Brief for the United States (1914)

Record Details:

Title:
Brief for the United States
Date:
1914
Publisher:
Washington, D.C. : United States. Government Printing Office. Office of the Public Printer
Volume:
Brief for the United States
Leaf #:
000102
Language:
English
Collection:
Government & Law and Books
Format:
Books
Contributor:
Media History Digital Library
Sponsor:
{"Media History Digital Library","Richard Koszarski",Domitor}
Coordinator:
Media History Digital Library
Description:
Date Added:
June 06, 2024
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90 PART VII. similar to the attempt in the Bath Tub Trust case to control and regulate the commerce in the unpatented enamel ware, which was produced partly by the use of a patented tool. It is true that in producing a positive film a negative is necessary. But even if the negative is patented, that does not make the positive a patented article. The positive is produced from the negative by the ordinary processes of photography. ^' New articles of commerce are not patentable as new manufactures unless it appears in the given case that the production of the new article involved the exercise of invention or discovery beyond what was necessary to construct the apparatus for its manufacture or production/' (Mr. Justice Clifford in Collar Co. v. Van Dusen, 23 Wall., 530, 654, citing authorities.) A motion-picture film may be the subject of copyright. In this respect it does not differ from photographs, the copyright laws having been extended within recent years so as to protect motion-picture photographs. A combination restraining trade in copyrighted films is within the prohibitions of the Sherman Act under the decision in the Straus case (supra). 3. The negative-film patent No. 12192 has been held invalid by the courts. We request the court to read the three opinions of Judge Wallace, Judge Lacombe, and Chi(^f Jus