13 — Walter  v.  Howe,  17  Ch.  D.  708  (overruling  Cox  v.  Land  &
Water  Co.,  L.  B.  9  Eq.  324).
206


LAW  OF  COPYEIGHT


Compilations  of  common  materials,"  if  put
into  tlie  form  of  a  book ;  "

Illustrations  in  a  book,  ^'  even  where  there  is

practically  nothing  else  in  it,"  or  where  the

illustrations  were  on  a  single  sheet,  and  even

if  not  physically  attached  to  the  book,  if  part

of  it.^»
§540  .       „  „

General  From  an  examination  of  the  foregoing  lists  of

Vthrnatoe  works  held  subject  to  copyright  under  far  less  inelu-
abirbookt*"  sive  statutes  that  the  present  one,  it  will  be  noted
that  cases  questioning  the  copyrightability  of  given
media,  sufficiently  doubtful  to  be  considered  by  the
Courts,  have  largely  involved  questions  of  fact.
There  are  no  decisions  holding  that  novels,  dramas,
poems,  nor  works  of  science,  philosophy,  or  history,
are  subject  to  copyright  as  no  one  has  ever  ques-
tioned, where  there  could  be  no  question.  Works
that  are  original  in  subject  matter  and  treatment,
have  presented  no  difficulties  calling  for  judicial
ruling,  in  so  far  as  the  questions  here  under  discus-
sion are  involved.  The  works  which  consist  of
unoriginal  subject  matter,  and  whose  claim  to  copy-
right is  based  upon  the  mental  labor  involved  in
the  combination  of  selected  information,  have  pre-
sented many  nice  questions  of  fact,  for  consideration.
Their  results  have  also  been  fruitful  of  misunder-
standing. Thus,  it  is  a  subject  for  legitimate
astonishment  to  note  Lord  Halsbury,  as  deeming  the
author  of  a  directory  to  be  the  canvasser,  "who
writes  down  the  names  and  addresses  of  the  persons


14 — Longman  v.  Winchester,  16  Ves.  271;  Jarrold  v.  Houlston,  3
K.  &  J.  708.
