Miscellaneous Writings and Speeches — Volume 4Macaulay, Thomas Babington Macaulay, Baron
History
Miscellaneous Writings and Speeches — Volume 4
Macaulay, Thomas Babington Macaulay, Baron
English essays
If, Sir, I wished to find a strong and perfect illustration of the
effects which I anticipate from long copyright, I should select,--my
honourable and learned friend will be surprised,--I should select the
case of Milton's granddaughter. As often as this bill has been under
discussion, the fate of Milton's granddaughter has been brought forward
by the advocates of monopoly. My honourable and learned friend has
repeatedly told the story with great eloquence and effect. He has
dilated on the sufferings, on the abject poverty, of this ill-fated
woman, the last of an illustrious race. He tells us that, in the
extremity of her distress, Garrick gave her a benefit, that Johnson
wrote a prologue, and that the public contributed some hundreds
of pounds. Was it fit, he asks, that she should receive, in this
eleemosynary form, a small portion of what was in truth a debt? Why, he
asks, instead of obtaining a pittance from charity, did she not live in
comfort and luxury on the proceeds of the sale of her ancestor's works?
But, Sir, will my honourable and learned friend tell me that this event,
which he has so often and so pathetically described, was caused by the
shortness of the term of copyright? Why, at that time, the duration of
copyright was longer than even he, at present, proposes to make it. The
monopoly lasted, not sixty years, but for ever. At the time at which
Milton's granddaughter asked charity, Milton's works were the exclusive
property of a bookseller. Within a few months of the day on which the
benefit was given at Garrick's theatre, the holder of the copyright of
Paradise Lost,--I think it was Tonson,--applied to the Court of Chancery
for an injunction against a bookseller who had published a cheap edition
of the great epic poem, and obtained the injunction. The representation
of Comus was, if I remember rightly, in 1750; the injunction in 1752.
Here, then, is a perfect illustration of the effect of long copyright.
Milton's works are the property of a single publisher. Everybody who
wants them must buy them at Tonson's shop, and at Tonson's price.
Whoever attempts to undersell Tonson is harassed with legal proceedings.
Thousands who would gladly possess a copy of Paradise Lost, must forego
that great enjoyment. And what, in the meantime, is the situation of the
only person for whom we can suppose that the author, protected at such
a cost to the public, was at all interested? She is reduced to utter
destitution. Milton's works are under a monopoly. Milton's granddaughter
is starving. The reader is pillaged; but the writer's family is not
enriched. Society is taxed doubly. It has to give an exorbitant price
for the poems; and it has at the same time to give alms to the only
surviving descendant of the poet.
Public-domain text, read in full here on John Shaqi.
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