The Writings of Thomas Jefferson, Vol. 6 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 6 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
It has been pretended by some, (and in England especially,) that inventors
have a natural and exclusive right to their inventions, and not merely
for their own lives, but inheritable to their heirs. But while it is
a moot question whether the origin of any kind of property is derived
from nature at all, it would be singular to admit a natural and even an
hereditary right to inventors. It is agreed by those who have seriously
considered the subject, that no individual has, of natural right, a
separate property in an acre of land, for instance. By an universal law,
indeed, whatever, whether fixed or movable, belongs to all men equally
and in common, is the property for the moment of him who occupies it;
but when he relinquishes the occupation, the property goes with it.
Stable ownership is the gift of social law, and is given late in the
progress of society. It would be curious then, if an idea, the fugitive
fermentation of an individual brain, could, of natural right, be claimed
in exclusive and stable property. If nature has made any one thing less
susceptible than all others of exclusive property, it is the action of
the thinking power called an idea, which an individual may exclusively
possess as long as he keeps it to himself; but the moment it is divulged,
it forces itself into the possession of every one, and the receiver
cannot dispossess himself of it. Its peculiar character, too, is that no
one possesses the less, because every other possesses the whole of it.
He who receives an idea from me, receives instruction himself without
lessening mine; as he who lights his taper at mine, receives light without
darkening me. That ideas should freely spread from one to another over
the globe, for the moral and mutual instruction of man, and improvement
of his condition, seems to have been peculiarly and benevolently designed
by nature, when she made them, like fire, expansible over all space,
without lessening their density in any point, and like the air in which
we breathe, move, and have our physical being, incapable of confinement
or exclusive appropriation. Inventions then cannot, in nature, be a
subject of property. Society may give an exclusive right to the profits
arising from them, as an encouragement to men to pursue ideas which may
produce utility, but this may or may not be done, according to the will
and convenience of the society, without claim or complaint from any body.
Accordingly, it is a fact, as far as I am informed, that England was,
until we copied her, the only country on earth which ever, by a general
law, gave a legal right to the exclusive use of an idea. In some other
countries it is sometimes done, in a great case, and by a special and
personal act, but, generally speaking, other nations have thought that
these monopolies produce more embarrassment than advantage to society;
and it may be observed that the nations which refuse monopolies of
invention, are as fruitful as England in new and useful devices.
Public-domain text, read in full here on John Shaqi.
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