Summary
Article Overview: The *Bleistein* decision established the principle of aesthetic neutrality in copyright law, holding that judges lack the competence to serve as arbiters of artistic merit and therefore cannot deny protection based on a work's perceived quality or commercial purpose. This doctrine prevents copyright from becoming a gatekeeping mechanism that privileges "fine art" over popular, commercial, or lowbrow creative works.
# The Case That Turned Justices Into Art Critics: *Bleistein v. Donaldson Lithographing Co.* (1903) ## Overview This landmark Supreme Court case forced the justices to grapple with a fundamental question: **What is art?** The ruling established that courts should not be in the business of judging artistic merit when determining copyright protection. ## The Facts - **George Bleistein** created chromolithograph circus posters for the Great Wallace Shows - **Donaldson Lithographing Company** copied these posters without permission - The posters depicted circus performers, acrobats, and dancers - Donaldson argued the posters were mere advertisements, not "art" worthy of copyright ## The Central Question Should copyright protection depend on whether judges consider something to be "fine art" versus commercial or lowbrow imagery? ## Justice Holmes' Famous Opinion Oliver Wendell Holmes Jr. wrote the majority opinion, delivering one of the most quoted passages in copyright law: > *"It would be a dangerous undertaking for persons trained only to the law to constitute themselves final judges of the worth of pictorial illustrations, outside of the narrowest and most obvious limits."* ## Key Holdings 1. **Artistic merit is irrelevant** to copyright eligibility 2. Commercial purpose doesn't disqualify work from protection 3. The "personality" of the artist in the work is sufficient 4. Courts should avoid aesthetic discrimination ## Lasting Impact This case established the principle of **aesthetic neutrality** in copyright law that persists today.For more insights, read our Divorce Decoded blog.