Du Puy v. Post Telegram Co.
| Decision Date | 31 January 1914 |
| Docket Number | 1765. |
| Parties | DU PUY v. POST TELEGRAM CO. |
| Court | U.S. Court of Appeals — Third Circuit |
Vroom Dickinson & Scammell, of Trenton, N.J., for Du Puy.
Ott & Carr, of Camden, N.J., for Post Telegram Company.
Before GRAY, BUFFINGTON, and McPHERSON, Circuit Judges.
In the court below William A. Du Puy, the plaintiff, brought suit against the Post Telegram Company to recover a penalty of one dollar for each of 5,000 copies of its newspaper, issued May 14th, which publication plaintiff alleged violated his copyright. At the termination of the proofs the court below directed a verdict for the defendant. Thereupon plaintiff sued out this writ, assigning for error such action by the court below. In the view we take of the case we find it necessary neither to detail nor discuss the proofs, which tended to show that the plaintiff had himself sent and offered for sale his article to the New York Times and 16 other newspapers prior to obtaining a copyright therefor that he had so sold to the New York Times a copy thereof which it was alleged was not marked copyrighted, or, if marked copyrighted, was not then copyrighted and was so marked in violation of section 29 of the Copyright Law, which provides that:
'Any person who shall knowingly issue or sell any article bearing a notice of United States copyright which has not been copyrighted * * * shall be liable to a fine of one hundred dollars.'
Passing by these questions, the further proofs tended to show that the United States Bureau of Education in March, 1912, issued its official bulletin No. 8, whole No. 476, entitled:
This bulletin was prepared by Mrs. Andrews at the request of the Bureau. It contained a Peace Day program suggested for use in the schools, a special article on the significance of the 18th of May as the culmination of many recited events in the history of the peace and arbitration movements, and a summary of things that could be done by government by using the army and navy budget for such purposes. All these and numerous other features of this bulletin, in several instances in the exact wording of the bulletin, appeared in an article in the issue of May 14, 1912, of the Post Telegram, the defendant, a newspaper published...
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Greenbie v. Noble
...of the public at large may not be privately appropriated and "taken from that public under the guise of copyright." DuPuy v. Post Telegram Co., 3 Cir., 1914, 210 F. 883, 885. There is no copyright of facts, news or history. Oxford Book Co., Inc. v. College Entrance Book Co., 2 Cir., 1938, 9......
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...employees as part of their official duties or intended as statements of government policy. Nor is the case of DuPuy v. Post Telegram Co., 210 F. 883 (3d Cir. 1914), dispositive. While the Third Circuit held that no copyright could be had in a work (1) commissioned by the Government and (2) ......
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