Home | Launch conference | Methodology | Editorial board | Acknowledgements | Contact








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:




Models and Busts Act, London (1798)

Source:
Durham University Library

Citation:
Models and Busts Act (1798), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

Record Images Commentary


Record-ID:
uk_1798

Full title
An Act for Encouraging the Art of Making New Models and Casts of Busts, and other things therein mentioned, 1798, 38 Geo.III, c.71

Full title original language
N/A

Abstract
The first occasion on which British copyright law provided protection for a medium other than print. The legislation conferred exclusive rights lasting 14 years on persons who created new models or casts of human or animal figures.
The commentary describes the background to the Act, in particular the lobbying efforts of the artist and sculptor George Garrard, as well as the subsequent case-law, highlighting flaws in the drafting that lead to a further act in 1814. The commentary argues that while the 1798 Act is pre-modern, in the sense of having a reactive and subject-specific remit, by severing copyright from its print basis, the Act paved the way for the emergence of the modern image of copyright as concerned with the promotion of 'art and literature'.

Bibliography
Garrard, G., A Description of the Different Varieties of Oxen, Common in the British Isles, Embellished with Engravings, Being an Accompaniment To a Set of Models of the Improved Breeds of Cattle, Executed by George Garrard, Upon an Exact Scale of Nature, Under the Patronage of the Board of Agriculture (London: Smeeton, 1800)
Reitlinger, G.R., The Economics of Taste, 3 vols. (London: Barrie & Rockliff, 1961-1970)
Whinney, M., Sculpture in Britain 1530 to 1830 (Middlesex: Penguin Books, 1964)

Related documents in this database

Author
N/A

Publisher
N/A

Location
London

Year
1798

Language
English

Source
Durham University Library

Physical description
N/A

Illustrations tables
N/A

Persons referred to
George III (1738-1820)

Persons referred to in commentary
Boydell, John (1720-1804)
Ellenborough, Edward Law, 1st Baron (1750-1818)
Fox, Charles James (1749-1806)
Garrard, George (1760-1826)
George III (1738-1820)
Grenville, William Wyndham Grenville, 1st Baron (1759-1834)
Grosvenor, Richard Grosvenor, 1st Earl of (1731-1802)
Hogarth, William (1697-1764)
Kneller, Sir Godfrey (1646-1723)
Medici, Cosimo I, 'the Great' (1519-1574)
Michelangelo (1475-1564)
Reynolds, Sir Joshua (1723-1792)
Russell, Francis, 5th Duke of Bedford (1765-1802)
Rutland, Charles Manners, 4th Duke of (1754-1787)
Sackville, Charles, 2nd Duke of Dorset (1711-1769)
Thornhill, Sir James (1675-1734)
West, Benjamin (1738-1820)
Whitbread, Samuel (1758-1815)
Wolfe, James (1727-1759)
Woollett, William (1735-1785)

Places referred to
N/A

Places referred to in commentary
England
Great Britain
Italy
Paris
Vienna

Legislation referred to
Models and Busts Act, 1798, 38 Geo.III, c.71

Legislation referred to in commentary
Engravers' Copyright Act, 1735, 8 Geo.II, c.13
Engravers' Copyright Act, 1766, 7 Geo.III, c.38
Engravers' Copyright Act, 1777, 17 Geo.III, c.57
Calico Printers' Act, 1787, 27 Geo.III, c.38
Models and Busts Act, 1798, 38 Geo.III, c.71
Fine Art Copyright Act, 1862, 25 & 26 Vict., c.68
Copyright Act, 1911, 1 & 2 Geo.V, c.46

Cases referred to
N/A

Cases referred to in commentary
Gahagan v. Cooper (1811) 3 Camp. 111
Caproni v. Alberti (1891) 65 LTR 785

Institutions referred to
Parliament

Institutions referred to in commentary
Accademia dell'Arte del Disegno (Florence)
Board of Agriculture (for Great Britain)
House of Commons
Royal Academy
Royal Academy of Painting and Sculpture (Paris)
St Martin's Lane Academy

Key words
art market
copy
duration
exhibitions
lobbying
portrait
replica
sculpture, protected subject matter

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