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Baller v. Watson: Entry from the Court's Book of Orders, London (1737)
Source: The National Archives: c.33 369/315
Citation:
Baller v. Watson: Entry from the Court's Book of Orders, London (1737), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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No Translation available.
own Expence for his Sole use & benefitt by John Wright That by an Act of Parliament made in the 8th Year of
the Reign of her late Majesty Queen Anne the right of books published after that Year was Vested in the
Authors of them That the sole right to the said Book and of printing and publishing the same was in the said
Gay and that he never sold or Disposed thereof That the said Gay for establishing his right before the said book
was published caused the Title to the Copy to be Entered in the Register book of the Stationers Company & that
he was sole author and proprietor thereof according to the said Statute and in the ususal Manner &
Caused before Publication thereof Nine Copyes to be left at the hall of the said Company for the purposes in the said
Statute mencioned That the Defendants had Caused to be printed published & sold great Numbers of the said Books
or Copyes not printed for the said Gay or by the said Wright and had printed three Editions of the said Book
and one of them in the Title Page was mencioned to be printed by T Thompson another by T Read
and the other by Jeffry Walker without the Consent of the said Gay whereby the sale of the said Book so published
by the said Gay and printed by the said Wright was intirely stopped. That the said Gay having in all respects
Conformed to the said Act of Parliament as aforesaid he waived the ^benefit of^ penaltys thereby given That the Defendents
suppress the sale of the said Book printed for the said Gay of which the price with the Musick was formerly
3s and afterwards 2s.6d each Caused the said book of other Editions which were printed in prejudice of
said Gay to be sold for 2s one shilling and Six pence and one shilling each some with Musick & others
without and threatned they would print other Editions That the Defendents had great Numbers of Copyes
printed for themselves in their Custody which they Intended to sell That the Defendant Watson about the 15th
of April 1729 Caused an Advertizement to be published that there was just published in Octavo
a Correct Edition of the said Book printed by T Thompson and that the same was as Correct as the
boasted 4to Edition That the said Defendant Watson or some person on his behalfe was the printer or
Publisher of the same Octavo Edition That the Defendant Walker about the 18th and 21st of the same April
caused advertizements to be printed That there was an edition of the said book in Octavo written by the
said Gay and printed for the said Defendant Walker and in the said Advertizement of the 21st of April remarked
That the said Edition was sold the then last Week for one shilling & six pence but the said Gay the Author
of the 4to Edition having fallen his price the proprietors of the said Octavo Edition thought fitt
to fall his price to one Shilling That the said Defendant notwithstanding they had full knowledge
of the right of the said Gay to the said book they sold and published many books of the said Octavo Edition
Therefore That the Defendants might Answer the premises and might come to an account with the said
Gay for such of the said books as were Sold by them and for an Injuncion to stay the printing
publishing and Vending of any Copyes of the said Book other than the said Gays Editions
and to be releived in the premises was the Scope of the said Bill to which Bill the Defendants put in
their answers but before any further proceedings were had the said John Gay dyed where by the
said Suite abated That he dying Intestate administracion of his Personal Estate was granted to the Plaintiff
Catherine Baller and one Joannas Fortescue (since dead) who Exhibited their Bill of [something]
in this Court against the Defendants and the said proceedings by an Order of the 31st of May 1733 Stands duly revived
Therefore That the said preoceedings may stand revived and to be releived in the proceeds is the Scope of the
Plaintiffs Bill ^of [something]^ Whereto the Counsel for the Defendant James Watson alleges That the said Defendant by his Answer to the
said Original Bill sayd that the said Gay did Compose and write the book in the said Bill mencioned & that
he was Sole Author & Proprietor thereof and had Caused the said Book to be printed & published
for his Sole benefitt and that he the Defendant had full Notice of the said Gays right thereto & that Defendant did
print part of two Editions thereof in Octavo with the Musick mencioned in the said Bill to
be printed by T Thomson and that the name T Thomson was only made use of by him the
Defendant tho the same was not printed by any such person That Samual Aris (since deceased) did
print the other part of the said two Editions and the Number of the first Impression was 2000
Copyes and the second 1000 Copyes which were printed at the Joint Expence of him the Defendant &
the Defendant Astley without the Consent of the said Gay or Wright That the same were not printed
for the benefit of the Author That he the Defendant and the Defendant Astley published & optioned to sale
all the said Edition and that he the said Defendant Sold his Share to Booksellers at 5li Per hundred &
had sold the whole except 30 Copyes in his Custody & That the profitt he made did not
Source: The National Archives: c.33 369/315
Citation:
Baller v. Watson: Entry from the Court's Book of Orders, London (1737), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | Commentaries: [1]
Translation only | Transcription only | Show all | Bundled images as pdf
No Translation available.
own Expence for his Sole use & benefitt by John Wright That by an Act of Parliament made in the 8th Year of
the Reign of her late Majesty Queen Anne the right of books published after that Year was Vested in the
Authors of them That the sole right to the said Book and of printing and publishing the same was in the said
Gay and that he never sold or Disposed thereof That the said Gay for establishing his right before the said book
was published caused the Title to the Copy to be Entered in the Register book of the Stationers Company & that
he was sole author and proprietor thereof according to the said Statute and in the ususal Manner &
Caused before Publication thereof Nine Copyes to be left at the hall of the said Company for the purposes in the said
Statute mencioned That the Defendants had Caused to be printed published & sold great Numbers of the said Books
or Copyes not printed for the said Gay or by the said Wright and had printed three Editions of the said Book
and one of them in the Title Page was mencioned to be printed by T Thompson another by T Read
and the other by Jeffry Walker without the Consent of the said Gay whereby the sale of the said Book so published
by the said Gay and printed by the said Wright was intirely stopped. That the said Gay having in all respects
Conformed to the said Act of Parliament as aforesaid he waived the ^benefit of^ penaltys thereby given That the Defendents
suppress the sale of the said Book printed for the said Gay of which the price with the Musick was formerly
3s and afterwards 2s.6d each Caused the said book of other Editions which were printed in prejudice of
said Gay to be sold for 2s one shilling and Six pence and one shilling each some with Musick & others
without and threatned they would print other Editions That the Defendents had great Numbers of Copyes
printed for themselves in their Custody which they Intended to sell That the Defendant Watson about the 15th
of April 1729 Caused an Advertizement to be published that there was just published in Octavo
a Correct Edition of the said Book printed by T Thompson and that the same was as Correct as the
boasted 4to Edition That the said Defendant Watson or some person on his behalfe was the printer or
Publisher of the same Octavo Edition That the Defendant Walker about the 18th and 21st of the same April
caused advertizements to be printed That there was an edition of the said book in Octavo written by the
said Gay and printed for the said Defendant Walker and in the said Advertizement of the 21st of April remarked
That the said Edition was sold the then last Week for one shilling & six pence but the said Gay the Author
of the 4to Edition having fallen his price the proprietors of the said Octavo Edition thought fitt
to fall his price to one Shilling That the said Defendant notwithstanding they had full knowledge
of the right of the said Gay to the said book they sold and published many books of the said Octavo Edition
Therefore That the Defendants might Answer the premises and might come to an account with the said
Gay for such of the said books as were Sold by them and for an Injuncion to stay the printing
publishing and Vending of any Copyes of the said Book other than the said Gays Editions
and to be releived in the premises was the Scope of the said Bill to which Bill the Defendants put in
their answers but before any further proceedings were had the said John Gay dyed where by the
said Suite abated That he dying Intestate administracion of his Personal Estate was granted to the Plaintiff
Catherine Baller and one Joannas Fortescue (since dead) who Exhibited their Bill of [something]
in this Court against the Defendants and the said proceedings by an Order of the 31st of May 1733 Stands duly revived
Therefore That the said preoceedings may stand revived and to be releived in the proceeds is the Scope of the
Plaintiffs Bill ^of [something]^ Whereto the Counsel for the Defendant James Watson alleges That the said Defendant by his Answer to the
said Original Bill sayd that the said Gay did Compose and write the book in the said Bill mencioned & that
he was Sole Author & Proprietor thereof and had Caused the said Book to be printed & published
for his Sole benefitt and that he the Defendant had full Notice of the said Gays right thereto & that Defendant did
print part of two Editions thereof in Octavo with the Musick mencioned in the said Bill to
be printed by T Thomson and that the name T Thomson was only made use of by him the
Defendant tho the same was not printed by any such person That Samual Aris (since deceased) did
print the other part of the said two Editions and the Number of the first Impression was 2000
Copyes and the second 1000 Copyes which were printed at the Joint Expence of him the Defendant &
the Defendant Astley without the Consent of the said Gay or Wright That the same were not printed
for the benefit of the Author That he the Defendant and the Defendant Astley published & optioned to sale
all the said Edition and that he the said Defendant Sold his Share to Booksellers at 5li Per hundred &
had sold the whole except 30 Copyes in his Custody & That the profitt he made did not