Kalem Co. v. Harper Brothers

Citations

• 222 U.S. 55
• 32 S. Ct. 20
• 56 L. Ed. 92
• 1911 U.S. LEXIS 1856

Syllabus

<p>An exhibition of a series of photographs of persons and things, arranged on films as moving pictures and so depicting the principal scenes of an author’s work as to tell the story is a dramatization of such work, and the person producing the films and offering them for sale for exhibitions, even if not himself exhibiting them, infringes the copyright of the author under Rev; Stat., § 4952, as amended by the act of March 3, 1891, c. 565, 26 Stat. 1106.</p> <p>Qucere whether there would be infringement if the illusion of motion were- produced from paintings instead of photographs of real persons, and also qucere whether such photographs can be copyrighted.'</p> <p>Rev. Stat., § 4952, as amended by the act of March 3, 1891,. c. 5.65, 26 Stat. 1106, confines itself to a well-known form of reproduction and does not exceed the power given to Congress under Art. I, § 8, cl. 8 of the Constitution, to secure to authors the exclusive right to their writings for a limited period. 1</p> <p>169 Fed. Rep. 61, affirmed.</p>