American Press Ass'n v. Dairy Story Pub. Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern District of Illinois. The American Press Association, a citizen of the state of New York, is engaged in the business of securing original and selected matter for publication», which it prepares in the form of electrotype plates, and leases for publication to its subscribers for an agreed consideration.
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Appeal from the Circuit Court of the United States for the Northern District of Illinois. The American Press Association, a citizen of the state of New York, is engaged in the business of securing original and selected matter for publication», which it prepares in the form of electrotype plates, and leases for publication to its subscribers for an agreed consideration. The matter thus distributed is sometimes copyrighted matter, and sometimes not; the former being published with the requisite copyright notice, and the latter credited to the source from which it is obtained. The appellee, the…
1Opinion of the Court
JENKINS, Circuit Judge.
It is doubtful if this bill can be sustained under any head of equitable jurisdiction. It might be entertained to prevent a multiplicity of suits, if any. legal duty is imposed upon the appellant to protect its customers from the demands of the *768appellee. It is questionable if any such duty is averred or exists. Wolfe v. Burke, 56 N. Y. 115.
The copyright of the appellee was property, of which it could not be legally deprived without its consent. Title to copyright is no more lost by the theft of the manuscript, or piratical publication of it, than is one’s title to a…
2Cases cited7 opinions
- Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
- Arkansas Valley Land & Cattle Co. v. MannSupreme Court of the United States · 1889
- Chicago Railway Equipment Co. v. Merchants' BankSupreme Court of the United States · 1890
- The Monte AllegreSupreme Court of the United States · 1824
- Bank of Pittsburgh v. NealSupreme Court of the United States · 1860
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3Cited by15 opinions
- National Comics Publications, Inc. v. Fawcett Publications, Inc.Court of Appeals for the Second Circuit · 1951
- De Acosta v. BrownCourt of Appeals for the Second Circuit · 1944
- Toksvig v. Bruce Pub. Co.Court of Appeals for the Seventh Circuit · 1950
- Mills Music, Inc. v. Cromwell Music, Inc.District Court, S.D. New York · 1954
- Egner v. E. C. Schirmer Music Co.Court of Appeals for the First Circuit · 1943
10 more not listed; retrieve them via the Exa API.