The mezzotint method lends itself to a fairly realistic reproduction of oil paintings. Concededly the subjects of the eight engravings are paintings by other persons than the mezzotint engravers, all of them being well-known paintings executed in the late eighteenth or early nineteenth centuries and all now in the public domain. The first question in the case is whether these mezzotint engravings are copyrightable under the constitutional provision giving the Congress the power to legislate copyright monopolies and under the legislation passed pursuant to the grant of power to the Congress. The defendants, a color lithographer, a dealer in lithographs and the dealer's president, produced and sold color lithographs of the eight mezzotints. The plaintiff, a British print producer and dealer, member of the Fine Arts Trade Guild, copyrighted in the United States *975 eight mezzotint engravings of old masters produced at its order by three mezzotint engravers. Cataldo, all of New York City, for Catalda.Įhrich, Royall, Wheeler & Holland and James G. Uhlman, all of New York City, for plaintiff. *974 Guggenheimer & Untermyer, Eugene Untermyer, William J.
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