Reports Containing the Cases Determined in All the Circuits from the Organization of the Courts Volume 27; Fully Reported with Numerous Annotations

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1898 Excerpt: ... 1t would certainly be a pretty extraordinary view of the sciences to consider a dally or weekly publication of the state of the market as falling within any class of them. They are of a more fixed, permanent, and durable character. The term 'science' cannot with any propriety be applied to a work of so fluctuating and fugitive a form as that of a newspaper or price current, the subject-matter of which is daily changing, and is of mere temporary use. Although great praise may be due to the plaintiffs for their Industry and enterprise in publishing this paper, yet the law docs not contemplate their being rewarded In this way. It must seek patronage and protection from its utility to the public, and not as a work of science. In the Sarony Photograph Case (4 Sup. Ct. 279), the court ruled lhat it was within the constitutional power of congress to confer upon the inventor, designer, or proprietor of a photograph a copyright, so far as the photograph is an interpretation of original, intellectual conception. The court declined to decide whether the copyright law is applicable to the ordinary production of a photograph, but, with respect to the particular photograph then before the court, held that it was entitled to protection as a work of art originating in the mental conception of the author, which was given visible form and expression by the selection and arrangement of various accessories; and upon that ground alone, as we read the opinion, the copyright was sustained. In the later case of Higgins v. Keuffel, 140 U. S. 428, 11 Sup. Ct. 731, the court observes that the provision of the constitution evidently has reference only to such writings and discoveries as are the result of intellectual labor; and, to be entitled to a copyright. 1 he article must have...