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FRANKLIN MINT CORP. v. NAT. WILDLIFE ART EXCHG.

Nos. 77-1525-77-1527.

575 F.2d 62 (1978)

FRANKLIN MINT CORPORATION, Appellant in 77-1527, v. NATIONAL WILDLIFE ART EXCHANGE, INC. and Ralph H. Stewart. NATIONAL WILDLIFE ART EXCHANGE, INC., Appellant in 77-1526, v. The FRANKLIN MINT GALLERY OF AMERICAN ART, INC. Appeal of NATIONAL WILDLIFE ART EXCHANGE, INC., and Ralph H. Stewart, in 77-1525.

United States Court of Appeals, Third Circuit.

Decided April 17, 1978.

Attorney(s) appearing for the Case

William C. McCoy, Jr., Bosworth, Sessions & McCoy, Cleveland, Ohio, Theodore J. Martineau, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., for Nat. Wildlife Art Exchange, Inc., and Ralph H. Stewart.

Arthur H. Seidel, Roberta L. Jacobs, Seidel, Gonda & Goldhammer, Philadelphia, Pa., for Franklin Mint Corp.; R. E. LaPorte, Franklin Mint Corp., Franklin Center, Pa., of counsel.

Before ALDISERT, VAN DUSEN and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

Nearly two centuries ago, Lord Mansfield identified the conflicting interests underlying copyright law in his oft quoted warning:

"[W]e must take care to guard against two extremes equally prejudicial; the one, that men of ability, who have employed their time for the service of the community, may not be deprived of their just merits, and the reward of their ingenuity and labour; the other, that the world...

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