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Booksellers' Bill, London (1737)

Source:
British Library: BS 68/16.(1)

Citation:
Booksellers' Bill (1737), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

Record Images Commentary


Record-ID:
uk_1737

Full title
Bill for the better Encouragement of Learning, and for the more effectual securing the Copies of Printed Books to the Authors or Purchasers of such Copies, during the Times therein mentioned

Full title original language
N/A

Abstract
This Bill marks the first occasion on which the British legislature proposed to confer upon authors a lifetime interest in their literary works (with an additional eleven year post-mortem term vesting in their estates), as well as limited rights of translation and abridgement. In addition the draft legislation proposed to render null and void any contract purporting to assign an author's rights to another for a period of longer than ten years.
The commentary describes the background to the Bill, and in particular the attempts of the London book trade to secure more extensive legislative protection in both 1735 and 1737. It argues that the 1737 Bill is significant precisely because it was never made into law, and because it did not suit the best interests of the metropolitan booksellers. Instead, the book trade increasingly turned to the courts to further secure their commercial interests, giving rise to what is commonly referred to as the 'battle of the booksellers' throughout the next 40 years.

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)
Feather, J., Publishing, Piracy and Politics: An Historical Study of Copyright in Britain (London: Mansell, 1994)
Harris, M., "Scratching the surface: engravers, printsellers and the London book trade in the mid-18th century". In The Book Trade and its Customers, 1450-1900. Edited by A. Hunt, G. Mandelbrote and A. Shell (Winchester: St Paul's Bibliographies, 1990)

Related documents in this database

Author
N/A

Publisher
N/A

Location
London

Year
1737

Language
English

Source
British Library: BS 68/16.(1)

Physical description
N/A

Illustrations tables
N/A

Persons referred to
Anne (1665-1714)
George II (1683-1760)
Henry VIII (1491-1547)

Persons referred to in commentary
Boyle, Richard, 3rd Earl of Burlington (1694-1753)
Cave, Edward (1691-1754)
Craggs, James, 'the Younger' (1686-1721)
Curl, Edmund (1683-1747)
Fermor, Arabella (d.1737)
Halifax, Charles Montagu, 1st Earl of (1661-1715)
Harley, Edward (1689-1741)
Hogarth, William (1697-1764)
Locke, John (1632-1704)
Pope, Alexander (1688-1744)
Pulteney, William (1684-1764)
Swift, Jonathan (1667-1745)
Trumbull, Sir William (1639-1716)

Places referred to
England
London
Netherlands
Scotland
Great Britain

Places referred to in commentary
England
London
Holland
Scotland
Great Britain

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

Legislation referred to in commentary
Licensing Act, 1662, 13 & 14 Car.II, c.33
Statute of Anne, 1710, 8 Anne, c.19
Stamp Act, 1711, 10 Anne, c.19
Engravers' Copyright Act, 1735, 8 Geo.II, c.13

Cases referred to
N/A

Cases referred to in commentary
Baller v. Watson (1729-1737), NA, c.11 1739/34, 1272/7, 2427/24, 1272/17, 1272/18, 1727/16, 2433/14, 2434/18, 1738/35; c.33 351/305, 353/5, 353/38, 353/153, 353/202, 353/292, 353/401, 355/20, 355/27, 357/132, 357/249, 357/271, 357/272, 357/273, 357/419, 357/547, 359/378, 361/14, 361/17, 367/5, 367/23, 367/37, 367/83, 367/188, 369/315
Millar v. Taylor (1769) 4 Burr. 2303
Hinton v. Donaldson (1773)
Donaldson v. Becket (1774) 4 Burr. 2408, 2 Bro. P.C. 129

Institutions referred to
Bodleian Library, Oxford
Court of Chancery
Faculty of Advocates, Edinburgh
Gray's Inn
Inner Temple
Lincoln's Inn
Middle Temple
Sion College, London
Stationers' Company
Stationers' Hall
University of Cambridge
University of Edinburgh
University of Glasgow
University of King's College, Aberdeen
University of Oxford
University of St Andrews

Institutions referred to in commentary
Gray's Inn
House of Commons
House of Lords
Inner Temple
Lincoln's Inn
Middle Temple
Parliament
Stationers' Company

Key words
abridgements
anonymous works
contracts, regulation of
deposit
duration
duration, post mortem term
editions, new
foreign reprints
lobbying
penalties, paid to publisher(s)
property theory, authors' property
registration
translation, right of

Responsible editor
Ronan Deazley




Copyright status

(c) The British Library Board. All Rights Reserved, Licence No: 8716. Any copyright or database right that subsists in the Work or Reproduction remains the property either of the British Library Board or individual persons. The Work or Reproduction may not be used, sold, licensed, transferred, copied or reproduced in whole or in part in any manner or form or in or on any media to any person without the prior written consent of the British Library.

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