Toksvig v. Bruce Publishing, 181 F.2d 664.docx

Toksvig v. Bruce Publishing, 181 F.2d 664.docx - Toksvig v...

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Toksvig v. Bruce Pub. Co. et al, 181 F.2d 664 (7th Cir. 1950) :: Justia 9-11 minutes US Court of Appeals for the Seventh Circuit - 181 F.2d 664 (7th Cir. 1950) This is a suit for damages and to enjoin infringement of plaintiff's copyright in her biography, "The Life of Hans Christian Andersen." The action was brought under the Copyright Act of 1909, 17 U.S. C.A. § 1 et seq. The trial judge made detailed findings of fact and awarded judgment to plaintiff and against defendants Bruce Publishing Company and Margaret Ann Hubbard, and enjoined defendants from publishing the infringing book, "Flight of the Swan," as long as it contained the language which infringed upon plaintiff's copyrighted book. Plaintiff's book was copyrighted February 15, 1934. Hubbard's book is a novel based on the life of Hans Christian Andersen. It was published by Bruce Publishing Company in December, 1946. The research by plaintiff in connection with her book took three years and was done exclusively from Danish sources including the original works and letters of Andersen and conversations with persons having knowledge of matters and incidents pertaining to the life of Andersen. Hubbard does not speak or read Danish. Her work or research was confined to English sources and consumed not more than eleven months or a year, in the course of which she read and made use of plaintiff's book. Judge Duffy found that certain passages contained in Hubbard's "Flight of the Swan" constituted an infringement of plaintiff's copyright. It would serve no useful purpose to set forth the evidence upon which the findings are based. It will be enough to say that the record discloses infringement as to certain general concepts of Andersen and his life and friends as set forth for the first time in plaintiff's book, and in the copying of 24 specific passages of plaintiff's book. There was substantial evidence to support the findings. Defendants make the point that the material used by Hubbard was not subject to copyright by plaintiff because it had become part of the public domain. The argument is that plaintiff's book is but an English biography of Andersen, and the facts in his life were in the public domain; that Hubbard took from plaintiff's book only that which appeared in quotations, which she
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  • Fall '19
  • Margaret Ann Hubbard

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