The Law of Literature: Reviewing the Laws of Literary Property in Manuscripts; Books, Lectures, Dramatic and Musical Compositions; Works of Art, Newspapers, Periodicals, &c.; Copyright Transfers, and Copyright and Piracy; Libel and Contempt of Court by Literary Matter, Etc, Volumen1J. Cockcroft, 1875 |
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Página 23
... effect of the attitude of courts of equity to matters of this nature is to throw the burden of proof - where the burden ought always to be , in cases of denial of any right of property presumably estab- lished by law - upon the party ...
... effect of the attitude of courts of equity to matters of this nature is to throw the burden of proof - where the burden ought always to be , in cases of denial of any right of property presumably estab- lished by law - upon the party ...
Página 28
... effect . The lord chief justice observed that , if such evidence had been produced , he should have held it fit to be received as against the claim made by the plaintiff . ' Lawrence v . Smith , 1 Jacob . 472 . 2 Walcott v . Walker , 7 ...
... effect . The lord chief justice observed that , if such evidence had been produced , he should have held it fit to be received as against the claim made by the plaintiff . ' Lawrence v . Smith , 1 Jacob . 472 . 2 Walcott v . Walker , 7 ...
Página 29
... effect of chancery refusing an injunction , may be , indeed , to render still more unlimited the piracy ; but , although such would probably be the case , it is clear that chancery is powerless in the matter . ' " For , " said Lord ...
... effect of chancery refusing an injunction , may be , indeed , to render still more unlimited the piracy ; but , although such would probably be the case , it is clear that chancery is powerless in the matter . ' " For , " said Lord ...
Página 30
... effect of in- creasing the number of copies . The answer to that is , I have nothing to do with it as a crime . The question relates only to a civil right of property . If the one party has that right , the other must not invade it ; if ...
... effect of in- creasing the number of copies . The answer to that is , I have nothing to do with it as a crime . The question relates only to a civil right of property . If the one party has that right , the other must not invade it ; if ...
Página 47
... effect that he would take photographs which should not only be life - like representations of the sitter , but should contain in shadow the ghostly form of some departed friend or relative of the sitter , as it alleged that friend or ...
... effect that he would take photographs which should not only be life - like representations of the sitter , but should contain in shadow the ghostly form of some departed friend or relative of the sitter , as it alleged that friend or ...
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Términos y frases comunes
Abraham Newland abridgment action alleged appears Bing blasphemous libels blasphemy called character charge Christianity committed common law composition considered contained contempt of court copy courts of equity courts of justice criminal damages defamation defamatory defendant doctrine England entitled equity false grand jury Griffith Gaunt guilty held imprisonment imputation indictment injunction injury innocent intention Johns judge judgment king labor letter lished literary property lord chancellor Lord Eldon Lord Ellenborough malice manuscript matter means ment morals Mumler newspaper obscene offense opinion original paper party person picture piracy plaintiff post-office postage postmaster postmaster-general principle printing and publishing privileged proceedings produced proprietor protection publication punishment question religion restrain rule scandalous seditious libel Shortt Slander and Libel statute thereof tion Townshend on Slander trial Wend words writing written
Pasajes populares
Página 190 - ... in the very torrent, tempest, and (as I may say) whirlwind of your passion, you must acquire and beget a temperance, that may give it smoothness. O, it offends me to the soul, to hear a robustious periwig-pated fellow tear a passion to tatters, to very rags, to split the ears of the groundlings...
Página 138 - Malice in common acceptation means ill-will against a person, but in its legal sense it means a wrongful act, done intentionally, without just cause or excuse. If I give a perfect stranger a blow likely to produce death, I do it of malice, because I do it intentionally and without just cause or excuse.
Página 65 - If people should not be called to account for possessing the people with an ill opinion of the government, no government can subsist. For it is very necessary for all governments that the people should have a good opinion of it...
Página 74 - AN ACT FOR PREVENTING THE FREQUENT ABUSES IN PRINTING SEDITIOUS, TREASONABLE AND UNLICENSED BOOKS AND PAMPHLETS, AND FOR REGULATING OF PRINTING AND PRINTING-PRESSES (14 Car.
Página 208 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty...
Página 321 - The second way is that of paraphrase, or translation with latitude, where the author is kept in view by the translator, so as never to be lost, but his words are not so strictly followed as his sense, and that too is admitted to be amplified, but not altered.
Página 100 - A libel is a malicious publication expressed either in printing or writing, or by signs and pictures, tending either to blacken the memory of one dead, or the reputation of one who is alive, and expose him to public hatred, contempt, or ridicule.
Página 208 - 'the proper meaning of a privileged communication is only this : that the occasion on which the communication was made rebuts the inference prima facie arising from a statement prejudicial to the character of the plaintiff, and puts it upon him to prove that there was malice in fact — that the defendant was actuated by motives of personal spite or ill-will, independent of the occasion on which the communication was made,' " and Lord Lindley in Stuart v.
Página 79 - I think the test of obscenity is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall.
Página 289 - Nothing is more incumbent upon Courts of Justice, than to preserve their proceedings from being misrepresented ; nor is there anything of more pernicious consequence, than to prejudice the minds of the public against persons concerned as parties in causes, before the cause is finally heard . . . There are three different sorts of contempt.