Facts of the Case
"The complainants in their bill state that Henry Wheaton is the author of twelve books or volumes of the reports of cases argued and adjudged in the Supreme Court of the United States, and commonly known as 'Wheaton's Reports,' which contain a connected and complete series of the decisions of said Court from the year 1816 until the year 1827. That before the first volume was published, the said Wheaton sold and transferred his copyright in the said volume to Matthew Carey of Philadelphia, who, before the publication, deposited a printed copy of the title page of the volume in the Clerk's Office of the District Court of the Eastern District of Pennsylvania, where he resided. That the same was recorded by the said clerk according to law, and that a copy of the said record was caused by said Carey to be inserted at full length in the page immediately following the title of said book. And the complainants further state that they have been informed and believe that all things which are necessary and requisite to be done in and by the provisions of the Acts of Congress of the United States passed 31 May, 1790, and 29 April, 1802, for the purpose of securing to authors and proprietors the copyrights of books and for other purposes in order to entitle the said Carey to the benefit of the said acts have been done."
Conclusions
-
No reporter of the decisions of the Supreme Court has, nor can he have, any copyright in the written opinions delivered by the Court, and the Judges of the Court cannot confer on any reporter any such right.
Administrative Common Law and the Original Meaning of Judicial Review Under the APA
Administrative Law Practice Group Newsletter - Volume 3, Issue 2, Summer 1999
In 1946 Congress enacted a "comprehensive statement of the right, mechanics, and scope of judicial...