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.

[2] The painting remained with the University until it sold reproduction rights to the defendant, New York Graphic Society.

But on the authority of the case Parton v. Prang, the court held that to reserve the copyright when the sole tangible embodiment of the work is transferred, the author must make an express reservation at the time of the transfer.

The court held that Pushman's sale was unconditional because he did not expressly reserve any rights at the time of the transfer.