New York Times Co. v. Star Co.

Citations

• 195 F. 110
• 1912 U.S. App. LEXIS 1353

Syllabus

<p>1. Copyrights (§ 2*)—Statutory Provisions—Powers op Congress.</p> <p>The subject of statutory copyright is wholly within the powers of Congress, and it may restrict in any way the maintenance of actions or proceedings in the courts for infringement of copyright.</p> <p>[Ed. Note.—For other cases, see Copyrights, Cent. Dig. § 1: Dec. Dig. § 2.*]</p> <p>2. Copybights (§ 74*)—Ineringement—Jurisdiction—Injunction.</p> <p>Under Act Cong.'March 4, 1909, e. 320, § 12, 35 Stat. 1078 (U. S. Comp. St. Supp. 1909, p. 1293), providing for copyright, and declaring that no “action or proceeding shall be maintained for infringement of copyright” until the provisions with respect to the deposit of copies and registration of the work has been complied with, and that actions or proceedings shall he cognizable by enumerated courts, and that civil actions may be instituted in the district of which defendant is an inhabitant, etc., an injunction enjoining the publication of an alleged copyright work, issued in a suit in equity and served before two copies of the work have been deposited in the copyright office or mailed, addressed to the register of copyrights, is void because of want of jurisdiction of the suit; the quoted phrase including a suit in equity.</p> <p>[Ed. Note.—For other cases, see Copyrights, Cent. Dig. § 65; Dec. Dig. § 74.*]</p>