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Macmillan And Company Ltd. vs K. And J. Cooper on 14 December, 1923

In this connexion it is necessary for us to consider whether the case decided by their Lordships of the Privy Council in Macmillan & Co. Ltd. v. Cooper 1924 P.C. 75, governs this case. In that case Sir Thomas North had brought out a translation of Plutarch's Life of Alexander. One Mr. Parr brought out selections from this translation after editing the same. Another book which was also a selection of North's Selection was brought out by Mr. Darby with Introduction, Marginal Notes and a Summary. There was no copyright in North's Translation. The plaintiffs' first book consisted of a number of detached passages from North's Translation in addition to other printed matter. The defendant's book equally contained selections from the same Translation with other notes. On. p. 476 their Lordships observed that the primary question to be determined was whether the plaintiffs-appellants were entitled to a copyright in the text of their book and in the notes attached to it which the latter, the defendants-respondents, had in many instances in effect copied. Their Lordships therefore had to consider whether there was any copyright in the book of the plaintiffs which had been infringed by the defendants' book. In order to consider this their Lordships pointed out what an equitable abridgment would be and expressed the opinion that the books of both the parties had been wrongly styled as abridgments and in the true sense of that word this was an absolute misnomer.
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