Paige v. Banks
Supreme Court of the United States
Appeal from a decree of the Circuit Court for the Southern District of New York; the case being thus: Congress by a copyright law of 81st May, 1790,* enacted that the author and authors of any book or books, “ and his or their executors, administrators, or assigns,” should have the sole right and liberty of printing, reprinting, publishing, and vending such book or books for the term of fourteen years.
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Appeal from a decree of the Circuit Court for the Southern District of New York; the case being thus: Congress by a copyright law of 81st May, 1790,* enacted that the author and authors of any book or books, “ and his or their executors, administrators, or assigns,” should have the sole right and liberty of printing, reprinting, publishing, and vending such book or books for the term of fourteen years. And if, at the expiration of the said term the said author or authors should be alive, that the same exclusive right should be continued to him or them, “ his or their executors,…
1Opinion of the CourtJustice Davis
delivered tbe opinion of the coui't.
The whole controversy turns upon the true interpretation of the agreement made on the 7th October, 1828.
Independent of any statutory provision the right of an author in and to his unpublished manuscripts is full and complete. It is his property, and, like any other property, is subject to his disposal. He ma}^ assign a qualified interest in it, or make an absolute conveyance of the whole interest.
The question to be solved is, do the terms of this agreement show the intent to part with the whole interest in the publication of this book, or with a partial and…
2Cited by22 opinions
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- Fred Fisher Music Co. v. M. Witmark & SonsSupreme Court of the United States · 1943
- Stone v. WilliamsCourt of Appeals for the Second Circuit · 1992
- Rossiter v. VogelCourt of Appeals for the Second Circuit · 1943
- Ferris v. FrohmanSupreme Court of the United States · 1912
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