Littleton v. Fischer

Citations

• 137 F. 684
• 1905 U.S. App. LEXIS 5012

Syllabus

<p>Copybight—Infringement—Preliminary Injunction.</p> <p>Preliminary injunction will not issue 'against the publication of defendant’s arrangement of a musical compbsition, though it is practically a reproduction of complainants’ copyrighted arrangement thereof; complainants having also published uncopyrighted editions of the composition, the character and extent of the dedication to the public through which cannot be determined on the affidavits and inspection of the respective scores, so that it is impossible to decide the extent of any trespass by defendant on the rights secured to complainants by the copyright, and it not appearing that defendant is unable to respond in damages.</p> <p>[Ed. Note.—For cases in point, see vol. 11, Cent Dig. Copyrights, § 78.]</p>