Recent discussions on the abolition of patents for inventions in the United Kingdom, France, Germany, and the Netherlands : $b Evidence, speeches, and papers in its favour
General
Recent discussions on the abolition of patents for inventions in the United Kingdom, France, Germany, and the Netherlands : $b Evidence, speeches, and papers in its favour
Patents
(Extract from the _Mechanics’ Magazine_, Vol. 27, 1837.)
This is the last of the new provisions mentioned in the preface, and
the only one in the whole bill that seems intended for the benefit of
the public. We were in hopes of finding at least one other, to provide
for some method of “taxing” the price of new works, as used formerly
to be done in foreign countries when a Copyright was granted. A limit
is proposed to be fixed to the profits of railway companies; why are
authors and publishers to be allowed to demand what sums they please?
When they find they have a giant’s strength, they are too apt to use it
like a giant. There is such a thing, not only in theory, but in practice,
as laying too heavy a tax on an author’s admirers. In the height of
Walter Scott’s popularity there was no other way of obtaining an early
copy of a new poem than by purchasing it in the inconvenient form of a
ponderous quarto; it generally, a few months afterwards, appeared in an
octavo shape; but in one instance, Sir Walter, finding it desirable to
force the sale of an unsaleable periodical with which he was connected,
“The Edinburgh Annual Register,” inserted one of his poems in one of the
yearly volumes, and drove all such of his adversaries as had not bought
the quarto to buy a cartload of old news, along with the vision of Don
Roderick. Is all this justified by the comprehensive maxim that a man may
do what he likes with his own? Since the Copyright of Sir Walter’s poems
has drawn near the term of extinction, his publishers have thought fit to
issue them in editions not only so cheap that they suit the pocket, but
so small that they may be put into it. His novels are Copyright still,
and the consequence is, that they are still not only dear, but ill got
up. What a torrent of Elzevir editions of “Waverley” there would be if it
were now public property! At present there is not one edition of it in
one volume, the most usual and convenient form for a standard novel—not
one edition in Elzevir, the most usual and convenient size. And this is
to remain so for the next sixty years!
Sergeant Talfourd might provide a remedy for these evils in the literary
tribunal which, though he makes no proposal for it in the present Bill,
he is anxious to see established, for the decision of literary cases (and
his arguments for which, by the bye, would answer equally well in regard
to every other profession). It would provide itself, if a project were
adopted for a Copyright-Law, of which we shall now proceed to state the
outlines, but without the forlornest hope of ever seeing it tried.
Public-domain text, read in full here on John Shaqi.
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