Rosenthal

Appellees, as plaintiffs in the United States District Court for the Southern District of California, were victorious over appellants, as defendants, the court holding, contrary to defendants’ claims, that the latter had infringed and were infringing plaintiffs’ work of cvrt copyrights upon four statuettes. The statuettes represent respectively an Egyptian male dancer, an Egyptian female dancer, a curved ballet male dancer, and a curved ballet female dancer, each clothed in character and posed upon a substantial base.

The parte of the copyright act applicable here are:

Section 5 of the same title provides the copyrightable classifications from subsections (a) to (m) inclusively. The classification involved in the three statuette cases referred to herein, is:

Appellants do not claim the right to copy or to vend the figures as statuettes. They admit the validity of the copyrights and that they are owned by appellees, but they do claim the right to make and to sell, and admit that they do make and sell, exact copies of the statuettes as copyrighted except for an unseen pipe extending from the bottom of the base through the length of the figure and obtruding very slightly above the…