National Geographic : 1902 Dec
THE COPYRIGHT OF A MAP OR CHART 443 OTHER LEGAL DECISIONS A survey of a shoal made by plaintiff at his own expense, and used as the basis of a map copyrighted by him, does not become a public document by being deposited in the Navy Department for the use of the government, so that a third person may also use it as the basis of a map (Blunt vs. Patten, Fed. Cas. 1579; 2 Paine, 393). Copyright, being an incorporeal personal right, is not liable to be seized by sheriff in execution, etc. Even when one has obtained a copper-plate under an execution he is not thereby entitled to print and publish copyrighted matter therefrom (Stephens vs. Cady, 55 U. S., 14 How., 528;14L.Ed., 528 ; Fed. Cas. 13400; Stevens vs. Gladding, 58 U. S., 17 How., 447; 15 L. Ed., 155). The profits, however, may be reached by a creditors' bill. The right of an author or of a proprietor under the copyright law is infringed only when other persons produce a substantial copy of the whole or of a material part of the book or other thing for which he secured a copyright ; but any one by his own labor, etc., may make a new map, and where, therefore, the owner of a copyright for maps of certain wards of the "city of New York, surveyed under the direction of insurance companies of said city, which exhibit each lot and building, and the classes as shown by the different coloring and characters set forth in the reference," brought his bill to restrain the publication of similar maps of the city of Philadelphia, the court held that the bill could not be sustained (Perris vs. Hexamer, 99 U. S., 674; 25 L. Ed., 308). To maintain an action the complainant must show that his map has been copied. The statement has been made that occasionally some map-makers intentionally introduce slight errors in order to more effectually catch the unwary infringer. I see, as i a map, the end Appearance of such an intentional error has been held Isee,asin a map,theend of all.-Richard III. evidence of copying. From the identity of the inac curacies, it is impossible to deny that the one was copied from the other verbatim et literatim (Longman vs. Winchester, 16 Ves., 269. See also Murray vs. Bogue, i Drew, 366, and Lawrence vs. Dana, 2 Am. L. T . R ., N. s ., 402). The penalty for the infringement of a copyrighted map is $i for each copy found in the possession of the infringer, provided that the sum to be recovered in any one action shall not exceed $5,000. The plaintiff can also demand an accounting of the profits and obtain an injunction to prohibit further infringement. What ails us, who are sound, That we should mimic this raw fool, the world, Which charts us all in its coarse blacks and whites? -- Tennyson.