Legal definition of infringement
Copyright Legal Terminology

infringement

1
“It is of course essential to any protection of literary property, whether at common-law or under the statute, that the right cannot be limited literally to the text, else a plagiarist would escape by immaterial variations. That has never been the law, but, as soon as literal appropriation ceases to be the test, the whole matter is necessarily at large, so that, as was recently well said by a distinguished judge, the decisions cannot help much in a new case. … When plays are concerned, the plagiarist may excise a separate scene; … or he may appropriate part of the dialogue …. Then the question is whether the part so taken is “substantial,” and therefore not a “fair use” of the copyrighted work; it is the same question as arises in the case of any other copyrighted work. ….
But when the plagiarist does not take out a block in situ, but an abstract of the whole, decision is more troublesome. Upon any work, and especially upon a play, a great number of patterns of increasing generality will fit equally well, as more and more of the incident is left out. The last may perhaps be no more than the most general statement of what the play is about, and at times might consist only of its title; but there is a point in this series of abstractions where they are no longer protected, since otherwise the playwright could prevent the use of his “ideas,” to which, apart from their expression, his property is never extended. …. Nobody has ever been able to fix that boundary, and nobody ever can.”
Source: Nichols v. Universal Pictures Corp., 45 F.2d 119 (2d Cir. 1930).
Find a legal term by clicking on the first letter of a legal word or phrase:
Book of the Day in our Store
Share it on TwitterFacebook
Forced Federalism: Contemporary Challenges to Indigenous Nationhood (American Indian Law and Policy Series)Forced Federalism: Contemporary Challenges to Indigenous Nationhood (American Indian Law and Policy Series)
by Jeff Corntassel, Richard C. Witmer II
  • Price: $19.95
from $7.35
View
Tribal Criminal Law and Procedure (Tribal Legal Studies)Tribal Criminal Law and Procedure (Tribal Legal Studies)
by Carrie E. Garrow, Sarah Deer
  • List Price: $104.00
  • Price: $80.28
  • You Save: $23.72 (23%)
from $79.95
View
Alan S FujimotoAttorney at LawPRACTICE AREA: Real Estate Law, Business Law, Immigration Law, Industrial Development Law
John B AndersonAttorney at LawPRACTICE AREA: Real Estate Law, Business Law, Trusts & Estate Planning, Industrial Development Law
Christopher F HuntleyAttorney at LawPRACTICE AREA: Family Law, Real Estate Law, Wills & Probate, Business Law, Health Care Law, Trusts & Estate Planning, Industrial Development Law
Managing Intellectual Property (subscription)... sector or technology knowledge and expertise in the IP area concerned are... Please log in to read the rest of this article. New to Managing Intellectual Property? Take advantage of free access to up to 5 articles on Managing IP and become a member ... more »
BenzingaIntellectual property and technology litigator Ian C. Ballon and litigation attorney Anthony Robinson from the global law firm Greenberg Traurig, LLP will speak at the 15th Annual Rocky Mountain Intellectual Property & Technology Law Institute, which ... more »
Nasdaq(Recasts, adds details) BEIJING, May 11 (Reuters) - China is seriously concerned by the United States keeping it on an intellectual property watch list, the commerce ministry said on Thursday. The issue of protecting intellectual property (IP) has been ... more »
It's a free online legal dictionary search engine for definitions of legal terminology and legal words, legal abbreviations, and legal jargon you may meet when reading legal acts, law books, documents, legal forms and other legal content