Dear John:

Today, we secured a resounding victory for the First Amendment—and for property rights.

In 2018, our client, James Jenkins—owner of Valancourt Books, a small, independent publishing company in Richmond—received an email from the U.S. Copyright Office demanding that he provide the federal government with a copy of every single book in his catalog. James was threatened with crushing fees if Valancourt failed to comply.

This stems from a little-known provision in federal law that makes it illegal to publish a book containing any new material without providing the federal government with two free copies. It is a relic of a bygone age when copyright worked very differently. Today, this zombie law is completely divorced from its original purpose—but the government continues to take private property. In 2021 alone, the federal government confiscated $44 million worth of material without paying anyone a dime.

In other words, according to the federal government, the only way to exercise your First Amendment right to publish is to give up your right to private property.

IJ and James both know that isn’t how the Constitution works. So, we sued—and today, a federal appellate court agreed with us. The D.C. Circuit ruled that the mandatory deposit requirement violates the Takings Clause of the 5th Amendment. Chief Judge Sri Srinivasan wrote for the entire three-judge panel that modern changes to the law turned the deposit requirement into “a burden untethered to any benefit.”

"It’s been a long road to justice, but after five years the Court of Appeals has ruled resoundingly in our favor, and we couldn’t be happier."

- James Jenkins, at right with his husband Ryan

James is now free to continue printing rare and out-of-print fiction books. Please consider providing the support that allows us to restore the balance of power between the federal government and small businesses across the country. ([link removed] )

Scott

Scott G. Bullock

President and Chief Counsel

Institute for Justice

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