Legal Opinion

Burrow-Giles Lithographic Co. v. Sarony

Supreme Court of the United States

Decided March 17, 1884No. 1071PublishedCited by 259 opinions

IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was a suit for an infringement of a copyright in a photograph of one Oscar Wilde.

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IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was a suit for an infringement of a copyright in a photograph of one Oscar Wilde. The defence denied the constitutional right of Congress to confer rights of authorship on the maker of a photograph; and also denied that the surname of the proprietor with the initial letter of his given name prefixed to it (“ N. Sarony ”) inscribed on the photograph was a compliance with the provisions of the act of June 18th, 1874, 18 Stat. 78. The essential facts appear in the opinion of the court. The judgment…

1Opinion of the CourtJustice Miller

This is a writ of error to the Circuit Court for the Southern District of New York.

Plaintiff is a lithographer and defendant a photographer, with large business in those lines in the city of New York. .

The suit was commenced by an action at law in which Sarony was plaintiff and the lithographic company was defendant, the plaintiff charging the defendant with violating his copyright in regard to a photograph, the title of which is “ Oscar Wilde No. 18:” A jury being waived, the court made a finding of facts on which a judgment in.favor of the plaintiff was rendered for the sum of $600 for the…

2Cited by259 opinions

  1. Feist Publications, Inc. v. Rural Telephone Service Co.Supreme Court of the United States · 1991
  2. Eisner v. MacOmberSupreme Court of the United States · 1920
  3. Harper & Row, Publishers, Inc. v. Nation EnterprisesSupreme Court of the United States · 1985
  4. Myers v. United StatesSupreme Court of the United States · 1926
  5. Field v. ClarkSupreme Court of the United States · 1892

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