| Peter Lehman - 2010 - 223 lapas
...Court, they wisely counseled against just such a danger. Souter wrote, "As Justice Holmes explained, 'it would be a dangerous undertaking for persons trained...constitute themselves final judges of the worth of [a work], outside of the narrowest and most obvious limits'" (US Supreme Court 1993, 1173). Yet in... | |
| Paul Goldstein - 2003 - 262 lapas
...concerned about the power such a litmus test would give to copyright purists. He added a now famous dictum: "It would be a dangerous undertaking for persons trained...constitute themselves final judges of the worth of pictorial illustrations, outside of the narrowest and most obvious limits. At the one extreme some... | |
| Larry P. Gross, John Stuart Katz, Jay Ruby - 2003 - 410 lapas
...distinctions or judgments. As the Supreme Court observed in Bleistein v. Donaldson Lithographing Co., "It would be a dangerous undertaking for persons trained only to the law to constitute themselves final judge of the worth of pictorial illustrations, outside of the narrowest and most obvious limits."54... | |
| Christopher Heath - 2004 - 275 lapas
...famous dicta reminds us why the "aesthetic" criterion was assiduously avoided by the EU legislators: "It would be a dangerous undertaking for persons trained...constitute themselves final judges of the worth of pictorial illustrations, outside of the narrowest and most obvious limits. At the one extreme some... | |
| Henry C. Mitchell - 2005 - 244 lapas
...effect of relieving judges from the burden of value judgments, which Holmes considers a good idea: It would be a dangerous undertaking for persons trained...constitute themselves final judges of the worth of pictorial illustrations, outside of the narrowest and most obvious limits. At the one extreme some... | |
| Hossein Bidgoli - 2006 - 1008 lapas
...which it does not. As the Supreme Court stated in Bleistein v. Donaldson Lithographing Co. (1903), It would be a dangerous undertaking for persons trained...constitute themselves final judges of the worth of pictorial illustrations, outside of the narrowest and most obvious limits. At the one extreme some... | |
| Richard A. Lanham - 2006 - 327 lapas
...(quoting Justice Holmes's opinion in Bleistein v. Donaldson Lithographing Co., 188 US 239, 25I-52 [1903] : "It would be a dangerous undertaking for persons trained...constitute themselves final judges of the worth of pictorial illustrations"). 55. See id. at 59-67 (describing the events leading to the many publications... | |
| D. Vaver - 2006 - 320 lapas
...modest spark of creativity will do. As Justice Holmes put it in a 1903 case concerning circus posters, "[i]t would be a dangerous undertaking for persons...constitute themselves final judges of the worth of pictorial illustrations."12 But again, the life of the law is not logic, and the fact that there is... | |
| 2002 - 510 lapas
...illustration as any other. A rule cannot be laid down that would excommunicate the paintings of Degas. ... It would be a dangerous undertaking for persons trained...constitute themselves final judges of the worth of pictorial illustrations, outside of the narrowest and most obvious limits. At the one extreme some... | |
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