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
"Upon the whole, I conclude that upon every principle of reason,
natural justice, morality, and common law; upon the evidence of
the long received opinion of this property appearing in ancient
proceedings and in law cases; upon the clear sense of the
legislature, and the opinions of the greatest lawyers of their
time since that statute--the right (that is in perpetuity) of an
author to the copy of his work appears to be well founded, ...
and I hope the learned and industrious will be permitted from
henceforth not only to reap the same, but the full profits of
their ingenious labors, without interruptions, to the honor and
advantage of themselves and their families."
In 1774, in the case of Donaldson _vs._ Beckett, the House of Lords
decided on an appeal, first, that authors had possessed at common law
the right of copyright in perpetuity, but, secondly, that this right
at common law had been taken away by the statute of Anne, and a term
of years substituted for perpetuity.
Chief among those who, in opposition to this decision, advised the
lords that literary property was not less inviolable than any species
of property known to the law of England, was Sir William Blackstone.
The most important influence in support of the decision was exercised
by the arguments of Justice Yates and Lord Camden. "This judgment,"
says Drone, "has continued to represent the law; but its soundness has
been questioned by very high authorities." In 1851 Lord Campbell
expressed his agreement with the views of Lord Mansfield. In 1854,
Justice Coleridge said: "If there was one subject more than another
upon which the great and varied learning of Lord Mansfield, his
special familiarity with it, and the philosophical turn of his
intellect, could give his judgment peculiar weight, it was this. I
require no higher authority for a position which seems to me in itself
reasonable and just."
In 1841 an important debate took place in Parliament upon this same
issue. The right at common law of ownership in perpetuity was asserted
by Sergeant Talfourd and Lord Mahon, and the opinion that copyright
was the creation of statute law and should be limited to a term of
years was defended by Macaulay.
The conclusions of the latter were accepted by the House, and the act
of 1842, which is still in force, was the result. By this act the term
of copyright was fixed at forty-two years, or if at the end of that
time the author be still living, for the duration of his life.
I have referred to these discussions as to the nature of the
authority through which the author's ownership exists or is created,
as the question will be found to have an important bearing upon
international copyright. In connection with this debate of 1842 was
framed the famous petition of Thomas Hood, which, if it were not
presented to Parliament, certainly deserved to be. It makes a fair
presentment of the author's case, and is worth quoting:
Public-domain text, read in full here on John Shaqi.
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