The plaintiff wrote a book of non-fiction relating to the history of the Hofburg Spear. He researched the history by mystical meditation and partly by historical research. The first defendant wrote a work of fiction about the post-war fate of the Spear. He admitted using the plaintiff's work as a source but denied substantial copying.
Held, there had been a substantial copying in writing the prologue, there was language copying and the same characters, incidents and interpretation of events; (2) there was no "flagrant" infringement; (3) the publisher was liable as joint tortfeasor; (4) the infringing part of the defendant's work amounted to 4 per cent but the value was 15 per cent of the whole, and the quantum of damages was assessed accordingly.