The opinion of the court was delivered by: BARD
This is a civil action to recover damages for the infringement of a copyright of a map and for counsel fees. On the basis of the pleadings and the testimony, I make the following special
1. The plaintiff is Lewis L. Amsterdam, trading as the Franklin Survey Co., a citizen and resident of Pennsylvania.
2. The defendant is Triangle Publications, Inc., a corporation which is doing business in Philadelphia, Pennsylvania.
3. This action is brought under the Copyright Act of March 4, 1909, c. 320, Sec. 1 et seq., 35 Stat. 1075, as amended, 17 U.S.C.A. § 1 et seq.
4. The plaintiff is a publisher of maps.
5. The defendant is the publisher of The Philadelphia Inquirer (hereinafter called Inquirer), a daily newspaper.
6. In 1932 the plaintiff published a map 32 1/2 inches x 26 3/4 inches entitled 'Map of Delaware County, Pa.'
7. In 1932 this map was entered with the Registrar of Copyrights, Washington, D.C.
8. The plaintiff complied with all requirements for registration of this map. On December 5, 1932 a copyright, Class F, No. 5259, was issued to the Franklin Survey Co.
9. The plaintiff retains all right, title and interest in and to this copyright.
10. To make this map, the plaintiff studied every map of Delaware County that he could find.
11. Neither the plaintiff nor anyone on his behalf made any actual surveys or investigations of any roads, county lines, township lines, creeks, rivers or railroad lines. All this information was obtained from other maps in the plaintiff's possession or in the possession of the township and municipal authorities.
12. The state highway route numbers were obtained from the State Highway Department.
13. With the exception of the names of a few very small secondary roads, which were obtained from the real estate developers,
all information shown on the plaintiff's map came from maps already in existence, although none of this information had been published previously on any one map.
14. The plaintiff spent considerable time and effort to assemble and prepare this information for publication but did very ...