Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 LITERARY PROPERTY.

John Hinton, Bookseller in London,
v.
Donaldson and Others, Booksellers in Scotland

1773.

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This point hath been much debated, that is, Whether an author has, by the common law, a property in the book which he hath published, and whether this property is perpetual; or whether it is founded on statute, provided that he complies with the terms of the 8th of Queen Anne, and is for a limited time only, in terms of that statute.

This general point came to be tried in Summer-Session 1773, at the instance of John Hinton, bookseller in London, and Alexander Donaldson and Others, booksellers in Scotland, for printing an edition of Stackhouse's history of the Bible, to which Hinton claimed a perpetual exclusive right, in virtue of a conveyance from Stackhouse.

The cause came before Lord Coalston, Ordinary, who took it to report, and ordered informations. The Lords heard it in presence, and it was debated for some days successively. At last, the Lords, 28th July 1773, sustained the defences, and assoilyied the defenders. That is, they found no perpetual right of property vested in the author of a book, in virtue of the common law ; but at the utmost, that his property was merely statutory and temporary, founded on and regulated by the Act the 8th of Queen Anne; provided always that he complied with the directions of that statute.

And this judgment was affirmed on an appeal.

The question had come into Court before Lord Monboddo, in Winter-Session 1770. between The Trustees of Mr Thomas Ruddiman his Widow and John Robertson, printer,—for printing Mr Ruddiman's Rudiments. The cause was taken to report. Informations were printed, but it was made up, and went off without advising. The informations are dated Winter 1771.