>>  93


Copyrighted  articles  cannot  be  copied  merely  be-
cause they  are  bound  with  uncopyrighted  matter.'**

The  rules  laid  down  with  respect  to  copying  apply
equally  to  cases  of  copyright  in  literary,  artistic
or  dramatic  or  musical  works.®^

Mere  mimicry  is  not  infringement,  as  there  can
be  no  copyright  in  the  voice,  manner  or  gestures  of
a  performer  ®*  and  this  has  been  held  to  be  true  even
though  an  insignificant  part  of  a  copyrighted  song
is  sung,  in  good  faith,  in  connection  with  such  mim-
icry.®'' But  if  in  the  course  of  such  mimicry,
copyrighted  material  is  used,  such  as  the  substantial
part  of  a  song,  such  use  is  none  the  less  infringe-
ment®® because  used  in  connection  with  a  lawful
purpose.  So  mere  stage  business  or  properties,  or
the  plan  of  an  entertainment®®  cannot  be  protected
by  copyright,  and  hence,  their  imitation  is  not
infringement.^  Nor  can  there  be  copyright  in
characters  in  a  work  so  as  to  prevent  others  from
using  the  same  characters,  under  the  same  names
but  in  different  situations.^

In  a  leading  case,®  the  great  scene  of  the  play
depicted  an  individual  fastened  to  a  railroad  track,
an  approaching  train,  and  a  rescue  by  a  third  person


93— Cf.  Lawrence  v.  Dana,  4  Cliff.  84.
94— Black  v.  Henry  G.  Allen  Co.,  9  L.  E.  A.  433,  42  F.  618.
95 — Guichard  v.  Mori,  2  Coop.  Ch.  E.  216.
96 — Savage  v.  Hoffman,  159  F.  584;  Bloom  &  Hamlin  v.  Niion,
125  F.  977.
97 — Bloom  &  Hamlin  v.  Nixon,  125  F.  977 ;  Greene  v.  Minzesheimer,
177  F.  286.
98— Green  v.  Lnby,  177  F.  287.
99— Barnes  v.  Miner,  122  F.  480.
1 — Serrana  v.  Jefferson,  33  F.  347;  Daly  v.  Webster,  56  F.  483
(semble).
