Commentary on the Statute of Monopolies 1624

Legislation restricting the monarch's ability to make monopoly grants in accordance with the royal prerogative, and providing a statutory basis for the patent system. The legislation established the basis upon which patents for "new manufacture[s]" might be granted to "the true and first inventor" of the same in furthering the interests of industry, the economy, and the state. At the same time, privileges concerning printing were left unaffected by the legislation, as were those for the manufacture of saltpetre or gunpowder and for the casting and making of ordnance (canons). In limiting the term of protection for future patents to 14 years while confining existing patents for the same to a period of 21 years, the legislation influenced the choice of the two copyright terms in the Statute of Anne 1710.

Commentary on the Statute of Anne 1710

Legislation conferring exclusive rights upon the author of books not yet printed or published for a period of 14 years and for a further 14 years if the author was still alive at the end of the first period. The legislation also provided the same rights for the authors or owners of books already in print for a single 21 year term.
The commentary describes the background to the Act detailing the manner in which the legislation was amended as it passed through parliament, and highlights particular flaws in the drafting. The commentary argues that, although the Act sought to both secure the interests of the Stationers while at the same time regulating the general operation of the book trade, the primary concern of the legislature lay in the encouragement and advancement of learning.

The Statute of Anne and the Great Abridgement Swindle

There are many things that we know about the Statute of Anne with reasonable certitude. We know that it was prefaced by a period of sustained lobbying on the part of the book trade. We know that on January 11, 1710 a bill was introduced in the House of Commons in response to this lobbying and that, less than three months later, on April 5, 1710, the act that is now commonly referred to as the Statute of Anne was passed. And we also know that the Act that was passed differed in many significant respects from the bill as it was originally introduced to parliament.
There are, however, many things that we don't - or can't - know about the Statute of Anne. This article considers one of those things that we don't or can't know; the extent to which the Act was intended to regulate the unauthorised production of derivative versions of published work (in this case, abridgements) if, indeed, it was intended to regulate the production of such works at all.

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 Defoe's Essay on the Regulation of the Press (1704)

Treatise in which Daniel Defoe sets out his arguments concerning the importance of maintaining a free press, as well as the need to provide for a statutory protection to prevent the ‘press-piracy' of published books.
Defoe sets out various public interest arguments concerning the encouragement of learning, industry and the arts, in support of his case for the introduction of copyright legislation. The commentary describes part of the background to the passing of the Statute of Anne 1710 (uk_1710), in particular: the various unsuccessful attempts to reintroduce an alternative to the Licensing Act 1662 (uk_1662); Defoe's public writing on the need for, and social value of, copyright protection; and the influence of his writings in providing the Company of Stationers with a new rhetorical strategy with which to lobby parliament and secure the passing of the Statute of Anne.

Commentary on Publication of Lectures Act 1835

Legislation conferring the exclusive right of printing and publishing certain lectures for the same term of protection provided by the existing copyright legislation (see: Statute of Anne, uk_1710; Copyright Act, uk_1814). This was the first occasion on which the legislature extended copyright protection to works in the oral form. The legislation is of interest in terms of the distinction it draws between lectures delivered within the 'public' and the 'private' spheres (lectures delivered at a University, for example, are not protected), in terms of articulating the nature of the relationship between a speaker and his audience, and in specifically clarifying that newspapers are similarly prohibited from reporting protected lectures. The commentary explores the background to the passing of the Act, and in particular the role which Henry Brougham played in proposing and securing the same.

Commentary on the Licensing Act 1662

Legislation prohibiting the publication of any literary work without prior licence.
Drawing upon both the Star Chamber Decree 1637 (uk_1637) and the Acts Regulating Printing during the Interregnum (see: uk_1643 and associated documents), the Licensing Act set out a comprehensive set of provisions concerning both the licensing of the press and the regulation and management of the book trade. In addition, it confirmed the rights of those holding printing privileges (or patents) granted in accordance with the royal prerogative (see for example: Day's privilege for The Cosmographical Glass (uk_1559b)) as well as those who had registered works with the Stationers' Company (uk_1557). It also introduced the first legal library deposit requirement. In force between 1662 and 1679, and then again between 1685 and 1695, the Act represents the last occasion on which the censorship of the press was formally and strategically linked to the protection of the economic interests of the Stationers' Company. Its lapse led the Stationers' Company to lobby parliament for renewed protection, ultimately resulting in the passing of the Statute of Anne 1710 (uk_1710).

Commentary on Locke's Second Treatise on Government (1690)

Extracts from a treatise in which Locke sets out his labour theory of property.
Locke's writings on the labour theory of property provided eighteenth century proponents of the concept of copyright at common law (that is, copyright as a natural authorial property right) with a philosophical basis upon which to develop their arguments. The commentary explores the significance of a series of correspondence between John Locke and Edward Clarke, then MP for Taunton, concerning the lapse of the Licensing Act 1662 (uk_1662), and in the run up to the passing of the Statute of Anne 1710 (uk_1710). The commentary argues that, regardless of how Locke's writings on property were subsequently co-opted in the mid-eighteenth century debates as to the nature of copyright, it is doubtful whether Locke himself considered that copyright existed at common law.

Commentary on Burnet v. Chetwood (1721)

Chancery case concerning the publication of a translation of a work protected under the Statute of Anne 1710. The decision established that the reproduction of works in translation was not unlawful under the 1710 Act. The decision is also significant, however, in relation to the court's inherent jurisdiction concerning the publication of works on grounds of public policy.
Drawing upon material in the National Archives the commentary explores the background to, and substance of, the decision as well as its relationship with current judicial practices in refusing the court's protection to copyright protected materials on the grounds that the content of the work is, for example, obscene, sexually immoral, defamatory, blasphemous or irreligious.

Commentary on the Engravers' Act (1735)

Legislation conferring exclusive rights, for a period of 14 years, on persons inventing and designing engravings and similar works. This was first occasion on which British copyright legislation extended to something other than literary works. The commentary describes the background to the Act, in particular the lobbying efforts of a small group of artists and engravers led by William Hogarth, and details similarities and differences which the legislation bore to the Statute of Anne 1710. The commentary suggests that, whereas the Statute of Anne essentially sought to regulate the production of the physical book, with the Engravers' Act the legislature began to articulate a more subtle distinction between the physical object and the subject of copyright protection, which was in this case, the engraved image.

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.

Commentary on Gyles v. Wilcox (1741)

Case in which Lord Hardwicke introduces the concept of the ‘fair abridgement', and which is generally regarded as the forerunner to the broader doctrine of ‘fair use' developed in the courts throughout the nineteenth century. The document includes two different reports of the decision, as well as an essay by Samuel Johnson on the right to abridge an author's work.
The commentary describes the background to the case, in particular the nature of periodical publication throughout the eighteenth century, the rise of the magazine format in the 1730s, as well as relevant case-law both prior to, and following, the decision. The commentary suggests that while the decision in Gyles can be understood as one guided by public interest arguments similar to those informing the rationale behind the Statute of Anne 1710 (that is, the encouragement of learning and production of useful books) (uk_1710), it can equally be regarded as one in which the court, in effect, expanded the rights of the copyright owner beyond the protections provided by the legislation.

Commentary on Millar v. Taylor (1769)

Decision of the Court of King's Bench providing that, regardless of the provisions of the Statute of Anne 1710 (uk_1710), an author enjoyed the exclusive right of publishing his work in perpetuity.
Lord Mansfield, leading a majority decision of the court, provides a robust and influential justification as to the existence of an author's rights in literary property at common law. Yates, J., focussing upon the potential detriment to the public that would flow from the existence of a perpetual right, provides the dissenting opinion. The commentary explores the background to the litigation, in particular the nature of the threat which the Scottish reprint industry posed to the London book trade, relevant case-law leading up to the decision, as well as the substance of the judicial opinions.

Commentary on Bach v. Longman (1777)

A case, initiated by two composers, Johann Christian Bach and Karl Friedrich Abel, concerning whether or not printed music fell within the protection of the Statute of Anne 1710 (uk_1710). Lord Mansfield holds that published music is protected as ‘writing' within the terms of the legislation.
The commentary explores attitudes to the protection of music throughout the eighteenth century on the part of publishers, composers and musicians, and in particular the use of the printing privilege by some composers to secure the right to publish their work, and the efforts of the music publishers to secure legislative protection in the mid-eighteenth century.

Commentary on the Calico Printers' Act 1787

Legislation conferred exclusive rights lasting two months on those first printing 'new and original' patterns on linens, cottons, calicoes and muslins.
The commentary describes the background to the Act, the challenge which the Northern cotton and printing industry presented to those printing fashionable cottons and calicoes in London, as well as the significance of the cotton industry to the British economy in the late eighteenth and early nineteenth century. Against this backdrop, the commentary also explores why it was that the protection provided by the legislature was limited to two months only, by comparison with the more generous copyright terms provided by the Statute of Anne 1710 (uk_1710) and the Engravers' Acts (uk_1735; uk_1766; uk_1777).