Donaldson v. Beckett
Encyclopedia
Donaldson v Beckett 2 Brown's Parl. Cases 129, 1 Eng. Rep. 837; 4 Burr. 2408, 98 Eng. Rep. 257 ; 17 Cobbett's Parl. Hist. 953 (1813) is the ruling by the United Kingdom
House of Lords
that denied the continued existence of a perpetual common law copyright
and held that copyright
was a creation of statute and could be limited in its duration.
statute was the Statute of Anne
, 8 Anne c. 19 (1710), in which Parliament
granted a fourteen-year term for a copyright, renewable once. Parliament also provided a special grandfather clause allowing those works already published to enjoy twenty-one years of protection. When the twenty-one years were up, the booksellers--for copyrights were held by publishers and booksellers, not authors--asked for an extension. Parliament declined to grant it.
Thwarted by Parliament, the booksellers turned to the courts for relief. They attempted to secure a ruling that there was a natural right to ownership of the copyright under the common law
. The booksellers arranged a collusive lawsuit
, Tonson v Collins, but the courts threw it out. A real lawsuit was brought, Millar v Taylor 4 Burr. 2303, 98 Eng. Rep. 201 (K.B. 1769), concerning infringement of the copyright on James Thomson's poem "The Seasons" by Robert Taylor, and the booksellers won a favourable judgement. (It helped that Lord Mansfield
, the chief judge on the case, had previously been counsel to the booksellers.) An appeal was brought to the Lords, but the booksellers, fearing an adverse judgement there, settled.
Donaldson v Beckett was brought regarding the same poem at issue in Millar and an injunction was granted by the Court of Chancery on the precedent of Millar v. Taylor. An appeal from the Chancery decree was carried to the House of Lords
, which at that time functioned as the United Kingdom
's court of final appeal, in February 1774.
Seven months previously, in the case of Hinton v. Donaldson, the Scots Court of Session had ruled that copyright did not exist in the common law of Scotland, so that Alexander Donaldson
(an appellant in Donaldson v. Beckett with his older brother, John) could lawfully publish Thomas Stackhouse's New History of the Holy Bible. Attorney General Thurlow, speaking for the appellants, referred to the Scottish case in his opening argument to the Lords on February 4th:
On February 9th, the twelve Judges of the King's Bench, Common Pleas, and the Exchequer were asked to give their opinions on five questions:
The judges presented their answers in the period from February 15th through February 21st. On February 22nd, the motion was made to reverse the Chancery decree. The Lords then debated, the record showing that five Lords spoke. Four of these, Lord Camden, Lord Chancellor Apsley, the Bishop of Carlisle, and Lord Effingham, spoke in favour of the motion to reverse the decree, and one, Lord Lyttleton, spoke against the motion.
Lord Camden
, in his opinion, was scathing toward the booksellers:
In the end, the full house voted to reverse the decree against Donaldson. Thus the Lords rejected the notice of a perpetual copyright and held that it had not previously existed before the Statute of Anne
and older works fall into the public domain
and are available to everyone when the copyright term expires. "Knowledge has no value or use for the solitary owner: to be enjoyed it must be communicated," wrote Camden.
, Bishop of Ross and Caithness, noted in his journal entry of February 26, 1774, that when news of the Lords' decision in Donaldson v. Beckett reached Scotland, there were
Later that year, UK booksellers sought to extend their statutory copyright to 14 years through the Booksellers' Bill
but, having passed the House of Commons, the bill was defeated in the Lords.
In 1834, the United States Supreme Court essentially followed the House of Lords' decision in Donaldson with Wheaton v. Peters
, rejecting any perpetual common law copyright in favor of the statutory instrument still in existence today.
Because only a few of the lords spoke and there was confusion over the opinions of the twelve common-law judges, the resulting decision was able to be interpreted as consistent with what some scholars have called "the myth of common-law copyright"—the view that a common law perpetual copyright existed before the Statute of Anne was passed, but was impeached by the statute. Though views similar to this are expressed in some of the common-law judges' advisory opinions, most of the Lords who spoke during the floor debate (such as Lord Camden) clearly believed that no such common-law right had ever existed.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
that denied the continued existence of a perpetual common law copyright
Common law copyright
Common law copyright is the legal doctrine which contends that copyright is a natural right and creators are therefore entitled to the same protections anyone would be in regard to tangible and real property...
and held that copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
was a creation of statute and could be limited in its duration.
Facts
The first copyrightCopyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
statute was the Statute of Anne
Statute of Anne
The Statute of Anne was the first copyright law in the Kingdom of Great Britain , enacted in 1709 and entering into force on 10 April 1710...
, 8 Anne c. 19 (1710), in which Parliament
Parliament of Great Britain
The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...
granted a fourteen-year term for a copyright, renewable once. Parliament also provided a special grandfather clause allowing those works already published to enjoy twenty-one years of protection. When the twenty-one years were up, the booksellers--for copyrights were held by publishers and booksellers, not authors--asked for an extension. Parliament declined to grant it.
Thwarted by Parliament, the booksellers turned to the courts for relief. They attempted to secure a ruling that there was a natural right to ownership of the copyright under the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
. The booksellers arranged a collusive lawsuit
Collusive lawsuit
A collusive lawsuit is a lawsuit in which the parties to the suit have no actual quarrel with one another, but one sues the other to achieve some result desired by both.-Constitutional law:...
, Tonson v Collins, but the courts threw it out. A real lawsuit was brought, Millar v Taylor 4 Burr. 2303, 98 Eng. Rep. 201 (K.B. 1769), concerning infringement of the copyright on James Thomson's poem "The Seasons" by Robert Taylor, and the booksellers won a favourable judgement. (It helped that Lord Mansfield
William Murray, 1st Earl of Mansfield
William Murray, 1st Earl of Mansfield, SL, PC was a British barrister, politician and judge noted for his reform of English law. Born to Scottish nobility, he was educated in Perth, Scotland before moving to London at the age of 13 to take up a place at Westminster School...
, the chief judge on the case, had previously been counsel to the booksellers.) An appeal was brought to the Lords, but the booksellers, fearing an adverse judgement there, settled.
Donaldson v Beckett was brought regarding the same poem at issue in Millar and an injunction was granted by the Court of Chancery on the precedent of Millar v. Taylor. An appeal from the Chancery decree was carried to the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
, which at that time functioned as the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
's court of final appeal, in February 1774.
Litigation
Counsel was heard on February 4th through February 9th.Seven months previously, in the case of Hinton v. Donaldson, the Scots Court of Session had ruled that copyright did not exist in the common law of Scotland, so that Alexander Donaldson
Alexander Donaldson (bookseller)
Alexander Donaldson was a Scottish bookseller, publisher, and printer. Donaldson was the founding publisher of the weekly newspaper, the Edinburgh Advertiser...
(an appellant in Donaldson v. Beckett with his older brother, John) could lawfully publish Thomas Stackhouse's New History of the Holy Bible. Attorney General Thurlow, speaking for the appellants, referred to the Scottish case in his opening argument to the Lords on February 4th:
[Attorney-General Thurlow] concluded his speech with a compliment to his learned coadjutor, and a hope, that as the lords of session in Scotland had freed that country from a monopoly which took its rise from the chimerical idea of the actuality of literary property, their lordships, whom he addressed, would likewise, by a decree of a similar nature, rescue the cause of literature and authorship from the hands of a few monopolizing booksellers.
On February 9th, the twelve Judges of the King's Bench, Common Pleas, and the Exchequer were asked to give their opinions on five questions:
1. "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?According to Burrow's report of the case, eight of the Judges answered affirmatively, three negatively.
2. "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?Burrow's report states that the judges answered this question in the negative with a vote of seven to four.
3. "If such action would have lain at common law, is it taken away by the statute of 8th Anne: and is an author, by the said statute, precluded from every remedy except on the foundation of the said statute, and on the terms and conditions prescribed thereby?"According to Burrow's report, this question was answered affirmatively, six to five. However, some historians believe that the tallies in Burrow's report are incorrect, and that a majority of the judges held that a common-law copyright was not "taken away" by the statute.
4. "Whether the author of any literary composition, and his assigns, had the sole right of printing and publishing the same, in perpetuity, by the common law?"According to Burrow's report, the judges answered this question affirmatively by seven to four.
5. "Whether this right is any way impeached, restrained, or taken away, by the statute 8th Anne?"According to Burrow's report, the Judges answered affirmatively six to five.
The judges presented their answers in the period from February 15th through February 21st. On February 22nd, the motion was made to reverse the Chancery decree. The Lords then debated, the record showing that five Lords spoke. Four of these, Lord Camden, Lord Chancellor Apsley, the Bishop of Carlisle, and Lord Effingham, spoke in favour of the motion to reverse the decree, and one, Lord Lyttleton, spoke against the motion.
Lord Camden
Charles Pratt, 1st Earl Camden
Charles Pratt, 1st Earl Camden was an English lawyer, judge and Whig politician who was first to hold the title of Earl of Camden...
, in his opinion, was scathing toward the booksellers:
The arguments attempted to be maintained on the side of the respondents, were founded on patents, privileges, Star ChamberStar ChamberThe Star Chamber was an English court of law that sat at the royal Palace of Westminster until 1641. It was made up of Privy Counsellors, as well as common-law judges and supplemented the activities of the common-law and equity courts in both civil and criminal matters...
decrees, and the bye (sic) laws of the Stationers' Company; all of them the effects of the grossest tyranny and usurpation; the very last places in which I should have dreamt of finding the least trace of the common lawCommon lawCommon law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
of this kingdom; and yet, by a variety of subtle reasoning and metaphysical refinements, have they endeavoured to squeeze out the spirit of the common law from premises in which it could not possibly have existence.
In the end, the full house voted to reverse the decree against Donaldson. Thus the Lords rejected the notice of a perpetual copyright and held that it had not previously existed before the Statute of Anne
Statute of Anne
The Statute of Anne was the first copyright law in the Kingdom of Great Britain , enacted in 1709 and entering into force on 10 April 1710...
and older works fall into the public domain
Public domain
Works are in the public domain if the intellectual property rights have expired, if the intellectual property rights are forfeited, or if they are not covered by intellectual property rights at all...
and are available to everyone when the copyright term expires. "Knowledge has no value or use for the solitary owner: to be enjoyed it must be communicated," wrote Camden.
Significance
Robert ForbesRobert Forbes (bishop)
Robert Forbes was the bishop of Ross and Caithness for the Scottish Episcopal Church. He is best remembered for his vocal Jacobite views.-Life:...
, Bishop of Ross and Caithness, noted in his journal entry of February 26, 1774, that when news of the Lords' decision in Donaldson v. Beckett reached Scotland, there were
great rejoicings in Edinburgh upon victory over literary property; bonfires and illuminations, ordered tho’ by a mob, with drum and 2 fifes.
Later that year, UK booksellers sought to extend their statutory copyright to 14 years through the Booksellers' Bill
Booksellers' Bill
The Booksellers's Bill was a 1774 bill introduced into the Parliament of Great Britain in the wake of the important copyright case of Donaldson v. Beckett....
but, having passed the House of Commons, the bill was defeated in the Lords.
In 1834, the United States Supreme Court essentially followed the House of Lords' decision in Donaldson with Wheaton v. Peters
Wheaton v. Peters
Wheaton v. Peters, , was the first United States Supreme Court ruling on copyright. The case upheld the power of Congress to make a grant of copyright protection subject to conditions and rejected the doctrine of a common law copyright. This was also Chief Justice John Marshall's last major...
, rejecting any perpetual common law copyright in favor of the statutory instrument still in existence today.
Because only a few of the lords spoke and there was confusion over the opinions of the twelve common-law judges, the resulting decision was able to be interpreted as consistent with what some scholars have called "the myth of common-law copyright"—the view that a common law perpetual copyright existed before the Statute of Anne was passed, but was impeached by the statute. Though views similar to this are expressed in some of the common-law judges' advisory opinions, most of the Lords who spoke during the floor debate (such as Lord Camden) clearly believed that no such common-law right had ever existed.
See also
- CopyrightCopyrightCopyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
- Copyright law of the United KingdomCopyright law of the United KingdomThe modern concept of copyright originated in the United Kingdom, in the year 1710, with the Statute of Anne.The current copyright law of the United Kingdom is to be found in the Copyright, Designs and Patents Act 1988 , as amended...
- History of copyright lawHistory of copyright lawThe history of copyright law starts with early privileges and monopolies granted to printers of books. The British Statute of Anne 1709, full title "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein...
- List of leading legal cases in copyright law
- Wheaton v. PetersWheaton v. PetersWheaton v. Peters, , was the first United States Supreme Court ruling on copyright. The case upheld the power of Congress to make a grant of copyright protection subject to conditions and rejected the doctrine of a common law copyright. This was also Chief Justice John Marshall's last major...
, U.S. Supreme Court case also addressing the existence of copyright at common law