Miscellaneous Writings and Speeches — Volume 4Macaulay, Thomas Babington Macaulay, Baron
History
Miscellaneous Writings and Speeches — Volume 4
Macaulay, Thomas Babington Macaulay, Baron
English essays
It must surely, Sir, be admitted that the protection which we give to
books ought to be distributed as evenly as possible, that every book
should have a fair share of that protection, and no book more than a
fair share. It would evidently be absurd to put tickets into a wheel,
with different numbers marked upon them, and to make writers draw, one
a term of twenty-eight years, another a term of fifty, another a term of
ninety. And yet this sort of lottery is what my noble friend proposes to
establish. I know that we cannot altogether exclude chance. You have two
terms of copyright; one certain, the other uncertain; and we cannot, I
admit, get rid of the uncertain term. It is proper, no doubt, that an
author's copyright should last during his life. But, Sir, though we
cannot altogether exclude chance, we can very much diminish the share
which chance must have in distributing the recompense which we wish
to give to genius and learning. By every addition which we make to the
certain term we diminish the influence of chance; by every addition
which we make to the uncertain term we increase the influence of chance.
I shall make myself best understood by putting cases. Take two eminent
female writers, who died within our own memory, Madame D'Arblay and Miss
Austen. As the law now stands, Miss Austen's charming novels would have
only from twenty-eight to thirty-three years of copyright. For that
extraordinary woman died young: she died before her genius was fully
appreciated by the world. Madame D'Arblay outlived the whole generation
to which she belonged. The copyright of her celebrated novel, Evelina,
lasted, under the present law, sixty-two years. Surely this inequality
is sufficiently great--sixty-two years of copyright for Evelina, only
twenty-eight for Persuasion. But to my noble friend this inequality
seems not great enough. He proposes to add twenty-five years to Madame
D'Arblay's term, and not a single day to Miss Austen's term. He would
give to Persuasion a copyright of only twenty-eight years, as at
present, and to Evelina a copyright more than three times as long, a
copyright of eighty-seven years. Now, is this reasonable? See, on the
other hand, the operation of my plan. I make no addition at all to
Madame D'Arblay's term of sixty-two years, which is, in my opinion,
quite long enough; but I extend Miss Austen's term to forty-two years,
which is, in my opinion, not too much. You see, Sir, that at present
chance has too much sway in this matter: that at present the protection
which the State gives to letters is very unequally given. You see that
if my noble friend's plan be adopted, more will be left to chance than
under the present system, and you will have such inequalities as are
unknown under the present system. You see also that, under the system
which I recommend, we shall have, not perfect certainty, not perfect
equality, but much less uncertainty and inequality than at present.
Public-domain text, read in full here on John Shaqi.
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