United States v. Hamilton - 583 F.2d 448 (9th Cir. 1978)

Rule:

Elements of compilation which amount to more than a matter of trivial selection may, either alone or when taken into consideration with direct observation, support a finding that a map is sufficiently original to merit copyright protection.

Facts:

Defendant was charged with two counts of willful and knowing infringement of a copyright in violation of 17 U.S.C.S. §104. Defendant admitted making and selling reproductions of a copyrighted map. The lower court found defendant guilty and imposed a fine. Defendant appealed on the grounds that the copyrighted map that defendant was convicted of reproducing was not original enough material to deserve a copyright. Defendant contended that the map in question was a compilation of material already in the public domain and therefore failed the originality component prerequisite for a valid copyright.

Issue:

Was a map sufficiently original to merit copyright protection?

Answer:

Yes.

Conclusion:

The court affirmed the defendant’s conviction. According to the court, although maps were many times compilations of existing material, the cartographer still holds discretion as to elements that may constitute sufficient originality to grant him a copyright.