AbdulII.
III
mark Twain’s last suggestion
on copyright
A memorial respectfully tendered to
the members of the Senate
and the
house of representatives
(Prepared early in 1909 at the suggestion of Mr. Champ Clack but not offered. A bill adding fourteen years to the copyright period was passed about this time.)
The Policy of Congress:—Nineteen or twenty years ago James Russell Lowell, George Haven Putnam, and the under signed appeared before the Senate Committee on Patents in the interest of Copyright. Up to that time, as explained by Senator Platt, of Connecticut, the policy of Congress had been to limit the life of a copyright by a term of years, with one definite end in view, and only one—to wit, that after an author had been permitted to enjoy for a reasonable length of time the income from literary property created by his hand and brain the property should then be transferred “to the public” as a free gift. That is still the policy of Congress to-day.
The Purpose in View:—The purpose in view was clear: to so reduce the price of the book as to bring it within the reach of all purses, and spread it among the millions who had not been able to buy it while it was still under the protection of copyright.
The Purpose Defeated:—This purpose has always been defeated. That is to say, that while the death of a copyright has sometimes reduced the price of a book by a half for a while, and in some cases by even more, it has never reduced it vastly, nor accomplished any reduction that was permanent and secure.
The Reason:—The reason is simple: Congress has never made a reduction compulsory. Congress was convinced that the removal of the author’s royalty and the book’s consequent (or at least probable) dispersal among several competing publishers would make the book cheap by force of the competition. It was an error. It has not turned out so. The reason is, a publisher cannot find profit in an exceedingly cheap edition if he must divide the market with competitors.
Proposed Remedy:—The natural remedy would seem to be, amended law requiring the issue of cheap editions.