![]() ![]() 3416) to grant injunctions according to the course and principles of courts of equity in copyright cases. The circuit courts of the United States are given jurisdiction under § 4970 (3 U.S.Comp.Stat. 1021), giving to the author, inventor, designer, or proprietor of any book, map, chart, dramatic or musical composition the sole liberty of printing, reprinting, publishing, completing, copying, executing, finishing and vending the same. The action was brought under the provisions of the Copyright Act, § 4952 (3 U.S.Comp.Stat. The answer was general in its nature, and, upon the testimony adduced, a decree was rendered, as stated, in favor of the Apollo Company, defendant below, appellee here. The appellant, as assignee of Adam Geibel, the composer, alleged compliance with the Copyright Act, and that a copyright was duly obtained by it on or about March 17, 1897. The actions were brought to restrain infringement of the copyrights of two certain musical compositions, published in the form of sheet music, entitled respectively, "Little Cotton Dolly" and "Kentucky Babe." The appellee, defendant below, is engaged in the sale of piano players and player pianos known as the "Apollo," and of perforated rolls of music used In view of the nature of the cases, the writ of certiorari is granted, the record on the appeals to stand as a return to the writs. Motions have been made to dismiss the appeals, and a petition for writ of certiorari has been filed by appellant. 427), dismissing the bills of the complainant (now appellant) for want of equity. 226) affirming the decree of the Circuit Court of the United States for the Southern District of New York, rendered Aug(139 F. They are appeals from the judgment of the Circuit Court of Appeals of the Second Circuit (147 F. ![]() JUSTICE DAY delivered the opinion of the Court. The existing copyright statute his not provided for the intellectual conception, even though meritorious, apart from the thing produced, but has provided for the making and filing of a tangible thing against the duplication whereof it has protected the composer.Ĭonsiderations of the hardships of those whose published productions are not protected by the copyright properly address themselves to Congress, and not to the courts.ĪPPEALS FROM AND CERTIORARI TO THE CIRCUIT Statute is a written or printed record of it in intelligible notation, and this does not include perforated rolls which, when duly applied and properly operated in connection with musical instruments to which they are adapted, produce the same musical tones as are represented by the signs and figures on the copy in staff notation of the composition filed by the composer or copyright. 481, providing penalties for infringements of copyrighted dramatic or musical compositions, did not enlarge the meaning of previous and unamended sections.Ī "copy" of a musical composition within the meaning of the copyright The amendment of § 4966, Rev.Stat., by the Act of January 6, 1897, 29 Stat. What is included within the protection of the copyright statute depends upon the construction of the statute itself, as the protection given to copyright in this country is wholly statutory. ![]() While the United States is not a party to the Berne Copyright Convention of 1886, this Court will hesitate to construe the Copyright Act, as amended March 3, 1891, in such manner that foreign authors and composers can obtain advantages in this country which, according to that convention, are denied to our citizens abroad. While this Court is not bound under the doctrine of stare decisis by the decisions of lower federal courts which have not been reviewed by this Court as to the construction of a federal statute, or by the decisions of the highest courts of foreign countries construing similar statutes of those countries, where all of such decisions express the same views on the subject involved, the omission of Congress, when subsequently amending the statute, to specifically legislate concerning that subject may be regarded by this Court as an acquiescence by Congress in the judicial construction so given to the statute. ![]()
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