Donaldson v Becket, London (1774)

Donaldson v Becket dealt with disputed rights over James Thomson's "The Seasons" and was in essence an appeal to Millar v Taylor.

Photograph of Frontispiece – The Seasons by James Thomson Printed for A. Donaldson (1768)

In 1771, Thomas Becket filed a bill in Chancery against Alexander Donaldson, a Scottish bookseller, seeking an injunction to prevent him from printing Thomson’s work. An interlocutory injunction was granted and a year later the case was heard before Lord Chancellor Apsley. Repeated Millar, the Lord decreed that the injunction granted be made perpetual. Donaldson appealed. In January 1774, his petition was read before the House of Lords which, overturning Millar, failed to find an authoritative legal precedent in support of the perpetual rights of authors.
 

Photograph of pp. 1-2
Donaldson's print (1768) 

 Photograph of pp. 45-46   
Donaldson's print (1768) 

                                                

Photograph of pp. 113-114
Donaldson's print (1768)  

    Photograph of pp. 163-164
Donaldson's print (1768)

Full citation: Donaldson v Becket, (1774) 4 Burr. 2408

For a commentary: Deazley, R. (2008) ‘Commentary on Donaldson v. Becket (1774)', in Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

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