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1 Rights of Dramatic Authors at Common Law 1871

handle is hein.trials/acjt0001 and id is 1 raw text is: THE RIGHTS OF AUTHORS AT COMMON LAW.
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INTRODUCTION.
THE following opinion of Mr. Justice MONELL, of the
Superior Court of the City of New York, rendered in a
case arising upon the law of literary property, discusses
and decides the questions involved with so much ability;
and those questions are in themselves so important and
interesting that no apology can be necessary for presenting
it to the public and to the legal profession in this form.
The case itself raised all the questions involved in the
law of literary property ; and the decision of the court in
favor of the plaintiff has established, either directly or by
necessary implication, the following principles:
First. That the right of an author or his legal repre-
sentatives to the exclusive use and enjoyment of an unpub-
lished literary work isperpetual.
Second. That this right can only be destroyed or lost by
the assent or other intentional dedicatory act of the author
or his legal representatives.
Third. That this right is property, and as such is capa-
ble of assignment, either in whole or in part, and that an
assignee, even for a limited period or place, will be subro-
gated to such rights and protected.
Fourth. That the alienage of such author is no bar to
such rights at common law, and will not abridge the
remedy of either himself or his assignee for a violation of
those rights.

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