The Law and the Profits: Lewis Granom and the Royal Licence as a Form of Music Copyright Protection

Abstract

ABSTRACT In 1753 the composer Lewis Granom instigated proceedings against several London music sellers, led by John Cox, for breach of copyright. The complaint unravelled because the royal licence/privilege he had acquired to protect his XII New Songs and Ballads against piracy post-dated their publication. After explaining why most composers relied on the licence for protection, and not the 1710 Copyright Act, a survey of its use c.1720–c.1765 leads to a re-examination of three test cases that corrects previous misconceptions about its efficacy. Detailed discussion of the litigation exposes weaknesses in Granom’s case, identifies the engraver Cox employed to copy the songs, shows that the outcome was consistent with evolving legal thinking about privileges, and reveals that an unwritten convention bound composers to notify music sellers if their publications were licensed. This study is an antidote to prevailing scholarly claims that the licence was a toothless instrument that did little to discourage piracy.