American Tobacco Co. v. Werckmeister

Background

This dispute arose over a painting, printed photogravures of it, and whether the artist or the buyer followed the federal copyright law’s notice requirements. The owner of the original painting had sold or transferred rights, the buyer used a notice on the printed copies but not on the original painting, and the painting had been shown at a public gallery with a reservation of copyright. The parties also fought over how the works were seized and whether the seizure procedure was properly challenged.

Reasoning

The Court read the copyright statute in light of its purpose to notify the public who buy circulated copies. It concluded that the notice requirement is meant to appear on published copies that circulate, not necessarily on an original kept in a private collection. The Court also held that a complete transfer to a buyer or assignee can carry the right to obtain statutory copyright, independent of physical ownership of the original object. On exhibition, the Court explained that a limited gallery showing with clear restrictions and enforcement against copying is not the same as dedicating the work to the public. Finally, the Court rejected the late challenge to the replevin and seizure procedure as untimely and found no reversible error in how those issues were handled.

Real world impact

The ruling upholds that artists and sellers should ensure copyright notice appears on distributed copies. Buyers who receive a complete transfer can validly secure statutory copyright. Carefully controlled public showings do not automatically forfeit copyright, and procedural objections to seizures must be timely.