part of the common stock. To find a parallel case,
let it be supposed that liberal men should, out of
their earnings, place at the disposal of the people
of your town stone, bricks, and lumber, in quantity
sufficient to find accommodation for hundreds of people
that were unable to provide for themselves; next suppose
that in this state of things your authorities should
say to any man or men, “Take these materials,
and procure lime in quantity sufficient to build a
house; employ carpenters, bricklayers, and architects,
and then, in consideration of having found the lime
and the workmanship, you shall have a right to charge
your own price to every person who may, for all times,
desire to occupy a room in it “; would this
be doing justice to the men who had given the raw materials
for public use? Would it be doing justice to
the community by which they had been given? Would
it not, on the contrary, be the height of injustice?
Unquestionably it would, and it would raise a storm
that would speedily displace the men who had thus
abused their trust. Their successors would then
say: “Messrs.—— our predecessors,
did what they had no right to do. These materials
are common property. They were given without fee
or reward, with a view to benefit the whole people
of our town, many of whom are badly accommodated,
while others are heavily taxed for helping those who
are unable to help themselves. To carry out the
views of the benevolent men to whom we are indebted
for all these stone, bricks, and lumber, they must
remain common property. You may, if you will,
convert them into a house, and, in consideration of
the labor and skill required for so doing, we will
grant you, during a certain time, the privilege of
letting the rooms, at your own price, to those who
desire to occupy them; but at the close of that time
the building must become common property, to be disposed
of as we please.” This is exactly what the
community says to the gentlemen who employ themselves
in converting its common property into books, and
to say more would be doing great injustice.
The length of time for which the building should be
thus granted would depend upon the number of persons
that would be likely to use the rooms, and the prices
they would be willing to pay. If lodgers were
likely to be few and poor, a long time would be required
to be given; but if, on the contrary, the community
were so great and prosperous as to render it certain
that all the rooms would be occupied every day in the
year, and at such prices as would speedily repay the
labor and skill that had been required, the time allowed
would be short. Here, as we see, the course of
things would be entirely different from that which
is observed in regard to books, the monopoly of which
has increased in length with the growth, in wealth
and number, of the consumers, and is now attempted,
by the aid of international copyright, to be extended
over millions of men who are yet exempt from its operation.