The Sun.
London, England, 1839-02-28 00:00:00

28, 1839

jections, which had been supported by many eminent in-
dividuals who had devoted their lives to the improve-
ment of their fellow-creatures, he moved that the Bill be
read a second time that day six months.
Mr. WARBURTON seconded the amendment.
Mr. O'CONNEL L—Sir, I shall not detain the
House but for a very few minutes. I wish to record
my opinion in favour of this Bill. So far from it being
unfavourable to the diffusion of information, it is highly
favourable.—(Hear, hear.) The best mode of making
people acquainted with the arts and with knowledge is
to secure to the diffusers of knowledge their reward.—
(Hear, hear.) If there is any property in the world
which ought to be more secure than another it is the
emanations of genius.—(Hear, hear.) In everything
I else man requires the aid of some mechanical opera-
tioi, but in literature the work is exclusively his own—
( Hear, hear)—and as society is mainly based upon the
fixedness of property and the security of its transmis-
sion, surely that principle ought to be applied to the
highest and best species of property.—(Hear.) The
man who builds a house is allowed to transmit it
to his successors—ought not the man who increases the
stores of knowledge to derive the benefit of his la-
bours ?—( Hear, hear.) It is quite idle to talk of this
Bill increasing the price of works.—( Hear, hear.) I
this is a question se highly interesting in this enlightened
age, that it is not creditable that we should hesitate
about adopting the Bill. I shall give it my support.—
(Hear, hear.)
Mr. BAINES thought there was no measure that
could possibly be more injurious to the interests of lite-
rature than this Bill. The author now had the exclu-
sive right of publishing for twenty-eight years, and it
was sought to extend that right to sixty years. Con-
sider how that would operate on the spread of know-
ledge. Books would sell dearer than at present after the
expiration of the 28 years. Endless litigation would result
as to the difficulty of deciding upon the duration of the
copyright. The till would apply to Encyclopaedias
which had no claim to originality, being mostly compila-
tions from other works, and suppose that a passage was
inserted in the Encyclopaedia, two persons would be
disputing as to the right of copyright. He (Mr.
Baines) believed that authors generally were quite
satisfied with the law as it stood. The duration
of the copyright had already been extended
by the right of assignment for fourteen additional
years. This Bill would have an ex post facto effect by
extending to works already published. There was just
as much right to take from the author's term 14 years
as to deprive the public of 32 years' right—which was
the effect of this Bill. As far as he was personally
concerned he had an interest in the law of copyright
being extended, because he had several productions of
his own to which that law applied. The House would
therefore understand that he was not arguing this ques-
tion upon individual interests, but upon personal grounds.
He was sure that the House would be of opinion that
it was a subject for grave consideration, and one that
they would well weigh before they deprived the pub-
lic of a privilege which they had enjoyed for upwards
of 100 years. There could be no doubt that the persons
who had petitioned the House were interested parties.
In saying that he did not wish to underrate their great
abilities, but still he could not lose sight of the fact that
they were persons who were interested in the extension
of the present law of copyright. He would ask if the
House were disposed to extend the privileges of authors
to sixty years why should not a similar privilege be ex-
tended to patents ? What would the House say if a
patentee came to them, stating—" You have extended
the law of copyright to sixty years, now we have in-
vented improvements in machinery which required great
skill on our part, and we therefore ask you to grant the
same indulgence to us." How would the House meet
such a request ? It could not deny that such men as
Arkwright, Watt, and Sir R. Peel had not conferred
as much benefit on society as Sir 'Walter Scott : and if
they had conferred as much benefit, they had as much
right to expect protection as authors themselves.—
: (Cries of " Hear, hear.") His (Mr. Baines') only
object was to secure to the public all the benefit.;
which they ought to have ; and upon that principle, and
upon that principle alone, he was anxious that the law
• * should remain unaltered, being convinced that the law,
as it at present existed, was quite sufficient adequately
to reward authors, and protect the interests of the
• public.
Mr. WARBURTON rose amidst loud cries of
" Divide, divide." The present question was one of too
much importance to allow him to let it pass by, without
making a few comments. He considered the present
measure as an authors' Bill. It was such a Bill as the
House might expect to receive from parties who were
interested—it was, in fact, such a Bill as a carpenter, a
shoemaker, or a stonemason would draw for the protec-
time of their own interests—it was, in fact, a Bill in
which the interests of the public were not at all con •
sidered. Now what was the real state of the case ?
Why, the House had it in evidence upon its own re-
. cords in former Committees, that the pecuniary
value of the reversion of the copyright, after
the expiration of the author's life, or the
twenty-eight years was exceedingly small, but what
was the interest the public had in the reversion ? Why
it extended to them the right to publish works in a
cheap form, and such being the case, the interest in the
reversion to the public was of inestimable value. Could
the Hon. Member who brought forward this Bill ensure
, that the authors would not part with their works to
publishers, or that their descendants would not ? Was
it possible by any arrangement under the present Bill
that could be ensured? Certainly not. The House
could not prevent authors from falling into distress, or
from parting with their copyright in consequence of
pecuniary distress. The Hon. and Learned Member
had spoken of the public as if the matter was a mere
money question ; it was no such thing. What, he
would ask, was to be the reward of those who had laid
up money in order to educate themselves ?—why that
they should participate in the enjoyment of literary-
pursuits ; hut if the present Bill passed they would be
prevented from attaining so laudable an object. What
was the effect of this measure if it was not
to raise the price of works of authors ? If it did not
raise the price it would do nothing for them. If an
author was to obtain no more for.his work after twenty-
eight years than would be a fair return to a publisher for
printing the work, it would do authors no good. But it
had been assumed through the whole argument, and it
was clear that was the only object of the Bill, that it
would raise the price of their works, and if it did so, he
contended that it would operate as an injury to the
public. The present was not a question of money, be-
cause there would be many works which individuals
would feel it to be their interest to re-publish,
which brought nothing to the authors, and the ques-
tion would be whether by the exertions of some
booksellers the public should be instructed by the
' publication of some old work entirely out of print, or
by works the copyright of which had just expired.
It would be easy under that system to prevent a specu-
lator from re-publishing an important work. It would
be easy to reserve a hundred copies on an old shelf, and
to say "Oh, here are some copies ready for sale ;
you see it is not out of print." Thus the re-publication
of the most valuable works might be prevented. There
might be many political works of the highest importance
which would be of inestimable value if diffused among
the community, but which some party or some Govern-
ment might desire to suppress in order that the public
should not be enlightened on matters of the greatest
interest to them.—(A laugh.) Those Gentlemen might
laugh, as if such things were impossible ; but he believed
there were many political tracts of great importance,
which some politicians would be exceedingly glad to
suppress, particularly if those works promoted Liberal
opinions.—( Hear, hear.) Looking, then, at this ques-
tion as one of the highest importance as regarded the
public—as regarded education and its rewards, he hoped
the House of Commonv,, which ought to represent the
public interests--not the interests of a class, would not
allow the
.0111 to pass.—( Hear, hear.) If they did,
they would prevent the people from enjoying a great
part of those advantages which the invention of printing
had conferred upon them. If they were to follow the sug-
gestions of the Hon. Gentleman who sneered so severely
at cheap publications, they ought to make works
as scarce as they were before the invention
of printing, for that would by going but one
step beyond the project of raising the price of
works to an excessive degree.—(Hear, hear.) He
hoped that at the next stage this Bill would not be
brought before the House on a Wednesday
for on such nights they saw, by the presene., House,
that many Members of the House, and ts,
the Govern-
ment, who ought to take a part in tb`'..: discussion, were
absent. This was a measure wio.ich was of the highest
importance to the public---not even excepting the
Corn-laws.—(Hear.) When the Bill went into Com-
mittee he trusted_ its clauses would undergo a most care-
ful discusske'n.—(Hear.)
Si': R. INGLIS said the observations of the Hon.
eeentleman referred to the copyright, question, as such
he thought that under a protection of 28 years the
family of an author might gain as much as in the pro-
posed term of 60 years. Seeing the impatience of the
House, he would not detain them longer.
The SOLICITOR-GENERAL said that his Hon.
Friend who had just sat down had truly observed that
no objection could apply to this Bill which did not
apply to copyrights in general. If it could be done
consistently with the interests of the author, it would
be desirable that every book should be published at a
minimum price ; but unless something were added to
the price as an encouragement to authors, authors
would cease to produce. But, however, he thought On the 22d inst., at Leamiu,,ton, Mary, relict
the
that the present term was long enough. The Parker,of York,
Esq.,_ of Alkincoats in
Learned Gentleman had adduced the case of Mr. n Creed
the 23d inst., a.: sq.
•anomalous one—but there Ashford, Kent, Henry _
Wordsworth, which was an
ston, Esq.radOf Browsholine,
liugtowe
were cases analagous to this in the law. If the Hon. On the 24th inst. Lower-road,
Robert Red •
s at Suffolk-place, , fele'
Gentleman were to propose that the Privy Council7
Es aoed 67.
should extend the duration of patents, the evil he com-
__On tb.e 23d inst., Boley bk
-
plained of might be remedied, but he would maintain
armed 12.
eldest daughter of Captain Th
that, considering the interests of the public, the mini- On the
John
hill, Rochester,
daughter of
' only should be held out: as an inducement Esq.
otl:ie„-oth dist., Susanna, seconddaug
aged 2', treet,'
mum price
to authors. As an instance of the advantage of the dif-,t UPyCr Bedford-place, Russell-square,,
Benfick-s
On the 2,ath inst., at his residence, "No.'" f e Nan
fusion of cheap editions he would refer to the copies of Manches‘ B • Ott• B -er Esq., ,tr_square, aijet • at.] ,
004,
Paley's Natural Theology----an invaluable work, which Antietee, aeee 79. 0'
had been sold lately at 6d.. or Is. a number. No doubt w;"ri 46161.""1.1.11".277044r11 Y"'
the wi,tAd of many a man, in dwelling with the most -ondoo: Printed and Published by , Stran
1-14' I No. 112, Strand, at 77 Sun Office. 1-,;Q
fal anxiety on the most important of all questions, Wits t le
of socrnar_levu
he ',entity of it•litllesex.—Thursday, Febra'ArY 404