Mifflin v. Dutton explained

Litigants:Mifflin v. Dutton
Arguedatea:April 30
Arguedateb:May 1
Argueyear:1903
Decidedate:June 1
Decideyear:1903
Fullname:Mifflin v. Dutton
Usvol:190
Uspage:265
Parallelcitations:23 S. Ct. 771; 47 L. Ed. 1043
Holding:The authorized appearance of a work in a magazine without a copyright notice specifically dedicated to that work transfers that work into the public domain.
Majority:Brown
Joinmajority:unanimous

Mifflin v. Dutton, 190 U.S. 265 (1903), was a United States Supreme Court case in which the Court held that the authorized appearance of a work in a magazine without a copyright notice specifically dedicated to that work transfers that work into the public domain.[1]

Background

The case concerned the publication of The Minister's Wooing by Harriet Beecher Stowe, published chapter-by-chapter in Atlantic Monthly before and after a copyright filing, and never with the required notice in the magazine. Following the serialization, Houghton, Mifflin & Co. published a single volume with proper copyright on behalf of Stowe and, later her estate. E. P. Dutton published the same book claiming it was in the public domain and the court agreed.

This case shared its reasoning with the previous case Mifflin v. R. H. White Company.[2]

Notes and References

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