Patterson v. J. S. Ogilvie Pub. Co.

Citations

• 119 F. 451
• 1902 U.S. App. LEXIS 5288

Syllabus

<p>1. Copyright—Depositing Copies—Evidence.</p> <p>Evidence in a suit for an infringement of a copyright held sufficient to show that the author had mailed two copies of the book addressed to the librarian of congress, notwithstanding the register of copyrights certified that he could not find any copies on file.</p> <p>2. Same—Ftling Copy of Title of Work—Variance.</p> <p>The copy of the title of a book filed to obtain a copyright was “The Captain of the Rajah. By Howard Patterson. Illustrated by Warren Sheppard. A thrilling and realistic sea story from a noted sailor’s pen, and lavishly illustrated by the pencil of America’s greatest marine artist.” The title of the book published was “The Captain of the Rajah. A Story of the Sea, by Howard Patterson. Illustrated by Warren Sheppard.” Beld, that the author did not lose his copyright by reason of publishing the book with the shorter title.</p> <p>8. Same—Residence or Citizenship of Author.</p> <p>In a suit for an infringement of a copyright, on the issue of whether the author was a citizen or resident of the United States at the time he applied for the copyright, the certificate from the librarian described him as of New York, and the author testified that he was at the time of the trial a resident of New York, and that he had mailed the two copies to the librarian of congress in New York more than 10 years before. Beld, that this was sufficient proof of the author’s residence, in the absence of any evidence to the contrary.</p> <p>4. Same—Place of Printing—Proof.</p> <p>Complainant in a suit for an infringement of a copyright of a book printed in 1890 is not obliged to prove that it was printed from type set within the United States, or from plates made therefrom; Rev. St. § 4956 [U. S. Comp. St. 1901, p. 3407], being amended as to require such proof by an act passed March 3, 1891.</p> <p>5. Same—Abandonment.</p> <p>In a suit for an infringement of a copyright it appeared that the author had type set up, plates tak