Copyright and the Supreme Court
Copyright is a legal framework that grants creators exclusive rights to their original works, balancing the protection of intellectual property with the public's interest in accessing and using that content. The U.S. Supreme Court has played a crucial role in interpreting copyright law, ensuring that copyrights do not create monopolies that could stifle creativity and innovation. Historically significant cases include Wheaton v. Peters (1834), which affirmed that limited-duration copyrights serve the public good, and Baker v. Selden (1879), which clarified that only the specific expression of an idea is eligible for copyright protection, rather than the idea itself.
The Court has also addressed the nuances of fair use, weighing the rights of copyright owners against the need for public access. In contemporary rulings, cases such as MGM Studios, Inc. v. Grokster, Ltd. (2005) and Kirtsaeng v. John Wiley & Sons, Inc. (2013) have shaped the landscape of copyright law, addressing issues like liability for third-party copyright violations and the applicability of the first sale doctrine to works produced abroad. Additional landmark decisions have further refined the understanding of copyright protection in relation to artistic expression and the prerequisites for legal actions against copyright infringement. Overall, the Supreme Court's interpretations continue to influence how copyright law evolves in response to new technologies and societal needs.
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Subject Terms
Copyright and the Supreme Court
Description: Protection granted to the creator of an original work of authorship fixed in a tangible medium of expression confers the exclusive right to make copies, create derivative works, distribute, display, or perform the work publicly.
Significance: In defining the scope of copyright protection, the Supreme Court attempted to balance the rights of the work’s creator against the public interest in the free exchange of ideas.
Concerned that a copyright might perpetuate an undesirable monopoly, the Supreme Court carefully interpreted the copyright statute. In Wheaton v. Peters (1834), the Court stated that a copyright of limited duration is in the public interest, and in Baker v. Selden (1879), it held that only the original expression of an idea is copyrightable, not the idea itself. Likewise, in Feist Publications v. Rural Telephone Service Co. (1991), the Court decided that copyright does not protect facts unless their selection or arrangement is original.
![Red Copyright Made by Jon Harald Søby July 20, 2005, based on an earlier version by Rafał Pocztarski. (see below) [Public domain], via Wikimedia Commons 95329571-91967.jpg](https://imageserver.ebscohost.com/img/embimages/ers/sp/embedded/95329571-91967.jpg?ephost1=dGJyMNHX8kSepq84xNvgOLCmsE2epq5Srqa4SK6WxWXS)
![The Patent Office, c. 1855, Edward Sachse & Co. chromolithograph, from the original in the National Portrait Gallery Smithsonian Institution By Cliff (Flickr: The Patent Office) [CC-BY-2.0 (creativecommons.org/licenses/by/2.0)], via Wikimedia Commons 95329571-91968.jpg](https://imageserver.ebscohost.com/img/embimages/ers/sp/embedded/95329571-91968.jpg?ephost1=dGJyMNHX8kSepq84xNvgOLCmsE2epq5Srqa4SK6WxWXS)
Although the statute permits certain fair use without the owner’s permission, the tension between the owner’s rights and the public interest remains. When an otherwise infringing work is alleged to be a parody of the original work, the Court has sought to ensure that the market for the owner’s original work is not displaced by the parody. Similarly, the Court has determined the owner’s exclusive right to publish the work may outweigh another’s claim of fair use when the part of the work used, even if minimal, is the heart of the entire work. In the twenty-first century, four notable supreme court rulings have impacted copyright law. In 2005, MGM Studios, Inc. v. Grokster, Ltd. set precedent concerning an entity's liability when distributing products which may have third-party uses which will violate copyright. Kirtsaeng v. John Wiley & Sons, Inc. in 2013 found that the first sale doctrine applied to copies of copyrighted work made abroad. The 2017 Star Athletica, LLC v. Varsity Brands, Inc. determined that a feature of a piece of art may only be copyright protected if the work could be a stand-alone piece of art. In 2019, Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, determined that a copyright lawsuit may be brought only once the Copyright Office registers the copyright, but once registered, the owner can recover for damages incurred before or after the registration of the copyright.
Bibliography
"Copyrights Supreme Court Cases." Justia, 2022, supreme.justia.com/cases-by-topic/copyrights/. Accessed 5 Apr. 2023.
"Decisions of the U.S. Supreme Court." Cornell Law School, www.law.cornell.edu/supct/cases/copyrt.htm. Accessed 5 Apr. 2023.
Mazumdar, Anandashankar. "Historic Court Cases That Helped Shape Scope of Copyright Protections." Library of Congress Blogs, 9 Sept. 2020, blogs.loc.gov/copyright/2020/09/historic-court-cases-that-helped-shape-scope-of-copyright-protections/. Accessed 5 Apr. 2023.