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
Whether the proper encouragement of authors requires this to
be done, is the point which the two Governments should first
settle. Copyright does not exist, except as created by law,
for it begins only when the steps are taken which the law
prescribes, and it continues only so long as the law extends
it. There is, therefore, no natural right involved. A man’s
thoughts are his own only so long as he keeps them to himself.
When he has uttered them they become the thoughts of all who
receive them, and who thenceforth use them at pleasure. The
title to a thought by original invention is no better than
the title to an asteroid by original discovery. The clothing
of a man’s thoughts in language no more entitles him to their
exclusive publication, after they are gone forth to the public,
than a man’s careful study of the clothing of his person
entitles him to forbid the imitation of his garb and gait as he
walks the streets. The law creates Copyright on the assumption
that the public good will be promoted by the encouragement thus
granted to authors to publish their works....
The pecuniary return realised from their publications is
neither the only nor the chief encouragement by which authors
of merit are induced to publish their works. The good they
may do to mankind, the reputation they may acquire, and the
satisfaction of seeing their thoughts widely diffused and
received, and made a part of the mental wealth of their country
and age, outweigh a thousandfold, to an enlarged and generous
mind, the value of the material silver and gold yielded by
their Copyright. And it cannot be doubted that these higher
returns are directly increased by freedom of publication
unrestricted by Copyright; because cheapness of price, and
variety in the forms of publication, are prime elements in the
widest circulation of books....
It is impossible to exaggerate the value of this international
exchange of ideas through the medium of books, as a means of
that general assimilation of thought and life which is the
highest guaranty of political and commercial intercourse and
permanent friendship between the two countries. While each
nation, for the most part, buries its own literary trash,
and each retains the exclusive circulation of books adapted
specially to its own use, the whole volume of the best thoughts
of one country have now their widest diffusion, through their
freedom of publication in the other.
The present is a favourable time for the consideration of this important
question. The following extract from the editorial columns of the
_Bookseller_, of May 1, is confirmatory and encouraging:—
Public-domain text, read in full here on John Shaqi.
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