LITERARY PROPERTY (aside from copyright, trade-mark, and patent), the ownership by an author of his writings, apart from any connection with their publi cation or promulgation. In this sense the title is in the material and form of its subject, and not in any quality predicated on its market value; as, for instance, the abstract property which the author has in his unpublished play, and which, in this sense, is neither more nor less than that which inheres in the authorship of a letter. But it is to be observed that this property is not mere ownership; as in the case of an article which is a gift, a purchase, or a bequest. The title rests on the fact of creation, and is more akin to the interest which a father has in the productive capacity or earning faculty of his children than to anything else. To illustrate the specific distinction which character izes this species of property, it may be observed that the author who inscribes and pre sents a written copy of verses to his friend does not, by these acts, part with this peculiar title. The recipient may give away the copy of verses, that being his; but if,
by any chance, incident, or collusion, those verses are unade public, the one to whom they were given becomes liable to prosecution therefor. The law holds this property to be transferable, by bequest, or by regular order of succession, or absolute gift, clearly stated. It cannot be seized by creditors for publication, and its unauthorized publi cation will be restrained in equity. Literary property is held at common law, but in the United States the copyright act recognizes the right of property in any manuscript what ever, including private letters.