Copyright status of works by the federal government of the United States

658:

prohibition against copyright in section 105 applies to "any work of the United States Government," which is defined in section 101 as "a work prepared by an officer or employee of the United States Government as part of that person's official duties." Under this definition a Government official or employee would not be prevented from securing copyright in a work written at that person's own volition and outside his or her duties, even though the subject matter involves the Government work or professional field of the official or employee. Although the wording of the definition of "work of the United States Government" differs somewhat from that of the definition of "work made for hire," the concepts are intended to be construed in the same way. A more difficult and far-reaching problem is whether the definition should be broadened to prohibit copyright in works prepared under U.S. Government contract or grant. As the bill is written, the Government agency concerned could determine in each case whether to allow an independent contractor or grantee, to secure copyright in works prepared in whole or in part with the use of Government funds. The argument that has been made against allowing copyright in this situation is that the public should not be required to pay a "double subsidy," and that it is inconsistent to prohibit copyright in works by Government employees while permitting private copyrights in a growing body of works created by persons who are paid with Government funds. Those arguing in favor of potential copyright protection have stressed the importance of copyright as an incentive to creation and dissemination in this situation, and the basically different policy considerations, applicable to works written by Government employees and those applicable to works prepared by private organizations with the use of Federal funds. The bill deliberately avoids making any sort of outright, unqualified prohibition against copyright in works prepared under Government contract or grant. There may well be cases where it would be in the public interest to deny copyright in the writings generated by Government research contracts and the like; it can be assumed that, where a Government agency commissions a work for its own use merely as an alternative to having one of its own employees prepare the work, the right to secure a private copyright would be withheld. However, there are almost certainly many other cases where the denial of copyright protection would be unfair or would hamper the production and publication of important works. Where, under the particular circumstances, Congress or the agency involved finds that the need to have a work freely available outweighs the need of the private author to secure copyright, the problem can be dealt with by specific legislation, agency regulations, or contractual restrictions.

143:

which stated that "The publication or republication by the Government, either separately or in a public document, of any material in which copyright is subsisting shall not be taken to cause any abridgment or annulment of the copyright or to authorize any use or appropriation of such copyright material without the consent of the copyright proprietor." The committee report on the bill that became the Act of 1909 explains that the savings clause was inserted "for the reason that the Government often desires to make use in its publications of copyrighted material, with the consent of the owner of the copyright, and it has been regarded heretofore as necessary to pass a special act every time this was done, providing that such use by the Government should not be taken to give to anyone the right to use the copyrighted material found in the Government publication".

234:

Supplement, a contractor may assert claim to copyright in scientific and technical articles based on or containing data first produced in the performance of a contract and published in academic, technical or professional journals, symposia proceedings, or the like. The express written permission of the Contracting Officer is required before the contractor may assert or enforce the copyright in all other works first produced in the performance of a contract. However, if a contract includes Alternate IV of the clause, the Contracting Officer's approval is not required to assert claim to copyright. Whenever the contractor asserts claim to copyright in works other than computer software, the government, and others acting on its behalf, are granted a license to reproduce, prepare

197:

continue to confer certain benefits, notably in the challenging a defendant's claim of innocent infringement, where the question of proper notice may be a factor in assessing damages in infringement actions. Under the revised Section 403, these benefits are denied to a work consisting predominantly U.S. Government works "unless the notice of copyright appearing on the published copies or phonorecords to which a defendant in the copyright infringement suit had access includes a statement identifying, either affirmatively or negatively, those portions of the copies or phonorecords embodying any work or works protected under this title".

103:

the public printing for the States was done under contract by private publishers. The publisher would not bear the expense of printing and publishing, however, unless he could be given exclusive rights. To enable the State to give exclusive rights to a publisher, a number of States enacted statutes providing that court reporters or other State officials who prepared copyrightable material in their official capacity should secure copyright in trust for or on behalf of the State. Such copyrights for the benefit of the State were sustained by the courts.

95:

have copyright in books consisting of the text of Federal or State court decisions, statutes, rules of judicial procedures, etc., i.e., governmental edicts and rulings. Copyright was denied on the grounds of public policy: such material as the laws and governmental rules and decisions must be freely available to the public and made known as widely as possible; hence there must be no restriction on the reproduction and dissemination of such documents.

114:, where a collection of letters and other private writings of George Washington had been published and copyrighted by his successors, the purchase of the manuscripts by the United States Government was held not to affect the copyright. The contention of the defendant that the Government's ownership of the manuscripts made them available for publication by anyone was denied. 185:'preponderantly of one or more works of the United States Government', the copyright notice (if any) identify those parts of the work in which copyright is claimed. A failure to meet this requirement would be treated as an omission of the notice", resulting, absent the application of some exception, in the loss of copyright protection. 317:

The lack of copyright protection for works of the United States government does not apply to works of U.S. subnational governments. Thus, works created by a state or local government may be subject to copyright. Some states have placed much of their work into the public domain by waiving some or all

210:

Unlike works of the U.S. government, works produced by contractors under government contracts are protected under U.S. copyright law. The holdership of the copyright depends on the terms of the contract and the type of work undertaken. Contract terms and conditions vary between agencies; contracts to

98:

While copyright was denied in the text of court decisions, material added by a court reporter on his own – such as leadnotes, syllabi, annotations, indexes, etc. – was deemed copyrightable by him, although he was employed by the government to take down and compile the court decisions. These cases may

301:

under the Standard Reference Data Act. National Defense Authorization Act (NDAA), FY2020, granted civilian members of the faculty at twelve federal government institutions the authority to retain and own copyright of works produced in the course of employment for publication by a scholarly press or

122:

The Printing Law of 1895, which was designed to centralize in the Government Printing Office, the printing, binding, and distribution of Government documents, contained the first statutory prohibition of copyright in Government publications. Section 52 of that Law provides for the sale by the Public

657:

The basic premise of section 105 of the bill is the same as that of section 8 of the present law —that works produced for the U.S. Government by its officers and employees should not be subject to copyright. The provision applies the principle equally to unpublished and published works. The general

233:

Under the FAR general data rights clause (FAR 52.227-14), the government has unlimited rights in all data first produced in performance of or delivered under a contract, unless the contractor asserts a claim to copyright or the contract provides otherwise. Unless provided otherwise by an Agency FAR

102:

There appears to be no court decision before 1895 dealing directly with the question of whether the United States Government might obtain or hold copyright in material not within the public policy rule. But the question did arise with respect to State Governments. In the nineteenth century much of

196:

amended the law to make the use of a copyright notice optional on copies of works published on and after March 1, 1989 and also revised Section 403. After the adoption of this act, a copyright notice was no longer necessary to secure copyright protection. Including the notice, however, does

94:

Prior to the Printing Act of 1895, no statute governed copyright of U.S. government works. Court decisions had established that an employee of the Federal Government had no right to claim copyright in a work prepared by him for the Government. Other decisions had held that individuals could not

58:

Publication of an otherwise protected work by the U.S. government does not put that work in the public domain. For example, government publications may include works copyrighted by a contractor or grantee; copyrighted material assigned to the U.S. Government; or copyrighted information from other

142:

Section 7 of the Copyright Act of 1909 (later codified as Section 8 of title 17 U.S.C.) provided that "No copyright shall subsist ... in any publication of the United States Government, or any reprint, in whole or in part, thereof ..." Section 7 also contained a "savings clause",

78:

Prior to 1895, no court decision had occasion to consider any claim of copyright on behalf of the Government itself. Courts had, however, considered whether copyright could be asserted as to the text of laws, court decisions, governmental rules, etc., and concluded that such material were not

529:

The prohibition on copyright protection for United States Government works is not intended to have any effect on protection of these works abroad. Works of the governments of most other countries are copyrighted. There are no valid policy reasons for denying such protection to United States

176:

aimed at a publishing practice that, while technically justified under the present law, has been the object of considerable criticism. In cases where a Government work is published or republished commercially, it has frequently been the practice to add some "new matter" in the form of an

392:, administrative rulings, legislative enactments, public ordinances, and similar official legal documents, not copyrightable for reasons of public policy. This applies to such works whether they are federal, state, or local as well as to those of foreign governments. 254:

can hold copyrights that are transferred to it. Copyright law's definition of work of the United States government does not include work that the government owns but did not create. For example, in 1837, the federal government purchased former U.S. President

123:

Printer of "duplicate stereotype or electrotype plates from which any Government publication is printed", with the proviso "that no publication reprinted from such stereotype or electrotype plates and no other Government publication shall be copyrighted".

79:

subject to copyright as a matter of public policy. But other material prepared for State Governments by their employees, notably the headnotes, syllabi, annotations, etc. prepared by court reporters, had been held copyrightable on behalf of the States.

99:

be said to have established the principle that material prepared by a government employee outside of the scope of the public policy rule was copyrightable; and that the employee who prepared such material on his own could secure copyright therein.

177:

introduction, editing, illustrations, etc., and to include a general copyright notice in the name of the commercial publisher. This in no way suggests to the public that the bulk of the work is uncopyrightable and therefore free for use.

1214: 1061: 411: 60: 438: 1401: 163:

Section 403 of the 1976 Act introduced a new provision concerning documents consisting preponderantly of one or more government works. In essence, such works would be denied copyright protection unless the required

238:, distribute, perform and display the copyrighted work. For computer software produced under FAR contract, the scope of the government's license does not include the right to distribute to the public, but for " 82:

The Copyright Act of 1909 was the first copyright statute to address government publications. Section 7 of the Act (later codified as Section 8 of title 17 U.S.C.) provided that "No copyright shall subsist

106:

Two cases before 1895 may also be noted with regard to the question of the rights of individual authors (or their successors) in material prepared for, or acquired by, the United States Government. In

1489: 1272: 988: 271:

Works by certain independent agencies, corporations and federal subsidiaries may not be considered "government works" and may, therefore, be copyrightable. For instance, material produced by the

275:

are typically subject to normal copyright. Most USPS materials, artwork, and design and all postage stamps as of January 1, 1978, or after are subject to copyright laws. Works of the former

1799: 1385: 311: 961: 1588: 1296: 1249: 1209: 110:, an artist was held to have no right to secure copyright in drawings prepared by him as a member of Commodore Perry's expedition, since the drawings belonged to the Government. In 1612: 1540: 1465: 1377: 1620: 872: 1604: 1644: 1684: 981: 1548: 1449: 466:: "A 'work of the United States Government' is a work prepared by an officer or employee of the United States Government as part of that person's official duties." 1807: 1361: 1950: 1024: 1724: 1457: 1141: 974: 401: 155:. The House Report to the enacted legislation stated that "the basic premise of section 105 of the bill is the same" as section 8 of the former title 17. 1740: 1596: 416: 1369: 1708: 932: 924: 909: 902: 887: 857: 850: 820: 813: 40:, as "a work prepared by an officer or employee of the United States Government as part of that person's official duties". Under section 105 of the 1329: 1198: 1441: 230:

provides copyright guidance for the civilian agencies and NASA. Additionally, some agencies may have their own FAR Supplements that they follow.

318:

of their rights under copyright law. For example, the constitution and laws of Florida have placed its government's works in the public domain.

1863: 1628: 1532: 1516: 1425: 1232: 327: 1831: 1636: 751: 1945: 1940: 1847: 1823: 1700: 1473: 298: 276: 1855: 1756: 1417: 1099: 1030: 294: 1815: 1660: 1572: 1481: 1393: 1163: 1008: 997: 951: 835: 543: 478: 459: 363: 330:) are treated, for copyright purposes, as the U.S. government. Their works therefore fall under § 105 and lack copyright protection. 286: 280: 263:, for $ 30,000. If this is construed as covering copyright as well as the physical papers, it would be an example of such a transfer. 37: 674:"17 U.S. Code § 403 - Notice of copyright: Publications incorporating United States Government works - Historical and Revision Notes" 599:

Copyright Law Revision: Studies Prepared for the Subcomm. on Patents, Trademarks, and Copyrights of the Senate Comm. on the Judiciary

1716: 1508: 718: 1203: 319: 1905: 1772: 767:

An Act making appropriations for the civil and diplomatic expenses of Government for the year eighteen hundred and thirty-seven

359: 223: 801: 797: 777: 773: 1018: 530:

Government works in foreign countries, or for precluding the Government from making licenses for the use of its works abroad.

421: 385: 794: 770: 681: 652: 181:"To make the notice meaningful rather than misleading", section 403 of the 1976 Act required that, when the copies consist 1764: 1732: 1668: 1169: 789:

The following year, Congress authorized publication of the papers, suggesting that the transaction did include copyright.

627: 1871: 1839: 1192: 1180: 272: 172:

U.S. Government work, and therefore subject to copyright protection. According to the House Report, this provision was

1353: 351: 1918: 613:"Copyright in government publications: Historical background, judicial interpretation, and legislative clarification" 1652: 695: 1900: 1748: 1157: 346:

of government agencies, while not copyrightable, are still protected by other laws that are similar in effect to

1174: 239: 645:"17 U.S. Code § 105 - Subject matter of copyright: United States Government works - House Report No. 94–1476" 1255: 1186: 1049: 1034: 928: 906: 884: 854: 817: 520: 151:

The Sections of the Copyright Act that now govern U.S. Government work were enacted in 1976 as part of the

1044: 126:

The provision in the Printing Act concerning copyright of government works was probably the result of the

55:

law. The U.S. government asserts that it can still hold the copyright to those works in other countries.

1676: 1524: 1125: 1109: 1094: 1089: 1084: 152: 41: 350:

laws. Such laws are intended to protect indicators of source or quality. For example, some uses of the

86:... in any publication of the United States Government, or any reprint, in whole or in part, thereof". 44:, such works are not entitled to domestic copyright protection under U.S. law and are therefore in the 1104: 127: 75:. Section 52 of that Act provided that copies of "Government Publications" could not be copyrighted. 72: 17: 1911: 1337: 406: 379: 131: 1409: 1345: 952:

3.1.7 Does the Government have copyright protection in U.S. Government works in other countries?

748: 1305: 1039: 495: 725:. Oak Ridge, TN: CENDI Secretariat, Information International Associates, Inc. Archived from 242:

software", the government typically obtains no better license than would any other customer.

226:(FAR). There are a number of FAR provisions that can affect the ownership of the copyright. 134:(1843–1914) to privately copyright a government-published set of Presidential proclamations. 1890: 1564: 1321: 1013: 547: 389: 193: 165: 1791: 1692: 1580: 1433: 1313: 936: 913: 891: 861: 824: 755: 433: 235: 598: 1556: 323: 260: 1934: 1895: 966: 256: 216: 45: 34: 726: 704: 71:

The first Federal statute concerning copyright in government publications was the

839: 367: 290: 673: 644: 482: 463: 544:"Frequently Asked Questions About Copyright: Issues Affecting the US Government" 168:

included a statement specifically identifying those parts of the work that were

612: 51:

This act only applies to U.S. domestic copyright as that is the extent of U.S.

355: 251: 347: 1215:

WIPO Copyright and Performances and Phonograms Treaties Implementation Act

1062:

412:

339: 310:

For details regarding every state, locality and organized territory, see

61:

1057:

956: 601:", 86th Cong., 2d Sess. 29-30 (Comm. Print 1961)(Study 33), pp. 23-42. 189:

Derivative works after the Berne Convention Implementation Act of 1988

343: 439:

National Data Sharing and Accessibility Policy – Government of India

212: 970: 962:

Knowledge (XXG): United States government attribution templates

130:, which involved an effort in the late 1890s by Representative 747:

See definitions of data and unlimited rights and 27.404-1 at

159:

Derivative works consisting predominantly of government works

749:

https://acquisition.gov/far/current/html/Subpart%2027_4.html

723:

Commerce, Energy, NASA, Defense Information Managers Group

219:

may differ significantly from civilian agency contracts.

1800:

Elektra Records Co. v. Gem Electronic Distributors, Inc.

312:

1589:

Computer Associates International, Inc. v. Altai, Inc.

1250:

Unlocking Consumer Choice and Wireless Competition Act

1210:

Online Copyright Infringement Liability Limitation Act

791:

An Act authorizing the printing of the Madison papers,

527:. United States House of Representatives. p. 59. 283:(due to its former position as a cabinet department). 1613:

Itar-Tass Russian News Agency v. Russian Kurier, Inc.

1541:

Midway Manufacturing Co. v. Artic International, Inc.

1378:

Sony Corp. of America v. Universal City Studios, Inc.

1621:

Sony Computer Entertainment, Inc. v. Connectix Corp.

1783: 1500: 1295: 1286: 1265: 1242: 1225: 1150: 1134: 1118: 1077: 1070: 521:"Copyright Law Revision (House Report No. 94-1476)" 1605:Dr. Seuss Enters., L.P. v. Penguin Books USA, Inc. 696: 546:. Oak Ridge, TN: CENDI Secretariat. Archived from 542:CENDI Copyright Working Group (October 8, 2008). 1685:Bill Graham Archives v. Dorling Kindersley, Ltd. 593: 591: 589: 587: 585: 1549:Apple Computer, Inc. v. Franklin Computer Corp. 1450:American Broadcasting Cos., Inc. v. Aereo, Inc. 583: 581: 579: 577: 575: 573: 571: 569: 567: 565: 194:The Berne Convention Implementation Act of 1988 1808:Broderbund Software Inc. v. Unison World, Inc. 1645:Veeck v. Southern Building Code Congress Int'l 1362:White-Smith Music Publishing Co. v. Apollo Co. 297:to secure copyright for works produced by the 1025:Compendium of U.S. Copyright Office Practices 982: 883:Compendium II: Copyright Office Practices, § 717:CENDI Copyright Working Group (August 2004). 228:FAR Subpart 27.4—Rights in Data and Copyright 222:Civilian agencies and NASA are guided by the 8: 719:"Frequently Asked Questions About Copyright" 668: 666: 496:"Frequently Asked Questions about Copyright" 455: 453: 1725:Penguin Group (USA) Inc. v. American Buddha 1370:Williams & Wilkins Co. v. United States 1142:Berne Convention Implementation Act of 1988 597:Copyright in Government Publications, in: " 402:Classified information in the United States 90:Copyright in government works prior to 1895 1741:Viacom International Inc. v. YouTube, Inc. 1597:American Geophysical Union v. Texaco, Inc. 1292: 1074: 989: 975: 967: 474: 472: 388:considers "edicts of government", such as 1709:Cartoon Network, LP v. CSC Holdings, Inc. 925:Compendium II: Copyright Office Practices 903:Compendium II: Copyright Office Practices 851:Compendium II: Copyright Office Practices 814:Compendium II: Copyright Office Practices 306:State, territorial, and local governments 1442:Kirtsaeng v. John Wiley & Sons, Inc. 1330:Burrow-Giles Lithographic Co. v. Sarony 1199:Fairness in Music Licensing Act of 1998 684:from the original on November 17, 2023. 655:from the original on February 4, 2024. 449: 1864:Equals Three, LLC v. Jukin Media, Inc. 1637:A&M Records, Inc. v. Napster, Inc. 1533:Walt Disney Productions v. Air Pirates 1517:Roth Greeting Cards v. United Card Co. 1426:Costco Wholesale Corp. v. Omega, S. A. 1233:Family Entertainment and Copyright Act 873:Florida Constitution Article I, §24(a) 633:from the original on December 7, 2023. 328:Trust Territory of the Pacific Islands 1832:RealNetworks, Inc. v. Streambox, Inc. 694:§ 403 Pub. L. 94-553 (Oct. 19, 1976) 7: 1951:United States government information 1848:Arista Records LLC v. Lime Group LLC 1824:Bridgeman Art Library v. Corel Corp. 1701:Perfect 10, Inc. v. Amazon.com, Inc. 1474:Georgia v. Public.Resource.Org, Inc. 277:United States Post Office Department 63:is governed by its own set of laws. 31:work of the United States government 18:Work of the United States Government 1856:Capitol Records, LLC v. ReDigi Inc. 1757:Authors Guild, Inc. v. Google, Inc. 1629:Nunez v. Caribbean Int'l News Corp. 1490:Andy Warhol Foundation v. Goldsmith 1418:MGM Studios, Inc. v. Grokster, Ltd. 1100:International Copyright Act of 1891 1816:Playboy Enterprises, Inc. v. Frena 1661:In re Aimster Copyright Litigation 1573:Vault Corp. v. Quaid Software Ltd. 1482:Google LLC v. Oracle America, Inc. 1394:Campbell v. Acuff-Rose Music, Inc. 1164:Copyright Remedy Clarification Act 998:Copyright law of the United States 701:Tooltip Public Law (United States) 25: 1717:Ahanchian v. Xenon Pictures, Inc. 1509:Berlin v. E.C. Publications, Inc. 1466:Fourth Estate v. Wall-Street.com 1458:Star Athletica v. Varsity Brands 1204:Digital Millennium Copyright Act 769:, 24th Cong., Sess. II, Ch. 33, 1906:Home Recording Rights Coalition 793:25th Cong., Sess. II, Ch. 264, 259:'s manuscripts from his widow, 224:Federal Acquisition Regulations 1019:United States Copyright Office 422:Open data in the United States 386:United States Copyright Office 1: 1765:Lenz v. Universal Music Corp. 1733:Monge v. Maya Magazines, Inc. 1669:NXIVM Corp. v. Ross Institute 1170:Copyright Renewal Act of 1992 206:Works produced by contractors 1872:Hachette v. Internet Archive 1840:Mannion v. Coors Brewing Co. 1193:Copyright Term Extension Act 1181:Uruguay Round Agreements Act 338:Certain works, particularly 273:United States Postal Service 73:Printing Law enacted in 1895 1946:United States trademark law 1941:United States copyright law 1354:Bobbs-Merrill Co. v. Straus 678:Legal Information Institute 649:Legal Information Institute 352:Central Intelligence Agency 1967: 1653:Kelly v. Arriba Soft Corp. 957:U.S. government web portal 935:February 11, 2011, at the 912:February 11, 2011, at the 860:February 11, 2011, at the 823:February 11, 2011, at the 611:Price, Brian (Fall 1976). 417:Freedom of Information Act 377: 309: 295:U.S. Secretary of Commerce 1886: 1749:Seltzer v. Green Day, Inc 1158:Visual Artists Rights Act 1004: 147:The Copyright Act of 1976 138:The Copyright Act of 1909 1919:You Wouldn't Steal a Car 1175:Audio Home Recording Act 358:are regulated under the 240:commercial off the shelf 118:The Printing Law of 1895 1256:Music Modernization Act 1187:No Electronic Theft Act 1050:Section 108 Study Group 320:Unorganized territories 1901:Don't Copy That Floppy 1656:(9th Cir. 2002 / 2003) 1402:Quality King v. L'anza 1045:Register of Copyrights 501:. CENDI. section 3.1.7 299:Department of Commerce 179: 59:sources. Further, the 1677:BMG Music v. Gonzalez 1525:Eltra Corp. v. Ringer 1126:Copyright Act of 1976 1110:Copyright Act of 1909 1095:Copyright Act of 1870 1090:Copyright Act of 1831 1085:Copyright Act of 1790 174: 153:Copyright Act of 1976 42:Copyright Act of 1976 1105:Printing Act of 1895 374:Edicts of government 1912:Nimmer on Copyright 1795:(C.C.D. Mass. 1841) 1338:Banks v. Manchester 620:Military Law Review 407:Public.Resource.Org 380:Edict of government 132:James D. Richardson 128:"Richardson Affair" 1410:Eldred v. Ashcroft 1346:Callaghan v. Myers 890:2013-05-12 at the 754:2013-06-02 at the 428:In other countries 334:Other restrictions 33:is defined by the 1928: 1927: 1882: 1881: 1835:(W.D. Wash. 2000) 1306:Wheaton v. Peters 1282: 1281: 1040:Copyright Catalog 729:on April 21, 2016 390:judicial opinions 108:Heine v. Appleton 16:(Redirected from 1958: 1891:Berne Convention 1867:(C.D. Cal. 2015) 1819:(M.D. Fla. 1993) 1811:(N.D. Cal. 1986) 1773:Naruto v. Slater 1565:Whelan v. Jaslow 1322:Trade-Mark Cases 1293: 1075: 1014:Copyright Clause 991: 984: 977: 968: 940: 922: 916: 900: 894: 881: 875: 870: 864: 848: 842: 833: 827: 811: 805: 787: 781: 764: 758: 745: 739: 738: 736: 734: 714: 708: 702: 698: 692: 686: 685: 670: 661: 660: 641: 635: 634: 632: 617: 608: 602: 595: 560: 559: 557: 555: 550:on March 4, 2009 539: 533: 532: 517: 511: 510: 508: 506: 500: 492: 486: 476: 467: 457: 354:logo, name, and 236:derivative works 184: 166:copyright notice 85: 21: 1966: 1965: 1961: 1960: 1959: 1957: 1956: 1955: 1931: 1930: 1929: 1924: 1878: 1875:(S.D.N.Y. 2023) 1859:(S.D.N.Y. 2013) 1851:(S.D.N.Y. 2010) 1843:(S.D.N.Y. 2005) 1827:(S.D.N.Y. 1999) 1803:(E.D.N.Y. 1973) 1792:Folsom v. Marsh 1779: 1776:(9th Cir. 2018) 1768:(9th Cir. 2015) 1752:(9th Cir. 2013) 1736:(9th Cir. 2012) 1720:(9th Cir. 2010) 1712:(2nd Cir. 2008) 1704:(9th Cir. 2006) 1696:(2nd Cir. 2006) 1693:Blanch v. Koons 1688:(2nd Cir. 2006) 1680:(7th Cir. 2005) 1664:(7th Cir. 2003) 1648:(5th Cir. 2002) 1640:(9th Cir. 2001) 1632:(1st Cir. 2000) 1624:(9th Cir. 2000) 1608:(9th Cir. 1997) 1600:(2nd Cir. 1995) 1584:(2nd Cir. 1992) 1581:Rogers v. Koons 1576:(5th Cir. 1988) 1560:(9th Cir. 1986) 1544:(7th Cir. 1983) 1536:(9th Cir. 1978) 1528:(4th Cir. 1978) 1520:(9th Cir. 1970) 1496: 1434:Golan v. Holder 1314:Baker v. Selden 1288: 1278: 1261: 1238: 1221: 1146: 1130: 1114: 1066: 1000: 995: 948: 943: 937:Wayback Machine 923: 919: 914:Wayback Machine 901: 897: 892:Wayback Machine 882: 878: 871: 867: 862:Wayback Machine 849: 845: 834: 830: 825:Wayback Machine 812: 808: 788: 784: 780:, March 3, 1837 765: 761: 756:Wayback Machine 746: 742: 732: 730: 716: 715: 711: 700: 693: 689: 672: 671: 664: 643: 642: 638: 630: 615: 610: 609: 605: 596: 563: 553: 551: 541: 540: 536: 519: 518: 514: 504: 502: 498: 494: 493: 489: 477: 470: 458: 451: 447: 434:Crown copyright 430: 398: 382: 376: 336: 326:and the former 315: 308: 269: 248: 208: 203: 191: 182: 161: 149: 140: 120: 112:Folsom v. Marsh 92: 83: 69: 23: 22: 15: 12: 11: 5: 1964: 1962: 1954: 1953: 1948: 1943: 1933: 1932: 1926: 1925: 1923: 1922: 1915: 1908: 1903: 1898: 1893: 1887: 1884: 1883: 1880: 1879: 1877: 1876: 1868: 1860: 1852: 1844: 1836: 1828: 1820: 1812: 1804: 1796: 1787: 1785: 1781: 1780: 1778: 1777: 1769: 1761: 1760:(2d Cir. 2015) 1753: 1745: 1744:(2d Cir. 2012) 1737: 1729: 1728:(2d Cir. 2011) 1721: 1713: 1705: 1697: 1689: 1681: 1673: 1672:(2d Cir. 2004) 1665: 1657: 1649: 1641: 1633: 1625: 1617: 1616:(2d Cir. 1998) 1609: 1601: 1593: 1592:(2d Cir. 1992) 1585: 1577: 1569: 1568:(3d Cir. 1986) 1561: 1557:Fisher v. Dees 1553: 1552:(3d Cir. 1983) 1545: 1537: 1529: 1521: 1513: 1512:(2d Cir. 1964) 1504: 1502: 1501:Appeals courts 1498: 1497: 1495: 1494: 1486: 1478: 1470: 1462: 1454: 1446: 1438: 1430: 1422: 1414: 1406: 1398: 1390: 1386:Feist v. 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