It is the position of the plaintiff in this case that one publication by a defendant may infringe several copyrights owned by a single proprietor, and further that separate publications by the same person of the same infringing matter could constitute as many infringements as there are publications. With these contentions we are in strict accord, Burndy Engineering Co. v. Sheldon Service Corp., D.C., 39 F. Supp. 274; L.A. Westermann Co. v. Dispatch Printing Co., 249 U.S. 100, 39 S.Ct. 194, 63 L.Ed. 499; Lindsay Brewster, Inc., v. Verstein, D.C., 21 F. Supp. 264; and it is conceivable that both the defendant's B-48 and C-50 catalogs might separately infringe any given number of the plaintiff's catalogs depending on the evidence educed by the plaintiff as to the facts and the presentation of its case in accord with the law. However, by no stretch of the imagination can we concur in still another proposition advanced by the plaintiff to the effect that each of the one hundred and sixteen alleged instances of copying by the defendant (this number has now been cut down to one hundred and six by the Court) in and of itself constitutes a separate infringement.
In Da Prato Statuary Co. v. Giuliani Statuary Co., C.C.Minn. 1911, 189 F. 90, at page 93, the court said: "The complainant having copyrighted its entire catalogue was entitled to the protection of the copyright law as to each cut contained therein; * * *.' Other cases have held likewise. National Cloak Suit Co. v. Kaufman, C.C.Pa. 1911, 189 F. 215; Lindsay Brewster, Inc., v. Verstein, D.C.Me. 1937, 21 F. Supp. 264; see Basevi v. Edward O'Toole Co., D.C.N.Y. 1939, 26 F. Supp. 41. The findings in the instant case, which are amply supported by the record, require the application of § 3 of the Copyright Act and the result is that nine of the plaintiff's component parts have been infringed in each of the catalogs published by the defendant in 1948 and 1950, making a total of eighteen infringements.
But plaintiff says Baker v. Selden has been overruled; that the scope of the copyright laws have been so changed and extended by Acts of Congress since that decision, it is no longer controlling. Davis v. Vories, 141 Mo. 234, 42 S.W. 707, 708; Perris v. Hexamer, 99 U.S. 674, 25 L.Ed. 308; Kennedy v. McTammany, C.C., 33 F. 584; Stowe v. Thomas, 23 Fed.Cas. pages 201, 207, No. 13,514; National Tel. News Co. v. Western Union Tel. Co., 7 Cir., 109 F. 294, 297, 60 L.R.A. 805; International News Service v. Associated Press, 248 U.S. 215, 39 S.Ct. 68, 63 L.Ed. 211, 2 A.L.R. 293; Advertisers Exch. v. Laufe, D.C., 29 F. Supp. 1; Lindsay Brewster, Inc., v. Verstein, D.C., 21 F. Supp. 264; Kraft v. Cohen, D.C., 32 F. Supp. 821; Deutsch v. Arnold, 2 Cir., 98 F.2d 686. As to the question here to decide, I do not agree with that view. I think it is controlling. This significant admission is made in plaintiff's brief: "The attention of the Court is further called to the fact that the Copyright Act, Title 17, Sec.
United States v. Germaine, 99 U.S. 508, 25 L.Ed. 482, and Burnap v. United States, 252 U.S. 512, 40 S.Ct. 374, 64 L.Ed. 692. It would be contrary to the intention of Congress here to absolve the higher administrative heads and assess all the costs and attorney fees to the Clerk who did their bidding. Lindsay Brewster, Inc., v. Verstein, D.C., 21 F. Supp. 264. The court is of the opinion that no injunction is necessary, except against reproduction of plaintiff's map by defendants personally or through their co-operation.
There was no misjoinder of causes, non-joinder or misjoinder of parties in the allegations of the plaintiffs' bill of complaint, and in accordance with the provisions of Title 17 U.S.C.A. § 25, the plaintiffs are entitled to the injunction which they seek and to the minimum statutory damages of two hundred fifty (250) dollars on each count. A decree may be entered in accordance with the prayer of the bill for an injunction and directing the defendant to pay the plaintiffs the sum of two hundred fifty (250) dollars on each count of the bill of complaint. Westermann Co. v. Dispatch Printing Co., 249 U.S. 100, 39 S.Ct. 194, 63 L.Ed. 499; Douglas v. Cunningham, 294 U.S. 207, 55 S.Ct. 365, 79 L. Ed. 862; Lindsay Brewster, Inc., v. Verstein, D.C., 21 F. Supp. 264. The decree will also provide for an attorney's fee of one hundred (100) dollars and the costs of suit. Title 17 U.S.C.A. § 40.