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A
SPEECH DELIVERED IN THE HOUSE OF COMMONS ON THE 5TH OF FEBRUARY
1841.
On
the twenty-ninth of January 1841, Mr Serjeant Talfourd obtained
leave to bring in a bill to amend the law of copyright. The
object of this bill was to extend the term of copyright in
a book to sixty years, reckoned from the death of the writer.
On
the fifth of February Mr Serjeant Talfourd moved that the
bill should be read a second time. In reply to him the following
Speech was made. The bill was rejected by 45 votes to 38.
Though,
Sir, it is in some sense agreeable to approach a subject with
which political animosities have nothing to do, I offer myself
to your notice with some reluctance. 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 honourable
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 honourable 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. Few, I apprehend, even of those who have studied
in the most mystical and sentimental schools of moral philosophy,
will be disposed to maintain that there is a natural law of
succession older and of higher authority than any human code.
If there be, it is quite certain that we have abuses to reform
much more serious than any connected with the question of
copyright. For this natural law can be only one; and the modes
of succession in the Queen's dominions are twenty. To go no
further than England, land generally descends to the eldest
son. In Kent the sons share and share alike. In many districts
the youngest takes the whole. Formerly a portion of a man's
personal property was secured to his family; and it was only
of the residue that he could dispose by will. Now he can dispose
of the whole by will: but you limited his power, a few years
ago, by enacting that the will should not be valid unless
there were two witnesses. If a man dies intestate, his personal
property generally goes according to the statute of distributions;
but there are local customs which modify that statute. Now
which of all these systems is conformed to the eternal standard
of right? Is it primogeniture, or gavelkind, or borough English?
Are wills jure divino? Are the two witnesses jure divino?
Might not the pars rationabilis of our old law have a fair
claim to be regarded as of celestial institution? Was the
statute of distributions enacted in Heaven long before it
was adopted by Parliament? Or is it to Custom of York, or
to Custom of London, that this pre-eminence belongs? 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 honourable
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 recognise 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
grey. 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 honourable 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 withinthese walls that
they seek to signalise 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 labour.
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 favour 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 honourable
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 honourable 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 with safety 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
honourable 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 honourable
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 honourable
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. I will take an example. Dr Johnson died fifty-six
years ago. If the law were what my honourable and learned
friend wishes to make it, somebody would now have the monopoly
of Dr Johnson's works. Who that somebody would be it is impossible
to say; but we may venture to guess. I guess, then, that it
would have been some bookseller, who was the assign of another
bookseller, who was the grandson of a third bookseller, who
had bought the copyright from Black Frank, the doctor's servant
and residuary legatee, in 1785 or 1786. Now, would the knowledge
that this copyright would exist in 1841 have been a source
of gratification to Johnson? Would it have stimulated his
exertions? Would it have once drawn him out of his bed before
noon? Would it have once cheered him under a fit of the spleen?
Would it have induced him to give us one more allegory, one
more life of a poet, one more imitation of Juvenal? I firmly
believe not. I firmly believe that a hundred years ago, when
he was writing our debates for the Gentleman's Magazine, he
would very much rather have had twopence to buy a plate of
shin of beef at a cook's shop underground. Considered as a
reward to him, the difference between a twenty years' and
sixty years' term of posthumous copyright would have been
nothing or next to nothing. But is the difference nothing
to us? I can buy Rasselas for sixpence; I might have had to
give five shillings for it. I can buy the Dictionary, the
entire genuine Dictionary, for two guineas, perhaps for less;
I might have had to give five or six guineas for it. Do I
grudge this to a man like Dr Johnson? Not at all. Show me
that the prospect of this boon roused him to any vigorous
effort, or sustained his spirits under depressing circumstances,
and I am quite willing to pay the price of such an object,
heavy as that price is. But what I do complain of is that
my circumstances are to be worse, and Johnson's none the better;
that I am to give five pounds for what to him was not worth
a farthing.
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 honourable 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 honourable 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.
My
honourable and learned friend dwells on the claims of the
posterity of great writers. Undoubtedly, Sir, it would be
very pleasing to see a descendant of Shakespeare living in
opulence on the fruits of his great ancestor's genius. A house
maintained in splendour by such a patrimony would be a more
interesting and striking object than Blenheim is to us, or
than Strathfieldsaye will be to our children. But, unhappily,
it is scarcely possible that, under any system, such a thing
can come to pass. My honourable and learned friend does not
propose that copyright shall descend to the eldest son, or
shall be bound up by irrecoverable entail. It is to be merely
personal property. It is therefore highly improbable that
it will descend during sixty years or half that term from
parent to child. The chance is that more people than one will
have an interest in it. They will in all probability sell
it and divide the proceeds. The price which a bookseller will
give for it will bear no proportion to the sum which he will
afterwards draw from the public, if his speculation proves
successful. He will give little, if anything, more for a term
of sixty years than for a term of thirty or five and twenty.
The present value of a distant advantage is always small;
but when there is great room to doubt whether a distant advantage
will be any advantage at all, the present value sink to almost
nothing. Such is the inconstancy of the public taste that
no sensible man will venture to pronounce, with confidence,
what the sale of any book published in our days will be in
the years between 1890 and 1900. The whole fashion of thinking
and writing has often undergone a change in a much shorter
period than that to which my honourable and learned friend
would extend posthumous copyright. What would have been considered
the best literary property in the earlier part of Charles
the Second's reign? I imagine Cowley's Poems. Overleap sixty
years, and you are in the generation of which Pope asked,
"Who now reads Cowley?" What works were ever expected
with more impatience by the public than those of Lord Bolingbroke,
which appeared, I think, in 1754? In 1814, no bookseller would
have thanked you for the copyright of them all, if you had
offered it to him for nothing. What would Paternoster Row
give now for the copyright of Hayley's Triumphs of Temper,
so much admired within the memory of many people still living?
I say, therefore, that, from the very nature of literary property,
it will almost always pass away from an author's family; and
I say, that the price given for it to the family will bear
a very small proportion to the tax which the purchaser, if
his speculation turns out well, will in the course of a long
series of years levy on the public.
If,
Sir, I wished to find a strong and perfect illustration of
the effects which I anticipate from long copyright, I should
select,--my honourable and learned friend will be surprised,--I
should select the case of Milton's granddaughter. As often
as this bill has been under discussion, the fate of Milton's
granddaughter has been brought forward by the advocates of
monopoly. My honourable and learned friend has repeatedly
told the story with great eloquence and effect. He has dilated
on the sufferings, on the abject poverty, of this ill-fated
woman, the last of an illustrious race. He tells us that,
in the extremity of her distress, Garrick gave her a benefit,
that Johnson wrote a prologue, and that the public contributed
some hundreds of pounds. Was it fit, he asks, that she should
receive, in this eleemosynary form, a small portion of what
was in truth a debt? Why, he asks, instead of obtaining a
pittance from charity, did she not live in comfort and luxury
on the proceeds of the sale of her ancestor's works? But,
Sir, will my honourable and learned friend tell me that this
event, which he has so often and so pathetically described,
was caused by the shortness of the term of copyright? Why,
at that time, the duration of copyright was longer than even
he, at present, proposes to make it. The monopoly lasted,
not sixty years, but for ever. At the time at which Milton's
granddaughter asked charity, Milton's works were the exclusive
property of a bookseller. Within a few months of the day on
which the benefit was given at Garrick's theatre, the holder
of the copyright of Paradise Lost,--I think it was Tonson,--applied
to the Court of Chancery for an injunction against a bookseller
who had published a cheap edition of the great epic poem,
and obtained the injunction. The representation of Comus was,
if I remember rightly, in 1750; the injunction in 1752. Here,
then, is a perfect illustration of the effect of long copyright.
Milton's works are the property of a single publisher. Everybody
who wants them must buy them at Tonson's shop, and at Tonson's
price. Whoever attempts to undersell Tonson is harassedwith
legal proceedings. Thousands who would gladly possess a copy
of Paradise Lost, must forego that great enjoyment. Andwhat,
in the meantime, is the situation of the only person for whom
we can suppose that the author, protected at such a cost to
the public, was at all interested? She is reduced to utter
destitution. Milton's works are under a monopoly. Milton's
granddaughter is starving. The reader is pillaged; but the
writer's family is not enriched. Society is taxed doubly.
It has to give an exorbitant price for the poems; and it has
at the same time to give alms to the only surviving descendant
of the poet.
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 honourable 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 honourable 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 Shakspeare excepted, show more profound
knowledge of the human heart. As to their moral tendency,
I can cite the most respectable testimony. Dr Johnson describes
Richardson as one who had taught the passions to move at the
command of virtue. My dear and honoured friend, Mr Wilberforce,
in his celebrated religious treatise, when speaking of the
unchristian tendency of the fashionable novels of the eighteenth
century, distinctly excepts Richardson from the censure. Another
excellent person, whom I can never mention without respect
and kindness, Mrs Hannah More, often declared in conversation,
and has declared in one of her published poems, that she first
learned from the writings of Richardson those principles of
piety by which her life was guided. I may safely say that
books celebrated as works of art through the whole civilised
world, and praised for their moral tendency by Dr Johnson,
by Mr Wilberforce, by Mrs Hannah More, ought not to be suppressed.
Sir, it is my firm belief, that if the law had been what my
honourable 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 honourable
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 honourable
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 did not find the my honourable 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 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 whoholds 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. |