King Features Syndicates v. Fleischer, 299 F.2d 533 (1924) p.264
The plaintiff was engaged in the creation and syndication to daily newspapers of a copyrighted comic strip. The defendnat manufactured and sold a toy which was an exact reproduction of the comic.
The district court denied a preliminary injunction, but the court of appeals reversed.
Was the reproduction copyrightable itself, or was it an infringement?
A comic strip character is copyrightable and cannot be reproduced in three dimension without violating the copyright.
Even through the defendant had not plagiarized all of the comic strip or all of its principal charaters, it had infringed by copying the character.
Differences which relate to size and material are not important. The Copyright Act was intended to prohibit the taking of this conception.