and when one Donaldson of Edinburgh brought out an edition of the poems,
it became the duty of Beckett to take proceedings, which he did by
filing a bill in the Court of Chancery.[8]
These proceedings found their way, as all decent proceedings do, to the
House of Lords--farther than which you cannot go, though ever so minded.
It was now high time to settle this question, and their lordships
accordingly, as was their proud practice in great cases, summoned the
judges of the land before their bar, and put to them five
carefully-worded questions, all going to the points--what was the old
Common Law right, and has it survived the statute? Eleven judges
attended, heard the questions, bowed and retired to consider their
answers. On the fifteenth of February, 1774, they reappeared, and it
being announced that they differed, instead of being locked up without
meat, drink, or firing until they agreed, they were requested to deliver
their opinions with their reasons, which they straightway proceeded to
do. The result may be stated with tolerable accuracy thus: by ten to one
they were of opinion that the old Common Law recognised perpetual
copyright. By six to five they were of opinion that the statute of Queen
Anne had destroyed this right. The House of Lords adopted the opinion of
the majority, reversed the decree of the Court below, and thus Thomson's
_Seasons_ became your _Seasons_, my _Seasons_, anybody's _Seasons_. But
by how slender a majority! To make it even more exciting, it was
notorious that the most eminent judge on the Bench (Lord Mansfield)
agreed with the minority; but owing to the combined circumstances of his
having already, in a case practically between the same parties and
relating to the same matter, expressed his opinion, and of his being not
merely a judge but a peer, he was prevented (by etiquette) from taking
any part, either as a judge or as a peer, in the proceedings. Had he not
been prevented (by etiquette), who can say what the result might have
been?
Here ends the story of how authors and their assignees were disinherited
by mistake, and forced to content themselves with such beggarly terms
of enjoyment as a hostile legislature doles out to them.
As the law now stands, they may enjoy their own during the period of the
author's life, _plus_ seven years, or the period of forty-two years,
whichever may chance to prove the longer.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account