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Louis d'Héricourt's memorandum, Paris (1725-1726)
Source: Bibliothèque nationale de France : Mss. Fr. 22072 n° 62
Citation:
Louis d'Héricourt's memorandum, Paris (1725-1726), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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2
only because this first observation will be the base and
foundation of the methods established in what follows, but
moreover because it alone would almost suffice to make palpable
the odiousness of these Booksellers' conduct, which consists in
requesting that the Protector of Justice clothe them in the
skinned hides of their Brothers, in contempt of that which men
should hold most sacred; and in demanding for their own ends the
destruction of the most important principles of Society.
We are all indeed aware that men intended by Nature for
Society, and thus for work which is its bond, necessarily form a
society in each state, to the benefit of which they mutually apply
their talents for the common good, and within which they have the
right to live by their labour, and to obtain from their industry a
legitimate profit which they may possess in confidence and peace of
mind, in order to provide for themselves and their families the
commodities of life; and to this end it is always necessary that they
retain a permanent and immutable right of property over the items
which they transfer to one another by sale, exchange, or otherwise,
without which their work would become useless; and they would
necessarily descend into a pernicious idleness if their liberty in
this respect were infringed even slightly.
It is also to prevent these disadvantages, and to stimulate men
to work, that reason has dictated to the wisest of them those Laws
which still serve amongst us as the rules of our Trade, and as
guarantees of our agreements.
Following these principles, which once set out require no further
proof, and whose fairness and necessity has been felt by all Nations,
there is no doubt that the fruit of men's labour in relation to the
state in which a Society is found represents the most significant
portion of their wealth, particularly as concerns businessmen; there is
thus no doubt that neither Citizens nor Foreigners may be permitted to
deprive men of the fruit of their labour without incurring the just
punishment that the Laws provide for those who disturb the public order.
FIRST PROPOSITION
It is certain, according to the principles just established, that it
is not by royal Privilege that Booksellers become the owners of the Works
they print, but solely by their acquisition of the Manuscript, the property
of which the author transfers to the Bookseller by means of the payment he
receives in return; the truth of this proposition can be demonstrated by two
observations which are as simple as they are natural.
Firstly, a Manuscript, in so far as it is not inimical to
Religion, the Laws of the State, and the interests of private Individuals, is
so much the property of its Author, that it is no more permissible to deprive
him of it than it is to deprive him of money, goods, or even land; since, as
we have observed, it is the fruit of his personal labour, which he must be at
liberty
No Transcription available.
Source: Bibliothèque nationale de France : Mss. Fr. 22072 n° 62
Citation:
Louis d'Héricourt's memorandum, Paris (1725-1726), 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
only because this first observation will be the base and
foundation of the methods established in what follows, but
moreover because it alone would almost suffice to make palpable
the odiousness of these Booksellers' conduct, which consists in
requesting that the Protector of Justice clothe them in the
skinned hides of their Brothers, in contempt of that which men
should hold most sacred; and in demanding for their own ends the
destruction of the most important principles of Society.
We are all indeed aware that men intended by Nature for
Society, and thus for work which is its bond, necessarily form a
society in each state, to the benefit of which they mutually apply
their talents for the common good, and within which they have the
right to live by their labour, and to obtain from their industry a
legitimate profit which they may possess in confidence and peace of
mind, in order to provide for themselves and their families the
commodities of life; and to this end it is always necessary that they
retain a permanent and immutable right of property over the items
which they transfer to one another by sale, exchange, or otherwise,
without which their work would become useless; and they would
necessarily descend into a pernicious idleness if their liberty in
this respect were infringed even slightly.
It is also to prevent these disadvantages, and to stimulate men
to work, that reason has dictated to the wisest of them those Laws
which still serve amongst us as the rules of our Trade, and as
guarantees of our agreements.
Following these principles, which once set out require no further
proof, and whose fairness and necessity has been felt by all Nations,
there is no doubt that the fruit of men's labour in relation to the
state in which a Society is found represents the most significant
portion of their wealth, particularly as concerns businessmen; there is
thus no doubt that neither Citizens nor Foreigners may be permitted to
deprive men of the fruit of their labour without incurring the just
punishment that the Laws provide for those who disturb the public order.
It is certain, according to the principles just established, that it
is not by royal Privilege that Booksellers become the owners of the Works
they print, but solely by their acquisition of the Manuscript, the property
of which the author transfers to the Bookseller by means of the payment he
receives in return; the truth of this proposition can be demonstrated by two
observations which are as simple as they are natural.
Firstly, a Manuscript, in so far as it is not inimical to
Religion, the Laws of the State, and the interests of private Individuals, is
so much the property of its Author, that it is no more permissible to deprive
him of it than it is to deprive him of money, goods, or even land; since, as
we have observed, it is the fruit of his personal labour, which he must be at
liberty
No Transcription available.