Banks v. Manchester

Banks v. Manchester, 128 U.S. 244 (1888), was a United States Supreme Court ruling that dealt with copyright.

Banks v. Manchester
Supreme Court of the United States
Submitted October 29, 1888 Decided November 19, 1888
Full case name	Banks v. Manchester
Citations	128 U.S. 244 (more) 9 S. Ct. 36; 32 L. Ed. 425
Holding
States cannot confer copyrights on public domain case records to citizens or to states themselves.
Court membership
Chief Justice Melville Fuller Associate Justices Samuel F. Miller · Stephen J. Field Joseph P. Bradley · John M. Harlan Stanley Matthews · Horace Gray Samuel Blatchford · Lucius Q. C. Lamar II
Case opinion
Majority	Blatchford, joined by unanimous

Background

In 1882, to facilitate the printing of records of the Supreme Court of Ohio, the State of Ohio passed a resolution to establish a copyright held by the Supreme Court of Ohio's court reporter and advertised a contract for the lowest bidder to print copies of the records for Ohio in exchange for obtaining exclusive publishing rights for two years. H. W. Derby & Company won the bidding war and assigned all their right and interest in the contract to Banks & Brothers. Banks then contracted the Capital Printing and Publishing Company to print the books.

Banks proceeded to print various reports such as Bierce et al. v. Bierce et al. and The Scioto Valley Railway Company v. McCoy. Although for a time exclusive to Banks's publications, G. L. Manchester published the cases in the American Law Journal, a periodical. Banks sought to stop Manchester from printing the cases. Manchester refused because judges had authored the decisions and so he claimed that Banks did not have a copyright. Banks's position was that the state's copyright, which was held by court reporter E. L. De Witt and licensed to Banks & Brothers, afforded exclusivity.

Decision

The Court ruled that the state could not hold a copyright and affirmed its decision in Wheaton v. Peters by stating "what a court or a judge thereof cannot confer on a reporter as the basis of a copyright in him, they cannot confer on any other person or on the state."

External links

• Text of Banks v. Manchester, 128 U.S. 244 (1888) is available from: Cornell Google Scholar Justia Library of Congress