
    CORBETT v. PURDY et al.
    (Circuit Court, S. D. New York.
    May 17, 1897.)
    Copyright—What is Protected—Titles.
    The right secured by the copyright laws is the property in the literary composition, and not in the name or title given to it; and an injunction will not be granted, under the copyright laws, to protect a title alone, separate from the book or dramatic composition it is used to designate.
    This was a suit in equity by Adolphe Corbett against Fannie Riee Purdy and others to enjoin the alleged infringement of a copyright on a dramatic composition. The cause was heard on a motion for preliminary injunction.
    James Foster Milligan, for plaintiff.
    Abram Hummell, for defendants.
   LACOMBE, Circuit Judge.

The relevant provisions of section 4952, Rev. St. U. S., as amended by the act of March 3, 1891, are as follows:

“Sec. 4952. The author of * * * any dramatic composition * * * shall, upon complying with the provisions of this chapter, have the sole liberty of * * * publicly performing or representing it or causing it to be performed or represented by others,” etc.

There is no evidence to show that defendants are publicly performing or representing complainant’s "dramatic composition.” The right secured by the copyright act is the property in the literary composition, and not in the name or title given to it. In no case, so far as this court is advised, has protection been afforded by injunction, under the copyright laws to the title alone, separate from the book or dramatic composition which it is used to designate. Osgood v. Allen, 1 Holmes, 185, Fed. Cas. No. 10,603. Whatever rights complainant may have to restrain appropriation by another of the title of his work, on general principles of equity, cannot be considered in this suit, which is a controversy between citizens of the same state, and presents no federal question. Motion for injunction denied.  