The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
History
The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
Constitutional law -- United States; Constitutions -- United States
In giving to authors the exclusive right to dramatize any of their
works, Congress did not exceed its powers under this clause. Even as
applied to pantomime dramatization by means of silent motion pictures,
the act was sustained against the objection that it extended the
copyright to ideas rather than to the words in which they were
clothed.[1176] But the copyright of the description of an art in a book
was held not to lay a foundation for an exclusive claim to the art
itself. The latter can be protected, if at all, only by letters
patent.[1177] Since copyright is a species of property distinct from the
ownership of the equipment used in making copies of the matter
copyrighted, the sale of a copperplate under execution did not pass any
right to print and publish the map which the copperplate was designed to
produce.[1178] A patent right may, however, be subjected, by bill in
equity, to payment of a judgment debt of the patentee.[1179]
POWER OF CONGRESS OVER PATENT RIGHTS
Letters patent for a new invention or discovery in the arts confer upon
the patentee an exclusive property in the patented invention which
cannot be appropriated or used by the Government without just
compensation.[1180] Congress may, however, modify rights under an
existing patent, provided vested property rights are not thereby
impaired,[1181] but it does not follow that it may authorize an inventor
to recall rights which he has granted to others or reinvest in him
rights of property which he had previously conveyed for a valuable and
fair consideration.[1182] Furthermore, the rights which the present
statutes confer are subject to the Anti-Trust Acts, though it can be
hardly said that the cases in which the Court has endeavored to draw the
line between the rights claimable by patentees and the kind of
monopolistic privileges which are forbidden by those acts exhibit entire
consistency in their holdings.[1183]
STATE POWER AFFECTING PATENTS AND COPYRIGHTS
Nor do the patent laws displace the police or taxing powers of the
States. Whatever rights are secured to inventors must be enjoyed in
subordination to the general authority of the State over all property
within its limits. A statute of Kentucky requiring the condemnation of
illuminating oils which were inflammable at less than 130 degrees
Fahrenheit, was held not to interfere with any right secured by the
patent laws, although the oil for which the patent was issued could not
be made to comply with State specifications.[1184] In the absence of
federal legislation, a State may prescribe reasonable regulations for
the transfer of patent rights so as to protect its citizens from fraud.
Hence a requirement of State law that the words "given for a patent
right" appear on the face of notes given in payment for such right is
not unconstitutional.[1185] Royalties received from patents or
copyrights are subject to a nondiscriminating State income tax, a
holding to the contrary in 1928 having been subsequently
overruled.[1186]
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