''Hinton v Donaldson'' (1773, 5 Brn 508) is a Scots

copyright law 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, e ...

case, in which the

Court of Session The Court of Session is the highest national court of Scotland in relation to Civil law (common law), civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with othe ...

rejected the claim that

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, ...

existed beyond the limited term introduced under the

Statute of Anne The Statute of Anne, also known as the Copyright Act 1709 or 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 ...

Background

The

was passed in 1710, as the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...

's first

statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...

. Under the statute, authors (and their

publisher Publishing is the activities of making information, literature, music, software, and other content, physical or digital, available to the public for sale or free of charge. Traditionally, the term publishing refers to the creation and distribu ...

s) had the sole authority to reproduce and sell their

works Works may refer to: People * Caddy Works (1896–1982), American college sports coach * John D. Works (1847–1928), California senator and judge * Samuel Works (c. 1781–1868), New York politician Albums * ''Works'' (Pink Floyd album), a Pi ...

for a period of 14 years. The term could be renewed if the author was still alive. Thomas Stackhouse, an English

theologian Theology is the study of religious belief from a religious perspective, with a focus on the nature of divinity. It is taught as an academic discipline, typically in universities and seminaries. It occupies itself with the unique content of ...

, wrote ''New History of the Holy Bible'' in 1738. His copyright, therefore, had expired in 1752. A

London London is the Capital city, capital and List of urban areas in the United Kingdom, largest city of both England and the United Kingdom, with a population of in . London metropolitan area, Its wider metropolitan area is the largest in Wester ...

bookseller Bookselling is the commercial trading of books, which is the retail and distribution end of the publishing process. People who engage in bookselling are called booksellers, bookdealers, book people, bookmen, or bookwomen. History The foundi ...

, John Hinton printed and profitably sold the second edition of the book, although the statutory copyright term had expired. Scottish bookseller, Alexander Donaldson, John Wood, and James Meurose were printing a different edition of Stackhouse's book. Hinton sued the three booksellers before the

, arguing that he had acquired a

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

right of copyright, although the statutory term had ended. He claimed that because he had acquired the copyright from Stackhouse through a

conveyance Conveyance may refer to: * Conveyance, the documentation of the transfer of ownership of land from one party to another—see conveyancing * Public conveyance, a shared passenger transportation service * A means of transport * Water conveyance, ...

, he had a perpetual

property right The right to property, or the right to own property (cf. ownership), is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typicall ...

James Boswell James Boswell, 9th Laird of Auchinleck (; 29 October 1740 ( N.S.) – 19 May 1795), was a Scottish biographer, diarist, and lawyer, born in Edinburgh. He is best known for his biography of the English writer Samuel Johnson, '' Life of Samuel ...

, who was a friend of Donaldson, represented the defender-booksellers.

Decision

Eleven out of twelve judges found (with

Lord Monboddo James Burnett, Lord Monboddo (baptised 25 October 1714 – 26 May 1799) was a Scottish judge, scholar of linguistic evolution, philosopher and deist. He is most famous today as a founder of modern comparative historical linguistics. In 1767, h ...

dissenting) that an author had no property rights in a book, but only the temporary rights which had been granted under the Statute. There was no common law right of copyright.

, however, decided that once a copyright was created under the Statute, it continued in

perpetuity In finance, a perpetuity is an annuity that has no end, or a stream of cash payments that continues forever. There are few actual perpetuities in existence. For example, the United Kingdom (UK) government issued them in the past; these were kno ...

. The case influenced the subsequent

House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...

ruling in ''

Donaldson v Beckett ''Donaldson v Becket'' (1774) 2 Brown's Parl. Cases (2d ed.) 129, 1 Eng. Rep. 837; 4 Burr. 2408, 98 Eng. Rep. 257; 17 Cobbett's Parl. Hist. 953 is the ruling by the British House of Lords that held that copyright in published works was not perp ...

'' (1774).

References

1773 in Scotland Court of Session cases 1773 in case law Copyright law in Europe Scots civil law {{Scotland-law-stub