Page:United States Reports, Volume 209.djvu/46



musical composition is a rational collocation of sounds apart from concepts, reduced to a tangible expression from which the collocation can be reproduced either with or without continuous human intervention. On principle anything that mechanically reproduces that collocation of sounds ought to be held a copy, or if the statute is too narrow ought to be made so by a further act, except so far as some extraneous consideration of policy may oppose. What license may be implied from a sale of the copyrighted article is a different and harder question, but I leave it untouched, as license is not relied upon as a ground for the judgment of the court.

DUN v. LUMBERMEN'S CREDIT ASSOCIATION. APPEAL FROM THE CIRCUIT (OURT OF APPEALS FOR THE SEVENTH CIRCUIT. No. 1. Aued Jan may 1, l8.--Dded Fstem 4.198. l&%e of fact in a suit in equit made by both the Ccuit Court and tt Circuit Court of Appea will not be reversed by this court unless shown to be clea.dy em"oaco,. Where tim lower courts have both found tlmt the proportion of copyrighted matter issued in a later publication, in this ce a trade rating journal, is 'mignificant compared with the volume of independently aluired in- formation, an injunction should be reftmeal and the owner of the copy- right emittd to  court of Iw to cover the clamages actually sinech 144 Fd. Rp. S3, sFmed. TI facts are stated in the opinion. Mr. John 0'Coanor and Mr. Char/ K. 0d, with whom Mr. Thoma M. Hoy and Mr. Hen q. 'owle were on the brief, for appel]sfs. Mr. Fred H. Alwood and Mr. Char/ 0. Louc, with whom Mr. Frar/c B. Pease was on the brief, for appelleea

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