Commentary on An Enquiry into the Nature and Origin of Literary Property (1762)

One of a number of published commentaries contributing to the mid-eighteenth century debate concerning the nature of literary property. The author of An Enquiry sought to repudiate the concept of a natural authorial property right existing at common law. In so doing, he specifically engaged with various aspects of William Warburton's earlier commentary (see: uk_1747), as well as presenting arguments that drew upon the nature of property in general, the differences between the right claimed by proponents of the common law right and other acknowledged incorporeal properties, the similarities between patents and copyright, the history of literary property, the experience of other jurisdictions (drawing upon Venice in particular), and the consequences that would follow from conceding the existence of a perpetual right both for authors in particular and society in general. This commentary, in turn, drew its own response in the guise of A Vindication of the Exclusive Rights of Authors, to their own work (1762).

Commentary on Maugham's Treatise on the Laws of Literary Property (1828)

The first British legal treatise dedicated specifically to the law of copyright written by a strong advocate of the common law rights of the author. Maugham, in addition to providing a commentary upon the law of copyright, also used his work to lobby for both an extension to the copyright term (ideally resulting in a perpetual right) and a reduction in the library deposit requirements (arguing that authors should only be required to deposit one copy of their work for the British Museum). In proselytising the need for a change to the law in both areas he drew frequent comparisons with the law of other jurisdictions (in particular France and Germany). The work became a standard point of reference for many British and American authors who followed.

Commentary on Henrician Proclamation 1538:A Proclamation Prohibiting Unlicensed Printing of Scripture (1538)

Royal Proclamation prohibiting the printing and publishing of ecclesiastical and other books without prior licence, as well as the importation, sale and publication of English language texts printed on the continent. This Proclamation established the precedent for the pre-publication licensing of literary works in England.
The commentary describes the background to the Proclamation, in particular the significance of the English Reformation, and Henry VIII's increasing interest in regulating and censuring the press. The commentary suggests that while this early instance of press intervention influenced governmental attitudes to censorship throughout the next 150 years, one of the crucial differences between this and later models of ideological control was that the 1538 Proclamation sought to censure print materials in a manner that was decoupled from the economic ownership and exploitation of such works.

The Life of an Author: Samuel Egerton Brydges and the Copyright Act 1814

The history of literary copyright in nineteenth century Britain is dominated - understandably perhaps - by a preoccupation with the passing and impact of the Copyright Amendment Act 1842, so ably lobbied for by Sir Thomas Noon Talfourd. This article, however, draws attention away from the 1842 Act towards the Copyright Act 1814, the first legislative provision within British copyright law to introduce a lifetime term of protection for the author. Why and on what basis did the legislature do so?
In bringing a renewed attention to this often overlooked legislative measure, we consider the context and logic that underpinned to grant of a copyright term that was tethered to the life of the author. In doing so, we might also find a useful prism through which to look afresh at current copyright debates concerning the appropriate nature and scope of copyright protection in the 21st century.

Commentary on Warburton's Letter from an Author (1747)

The first of a number of public commentaries contributing to the mid-eighteenth century debate over the nature of literary property (see also: An Enquiry into the Nature of Literary Property (uk_1762a); An Argument in Defence of Literary Property (uk_1774a)).
Warburton, a strong proponent of the common law rights of the author, provided the first significant commentary upon the nature and classification of property and its relevance to, and relationship with, an author's work. Part of this commentary discusses Warburton's attempts to articulate a clear conceptual distinction between the claim of an inventor to the protection of a patent provided by the state, and the natural right of an author to the property in his work.

Commentary on Hinton v. Donaldson (1773)

The Scottish Court of Session, drawing upon principles of the civil law tradition, as well as arguments concerning broader national, social and cultural interests, reject the concept of copyright at common law - a decision that is in direct conflict with that of Millar v. Taylor (1769). Lord Monboddo provides the dissenting opinion, drawing upon the labour theory of property rights, and argues for a unified approach to the issue in relation to the common law of both England and Scotland.
Drawing upon Scottish Records Office archives the commentary explores the background to, and substance of, the decision. It suggests that, given the nature of the economic threat which the Scottish reprint industry posed to the London book trade, particularly in relation to an increasingly lucrative export market, Hinton undermined much of the value of the decision in Millar. The conflict between Millar and Hinton made it almost inevitable that the question of literary property would soon reach the House of Lords.

Commentary on International Copyright Act 1838

Legislation providing that the British monarch could, by Order in Council, grant copyright protection, within Britain and its Dominions, to the authors of literary works first published abroad for a period specified within the Order but not exceeding the domestic copyright term. The Act provided the first occasion on which the British legislature offered the possibility of copyright protection for the work of foreign authors. Its timing is indicative of the widespread attention which the issue of international copyright had begun to attract in Britain, on the continent, and in the United States. The commentary describes the background to the legislation in relation to British attitudes to the importation of foreign works throughout the sixteenth, seventeenth and eighteenth centuries, and in the context of early nineteenth century debates before the courts as to whether the work of foreign authors was in any event protected under existing legislative measures (see also: uk_1854). The commentary also explores the reasons for the failure of the British government to successfully negotiate any bilateral agreements under the legislation, but nevertheless suggests that the 1838 Act provided an important platform upon which to build a subsequent and more successful regime of international copyright protection (see also: uk_1844; uk_1852; uk_1886).