Journal Pub. Co. v. Drake
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the District of Oregon. Action by J. D. Drake and E. R. Drake, doing business under the name and style of Drake Bros., against the Journal Publishing Company, to recover the penalty provided by law for the infringement of a copyright. Judgment for plaintiffs, and defendant brings’ error. In 1903 the plaintiffs were photographers in the city of Silverton, Marion county, Or., under the firm name and style of Drake Bros.
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In Error to the District Court of the United States for the District of Oregon. Action by J. D. Drake and E. R. Drake, doing business under the name and style of Drake Bros., against the Journal Publishing Company, to recover the penalty provided by law for the infringement of a copyright. Judgment for plaintiffs, and defendant brings’ error. In 1903 the plaintiffs were photographers in the city of Silverton, Marion county, Or., under the firm name and style of Drake Bros. In July, 1903, plaintiffs became tlie sole owners and proprietors of two certain photographic productions, entitled and…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). [1] The only question in this case is whether the court was in error when it instructed the jury to return a verdict for the plaintiffs. The action is based upon section 4965 of the Revised Statutes of the United States (U. S. Comp. St. 1901, p. 3414), which, so far as this case is concerned, provides:
“If any person, after the recording of the title of any map * * * photograph * * * shall * * * contrary to the provisions of this act, and without the consent of the proprietor of the copyright first obtained in writing, signed in presence of two or more…
2Cases cited2 opinions
- Ellis v. United StatesSupreme Court of the United States · 1907
- Stearns v. United StatesU.S. Circuit Court for the District of Maine · 1840
3Cited by4 opinions
- Bruckman v. HollzerCourt of Appeals for the Ninth Circuit · 1946
- M. Witmark & Sons v. CallowayDistrict Court, E.D. Tennessee · 1927
- Shapiro, Bernstein & Co. v. VeltinDistrict Court, W.D. Louisiana · 1942
- Bourne v. FoucheDistrict Court, E.D. South Carolina · 1965