Gross v. Seligman
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from an order of the District Court, Southern District of New York, enjoining defendant from publishing a photograph. The suit is brought under the provisions of the Copyright Act. One Rochlitz, an artist, posed a model in the nude, and therefrom produced a photograph, which he named the “Grace of Youth.”
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Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from an order of the District Court, Southern District of New York, enjoining defendant from publishing a photograph. The suit is brought under the provisions of the Copyright Act. One Rochlitz, an artist, posed a model in the nude, and therefrom produced a photograph, which he named the “Grace of Youth.” A copyright was obtained therefor; all the artist’s rights being sold and assigned to complainants. Two years later the same artist placed the same model in the…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts as above). This is not simply the case of taking two separate photographs of the same young woman.
*931When the Grace of Youth was produced a distinctly artistic conception was formed, and was made permanent as a picture in the very method which the Supreme Court indicated in the Oscar Wilde Case (Burrow-Giles Company v. Sarony, 111 U. S. 53, 4 Sup. Ct. 279, 28 L. Ed. 349) would entitle the person producing such a picture to a copyright to protect it. It was there held that the artist who used the camera to produce his picture was entitled to copyright just as he would…
2Cases cited1 opinion
- Burrow-Giles Lithographic Co. v. SaronySupreme Court of the United States · 1884
3Cited by26 opinions
- Fleischer Studios, Inc. v. Ralph A. Freundlich, Inc.Court of Appeals for the Second Circuit · 1934
- Gerlach-Barklow Co. v. Morris & Bendien, Inc.Court of Appeals for the Second Circuit · 1927
- Ansehl v. Puritan Pharmaceutical Co.Court of Appeals for the Eighth Circuit · 1932
- SHL Imaging, Inc. v. Artisan House, Inc.District Court, S.D. New York · 2000
- Millworth Converting Corporation, Plaintiff-Respondent v. Joseph Slifka and Sylvia Slifka, Etc.Court of Appeals for the Second Circuit · 1960
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