Abbidge

5 1. To shorten, condense; to epitomize, reduce, contract. A reasonable abridgment of a copyrighted publication is permitted as a new production, involving in its preparation intellectual labor. Not so as to a inere colorable reduction, which is not real nor fair and does not require invention and judgment. What constitutes a fair and reasonable abridgment is a question difficult to answer. But a mere selection, or different arrangement of parts, so as to bring the work into a smaller compass, is not such abridgment. There must be real, substantial condensation of the materials, and intellectual labor and judgment bestowed thereon; and not -merely the facile use of scissors, or extracts of the essential parts.' A "compilation" consists of selected extracts from different authors; an "abridgment " is a condensation of the views of one author.7 The former cannot be extended so as to convey the same knowledge as the original work; the latter con- 1 Norrington v. Wright, 115 U. S. 204 (1885). And see Brawley v. United States, 96 id. 171-72 (1877). » Stevens v. Mc Knight, 40 Ohio St. 341 (1883). See also Baltimore Land Society v. Smith, 64 Md. 208 (}880); 16 C. B. 36; 44 L. T. R. 153. = [Hockspringer v. Ballenburg, 16 Ohio, 308, 312 (1847): 69 Tex. 385. See also Von Lingen v. Davidson, 4 F, R. 350 (1880); s. c. 11 Rep. 5. * Williams v. Mc Donald, 42 N. J. E. 395 (1886). ^ F. abregier, to shorten. • Folsom V. Marsh, 2 Story, 107, 115 (1841), Story, J. Concerned letters reprinted from "Sparks' Life of Washington." ' Story's Executors v. Holcombe, 4 Mc Lean, 308-14 tains an epitome of the work abridged, and, consequently, conveys substantially the same knowledge. The former cannot adopt the arrangement of the works cited, the latter must adopt the arrangement of the work abridged. The former infringes the copyright if the matter transcribed, when published, impairs the value of the original work; but a fair abridg- ' meut, though it injures the original, is lawful. To " abridge " is to epitomize, to reduce, to contract. To copy certain passages from a book, omitting others, is in no sense an abridgment: the judgment is hot exercised in condensing the author's views; his language is copied, not condensed. To " abridge " is to preserve the substance, the essence of the work, in language suited to such purpose.' An abridgment of an original work, where intellectual labor and judgment are involved, made and condensed by another person, without the consent of the author, is not an infringement of a copyright on the original, especially as to histories, translations, and abridgments not of a character to supersede the original.' See further Compile; Piraot, 2. 2. "Abridgment" has also been used to describe a book in which the substance of reports, or of the rules of law to be' deduced from them, are concisely and more or less systematically stated. ^ Compare Digest. 3. To subtract, diminish, limit, curtail, restrict, discriminate against. " No State shall make... laws which shall abridge the privileges or immunities of citizens of the United States." < The exercise of any right may be regulated by law. The right to pursue a lawful employment is not "abridged," within the Fourteenth Amendment, by an ordinance which merely prescribes the reasonable conditions under which such business may be carried on.' See Citizen.