What is the excuse? It is that the author who produced that book has had the profit of it long enough, and therefore the Government takes a profit which does not belong to it and generously gives it to the 88,000,000 of people. But it doesn’t do anything of the kind. It merely takes the author’s property, takes his children’s bread, and gives the publisher double profit. He goes on publishing the book and as many of his confederates as choose to go into the conspiracy do so, and they rear families in affluence.
And they continue the enjoyment of those ill-gotten gains generation after generation forever, for they never die. In a few weeks or months or years I shall be out of it, I hope under a monument. I hope I shall not be entirely forgotten, and I shall subscribe to the monument myself. But I shall not be caring what happens if there are fifty years left of my copyright. My copyright produces annually a good deal more than I can use, but my children can use it. I can get along; I know a lot of trades. But that goes to my daughters, who can’t get along as well as I can because I have carefully raised them as young ladies, who don’t know anything and can’t do anything. I hope Congress will extend to them the charity which they have failed to get from me.
Why, if a man who is not even mad, but only strenuous—strenuous about race-suicide—should come to me and try to get me to use my large political and ecclesiastical influence to get a bill passed by this Congress limiting families to twenty-two children by one mother, I should try to calm him down. I should reason with him. I should say to him, “Leave it alone. Leave it alone and it will take care of itself. Only one couple a year in the United States can reach that limit. If they have reached that limit let them go right on. Let them have all the liberty they want. In restricting that family to twenty-two children you are merely conferring discomfort and unhappiness on one family per year in a nation of 88,000,000, which is not worth while.”
It is the very same with copyright. One author per year produces a book which can outlive the forty-two-year limit; that’s all. This nation can’t produce two authors a year that can do it; the thing is demonstrably impossible. All that the limited copyright can do is to take the bread out of the mouths of the children of that one author per year.
I made an estimate some years ago, when I appeared before a committee of the House of Lords, that we had published in this country since the Declaration of Independence 220,000 books. They have all gone. They had all perished before they were ten years old. It is only one book in 1000 that can outlive the forty-two year limit. Therefore why put a limit at all? You might as well limit the family to twenty-two children.
If you recall the Americans in the nineteenth century who wrote books that lived forty-two years you will have to begin with Cooper; you can follow with Washington Irving, Harriet Beecher Stowe, Edgar Allan Poe, and there you have to wait a long time. You come to Emerson, and you have to stand still and look further. You find Howells and T. B. Aldrich, and then your numbers begin to run pretty thin, and you question if you can name twenty persons in the United States who—in a whole century have written books that would live forty-two years. Why, you could take them all and put them on one bench there [pointing]. Add the wives and children and you could put the result on, two or three more benches.
One hundred persons—that is the little, insignificant crowd whose bread-and-butter is to be taken away for what purpose, for what profit to anybody? You turn these few books into the hands of the pirate and of the legitimate publisher, too, and they get the profit that should have gone to the wife and children.
When I appeared before that committee of the House of Lords the chairman asked me what limit I would propose. I said, “Perpetuity.” I could see some resentment in his manner, and he said the idea was illogical, for the reason that it has long ago been decided that there can be no such thing as property in ideas. I said there was property in ideas before Queen Anne’s time; they had perpetual copyright. He said, “What is a book? A book is just built from base to roof on ideas, and there can be no property in it.”
I said I wished he could mention any kind of property on this planet that had a pecuniary value which was not derived from an idea or ideas.
He said real estate. I put a supposititious case, a dozen Englishmen who travel through South Africa and camp out, and eleven of them see nothing at all; they are mentally blind. But there is one in the party who knows what this harbor means and what the lay of the land means. To him it means that some day a railway will go through here, and there on that harbor a great city will spring up. That is his idea. And he has another idea, which is to go and trade his last bottle of Scotch whiskey and his last horse-blanket to the principal chief of that region and buy a piece of land the size of Pennsylvania.