The Statute of Anne was passed in 1710, as the United Kingdom's first copyright statute.[3] Under the statute, authors (and their publishers) had the sole authority to reproduce and sell their works for a period of 14 years. The term could be renewed if the author was still alive.[3] Thomas Stackhouse, an English theologian, wrote New History of the Holy Bible in 1738. His copyright, therefore, had expired in 1752.[4]
A London bookseller, John Hinton printed and profitably sold the second edition of the book, although the statutory copyright term had expired.[2][5] Scottish bookseller, Alexander Donaldson, John Wood, and James Meurose were printing a different edition of Stackhouse's book.[5] Hinton sued the three booksellers before the Court of Session, arguing that he had acquired a common law right of copyright, although the statutory term had ended.[2] He claimed that because he had acquired the copyright from Stackhouse through a conveyance, he had a perpetual property right.[6]
James Boswell, who was a friend of Donaldson, represented the defender-booksellers.[7][8]
