Supreme Court of the United States

“ This needs no proof: it is the course of things, and is always done. The mere appointment proves all this. Was this engagement, this understanding, ever altered? Do not the judges of this court know that Mr Wheaton believed he was acquiring a property in his reports? Did they not suppose he would be entitled to it, if he took the necessary steps to secure it?
Were not the opinions of the judges their own to give away? Are opinions matter of record, as is pretended? Was such a thing ever heard of? They cannot be matters of record, in the usual sense of the term. ”

“ The constitution, by this provision, designed to make, and does in fact make us one nation, living under the same laws. It designed to give to all the citizens of the United States, not merely the benefits and privileges secured to them by national laws, but the benefit of all the laws of all the states, and the privileges conferred by them. Under this provision, a citizen of New York has all the privileges of the laws of Pennsylvania, whatever they may be. ”

“ The difference is, one is employed to act as a mere agent or servant, or clerk of the legislature, to prepare the laws to be properly promulgated. He is engaged to do what it is well understood never is copyrighted, and does not admit of copyright. There is a distinct understanding, a contract, that he is to do the work for his compensation, and not to claim a copyright. But a reporter is not an agent employed by congress. He is, and is understood to be engaged for himself, as principal; and congress buy eighty copies, and add a salary to his profit from his copy. ”

“ No person can have any rights opposed to the author's. He has the property, and it cannot stand in the way of another's property or rights. Besides, the objection goes to the whole of state legislation on any subject: for a state may, by its laws, curtail or affect the rights of citizens of other states, in other particulars, and why be so careful to prevent them in this? As we have already shown, copyrights have, in these respects, none of the mischiefs attending them which attend a right to inventions. ”

“ Both may exist and act in concert, and no conflict can occur, unless the state undertakes to deprive an author of what congress has secured to him. If that were a reason for taking away the state power, it would be a reason for depriving them of all power: for so long as they have power to legislate, they can pass laws to interrupt those of congress. It is impossible to imagine a case where a power of congress could receive so little interruption from the legislation of the states; because this is a power primarily over private right, and not for national purposes ”

“ It is believed that if the states have resigned to congress their power over copyrights, and have none remaining in themselves, yet that they have given the power to congress with a qualification and limitation, and have confined it in their hands, as they had power to do, simply to securing the right of the author. ”

“ We are willing to admit that this language is broad enough, and is adapted to transfer to congress the whole legislation and control over patents. There is at common law no property in them; there is not even a legal right entitled to protection. They have a moral or equitable right, but unknown to the law. Congress, therefore, when authorised to secure their rights, are authorised to do every thing ”

“ The month which may elapse after the right attaches, and before publication, and the six months before depositing the copy; show, that these things are not conditions precedent.
Natural rights are generally known by their own incidents. Property always carries with it its own indicia of ownership; and literary property not less than any other. The superaddition of record evidence, the highest known to law and all that is required of ownership of real estate, was probably deemed sufficient by congress; and they, therefore, required no other of the right of an author. ”

“ Congress never employed a reporter, and they never gave any one any compensation, before Mr Wheaton. Mr Cranch reported without compensation, and relied upon his copyright; and Mr Wheaton continued, with a full understanding that he was to report in the same way.
Are the court prepared to deprive all the authors of reports in this country of their copyrights? Of property which they have laboured to acquire, with the full belief, of all others as well as of themselves, that they were to be legally entitled to it?
8. The publication of the defendants is a violation of the complainants' rights. ”

“ Although united in this clause, and for the same purpose of being secured by congress, the subjects of patents and of copyrights have little analogy. They are so widely different, that the one is property, the other a legalized monopoly. The one may be held and enjoyed without injury to others; the other cannot, without great prejudice. The one is a natural right, the other in some measure against natural right. ”

“ A condition precedent is an act to be done precedently; and it is impossible to publish the record until the record is first made, and the right attaches on making the record.
The act of 1802 declares that the author, "before he shall be entitled to the benefit of the act" of 1790, shall, "in addition to the requisites," &c. Now what was the benefit of that act? It is entitled an act to secure the author's right; and the power of congress is to secure the right, i.e. an existing right. How does the act secure the right? ”

“ It is not necessary, however, to produce cases to prove a right so obvious, until cases are produced or principles established which show that it does not exist. There are necessarily but few cases, because the right has not been questioned. One fact is enough, without cases. ”

“ But it does not follow, that because congress are authorised to create de novo, and to secure the right to patents by mere force of the word secure, that they are therefore authorised by force of that word to create de novo, and then secure copyrights. For a very different process would then take place in relation to the two things. In creating patents they take nothing away. They deprive the inventor of no property. ”

“ Upon this point the counsel for the appellants argued at large, that the principles which applied to copyrights were different from those which regulated the property of inventions secured by a patent. That they were inserted in the clause of the constitution for brevity and comprehensiveness. That the framers of the constitution probably designed to give congress the complete and exclusive power over patents ”

“ We know the great price of law reports in England, and we know, of course, that but one person does publish, viz. the proprietor: that there are never contemporancous editions of the same reports: that a single whole edition is exhausted before another is published, and sometimes lasts half a century. ”

“ III., amending the statute of Anne, omits the provision in the statute of Anne intended to prevent too high a price. This shows that experience had proved that no such evil was to be apprehended. In Germany, where a free, perpetual copyright exists, books are cheaper than any where else in the world. (Maugham 14, 15.)
Congress had power to apply the remedy, and they did apply it, when they thought proper, by fixing the price.
It is attempted to put judicial decisions on the same ground as statutes. It is the duty of legislators to promulgate their laws. ”

“ Is one to be divested of property, is a common rule of law to be overthrown, because the imagination of man can devise a danger which may arise, however improbable? And besides, in this case the reporter would lose his salary; and in all cases [p616] he must lose his place, if he were guilty of any of such absurdities.
As to enhancing the price, which is one of the evils apprehended, if the author were to do it unreasonably he would lose his place; and he must always do it to his own injury, for he would lose his sales and profit. In England, the statute of 54 Geo. ”

“ But because they both come from invention or mental labour, and in addition, because they are so joined in the constitution; we have become accustomed to regard them as in all respects alike, and equally dependent on the legislative favour for existence and protection. ”

“ The act of 1802 does not make the publication and delivery conditions precedent, because it is impossible they should be so. The first act vests the right on recording the title. It then gives two months to publish the record, and six months to deliver the copy. ”

“ If, then, congress have not the power to impair the author's propery, and if the requisites as to publication and delivery of [p606] the copy, if made conditions precedent, do impair it; they are so far unconstitutional; and the appellants have a right to claim the benefit of the act without performing them.
4. A citizen of one state has the same common law property in his copy, in other states, as the citizens of these states can have ”