PRIMARY SOURCES

ON COPYRIGHT

(1450-1900)

Pope v. Curl, London (1741)

Source: Lincolns Inn Library

Citation:
Pope v. Curl, London (1741), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

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Record-ID: uk_1741a

Permanent link: https://copyrighthistory.org/cam/tools/request/showRecord.php?id=record_uk_1741a

Full title:
Pope v. Curl (1741) 2 Atk. 342

Full title original language:
N/A

Abstract:
Decision of the Chancery Court concerning the unpublished correspondence of Alexander Pope, in which Lord Chancellor Hardwicke draws a distinction between the ownership of a letter, as a physical document, and the right to authorise the first publication of that letter, a right which he concludes remains with the author of the same. Drawing upon the Public Records Office Archives the commentary explores the background to, and substance of, the decision, the nature and significance of epistolary correspondence in eighteenth century society, and subsequent related commentary and case-law. The commentary argues that the decision is of particular significance in the development of the concept of the author's text as intangible property.

1 Commentary:
commentary_uk_1741a

Bibliography:
  • Rose, M., 'The Author in Court: Pope v. Curll (1741)', Cardozo Art & Ent. L.J., 10 (1991-92): 475-493

  • Nichol, D.W., Pope's Literary Legacy: The Book-Trade Correspondence of William Warburton and John Knapton with other letters and documents, 1744-1780 (Oxford: The Oxford Bibliographical Society, 1992)

  • Mack, M., Alexander Pope: A Life (New York & London: Norton & Co, 1985)


Related documents in this database:
1741: Pope's Bill of Complaint, and Curl's Answer
1741: Pope v Curl: Entry from the Court's Book of Orders

Author: N/A

Publisher: N/A

Year: 1741

Location: London

Language: English

Source: Lincolns Inn Library

Persons referred to:
Anne
Curl, Edmund
Pope, Alexander
Swift, Jonathan
Yorke, Philip, 1st Earl of Hardwicke

Places referred to:
Ireland

Cases referred to:
Gyles v. Wilcox (1741) 2 Atk. 141
Pope v. Curl (1741) 2 Atk. 342

Institutions referred to:
Court of Chancery

Legislation:
N/A

Keywords:
authorship, legal concept of
idea/expression
letters
manuscript
moral rights, divulgation (first publication)
property theory
unpublished works

Responsible editor: Ronan Deazley


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