In 1912, Theodore Roosevelt was nearing the end of a hard-fought presidential election campaign.2 Critical to his success was a final whistle-stop journey through the American heartland. At each stop, Roosevelt planned to inspire his audiences with his powerful oratorical skills, and give everyone in attendance a small pamphlet, some three million of which had been printed and packed away in boxcars. On the cover of the pamphlet was a stern, “presidential” portrait; inside was the transcript of a stirring speech called “Confession of Faith.” With luck, this strategy would clinch the critical votes.
The barnstorming campaign was about to begin when a campaign worker discovered a small line on each photograph that read, “Moffett Studios, Chicago.” Since Moffett held the copyright, the unauthorized use of each photo could each cost the campaign one dollar. The potential $3 million cost of distributing all the pamphlets would greatly exceed the campaign’s available resources. The campaign workers were near panic. What should they do? What could they do?