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

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209 U.S.
Counsel for Parties.

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