Tabberone is pronounced tab ber won
not tay ber own
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Tabberone is pronounced tab ber won |
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| This information is taken directly from the court opinion. It is not taken out of context nor is it altered. |
| From Burke & Van Heusen v Arrow Drug, 233 F.Supp. 881 ( E.D. PA 1964) |
| The landmark case in this area is Harrison v. Maynard, Merrill & Co., 61 F. 689 (2d Cir. 1894). There unbound leaves of books were damaged by fire in the bindery to which the copyright owner had sent them. The bindery sold them as debris and the purchaser resold them as waste paper with a contractual provision that they be sold thereafter as paper stock only. They were later acquired by Harrison, a dealer in second hand books, who had them newly bound and sold them as books. It was held that since the copyright proprietor had transferred title to the copies of the copyrighted work, he could not by virtue of the copyright statutes restrain the sale of the copies, but was limited to his [page 883] remedies for breach of contract. The Court said: "[T]he right to restrain the sale of a particular copy of the book by virtue of the copyright statutes has gone when the owner of the copyright and of that copy * * * has conferred an absolute title to the copy upon a purchaser, although with an agreement for a restricted use. The exclusive right to vend the particular copy no longer remains in the owner of the copyright by the copyright statutes. The new purchaser cannot reprint the copy. He cannot print or publish a new edition of the book; but, the copy having been absolutely sold to him, the ordinary incidents of ownership in personal property, among which is the right of alienation, attach to it. If he has agreed that he will not sell it for certain purposes or to certain persons, and violates his agreement, and sells to an innocent purchaser, he can be punished for a violation of his agreement; but neither is guilty, under the copyright statutes, of an infringement." (p. 691). |
