Merrell v. Tice

1881 United States Supreme Court case
Merrell v. Tice
Full case nameMerrell v. Tice
Citations104 U.S. 557 (more)
14 Otto 557; 26 L. Ed. 854
Holding
Because statutory procedures exist for producing evidence of copyright formality observance, evidence of at least such veracity is required to prove copyright claims.

Merrell v. Tice, 104 U.S. 557 (1881), was a United States Supreme Court ruling dealing with copyright. At the time, a prerequisite for having a copyright was delivering two copies of the material to the Library of Congress within a time limit. Tice sued Merrell for copyright infringement and the lower courts were sympathetic; he just had to prove that he had observed that prerequisite. As evidence, Tice presented notes purportedly from the Library of Congress that certified that he had sent the book to the Library on time. Appeals of the case eventually landed it in the Supreme Court.

The Court determined that the letter was an example of what he would need, but was not sufficient to prove his case. Because there were statutory procedures for obtaining more suitable evidence from the Library of Congress and the Post Office, the Court overturned the lower court ruling and ordered that the case be retried.[1]

References

  1. ^ "Merrell v. Tice, 104 U.S. 557 (1881)". Justia. Retrieved March 17, 2018.

External links

  • Text of Merrell v. Tice, 104 U.S. 557 (1881) is available from: Justia  Library of Congress 
  • v
  • t
  • e
U.S. Supreme Court Article I case law
Enumeration Clause of Section II
Qualifications Clauses of Sections II and III
Elections Clause of Section IV
Origination Clause of Section VII
Presentment Clause of Section VII
Commerce Clause of Section VIII
Dormant Commerce Clause
Others
Coinage Clause of Section VIII
Legal Tender Cases
Copyright Act of 1790
Patent Act of 1793
Patent infringement case law
Patentability case law
Copyright Act of 1831
Copyright Act of 1870
Sherman Antitrust Act of 1890
International Copyright Act of 1891
Copyright Act of 1909
Patent misuse case law
Clayton Antitrust Act of 1914
Lanham Act
Copyright Act of 1976
Other copyright cases
Other patent cases
Other trademark cases
Habeas corpus Suspension Clause of Section IX
No Bills of Attainder or Ex post facto Laws Clause of Section IX
Contract Clause of Section X
Legal Tender Cases
Others
Compact Clause of Section X


Stub icon

This article related to the Supreme Court of the United States is a stub. You can help Wikipedia by expanding it.

  • v
  • t
  • e