The first important case under the new American code, in September, 1909, dealt with the question who may obtain copyright. On the report of the discovery of the North Pole, the New York _Herald_ procured from Dr. Cook his account of his journey and copyrighted it on its publication in the _Herald_,--which copyright does not seem to have been questioned. Immediately thereafter came Commander Peary's account of his polar journey, for which the New York _Times_ had contracted with him before his departure in the previous year. The Peary report was published simultaneously by the New York _Times_ and the London _Times_, but the difference of five hours enabled the correspondents of the New York _Sun_ and _World_ to cable the report to their respective papers in time for publication at the same hour in America as in the New York _Times_. Anticipating this course, the New York _Times_ had taken the precaution to publish the report in pamphlet or "book" form some hours before newspaper publication, and to copyright this as a book. When an injunction was asked in the U. S. Circuit Court from Judge Hand, that judge granted the injunction, but on the required production of the contract in court, dissolved his injunction on the ground that the contract between Peary and the New York _Times_ gave to the _Times_ only the right to news publication and specifically reserved to Peary magazine and book rights. He inferred thus that the _Times_ had no right to copyright the news report as a book, and was not the agent of the author for that purpose. To the contrary, Judge Grosscup in Chicago, in an exactly similar case against the Chicago _Inter-Ocean_ and other Chicago papers, and with the contract before him, maintained the copyright by the _Times_. The two contradictory decisions have not so far been adjudicated in the higher courts. It will be observed that the question is not strictly one of copyright, but of contract, and that it is not denied that the news report, in the literary form given it by the author, was a proper subject of copyright, though the news of the discovery of the North Pole might not be copyrightable. Judge Hand perhaps erred in assuming that there could be separate copyright for news, magazine, or book publication, overlooking the fact that Peary had conferred on the _Times_ authority to protect the report sent to it by cable, while reserving to himself rights in magazine or book publication of his material, whether in the same or different form. {Sidenote: Renewal rights}