mazer stein argued december decided march respondents engaged manufacture sale electric lamps one respondents created original works sculpture models china statuettes made statuettes used bases fully equipped electric lamps respondents sold respondents submitted statuettes without lamp components added registration copyright law works art reproductions thereof held statuettes copyrightable pp successive copyright acts legislative history act practice copyright office show works art reproductions works art intended congress include authority copyright statuettes pp statuettes fitted lamps unfitted may patentable bar copyright works art pp intended actual use industry article eligible copyright bar invalidate registration subsequent registration work art published element manufactured article misuse copyright pp respondents sued petitioners copyright infringement district dismissed complaint supp appeals reversed granted certiorari affirmed max kraus robert kahn argued cause filed brief petitioners george frost argued cause respondents brief freeman charles barber special leave benjamin forman argued cause register copyrights amicus curiae urging affirmance brief acting solicitor general stern assistant attorney general burger paul sweeney justice reed delivered opinion case involves validity copyrights obtained respondents statuettes male female dancing figures made semivitreous china controversy centers around fact although copyrighted works art statuettes intended use used bases table lamps electric wiring sockets lamp shades attached respondents partners manufacture sale electric lamps one respondents created original works sculpture form human figures traditional technique model production mold casting copies made resulting statuettes without lamp components added submitted respondents copyright office registration works art reproductions thereof copyright law certificates registration issued sales publication accordance statute fully equipped lamps preceded applications copyright registration statuettes supp rules regulations cfr thereafter statuettes sold quantity throughout country lamp bases statuettes sales lamp form accounted insignificant portion respondents sales petitioners partners like respondents make sell lamps without authorization copied statuettes embodied lamps sold instant case one series reported suits brought respondents various alleged infringers copyrights presenting similar question conflicting decisions granted certiorari present case respondents sued petitioners infringement maryland stein mazer supp following expert decision rejecting reasoning district rosenthal opinion referred preceding note district dismissed complaint appeals reversed held copyrights valid stein mazer said subsequent utilization work art article manufacture way affects right copyright owner protected infringement work art petitioners charged present complaint infringement respondents copyrights reproductions works art seek reversal appeals decree upholding copyrights petitioners petition certiorari present single question statuettes protected copyright copyright applicant intended primarily use statuettes form lamp bases made sold quantity carried intentions effect stripped essentials question presented lamp manufacturer copyright lamp bases artist becomes manufacturer designer manufacturer subject limitations design patents deserves consideration manufacturer designer however cellini designed manufactured item quantity general public salt cellars entirely different conclusion reached case salt cellar becomes article manufacture utility addition ornamental value therefore protected design patent unfair competition question presented constitutional power congress confer copyright protection works art reproductions questioned petitioners assume congress enactments constitutional clause empowering legislation promote progress science useful arts securing limited times authors inventors exclusive right respective writings discoveries art cl includes within term authors creator picture statue consideration limited question presented petition writ certiorari recent years question utilitarian use copyrighted articles much discussed answering issue review development copyright coverage make clear purpose congress copyright legislation first congress conferred copyright authors map chart book books already printed later designing engraving etching included musical compositions dramatic compositions photographs negatives thereof act defined copyrightable subject matter book map chart dramatic musical composition engraving cut print photograph negative thereof painting drawing chromo statue statuary models designs intended perfected works fine arts emphasis supplied works copyright may secured act shall include writings author practice copyright office acts act allow registration works fine arts articles character respondents challenge seven examples appear government brief amicus curiae interpreting act pertinent copyright regulations read shown margin explained government regulation made reference articles might fairly considered works art although might also serve useful purpose reworded shown amicus brief gives sixty examples selected intervals said typical registrations works art possessing utilitarian aspects current pertinent regulation published cfr reads thus works art class general class includes works artistic craftsmanship far form mechanical utilitarian aspects concerned artistic jewelry enamels glassware tapestries well works belonging fine arts paintings drawings sculpture essayed fix limits fine arts effort need appraised relation copyright issue clear congress intended scope copyright statute include traditional fine arts herbert putnam librarian congress active movement amend copyright laws told joint meeting house senate committees term works art deliberately intended broader specification works fine arts present statute idea instance applied design yet within province design patents may properly entitled protection copyright law conclusion statues issue may copyrighted goes far solve question whether intended reproduction lamp stands bars invalidates registration depends solely statutory interpretation congress may publication protect copyright writing author statute creates copyright exist common law even though property right unpublished work petitioners assert congressional enactment design patent laws interpreted denying protection artistic articles embodied reproduced manufactured articles say fundamentally historically copyright office repository claimant considers cultural treasure whereas patent office repository applicant considers evidence advance industrial technological fields industrial designer satisfy novelty requirements design patent laws design used articles manufacture copied anyone held statuettes involved copyrightable need decide question patentability though courts passed upon issue whether allowance election author patentee one bars grant hold patentability statuettes fitted lamps unfitted bar copyright works art neither copyright statute says thing patentable may copyrighted hold unlike patent copyright gives exclusive right art disclosed protection given expression idea idea thus baker selden held copyrighted book peculiar system bookkeeping infringed similar book using similar plan achieved similar results alleged infringer made different arrangement columns used different headings distinction illustrated fred fisher dillingham speaks two men perfectionist independently making maps territory though maps identical may obtain exclusive right make copies particular map yet neither infringe copyright likewise copyrighted directory infringed similar directory product independent work copyright protects originality rather novelty invention conferring sole right multiplying copies absent copying infringement copyright thus respondents may exclude others using statuettes human figures table lamps may prevent use copies statuettes incorporated article regulation supra makes clear artistic articles protected form mechanical utilitarian aspects see stein rosenthal supp dichotomy protection aesthetic beauty utility art copyright invention original ornamental design design patents find nothing copyright statute support argument intended use use industry article eligible copyright bars invalidates registration read limitation copyright law think subsequent registration work art published element manufactured article misuse copyright different registration statuette later embodiment industrial article copyright law like patent statutes makes reward owner secondary consideration paramount pictures however intended definitely grant valuable enforceable rights authors publishers without requirements afford greater encouragement production literary artistic works lasting benefit world washingtonian pearson affirmed footnotes unreported action stein zuckerman dubeshter pending eastern district new york note harv rev advised dismissed consent february stein expert lamp stein expert lamp supp first action brought accident presentation trial determined case though copyright statuette lamp attachments held statuettes copyrightable evidence practical use intended petition reconsideration held presence absence attachments immaterial stein mazer supp rosenthal stein appeals seventh circuit affirmed ground copyright act refer articles manufacture utilitarian purpose provide previous examination proper tribunal originality matter offered copyright stein expert lamp stein rosenthal supp second infringement case held protection dissipated taking unadulterated object art copyrighted integrating commercially valuable merchandise appeal appeals ninth circuit affirmed saying theory use copyrighted work art loses status work art put functional use basis wording copyright laws nothing laws excludes work art operation copyright laws rosenthal stein stein benaderet supp district michigan held intent purpose designer determines whether object copyrightable work art said plaintiffs applied design patent held defendants appeal pending appeals sixth circuit opinions cases district appeals present litigation deserve careful reading case register copyrights participated amicus curiae supported respondents solicitor general also filed brief participated oral argument reach constitutional questions raised parties chicago wellman new york ex rel rosevale realty kleinert mcadory fact issue mentioned argument bring question properly us herbring lee question jurisdiction emerges chicot county dist bank compare kalb feuerstein continental illinois nat bank trust chicago compare constitutional question following lithographic sarony upheld copyright photograph unanimously said writings clause meant literary productions authors congress properly declared include forms writing printing engraving etching ideas mind author given visible expression findings think show photograph original work art product plaintiff intellectual invention plaintiff author class inventions constitution intended congress secure exclusive right use publish sell done section revised statutes bleistein donaldson lithographing upheld copyright circus posters said shall mention suggestion painting engraving unless mechanical end among useful arts progress congress empowered constitution promote constitution limit useful satisfies immediate bodily needs personality always contains something unique expresses singularity even handwriting modest grade art something irreducible one man alone something may copyright unless restriction words act kalem harper involved pirating motion pictures copyrighted dramatic rights book said argued law construed construed goes beyond power conferred upon congress constitution secure authors limited time exclusive right writings art cl suggested extend copyright case like extend ideas distinguished words ideas clothed attempt make monopoly ideas expressed law confines particular cognate well known form reproduction extent grant monopoly thought proper way secure right writings say congress wrong see also schreiber thornton reversed grounds thornton schreiber see fenning origin patent copyright clause constitution geo story constitution ed xix cases congress passed act patent copyright clause unanimous held effort protect unconstitutional ordinary necessary relation invention discovery endeavor classify head writings authors objections equally strong regard inventions originality required word writings may liberally construed include original designs engravings prints original founded creative powers mind writings protected fruits intellectual labor embodied form books prints engravings like depend upon novelty invention discovery work brain requires fancy imagination genius laborious thought simply founded priority appropriation see commerce robert commentary lanham act national licorice labor board general talking pictures western electric crown ferdinand gutmann cases cited gunning cooley policy incorporated rule revised rules practice bringing additional questions case condemned recently irvine california ball law copyright literary property howell copyright law ladas international protection literary artistic property weil copyright law derenberg copyright land fringe rights literary artistic property copyright problems analyzed cch pogue borderland copyright design patent meet rev notes geo rev harv rev ind see report copyright committee board trade london october artistic copyright industrial designs et seq stat stat stat stat stat laws dealing copyrights solberg copyright congress stat act also vested control records relating copyrights librarian congress provided administer law connection phrase act intended perfected works fine arts see amendatory act stat bleistein donaldson lithographing section contained following provision construction act words engraving cut print shall applied pictorial illustrations works connected fine arts prints labels designed used articles manufacture shall entered copyright law may registered patent office repealed following enacted sec section act entitled act amend consolidate acts respecting copyright approved march hereby amended read prints pictorial illustrations including prints labels used articles merchandise stat amendment act stat noted however act conform language present act supp contain amendatory language act sess existing statutes attempt specifications unfortunate necessarily imperfect requiring frequent additions cover new forms new processes bill general definition substitutes general term works author term used constitution writings congress always construed term broadly uniformly supported judicial decision instance interpreted authorizing remote popular significance photographs paintings statuary dramas even unwritten thus interpreted word writings popular parlance nearly represented word works bill adopts referring back however word writings way safe anchorage regarding including forms record thought author may recorded may read reproduced lithographic sarony held photographs copyrightable spite argument constitution specified protection writings author decision made clear writings limited chirography typography stat weil copyright law howell copyright law ed sess report clear point however application registration shall specify following classes work copyright claimed belongs books including composite cyclopaedic works directories gazetteers compilations periodicals including newspapers lectures sermons addresses prepared oral delivery dramatic compositions musical compositions maps works art models designs works art reproductions work art drawings plastic works scientific technical character photographs prints pictorial illustrations provided nevertheless specifications shall held limit copyright defined section four act shall error classification invalidate impair copyright protection secured act stat subsection amended addition words including prints labels used articles merchandise stat see note supra two classes photoplays motion pictures photoplays added stat see note supra repeal clause defining engraving cuts prints terms fine art title code entitled copyrights codified positive law without change pertinent provisions stat supp female figure bearing urn front partly supported drapery around head figure nude waist form concealed conventionalized skirt draperies flow forward forming tray base sides back skirt fluted form whole designed match tray figure standing bent forward hips waist works art term includes works belonging fairly fine arts paintings drawings sculpture productions industrial arts utilitarian purpose character subject copyright registration even artistically made ornamented rules regulations registration claims copyright bulletin works art models designs works art term includes works belonging fairly fine arts paintings drawings sculpture protection productions industrial arts utilitarian purpose character even artistically made ornamented depends upon action patent law registration copyright office made protect artistic drawings notwithstanding may afterwards utilized articles manufacture cfr lighting fixture design guitini bowlshaped bracket embellished figure woman standing bunch flowers copyright december registration number copyright claimant kathodion bronze works new york great northern perry arguments committees patents senate house representatives conjointly amend consolidate acts respecting copyright june statement applicable act since act identical sections although hearings reports see house committee hearings committee patents consolidating revising copyright laws sess statement putnam explanation change statutory language though refers works art new designation mentioned deletion fine category cf white morton converse son lithographic sarony bleistein donaldson lithographing louis de jonge breuker kessler woolworth contemporary arts see case yuengling schile schumacher schwencke pellegrini allegrini wheaton donaldson peters grigg pet fox film doyal lord brougham lord leonards jefferys boosey iv eng two cases relied upon support position petitioners taylor instrument companies brown instrument warner app cases hold mechanical patent law copyright laws mutually exclusive overlapping design patent copyright laws however different answer given courts louis de jonge breuker kessler affirmed grounds see also cases cited note infra said new original design manufacture whether metal material either worked article manufacture new original shape configuration article manufacture one law view thing invented produced patent given gives peculiar distinctive appearance manufacture article may applied gives form therefore proposes secure limited time ingenious producer appearances advantages flowing appearance therefore matter agency caused constitutes mainly entirely contribution public law deems worthy recompense design patent base table lamps fanciful statuette girl standing front high rock bathing costume english copyright act halsbury statutes england ed protect designs registrable patents designs act registered designs act halsbury statutes england ed unless designs used intended used models patterns multiplied industrial process board trade ruled design shall deemed used model pattern multiplied industrial process within meaning design reproduced intended reproduced fifty single articles copyright industrial designs rules statutory instruments see rosenthal stein note supra blood app korzybski underwood underwood william meier glass anchor hocking glass supp jones underkoffler supp louis de jonge breuker kessler harv rev rev cf taylor instrument companies see pogue borderland copyright design patent meet rev woolworth contemporary arts ansehl puritan pharmaceutical fulmer cl supp muller triborough bridge authority supp sampson murdock see anno jeweler circular pub keystone publishing music pub apollo bleistein donaldson lithographing arustein porter alfred bell catalda fine arts ansehl puritan pharmaceutical supra christic cohan opinion justice douglas justice black concurs important constitutional question underlies case question stirred oral argument treated briefs whether statuettes dancing figures may copyrighted congress provided works art models designs works art reproductions work art may copyrighted holds statuettes included words works art may statuettes granted monopoly copyright article constitution grants congress power promote progress science useful arts securing limited times authors exclusive right respective writings power thus circumscribed allows monopoly granted authors writings sculptor author statue writing within meaning constitution never decided question lithographic sarony held photograph copyrighted bleistein donaldson lithographing held chromolithographs used advertisements circus pictorial illustrations within meaning copyright laws broad language used latter case modest grade art something irreducible one man alone something may copyright unless restriction words act constitutional range meaning writings field art issue either bleistein case woolworth contemporary arts recently writ certiorari limited question damages times initiative considered decided constitutional issues raised argued briefed parties example case continental bank rock island decided constitutionality bankruptcy act though question noticed party decide question case however pressing one urgency decision moreover constitutional materials quite meager see fenning origin patent copyright clause constitution geo much research needed interests involved category works art used copyright law considerable copyright office supplied us long list articles copyrighted statuettes book ends clocks lamps door knockers candlesticks inkstands chandeliers piggy banks sundials salt pepper shakers fish bowls casseroles ash trays perhaps writings constitutional sense least obviously time came problem full face accordingly put case reargument