Miscellaneous Writings and Speeches — Volume 4Macaulay, Thomas Babington Macaulay, Baron
History
Miscellaneous Writings and Speeches — Volume 4
Macaulay, Thomas Babington Macaulay, Baron
English essays
On the twenty-ninth of January 1841, Mr Serjeant Talfourd obtained leave
to bring in a bill to amend the law of copyright. The object of this
bill was to extend the term of copyright in a book to sixty years,
reckoned from the death of the writer.
On the fifth of February Mr Serjeant Talfourd moved that the bill should
be read a second time. In reply to him the following Speech was made.
The bill was rejected by 45 votes to 38.
Though, Sir, it is in some sense agreeable to approach a subject with
which political animosities have nothing to do, I offer myself to your
notice with some reluctance. It is painful to me to take a course which
may possibly be misunderstood or misrepresented as unfriendly to the
interests of literature and literary men. It is painful to me, I will
add, to oppose my honourable and learned friend on a question which
he has taken up from the purest motives, and which he regards with a
parental interest. These feelings have hitherto kept me silent when
the law of copyright has been under discussion. But as I am, on full
consideration, satisfied that the measure before us will, if adopted,
inflict grievous injury on the public, without conferring any
compensating advantage on men of letters, I think it my duty to avow
that opinion and to defend it.
The first thing to be done, Sir, is to settle on what principles the
question is to be argued. Are we free to legislate for the public good,
or are we not? Is this a question of expediency, or is it a question
of right? Many of those who have written and petitioned against the
existing state of things treat the question as one of right. The law of
nature, according to them, gives to every man a sacred and indefeasible
property in his own ideas, in the fruits of his own reason and
imagination. The legislature has indeed the power to take away this
property, just as it has the power to pass an act of attainder for
cutting off an innocent man's head without a trial. But, as such an act
of attainder would be legal murder, so would an act invading the
right of an author to his copy be, according to these gentlemen, legal
robbery.
Public-domain text, read in full here on John Shaqi.
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