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
The arguments against a measure of this kind are, in short, the
arguments in favor of international copyright. A very conclusive
statement of the case against the equity or desirability from any
point of view of such an arrangement in regard to home copyright was
made before the British Commission, in 1877, by Herbert Spencer. His
testimony is given in full in the _Popular Science Monthly_ for
November, 1878, and February, 1879.
The recommendation had been made that, for the sake of securing cheap
books for the people, the law should give to all dealers the privilege
of printing an author's books, and should fix a copyright to be paid
to the author that should secure him a "fair profit for his work." Mr.
Spencer objected that--
First. This would be a direct interference with the laws of trade,
under which the author had the right to make his own bargains. Second.
No legislature was competent to determine what was "a fair rate of
profit" for an author. Third. No average royalty could be determined
which could give a fair recompense for the different amounts and kinds
of labor given to the production of different classes of books.
Fourth. If the legislature has the right to fix the profits of the
author, it has an equal right to determine that of his associate in
the publication, the publisher; and if of the publisher, then also of
the printer, binder, and paper-maker, who all have an interest in the
undertaking. Such a right of control would apply with equal force to
manufacturers of other articles of importance to the community, and
would not be in accordance with the present theories of the proper
functions of government. Fifth. If books are to be cheapened by such a
measure, it must be at the expense of some portion of the profits now
going to the authors and publishers; the assumption is that book
producers and distributors do not understand their business, but
require to be instructed by the state how to carry it on, and that the
publishing business alone needs to have its returns regulated by law.
Sixth. The prices of the best books would in many cases, instead of
being lessened, be higher than at present, because the publishers
would require some insurance against the risk of rival editions, and
because they would make their first editions smaller, and the first
cost would have to be divided among a less number of copies. Such
reductions of prices as would be made would be on the flimsier and
more popular literature, and even on this could not be lasting.
Seventh. For the enterprises of the most lasting importance to the
public, requiring considerable investment of time and capital, the
publishers require to be assured of returns from the largest market
possible, and without such security enterprises of this character
could not be undertaken at all. Eighth. Open competition of this kind
would, in the end, result in crushing out the smaller publishers, and
in concentrating the business in the hands of a few houses whose
Public-domain text, read in full here on John Shaqi.
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