White-Smith Music Publishing Co. v. Apollo Co.
Supreme Court of the United States
APPEALS PROM AND CERTIORARI TO THE CIRCUIT COURT OP APPEALS POR THE SECOND CIRCUIT. The facts are stated in the opinion. Appellant's interpretation is in accord, with the policy of the law and appellee’s interpretation is not. The policy of the law is to protect the author against every form of' piracy without distinction, and the piracy of a musical composition by reproducing and selling it in the form of perforated music is just as culpable as in any other form.
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APPEALS PROM AND CERTIORARI TO THE CIRCUIT COURT OP APPEALS POR THE SECOND CIRCUIT. The facts are stated in the opinion. Appellant's interpretation is in accord, with the policy of the law and appellee’s interpretation is not. The policy of the law is to protect the author against every form of' piracy without distinction, and the piracy of a musical composition by reproducing and selling it in the form of perforated music is just as culpable as in any other form. The Constitution purports to secure to authors “the exclusive right to their respective writings,” and it is obviously not…
1Opinion of the CourtJustice Day
These cases may be considered together. They are appeals from the judgment of the Circuit Court of Appeals for the Second Circuit (147 Fed. Rep. 226), affirming the decree of the Circuit Court of the United States for the Southern District of " New York, rendered August 4, 1905 (139 Fed.. Rep. 427), dismissing the bills of the complainant (now appellant) for want of equity. Motions have been made to dismiss the appeals, and a petition for writ of' certiorari has been filed by appellant. In view of the nature of the cases the writ of certiorari is granted, the record on the appeals to stand as…
2Cases cited5 opinions
- American Tobacco Co. v. WerckmeisterSupreme Court of the United States · 1907
- Banks v. ManchesterSupreme Court of the United States · 1888
- Thompson v. HubbardSupreme Court of the United States · 1889
- Ex Parte Bradstreet v. HuntingtonSupreme Court of the United States · 1834
- Montana Mining Co. v. St. Louis Mining & Milling Co.Supreme Court of the United States · 1907
3Cited by150 opinions
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- Apple Computer, Inc., a California Corporation v. Franklin Computer Corporation, a Pennsylvania CorporationCourt of Appeals for the Third Circuit · 1983
- Bobbs-Merrill Co. v. StrausSupreme Court of the United States · 1908
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