Supreme Court of the United States

Bleistein v. Donaldson Lithographing Company

February 2, 1903188 U.S. 239

Summary

The Supreme Court held that chromolithograph circus posters are "pictorial illustrations" within the meaning of §4952 and therefore eligible for copyright protection, reversing the Sixth Circuit and remanding for a new trial. The Court reasoned that the statutes and Constitution protect works of artistic originality even when used for advertising, and that originality resides in the designer's personal expression.