Page:Federal Reporter, 1st Series, Volume 2.djvu/229

 223 FEDERAL REPORTER. �different parts of the balloon is marked out with Unes showing how the paper is to be eut to make the different parts fit together, so as to construct of them a balloon, and with other marks indicating where and how they may be embroidered. This seems to be the fait meaning of the words, and I think I do no injustice to the plaintiff in assuming it to be the meaning, since his counsel have assumed it, and attempted to show, as matter of law, that such an article is subject to copy- right, either as a "print, " or as a "modal or design intended to be perfected as a work of the fine arts." I think, how- ever, it does not corne within the statute under either of these specifications. �As to "prints," in addition to what has already been said, it is only necessary to refer to the statute of June 18, 1874, (18 Stat. 78,) which is to be treated as a statute subsequent in time to the Eevised Statutes. �The first section re-enacts, with Bome amendment, Eev. St. § 4962. The third section provides "that in the construc- tion of this act the words 'engraving,' 'eut,' and 'print,* shall be applied only to pictorial illustrations, or works con- nected with the fine arts; and no prints or labels designed to be used for any other articles of manufacture shall be entered under the copyright law, but may be registered in the patent ofQce." Section 4 repeals "ail laws and parts of laws inconsist- ent with the foregoing provisions." It seems to be entirely clear that these printed balloons, intended to be eut apart and manufaetured into balloons, cannot be considered "pictorial illustrations, or worka connected with the fine arts, " within the meaning of this act, although they may be "prints or labels designed to be nsed for another article of manufac- ture," which are patentable under Eev. St. § 4939. Nor are they "models or designs intended to be perfected as works of the fine arts," within section 4952. �Balloons and hanging baskets, with or without embroidery, are not works of the fine arts, unless the words "fine arts" are to have an extension far beyond their usual and proper cignificance. �Of such model or design, by section 4956, a photograph ����