Legal Opinion

Walton v. United States

Court of Appeals for the Federal Circuit

Decided January 8, 2009No. 2008-5057PublishedCited by 18 opinions

1Opinion of the Court

FRIEDMAN, Circuit Judge.

A federal prisoner seeks to recover from the United States for copyright infringement involving the government’s use of calendars he created as part of his assigned duties in prison. We hold that 28 U.S.C. § 1498(b) (2008), the statute governing copyright infringement suits against the federal government, does not authorize his suit. We therefore affirm the judgment of the Court of Federal Claims that dismissed his complaint.

I

The basic facts are undisputed. While an inmate at the United States Prison Leavenworth, the Appellant Robert James Walton was assigned to work…

2Cases cited9 opinions

  1. Williams v. TaylorSupreme Court of the United States · 2000
  2. United States v. TestanSupreme Court of the United States · 1976
  3. Federal Communications Commission v. Pacifica FoundationSupreme Court of the United States · 1978
  4. Montclair v. RamsdellSupreme Court of the United States · 1883
  5. Bowers v. New York & Albany Lighterage Co.Supreme Court of the United States · 1927

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3Cited by18 opinions

  1. Cohen v. United StatesUnited States Court of Federal Claims · 2011
  2. Cohen v. United StatesUnited States Court of Federal Claims · 2011
  3. Keehn v. United StatesUnited States Court of Federal Claims · 2013
  4. Cohen v. United StatesUnited States Court of Federal Claims · 2012
  5. Advanced Aerospace Technologies, Inc. v. United StatesUnited States Court of Federal Claims · 2016

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