Literary

Pertaining to polite learning; connected with the study or use of books and writings. The word "literary," having no legal signification, is to be taken in its ordinary and usual meaning. We speak of literary persons an learned, erudite; of literary property, as the productions of ripe scholars, or, at least, of professional writers; of literary institutions, as those where the positive sciences are taught, or persons eminent for learning associate, for purposes connected with their professions. This we think the popular meaning of the word; and that it would not be properly used as descriptive of a school for the instruction of youth. Indianapolis v. McLean, 8 Ind. 332.

— Literary composition. In copyright law. An original result of mental production, developed in a series of written or printed words, arranged for an intelligent purpose, in an orderly succession of expressive combinations. Keene v. Wheatley, 14 Fed. Cas. 192-; Wool-sey v. Judd, 4 Dner (N. Y.) 396.
—Literary property may be described as the right which entitles an author and his assigns to ali the use and profit of his composition, to which no independent right is, through any act or omission on his or their part, vested in another person. 9 Arner. Law Reg. 44.And see Keene v. Wheatley, 14 Fed. Cas. 192; Palmer v. De Witt, 32 N. Y. Super. Ct. 552. A distinction is to be taken between "literary property" (which is the natural, common-law right which a person has in the form of written expression to which he has, by labor and skill, reduced his thoughts) and "copyright," (which is a statutory monopoly, above and beyond natural property, conferred upon an author to encourage and reward a dedication of his literary property to the public.) Abbott.

Pertaining to polite learning; connected with thestudy or use of books and writings. The word “literary,” having no legal signification, is to be taken in its ordinary and usual meaning. We speak of literary persons as learned, erudite; of literary property, as the productions of ripe scholars, or, at least, of professional writers; of literary institutions, as those where the positive sciences are taught, or persons eminent for learning associate, for purposes connected with their professions. This we think the popular meaning of the word; and that it would not be properly used as descriptive of a school for the instruction of youth. § Ind. 332. LITHRARY PROPERTY may be deascribed as the right which entitles an author and his assigns to all the use and profit of his composition, to which no independent right is, through any act or omission on his or their part, vested in another person. 9 Amer. Law Reg. 44. A distinction is to be taken between “literary property” (which is the natural, common-law right which a person has in the form of written expression to which he has, by labor and skill, reduced his thoughts) and “copyright,” (which is a statutory monopoly, above and beyond natural property, conferred upon an author to encourage and reward a dedication of his literary property to the public.) Abbott,

Pertaining to polite learning; connected with the study or use of books and writings. Literary property. A distinction is to be taken between literary property (which is the natural, common-law right which a person has in the form of written expression to which he has, by labor and skill, reduced his thoughts), and copyiigtht, which is a statutoiy monopoly, above and beyond natural property, conferred upon an author to encourage and reward a dedication of his literary property to the public. See Copyright. "Literary property" may be described as the right 'which entitles an author and his assigns to all the use and profit of his composition, to which no independent right is, through.any act or omission on his or their part, vested in another person. Keene V. Wheatley, 9 Am. Law Reg. 44. There remains in the author, notwithstanding the copyright statute, a commonlaw title to his works before publication. Jones V. Thome, 1 N. Y. Leg. Obs. 408. same foundation as that which sustains every other species or description of property. Its sole foundation is "the right which every man has to the exclusive j Jossession and control of the products of his own labor." This right is not confined to the paper on which it is written. It extends to the written composition; and he is entitled to the aid of a court of equity to enjoin a publication of it, though the material property has, with his consent, been vested in another. Woolsey v. Judd, 4 Ihier, 379; 11 How. Pr. 49. Literary purposes. The mere occupancy of a house by a professor of a college is not an occupancy for literary purposes, within the meaning of acts exempting property so used from taxation, although the same stands on land of the college. Kendrick V. Tarquhar, 8 Ohio, 189. In statutes exempting property devoted to literary purposes, " literary" has no fixed legal signification, but is to be taken in its ordinary and usual meaning. Literary institutions are those where the positive sciences are taught, or persons eminent for learning associate for purposes connected with their professions. This is the popular meaning of the term: it is not properly used as descriptive of a school for the instruction of youth. Common Council of Indianapolis v, Mc Lean, 8 Ind. 328.