United States Supreme Court Cases & Opinions

U.S. Supreme Court

Banks v. Manchester, 128 U.S. 244 (1888)

Banks v. Manchester

No. 45

Submitted October 29, 1888

Decided November 19, 1888

128 U.S. 244

Syllabus

In a hearing on bill and answer, allegations of new matter in the answer are to be taken as true.

Where the judge of the Supreme Court of a state prepares the opinion or decision of the court, the statement of the case and the syllabus or headnote, and the reporter of the court takes out a copyright for such matter in his name "for the state," the copyright is invalid.

A copyright, as it exists in the United States, depends wholly on the legislation of Congress.

The judge who, in his judicial capacity, prepares the matter above mentioned is not its author or proprietor in the sense of § 4952 of the Revised Statutes, so that the state can become his assigns and take out a copyright for such matter.

Bill in equity to restrain the defendant from infringing the plaintiffs' copyright. The defendant answered, and the complainants demurred to the answer. Decree dismissing the bill, from which plaintiffs appealed. The case is stated in the opinion of the court.

Page 128 U. S. 245