BAILIE v. FISHER

No. 14275.

258 F.2d 425 (1958)

David H. BAILIE and Celia R. Fiddler, Appellants, v. Arthur FISHER, Register of Copyrights, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 29, 1958.


Attorney(s) appearing for the Case

Mr. Harry A. Toulmin, Jr., Washington, D. C., with whom Messrs. Hugo M. Wikstrom and Folsom E. Drummond, Washington, D. C., were on the brief, for appellants. Mr. Herbert H. Brown, Washington, D. C., also entered an appearance for appellants.

Mr. Hershel Shanks, Atty., Dept. of Justice, with whom Asst. Atty. Gen. George C. Doub, Messrs. Oliver Gasch, U. S. Atty., Samuel D. Slade, Atty., Dept. of Justice, and Abraham L. Kaminstein, Chief, Examining Section, Copyright Office, Washington, D. C., were on the brief, for appellee.

Before WILBUR K. MILLER and BURGER, Circuit Judges, and MADDEN, Judge, United States Court of Claims.


PER CURIAM.

The appellants devised a cardboard star with a circular center bearing the photograph of an entertainer, upon which is superimposed a transparent phonograph record from which the voice of the pictured person may be heard. The cardboard has two flaps which, when folded back, enable it to stand for display. The appellants sought to register as a "work of art" under a section of the Copyright Statute, 17 U.S.C. § 5(g), the actual shaping of the "self...

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