 The question upon the whole is, whether this is a legitimate use of the plaintiff's publication in the fair exercise of a mental operation, deserving the character of an original work.  Commentaries on American Law - Page 487by James Kent - 1858Full view - About this book
 | Acting - 1875 - 356 pages
...question, upon the whole, is whether there has been a legitimate use of another's publication, in the fair exercise of a mental operation deserving the character of an original work. With reference to the question of adapting accompaniments to old airs, it is an act of piracy if there... | |
 | Appleton Morgan - Contempt of court - 1875 - 538 pages
...court applied the test " whether there was a legitimate use of the plaintiff's publication in the fair exercise of a mental operation deserving the character of an original work," and the result, after an elaborate comparison of the two dictionaries, was an opinion that though the... | |
 | United States. Circuit Court (1st Circuit), William Henry Clifford - Law reports, digests, etc - 1880 - 728 pages
...Cary v. Kearsley, 4 Esp. 168. The question is whether there has been a legitimate use, in the fair exercise of a mental operation, deserving the character of an original work, or whether matter has been taken colorably, animo furandi. Gray v. Russell, 1 Story, 11 ; Emerson v.... | |
 | John Herbert Slater - Copyright - 1884 - 530 pages
...question upon the whole, is, whether this is a legitimate use of the plaintiff's publication, in Unfair exercise of a mental operation, deserving the character of an original work," and he decided that an imitation, or as the defendant called it, an "analytical condensation" of Dickens'... | |
 | Thomas Edward Scrutton - Copyright - 1890 - 316 pages
...generally that laid down by Lord Eldon (s), that if there is "a legitimate use of a publication in the fair exercise of a mental operation deserving the character of an original work," there is no piracy. The English law lays too much stress on new matter added, too little on old matter... | |
 | Sir Henry Wilmot Seton - Equity pleading and procedure - 1891 - 1018 pages
...The question will be whether there has been " a legitimate use of the Pit's publication in the fair exercise of a mental operation deserving the character of an original work": Wilkins v. Aikin, 17 Ves. 422. Or, again, " lias such mental labeur been bestowed upon what has been... | |
 | Joseph Robert Fisher, James Andrew Strahan - Press law - 1891 - 332 pages
...upon the whole is whether *26- this is a legitimate use of the plaintiff's publication in the fair exercise of a mental operation deserving the character of an original work.' And I agree that there may be such an use of another man's publication as, involving the exercise of... | |
 | Thomas Brett - English law - 1891 - 660 pages
...laid down by judicial decisions:— Was the one publication a legitimate use of the other in the fair exercise of a mental operation deserving the character of an original work ? ( 7 ) Had the vital part of the work been taken ? ( 8 ) And Lord Jeffreys, in the case of Alexander... | |
 | Theophilus Parsons - Contracts - 1893 - 974 pages
...question upon the whole is, whether this ¡aa legitimate use of the plaintiff's publication, in the fair exercise of a mental operation, deserving the character of an original work." He said further, that the real issue which the court was called on to decide was one of the most difficult... | |
 | Shorthand - 1895 - 406 pages
...question, upon the whole, is whether this is a legitimate use of the plaintiff's publication in the fair exercise of a mental operation deserving the character of an original work." That is a passage which has been quoted more than once with approval — it was quoted by Lord Cottenham... | |
| |
