Copyright: Its History and Its LawBowker, R. R. (Richard Rogers)
History
Copyright: Its History and Its Law
Bowker, R. R. (Richard Rogers)
Copyright -- History; Copyright -- United States -- History
Blackstone in his Commentaries of 1767, in which the word copyright
seems to have been first used, lays down the fundamental principles of
copyright as follows: "When a man, by the exertion of his rational
powers, has produced an original work, he seems to have clearly a right
to dispose of that identical work as he pleases, and any attempt to vary
the disposition he has made of it appears to be an invasion of that
right. Now the identity of a literary composition consists entirely in
the sentiment and the language; the same conceptions, clothed in the
same words, must necessarily be the same composition; and whatever
method be taken of exhibiting that composition to the ear or the eye of
another, by recital, by writing, or by printing, in any number of
copies, or at any period of time, it is always the identical work of the
author which is so exhibited; and no other man (it hath been thought)
can have a right to exhibit it, especially for profit, without the
author's consent. This consent may, perhaps, be tacitly given to all
mankind, when an author suffers his work to be published by another
hand, without any claim or reserve of right, and without stamping on it
any marks of ownership; it being then a present to the public, like
building a church or bridge, or laying out a new highway."
{Sidenote: Property by creation}
There is nothing which may more rightfully be called property than the
creation of the individual brain. For property (from the Latin
_proprius_, own) means a man's very _own_, and there is nothing more his
own than the thought, created, made out of no material thing (unless the
nerve-food which the brain consumes in the act of thinking be so
counted), which uses material things only for its record or
manifestation. The best proof of _own_-ership is that if this individual
man or woman had not thought this individual thought, realized in
writing or in music or in marble, it would not exist. Or if the
individual thinking it had put it aside without such record, it would
not, in any practical sense, exist. We cannot know what "might have
beens" of untold value have been lost to the world where thinkers, such
as inventors, have had no inducement or opportunity thus to materialize
their thoughts.
{Sidenote: Are thoughts created?}
Public-domain text, read in full here on John Shaqi.
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