Emerson v. Davies

STORY, Circuit Justice.

This cause has. been argued with great ability, and with great fullness of the examination of the evidence. The merits of the case, however* seem to me to depend mainly, if not altogether, upon two points: First, whether the plaintiff’s book contains any thing new and original, entitling him to a copy-right. Secondly, whether, if the plaintiff has a title by copy-right, the defendants have infringed that copy-right by the book published by them, or, as it is technically expressed, whether they have printed the work of the plaintiff.

Upon the first question, at least,…