 | George Jeremy - 1828 - 738 pages
...seems to lie in the determination of the question, whether it is a legitimate use of the plaintiff's publication, in the fair exercise of a mental operation deserving the character of an original work («). If there were a publication professing to be an account of the improvement of... | |
 | 1829 - 418 pages
...circumstance. 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. The effect, I have no doubt, is prejudicial : it does not follow, that therefore... | |
 | Great Britain. Court of Chancery, James William Mylne, Richard Davis Craig - 1839 - 880 pages
...footing. He says " 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." At (a) 4 Burr. 23O3. (4) 4 Etp. 168. (c) 1 Camp. 94 (d) 16 Vet. 2fi9. (*) 17 F«.... | |
 | 1840 - 516 pages
...proposed by Lord Eldou in Wilkins v. Aihin (b)— " Whether this is a legitimate use of the plaintiffs' publication in the " fair exercise of a mental operation deserving the character of an origi" nal work ?" l have no doubt that if Mr. Welsh had sufficient leisure for the work, he could... | |
 | 1875 - 474 pages
...quotation. . . . 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." The crucial test in the present case was the object of the defendants in inserting... | |
 | James Philemon Holcombe - 1846 - 376 pages
..."The question, upon the whole," says he, "is, whether there is a legitimate use of the plaintiff's publication, in the fair exercise. of a mental operation, deserving the character of an original work. The effect, I have no doubt, is prejudicial ; it does not follow, that therefore,... | |
 | Robert Henley Eden Baron Henley - 1852 - 770 pages
...seems to lie in the determination of the question, whether it is a legitimate use of the plaintiff's publication, in the fair exercise of a mental operation deserving the character of an original work. 17 Ves. 426. Barßeld v. Nicholson, 2 Sim. A Stu. 1. If there were a publication... | |
 | Frederick Patey Chappell, John Shoard - 1863 - 178 pages
...Eldon said : " 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." These words were relied on by Lord Cottenham in Bramwell v. Halcomb, 3 My. & Cr.... | |
 | 1869 - 370 pages
...in Wilkins v. Aikin (17 Ves. 422), " whether this is a legitimate use of the plaintiffs puhlication in the fair exercise of a mental operation deserving the character of an original work." The ViceChancellor held that this was not a fair use hy the defendant of the plaintiffs... | |
 | Walter Arthur Copinger - 1870 - 448 pages
...latter circumstance. 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." These were the words which had been relied on by Lord Cottenham in Bramwell v. Halconib... | |
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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. 
