Millar v Taylor, London (1769)

This case concerned the infringement of the copyright on James Thomson's "The Seasons" by Robert Taylor.

Photograph of Frontispiece –
The Seasons by James Thomson Printed for A. Millar (1757)

Andrew Millar, a bookseller, had purchased the publishing rights to James Thomson's "The Seasons" in 1729. As soon as the the exclusive rights granted under the Statute of Anne (1710) expired, Robert Taylor began publishing his own competing publication of the same work. Millar claimed that on 20 January 1763 he had printed two thousand copies and that some months later Taylor had published, exposed to sale, and sold one thousand copies of the same work without seeking Millar's licence or consent. Millar claimed to have suffered damage of £200 because of these unauthorised editions.

The Court of King’s Bench ruled that, irrespective of the provisions incorporated in the Statute of Anne, authors enjoyed the exclusive right to publish their works in perpetuity.

Photograph of pp. 1-2 
Millar's print (1757)  

    Photograph of pp. 48-49
Millar's print (1757)

                     

Photograph of pp. 118-119
Millar's print (1757)

Photograph of pp. 170-171
Millar's print (1757)

             

Full citation: Millar v Taylor, (1769) 98 E.R. 201; (1769) 4 Burr. 2303

For a commentary see: Deazley, R. (2008) ‘Commentary on Millar v. Taylor (1769)', in Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org