Copyright casebook picture supplement

Here are pictures related to cases in Prof. Eric E Johnson's in-development casebook on copyright law

Table of Contents

  1. Burrow-Giles Lithographic v. Sarony
  2. Bleistein v. Donaldson
  3. Monkey Selfies and Naruto v. David J Slater
  4. Star Athletica v. Varsity Brands
  5. Silvertop v. Kangaroo
  6. Federal Government Works' Exclusion from Copyright

Burrow-Giles Lithographic v. Sarony

Left: Napoleon Sarony's photograph of Oscar Wilde

Right: Burrow-Giles Lithographic's trade card

monotone sepia-tinted picture of man in fancy clothes sitting on pillowy ornate chair holding book and tilting his head with his hand to the side of his face lower resolution black and white picture of man in fancy clothes sitting on pillowy ornate chair holding book and tilting his head with his hand to the side of his face with large words: Compliments of Ehrich Bros 8th Ave & 24th St.

Bleistein v. Donaldson

advertisement design "of a number of men and women, described as the Stirk family, performing on bicycles":

circus advertisement poster for 'The Great Wallace Shows' containing a portrait of Wallace in the corner featuring in the main an illustration of a number of women and men performing on bicycles, identified as the 'Stirk family'

advertisement design "of an ordinary ballet":

circus advertisement poster for 'The Great Wallace Shows' containing a portrait of Wallace in the corner featuring in the main an illustration of a multitude of women performing ballet

advertisement design "of groups of men and women whitened to represent statues":

circus advertisement poster for 'The Great Wallace Shows' containing a portrait of Wallace in the corner featuring in the main an illustration, depicting several people white and colorless with with faint outlines so as to resemble statues made of light-colored stone, the centerpiece of which, captioned 'Landing of Columbus,' consists of a European person holding a large flag and an upward-pointe sword surrounded by several indigenous persons

Monkey Selfies and David J Slater

Most iconic of the monkey "selfies," depicting "Naruto":

a monkey's face, smiling pleasantly with teeth, looking at camera, with a lush green background - in the style of a selfie

Another of the monkey "selfies":

a picture of a full-body photo of a sober-looking, looking at the camera, in a lush tropical forest, with arm stretched out toward camera, apparently triggering the shutter

Star Athletica v. Varsity Brands

Designs of plaintiff Varsity Brands, reproduced in the opinion:

five designs of cheerleader uniforms with blocks of color and colorful stripes and zig-zag or chevron patterns, the left two appearing to be photos of tops placed on a flat surface, the right three being color illustrations showing the full uniform with faint outlines of the wearer

Figures appended to Breyer's dissent:

Two photos of lamps featuring cat sculptures. The Figure 1 lamp on the left a single base with two elements on it, one element being a light-giving portion consisting of a pole extending upward topped by an illuminated portion with a lamp shade, the other element, separately situated on the base and to the right of the light-giving portion consisting of a three-dimensional representation or sculpture of a house cat apparently made of glossy material such as ceramic. The Figure 2 the lamp on the right has a base upon which there is one element that consists of a three-dimensional representation or sculpture of a house cat apparently made of glossy material such as ceramic, from the top of which protrudes a pole topped by a lampshade. An impressionistic oil painting of laced but untied brown shoes, apparently made of leather and in a partially collapsed state from heavy or lengthy use. Said shoes are the only thing pictured against an apparent tiled floor. A legend below the image says, 'Fig. 3 Vincent Van Gogh, 'Shoes'' An apparent photograph of a simple snowshovel against plain gray background. A legend below the image says, 'Fig. 4 Marcel Duchamp, 'In Advance of the Broken Arm''

Silvertop v. Kangaroo

Image marked as "Appendix A" to the appellate opinion:

Three differnent images of a man in a full-length banana costume with arms and legs protruding through holes and a face protruding through an oval window. Each pictured man appears to be excited and joyful. From left to right, the images are marked 'RASTA IMPOSTA,' 'KANGAROO ITEM 10477,' and 'KANGAROO ITEM 10478'

Exclusion for Federal Government Works (1976 Act's §105; 1909 Act's §8)

NASA, Apollo Program (1960s & 1970s)

In the featureless black of space, the earth appears rising over the lunar surface which spreads out in the foreground
The entire Earth with bright blue oceans and swirling clouds appears as a full disc in the blackness of space

Atomic Energy Commission, Operation Upshot-Knothole, Nevada (1953)

A two-story house by itself in the desert, the house exterior facing a strong light emanates black smoke across its surface
A two-story house is captured in the midst of being violently and completely destroyed by incredible wind force coming from a single direction, the facing wall obliterated, the house interior is revealed as the roof and remaining walls are in the midst of peeling outward and away, pieces of debris are streaking through the air behind the house and in the direction away from the force

Prof. Eric E Johnson's in-development casebook on copyright law