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    Core documents by: Date Place Core documents for: Italy Germany France Britain United States All documents for: Italy Germany France Britain United States Original language: English French German Italian Latin Browse documents by: Person ... by name ... by occupation ... by life dates Place Institution Legislation Case law Browse commentaries by: Person ... by name ... by occupation ... by life dates Place Institution Legislation Case law Browse database by: Key words Editors' login:  | | Baker v. Selden, Washington D.C. (1879) Source: The University of Texas Tarlton Law Library Stack 215: Baker v. Selden, 101 U.S. 99 (1879). Citation: Baker v. Selden (1879), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org Record Images Commentary Record-ID: us_1879b Full title Baker v. Selden, 101 U.S. 99 Full title original language N/A Abstract A seminal case on the issue of copyrightable subject matter decided by the Supreme Court. The decision denied copyright protection to an accounting form on the ground that functional methods and systems were not proper subject matter of copyright and could only be protected by a patent. The commentary surveys the litigation and its background, the Supreme Court decision, and the broader context of late nineteenth century development of American copyright law within which Baker v. Selden fits. It concludes by briefly discussing the various doctrines of modern copyright law whose origin is traceable, at least in part, to the Baker decision. Bibliography Hudson, Thomas B. "A Brief History of the Development of Design Patent Protection in the United States." 30 J. Pat. Off. Soc'y 380 (1948). Samuelson, Pamela. "The Story of Baker v. Selden: Sharpening the Distinction Between Authorship and Invention." In Intellectual Property Stories 159 (Jane C. Ginsburg & Rochelle Cooper Dreyfuss eds., 2006). ___. "Why Copyright Law Excludes Systems and Processes from the Scope of Its Protection." 85 Tex. L. Rev. 1921 (2007). Related documents in this database Author N/A Publisher N/A Location Washington D.C. Year 1879 Language English Source The University of Texas Tarlton Law Library Stack 215: Baker v. Selden, 101 U.S. 99 (1879). Physical description N/A Illustrations tables N/A Persons referred to Baker, William C. M. (fl.1867-1879) Bradley, Joseph Philo (1813-1892) Lloyd, Harlan P. (fl.1877-1879) Malins, Sir Richard (1805-1882) Moulton, Charles W. (fl.1879) Romilly, Sir John (1802-1874) Selden, Charles (d.1871) Selden, Elizabeth (fl.1872-1879) Southard, Milton Isaiah (1836-1905) Taft, Alphonso (1810-1891) Thompson, Smith (1768-1843) Persons referred to in commentary Baker, William C. M. (fl.1867-1879) Bradley, Joseph Philo (1813-1892) Drone, Eaton Sylvester (1842-1917) Selden, Charles (d.1871) Selden, Elizabeth (fl.1872-1879) Thompson, Smith (1768-1843) Places referred to N/A Places referred to in commentary England Hamilton County, Ohio Legislation referred to U.S. Constitutional Copyright Clause 1789 U.S. Copyright Act 1831, 21st Cong., 2d Sess., 4 Stat. 436 Legislation referred to in commentary Copyright of Designs Act, 1839, 2 Vict., c.12 U.S. Industrial Designs Protection Act 1842, 5 Stat. 543 U.S. Patent Act 1861 U.S. Copyright Act 1976 Cases referred to Clayton v. Stone, 5 F. Cases 999 (S.D.N.Y. 1829) Drury v. Ewing (1862), 1 Bond's Rep., 540 Page v. Wisden, 20 Law Times 435 (1869) Cobbett v. Woodward (1872) L.R. 14. Eq 407 Baker v. Selden, 101 U.S. 99 (1879) Cases referred to in commentary Clayton v. Stone, 5 F. Cases 999 (S.D.N.Y. 1829) Drury v. Ewing (1862), 1 Bond's Rep., 540 Page v. Wisden, 20 Law Times 435 (1869) Cobbett v. Woodward (1872) L.R. 14. Eq 407 Baker v. Selden, 101 U.S. 99 (1879) Mazer v. Stein, 347 U.S. 201 (1954) Institutions referred to Court of Chancery, England Ohio District Court Patent Office, U.S. Department of State U.S. Congress U.S. Supreme Court Institutions referred to in commentary Ohio District Court Patent Office, U.S. Department of State U.S. Copyright Office U.S. Department of Treasury U.S. Supreme Court Key words books, protected subject matter constitution, US derivatives fair use idea/expression patents, for invention property theory, authors' property public domain technical manuals Responsible editor Oren Bracha Copyright status Original document is out of copyright. In so far as these scans are protected by copyright, they are made available on the same terms as translations and commentaries (see home page). | |||||
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| Primary Sources on Copyright (1450-1900), Faculty of Law, University of Cambridge, 10 West Road, Cambridge CB3 9DZ, UK | |||||||
