Burrow-Giles Lithographic Co. v. Sarony

Photographer Napoleon Sarony (plaintiff) created a carefully composed portrait of Oscar Wilde, personally arranging the background, clothing, pose, and expression; Burrow-Giles Lithographic Company (Burrow-Giles) (defendant) reproduced the photograph without permission. Sarony sued for copyright infringement under a federal statute extending protection to photographs alongside works like paintings and engravings; the circuit court ruled for Sarony, and the Supreme Court granted certiorari, with Burrow-Giles arguing that a photograph merely captures an existing scene and lacks the creative authorship copyright is meant to protect.