Moore v. Lighthouse Pub. Co., Inc.

429 F. Supp. 1304, 1977 U.S. Dist. LEXIS 16515
CourtDistrict Court, S.D. Georgia
DecidedApril 5, 1977
DocketCiv. A. CV476-266
StatusPublished
Cited by1 cases

This text of 429 F. Supp. 1304 (Moore v. Lighthouse Pub. Co., Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moore v. Lighthouse Pub. Co., Inc., 429 F. Supp. 1304, 1977 U.S. Dist. LEXIS 16515 (S.D. Ga. 1977).

Opinion

OPINION AND ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFFS’ REQUEST FOR PRELIMINARY INJUNCTIVE RELIEF

LAWRENCE, District Judge.

I

This action is brought for infringement of copyright pursuant to 28 U.S.C. § 1338(a). Plaintiffs seek injunctive relief and damages, claiming substantial similarity and identicality between its guide map of Savannah and the allegedly infringing map of Lighthouse Publishing Company.

The defendant has filed a motion for summary judgment based on the pleadings, exhibits and an affidavit in which the commercial art student who prepared defendant’s map of Savannah and environs stated that it was his “sole creation” based on independent, artistic efforts, and was not a copy or reproduction, substantially or otherwise, of any pre-existing drawing or map.

The motion was orally argued and briefs submitted in December, 1976. In lieu of ruling on the motion, evidentiary hearings were held on December 28, 1976 and January 11, 1977. Both sides agree that the evidence developed is complete and that it is sufficient for a decision. Before this Court is defendant’s motion for summary judgment and the matter of relief by way of grant of a preliminary injunction against infringement.

The genesis of this litigation appears to be the surge of tourism that Savannah has enjoyed in recent years. On or about March 1, 1975, plaintiffs published the first issue of “Savannah’s Sights & Sounds.” A pocket-size tourist guide about twenty pages in length, the publication features advertisements of restaurants, lounges, nightclubs, gift and craft shops, scenic tours, banks, a calendar of events, directory and short articles or comments with emphasis on Savannah’s historic past.

“Sights & Sounds” features an illustrated map (with accompanying legend) depicting the older section of Savannah and the city’s environs. It is intended as an aid to tourists and conventioneers in finding their way to points of interest in and around town and to business establishments' among plaintiffs’ clientele. The. map is a double page affair. See copy attached to this Opinion. The map shows the streets and squares in Old Savannah with certain landmark buildings, structures and places in the city and its vicinity. They include forts, resorts and major highways. Buildings are *1307 depicted by small line drawings which identify the particular building or place of interest. Plaintiff’s monthly publication is distributed free at various business locations.

Each number of “Sights & Sounds” has been copyrighted. Notice of the copyright is contained in the guide with a statement forbidding “publication or copying of material herein without express permission of the publishers.” The map itself is not copyrighted individually. 1

Prior to the publication of the first issue of “Sights & Sounds” Timothy M. Reed and Robert H. Moore consulted Sophia White who is the proprietor of Ladyprint Shop which specializes in the graphic arts. An architect, Mark Lindsey, had prepared a map for her which she testified was “designed to get people in and out of Savannah.” It was copyrighted by Ladyprint in 1973 as a pictorial illustration rather than as a map. The publishers of “Savannah’s Sights & Sounds” sought permission to use it. Miss White testified in that respect:

“Mr. Reed and Mr. Moore came in in 1974 and asked permission to use our map. They had a copy of the reproduction in hand. I looked at them and smiled and said you can’t afford it. I had published tourist guides for two or three years and knew some of the needs. Our map was developed for the purpose of getting people in and out of Savannah. I suggested that Ladyprint approach Mark with the idea that a map similar to this one or with certain changes could be sold to Sights & Sounds so that the artist and Ladyprint could receive compensation. And, we set a price contingent on the artist’s approval. I approached Mark and gave him the changes. He said it will be as easy to draw another one. I gave it to Sights & Sounds and received compensation for it. Ladyprint received eompensation for the use and in turn paid the artist.” A total of $250 was paid by “Sights & Sounds.”

II

The first issue of “The Savannahian” appeared in October, 1976. In format it is similar to “Sights & Sounds” but is longer in content because of inclusion of articles on various topics contributed by local writers. “The Savannahian” carries a two page, ready reference map of the historic area of Savannah and the environs. As in the case of the “Sights & Sounds” map, certain outlying areas of the city are greatly compressed. Defendant’s map was prepared by a commercial art student. He reiterated in his testimony that the map was his “sole creation” and was not a copy of any prior drawing or map. He said that he did not have to look at the buildings in order to draw the symbolic representations of landmarks that appear on his version. There are a number of duplications and near duplications in the two maps. The line drawings of buildings etc. are quite similar in method and appearance to those in “Sights & Sounds.”

Attached to this Opinion [see Appendix] are the “Sights & Sounds” map, the “The Savannahian” map and the one prepared for and copyrighted by Ladyprint Shop. Plaintiffs say that defendant’s map is a copy of the “Sights & Sounds” map and endeavored to prove that proposition by adjusting or reducing them to the same scale and using overlays. The common errors in both maps are enumerated in an affidavit by Timothy M. Reed, one of the plaintiffs. The inaccuracies referred to eliminate, plaintiffs contend, any possibility of coincidence in the way of independent *1308 effort by defendant’s cartographer. They are as follows:

(1) Abercorn Expressway at Oasis Village does not go over 1-95 as shown on both maps. It goes under 1-95;
(2) Dean Forest Road does not go under 1-16 as shown on both maps. It goes over 1-16;
(3) 1-16 does not go over 1-95 as shown on both maps. It goes under 1-95;
(4) Jefferson Street does not run west of the Civic Center as is shown on both maps. It deadends into the Civic Center parking lot;
(5) Both artists left the street immediately to the east of Jefferson Street blank. It should be labeled “Tattnall Street”. (This was corrected on the map appearing in the issue of defendant’s publication for December,' 1976).

Three of these inaccuracies appear on the Ladyprint map. The other two have their source in the “Sights & Sounds” map which was prepared by the same architect. The Ladyprint version is, in conception and execution, similar to both the “Sights & Sounds” and defendant’s maps. The main difference I perceive is that in the Lady-print map the squares and streets are drawn to a smaller scale and the cartographer did not use drawings of any historic buildings located between the south side of Bay Street and Forsyth Park. Had he added the same drawings found in the “Sights & Sounds” version representative of Christ, St.

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Bluebook (online)
429 F. Supp. 1304, 1977 U.S. Dist. LEXIS 16515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-lighthouse-pub-co-inc-gasd-1977.