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Kalem Co. v. Harper Brothers, 222 U.S. 55 (1911)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Kalem Co. v. Harper Brothers, 222 U.S. 55 (1911)
Kalem Co. v. Harper Brothers No. 26 Argued October 31, November 1, 1911 Decided November 13, 1911 222 U.S. 55
APPEAL FROM THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
An exhibition of a series of photograph of persons and things, arranged on film as moving picture 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 film and offering them for sale for exhibition, 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.
Quaere whether there would be infringement if the illusion of motion were produced from paintings, instead of photographs of real persons, and also quaere whether such photographs can be copyrighted.
Rev.Stat., § 4952, as amended by the Act of March 3, 1891, c. 565, 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.
169 F. 61 affirmed.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Kalem Co. v. Harper Brothers, 222 U.S. 55 (1911) in 222 U.S. 55 222 U.S. 60. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=SFYMRGAQ2IDEC5Y.
MLA: U.S. Supreme Court. "Syllabus." Kalem Co. v. Harper Brothers, 222 U.S. 55 (1911), in 222 U.S. 55, page 222 U.S. 60. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=SFYMRGAQ2IDEC5Y.
Harvard: U.S. Supreme Court, 'Syllabus' in Kalem Co. v. Harper Brothers, 222 U.S. 55 (1911). cited in 1911, 222 U.S. 55, pp.222 U.S. 60. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=SFYMRGAQ2IDEC5Y.
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