Our old Common Law was clear enough. Subject only to laws or customs
about licensing and against profane books and the like, the right of
publishing and selling any book belonged exclusively to the author and
persons claiming through him. Books were as much the subjects of
property-rights as lands in Kent or money in the bank. The term of
enjoyment knew no period. Fine fantastic ideas about genius endowing the
world and transcending the narrow bounds of property were not
countenanced by our Common Law. Bunyan's _Pilgrim's Progress_, in the
year 1680, belonged to Mr. Ponder: _Paradise Lost_, in the year 1739,
was the property of Mr. Jacob Tonson. Mr. Ponder and Mr. Tonson had
acquired these works by purchase. Property-rights of this description
seem strange to us, even absurd. But that is one of the provoking ways
of property-rights. Views vary. Perhaps this time next century it will
seem as absurd that Ben Mac Dhui should ever have been private property
as it now does that in 1739 Mr. Tonson should have been the owner 'of
man's first disobedience and the fruit of that forbidden tree.' This is
not said with any covered meaning, but is thrown out gloomily with the
intention of contributing to the general depreciation of property.
If it be asked how came it about that authors and booksellers allowed
themselves to be deprived of valuable and well-assured rights--to be in
fact disinherited, without so much as an expostulatory ode or a single
epigram--it must be answered, strange as it may sound, it happened
accidentally and through tampering with the Common Law.
Authors are indeed a luckless race. To be deprived of your property by
Act of Parliament is a familiar process, calling for no remarks save of
an objurgatory character; but to petition Parliament to take away your
property--to get up an agitation against yourself, to promote the
passage through both Houses of the Act of spoliation, is unusual; so
unusual indeed that I make bold to say that none but authors would do
such things. That they did these very things is certain. It is also
certain that they did not mean to do them. They did not understand the
effect of their own Act of Parliament. In exchange for a term of either
fourteen or twenty-one years, they gave up not only for themselves, but
for all before and after them, the whole of time. Oh! miserable men! No
enemy did this; no hungry mob clamoured for cheap books; no owner of
copyrights so much as weltered in his gore. The rights were
unquestioned: no one found fault with them. The authors accomplished
their own ruin. Never, surely, since the well-nigh incredible folly of
our first parents lost us Eden and put us to the necessity of earning
our living, was so fine a property--perpetual copyright--bartered away
for so paltry an equivalent.
Public-domain text, read in full here on John Shaqi.
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