Press Pub. Co. v. Falk
U.S. Circuit Court for the District of Southern New York
In Equity. Suit by the Press Publishing Company to restrain Benjamin J. Ealk and another from prosecuting an action at law for infringement of a copyright for a photograph, and other relief.
1Opinion of the Court
WHEELER, District Judge.
The orator is the publisher of the New York World; the defendant Ealk is a well-known photographer, of the city of New York; and the defendant Johnson, a prominent actress, well known by her theatrical name, “Marie Jansen.” He had taken several photographs of her, as a public person, in stage costumes and positions, and took one of her as she appeared in “Nadjy,” and copyrighted it. The orator published a sketch of her career in its Sunday edition, and illustrated it with cuts made fom photographs furnished by her, and, among others, with one from this photograph,…
2Cases cited8 opinions
- Burrow-Giles Lithographic Co. v. SaronySupreme Court of the United States · 1884
- May v. SloanSupreme Court of the United States · 1879
- Randall v. HowardSupreme Court of the United States · 1863
- Marsh v. Nichols, Shepard & Co.Supreme Court of the United States · 1891
- Falk v. Gast Lithograph & Engraving Co.Court of Appeals for the Second Circuit · 1893
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3Cited by18 opinions
- Metter v. Los Angeles ExaminerCalifornia Court of Appeal · 1939
- Yardley v. Houghton Mifflin Co.Court of Appeals for the Second Circuit · 1939
- Continental Optical Co. v. ReedIndiana Court of Appeals · 1949
- Maurel v. SmithCourt of Appeals for the Second Circuit · 1921
- Schellberg v. EmpringhamDistrict Court, S.D. New York · 1929
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