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RELATIONSHIP OF EMPLOYER AND EMPLOYE 33
when the author s compensation is based not upon time, but upon the quantity of the work produced, as, for instance, where he is paid a specified amount per page.42
Where the relationship is one of master and servant, and the author has not expressly reserved any rights, all the literary products belong to the producer as soon as they come into existence. If the writer should surreptitiously sell the work to some third party the producer is
not deprived of such work make use of the same and in every respect.43
<2Cox v. Cox (Eng.) (1853), 1 Eq. Rep. 94; 11 Hare, 118.
43 T. B. Harms v. Stern (1915), 222 Fed. (D. C.) 581; aff’d 231 Fed. (C. C. A.) 645. Defendants agreed with one Romberg, a composer, by which he vested in them the exclusive publishing rights to his music for a term of years, and they agreed to do certain things for him. Subsequently he repudiated his contract, and plaintiffs claiming title to a song “Oh, Those Days,” composed by Romberg subsequent to his agreement with defendants, sought to enjoin defendants from publishing it.
« Judge Learned Hand held that the contract between Romberg and defendants, while not
but may, on the contrary treat it as his own property
enforcible in equity, was valid at law, and that since defendants could under that contract obtain copyright of the song, even though the song was not in existence at the time of the making of the contract, the agreement operated as an executory contract to assign the copyright; that plaintiffs having taken with notice of the agreement were not entitled to injunction.
Ward Lock & Co. v. Long (Eng.) (1906), 75 L. J. Ch. 732; 2 Ch. 550; 95 L. T. 345; 22 T. L. R. 798. It was here held that an author could assign the copyright of a book not yet in existence and such an assignment might be in the form of an agreement to assign.