Sawyer v. Crowell Pub. Co.

• Decision Date: 01 May 1944
• Docket Number: No. 265.,265.
• Parties: SAWYER v. CROWELL PUB. CO.
• Court: U.S. Court of Appeals — Second Circuit

142 F.2d 497 (1944)

SAWYER v. CROWELL PUB. CO.

No. 265.

Circuit Court of Appeals, Second Circuit.

May 1, 1944.

Myers & Guerin, of New York City (Joseph K. Guerin and Herbert Goldmark, both of New York City, of counsel), for appellant.

Moynihan & McKeown, of New York City (Edward V. McKeown and William R. Covington, both of New York City, of counsel), for appellee.

Before SWAN, CHASE, and FRANK, Circuit Judges.

SWAN, Circuit Judge.

This is a suit for copyright infringement of a map, for which a certificate of copyright was issued to the plaintiff, Mr. Sawyer, on April 22, 1930. The map was entitled "Great Circle Map showing Fairbanks, Alaska, a Geographical Center of Europe, Asia, America." A legend in small type stated "This map was originated and produced by Ernest Walker Sawyer," and in the lower right corner were the words "Copyright 1930 by Ernest Walker Sawyer." In 1931 the map was republished under circumstances hereafter to be stated as an official publication of the Department of the Interior. The plaintiff's complaint, filed December 2, 1939, charged the defendant with infringing the plaintiff's copyright by reproducing in the issue of "Collier's The National Weekly" for December 4th, 1937, in connection with an article on aviation, certain portions of the republished map. After trial to the court without a jury, the action was dismissed on the merits. This is an appeal from the judgment of dismissal.

The district judge wrote an opinion and made findings of fact substantially as follows: Mr. Sawyer was Executive Assistant to the Secretary of the Interior from March 1929 to March 1933. During the summer of 1929 he went to Alaska upon official business, and upon his return he requested Wilbur S. Wills, an employee in the Division of Surveys, General Land Office, Department of the Interior, to prepare the map which was later copyrighted by Mr. Sawyer. In the preparation of it Mr. Wills used the materials and facilities of the United States government and books, publications and scientific information on file in the Department of the Interior. He received no pay from Mr. Sawyer for his work on the map. The map was prepared as a result of and relating to Mr. Sawyer's work in Alaska in the course of his official duties. The information as to the continental outlines appearing on the map and as to the latitude and longitude of the cities located thereon was taken from maps, atlases and other publications on file in the Department, and such information was in the public domain. When the map was republished in 1931 certain additional information was included thereon, consisting of approximately eleven red lines and figures showing the mileage distances between Fairbanks and certain important cities located on the map. On the republished map the title of the copyrighted map was expanded by adding the words "and the Terminus of the Pacific Yukon Highway." It also bore the words "Map No. 8" and it will be so referred to hereafter. To the small type legend of the copyrighted map was added on Map No. 8 "Republished February 1st 1931 by permission by the Commissioners appointed for a study regarding the construction of a highway to connect the northwestern part of the United States with British Columbia, Yukon Territory, and Alaska," followed by the names of the three Commissioners of whom Mr. Sawyer was one. Map No. 8 carried the original 1930 copyright notice, and additional legends reading "Data obtained from official sources" and "The drafting and computations of this map have been verified by the United States General Land Office." No copyright was obtained or sought to be obtained by Mr. Sawyer for the additional matter included in Map No. 8. When completed Map No. 8 was engraved and printed by the United States Geological Survey, a bureau of the Department of the Interior. In an official publication of the Department entitled "General Information Regarding the Territory of Alaska," Map No. 8 is represented to be a Department of the Interior publication relating to Alaska. The map published by the defendant is a copy of portions of Map No. 8, namely, the lines and mileage distances between Fairbanks and nine other cities and the outlines of the continents and islands on which these cities are located. Beneath the defendant's map are the words "This map, showing air-line distances to Asiatic and Northern European cities, graphically illustrates Alaska's strategic position as the center of air lines of the future." The district court ruled as matter of law (1) t...