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SELLING SECONDHAND COPIES
647
American Book Co.,1 which concerned itself with the defendant’s right to rebind old books in imitation of the originals, is so closely analogous that it may be said to apply.
This would indicate that the buyer of a film could restore the original title, both in text and design, and use the original advertisements in so far as no attempt was
made to mislead the public pictures to be a first issue, or right proprietor.8
or an actual transfer of the copyright.”
In re Grant Richards (Eng.) (1907), 2 K. B. 33. Where the publisher held the copyright and agreed to pay royalties it was held that the copyright passed to the trustee in bankruptcy.
7 Doan v. Am. Book Co. (1901), 105 Fed. (C. C. A.) 772. Defendant bought up second-hand copies of plaintiff’s copyrighted books, and rebound them, making up new covers for that purpose in exact imitation of the originals. Held that this was not a violation of the copyright. “The sale of them by the appellee (plaintiff) carried with it the ordinary incidents of ownership in personal property, including the right of alienation ( Harrison v. Maynard, 61 Fed. 689) and the appellants purchasing them had
into believing such motion to be exhibited by the copy
the right to resell them. . . . We think the right of repair with respect to a copyrighted book sold to the extent to which that right is here claimed, may not properly be denied. . . . What was done was merely the restoration of the books to their original condition when sold by the appellee or so nearly so as could be done ... a right of ownership in the book carries with it and includes the right to maintain the book as nearly as possible in its original condition, so far, at least, as the cover and binding of the book is concerned.”
See also: Dodd v. Smith (1891), 144 Pa. St. 340; 22 Atl. 710; Harrison v. Maynard Merrill (fe Co. (1894), 61 Fed. (C. C. A.) 689; Henry Bill Publ. Co. v. Smythe (1886), 27 Fed. (C. C.) 914.
8 Where old books were passed