Arguments before the Committee on Patents of the House of Representatives, conjointly with the Senate Committee on Patents, on H.R. 19853, to amend and consolidate the acts respecting copyright: June 6, 7, 8, and 9, 1906.United States. Congress. House. Committee on Patents
History
Arguments before the Committee on Patents of the House of Representatives, conjointly with the Senate Committee on Patents, on H.R. 19853, to amend and consolidate the acts respecting copyright: June 6, 7, 8, and 9, 1906.
United States. Congress. House. Committee on Patents
Copyright -- United States
Why is that so? It is so because from the foundation of the world
until now there never was a nation and there never was a day when the
idea of the continuity of private property was connected in the minds
of men with intellectual productions. England has developed the idea
of private property more fully than has any other nation; and England
never ascribed the idea of the continuity of private property to any
intellectual production, either for an invention or for a writing. To
this day no man has a right in England to a patent on an invention,
and never has had. The granting of any patent on an invention in
England is dependent entirely upon the pleasure of Edward the Seventh;
and the patents themselves, when granted, each one of them sets forth
that fact, and states that Edward the Seventh thinks on the whole that
it will benefit the realm to grant this patent, and proceeds to grant
it. But if Edward the Seventh and those who represent him choose to
decline to issue a patent in pursuance of any particular application
they can do so in entire conformity with the laws of England.
In respect to the protection of private property relevant to
intellectual productions in the domain of books or musical
compositions, this is the history in England: Prior to the time of
Milton nobody had a right to publish anything in England without the
permission of the Crown, and that permission was granted or refused,
not with reference to the deserts or the merits of the author or the
composer, but with reference to the opinion of the Crown as to whether
or not the published thing would be beneficial or not beneficial to
the public interests. And the Crown usually identified the public
interests with the interests of the Crown, so that it suppressed what
it desired to suppress and permitted to fly what it desired to be
published.
At the time of the Commonwealth publication became free and was free,
but there was still no notion of any exclusive right to publish a
particular literary or musical composition inhering in the author of
that composition; and that right never did begin and never was heard
of in England until the reign of Anne, when Parliament passed a
statute establishing such a right for a limited time.
Public-domain text, read in full here on John Shaqi.
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