On the Origin of the Right to Copy: Charting the Movement of Copyright Law in Eighteenth Century Britain (1695-1775)

Taking as its point of departure the lapse of the 1662 Licensing Act in 1695, this book examines the lead up to the passage of the Statute of Anne 1710 and charts the movement of copyright law throughout the eighteenth century, culminating in the House of Lords decision in Donaldson v Becket (1774). The established reading of copyright's development throughout this period, from the 1710 Act to the pronouncement in Donaldson, is that it was transformed from a publisher's right to an author's right; that is, legislation initially designed to regulate the marketplace of the bookseller and publisher evolved into an instrument that functioned to recognise the proprietary inevitability of an author's intellectual labour. The historical narrative which unfolds within this book presents a challenge to that accepted orthodoxy. The traditional analysis of the development of copyright in eighteenth-century Britain is revealed to exhibit the character of long-standing myth, and the centrality of the modern proprietary author as the raison d'etre of the modern copyright regime is displaced.

Commentary on Stationers' Company v. Carnan (1775)

Case in which the Court of Common Pleas decided that the Crown did not have the authority to grant exclusive prerogative rights over the printing of almanacs, a monopoly which the Stationers' Company had enjoyed, uncontested, since the formation of the ‘English Stock' in the early seventeenth century.
The commentary describes the background to the litigation, as well as the various strategies that the Stationers' Company employed in their efforts to regain control of the almanac market in the wake of the decision. It also explores how the decision provided the springboard for the emergence of a more contemporary concept of prerogative copyright. It was no longer thought that the Crown could grant printing patents over certain classes of work as of right. Rather, it was the monarch's unique constitutional position as head of both church and state that imposed an obligation to ensure the dissemination of authentic and authoritative versions of both legal and religious materials, and, from this obligation, the right to print the same arose.