Allegrini v. De Angelis, Civil Action No. 3544.

• Decision Date: 12 December 1944
• Docket Number: Civil Action No. 3544.
• Citation: 59 F. Supp. 248
• Parties: ALLEGRINI et al. v. DE ANGELIS et al.
• Court: U.S. District Court — Western District of Pennsylvania

59 F. Supp. 248

ALLEGRINI et al. v. DE ANGELIS et al.

Civil Action No. 3544.

District Court, E. D. Pennsylvania.

December 12, 1944.

Vincent C. Veldorale, of Philadelphia, Pa., for plaintiffs.

William Steell Jackson, of Philadelphia, Pa., for defendants.

WELSH, District Judge.

Both parties to this action are manufacturers of art objects made from plaster, and are engaged in business in Philadelphia. The plaintiffs, as owner of two copyrights on designs of miniature religious shrines, have alleged infringement thereof by the defendants and demand an injunction and damages. The case differs somewhat from the usual copyright infringement in that the chief features of the designs in question consist of the statue of a religious saint and symbols having important significance to the communicants of the Roman Catholic faith. A proper determination of the issues involves an appreciation of the inspiration for the respective designs and the methods of adapting the symbols.

It is a matter of common knowledge, of which we may take judicial notice, that shrines have been established in many parts of the world by various Roman Catholic churches and orders. They are visited by great numbers of the faithful who desire small shrines, models or other facsimiles of the shrines which they have visited. Such articles are frequently especially blessed and by reason thereof have an additional religious importance to the owners.

One such shrine, known as Mary's Central Shrine, is appurtenant to the Immaculate Conception Chapel in Germantown and is in itself a well-known work of art. The central figure of the shrine is that of Mary, also referred to as the "Mother of Grace", "Our Lady of the Miraculous Medal", and the "Madonna of the Medal", flanked on both sides by relief models of the Miraculous Medal, and inscribed above with the words, "O Mary, conceived without sin, pray for us who have recourse to thee". The shrine, with its component symbols, is a famous place of religious supplication, widely known, well attended, and having a special significance to many thousands of devout Christians.

The plaintiffs' copyright No. 21820 describes their design as the "Shrine of the Miraculous Medal with the statue of the Mother of Grace with a medal on each side of the shrine with a votive light in front." Copyright No. 23867 is of "The Light of the World. A shrine with a statue of Christ with a lantern in one hand and standing on top of steps, with two candles in front". It is alleged in the complaint filed that the defendants have infringed upon those copyrights by manufacturing and selling a shrine or group copied exactly, or very nearly, from the plaintiffs' copyrighted designs and arrangements.

There appears to be no doubt that the inspiration for the shrines in question is Mary's Central Shrine, inasmuch as the designs of both parties are composed of the figure of Mary as the central motif, flanked by the Miraculous Medal and inscribed with the same words. By reason of such resemblance a finding of infringement may not be assumed, because the principal elements of both designs are taken from a common source. The single issue, therefore, is as to whether the defendants' design is an infringement of the plaintiffs' copyright such as to require the granting of injunctive relief and the award of damages. The plaintiffs maintain the position that the copyright, being of a miniature shrine containing the figure, symbols and words described, is a single artistic composition and entitled, in its entirety, to the full protection of the copyright laws. The defendants contend, in addition to their denial of copying, that the central figure and symbols are artistic works now in the public domain, and that such religious emblems are not copyrightable. The exact questions do not appear to have been passed upon by the decided cases and we must be guided largely by the established principles of copyright law and the impressions obtained from an examination of the respective designs, both in their entirety and in their component parts.

The copyright laws protect not only the original works, but also reproductions of works in the public domain in different adaptations, arrangements or mediums of expression, and such protection extends to the old and the new matter in combination. This is on the theory that the original work plus the new matter constitutes a new work. A new and original plan, arrangement or combination of existing materials is sufficiently original to come within the copyright protection. Hoffman v. LeTraunik, D.C., 209 F. 375.

Upon this principle we find that the copyright of the plaintiffs' design is valid to the extent of the new features originated by the plaintiffs and the combination or arrangement of such new...