Page:Federal Reporter, 1st Series, Volume 2.djvu/226

 EOSENBACH V. DRBYFUSS. 219 �The point is taken, in support of the detaurrers, that the statute applies only in case of impressing the prohibited word,s on articles that are the proper subjeot of copyright, or copy- rightable articles, and that it does not appear on the com- plaint that the articles described therein as "prints of bal- loons," and "prints of hanging baskets," are copyrightable ; that, on the contrary, it does appear on the complaint that they are not copyrightable. As to this point, I think the statute is to be construed as imposing the penalty only in case of copyrightable articles. It is to be construed in connection with the other sections relating to the same subject-matter. �Section 4952 deûnes what may be copyrighted : "Any book, map, chart, dramatio or musical composition, engraving, eut, print, or photograph or negative thereof, or of a painting, drawing, chromo, statue, statuary," and "models or designs intended to be perfected as works of the fine arts." Section 4954 imposes, as a condition of the renewal, the recording of the "title of the work or description of the article" within a certain time. Section 4956 requires the delivery to the libra- rian of congress of a printed copy of the title of the "book or other article," or a description of the "painting, drawing, chromo, statue, statuary, or a model or design for a work of the fine arts," and a delivery of two copies of such "book or other article," or in case of a "painting, drawing, statue, statuary, model or design for a work of the fine arts, " a pho- tograph. Section 4957 requires the librarian to record the name of such "copyright book or other article." Section 4958 prescribes his feefor recording the title or description of any "copyright book or article." Section 4959 requires tht, proprietorof every "copyright book or other ar^icfe" todelivei at Washington two complete copies of the best edition. Sec- tion 4961 requires the postmaster to give a receipt for such "copyright book, title or other article." Section 4962, which is directly referred to in section 4963 in the words "such notice," meaning the notice set forth in section 4962, pro- vides "that no person shall maintain an action for the in- fringement of his copyright unless he shall give notice thereof by inserting in the several copies of every edition ����