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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:  | | Gyles v. Wilcox (Atkyn's Reports), London (1741) Source: Lincolns Inn Library: Atkyns, J.T., Chancery Reports, 3 Vols. (London: E. and R. Brooke, 1794), 2: 141 Citation: Gyles v. Wilcox (Atkyn's Reports) (1741), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org Record Images Record-ID: uk_1741 Full title Gyles v. Wilcox, Barrow, and Nutt (1741) 2 Atk. 141 Full title original language N/A Abstract Case in which Lord Hardwicke introduces the concept of the 'fair abridgement', and which is generally regarded as the forerunner to the broader doctrine of 'fair use' developed in the courts throughout the nineteenth century. The commentary describes the background to the case, in particular the nature of periodical publication throughout the eighteenth century, the rise of the magazine format in the 1730s, as well as relevant case-law both prior to, and following, the decision. The commentary suggests that while the decision in Gyles can be understood as one guided by public interest arguments similar to those informing the rationale behind the Statute of Anne (that is, the encouragement of learning and production of useful books), it can equally be regarded as one in which the court, in effect, expanded the rights of the copyright owner beyond the protections provided by the legislation. Bibliography Burrell, R., and Coleman, A., Copyright Exceptions: The Digital Impact (Cambridge: Cambridge University Press, 2005) Italia, I., The Rise of Literary Journalism in the Eighteenth Century: Anxious Employment (London & New York: Routledge, 2005) Vaver, D., "Abridgments and Abstracts: Copyright Implications", European Intellectual Property Review, 17 (1995): 225-235 Related documents in this database Author N/A Publisher N/A Location London Year 1741 Language English Source Lincolns Inn Library: Atkyns, J.T., Chancery Reports, 3 Vols. (London: E. and R. Brooke, 1794), 2: 141 Physical description N/A Illustrations tables N/A Persons referred to Bancks, John (fl.1740) Gyles, Fletcher (fl.1741) Hale, Sir Matthew (1609-1676) Hodges, James (d.1774) Peter I, the Great (1672-1725) Read, Thomas (fl.1729) Yorke, Philip, 1st Earl of Hardwicke (1690-1764) Persons referred to in commentary Anne (1665-1714) Atkyns, John Tracey (1706-1773) Barnardiston, Thomas (1706-1752) Burnet, Gilbert (1690-1726) Burnet, Dr. Thomas (c.1635-1715) Cave, Edward (1691-1754) Clarke, Sir Thomas (1703/04-1764) Defoe, Daniel (1660-1731) Eldon, John Scott, 1st Earl of (1751-1838) Ellenborough, Edward Law, 1st Baron (1750-1818) Haywood, Eliza (c.1693-1756) Hodges, James (d.1774) Hyde, Edward, 1st Earl of Clarendon (1609-1674) Johnson, Samuel (1709-1784) Motley, John (fl.1741) Parker, Thomas (1667-1732) Shadwell, Lancelot (1779-1850) Trapp, Dr. Joseph (1679-1747) Yorke, Philip, 1st Earl of Hardwicke (1690-1764) 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 Engravers' Copyright Act, 1735, 8 Geo.II, c.13 Copyright Act, 1911, 1 & 2 Geo.V, c.46 Cases referred to Read v. Hodges (1740) NA, c.11 538/36 Cases referred to in commentary Burnet v. Chetwood (1721) 2 Mer. 441 Austen v. Cave (1739) NA, c.11 1552/3 Read v. Hodges (1740) NA, c.11 538/36 Gyles v. Wilcox (1741) 2 Atk. 141 Pope v. Curl (1741) 2 Atk. 342 Cogan v. Cave (1743) NA, c.33 379/485, 521, 547, c.33 383/69 Tonson v. Walker (1752) NA, c.11 1106/18, 3 Swans 672 Dodsley v. Kinnersley (1761) Amb. 403 Cary v. Kearsley (1804) 4 Esp. 168 Wilkins v. Aikin (1810) 17 Ves. Jun. 422 Whittingham v. Wooler (1817) 2 Swanst. 428 Campbell v. Scott (1842) 6 Jur. 186 Institutions referred to House of Lords Institutions referred to in commentary Court of Chancery Key words abridgements anthologies fair use learning, the advancement of property theory, authors' property scholarly writing 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 | |||||||
