County of Ventura v. O. v. Blackburn
Opinion
Opinion
Jertberg, J.
Before us is an action for damages for infringement of copyright in a map, and for an injunction under 17 U.S.C. § 101 . Jurisdiction is vested in the District Court under 17 U.S.C. § 101 and 28 U.S.C. § 1338 .
Plaintiff below, appellee in this court, is the proprietor of a certain map of Ventura County, California, entitled “Blackburn’s Map of Ventura County, copyrighted, compiled and published by O. V. Blackburn.”
Defendant below, appellant in this court, is a political subdivision of the State of California.
Trial of said action was to the court. The District Court held that plaintiff Blackburn had a copyright in the map under the laws of the United States, and that the defendant, County, had infringed that copyright by failing to affix a notice of Blackburn’s copyright to copies of the map reproduced by the County under an agreement with Blackburn. In-junctive relief was denied and damages were awarded against the County and in favor of Blackburn in the amount of $13,100.00. During the trial, in open court, Blackburn waived any and all claims for damages resulting from any profit which may have been made by the County in the sale of said maps. The District Court further…