| Banks v. Manchester | |
|---|---|
 | |
| Submitted October 29, 1888 Decided November 19, 1888 | |
| Full case name | Banks v. Manchester |
| Citations | 128 U.S. 244 ( more ) 9 S. Ct. 36; 32 L. Ed. 425 |
| Holding | |
| States cannot confer copyrights on public domain case records to citizens or to states themselves. | |
| Court membership | |
| |
| Case opinion | |
| Majority | Blatchford, joined by unanimous |
Banks v. Manchester, 128 U.S. 244 (1888), was a United States Supreme Court ruling that dealt with copyright.
In 1882, to facilitate the printing of records of the Supreme Court of Ohio, the State of Ohio passed a resolution to establish a copyright held by the Supreme Court of Ohio's court reporter and advertised a contract for the lowest bidder to print copies of the records for Ohio in exchange for obtaining exclusive publishing rights for two years. H. W. Derby & Company won the bidding war and assigned all their right and interest in the contract to Banks & Brothers. Banks then contracted the Capital Printing and Publishing Company to print the books.
Banks proceeded to print various reports such as Bierce et al. v. Bierce et al. and The Scioto Valley Railway Company v. McCoy. Although for a time exclusive to Banks's publications, G. L. Manchester published the cases in the American Law Journal, a periodical. Banks sought to stop Manchester from printing the cases. Manchester refused because judges had authored the decisions and so he claimed that Banks did not have a copyright. Banks's position was that the state's copyright, which was held by court reporter E. L. De Witt and licensed to Banks & Brothers, afforded exclusivity.
The Court ruled that the state could not hold a copyright and affirmed its decision in Wheaton v. Peters [1] by stating "what a court or a judge thereof cannot confer on a reporter as the basis of a copyright in him, they cannot confer on any other person or on the state." [2]
Itar-Tass Russian News Agency v. Russian Kurier, Inc., 153 F.3d 82, was a copyright case about the Russian language weekly Russian Kurier in New York City that had copied and published various materials from Russian newspapers and news agency reports of Itar-TASS. The case was ultimately decided by the United States Court of Appeals for the Second Circuit. The decision was widely commented upon and the case is considered a landmark case because the court defined rules applicable in the U.S. on the extent to which the copyright laws of the country of origin or those of the U.S. apply in international disputes over copyright. The court held that to determine whether a claimant actually held the copyright on a work, the laws of the country of origin usually applied, but that to decide whether a copyright infringement had occurred and for possible remedies, the laws of the country where the infringement was claimed applied.
Henry Wheaton was a United States lawyer, jurist and diplomat. He was the third reporter of decisions for the United States Supreme Court, the first U.S. minister to Denmark, and the second U.S. minister to Prussia.
The Copyright Act of 1790 was the first federal copyright act to be instituted in the United States, though most of the states had passed various legislation securing copyrights in the years immediately following the Revolutionary War. The stated object of the act was the "encouragement of learning," and it achieved this by securing authors the "sole right and liberty of printing, reprinting, publishing and vending" the copies of their "maps, charts, and books" for a term of 14 years, with the right to renew for one additional 14-year term should the copyright holder still be alive.
A work of the United States government, is defined by the United States copyright law, as "a work prepared by an officer or employee of the United States Government as part of that person's official duties." Under section 105 of the Copyright Act of 1976, such works are not entitled to domestic copyright protection under U.S. law and are therefore in the public domain.
The reporter of decisions of the Supreme Court of the United States is the official charged with editing and publishing the opinions of the Supreme Court of the United States, both when announced and when they are published in permanent bound volumes of the United States Reports. The reporter is responsible for only the contents of the United States Reports issued by the Government Publishing Office, first in preliminary prints and later in the final bound volumes. The reporter is not responsible for the editorial content of unofficial reports of the court's decisions, such as the privately published Supreme Court Reporter and Lawyers' Edition.
Wheaton v. Peters, 33 U.S. 591 (1834), was the first United States Supreme Court ruling on copyright. The case upheld the power of Congress to make a grant of copyright protection subject to conditions and rejected the doctrine of a common law copyright in published works. The Court also declared that there could be no copyright in the Court's own judicial decisions.
Richard Peters, Jr. was an American attorney and the fourth reporter of decisions of the Supreme Court of the United States, serving from 1828 to 1843.
The threshold of originality is a concept in copyright law that is used to assess whether a particular work can be copyrighted. It is used to distinguish works that are sufficiently original to warrant copyright protection from those that are not. In this context, "originality" refers to "coming from someone as the originator/author", rather than "never having occurred or existed before".
Baker v. Selden, 101 U.S. 99 (1879), was a leading Supreme Court of the United States copyright case cited to explain the idea-expression dichotomy.
The United States Reports are the official record of the Supreme Court of the United States. They include rulings, orders, case tables, in alphabetical order both by the name of the petitioner and by the name of the respondent, and other proceedings. United States Reports, once printed and bound, are the final version of court opinions and cannot be changed. Opinions of the court in each case are prepended with a headnote prepared by the Reporter of Decisions, and any concurring or dissenting opinions are published sequentially. The Court's Publication Office oversees the binding and publication of the volumes of United States Reports, although the actual printing, binding, and publication are performed by private firms under contract with the United States Government Publishing Office.
Preston Bierce Plumb was a United States senator from Kansas, as well as an officer in the Union Army during the American Civil War.
The copyright law of the United States grants monopoly protection for "original works of authorship". With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These exclusive rights are subject to a time limit and generally expire 70 years after the author's death or 95 years after publication. In the United States, works published before January 1, 1928, are in the public domain.
John McLean was an American jurist and politician who served in the United States Congress, as U.S. Postmaster General, and as a justice of the Ohio and U.S. Supreme Courts. He was often discussed for the Whig Party nominations for president, and is also one of the few people who served in all three branches of government.
Cooper Manufacturing Co. v. Ferguson, 113 U.S. 727 (1885), was a suit regarding the legitimacy of a sale of a steam engine and other machinery in the State of Ohio.
Edict of government is a technical term associated with the United States Copyright Office's guidelines and practices that comprehensively includes laws, which advises that such submissions will neither be accepted nor processed for copyright registration. It is based on the principle of public policy that citizens must have unrestrained access to the laws that govern them. Similar provisions occur in most, but not all, systems of copyright law; the main exceptions are in those copyright laws which have developed from English law, under which the copyright in laws rests with the Crown or the government.
Veeck v. Southern Bldg. Code Congress Int'l, Inc., 293 F.3d 791, was a 2002 en banc 9-6 decision of the United States Court of Appeals for the Fifth Circuit, about the scope of copyright protection for building codes and by implication other privately drafted laws adopted by states and municipal governments. A three-fifths majority of the court's fifteen judges held that copyright protection no longer applied to model codes once they were enacted into law.
Callaghan v. Myers, 128 U.S. 617 (1888), was a United States Supreme Court ruling dealing with copyright.
Georgia v. Public.Resource.Org, Inc., No. 18-1150, 590 U.S. ___ (2020), is a United States Supreme Court case regarding "whether the government edicts doctrine extends to—and thus renders uncopyrightable—works that lack the force of law, such as the annotations in the Official Code of Georgia Annotated" (OCGA). On April 27, 2020, the Court ruled 5–4 that the OCGA cannot be copyrighted because the OCGA's annotations were "authored by an arm of the legislature in the course of its legislative duties"; thus the Court found that the annotations fall under the government edicts doctrine and are ineligible for copyright.
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