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Burrow-Giles Lithographic Co. v. Sarony | 111 U.S. 53 (1884)

Ensuring that creators have exclusive rights to their works, at least for a certain period of time, has long been understood as a necessity for promoting and encouraging scientific and artistic development. To that end, copyright law applies to many artistic works and prevents the copying and distribution of a protected work without its creator’s consent. In Burrow-Giles Lithographic Company versus Sarony, the United States Supreme Court explored Congress’s authority to determine which artistic works are entitled to copyright protection.

In 1882, photographer Napoleon Sarony shot a portrait of Oscar Wilde known as Oscar Wilde number eighteen. During the photoshoot, Sarony posed Wilde, selected and arranged props and accessories, chose Wilde’s costume, and operated the lighting. After the shoot, Sarony obtained copyright protection for the photograph under federal copyright law. The copyright granted Sarony, as the photograph’s author, the exclusive right to reprint, publish, copy, and sell the work.

Without Sarony’s consent, Burrow-Giles Lithographic Company created and sold prints of the portrait. Sarony filed suit in federal court, alleging that Burrow-Giles violated his copyright. Burrow-Giles responded by arguing that because a photograph merely captures an object or person that exists in reality, photographs aren’t original creative works and therefore can’t constitutionally receive copyright protection.

The United States Circuit Court for the Southern District of New York, as the federal trial court was then known, found in favor of Sarony. Burrow-Giles filed a writ of error in the United States Supreme Court.

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