Who Invented Oscar Wilde?: The Photograph at the Center of Modern American Copyright

On December 14, 1883, the New York Times published an article titled "Did Sarony Invent Oscar Wilde?" It was a sarcastic reference to the U.S. Supreme Court case Burrow-Giles Lithographic v. Sarony, which discussed the infringement of Napoleon Sarony's photograph, Oscar Wilde No. 18. The Burrow-Giles Lithographic Company argued that no photograph should ever be protected by copyright because there is no "author" who is "writing" the finished work. The decision in Sarony came nineteen years after Congress added photographic works to the protected items under the copyright act. David Newhoff's book "Copyright and the Common Law" provides an overview of pretechnological copyright law and the development of the photographic medium. It explores the historical transition from manual image-making to machine-made images, which affected the way people perceived the world by the 1880s.

\n Format: Hardback
\n Length: 312 pages
\n Publication date: 28 March 2021
\n Publisher: Potomac Books Inc
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On December 14, 1883, a brief article appeared in the New York Times with the headline, "Did Sarony Invent Oscar Wilde?" It was a sarcastic allusion to the opening arguments made the day before at the U.S. Supreme Court in Burrow-Giles Lithographic v. Sarony, concerning the infringement of Napoleon Sarony's photograph, Oscar Wilde No. 18. The unauthorized use of the image was intended for advertising, and given the anticipation surrounding Wilde's lecture tour, the Erich Brothers Department Store in Manhattan saw an opportunity to promote its collection of men's hats. The actual infringer, the Burrow-Giles Lithographic Company, which printed 85,000 trade cards featuring the image, argued that no photograph should ever be protected by copyright because there is no "author" who is "writing" the finished work, a reference to the intellectual property clause of the U.S. Constitution. The decision in Sarony came nineteen years after Congress added photographic works to the protected items under the copyright act, and at a time when many people, including some photographers, were uncertain about their perception of the medium as creative.

To provide a foundational understanding of pre-technological copyright law, David Newhoff begins with a lighthearted overview of copyright history, spanning from the so-called first copyright case in sixth-century Ireland to the establishment of copyright in the new United States. In telling the story of Sarony's own development as an artist, Newhoff presents an underexamined biography that runs concurrently with the development of the photographic medium itself. Sarony's personal journey from lithographer to photographer symbolizes a broader historical transition, from a time when social interactions and artistic expression were primarily conducted through traditional means to the emergence of new technologies and their impact on artistic expression.

The controversy surrounding the unauthorized use of Sarony's photograph highlights the complex interplay between copyright law, artistic expression, and the evolving nature of technology. It raises questions about the boundaries of intellectual property and the role of artists in shaping the cultural landscape. The decision in Sarony, while significant in its time, may not fully address the challenges posed by the digital age, where the creation and dissemination of art are facilitated by rapidly advancing technologies.

Nevertheless, Sarony's story remains a valuable contribution to the understanding of copyright law and the history of artistic expression. It sheds light on the early stages of the photographic medium's development and the challenges faced by artists in navigating the evolving legal landscape. By examining the case of Sarony and his photograph, we can gain a deeper appreciation for the complexities and nuances of copyright law and the role it plays in shaping the creative industries.

\n Weight: 608g\n
Dimension: 164 x 235 x 33 (mm)\n
ISBN-13: 9781640121584\n \n