Chapter 9—Quotations
- Chapter 1—Early History
- Chapter 2—Early Statutes
- Chapter 3—Rights Secured By Copyright
- Chapter 4—Piracy
- Chapter 5—Plagiarism
- Chapter 6—Statutory Copyright Infringement
- Chapter 7—Evidence of Copyright Infringement/Piracy
- Chapter 8—Fair Use
- Chapter 9—Quotations
- Chapter 10—Ellen G. White’s Writings
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- Chapter 12—Ellen G. White Was Not A Copyright Infringer
- Chapter 13—Ellen G. White Was Not A Plagiarist
- Conclusions
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Chapter 9—Quotations
Justice Story, from Folsom et al., v. Marsh, et al., supra, 1001, cites with authority the following from Wilkins v. Aikin, 17 Ves. 422, 424 (1810):RRPCI 9.3
“There is no doubt that a man cannot, under the pretense of quotation, publish either the whole or a part of another’s book, though he may use, what in all cases it is difficult to define, fair quotation.”
“Bonafide quotations from a book do not constitute such an infringement.” 1Chapman v. Ferry, et al., 18 F. 539, 13-16 C.O. Bull. 594, 596 (1883).
And from Story v. Holcombe, supra, 2476:RRPCI 9.4
“no one is allowed under the pretense of quoting, to publish either the whole or the principal part of another man’s composition.”
Quite simply, if there is copyright infringement, the use of quotations does not “avoid liability for taking them to make up another work.” 2Gilmore v. Anderson et al., 38 F. 846, 13-16 C.O. Bull. 1072, 1075 (1889). Legitimate or bonafide quotations are one specific aspect of “fair use,” the presence or absence of which would appear to be of no consequence insofar as concerns a determination of the issue of copyright infringement, though the absence of quotations could obviously go to the issue of the intent of a subsequent author.RRPCI 10.1