Therefore, both from proofs and admissions, the fact of infringement appears conclusive.
The defendants are contending that the copyright claimed would give plaintiff a monopoly on the articles themselves, which are described in its catalogues. There is nothing to that position, because no decree entered in this suit for plaintiff could in any manner interfere with the right of defendants to manufacture the articles themselves. It is the portrayal and description in their catalogues of the articles manufactured by defendants that is the subject matter of this suit. Had the defendants made their own computation of dimensions, sizes, and drawings of the articles they manufactured, instead of copying such dimensions, sizes, and drawings from plaintiff's catalogues, the plaintiff would have no cause of complaint. In other words, the fact that plaintiff has copyrighted its catalogues does not prevent defendants from doing their own cataloguing and including therein their own listings and illustrations, even though they be similar to those in the plaintiff's copyrighted catalogues. See Stecher Lithographic Co. v. Dunston Lithograph Co., D.C., 233 F. 601; Woodman v. Lydiard-Peterson Co., C.C., 192 F. 67, 70; Brightley v. Littleton, C.C., 37 F. 103; J.H. White Mfg. Co. v. Shapiro, D.C., 227 F. 957.
The contention by defendants that tabulations of sizes and dimensions are not subject to copyright is likewise untenable under the authorities hereinbefore recited. There is nothing to prevent the defendants making their own computation of sizes and dimensions, and inserting the results thereof in their own catalogue. This, however, they did not do. They merely copied the results compiled by the plaintiff.
As to the contention by the defendants that the illustration-drawings inserted in their catalogue are not the subject of copyright because they are not connected with the fine arts, the copyright statute will not bear any such interpretation. The Supreme Court held in Bleistein v. Donaldson, Lithographing Co., 188 U.S. 239, 250, 23 S. Ct. 298, 47 L. Ed. 460, that the words in the statute, "connected with the fine arts," 17 U.S.C.A. § 63, applied only to and limited the word "work" and had no limitation on the words "prints, cuts and engravings" contained in the copyright statute.
On the whole case, it is clear that the defendants have infringed plaintiff's copyright.
Findings of fact, conclusions of law, and decree in accordance herewith are filed; also a writ for the seizure of the infringing catalogues.
© 1992-2004 VersusLaw Inc.