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Selden - Wikipedia

Baker v. Selden
Baker v. Selden, 101 U.S. 99 (1879), was a leading Supreme Court of the United States copyright case
cited to explain the idea-expression dichotomy.

The court held that a book did not give an author the right to exclude others from practicing what was
described in the book, only right to exclude reproduction of the material in the book. Exclusive rights to
an "useful art" described in a book was only available by patent.[1]

Baker v. Selden
Contents
Background
Procedural history
Opinion of the Court
Subsequent developments Supreme Court of the United
References States
Argued December 2–3, 1879
External links
Decided January 19, 1880
Full case Baker v. Selden
Background name
Citations 101 U.S. 99 (https://s
upreme.justia.com/u
In 1859, Charles Selden obtained copyright in a book he wrote called
s/101/99/case.html)
Selden's Condensed Ledger, or Book-keeping Simplified. In it the (more)
book described an improved system of book-keeping. The books 11 Otto 99; 25 L. Ed.
contained about twenty pages of primarily book-keeping forms and 841
only about 650 words. In addition, the books contained examples
Case history
and an introduction. In the following years Selden made several
other books, improving on the initial system. In total, Selden wrote Prior Appeal from the
six books, though, evidence suggests that they were really six Circuit Court of the
editions of the same book. United States for the
Southern District of
Selden, however, was unsuccessful in selling his books. He originally Ohio.
believed he could sell his system to several counties and the United Subsequent Reversed and
States Department of the Treasury. Those sales never happened. remanded.
Selden was forced to assign his interest—an interest that apparently Holding
was returned to his wife after his death in 1871. Exclusive rights to the "useful art"
described in a book are only
In 1867, W.C.M. Baker produced a book describing a very similar available by patent. The description
system. Unlike Selden, Baker was more successful at selling his itself is protectable by copyright.
book–selling it to some 40 counties within five years.
Court membership
Selden's widow, Elizabeth Selden, hired an attorney, Samuel S. Chief Justice
Fisher, a former Commissioner of Patents. In 1872, Fisher filed suit Morrison Waite
against Baker for copyright infringement. Associate Justices

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Procedural history Nathan Clifford · Noah H. Swayne

Samuel F. Miller · Stephen J.
The District Court of Southern Ohio held that Baker's books were "in Field
William Strong · Joseph P.
large and material part identical with and infringements of the books
Bradley
of Selden system". The court ordered a permanent injunction to stop
Ward Hunt · John M. Harlan
Baker from "publication, sale, or otherwise disposing of his book."
The Circuit Court affirmed. Case opinion
Majority Bradley, joined by
On appeal to the Supreme Court of the United States, Baker's unanimous
counsel argued that Selden's work was not appropriate subject
matter for copyright.

Opinion of the Court

The court opinion, authored by Justice Joseph P. Bradley, held that
a book did not give an author the right to exclude others from
practicing what was described in the book:

[W]hilst no one has a right to print or publish his book,

or any material part thereof, as 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.

...
A page from Selden's condensed
The copyright of a book on book-keeping cannot secure ledger. [1] (https://www.loc.gov/item/
the exclusive right to make, sell, and use account books 62055867/)
prepared upon the plan set forth in such a book.

The court wrote extensively about the distinction between patent law and copyright law. Exclusive rights
to the "useful art" described in a book was only available by patent. The description itself was protectable
by copyright.

In this sense, the Court clarified Selden merely held a copyright, not a patent.

The conclusion to which we have come is, that blank account-books are not the subject of
copyright; and that the mere copyright of Selden's book did not confer upon him the
exclusive right to make and use account-books, ruled and arranged as designated by him and
described and illustrated in said book.[1]

The Court reversed the ruling of the Circuit Court.

The decree of the Circuit Court must be reversed, and the cause remanded with instructions
to dismiss the complainant's bill.[1]

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Subsequent developments
The principal holding of Baker v. Selden is codified in §102(b) of the Copyright Act of 1976. Baker is still
heavily cited today, with more than 130 decisions citing it from 1984–2004.[2] Although Baker v. Selden
sharpened the idea-expression dichotomy, Pam Samuelson argues Baker is not the genesis of the
distinction nor of the “merger” doctrine ("which holds that if an idea can only be expressed in one or a
small number of ways, copyright law will not protect the expression because it has “merged” with the
idea").[3]

References
1. Baker v. Selden, 101 U.S. 99 (https://supreme.justia.com/cases/federal/us/101/99/) (1879).
2. Samuelson, Samuelson, Pamela. "A Turning Point in Copyright: Baker v. Selden and Its Legacy" (htt
p://escholarship.org/content/qt7qp3n8d1/qt7qp3n8d1.pdf) (PDF).
3. Pam, Samuelson. "The Story of Baker v. Selden" (http://escholarship.org/uc/item/0vw4q999).

External links
Works related to Baker v. Selden at Wikisource
Text of Baker v. Selden, 101 U.S. 99 (1879) is available from: Justia (https://supreme.justia.com/cas
es/federal/us/101/99/) Library of Congress (http://cdn.loc.gov/service/ll/usrep/usrep101/usrep10109
9/usrep101099.pdf) OpenJurist (https://openjurist.org/101/us/99)
Copy of Selden's Condensed Ledger, the work at issue in the case, from the Library of Congress;
available as a series of images (http://hdl.loc.gov/loc.rbc/general.55867.1) or in PDF format (http://hd
l.loc.gov/loc.rbc/general.55867.2)

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