Copyright: Its History and Its LawBowker, R. R. (Richard Rogers)
History
Copyright: Its History and Its Law
Bowker, R. R. (Richard Rogers)
Copyright -- History; Copyright -- United States -- History
The statute of Anne, the foundation of the present copyright system of
England and America, which took effect April 10, 1710, gave the author
of works then existing, or his assigns, the sole right of printing for
twenty-one years from that date and no longer; of works not then
printed, for fourteen years and no longer, except in case he were alive
at the expiration of that term, when he could have the privilege
prolonged for another fourteen years. Penalties were provided, which
could not be exacted unless the books were registered with the
Stationers' Company, and which must be sued for within three months
after the offence. If too high prices were charged, the Queen's officers
might order them lowered. A book could not be imported without written
consent of the owner of the printing right. The number of deposit copies
was increased to nine. The act was not to prejudice any previous rights
of the universities and others.
{Sidenote: Its relations to common law}
{Sidenote: The crucial cases}
This act did not touch the question of rights at common law, and soon
after its statutory term of protection on previously printed books
expired, in 1731, lawsuits began. The first was that of Eyre _v._
Walker, in which Sir Joseph Jekyll granted, in 1735, an injunction as to
"The whole duty of man," which had been first published in 1657, or
seventy-eight years before. In this and several other cases the Court of
Chancery issued injunctions on the theory that the legal right was
unquestioned. But in 1769 the famous case of Millar _v._ Taylor, as to
the copyright of Thomson's "Seasons," brought directly before the Court
of King's Bench the question whether rights at common law still existed,
aside from the statute and its period of protection. In this case Lord
Mansfield and two other judges held that an author had, at common law, a
perpetual copyright, independent of statute, one dissenting justice
holding that there was no such property at common law. The copyright was
sold by Millar's executors to Becket, who prosecuted Donaldson for
piracy and obtained from Lord Chancellor Bathurst a perpetual
injunction. In 1774, in the famous case of Donaldson _v._ Becket, this
decision was appealed from, and the issue was carried to the highest
tribunal, the House of Lords.
{Sidenote: The Judges' opinions}
The House of Lords propounded five questions to the judges. These, with
the replies,[1] were as follows:
I. Whether, at common law, an author of any book or literary composition
had the sole right of first printing and publishing the same for sale;
and might bring an action against any person who printed, published and
sold the same without his consent? Yes, 10 to 1 that he had the sole
right, etc.,--and 8 to 3 that he might bring the action.
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