Mifflin v. R. H. White Co.
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT. This was a bill..in equity by the firm of Houghton, Mifflin & Co., as assignees of the late Oliver Wendell Holmes, against tbe E. H. White Company, for a violation of the copyright upon the “ Professor at the Breakfast Table.”. The work was published serially during the year 1859, in the Atlantic Monthly Magazine, at first by Phillips, Sampson & Co., and later by the firm of Ticknor & Fields.
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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT. This was a bill..in equity by the firm of Houghton, Mifflin & Co., as assignees of the late Oliver Wendell Holmes, against tbe E. H. White Company, for a violation of the copyright upon the “ Professor at the Breakfast Table.”. The work was published serially during the year 1859, in the Atlantic Monthly Magazine, at first by Phillips, Sampson & Co., and later by the firm of Ticknor & Fields. The first ten parts were published from January to October, 1859, by Phillips, Sampson & Co. without copyright protection. The remaining…
1Opinion of the CourtJustice Brown
That the copyright taken out by .the author after the serial publication of his work in- the Atlantic Monthly did not prevent the republication of so much of such serial ás had appeared in the magazine prior to December, 1859, and before any steps taken to obtain a copyright, was settled by this court in Holmes v. Hurst, 174 U. S. 82, wherein we held that the appearance of a work in a magazine, by consent of the author, was such a publication as vitiated the copyright under section four of the copyright act of 1831. 4 Stat. 436.
The question presented by this case is whether entering for…
2Cases cited3 opinions
- Holmes v. HurstSupreme Court of the United States · 1899
- Belford v. ScribnerSupreme Court of the United States · 1892
- Thompson v. HubbardSupreme Court of the United States · 1889
3Cited by48 opinions
- Abend v. MCA, Inc.Court of Appeals for the Ninth Circuit · 1988
- Fleischer Studios, Inc. v. Ralph A. Freundlich, Inc.Court of Appeals for the Second Circuit · 1934
- Dam v. Kirk La Shelle Co.Court of Appeals for the Second Circuit · 1910
- Goodis v. United Artists Television, Inc.Court of Appeals for the Second Circuit · 1970
- West Publishing Co. v. Edward Thompson Co.U.S. Circuit Court for the District of Eastern New York · 1909
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