Legal Opinion

American Tobacco Co. v. Werckmeister

Supreme Court of the United States

Decided December 2, 1907No. 28PublishedCited by 142 opinions

ERROR TO THE CIRCUIT COURT OF APPEALS FOR TH'E SECOND CIRCUIT. This is a writ of, error to the Circuit Court of Appeals for the Second Circuit, seeking reversal of a judgment affirming the judgment of the United States Circuit Court for the Southern District of New York in favor of the defendant in error, adjudging him to be entitled to the possession of 1196 sheets, each containing a copy of a certain picture called “Chorus,” the same' representing a company, of gentlemen…

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ERROR TO THE CIRCUIT COURT OF APPEALS FOR TH'E SECOND CIRCUIT. This is a writ of, error to the Circuit Court of Appeals for the Second Circuit, seeking reversal of a judgment affirming the judgment of the United States Circuit Court for the Southern District of New York in favor of the defendant in error, adjudging him to be entitled to the possession of 1196 sheets, each containing a copy of a certain picture called “Chorus,” the same' representing a company, of gentlemen with filled ■ glasses, singing in chorus. The painting was the work of an English' artist, W. Dendy Sadler. The defendant…

1Opinion of the CourtJustice Day

This case involves important questions under the copyright laws of the United States, upon which there ha<s been diversity of view in the Federal courts.'

Before taking up the errors assigned it may aid in the elucidation of the questions involved to briefly consider the natúre ■of .the property in copyright which'it is the object of the statutes of the United States to secure and protect. A copyright, as .the term imports, involves the right of publication and reproduction of works of art or literature. A copyright, as defined by Bouvier’s Law Dictionary, Rawles’ edition, volume 1, p. 436,…

2Cases cited10 opinions

  1. Hale v. HenkelSupreme Court of the United States · 1906
  2. Adams v. New YorkSupreme Court of the United States · 1904
  3. Burrow-Giles Lithographic Co. v. SaronySupreme Court of the United States · 1884
  4. Wheaton and Donaldson v. Peters and GriggSupreme Court of the United States · 1834
  5. Holmes v. HurstSupreme Court of the United States · 1899

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3Cited by142 opinions

  1. Weeks v. United StatesSupreme Court of the United States · 1914
  2. Harper & Row, Publishers, Inc. v. Nation EnterprisesSupreme Court of the United States · 1985
  3. Huddleston v. United StatesSupreme Court of the United States · 1974
  4. Stewart v. AbendSupreme Court of the United States · 1990
  5. Bobbs-Merrill Co. v. StrausSupreme Court of the United States · 1908

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