Commentary on the Booksellers' Bill (1737)

This Bill marks the first occasion on which the British legislature proposed to confer upon authors a lifetime interest in their literary works (with an additional eleven year post-mortem term vesting in their estates), as well as limited rights of translation and abridgement. In addition the draft legislation proposed to render null and void any contract purporting to assign an author's rights to another for a period of longer than ten years.
The commentary describes the background to the Bill, and in particular the attempts of the London book trade to secure more extensive legislative protection in both 1735 and 1737. It argues that the 1737 Bill is significant precisely because it was never made into law, and because it did not suit the best interests of the metropolitan booksellers. Instead, the book trade increasingly turned to the courts to further secure their commercial interests, giving rise to what is commonly referred to as the ‘battle of the booksellers' throughout the next 40 years.

Commentary on Baller v. Watson (1737)

This case marks the first occasion, following the passage of the Statute of Anne 1710 (uk_1710), on which a living author sought to prevent the infringement of his own copyright before the courts, as well as the first time on which a ‘perpetual' injunction was granted to prevent the further unauthorised reproduction of the work.
The commentary describes the circumstances which led Gay to publish the work himself, by subscription, as well as the success he enjoyed (albeit posthumously) in preventing unauthorised versions of the work from being published. That a ‘perpetual' injunction was granted at the conclusion of the litigation was subsequently interpreted, by advocates of common law copyright, to suggest that, regardless of the Statute of Anne, the Lord Chancellor considered copyright to be a perpetual right.