The crucial
casescase of Millar v. Taylor, as to the copyright of Thomson's "Seasons," brought directly before the Court of King's Bench the question whether rights at common law still existed, aside from the statute and its period of protection. In this case Lord Mansfield and two other judges held that an author had, at common law, a perpetual copyright, independent of statute, one dissenting justice holding that there was no such property at common law. The copyright was sold by Millar's executors to Becket, who prosecuted Donaldson for piracy and obtained from Lord Chancellor Bathurst a perpetual injunction. In 1774, in the famous case of Donaldson v. Becket, this decision was appealed from, and the issue was carried to the highest tribunal, the House of Lords.
The Judges'
opinionsThe House of Lords propounded five questions to the judges. These, with the replies,[1] were as follows:
I. Whether, at common law, an author of any book or literary composition had the sole right of first printing and publishing the same for sale ; and might bring an action against any person who printed, published and sold the same without his consent? Yes, 10 to I that he had the sole right, etc., — and 8 to 3 that he might bring the action.
II. If the author had such right originally, did the law take it away, upon his printing and publishing such book or literary composition; and might any person afterward reprint and sell, for his own benefit, such book or literary composition against the will of the author? No, 7 to 4.
III. If such action would have lain at common law, is it taken away by the statute of 8th Anne? And is
- ↑ The votes on these decisions are given differently in the several copyright authorities. These figures are corrected from 4 Burrow's Reports, 2408, the leading English parliamentary reports, and are probably right.
