c) Folsom v. Marsh

The 1841 court case Folsom v. Marsh holds a crucial place in the annals of copyright law, particularly for establishing the doctrine of “fair use” in the United States. This landmark legal decision set the groundwork for what constitutes fair use, striking a balance between the rights of creators and the public interest.

In Folsom v. Marsh, the dispute centered around the unauthorized use of letters written by George Washington, which were published in a biography by the plaintiff, Charles Folsom. The defendant, Joseph Marsh, had used substantial portions of these letters in a separate work. The court, led by Justice Joseph Story, was tasked with determining whether this usage constituted copyright infringement.

Justice Story’s ruling was pioneering in its approach to copyright law. He acknowledged the need to protect the rights of authors and creators, ensuring they could reap the rewards of their intellectual labor. However, he also recognized the importance of allowing for the reasonable use of copyrighted material for purposes such as criticism, comment, teaching, scholarship, or research, without it constituting an infringement. This consideration led to the articulation of what we now refer to as the “fair use” doctrine.

The principles laid out in Folsom v. Marsh continue to be a cornerstone of copyright law, guiding how copyrighted materials can be used without infringement. The fair use doctrine plays a vital role in fostering creativity, innovation, and the free exchange of ideas, balancing the interests of creators with those of the public and the advancement of knowledge. The case’s legacy is evident in the ongoing discussions and legal interpretations of fair use in the ever-evolving landscape of copyright law.