Werckmeister v. American Lithographic Co.

• Decision Date: 01 August 1902
• Citation: 117 F. 360
• Parties: WERCKMEISTER v. AMERICAN LITHOGRAPHIC CO. et al.
• Court: U.S. District Court — Southern District of New York

117 F. 360

WERCKMEISTER v. AMERICAN LITHOGRAPHIC CO. et al.

United States Circuit Court, S.D. New York.

August 1, 1902

Briesen & Knauth, for complainant.

Wetmore & Jenner, for defendants.

THOMAS District Judge.

One Sadler, living in England, designed, painted, and was the owner of a picture called 'Chorus.' The complainant gives evidence of the following instrument executed by said Sadler 'I hereby transfer the copyright in my picture 'Chorus' to the Photographische Gesellschaft, Berlin (The Berlin Photographic Company), for the sum of two hundred pounds.

'London April 2, 1894.

W Dendy Sadler.'

The complainant also produces the following:

'I hereby certify that on February 3rd, 1894, the proprietor of the Photographische Gesellschaft, Berlin, Germany (The Berlin Photographic Company), Mr. Emil Werckmeister, of Berlin, bought from me the copyright of my picture 'Chorus' for the sum of two hundred pounds sterling, and that the picture was forwarded to the Photographische Gesellschaft, Berlin, for the purpose of reproduction in the first days of March, 1894.

'Hemingford Grey.

'St. Ives, 3rd July, 1902.

Walter Dendy Sadler.'

The complainant also offers the following:

'Library of Congress, to wit: Be it remembered, that on the sixteenth day of April, Anno Domini 1894, Photographische Gesellschaft, of Berlin, Ger., have deposited in this office the title of a painting, the title or description of which is in the following words, to wit: 'Chorus.' W. Dendy Sadler. (Photo. on file.) A company of gentlemen with filled glasses, singing in chorus. The right whereof they claim as proprietors, in conformity with the laws of the United States respecting copyrights.

'A. R. Spofford, Librarian of Congress.'

All copies of the painting issued by the complainant have carried the notice of copyright required by section 4962, Rev. St amended by the act of June 18, 1874. The painting itself was publicly displayed at the exhibition of the Royal Academy of Arts, which opened on the 7th day of Amy, 1894, at London. The evidence shows that such exhibitions begin in the early part of May, and continue during the week days until August, and that they are open to the public generally upon the payment of an admission fee of one shilling by each person admitted. The catalogue of the exhibition, under the title of 'Gallery No. X, Oil Paintings (Nos. 781-863), ' mentions as No. 810 the painting entitled 'Chorus,' and 'W. Dendy Sadler' as the name of the artist. The painting did not contain the notice of copyright. The thing copyrighted was the painting. If exhibited, it should bear the notice demanded by the statute, if the...