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 They have created a whole field of science out of this question. Your words are sharp: betrayed their knowledge and belief for a piece of the pie. . . An academic, on the contrary, goes on to stretch it out, explaining from the dawn until the sun sets. . . They build layers and layers of paragraphs, touching the sky and the Sun, wordings gathered from dozens of glossaries. . . At the end of the day you lose your consciousness. . . You kneel down and pray to them. . . You plea them and honor them and heil them. . . Not out of respect, but out of tiredness. They've written books upon books about the peace of pie you came to mention – and have proven your point: when there are ninety-nine reasons for betrayal, there is only one for one to be just.

Jerman Sit, friend, for us to warm up.

Kalander. To me it looks as though alienated hands of withdrawal and starch have brought us this meal.

Jerman.. Many future noshes of ours will be rotten and putrid; many nights to come shall be watchful; many times, walking this route, we will ask the devil to come save us, to end this suffering. We issued ourselves this meal, let us eat it up!

Kalander. I am not afraid sir, and never was. That which I voiced is clear – I do not gather with adulterates by will; I ask god to divert me from such evils. The whole village is drunk. A drunkard has no carry for my mouthings! Preach to a bastard for an hour and longer.

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Page:Everywoman's World, Volume 7, Number 7.djvu/45

JULY 1917

has lived in it for many years. The winds blow around it mournfully and the gray rain beats upon it, and the white mists come in from the Gulf to enfold it. And the moonlight falls over it and lights up the old paths where John Selwyn walked and planned, that happy, busy summer.

HE sand dunes were not far away, the sea tempests blew over them and the sea spray smote upon them, But a thick spruce grove protected the garden which the schoolmaster made for his bride. The gate of it was between two large fir trees, the hinge on one, the catch on the other.

"This gate will shut out all the world but my friends," he said to me one evening. "How she will love this garden! There shall be a white sisterhood of lilies here by the gate and over yonder we shall have a gayety of poppies, the silken ladies of the garden. My schoolgirls have set out yonder rose-bushes for her, pink for her cheek and white for her brow and red for her lips. I wonder if to-day has been kind to her."

At last the new house was finished, waiting only to be sanctified by love and joy to be a home. One dim, star-lighted twilight he took me over it. It was furnished very plainly. The men and women who loved him had sent many simple, wholesome gifts to the new house for his bride. Even blind and crippled old Aunt Margaret Kennedy had woven for her a basket of the sweet-scented grass that grows on our sand dunes. There were logs in the big fireplace ready for the lighting.

"We shall sit here," he said, "just she and I, alone with the twilight and the sweetness. But sometimes we shall let a friend come in and share it. You will be our most welcome guest, Andrew."

"Perhaps Mistress Selwyn may not want me," I said, rather churlishly, not knowing then what an added wealth of friendship Persis Gray was to bring into my life.

John Selwyn only laughed. Knowing her as I did not, he needed to waste no words refuting so silly a speech.

It was the first of July when the house was finished. The schoolmaster began to count the days like silver beads on a rosary. We saw him walking alone by the shore and in the beech wood, and said to each other kindly, "She will soon be with him now."

She was to come with mid-July, but she came not. This was not alarming. Vessels were often delayed many days and even weeks beyond their expected time. The time lagged away. The Royal William was a week—two weeks—three weeks, overdue. As slowly and subtly and remorselessly as a sea-fog stealing landward fear crept into our hearts, fear that grew deeper and deadlier as the weeks lengthened out. The time came when I could not bear to look into John Selwyn's eyes. They were so terribly like what Mercy Selwyn's must have been at the stake. He said little, even to me. He had taken me into his joy, but he could not take me into his sorrow. My soul was at that time washed empty of every wish and hope and desire save that I might see the Royal William sailing up the harbour. He taught school as a man in a dream and then hurried to the shore. One dark, streaming night, when the white waves were ravening on the black strand, they said he walked on the shore until morning. We did not torture him with expressions of sympathy; but everything else tortured him. When he saw a farfoam wreath tossing he thought of a woman's white arm flung for an appealing moment from the wave. The seaweed ribbons seemed like a woman's floating hair. Every heart in Lindsay ached for him. He never went fear the house he had made ready for his bride and the weeds grew wild and thick in the garden, where the petals of the last red rose were scattered by a September wind. Summer was over and the schoolmaster's bride had not come—never would come now.

"There is an hour in which a man might be happy all his life could he but find it. But I cannot find it, lad," he said wildly, when I met him one evening in the beech grove overlooking the sea, where he had been wont to walk and dream of her. His looks frightened me. I knew people said he was losing his mind.

"The Royal William may come yet," I said stupidly. "Ten years ago the Georgina was a month overdue, but she came at last. The Royal William is only seven weeks overdue."

"Oh, I shall see Persis again," he said, with a strange calm I liked less than his wildness. "I have only to wait very, very patiently and I shall see her coming to me from yonder shore and the garland gold of her hair mirrored in that still pond."

Suddenly he gripped my arm so savagely that I flinched.

"Boy, boy, I cannot bear it!" he whispered hoarsely. "I picture a hundred deaths for her. The ship may have caught fire. I shall go mad soon, Pray that the agony I feel may never be your portion."

E rushed away me shoreward and I did not follow him. I went home and wept, though I counted myself a man.

A great tempest ravaged the Gulf for the next three days; on the evening after it abated I went to the shore, It was clean-washed after the storm and not a wind stirred, but the surf was dashing on the sand in a splendid silver turmoil. The schoolmaster was there, gazing eastward across the tossing water; he and it were the only restless things that great stillness and peace. But presently he gave over his moody striding and leaned with folded arms against a great upstanding red rock worn smooth by long buffeting of wind and wave.

The sunken sun had sucked all the rosy light out of the great blue bowl of the sky and twilight came down over the white foam before us. Behind us people were singing in a harvest field.

I spoke to the schoolmaster, but he did not answer. I looked fearfully into his gaunt face. It was very white and set, and his great hollow eyes were gazing past me unseeingly. I knew not what they looked at, but an icy feeling crept over me and I drew a little away from my friend.

"John! John Selwyn!" I cried imploringly. Then, like a frightened child, "Waken! Waken!"

Slowly the fixed stare faded out of his eyes. Slowly he turned his head and looked at me. I have never seen anything so transfigured and glorified as John Selwyn's face at that moment.

"All is well, lad," he said. "Rejoice with me. I have seen the Royal William coming around East Point. She will be here by dawn, To-morrow night I shall sit with my bride by my own hearth fire."

Did he see it? God knows. I doubted, I was only a boy and knew not what marvels great love and great pain may compass. But I know that in the first faint gray dawn of the next day I wakened to find my father standing by my bed; and on the checks of that stern man were tears.

"Rise, Andrew," he said. "Malcolm MacNaughton has brought word that the Royal William is outside the harbour."

We lived some distance from the harbour and although I lost no time, almost every soul in Lindsay was there before me, for the tidings had spread rapidly. The schoolmaster was there, standing apart from us all, his hat drawn low over his face. He had, as I learned later, watched there all night, in a glad confidence. No one spoke to him; he had known his own bitterness and we might not intermeddle in his joy. Many women were weeping and the eyes of many men were wet. There was little talking. It seemed as though the sea had given up its dead.

T was a lovely dawn. The sky in the east was all rosy-silver and the sea beneath it dancing ripples. The grass was green and dew-wet on the cliffs. Birds do not often sing in September but one sang that morning in the wind-beaten firs near the old wharf. Over the harbour bar hung a milky mist; then the rising sun rent it apart and made a rainbow of it. And as it did so the Royal William came through it, sailing swiftly before a fair wind over a glistening pathway through the transparent air. We went mad for a little while, at the sight, and cheered wildly. Then again we kept silence as the gray, battered ship came onward up the channel and at last furied her sails in the long desired haven.

Two women came ashore, the captain's sonsy wife and one other, a tall girl wrapped in a dark cloak. We had but a brief glimpse of her ere she was folded in John Selwyn's arms and led away. I remember that we were all a little disappointed. We had looked for, I know not what, radiant beauty; but this girl, with her hair all closely hidden in her dark hood, was pale and worn. Only her eyes were very wonderful as for one instant they swept over the waiting crowd. They were sea-blue and star-like—the eyes of a woman a man might die for. They haunted my fancy as I went home, leaving the others to crowd around the crew of the Royal William, and listen to their tale of the fearful storms and accidents which had all but brought her voyage to a disastrous end.

That night, in James MacNaughton's house, John Selwyn and Persis Gray were married at early candle-lighting, and every man, woman, and child in Lindsay was there to see it. Some had been saying, through the day, that the schoolmaster's bride was not very bonny after all; but they never said it again. Flushed with her happiness, she was a sight to make an old man young. She wore a wonderful dress of rose brocade such as we had never seen in Lindsay, nor ever saw again, for Mistress Selwyn did not wear it after her marriage, going quietly clad in home-spuns like our own matrons. But that night she looked the queen, with a foam of laces on her full bosom and her heavy coils of shining, pale-gold hair pinned closely over her head. All the pain and joy of past generations had bequeathed to her a legacy of love and loyalty, and it shone in those wonderful eyes of hers and lighted her face like a rosy lamp shining through alabaster. The hardships and dangers of her long, lonely voyage were forgotten; only perfect trust and exquisite happiness breathed from her as she clasped her bridegroom's hand and took her vows upon her,

They walked to their home in the September moonlight, and Persis Selwyn's hand kindled the fire on their hearth-stone. We left them sitting before it, hand in hand, even as the schoolmaster had foreseen.

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Page:Bury J B The Cambridge Medieval History Vol 2 1913.djvu/297

568-570] words and Bonus was bidden to prepare for war. No success can have attended the Roman arms, for in a second embassy Targitius added to his former demands the payment of arrears by the Empire. Bonus was clearly incapable, argued Justin, and Tiberius was accordingly sent to arrange terms. After some military successes, it would seem, he concurred with Apsich in a proposal that land should be furnished by the Romans for Avar settlement, while sons of Avar chieftains should be pledges for the good faith of their fellow-countrymen. Tiberius went to Constantinople to urge the acceptance of these terms, but Justin was not satisfied: let Baian surrender his own sons as hostages, he retorted, and once more dispatches to the officers in command ordered vigorous and aggressive action. Tiberius returned to be defeated by the Avars, and when yet another mission reached the palace, the Emperor realised that the honour of Rome must give place to the argument of force. Peace was concluded, and the Avars retired (end of 570 ?). The course of the negotiations throws into clear relief the views and aims of Justin, while the experience thus gained by Tiberius served to mould his policy as emperor.

For the rest of the reign the East absorbed the whole energy of the State. In order to understand clearly the causes which led to the war with Persia it is necessary to return to the year 568, when Constantinople was visited by an embassy from the Turks. This people, who had only recently made their appearance in Western Asia, had some ten years before overthrown the nation of the Ephthalites and were now themselves the leading power in the vast stretch of country between China and Persia. The western Chinese kingdom was at times their tributary, at other times their ally; with a vision of the possibilities which their geographical position offered they aspired to be the intermediaries through whose hands should pass the commerce of West and East. Naturally enough they first appealed to Persia, but the counsels of a renegade Ephthalite prevailed: the Turks were, he urged, a treacherous people, it would be an evil day for Persia if she accepted their alliance. Dizabul however, Khan of the Western Turks under the suzerainty of the great Mo-kan, only relinquished the project when he discovered that the members of a second embassy had been poisoned by Persian treachery. Then it was that his counsellor Maniach advised that envoys should be sent to the Roman capital, the greatest emporium for the silk of China. It was a remarkable proposal; the emperors had often sought to open up a route to the East which would be free from Persia's interference — Justinian, for example, had with this object entered into relations with the Ethiopian court — but no great success had attended their efforts, and now it was a Turk who unfolded a scheme whereby the products of East and West should pass and repass without


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 cartilaginous fishes generally. These conceive a perfect two-coloured egg, made up, that is, of albumen and yelk, and contained in a strong quadrangular shell; from this, still retained within the uterus, the young fish is formed: it then breaks through the shell, and makes its way out. In an exactly similar manner the young viper eats through the egg-shell, sometimes whilst it remains in utero, sometimes when within the passages, at others two or three days after birth. Hence arose the fable of the young viper eating through the womb of its mother, and so avenging its father's death; it does, in fact, nothing but what the young of every animal does, breaking though the membranes which envelope it, either in the delivery itself, or a short time subsequently to that event.

We learn moreover from positive observations how much the fœtus contributes to its own birth. A woman in my own neighbourhood, and I speak as having knowledge of the circumstance, died one evening, and the body was left by itself in a room; the next morning an infant was found between the thighs of the mother, having evidently forced its way out by its own efforts. Gregorius Nymmanus has collected several instances of a similar kind from trustworthy authors.

I am further acquainted with a woman who had the whole length of the vagina so torn and injured in a difficult labour, that subsequently, after she had again become pregnant, not only did the parts in the neighbourhood of the nymphæ, but the whole cavity of the vagina as far as the orifice of the uterus, become adherent; this went to such an extent that coition became impossible, nor could a probe be passed up, nor was there any passage left for the ordinary discharges. When her labour came on her sufferings were so dreadful that all hope of delivery was abandoned. She therefore gave up the keys to her husband, arranged her affairs, and took leave of her friends who were present. On a sudden, however, by the violent efforts of the fœtus the whole space was burst through, and a vigorous infant born; thus was the fœtus the salvation both of itself and its mother, besides opening the way for subsequent children. By the exhibition of proper remedies the mother recovered her former good state of health.

The following instance is even more remarkable. A white mare of great beauty had been presented to her Serene High-


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 ness the Queen, and in order that its symmetry and usefulness might not be impaired by foal-bearing, the grooms, as is the custom, had infibulated the animal with iron rings. This mare (by what chance I know not, nor could the grooms inform me) was got with foal; and at length, when no one suspected anything of the kind, she foaled in the night, and a living foal was found the next morning by the mother's side. When I heard of the circumstance I went immediately to the place, and found the sides of the vulva still fastened together by the rings, but the whole pudendum on the left side so thrust and torn away from the pelvis by the almost incredible efforts of the fœtus, that a gap sufficiently wide was made to admit of its escape. Such is the force and vigour of a full-grown and healthy fœtus.

But, on the contrary, if the fœtus is diseased or feeble, or is born before the full term, it must be considered more an abortion than a regular birth, the fœtus being expelled rather than born; and thus for some days after birth it neither properly takes the breast nor gets rid of its excretions.

And yet the following example will show that the uterus also contributes towards delivery. A poor washerwoman had long suffered from procidentia uteri to such an extent that a tumour hung between the thighs as large as the fist. As no remedies had been applied, the prolapsed part became so rough and wrinkled as to take on the appearance of the scrotum, and in this state she suffered less than at the commencement of her illness. When consulted on her case, I ordered her to keep her bed for several days, to employ fomentations and ointments, and after the uterus was returned, to keep it in its place by means of pessaries and bandages, until by the use of strengthening applications it should be fixed firmly in its place. This plan was followed by some success; but she soon suffered a relapse, when compelled by her circumstances to follow her usual occupations, and continue long in the erect position. She bore, however, her inconvenience with patience, the uterus at times protruding, at others not doing so. At night she could usually reduce it, and it remained for some time in its proper place. After the lapse of a few days she returned, and complained that the uterus was so swelled from the use, as she thought, of the remedies, and especially of the fomentations, that


text:
Author:Loren Palmer

As editor

 * New York Sun (1903–1915)
 * Every Week (1917–1918)
 * Popular Science Monthly (1918–1920)
 * Collier’s Weekly (1920–1925)
 * Delineator (1925–1928)
 * Liberty Magazine (1928–)

title: Author:Loren Palmer


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Page:The Works of William Harvey (part 1 of 2).djvu/638

 it could not any longer be retained. By using some applications she was enabled to accomplish the reduction; but the cure was only temporary, for as soon as she stood up, and followed her ordinary occupations, the uterus immediately gave her much inconvenience by its weight, and at length entirely prolapsed. And now it hung down to the middle of the thigh, like the scrotum of a bull, to such an extent that I suspected not only the vagina but also the uterus to be inverted, or that there was some kind of uterine hernia. At length the tumour exceeded in magnitude a man's head, acquired a resisting character, and hung down as low as the knees; it also gave her much pain, and prevented her walking except in the prone position; added to which it discharged a sanious fluid from its inferior part, as if some portion had ulcerated. On ocular inspection (for I did not employ the touch) I feared that cancer or carcinoma might result, and so thought of the ligature or excision; in the mean time I advised the employment of soothing fomentations to ease the pain. The following night, however, a fœtus of a span long, perfectly formed, but dead, was expelled from the tumour, and was brought to me the next day. I took out the intestines, and kept it in cold water without decomposition for many months, showing it to my friends as an extraordinary object of curiosity. The proper skin in this fœtus was not yet formed, but in its place there was a pellicle, which could be stripped off entire, like that on a baked apple; underneath all the muscles of the body could be distinctly seen, the fœtus being very lean. I shall describe at another opportunity what I discovered in this fœtus on dissection. I have mentioned the case on this occasion to show that it was the uterus alone which excited the abortion, and expelled the fœtus by its own efforts.

Fabricius suggests two circumstances as especially worthy of admiration in and after birth: first, the dilatation of the uterus at the time of birth; secondly, the way in which after birth it is restored to its usual small size. He wonders how the uterus can be so distended as to allow the fœtus to escape, and afterwards in so short a period return to its pristine state.

He says, "that with Galen we can only wonder, but not understand," how the neck of the uterus, a part so thick, hard,


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 and closely sealed, as not to admit a probe, can suffer such distension at the time of delivery. He gives, however, the following reason:

"that the unimpregnated uterus is of a thick and hard consistence, and so is its orifice, but when impregnated is yielding and soft, and in proportion as the term of delivery approaches, both the body of the uterus and its orifice become more and more yielding." He believes this to arise "from the distension which the uterus undergoes, and that when this distension takes place, the compact and plaited, so to speak, body of the uterus is expanded and unfolded; thus what was before thick and hard becomes soft and yielding, and ready to admit of the passage of the fœtus." He adds subsequently, "Some one may ask—if all this is correct, how is it that in pregnant animals the uterine aperture is so closed that it will not admit a probe? I answer, that this is so because the uterus, whilst it is being distended and undone, like a closely-folded piece of linen, begins to undergo these changes at its superior part; the lower portions then gradually widen, until the power of distension arrives at the aperture; this generally takes place at the period of birth. With reason then is the uterine orifice closely shut in the first months of pregnancy, whilst it is still hard and thick, but inclined to dilate in the latter ones. Thus much may be said about the unknown cause of Galen. Other circumstances may be mentioned as conducing to the dilatation of the orifice; for instance, the excretions of the fœtus, such as the sweat and urine; for although these are contained in their proper receptacles and membranes, yet some degree of moisture may be communicated to the uterine aperture, especially as it lies low, and always in the immediate neighbourhood of these humours; added to which, mucous and slimy matters are always found about the orifice." But in my opinion this great man is wrong; for the neck of the uterus is not hard from being folded on itself, but in consequence of its own proper substance and cartilaginous nature; and the accidental causes which he gives can have but little weight towards furthering the dilatation. This, doubtless, like every other contrivance in the human body, is owing to the divine providence of Nature, which directs her workmanship to


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 copyright protection in the United States. Nimmer on Copyright § 7.02(C)(1). Under that rule, a publication of a work in the United States without the statutory notice of copyright fell into the public domain, precluding forever any subsequent copyright protection of the published work. See, e.g., LaCienegaLa Cienga [sic] Music Co. v. ZZ Top, 53 F.3d 950 (9th Cir.), ''cert. denied'', –516 [sic] U.S. —, 116 S.Ct. 331, 133 L.Ed.2d 231 (1995).

However, Bambi, A Life in The Woods was written by a foreign author, and was first published without a notice of copyright in a foreign language in a foreign country, and the general rule applicable to publications within this country does not necessarily apply. Nimmer notes that "[a] heatedly debated question and one which has never been finally settled by judicial determination, relates to the question of whether a work first published outside of the United States was required under the 1909 Act to bear a copyright notice in order to claim copyright protection within the United States."

Nimmer, at § 7.12(D)(2)(a).

Some early courts dealing with the issue indicated that a publication abroad without any copyright notice, like a publication in this country without any copyright notice, would also serve to place the published work into the public domain, thereby precluding any subsequent United States copyright protection. ''Universal Film Mfg. Co. v. Copperman, 212 F. 301 (S.D.N.Y.), aff’d, 218 F. 577 (2nd Cir. cert. denied, 235 U.S. 704, 35 S.Ct. 209, 59 L.Ed. 433 (1914)); American Code Co. v. Bensinger, 282 F. 829 (2nd Cir.1922); Basevi v. Edward O’Toole Co.'', 26 F.Supp. 41 (S.D.N.Y.1939). However, these decisions were at odds with the doctrine of territoriality put forth by the Supreme Court.

The idea that United States copyright law should not be given extraterritorial effect had its origins in the case of United Dictionary Co. v. G. & C. Merriam Co., 208 U.S. 260, 28 S.Ct. 290, 52 L.Ed. 478 (1908). There, the Supreme Court looked at the copyright act that preceded the 1909 Act, and found that Congress did not intend the copyright laws to have extraterritorial effect. “Of course, Congress could attach what conditions it saw fit to its grant, but it is unlikely that it would make requirements of personal action beyond the sphere of its control.” Id. at 264, 28 S.Ct. at 290. A few years later, in Ferris v. Frohman, 223 U.S. 424, 32 S.Ct. 263, 56 L.Ed. 492 (1912), the Court applied the same territorial theory under the 1909 Copyright Act, holding that performance of a play in England did not alter that play’s subsequent United States copyright status.

Many years later, in EEOC v. Arabian Am. Oil Co., 499 U.S. 244, 248, 111 S.Ct. 1227, 1230, 113 L.Ed.2d 274 (1991), the Supreme Court reminded us that “[i]t is a longstanding principle of American law ‘that legislation of Congress, unless a contrary intent appears, is meant to apply only within the territorial jurisdiction of the United States.’ ” Id. at 248, 111 S.Ct. at 1230 (citation omitted).

In 1946, the Second Circuit decided the case of Heim v. Universal Pictures Co., 154 F.2d 480 (2d Cir.1946). In Heim, a song was first published in Hungary in 1935 without any notice of copyright, and an American copyright was subsequently secured in the United States in 1936 by publication with the statutory notice. The court rejected the argument that in order to obtain a valid American copyright, where publication abroad precedes publication in this country, the first copy published abroad must have had a statutory notice of copyright. Rather, the majority opinion stated that publication abroad with no notice or with an erroneous notice would not preclude subsequently obtaining a valid United States copyright. Such a requirement would achieve no practical purpose. … [T]he most practicable and, as we think, the correct interpretation, is that publication abroad will be in all cases enough, provided that, under the laws of the country where it takes place, it does not result in putting the work into the public domain. Assuming, arguendo, that plaintiff’s publication in Hungary did not do so, it could not affect the [subsequent] American copyright that copies of his song were at any time sold there without any notice of the kind required by our statute, and it would therefore be of no significance, in its effect on the American

title: Page:Twin Books v. Walt Disney.pdf/5


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1. Spring once said to the Nightingale,

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I mean to

cres.

give you birds a

ball,

title: Page:Peterson Magazine 1869B.pdf/461


text:
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, if copies sold in Hungary bore a notice containing the wrong publication date. Heim, 154 F.2d at 487.

The court noted that the Supreme Court in United Dictionary, 208 U.S. 260, 28 S.Ct. 290, held that if a work were copyrighted in the United States, the omission of notice of the American copyright from an edition subsequently published in England did not invalidate the copyright. The court found no reason to distinguish between a foreign publication occurring either before or after obtaining a United States copyright, and, therefore, found Basevi v. Edward O’Toole, supra, 26 F.Supp. 41 wrongly decided on that point.

More recently, this court reconfirmed that copyright laws have no extraterritorial operation in Subafilms Ltd. v. MGM–Pathe Communications Co., 24 F.3d 1088, 1095 (9th Cir.)(en banc, cert. denied, –513 [sic] U.S. —, 115 S.Ct. 512, 130 L.Ed.2d 419 (1994)). “The ‘undisputed axiom’ (citing Nimmer) … that the United States’ copyright laws have no application to extraterritorial infringement predates the 1909 Act.” Id. (citing United Dictionary). Congressional enactment must be presumed to be primarily concerned with domestic conditions. “It is for Congress, and not the courts, to take the initiative in this [copyright] field.” Id. at 1098.

It is clear that from at least 1908, when United Dictionary was decided, to the present time, Congress has never indicated any intention to vary from the exclusively territorial application of United States copyright law. The Subafilms court went back prior to the 1909 Act, tracing the territorial concept, and bringing the axiom forward through the years, finding that United States copyright law applies to what takes place in the United States, not to what takes place in Italy, Germany, or any other foreign place.

Plaintiff Twin Books contends that because the 1909 Act had no extra-territorial effect, the 1923 publication of Bambi did not result in Bambi being placed in the public domain, and did not preclude subsequent United States copyright protection. Twin Books relies heavily on Heim. We agree, and adopt the reasoning of Heim, finding it to be well-reasoned and the latest appellate pronouncement on the precise issue. It is recognized as such by the leading treatise on copyright, Nimmer on Copyright (1994); it has been followed by the United States Copyright Office; and it is consistent with the long-standing axiom that U.S. copyright laws have no extraterritorial effect.

In Heim, as noted above, the court, applying the 1909 Act, opined that publication without a copyright notice in a foreign country did not put the work in the public domain in the United States, “provided that, under the laws of the country where it takes place, it does not result in putting the work in the public domain.” Heim, 154 F.2d at 487.

As there is no contention that Bambi fell into the public domain in Germany in 1923, under Heim, the 1923 publication of Bambi in Germany did not put Bambi in the public domain in the United States. Therefore, we find the 1923 publication did not preclude the author from subsequently obtaining copyright protection in the United States by complying with the 1909 Copyright Act.

Disney contends, and the district court agreed, that the initial copyright of Bambi was secured and commenced in 1923 when it was first published in Germany without a copyright notice of any kind. We disagree.

Under the doctrine of territoriality, and under the clear language of the 1909 Copyright Act, United States copyright protection was not secured for Bambi until 1926, when in compliance with the Act’s requirements, it was published with a United States copyright notice. During 1923, 1924, and 1925, anyone could have sold the Bambi book in the United States or made some derivative movie of the Bambi book, and the author Salten would have had no recourse under the United States copyright law. Nevertheless, the district court held that Bambi’s United States copyright term was running during the 1923–1926 years, when it was totally unprotected under United States copyright law. Such a result is neither warranted under the statute’s language nor would it be

title: Page:Twin Books v. Walt Disney.pdf/6


text:
Page:Peterson Magazine 1869B.pdf/462

THE

Pray, ma'am, ask the

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BALL.

The birds and bir

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CHORUS.

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2 Soon they came, from bush and tree, Singing sweet their songs of glee, Each one fresh from its cosy nest ; Each one dress'd in its Sunday best.

4 A Woodpecker came from his hole in the tree, And brought his bill to the company For the cherries ripe and the berries red ; 'Twas a very long bill, so the birdies said.

3 The Wren and Cuckoo danced for life, The Raven waltz'd with the Yellow-bird's wife ; The awkward Owl and the bashful Jay Wish'd each other a very good day.

5 They danced all day till the sun was low ; Till the mother-birds prepared to go, When one and all, both great and small, Flew home to their nests from the Birdies' ball.

title: Page:Peterson Magazine 1869B.pdf/462


text:
Page:Peterson Magazine 1869B.pdf/463

CHILDREN'S FASHIONS DECEMBER .FOR

title: Page:Peterson Magazine 1869B.pdf/463


text:
Page:Twin Books v. Walt Disney.pdf/7

 fair to the owner of a subsequent United States copyright.

Disney is correct that publication in a foreign country with a notice of United States copyright secures United States copyright protection, and that a copyright thereby secured, endures for 28 years from the date it is first published with notice of United States copyright. In the 1909 Act, Congress offered foreign authors the same protection it offered American authors, but only upon compliance with the Act’s formalities. However, Disney cites no authority, nor could it, for the proposition that publication abroad without notice of copyright secures protection under the 1909 Copyright Act. To the contrary, the clear language of section 10 of the 1909 Act provides that an author “may secure copyright for his work by publication thereof with the notice of copyright required by this title.” There is absolutely no way to interpret that language to mean that an author may secure copyright protection for his work by publishing it without any notice of copyright. Additionally, to so argue is a complete reversal of Disney’s alternative argument that Bambi fell into the public domain in 1923 when it was published without the statutorily required notice of copyright.

Therefore, we reverse the district court’s finding that the copyright for Bambi was secured and commenced in 1923; rather we find that the initial copyright for Bambi was secured and commenced in 1926, when it was published with the notice of copyright required by the 1909 Act.

Having found that the initial copyright was not secured and did not commence until 1926 leads to the undisputable additional finding that Ms. Wyler’s failure to renew the copyright in 1951, within 28 years from 1923, did not result in Bambi falling into the United States public domain in 1951. There is no dispute that if the initial copyright did not commence until 1926, as we have determined, Ms. Wyler’s 1954 renewal was timely and in compliance with the United States copyright laws. Under the 1909 Act, the initial copyright endured for 28 years from the date it was secured. Being secured in 1926, the initial copyright would have expired in 1954 had it not been renewed, which it was. Therefore, we also reverse the district court’s findings that the 1954 renewal of the Bambi copyright was untimely and that Bambi fell into the public domain in 1951.

Because the initial Bambi copyright was secured and commenced in 1926, and was timely renewed in 1954, we do not reach the issues of whether a 1960 Presidential Proclamation saves an otherwise untimely renewal under the 1909 Copyright Act or whether the doctrine of licensee estoppel applies in a copyright case.

We reverse the district court’s findings that the initial Bambi copyright was secured and commenced in 1923, that the 1954 renewal of the copyright was untimely, and that Bambi fell into the public domain in 1951. Accordingly, we reverse the summary judgment in favor of the Defendants. The cause is remanded to the district court for further proceedings consistent with this Opinion. REVERSED AND REMANDED.

title: Page:Twin Books v. Walt Disney.pdf/7


text: Twin Books Corp. v. Walt Disney Co.

title: Twin Books Corp. v. Walt Disney Co.


text: Education and Art in Soviet Russia/Part 2