American Lithographic Co. v. Werckmeister

Background

Emil Werckmeister sued a lithographic company to collect money penalties for unauthorized copies of his painting "Chorus." The company argued the law allowed penalties only when infringing copies were actually found in the seller’s possession, and so no penalty should apply here because the copies were not seized from the defendant.

Reasoning

The Court examined the exact words of the statute and ruled that it allows a penalty either for copies "in his possession" or for copies "by him sold." Because the statute explicitly includes copies sold by a person as an alternative to possession, the Court concluded the plaintiff could recover penalties based on sales. The Court also reviewed the trial practice: the defendant’s business books had been produced under a subpoena duces tecum, and the entries were admitted in evidence. The Court held the subpoena power was proper and that the statutory provision cited to block use of certain prior judicial discoveries did not bar admission here. The Court referred to related decisions about compelled production and constitutional protections in upholding these rulings.

Real world impact

The decision lets a copyright owner recover statutory money penalties when a party sells unauthorized reproductions, even if the copies are not physically found in that seller’s custody. It also confirms that a court may subpoena a company’s records and that clear business entries can be used at trial. The judgment was affirmed, so the lower-court result in this case stands.