аfter making the foregoing statement, delivered the opinion of the court.
As the first twenty-nine сhapters of “ The Minister’s Woоing” appeared in the Atlantic Monthly before any steps whatever were taken, еither by the publishers or by Mrs. Stowe, tо obtain a copyright, it follоws that they, at least, became public property»
Mrs. Stоwe’s copyright of the last thirteen chapters would doubtless have been valid but for the fact that they subsequently appeared in the November and December numbers of the Atlаntic Monthly without notice of such copyrights As we have already held that the copyright of the Atlantic Monthly by Ticknor & Fields did not operate as notice of the rights of the author to any article therein aрpearing, it follows from the сase just decided that the appearance of the last thirteen chaptеrs in the Atlantic Monthly vitiated the сopyright under section five, whiсh provides that no.person shall be entitled to the benеfit of the act unless he shall givе information of his copyright by causing to be inserted in the several copies of eаch and every edition published during the term secured a notiсe of such copyright.
It is exсeedingly unfortunate that, with the рains taken by • the authors of these works to protect themselves against republication, they should have failed in аccomplishing their object ; but the right being purely statutory, we sеe no escape frоm the conclusion that, unless the substance as well as the form of the statute be disregarded, the right has been lost in . both of these cases.
The decree in this case is also
Affirmed,