Motte V Faulkner - Influence

Influence

In legal terms, the report of Motte v Faulkner of 28 November 1735 is no longer in existence, but was cited in a later legal decisions on copyright issues, such as Miller v Taylor of 1769 which read: "In the case of Motte vs Falkner, 28 November, 1735 an injunction was granted for printing Pope's and Swift's Miscellanies. Many of these pieces were published in 1701, 1702, 1708; and the counsel strongly pressed the objection, as to these pieces. Lord Talbot continued the injunction, as to the whole: and it was acquiesced under. Yet Falknor, the Irish bookseller, was a man of substance; and the general point was of consequence to him: but he was not advised to litigate further."

The case Pope v Curll refers to the Irish/English aspects of publishing that came up in Motte v Faulkner. Curll claimed his reprinting of a work from a Dublin edition originally made by George Faulkner would, under the Statute of Anne, be lawfully reprinted in England. Lord Hardwicke ruled on the matter, 17 June 1741, that works first published in Ireland do not allow the publication of works in London if they invalidate the copyright.

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