The British Press; or, Morning Literary Advertiser.
London, England, 1811-02-19 00:00:00

IMPERIAL PARLIAMENT.
HOUSE OF LORDS, %I *, rEE It.

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CADELL AND
so
N AND CREECH • ROBERT-

I'dfili was an appeal against the Cou rt of Session in
Scotland. respecting the Copyrig.it of Authors.
Two' of the App..llsists, Cede!! and DAVIee, are
booksellers in Londou; and the other, Mr. Creech,
is a bmkseller in Elniburgh; and the Reepoudent,
Robertson, is a printer, also in the la.t.iireutioned
•
-city.
Mr. Adam and Sir Sanmel Komilly appeared at
the Bar as Counsel for the Appellants. Mr. Adam
stated the groopds upon which this appeal was
brought. rod the eircumstencee upon which the
Court of St:bebop had formed their decision. He
contended, that the Judges in Scotland hid put u
construction upon the Statute of ercen Anne, ta-
utly at variance with that which ad ever guided
the decisiou of the Courts of Chancery and the
kiiii'li Bench in England. The Court iu Scotland
bad takeo moths cousidelation of this case chiefly
on the question, whether or nor the Statute protected
• book not entered at Stationers' Hall. It was of
the utmost importance to the encouragement of
learning, and consequeirtly interesting to the wel-
fare of these kingdoms and the v:orld at large, that
the copyright of literary works should be preserved
inviolate as the property of entbors. The circlitn-
.stances of this rase were connected with the name
of Robert Burns, a men whose genius us a port,
mid whose seutiments, must preserve his memory
irlimortul, at the same tune the y would ever shed
}Amour over the country in which he was born.—
About the year 1786, Burns published the first
edition of his illustrious Prams, at Kiliuninock ;
add in 1787, he published another, which he con-
tryed to Creech ; and iu 1793, there being required
irotle.r edition, the work, with additional pieces,
as sold at that period to Mr. Creech, who
terwards conveyed to the other Appellants their
fight in the publication. In 1796 Burns died,
sod on account of the circumstances of his family,
• very eminent men in the literary world, whom
their Lord.hips must have heard of (Dr. Currie of
Liverpoo4;uudertook to be the editor of a new edi-
/Bea, with a considerable addition of origiu .I pieces;
sod this edition, though the other grants were un-
espired, was, by the Eeecutors. conveyed to the
Appellants. The Rwipoodent, two year. after
the publication of Dr. Curre's edition. published
• book in Elinbargh, Minted it Poems, chiefly
In the Scottish Dialect, by Robert Burns." This
book contained many of the poems from the edie
ton of 1793, and from that of Dr. Currie's in
1800. In consequence of this piracy, the Appel-
lants applied to the Court of Sorsion for an liter-
diet, by Bill of Suspension, and commenced an ac-
tion there for .1001. d mules. After various argu-
ments, but chiefly that upon the Act requiring
the Look to be entered in Stafioners Hall, io order
to preserve the copy-right, the Court sustained the
defence of the Rampnudunt. The Act of Quires
Anne. in ide to preserve literary proper v, was cer-
tainly intended to extend to both countries
without distinction. and therefore the construe.
'lion might is Setalliikti to be the same as that
whit h was unirers illy odopted in Eiteland ; seal it
was inure to liner Aill the iielit its these CaPe!,. I:110
to recover lost p;olits. that the present appeal was
bemeht.
Tne Loan CR4NCIILLOII inquired if the Court
had not taken other circumstances into their eousi-
deration besides the construction of the Statute.
Mr. ALMS sat I. the cuceeruction of the Statute
was the principle upon which the decision had
been made in the Court of *salie
The Loon Citaucettos observed, the right to
literary property under that Statute wis evident.
withont bring entered, aud the Le...tied Coon., I
(Sir &enact Roinilly) must recollect the gnarly
injunctions which lie had granted from the Cowl
cf Chancery.
Sir SAlle et. Rout i.tv said, a ddrerent enostroe-
tion of the Act h.9d, he believed. produced tne de-
to-titillation of the Court IN trio.
There was no Counsel for the Respondent.
The Loan CilsacCt.LOß said, the earliest iiiil4.
ment. under these eircuiustatiwes, mould he ;;turn
for the Appellants ; ant tomorrow he should floret
so Interdict agaiust the pubitemisio of the Re-
spondent.