OPINIONS OF THE ATTORNEY GENERAL SUBJECT Copyright proclamations, rights of foreign authors. Date of President's proclamation__ Deposit of complete book required. Importation of copyrighted book.. Labels and prints for articles of manufacture_ Reimportation of copyrighted book rebound abroad.. Typewritten copies of a book.. TREASURY DECISIONS Books of music_ 506 Importation of a book upon abandonment of copyright_ 1909-10, p. 62. Importation of translations of American copyrighted books. Films-Moying pictures-Pirated copies. Newspapers bound into books... 1909-10, p. 63. 507 511 DECISIONS OF THE COURTS INVOLVING COPY RIGHT-THIRD SERIES, 1918-1924 ALTMAN v. NEW HAVEN UNION CO. (District Court, D. Connecticut. November 2, 1918) 254 Fed. Rep. 113 1. COPYRIGHTS-SUIT FOR INFRINGEMENT EVIDENCE. In a suit for infringement of copyright, a receipt given by complainant on settlement with another infringer, from whom defendant obtained the photograph which it copied, held not admissible as a defense, although competent as bearing upon the equiities between the parties; the rule being no different in copyright cases than in other actions. 2. COPYRIGHTS-SUBJECTS OF COPYRIGHT-PHOTOGRAPH. A photograph of a high-school class, made under an arrangement by which the photographer was to receive for his work only the proceeds of such copies as he might sell, held copyrightable by him. 3. COPYRIGHTS INFRINGEMENT JOINT INFRINGERS. One who obtained and published a copy of a photograph, which was an infringement of a copyright, but without knowledge of the fact, was not a joint, but an independent, infringer. 4. COPYRIGHTS-SUIT FOR INFRINGEMENT-DEFENSES. That defendant innocently published a copy of a photograph, and had no knowledge that it was copyrighted, is not a defense to a suit for infringement of the copyright. In Equity. Suit by Charles Albert Altman against the New Haven Union Company. Decree for complainant. Arthur W. Chambers, of New Haven, Conn., for plaintiff. Philip Pond, of New Haven, Conn., for defendant. THOMAS, District judge. This is a bill alleging infringement of a copyrighted photograph, containing the usual prayer for an injunction and damages, and the action is based upon the provisions of the copyright law of March 4, 1909, c. 320, 35 Stat. 1075, as amended by act August 24, 1912, c. 356, 37 Stat. 488; act March 2, 1913, c. 97, 37 Stat. 724; and act March 28, 1914, c. 47, 38 Stat. 311 (Comp. St. 1916, sec. 9517 et seq.). 1 The answer is in effect a general denial, and sets up certain facts which show the circumstances under which the picture was printed, all of which amount to a confession and avoidance of the claims of the plaintiff, that the photograph was not copyrightable, and that the plaintiff was paid in full by reason of the receipt given for $300 in settlement of a suit in this court entitled Altman v. New Haven Printing Co. et al. The relevant facts upon which this decision must be based are found to be as follows: The graduating class of the New Haven High School of 1914, acting through a committee duly appointed, arranged with the New Haven Printing Company to print its Class Book, which was to contain, among other things, a group photograph of the class. In order to secure this photograph, a committee of the class was appointed to make the necessary arrangements, to the end that a proper photograph could be secured, which could also be sold separately to such of the individual members of the class as desired to secure u copy. After conferring with various photographers, arrangements were finally made with the plaintiff, whereby he was to take the picture of the class on the front steps of the high school building, and for which he was to receive $1.50 for each photograph sold to such members of the class as desired to purchase a copy at that price. The plaintiff was under no other contract as to price than as stated; i. e., no arrangement or contract was made whereby he was to receive any pay for his services as a photographer. At the appointed time the class, some 500 in number, assembled on the front steps of the high school. The plaintiff is, and has been for some years past, one of the leading photographers of the city, and has had a wide and varied experience in taking all kinds of indoor and outdoor photographs, and thoroughly understands the art. He grouped the members of the class, arranged their positions, and did all of the work necessary to secure a proper negative, from which an acceptable photograph could be made, and which resulted in a pleasing, satisfactory, and, so far as such a production may be, an artistic photograph, at least sufficiently so as to bring it within the realm of those things which may be copyrighted in accordance with the provisions of the copyright law of 1909, as amended. As soon as the photograph was developed, steps were immediately taken by the plaintiff to protect his rights in the same by applying to the Copyright Office in Washington, and pursuant to the steps so taken, and in conformity with law, on May 23, 1914, plaintiff received his certificate of registration under the seal of the Copyright Office. The negative from which the photographs were printed was marked by the plaintiff in conformity with the provisions of law, so that all photographs made from the negative were properly and legally marked. In due time the proper members of the class committee submitted the photograph to the New Haven Printing Company for entry in the Class Book. The photograph was too large, and it was decided that it was necessary to cut the picture down; hence the members of the committee having charge of the matter cut the top and bottom of the photograph off. In doing so, all of the background and foreground were taken away, leaving only the members of the class, with a scant margin around the four sides of the picture. In cutting off the top or background of the picture, all of the High School Building shown in the original disappeared, and in cutting away the front or foreground, all of the street and some of the sidewalk disappeared, and with them the copyright marks: " Altman, New Haven, Conn. N. H. H. S. 1914." In this reduced condition the photograph was taken by the class committee to the Stoddard Engraving Company, which made a copper cut from which the New Haven Printing Company printed the pictures. But it was finally decided that, instead of including the picture as part of the book, it should be printed separately and distributed with the book to each member of the class purchasing the book, and some 350 or more were thus printed by the New Haven Printing Company and distributed to the members of the class. This reduced the sale of photographs the plaintiff expected to make, because by purchasing the class book each member thereby secured a copperplate photo identical with the original photo, except for the trimming and cutting off as above described. In fact, the sales by the plaintiff of his original photograph were so few as to make them negligible. |