equality
seems not great enough. He proposes to add twenty-five years to Madame
D'Arblay's term, and not a single day to Miss Austen's term. He would
give to Persuasion a copyright of only twenty-eight years, as at
present, and to Evelina a copyright more than three times as long, a
copyright of eighty-seven years. Now, is this reasonable? See, on the
other hand, the operation of my plan. I make no addition at all to
Madame D'Arblay's term of sixty-two years, which is, in my opinion,
quite long enough; but I extend Miss Austen's term to forty-two years,
which is, in my opinion, not too much. You see, Sir, that at present
chance has too much sway in this matter: that at present the protection
which the State gives to letters is very unequally given. You see that
if my noble friend's plan be adopted, more will be left to chance than
under the present system, and you will have such inequalities as are
unknown under the present system. You see also that, under the system
which I recommend, we shall have, not perfect certainty, not perfect
equality, but much less uncertainty and inequality than at present.
But this is not all. My noble friend's plan is not merely to institute
a lottery in which some writers will draw prizes and some will draw
blanks. It is much worse than this. His lottery is so contrived that, in
the vast majority of cases, the blanks will fall to the best books, and
the prizes to books of inferior merit.
Take Shakspeare. My noble friend gives a longer protection than I should
give to Love's Labour's Lost, and Pericles, Prince of Tyre; but he gives
a shorter protection than I should give to Othello and Macbeth.
Take Milton. Milton died in 1674. The copyrights of Milton's great
works would, according to my noble friend's plan, expire in 1699. Comus
appeared in 1634, the Paradise Lost in 1668. To Comus, then, my noble
friend would give sixty-five years of copyright, and to the Paradise
Lost only thirty-one years. Is that reasonable? Comus is a noble
poem: but who would rank it with the Paradise Lost? My plan would give
forty-two years both to the Paradise Lost and to Comus.
Let us pass on from Milton to Dryden. My noble friend would give
more than sixty years of copyright to Dryden's worst works; to the
encomiastic verses on Oliver Cromwell, to the Wild Gallant, to the Rival
Ladies, to other wretched pieces as bad as anything written by Flecknoe
or Settle: but for Theodore and Honoria, for Tancred and
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