Pushman v. New York Graphic Society, Inc.
New York Court of Appeals
287 N.Y. 302, 39 N.E.2d 249 (1942)
- Written by Sarah Holley, JD
Facts
Pushman (plaintiff) was an artist with an international reputation and whose works hung in various museums. In 1930, Pushman completed a painting entitled “When Autumn is Here” and turned the painting over for sale to Grand Central Art Galleries, an organization that acted as sales agent for artists and promoted the sale of their works. Pushman never authorized Grand Central Art Galleries to sell the rights to reproduce his painting, but Pushman also did not forbid it. The painting was thereafter sold to the University of Illinois, where it remained until 1940, at which time the university sold the right to make reproductions of the painting to New York Graphic Society, Inc. (defendant). The reproductions were about to be put on the market when Pushman learned of the project and brought suit for an injunction.
Rule of Law
Issue
Holding and Reasoning (Desmond, J.)
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