Parkinson v. Laselle
U.S. Circuit Court for the District of California
Bill in equity [by T. D. Parkinson against E. B. Laselle] to restrain the infringement of a copyright to a map of the Comstock lode.
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Bill in equity [by T. D. Parkinson against E. B. Laselle] to restrain the infringement of a copyright to a map of the Comstock lode. The defendant demurred specially on the ground that the bill does not allege the delivery at the office of the librarian of congress, or a deposit in the mail addressed to said librarian, of a copy of the title of the map before its publication, or a delivery to said librarian, or a deposit in the mail, addressed to him, of two copies of said map within ten days from its publication. The copyright is claimed to have been obtained on October 2, 1874. Section 4952…
1Opinion of the Court
SAWYER, Circuit Judge.
It is settled by the supreme court in Wheaton v. Peters, 8 Pet. [33 U. S.] 591, that every act required by the act of congress of May 3, 1790 (1 Stat 124), and of April 29, 1802 (2 Stat. 171), relative to copyrights, is essential to the title derived under those acts.; Unless he performs every act required by these statutes, the author acquires no exclusive right. See, also, Jollie v. Jaques [Case No. 7,437] and Baker v. Taylor [Id. 782], The authority of these decisions is not questioned by complainant, but it is insisted that the present statute is different and…
2Cited by3 opinions
- Pierce & Bushnell Manuf'g Co. v. WerckmeisterCourt of Appeals for the First Circuit · 1896
- Chapman v. FerryUnited States Circuit Court · 1883
- Donnelley v. IversU.S. Circuit Court for the District of Southern New York · 1882