Bach v Longman

Bach v Longman 2 Cowper 623 (1777) is a landmark judgment regarding copyright. The case was concerning whether or not printed music fell within the protection of the Statute of Anne (1710). Lord Mansfield held that published music is protected as 'writing' within the terms of the legislation. ^[1]

Johann Christian Bach, painted in London by Thomas Gainsborough, 1776 (National Portrait Gallery, London)

Johann Christian Bach and Karl Friedrich Abel suied publisher James Longman^[2] who had been violating the copyright his works in London.

The only copyright legislation at the time was Statute of Anne which was assumed to not cover music.^[3] The judge, Lord Mansfield found, however, that the Statutes preamble referred to "books and other writings" ^[4] This he felt included written music.^[5] His decision allowed for a spate of further cases,^[6] and a more stable performing environment allowing the growth of freelance musicians in the 18th century.

Further reading

• Sanjek, R., American Popular Music and Its Business: The First Four Hundred Years, 3 vols. (New York and Oxford: Oxford University Press, 1988)
• Hunter, D., 'Music Copyright in Britain to 1800', Music & Letters, 67 (1986): 269-82 (273)
• Carroll, M., 'The Struggle for Music Copyright', Florida Law Review, 57 (2005): 907-61

References

1. primary sources on Copyright.
2. Bach v. Longman et al., 2 Cowper 623 (1777).
3. F. M. Scherer, THE EMERGENCE OF MUSICAL COPYRIGHT IN EUROPE FROM 1709 TO 1850 (Harvard University, 2008) p8.
4. Bach v. Longman et al., 2 Cowper 623 (1777) at 624.
5. Paul Torremans, Copyright Law: A Handbook of Contemporary Research (Edward Elgar Publishing, 2009) page 138.
6. Paul Torremans, Copyright Law: A Handbook of Contemporary Research (Edward Elgar Publishing, 2009) page 140.