Page "Burrow-Giles Lithographic Co. v. Sarony" Paragraph 2

Famed photographer Napoleon Sarony filed a copyright infringement suit against the Burrow-Giles Lithographic Company, which had marketed unauthorized lithographs of Sarony's photograph of writer Oscar Wilde, entitled " Oscar Wilde No. 18.

" The company argued that photographs could not qualify as " writings " or as the production of an " author ", in the language of the grant of power to Congress under article I, section 8, clause 8 of the United States Constitution to protect copyrights, and so § 4952 of the Copyright Act of 1870, which explicitly extended protection to photographs, was unconstitutional.

The federal trial court for the Southern District of New York, though expressing some doubt over the constitutionality of § 4952, declined to invalidate it and awarded a $ 610 judgment to Sarony ( the equivalent of just over $ 12, 000 in 2005 ).

The judgment was affirmed by the U. S. Circuit Court for the Southern District of New York, and subsequently by the Supreme Court.