Mifflin v. White

This was a bill in equity by the firm of Houghton, Mifflin, & Co., as assignees of the late Oliver Wendell Holmes, against the R. H. White Company, for a violation of the copyright upon the Professor at the Breakfast Table. The work was published serially during the year 1859, in the Atlantic Monthly Magazine, at first by Phillips, Sampson, & Co., and later by the firm of Ticknor & Fields. The first ten parts were published from January to October, 1859, by Phillips, Sampson, & Co. without copyright protection. The remaining two numbers for the months of November and December, 1859, were entered for copyright by Ticknor & Fields, whose copyright purported to cover the entire magazine. After its publication cerically had been completed, Dr. Holmes published the entire work in one volume, containing a proper notice of copyright.

Upon this state of facts the circuit court dismissed the bill (107 Fed. 708), and, upon appeal to the circuit court of appeals, that court affirmed the decree. 50 C. C. A. 661, 112 Fed. 1004.

Messrs. appellants.

Mr. Andrew Gilhooly for appellee.

Mr. Justice Brown delivered the opinion of the court: