Hinton_v_Donaldson

Hinton v Donaldson

Hinton v Donaldson

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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.[1][2]: 111–122 

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.[3][4]

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.[5]

The case influenced the subsequent House of Lords ruling in Donaldson v Beckett (1774).[2]: 121 

References

  1. [1]
    Deazley, Ronan (2008). "Commentary on: Hinton v. Donaldson (1773)". www.copyrighthistory.org. Retrieved 23 February 2017.
  2. [2]
    Mitchell, Iain (2009). "Case law report - BACK TO THE FUTURE: Hinton v Donaldson, Wood and Meurose (Court of Session, Scotland, 28th July, 1773)". International Free and Open Source Software Law Review. 1 (2). doi:10.5033/ifosslr.v1i2.23.
  3. [3]
    Hugh M Milne, ed. (2001). Boswell's Edinburgh Journals 1767-1786. Mercat Press Ltd. p. 100. ISBN 1841830208.
  4. [4]
    "Lords Opinion concerning Literary Property". The Scots Magazine. January 1774. pp. 9–17. Retrieved 13 March 2017.
  5. [5]
    "John Hinton, Bookseller in London, v. Donaldson and Others, Booksellers in Scotland" (PDF). DECISIONS of the LORDS OF COUNCIL AND SESSION. BAILII. 1773. Retrieved 23 February 2017.


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