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
It is sometimes said, as a bar to this idea of property, that no thought
is new--that every thinker is dependent upon the gifts of nature and the
thoughts of other thinkers before him, as every tiller of the soil is
dependent upon the land as given by nature and improved by the men who
have toiled and tilled before him,--a view of which Henry C. Carey has
been the chief exponent in this country. But there is no real
analogy--aside from the question whether the denial of individual
property in land would not be setting back the hands of progress. If
Farmer Jones does not raise potatoes from a piece of land, Farmer Smith
can; but Shakespeare cannot write "Paradise lost" nor Milton "Much ado,"
though before both Dante dreamed and Boccaccio told his tales. It was
because of Milton and Shakespeare writing, not because of Dante and
Boccaccio who had written, that these immortal works are treasures of
the English tongue. It was the very self of each, _in propria persona_,
that gave these form and worth, though they used words that had come
down from generations as the common heritage of English-speaking men.
Property in a stream of water, as has been pointed out, is not in the
atoms of the water but in the flow of the stream.
{Sidenote: Property in unpublished works}
Property right in unpublished works has never been effectively
questioned--a fact which in itself confirms the view that intellectual
property is a natural inherent right. The author has "supreme control"
over an unpublished work, and his manuscript cannot be utilized by
creditors as assets without his consent. "If he lends a copy to
another," says Baron Parke, "his right is not gone; if he sends it to
another under an implied undertaking that he is not to part with it or
publish it, he has a right to enforce that undertaking." The receiver of
a letter, to whom the paper containing the writing has undoubtedly been
given, has no right to publish or otherwise use the letter without the
writer's consent. The theory that by permitting copies to be made, an
author dedicates his writing to the public, as an owner of land
dedicates a road to the public by permitting public use of it for
twenty-one years, overlooks the fact that in so doing the author only
conveys to each holder of his book the right to individual use, and not
the right to multiply copies, as though the landowner should not give
but sell permission to individuals to pass over his road, without any
permission to them to sell tickets for the same privilege to other
people. The owner of a right does not forfeit a right by selling a
privilege.
{Sidenote: The question of publication}
Public-domain text, read in full here on John Shaqi.
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