Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53 (1884), was a case decided by the Supreme Court of the United States that upheld the power of Congress to extend copyright protection to photography.
The federal trial court for the Southern District of New York, though expressing some doubt over the constitutionality of § 4952, declined to invalidate it and awarded a $610 judgment ($21,000 in modern dollars[2]) to Sarony.
As such, their interpretation of the Constitution, Justice Miller wrote, "is of itself entitled to very great weight, and when it is remembered that the rights thus established have not been disputed during a period of nearly a century, it is almost conclusive."
Even if other visual works could be copyrighted, Burrow-Giles argued, photography was merely a mechanical process rather than an art, and could not embody an author's "idea".
"[3] This control that Sarony exercised over the subject matter, in the view of the Court, showed that he was the "author" of "an original work of art" and thus within the "class" of things for which the Constitution intended Congress to grant him exclusive rights under the copyright laws.