Backus v. Gould

Backus v. Gould, 48 U.S. 798 (1849), was a United States Supreme Court case in which the Court held the Copyright Act of 1831 requires the courts award damages from copyright infringement based on the number of copies found in the accused's possession, not the number of infringing copies that they ever printed.[1] At the time, at least in the case of books, a "copy" was defined as a complete reprinting or transcription of the work.[2]

Backus v. Gould
Decided March 18, 1849
Full case nameBackus v. Gould
Citations48 U.S. 798 (more)
7 How. 798; 12 L. Ed. 919
Holding
The Copyright Act of 1831 requires the courts award damages from copyright infringement based on the number of copies found in the accused's possession, not the number of infringing copies that they ever printed.
Court membership
Chief Justice
Roger B. Taney
Associate Justices
John McLean · James M. Wayne
John Catron · John McKinley
Peter V. Daniel · Samuel Nelson
Levi Woodbury · Robert C. Grier
Case opinion
MajorityMcLean

References
  1. Backus v. Gould, 48 U.S. (7 How.) 798 (1849).
  2. Morgan, James Appleton (1875). The Law of Literature. New York: James Cockcroft & Company. p. 241. Retrieved 15 July 2018.
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