Ronan Deazley - On the Origin of the Right to Copy, Historia(2)(1)
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O
N THE
O
RIGIN OF THE
R
IGHT TO
C
OPY
Taking as its point of departure the lapse of the Licensing Act 1662 in 1695,
this book examines the lead up to the passage of the Statute of Anne 1709
and charts the movement of copyright law throughout the eighteenth cen-
tury, culminating in the House of Lords decision of
Donaldson v Becket
(1774). The established reading of copyright’s development throughout
this period, from the 1709 Act to the pronouncement in
Donaldson
, is one
that bears witness to its singular transformation from publisher’s right to
author’s right. That is, legislation initially designed to regulate the mar-
ketplace of the bookseller and publisher evolves into an instrument that
functions to recognise the proprietary inevitability of an author’s intellec-
tual labours. The historical narrative which unfolds within this book pres-
ents a challenge to that accepted orthodoxy. The traditional analysis of
the development of copyright in eighteenth century Britain is revealed as
exhibiting the character of long-standing myth, and the centrality of the
modern proprietary author as the raison d’être of the copyright regime is
displaced.
On the Origin of the
Right to Copy
Charting the Movement of Copyright Law in
Eighteenth-Century Britain (1695–1775)
RONAN DEAZLEY
OXFORD AND PORTLAND OREGON
2004
Published in North America (US and Canada) by
Hart Publishing
c/o International Specialized Book Services
5804 NE Hassalo Street
Portland, Oregon
97213-3644
USA
© Ronan Deazley 2004
Ronan Deazley has asserted his right under the Copyright, Designs and
Patents Act 1988, to be identified as the author of this work.
Hart Publishing is a specialist legal publisher based in Oxford,
England. To order further copies of this book or to request a list of
other publications please write to:
Hart Publishing, Salters Boatyard, Folly Bridge, Abingdon Rd,
Oxford, OX1 4LB Telephone: +44 (0)1865 245533
Fax: +44 (0)1865 794882
email: mail@hartpub.co.uk
WEBSITE: http//:www.hartpub.co.uk
British Library Cataloguing in Publication Data
Data Available
ISBN 1-84113-375-2 (hardback)
Olympus Infotech Pvt Ltd, India, in Palatino 10/12 pt
Printed and bound in Great Britain by
MPG Books Ltd, Bodmin, Cornwall
Contents
Table of Cases
vii
Table of Statutes
xi
Introduction
xvii
1. Politics, Propaganda and Profanity; Not Property
1
2. The Statute of Anne; A Miserable Havock
31
3. Scraps of Proceedings
51
4. Be Careful What You Wish For
87
5. The First: Copyright at Common Law?
A “Complicated” Action
115
The Second: The Lawyers’ Tales
133
6. Property and the Pamphleteers
149
7.
Millar v Taylor;
The Temporary Perpetual Triumph
169
8.
Donaldson v Becket;
A Game of Numbers
191
9. An Ending and a Beginning
213
Conclusion
221
Postscript
229
Appendix
233
Bibliography
239
Index
255
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O
N THE
O
RIGIN OF THE
R
IGHT TO
C
OPY
Taking as its point of departure the lapse of the Licensing Act 1662 in 1695,
this book examines the lead up to the passage of the Statute of Anne 1709
and charts the movement of copyright law throughout the eighteenth cen-
tury, culminating in the House of Lords decision of
Donaldson v Becket
(1774). The established reading of copyright’s development throughout
this period, from the 1709 Act to the pronouncement in
Donaldson
, is one
that bears witness to its singular transformation from publisher’s right to
author’s right. That is, legislation initially designed to regulate the mar-
ketplace of the bookseller and publisher evolves into an instrument that
functions to recognise the proprietary inevitability of an author’s intellec-
tual labours. The historical narrative which unfolds within this book pres-
ents a challenge to that accepted orthodoxy. The traditional analysis of
the development of copyright in eighteenth century Britain is revealed as
exhibiting the character of long-standing myth, and the centrality of the
modern proprietary author as the raison d’être of the copyright regime is
displaced.
On the Origin of the
Right to Copy
Charting the Movement of Copyright Law in
Eighteenth-Century Britain (1695–1775)
RONAN DEAZLEY
OXFORD AND PORTLAND OREGON
2004
Published in North America (US and Canada) by
Hart Publishing
c/o International Specialized Book Services
5804 NE Hassalo Street
Portland, Oregon
97213-3644
USA
© Ronan Deazley 2004
Ronan Deazley has asserted his right under the Copyright, Designs and
Patents Act 1988, to be identified as the author of this work.
Hart Publishing is a specialist legal publisher based in Oxford,
England. To order further copies of this book or to request a list of
other publications please write to:
Hart Publishing, Salters Boatyard, Folly Bridge, Abingdon Rd,
Oxford, OX1 4LB Telephone: +44 (0)1865 245533
Fax: +44 (0)1865 794882
email: mail@hartpub.co.uk
WEBSITE: http//:www.hartpub.co.uk
British Library Cataloguing in Publication Data
Data Available
ISBN 1-84113-375-2 (hardback)
Olympus Infotech Pvt Ltd, India, in Palatino 10/12 pt
Printed and bound in Great Britain by
MPG Books Ltd, Bodmin, Cornwall
Contents
Table of Cases
vii
Table of Statutes
xi
Introduction
xvii
1. Politics, Propaganda and Profanity; Not Property
1
2. The Statute of Anne; A Miserable Havock
31
3. Scraps of Proceedings
51
4. Be Careful What You Wish For
87
5. The First: Copyright at Common Law?
A “Complicated” Action
115
The Second: The Lawyers’ Tales
133
6. Property and the Pamphleteers
149
7.
Millar v Taylor;
The Temporary Perpetual Triumph
169
8.
Donaldson v Becket;
A Game of Numbers
191
9. An Ending and a Beginning
213
Conclusion
221
Postscript
229
Appendix
233
Bibliography
239
Index
255
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