Millar v. Taylor
Encyclopedia
Millar v Taylor 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.
was a bookseller who in 1729 had purchased the publishing rights to James Thomson's poem "The Seasons." After the term of the exclusive rights granted under the Statute of Anne
expired, Robert Taylor began publishing his own competing publication, which contained Thomson's poem.
Following the passage of the first copyright law, the Statute of Anne
, the practice of the English
publishing monopolies had not changed much. Although the purpose of the new law was to break up the monopolies that had been created by the English Crown and had served, in part, as a basis for the previous English Civil War
. Despite the Statute of Anne's changes to the statutory law
, the publishing monopolies continued to claim exclusive publishing rights under common law
. Starting in the 1740s, London booksellers presented that argument in a series of court cases.
(with Aston and Willes JJ concurring in judgment, Sir Joseph Yates
dissenting), sided with the publishers, finding that common law rights were not extinguished by the Statute of Anne
. Under Mansfield's ruling, the publishers had a perpetual common law right to publish a work for which they had acquired the rights. Thus, no amount of time would cause the work to pass to the public. The ruling essentially eliminated the concept of the public domain
by holding that when the statutory rights granted by the statute expired, the publisher was still left with common law rights to the work. Millar died shortly after the ruling and it was never appealed. As an English court, however, the court's decision did not extend to Scotland
, where a reprint industry continued to thrive. The existence of a common-law copyright, however, was later rejected by a Scottish court
in Hinton v. Donaldson. The issue was ultimately resolved against the London publishing monopolies in the landmark case of Donaldson v. Beckett
. Despite being overturned, the case of Millar v. Taylor remains an important case in the development and history of copyright law.
Common law copyright
Common law copyright is the legal doctrine which contends that copyright is a natural right and creators are therefore entitled to the same protections anyone would be in regard to tangible and real property...
and that no works ever enter the public domain
Public domain
Works are in the public domain if the intellectual property rights have expired, if the intellectual property rights are forfeited, or if they are not covered by intellectual property rights at all...
. It represented a major victory for the bookseller monopolies.
Facts
Andrew MillarAndrew Millar
Andrew Millar was a British publisher.About 1729, he started business as a bookseller and publisher in the Strand, London. His own judgment in literary matters was small, but he collected an excellent staff of literary advisers, and did not hesitate to pay what at the time were considered large...
was a bookseller who in 1729 had purchased the publishing rights to James Thomson's poem "The Seasons." After the term of the exclusive rights granted under the Statute of Anne
Statute of Anne
The Statute of Anne was the first copyright law in the Kingdom of Great Britain , enacted in 1709 and entering into force on 10 April 1710...
expired, Robert Taylor began publishing his own competing publication, which contained Thomson's poem.
Following the passage of the first copyright law, the Statute of Anne
Statute of Anne
The Statute of Anne was the first copyright law in the Kingdom of Great Britain , enacted in 1709 and entering into force on 10 April 1710...
, the practice of the English
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
publishing monopolies had not changed much. Although the purpose of the new law was to break up the monopolies that had been created by the English Crown and had served, in part, as a basis for the previous English Civil War
English Civil War
The English Civil War was a series of armed conflicts and political machinations between Parliamentarians and Royalists...
. Despite the Statute of Anne's changes to the statutory law
Statutory law
Statutory law or statute law is written law set down by a legislature or by a legislator .Statutes may originate with national, state legislatures or local municipalities...
, the publishing monopolies continued to claim exclusive publishing rights under common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
. Starting in the 1740s, London booksellers presented that argument in a series of court cases.
Judgment
The Court of the King's Bench, led by Lord MansfieldWilliam Murray, 1st Earl of Mansfield
William Murray, 1st Earl of Mansfield, SL, PC was a British barrister, politician and judge noted for his reform of English law. Born to Scottish nobility, he was educated in Perth, Scotland before moving to London at the age of 13 to take up a place at Westminster School...
(with Aston and Willes JJ concurring in judgment, Sir Joseph Yates
Sir Joseph Yates
Sir Joseph Yates of Blackburn, Lancashire was an eminent English judge. He was appointed to the King's Bench in 1763, and transferred to the Common Pleas in 1770, but held the latter appointment little more than a month when he died....
dissenting), sided with the publishers, finding that common law rights were not extinguished by the Statute of Anne
Statute of Anne
The Statute of Anne was the first copyright law in the Kingdom of Great Britain , enacted in 1709 and entering into force on 10 April 1710...
. Under Mansfield's ruling, the publishers had a perpetual common law right to publish a work for which they had acquired the rights. Thus, no amount of time would cause the work to pass to the public. The ruling essentially eliminated the concept of the public domain
Public domain
Works are in the public domain if the intellectual property rights have expired, if the intellectual property rights are forfeited, or if they are not covered by intellectual property rights at all...
by holding that when the statutory rights granted by the statute expired, the publisher was still left with common law rights to the work. Millar died shortly after the ruling and it was never appealed. As an English court, however, the court's decision did not extend to Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, where a reprint industry continued to thrive. The existence of a common-law copyright, however, was later rejected by a Scottish court
Courts of Scotland
The civil, criminal and heraldic Courts of Scotland are responsible for the administration of justice. They are constituted and governed by Scots law....
in Hinton v. Donaldson. The issue was ultimately resolved against the London publishing monopolies in the landmark case of Donaldson v. Beckett
Donaldson v. Beckett
Donaldson v Beckett 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 denied the continued existence of a perpetual common law copyright and held that copyright was a creation of...
. Despite being overturned, the case of Millar v. Taylor remains an important case in the development and history of copyright law.
See also
- CopyrightCopyrightCopyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
- Copyright law of the United KingdomCopyright law of the United KingdomThe modern concept of copyright originated in the United Kingdom, in the year 1710, with the Statute of Anne.The current copyright law of the United Kingdom is to be found in the Copyright, Designs and Patents Act 1988 , as amended...
- History of copyright
- List of leading legal cases in copyright law