Donaldson v. Becket

Today, February 22, is the 225th anniversary of the decision by the English House of Lords in Donaldson v. Becket, 17 Parl. Hist. Eng. 953 (1774) in which the lords, by twenty-two votes to eleven, dissolved an injunction against Alexander Donaldson, thereby laying down the law that copyright in published works was not perpetual, but was limited to the term provided by statute. When news of the lords' decision reached Edinburgh there was "great rejoicing .... upon victory over literary property: bonfires and illuminations, ordered though by a mob, with drum and two pipes."

In our days, when the public domain's cultured despisers hold the public domain up to ridicule and contempt, I find it consoling and inspiring to remember freedom's past victories. Even in the present dark hour, it gives me hope that truth and freedom may yet prevail.

The lords might have made their decision some years earlier than they did. Arguments for perpetual copyright were made in the case of Midwinter v. Kincaid, 1 Paton's Appeals 488 (1751). At the very end of the report of this case occurs the following note: "Lord Elchies says, that 'it was written from London that it was the opinion of the House, (or seemed to be,) that a suit, if properly brought, lies for pofits within the term granted by the statute, but not after that term.'" But the case was dismissed on technical grounds and, so far as I know, was never re-filed.

The order in the Donaldson case reads as follows:

     February 22 ... Ordered, That the Decree be 
     reversed without costs of suit.

     List of those noblemen who divided on the
     above question for reversing the Decree:  
     dukes of Roxburgh, Bolton; earls of Denbigh,
     Gower, Sandwich, Spencer, Radnor, Jersey,
     Northington, Oxford, Abercorn, Loudon, 
     Roseberry; viscounts Say and Sele, Weymouth,
     Falmouth; lords Camden, Ravensworth, 
     Montague; bishops of St. Asaph, Litchfield
     and Coventry.--For confirming the decree:
     dukes of NOrthumberland, Portland; marquis of
     Rockingham; earls of Carlisle, Fitswilliam;
     viscounts Dudley, Torrington; lords Bruce,
     Lyttelton; archbishop of Canturbury; bishop
     of Chester.

Tim Phillips
<hrothgar[_at_]telepath.com> Received on Mon Feb 22 1999 - 23:58:31 GMT