PRIMARY SOURCES

ON COPYRIGHT

(1450-1900)

Gyles v. Wilcox (Atkyn's Reports), London (1741)

Source: Lincolns Inn Library: Atkyns, J.T., Chancery Reports, 3 Vols. (London: E. and R. Brooke, 1794), 2: 141

Citation:
Gyles v. Wilcox (Atkyn's Reports), London (1741), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

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Record-ID: uk_1741

Permanent link: https://copyrighthistory.org/cam/tools/request/showRecord.php?id=record_uk_1741

Full title:
Gyles v. Wilcox, Barrow, and Nutt (1741) 2 Atk. 141

Full title original language:
N/A

Abstract:
The commentary describes the background to the case, in particular the nature of periodical publication throughout the eighteenth century, the rise of the magazine format in the 1730s, as well as relevant case-law both prior to, and following, the decision. The commentary suggests that while the decision in Gyles can be understood as one guided by public interest arguments similar to those informing the rationale behind the Statute of Anne (that is, the encouragement of learning and production of useful books), it can equally be regarded as one in which the court, in effect, expanded the rights of the copyright owner beyond the protections provided by the legislation.

1 Commentary:
commentary_uk_1741

Bibliography:
  • Vaver, D., 'Abridgments and Abstracts: Copyright Implications', European Intellectual Property Review, 17 (1995): 225-235

  • Italia, I., The Rise of Literary Journalism in the Eighteenth Century: Anxious Employment (London & New York: Routledge, 2005)

  • Burrell, R., and Coleman, A., Copyright Exceptions: The Digital Impact (Cambridge: Cambridge University Press, 2005)


Related documents in this database:
1741: Gyles v. Wilcox (Barnardiston's Report)

Author: N/A

Publisher: N/A

Year: 1741

Location: London

Language: English

Source: Lincolns Inn Library: Atkyns, J.T., Chancery Reports, 3 Vols. (London: E. and R. Brooke, 1794), 2: 141

Persons referred to:
Bancks, John
Gyles, Fletcher
Hale, Sir Matthew
Hodges, James
Peter I, the Great
Read, Thomas
Yorke, Philip, 1st Earl of Hardwicke

Places referred to:
N/A

Cases referred to:
Read v. Hodges (1740) NA, c.11 538/36

Institutions referred to:
House of Lords

Legislation:
Statute of Anne, 1710, 8 Anne, c.19

Keywords:
abridgements
anthologies
fair use
learning, the advancement of
property theory, authors' property
scholarly writing

Responsible editor: Ronan Deazley


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