William R. Day

“ That it was intended to give the right of copyright to others than the author, inventor, or designer is conclusively shown in the use of the terms 'proprietor' and 'assigns' in the statute.
It seems clear that the word 'assigns' in this section is not used as descriptive of the character of the estate which the 'author, inventor, designer, or proprietor' may acquire under the statute, for the 'assigns' of any such person, as well as the persons themselves, may, 'upon complying with the provisions of this chapter,' have the sole liberty of printing, publishing, and vending the same. ”

“ If the contention of the plaintiff in error be sustained the statute is satisfied only when the original map, chart, etc., or painting is inscribed with the notice, and this is requisite whether the original painting is ever published or not. We think this construction ignores the purpose and object of the act, which Mr. Justice Miller has said, in the language just quoted, is to give notice of the copyright to the public,-that is, to the persons who buy or deal with the published thing. ”

“ 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 is insisted that there is reason for the distinction in the statute between books, and maps, charts, paintings, etc., in that a book can only be published in print and becomes known by reading, while paintings, drawings, etc., are published by inspection and observation. ”

“ American Lithographic Co. 142 Fed. 827, Judge Holt reached the same conclusion as Judge putnam and in the case at bar the circuit court of appeals for the second circuit approved of the reasoning of Judges Putnam and Holt and disagreed with the majority of the judges of the circuit court of appeals for the first circuit. ”

“ It is not the physical thing created, but the right of printing, publishing, copying, etc., which is within the statutory protection. While not, in all respects, analogous, this proposition finds illustration in Stephens v. Cady, 14 How. 528, 14 L. ed. 528, in which it was held, where the copyright for a map had been taken out under the act of Congress, a sale upon execution of the copperplate engraving from which it was made did not pass the right to print and sell copies of the map. Mr. ”