Saltus v. Belford Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made April 22, 1892, which affirmed an order of Special Term granting an injunction 6 lite, restraining the defendant from printing, publishing or selling certain novels of which plaintiff is the author.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made April 22, 1892, which affirmed an order of Special Term granting an injunction 6 lite, restraining the defendant from printing, publishing or selling certain novels of which plaintiff is the author. This action was brought against defendant, the publisher of certain novels of which plaintiff was the author, to compel it to account to him for the royalties on the sale of such novels under certain contracts for their publication and sale made between plaintiff and defendant, and to declare such…
1Opinion of the CourtFinch, J.
The principal objection urged against the temporary injunction granted in this action and operative during its pendency is that the papers nowhere disclose the existence of a copyright covering and protecting the plaintiff’s right as author of the books specified in the contract. The drift of the argument is that in the absence of a copyright the defendant company was at liberty to publish the books irrespective of the will of the author, without paying tribute to him, and whether he consented or not, and that the court could not interfere with that right or take it away by injunction. So…
2Cases cited2 opinions
- Marston v. . SwettNew York Court of Appeals · 1876
- Hyatt v. . IngallsNew York Court of Appeals · 1891
3Cited by17 opinions
- Victory Bottle Capping Mach. Co. v. O. & J. Mach. Co.Court of Appeals for the First Circuit · 1922
- De Mille Co. v. CaseyNew York Supreme Court · 1921
- L. Heller & Son, Inc. v. Lassner Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Tams-Witmark Music Library, Inc. v. New Opera Co.New York Court of Appeals · 1948
- Outcault v. BonheurAppellate Division of the Supreme Court of the State of New York · 1907
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