Mifflin v. R. H. White Co.

Citations

• 190 U.S. 260
• 23 S. Ct. 769
• 47 L. Ed. 1040
• 1903 U.S. LEXIS 1548

Syllabus

<p>The serial publication of an author’s work in a magazine with his consent and before any steps are taken to secure a copyright is such a publication as vitiates, under § 4 of the act of 1831, the copyright afterwards at-temped to be taken out. Holmes v. Hurst, '111 U. S. 82. Where there is no evidence that the publishers were the assignees or acted as the agents of the author for the purpose of taking out copyright, the copyright entry of a magazine, made by them under the act of 1831, and under the title of the magazine, will not validate the copyright entry subsequently made under a different title by the author of a portion of the contents of the magazine. And see Mifflin v. Hutton, post, p. 265.</p>