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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. 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. 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. The case influenced the subsequent House of Lords ruling in Donaldson v Beckett ''Donaldson v Becket'' (1774) 2 Brown's Parl. Cases (2d ed.) 129, 1 Eng. Rep. 837; 4 Burr. 2408, 98 Eng. Rep. 257; 17 Cobbett's Parl. Hist. 953 is the ruling by the British House of Lords that held that copyrig ...
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Court Of Session
The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. Decisions of the court can be appealed to the Supreme Court of the United Kingdom, with the permission of either the Inner House or the Supreme Court. The Court of Session and the local sheriff courts of Scotland have concurrent jurisdiction for all cases with a monetary value in excess of ; the plaintiff is given first choice of court. However, the majority of complex, important, or high value cases are brought in the Court of Session. Cases can be remitted to the Court of Session from the sheriff courts, including the Sheriff Personal Injury Court, at the request of the presiding sheriff. Legal aid, administered by the Scottish Legal Aid Board, is available to persons with little dis ...
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Copyright Law Of The United Kingdom
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 (the 1988 Act), 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, On 12 September 2018 the European Parliament approved new copyright rules to help secure the rights of writers and musicians. Background Copyright protection in Britain dates back to the 1556 Charter of the Worshipful Company of Stationers and Newspaper Makers. The Licensing of the Press Act 1662 gave publishers exclusive printing rights, but did not give any rights to authors. Parliament failed to renew the Act in 1694, primarily to remove monopoly and encourage a free press. The modern concept of copyright originated in Great Britain, in the year 1710, w ...
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Scots Law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel. The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually influenced by other, especially Anglo-Norman and continental legal traditions. Although there was some indirect Roman la ...
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Statute Of Anne
The Statute of Anne, also known as the Copyright Act 1710 (cited either as 8 Ann. c. 21 or as 8 Ann. c. 19), was an act of the Parliament of Great Britain passed in 1710, which was the first statute to provide for copyright regulated by the government and courts, rather than by private parties. Prior to the statute's enactment in 1710, copying restrictions were authorized by the Licensing of the Press Act 1662. These restrictions were enforced by the Stationers' Company, a guild of printers given the exclusive power to print—and the responsibility to censor—literary works. The censorship administered under the Licensing Act led to public protest; as the act had to be renewed at two-year intervals, authors and others sought to prevent its reauthorisation. In 1694, Parliament refused to renew the Licensing Act, ending the Stationers' monopoly and press restrictions. Over the next 10 years the Stationers repeatedly advocated bills to re-authorize the old licensing system, bu ...
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Thomas Stackhouse
Thomas Stackhouse (1677–1752) was an English theologian and controversialist. Life The son of John Stackhouse (d. 1734), who became rector of Boldon in County Durham, and uncle of John Stackhouse, he was born at Witton-le-Wear where his father was then curate. On 3 April 1694 he entered at St. John's College, Cambridge and was B.A. when ordained in 1704. From 1701 to 1704 Stackhouse was headmaster of Hexham Grammar School, and on 28 December 1704 he was ordained priest in London. He then became curate of Shepperton in Middlesex, and from 1713 was minister of the English church at Amsterdam. In 1731 he was curate of Finchley. For some time Stackhouse lived in poverty. He was rescued by his appointment in the summer of 1733 to the vicarage of Beenham, Berkshire. In 1737 he had a house in Theobald's Court, London; in 1741 he was living at Chelsea. Stackhouse died at Beenham on 11 October 1752, and was buried in the parish church, with a large interior monument. Works The m ...
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Alexander Donaldson (bookseller)
Alexander Donaldson (1727 – 11 March 1794) 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. Early years Donaldson was the son of Dr James Donaldson (died 1754), a textile manufacturer and Treasurer of Edinburgh. His mother was Elizabeth Weir (died 1768). He had an older brother, John. His paternal grandfather was Capt. James Donaldson, publisher of ''The Edinburgh Gazette''. Donaldson inherited approximately £10,000 from his father. In 1748, he opened a bookselling shop in Edinburgh. Two years later, on 29 August 1750, he was made a Burgess and Guild Brother of Edinburgh by right of his father in lieu of an apprenticeship. He married a merchant's daughter, Anna Marshall, on 10 January 1751 and may have received a substantial d ...
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James Boswell
James Boswell, 9th Laird of Auchinleck (; 29 October 1740 (New Style, N.S.) – 19 May 1795), was a Scottish biographer, diarist, and lawyer, born in Edinburgh. He is best known for his biography of his friend and older contemporary the English writer Samuel Johnson, which is commonly said to be the greatest biography written in the English language. A great mass of Boswell's diaries, letters and private papers were recovered from the 1920s to the 1950s, and their ongoing publication by Yale University has transformed his reputation. Early life Boswell was born in Blair's Land on the east side of Parliament Close behind St Giles' Cathedral in Edinburgh on 29 October 1740 (New Style, N.S.). He was the eldest son of a judge, Alexander Boswell, Lord Auchinleck, and his wife Euphemia Erskine. As the eldest son, he was heir to his family's estate of Auchinleck in Ayrshire. Boswell's mother was a strict Calvinist, and he felt that his father was cold to him. As a child, he was delica ...
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Lord Monboddo
James Burnett, Lord Monboddo (baptised 25 October 1714; died 26 May 1799) was a Scottish judge, scholar of linguistic evolution, philosopher and deist. He is most famous today as a founder of modern comparative historical linguistics. In 1767 he became a judge in the Court of Session. As such, Burnett adopted an honorary title based on the name of his father's estate and family seat, Monboddo House. Monboddo was one of a number of scholars involved at the time in development of early concepts of biological evolution. Some credit him with anticipating in principle the idea of natural selection that was read by (and acknowledged in the writings of) Erasmus Darwin. Charles Darwin read the works of his grandfather Erasmus and later developed the ideas into a scientific theory. Early years James Burnett was born in 1714 at Monboddo House in Kincardineshire, Scotland. After his primary education at the parish school of Laurencekirk, he studied at Marischal College, Aberdeen, fro ...
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House Of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises Bill (law), bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lo ...
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Donaldson V Beckett
''Donaldson v Becket'' (1774) 2 Brown's Parl. Cases (2d ed.) 129, 1 Eng. Rep. 837; 4 Burr. 2408, 98 Eng. Rep. 257; 17 Cobbett's Parl. Hist. 953 is the ruling by the British House of Lords that held that copyright in published works was not perpetual but was subject to statutory limits. Some scholars disagree on the reasoning behind the decision. Name The spelling of the chief respondent in the case, Thomas Becket, sometimes appears as Beckett. For those looking to choose one spelling over the other, it would be more correct to use Becket. Firstly, Becket overwhelmingly spelled his surname ''t'', not ''tt''. Secondly, many of the original contemporaneous records in the case also spelled his surname ''Becket''. Those records include the original proceedings of the dispute in the Court of Chancery. Additionally, the manuscript records of the appeal in the House of Lords, including the manuscript minutes and manuscript journal of the House of Lords, caption the case using the spellin ...
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1773 In Scotland
Events from the year 1773 in Scotland. Incumbents Law officers * Lord Advocate – James Montgomery * Solicitor General for Scotland – Henry Dundas Judiciary * Lord President of the Court of Session – Lord Arniston, the younger * Lord Justice General – Duke of Queensberry * Lord Justice Clerk – Lord Barskimming Events * Mid-July – the emigrant ship ''Hector'' sets out from Scotland carrying emigrants mainly escaping the Highland Clearances around Loch Broom for Pictou, Nova Scotia, where they arrive on 15 September. * 6 August – Samuel Johnson sets out for Scotland where on 14 August he meets James Boswell in Edinburgh for their tour to the Hebrides. On 12 September they are entertained at Kingsburgh, Skye, by Allan and Flora MacDonald. * Penny Post introduced in Edinburgh. * Scottish judge James Burnett, Lord Monboddo, begins publication of ''Of the Origin and Progress of Language'', a contribution to evolutionary ideas of the Enlightenment. * David ...
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Court Of Session Cases
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to ...
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