Judge Hand in Sheldon v. Metro-Goldwyn Pictures, supra

supra: “Borrowed the work must indeed not be, for a plagiarist is not himself pro tanto an “author” ; but if by some magic a man who had never known it were to compose anew Keat’s Ode on a Grecian Urn, he would be an “author,” and, if he copyrighted it, others might not copy that poem, though they might of course copy Keats’s. (Citations omitted). True, much of the picture owes nothing to the play… but that is entirely immaterial; it is enough that substantial parts were lifted; no plagiarist can excuse the wrong by showing how much of his work he did not pirate. We cannot avoid the conviction that, if the picture was not an infringement of the play, there can be none short of taking the dialogue.”

—A Frolic of His Own, William Gaddis (1994)

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