John A. Neal and John G. Duffy, Individually and Dba Workshop Publications, a Co-Partnership v. Thomas Organ Co., a California Corporation

Appellants brought suit below against appellee for copyright infringement and unfair competition. The district court found for defendant, and plaintiffs appeal.

The district court had jurisdiction under 28 U.S.C. § 1338 (a) and (b). This court has jurisdiction pursuant to 28 U.S.C. § 1291 .

The basic findings of fact of the district court are uncontroverted and are here adopted.

The main legal questions are (1) whether appellants have a copyright on a text valid against the whole world, or (2) at least valid against appellee, and (3) whether appellee was guilty of unfair competition concerning certain recordings.

I. DO APPELLANTS HAVE A COPYRIGHT ON THE MANUAL VALID AGAINST THE WHOLE WORLD ?

Section 20 of the Copyright Act (17 U.S.C.) provides in pertinent part:

Appellants have admittedly complied with all of the other requirements of the Copyright Act. The only question is whether they have properly placed the notice of copyright. The title of their publication appears only on the cover. The other side of the leaf on which the cover appears has been held to be the “page immediately following,” i. e., the second page. Kraft v. Cohen, E.D.Pa.1940, 32 F.Supp. 821 , reversed on…