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Jim Baen’s Universe

Page 76

by Edited by Eric Flint


  I will gi­ve anot­her in­s­tan­ce. One of the most in­s­t­ruc­ti­ve, in­te­res­ting, and de­lig­h­t­ful bo­oks in our lan­gu­age is Bos­well's Li­fe of Joh­n­son. Now it is well known that Bos­well's el­dest son con­si­de­red this bo­ok, con­si­de­red the who­le re­la­ti­on of Bos­well to Joh­n­son, as a blot in the es­cut­c­he­on of the fa­mily. He tho­ught, not per­haps al­to­get­her wit­ho­ut re­ason, that his fat­her had ex­hi­bi­ted him­self in a lu­dic­ro­us and deg­ra­ding light. And thus he be­ca­me so so­re and ir­ri­tab­le that at last he co­uld not be­ar to he­ar the Li­fe of Joh­n­son men­ti­oned. Sup­po­se that the law had be­en what my ho­no­urab­le and le­ar­ned fri­end wis­hes to ma­ke it. Sup­po­se that the cop­y­right of Bos­well's Li­fe of Joh­n­son had be­lon­ged, as it well might, du­ring sixty ye­ars, to Bos­well's el­dest son. What wo­uld ha­ve be­en the con­se­qu­en­ce? An una­dul­te­ra­ted copy of the fi­nest bi­og­rap­hi­cal work in the world wo­uld ha­ve be­en as scar­ce as the first edi­ti­on of Cam­den's Bri­tan­nia.

  These are strong ca­ses. I ha­ve shown you that, if the law had be­en what you are now go­ing to ma­ke it, the fi­nest pro­se work of fic­ti­on in the lan­gu­age, the fi­nest bi­og­rap­hi­cal work in the lan­gu­age, wo­uld very pro­bably ha­ve be­en sup­pres­sed. But I ha­ve sta­ted my ca­se we­akly. The bo­oks which I ha­ve men­ti­oned are sin­gu­larly inof­fen­si­ve bo­oks, bo­oks not to­uc­hing on any of tho­se qu­es­ti­ons which dri­ve even wi­se men be­yond the bo­unds of wis­dom. The­re are bo­oks of a very dif­fe­rent kind, bo­oks which are the ral­lying po­ints of gre­at po­li­ti­cal and re­li­gi­o­us par­ti­es. What is li­kely to hap­pen if the cop­y­right of one of the the­se bo­oks sho­uld by des­cent or tran­s­fer co­me in­to the pos­ses­si­on of so­me hos­ti­le ze­alot? I will ta­ke a sin­g­le in­s­tan­ce. It is only fifty ye­ars sin­ce John Wes­ley di­ed; and all his works, if the law had be­en what my ho­no­urab­le and le­ar­ned fri­end wis­hes to ma­ke it, wo­uld now ha­ve be­en the pro­perty of so­me per­son or ot­her. The sect fo­un­ded by Wes­ley is the most nu­me­ro­us, the we­al­t­hi­est, the most po­wer­ful, the most ze­alo­us of sects. In every par­li­amen­tary elec­ti­on it is a mat­ter of the gre­atest im­por­tan­ce to ob­ta­in the sup­port of the Wes­le­yan Met­ho­dists. The­ir nu­me­ri­cal strength is rec­ko­ned by hun­d­reds of tho­usands. They hold the me­mory of the­ir fo­un­der in the gre­atest re­ve­ren­ce; and not wit­ho­ut re­ason, for he was un­qu­es­ti­onably a gre­at and a go­od man. To his aut­ho­rity they con­s­tantly ap­pe­al. His works are in the­ir eyes of the hig­hest va­lue. His doc­t­ri­nal wri­tings they re­gard as con­ta­ining the best system of the­ology ever de­du­ced from Scrip­tu­re. His jo­ur­nals, in­te­res­ting even to the com­mon re­ader, are pe­cu­li­arly in­te­res­ting to the Met­ho­dist: for they con­ta­in the who­le his­tory of that sin­gu­lar po­lity which, we­ak and des­pi­sed in its be­gin­ning, is now, af­ter the lap­se of a cen­tury, so strong, so flo­uris­hing, and so for­mi­dab­le. The hymns to which he ga­ve his im­p­ri­ma­tur are a most im­por­tant part of the pub­lic wor­s­hip of his fol­lo­wers. Now, sup­po­se that the cop­y­right of the­se works sho­uld be­long to so­me per­son who holds the me­mory of Wes­ley and the doc­t­ri­nes and dis­cip­li­ne of the Met­ho­dists in ab­hor­ren­ce. The­re are many such per­sons. The Ec­cle­si­as­ti­cal Co­urts are at this very ti­me sit­ting on the ca­se of a cler­g­y­man of the Es­tab­lis­hed Church who re­fu­sed Chris­ti­an bu­ri­al to a child bap­ti­zed by a Met­ho­dist pre­ac­her. I to­ok up the ot­her day a work which is con­si­de­red as among the most res­pec­tab­le or­gans of a lar­ge and gro­wing party in the Church of En­g­land, and the­re I saw John Wes­ley de­sig­na­ted as a for­s­worn pri­est. Sup­po­se that the works of Wes­ley we­re sup­pres­sed. Why, Sir, such a gri­evan­ce wo­uld be eno­ugh to sha­ke the fo­un­da­ti­ons of Go­ver­n­ment. Let gen­t­le­men who are at­tac­hed to the Church ref­lect for a mo­ment what the­ir fe­elings wo­uld be if the Bo­ok of Com­mon Pra­yer we­re not to be rep­rin­ted for thirty or forty ye­ars, if the pri­ce of a Bo­ok of Com­mon Pra­yer we­re run up to fi­ve or ten gu­ine­as. And then let them de­ter­mi­ne whet­her they will pass a law un­der which it is pos­sib­le, un­der which it is pro­bab­le, that so in­to­le­rab­le a wrong may be do­ne to so­me sect con­sis­ting per­haps of half a mil­li­on of per­sons.

  I am so sen­sib­le, Sir, of the kin­d­ness with which the Ho­use has lis­te­ned to me, that I will not de­ta­in you lon­ger. I will only say this, that if the me­asu­re be­fo­re us sho­uld pass, and sho­uld pro­du­ce one-tenth part of the evil which it is cal­cu­la­ted to pro­du­ce, and which I fully ex­pect it to pro­du­ce, the­re will so­on be a re­medy, tho­ugh of a very obj­ec­ti­onab­le kind. Just as the ab­surd acts which pro­hi­bi­ted the sa­le of ga­me we­re vir­tu­al­ly re­pe­aled by the po­ac­her, just as many ab­surd re­ve­nue acts ha­ve be­en vir­tu­al­ly re­pe­aled by the smug­gler, so will this law be vir­tu­al­ly re­pe­aled by pi­ra­ti­cal bo­ok­sel­lers. At pre­sent the hol­der of cop­y­right has the pub­lic fe­eling on his si­de. Tho­se who in­va­de cop­y­right are re­gar­ded as kna­ves who ta­ke the bre­ad out of the mo­uths of de­ser­ving men. Ever­y­body is well ple­ased to see them res­t­ra­ined by the law, and com­pel­led to re­fund the­ir ill-got­ten ga­ins. No tra­des­man of go­od re­pu­te will ha­ve an­y­t­hing to do with such dis­g­ra­ce­ful tran­sac­ti­ons. Pass this law: and that fe­eling is at an end. Men very dif­fe­rent from the pre­sent ra­ce of pi­ra­ti­cal bo­ok­sel­lers will so­on in­f­rin­ge this in­to­le­rab­le mo­no­poly. Gre­at mas­ses of ca­pi­tal will be con­s­tantly em­p­lo­yed in the vi­ola­ti­on of the law. Every art will be em­p­lo­yed to eva­de le­gal pur­su­it; and the who­le na­ti­on will be in the plot. On which si­de in­de­ed sho­uld the pub­lic sympathy be when the qu­es­ti­on is whet­her so­me bo­ok as po­pu­lar as Ro­bin­son Cru­soe, or the Pil­g­rim's Prog­ress, shall be in every cot­ta­ge, or whet­her it shall be con­fi­ned to the lib­ra­ri­es of the rich for the ad­van­ta­ge of the gre­at-gran­d­son of a bo­ok­sel­ler who, a hun­d­red ye­ars be­fo­re, dro­ve a hard bar­ga­in for the cop­y­right with the aut­hor when in gre­at dis­t­ress? Re­mem­ber too that, when on­ce it ce­ases to be con­si­de­red as wrong and dis­c­re­di­tab­le to in­va­de li­te­rary pro­perty, no per­son can say whe­re the in­va­si­on will stop. The pub­lic sel­dom ma­kes ni­ce dis­tin­c­ti­ons. The who­le­so­me cop­y­right which now exists will sha­re in the dis­g­ra­ce and dan­ger of the new cop­y­right which you are abo­ut to cre­ate. And you will find that, in at­tem­p­ting to im­po­se un­re­aso­nab­le res­t­ra­ints on the rep­rin­ting of the works of the de­ad, you ha­ve, to a gre­at ex­tent, an­nul­led tho­se res­t­ra­ints which now pre­vent men from pil­la­ging and def­ra­uding the li­ving. If I saw, Sir, any pro­ba­bi­lity that this bill co­uld be so amen­ded in the Com­mit­tee that my obj­ec­ti­ons might be re­mo­ved, I wo­uld not di­vi­de the Ho­use in this sta­ge. But I am so fully con­vin­ced that no al­te­ra­ti­on which wo­uld not se­em in­sup­por­tab­le to my ho­no­urab­le and le­ar­ned fri­end, co­uld ren­der his me­asu­re sup­por­tab­le to me, that I must mo­ve, tho­ugh with reg­ret, that this bill be re­ad a se­cond ti­me this day six months.

  A SPEECH DELIVERED IN A COMMITTEE OF THE HOUSE OF COMMONS ON THE 6TH OF APRIL 1842.

  by Thomas Babington Macaulay

  On the third of March 1842, Lord Ma­hon ob­ta­ined per­mis­si­on to bring in a bill to amend the Law of Cop­y­right. This bill ex­ten­ded the term of Cop­y­right in a bo­ok to twen­ty-fi­ve ye­ars, rec­ko­ned from the de­ath of the aut­hor.

  On the sixth of Ap­ril the
Ho­use went in­to Com­mit­tee on the bill, and Mr Gre­ene to­ok the Cha­ir. Se­ve­ral di­vi­si­ons to­ok pla­ce, of which the re­sult was that the plan sug­ges­ted in the fol­lo­wing Spe­ech was, with so­me mo­di­fi­ca­ti­ons, adop­ted.

  Mr Gre­ene,-I ha­ve be­en amu­sed and gra­ti­fi­ed by the re­marks which my nob­le fri­end (Lord Ma­hon.) has ma­de on the ar­gu­ments by which I pre­va­iled on the last Ho­use of Com­mons to re­j­ect the bill in­t­ro­du­ced by a very ab­le and ac­com­p­lis­hed man, Mr Se­rj­e­ant Tal­fo­urd. My nob­le fri­end has do­ne me a high and ra­re ho­no­ur. For this is, I be­li­eve, the first oc­ca­si­on on which a spe­ech ma­de in one Par­li­ament has be­en an­s­we­red in anot­her. I sho­uld not find it dif­fi­cult to vin­di­ca­te the so­un­d­ness of the re­asons which I for­merly ur­ged, to set them in a cle­arer light, and to for­tify them by ad­di­ti­onal facts. But it se­ems to me that we had bet­ter dis­cuss the bill which is now on our tab­le than the bill which was the­re fo­ur­te­en months ago. Glad I am to find that the­re is a very wi­de dif­fe­ren­ce bet­we­en the two bills, and that my nob­le fri­end, tho­ugh he has tri­ed to re­fu­te my ar­gu­ments, has ac­ted as if he had be­en con­vin­ced by them. I obj­ec­ted to the term of sixty ye­ars as far too long. My nob­le fri­end has cut that term down to twen­ty-fi­ve ye­ars. I war­ned the Ho­use that, un­der the pro­vi­si­ons of Mr Se­rj­e­ant Tal­fo­urd's bill, va­lu­ab­le works might not im­p­ro­bably be sup­pres­sed by the rep­re­sen­ta­ti­ves of aut­hors. My nob­le fri­end has pre­pa­red a cla­use which, as he thinks, will gu­ard aga­inst that dan­ger. I will not, the­re­fo­re, was­te the ti­me of the Com­mit­tee by de­ba­ting po­ints which he has con­ce­ded, but will pro­ce­ed at on­ce to the pro­per bu­si­ness of this eve­ning.

  Sir, I ha­ve no obj­ec­ti­on to the prin­cip­le of my nob­le fri­end's bill. In­de­ed, I had no obj­ec­ti­on to the prin­cip­le of the bill of last ye­ar. I ha­ve long tho­ught that the term of cop­y­right ought to be ex­ten­ded. When Mr Se­rj­e­ant Tal­fo­urd mo­ved for le­ave to bring in his bill, I did not op­po­se the mo­ti­on. In­de­ed I me­ant to vo­te for the se­cond re­ading, and to re­ser­ve what I had to say for the Com­mit­tee. But the le­ar­ned Se­rj­e­ant left me no cho­ice. He, in strong lan­gu­age, beg­ged that no­body who was dis­po­sed to re­du­ce the term of sixty ye­ars wo­uld di­vi­de with him. "Do not," he sa­id, "gi­ve me yo­ur sup­port, if all that you me­an to grant to men of let­ters is a mi­se­rab­le ad­di­ti­on of fo­ur­te­en or fif­te­en ye­ars to the pre­sent term. I do not wish for such sup­port. I des­pi­se it." Not wis­hing to ob­t­ru­de on the le­ar­ned Se­rj­e­ant a sup­port which he des­pi­sed, I had no co­ur­se left but to ta­ke the sen­se of the Ho­use on the se­cond re­ading. The cir­cum­s­tan­ces are now dif­fe­rent. My nob­le fri­end's bill is not at pre­sent a go­od bill; but it may be im­p­ro­ved in­to a very go­od bill; nor will he, I am per­su­aded, wit­h­d­raw it if it sho­uld be so im­p­ro­ved. He and I ha­ve the sa­me obj­ect in vi­ew; but we dif­fer as to the best mo­de of at­ta­ining that obj­ect. We are equ­al­ly de­si­ro­us to ex­tend the pro­tec­ti­on now enj­oyed by wri­ters. In what way it may be ex­ten­ded with most be­ne­fit to them and with le­ast in­con­ve­ni­en­ce to the pub­lic, is the qu­es­ti­on.

  The pre­sent sta­te of the law is this. The aut­hor of a work has a cer­ta­in cop­y­right in that work for a term of twen­ty-eight ye­ars. If he sho­uld li­ve mo­re than twen­ty-eight ye­ars af­ter the pub­li­ca­ti­on of the work, he re­ta­ins the cop­y­right to the end of his li­fe.

  My nob­le fri­end do­es not pro­po­se to ma­ke any ad­di­ti­on to the term of twen­ty-eight ye­ars. But he pro­po­ses that the cop­y­right shall last twen­ty-fi­ve ye­ars af­ter the aut­hor's de­ath. Thus my nob­le fri­end ma­kes no ad­di­ti­on to that term which is cer­ta­in, but ma­kes a very lar­ge ad­di­ti­on to that term which is un­cer­ta­in.

  My plan is dif­fe­rent. I wo­uld ma­de no ad­di­ti­on to the un­cer­ta­in term; but I wo­uld ma­ke a lar­ge ad­di­ti­on to the cer­ta­in term. I pro­po­se to add fo­ur­te­en ye­ars to the twen­ty-eight ye­ars which the law now al­lows to an aut­hor. His cop­y­right will, in this way, last till his de­ath, or till the ex­pi­ra­ti­on of for­ty-two ye­ars, whic­he­ver shall first hap­pen. And I think that I shall be ab­le to pro­ve to the sa­tis­fac­ti­on of the Com­mit­tee that my plan will be mo­re be­ne­fi­ci­al to li­te­ra­tu­re and to li­te­rary men than the plan of my nob­le fri­end.

  It must su­rely, Sir, be ad­mit­ted that the pro­tec­ti­on which we gi­ve to bo­oks ought to be dis­t­ri­bu­ted as evenly as pos­sib­le, that every bo­ok sho­uld ha­ve a fa­ir sha­re of that pro­tec­ti­on, and no bo­ok mo­re than a fa­ir sha­re. It wo­uld evi­dently be ab­surd to put tic­kets in­to a whe­el, with dif­fe­rent num­bers mar­ked upon them, and to ma­ke wri­ters draw, one a term of twen­ty-eight ye­ars, anot­her a term of fifty, anot­her a term of ni­nety. And yet this sort of lot­tery is what my nob­le fri­end pro­po­ses to es­tab­lish. I know that we can­not al­to­get­her ex­c­lu­de chan­ce. You ha­ve two terms of cop­y­right; one cer­ta­in, the ot­her un­cer­ta­in; and we can­not, I ad­mit, get rid of the un­cer­ta­in term. It is pro­per, no do­ubt, that an aut­hor's cop­y­right sho­uld last du­ring his li­fe. But, Sir, tho­ugh we can­not al­to­get­her ex­c­lu­de chan­ce, we can very much di­mi­nish the sha­re which chan­ce must ha­ve in dis­t­ri­bu­ting the re­com­pen­se which we wish to gi­ve to ge­ni­us and le­ar­ning. By every ad­di­ti­on which we ma­ke to the cer­ta­in term we di­mi­nish the in­f­lu­en­ce of chan­ce; by every ad­di­ti­on which we ma­ke to the un­cer­ta­in term we in­c­re­ase the in­f­lu­en­ce of chan­ce. I shall ma­ke myself best un­der­s­to­od by put­ting ca­ses. Ta­ke two emi­nent fe­ma­le wri­ters, who di­ed wit­hin our own me­mory, Ma­da­me D'Arblay and Miss Aus­ten. As the law now stands, Miss Aus­ten's char­ming no­vels wo­uld ha­ve only from twen­ty-eight to thir­ty-th­ree ye­ars of cop­y­right. For that ex­t­ra­or­di­nary wo­man di­ed yo­ung: she di­ed be­fo­re her ge­ni­us was fully ap­pre­ci­ated by the world. Ma­da­me D'Arblay out­li­ved the who­le ge­ne­ra­ti­on to which she be­lon­ged. The cop­y­right of her ce­leb­ra­ted no­vel, Eve­li­na, las­ted, un­der the pre­sent law, six­ty-two ye­ars. Su­rely this ine­qu­ality is suf­fi­ci­ently gre­at-six­ty-two ye­ars of cop­y­right for Eve­li­na, only twen­ty-eight for Per­su­asi­on. But to my nob­le fri­end this ine­qu­ality se­ems not gre­at eno­ugh. He pro­po­ses to add twen­ty-fi­ve ye­ars to Ma­da­me D'Arblay's term, and not a sin­g­le day to Miss Aus­ten's term. He wo­uld gi­ve to Per­su­asi­on a cop­y­right of only twen­ty-eight ye­ars, as at pre­sent, and to Eve­li­na a cop­y­right mo­re than three ti­mes as long, a cop­y­right of eighty- se­ven ye­ars. Now, is this re­aso­nab­le? See, on the ot­her hand, the ope­ra­ti­on of my plan. I ma­ke no ad­di­ti­on at all to Ma­da­me D'Arblay's term of six­ty-two ye­ars, which is, in my opi­ni­on, qu­ite long eno­ugh; but I ex­tend Miss Aus­ten's term to for­ty-two ye­ars, which is, in my opi­ni­on, not too much. You see, Sir, that at pre­sent chan­ce has too much sway in this mat­ter: that at pre­sent the pro­tec­ti­on which the Sta­te gi­ves to let­ters is very une­qu­al­ly gi­ven. You see that if my nob­le fri­end's plan be adop­ted, mo­re will be left to chan­ce than un­der the pre­sent system, and you will ha­ve such ine­qu­ali­ti­es as are un­k­nown un­der the pre­sent system. You see al­so that, un­der the system which I re­com­mend, we shall ha­ve, not per­fect cer­ta­inty, not per­fect equ­ality, but much less un­cer­ta­inty and ine­qu­ality than at pre­sent.

 

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