Hinton v Donaldson
Hinton v Donaldson (1773, 5 Brn 508) 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.[1][2]: 111โ122
The case had been brought by a London bookseller, John Hinton, concerning the reprinting of a work by Thomas Stackhouse on which Hinton claimed rights. The case was brought against the booksellers Alexander Donaldson, John Wood and James Meurose. James Boswell, who was a friend of Donaldson, led for the defenders.[3][4]
The judges found (with
Lord Monboddo dissenting) that an author had no property rights in a book, but only the temporary rights which had been granted under the Statute.[5]
The case influenced the subsequent
Donaldson v Beckett (1774).[2]
: 121
References
- ^ Deazley, Ronan (2008). "Commentary on: Hinton v. Donaldson (1773)". www.copyrighthistory.org. Retrieved 23 February 2017.
- ^ .
- ISBN 1841830208.
- ^ "Lords Opinion concerning Literary Property". The Scots Magazine. January 1774. pp. 9โ17. Retrieved 13 March 2017.
- ^ "John Hinton, Bookseller in London, v. Donaldson and Others, Booksellers in Scotland" (PDF). DECISIONS of the LORDS OF COUNCIL AND SESSION. BAILII. 1773. Retrieved 23 February 2017.