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    Core documents by: Date Place Core documents for: Italy Germany France Britain United States All documents for: Italy Germany France Britain United States Original language: English French German Italian Latin Browse documents by: Person ... by name ... by occupation ... by life dates Place Institution Legislation Case law Browse commentaries by: Person ... by name ... by occupation ... by life dates Place Institution Legislation Case law Browse database by: Key words Editors' login:  | | Baller v. Watson: Entry from the Court's Book of Orders, London (1737) Source: The National Archives: c.33 369/315 Citation: Baller v. Watson: Entry from the Court's Book of Orders (1737), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org Record Images Commentary Record-ID: uk_1737a Full title Baller v. Watson: Entry from the Court of Chancery's Book of Orders Full title original language N/A Abstract This case marks the first occasion, following the passage of the Statute of Anne 1710 (uk_1710), on which a living author sought to prevent the infringement of his own copyright before the courts, as well as the first time on which a 'perpetual' injunction was granted to prevent the further unauthorised reproduction of the work. The commentary describes the circumstances which led Gay to publish the work himself, by subscription, as well as the success he enjoyed (albeit posthumously) in preventing unauthorised versions of the work from being published. That a 'perpetual' injunction was granted at the conclusion of the litigation was subsequently interpreted, by advocates of common law copyright, to suggest that, regardless of the Statute of Anne, the Lord Chancellor considered copyright to be a perpetual right. Bibliography Greene, J., The Trouble with Ownership: Literary Property and Authorial Liability in England, 1660-1730 (Philadelphia: University of Pennsylvania Press, 2005) Goldgar, B.A., Walpole and the Wits: The Relation of Politics to Literature, 1722-1742 (Lincoln & London: University of Nebraska Press, 1976) Related documents in this database Author N/A Publisher Unpublished Location London Year 1737 Language English Source The National Archives: c.33 369/315 Physical description N/A Illustrations tables N/A Persons referred to Anne (1665-1714) Aris, Samuel (d.c.1735) Astley, Thomas (fl.1728-1737) Baller, Katherine (fl.1733-1737) Fortescue, Joanna (fl.1733) Gay, John (1685-1732) Jeffreys, Francis (fl.1729-1737) Read, Thomas (fl.1729) Talbot, Charles, 1st Baron Talbot (1685-1737) Thompson, T. (fl.1728-1737) Walker, Jeffrey (fl.1728-1737) Walker, Robert (c.1709-1761) Watson, James (fl.1713-1737) Wright, John (fl.1729-1734) Persons referred to in commentary Arbuthnot, John (1667-1735) Bolingbroke, Henry St John, 1st Viscount (1678-1751) Bunyan, John (1628-1688) Douglas, Catherine (1701-1777) Finch, Heneage, 1st Earl of Nottingham (1621-1682) FitzRoy, Charles (1683-1757) Fowler, D. B. (fl.1795) Gay, John (1685-1732) Godolphin, Henrietta (1681-1733) Henley, Robert, 1st Earl of Northington (c.1708-1772) Hinde, Robert (fl.1785) Pope, Alexander (1688-1744) Pulteney, William (1684-1764) Read, Thomas (fl.1729) Swift, Jonathan (1667-1745) Talbot, Charles, 1st Baron Talbot (1685-1737) Talbot, William (1710-1782) Thomson, James (1700-1748) Tonson, Jacob, 'the Elder' (1655/56-1736) Walker, Robert (c.1709-1761) Walpole, Sir Robert, Earl of Orford (1676-1745) Watson, James (fl.1713-1737) Watts, John (d.1763) Wedderburn, Alexander, 1st Earl of Rosslyn (1733-1805) Yorke, Philip, 1st Earl of Hardwicke (1690-1764) Places referred to N/A Places referred to in commentary Glamorgan Legislation referred to Statute of Anne, 1710, 8 Anne, c.19 Legislation referred to in commentary N/A Cases referred to N/A Cases referred to in commentary Ponder v. Bradyll (1679), 13 Car. 2. Lill. Entr. 67 Burnet v. Chetwood (1721) 2 Mer. 441 Knaplock v. Curl (1722) NA, c.11 690/5 Gay v. Read (1729) NA, c.33 351/305 Eyre v. Walker (1735) NA, c.11 1520/29 Motte v. Faulkner (1735) NA, c.11 2249/4 Watson v. Jeffries (1738) NA, c.11 1541/37 Tonson v. Mechell (1739) NA, c.11 2462/49 Austen v. Cave (1739) NA, c.11 1552/3 Rivington v. Cooper (1740) NA, c.11 1566/42 Read v. Hodges (1740) NA, c.11 538/36 Forrester v. Walker (1741) NA, c.11 867/54 Pope v. Gilliver (1743) NA, c.11 549/39 Pope v. Bickham (1744) NA, c.11 626/30 Tonson v. Stevens (1745) NA, c.11 2558/47 Jesus College v. Bloom (1745) 3 Atk. 262 Midwinter v. Hamilton (1743-1748) Tonson v. Collins (1761) 1 Black W 301 Millar v. Taylor (1769) 4 Burr. 2303 Savory (Lim.) v. Gyptian Oil Co. (Lim.) (1904) 48 Solicitor's Journal 573 Institutions referred to Stationers' Company Stationers' Hall Institutions referred to in commentary Court of Chancery Key words authors, self-publishing common law copyright dramatico-musical works, protected subject matter perpetual protection piracy remedies reprints property theory, authors' property subscription 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). | |||||
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| Primary Sources on Copyright (1450-1900), Faculty of Law, University of Cambridge, 10 West Road, Cambridge CB3 9DZ, UK | |||||||
