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Fichte: Proof of the Unlawfulness of Reprinting, Berlin (1793)
Source: Berlinische Monatschrift (1793), 443-482
Citation:
Fichte: Proof of the Unlawfulness of Reprinting, Berlin (1793), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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447
We can distinguish two aspects of a
book: its physical aspect, the printed
paper, and its ideal aspect. Ownership
of the former passes indisputably to the
buyer upon purchase of the book.
He can read it and lend it as often as
he likes; he can re-sell it to whomever he
wishes, and for as much or as little as he
wants or can get; he can tear it to pieces
or burn it - and who could quarrel with him?
But since people seldom buy a book for
such purposes, even less seldom just to
display its paper and print or to
paper the walls, they must assume that
when they buy a book they are also
acquiring a right to its ideal aspect.
This ideal aspect is in turn divisible
into a material aspect, the content of the
book, the ideas it presents; and the form
of these ideas, the way in which, the
combination in which, the phrasing and wording
in which they are presented. It is apparent
that simple transfer of the book to us does
not yet confer ownership of the former, for
ideas cannot simply be handed over or
bought for cash. They do not become ours
just by our picking up a book,
No Transcription available.
Source: Berlinische Monatschrift (1793), 443-482
Citation:
Fichte: Proof of the Unlawfulness of Reprinting, Berlin (1793), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | Commentaries: [1]
Translation only | Transcription only | Show all | Bundled images as pdf
447
We can distinguish two aspects of a
book: its physical aspect, the printed
paper, and its ideal aspect. Ownership
of the former passes indisputably to the
buyer upon purchase of the book.
He can read it and lend it as often as
he likes; he can re-sell it to whomever he
wishes, and for as much or as little as he
wants or can get; he can tear it to pieces
or burn it - and who could quarrel with him?
But since people seldom buy a book for
such purposes, even less seldom just to
display its paper and print or to
paper the walls, they must assume that
when they buy a book they are also
acquiring a right to its ideal aspect.
This ideal aspect is in turn divisible
into a material aspect, the content of the
book, the ideas it presents; and the form
of these ideas, the way in which, the
combination in which, the phrasing and wording
in which they are presented. It is apparent
that simple transfer of the book to us does
not yet confer ownership of the former, for
ideas cannot simply be handed over or
bought for cash. They do not become ours
just by our picking up a book,
No Transcription available.