Bleistein v. Donaldson Lithographing Company
Encyclopedia
Bleistein v. Donaldson Lithographing Company, 188 U.S. 239 (1903), is a case in which the United States Supreme Court found that advertisements were protected by copyright
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was George Bleistein, an employee of the Courier Lithographing Company. The company had been hired by Benjamin Wallace, owner of a traveling circus
called the "Great Wallace Show" (which would later become the Hagenbeck-Wallace Circus
) to design and produce a number of chromolithographs used to produce posters to promote the circus. The posters featured images from the circus, such as ballet dancers and acrobats. When Wallace ran out of posters, rather than ordering more from the plaintiff, Wallace hired the Donaldson Lithographing Company - a competitor of the plaintiff - to manufacture copies of three of those posters.
Courier (and Bleistein, in name) sued Donaldson for copyright infringement. Donaldson objected on the basis that the posters were merely advertisements, and thus should not be considered eligible for copyright protection either under the Constitution of the United States or under the controlling Copyright Act of 1874. The United States Court of Appeals for the Sixth Circuit
held that the posters were not amenable to copyright protection, and Courier appealed.
, writing for the Court, found that it was irrelevant that the posters were made for advertising. Holmes laid out this ruling in language which has become well-worn in copyright case law:
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
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Facts
The named plaintiffPlaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
was George Bleistein, an employee of the Courier Lithographing Company. The company had been hired by Benjamin Wallace, owner of a traveling circus
Circus
A circus is commonly a travelling company of performers that may include clowns, acrobats, trained animals, trapeze acts, musicians, hoopers, tightrope walkers, jugglers, unicyclists and other stunt-oriented artists...
called the "Great Wallace Show" (which would later become the Hagenbeck-Wallace Circus
Hagenbeck-Wallace Circus
The Hagenbeck-Wallace Circus was a circus that traveled across America in the early part of the 20th century. At its peak, it was the second-largest circus in America next to Ringling Brothers and Barnum and Bailey Circus. It was based in Peru, Indiana....
) to design and produce a number of chromolithographs used to produce posters to promote the circus. The posters featured images from the circus, such as ballet dancers and acrobats. When Wallace ran out of posters, rather than ordering more from the plaintiff, Wallace hired the Donaldson Lithographing Company - a competitor of the plaintiff - to manufacture copies of three of those posters.
Courier (and Bleistein, in name) sued Donaldson for copyright infringement. Donaldson objected on the basis that the posters were merely advertisements, and thus should not be considered eligible for copyright protection either under the Constitution of the United States or under the controlling Copyright Act of 1874. The United States Court of Appeals for the Sixth Circuit
United States Court of Appeals for the Sixth Circuit
The United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Kentucky* Western District of Kentucky...
held that the posters were not amenable to copyright protection, and Courier appealed.
Opinion of the Court
Justice Oliver Wendell Holmes, Jr.Oliver Wendell Holmes, Jr.
Oliver Wendell Holmes, Jr. was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1902 to 1932...
, writing for the Court, found that it was irrelevant that the posters were made for advertising. Holmes laid out this ruling in language which has become well-worn in copyright case law: