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Reimagining Bleistein: Copyright for Advertisements in Historical Perspective

59 J. Copyright Soc'y U.S.A. 347 (2012)

44 Pages Posted: 18 Nov 2009 Last revised: 28 May 2014

Zvi S. Rosen

George Washington University - Law School

Date Written: November 16, 2009

Abstract

This article traces the development of copyright law for commercial prints and labels, looking at the history of the 1874 Act which placed registration of copyrights in the Patent Office, as well as the two Supreme Court cases which dealt with this act - the mostly forgotten Higgins v. Keuffel, and the still very influential Bleistein v. Donaldson Lithographing. In so doing the development of the scope of copyright law in both the constitutional and normative senses is addressed, and the Bleistein decision is considered in a new light. Statistics are also included, demonstrating the development and use of this copyright law.

In August of 2013, this article won the Charles B. Seton Award of the Copyright Society of the USA, which is given to a piece published in its journal in the previous year by an author under the age of 40 that "constitutes a significant contribution to scholarship in copyright law and displays original and creative ideas not previously published."

Keywords: copyright, advertisements, trademarks, labels, Constitution

JEL Classification: O34, K00

Suggested Citation

Rosen, Zvi S., Reimagining Bleistein: Copyright for Advertisements in Historical Perspective (November 16, 2009). 59 J. Copyright Soc'y U.S.A. 347 (2012). Available at SSRN: https://ssrn.com/abstract=1507125 or http://dx.doi.org/10.2139/ssrn.1507125

Zvi Rosen (Contact Author)

George Washington University - Law School ( email )

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