2. Real and personal property is in harmony with the social interest. In consequence of literary property, social and individual interests are perpetually in conflict.
The statement of this proposition contains a rhetorical figure, common with those who do not enjoy full and complete liberty of speech. This figure is the antiphrasis or contre-vérité. It consists, according to Dumarsais and the best humanists, in saying one thing while meaning another. M. Wolowski’s proposition, naturally expressed, would read as follows: “Just as real and personal property is essentially hostile to society, so, in consequence of literary property, social and individual interests are perpetually in conflict.”
3. M. de Montalembert, in the Chamber of Peers, vehemently protested against the assimilation of authors to inventors of machinery; an assimilation which he claimed to be injurious to the former. M. Wolowski replies, that the rights of authors, without machinery, would be nil; that, without paper-mills, type foundries, and printing-offices, there could be no sale of verse and prose; that many a mechanical invention—the compass, for instance, the telescope, or the steam-engine—is quite as valuable as a book.
Prior to M. Montalembert, M. Charles Comte had laughed at the inference in favor of mechanical inventions, which logical minds never fail to draw from the privileges granted to authors. “He,” says M. Comte, “who first conceived and executed the idea of transforming a piece of wood into a pair of sabots, or an animal’s hide into a pair of sandals, would thereby have acquired an exclusive right to make shoes for the human race!” Undoubtedly, under the system of property. For, in fact, this pair of sabots, over which you make so merry, is the creation of the shoemaker, the work of his genius, the expression of his thought; to him it is his poem, quite as much as Le Roi s’amuse, is M. Victor Hugo’s drama. Justice for all alike. If you refuse a patent to a perfecter of boots, refuse also a privilege to a maker of rhymes.
4. That which gives importance to a book is a fact external to the author and his work. Without the intelligence of society, without its development, and a certain community of ideas, passions, and interests between it and the authors, the works of the latter would be worth nothing. The exchangeable value of a book is due even more to the social condition than to the talent displayed in it.
Indeed, it seems as if I were copying my own words. This proposition of M. Wolowski contains a special expression of a general and absolute idea, one of the strongest and most conclusive against the right of property. Why do artists, like mechanics, find the means to live? Because society has made the fine arts, like the rudest industries, objects of consumption and exchange, governed consequently by all the laws of commerce and political economy. Now, the first of these laws is the equipoise of functions; that is, the equality of associates.
5. M. Wolowski indulges in sarcasm against the petitioners for literary property. “There are authors,” he says, “who crave the privileges of authors, and who for that purpose point out the power of the melodrama. They speak of the niece of Corneille, begging at the door of a theatre which the works of her uncle had enriched. … To satisfy the avarice of literary people, it would be necessary to create literary majorats, and make a whole code of exceptions.”
I like this virtuous irony. But M. Wolowski has by no means exhausted the difficulties which the question involves. And first, is it just that MM. Cousin, Guizot, Villemain, Damiron, and company, paid by the State for delivering lectures, should be paid a second time through the booksellers?—that I, who have the right to report their lectures, should not have the right to print them? Is it just that MM. Noel and Chapsal, overseers of the University, should use their influence in selling their selections from literature to the youth whose studies they are instructed to superintend in consideration of a salary? And, if that is not just, is it not proper to refuse literary property to every author holding public offices, and receiving pensions or sinecures?
Again, shall the privilege of the author extend to irreligious and immoral works, calculated only to corrupt the heart, and obscure the understanding? To grant this privilege is to sanction immorality by law; to refuse it is to censure the author. And since it is impossible, in the present imperfect state of society, to prevent all violations of the moral law, it will be necessary to open a license-office for books as well as morals. But, then, three-fourths of our literary people will be obliged to register; and, recognized thenceforth on their own declaration as prostitutes, they will necessarily belong to the public. We pay toll to the prostitute; we do not endow her.
Finally, shall plagiarism be classed with forgery? If you reply “Yes,” you appropriate in advance all the subjects of which books treat; if you say “No,” you leave the whole matter to the decision of the judge. Except in the case of a clandestine reprint, how will he distinguish forgery from quotation, imitation, plagiarism, or even coincidence? A savant spends two years in calculating a table of logarithms to nine or ten decimals. He prints it. A fortnight after his book is selling at half-price; it is impossible to tell whether this result is due to forgery or competition. What shall the court do? In case of doubt, shall it award the property to the first occupant? As well decide the question by lot.
These, however, are trifling considerations; but do we see that, in granting a perpetual privilege to authors and their heirs, we really strike a fatal blow at their interests? We think to make booksellers dependent upon authors—a delusion. The booksellers will
