International copyright : $b considered in some of its relations to ethics and political economyPutnam, George Haven
Philosophy
International copyright : $b considered in some of its relations to ethics and political economy
Putnam, George Haven
Copyright, International
We claim, also, that with reference to the rights of labor, property,
and capital, the free-trader is the true protectionist. It is the
free-trader who demands for the laborer the fullest, freest use of
the results of his labor, and for the capitalist the widest scope in
the employment of his capital; and it is he who asserts that the
paternal authority which restricts the workingman in the free exchange
of the products of his craft, which limits the directions and the
methods for the use of capital, appropriates--or, to speak more
strictly, destroys--a portion of the value of the labor and the
capital, and prevents the ownership from being real or complete.
Authors are laborers, and their works are, as fully as is the case
with any other class of laborers, the results of their own productive
faculties and energies.
Literary laborers lay claim, therefore, to the same protection for a
full and free enjoyment of the results of their labors as is demanded
by those who work with their hands and who are in the strict sense of
the term manufacturers. Such enjoyment would include the right to sell
their productions in the open market where they pleased and how they
pleased, and if this right to a free exchange is restricted within
political boundaries, is hampered by artificial obstacles, the author
is not the full owner of his material; a portion of its value has been
taken away from him. In so far as international copyrights have not
been established, this is the position of the author of to-day.
Copyright is defined by Drone in his "Law of Copyright," as "the
exclusive right of the owner to multiply and to dispose of copies of
an intellectual production." It is also used as a synonym for
literary property. Regarding literary property, Drone says:
"There can be no property in a production of the mind unless it
is expressed in a definite form of words. But the property is not
in the words alone; it is in the intellectual creation, which
language is merely a means of expressing and communicating."
Copyright may therefore be said to be the legal recognition of
brain-work as property.
It is akin in its nature to patent-right, which is also but the legal
recognition of the existence of property in an idea, or a group of
ideas, or the form of expression of an idea.
International _patent_-rights have been recognized and carried into
effect much more generally than have copyrights. The patentee of an
improved toothpick would be able to secure to-day a wider recognition
of his right as a creator than is accorded to the author of "Uncle
Tom's Cabin" or of "Adam Bede."
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