Banks v. Manchester

Judicial decisions, though expressive, may not be copyrighted under the precedent of Banks v. Manchester, 128 U.S. 244 (1888). “The whole work done by the judges constitutes the authentic exposition and interpretation of the law, which, binding every citizen, is free for publication to all, whether it is a declaration of unwritten law, or an interpretation of a constitution or a statute.” Id. at 253 (citation omitted).

While that decision cited the copyright statute, this rule may also derive from the U.S. Constitution. “[T]his court … was unanimously of opinion that no reporter has or can have any copyright in the written opinions delivered by this court; and that the judges thereof cannot confer on any reporter any such right.” Id. at 254 (quotation omitted).

There are many works that are or should also be beyond the reach of federal copyright laws, including statutes, regulations and government-mandated questionnaires, as well as old works with expiring copyright terms.