In the words of Lord Ellenborough, "[W] hile I shall think myself bound to secure every man in the enjoyment of his copy-right, one must not put manacles upon science."

—“a man may fairly adopt part of the work of another: he may so make use of another' s labours for the promotion of science, and the benefit of the public: but having done so, the question will be, Was the matter so taken used fairly with that view…”

So, the law has been that man may make use of the work of another "for the promotion of science, and the benefit of the public"

Accordingly, various forms of what would become known as derivative works, such as translations, abridgments and adaptations, were considered independent, non-infringing works

In that case, the court did not use the term “fair use” but instead held that “a man may fairly adopt part of the work of another... for the promotion of science, and the benefit of the public.”

I shall address these observations to the jury, leaving them to say, whether what so taken or supposed to be transmitted from the plaintiff's book, was fairly done with a view of compiling a useful book, for the benefit of the public, upon which there has been a totally new arrangement of such matter,—or taken colourable, merely with a view to steal the copy-right of the …

A common law fair use doctrine emerged to allow certain infringing uses in order to "not put manacles upon science

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