Stern v. Jerome H. Remick & Co.
District Court, S.D. New York
Action by Joseph W. Stern and another against Jerome H. Remick & Co. On motion for nonsuit at the close of plaintiffs’ case. This is a motion for a nonsuit, made at the close of the plaintiff's case, in an action brought to recover statutory penalties for the violation of the plaintiff’s copyright.
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Action by Joseph W. Stern and another against Jerome H. Remick & Co. On motion for nonsuit at the close of plaintiffs’ case. This is a motion for a nonsuit, made at the close of the plaintiff's case, in an action brought to recover statutory penalties for the violation of the plaintiff’s copyright. The defendant attacks the plaintiff’s case on three grounds: First, because the plaintiff did not make publication of the work after filing two copies with the Librarian of Congress; second, because the notice of copyright stated the year in Roman numerals, not Arabic; and, third, because the…
1Opinion of the CourtHand, District Judge
(after stating the facts as above). As to the two second objections raised by the defendant I find no difficulty. It is not necessary that the defendant should have intended to violate the copyright of the plaintiff. He had means of knowledge from the *283copyright office that the song had been in fact copyrighted; and he, like any one else, took his chances when he published the song without any inquiry.
Nor do I find any difficulty in deciding that Roman numerals conform to the notice prescribed by the statute. Roman numerals are a part of the language of this country. They are constantly in use…
2Cases cited5 opinions
- Callaghan v. MyersSupreme Court of the United States · 1888
- Werckmeister v. American Lithographic Co.Court of Appeals for the Second Circuit · 1904
- Jewelers' Mercantile Agency v. Jewelers' Weekly Publishing Co.New York Court of Appeals · 1898
- Wright v. EisleAppellate Division of the Supreme Court of the State of New York · 1903
- Ladd v. OxnardU.S. Circuit Court for the District of Massachusetts · 1896
3Cited by16 opinions
- Buck v. Jewell-LaSalle Realty Co.Supreme Court of the United States · 1931
- Patterson v. Century Productions, Inc.Court of Appeals for the Second Circuit · 1937
- Atlantic Monthly Co. v. Post Pub. Co.District Court, D. Massachusetts · 1928
- American Visuals Corporation v. Frederick A. Holland and Sam SchwartzCourt of Appeals for the Second Circuit · 1956
- M. Witmark & Sons v. CallowayDistrict Court, E.D. Tennessee · 1927
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