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A Treatise Upon the Law of Copyright

by E. J. MacGillivray

54 of 108 · Contents · Download EPUB

Section IV Immoral Works

A work containing immoral matter will not receive the protection of the Courts.1434 A song containing the verse, “She’s the hottest thing you ever seen,” was not protected.1435 The introduction of obscene, profane, or libellous matter into a literary or artistic work does not render it publici juris; the copyright remains, but the Court will not entertain any action upon it. Thus in Broder v. Zeno1436 the Court said that their decision to refuse protection would not prevent the complainants from republishing their song, and by omitting the objectionable word thus secure a valid copyright. If an action is brought for the piracy of immoral matter it will be dismissed without costs to either party. The fact that a work such as playing cards may, and probably will, be used for an unlawful purpose, does not disentitle it to protection.1437 A guide to the turf has been protected,1438 so has a list of records and trotters and pacers.1439

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