· _ Jackson- v. wankm 15
{Monson v. Wamcm. .
n (Wand 0'ourt, LC D. Illinois. November 8, 1886.)
00PYBIGKT—NOTICE ,P1u;¤·rnn m B_oox——Musr Srmornr Comm: wrru B·1·uru·r¤
, —Ac1· OF Conennss, Jenn 18, 1874, § 1.
The only notice of copyrght given in a printed book was the following,
printed upon the page 1.mmB iate y folIow1x§ the title-page: “Entere_d accor ·
ing to act of congress, 1n the year 1878, by . A: Jackson. ” HcZd,_on demur·
_rer, that the notice was not such a notice as 1s·requ1red by United States
statute, (18 U.‘S: Bt. at Large, 78,) and did not entitle the proprietor to main-
, tain an action for infringement of copyright. ·
In Equity. Bill alleging infringement of copyright, and praying
for injunction and accounting. i . V
. H. Harrison, for complainant. _
. Dyaenforth cc Dyaenfcrth, for defendant. _`
Bnoncnrr, J. The bill in this case alleges that complainant is the
author and proprietor of a certain book, entitled "Franco-Prussian
Mode," and that the same has been duly copyrighted in this country
by compliance with the acts of congress, and charges that the defend-
-ant, incviolation of his rights as such author and proprietor, has in-
fringed said copyright by the publication of the same matter contained
-in complainants work, for which infringement complainant seeks an
injunction and accounting. Defendant demurs to the bill upon. the
ground that it failsto show that complainant has obtained a valid
copyrighttupon said work.. . » V .
~ The book in question is referred to in the bill, and made a part
thereof, from which it appears that the only notice of the copyright
given in the book itself is by printing, upon the page immediately
following the title-page, the following words: “Entered according to
act of congress, in the year 1878, by H. A. Jackson;" and the only
question made by thedemurrer is whether this shows a sufficient no-
tice to entitle the complainant to maintain an action for the infringe- ‘ `
ment, of hisalleged copyright. — _ ~ y g
» Section 1 of theact of J une 18, 1874, (18 U. S. St. at Large, 78,)
is as follows: ‘ ·
t "No person shall maintain an action for the infringement of his copyright
unless he shallgive notice thereof, by inserting in the several copies of every
edition published, on the title-page. or the page immediately following, if it
be a book., F 9* * the following words, viz.: ·Entered according to act
of congress, in the year ————, by A. B., in the otlice of the librarian oficon-
“gress, at Washington,' or, at his option, the word .• Gopyrightf together with
the year the copyright {was entered, and the name of the party by-whom it
was taken out, thus: •Copyright, 18-, by A. B."' ` ‘ .
It will be seen that the complainant has not adopted either of the
jbrmulw for his notice prescribed by the act of congress. He has used
a portion of the nrst formula, but has omitted the words, "iu the