Baker v.

Selden
Jan. 19, 1880 | Bradley, J
Copyright; Excluded from Protection

Doctrine: The copyright protection for a book explaining an art or system extends only to the author’s
unique explanation of it and does not prevent others from using the system or the forms incidentally
used.

Case Summary: Selden copyrighted a book in which he used in introductory essay explaining his
system of bookkeeping followed by forms to put the system to use. He had arranged the columns and
headings so that the entire operation of a day, week or month was on a single page or on two pages
facing each other. Baker then began selling forms with columns and headings arranged differently to
achieve the same result. When Selden successfully sued for copyright infringement, Defendant
appealed arguing that the forms were non-copyrightable. District and Circuit Courts ruled in favor of
Selden. Supreme Court however reversed the ruling holding that copyright protection for a book
explaining an art or system extends only to the author’s unique explanation of it and does not prevent
others from using the system or the forms incidentally used.

Facts:
 In 1859, Charles Selden obtained a copyright for his book entitled, “Selden’s Condensed Ledger, or
Bookkeeping Simplified”. Several books were later released by him covering the same subject matter
and are likewise secured with copyright protection.
o The series of books consisted of an introductory essay explaining the system of
bookkeeping and annexed with certain forms with ruled lines and headings. This system
effects the same results as book-keeping 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 on two pages facing each other, in an account-book
 Upon Selden’s death, it was found out that W.C.M. Baker produced a book on the same subject matter
to which a bill of complaint was filed against him for alleged infringement of Selden’s copyright.
o Baker’s book uses a similar plan as Selden’s so far as results are concerned but makes a
different arrangement of the columns, and uses different headings.
o Baker denied the infringement charged and contended that the matter alleged to be
infringed is not a lawful subject of copyright.
 District Court of Southern Ohio held that Baker's books were "in large and material part identical with
and infringements of the books of Selden system". The court ordered a permanent injunction to stop
Baker from "publication, sale, or otherwise disposing of his book." The Circuit Court affirmed.

Issue: W/N copyright protection for a book explaining an art or system prevent others from using the
system or the forms incidentally used? – NO

Ruling:
 The Supreme Court held that a book did not give an author the right to exclude others from practicing
what was described in the book. A book intended to convey instruction in the art, any person may
practice and use the art itself which he has described and illustrated therein.
o It also held that the copyright of a book on bookkeeping cannot secure the exclusive right
to make, sell, and use account books prepared upon the plan set forth in such a book.
 The copyright protection for a book explaining an art or system extends only to the author’s unique
explanation of it and does not prevent others from using the system or the forms incidentally used. To
find that a copyright protected against use of the system itself or the forms necessary to such use
would be to grant protection similar to a patent without requiring a showing of novelty.
 Copyright is based on originality, not novelty, and protects the explanation of the system and not the
use of the system. In the present case, therefore, the copyright Selden obtained could not give him the
exclusive right to use the bookkeeping system or the forms necessary to such use.

Disposition: Decree of Circuit Court is reversed and the case remanded with instructions to dismiss the
complainant’s bill.

Notes:
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