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Pushman v. New York Graphic Society, Inc.
''Pushman v. New York Graphic Society'', 287 N.Y. 302 (1942), was a case decided by the New York Court of Appeals that held that, while the copyright in a work of authorship is distinct from the tangible embodiment of the work, if the only tangible embodiment of the work is transferred the copyright is also presumptively transferred.〔''Pushman v. New York Graphic Society'', 287 N.Y. 302, 308 (1942)〕
==Factual background==
The plaintiff Hovsep Pushman was an artist that finished a work entitled ''When Autumn is Here'' in 1930. That same year, Pushman gave the painting to Grand Central Art Galleries to arrange a sale of the work. Upon giving the painting to Grand Central Art Galleries, Pushman did not negotiate any reservation reproduction rights. Grand Central Art Galleries sold the painting to the University of Illinois for $3,600.〔''Pushman'', 287 N.Y. at 305〕 The painting remained with the University until it sold reproduction rights to the defendant, New York Graphic Society. Pushman sued for an injunction against reproduction of the painting. The defendant moved to dismiss the complaint, and the motion was granted by the trial court and affirmed by the New York Supreme Court, Appellate Division.〔''Pushman'', 287 N.Y. at 306〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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