Baker v. Selden
Encyclopedia
Baker v. Selden, , was a leading Supreme Court of the United States
copyright
case cited
to explain the idea-expression dichotomy
.
in a book he wrote called Selden's Condensed Ledger, or Book-keeping Simplified. In it the book described an improved system of book-keeping. The books contained about twenty pages of primarily book-keeping forms and only about 650 words. In addition, the books contained examples and an introduction. In the following years Selden made several other books, improving on the initial system. In total, Selden wrote six books, though, evidence suggests that they were really six editions of the same book.
Selden, however, was unsuccessful in selling his books. He originally believed he could sell his system to several counties and the United States Department of the Treasury
. Those sales never happened. Selden was forced to assign
his interest—an interest that apparently was returned to his wife after his death in 1871.
In 1867, W.C.M. Baker produced a book describing a very similar system. Unlike Selden, Baker was more successful at selling his book–selling it to some 40 counties within five years.
Selden's widow, Elizabeth Selden, hired an attorney
, Samuel S. Fisher, a former Commissioner of Patents. In 1872, Fisher filed suit against Baker for copyright infringement
.
On appeal to the Supreme Court of the United States
, Baker's counsel argued that Selden's work was not appropriate subject matter for copyright.
The court wrote extensively about the distinction between patent law and copyright law. Exclusive rights to the "useful art" described in a book was only available by patent. The description itself was protectable by copyright.
.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
case cited
Legal citation
Legal citation is the practice of crediting and referring to authoritative documents and sources. The most common sources of authority cited are court decisions , statutes, regulations, government documents, treaties, and scholarly writing....
to explain the idea-expression dichotomy
Idea-expression divide
The idea–expression divide or idea–expression dichotomy limits the scope of copyright protection by differentiating an idea from the expression or manifestation of that idea.The case of Baker v. Selden was the first U.S...
.
Facts
In 1859, Charles Selden obtained copyrightCopyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
in a book he wrote called Selden's Condensed Ledger, or Book-keeping Simplified. In it the book described an improved system of book-keeping. The books contained about twenty pages of primarily book-keeping forms and only about 650 words. In addition, the books contained examples and an introduction. In the following years Selden made several other books, improving on the initial system. In total, Selden wrote six books, though, evidence suggests that they were really six editions of the same book.
Selden, however, was unsuccessful in selling his books. He originally believed he could sell his system to several counties and the United States Department of the Treasury
United States Department of the Treasury
The Department of the Treasury is an executive department and the treasury of the United States federal government. It was established by an Act of Congress in 1789 to manage government revenue...
. Those sales never happened. Selden was forced to assign
Assignment (law)
An assignment is a term used with similar meanings in the law of contracts and in the law of real estate. In both instances, it encompasses the transfer of rights held by one party—the assignor—to another party—the assignee...
his interest—an interest that apparently was returned to his wife after his death in 1871.
In 1867, W.C.M. Baker produced a book describing a very similar system. Unlike Selden, Baker was more successful at selling his book–selling it to some 40 counties within five years.
Selden's widow, Elizabeth Selden, hired an attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
, Samuel S. Fisher, a former Commissioner of Patents. In 1872, Fisher filed suit against Baker for copyright infringement
Copyright infringement
Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.- "Piracy" :...
.
Procedural history
The District Court of Southern Ohio held that Baker's books were "in large and material part identical with and infringements of the books of Selden system". The court ordered a permanent injunction to stop Baker from "publication, sale, or otherwise disposing of his book." The Circuit Court affirmed.On appeal to the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, Baker's counsel argued that Selden's work was not appropriate subject matter for copyright.
Holding
The court opinion, authored by Justice Joseph P. Bradley, first held that a book did not give an author the right to exclude others from practicing what was described in the book:- "[W]hilst no one has a right to print or publish his book, or any material part thereof, as a book intended to convey instruction in the art, any person may practice and use the art itself which he has described and illustrated therein.
- ...
- "The copyright of a book on book-keeping cannot secure the exclusive right to make, sell, and use account books prepared upon the plan set forth in such a book."
The court wrote extensively about the distinction between patent law and copyright law. Exclusive rights to the "useful art" described in a book was only available by patent. The description itself was protectable by copyright.
Results
The principal holding of Baker v. Selden is codified in §102(b) of the Copyright ActCopyright Act
Copyright Act may refer to:Canada* Copyright Act of CanadaHong Kong*Copyright Ordinance 1997India*New Zealand* Copyright Act 1994United Kingdom...
.
External links
- Full text of the decision & case resources from Justia & Northwestern-Oyez
- A Turning Point in Copyright: Baker v. Selden
- The Story of Baker v. Selden
- Copy of Selden's Condensed Ledger, the work at issue in the case, from the Library of Congress; available as a series of images or in PDF format