Domestic Encyclopædia (1802)/Literary Property

LITERARY PROPERTY, is that right which an author justly claims in his original literary compositions; so that no person may, without his permission, either publish the work, or receive any profit from the printed copies.

The question relative to literary property has only within these few years been conclusively settled.—The late Dr. Johnson was of opinion, that the bookseller, or he who purchases the copy-right of a book, acquires the sole right of printing it, and of selling the copies printed in conformity to the manuscript: but, at the same time, such purchaser has no right either to make any additions to, or to expunge any part from, the work, without previously obtaining the author's permission, who still preserves an interest in the performance. The Doctor farther maintained, that abridgements were strictly legal, however the property of the purchaser, or the reputation of the author, may be affected; because every work, that comes into the possession of a reader, is liable to be examined, confuted, censured, translated, and abridged.

The right of abridging books is, therefore, established both by reason and the customs of trade.—Independently of the copy-right naturally inherent by our common law, the statute 8 Ann, c. 19, declares the whole liberty of printing and re-printing a work, to be vested in an author, and his assigns, for the term of fourteen years, and no longer: such property is also protected by additional penalties and forfeitures.—By the same statute it is farther enacted, that if an author be living at the expiration of that period, his original interest shall revert to him for a similar term of years.—The 8 Geo. II. c. 13, and 7 Geo. III. c. 38, have judiciously extended the same privilege to the inventors of prints, and engravings, for the space of twenty-eight years.