Legal Opinion

Bleistein v. Donaldson Lithographing Co.

Supreme Court of the United States

Decided February 2, 1903No. 117PublishedCited by 268 opinions

ERROR TO THE CIRCUIT COUKT OF APPEALS FOR THE SIXTH CIRCÜIT. The case is stated in the opinion of the court. “ The Court: Now as to the other two. “ Counsel: The specific objection to this one, the Ballet, is that it is an immoral picture. “ And the general objection that I make to them all is that they are none of them subject matter of copyright. They are all mere matter of advertising.”

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ERROR TO THE CIRCUIT COUKT OF APPEALS FOR THE SIXTH CIRCÜIT. The case is stated in the opinion of the court. “ The Court: Now as to the other two. “ Counsel: The specific objection to this one, the Ballet, is that it is an immoral picture. “ And the general objection that I make to them all is that they are none of them subject matter of copyright. They are all mere matter of advertising.” The next day the court delivered a written opinion which con- , eludes as follows : “ The case must turn upon the others (other questions), and especially upon the general proposition that the things…

1Opinion of the CourtJustice Holmes

This case comes here from the United States Circuit Court of Appeals for the Sixth Circuit by writ of error. Act of March 3, 1891, c. 517, § 6, 26 Stat. 828. It is an action brought by the plaintiffs in error to recover the penalties prescribed for infringements of copyrights. Rev. Stat. §§ 4952, 4956, 4965, amended by act of March 3, 1891, c. 565, 26 Stat. 1109, and act of March 2, 1895, c. 194, 28 Stat. 965. The alleged infringements consisted in the copying in reduced form of three chromolithographs prepared by employes of the plaintiffs for advertisements of a circus owned by one…

2Cases cited4 opinions

  1. Burrow-Giles Lithographic Co. v. SaronySupreme Court of the United States · 1884
  2. Gill v. United StatesSupreme Court of the United States · 1896
  3. Belford v. ScribnerSupreme Court of the United States · 1892
  4. Blunt v. PattenU.S. Circuit Court for the District of Southern New York · 1828

3Cited by268 opinions

  1. Feist Publications, Inc. v. Rural Telephone Service Co.Supreme Court of the United States · 1991
  2. Community for Creative Non-Violence v. ReidSupreme Court of the United States · 1989
  3. Campbell v. Acuff-Rose Music, Inc.Supreme Court of the United States · 1994
  4. Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
  5. Mazer v. SteinSupreme Court of the United States · 1954

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