Burrow-Giles Lithographic Company v. Sarony

111 U.S. 53 (1884)

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Nature of the Case

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Facts

D is a lithographer and P a photographer. P charged D with violating his copyright in regard to a photograph, the title of which is 'Oscar Wilde No. 18.' P created the photograph under an agreement with Oscar Wilde to which P gave visible form by posing Oscar in front of the camera, selecting and arranging the costume, draperies, and other various accessories in said photograph, arranging the subject so as to present graceful outlines, arranging and disposing the light and shade, suggesting and evoking the desired expression, and from such disposition, arrangement, or representation. P had also taken all the steps required by the act of Congress to obtain a copyright of this photograph. D reproduced the work without P’s permission. The court made a finding of facts on which a judgment in favor of P was rendered for the sum of $600 for the plates and 85,000 copies sold and exposed to sale, and $10 for copies found in his possession, as penalties under section 4965 of the Revised Statutes. D appealed. The judgment was affirmed. D appealed. D contends that a photograph is not a writing nor the production of an author.