"in a case like this, in which congress has not plainly marked our course"

by Prof. Shanel Rolfson 7 min read

428-456. (a) The protection given to copyrights is wholly statutory, and, in a case like this, in which Congress has not plainly marked the course to be followed by the judiciary, this Court must be circumspect in construing the scope of rights created by a statute that never contemplated such a calculus of interests.