## Facts

- A publisher issued a monthly magazine containing an article and published it with proper copyright notice, thereby securing a valid copyright upon publication.
- The publisher did not deposit two copies in the Copyright Office or obtain registration until about fourteen months after publication.
- Before the publisher’s deposit and registration, respondents published and copyrighted a book containing material substantially identical to the magazine article.
- After obtaining registration, the publisher sued for infringement seeking injunctive relief and monetary recovery, including for infringement beginning with the book’s publication.
- The trial court ruled for the publisher; the court of appeals reversed on the ground that the publisher had not “promptly” deposited copies as required by statute.

## Issues

1. Under § 12 of the Copyright Act of 1909, does a proprietor forfeit the right to sue for infringement by failing to “promptly” deposit copies after publication with notice?
2. If infringement occurred before deposit and registration, may the proprietor maintain an infringement action once deposit and registration are completed before suit is filed?

## Decision

- The Supreme Court reversed the court of appeals and held the infringement action could be maintained.
- Mere delay in depositing copies does not, by itself, destroy the right to sue for infringement.
- Because deposit and registration were completed before the complaint was filed, the statutory prerequisite to maintaining suit was satisfied.
- The suit could proceed for injunctive relief and damages beginning from the publication of the infringing book, even though infringement began before deposit and registration.

## Legal Principles

- Under the 1909 Act, copyright is secured by publication with proper notice; deposit and registration are not prerequisites to the creation of copyright.
- Section 12’s command that copies be “promptly” deposited does not create an automatic forfeiture of enforcement rights for late deposit.
- The “no suit for infringement shall be maintained until” language establishes a precondition to filing/maintaining suit (deposit and registration), not a time bar cutting off claims for earlier infringements.
- Forfeitures of statutory copyright rights will not be inferred from doubtful language; clear congressional direction is required.

## Conclusion

The Court held that under the 1909 Act a proprietor who validly copyrighted a work by publication with notice does not lose the ability to sue merely because deposit and registration were delayed; once deposit and registration are completed before filing, an infringement action may proceed, including for infringements that began before those steps were taken.


Washingtonian Publ'g Co. v. Pearson, 306 U.S. 30 (1939)