Bleistein v. Donaldson Lithographing Company

188 U.S. 239 (1903)

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Nature of the Case

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Facts

P prepared three chromolithographs to be used as advertisements for a circus owned by one Wallace. Each contained a portrait of Wallace in the corner and lettering bearing some slight relation to the scheme of decoration, indicating the subject of the design and the fact that the reality was to be seen at the circus. The posters depicted acts to be seen at the circus such as ballet and bicycle performers. The evidence showed that the designs belonged to P having been produced by persons employed and paid by P in their establishment to make those very things. Copyrights were taken out in advance of publication. P sued D for copyright infringement for copying the chromolithographs without permission. The court held the works were not protected under copyright law. The court of appeals affirmed. The Supreme Court granted certiorari.