Globe Newspaper Co. v. Walker,
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210 U.S. 356 (1908)
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U.S. Supreme Court
Globe Newspaper Co. v. Walker, 210 U.S. 356 (1908)
Globe Newspaper Co. v. Walker
Argued April 23, 1908
Decided June 1, 1908
210 U.S. 356
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. 305 reversed.
The facts are stated in the opinion.