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.

Perpetuity of Intellectual Property.

If men have a natural right of property, in their intellectual productions, it follows, of necessity, that that right continues at least during life. Nature has certainly fixed no limit short of life, to the right of property. Limitation to a less period, would be contrary to the very nature of the right of property, which, as has been before repeatedly mentioned, is an absolute right of dominion; a right of having a thing entirely subject to one’s will. If a man’s right to exercise this dominion, were limited in duration, it would not be absolute. If, therefore, his will to exercise it, continue through his life, his right to exercise it, continues for the same length of time—for his will and his right go hand in hand. The property is, therefore, necessarily his, during his life, unless he consent to part with it.