Millar V Taylor
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Millar V Taylor
''Millar v Taylor'' (1769) 4 Burr. 2303, 98 ER 201 is an English court decision that held there is a perpetual common law copyright and that no works ever enter the public domain. It represented a major victory for the bookseller monopolies. Facts Andrew Millar was a bookseller who in 1729, had purchased the publishing rights to James Thomson's poem '' The Seasons''. After the term of the exclusive rights granted under the Statute of Anne expired, Robert Taylor began publishing his own competing publication, which contained Thomson's poem. Following the creation of the first statutory copyright law in 1710 (via the Statute of Anne), as rights belonging to an author (rather than to printers or publishers), the lapse of the Licensing Act 1662 in 1695 and Parliament's refusal to renew the licensing regime (1695), the practice of the English publishing oligopoly had not changed much. Though the purpose of the new law was to break up the monopolies that had been created by the Engli ...
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William Murray, 1st Earl Of Mansfield
William Murray, 1st Earl of Mansfield, (2 March 1705 – 20 March 1793), was a British judge, politician, lawyer, and peer best known for his reforms to English law. Born in Scone Palace, Perthshire, to a family of Scottish nobility, he was educated in Perth before moving to London at the age of 13 to study at Westminster School. Accepted into Christ Church, Oxford, in May 1723, Mansfield graduated four years later and returned to London, where he was called to the Bar by Lincoln's Inn in November 1730 and quickly gained a reputation as an excellent barrister. He became involved in British politics in 1742, beginning with his election to the House of Commons as a Member of Parliament for Boroughbridge and appointment as Solicitor General. In the absence of a strong Attorney General, Mansfield became the main spokesman for the government in the House of Commons, where he was noted for his "great powers of eloquence" and was described as "beyond comparison the best speaker ...
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Scotland
Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjacent Islands of Scotland, islands, principally in the archipelagos of the Hebrides and the Northern Isles. To the south-east, Scotland has its Anglo-Scottish border, only land border, which is long and shared with England; the country is surrounded by the Atlantic Ocean to the north and west, the North Sea to the north-east and east, and the Irish Sea to the south. The population in 2022 was 5,439,842. Edinburgh is the capital and Glasgow is the most populous of the cities of Scotland. The Kingdom of Scotland emerged as an independent sovereign state in the 9th century. In 1603, James VI succeeded to the thrones of Kingdom of England, England and Kingdom of Ireland, Ireland, forming a personal union of the Union of the Crowns, three kingdo ...
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1769 In Case Law
Events January–March * February 2 – Pope Clement XIII dies, the night before preparing an order to dissolve the Jesuits.Denis De Lucca, ''Jesuits and Fortifications: The Contribution of the Jesuits to Military Architecture in the Baroque Age'' (BRILL, 2012) pp315-316 * February 17 – The British House of Commons votes not to allow MP John Wilkes to take his seat after he wins a by-election, on the grounds that he was an outlaw when standing. * March 4 – Mozart departs Italy, after the last of his three tours there. * March 16 – Louis Antoine de Bougainville returns to Saint-Malo, following a three-year circumnavigation of the world with the ships '' La Boudeuse'' and ''Étoile'', with the loss of only seven out of 330 men; among the members of the expedition is Jeanne Baré, the first woman known to have circumnavigated the globe. She returns to France some time after Bougainville and his ships. April–June * April 13 – James ...
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Copyright In Historical Perspective
''Copyright in Historical Perspective'' is an influential work of copyright scholarship by Lyman Ray Patterson. The book traces the history of English copyright from the outgoing 15th century to the late 19th century. Starting with William Caxton's introduction of the printing press to England, Patterson documents the regulation of publishing in England and the United States. He identifies censorship as a driving force in early regulation and provides a detailed account of its impact on private copyright of the publisher's guild, the Stationers' Company. He describes the system of printing patents – letters patent based on the royal prerogative that co-existed with the Stationer's copyright and remained unaffected by the Statute of Anne. Based on Patterson's dissertation, the book was first published in 1968. As of 2010 it is still in print. Kathy Bowrey ranks the books as one of two major contributions made by lawyers to the history of copyright: While she further notes that ...
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Lyman Ray Patterson
Lyman Ray Patterson (18 February 1929 – 5 November 2003) was an American law professor and an influential copyright scholar and historian. Biography Patterson was born in Macon, Georgia. He graduated from Mercer University, and obtained a master's degree in English from Northwestern University. After teaching English at Middle Georgia College, he joined the Army where he studied Russian at the Army Language School. During the Korean War he served as a translator of Russian radio broadcasts. Following the Army he attended law school at Mercer University. After practicing law for two years with the firm of Matthews, Maddox, Walton and Smith in Rome, Georgia he returned to the Mercer Law School to teach. During Patterson's tenure at Mercer he attended Harvard Law School and wrote his S.J.D. dissertation on the history of copyright law. He received the S.J.D. degree from Harvard in 1966. The dissertation became the foundation for his influential book '' Copyrigh ...
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Lawrence Lessig
Lester Lawrence "Larry" Lessig III (born June 3, 1961) is an American legal scholar and political activist. He is the Roy L. Furman Professor of Law at Harvard Law School and the former director of the Edmond J. Safra Center for Ethics at Harvard University. He is the founder of Creative Commons and of Equal Citizens. Lessig was a Lawrence Lessig presidential campaign, 2016, candidate for the Democratic Party (United States), Democratic Party's nomination for president of the United States in the 2016 United States presidential election, 2016 U.S. presidential election but withdrew before the primaries. Life and career Lessig was born on June 3, 1961, in Rapid City, South Dakota to Lester Lawrence "Jack" Lessig II (1929–2020) who was an engineer and Patricia "Pat" West Lessig (1930–2019), a real estate agent. He has two older step-siblings, Robert (died 2019) and Kitty, and a younger biological sister, Leslie. He grew up in Williamsport, Pennsylvania. He graduated from the ...
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Paul Goldstein (law Professor)
Paul Goldstein (born January 14, 1943) is a law professor at Stanford Law School. Goldstein is the author of an influential five-volume treatise on U.S. copyright law and a one-volume treatise on international copyright law, as well as casebooks on intellectual property and international intellectual property. He has authored nine books including five novels, ''Errors and Omissions'', ''A Patent Lie'', ''Secret Justice'', ''Legal Asylum'' and ''Havana Requiem'', which won the 2013 Harper Lee Prize for Legal Fiction. Some of his other works include ''Copyright’s Highway: From the Printing Press to the Cloud'', a widely acclaimed book on the history and future of copyright, and ''Intellectual Property: The Tough New Realities That Could Make or Break Your Business''. Goldstein has served as chairman of the United States Office of Technology Assessment Advisory Panel on Intellectual Property Rights in an Age of Electronics and Information, has been a visiting scholar at the Max ...
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List Of Leading Legal Cases In Copyright Law
A list is a set of discrete items of information collected and set forth in some format for utility, entertainment, or other purposes. A list may be memorialized in any number of ways, including existing only in the mind of the list-maker, but lists are frequently written down on paper, or maintained electronically. Lists are "most frequently a tool", and "one does not ''read'' but only ''uses'' a list: one looks up the relevant information in it, but usually does not need to deal with it as a whole".Lucie Doležalová,The Potential and Limitations of Studying Lists, in Lucie Doležalová, ed., ''The Charm of a List: From the Sumerians to Computerised Data Processing'' (2009). Purpose It has been observed that, with a few exceptions, "the scholarship on lists remains fragmented". David Wallechinsky, a co-author of '' The Book of Lists'', described the attraction of lists as being "because we live in an era of overstimulation, especially in terms of information, and lists help us ...
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History Of Copyright
History is the systematic study of the past, focusing primarily on the human past. As an academic discipline, it analyses and interprets evidence to construct narratives about what happened and explain why it happened. Some theorists categorize history as a social science, while others see it as part of the humanities or consider it a hybrid discipline. Similar debates surround the purpose of history—for example, whether its main aim is theoretical, to uncover the truth, or practical, to learn lessons from the past. In a more general sense, the term ''history'' refers not to an academic field but to the past itself, times in the past, or to individual texts about the past. Historical research relies on primary and secondary sources to reconstruct past events and validate interpretations. Source criticism is used to evaluate these sources, assessing their authenticity, content, and reliability. Historians strive to integrate the perspectives of several sources to devel ...
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Copyright Law Of The United Kingdom
Under the law of the United Kingdom, a copyright is an intangible property right subsisting in certain qualifying subject matter. Copyright law is governed by the Copyright, Designs and Patents Act 1988 (the 1988 Act), as amended from time to time. As a result of increasing legal integration and harmonisation throughout the European Union a complete picture of the law can only be acquired through recourse to EU jurisprudence, On 12 September 2018, the European Parliament approved new copyright rules to help secure the rights of writers and musicians. Background Copyright protection in Britain dates back to the 1556 Charter of the Worshipful Company of Stationers and Newspaper Makers. The Licensing of the Press Act 1662 gave publishers exclusive printing rights, but did not give any rights to authors. Parliament failed to renew the Act in 1694, primarily to remove monopoly and encourage a free press. The modern concept of copyright originated in Great Britain, in the ye ...
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Copyright
A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States and fair dealings doctrine in the United Kingdom. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights normally include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by ...
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History Of Copyright
History is the systematic study of the past, focusing primarily on the human past. As an academic discipline, it analyses and interprets evidence to construct narratives about what happened and explain why it happened. Some theorists categorize history as a social science, while others see it as part of the humanities or consider it a hybrid discipline. Similar debates surround the purpose of history—for example, whether its main aim is theoretical, to uncover the truth, or practical, to learn lessons from the past. In a more general sense, the term ''history'' refers not to an academic field but to the past itself, times in the past, or to individual texts about the past. Historical research relies on primary and secondary sources to reconstruct past events and validate interpretations. Source criticism is used to evaluate these sources, assessing their authenticity, content, and reliability. Historians strive to integrate the perspectives of several sources to devel ...
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