Copyhold

“ Though females claiming in their own right are postponed to males, yet by representation they may inherit together with them. (5) A wife is dowable of one-half, instead of one-third of the land. (6) A widower may be tenant by courtesy, without having had any issue, of one-half, but only so long as he remains unmarried. An act of 1841, for commuting manorial rights in respect of lands of copyhold and customary tenure, contained a clause specially exempting from the operation of the act “the custom of gavelkind as the same now exists and prevails in the county of Kent.” ”

“ Item to the thyrde we saye that the copyholder that doth surrender his copyholde ought not to paye any herryott upon the surrender of his copyholde except yt be in extreme of deathe.
“Item to the fourth we saye that lords of the mannor have never demanded nor any copyholder payde any more for their ffyne than one yere’s rente of the lande. ”

“ The copy is to the original as the pallid, smart, inane new wax work-group is to the vigorous, earnest, dignified group of living men and women whom it professes to duplicate. There is a mellow richness, a subdued color, in the old pictures, which is to the eye what muffled and mellowed sound is to the ear. That is the merit which is most loudly praised in the old picture, and is the one which the copy most conspicuously lacks, and which the copyist must not hope to compass. ”

“ Very frivolous or absurd indeed are sometimes the inducements to copyists to do gratuitous work of this kind, such as that every letter transcribed paid for one sin of the copyist, and it is said that a certain monk—a heavy sinner—only owed his salvation to the fact that the number of letters in a Bible which he copied exceeded by a single unit the sum total of his sins. ”

“ Paradoxical as it may seem, the mechanical corruptions of a stupid but faithful copyist may tell us more than the intelligent copyings of a less faithful one.
A nice question is how far any alteration of the text of the exemplar is compatible with fidelity. Is a scribe, who recognizes under a corruption the word certainly intended, to perpetuate the error of the exemplar? Considering the liability of corruption to breed corruption we can hardly blame him if he does not, and we may say that it is no derogation to his fides if he makes self-evident corrections. ”

“ A copyright, dear sir Harry, is a legal right to a copy. Suppose you and your friend Delano, four doors away, should publish a book that proved as popular as—well, let us say Trilby, or Ben-Hur, or Uncle Tom's Cabin did. If you send out a few copies and put upon them no legal proprietary mark, other persons seeing the demand could and would take your work, make copies of it, sell them, pocket the money, and give you nothing for what perhaps cost you a great deal of effort. ”

“ This deep concern which a copyist felt for his work—for he had a solicitude that his copy might endure both time and use and long remain as a monument to himself—lent an artistic taste and, often, a religious devotion to the creditable transcription of a book, especially to the copying of the Bible or a part of the Bible. ”

“ Although copying to promote a scholarly endeavor certainly has a stronger claim to fair use than copying to avoid interrupting a poker game, the question is not simply two-dimensional. For one thing, it is not true that all copyrights are fungible. ”

“ The Supreme Court has explained that “the extent of permissible copying varies with the purpose and character of the use” and characterized the relevant inquiry as whether “‘the amount and substantiality of the portion used [’] ... are reasonable in relation to the purpose of the copying.” Campbell, 510 U.S. at 586–87 (quoting 17 U.S.C. § 107 (3) ) .
“ [A] finding of fair use is more likely when small amounts, or less important passages, are copied than when the copying is extensive, or encompasses the most important parts of the original.” ”

“ Now, the first thing we need is as many examples of this individual's handwriting and printing that you can get your hands on. We want originals, not copies. However, be sure you make copies since you will not get the originals back. They will be, 'consumed' perhaps is the best word for it, in the forgery process. Most commercial document examiners will accept copies of standards to work from and this is to our, and your, advantage. You might get one sharp enough to be suspicious if given enough original standards to compare with our forgeries. ”

“ Clearly our concept of the author and this concept of the copier are two sides of the same coin. If we think of an author as having a natural right to profit from his work, then we will think of the copier as some sort of thief; whereas if we think of the author as beneficiary of a statutory monopoly, it may be easier to see the copier as an embodiment of free enterprise values. ”

“ An old picture was an old picture; and probably the face of that noble saint copied from an old triptych and of Madame de Montevesso were not at all alike. At most, a suggestion which may have been the doing of the copyist and so without meaning. A copyist is not an inspired person; not a seer of visions. He felt critical, almost ironic, towards the Cosmo of the morning, the Cosmo of the day, the Cosmo rushing away like a scared child from a fanciful resemblance, that probably did not even exist. ”

“ It is easy to convey an imperfect book, by a distant hand, to the press, and plead the circulation of a false copy, as an excuse for publishing the true, or to correct what is found faulty or offensive, and charge the errours on the transcriber's depravations. ”

“ Whoever doubts this let him begin by showing where, when, by whom, and with what object such a forgery could be committed, and let him show in modern times the fellow of this paper, this writing, and this language.
Moreover, that the manuscript of 1256 is not original, but is a copy, is proved by the numerous faults in the writing, as well as by some explanations of words which already in the time of the copyist had become obsolete and little known, as, for instance, in page 82 (114) , “to thêra flête jefta bedrum;” page 151 (204) , “bargum jefta tonnum fon tha besta bjar.” ”

“ Beta: People could sell or rent copy machines and other things you need, right? By the way, if copying takes money and time, then people may come along and do it for others, right? What are those people called, that copy for others?
Teacher: Publishers?
Beta: Publishers.
Alpha: So what? The artist still gets nothing. Only your “publishers” and the factories that make those copy machines. ... That’s not fair!
Beta: Hmm, this is interesting. ... This planet by magic momentarily makes a work as famous as it is good, right? ”

“ There seems to be scarcely nothing worth copying that has not received full attention at the hands of the forger. Of course, when these copies are simply offered as reproductions of old pieces, the purchaser, even if he pays a large price, has not much to complain of, but the trouble arises when they are foisted on the public as genuine. ”

“ Is the form in which we possess it practically the original form, or are we to postulate a series of successive redactions? I think that every one who has carefully [Pg 189] studied the variants given above must have been struck by the fact that in no case is the question one involving a variety of incident or even an alteration in sequence. It is the same story in every case, told in the same order, in the same words, only certain copies give a fuller and more coherent version than others. In fact, as I said above, the variations are the variations of the copyist, not of the compiler. ”

“ The copy-reader must transform the weak, rambling sentence into a firm, coherent statement with an emphatic beginning. For the trite, colorless word or phrase, he must substitute the fresh, picturesque one. The too figurative flights of exuberant fancy in one young reporter’s copy must be toned down, and the bald, prosaic narrative or description in another’s given life and interest. In short, the copy-reader’s work is constructive as well as critical; it is as important for him to rewrite and rearrange as to cut out and boil down. ”

“ I have found whole pages torn out of translations, in the volumes of Bohn's Classical Library, doubtless by students wanting the translated text as a "crib" in their study of the original tongue. Some readers will watch their opportunity, and mutilate a book by cutting out plates or a map, to please their fancy, or perhaps to make up a defective copy of the same work. Those consulting bound files of newspapers will ruthlessly despoil them by cutting out articles or correspondence, or advertisements, and carrying off the stolen extracts, to save themselves the trouble of copying. ”

“ The purpose of any kind of picture intended to be hung as an ornamental work of art, and that of a mere pattern to be used as a guide for an embroiderer or artisan, are so different that the pattern can not be called a copy of the picture, in the sense that it violates the copyright law. ”

“ We also agree with the Court of Appeals that whether “a substantial portion of the infringing work was copied verbatim” from the copyrighted work is a relevant question, see id., at 565, for it may reveal a dearth of transformative character or purpose under the first factor, or a greater likelihood of market harm under the fourth; a work composed primarily of an original, particularly its heart, with little added or changed, is more likely to be a merely superseding use, fulfilling demand for the original. ”

“ The argument fails to give effect to the express provision of the statute. Its words are, 'He shall forfeit ten dollars for every copy of the same in his possession, or by him sold or exposed for sale.' No process of construction can override this explicit language. The prescribed forfeiture is not only for every copy found 'in his possession,' but, in the alternative, for every copy 'by him sold.' We need not search for the reason for the distinction between maps, charts, photographs, prints, etc., on the one hand, and paintings, statues, and statuary on the other. ”

“ B is a MS. book, into which, in '83, I copied from A certain poems of which the author had kept no copy. He was remiss in making fair copies of his work, and his autograph of The Deutschland having been (seemingly) lost, I copied that poem and others from A at his request. After that date he entered more poems in this book as he completed them, and he also made both corrections of copy and emendations of the poems which had been copied into it by me. Thus, if a poem occur in both A and B, then B is the later and, except for overlooked errors of copyist, the better authority. ”

“ Would an editor attempt to bind everybody who purchased his work to the condition, to be accused of embezzling the property of another entrusted to him, if, either intentionally, or by the purchaser's lack of oversight, the copy which the purchaser purchased were used for the purpose of counterfeiting? ”

“ So although the people whose perspective I have taken—the copiers—may be denigrated as unoriginal plagiarists or thieves of others' work, still they are the ones who feel the immediate impact of our intellectual property laws. It affects what they may do, how they may speak, and how they may earn a living. ”

“ But since the 1994 Campbell decision, as the appeals court noted, the fourth factor no longer is more important than the others. [32]
In assessing how copying affects the potential market or value of a work, courts will consider markets beyond journal subscriptions and book sales, such as the secondary market for article and book chapter reprints, and royalty or licensing fees. [33] Furthermore, not only will a court examine the market impact of the individual defendant’s copying, but also “whether unrestricted and widespread conduct of the sort engaged in by the defendant ... ”

“ The “third proof” is now sent to the author, editor, or publisher, with so much copy as may cover it, the copy-holder being careful, however, to retain the “mark-off”; i. e., the sheet on which is marked off the place where the next “first proof” is to begin. But when the work is of such sort as not to require extraordinary care, the second proof is sent out, a single reading by copy being deemed sufficient. If the work is read twice by copy, only one reader should attend to the punctuation. ”

“ Up to this date, then, even when the book has a title-page, the printer or publisher can only be ascertained from the colophon, and before 1490 you must generally go to the colophon even for the description of the book. The reason is, no doubt, the extent to which the printer was influenced by the example of his predecessor, the copyist. It was more natural for the scribe to record the completion of his labours at the end of his manuscript than to announce their commencement on the first leaf. ”

“ If the second folio had been of any authority, then all the capricious innovations of that copy (in which description I do not include the innumerable errors of the press) must have been adopted; but being once proved not to be authentick, then in the case of a passage undoubtedly corrupt in the original and authentick copie, we are at liberty to admit an emendation suggested by any later editor or commentator, if a neater and more plausible correction than that furnished by the second folio ”

“ The Doctor farther maintained, that abridgements were strictly legal, however the property of the purchaser, or the reputation of the author, may be affected; because every work, that comes into the possession of a reader, is liable to be examined, confuted, censured, translated, and abridged.
The right of abridging books is, therefore, established both by reason and the customs of trade.—Independently of the copy-right naturally inherent by our common law, the statute 8 Ann, c. ”

“ Of course we had to pay for a copy of it; for although a criminal is supposed to enjoy the utmost fair play, and according to legal theory is entitled to every advantage in his defence, as a matter of fact, unless he is able to afford the cost of a copy, he has no right to know the contents of his Indictment until he stands in the dock to plead to it. ”