Brief for the United States (1914)

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PAKT III. Slicriii.-iii l;iw is ;i liiiiil;it ion <»!' lii^lils riLilils wliicli iii;iy hr jmslicd t(» csil (•<^ll^(' (jiiciKM'S and 1 li<'i'( I'ni'c I'csl iMiiK'd. " So, in the |)i-('S('nt case, it can iwd he siicccsst'ully conlcndcd that tlic ni()nnj)(»|y of a (*()])y]'iu'hl is in this respect any in<u'e e\te!isi\'e than that secnred niKh'i the patent law. No nioi'e than the patent statnte was the ('()])yriuht act intended to anthorize ai;reenients in unh-iwrnl restraint of tra(U' and tendinis; to nioi'opoly, i)i \ ioL-ition (d' tlie sj)ecific terms of the Sherman hiw, winch is broadly designed to reach aJl com))inations in nidawfnl I'estraint of trade and tendinc^, beeanse of tlie agrecanents or combinations entered into, to bnild np and perpetuate ' monopolies. From the statement of the court (p. 235) it appears that the regulations and terms of sale adopted by the defendants in the Straus case were the same as those employed by the defendants in the case at bar. The Publishers' Association was composed of about 75 per cent of the publishers of copyrighted books in the United States and the Booksellers' Association included a majority of the booksellers through the United States. The associations adopted resolutions and made agreements obligating their members to sell copyrighted books only to those who wx)uld maintain the retail price on copyrighted books, and, to that end, the associations combined and cooperated with the effect that competition in copyrighted books at retail was