IN ANCIENT TIMES A SKETCH OF LITERARY CONDITIONS AND COPYRIGHT, 1893 BY GEO. HAVEN PUTNAM Electrotyped, Printed and Bound by PREFACE. THE following pages, as originally written, were planned to form a preliminary chapter, or general introduction, to a history of the origin and development of property in literature, a subject in which I have for some time interested myself. The progress of the history has, however, been so seriously hampered by engrossing business cares, and also by an increasing necessity for economizing eyesight, that the date of its completion remains very uncertain. I do not relinquish the hope of being able to place before the public (or at least of that small portion of the public which may be interested in the subject) at some future date, the work as first planned, which shall present a sketch of the development of property in literature from the invention of printing to the present day, but I have decided to publish in a separate volume this preliminary study of the literary conditions which obtained in ancient times. In the stricter and more modern sense of the term, literary property stands for an ownership in a specific literary form given to certain ideas, for the right to control such particular form of expression of these ideas, and for the right to multiply and to dispose of copies of such form of expression. In this immaterial signification, the term literary property is practically synonymous with la propriété intellectuelle, or das geistige Eigenthum. It is proper to say at the outset that in this sense of the term, no such thing as literary property can be said to have come into existence in ancient times, or in fact until some considerable period had elapsed after the invention of printing. The books first produced, after 1450, from the presses of Gutenberg and Fust and by their immediate successors, were the Latin versions of the Bible, editions of certain of the writings of Cicero and of other Latin authors, and a few other works which, if not all dating back to Classic periods, were, with hardly an exception, the works of writers who had been dead for many generations. The editions printed of these books constituted for their owners, the printers, a property, which, as distinguished from their buildings and from their presses and type, might fairly enough be described as a "literary property." It was, however, not until the publishers began to make arrangements to give compensation to contemporary writers for the preparation of original works, or for original editorial work associated with classic texts, and not until, in connection with such arrangements, the publishers succeeded in securing from the State authorities, in the shape of "privileges," a formal recognition of their right to control the literary work thus produced, that literary property in the sense of intellectual property (geistiges Eigenthum), came into an assured and recognized, though still restricted existence. Property of this kind, namely, in the form of a right, duly recognized by the State, to the control of an intellectual production, assuredly did not exist in Athens, in Alexandria, or in classic Rome. There is evidence, however, although often of a very fragmentary and inconclusive character, that in these cities and in other literary centres of the later classic world, there gradually came into existence a system or a practice under which authors secured some compensation for their labors. Such compensation, doubtless at best but inconsiderable as it did not depend upon any legal right on the part of either author or publishers, must have varied very greatly according to the personality of the writer, the nature of the work, and the time and |
