CHAPTER II

PRIVILEGES AND MONOPOLIES

The governmental regulations just described were similar to those

imposed upon all trades. The product of the printing press, however, was

not like that of other manufacturing establishments. The use of books is

clearly different from the use of ordinary manufactured products. The

modern printing press puts out a flood of material which is temporary in

its nature. Much of it never gets read at all and comparatively little

of it is considered as of permanent value. The early presses, however,

turned out books almost entirely. Practically the whole product was of

permanent value. It could be easily imitated, and in many cases the

imitation could be produced at much less expense than the original as

the imitation involved no labor of editors and compilers. Again,

communication in those days was very difficult and freight rates were

high. If a book could be reprinted freely by anyone who got hold of it,

a book printed in a given place could be sold much cheaper than one

brought from a distance. For example, a Paris printer could not compete

with a Lyons printer in Lyons provided the latter were permitted to

print the same books as the former.

But there was another far more important difference. The products of the

printing press materially affected the human mind and through it

influenced human action. When men began to read and printed matter began

to be cheap and plenty, the individual in particular and the state at

large entered an entirely new phase of existence. Minds of men might be

filled with information or misinformation, with noble or with base

desires and purposes, with high thoughts or low by the products of the

press. They might be roused to patriotic action or stirred to rebellion.

Their religion might be deepened, altered, or destroyed. Immense and

unimaginable influence might be and, as soon appeared, was exerted by

this new agency.

These facts gave rise to certain problems peculiar to the industry. What

right had the publisher to control his product and be protected against

a ruinous competition from other printers? Had he any such right at all?

Had the author any right to control the printing, publishing, and sale

of his works? Had he any right to be secured in the receipt of some

remuneration? How could that right be protected? Was the printing press

to be allowed to pour out anything its owners pleased, regardless of its

effect upon citizenship, religion, or morals, or should the product be

controlled so as to secure the helping and not the hurting of mankind?

If it was to be controlled, who was to decide upon the measures and

standards of control, and on what ground? What was helpful and what was

harmful?

The attempted solution of these problems, of course, grew out of the

accepted commercial usages of the time. Patents and copyrights as we now

know them, regulated by general laws and accessible to all inventors and

authors, were unknown. Their place was taken by monopolies which, as we

shall see, sometimes had much the same effect as a modern patent or

copyright.

A monopoly, sometimes called a privilege, was a grant to a certain

person of the sole right to sell or to manufacture a certain thing, to

trade in a certain locality, or do something of a similar nature.

Monopolies survive today in certain countries, though mainly as

governmental monopolies; for example, in Italy the sale of matches is a

governmental monopoly. No individual is allowed to sell them except as a

government agent, and the traveler is not allowed to take any across the

frontier, even in his pocket. In Russia the sale of vodka was a

governmental monopoly until the outbreak of the Great War in 1914, when

its sale was prohibited. In the middle ages, however, private monopolies

were very common. It is important to know that these monopolies or

privileges were literally what the latter name indicates. Very often

they were given to royal favorites as a means for their personal

enrichment. They were purely acts of grace and did not imply any

recognition of right on the part of the person to whom they were

granted.

Those trades which could not obtain the protection of monopoly attempted

to protect themselves when possible by trade secrets. This was a much

more important protection in those days than it would be now.

Combinations and processes, tricks of the trade which had been

discovered experimentally by some clever workman, could hardly be

discovered by his rivals unless they could hit upon the same thing by a

tedious course of experimentation or could in some way secure betrayal

of the secret. Very few trade secrets can be hidden from modern science,

but modern science did not exist in the fifteenth century. The

apprentice was sworn not to betray his master’s secrets, and the

consequences of such betrayal were very serious. As we have already

seen, Gutenberg at first attempted to keep printing a trade secret, but

the obvious impossibility of doing so led to other methods of

protection.

Fortunately for the new art the great men of the time were interested in

it and, as a rule, it was not difficult to obtain a certain amount of

protection by privilege. Venice was perhaps the most advanced state in

Europe in the middle of the fifteenth century, certainly it was one of

the most advanced. The intelligent business men and astute nobles

trained in public affairs who made up the body of citizens of the

Republic of Venice were not slow in perceiving that a condition had

arisen which must be immediately attended to. The matter was therefore

taken up by the Council of Ten, an executive body which had large

functions in the government of Venice. Their methods of dealing with the

matter may be divided into four heads.

The first was the monopoly under which only one printer was allowed to

work in a given town. Such a monopoly was granted John of Spire who, in

1469, was given the sole privilege of doing printing in Venice.

Fortunately the unwisdom of this particular method of protection was

soon seen and other printers were allowed in Venice.

The next was a form of privilege something like the modern copyright.

Under this a publisher or even an author was granted the sole right to

print or cause to be printed a certain book. The first one of these

copyrights was issued to Antonio Sabellico in 1486. Sabellico was the

official historian of Venice and the copyright covered his history.

Unlike modern copyrights, which cover but a single book, these

privileges might cover anything that an author had written or might

write. It is clear that such a blanket copyright in the hands of a

publisher might be used very injuriously, and there is evidence that

they were so used either to extort money or to impede publication. It is

probable that in many cases this form of privilege involved some

arrangement between the author and the printer whereby the author shared

the profits.

Copyright privileges ran from one to twenty-five years and were

sometimes extended. Not infrequently copyright privileges were issued

with limiting clauses or conditions, such as that the books should be

sold at a “fair price,” that the work copyrighted should be published

within a year, or that a certain number of copies should be printed per

week, and the like.

The third method of protection was by a privilege like a modern patent,

covering certain processes or certain kinds of printing. For example:

Aldus was granted the sole right to use the italic character, while

others were given the sole right of printing in some foreign language.

The fourth method was the absolute prohibition of the importation of

books printed outside the territories of the Republic. This was coupled

with the refusal of copyright privileges to all books not printed in

Venice. Of course, in this whole discussion we must understand that

Venice was not the modern city, but the medieval state, which at times

was of considerable extent.

This system had certain rather serious defects in practice. In the first

place the Council of Ten which issued all these privileges, although

usually an extremely businesslike body, kept no record of its relations

with printers. Probably this was not a serious matter for the first few

years, but the time soon came when no member of the Council could

remember what privileges had been granted either to printers or authors.

Consequently privileges were very liable to duplication and the Council

finally got out of the difficulty by issuing its copyrights with the

proviso “If no previous copyright has been issued.” This was very

comfortable for the Council, but rather uncomfortable for the printer,

because it threw upon him the burden of finding out facts which were

nowhere on record. Again, there was no machinery for the enforcement of

the privileges. While it is probable that legal proceedings could be

instituted under them, some other machinery ought to have been provided

to make them effective. Lastly, and this was, as we shall see, a common

difficulty with all early privileges, they were very narrow in

application. Privileges applied only to the territory of Venice and were

worthless elsewhere. As we have seen in the case of Aldus, the products

of the Venetian press were sold throughout the civilized world, but

outside of their place of production they were unprotected by any

copyright or other defence. In some cases they were excluded by

protective laws similar to those by which Venice attempted to secure her

printers from foreign competition. At a somewhat later period some

difficulty arose because of the claims of the Papal Court to issue

privileges outside of the States of the Church. On the whole, however,

the Venetian system was about the best and the simplest of the early

systems for dealing with the problems of the printing press.

Turning next to Germany, we find that practically all of the books

printed from 1450 to 1500 were reprints of old books. The literary

pirate made his appearance almost as soon as the printer appeared. We

have already seen that Fust himself was the first of the brood. The fact

is not surprising, however, when we remember the conditions of the time.

The idea of property in a book excepting as one particular object, a

piece of furniture so to speak, never occurred to anybody. Throughout

the entire period of manuscript books it was everywhere held that any

man who had possession of a book, even temporarily, had a right to copy

it. That the owner of the book had any right to control its duplication,

even though he had been at great expense to make a copy, was not

considered worth discussion. If a man could copy a manuscript which had

cost a hundred crowns to make, might he not reprint a book which cost

less than one tenth of that amount? It was held that ownership of a

printed book carried with it the same rights of reproduction which had

from time immemorial been attached to ownership of a written book.

Men who wrote books wrote for the love of it. There was no such thing as

authorship as a profession and no such thing as the sale of an author’s

work, except so far as the books themselves were concerned. It is true

that certain writers were helped and perhaps supported by wealthy

patrons of literature in the old world or by rich men and politicians

who were willing to pay for verses or pamphlets eulogizing their names

and praising their exploits. Doubtless, there were writers who lived by

their wits in this way, but their case was far different from that of

the modern author who either sells his work to a publisher or makes a

contract for a royalty. If a man was paid for writing a poem in praise

of his patron neither he nor his patron was supposed to control the

poem; in a word, there was no conception of any kind of literary

property, and the printers soon found that there must be property in

books or printing would become impossible.

Germany, like Venice, undertook to deal with the matter by the privilege

system, although German privileges seem to have been less varied and

more simple than those of the Venetians and to have concerned themselves

more exclusively with the printer, to the neglect of the author. As

elsewhere, a privilege was the sole right to print a work or a series of

works in a given place. The peculiar political condition which existed

in Germany made this a rather difficult matter. Germany in the fifteenth

century consisted geographically of what is now the Empire of Germany,

the Austro-Hungarian Empire, the Netherlands, and Switzerland. It was

composed of a great number of states of very different sizes, from a

single city up to a reasonably large country. Each one of these cities

had a large degree of self government. They were all supposed to be

governed by the emperor. He was called the Holy Roman Emperor and was

supposed to be the heir of the old emperors of Rome. He governed largely

through assemblages of the princes, called Diets, which were held

wherever and whenever the emperor called them. There were also certain

imperial courts and governing councils. All this elaborate scheme of

government existed largely on paper. It was not generally strong enough

to govern effectively, but was generally strong enough to keep things

more or less in confusion.

The power of the emperor depended to a considerable extent upon his

personal character and his private resources. An emperor who happened to

be a strong man, governing a powerful state in the empire from which he

could draw money and military support, could hold the states, which were

liable to be extremely unruly, in their places and could collect the

imperial revenue. A man of weaker personality or without the backing of

such private resources could neither keep the turbulent princes in order

nor collect the revenue.

The local princes had no sooner begun to issue privileges than the

emperor began to do the same thing. A local privilege was not good

beyond the limits of the small state which issued it. An imperial

privilege was theoretically good throughout the empire, but practically

good only in spots. If it conflicted with a local privilege, or the

local authority happened to be on bad terms with the emperor it would be

worthless. The result of all of this was that at a very early period the

printers of Germany got together and made a sort of “gentleman’s

agreement,” as we say today, to respect each other’s undertakings. This

agreement was practically the best protection of the German book trade

until the development of copyright laws at a very much later period. It

appears to have been relied upon by the printers more than was the

privilege. Privileges were often obtained, partly because it was

desirable to keep on good terms with the local authorities and partly

because of the relation of privilege to censorship, which we shall

discuss later, but it is clear that printing in Germany would have

suffered greatly if it had not been for the existence of the “live and

let live” agreement of the German printers.

Printers’ privileges covered only old books. New books unless covered by

some author’s privilege were not covered at all, presumably on the

ground that in those days, before author’s rights to compensation were

fully recognized, the expense and risk of producing the classics for a

comparatively small market was greater than that of printing new books,

especially as many of the new books were controversial and the authors

paid the printers. Until about 1800 the printer was a much more

important personage in legislation than the author. There was

practically very little protection of literary rights of authors

excepting what came through privileges, and the printer’s privileges

were considered much more important than the author’s rights. Privileges

covered:

(a) Public documents, including church books and school books.

(b) The first printing of books from the body of the world’s literature.

(c) New books which were first treatments of some specific subject,

generally scientific, technical, or practical.

The granting of a privilege often carried with it exemption from

taxation.

Conditions in France were not greatly different from those in Italy and

Germany, although France dealt with the problem by means of privileges

only and had her problem somewhat simplified by unified administration

over a large territory. The first privilege to be issued in France was

granted Antoine Verrard in 1507 for an edition of the Epistles of Paul

with a French commentary. French privileges were sometimes issued to

printers for a single work and sometimes for all the works which they

might print. They ran from two to ten years. They might be general,

covering the whole kingdom, or they might be local, covering a single

province or district. For example, one might have the exclusive

privilege of printing certain books or the books of a certain author for

ten years, or another might have the privilege of printing anything of a

certain sort in the city of Lyons for five years.

It is understood, of course, that a privilege implied prohibition. If a

man had a privilege for the works of an author throughout France that

meant that no one else in France could print the same books. If he had

the privilege for all that he wanted to print in Lyons it meant that

nobody else in Lyons could print those books, although anybody outside

of Lyons could print them freely. The French law contained one provision

which does not appear elsewhere, namely that licenses could be revoked

before they expired. They were occasionally issued to persons not

residents of France, another provision which appears to have been

peculiar to the French law. A third peculiarity is that privileges were

occasionally given to authors for the control of their works, but

without the right to print them or to sell them. In such a case as that

the printer would have to get another privilege to print and sell the

books. He would have to pay the author for the right to do so. The

question of privilege in France, like the question of censorship, which

we shall soon take up, was greatly complicated by the multiplication of

authorities and consequent conflict and confusion. Privileges might be

issued by the king, by the Parliament of Paris (a misleading name, as

the Parliament of Paris was a judicial and not a legislative body), by

the University of Paris, and by the Provost of Paris. The tendency in

all things French, however, from early in the 15th century to the French

Revolution was toward the concentration of power, so that the right to

issue privileges was gradually concentrated in the hands of the king.

A Brief History of Printing. Part II: The Economic History of Printing · 第 2 / 9 章