Stowe v. Thomas
District Court, E.D. Pennsylvania
The act of congress (Act Feb. 3, 1831 [4 Stat. 436]) respecting c.opy-rights gives to the “author of any book” the “sole right and liberty of printing, reprinting, publishing and vending such book:” and if any other person shall print, publish or import, &c., “any copy of such book” without the consent, &c., affixes certain penalties for the infringement of copy-right.
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The act of congress (Act Feb. 3, 1831 [4 Stat. 436]) respecting c.opy-rights gives to the “author of any book” the “sole right and liberty of printing, reprinting, publishing and vending such book:” and if any other person shall print, publish or import, &c., “any copy of such book” without the consent, &c., affixes certain penalties for the infringement of copy-right. With this act in force, Mrs. Harriet Beecher Stowe published in 1850-52, a romance called “Uncle Tom’s Cabin: or Life among the Lowly.” The copy-right had been duly secured. The book became very popular, and soon after its…
1Opinion of the Court
GRIER, Circuit Justice.
In the balance of opinions among learned jurists, we must en-deavour to And some ascertained principles of the common law as established by judicial decision on which to found our conclusion.
In order to decide what is an infringement of an author’s rights, we must inquire what constitutes literary property, and what is recognised as such by the act of congress, and secured and protected thereby.
An author may be said to be the creator or inventor, both of the ideas contained in his book, and. the combination of words to represent them. Before publication he has the…
2Cited by13 opinions
- Suntrust Bank, as Trustee of the Stephen Mitchell Trusts F.B.O. Eugene Muse Mitchell and Joseph Reynolds Mitchell v. Houghton Mifflin CompanyCourt of Appeals for the Eleventh Circuit · 2001
- Quality King Distributors, Inc. v. L'Anza Research International, Inc.Supreme Court of the United States · 1998
- Clemens v. Belford, Clark & Co.United States Circuit Court · 1883
- Henry Bill Publishing Co. v. SmytheUnited States Circuit Court · 1886
- Sarony v. Burrow-Giles Lithographic Co.U.S. Circuit Court for the District of Southern New York · 1883
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