§438a


publication  of  works,  as  his  works,  was  sustained,
where  the  copies  were  garbled  and  partial,  although
he  had  parted  with  copyright  in  the  works,  but  such
relief  was  refused  the  proprietors  of  the  common
law  copyright  in  the  works,  for  lack  of  jurisdiction.*
The  grounds  advanced  to  sustain  the  first  mentioned
decision^  are  stated  as  the  prevention  of  a  fraud
upon  the  public,  etc.  Similar  protection  was  given
an  author  to  prevent  the  use  of  his  name,  by  a  person
not  in  privity  of  contract  with  him,  by  affixing  it  as
author  to  a  collection  of  uncopyrighted  stories,
partly  written  by  him,  and  partly  not.^  The  English
cases  hold  that  though  an  author  has  parted  with
his  copyright,  the  purchaser  may  not  change  the
work  in  such  a  manner  that  the  author's  reputation
will  be  injured,  without  becoming  liable  to  the  author
for  damages,"  but  not  to  injunctive  relief.''  Where
a  work  has  become  publici  juris,  it  has  been  held  a
third  persoai  in  republishing  it,  may  do  so,  not  only
by  including  the  author's  name,  as  part  of  it,  but
also  the  pen  name  under  which  he  produced  it.*

A  proprietor,  then,  need  be  neither  the  author  nor
inventor  of  the  work,  but  only  the  legal  assignee  of
the  author  or  inventor  can  be  the  proprietor  of  the
work.^

It  has  been  said  that  if  the  rights  of  the  proprietor
of  a  common  law  copyright  are  violated,  he  is  entitled
to  the  same  remedies  to  which  the  owner  of  other
personal  property  may  resort  for  redress.^"

The  remedies  available  to  protect  a  common  law
copyright  were  enumerated  by  Cozens-Hardy,  M.
4— Pott  V.  Althemus,  60  F.  339.
5— Harte  v.  DeWitt,  1  Cent.  L.  J.  360.
