Date of Decision: 29 Feb 1804
Abstract: Andrew Bell, an engraver, included pages from James Clark's book in an encyclopedia without permission. James Clark claimed that he had the copyright to the information, but Bell argued that the statute of limitations had expired on the claim. The case had originally been heard by a Lord Ordinary who had required Bell to return the pages to Clark. However, Bell appealed the statute of limitations issue to the higher court, which agreed with him that it was possible Clark's claim to the material had expired. As a result, the case was remanded to the Lord Ordinary to reconsider the penalty he had imposed requiring Bell to return the pages to Clark. Note: Clark is indexed as "Clerk" in the digest.
Subjects: Literary Property, Copyright, Literary Property, Statute of limitations

Published Report

William Morison, The Decisions of the Court of Session (1811), Literary Property Appendix page 8

Litigants

Pursuer:
Andrew Bell
Defender:
James Clark

People or Organizations Associated with Case

Agent:
J. Macfarquhar , W.S.
John Gray
Clerk:
M. Clk.
P. Clerk
Colin Macfarquhar , printed encyclopedias with Bell, but died before the case

Organizations