Art

In Patent Law. A principle put in practice and applied to some art. machine, manufacture, or composition of matter. Earle v. Sawyer.

4.Mas. 1, Fed Cas. No. 4,- 241.

See COPYKTQH I': l'.\ Under the tariff laws an artist's copies of antique masterpieces are works of art of as high a grade as those exe ated by the same hand from original models of modern sculptors: Tutton v. Viti, 108 U. S. 312, 2 laws includes professional productions of statuary or of a sculptor only; U. S. R. S. 478. This definition is held to embrace such works of art as are the result of the artist's own creation or are copies of them made under his supervision, as distinguished from the productions of the manufacturer or mechanic. For most practical purposes works of art may be divided into four classes: 1. The fine arts properly so called, intended solely for ornamental purposes and including paintings in oil and water, upon canvas, plaster or other material, and original statuary of marble, bronze, or stone.

2.

Minor objects of art intended also for ornamental purposes, such as statuettes, vases, drawings, etchings and articles whicb pass under the general name of bric-a-brac, and are susceptible of an indefinite number of reproductions from the original.

3.

Objects of art which serve primarily an ornamental, and incidentally a useful purpose, such as painted or stained glass windows, tapestry, paper hangings, etc.

4.

Objects primarily designed for a useful purpose, but made ornamental to gratify the taste, such as ornamented clocks, the higher grade of carpets, curtains, gas fixtures and household and table furniture; U. S. v. Perry, 146 U. S. 74, 13 Sup. Ct. 26, 36 L. Ed. 890. No special favor is extended by congress to any of these classes except the first, which is alone recognized as belonging to the domain of high art; id., where stained glass windows were held not to be exempt from duty as paintings imported for the use of a religious society and not intended for sale. Under the tariff act of 1897, plaster casts of clay models, though gilded and painted and produced in unlimited quantities, are "casts of sculpture" and entitled to free entry when specially imported in good faith for the use and by the order of any society established solely for religious, philosophical, scientific, educational or literary purposes; Benziger v. U. S., 192 U. S. 38, 24 Sup. Ct. 189, 48 L. Ed. 331.