For World 'Intellectual Property' Day, A Reading From Thomas Macaulay

from the check-it-out dept

As we mentioned recently, today is "World Intellectual Property Day," an event put together by the World Intellectual Property Organization (WIPO) to promote ever greater protectionism and mercantilism in favor of copyright holders and patent holders, while ignoring any impact on the public of those things. It's a fairly disgusting distortion of the claimed intent of intellectual property, which is often promoted for the claimed benefits it brings to the public, but extreme supporters, such as WIPO, are never willing to actually weigh out the pros and cons of copyrights and patents, and how over-protection and over-enforcement can cause serious problems for the public, innovators and creators.

I wasn't sure if I was going to write anything specifically about World IP Day, but Brandon Butler, the Director of Information Policy at the UVA Library put up an excellent suggestion on Twitter, that we should use "World IP Day" to re-read what Lord Thomas Macauley said in the UK Parliament back in 1841 when they were discussing copyright term expansion. We've pointed to it and quoted from it at length many times over the years, but even now, 176 years later, it still remains one of the best statements on how over-monopolizing ideas creates real harms. It's a part of the lesson that supporters of copyright and patents either ignore or wish to hide. So we will post it here in its entirety (after all, it's in the public domain):

Thomas Babington Macaulay
First Speech to the House of Commons on Copyright

February 5, 1841

It is painful to me to take a course which may possibly be misunderstood or misrepresented as unfriendly to the interests of literature and literary men. It is painful to me, I will add, to oppose my honorable and learned friend on a question which he has taken up from the purest motives, and which he regards with a parental interest. These feelings have hitherto kept me silent when the law of copyright has been under discussion. But as I am, on full consideration, satisfied that the measure before us will, if adopted, inflict grievous injury on the public, without conferring any compensating advantage on men of letters, I think it my duty to avow that opinion and to defend it.

The first thing to be done. Sir, is to settle on what principles the question is to be argued. Are we free to legislate for the public good, or are we not? Is this a question of expediency, or is it a question of right? Many of those who have written and petitioned against the existing state of things treat the question as one of right. The law of nature, according to them, gives to every man a sacred and indefeasible property in his own ideas, in the fruits of his own reason and imagination. The legislature has indeed the power to take away this property, just as it has the power to pass an act of attainder for cutting off an innocent man’s head without a trial. But, as such an act of attainder would be legal murder, so would an act invading the right of an author to his copy be, according to these gentlemen, legal robbery.

Now, Sir, if this be so, let justice be done, cost what it may. I am not prepared, like my honorable and learned friend, to agree to a compromise between right and expediency, and to commit an injustice for the public convenience. But I must say, that his theory soars far beyond the reach of my faculties. It is not necessary to go, on the present occasion, into a metaphysical inquiry about the origin of the right of property; and certainly nothing but the strongest necessity would lead me to discuss a subject so likely to be distasteful to the House. I agree, I own, with Paley in thinking that property is the creature of the law, and that the law which creates property can be defended only on this ground, that it is a law beneficial to mankind. But it is unnecessary to debate that point. For, even if I believed in a natural right of property, independent of utility and anterior to legislation, I should still deny that this right could survive the original proprietor. . . . Surely, Sir, even those who hold that there is a natural right of property must admit that rules prescribing the manner in which the effects of deceased persons shall be distributed are purely arbitrary, and originate altogether in the will of the legislature. If so. Sir, there is no controversy between my honorable and learned friend and myself as to the principles on which this question is to be argued. For the existing law gives an author copyright during his natural life; nor do I propose to invade that privilege, which I should, on the contrary, be prepared to defend strenuously against any assailant. The only point in issue between us is, how long after an author’s death the state shall recognize a copyright in his representatives and assigns; and it can, I think, hardly be disputed by any rational man that this is a point which the legislature is free to determine in the way which may appear to be most conducive to the general good.

We may now, therefore, I think, descend from these high regions, where we are in danger of being lost in the clouds, to firm ground and clear light. Let us look at this question like legislators, and after fairly balancing conveniences and inconveniences, pronounce between the existing law of copyright, and the law now proposed to us. The question of copyright. Sir, like most questions of civil prudence, is neither black nor white, but gray. The system of copyright has great advantages and great disadvantages; and it is our business to ascertain what these are, and then to make an arrangement under which the advantages may be as far as possible secured, and the disadvantages as far as possible excluded. The charge which I bring against my honorable and learned friend’s bill is this, that it leaves the advantages nearly what they are at present, and increases the disadvantages at least fourfold.

The advantages arising from a system of copyright are obvious. It is desirable that we should have a supply of good books; we cannot have such a supply unless men of letters are liberally remunerated: and the least objectionable way of remunerating them is by means of copyright. You cannot depend for literary instruction and amusement on the leisure of men occupied in the pursuits of active life. Such men may occasionally produce compositions of great merit. But you must not look to such men for works which require deep meditation and long research. Works of that kind you can expect only from persons who make literature the business of their lives. Of these persons few will be found among the rich and the noble. The rich and the noble are not impelled to intellectual exertion by necessity. They may be impelled to intellectual exertion by the desire of distinguishing themselves, or by the desire of benefiting the community. But it is generally within these walls that they seek to signalize themselves and to serve their fellow-creatures. Both their ambition and their public spirit, in a country like this, naturally take a political turn. It is then on men whose profession is literature, and whose private means are not ample, that you must rely for a supply of valuable books. Such men must be remunerated for their literary labor. And there are only two ways in which they can be remunerated. One of those ways is patronage; the other is copyright.

There have been times in which men of letters looked, not to the public, but to the government, or to a few great men, for the reward of their exertions. It was thus in the time of Maecenas and Pollio at Rome, of the Medici at Florence, of Louis the Fourteenth in France, of Lord Halifax and Lord Oxford in this country. Now, Sir, I well know that there are cases in which it is fit and graceful, nay, in which it is a sacred duty to reward the merits or to relieve the distresses of men of genius by the exercise of this species of liberality. But these cases are exceptions. I can conceive no system more fatal to the integrity and independence of literary men than one under which they should be taught to look for their daily bread to the favor of ministers and nobles. I can conceive no system more certain to turn those minds which are formed by nature to be the blessings and ornaments of our species into public scandals and pests.

We have, then, only one resource left. We must betake ourselves to copyright, be the inconveniences of copyright what they may. Those in­con­ve­ni­ences, in truth, are neither few nor small. Copyright is monopoly, and produces all the effects which the general voice of mankind attributes to monopoly. My honorable and learned friend talks very contemptuously of those who are led away by the theory that monopoly makes things dear. That monopoly makes things dear is certainly a theory, as all the great truths which have been established by the experience of all ages and nations, and which are taken for granted in all reasonings, may be said to be theories. It is a theory in the same sense in which it is a theory that day and night follow each other, that lead is heavier than water, that bread nourishes, that arsenic poisons, that alcohol intoxicates.

If, as my honorable and learned friend seems to think, the whole world is in the wrong on this point, if the real effect of monopoly is to make articles good and cheap, why does he stop short in his career of change? Why does he limit the operation of so salutary a principle to sixty years? Why does he consent to anything short of a perpetuity? He told us that in consenting to anything short of a perpetuity he was making a compromise between extreme right and expediency. But if his opinion about monopoly be correct, extreme right and expediency would coincide. Or rather, why should we not restore the monopoly of the East India trade to the East India Company? Why should we not revive all those old monopolies which, in Elizabeth’s reign, galled our fathers so severely that, maddened by intolerable wrong, they opposed to their sovereign a resistance before which her haughty spirit quailed for the first and for the last time? Was it the cheapness and excellence of commodities that then so violently stirred the indignation of the English people? I believe. Sir, that I may safely take it for granted that the effect of monopoly generally is to make articles scarce, to make them dear, and to make them bad. And I may with equal safety challenge my honorable friend to find out any distinction between copyright and other privileges of the same kind; any reason why a monopoly of books should produce an effect directly the reverse of that which was produced by the East India Company’s monopoly of tea, or by Lord Essex’s monopoly of sweet wines. Thus, then, stands the case. It is good that authors should be remunerated; and the least exceptionable way of remunerating them is by a monopoly. Yet monopoly is an evil. For the sake of the good we must submit to the evil; but the evil ought not to last a day longer than is necessary for the purpose of securing the good.

Now, I will not affirm that the existing law is perfect, that it exactly hits the point at which the monopoly ought to cease; but this I confidently say, that the existing law is very much nearer that point than the law proposed by my honorable and learned friend. For consider this; the evil effects of the monopoly are proportioned to the length of its duration. But the good effects for the sake of which we bear with the evil effects are by no means proportioned to the length of its duration. A monopoly of sixty years produces twice as much evil as a monopoly of thirty years, and thrice as much evil as a monopoly of twenty years. But it is by no means the fact that a posthumous monopoly of sixty years gives to an author thrice as much pleasure and thrice as strong a motive as a posthumous monopoly of twenty years. On the contrary, the difference is so small as to be hardly perceptible. We all know how faintly we are affected by the prospect of very distant advantages, even when they are advantages which we may reasonably hope that we shall ourselves enjoy. But an advantage that is to be enjoyed more than half a century after we are dead, by somebody, we know not by whom, perhaps by somebody unborn, by somebody utterly unconnected with us, is really no motive at all to action. It is very probable that in the course of some generations land in the unexplored and unmapped heart of the Australasian continent will be very valuable. But there is none of us who would lay down five pounds for a whole province in the heart of the Australasian continent. We know, that neither we, nor anybody for whom we care, will ever receive a farthing of rent from such a province. And a man is very little moved by the thought that in the year 2000 or 2100, somebody who claims through him will employ more shepherds than Prince Esterhazy, and will have the finest house and gallery of pictures at Victoria or Sydney. Now, this is the sort of boon which my honorable and learned friend holds out to authors. Considered as a boon to them, it is a mere nullity; but considered as an impost on the public, it is no nullity, but a very serious and pernicious reality.

The principle of copyright is this. It is a tax on readers for the purpose of giving a bounty to writers. The tax is an exceedingly bad one; it is a tax on one of the most innocent and most salutary of human pleasures; and never let us forget, that a tax on innocent pleasures is a premium on vicious pleasures. I admit, however, the necessity of giving a bounty to genius and learning. In order to give such a bounty, I willingly submit even to this severe and burdensome tax. Nay, I am ready to increase the tax, if it can be shown that by so doing I should proportionally increase the bounty. My complaint is, that my honorable and learned friend doubles, triples, quadruples, the tax, and makes scarcely any perceptible addition to the bounty. Why, Sir, what is the additional amount of taxation which would have been levied on the public for Dr. Johnson’s works alone, if my honorable and learned friend’s bill had been the law of the land? I have not data sufficient to form an opinion. But I am confident that the taxation on his dictionary alone would have amounted to many thousands of pounds. In reckoning the whole additional sum which the holders of his copyrights would have taken out of the pockets of the public during the last half century at twenty thousand pounds, I feel satisfied that I very greatly underrate it. Now, I again say that I think it but fair that we should pay twenty thousand pounds in consideration of twenty thousand pounds’ worth of pleasure and encouragement received by Dr. Johnson. But I think it very hard that we should pay twenty thousand pounds for what he would not have valued at five shillings.

But this is not all. I think it right, Sir, to call the attention of the House to an evil, which is perhaps more to be apprehended when an author’s copyright remains in the hands of his family, than when it is transferred to booksellers. I seriously fear that, if such a measure as this should be adopted, many valuable works will be either totally suppressed or grievously mutilated. I can prove that this danger is not chimerical; and I am quite certain that, if the danger be real, the safeguards which my honorable and learned friend has devised are altogether nugatory. That the danger is not chimerical may easily be shown. Most of us, I am sure, have known persons who, very erroneously as I think, but from the best motives, would not choose to reprint Fielding’s novels or Gibbon’s “History of the Decline and Fall of the Roman Empire.” Some gentlemen may perhaps be of opinion that it would be as well if “Tom Jones” and Gibbon’s “History” were never reprinted. I will not, then, dwell on these or similar cases. I will take cases respecting which it is not likely that there will be any difference of opinion here; cases, too, in which the danger of which I now speak is not matter of supposition, but matter of fact.

Take Richardson’s novels. Whatever I may, on the present occasion, think of my honorable and learned friend’s judgment as a legislator, I must always respect his judgment as a critic. He will, I am sure, say that Richardson’s novels are among the most valuable, among the most original, works in our language. No writings have done more to raise the fame of English genius in foreign countries. No writings are more deeply pathetic. No writings, those of Shakespeare excepted, show more profound knowledge of the human heart. . . . Sir, it is my firm belief, that if the law had been what my honorable and learned friend proposes to make it, they would have been suppressed.

I remember Richardson’s grandson well; he was a clergyman in the city of London; he was a most upright and excellent man; but he had conceived a strong prejudice against works of fiction. He thought all novel-reading not only frivolous but sinful. He said,—this I state on the authority of one of his clerical brethren who is now a bishop,—he said that he had never thought it right to read one of his grandfather’s books. Suppose, Sir, that the law had been what my honorable and learned friend would make it. Suppose that the copyright of Richardson’s novels had descended, as might well have been the case, to this gentleman. I firmly believe that he would have thought it sinful to give them a wide circulation. I firmly believe that he would not for a hundred thousand pounds have deliberately done what he thought sinful. He would not have reprinted them.

And what protection does my honorable and learned friend give to the public in such a case? Why, Sir, what he proposes is this: if a book is not reprinted during five years, any person who wishes to reprint it may give notice in the London Gazette: the advertisement must be repeated three times: a year must elapse; and then, if the proprietor of the copyright does not put forth a new edition, he loses his exclusive privilege. Now, what protection is this to the public? What is a new edition? Does the law define the number of copies that make an edition? Does it limit the price of a copy? Are twelve copies on large paper, charged at thirty guineas each, an edition? It has been usual, when monopolies have been granted, to prescribe numbers and to limit prices. But I do not find that my honorable and learned friend proposes to do so in the present case. And, without some such provision, the security which he offers is manifestly illusory. It is my conviction that, under such a system as that which he recommends to us, a copy of “Clarissa” would have been as rare as an Aldus or a Caxton.

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 honorable and learned friend wishes to make it. Suppose that the copyright of Boswells “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.”

... 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.


Reader Comments

The First Word

Prophet

An thus we are living exactly what he predicted, 176 years later. The man was a prophet. Or simply sane. I'll gladly reproduce the prophecy below and give it first word. The MAFIAA has been shooting themselves in the feet for decades now and people couldn't care less with copyright.





" ... 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."
—Ninja

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  • icon
    TechDescartes (profile), 26 Apr 2017 @ 4:36pm

    Life +

    The principle of copyright is this. It is a tax on readers for the purpose of giving a bounty to writers. The tax is an exceedingly bad one; it is a tax on one of the most innocent and most salutary of human pleasures; and never let us forget, that a tax on innocent pleasures is a premium on vicious pleasures. I admit, however, the necessity of giving a bounty to genius and learning. In order to give such a bounty, I willingly submit even to this severe and burdensome tax. Nay, I am ready to increase the tax, if it can be shown that by so doing I should proportionally increase the bounty. My complaint is, that my honorable and learned friend doubles, triples, quadruples, the tax, and makes scarcely any perceptible addition to the bounty.

    I'm just guessing he wouldn't have been too fond of "life +" copyright terms. It is well known that artists and authors produce fewer new works after they die.

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    • identicon
      David, 28 Apr 2017 @ 12:18am

      Re: Life +

      I find it reasonable to let an author write because of wanting to care for his wife and children. So life+0 would be decidedly unfair to old authors.

      On the other hand, this can be remedied easily enough by removing "life" from the equation. 25 years plus 25 years of renewal should be plenty. Now what about the uncertainty of old age when you don't know whether you'll actually make it to the renewal? Give the author the option to invoke the renewal any time in the first 25 years.

      That also lets him opt out of "screw-him-over" deals and making new ones at the cost of getting an earlier total expiration date. Particularly for short-lived high-interest content.

      More bargaining power to the artist and prospective boon for society. What's not to love?

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      • icon
        That One Guy (profile), 28 Apr 2017 @ 12:31am

        Re: Re: Life +

        Not so sure about the 25/25, as the data I've seen seems to indicate that most things lose most of their market value in a matter of years rather than decades, making a possible 50 years slightly excessive, but a set duration completely independent of lifespan, with the option to 'renew' early does seem like an interesting idea.

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  • identicon
    Anonymous Coward, 26 Apr 2017 @ 5:18pm

    Express what a world without copyright would look like and you get a cultural utopia.

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  • identicon
    Anonymous Coward, 26 Apr 2017 @ 5:26pm

    Tilting at windmills, what a strange hobby...

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  • identicon
    Anonymous Coward, 26 Apr 2017 @ 6:27pm

    Did you actually READ it? Does the stilted "English" confuse you?

    "The law of nature, according to them, gives to every man a sacred and indefeasible property in his own ideas, in the fruits of his own reason and imagination." -- As I've written in my plain midwest way: "I made it, therefore I own it." -- And that key point is usually hotly denied here!

    "For the existing law gives an author copyright during his natural life; nor do I propose to invade that privilege, which I should, on the contrary, be prepared to defend strenuously against any assailant." -- YOT. That includes YOU PIRATES.

    +++ "The only point in issue between us is, how long after an author's death the state shall recognize a copyright in his representatives and assigns;" -- Keep in mind that IS the sole point addressed: the rest could be written by an ??AA! I've written cut it off at 28 years as was true in my youth, but never allow for-profit reproduction after, because businesses/corporations are not the public, don't own it.

    "Those who invade copyright are regarded as knaves who take the bread out of the mouths of deserving men." -- As I've written: you pirates are seen by most people as thieves.

    "when once it ceases to be considered as wrong and discreditable to invade literary property, no person can say where the invasion will stop." -- As I've written: "piracy" of copyrighted works only leads to more theft; you pirates delight in breaking the law and will ignore all bounds.

    So perhaps I'm banned for plagiarism! I've given my version here previously. Impartial readers, IF any, can click on:
    https://www.techdirt.com/articles/20130607/10003223364/warner-bros-copyright-trolling-customers-n on-six-strikes-isps.shtml

    Going in at about 1825 Pacific time...

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    • identicon
      Anonymous Coward, 26 Apr 2017 @ 6:39pm

      Re: Did you actually READ it? Does the stilted "English" confuse you?

      You don't read the articles, out_of_the_blue. You're not really in a position to criticize anyone else.

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    • identicon
      Anonymous Coward, 27 Apr 2017 @ 5:34pm

      Re: Did you actually READ it? Does the stilted "English" confuse you?

      I like the irony of you putting I made it, therefore I own it, in quotes.

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  • identicon
    Anonymous Coward, 26 Apr 2017 @ 6:31pm

    Yot, comments so far suggest TL:DR, just picking out what appears to support piracy.

    No, this person doesn't support piracy, either. Sheesh.

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    • icon
      PaulT (profile), 27 Apr 2017 @ 2:52am

      Re: Yot, comments so far suggest TL:DR, just picking out what appears to support piracy.

      Quick hint, if your drooling and raving is obscuring your keyboard so much that you keep misspelling "you" in several comments, it might be time to calm down a bit. Maybe that will help insert some facts and logic into your obsessed ranting.

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  • identicon
    Christenson, 26 Apr 2017 @ 8:00pm

    Confession time....

    "I made it, I own it"? Don't you DARE quote me, you scoundrel!

    That's a rather long speech, tiresome to read...I might finish it later. The final paragraph sums it nicely

    At present the holder of copyright has the public feeling on his side.....

    A little TLDR formatting might help make the point better. And, in case you missed my sarcasm, please *do* quote me...for I become famous if you borrow my words and put them to good use.

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  • icon
    Bergman (profile), 27 Apr 2017 @ 5:01am

    World Intellectual Property Day?

    Sounds like the legacy content industries have a lot of governments WIPD.

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  • icon
    McFortner (profile), 27 Apr 2017 @ 6:48am

    My response

    I'd like to share my response, WIPO compliant, to this topic:











    Thank you.

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  • icon
    Ninja (profile), 27 Apr 2017 @ 7:19am

    Prophet

    An thus we are living exactly what he predicted, 176 years later. The man was a prophet. Or simply sane. I'll gladly reproduce the prophecy below and give it first word. The MAFIAA has been shooting themselves in the feet for decades now and people couldn't care less with copyright.





    " ... 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."

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 27 Apr 2017 @ 8:31am

      Re: Prophet

      I have to admit, reading to the end of that speech gave me a little tingle of prophecy. MacAulay's prescience on how utterly the public would turn against copyright as it became twisted past any pretense of public good, so many years ago, is rather breathtaking...

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    • icon
      Wyrm (profile), 27 Apr 2017 @ 3:26pm

      Re: Prophet

      The most astonishing part of this prophecy is how he didn't even know how Internet - more than a century later - would change the scope of copyright long after its duration became a joke.

      He spoke while still under the assumption that copyright was a matter of "authors" and "booksellers", not knowing how the means to create, copy and broadcast culture at a worldwide scale would be placed in the hands of just about everybody.

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  • identicon
    Anonymous Coward, 27 Apr 2017 @ 7:28am

    Patronage

    I can conceive no system more fatal to the integrity and independence of literary men than one under which they should be taught to look for their daily bread to the favor of ministers and nobles.

    That's what patronage looked like 176 years ago. Copying, 176 years ago, was basically impossible for the average person: monks could spend tons of time copying a book, or a rich person could use a printing press.

    Both of these things have completely changed: everyone can copy and publish data trivially, and they do; and people regularly get thousands of patrons, not just a single aristocrat. The decision needs to be revisited.

    reply to this | link to this | view in chronology ]

  • identicon
    David, 27 Apr 2017 @ 2:03pm

    "World Intellectual Property Day"?

    So what was the inspirational speech?

    "Hello World, this is Intellectual Property. You can't have it: that would be Public Domain, a quaint concept from before the calendar of A.M.D. (anno mortis Disneys). Shoo, go away. Nothing to be seen here unless you pay for a license."

    reply to this | link to this | view in chronology ]

  • identicon
    Châu, 27 Apr 2017 @ 6:11pm

    World Public Domain Day

    Also have world "Public Domain Day"? If no, need create a new holiday.

    reply to this | link to this | view in chronology ]

    • identicon
      David, 28 Apr 2017 @ 9:08am

      Re: World Public Domain Day

      "Public Domain Day" holiday? Employers will love being able to advertise a holiday that never happens. June 31st maybe?

      reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 28 Apr 2017 @ 7:46pm

    There's no such thing as "intellectual property".

    reply to this | link to this | view in chronology ]


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