Thornton v. SchreiberAnnotate this Case
124 U.S. 612 (1888)
U.S. Supreme Court
Thornton v. Schreiber, 124 U.S. 612 (1888)
Thornton v. Schreiber
Argued January 19-20, 1888
Decided February 13, 1888
124 U.S. 612
An employee of a business house who, having a principal place in the establishment, is entrusted by his employers under their direction and on their behalf with the custody and possession, but in a building occupied by them and subject to their control, of printed copies of a copyrighted photograph, printed in violation of the provisions of Rev.Stat. § 4965, has not such possession of them as will entitle the proprietor of the copyright to proceed against him for a forfeiture of one dollar for every sheet under that section.
The words "found in his possession" in § 4965 of the Revised Statutes do not relate to the finding of the jury that the articles in question were in the defendant's possession, but require that there should be a time before the cause of action accrues at which they are found in his possession. Whether the provision in Rev.Stat. § 4965 that one-half of the profit shall go "to the proprietor and the other half to the use of the United States" does not relate solely to the "case of a painting, statue, or statuary," quaere.
The case is stated in the opinion of the Court.
Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.