188 U.S. 239 (1903) (U.S. Supreme Court)
Bleistein v. Donaldson Lithographing Co.
Are chromolithograph circus posters used as advertisements copyrightable as pictorial illustrations or works of art under the federal copyright statute, notwithstanding their commercial purpose and realistic subject matter; and may a corporate proprietor hold valid copyrights in works created by its employees and enforce them against copiers?
Under the federal copyright statute (then Rev. Stat. § 4952), protection extends to original pictorial illustrations and works of art, including paintings, drawings, and chromos. Copyright does not turn on artistic merit, commercial purpose, or the medium's perceived 'fine art' status; a minimal degree of originality—reflecting the author's personal expression—suffices. Courts should not act as aesthetic arbiters, and others remain free to copy the underlying subject matter from nature or life but may not copy another's expressive rendering. A proprietor (including an employer) may hold copyright in works created by its employees when the statute so allows, and statutory notice and registration formalities, if satisfied, render the copyright enforceable.
Yes. The Supreme Court held that the circus advertising posters were copyrightable as pictorial illustrations/works of art and that their commercial use did not bar protection. The copyrights validly vested in the proprietor, and Donaldson's near-exact copying constituted infringement.
Bleistein entrenches three enduring propositions: (1) copyright is value-neutral—commercial advertisements and popular art are protectable; (2) originality demands only a modest creative contribution, reflecting the author's personality; and (3) courts should not function as art critics. The case foreshadows modern doctrines later formalized in the 1976 Act and clarified in Feist Publications v. Rural Telephone Service Co., which famously cited Bleistein on minimal originality. It also provides an early foundation for work-made-for-hire principles and underscores the idea–expression dichotomy by allowing copying of subject matter but not another's expressive rendering. For law students, Bleistein is essential for understanding how copyright's low threshold and neutrality operate across all media, including commercial and advertising contexts.