Donaldson v Becket
Donaldson v Becket (1774) 2 Brown's Parl. Cases (2d ed.) 129, 1 Eng. Rep. 837; 4 Burr. 2408, 98 Eng. Rep. 257; 17 Cobbett's Parl. Hist. 953 is the ruling by the British House of Lords that held that copyright in published works was not perpetual but was subject to statutory limits. Some scholars disagree on the reasoning behind the decision.
Name[edit]
The spelling of the chief respondent in the case, Thomas Becket, sometimes appears as Beckett. For those looking to choose one spelling over the other, it would be more correct to use Becket. Firstly, Becket overwhelmingly spelled his surname t, not tt.[1] Secondly, many of the original contemporaneous records in the case also spelled his surname Becket. Those records include the original proceedings of the dispute in the Court of Chancery. Additionally, the manuscript records of the appeal in the House of Lords, including the manuscript minutes and manuscript journal of the House of Lords, caption the case using the spelling Becket, but sometimes in the text of the proceedings used the spelling Beckett. The earliest reports of the case, those prepared by James Burrow in 1776[2] and Josiah Brown (1st edition) in 1783,[3] also spelled his surname Becket. The "Beckett" variation seems to have gained ground from a decision made in 1803 by T. E. Tomlins, the editor of the second edition of Brown's report of the case,[4] to change the spelling to Beckett in the caption and then to a decision made by the clerk of the journals in the House of Lords, when the House printed its manuscript journal in around 1806, to do the same.
Proceedings[edit]
Argument[edit]
Counsel was heard on 4, 7–9 February.
Seven months previously, in the case of Hinton v Donaldson,[5] the Scots Court of Session had ruled that copyright did not exist in the common law of Scotland, so that Alexander Donaldson (an appellant in Donaldson v. Becket with his elder brother, John) could lawfully publish Thomas Stackhouse's New History of the Holy Bible. Attorney General Thurlow, speaking for the appellants, referred to the Scottish case in his opening argument to the Lords on 4 February: