Folsom v. Marsh

Citation: 9 F. Cas. 342
Docket Number: 4,901
Opinion Year: 1841

The court in this case examined the justifiable use of original materials, forming the basis for the fair use doctrine. The court found that , “the question of piracy, often depend upon a nice balance of the comparative use made in one of the materials of the other; the nature, extent, and value of the materials thus used; the objects of each work; and the degree to which each writer may be fairly presumed to have resorted to the same common sources of information, or to have exercised the same common diligence in the selection and arrangement of the materials.”

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