Prev | Current Page 98 | Next

Kant, Immanuel

"The Science Of Right"

The whole of a set of copies of the original
document is called an edition.
The Unauthorized Publishing of Books is Contrary to the
Principles of Right, and is Rightly Prohibited.
A writing is not an immediate direct presentation of a conception,
as is the case, for instance, with an engraving that exhibits a
portrait, or a bust or cast by a sculptor. It is a discourse addressed
in a particular form to the public; and the author may be said to
speak publicly by means of his publisher. The publisher, again, speaks
by the aid of the printer as his workman (operarius), yet not in his
own name, for otherwise he would be the author, but in the name of the
author; and he is only entitled to do so in virtue of a mandate
given him to that effect by the author. Now the unauthorized printer
and publisher speaks by an assumed authority in his publication; in
the name indeed of the author, but without a mandate to that effect
(gerit se mandatarium absque mandato). Consequently such an
unauthorized publication is a wrong committed upon the authorized
and only lawful publisher, as it amounts to a pilfering of the profits
which the latter was entitled and able to draw from the use of his
proper right (furtum usus). Unauthorized printing and publication of
books is, therefore, forbidden- as an act of counterfeit and piracy-
on the ground of right.


Pages:
86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110