Bleistein v. Donaldson Lithographing Co.
United States Supreme Court
188 U.S. 239 (1903)
Relevant factsFree
The plaintiff created chromolithograph designs for circus advertising posters depicting acts like ballet and bicycle performances. The defendant copied the designs without permission, and the plaintiff sued for copyright infringement. The circuit court and court of appeals both held the designs were not protectable works because they were commercial advertisements, and the plaintiff appealed to the Supreme Court.
IssueFree
Whether an illustration designed and produced for use as an advertisement is precluded from copyright protection solely because of its commercial nature.