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Burnet v. Chetwood, London (1721)

Source:
Lincolns Inn Library: Merivale, J.H., Chancery Reports, 3 Vols. (London: Butterworth, 1817-1819), 2: 441

Citation:
Burnet v. Chetwood (1721), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

Record Images Commentary


Record-ID:
uk_1721

Full title
Burnet v. Chetwood (1721) 2 Mer. 441

Full title original language
N/A

Abstract
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.

Bibliography
Deazley, R., On the Origin of the Right to Copy: Charting the Movement of Copyright Law in Eighteenth Century Britain (1695-1775) (Oxford: Hart Publishing, 2004)
Saunders, D., "Copyright, Obscenity and Literary History", Journal of English Literary History, 57 (1990): 431-44

Related documents in this database

Author
N/A

Publisher
N/A

Location
London

Year
1721

Language
English

Source
Lincolns Inn Library: Merivale, J.H., Chancery Reports, 3 Vols. (London: Butterworth, 1817-1819), 2: 441

Physical description
N/A

Illustrations tables
N/A

Persons referred to
Blount, Charles (1654-1693)
Burnet, Dr. Thomas (c.1635-1715)
Chetwood, William (d.1766)
Kettleby, Walter (fl.1695)
Parker, Thomas (1667-1732)
Roussillion, Gabriel (fl.1721)
Wilkinson, Francis (fl.1721)

Persons referred to in commentary
Anne (1665-1714)
Burnet, Dr. Thomas (c.1635-1715)
Chetwood, William (d.1766)
Eldon, John Scott, 1st Earl of (1751-1838)
Franklin, Richard (d.1765)
Merivale, John (1779-1844)
Nutt, John (fl.1698-1710)
Parker, Thomas (1667-1732)
Southey, Robert (1774-1843)

Places referred to
N/A

Places referred to in commentary
N/A

Legislation referred to
Statute of Anne, 1710, 8 Anne, c.19

Legislation referred to in commentary
Statute of Anne, 1710, 8 Anne, c.19
International Copyright Act, 1852, 15 & 16 Vict., c.12
Copyright Act, 1911, 1 & 2 Geo.V, c.46

Cases referred to
Burnet v. Chetwood (1721) 2 Mer. 441

Cases referred to in commentary
Nutt v. Gibson (1714) NA, c.11 1965/21
Burnet v. Chetwood (1721) 2 Mer. 441
Pope v. Curl (1741) 2 Atk. 342
Walcot v. Walker (1803) 7 Ves. 1
Southey v. Sherwood (1817) 2 Mer. 435
Lawrence v. Smith (1822) Jacob 471
Murray v. Benbow (1822) The Times 2 Feb. 1822
Murray v. Dugdale (1823) The Times 22 July 1823
Stockdale v. Onwhyn (1826) 5 B&C 174
Norton v. Churton (1835) The Times 16 July 1835
Glynn v. Weston Feature Films [1916] 1 Ch 261

Institutions referred to
Fleet Prison, London
Stationers' Company

Institutions referred to in commentary
Court of Chancery
Stationers' Company

Key words
authorship, theory of
derivatives
immoral works
moral rights, integrity
translation, right of
translations, of contemporary works
unpublished works

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