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.[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. Deazley, Ronan (2008). "Commentary on: Hinton v. Donaldson (1773)". www.copyrighthistory.org. Retrieved 23 February 2017.
  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. Hugh M Milne, ed. (2001). Boswell's Edinburgh Journals 1767-1786. Mercat Press Ltd. p. 100. ISBN 1841830208.
  4. "Lords Opinion concerning Literary Property". The Scots Magazine. January 1774. pp. 9–17. Retrieved 13 March 2017.
  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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