Public Affairs Associates, Inc., Trading as Public Affairs Press v. Vice Admiral Hyman G. Rickover

sought ployees impose dues, group ployees has did other voted to my agreement representation col- organization rescind so “for purposes: which by expenses, leagues Only defray operating strike down. Schultz, (e. employee Team- g., National action etc. disbursements challenge. representation ster, has Labor Board Relations there proceedings), practice and unfair labor why enough I have to demonstrate said by approved the mem- as authorized and I think returned case should be this joint bership the case or the as board hearing I the Board. think further may to be dis- be.” funds were Such Board be ordered that the special “so account bursed from bank agree- then determine not whether or concerned, on employees far as are agreement “labor ment is the here joint board.” authorization organization” employees. created found, employer and the If it be so this Gray rep employees voted organization pursuant labor bound are organization they, them resent the selves, which 185(b). to U.S.C.A. § pur To all intents created. Gray, poses lawyer, record, employer should not On this organiza employees’ guilty prac- labor it. That the of an unfair labor deemed through negotiated, spoke, and acted tion tice. Ryan, 1956, Gray, United States 400, 100 L.Ed. U.S. S.Ct. ultimate, way detracts from in no practical agreement fact, I as see it: organiza “labor of their own was that tion.” nothing 8(a) was, I section it see

If (3) which forbids in the Act or elsewhere agency shop. agreement by an an such Congress ASSOCIATES, INC., PUBLIC AFFAIRS such, speak unions did not Press, Trading Affairs as Public organizations. Con- When labor Appellant, shop gress because of barred the closed unions, it some certain abuses RICKOVER, Hyman Vice Admiral G. down maintenance to strike occasion no Appellee. support plans of other entities No. 15463. organizations.10 qualified Where labor Appeals States Court of formerly an advance election re- of Columbia Circuit. District agree- “union-shop” quired authorize a Argued April 1960. Congress by ment, Act October U.S.C.A. 158 Stat. 20, 1960. Decided Oct. necessity dispensed (3), (a) certain that seems elections. such Congress employees them- left it only selves, to have entered into agreement, ma- but to rescind it pur- jority for that when an election vote instigated by the pose Have been per centum of the em- petition of (1) 159(e)

ployees. 29 U.S.C.A. § suggestion There no per centum of the em-

record employee-selected privileges Indeed, forms certifications individuals though organization supra Ryan, are barred labor note United States v. rare. page Id., proscribed? page U.S. at Cf. note U.S. at S. page at page 76 S.Ct. Is it be assumed that Ct.

Washington, Judge, Circuit dissent-

ed. REED, retired,*

Before Mr. Justice and Judges. Washington Circuit Danaher, sitting designa- REED, Mr. Justice tion. appeal judgment anis from the United States District for the Court dismissing District of Columbia after complaint

trial on the merits a for a declaratory judgment.1 Appellant, an publishing educational organization, com- plained January 16, 1959, appel- that lee, an admiral of the United States Navy, appellant “use, refused quote publish” speeches appellee capacity made “in his as an admiral.” Appellant publish claimed the appellee because “facilities, used the in- * * * formation and data obtained in connection with public his duties as a Appellant official.” alleged further speeches have been released to the public press and therefore “are in the subject domain and not curtailment as to use.” Judgment sought “declaring de fendant quotation not restrict from speeches, either in full part, or in otherwise, book form or once publicly”; have been delivered “copyright” pub restrictions on his lic be declared removed.2 denying After an portions answer agreed complaint, an statement of facts was filed. That statement showed appellee during pertinent period duty awas vice admiral on active Navy Department as Assistant Ships Chief the Bureau of for Nuclear Propulsion Stanley Prosh, Washington, and Assistant Director B. Mr. D. , appellant. Reactors, C. for Naval Division of Reactor De- velopment, Energy Atomic States Washington, McDonald, Joseph Mr. A. Commission. From October Nail, C., Mr. Edwin S. D. with whom action, the commencement Ad- C., Washington, brief, on the D. was twenty-three Rickover delivered appellee. miral * pursuant by designation Sitting and the to Sec. 294 2. Jurisdiction existence of actual controversy (a), is not contested. Title 28 U.S.C. U.S.C. Kimmel, White 193 F.2d 744 Associates, Rick Public Affairs Inc. v. Cir., 1952). (9th F.Supp. over, D.C., 177 *******II,Someprior working at home public.3 months done after normal hours- speeches in July 9, traveling. suit, agreed: or while of this It was institution Dut E. P. had contracted he “The were written the- publish Co., Inc., to be a book ton & longhand. large part- Admiral A Rickover, Addresses known as typed by Mrs. speeches. based in on certain of said typewritten Rickover at home. The ownership of The contract asserted that plus por- material some handwritten in Admiral Rickover. brought tions were in to Ad- filed, On December the Admiral typing miral’s office for final subsequent delivery, applica preparation and the of a multi- registration copy tion for of a claim to lith master Admiral’s secre- compilation in 22 of of the first tary. In some was cases the master speeches question in with a prepared directly typewrit- from the recognizes appellee notice. The that brought ten as in from home. “compilation did not revive exclusive speeches All of the were multilithed held such material to” duplicating Government ma- previous publication. day ap The same chines. pellee application registration filed for *****#(cid:127) speech speech This last was de “The defendant admits it was 11, January livered December 1958. On practice speeches to have his as n 12, 1959, published by a book E. P. Dut prepared for distribution bear his. Co., Freedom, ton & Education and based name, his rank in the United States. largely on a number of the Navy and his title in the Atomic controversy, offered Energy Commission, speech- that the reg the name Admiral Rickover and es as customarily distributed bore ai istered. giving statement ‘for release’ agreed The frequently statement of date and facts shows the time writing of these release exceptions and with few were (1) “Christopher Columbus,” Metallurgy Power, October Award Atomic Oc- 12, 1957; (13) 20, 1955, Congress tober Balance Sheet on The National Metals Education, 22, 1957, Society Metals; (2) In- November The American Sponsored by stitute the Thomas Alva Navy, 27, Nuclear Power and the October Engineer- Foundation, 1955, Edison ing Society Inc. at the Navy San Francisco Council of the Detroit; (14) League, Revolution the Chamber of Commerce Press; Sea, 5, 1957, December Overseas Club; (3) Engineering the Commercial ; (15) Age; Club Education in the Nuclear Education, 22, and Scientific November 1957, 6, 1955, December Dedication of Nuclear- the Thomas Alva Edison Founda- European Training School; (16) tion, Power Inc.; (4) Military Lead Time and Secondary Strength, January and American Comparison, Schools—A 12, Society 1956, The March Fiftieth Magazine Editors; (5) of Business Nu- School; (17) Anniversary, St. Alban’s Navy, August 16, clear Power and the Free, April 1956, Truth Shall Make You The Sesquicentennial; (6) Bellefonte 1958, Inauguration 19, The Ceremonies- Children, The Education of Our Talented Polytechnic Brooklyn;. Institute Spon- November The Institute Meaning Profession;. (18) The of Your sored Thomas Alva Edison Foun- 14, 1958, Stevens Institute Tech- June Inc.; (7) dation, Nuclear Power —Chal- nology; (19) in Human Investment Re- lenge Industry, January, 1957; (8) Engineers-- 1958, September 25, sources, Challenge Power, The of Nuclear March Meaning: Louis; (20) I, 1957, The St. Club The District o'f Columbia Coun- Septem- Voyage, Polar Navy Natilus’ League cil of of the United Club; States; Altoona Lions (9) ber The Talented Mind—An Heritage, 23, 1958,. Opportunity October Obligation, A Common and an March University Forum; (22) II, Theo- 1957, Westinghouse Columbia Science Talent American, Energy Ceremony; (10) Octo- dore Roosevelt —Modern Award Search Presentation, Future, May Theodore- ber and Our Resources Medal;: Distinguished Assembly Service Minne- Roosevelt Scientific Annual (23) Association; (11) First Line of De- Education —Our Medical sota State Harvard; September 14, fense, Revolution, December Naval City. Legion of New York Naval Affairs Commit- Club American tee; (12) International Communication opinions or as- press paper re- effect used stock are the Department sertions contained therein of Defense leases private Energy and are ones of writer or the Commission.” Atomic or re- official be construed multilithing After livery, and at or before de- except flecting Navy De- the views all and 12 Nos. 7 partment or the naval service at 3, supra, were footnote distributed. large. Immediately upon accept- agreed statement of facts shows publication, ance of articles for follows: complete writer forward a the copy speeches, approxi- “Certain of the Secretary of such articles mately number, sixteen in also were Navy Navy for the files of the through made available Department.” Public Information Officeof Department There was also a of Defense Department of Defense or of the during Directive effect the time the Energy Commission, Atomic or both. delivered.4 distributing speeches, Ad- miral mailed some to indi- Rickover super- Rickover duties of requested copies or viduals who had inspection vision and car- could be Admiral Rickover believed who[m] would be points ried out the of at near various subject. interested arrangements delivery, and were tomade by Some sent were Rick- duty” make the in free or “off over, approximately case, 50 in each transportation hours. No costs were sponsor speech of the to be paid by Admiral Rickover in connection press made the and available to oth- Honoraria, with his of- addresses. when speech place ers at the the where fered, paid directly were to charities to be delivered. were Some by specified the Admiral. Washing- sent to the Club in Press by ton opinion Admiral Rickover for the use The District Court in its de- representatives press.” of termined that the addresses listed in note literary productions 3 fell into a of class speech Each was cleared the De- “that arise [the out of official author’s] Defense, partment Security of of Office although actions, writing de- the book or Review. done under This of livering question, the address no is Regulations Navy General of the the Therefore, of his official duties.”5 which, alia, provide: inter the trial court determined these address- “3. Persons naval service governmental publications. es were not desiring publish pro- articles on also It was held issue of fessional, political, or international delivery releases and of subjects pro- in accordance with “an were not of abandonment regulation of visions shall cause literary property signatures or a appear dedication their articles, on such together public.”6 with a statement to Writing respect accessibility 4. with “V. Publication writers for Defense Personnel, as Individuals. or other Personnel use of technical information of Department Defense, military manuscripts publi- the civilian, of or articles written for publica- personnel, who Articles write outside cation. deal- military matters, ing tion not in with connection their with will official be sub- any subject Security Review, or in duties on form Office of mitted to the activity (PA), ascertain that such will for review and not in- OASD clearance to any way any possible military or conflict in violation terfere with avoid security.” assigned regularly activity 52,309, duties. Such DOD Directive No. during Aug. not be conducted normal will work- accomplished ing hours, or with the use F.Supp. 601, 604. 5. 177 Department facilities, of Defense Id., page personnel. Such writers will be on an parity professional with exact outside literary pi- against protects the mind racy.10

I. re analysis Underlying an here parties spective Speeches contentions oral and lectures books, right legal author an presentation may copyrighted under unpublished his texts, or addresses

lectures Their Code.11 right writings. Copyright, writings exclusive course, may copyrighted time publish limited for a private author an under 4.12 the Admiral a Were work, at common question did not exist citizen, therefore, his no substantial though author law an at common susceptibility even would exist toas unpublished right property his statutory had a these works to right property enabled work.7 cases make it clear that an author’s disposition copyright may author to control in lec common law exist toit released time as he performed until such tures and other works that of control public. writings.13 If this as well as in Our considera publication, would there ended tion turns first to the lectures’ whether protec general need of susceptibility no have been is af property high tion. fected Admiral’s status as problem perpetual. balance government officialand nature of the authors to Narrowly between material discussed. stated right of statutory of their efforts provisions, fruits terms of opportunity for learn to have pub or their written texts by adoption ing or was solved diversion lications of the United States Govern Although after which, acts.8 Code, ment in no under 8 of the copyright in the publication the of authors shall subsist. by the now measured States are United present In the Public case Affairs speech- right Act, law their common first, Press asserts that as these preserved.9 publication has been first responsibil- es “resulted from his official upon depended primarily We “pub- ities” should be classified aas flexibility of the common law lication of United States Govern- development 8, of pro- under ment” vides, 17 which U.S.C. § manner of releas “No shall time and subsist to choose * * * any publication of the United product ing of the labor 7. Mazer v. 8. See 9. 17 U.S.C. White-Smith 74 52 weight 98 view. See 2, 16. Cas. Peters, Skone Co., limit tor publication, S.Ct. (1774 prietor Beckett, Eng.Rep. L.Ed. S.Ct. or 209 U.S. Holmes H.L.); James, Copyright title of 8 Pet. of 460, 655 2:§ Stein, equity, Millar v. unpublished II unpublished shall be construed 201 or use of L.Ed. 904. Music Pub. Co. English Brown 98 591, 1, 15, (concurring Jefferys “Rights Hurst, of the (1769 K.B.) L.Ed. (1854); 347 U.S. 657, 662, Taylor, 4 Burr. 18-20, prevent 129, Eng.Rep. cases 174 U.S. author work, 630; of worlt. Boosey, 1 (9th ed., opinion). author or Copinger 201, 214-215, 8 28 S.Ct. supports ; Wheaton L.Ed. unpublished or at common to annul or Donaldson v. proprie- Nothing copying, 4 H.L. Apollo 1958) 1055; 2303, pro- 319, The this 837 and v. 10. 11. 17 U.S.C. 12. 17 U.S.C. work without his v. 904; 47 L.Ed. damages therefor.” Hurst, flin v. S. 32 S.Ct. tional 2d thor.” ^[1935] Exploitation Ferris v. Dent, Mifflin include Dutton, Institute, 174 U.S. States. 23 S.Ct. 1 Ch. infrequent ^[1907] §12. Frohman, v. 267, 287; all 190 U.S. 4: “The works for of the work of be secured under this title R. H. See Dickens 82, Inc., L.Ed. 1 Ch. consent, 19 S.Ct. 47 L.Ed. writings White 223 U.S. England Cir., Macmillan & 107; and to obtain 606, 23 S.Ct. v. Co., Nutt v. Na 1040; others Holmes Hawksley, of an au- 43 L.Ed. and the 190 U. Mif has Co. F. v. generaliza publication copyrighted” States Government.” This ment shall be ques actually publication tion creates sea troublesome —seems to refer produced by ato range publications tions. from the Such Printer.18 Public messages Printing mean, provision of the Presidents’ on State Office seems Union, Congressional depart Record, naturally, “produced if the pamphlets, read of- regulations, maps, Copyright provision mental fice.”19 The judicial read, think, publications mov we decisions forms for the to refer to ing printed admission to the vari commissioned bars or at the cost language Apparently direction of ous courts. United States. These originated provision expositions would be authorized mat- Act governmental Printing, by govern- Public ters of 28 Stat. 52.15 interest designed democracy authority.20 It is mental to achieve in a The second section depends protects upon copyrights 8§ accurate authors’ knowl edge against governmental publicity copyrighted the broadest for matters use of government. No material.21 clarification of the meaning “publication of the United ordinary practice22 Both and the de- appears States Government” Rules support cided cases our conclusion.23 Be- Regulations Off governmental fore enactment toas provision grew ice.16 The out of “con publication, Supreme Court declared entanglement” fused stereotype over the sale judicial opinions such, that federal as electrotype plates desired “published authority under the of Con- by Representative James D. Richardson gress,” copyrightable.24 were not use in “prepared, com Court returned the Wheaton case to the piled and edited him on behalf court, however, trial determination Printing.” Joint Committee on complied of whether Mr. Wheaton had language original stat own notes on the * * * printing recognizes ute right, Govern- cases.25 That action —“No provision, appeared statutory concept 14. This fall under the Copyright Act, publication by 35 Stat. 1077. cost of the United States. Berger, Copyright 15. See the discussion Publications, in Government republication publication by 21. “The or Works, in Certain General Revision of separately Government, a either or Copyright Law, Copyright Office, public document, any of material in which Study p. (A-C), (1959). 21 No. 4 copyright subsisting is shall not be taken any abridgment to cause or annulment of (1960). 16. 37 C.F.R. 201.1-201.8 copyright any or to authorize use or Messages Papers 17. I of the Presi- appropriation copyright such material of II, (1913 ed., I, III dents Bureau of Na- copyright pro- without the consent of the Literature) copyright by tional 1897 prietor.” Stiefel, D. Richardson. James See Pira- High Places, cy military 22. ASCAP See the list of fifteen senior of- Symposium 8, p. 3, (1957). who, duty, No. 25 on ficers while active were published relating said books Rep. 1473, Cong., 18. See S. No. 56th 1st military experiences. Cong.Rec. 105 Sess. (daily 31, ed., Aug. 1959). 15927-15928 Comp.Gen. 221, 1473, p. 7 of See Decisions 223. Rep. supra, 2: S. 19. Printing on “The Committee will not thorough below, 23. See a note on this case question legal to discuss undertake (1960); Col.L.Rev. 398 73 Harv.L. say further than here involved that a Rev. 1219 See discussion printing prohibition contained in the cases Geo.Wash.L.Rev. 443-447 every publi- intended to cover act was (1955-56). Congress by pos- authorized all cation ” * * * forms, Callaghan Myers, 617, 649, v. 128 U.S. sible S.Ct. L.Ed. Wheaton v. us not seem to that occasion- It would Peters, 8 Pet. 8 L.Ed. 1055. governmental secretary for use of a al transcribing Callaghan Myers, supra, multilithing machines U.S. publicizing page page for S.Ct. at 185. See Mr. nega- ap said, properly statutory cannot be allowance outside copy- pellant government governmental employee offi asserted, that tion, a aof speaks non-copyrightable cial who right of matters with or writes comments by governmental he publications. In is official is Sherrill concerned as an Washing- very being Sup.Ct.D.C.1929, fact an official Grieves, copy- copyright produc barred Rep. author’s from his ton Law published they right tions. If pamphlet previously called for are on a statements by explanations governmental his officers for official duties or school a guides barred the author’s official action use in local with instruction against copyright. perusal, from upheld a the conten- A even of the consent was alone, governmental publica- places delivery titles and the tion it was a that government em- these tion. The author was a sufficient show writing governmental ployee pamphlet publica addresses but the Sawyer tions in employment. that sense. The them was outside his D.C.S.D.N.Y.1942, selves bear Co., out hold Crowell Pub. statement. We govern F.Supp. papers none of dealt with court is government publication. map produced mental em- duties, ployees in of their the course II. copyrighted by employee then one published by notice the Government question The next Ad whether registration. copyright The miral Rickover has forfeited his map court held di- that as the “relates twenty-two on the addresses rectly subject plain- matter of the delivered before December 1958.26 printed tiff’s work” and was and en- Copyright Act, so far as here graved by Government, attempt- important, provides, “No employer’s ed inured to the original subsist text of work Compare benefit. United States v. First which is in the domain.” Paul, Cir., Trust Co. of St. manuscript private property is the of an quiet title, F.2d an action where publication author until with all at it was held that a book notes ex- concept ownership tributes of within the ploration kept by private Col. Clark was a personal property.27 au journal. army officer, He was an mem- thorship is lost—no doubt often inad expedition, ber of the Lewis and Clark vertently puts owner —when but Lewis was the Lewis commander. domain keep was instructed to Presi- Jefferson. dent This he also did. Lewis authorship copyright of becomes a perusal sent Clark’s notes for of the the privileges with similar individual for the President but with direc- comments and by publication owner and the affixation they tions that caused the court hold to copyright notice.28 private were to be treated as notes rather only official, than statutory The Lewis’ the were. As States defi- concerning Clark kept publication notes were not shown to nition be is not di- rectly duties, applicable. accordance applies with Clark’s the It is 26 and § court held property them to not the to 24 as to duration of be give congres- of the Government. some indication of does Story Gray Publications, Justice on circuit Fawcett v. Rus Publications sell, C.C.D.Mass.1839, Cir., 598; pp. Nimmer, 191 F.2d 10 Fed.Cas. 5,728, Story 11, Copyright Publication, 56 Col.D.Rev. 20-21. note 4 adopted 26. The word “forfeit” is to avoid Frohman, 223 U.S. Ferris “dedication” or “abandonment” 56 L.Ed. 32 S.Ct. U.S.C. § suggest purposeful seem to release to the supra. 2, note public. purpose statutory “pub- The of a lication” is immaterial. National 28. 17 U.S.C. Comics subject. voluntarily to thinking domain, is, It reads released sional Supreme the author. as follows: apropos sit- said, Court has a similar of interpretation con- “In to uation: never “Such forfeitures are of date struction of this title ‘the language.” be inferred from doubtful publication’ of a in the case shall Nor from doubt- inferred be repro- copies are work of which pro- ful actions. A liberal attitude duced for sale or distribution tecting any passage from work in its cop- to held be the earliest date when perpetual non-productive but absolute edition ies of first authorized rights common law of author an sold, publicly placed sale, or productive monopoly limited but of proprietor distributed enjoined upon the courts authority, his or under purposes How- Act. ^ ft # ever, an intent as to author’s phrase of “Public distribution” is weight controlling given should not be England importance In in this case. against the effect acts.30 statutory a there is definition agreed pages facts stated (c): Act, 49(2) F.2d, supra, and 265 of 284 show “subject preceding para- only press wide distribution graphs, literary, musi- or dramatic generally people but also to who desired work, cal or an edition through copies subjects interest work, work, or an artistic handling addresses. if, published but taken to have addresses to December only if, reproductions of the work copyrighting attempted, when was first or edition have been issued only indicates a studied se effort Act, 1956, public;” Copyright 4 & publicity cure ad for the contents of the Eliz. c. through dresses of informa channels English states An authoritative textbook go beyond customary tion, but to sources rule as follows: distributing broadcasting or literary, facie a dramatic “Prima addresses interested individu work, an or musical edition Publication, for al. measurement of work, is artistic such work copyright, duration of a dates from sale if, if, only reproduc- published “publicly or when distributed” tions the work have been issued copyright.31 owner of the meas Such a ** Copinger and meaning publication for ure for the ed., James, Copyright, (9th Skone authorship seems most release 1958), p. 21, 30. with the Act. consistent Holland, determining publi Corp. In American Visuals whether Judge forfeiting Cir., 1956, power 239 F.2d Frank the author’s cation occurred, writing, held that a it distribution the addresses has we Congress hundred of an several adver- consider intent must tising prospective general by customers, publication scheme to for use al induce lowing monopoly apparently copy- notice limited with suitable a to enable writings Act, profit claim under was to from their § authors comply congressional publication enactment, to sufficient statutory with the the § only requirement publication copyright permits a when the writ though copyright.32 ing put public we into Even follow the not been the p. supra, Pearson, Washingtonian 31. 10. Pub. Co. v. 17 U.S.C. 29. 397, 403, L. 59 S.Ct. U.S. person by “Any thereto 32. entitled this ti- 470. Ed. copyright by tle secure publication Roberts, with Law thereof the notice of Publication the Cf. * *” * required by title; Sym Copyrights, Law ASCAP 9, p. posium, 17 U.S.C. pub- suggestion sponsors opinion’s 50 for speeches preceding distribution the gain requires less con difficult to the a avoid lication to —it totality, publication acts, publication clusion than these evidence of publication right, speeches we property constitute to law lose a common the their dedication to domain. have been unable to conclude that protect There is no of his addresses effort shown to distribution almost all private right way, any author’s not a dedica- no was Admiral Riekover might upon copies. un- limitation makes it tion use. This who obtain to oral necessary open these to whether the That were to the en consider be presentation tire world or would not could alone not have been clear more ly publication Act.33 manifested under the unless the author had printed upon copies, “All to claims Circuit, important An from this ease copyright waived.” See Kim White v. Corp., Hirshon v. Artists mell, Cir., 1952, 193 F.2d 744. U.S.App.D.C. 217, dis- F.2d Twenty-five publication. hundred cusses Since distribution was not limited song any way copies or- in question particular group, of a distributed were no .to publicize der “All the record to it. exists in this case as to the ex- any 2,500 appellant’s copies tent of shows is song limitation so avoid as to [2,- “publication” printed and that some sense. Anyone copy. of them were distributed to broad- was 000] to welcome casting professional musi- stations and any Nor do problem we have as to chiefly ‘plugging’ purposes, cians for limited use press of the addresses through Incorporated, Broadcast Music for fair comment. The was free agent. licensing copies named on as a use in whole or in single copy Not a sold. No license was for their ephem- news value. But such given anyone permission or other was eral use is far different from the unlim- song. perform to Nothing or otherwise use the ited anyone distribution to who in- was done, beyond said or de- terested which is manifested give distribution, any recipi- scribed agreed statement of facts. com- is the impression ent that he could plete absence of limitation on use of any obtaining use make of it without first printed by anyone distributions at through proprietor’s license stat- destroyed time which the common licensing agent.” U.S.App.D.C. ed of the author. at 243 F.2d at 645. This held a limited not which did III. vitiate the Copies deliv agreed ered after December of facts bore this statement “Copyright 1958, sort of notice: no H. under consideration shows G. the case permission speech Riekover. No needed con limit distribution effort temporaneous press copy use. to December Above delivered es willingness speech notice to used if most make them rather might Copies reprinted.” all who interested. available deposited Certainly accordance when all of Rickover’s were with the appellant appear does are considered to act. of distribution acts gether performance, that this notice does distribution to contend contain — copies required by elements press, sent all the formal individuals request Rather, it recipient’s asserts those of the Code. that these sent comply unsolicited, do not sent in of notices batches be- act Frohman, 424, Kaplan, Laws, in Publication 223 33. Cf. Ferris U.S. 469, 492; (1955); 263, 430, U.Pa.L.Rev. S.Ct. 56 L.Ed. Nutt 103 473-479 32 Inc., Cir., 1929, Dedicate?, Institute, Selvin, 2 Should Performance 42 National 31 (1954). Nimmer, Publica Calif.L.Rev. F.2d tion, (1956); 194-197 56 Col.L.Rev. pub- required appellant cause, ele- on the similar work in to the addition compliance ments, they Admiral’s conditional lished in copyright with the also contain a Appellant permission would a relevant factor.35 use to the work. question condition The as to use of of this the fair contends the terms “contemporane- copyrighted vague, particularly after December addresses are “press”, reason is left to District ous” and and for Court au- No remand. the entire is invalid. thority contentions. is cited for these some The record shows that there distinguish argument be- fails to holding of the addresses to which our fol- notice tween valid and sufficient applicable. Copies No. not question- additional, perhaps lowed able, Defense, Education —Our First Line of fails limitations a notice and bore a that is sufficient notice comply specific requirements to with the protect from under to it use others ap- of 19. There merit is much Power 10 of the Act. Nos. Nuclear pellant’s contention condition —Challenge Industry, Christo- and vague improper, event is pher Columbus, are said not to have admittedly no- the existence of the valid public to the others distributed as the preserves all and the contem- tice were. granting poraneous permission of limited circumstances, conclude we work, not, has use whether valid is to the it better reverse and remand underly- validity no ing effect hearing District Court for application and further fully preserved right. and opinion. of this It is so ordered. question

A raised as to is use of fair these later com addresses Judge WASHINGTON, (dis- Circuit pilations quotation or in or criticism. senting) . declaratory judgment, is a suit appellant presented and has not judgment I Dis- would affirm the pamphlet pub book or it intends I do trict Court. believe unambigu Nor lish. ously has it otherwise deliv- dissemination just plans indicated what use it ered to December such speeches. make these later Without defeat the author’s common planned court, is, use before They it publication. first course, impossible determine wheth not in therefore domain when Appellant’s prayer er is fair. it for relief application Admiral Rickover filed his indicates, however, below registration that it wants for piled in com- able to to be use these “either Copy- under form Section 12 of the part or in full book form or other Act, (1958). U.S.C. Con- prayer Insofar wise.” as that nothing asks for sequently, Section 8 a declaration that doctrine of fair validity copy- Act would bar the right justify publication use will as a book of secured, thus both as com- speech verbatim of these some speech- pilation as to the individual es, put the matter is sufficient defi es contained it. permit publi niteness to an answer. The that Admiral is clear Rickover in- consisting of a cation in substantial foster the dis- tended to widest quotations copy from another of his current semination words—as righted permitted work is not under the advancing the sake of news—for own theory of fair If use.34 less than the programs. I But think that it views taken, text of the is equally preserve, whole clear he that meant actually preserve, did competitive effect exclusive C.D.Mass.1841, 664; Yankwich, Use?, Marsh, Folsom v. What is Fair 34. See p. 342, 4,901; Toksvig (1954). Fed.Cas. U.Chi.L.Rev. Co., Cir., Bruce Pub. F.2d Col.L.Rev. 35. See 56 belong passed, compiled ex- words has should the clusively publish in the to assignees. author, or his the news value to immediate Speeches their after form buy compilation people a who will away. men passed had among speeches, months and unique Admiral Rickover’s public life are forefront of years they reported they even have been only after literary products. are Not they press, prize literary in do the will so because considerable works often merit, the fruits of the author’s intellectual may they “news” of be but also nothing literary they efforts. There is in importance. “news” As first compel contempo- this to which court the widest unfettered deserve deprive reap Where, here, the creator of to as raneous dissemination. by financial from these efforts be- benefits end this an author seeks to advance cause, creation, making at the time of their copies of his available being added virtue news- per- other interested worthy public serving events immediate con- sons, public’s he is interest anything they cern. Nor in is there the law as own. But insofar as well his compels which us to attach literary such a con- a commercialvalue as works sequence to acts importance taken author to after their news immediate public belong communicate to members of passed, they appropriately has to prop- that in his element which works is public interest creator. erly grave very It is a theirs. matter news value of the cut author’s pronounce to rights; court forfeiture postpone his across but that property. of an author’s extinguishes intellectual I say not to it is that them.1 cannot conclude such a is result judgment my which re rule warranted here. quires a to “limited” be to plaintiff-appellant comes to the property avoid forfeiture having courts without contributed one wholly published inap the material is appropriate. it to iota to the work seeks posite here.2 can no limited There gathered compiled It has not even “news”; publication of “news” contrary, it seeks —on everyone’s Chicago property. Compare is to present to force Rickover collect and v.Co. Tribune Associa Record-Herald it all of them. This tion, Cir., 1921, litigation every F. 798. But aspect is a its remains, deserves to fail. what after news value Kimmell, Cir., 1952, Monthly Cf. Atlantic Post Pub F.2d Co. v. requirement subject lishing Co., D.C.D.Mass.1928, has been even 27 F.2d qualification. 556, dealing copyrighted magazine with a See Werckmeister v. Co., “political Lithographic Cir., article also American which was ‘news’ of important character,” page F. L.R.A. 591. It is most evident id. at cases, treating copyright, my view, and others from these Such questions, the notion of “limit” same should no bar to bona fide contem assumption upon poraneous quotation by press, it is with- rests wheth prevent any power express permission of the author er or is permits given. When he circulation of work. pertinent dissemination, it becomes some characteristically motives, inquire 2. This test is invoked into his examine distribution, prepublication where there has and to extent literary recipients. circulation of or musical work character consider promotional purposes, g., e. Hirshon which is deemed too wide- Dissemination Corp., 1957, punished by spread Artists forfeiture. Such U.S. quite Ilyin my view, App.D.C. 217, inquiries, irrele- F.2d leading Publications, Inc., case of- vant Avon D.C.S.D.N.Y. pronouncements F.Supp. ficial, whose is sometimes have —and are intended limited matters that dissemination must be said group class, dissemination as news. have —wide ascertained White some notes obtaining without

Case Details

Case Name: Public Affairs Associates, Inc., Trading as Public Affairs Press v. Vice Admiral Hyman G. Rickover

Court Name: Court of Appeals for the D.C. Circuit

Date Published: Oct 20, 1960

Citation: 284 F.2d 262

Docket Number: 15463_1

Court Abbreviation: D.C. Cir.