''Bach v Longman'' 2 Cowper 623 (1777) is a landmark judgment regarding

copyright A copyright is a type of intellectual property that gives its owner the exclusive 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, education ...

. The case related to whether printed music fell within the protection of the

Statute of Anne The Statute of Anne, also known as the Copyright Act 1710 (cited either as 8 Ann. c. 21 or as 8 Ann. c. 19), was an act of the Parliament of Great Britain passed in 1710, which was the first statute to provide for copyright regulated by the ...

(1710). Lord Mansfield held that published music is protected as 'writing' within the terms of the

legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to ...

Johann Christian Bach by Thomas Gainsborough

Johann Christian Bach Johann Christian Bach (September 5, 1735 – January 1, 1782) was a German composer of the Classical era, the eighteenth child of Johann Sebastian Bach, and the youngest of his eleven sons. After living in Italy for several years, Bach mov ...

and

Karl Friedrich Abel Carl Friedrich Abel (22 December 1723 – 20 June 1787) was a German composer of the Classical era. He was a renowned player of the viola da gamba, and produced significant compositions for that instrument. Life Abel was born in Köthen, ...

sued publisher James

Longman Longman, also known as Pearson Longman, is a publisher, publishing company founded in London, England, in 1724 and is owned by Pearson PLC. Since 1968, Longman has been used primarily as an imprint by Pearson's Schools business. The Longman bra ...

who had been violating the copyright of their works in

London London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...

. The only

legislation at the time was the

, which was assumed not to cover music. However, the judge,

Lord Mansfield William Murray, 1st Earl of Mansfield, PC, SL (2 March 170520 March 1793) was a British barrister, politician and judge noted for his reform of English law. Born to Scottish nobility, he was educated in Perth, Scotland, before moving to L ...

, found that the Statute's preamble referred to "books and other writings."Bach v. Longman et al., 2 Cowper 623 (1777) at 624. This he felt included written music. His decision allowed for a spate of further cases and a more stable performing environment that allowed the growth of freelance musicians in the 18th century.

Further reading

References