Brady v. Daly
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. This was an action at law brought by Augustin Daly, and prosecuted since his death by the executors of his will, for the violation of a dramatic copyright. In 1867 Daly was the owner of a dramatic composition entitled “Under the Gas Light,” and in that year he took out a copyright therefor in the United States.
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. This was an action at law brought by Augustin Daly, and prosecuted since his death by the executors of his will, for the violation of a dramatic copyright. In 1867 Daly was the owner of a dramatic composition entitled “Under the Gas Light,” and in that year he took out a copyright therefor in the United States. The play was produced by Daly and his licensees, and became quite popular, and he derived considerable profit from its production by himself and from the royalties he received. The chief value of the play and its popularity…
1Opinion of the CourtJustice Peckham
The first objection made by the plaintiff in error to the judgment in this case is that the Circuit Court had no jurisdiction of the action because it was brought to recover a penalty or forfeiture under section 4966 of the Revised Statutes, and it was contended that the District Courts of the United States have by law exclusive jurisdiction over that class of actions.
Whether the District Courts still have exclusive jurisdiction over an action to recover for a forfeiture or a penalty arising' from a violation of the copyright act, it is not necessary to here determine, because we think that…
2Cases cited8 opinions
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Huntington v. AttrillSupreme Court of the United States · 1892
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Campbell v. HaverhillSupreme Court of the United States · 1895
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3Cited by132 opinions
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- Chattanooga Foundry & Pipe Works v. City of AtlantaSupreme Court of the United States · 1906
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