Music Trade Review

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THE MUSIC TRADE REVIEW.
either in England or this country (Ameri- when they are actually buying yours,' "
ca), in which, under the law of copyright, and Lord Justice James said: "Where a
courts have protected the title alone sepa- man sells a work under the name or title
(JOPYRIC.HT IN TITLES.
rate from the book which it is used to of another man or another man's work, that
The question whether there can be copy- designate (per Shipley, j . , in Osgood vs. is not an invasion of copyright, it is com-
right in the title of a book derives inter- Allen, 1 Holmes [Am.], 185). This, it is mon law fraud, and can be redressed by
est from some recent observations in a submitted, is a perfectly accurate state- ordinary common law remedies,- wholly ir-
contemporary apropos of Mr. W. S. Gil- ment of the law of copyright on this point. respective of any of the conditions or re-
bert's new opera, the title of which is It, therefore, follows that no protection can strictions imposed by the Copyright Acts."
stated to have been anticipated some years be obtained by registering a title in ad- Herein really lies the gist of the distinction
ago by the late Charles Math.ews. The vance of publication or a dummy book. between copyright and trade-mark. In the
same authority gives a more famous illus- But it does not follow that a title cannot be case of the former the subject of the copy-
tration of this kind of literary coincidence protected from piracy. Such protection is, right must be publicly registered before
in " P a u l P r y , " which was really written however, really analogous to that of a trade- proceedings for infringement can betaken,
by John Poole, though afterward brought mark. The title is the trade-mark under and these must be brought within twelve
out, with some trifling alterations, under which the property to which it is applied months of the date of the offense, and the
the same title by Douglas Jerrold. T h e •—i'. g\, a book—is sold, and the sale of a fact of infringement of a registered copy-
importance of protecting the titles of works book under a title already adopted for an right entails the statutory penalties and
is so obvious that it is strange to find so existing publication would be restrained, gives the statutory right to damages as
much misapprehension apparently existing if at all, on the ground of actual or probable well. In an action for infringing a title
on this subject. To say that, generally injury to property or as a common-law regarded as a trade-mark, these conditions
In Dicks vs. Yates {supra), the do not exist; but the material question to
speaking, there can be no copyright in a fraud.
Master
of
the Rolls (Sir George Jessel) said: be determined is injury, actual or probable,
title is to state what is known to the few
"
T
h
e
adoption
of the words as the title of or fraud, proof of which may often present
lawyers who have studied this subject, what
a
novel
might
make
a trade-mark, and en- considerable difficulty.—Law Journal.
the majority of the profession would be
title
the
owner
of
the
novel to say to any
surprised to hear, and what the world of
authors and publishers would probably one else: 'You cannot sell another novel
]. J. HART & Co., musical merchandise,
scout as absurd. Yet it is undoubtedly under the same title, so as to lead the pub-
Victoria,
B. C , reported to have given
correct, and the impression to the contrary lic to believe that they are buying my novel
conditional bills of sale for $622 and $500.
has arisen from confusing two things which
are perfectly distinct—viz. : Copyright and
trade-mark^
Send for prices on
Copyright—/, c., in published w o r k s - i s
our latest New
A
Resonant
Style B
now entirely regulated by statute, the
The finest, most
author's rights over his unpublished MS. and Singing
convenient and
depending upon the common law (Prinze Quality of
best Piano in
every particular
Albert vs. Strange, 18 L. J. Rep. Chanc, Tone with
on the market.
120; Gilbert vs. The Star Newspaper Co., Perfectly
Factory and Ware
JI T. R., 4). Copyright in books is de-
Even Scale
rooms over Arcade
to Union Depot,
fined by section 2 of the Copyright Amend-
543 to 549
ment Act of 1842 (5 and 6 Viet., chap. 45), is Found Only
as "the sole and exclusive liberty of print- in the Old
BROADWAY
ing or otherwise multiplying copies;" and Reliable
"book" "means and includes every vol-
ume, part or division of a volume, pam-
phlet, sheet of letterpress, map, chart, or
plan separately published." There is noth-
ing referring to such a thing' as the title of
a book, the only words at all capable of in-
cluding it being "sheets of letterpress," or
"part of a volume." In Maxwell vs.
Hogg, 36 L. J. Rep. Chanc, 433; L. R., 2 Dealers desiring instruments Carefully Constructed, Elegant in
Chanc, 387, Lord Cairns said: "There
Appearance, possessing a Superior Tone Quality, for a
cannot be what is termed copyright in a
single word, although the word should be
Moderate Price, should communicate with
used as a fitting title for a book. The
copyright contemplated by the act must be
not in a single word, but in some words in
the shape of a volume or part of a vol-
ume."
. . . But no case can be found,
!
Trade-marks Hold
OARDMAN
£&G RAY*
PIANOS
ESTABLISHED—IN—1837
CONNOR PIANOS.
FRANCIS CONNOR, - Manufacturer,
134th Street and Trinity Avenue, Southern Boulevard,
USTIEW
MERRILL PIANOS
118 BOYLSTON ST.
Seaverns Piano Action Co
ESTABLISHED 1851.
TOBK.
ZBOSTOUST.
MANUFACTURERS OF
FINE PIANO ACTIONS,
Nos.
113-125 BROADWAY,
(JAMBKIDUEPOKT, MASS.