Carte v. Duff, New York (1885)

Source: The University of Texas Tarlton Law Library Stack 216-217: Carte v. Duff, 25 F. 183 (C.C.S.D.N.Y. 1885).

Carte v. Duff, New York (1885), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer,

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Full title:
Carte v. Duff, (The Mikado case) 25 F. 183 (C.C.S.D.N.Y. 1885)

Full title original language:

A court decision that rejected a claim that public performance of a musical work constituted copyright infringement. The decision reflected the traditional approach that limited copyright infringement to reproduction in print.

Commentary: No commentaries for this record.

  • Sanjek, Russell. American Popular Music and Its Business: The First Four Hundred Years. Vol. 2. New York: Oxford University Press, 1988.

  • Rosen, Zvi. 'The Twilight of the Opera Pirates: A Prehistory of the Exclusive Right of Public Performance for Musical Compositions.' 24 Cardozo Arts & Ent. L.J. 1157 (2007).

  • Carroll, Michael. 'The Struggle for Music Copyright.' 57 Fla. L. Rev. 907 (2005).

Related documents in this database:
1856: Copyright Act Amendment

Author: N/A

Publisher: N/A

Year: 1885

Location: New York

Language: English

Source: The University of Texas Tarlton Law Library Stack 216-217: Carte v. Duff, 25 F. 183 (C.C.S.D.N.Y. 1885).

Persons referred to:
Blatchford, Samuel
Browne, Causten
Carte, Richard D'Oyly
Choate, Joseph Hodges
Dittenhoefer, Abram Jesse
Drone, Eaton Sylvester
Duff, James C.
Gilbert, Sir William Schwenck
Sullivan, Sir Arthur Seymour
Tracy, George Lowell
Wallace, William James

Places referred to:
Great Britain
New York

Cases referred to:
Boosey v. Fairlie (1877), 7 Ch. Div. 307, S.C. 4 App. Cas. 711
Carte v. Duff (The Mikado Case), 25 F. 183, 23 Blatchf. 347 (C.C.N.Y. 1885)
Daly v. Palmer, 6 F. Cas. 1132 (C.C.S.D.N.Y. 1868)
Keene v. Kimball (1860), 16 Gray 546
Planché v. Braham (1837), 8 Car. & P. 68
Reade v. Conquest (1861) 9 CB (NS) 755
Tinsley v. Lacy (1863), 1 Hem. & M. 747

Institutions referred to:
Library of Congress
New York District Court
Standard Theatre, New York
U.S. Congress

Dramatic Literary Property Act, 1833, 3 & 4 Will.IV, c.15
U.S. Copyright Amendment Act 1856, 11 Stat. 138

attribute, obligation to
dramatico-musical works, protected subject matter
fair use
music, protected subject matter
public performance

Responsible editor: Oren Bracha

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