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Millar V. Taylor
''Millar v Taylor'' (1769) 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. Facts Andrew Millar was a bookseller who in 1729 had purchased the publishing rights to James Thomson (poet), James Thomson's poem ''The Seasons (Thomson), 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 creation of the first statutory copyright law in 1710 (via the Statute of Anne), as rights belonging to an author (rather than to printers or publishers), the lapse of the Licensing Act 1662 in 1695 and Parliament's refusal to renew the licensing regime (1695), the practice of the English publishing oligopoly had not changed much. Though the purpose of the new law was to break up the mono ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Murray, 1st Earl Of Mansfield
William Murray, 1st Earl of Mansfield, PC, SL (2 March 170520 March 1793) 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. He was accepted into Christ Church, Oxford, in May 1723, and graduated four years later. Returning to London from Oxford, he was called to the Bar by Lincoln's Inn on 23 November 1730, and quickly gained a reputation as an excellent barrister. He became involved in politics in 1742, beginning with his election as a Member of Parliament for Boroughbridge, now in North Yorkshire, and appointment as Solicitor General. In the absence of a strong Attorney General, he became the main spokesman for the government in the House of Commons, and was noted for his "great powers of eloquence" and described as "beyond comparison the best speaker" in the House of Commons. With the promotion o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Courts Of Scotland
The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, and deciding on sentencing. The Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the supreme criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues. The judiciary of Scotland, except the Lord Lyon King of Arms, are united under the leadership and authority of the Lord President and Lord Justice General, who is the president of the Court of Session and High Court of Justiciary. The Court of Session has the authority, under the Courts Reform (Scotland) Act ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1769 In British Law
Events January–March * February 2 – Pope Clement XIII dies, the night before preparing an order to dissolve the Jesuits.Denis De Lucca, ''Jesuits and Fortifications: The Contribution of the Jesuits to Military Architecture in the Baroque Age'' (BRILL, 2012) pp315-316 * February 17 – The British House of Commons votes to not allow MP John Wilkes to take his seat after he wins a by-election. * March 4 – Mozart departs Italy, after the last of his three tours there. * March 16 – Louis Antoine de Bougainville returns to Saint-Malo, following a three-year circumnavigation of the world with the ships '' La Boudeuse'' and '' Étoile'', with the loss of only seven out of 330 men; among the members of the expedition is Jeanne Baré, the first woman known to have circumnavigated the globe. She returns to France some time after Bougainville and his ships. April–June * April 13 – James Cook arrives in Tahiti, on the ship HM Bark ''Endea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1769 In Case Law
Events January–March * February 2 – Pope Clement XIII dies, the night before preparing an order to dissolve the Jesuits.Denis De Lucca, ''Jesuits and Fortifications: The Contribution of the Jesuits to Military Architecture in the Baroque Age'' (BRILL, 2012) pp315-316 * February 17 – The British House of Commons votes to not allow MP John Wilkes to take his seat after he wins a by-election. * March 4 – Mozart departs Italy, after the last of his three tours there. * March 16 – Louis Antoine de Bougainville returns to Saint-Malo, following a three-year circumnavigation of the world with the ships '' La Boudeuse'' and '' Étoile'', with the loss of only seven out of 330 men; among the members of the expedition is Jeanne Baré, the first woman known to have circumnavigated the globe. She returns to France some time after Bougainville and his ships. April–June * April 13 – James Cook arrives in Tahiti, on the ship HM Bark ''Endea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright In Historical Perspective
''Copyright in Historical Perspective'' is an influential work of copyright scholarship by Lyman Ray Patterson. The book traces the history of Anglo-Saxon copyright from the outgoing 15th century to the late 19th century. Starting with William Caxton's introduction of the printing press to England, Patterson documents the regulation of publishing in England and the United States. He identifies censorship as a driving force in early regulation and provides a detailed account of its impact on private copyright of the publisher's guild, the Stationers' Company. He describes the system of printing patents – letters patent based on the Royal Prerogative that co-existed with the Stationer's copyright and remained unaffected by the Statute of Anne. Based on Patterson's dissertation, the book was first published in 1968. As of 2010 it is still in print. Kathy Bowrey ranks the books as one of two major contributions made by lawyers to the history of copyright: While she further notes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lyman Ray Patterson
Lyman Ray Patterson (18 February 1929 – 5 November 2003) was an American law professor and an influential copyright scholar and historian. Biography Patterson was born in Macon, Georgia. He graduated from Mercer University, and obtained a master's degree in English from Northwestern University. After teaching English at Middle Georgia College, he joined the Army where he studied Russian at the Army Language School. During the Korean War he served as a translator of Russian radio broadcasts. Following the Army he attended law school at Mercer University. After practicing law for two years with the firm of Matthews, Maddox, Walton and Smith in Rome, Georgia he returned to the Mercer Law School to teach. During Patterson's tenure at Mercer he attended Harvard Law School and wrote his S.J.D. dissertation on the history of copyright law. He received the S.J.D. degree from Harvard in 1966. The dissertation became the foundation for his influential book ''Copyright in Histo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawrence Lessig
Lester Lawrence Lessig III (born June 3, 1961) is an American academic, attorney, and political activist. He is the Roy L. Furman Professor of Law at Harvard Law School and the former director of the Edmond J. Safra Center for Ethics at Harvard University. Lessig was a candidate for the Democratic Party's nomination for president of the United States in the 2016 U.S. presidential election but withdrew before the primaries. Lessig is a proponent of reduced legal restrictions on copyright, trademark, and radio frequency spectrum, particularly in technology applications. In 2001, he founded Creative Commons, a non-profit organization devoted to expanding the range of creative works available for others to build upon and to share legally. Prior to his most recent appointment at Harvard, he was a professor of law at Stanford Law School, where he founded the Center for Internet and Society, and at the University of Chicago. He is a former board member of the Free Software Foundatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paul Goldstein (law Professor)
Paul Goldstein (born January 14, 1943) is a law professor at Stanford Law School. A globally recognized expert on intellectual property law, Goldstein is the author of an influential four-volume treatise on U.S. copyright law and a five-volume treatise on international copyright law, as well as leading casebooks on intellectual property and international intellectual property. He has authored nine books including five novels, ''Errors and Omissions'', ''A Patent Lie'', ''Secret Justice'', ''Legal Asylum'' and ''Havana Requiem'', which won the 2013 Harper Lee Prize for Legal Fiction. Some of his other works include ''Copyright’s Highway: From Gutenberg to the Celestial Jukebox'', a widely acclaimed book on the history and future of copyright, and ''Intellectual Property: The Tough New Realities That Could Make or Break Your Business''. Goldstein has been regularly included in ''Best Lawyers in America''. He has served as chairman of the United States Office of Technology Assess ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Leading Legal Cases In Copyright Law
The following is a list of cases that deal with issues of concern to copyright in various jurisdictions. Some of these cases are leading English cases as the law of copyright in various Commonwealth jurisdictions developed out of English law while these countries were colonies of the British Empire. Other cases provide background in areas of copyright law that may be of interest for the legal reasoning or the conclusions they reach. Australia *'' Victoria Park Racing & Recreation Grounds Co Ltd v Taylor'', idea-expression divide *'' Cuisenaire v Reed'', (a literary work cannot be infringed by a three-dimensional reproduction) *'' Pacific Film Laboratories v Commissioner of Tax'', considered negative rights - the power to prevent the making of a physical thing by copying. *'' Zeccola v Universal City Studios Inc'', there is no copyright in the idea of a theme or a story, but there may be a time where a combination of events and characters reaches sufficient complexity as to give r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
History Of Copyright
The history of copyright starts with early privileges and monopolies granted to printers of books. The British Statute of Anne 1710, full title "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned", was the first copyright statute. Initially copyright law only applied to the copying of books. Over time other uses such as translations and derivative works were made subject to copyright and copyright now covers a wide range of works, including maps, performances, paintings, photographs, sound recordings, motion pictures and computer programs. Today national copyright laws have been standardised to some extent through international and regional agreements such as the Berne Convention and the European copyright directives. Although there are consistencies among nations' copyright laws, each jurisdiction has separate and distinct laws and regulations about copyright. Some jurisdi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial righ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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