SCHROEDER v. WILLIAM MORROW & CO.

Nos. 76-2205, 76-2206.

566 F.2d 3 (1977)

Charles E. SCHROEDER and Marion S. Schroeder, Plaintiffs-Appellants and Cross-Appellees, v. WILLIAM MORROW AND COMPANY and George Banta & Co., Defendants-Appellees and Cross-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 10, 1977.

Rehearing Denied October 7, 1977.

As Amended December 7, 1977.


Attorney(s) appearing for the Case

William E. Lucas, Howard H. Rogers, Jr., Chicago, Ill., for plaintiffs-appellants and cross-appellees.

George Gottlieb, New York City, Joseph T. Stachura, Glenview, Ill., for defendants-appellees and cross-appellants.

Before PELL, TONE and WOOD, Circuit Judges.


TONE, Circuit Judge.

In this action for infringement of a copyright on a gardening directory, some copying was conceded. The issue is whether it amounted to infringement or, as the District Court held, was permissible because limited to information in the public domain. We hold that infringement occurred.

Plaintiff Marion S. Schroeder was the compiler of The Green Thumbook, for which a concededly valid copyright was issued. Defendants are the publisher...

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