Joe Mittenthal, Inc. v. Irving Berlin, Inc.
District Court, S.D. New York
1Opinion of the Court
LEARNED HAND, District Judge.
The question is this: The copies being on deposit with the register after publication, does it make any difference that they were on deposit also for two weeks before? The purpose of the deposit is to secure two copies "of “the best edition” for the Library of Congress as a condition upon the right to pro*715tect the copyright. How is that affected by the fact that the register gets them before the author need give them up? The time was rather of grace to authors who might delay deposit till their best edition was on the market. Thüs they need not hold it* for a time…
2Cases cited4 opinions
- Belford v. ScribnerSupreme Court of the United States · 1892
- Stern v. Jerome H. Remick & Co.District Court, S.D. New York · 1910
- Cardinal Film Corp. v. BeckDistrict Court, S.D. New York · 1918
- No-Leak-O Piston Ring Co. v. NorrisCourt of Appeals for the Fourth Circuit · 1921
3Cited by6 opinions
- Washingtonian Publishing Co. v. PearsonSupreme Court of the United States · 1939
- Atlantic Monthly Co. v. Post Pub. Co.District Court, D. Massachusetts · 1928
- United States v. BackerCourt of Appeals for the Second Circuit · 1943
- Shilkret v. Musicraft Records, Inc.Court of Appeals for the Second Circuit · 1942
- Fader v. Twentieth Century-Fox Film CorporationDistrict Court, S.D. New York · 1959
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