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Miss Noble Canada 12222
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He was advised of defendant's interest but informed that the material would have to be "rigidly his own. Wilson it was agreed that he would write his own book on southern gardening using the title "Your Garden in the South" which had been originally chosen by Mrs. Wilson for the proposed book by Miss Noble and Mr. A contract was entered into on June 12, When plaintiff learned of this venture in August, she objected to defendant's publishing Mr.
Mason's proposed book. She contended that it necessarily would be based upon their joint research. She indicated that both she and Mr. Mason had drawn upon the joint material for their individual newspaper and magazine articles, but she definitely opposed his proposed publication in a book form.
In November plaintiff's father, a Florida attorney, communicated with defendant on the plaintiff's behalf and was advised by defendant's president that he understood Mr.
Mason's book was not the direct outgrowth of a collaboration but was an original work. Noble thereupon wrote defendant as follows:. Thereafter upon the submission of Mr. Various advertising ventures were undertaken; circulars were mailed to various book distributors; the book was listed in the defendant's catalogue indicating it would be available in October and other expenses were incurred in the preparation of the book itself.
The evidence presented shows that the written text prepared by Mr. Mason, now in page proof form, was entirely the language and creation of Mr.
Only one chapter on the subject of bulbs had been prepared for the proposed Noble-Mason venture, and it is undenied that Mr. Mason's writing on this subject is completely different. The outline of chapters contained in the Mason book differs from that of the proposed joint venture. The zone areas contained in Mr. Mason's book differ from the zone areas originally planned for the joint venture.
The charts in Mr. Mason's book differ from the original charts by wording and arrangement although covering a great deal of the basic material contained in the joint project charts. The evidence shows that Mr.
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Mason wrote his book in approximately a five-month period. While he was probably able within such period to research certain material contained in his book and to prepare the manuscript, the conclusion is inescapable that in writing his book Mr. Mason drew upon the material which had been part of the joint venture with Miss Noble. Certainly he drew upon the material he had individually and jointly researched with Miss Noble, and it is doubtful that he did not also draw upon some of the material assembled by the plaintiff. To eradicate from his mind information obtained through the joint study Mr.
Mason conducted with Miss Noble is incredulous. It would involve a brainwashing which is undoubtedly impossible. Plaintiff contends that if Mr. Mason's book is published her professional reputation and earning power will suffer irreparable damage and an action for an accounting for royalties would not properly compensate her. Mason could not have written his book without drawing upon the information contained in their joint research and that he should be restrained from such use. She further claims that the defendant conspired with Mr. Mason to induce him to write the book knowing he would use material jointly researched with her and having done so the defendant comes into this court with unclean hands.
The defendant denies the alleged conspiracy asserting that in dealings with Mr. Mason he was instructed that the material contained in his book must be rigidly his own. The defendant contends that the evidence clearly shows that Mr. Mason's book was not based on any writings of Miss Noble, and that plaintiff has no right to restrain Mr.
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Mason from using their joint research data. It is further contended that both Miss Noble and Mr. Mason used their joint research material for their individual newspaper articles, magazine articles and lectures without objection and with implied consent to do so. The defendant contends that by using the joint material for her own newspaper and magazine articles, the plaintiff comes into this court with unclean hands when she objects to publication by the defendant of Mr. Mason's book. Finally the defendant asserts that the plaintiff is guilty of laches, since, although she knew defendant was going to publish Mr.
Mason's book in August , she did not institute this injunctive proceeding until August , after defendant had expended several thousands of dollars and now has the book printed in page proof form. It is well established that an interlocutory injunction should not issue if the plaintiff's asserted rights are not clear as a matter of law.
Citizens Coach Co. Camden Horse R. City of Newark, 95 N. Gem Vacuum Stores, 36 N. In the instant case it is undisputed that we are not concerned with the piracy of literary property owned by the plaintiff in the form of an unpublished manuscript. It was the compilation of data in preparation for the joint writing of a book on the subject a book which was never written.
There is no question but that both the plaintiff and Mr. Mason jointly owned the research data. Does such a joint ownership give to either the plaintiff or Mr. Mason the right to bar each other from using the product of their joint efforts?
The facts presented to this court apparently constitute a case of novel impression. Neither the research of counsel nor of this court has produced a judicial decision which squarely meets the issue presented. This being so it has been necessary to review the history and judicial decisions relating to the subject of co-authors and their respective rights as developed in the law of copyrights. The English doctrine concerning the rights between co-owners of a literary work is that no co-owner may exploit his interest, either through use or license, without the consent of the other.
Powell v. Head, 12 Ch. An early American attempt to settle the problems of the rights of one co-owner against another was the case of Carter v.