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
| James Kent - 1827 - 544 pages
...—— ""STl™*"™* ~™"!™~"•""T~™•!•"•"""• • , cases. The question jgjjvhether it be a legitimate use of another's publication, in...operation, deserving the character of an original work.'' If an encyclopaedia or review should copy so much of a book as to serve as a substitute for it, it... | |
| George Jeremy - 1828 - 738 pages
...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 maps of the county... | |
| 1829 - 418 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. The effect, I have no doubt, is prejudicial : it does not follow, that therefore there is a breach... | |
| 1855 - 980 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." The fact that the defendants have arranged these notes in the shape of a Digest cannot have any effect... | |
| 1840 - 516 pages
...(a). His work is to all intents and purposes a treatise, and is as effectually the product of "a fair exercise of a mental operation, deserving the character of an original work," and incomparably more satisfactory and useful to the public, than it could have been, if the cases... | |
| 1875 - 474 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." The crucial test in the present case was the object of the defendants in inserting the extracts. Had... | |
| Great Britain. Court of Chancery - 1845 - 842 pages
...of another's work ; but he may use, what is in all cases very difficult to define, fair quotation. A man may adopt part of the work of another. The quo...the exercise of a mental operation, deserving the charaeti r of an original work. If an encyclopedia or review should copy so much of a book, as to serve... | |
| James Philemon Holcombe - 1846 - 376 pages
...extracted, is clear, the only question that can arise, is, whether or not, he has sustained any damage. A man may adopt part of the work of another. The quo animo, is the inquiry in these cases. If an encyclopedia, or review, should copy so much of a work, as to become a substitute for it, it... | |
| James Kent - 1848 - 1046 pages
...(Maugham, p. work ; but he may use, what is in all cases very difficult to define, fair quotation.* A man may adopt part of the work of another. The quo...operation, deserving the character of an original work.b If an encyclopedia or review should copy so much of a book as to serve as a 'substitute for... | |
| Robert Henley Eden Baron Henley - 1852 - 770 pages
...cases very difficult to define, fair quotation. A raan may adopt part of the work of another. The 4110 animo is the inquiry in these cases. The question...operation, deserving the character of an original work. Wilkins v. Aitn'n, 17 Yes. 422. If an encrclopœdia or review should copy so much of a book as to serve... | |
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