one.… The natural reward of labor expended in discovery is in the use that can be made of the discovery without interference with the right of any one else to use it. But to this natural reward our patent laws endeavor to add an artificial reward. Although the effect of giving to the discoverers of useful devices or processes an absolute right to their exclusive use would be to burden all industry with most grievous monopolies, and to greatly retard, if not put a stop to, further inventions, yet the theory of our patent laws is that we can stimulate discoveries by giving a modified right of ownership in their use for a term of years. In this we seek by special laws to give a special reward to labor expended in discovery, which does not belong to it of natural right, and is of the nature of a bounty. But as for labor expended in the second of these modes,—in the production of the machine by the bringing together in certain relations of certain quantities and qualities of matter,—we need no special laws to reward that. Absolute ownership attaches to the results of such labor, not by special law, but by common law. And if all human laws, were abolished, men would still hold that, whether it were a wheelbarrow or a phonograph, the concrete thing belonged to the man who produced it. And this, not for a term of years, but in perpetuity. It would pass at his death to his heirs or to those to whom he devised it."
The whole of the preceding paragraph is quoted from Mr. George's article. I regard it as conclusive, unanswerable. It proceeds, it will be noticed, entirely by the method of ergo. But it is time for the philosopher to disappear. He has done his part of the work, which was the demolition of patents. Now it is the prestidigitator's turn. It remains for him to justify copyright,—that is, property, not in the ideas set forth in a book, but in the manner of expressing them. So juggler George steps upon the scene. Presto! he exclaims: "Over and above any 'labor of discovery' expended in thinking out what to say, is the 'labor of production' expended on how to say it." Observe how cunningly it is taken for granted here that the task of giving literary expression to an idea is labor of production rather than labor of discovery. But is it so? Right here comes in the juggler's trick; we will subject it to the philosopher's test. The latter has already been quoted: "The work of discovery may be done once for all … but the work of production is required afresh in the case of each particular thing." Can anything be plainer than that he who does the work of combining words for the expression of an idea
saves just that amount of labor to all who thereafter choose