Scottish Court of Session Decisions

Subject_1 LITERARY PROPERTY.

Booksellers in London
v.
The Booksellers in Glasgow and Edinburgh

1747, Dec. 2.
Case No. No. 3.

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Tinwald well observed, that the author of a book could have no better title at common law to the property or rather monopoly of his own labours and invention than the first inventor of printing or gunpowder had to the monopoly of that invention, and that this would be a novus modus acquirendi dominii. Also observed, as I had done yesterday, that the East India Company could not have action of damages against importers of East India goods. Arniston spoke long and well, and many things new, but in order to hear him I was obliged to change my seat and could not take notes; but we unanimously found, first, that no action lies for offences against this statute more than three months after the offence; 2dly, that no action on the statute lies for books not entered in Stationers Hall as the act directs; and 3dly, that no action lies upon this statute for damages but only for the penalties; and June 7th 1748 adhered, and found that no action lies either upon or in consequence of the statute. Vide the judgment on appeal, MS. fol (now printed) and the printed cases.