Booksellers' Bill

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The Booksellers's Bill was a 1774 bill introduced into the Parliament of Great Britain in the wake of the important copyright case of Donaldson v. Beckett .

Parliament of Great Britain parliament from 1714 to 1800

The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and the Parliament of Scotland. The Acts created a new unified Kingdom of Great Britain and dissolved the separate English and Scottish parliaments in favour of a single parliament, located in the former home of the English parliament in the Palace of Westminster, near the City of London. This lasted nearly a century, until the Acts of Union 1800 merged the separate British and Irish Parliaments into a single Parliament of the United Kingdom with effect from 1 January 1801.

Copyright is a legal right, existing in many countries, that grants the creator of an original work exclusive rights to determine whether, and under what conditions, this original work may be used by others. This is usually only for a limited time. Copyright is one of two types of intellectual property rights, the other is industrial property rights. The exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. A major limitation on copyright on ideas is that copyright protects only the original expression of ideas, and not the underlying ideas themselves.

In Donaldson a perpetual common law copyright was denied to booksellers and it was held that copyright was a creation of statute and could be limited in its duration. As a result, booksellers sought to have the duration of their copyright extended to 14 years. Under UK parliamentary procedure, the bill passed the House of Commons but was defeated in the House of Lords and never became an act of parliament.

Common law copyright is the legal doctrine which grants copyright protection based on common law of various jurisdictions, rather than through protection of statutory law.

Statute formal written document that creates law, including acts, executive orders, and by-laws

A statute is a formal written enactment of a legislative authority that governs a city, state, or country. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies.

Copyright term length of time copyright subsists in a work before it passes into the public domain

Copyright term is the length of time copyright subsists in a work before it passes into the public domain.

Bibliography

Digital object identifier Character string used as a permanent identifier for a digital object, in a format controlled by the International DOI Foundation

In computing, a Digital Object Identifier or DOI is a persistent identifier or handle used to uniquely identify objects, standardized by the International Organization for Standardization (ISO). An implementation of the Handle System, DOIs are in wide use mainly to identify academic, professional, and government information, such as journal articles, research reports and data sets, and official publications though they also have been used to identify other types of information resources, such as commercial videos.

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Statute of Anne the first statute to provide for copyright regulated by the government and courts, rather than by private parties

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Parliament Acts 1911 and 1949

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The history of copyright law starts with early privileges and monopolies granted to printers of books. The British Statute of Anne 1710, full title "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned", was the first copyright statute. Initially copyright law only applied to the copying of books. Over time other uses such as translations and derivative works were made subject to copyright and copyright now covers a wide range of works, including maps, performances, paintings, photographs, sound recordings, motion pictures and computer programs.

Copyright Act of 1790 copyright statute of the United States

The Copyright Act of 1790 was the first federal copyright act to be instituted in the United States, though most of the states had passed various legislation securing copyrights in the years immediately following the Revolutionary War. The stated object of the act was the "encouragement of learning," and it achieved this by securing authors the "sole right and liberty of printing, reprinting, publishing and vending" the copies of their "maps, charts, and books" for a term of 14 years, with the right to renew for one additional 14-year term should the copyright holder still be alive.

Charles Pratt, 1st Earl Camden 18th-century English lawyer, judge, and politician

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<i>Millar v Taylor</i>

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.

The copyright law of Canada governs the legally enforceable rights to creative and artistic works under the laws of Canada. Canada passed its first colonial copyright statute in 1832 but was subject to imperial copyright law established by Britain until 1921. Current copyright law was established by the Copyright Act of Canada which was first passed in 1921 and substantially amended in 1988, 1997, and 2012. All powers to legislate copyright law are in the jurisdiction of the Parliament of Canada by virtue of section 91(23) of the Constitution Act, 1867.

Donaldson v Becket (1774) 2 Brown's Parl. Cases 129, 1 Eng. Rep. 837; 4 Burr. 2408, 98 Eng. Rep. 257; 17 Cobbett's Parl. Hist. 953 is the ruling by the United Kingdom House of Lords that held that copyright in published works was not perpetual and was instead subject to statutory limits. Some scholars disagree on the reasoning behind the decision.

Perpetual copyright can refer to a copyright without a finite term, or to a copyright whose finite term is perpetually extended. Perpetual copyright in the former sense is highly uncommon, as the current laws of all countries with copyright statutes set a standard limit on the duration, based either on the date of creation/publication, or on the date of the creator's death. Exceptions have sometimes been made, however, for unpublished works. Usually, special legislation is required, granting a perpetual copyright to a specific work.

Andrew Millar was a Scottish publisher in the eighteenth century.

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"Author's rights" is a term frequently used in connection with laws about intellectual property.

Events from the year 1774 in Great Britain.

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The copyright law of Australia defines the legally enforceable rights of creators of creative and artistic works under Australian law. The scope of copyright in Australia is defined in the Australian Copyright Act 1968, which applies the national law throughout Australia. Designs may be covered by the Copyright Act as well as by the Design Act. Since 2007, performers have moral rights in recordings of their work.

Under the law of 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, 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, although this is likely to change if the UK leaves the European Union. Controversial new copyright rules which would require commercial online content sharing services such as YouTube to agree licences with and pay a fair fee to the rights holders of material on their sites for online material will be discussed by the European Parliament in September 2018 after MEPs voted in July 2018 to alter the legislative process. On 12th September 2018 new copyright rules were agreed by the European Parliament to help secure the rights of writers and musicians.

Alexander Donaldson was a Scottish bookseller, publisher, and printer. Donaldson was the founding publisher of the weekly newspaper, the Edinburgh Advertiser. He was also known for selling cheap copies of books after their copyright had expired in disregard to London booksellers' opinions on literary property.

Hinton v Donaldson was a case by which the Court of Session rejected the claim that copyright in Scots law existed beyond the limited term which had been introduced under the Statute of Anne.