Keywords

copyright law, House of Lords, Donaldson v. Beckett, The Seasons

Abstract

The U.S. Supreme Court in Eldred v. Ashcroft gave First Amendment importance to the topic of copyright history. In measuring whether Congress has altered the “traditional contours” of copyright such that First Amendment scrutiny must be applied, federal courts—including the Supreme Court in its 2011 Term case Golan v. Holder—must carefully examine the intertwined history of copyright and freedom of the press. The famous but misunderstood case of Donaldson v. Beckett in the British House of Lords in 1774 is an important piece of this history. In Donaldson, several lawyers, litigants, judges, and lords recognized the danger posed by copyright to untrammeled public communication. Eighteenth-century newspaper accounts shed new light on the free press implications of this important period in copyright law history.

Original Publication Citation

Edward L. Carter February 1, 2012 JIPEL Vol. 1 - No. 1

Document Type

Peer-Reviewed Article

Publication Date

2012

Permanent URL

http://hdl.lib.byu.edu/1877/7606

Publisher

NYU Journal of Intellectual Property and Entertainment Law

Language

English

College

Fine Arts and Communications

Department

Communications

University Standing at Time of Publication

Associate Professor

Included in

Communication Commons

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