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the Act
The Statute of Anne, an Act passed by the UK Parliament
during the reign of Queen Anne, is often characterised
as the foundation of copyright law in Australia, New Zealand,
Canada and the UK.
This page provides the text of the enactment, supplementing
discussion elsewhere on this
site regarding the early history and development of copyright.
The following pages highlight some early cases and studies.
text
An Act for the Encouragement of Learning, by Vesting the
Copies of Printed Books in the Authors or Purchasers of
such Copies, during the Times therein mentioned.
Whereas printers, booksellers, and other persons, have
of late frequently taken the liberty of printing, reprinting,
and publishing, or causing to be printed, reprinted, and
published books, and other writings, without the consent
of the authors or proprietors of such books and writings,
to their very great detriment, and too often to the Ruin
of them and their families: for preventing therefore such
practices for the future, and for the encouragement of
learned men to compose and write useful books; May it
please Your Majesty, that it may be enacted, and be it
enacted by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and
Temporal, and Commons in this present Parliament assembled,
and by the Authority of the same,
That from and after the Tenth Day of April, One thousand
seven hundred and ten, the author of any book or books
already printed, who hath not transferred to any other
the copy or copies of such book or books, share or shares
thereof, or the bookseller or booksellers, printer or
printers, or other person or persons, who hath or have
purchased or acquired the copy or copies of any book or
books, in order to print or reprint the same, shall have
the sole right and liberty of printing such book and books
for the term of One and twenty Years, to commence from
the said Tenth Day of April, and no longer;
And that the author of any book or books already composed
and not printed and published, or that shall hereafter
be composed, and his assignee, or assigns, shall have
the sole liberty of printing and reprinting such book
and books for the term of fourteen years, to commence
from the day of the first publishing the same, and no
longer;
And that if any other bookseller, printer, or other person
whatsoever, from and after the Tenth Day of April, One
thousand seven hundred and ten, within the times granted
and limited by this Act, as aforesaid, shall print, reprint,
or import, or cause to be printed, reprinted, or imported
any such book or books, without the consent of the proprietor
or proprietors thereof first had and obtained in writing,
signed in the presence of two or more credible witnesses;
or knowing the same to be so printed or reprinted, without
the consent of the proprietors, shall sell, publish, or
expose to sale, or cause to be sold, published, or exposed
to sale, any such book or books, without such consent
first had and obtained, as aforesaid, Then such offender
or offenders shall forfeit such book or books, and all
and every sheet or sheets, being part of such book or
books, to the proprietor or proprietors of the copy thereof,
who shall forthwith damask and make waste-paper of them:
And further, That every such offender or offenders, shall
forfeit One Penny for every sheet which shall be found
in his, her, or their custody, either printed or printing,
published or exposed to sale, contrary to the true intent
and meaning of this Act, the one moiety thereof to the
Queen's most Excellent Majesty, Her Heirs and Successors,
and the other moiety thereof to any person or persons
that shall Sue for the same, to be recovered in any of
Her Majesty's Courts of Record at Westminster, by action
of debt, bill, plaint, or information, in which no wager
of law, essoign, privilege, or protection, or more than
one imparlance, shall be allowed.
And
whereas many persons may through ignorance offend against
this Act, unless some provision be made whereby the property
in every such book, as is intended by this Act to be secured
to the proprietor or proprietors thereof, may be ascertained,
as likewise the consent of such proprietor or proprietors
for the printing or reprinting of such book or books may
from time to time be known; Be it therefore further enacted
by the Authority aforesaid, that nothing in this Act contained
shall be construed to extend to subject any bookseller,
printer, or other person whatsoever, to the forfeitures
or penalties therein mentioned, for or by reason of the
printing or reprinting of any book or books without such
consent, as aforesaid, unless the title to the copy of
such book or books hereafter published shall, before such
publication be entered, in the Register-book of the Company
of Stationers, in such manner as hath been usual, which
Register-book shall at all times be kept at the Hall of
the said Company, and unless such consent of the proprietor
or proprietors be in like manner entered, as aforesaid,
for every of which several entries, Six Pence shall be
paid, and no more; which said Register-Book may, at all
reasonable and Convenient times, be resorted to, and Inspected
by any bookseller, printer, or other person, for the purposes
before mentioned, without any Fee or reward; and the Clerk
of the said Company of Stationers, shall, when and as
often as thereunto required, give a certificate under
his hand of such entry or entries, and for every such
certificate, may take a fee not exceeding Six Pence.
Provided nevertheless, That if the Clerk of the said Company
of Stationers, for the time being shall Refuse or Neglect
to Register, or make such Entry or Entries, or to give
such Certificate, being thereunto Required by the Author
or Proprietor of such Copy or Copies, in the Presence
of Two or more Credible Witnesses, That then such Person
and Persons so refusing, Notice being first duly given
of such Refusal, by an Advertisement in the Gazette, shall
have the like Benefit, as if such Entry or Entries, Certificate
or Certificates had been duly made and given; and that
the Clerks so refusing, shall, for any such Offence, Forfeit
to the Proprietor of such Copy or Copies the Sum of Twenty
Pounds, to be Recovered in any of Her Majesty's Courts
of Record at Westminster, by Action of Debt, Bill, Plaint,
or Information, in which no Wager of Law, Essoign, Privilege
or Protection, or more than one Imparlance shall be allowed.
Provided nevertheless, and it is hereby further enacted
by the authority aforesaid, that if any bookseller or
booksellers, printer or printers, shall, after the said
Five and twentieth Day of March, One thousand seven hundred
and ten, set a price upon, or sell or expose to sale,
any book or books at such a price or rate as shall be
Conceived by any person or persons to be High and Unreasonable;
It shall and may be Lawful for any person or persons to
make Complaint thereof to the Lord Archbishop of Canterbury
for the time being; the Lord Chancellor, or Lord Keeper
of the Great Seal of Great Britain for the time being;
the Lord Bishop of London for the time being; the Lord
Chief Justice of the Court of Queen's Bench, the Lord
Chief Justice of the Court of Common Pleas, the Lord Chief
Baron of the Court of Exchequer, for the time being; the
Vice-Chancellors of the Two Universities for the time
being, in that part of Great Britain called England; the
Lord President of the Sessions for the time being; the
Lord Justice General for the time being; the Lord Chief
Baron of the Exchequer for the time being; the Rector
of the College of Edinburgh for the time being, in that
part of Great Britain called Scotland; who, or any one
of them, shall and have hereby full power and authority
from time to time, to send for, summon, or call before
him or them such bookseller or booksellers, printer or
printers, and to examine and enquire of the reason of
the dearness and inhauncement of the price or value of
such book or books by him or them so sold or exposed to
sale; and if upon such enquiry and examination it shall
be found, that the price of such book or books is inhaunced,
or any wise too high or unreasonable, Then and in such
case, the said Archbishop of Canterbury, Lord Chancellor
or Lord Keeper, Bishop of London, two Chief Justices,
Chief Baron, Vice-Chancellors of the Universities, in
that part of Great Britain called England, and the said
Lord President of the Sessions, Lord Justice General,
Lord Chief Baron, and Rector of the College of Edinburgh,
in that part of Great Britain called Scotland, or any
one or more of them, so enquiring and examining, have
hereby full power and authority to reform and redress
the same, and to limit and settle the price of every such
printed book and books, from time to time, according to
the best of their judgements, and as to them shall seem
just and reasonable; and in case of alteration of the
rate or price from what was set or demanded by such bookseller
or booksellers, printer or printers, to award and order
such bookseller and booksellers, printer and printers,
to pay all the costs and charges that the person or persons
so complaining shall be put unto, by reason of such complaint,
and of the causing such rate or price to be so limited
and settled; all which shall be done by the said Archbishop
of Canterbury, Lord Chancellor, or Lord Keeper, Bishop
of London, two Chief Justices, Chief Baron, Vice Chancellors
of the Two Universities, in that part of Great Britain
called England, and the said Lord President of the Sessions,
Lord Justice General, Lord Chief Baron, and Rector of
the College of Edinburgh, in that part of Great Britain
called Scotland, or any one of them, by writing under
their hands and seals, and thereof public notice shall
be forthwith given by the said bookseller or booksellers,
printer or printers, by an advertisement in the Gazette;
and if any bookseller or booksellers, printer or printers,
shall, after such settlement made of the said rate and
price, sell, or expose to sale any book or books, at a
higher or greater price than what shall have been so Limited
and settled, as aforesaid, then and in every such case
such bookseller and booksellers, printer and printers,
shall forfeit the sum of Five Pounds for every such book
so by him, her, or them sold or exposed to sale; one moiety
thereof to the Queen's most Excellent Majesty, Her Heirs
and Successors, and the other moiety to any person or
persons that shall sue for the same, to be recovered,
with costs of muit, in any of Her Majesty's Courts of
Record at Westminster, by action of debt, bill, plaint
or information, in which no wager of law, essoign, privilege
or protection, or more than one imparlance, shall be allowed.
Provided always, and it is hereby enacted, That nine copies
of each book or books, upon the best paper, that from
and after the said Tenth Day of April, One thousand seven
hundred and ten, shall be printed and published, as aforesaid,
or reprinted and published with additions, shall, by the
printer and printers thereof, be delivered to the warehouse-keeper
of the said Company of Stationers for the time being,
at the Hall of the said Company, before such publication
made, for the use of the Royal Library, the Libraries
of the Universities of Oxford and Cambridge, the Libraries
of the Four Universities in Scotland, the Library of Sion
College in London, and the Library commonly called the
Library belonging to the Faculty of Advocates at Edinburgh
respectively; which said warehouse-keeper, is hereby required,
within Ten Days after Demand by the Keepers of the respective
Libraries, or any person or persons by them or any of
them authorised to demand the said copy, to deliver the
same, for the use of the aforesaid Libraries; and if any
proprietor, bookseller or printer, or the said warehouse-keeper
of the said Company of Stationers, shall not observe the
direction of this Act therein, that then he and they,
so making default in not delivering the said printed copies,
as aforesaid, shall forfeit, besides the value of the
said printed copies, the sum of Five Pounds for every
copy not so delivered, as also the value of the said printed
copy not so delivered, the same to be recovered by the
Queen's Majesty, Her Heirs and Successors, and by the
Chancellor, Masters, and Scholars of any of the said universities,
and by the President and Fellows of Sion College, and
the said Faculty of Advocates at Edinburgh, with their
full costs respectively.
Provided always, and be it further enacted, that if any
person or persons incur the penalties contained in this
Act, in that part of Great Britain called Scotland, they
shall be recoverable by any action before the Court of
Session there.
Provided, That nothing in this Act contained do extend,
or shall be construed to extend, to prohibit the importation,
vending, or selling of any books in Greek, Latin, or any
other foreign language printed beyond the Seas; any thing
in this Act contained to the contrary notwithstanding.
And be it further Enacted by the authority aforesaid,
that if any action or suit shall be commenced or brought
against any person or persons whatsoever, for doing or
causing to be done any thing in pursuance of this Act,
the defendants in such action may plead the general issue,
and give the special matter in evidence; and if upon such
Action a verdict be given for the Defendant, or the plaintiff
become Nonsuited, or Discontinue his action, then the
defendant shall have and recover his full costs, for which
he shall have the same Remedy as a defendant in any case
by Law hath.
Provided, That nothing in this Act contained shall extend,
or be construed to extend, either to prejudice or confirm
any right that the said universities, or any of them,
or any person or persons have, or claim to have, to the
printing or reprinting any book or copy already printed,
or hereafter to be printed.
Provided nevertheless, that all actions, suits, bills,
indictments, or informations for any offence that shall
be committed against this Act, shall be brought, sued,
and commenced within three months next after such offence
committed, or else the same shall be void and of none
effect.
Provided always, that after the expiration of the said
term of fourteen years, the sole right of printing or
disposing of copies shall return to the authors thereof,
if they are then living, for another term of fourteen
years.
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