Anarchism and Copyright

Excerpted from the book;
Individual Liberty: Selections From the Writings of Benjamin R. Tucker
Vanguard Press, New York, 1926
Kraus Reprint Co., Millwood, NY, 1973.

Not alone on the land question did Mr. Tucker find himself in disagreement with Henry George. In his newspaper, the Standard of June 23, 1888, the latter discussed with a correspondent the question of property in ideas. The editor of Liberty thus took exception to his arguments:

Mr. George, taking his stand upon the principle that productive labor is the true basis of the right of property, argues through three columns, with all the consummate ability for which credit should be given him, to the triumphant vindication of the position that there can rightfully be no such thing as the exclusive ownership of an idea.

No man, he says, "can justly claim ownership in natural laws, nor in any of the relations which may be perceived by the human mind, nor in any of the potentialities which nature holds for it...Ownership comes from production. It cannot come from discovery. Discovery can give no right of ownership...No man can discover anything which, so to speak, was not put there to be discovered, and which some one else might not in time have discovered. If he finds it, it was not lost. It, or its potentiality, existed before he came. It was there to be found...In the production of any material thing - a machine, for instance there are two separable parts, - the abstract idea of principle, which may be usually expressed by drawing, by writing, or by word of mouth; and the concrete form of the particular machine itself, which is produced by bringing together in certain relations certain quantities and qualities of matter, such as wood, steel, brass, brick, rubber, cloth, etc. There are two modes in which labor goes to the making of the machine, - the one in ascertaining the principle on which such machines can be made to work; the other in obtaining from their natural reservoirs and bringing together and fashioning into shape the quantities and qualities of matter which in their combination constitute the concrete machine. In the first mode labor is expended in discovery. In the second mode it is expended in production. The work of discovery may be done once for all, as in the case of the discovery in prehistoric time of the principle or idea of the wheelbarrow. But the work of production is required afresh in the case of each particular thing. No matter how many thousand millions of wheelbarrows have been produced, it requires fresh labor of production to make another one...The natural reward of labor expended in discovery is in the use that can be made of the discovery without interference with the right of any one else to use it. But to this natural reward our patent laws endeavor to add an artificial reward. Although the effect of giving to the discoverers of useful devices or processes an absolute right to their exclusive use would be to burden all industry with most grievous monopolies, and to greatly retard, if not put a stop to, further inventions, yet the theory of our patent laws is that we can stimulate discoveries by giving a modified right of ownership in their use for a term of years. In this we seek by special laws to give a special reward to labor expended in discovery, which does not belong to it of natural right, and is of the nature of a bounty. But as for labor expended in the second of these modes, - in the production of the machine by the bringing together in certain relations of certain quantities and qualities of matter, - we need no special laws to reward that. Absolute ownership attaches to the results of such labor, not by special law, but by common law. And if all human laws were abolished, men would still hold that, whether it were a wheelbarrow or a phonograph, the concrete thing belonged to the man who produced it. And this, not for a term of years, but in perpetuity. It would pass at his death to his heirs or to those to whom he devised it."

The whole of the preceding paragraph is quoted from Mr. George's article. I regard it as conclusive, unanswerable. It proceeds, it will be noticed, entirely by the method of ergo. But it is time for the philosopher to disappear. He has done his part of the work, which was the demolition of patents. Now it is the prestidigitator's turn. It remains for him to justify copyright, - that is, property, not in the ideas set forth in a book, but in the manner of expressing them. So juggler George steps upon the scene. Presto! he exclaims: "Over and above any 'labor of discovery' expended in thinking out what to say, is the 'labor of production' expended on how to say it." Observe how cunningly it is taken for granted here that the task of giving literary expression to an idea is labor of production rather than labor of discovery. But is it so? Right here comes in the juggler's trick; we will subject it to the philosopher's test. The latter has already been quoted: "The work of discovery may be done once for all...but the work of production is required afresh in the case of each particular thing." Can anything be plainer than that he who does the work of combining words for the expression of an idea saves just that amount of labor to all who thereafter choose to use the same words in the same order to express the same idea, and that this work, not being required afresh in each particular case, is not work of production, and that, not being work of production, it gives no right of property? In quoting Mr. George above I did not have to expend any labor on "how to say" what he had already said. He had saved me that trouble. I simply had to write and print the words on fresh sheets of paper. These sheets of paper belong to me, just as the sheets on which he wrote and printed belong to him. But the particular combination of words belongs to neither of us. He discovered it, it is true, but that fact gives him no right to it. Why not? Because, to use his own phrases, this combination of words "existed potentially before he came"; "it was there to be found"; and if he had not found it, some one else would or might have done so. The work of copying or printing books is analogous to the production of wheelbarrows, but the original work of the author, whether in thinking or composing, is analogous to the invention of the wheelbarrow; and the same argument that demolishes the right of the inventor demolishes the right of the author. The method of expressing an idea is itself an idea, and therefore not appropriable.

The End

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