the two kinds of labor products
are so dissimilar that the ownership cannot be protected by like laws. In
this age of enlightenment such a proposition is absurd. The history of
copyright law seems to show that the treatment of property in brain
product has been based on this erroneous idea. To steal the paper on
which an author has put his brain work into visible, tangible form is in
all lands a crime, larceny, but to steal the brain work is not a crime.
The utmost extent to which our enlightened American legislators, at
almost the end of the nineteenth century, have gone in protecting
products of the brain has been to give the author power to sue in civil
courts, at large expense, the offender who has taken and sold his
property.
And what gross absurdity is the copyright law which limits even this poor
defense of author's property to a brief term of years, after the
expiration of which he or his children and heirs have no defense, no
recognized property whatever in his products.
And for some inexplicable reason this term of years in which he may be
said to own his property is divided into two terms, so that at the end of
the first he is compelled to re-assert his ownership by renewing his
copyright, or he must lose all ownership at the end of the short term.
It is manifest to all honest minds that if an author is entitled to own
his work for a term of years, it is equally the duty of his government to
make that ownership perpetual. He can own and protect and leave to his
children and his children's children by will the manuscript paper on
which he has written, and he should have equal right to leave to them
that mental product which constitutes the true money value of his labor.
It is unnecessary to say that the mental product is always as easy to be
identified as the physical product. Its identification is absolutely
certain to the intelligence of judges and juries. And it is apparent that
the interests of assignees, who are commonly publishers, are equal with
those of authors, in making absolute and perpetual this property in which
both are dealers.
Another consideration follows here. Why should the ownership of a bushel
of wheat, a piece of silk goods, a watch, or a handkerchief in the
possession of an American carried or sent to England, or brought thence
to this country, be absolute and unlimited, while the ownership of his
own products as an author or as a purchaser from an author is made
dependent on his
|