William R. Day

“ There is absolutely no provision in the statutes for a second filing of the photograph or description, nor is there any provision as to filing any amendments thereto; and, as the matter is wholly the subject of statutory regulation, we are at a loss to preceive by what authority any second application for the same painting, with a view to securing a copyright thereon, can be sustained. If it could be, we see no reason why the proprietor might not thus extend the limit of copyright fixed in the statute by an indefinite number of new applications and filings with the librarian. ”

“ Statutory copyright is not be confounded with the common-law right. At common law, the exclusive right to copy existed in the author until he permitted a general publication. Thus, when a book was published in print, the owner's common-law right was lost. At common law an author had a property in his manuscript, and might have an action against anyone who undertook to publish it without authority. The statute created a new property right, giving to the author, after publication, the exclusive right to multiply copies for a limited period. ”

“ White-Smith Music Pub. Co. v. Apollo Co. 209 U.S. 1, 52 L. ed. 655, 28 Sup. Ct. Rep. 319; American Tobacco Co. v. Werckmeister, 207 U.S. 284, 52 L. ed. 208, 28 Sup. Ct. Rep. 72, 12 A. & E. Ann. Cas. 595; Bong v. Alfred S.C.ampbell Art. Co. ”