Banks & Bros. v. West Publishing Co.
U.S. Circuit Court for the District of Minnesota
In Equity. This is a suit brought by the complainants to restrain the defendant from publishing the opinions of the supreme court of Iowa, the complainants claiming that the exclusive right of such publication is vested in them. The Northwestern Reporter, in which are published these opinions, as well as those of the supreme, courts of other northwestern states, was first issued by the defendant in 1879, and has been since a continuous weekly publication.
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In Equity. This is a suit brought by the complainants to restrain the defendant from publishing the opinions of the supreme court of Iowa, the complainants claiming that the exclusive right of such publication is vested in them. The Northwestern Reporter, in which are published these opinions, as well as those of the supreme, courts of other northwestern states, was first issued by the defendant in 1879, and has been since a continuous weekly publication. It is this publication of opinions which the complainants seek to enjoin. The exclusive right of complainants is claimed by virtue of a…
1Opinion of the CourtBrewer, J.
The complainants insist that the state owns,—is the “proprietor,” within the meahing of the term as found in section 4952, Eev. St., of the opinions of its judges; that as proprietor it may take out a copyright in those opinions; that chapter 60, Laws 1880, provides for such copyright; and that the contract transfers the benefit thereof to complainants. They further insist that if not within the scope of the act of congress, the state has a common-law property right in the opinions of its judges; that it can determine how they shall be published; and that having contracted with complainants…
2Cases cited2 opinions
- Myers v. CallaghanUnited States Circuit Court · 1881
- Little v. GouldU.S. Circuit Court for the District of Northern New York · 1851
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- Code Revision Comm'n Ex Rel. Gen. Assembly of Ga. v. Public.Resource.Org, Inc.Court of Appeals for the Eleventh Circuit · 2018
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