New-York tribune., 1918-12-20
Injunction to
Protect Artists
Name Is Issued
Louis Agassiz Fuertes Wins
Action TO Prevent I'm
authorized Use of His
Pictures for Publication

The action brought by Louis Agassiz
Fuertes, the celebrated bird painter,
against the Nature Lovers League of
America, Inc, ]. B. Lyon Company, the
State Printers and the University So
ciety, Inc, the publishers of work on
American birds illustrated by repro
auctions of paintings made by Mr..
Fuertes for the New York State Mu-
scum, was set down peremptorily for
trial this week in the equity term of
ton was brought by Mr. Fuertes
through his attorneys, Messsrs. Sack
ett, Chapman g. Stevens, to restrain tho
defendants from what the plaintiff
claimed was the unauthorized repro
duction in the bird books Of his paint
ngs and the use in advertisements of
| his name as the artist. When the case
was called for trial before Judge Gle
Eerlch stipulation was presented to
the court from which it appeared that
the defendants had paid to the plain
tiff compensation satisfactory to him"
for the unauthorized use of his name
and the future use of his name as there
provided and had stipulated as to the
form in which the injunction should
issue restraining the defendants from
using the plaintiffs name in connection
with the publication "Naturc Lovers
! Library" and the advertising thereof
except in the form agreed to by the
| plaintiff.
The suit was brought under the civil
rights law. which forbids the unau-
| fhnrIupG Of 20
vertisng, and was regarded as one of
unusual Importance as affecting the
right, particularly of an artist, to pre-
vent the advertising of his name in
connection with the reproduction OF
any work of art produced by him eX-
ccpt with his consent. Mr.. Fuertes
stated when he instituted the suit that
he brought it not on his own account
only, but also in the interest of paint
ers and all other artists similarly sit
uated.
The original paintings involved in
this suit were made several years ago
by Mr.. Fuertes for the State of New
York, for reproduction as illustrations
Of memoir of the New York State
Museum, commonly known as "Eaton's
Birds of New York" from the name OF
the writer of the text. This work was
.never copyrighted either by Mr. Eaton
or Mr. Fuertes or the state authorities
and the publishers, therefore, claimed
the right to reproduce such bird paint
ings and to advertise Mr. Fuertes as
the artist who had made the originals
In such advertisements, it was statet
that "the famous originals are by the
greatest of living bird artists
dean of bird artists, Louis Agassi
Fuertes. This is recognized as th'
most important series Of bird studio
ever made" In his complaint in tn
actiop Mr.. Fuertes claimed that tn
', references to him in the advertisin,
, and title page Of the work as th
artist who had made the original paint
. ings reproduced by the defendant
improperly implied that he had mad
such original paintings for the de
+ fendant's work and had authorize
= the use Of his name as such artis
. PENDANTS had no right, without hi
consent, to reproduce these picture
with his name as artist upon them.
In the stipulation presented to tn
f court upon which the judgment wa
founded, the defendants admitted tha
their use of Mr.. Fuertes's name in con
nsction with thair publication wa
without his authority, and consente
y to the entry of decree in the forr
annexed 10 lnc StlpulatlOn. Judg
e Gegerich yesterday directed the entr
S of such judgment, which provided tina
S all of the defendants "bc enjoine
e from using the plaintiffs name in cor
), nection with the publication 'Natur
k Lovers Library and the advertiser
s. thereof, except as hereinafter provided
: viz: That no representations sha
h hereafter be made in the advertise
ments of said publication, or in tn
said publication itself, which sha
r declare or imply that any original wor
mas been done by the plaintiff fc
p said publication, or which shall b
e contrary to or inconsistant with tn
u fact that the bird pictures or plates i
= said publication bearing the name {
Is the plaintiff are reproductions of til
plates made on plaintiffs authority b
the State of New York, from origin;
drawings of the plaintiff; but that, S
q far as the plaintiff is concerned, tt
l defendants shall be free to use an
4 advertise the use of said pictures {
\ plates in connection with said publ
I cation, Nature Lovers Library and tt
/ plaintiffs name as that of the painte
of said original drawings"
Judge Danaher, of Albany, repr
sented j. B. Lyon Company; Benr
Lewinson was counsel for Nature Lo,
ers League of America Inc, an