Baker v. Selden

101 U.S. 99 (1879)

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Nature of the Case

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Facts

P, the testator of the complainant obtained a copyright of a book, entitled 'Selden's Condensed Ledger, or Book-keeping Simplified,' the object of which was to exhibit and explain a peculiar system of bookkeeping. The examples in the book were merely forms that consisting of ruled lines, and headings, illustrating the system and showing how it is to be used and carried out in practice. This system affects the same results as bookkeeping by double entry; but, by a peculiar arrangement of columns and headings, presents the entire operation, of a day, a week, or a month, on a single page, or two pages facing each other, in an account-book. P’s book on the subject was unsuccessful. D came along and printed a similar book which was very successful. P sued D for an alleged infringement of copyrights. D denied the infringement and contends on the argument that the matter alleged to be infringed is not a lawful subject of copyright. There is no doubt that D uses the same system as that which is explained and illustrated in P's books. P contends that the ruled lines and headings, given to illustrate the system, are a part of the book, and, as such, are secured by the copyright; and that no one can make or use similar ruled lines and headings, or ruled lines and headings made and arranged on substantially the same system, without violating the copyright. The court ruled for P and D appealed.