PUBLIC LEDGER v. NEW YORK TIMES et al.
(District Court, S. D. New York. August 8, 1921.)
24—“Proprietor” equivalent to “assign.”The word “proprietor” as used in Copyright Act, § 8 (Comp. St. § 9524), is univalent to “assign,” and if an author retains a part of what goes to make up any of the recognized statutory divisions of his rights, his assignee is not a proprietor, who may secure a copyright.
[Ed. Note.—For other definitions, see Words and Phrases, First and Second Series, Assignee; Proprietor.]
24—Contract held not an assignment of literary property which carried the right to copyright.The Times, of London, made a contract with complainant, proprietor of a newspaper in Philadelphia, by which it agreed to maintain a room in London where it would furnish to complainant’s representative advance proofs of all special news articles published by it, as early as reasonably possible to enable complainant to make a copy or résumé thereof for transmission for publication in newspapers of the United States and Canada, to which complainant was authorized to sell the same. The Times further agreed that it would not furnish such proofs to other persons for transmission to American papers, and that it would do all that it reasonably could to secure to complainant the full benefit of the contract. Held, that the contract merely gave a license to use such matter, and did not constitute an assignment which made complainant the proprietor with the right to copyright in the United States under Copyright Act, § 8 (Comp. St. § 9524).
68—Bill for unfair competition held to state a cause of action.A bill for unfair competition, which alleged that complainant had a contract giving it the exclusive right to sell to American newspapers news articles published in the Times, of London, and that defendant, with knowledge of such contract, republished from the Times an important letter, under a heading falsely stating that it was by permission of the Times, held to state a cause of action.
In Equity. Suit by the Public Ledger against the New York Times and others. On motion to dismiss bill. Granted as to first cause of action, and denied as to the second.
This is a motion to dismiss a bill in equity upon its face. The bill is composed of two causes of action, one in copyright and the other in unfair competition. In each it alleged that the complainant was a Pennsylvania, and the defendant a New York, corporation, and the individual defendants citizens of New York. In each it alleged that “the value of the matter or thing actually in controversy in this case is in excess of $3,000.”
In substance the first cause of action alleged that both parties were the owners of well-known newspapers in Philadelphia and New York, respectively, and that each maintained an organization for gathering news all over the world, and purchases news from other news-gathering agencies, in some cases for resale. The plaintiff made a contract with the Times, of London, which is the basis of its rights, and the substance of which is as follows:
The Times would provide a room in London at which it would produce for a representative of the plaintiff the “proofs” of all special news articles and other matter, published “as early as is reasonably possible to enable” the plaintiff to make such copy or résumé thereof as it might think best for transmission for publication in newspapers in the United States and Canada. When possible these “proofs” should be produced enough in advance of the date of their publication in the Times to enable the plaintiff to mail proofs to Phil- For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
