Pushman v. New York Graphic Society, Inc.
Pushman v. New York Graphic Society, Inc., 25 N.Y.S.2d 32 (N.Y. Sup. Ct. Jan. 18, 1941) (dismissing case); aff’d without opinion, 262 A.D. 729 (N.Y. App. Div. May 26, 1941); aff’d, 287 N.Y. 302 (N.Y. Ct. App. 1942).
In this 1942 New York state court case, which was overturned by the New York legislature in 1966 and by the United States Copyright Act of 1976, New York’s highest court held that when an artist sells a painting, the copyright in the piece is automatically transferred, unless the artist has taken specific steps to retain his copyright. Among the copyrights the purchaser obtains is . . . .
Copyrights, 17 U.S.C. § 202, (Copyright Act of 1976), Ownership of Copyright as Distinct from Ownership of Material Object
Copyrights, 17 U.S.C. § 41, (1909 Copyright Act), Copyright Distinct from Property in Object Copyrighted
New York Statute - Arts & Cultural Affairs Law § 14.01 Right to Reproduce Works of Fine Art