The Online Library of Liberty

A project of Liberty Fund, Inc.

• Note.
• Part I: The Law of Intellectual Property.
• Chapter I.: The Law of Nature In Regard to Intellectual Property.
• Section I.: The Right of Property In Ideas to Be Proved By Analogy.
• Section II.: What Is Wealth?
• Section III.: What Is Property?
• Section IV.: What Is the Right of Property?
• Section V.: What Things Are Subjects of Property?
• Section VI.: How Is the Right of Property Acquired.
• Section VII.: What Is the Foundation of the Right of Property?
• Section VIII.: How Is the Right of Property Transferred?
• Section IX.: Conclusions From the Preceding Principles.
• Chapter II.: Objections Answered.
• Section I.: Objection First.
• Section II.: Objection Second.
• Section III.: Objection Third.
• Section IV.: Objection Fourth.
• Section V.: Objection Fifth.
• Section VI.: Objection Sixth.
• Section VII.: Objection Seventh.
• Section VIII.: Objection Eighth.
• Section IX.: Objection Ninth.
• Section X.: Objection Tenth.
• Section XI.: Objection Eleventh.
• Section XII.: Objection Twelfth.
• Section XIII.: Objection Thirteenth.
• Section XIV.: Objection Fourteenth.
• Section XV.: Objection Fifteenth.
• Chapter III.: Perpetuity and Descent of Intellectual Property.
• Section I.: Perpetuity of Intellectual Property.
• Section II.: Descent of Intellectual Property.
• Chapter IV.: The Sale of Ideas.
• Chapter V.: The Policy of Perpetuity In Intellectual Property.
• Part II: The Common Law of England. (vol. I)
• Chapter VI.: The Common Law of England Relative to Intellectual Property.
• Section I.: What Is the Common Law of England?
• Section II.: Why the Common Law Right of Property In Ideas Has Not Been More Fully Acknowledged.
• Section III.: Review of the Case of Millar Vs. Taylor.
• Section IV.: Review of the Case of Donaldson and Another, Vs. Becket and Another.

SECTION I.

The Right of Property in Ideas to be proved by Analogy.

In order to understand the law of nature in regard to intellectual property, it is necessary to understand the principles of that law in regard to property in general. We shall then see that the right of property in ideas, is at least as strong as—and in many cases identical with—the right of property in material things.

To understand the law of nature, relative to property in general, it is necessary, in the first place, that we understand the distinction between wealth and property; and, in the second place, that we understand how and when wealth becomes property.

We shall therefore consider:

• 1.What is Wealth?
• 2.What is Property?
• 3.What is the Right of Property?
• 4.What Things are Subjects of Property?
• 5.How is the Right of Property Acquired?
• 6.What is the Foundation of the Right of Property?
• 7.How is the Right of Property Transferred?
• 8.Conclusions from the Preceding Principles.