William R. Day

“ We think it was the object of the statute to require this inscription, not upon the original painting, map, photograph, drawing, etc., but upon those published copies concerning which it is designed to convey information to the public which shall limit the use and circumscribe the rights of the purchaser.
As we have seen, the purpose of the copyright law is not so much the protection of the possession and control of the visible thing, as to secure a monopoly having a limited time, of the right to publish the production which is the result of the inventor's thought. ”

“ It is a fundamental rule that to constitute publication there must be such a dissemination of the work of art itself ' among the public as to justify the belief that it took place with the intention of rendering such work common property. ”

“ And further, says the same author, "the foundation of all rights of this description is the natural dominion which everyone has over his own ideas, the enjoyment of which, although they are embodied in visible forms or characters, he may, if he chooses, confine to himself or impart to others." ”

“ In this connection it is argued that under the statute above quoted (4952, as amended March 3, 1891) an author cannot, before publication, assign the right or privilege of taking a copyright independent of the "transfer of the copyrightable thing itself," and it is contended that the terms "author," "inventor," "designer," refer to the originator of the book, may, chart, painting, etc., and that the term "proprietor" refers to the person who has a copyrightable thing made for him under such circumstances as to become the proprietor ”

“ It would seem clear that the real object of the statute is not to give notice to the artist or proprietor of the painting or the person to whose collection it may go, who need no information, but to notify the public who purchase the circulated copies of the existing copyright, in order that their ownership may be restricted. ”

“ This would seem to demonstrate the intention of Congress to vest in "assigns," before copyright, the same privilege of subsequently acquiring complete statutory copyright as the original author, inventor, designer, or proprietor has. Nor do we think this result is qualified because the statute gives to assigns, together with the right of publishing, vending, etc., the right of "completing, executing, and finishing" the subject-matter of copyright. ”

“ After verdict, and upon motion for a new trial, plaintiff in error, defendant below, moved to set aside the verdict "on the ground that replevin, under the statutes of the state of New York, is not an appropriate remedy or a lawful and legal remedy for taking possession of the alleged incriminating sheets or pictures, and that the proceedings taken in that behalf by the plaintiff were illegal and invalid, and that the plaintiff cannot avail of any benefit of that proceeding, and the introduction in evidence of the replevin proceedings was an error." ”

“ That no person shall maintain an action for the infringement of his copyright unless he shall give notice thereof by inserting in the several copies of every edition published, on the title page or the page immediately following, if it be a book ”