f
the imagination. And yet I know no work of the imagination of the very
highest class that was ever, in any age or country, produced by a
man under thirty-five. Whatever powers a youth may have received from
nature, it is impossible that his taste and judgment can be ripe, that
his mind can be richly stored with images, that he can have observed
the vicissitudes of life, that he can have studied the nicer shades of
character. How, as Marmontel very sensibly said, is a person to paint
portraits who has never seen faces? On the whole, I believe that I may,
without fear of contradiction, affirm this, that of the good books now
extant in the world more than nineteen-twentieths were published after
the writers had attained the age of forty. If this be so, it is evident
that the plan of my noble friend is framed on a vicious principle. For,
while he gives to juvenile productions a very much larger protection
than they now enjoy, he does comparatively little for the works of men
in the full maturity of their powers, and absolutely nothing for any
work which is published during the last three years of the life of the
writer. For, by the existing law, the copyright of such a work lasts
twenty-eight years from the publication; and my noble friend gives only
twenty-five years, to be reckoned from the writer's death.
What I recommend is that the certain term, reckoned from the date of
publication, shall be forty-two years instead of twenty-eight years. In
this arrangement there is no uncertainty, no inequality. The advantage
which I propose to give will be the same to every book. No work will
have so long a copyright as my noble friend gives to some books, or so
short a copyright as he gives to others. No copyright will last ninety
years. No copyright will end in twenty-eight years. To every book
published in the course of the last seventeen years of a writer's life
I give a longer term of copyright than my noble friend gives; and I
am confident that no person versed in literary history will deny
this,--that in general the most valuable works of an author are
published in the course of the last seventeen years of his life. I will
rapidly enumerate a few, and but a few, of the great works of English
writers to which my plan is more favourable than my noble friend's plan.
To Lear, to Macbeth, to Othello, to the Fairy Queen, to the Paradise
Lost, to Bacon's Novum Organum and De Augmentis, to Locke's Essay on
the Human Understanding,
|