CONSIDERATIONS ON THE CASE OF DR. T[RAPP]'S SERMONS.
ABRIDGED BY MR. CAVE, 1739.
1. That the copy of a book is the property of the author, and that he may, by sale, or otherwise, transfer that property to another, who has a right to be protected in the possession of that property, so transferred, is not to be denied.
2. That the complainants may be lawfully invested with the property of this copy, is likewise granted.
3. But the complainants have mistaken the nature of this property; and, in consequence of their mistake, have supposed it to be invaded by an act, in itself legal, and justifiable by an uninterrupted series of precedents, from the first establishment of printing, among us, down to the present time.
4. He that purchases the copy of a book, purchases the sole right of printing it, and of vending the books printed according to it; but has no right to add to it, or take from it, without the author's consent, who still preserves such a right in it, as follows from the right every man has to preserve his own reputation.
5. Every single book, so sold by the proprietor, becomes the property of the buyer, who purchases, with the book, the right of making such use of it as he shall think most convenient, either for his own improvement or amusement, or the benefit or entertainment of mankind.
6. This right the reader of a book may use, many ways, to the disadvantage both of the author and the proprietor, which yet they have not any right to complain of, because the author when he wrote, and the proprietor when he purchased the copy, knew, or ought to have known, that the one wrote, and the other purchased, under the hazard of such treatment from the buyer and reader, and without any security from the bad consequences of that treatment, except the excellence of the book.
7. Reputation and property are of different kinds; one kind of each is more necessary to be secured by the law than another, and the law has provided more effectually for its defence. My character as a man, a subject, or a trader, is under the protection of the law; but my reputation, as an author, is at the mercy of the reader, who lies under no other obligations to do me justice than those of religion and morality. If a man calls me rebel or bankrupt, I may prosecute and punish him; but, if a man calls me ideot or plagiary, I have no remedy; since, by selling him the book, I admit his privilege of judging, and declaring his judgment, and can appeal only to other readers, if I think myself injured.
8. In different characters we are more or less protected; to hiss a pleader at the bar would, perhaps, be deemed illegal and punishable, but to hiss a dramatick writer is justifiable by custom.