American Law Book Co. v. Chamberlayne

Citations

• 165 F. 313
• 91 C.C.A. 281
• 1908 U.S. App. LEXIS 4756

Syllabus

<p>Literary Property (§ 7*) — Bight to Control Publication-Sale nr Author.</p> <p>Plaintiff contracted to write an article on the law of evidence, and to deliver the same for a stated compensation to defendant for publication in its Cyclopedia. Defendant was to become owner of the copyright, plaintiff reserving only the right to make use of the material and memoranda collected by him in any manner which did not infringe upon or interfere with such copyright. Plaintiff wrote and delivered only part, of the article, and defendant revised and completed the same, and published it with a truthful statement of authorship and editorship. Hold that,_ when the manuscript was written and delivered under such contract, plaintiff ceased to be the owner of the literary property therein, and could not maintain an action for trespass thereto because of the manner in which the article was published.</p> <p>[Ed. Note. — For other cases, see Literary Property, Dec. Dig. § 7.*</p> <p>Bights of authors to control of «publication, disposition, or use of their productions, independent of statutory copyright, see note to Bobbs-Merrill Co. v. Straus, 77 C. C. A. (520.]</p>