Vargas v. Esquire, Inc.
United States Court of Appeals for the Seventh Circuit
164 F.2d 522 (1947)
- Written by Heather Whittemore, JD
Facts
Beginning in 1940, Alberto Vargas (plaintiff) produced drawings of women for a magazine and calendar published by Esquire, Inc. (defendant). The contract between Vargas and Esquire granted Esquire all rights to use, reproduce, sell, and copyright the drawings. The contract did not contain a provision reserving Vargas’s right of attribution with respect to the drawings. Until 1946, Vargas’s drawings were identified by Esquire as being his creations. In 1946 Esquire published Vargas’s drawings without any indication that the drawings were created by Vargas. Vargas filed a lawsuit against Esquire in federal district court, alleging that Esquire had wrongfully published the drawings without giving him credit. Esquire moved to dismiss the case, arguing that Vargas had failed to state a cause of action because he had no right of attribution in the drawings. The district court granted Esquire’s motion and dismissed the case. Vargas appealed, arguing that a right of attribution should be implied into his contract with Esquire. Vargas further argued that the right to attribution was a moral right that was necessary to protect his and other artists’ work.
Rule of Law
Issue
Holding and Reasoning (Major, J.)
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