Amsterdam v. Triangle Publications, 10340
Citation | 189 F.2d 104 |
Decision Date | 25 May 1951 |
Docket Number | No. 10340,10348.,10340 |
Parties | AMSTERDAM v. TRIANGLE PUBLICATIONS, Inc. Appeal of AMSTERDAM. Appeal of TRIANGLE PUBLICATIONS, Inc. |
Court | United States Courts of Appeals. United States Court of Appeals (3rd Circuit) |
Joseph G. Denny, Jr., Philadelphia, Pa., for plaintiff.
Harold E. Kohn, Philadelphia, Pa. (Dilworth, Paxson, Kalish & Green, Philadelphia, Pa., on the brief) for Triangle Publications, Inc.
Before MARIS, McLAUGHLIN and HASTIE, Circuit Judges.
The plaintiff appeals from a judgment of the District Court for the Eastern District of Pennsylvania dismissing his complaint which sought damages for the infringement by the defendant of the copy-right of a map of Delaware County, Pennsylvania. The plaintiff, who does business under the trade name Franklin Survey Company, is a publisher of maps. He published and copyrighted the map in question in 1932. The defendant is the publisher of The Philadelphia Inquirer, a newspaper of large circulation. In the Sunday issue of The Philadelphia Inquirer of January 13, 1946, in a section known as "Everybody's Weekly", the defendant published a map of Delaware County in connection with an historical article relating to the county. The plaintiff's suit is based upon the publication of this map by the defendant which, he asserts, was copied from his previously copyrighted map. The defendant concedes the copying but contends that the plaintiff's map was not entitled to copyright, that the copyright is accordingly invalid, and that it was, therefore, free to copy the map. Whether the map was copyrightable is the sole question presented by the plaintiff's appeal.
Upon evidence which we regard as amply sufficient the district court made the following findings of fact with respect to the manner in which the plaintiff's map was prepared:
In considering the factual situation thus disclosed the opinion of the district court filed by Judge Bard, 93 F.Supp. 79, 82, states:
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