American Mutoscope & Biograph Co. v. Edison Mfg. Co.

Citations

• 137 F. 262
• 1905 U.S. App. LEXIS 5221

Syllabus

<p>1. Copyright—Suit for Infringement—Demurrer.</p> <p>In a suit for infringement of a copyright, where the bill makes proferí of the copyrighted publication, it may be considered a part of the bill and examined on demurrer.</p> <p>2. Same—Subjects of Protection—Photographs.</p> <p>A photograph which is not only a light-written picture of some object, but also an expression of an idea, or thought, or conception of the one who takes it, is a “writing” within the constitutional sense, and a proper subject of copyright.</p> <p>[Ed. Note.—For cases in point, see vol. 11, Cent. Dig. Copyrights, § 7.</p> <p>Matter subject to copyright, see note to Cleland v. Thayer, 58 C. C. A. 273.]</p> <p>3. Same.</p> <p>A series of separate pictures printed on a positive film from a numDer of negatives taken by a camera, and designed for use in a moving picture machine, and which, taken together, tell a connected story, constitute a photograph, within the meaning of Rev. St. § 4952 [U. S. Comp. St. 1901, p. 3406] and may be the subject of a copyright, although in taking the negatives the camera was placed in different locations.</p> <p>4. Same—Infringement—Preliminary Injunction.</p> <p>A preliminary injunction against infringement of a copyrighted photograph will not be granted where the proofs leave it in doubt whether defendant has in fact used or sold any copies of complainant’s photograph, or has merely borrowed complainant’s idea, and made other similar, but not identical, photographs of its own; so that an injunction following the allegations of the bill would have no operative effect.</p>