 In short, we must often, in deciding questions of this sort, look to the nature and objects of the selections made, the quantity and value of the materials used, and the degree in which the use may prejudice the sale, or diminish the profits, or supersede...  A Treatise on the Law of Injunctions - Page 959by James Lambert High - 1905 - 1870 pagesFull view - About this book
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1986 - 996 pages
...348. In determining whether the use was permitted, it was necessary, said Justice Story, to consider "the nature and objects of the selections made, the...may prejudice the sale, or diminish the profits, or BLACKMUN, J., dissenting 464 US determination can be made. This Court thus far has provided no guidance;... | |
 | George Ticknor Curtis - Copyright - 1847 - 490 pages
...any particular cases, as to quantity.' In short, we must often, in deciding questions of this sort, look to the nature and objects of the selections made,...the sale, or diminish the profits, or supersede the objects of the original work. Many mixed ingredients enter into the discussion of such questions. In... | |
 | Great Britain. Court of Chancery - Law reports, digests, etc - 1867 - 882 pages
...Phillips' Treatise on Copyright (4) : — " In short, we must, in deciding questions 'of this sort, look to the nature and objects of the selections made, the quantity and value of the material used, and the degree in which the use may prejudice the sale, or diminish the profits, or... | |
 | Walter Arthur Copinger - Copyright - 1870 - 448 pages
...any particular cases as to quantity." In short, we must often* in deciding questions of this sort, look to the nature and objects of the selections made,...the sale, or diminish the profits, or supersede the objects of the original work. Many mixed ingredients enter into the discussion of such questions. In... | |
 | Appleton Morgan - Contempt of court - 1875 - 840 pages
...point of law to constitute an infringement ; that, in deciding questions of this sort, courts must " look to the nature and objects of the selections made,...the sale or diminish the profits, or supersede the objects of the original work " (Folsom v. Marsh, 2 Story, 116). Mere honest intention on the part of... | |
 | Law reports, digests, etc - 1875 - 788 pages
...point of law to constitute an infringement ; that, in deciding questions of this sort, courts must " look to the nature and objects of the selections made,...the sale, or diminish the profits, or supersede the objects of the original work." Folsom v. Marsh, supra. Mere honest intention on the part of the appropriator... | |
 | John Herbert Slater - Copyright - 1884 - 530 pages
...sort, look to the nature and object of the selections made, the quantity and value of the material used, and the degree in which the use may prejudice...the sale, or diminish the profits, or supersede the objects of the original work." It is not, however, necessary that all of these things should concur... | |
 | Sydney Hastings - Torts - 1885 - 532 pages
...are thus laid down by Mr. Justice Story (c). " In short we must, in deciding questions of this sort, look to the nature and objects of the selections made,...the sale or diminish the profits, or supersede the objects of the original work." Where the proprictors of a periodical professing to be an analytical... | |
 | Thomas Edward Scrutton - Copyright - 1890 - 316 pages
...their importance to the sale of the original work.. . . We must look then to the nature and object of the selections made, the quantity and value of the materials used, and the degree to which the use may prejudice the sale, or diminish the profits, or supersede the object of the original... | |
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