Child v. New York Times Co.

HAZEL, District Judge.

This action is brought against the New York Times Company to recover a penalty under the provisions of section 4965, Rev. St., amended by the act of 1895 (2 Supp. Rev. St. p. 437), for infringement of a copyrighted photograph. The plaintiff seeks to recover, pursuant to that section, the sum of’ one dollar for a number of copies-of the New York Times purchased by him containing the alleged infringing photograph. The copies of the paper produced upon the trial, and therefore the sole evi*528dence upon which the judgment rests, were not seized for purposes of forfeiture and…