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Locke's Second Treatise on Government (selected extracts), London (1690)

Source:
Cambridge University Library: Keynes W.1.26

Citation:
Locke's Second Treatise on Government (selected extracts) (1690), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

Record Images Commentary


Record-ID:
uk_1690

Full title
John Locke's Second Treatise on Government (selected extracts)

Full title original language
N/A

Abstract
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.

Bibliography
Astbury, R., "The renewal of the Licensing act in 1693 and its Lapse in 1695", The Library, 33 (1978): 296-322
Deazley, R., On the Origin of the Right to Copy: Charting the Movement of Copyright in Eighteenth Century Britain, 1695-1775 (Oxford: Hart Publishing, 2004)
Feather, J., "From Censorship to Copyright: Aspects of the Government's Role in the English Book Trade 1695-1775". In Books and Society in History. Edited by Carpenter, K.E. (New York and London: Bowker Company, 1983)
Rand, B., The Correspondence of John Locke and Edward Clarke (Oxford: Clarendon Press, 1927)
Treadwell, M., "The stationers and the printing acts at the end of the seventeenth century", in "The Cambridge History of the Book in Britain", vol. IV (1557-1695), ed. by J. Barnard and D.F. McKenzie (Cambridge: Cambridge University Press, 2002)

Related documents in this database

Author
N/A

Publisher
Amen Corner/Black Swan, Ave Mary Lane

Location
London

Year
1690

Language
English

Source
Cambridge University Library: Keynes W.1.26

Physical description
N/A

Illustrations tables
N/A

Persons referred to
Filmer, Sir Robert (c.1590-1653)
Locke, John (1632-1704)

Persons referred to in commentary
Anderton, William (d.1693)
Anne (1665-1714)
Bingham, Thomas (b.1933)
Blackstone, William (1723-1780)
Clarke, Edward (1649/51-1710)
Freke, John (1652-1717)
Halifax, Charles Montagu, 1st Earl of (1661-1715)
Harley, Robert, 1st Earl of Oxford (1661-1724)
Jepp, Mary (d.1705)
Locke, John (1632-1704)
Russell, Edward, 1st Earl of Orford (1653-1727)
Sacheverell, Henry (c.1674-1724)
Sims, John (fl.1695)
Stephens, Robert (fl.1667)
Talbot, Charles, 12th Earl and only Duke of Shrewsbury (1660-1718)
Tenison, Thomas (1636-1715)
William III (1650-1702)

Places referred to
America
England
London
Spain

Places referred to in commentary
N/A

Legislation referred to
N/A

Legislation referred to in commentary
Licensing Act, 1662, 13 & 14 Car.II, c.33
Act for the more effectual suppressing of Blasphemy and Prophaneness, 1698, 9 & 10 Will.III, c.32
Statute of Anne, 1710, 8 Anne, c.19

Cases referred to
N/A

Cases referred to in commentary
Tonson v. Collins (1762) 1 Black W 321, 1 Black W 329
Millar v. Taylor (1769) 4 Burr. 2303
Donaldson v. Becket (1774) 4 Burr. 2408, 2 Bro. P.C. 129
Designers Guild v. Russell Williams [2001] 1 All ER 700

Institutions referred to
N/A

Institutions referred to in commentary
House of Commons
House of Lords
Stationers' Company
University of Cambridge
University of Oxford

Key words
common law copyright
divine law
labour theory
licensing
monopoly
natural rights
originality
property analogies
property theory
Stationers' Company

Responsible editor
Ronan Deazley




Copyright status

Original document is out of copyright. In so far as these scans are protected by copyright, they are made available on the same terms as translations and commentaries (see home page).




Primary Sources on Copyright (1450-1900), Faculty of Law, University of Cambridge, 10 West Road, Cambridge CB3 9DZ, UK