Of the Injustice of Counterfeiting Books: From: Essays and Treaties on Moral, Political and various Philosophical Subjects — Kant — John Shaqi
Of the Injustice of Counterfeiting Books: From: Essays and Treaties on Moral, Political and various Philosophical Subjects
Kant · en
Works of art, as things, may, on the other hand, be imitated or
otherwise modeled, at will, from a copy of them which was rightfully
acquired, and those imitations may be publicly sold, without requiring
the consent of the author of the original or of the master who
supervised the artist in developing the artist's ideas. A drawing,
which anyone has drawn, or had engraved by another, or executed in
stone, metal, or stucco, may be copied, and the copies publicly sold;
as everything, that one can perform with his thing in his own name,
does not require the consent of another. Lippert's "Dactyliotec" may
be imitated by every possessor of it who understands it, and exposed
to sale, and the inventor of it has no right to complain of
encroachment on his business. For it is a work (an opus, not an opera;
these terms are mutually exclusive) which everybody who possesses it
may, without even mentioning the name of the inventor, assume title
over it, and also imitate it and use it in public trade, in his own
name, as his own.
But the writing of another is the speech of a person (opera); and
whoever publishes it can speak to the public only in the name of this
other, and say nothing more of himself than that the author makes the
following speech to the public through him (Impensis Bibliopola). For
it is a contradiction, to make in his own name a speech which he
knows, and conformably to the demand of the public, must be the speech
of another.
The reason why all works of art of others may be imitated for public
sale, but books, to which an editor is designated, dare not be
counterfeited, lies in this: that artworks are works (opera), but
books are acts (operae); artworks may be as things existing for
themselves, but books can have their existence only in a
person. Consequently, books belong to the person of the author
exclusively;**** and the author has an inalienable right (jus
personalissimum) always to speak himself through every other, that is,
nobody dares make the same speech to the public except in the author's
name.
[****Footnote: The author, and the owner of the copy, may both say of
it with equal right: "It is my book!" However, each would say this in
a different sense. The author takes the book as a writing or a speech;
the owner interprets the book as being the mute instrument merely of
the delivering of the speech to him or to the public, that is, as a
copy. The author does not have ownership rights over the thing,
namely, the copy of the book (for the owner may burn that copy before
the author's face); instead, the author has an innate right, in the
author's own person, to wit, to hinder another from reading the copy
to the public without the author's consent, which consent can by no
means be presumed, because the author may have already given it
exclusively to another editor.]