Legal Opinion

Henry Bill Publishing Co. v. Smythe

United States Circuit Court

Decided July 3, 1886PublishedCited by 14 opinions

In Equity. The plaintiff is the owner of the copyright of a book, written by James G. Blaine, called “Twenty Years of Congress,” and sold it by subscription only, to individual buyers of single copies. The book bad never been otherwise placed upon the market by the plaintiff, or with its consent. It employed agents to solicit subscriptions and deliver the copies ordered, assigning to each a certain territory.

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In Equity. The plaintiff is the owner of the copyright of a book, written by James G. Blaine, called “Twenty Years of Congress,” and sold it by subscription only, to individual buyers of single copies. The book bad never been otherwise placed upon the market by the plaintiff, or with its consent. It employed agents to solicit subscriptions and deliver the copies ordered, assigning to each a certain territory. An agent so employed in New York, to whom plaintiff had sent a number of copies for delivery to certain subscribers procured by him, sold the copies to a book-dealer, in Troy, contrary…

1Opinion of the CourtHammond, J.

It is proper that I should frankly say, by way of apology for a too long delay in the decision of this case, that when it was argued I felt, because of my unfamiliarity with the law of copyright, quite unwilling to assume the responsibility of its decision without an investigation, which has been until now, in the multitude of my other engagements, impossible. To me it was a startling proposition that, in the immense trade that goes on in copyrighted books, the. dealer must deraign his title to each copy from tho copyright holder with, all the particularity of real estate, if not more…

2Cases cited9 opinions

  1. Baker v. SeldenSupreme Court of the United States · 1880
  2. Ager v. MurraySupreme Court of the United States · 1882
  3. Stevens v. GladdingSupreme Court of the United States · 1855
  4. Stephens v. CadySupreme Court of the United States · 1853
  5. Bartlette v. CrittendenUnited States Circuit Court · 1847

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3Cited by14 opinions

  1. Werckmeister v. American Lithographic Co.Court of Appeals for the Second Circuit · 1904
  2. Bobbs-Merrill Co. v. StrausCourt of Appeals for the Second Circuit · 1906
  3. American International Pictures, Inc. v. ForemanCourt of Appeals for the Fifth Circuit · 1978
  4. Parfums Givenchy, Inc. v. C & C Beauty Sales, Inc.District Court, C.D. California · 1993
  5. Platt & Munk Co. v. Republic Graphics, Inc.Court of Appeals for the Second Circuit · 1963

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