Legal Opinion

Pierce & Bushnell Manuf'g Co. v. Werckmeister

Court of Appeals for the First Circuit

Decided January 24, 1896No. 118PublishedCited by 10 opinions

Appeal from the Circuit Court of the United States for the District of Massachusetts. This was a suit in equity for infringement of a copyright in a painting entitled “Die Heilige Ciicilie.” The artist was Gustav Naujok, a citizen and resident of Germany.

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Appeal from the Circuit Court of the United States for the District of Massachusetts. This was a suit in equity for infringement of a copyright in a painting entitled “Die Heilige Ciicilie.” The artist was Gustav Naujok, a citizen and resident of Germany. The painting was completed in 1891. From January, 1892, to March, 1892, the picture was publicly exhibited by' the artist at Berlin, Germany; and at Munich, in the summer of 1892. Upon the 5th day of March, 1S92, Naujok made the following assignment: “I transfer hereby to the Photographische Gesellschaft in Berlin for my work ‘Die Heilige…

1Opinion of the CourtColt, Circuit Judge

(after stating the facts as above). This is a bill in equity for the infringement of a copyright in a painting. The court below directed a decree for the plaintiff (63 Fed. 445), and the case now comes before us on appeal.

It appears that the appellee, who was the plaintiff below, failed to *56inscribe upon some risible portion of the painting alleged to be copyrighted, or upon the substance on which the same was mounted, the notice required by the statute. Rev. St. § 4962; Act June 18, 1874 (18 Stat. 78, pt. 3); Act March 3, 1891 (26 Stat. 1106). This is made the ground of the first assignment…

2Cases cited6 opinions

  1. Burrow-Giles Lithographic Co. v. SaronySupreme Court of the United States · 1884
  2. Wheaton and Donaldson v. Peters and GriggSupreme Court of the United States · 1834
  3. Lawrence v. DanaU.S. Circuit Court for the District of Massachusetts · 1869
  4. Werckmeister v. Pierce & Bushnell Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1894
  5. Boucicault v. HartU.S. Circuit Court for the District of Southern New York · 1875

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3Cited by10 opinions

  1. American Visuals Corporation v. Frederick A. Holland and Sam SchwartzCourt of Appeals for the Second Circuit · 1956
  2. Kurfiss v. CowherdMissouri Court of Appeals · 1938
  3. De Jonge v. BreukerU.S. Circuit Court for the District of Eastern Pennsylvania · 1910
  4. Louis Dejonge & Co. v. Breuker & Kessler Co.Court of Appeals for the Third Circuit · 1911
  5. Freeman v. Trade Register, Inc.U.S. Circuit Court for the District of Western Washington · 1909

5 more not listed; retrieve them via the Exa API.

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