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Warburton's Letter from an Author, London (1747)

Source:
University of Birmingham Library: R. Hurd, ed., The Works of the Right Reverend William Warburton, 12 vols. (London: Cadell & Davies, 1811) Vol.12, 405-416

Citation:
Warburton's Letter from an Author (1747), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

Record Images Commentary


Record-ID:
uk_1747

Full title
A Letter from an Author, to a Member of Parliament concerning Literary Property

Full title original language
N/A

Abstract
The first of a number of public commentaries contributing to the mid-eighteenth century debate over the nature of literary property (see also: An Enquiry into the Nature of Literary Property (uk_1762a); An Argument in Defence of Literary Property (uk_1774a)).
Warburton, a strong proponent of the common law rights of the author, provided the first significant commentary upon the nature and classification of property and its relevance to, and relationship with, an author's work. Part of this commentary discusses Warburton's attempts to articulate a clear conceptual distinction between the claim of an inventor to the protection of a patent provided by the state, and the natural right of an author to the property in his work.

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)
Patterson, L.R., Copyright in Historical Perspective (Nashville: Vanderbilt University, 1968)
Rose, M., Authors and Owners: The Invention of Copyright (London: Harvard University Press, 1993)

Related documents in this database

Author
William Warburton

Publisher
N/A

Location
London

Year
1747

Language
English

Source
University of Birmingham Library: R. Hurd, ed., The Works of the Right Reverend William Warburton, 12 vols. (London: Cadell & Davies, 1811) Vol.12, 405-416

Physical description
N/A

Illustrations tables
N/A

Persons referred to
Anne (1665-1714)
Cicero, Marcus Tullius (106 B.C.-43 B.C.)
Hannibal (247 B.C.-182 B.C.)
Warburton, William (1698-1779)

Persons referred to in commentary
Aston, Richard (1717-1778)
Gyles, Fletcher (fl.1741)
Knapton, John (1696-1770)
Mansfield, William Murray, 1st Earl (1705-1793)
Osbourne, Thomas (fl.1747)
Pope, Alexander (1688-1744)
Warburton, William (1698-1779)
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
N/A

Cases referred to
Millar v. Taylor (1769) 4 Burr. 2303
Donaldson v. Becket (1774) 4 Burr. 2408, 2 Bro. P.C. 129

Cases referred to in commentary
Pope v. Curl (1741) 2 Atk. 342
Tonson v. Collins (1761) 1 Black W 301
Millar v. Taylor (1769) 4 Burr. 2303
Liardet v. Johnson (1778) Morning Post, 23 February 1778
Liardet v. Johnson (1780) 1 Y. & C.C.C. 527.

Institutions referred to
Court of Chancery

Institutions referred to in commentary
N/A

Key words
authorship, legal concept of
common law copyright
copying, concept of
idea/expression
imitation
inventions
lobbying
natural rights
property theory
property theory, authors' property

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