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TMI Blog1923 (12) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... er compilation. 2. The text of the appellants' book consisted of a number of detached passages, selected from Sir Thomas North's translation, words being in some instances introduced to knit the passages together so that the text should, as far as possible, present the form of an unbroken narrative. The passages so selected were, in the original translation, by no means contiguous. Considerable printed matter in many instances separated the one from the other. North's translation consisted of 10,000 words; the text of the appellants' book contained half of them, i.e., 20,000 words, while the book published by the respondents contained not only the aforesaid 20,000 words but 7,000 words in addition. 3. In addition to this text comprising the 20,000 words, the appellants' book contained much printed matter which was omitted from the respondents' book, namely, marginal notes, an introduction dealing with North's translation and Alexander's place in history, an analysis of the book's contents, a chronological table setting forth the principal dates in Alexander's life and a few short notes introduced into the text styled transition notes. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the next month, teachers will be able to use at least some of them in the Pre-Matriculation Class. K. J. Cooper, Educational Publishers, Bombay. 6. The respondents' publication is formed on precisely the same general plan as was that of the appellants.' Its text consisted of a number of detached passages taken from North's translation joined together the preceding to the succeeding, by a few words where needed so as if possible to give to the whole text the appearance of a consecutive narrative. Notes were also contained in the respondents' book which were in many instances serially copied from those contained in the book of the appellants. 7. The learned Judges in the Court of Appeal were of opinion that the respondents intended and designed to publish a book which the student of the University would buy in preference to the book of the appellants, and that Mr. Hooper's evidence to the contrary was obviously false. Their Lordships entirely concur with the learned Judges of the Court of Appeal in the opinion they have formed on this point. 8. If the appellants were not entitled to a copyright in their book, or any material part of it, then the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... these taken from an author and to print them in a narrative form. 12. This point is well brought out in the following passages from the editions of Copinger's Law of Copyright, published in 1904 and 1915 respectively, i.e., before and after the Copyright Act of 1911. The passages are supported by the authorities relied upon in those editions. The first passage runs thus (p. 39):- To constitute a true and equitable abridgment, the entire work must be preserved in its precise import and exact meaning, and then the ant of abridgment is an exertion of the individuality employed in moulding and transfusing a large work into a small compass, thus rendering it less expensive and more convenient both to the time and use of the reader. Independent labour must be apparent, and the reduction of the size and work by copying some of its parts and omitting others confers no title to authorship, and the result will not be an abridgment entitled to protection. To abridge in the legal sense of the word is to preserve the substance, the essence of the work in language suited to such a purpose, language substantially different from that of the original. To make such an abridgment requir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n under and in accordance with the provisions of this statute or any other statutory enactment for the time being in force. Copyright is therefore a statutory right. Section 1, Sub-section 1. of the Act enacts in respect of what it may be acquired. Sub-section 2 of the same section defines its meaning, Section 2 deals with the methods by which it may be protected, and the moral basis on which the principal of those protective provisions rests is the Eighth Commandment, Thou shall not steal. It is for this reason that Lord Halsbury begins his judgment in Walter v. Lane [1900] A.C. 539 with the following words: I should very much regret it if I were compelled to come to the conclusion that the state of the law permitted one man to make a profit and to appropriate to himself the labour, skill, and capital of another. And it is not denied that in this case the defendant seeks to appropriate to himself what has been produced by the skill, labour, and capital of others. In the view I take of this case...the law is strong enough to restrain what to my mind would be a grievous injustice. It will be observed that it is the product of the labour, skill and capital of one man which must n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e same purpose. The true question is whether the same plan, arrangement and combination of materials have been used before for the same purpose or for any other purpose. If they have not, then the plaintiff is entitled to a copyright, although he may have gathered hints for his plan and arrangement or parts of his plan and arrangement from existing and known sources. He may have borrowed much of his materials from others, but if they are combined in a different manner from what was in use before... he is entitled to a copyright...It is true that he does not thereby acquire the right to appropriate to himself the materials which were common to all persons before, so as to exclude those persons from a future use of such materials; but then they have no right to use such materials with his improvements superadded, whether they consist in plan, arrangement, or illustrations or combinations, for these are strictly his own...In truth, in literature, in science and in art there are and can lie few, if any, things which, in an abstract sense, are strictly new and original throughout. 18. The learned Judge then deals at length with many, indeed most, of the English authorities, and win ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f copyright in the anthology was therefore distinctly raised by the defendant; and Sir Arthur Wilson is at p. 961 reported to have expressed himself thus concerning it:- And first I have to consider whether there is copyright in a selection. There has not, as far as I know, been any actual decision upon this question. But upon principle I think it clear that such a right does exist; and there is authority to that effect as weighty as anything short of actual decision can be. 23. He then proceeds to state the law, as he conceived it to he, dealing with the existence of copyright in such work as the Golden Treasury, in the following words:- In the case of works not original in the proper sense of the term, but composed of, or compiled or prepared from materials...open to all, the fact that one man has produced such a work does not take away from anyone else the right to produce another work of the same kind, and in doing so to use all the materials open to him. But, as the law is concisely stated by Hall, V.C., in Hogg v Scott (1874) L.R. 18 Eq. 444 'the true principle in all these cases is, that the defendant is not at liberty to use or avail himself of the labour whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 465. Collins M.R., as he then was, in the course of his judgment at p. 470, after quoting 'from-Lord Eldon's judgment in Long -man v. Winchester the passage which Sir Arthur Wilson had quoted, proceeds to say:-- Then there is also the authority of the gentleman who was well known in these Courts before he went to India, and who afterwards became a distinguished Indian Judge (Sir Arthur Wilson), in which the very point is raised and decided in the case of Macmillan v. Suresh Chunder Deb I.L.R. 17 Cal. 951. In that case the matter in question was the well-known series called the Golden Treasury, which is a series of quotations put together by Mr. Palgrave, and the defendant had reproduced his work practically, super-adding notes of his own, and the learned Judge upheld, or sustained, a claim for infringement. It seems to me that that is precisely what the defendant Mr. Marshall did in the present case. 29. Stirling L.J. does not expressly mention Sir Arthur Wilson's decision, but Cozens Hardy L.J. said that, as he entirely agreed with all that had fallen from his brethren, he did not think it necessary to add anything. It in clear, therefore, that Sir Arthur Wils ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellant in that particular case only sought to prevent the respondents from multiplying copies of this (the appellant's own report of the speech of Lord Rosebery) and availing himself for his own profit of the skill, labour and expense by which that report was produced and published. 34. The only other authority on the point of the acquisition of copyright to which it is necessary to refer is the case of University of London Press, Limited v. University Tutorial Press, Limited [1910] 2 Ch 601 in which Mr. Justice Peterson, dealing with the meaning of the words original literary work used in Section 1, Sub-section 1, of the Act of 1911, at page 608 says:- The word 'original' does not in this connection mean that the work must be the expression of original or inventive thought. Copyright Acts are not concern ed with the originality of ideas, but with the expression of thought; and in the case of 'literary work,' with the expression of thought in print or writing. The originality which is required relates to the expression of the thought. But the Act does not require that the expression must be in an original or novel form, but that the work must not b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and students about to enter the University. Well, the respondents have not only copied but serially copied many of these notes. There is no other way of accounting for the absolute verbal identity of some of the notes in both books. 38. In the case of Black v. Murray (1870) 9 Ret 341, which dealt with the alleged infringement of the copyright in a volume entitled Minstrelsy of the Scottish Border, the original edition of which was no longer protected by copyright, but a new edition was published to which valuable notes were added, Lord Kinloch in delivering judgment, dealt with the question of the effect of these notes upon the edition in which they were printed, in a very clear and forcible judgment. He said at p. 355 of the report:__ I think it is clear that it will not create copyright, in a new edition of a work of which the copyright has expired merely to make a few emendations of the text or to add a few unimportant notes. To create a copyright by alterations of the text these must be extensive and substantial practically making a new book. With regard to notes, in like manner they must exhibit an addition to the work which is not superficial or colourable, but impar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he second lecture contained piratical matter, as did also apparently all the lectures from Nos. 5 to 25 inclusive. The Vice-Chancellor made the following order:- Order that plaintiffs do bring such action against the defendants as they may be advised for the publication of the book called 'The Reason Why'... and that they undertake to abide by any order that this Court may make with reference to any damage occasioned by this order, in the event of the jury finding in favour of the defendants. And upon plaintiffs undertaking to bring such action, restrain defendants from publishing the book called 'The Reason Why' containing the lectures numbered 2, 3 and from 5 to 25 both inclusive, or any passage or passages copied, taken or colourably altered from the book called 'The Guide to Science,' in the plaintiffs' Bill mentioned. 41. Following that precedent, their Lordships having come to the conclusion that the appellants are not entitled to a copyright in the text of this book extending from page 1 to page 82 thereof both inclusive, but are entitled to copyright in the notes printed in pages 83 to 94, both inclusive, they will therefore humbly advise ..... X X X X Extracts X X X X X X X X Extracts X X X X
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