Beban

After trial, Findings of Fact, Conclusions of Law and Interim Order of Reference, the defendants filed a Motion to set aside and vacate the Findings of Fact, Conclusions of Law and Interim Order of Reference, and to dismiss the Complaint.

The substance of defendants’ contention is that plaintiff’s dramatic work “The Sign of the Rose” was copyrighted on June 12,1909, and that the Copyright Act of March It, 1909, did not become effective until July 1, 1909, 17 U.S.C.A. § 1 et seq.; that under the Copyright Act in force prior to the effective date of the Act of March 4, 1909, dramatic works were not protected against reproduction by a mechanical means such as a phonograph record, and that the renewal of plaintiff’s copyright under the Act of March 4, 1909, did not give plaintiff the benefit of the terms of that Act.

Defendants’ reasoning is based upon White-Smith Music Co. v. Apollo Co., 1907, 209 U.S. 1 , 28 S.Ct. 319 , 52 L.Ed. 655 , and the eases stemming therefrom.

Assuming, but not deciding, that defendant’s contention that the renewal under the 1909 Act of a copyright previously secured did not give the benefit of the 1909 Act to such previously-secured copyright, I do not…