McLoughlin v. Raphael Tuck & Sons Co.

Citations

• 115 F. 85
• 53 C.C.A. 508
• 1902 U.S. App. LEXIS 4191

Syllabus

<p>L Penalties — False Notice ox Copyright — Extraterritorial Eeeeot oe Statute.</p> <p>Rev. St U. S. § 4968, provides that “every person who shall insert or impress” a false notice of copyright “in or upon any book * * * for which he has not obtained a copyright in the United States” shall be liable to a penalty. Defendant imported from Germany and sold in the United States books bearing a false copyright notice, which had been Impressed on them by the publisher In Germany by defendant’s authorization. Held, that defendant was not liable to the penalty, the statute having no extraterritorial effect.</p> <p>2. Same.</p> <p>Act March 3, 1897, amending Rev. St. § 4963, subjects to the penalty, in addition, every person “who shall knowingly issue or sell any article” bearing such false notice of copyright, “provided, that this act shall not apply to any importation of or sale of such goods brought into the United States prior to the passage hereof.” The books in question were imported prior to the passage of the act, but part of them were sold in the United States after its passage. Held, that such sale did not make defendant liable to the penalty.</p>