Stivers

This is an appeal from a judgment for appellees in a copyright infringement suit brought by appellant. Appellant is the owner of a copyrighted- book entitled “Stivers Studio Handbook No. 5” which contains numerous illustrations intended for use by advertising agencies and advertisers in the preparation of advertising material. Appellant distributed the book to potential users, including appellee Botsford, upon a loan basis, with the expressed intention that the illustrations therein would be extracted for use either by cutting the desired illustrations out of the Handbook or by reproducing them in some other fashion directly from the Handbook, at a royalty of one dollar for each subject “used.”

Concededly defendant Botsford incorporated eleven Illustrations from the Handbook in an advertisement prepared for ap-pellee Hotel, published in the San Francisco newspapers. Also, it is conceded that when the advertisement was published, payment of the eleven dollar fee had not yet been made to Stivers, although at the time the suit was brought (within a week after the appearance of the ad), appellee Bots-ford was processing the fee due thereon according to its normal procedure for…