Copyright: Its History and Its LawBowker, R. R. (Richard Rogers)
History
Copyright: Its History and Its Law
Bowker, R. R. (Richard Rogers)
Copyright -- History; Copyright -- United States -- History
"(d) To deliver up on oath for destruction all the infringing copies or
devices, as well as all plates, molds, matrices, or other means for
making such infringing copies as the court may order;
{Sidenote: Supreme Court rules}
"Rules and regulations for practice and procedure under this section
shall be prescribed by the Supreme Court of the United States," for
which see appendix.
{Sidenote: Court jurisdiction}
The Circuit Court, or District or other courts having circuit
jurisdiction, of the United States, have original jurisdiction "of all
suits at law or in equity arising under the patent or copyright laws of
the United States" with appeal or writ of error to the Supreme Court of
the United States. Copyright cases are brought in the first instance
before a single judge sitting in Circuit Court or District Court, and
thence are appealed to the Circuit Court of Appeals consisting of three
or more circuit judges, and thence again to the United States Supreme
Court, the final authority. These federal courts have sole jurisdiction
under the copyright law as such; but copyright cases are often
adjudicated in State courts on questions arising under the law of
contracts or other statute or common law, regard being always given to
the decisions of the federal courts as to copyright questions proper
which may be involved. In other words, the State courts do not pass upon
copyright law, but may apply, within the respective states, the
copyright decisions of federal courts. Thus in Hoyt _v._ Bates, in 1897,
Judge Putnam in the U. S. Circuit Court in Massachusetts remanded the
case back to the State courts because the question was not under the
copyright law as such, but regarding the ownership of copyright
property. In this case the author of a play "A black sheep," containing
a song "Sweet Daisy Stokes," licensed the defendant to print the song.
The defendant copyrighted the song and the plaintiff sued to compel him
to assign his copyright. The case illustrates the respective
jurisdictions of federal and State courts in copyright matters.
{Sidenote: Limitation}
Public-domain text, read in full here on John Shaqi.
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