DYMOW v. BOLTON

No. 269.

11 F.2d 690 (1926)

DYMOW v. BOLTON et al.

Circuit Court of Appeals, Second Circuit.

April 5, 1926.


Attorney(s) appearing for the Case

O'Brien, Malevinsky & Driscoll, of New York City (Walter C. Noyes and Francis L. Kohlman, both of New York City, of counsel), for appellants.

Samuel R. Golding, of New York City, for appellee.

Before HOUGH, MANTON, and HAND, Circuit Judges.


HOUGH, Circuit Judge (after stating the facts as above).

It has been pointed out that the protection of the statute extends to "all the copyrightable component parts of the work copyrighted," which phrase presupposes that there may be much in what is popularly called a copyrighted work as to which the statute affords no protection. Eggers v. Sun, etc., Corp. (C. C. A.) 263 F. 373.

The same case shows that infringement is not a statutory phrase, but that by...

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