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
II. If the author had such right originally, did the law take it away,
upon his printing and publishing such book or literary composition; and
might any person afterward reprint and sell, for his own benefit, such
book or literary composition against the will of the author? No, 7 to 4.
III. If such action would have lain at common law, is it taken away by
the statute of 8th Anne? And is an author, by the said statute,
precluded from every remedy, except on the foundation of the said
statute and on the terms and conditions prescribed thereby? Yes, 6 to 5.
IV. Whether the author of any literary composition and his assigns had
the sole right of printing and publishing the same in perpetuity, by the
common law? Yes, 7 to 4.
V. Whether this right is any way impeached, restrained, or taken away by
the statute of 8th Anne? Yes, 6 to 5.
Footnote 1: The votes on these decisions are given
differently in the several copyright authorities. These
figures are corrected from 4 Burrow's Reports, 2408, the
leading English parliamentary reports, and are probably
right.
{Sidenote: The Lords' decision}
These opinions, that there was perpetual copyright at common law, which
was not lost by publication, but that the statute of Anne took away that
right and confined remedies to the statutory provisions, were directly
contrary to the previous decrees of the courts, and on a motion seconded
by the Lord Chancellor, the House of Lords, 22 to 11, reversed the
decree in the case at issue. This construction by the Lords, in the case
of Donaldson _v._ Becket, of the statute of Anne, has practically "laid
down the law" for England and America ever since.
{Sidenote: Protests}
Two protests against this action deserve note. The first, that of the
universities, was met by an act of 1775, which granted to the English
and Scotch universities (to which Dublin was added in 1801), and to the
colleges of Eton, Westminster and Winchester, perpetual copyright in
works bequeathed to and printed by them. The other, that of the
booksellers, presented to the Commons February 28, 1774, set forth that
the petitioners had invested large sums in the belief of perpetuity of
copyright, but a bill for their relief was rejected.
{Sidenote: Supplementary legislation}
In 1801 an act was passed authorizing suits for damages [at common law,
as well as penalties under statute] during the period of protection of
the statute, the need for such a law having been shown in the case of
Beckford _v._ Hood in 1798, wherein the court had to "stretch a point"
to protect the plaintiff's rights in an anonymous book, which he had not
entered in the Stationers' register.
{Sidenote: The Georgian period}
Public-domain text, read in full here on John Shaqi.
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