1. The word author, in a general sense, is used to express the
originator or efficient cause of a thing; but, in the restricted sense
in which it is applied in this article, it signifies the first writer
of a book, or a writer in general. The indispensable qualifications to
make a writer are--a talent for literary composition, an accurate
knowledge of language, and an acquaintance with the subject to be
treated.
2. Very few persons are educated with the view to their becoming
authors. They generally write on subjects pertaining to the profession
or business in which they have been practically engaged: a clergyman
writes on divinity; a physician, on medicine; a lawyer, on
jurisprudence; a teacher, on education; and a mechanic, on his
particular trade. There are subjects, however, which occupy common
ground, on which individuals of various professions often write.
3. Authorship is founded upon the invention of letters, and the art of
combining them into words. In the earliest ages of the world, the
increase of knowledge was opposed by many formidable obstacles.
Tradition was the first means of transmitting information to
posterity; and this, depending upon the memory and will of
individuals, was exceedingly precarious.
4. The chief adventitious aids in the perpetuation of the memory of
facts by tradition, were the erection of monuments, the periodical
celebration of days or years, the use of poetry, and, finally,
symbolical drawings and hieroglyphical sketches. Nevertheless, history
must have remained uncertain and fabulous, and science in a state of
perpetual infancy, had it not been for the invention of written
characters.
5. The credit of the invention of letters was claimed by the
Egyptians, Phoenicians, and Jews, as well as by some other nations;
but as their origin preceded all authentic history not inspired, and
as the book of inspiration is silent in regard to it, no satisfactory
conclusion can be formed on this point. Some antiquarians are of
opinion, that the strongest claims are presented by the Phoenicians.
6. The Pentateuch embraces the earliest specimen of phonetic or
alphabetic writing now extant, and this was written about 1500 years
before Christ. Many persons suppose that, as the Deity himself
inscribed the ten commandments on the two tables of stone, he taught
Moses the use of letters; and, on this supposition, is founded the
claim of the Jewish nation to the honor of the first human application
of them.
7. If we may believe Pliny, sixteen characters of the alphabet were
introduced into Greece by Cadmus, the Phoenician, in the days of
Moses; four more were added by Palamedes during the Trojan war, and
four afterwards, by Simonides. Alphabetical writing evidently sprung
from successive improvements in the hieroglyphical system, since a
great part of the latter has been lately discovered to be syllabic or
alphabetic.
8. A considerable number of very ancient alphabets still exist on the
monumental remains of some of the first post-diluvian cities, and
several of later date, in manuscripts which have descended to our
times. The letters employed in different languages have ever been
subject to great changes in their conformation. This was especially
the case before the introduction of the art of printing, which has
contributed greatly towards permanency in this respect.
9. The mode of arranging the letters in writing has, also, varied
considerably. Some nations have written in perpendicular lines, as the
Chinese and ancient Egyptians; others from right to left, as the Jews;
and others, again, alternately from left to right, as was the method
at one period among the Greeks. The mode of writing from left to right
now generally practised, is preferable to any other, since it leaves
uncovered that portion of the page upon which writing has been made.
10. In ancient times, literary productions were considered public
property; and, consequently, as soon as a work was published,
transcribers assumed the right to multiply copies at pleasure, without
making the authors the least remuneration. They, however, were
sometimes rewarded with great liberality, by princes or wealthy
patrons. This literary piracy continued, until a long time after the
introduction of the art of printing.
11. In almost every kingdom of Europe, and in the United States, the
exclusive right of authors to publish their own productions, is now
secured to them by law, at least for a specified number of years. The
first legislative proceeding on this subject in England, took place in
1662, when the publication of any book was prohibited, except through
the permission of the lord-chamberlain. The title of the book, and the
name of the proprietor, were, also, required to be entered in the
record of the Stationers' Company.
12. This and some subsequent acts having been repealed in 1691,
literary property was left to the protection of the common law, by
which the amount of damages which could be proved to have actually
occurred in case of infringement, could be recovered, and no more. New
applications were, therefore, made to parliament; and, in 1709, a
statute was passed, by which the property of copyright was guarded for
fourteen years, with severe penalties. This privilege was connected
with the condition, that a copy of the work be deposited in nine
public libraries specified in the act.
13. In 1774, the Parliament decided that, at the end of fourteen
years, the copyright might be renewed, in case the author were still
living. The law continued on this footing until 1814, when the
contingency with regard to the last fourteen years was removed; and,
if the author still survived, the privilege of publication was
extended to the close of his life.
14. In the United States, the jurisdiction of this subject is vested
by the Constitution in the Federal Government; and, in 1790, a law was
passed by Congress, securing to the authors of books, charts, maps,
engravings, &c., being citizens of the United States or resident
therein, privileges like those granted in England, in 1774. In 1831,
the law was altered, and again made to conform to that of England in
regard to the period of the privileges. The English and American laws
differ in no essential provision. Until the year 1839, foreigners were
permitted to hold copyrights in England.
15. In France, the first statute regarding literary property was
passed in 1793, when the right of authors to their works was secured
to them during their lives, and to their heirs for ten years after
their decease. The decree of 1810 extended the right of the heirs to
twenty years. In Russia, the period of copyright is the same as in
France, and the property is not liable for the payment of the author's
debts.
16. In some of the German states, the right is given for the lifetime
of the author; in others, it is made perpetual, like any other
property; but then the work may be printed with impunity in any of the
other states in which a right has not been secured. In Germany and
Italy, especially, authors are very poorly remunerated; and in Spain,
the book trade has been so much oppressed by a merciless censorship,
that authors are compelled to publish their works on their own
account.
17. From the preceding statement it appears, that few legislators have
been willing to place the productions of intellectual labor on the
same honorable footing with other kinds of property. No reason,
however, can be assigned for the distinction, except the unjust and
piratical usage of two or three thousand years.
18. Authors seldom publish their own works. They generally find it
expedient, and, in fact, necessary, to intrust this part of the
business to booksellers and publishers, from whom they usually receive
a specified amount for the entire copyright, or a certain sum for each
and every copy which may be sold during the term of years which may be
agreed upon. The compensation is commonly insufficient to pay them for
preparing the works for the press; but they are as well paid in this
country as in any other. In this particular, however, there has been a
manifest improvement within the last ten years.
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