Where a question is doubtful, a decision on a motion for an injunction may be suspended and an issue sent to be tried at law. Jollie v. Jaques, 1 Blatch. 618.

The doubt which will justify a refusal to grant a preliminary injunction must be a serious doubt remaining after a faithful investigation of the law and the facts. Little v. Gould, 2 Blatch. 165.

If there is nothing to identify or distinguish the parts in which the complainant claims a copyright, and the defendant's affidavits deny the equities of the bill, a preliminary injunction will not be granted. Flint v. Jones, 1 W. N. 334.

If there are doubts in regard to the infringement of a copyright, the defendant may be allowed to give bond instead of awarding a preliminary injunction. Hubbard v. Thompson, 14 Fed. Rep. 689.

Whether the doubt arises upon a question of fact or upon a question of law is unimportant, for if there is a doubt a preliminary injunction will be refused. Scribner v. Stoddard, 19 A. L. Reg. 433.

If the benefit to the complainant would be small and the loss to the defendant serious, a preliminary injunction will not be granted. Scribner v. Stoddard, 19 A. L. Reg. 433.

If a reprint of a small article in an encyclopedia will not injure the sale of the former, a preliminary injunction will not be granted. Scribner v. Stoddard, 19 A. L. Reg. 433; s. c. 8 W. N. 61.

On a motion to dissolve an injunction, the complainant cannot read affidavits for the purpose of rebutting averments in the answer as to his title, but must depend upon the affidavits filed with his bill. Farmer v. Calvert Publishing Co., 1 Flippin 228; s. c. 5 A. L. T. 168.

A denial of the complainant's title on information and belief, not supported by the affidavit of any person having personal knowledge, is not sufficient to entitle the defendant to a dissolution of an injunction. Farmer v. Calvert Publishing Co., 1 Flippin 228; s. c. 5 A. L. T. 168.

Injunction.

If the alleged infringement does not prejudice the complainant, he is not entitled to an account or an injunction. Chase v. Sanborn, 6 O. G. 932; s. c. 4 Cliff. 306.

If a book infringes a copyright of another book in some parts and in other parts is no infringement, the remedy will not be extended beyond the injury. Story v. Holcombe, 4 McLean 306; Emerson v. Davies, 3 Story 768.

If the motive was not culpable and the part copied can not be separated from the rest of the work, an injunction will not be awarded. Webb v. Powers, 2 W. & M. 497.

If the complainant aided the defendant in the publication of the work without asserting any claim under his copyright, he can not restrain the sale thereof. Heine v. Appleton, 4 Blatch. 125.

A defendant may be restrained from using the name of a play in adver

tisements with the intent to lead the public to believe that the genuine play will be performed. Shook v. Wood, 32 Leg. Int. 264.

A party who is attached for contempt in violating a perpetual injunction cannot contest the validity of the copyright. Drury v. Ewing, 1

Bond 540.

Practice.

The complainant must show that he is the author of the work, or that his title is derived from one sustaining that relation to the publication. Greene v. Bishop, 1 Cliff. 186.

The burden of proof is on the complainant to establish his right to copyright as well as the infringement. Chase v. Sanborn, 6 O. G. 932; s. c. 4 Cliff. 306.

The copyright is prima facie evidence that the party is the author, and the burden of proof is on the defendant to show the contrary. Reed v. Carusi, Taney 72.

Master.

The usual course is to send the case to a master before determining the merits. Chase v. Sanborn, 6 O. G. 932; s. c. 4 Cliff. 306; Story v. Derby, 4 McLean 160.

A master is required to report conclusions, and in general it is irregular for him to incorporate the details of the evidence into his report without the direction of the court. Greene v. Bishop, 1 Cliff. 186.

Whenever it is requested by either party, a master should specify and identify the evidence, and refer to it in such a manner as to inform the court on what state of facts his conclusions are based. Greene v. Bishop, 1 Cliff. 186.

Exceptions to a master's report are written enumerations of the errors alleged by the complaining party, and of the corrections he requests to have made, and they should be so framed as not merely to allege error in general terms, but should be sufficiently definite and explicit to enable the court understandingly to decide on each point in dispute. General allegations of error without pointing to any particulars are insufficient. Greene v. Bishop, 1 Cliff. 186.

An exception which, without any suggestion or imputation of fraud or undue influence, merely alleges that the master has arrived at a wrong conclusion on the evidence, without pointing out any specific portion of the testimony to support the allegation, can not in general be regarded as sufficient to put the finding of the master in issue, or to require the court to review and revise the same in a matter of fact dependent entirely upon the weight and effect of the evidence submitted to his consideration. Greene v. Bishop, 1 Cliff. 186.

Although an exception is insufficient, yet if the court is satisfied that any error has been committed by the master in the finding referred to, it may re-commit the report in order that the error may be corrected. Greene v. Bishop, 1 Cliff. 186.

The finding of the master in a matter of fact depending on the weight and effect of the evidence will not be interfered with unless it is clearly shown that there is manifest error. Greene v. Bishop, 1 Cliff. 186.

If the exceptions to the master's report are overruled, all matters found by the master and embraced in the order of reference must be taken to be true. All other matters depend on the evidence, and must be heard.and determined by the court as in other cases on final hearing. Greene v. Bishop, 1 Cliff. 186.

SEC. 4971. Nothing in this chapter shall be construed

ale to prohibit the printing, publishing, importation, or sale 1891 of any book, map, chart, dramatic or musical composition, print, cut, engraving, or photograph, written, composed, or made by any person not a citizen of the United States nor resident therein.

Statute Revised-July 8, 1870, ch. 230,

103, 16 Stat. 215.

Prior Statutes-May 31, 1790, ch. 15, 25, 1 Stat. 125.-February 3, 1831, ch. 16, § 8, 4 Stat. 438.

The word "print" in this section embraces chromos. Yuengling v. Schile, 12 Fed. Rep. 97; s. c. 20 Blatch. 452.

The word "print" in this section embraces lithographs. Yuengling v. Schile, 12 Fed. Rep. 97; s. c. 20 Blatch. 452.

FROM THE REVISED STATUTES OF THE UNITED STATES, IN FORCE DECEMBER 1, 1873, AS AMENDED BY ACT OF JUNE 18, 1874, AUGUST 1, 1882, MARCH 3, 1891, AND MARCH 2, 1895.

SECTION 4948. All records and other things relating to copyrights and required by law to be preserved, shall be under the control of the Librarian of Congress, and kept and preserved in the Library of Congress; and the Librarian of Congress shall have the immediate care and supervision thereof, and, under the supervision of the Joint Committee of Congress on the Library, shall perform all acts and duties required by law touching copyrights.

SEC. 4949. The seal provided for the office of the Librarian of Congress shall be the seal thereof, and by it all records and papers issued from the office, and to be used in evidence shall be authenticated.

SEC. 4950. The Librarian of Congress shall give a bond, with sureties, to the Treasurer of the United States, in the sum of five thousand dollars, with the condition that he will render to the proper officers of the Treasury a true account of all moneys received by virtue of his office.

feale

1891

2

SEC. 4951. The Librarian of Congress shall make an annual report to Congress of the number and description of copyright publications for which entries have been made during the year.

SEC. 4952. The author, inventor, designer, or proprietor of any book, map, chart, dramatic or musical composition, engraving, cut, print, or photograph or negative thereof, or of a painting, drawing, chromo, statuary, and of models or designs intended to be perfected as works of the fine arts, and the executors, administrators, or assigns of any such person, shall, upon complying with the provisions of this chapter, have the sole liberty of printing, reprinting, publishing, completing, copying, executing, finishing, and vending the same; and, in the case of a dramatic composition, of publicly performing or representing it, or causing it to be performed or represented by others. And authors or their assigns shall have exclusive right to dramatize or translate any of their works, for which copyright shall have been obtained under the laws of the United States.

SEC. 4953. Copyrights shall be granted for the term of twentyeight years from the time of recording the title thereof, in the manner hereinafter directed.

SEC. 4954. The author, inventor, or designer, if he be still living, or his widow or children, if he be dead, shall have the same exclusive right continued for the further term of fourteen years, upon recording the title of the work or description of the article so secured a second time, and complying with all other regulations in regard to original copyrights, within six months before the expiration of the first term. And such person shall, within two months from the date of said renewal, cause a copy of the record thereof to be published in one or more newspapers, printed in the United States, for the space of four weeks.

SEC. 4955. Copyrights shall be assignable in law by any instrument of writing, and such assignment shall be recorded in the office of the Librarian of Congress within sixty days after its execution; in default of which it shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice.

SEC. 4956. No person shall be entitled to a copyright unless he shall, on or before the day of publication, in this or any foreign country, deliver at the office of the Librarian of Congress, or deposit in the mail within the United States, addressed to the Librarian of Congress, at Washington, District of Columbia, a printed copy of the title of the book, map, chart, dramatic or musical composition, engraving, cut, print, photograph, or