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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:  | | Stationers' Company v. Carnan, London (1775) Source: Lincolns Inn Library Citation: Stationers' Company v. Carnan (1775), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org Record Images Commentary Record-ID: uk_1775 Full title Stationers' Company v. Carnan (1775) 2 W. Bl. 1004 Full title original language N/A Abstract Case in which the Court of Common Pleas decided that the Crown did not have the authority to grant exclusive prerogative rights over the printing of almanacs, a monopoly which the Stationers' Company had enjoyed, uncontested, since the formation of the 'English Stock' in the early seventeenth century. The commentary describes the background to the litigation, as well as the various strategies that the Stationers' Company employed in their efforts to regain control of the almanac market in the wake of the decision. It also explores how the decision provided the springboard for the emergence of a more contemporary concept of prerogative copyright. It was no longer thought that the Crown could grant printing patents over certain classes of work as of right. Rather, it was the monarch's unique constitutional position as head of both church and state that imposed an obligation to ensure the dissemination of authentic and authoritative versions of both legal and religious materials, and, from this obligation, the right to print the same arose. Bibliography Blagden, C.,The Stationers' Company: A History, 1403-1959 (London: George Allen & Unwin, 1960) Blagden, C., "Thomas Carnan and the Almanack Monopoly", Studies in Bibliography, 14 (1961): 26-43 Monotti, A., "Nature and Basis of Crown Copyright in Official Publications", European Intellectual Property Review, 14 (1992): 305-16 Related documents in this database Author N/A Publisher N/A Location London Year 1775 Language English Source Lincolns Inn Library Physical description N/A Illustrations tables N/A Persons referred to Blackstone, William (1723-1780) Caesar, Gaius Julius (100/102 B.C.-44 B.C.) Carnan, Thomas (1737-1788) de Grey, William (1719-1781) Edward VI (1537-1553) Elizabeth I (1533-1603) Gibson, Edmund (1669-1748) Gould, Henry (1710-1794) Gregory XIII (1502-1585) Grose, Nash (1740-1814) Henry VII (1457-1509) James I (1566-1625) Mansfield, William Murray, 1st Earl (1705-1793) Mary I (1516-1558) Nares, John (1716-1786) Strype, John (1643-1737) Yates, Joseph (1722-1770) Persons referred to in commentary Aesop Baldwyn, Joshua (fl.1781) Bathurst, Henry, 2nd Earl (1714-1794) Blackstone, William (1723-1780) Camden, Charles Pratt, 1st Earl (1714-1794) Carnan, Thomas (1737-1788) Chitty, Joseph (1796-1833) Coke, Sir Edward (1552-1634) Copley, John Singleton, 1st Baron Lyndhurst (1772-1863) Darcy, Edward (fl.1603) Davenport, Mr. (fl.1779) de Grey, William (1719-1781) Edward IV (1442-1483) Eldon, John Scott, 1st Earl of (1751-1838) Elizabeth I (1533-1603) Erskine, Thomas, 1st Baron (1750-1823) Hawkins, John (c.1587-c.1641) Henry VIII (1491-1547) James I (1566-1625) North, Frederick, 8th Lord North and 2nd Earl of Guilford (1732-1792) Speed, John (1551/52-1629) Thurlow, Edward, 1st Baron (1731-1806) Tusser, Thomas (c.1524-1580) Yates, Joseph (1722-1770) Places referred to N/A Places referred to in commentary London Scotland Legislation referred to N/A Legislation referred to in commentary Magna Carta, 1297, 25 Edw.I, c.9 Statute of Monopolies, 1624, 21 Jac.I, c.3 Licensing Act, 1662, 13 & 14 Car.II, c.33 An Act for licensing and regulating hackney coaches and chairs..., 1710, 9 Anne, c.23 Cases referred to Stationers' Company v. Seymour (1677) 1 Mod. 256 Stationers' Company v. Leigh (1681) 34 & 35 Car.II Snow. 258; 2 Ch. Cas. 66 Stationers' Company v. Marlow 32 Car. 2. Lilly's Entr. 63; 2 Snow. 233. Stationers' Company v. Parker (1686), King's Bench; Skinn. 233 Stationers' Company v. Partridge (1709) 11 Ann. (King's Bench); 10 Mod. 105 Basket v. University of Cambridge (1758) 2 Keny. 397, 1 Black W. 105, 2 Burr. 661 Millar v. Taylor (1769) 4 Burr. 2303 Stationers' Company v. Carnan (1775) 2 W. Bl. 1004 Cases referred to in commentary Darcy v. Allen (1603) 11 Co. Rep. 84b Stationers' Company v. Parker (1686), King's Bench; Skinn. 233 Cloth Workers of Ipswich (1614) Godb. R. 252 Stationers' Company v. Marlow 32 Car. 2. Lilly's Entr. 63; 2 Snow. 233 The Stationers v. The Patentees about the printing of Rolle's Abridgment (1666) Cart. 89 Roper v. Streater (1672) Bac. Abr. 6th ed., Vol.IV, 209 Stationers' Company v. Seymour (1677) 1 Mod. 256 Stationers' Company v. Leigh (1681) 34 & 35 Car. 2 Snow. 258; 2 Ch. Cas. 66 Stationers' Company v. Partridge (1709) 11 Ann. (King's Bench); 10 Mod. 105 Basket v. University of Cambridge (1758) 2 Keny. 397, 1 Black W. 105, 2 Burr. 661 Millar v. Taylor (1769) 4 Burr. 2303 Donaldson v. Becket (1774) 4 Burr. 2408, 2 Bro. P.C. 129 Stationers' Company v. Carnan (1775) 2 W. Bl. 1004 Universities of Oxford and Cambridge v. Richardson (1803) 6 Ves. 689 Manners v. Blair (1828) 3 Bligh N.S. 391 Attorney-General (NSW) v. Butterworth & Co (Australia) Ltd (1937) 38 SR (NSW) 195 Institutions referred to Court of Common Pleas House of Lords See of Canterbury See of London Stationers' Company Institutions referred to in commentary House of Commons House of Lords Star Chamber Stationers' Company University of Cambridge University of Oxford Key words almanacs monopoly religious works remedies Stationers' Company taxation 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 | |||||||
