A Brief History of Printing. Part II: The Economic History of PrintingHamilton, Frederick W. (Frederick William)
History
A Brief History of Printing. Part II: The Economic History of Printing
Hamilton, Frederick W. (Frederick William)
Printing -- History
One of the first persons to enjoy anything like copyright protection in
Germany was Albrecht Dürer. The city government of Nuremberg undertook
to protect Dürer and his family in the right to print and publish his
works. It is a curious mark of the undeveloped state of public opinion
regarding these matters at this time that Dürer seems to have been
protected more as an inventor than as an author. The early German
copyrights in many cases seem not only to have prevented others from
reprinting a specified book but also from printing any book on the same
subject. For example, Dürer wrote a book on _Proportion_ which was
published in Paris. Before it was completed another artist named Beham
undertook to publish a book on _Proportion_. Beham was ordered not to
publish his book until after Dürer had completed publication. He
insisted that his work was an absolutely independent one, not in any way
copied from or related to the work of Dürer, but his plea was
disregarded, although, as it afterward turned out, it was quite true
that his work was entirely independent.
Throughout Europe during the period we have under consideration we find
two ideas gradually clearing themselves from the confused thinking of
the time and coming into recognition. The first is the idea that the
writer of a book has for a time at least property rights in it, and the
other that old books belong to the public. That is the basis of our
modern thinking on the subject. We recognize that any writer may
copyright his work and is entitled to the control of it during the
copyright period, which varies in different countries. When his
copyright has expired any publisher who cares to undertake the venture
as a business proposition may bring out an edition and sell it at
whatever price he chooses. That is the reason why old books are
generally cheaper than new books. An edition of Scott or Dickens is
purely a manufacturing proposition. An edition of Maurice Hewlett is a
very different matter because Mr. Hewlett, or his publisher, holds
copyright on his works and must be paid for the privilege of publishing.
Another important development in thought was the growth of the idea of
right as distinguished from privilege. A privilege, as the word implies,
is an act of grace. It is a grant of permission to do a thing which one
has no inherent right to do. In England, as we shall later see, when the
idea of copyright came to be seriously considered it was based on the
common law, that is to say, it was recognized that the printer and
author had some rights in the matter.
As soon as it was seen that the printer and the author had produced
something more than a mere piece of merchandise and that the property
right of the producer inhered in that added element quite as much as in
the piece of merchandise the basis was laid for the common law treatment
of the whole matter. The extension of the conception of property to
cover thoughts as well as things was the basis of the whole matter.
Public-domain text, read in full here on John Shaqi.
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