Sarony v. Burrow-Giles Lithographic Co.
U.S. Circuit Court for the District of Southern New York
This was an action at law for the violation of the plaintiff’s copyright of a photograph of Oscar Wilde, which the defendant had copied by the process known as chromo-lithography. It was admitted on the trial that the plaintiff had taken all the -steps required by law to secure the copyright except to insert his Christian name in the notice, and there was no dispute as to the number of copies printed by the defendant, the value thereof, or the number on hand.
Read the full summary
This was an action at law for the violation of the plaintiff’s copyright of a photograph of Oscar Wilde, which the defendant had copied by the process known as chromo-lithography. It was admitted on the trial that the plaintiff had taken all the -steps required by law to secure the copyright except to insert his Christian name in the notice, and there was no dispute as to the number of copies printed by the defendant, the value thereof, or the number on hand. The notice of copyright on the plaintiff’s photographs was as follows: “Copyright, 1882, by N. Sarony.” A jury was waived, and the case…
1Opinion of the Court
Coxe, 3.
This is an action to recover—pursuant to section 4965 of the Revised Statutes—for the infringement of a copyright of a pho*592tbgtaph.. Two defenses are -interposed: First, that the act securing copyright protection to photographs is unconstitutional; second, that the plaintiff, in printing upon the'photograph the initial letter of his Christian name, N., instead of the name itself—Napoleon—has not given'the notice-required by the statute.
- Article 1, § 8, of the constitution vests in congress the power to make laws “to promote the progress of science and useful ‘arts by securing,…
2Cases cited25 opinions
- Baker v. SeldenSupreme Court of the United States · 1880
- Wheaton and Donaldson v. Peters and GriggSupreme Court of the United States · 1834
- Palmer v. . De WittNew York Court of Appeals · 1872
- Emerson v. DaviesU.S. Circuit Court for the District of Massachusetts · 1845
- Tompkins v. HalleckMassachusetts Supreme Judicial Court · 1882
20 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bentley v. TibbalsCourt of Appeals for the Second Circuit · 1915
- Stecher Lithographic Co. v. Dunston Lithograph Co.District Court, W.D. New York · 1916
- In Re Community Power & Light Co.District Court, S.D. New York · 1940
- West Publishing Company v. Mead Data Central, Inc.Court of Appeals for the Eighth Circuit · 1986
- West Publishing Company v. Mead Data Central, Inc.Court of Appeals for the Eighth Circuit · 1986