catalda fine arts inc flemish landscapes van ruysdael lithograph

8, the remedy under the anti-trust acts being held exclusive.

Similar destruction of copyright monopoly for its misuse in violation of the Sherman Act, as in this case, however, has been refused consistently by the courts with the sole exception of Buck v. 376, and others, destroying (by refusal to enjoin infringers) otherwise valid patent monopolies because of their misuse by patent holders to create in the patent holders monopoly in unpatented articles or materials. Refusal of the aid of the court might be thought to accord with the theory of the Morton Salt Co. Nor does the Re-Sale Price Maintenance Act show a departure from that policy sufficient to protect the plaintiff here, for its agreement is not solely with the dealers who are its customers but with other producers and dealers to maintain the prices in the whole field of print sale. There is, therefore, something to be said for the defendants' argument that this court, as a court of equity, should refuse relief to this plaintiff because the copyrights it seeks to protect are to be used in the carrying out of restraint of trade, in direct opposition to our governmental policy as expressed in the Sherman and Clayton Acts.

They point out, moreover, that the usual recourse against such an illegal combination in the courts in this country is difficult, if not impossible, because of the absence of the plaintiff and most of the members of the Guild from the reach of the courts of this nation. The defendants point to one precedent for denying the protection of the legal monopoly of the copyright because of joinder in an illegal monopoly or combination in restraint of trade. The agreement is formed in England but several of its members reside in the United States and the business of the plaintiff in the United States is affected by the agreement. Copyright laws do not grant to copyright owners the privilege of combining in violation of otherwise valid state of federal laws. Obviously this is an agreement in restraint of trade. It has also agreed with the other members of the Guild to maintain minimum prices for each class of customer. This it is claimed to have done here, for it has contracted with the other members of the Guild to limit production of each engraving to a specified number and to destroy the plates after either the number specified or a specified period of time from the first production has been reached.The plaintiff, a British print producer and dealer, member of the Fine Arts Trade Guild, copyrighted in the United States eight mezzotint engravings of old masters produced at its order by three mezzotint engravers.

Catalda fine arts inc flemish landscapes van ruysdael lithograph