Holmes v. Hurst

Holmes v. Hurst, 174 U.S. 82 (1899), was a United States Supreme Court case in which the Court held when someone begins printing a serial book in a magazine, they may file for copyright of the entire book even if the book does not exist as a completed whole. Failing that, the book is in the public domain, as expected.[1]

Holmes v. Hurst
Argued March 8, 1899
Decided April 24, 1899
Full case nameHolmes v. Hurst
Citations174 U.S. 82 (more)
19 S. Ct. 606; 43 L. Ed. 904
Holding
When someone begins printing a serial book in a magazine, they may file for copyright of the entire book even if the book does not exist as a completed whole. Failing that, the book is in the public domain, as expected.
Court membership
Chief Justice
Melville Fuller
Associate Justices
John M. Harlan · Horace Gray
David J. Brewer · Henry B. Brown
George Shiras Jr. · Edward D. White
Rufus W. Peckham · Joseph McKenna

In specific, the Court decided The Autocrat of the Breakfast-Table by Oliver Wendell Holmes Sr. had entered the public domain because of its publication in Atlantic Monthly without copyright notices or an attempt to register a copyright. Its subsequent registration and publication as a whole book by Holmes could not take the individual chapters out of the public domain, so the owner of the book's copyright after Holmes's death could not prevent the publication of those chapters assembled in order as an equivalent book.[2]

The Supreme Court later heard a similar case, Mifflin v. R. H. White Company, about the sequel to The Autocrat.[3]

References
  1. Holmes v. Hurst, 174 U.S. 82 (1899).
  2. Hamlin, Arthur Sears (1904). Copyright Cases. New York and London: G. P. Putnam's Sons. pp. 84–86.
  3. Mifflin v. R. H. White Company, 174 U.S. 82 (1899)
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