Baker v. Selden (101 U.S., 1879)

Core idea: A book can get copyright in the words, tables, and layout used to explain a method. But the method itself is free for everyone unless it is protected by a patent.

Selden wrote books explaining a new bookkeeping system with special tables. Baker later published books that used the same system but with his own tables and headings. The Court said this was not copyright infringement. Copyright protects the expression, not the system.

• Did Baker infringe Selden’s copyrights by publishing books using a similar bookkeeping system?
• Does copyright give an exclusive right to use the system described in a book?

• Idea–Expression Dichotomy: Copyright covers the expression (text, diagrams, tables), not the idea or method behind them.
• Patent v. Copyright: If you want to stop others from using a system, seek a patent. Copyright alone cannot block practical use.
• Functional Forms: Forms or tables that are necessary to use a method are not monopolized by copyright in the method’s description.

Held for Baker. The Court ruled that using the system set out in Selden’s books was not infringement, because copyright does not give a monopoly over the method itself.

The ratio is simple: Publishing a method does not grant an exclusive right to practice it. Copyright protects the author’s explanation (words, arrangement) but not the practical use of the method itself. Granting such control through copyright would be a “fraud on the public.”

• Protects learning: people may read a book and then use the method taught.
• Separates IP paths: use patent for practical control; use copyright for expressive control.
• Guides modern disputes over software UI, templates, and functional documents.

Mnemonic: B-A-K-E-R — Book protected, Art (method) not, Keep ideas free, Express safeguarded, Request patent for control.

1. Spot the method vs. the words/tables.
2. Ask which right is claimed: copyright or patent?
3. Conclude that only the expression is protected here.

Issue: Does copyright in a book about a system give the right to stop others from using that system?

Rule: Copyright protects expression, not ideas or methods; patent law protects methods.

Application: Baker used the method but expressed it with different tables and headings. That is not copying the protected expression.

Conclusion: No infringement. To control use of a method, the author must rely on patent protection, not copyright.

Idea–Expression Dichotomy

The rule that ideas are free, but the way you express them can be protected.

Functional Form

A table or template required to carry out a method; not exclusively controlled by copyright in the method’s description.

Patent

An exclusive right to use and license an invention or method, for a limited time.