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" ... dance, or by transferring it from one instrument to another, does not, even to common apprehensions, alter the original subject. The ear tells you that it is the same. The original air requires the aid of genius for its construction, but a mere mechanic... "
Practice Reports in the Supreme Court and Court of Appeals - Страница 219
по Nathan Howard (Jr.) - 1869
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Reports of Cases Argued and Determined in the Court of Exchequer in ..., Том 1

Great Britain. Court of Exchequer, Edward Younge, John Collyer - 1836 - 750 страници
...genius for its construction, but a mere mechanic in music can make the adaptation or accompaniment. Substantially, the piracy is, where the appropriated...different purpose from that of the original, may still be recognised by the ear. The adding variations makes no difference in the principle. I see no reason...

The Law Times, Том 47

1869 - 552 страници
...genius for its construction, but a mere mechanic in music can make the adaptation or accompaniment. Substantially, the piracy is, where the appropriated...different purpose from that of the original, may still be recognised by the ear. The adding variations makes no difference in the principle." In view of this...

A Treatise on the Law of Copyright in Books, Dramatic and Musical ...

George Ticknor Curtis - 1847 - 542 страници
...genius for its construction, but a mere mechanic in music can make the adaptation or accompaniment. Substantially, the piracy is, where the appropriated...variations makes no difference in the principle." works, presenting instances of what he would consider bonafide and allowable abridgments. Whether he...

A Treatise on the Law of Copyright in Books, Dramatic and Musical ...

George Ticknor Curtis - 1847 - 490 страници
...in the discussion on literary abridgments.* The doctrine was laid down, that a piracy is committed, where the appropriated music, though adapted to a...of the original, may still be recognized by the ear ; and that the adding variations makes no difference in the principle.3 The rules which determine when...

The Eighth Commandment

Charles Reade - 1860 - 398 страници
...music can make the adaptation. In conclusion he gave the adaptation swindle its coup de grace thus: " Substantially, the piracy is where the appropriated...variations makes no difference in the principle." Thus Lord Lyndhurst interpreted the law loyally, and in so doing secured the musical composer against...

A Handy-book of the Law of Copyright: Comprising Literary, Dramatic and ...

Frederick Patey Chappell, John Shoard - 1863 - 178 страници
...mere mechanic in music can make the adaptation or accompaniment. Substantially the piracy is, when the appropriated music, though adapted to a different...that of the original, may still be recognized by the air. The adding of the variations makes no difference in the presence." In the case of Chappell v....

On the History, Position, and Treatment of the Public Records of Ireland

Sir John Thomas Gilbert - 1864 - 236 страници
...music can make the adaptation. In conclusion he gave the adaptation swindle its coup de grace thus: Substantially, the piracy is where the appropriated...adding variations makes no difference in the principle. Thus," adds Mr. Reade, " Lord Lyndhurst interpreted the law loyally, and, in so doing, secured the...

The American Law Register, Том 8

1869 - 820 страници
...can make the adaptation or accompaniment. Substantially the piracy is, where the appropriated musie, though adapted to a different purpose from that of the original, may still be recognised by the ear. The adding variations makes no difference in the principle." An injunction was...

Reports of Cases Argued and Determined in the Circuit Court of the ..., Том 6

United States. Circuit Court (2nd Circuit) - 1870 - 642 страници
...genius for its construction, but a mere mechanic in music can make the adaptation or accompaniment. Substantially, the piracy is, where the appropriated...Mr. Justice Nelson, in this Court, in the case of Jollie v. Jaques, (\ Blatchf. CC R. 618, 625.) They are eminently sound and just, and are applicable...

The Law of Copyright, in Works of Literature and Art: Including that of the ...

Walter Arthur Copinger - 1870 - 448 страници
...genius for its construction, but a mere mechanic in music can make the adaptation or accompaniment. Substantially, the piracy is, where the appropriated...different purpose from that of the original, may still be recognised by the ear. The adding variations makes no difference in the principle." 5. By transla-...




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