Excerpt from Copyright, Its Law and Its Literature: Being a Summary of the Principles and Law of Copyright, With Especial Reference to Books
Property right in unpublished works has never been effectively questioned - a fact which in itself confirms the view that intellectual property is a natural inherent right. The author has su; preme control over an unpublished work, and his manuscript cannot be utilized by creditors as assets without his consent. If he lends a copy to another, says Baron Parks, his right is not gone; if he sends it to another under an im plied undertaking that he is not to part with it or publish it he has a right to enforce that undertaking. The receiver of a letter, to whom the paper containing the writing has nu doubtedly been given, has no right to publish or otherwise use 'the letter without the writer's consent. The theory that by permitting copies to be made, an author dedicates his writing to the public, as an owner of land dedicates a road to the public by permitting public use of it for twenty-one years, overlooks the fact that in so doing the author only conveys to each holder of his book the right to individual use, and not the right to multiply copies, as though the landowner should not give but sell permission to individuals to pass over his road, without any permission to them to sell tickets for the same privilege to other people. The owner of a right does not forfeit a right by selling a privi lege.
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