The International Monthly, Volume 4, No. 3, October, 1851 — John Shaqi
The International Monthly, Volume 4, No. 3, October, 1851Various
History
The International Monthly, Volume 4, No. 3, October, 1851
Various
Art, Modern -- 19th century -- Periodicals; Literature, Modern -- 19th century -- Periodicals; Science -- History -- Periodicals
But I think, sir, with submission, that an injury has been done to the
cause of copyright by resting it on false abstract grounds, which cannot
be, and never have been, carried out. If a man has a rightful monopoly in
his book, merely because he has produced it, your law is unjust and
piratical in fixing a term to copyright--for why should you take away a
man's property after he has enjoyed it a certain number of years? On the
contrary, one would suppose that the longer he has enjoyed it the more
perfect his right, and the greater the wrong to deprive him of it. Time
converts even what is unjustly acquired into a legitimate possession--how
much more that which the owner has actually created? I would put the matter
on simple, concrete grounds, which all men can appreciate. The production
of books is an element of civilization, by the common consent of nations.
Books cannot be produced unless in some way they procure the authors a
subsistence. And whoever produces by his labor a beneficial thing, is
entitled to a reasonable compensation from those who are thereby benefited.
In former times, when readers were scarce, as copies were costly, the rich,
or sovereigns, supported authors directly, by pensions or otherwise. It is
now conceded that the best mode of rewarding them is by allowing them an
exclusive copyright in their works, and all civilized nations do so. But
this mode of remuneration being once established, a foreign author, coming
personally, or in his work, into a country, "has as much moral right to his
book as he has to his baggage," and it is as barbarous to plunder him of
the one as of the other. Why, when was there a time in Europe, or even in
Asia or the antique world, that princes and states did not receive and
cherish, and nobly reward, foreign men of letters? Are they to be more
ignobly treated now that the people have become patrons? But, if deaf to
the voice of honor, hear that of justice. Those who enjoy their works are
bound to remunerate them for what they have produced at a great expenditure
of time, money, and soul-wearing labor. That "the laborer is worthy of his
hire," is a divine sentence which sooner or later will judge all those by
whom that hire is by fraud "kept back." A country which refuses a fair
copyright to authors, whether native or foreign, condemns itself to
barbarism. It cultivates in itself a spirit of violence, aggravated by
ingratitude to benefactors. There is, too, a sort of indelicacy in this
injury, which even the law of reprisal cannot excuse. The benefit which the
author of genius confers is something personal. You might as well, if some
savage tribe ravished your women, condemn its females, when captured, to
insult and dishonor.
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