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Washingtonian Pub. Co. v. Pearson, 306 U.S. 30 (1939)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Washingtonian Pub. Co. v. Pearson, 306 U.S. 30 (1939)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 306 U.S. 19, click here.
Washingtonian Publishing Co. v. Pearson No. 222 Argued December 6, 1938 Decided January 30, 1939 306 U.S. 30
CERTIORARI TO THE COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA
Syllabus
1. Section 12 of the Copyright Act of 1909 provides that, after copyright has been secured by publication with the prescribed notice of copyright, two copies of the copyrighted work shall be "promptly" deposited in the copyright office, and that no suit for infringement shall be maintained "until" the provisions of the Act with respect to the deposit of copies and registration of such work shall have been complied with.
Held: that the right to sue under the Act for infringement is not lost by mere delay in depositing copies of the copyrighted work. P. 39.
2. Fourteen months after the date of its publication and six months after it had been infringed, copies of a publication which bore notice of copyright were deposited in the copyright office and a certificate of registration secured.
Held: a suit to enjoin the infringement and to recover damages (from the date of publication of the infringing work) was maintainable under the Copyright Act of 1909. Pp. 33, 39.
3. The Copyright Act of 1909 was intended definitely to grant valuable, enforceable rights to authors, publishers, etc., without burdensome requirements. Forfeitures of such rights are not to be inferred from doubtful language. Pp. 36, 42.
68 App.D.C. 373, 98 F.2d 245, reversed.
Certiorari, 305 U.S. 583, to review the reversal of a decree for the plaintiff in a suit for infringement of a copyright.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Washingtonian Pub. Co. v. Pearson, 306 U.S. 30 (1939) in 306 U.S. 30 306 U.S. 31. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=FR2R7VYWUGMT77D.
MLA: U.S. Supreme Court. "Syllabus." Washingtonian Pub. Co. v. Pearson, 306 U.S. 30 (1939), in 306 U.S. 30, page 306 U.S. 31. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=FR2R7VYWUGMT77D.
Harvard: U.S. Supreme Court, 'Syllabus' in Washingtonian Pub. Co. v. Pearson, 306 U.S. 30 (1939). cited in 1939, 306 U.S. 30, pp.306 U.S. 31. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=FR2R7VYWUGMT77D.
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