United States Supreme Court Cases & Opinions

U.S. Supreme Court

Globe Newspaper Co. v. Walker, 210 U.S. 356 (1908)

Globe Newspaper Co. v. Walker

No. 210

Argued April 23, 1908

Decided June 1, 1908

210 U.S. 356

Syllabus

The right of an author in the United States to multiply copies of his works after publication is the creation of a new right by federal statute under constitutional authority, and not a continuation of a common law right. Wheaton v. Peters, 8 Pet. 590.

While a general liability or right created by statute without a remedy may be enforced by an appropriate common law action, when a special remedy is coupled therewith, that remedy is exclusive. Pollard v. Bailey, 20 Wall. 520.

Although remedies given by a statute to protect property in copyright may be inadequate for the purpose intended, the courts cannot enlarge the remedy. Congress alone has power so to do by amending the statute.

Congress having, by §§ 4965-4970, Rev.Stat., provided a remedy for those whose copyrighs in maps are infringed, a civil action at common law for money damages cannot be maintained against the infringers.

140 F.3d 5 reversed.

The facts are stated in the opinion.

Page 210 U. S. 360