Lee v. Runge
Headline: Justice Douglas dissents after courts upheld a copyright using a low “originality” test, arguing copyrights should meet a stricter “novelty” standard like patents to limit monopolies over ideas.
Holding: The Court of Appeals upheld the author's copyright under a lower "originality" test, rejecting the argument that the book lacked novelty and finding it copyrightable.
- Limits on broad copyrights could be imposed, reducing monopolies over common ideas.
- Raises First Amendment concerns about monopoly over public debate and ideas.
- Could push courts to apply patent-like novelty tests to some copyrights.
Summary
Background
A woman who wrote a 1961 book called Face Lifting by Exercise sued after a former employee published a strikingly similar how-to book in 1965. The former employee was found liable for copying, and the Court of Appeals rejected her argument that the author’s work was not protectable because it lacked "novelty," instead applying a lower "originality" test and finding the book copyrightable.
Reasoning
The central question is whether Congress may grant exclusive rights for writings under the same constitutional limit that governs patents — to "promote the Progress of Science and useful Arts." Justice Douglas argues the same constitutional language should require a novelty standard for copyrights, not merely originality. He explains that novelty prevents monopolies over ideas already in the public domain, that patents and copyrights share the same constitutional root, and that allowing broad copyrights on commonplace ideas could conflict with free speech values.
Real world impact
If Douglas’s view were adopted, many broad copyrights that claim exclusive rights in commonly known ideas might fail, protecting public access to everyday information and political debate. He notes scholars who say applying novelty would not seriously harm the publishing industry, and he warns that current law leaves room for monopolies over ideas and raises First Amendment concerns. Because Douglas would have granted review, his position shows the issue is not settled and could change if the Court takes the case.
Dissents or concurrances
Douglas dissents from the outcome and would vote to review the constitutional standard, urging courts to require novelty for copyright validity.
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