Brief Fact Summary. Baker (Defendant) sold forms similar to forms contained in a bookkeeping system within Selden’s (Plaintiff) copyrighted book.
Synopsis of Rule of Law. The copyright protection for a book explaining an art or system extends only to the author’s unique explanation of it and does not prevent others from using the system or the forms incidentally used.
Issue. Does copyright protection for a book explaining an art or system prevent others from using the system or the forms incidentally used?
Held. (Bradley, J.) No. The copyright protection for a book explaining an art or system extends only to the author’s unique explanation of it and does not prevent others from using the system or the forms incidentally used.  To find that a copyright protected against use of the system itself or the forms necessary to such use would be to grant protection similar to a patent without requiring a showing of novelty. Copyright is based on originality, not novelty, and protects the explanation of the system and not the use of the system. In this case, therefore, the copyright Selden (Plaintiff) obtained could not give him the exclusive right to use the bookkeeping system or the forms necessary to such use. Reversed and remanded.
It is valid without regard to the novelty or want of novelty of its subject matter.
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