Page:Federal Reporter, 1st Series, Volume 2.djvu/224

 EOSENBACH ». DEETF^Sa. 2l7 �BosBNBAOH V. DfiEïfuss and others. �(District Court, 8. D. New York. April 28, 1880.) �Copyright— GiviNG False Notice of.— Section 4963, Revised Statutes, imposing a penalty for impressing a notice of copyright upon boolcs etc., for which no copyright has been obtained, ig only applicable where such notice is so impressed orinserted in an article copyrightable under section 4352, Revised Statutes. �Bame— SuBJECT OF— Pattern Pbints op Balloons. — Prints of balloons and hanging baskets, with printing on them for embroidery and cutting linea, showing how the paper may be eut and jolned to make the dif- ferent parts fit together, and not intended as a mere pictoral representa- tion of something, are not copyriglitable. �Same — Pleadjng — CoMPLAiNT. — Where an article mentioned in the com- plaint for falsely using a notice of copyright may or may not be within he statute, it should be averred to be within it. It miist appear that refendant is liable if the complaint ia true, not merely that he may be. �J. A. Koons, for defendant. �Chittenden e Fiero, for plaintiff. �Choatb, D. J. Four actions between these parties have been consolidated, and the plaintiff bas served amended com- plaints, stating separately the causes of action originally set forth in the several complaints. The suits were ail for penalties under Eev. St. § 4963, which is as foUows : "Every person "who shall insert or impress such notice, or words of the same purport, in or upon any book, map, chart, musical composition, print, eut, engraving, or photograph, or other article for which he bas not obtained a copyright, shall be liable to a penalty of $100, recoverable, one-half for the person who shall stie for such penalty, and one-half to the use of the United States." �The notice referred to is the foUowing: "Entered accord- �ing to aet of congress in the year, by A. B., in the �office of the librarianof congress, at Washington." �In the first complaint the plaintiff alleges "that on the first day of November, 1878, and at divers times between said day and the commencement of this action, the said defendants, contrary to the statute in such case made and provided, (Rev. St. title 9, c. 3,) did impress and cause to be ����