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CHAMBERLIN v. URIS SALES CORPORATION

No. 342.

150 F.2d 512 (1945)

CHAMBERLIN v. URIS SALES CORPORATION.

Circuit Court of Appeals, Second Circuit.

June 12, 1945.

Attorney(s) appearing for the Case

Clarence G. Campbell, of New York City, for plaintiff.

Bettigole & Port, of New York City (Vahan H. Kalenderian, of New York City, of counsel), for defendant.

Before SWAN, CHASE, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. The first question with which we must deal is that of the validity of the copyright. Our starting point must be the Constitution. For, as the constitutional power to enact the Copyright Act, 17 U.S. C.A. § 1 et seq., derives from Article 1, § 8, that Act would be void if it went beyond granting monopolies (or exclusive franchises) to authors whose works "promote the progress of science and...

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