There seems, however, to be an impression that there is a sort of
common right to print and publish books; but the slightest
reflection must convince any one that this would be a great injustice.
The reason of it is found simply in the fact that a book, regarded
from one point of view, is an external product of mechanical art (opus
mechanicum), that can be imitated by any one who may be in rightful
possession of a copy; and it is therefore his by a real right.
But, from another point of view, a book is not merely an external
thing, but is a discourse of the publisher to the public, and he is
only entitled to do this publicly under the mandate of the author
(praestatio operae); and this constitutes a personal right. The
error underlying the impression referred to, therefore, arises from an
interchange and confusion of these two kinds of right in relation to
books.
Confusion of Personal Right and Real Right.
The confusion of personal right with real right may be likewise
shown by reference to a difference of view in connection with
another contract, falling under the head of contracts of hiring (B II.
I), namely, the contract of lease (jus incolatus). The question is
raised as to whether a proprietor when he has sold a house or a
piece of ground held on lease, before the expiry of the period of
lease, was bound to add the condition of the continuance of the
lease to the contract of purchase; or whether it should be held that
"purchase breaks hire," of course under reservation of a period of
warning determined by the nature of the subject in use.
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