Falk v. T. P. Howell & Co.
U.S. Circuit Court for the District of Southern New York
In Equity. Bill by Benjamin J. Falk against T. P. Howell & Co., a corporation, to restrain the infringement of a copyrighted photograph.
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In Equity. Bill by Benjamin J. Falk against T. P. Howell & Co., a corporation, to restrain the infringement of a copyrighted photograph. The plaintiff is a photographer, and has copyrighted a picture of Geraldine Ulmer as “Yum Yum,” in which she is represented as sitting upon the horn of the moon, while uttering the words, “We’re very wide awake, the moon and I;” it being intended thereby to illustrate a song sung by Miss Ulmer in the “ Mikado. ’.’ Defendant is engaged in the manufacture of chairs, and stamped a raised figure, like the picture, on the leather of which the bottoms and baeks of…
1Opinion of the CourtCoxe, J.
Since the decision of the supreme court in Burrow-Giles Co. v. Sarony, 111 U. S. 53, 4 Sup. Ct. Rep. 279, there can be no doubt that a photograph which has the artistic merits possessed by the complainant’s photograph is the subject of a copyright. The only question is, do the defendants infringe? That their design is copied directly from the copyrighted photograph is not denied, but it is urged that infringement is avoided, because it is larger than the photograph, and is stamped .on leather, and is intended for the bottom or back of a. chair. It is thought that this proposition cannot be…
2Cases cited1 opinion
- Burrow-Giles Lithographic Co. v. SaronySupreme Court of the United States · 1884
3Cited by9 opinions
- King Features Syndicate v. FleischerCourt of Appeals for the Second Circuit · 1924
- Loew's Incorporated v. Columbia Broadcasting SystemDistrict Court, S.D. California · 1955
- Geisel v. Poynter Products, Inc.District Court, S.D. New York · 1968
- Rogers v. KoonsDistrict Court, S.D. New York · 1990
- Jones Bros. Co. v. UnderkofflerDistrict Court, M.D. Pennsylvania · 1936
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