Gay v. Read, London (1729)

Source: The National Archives: c.33 351/305

Gay v. Read, London (1729), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer,

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Johem Gay ar quer Robtu Walker Jacobu Watson Jovis 12o Junij
Jacobu Read Tho Read Sam Aris Edru Simons Upon Mocion this day made unto the Court by Mr Lutwich & Mr
Johem Noon Daniel Midwinter Robtu Willock Tho Shirley being of the Plaintiffs Counsel It was alleged that the Plaintiff being the Sole Author
Worrall Tho Woodward Jacobu Crokat Edmd Curll & proprietor of of [sic] a play entitled Polly an Oppera being the 2d parte
Hen. Curll Josephu Pole Fransu Jeffryes Henric of the Beggars Oppera did cause the said Book to be printed at
Witteridge & Anna Dod vid Defendants his own Expence in 4to for his own benefit as expressed on the
title page of the said Book and on or about the 3d day of April last the Plaintiff did cause the title to the Copy of the said Book to be
Entred in the Register Book of the Company of Stacioners according to the Statute in that case made & provided & afterwards
published the same That the Plaintiff hath not sold or contracted with any person or persons whatsoever to sell the property of the
said Book or any share therein notwithstanding which the Defendants after the said Book was published as aforesaid did
print reprint or publish or sell or cause to be printed reprinted published or sold contrary to the intent
of the said Act of Parliament the said Book of other Editions in 8vo without the Plaintiffs Consent whereby the Plaintiff hath
been greatly damnified in the sale of the Edition of the said Booke so by him printed & published as aforesaid
all which by Affidavits appeared and to be relieved in the mres aforesaid the Plaintiff hath exhibited his bill in this Court as by
certificat likewise appears and therefore it was prayed that an Injuncion may be awarded against the said Defendants to stay them &
every of them their Agents Servants & workmen from printing reprinted selling or publishing of the said Book
Intitled Polly an Oppera in any other Edition than what is the Plaintiffs own untill the said Defendants shal answer the
Plaintiffs bill & this Court take other order to the contrary which upon reading an Affidavit of the said Plaintiff an Affidavit of
Thomas Trout & others & the Affidavit of Wm Coles is ordered accordingly.


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