Date of Decision: 1 Jun 1804
Abstract: Defender Thomas Stewart, a bookseller in Glasgow, released a book consisting of previously unpublished letters from the late poet Robert Burns to a lady named Clarinda, who consented to the letters’ publication. Booksellers Cadell and Davies in London and William Creech in Edinburgh owned the rights to all of Burns's compositions, and they petitioned the court for an interdict against Stewart's publication. The brother and children of Robert Burns appeared in court to support the petition. The booksellers and family members, as pursuers, claimed that the interdict was warranted because Burns had not transferred his rights to the letters by sending the documents to Clarinda.
Subjects: Literary Property, Copyright, Intellectual property rights

Published Report

William Morison, The Decisions of the Court of Session (1811), App. 1, No. 4 Page 13

People or Organizations Associated with Case

Named in case documents:
Robert Burns, Writer of the letters addressed to Clarinda
Gilbert Burns
William Thomson