A Treatise On the Law of Copyright in Books Dramatic And Musical Compositions

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Lye, 17 1G6, and the authorities there cited. Ves. 335, 342, where Lord Eldon * Spottiswood v. Clarke, 2 Phil- refers to and c(, mments on the case lips's Ch. R. 154, presents a case USURPATION OF TITLE, 295 reached through the branch of equity jurisdiction re- lating to the good-will of a trade or employment, is pernaps, in most cases, as beneficial to the interests of literature as any other form of redress. But there may be cases in which this branch of the jurisdiction would not give an ade...quate remedy. Perhaps it would be necessary, in order to make a case for in- terference on the ground of a violated trade, to show that the work brought in periodical returns ; or that the conduct of the defendant interfered with an es- tablished course of profits, regularly flowing from the publication of the plaintiff. ' But in the case of a newly published work, the profits are not ascertain- ed, and no regularity or established course of profits can be proved ; at the same time it is perfectly clear that the proprietor of the work is by law exclusively entitled to the profits, whatever they are likely to be, and on this ground a distinct branch of equity jurisdiction makes his legal right effectual.

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