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Of the Injustice of Counterfeiting Books

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"Of the Injustice of Counterfeiting Books" by Immanuel Kant is a philosophical treatise written in the late 18th century. This essay explores the ethical and legal implications of counterfeiting books, arguing against the practice and emphasizing the moral rights of authors and editors in relation to their published works. Kant investigates how the publication of a book constitutes a unique form of business that requires the author’s express consent, distinguishing it from other commodities. In this work, Kant presents a structured argument to defend the position that counterfeiting is inherently wrong, asserting that a counterfeiter intrudes upon the rightful business of another without any legal or moral justification. He discusses the nature of authorship and the editor’s role, stating that when an editor publishes a work, he does so in the name of the author and, as such, owes a responsibility to protect that author’s rights. Kant further argues that the ownership of a copy does not grant the purchaser the right to publish or reproduce the work, thereby elucidating the distinct legal rights associated with authorship versus ownership of physical copies. He concludes by advocating for a formal legal protection of authors against counterfeiters, suggesting that clarity in copyright law would support the just interests of authors and editors alike.

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Of The Injustice of Counterfeiting Books

by Immanuel Kant

[Transcriber note: This e-text edition of "Of the Injustice of Counterfeiting Books" is, essentially, with some changes or clarifications by the e-text preparer, based on a translation of this essay, from German into English, that was published in 1798 in: Essays and Treatises On Moral, Political and Various Philosophical Subjects, by Immanuel Kant, M.R.A.S.B., and professor of philosophy in the university of Koenigsberg; From the German by the Translator of The Principles of Critical Philosophy; IN TWO VOLUMES; Vol. 1; London: Sold by William Richardson Under the Royal Exchange, 1798; This e-text was prepared by John Mamoun in 2014. This e-text is not in copyright and is public domain.]

Of The Injustice of Counterfeiting Books

Those who consider the publication of a book to be equivalent to the use of an author's property in the form of a copy (whether the possessor came by it as a manuscript from the author or as a transcript of it from an actual editor), and then, however, via the reservation of certain rights, whether of the author's or of the editor's, who is appointed by the author, want to limit the use of the book only to this, that is, want to impose the rule that it is not permitted to counterfeit the book, cannot, based upon the rationale of this aforementioned consideration, attain this anti-counterfeiting objective. For the author's property in his thoughts or sentiments (even if it were not granted that the concept of such thought or sentiment property has legal merit according to external laws) would remain to him regardless of whether or not that property was used or represented in the form of a counterfeit; and, since an express legal consent given by the purchaser of a book to such a limitation of their property would not likely be granted,* how much less would a merely presumed consent suffice to determine the purchaser's obligation?

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This free edition of Of the Injustice of Counterfeiting Books by Immanuel Kant comes from Project Gutenberg eBook #46060, released 2014-06-21. It is in the public domain in the United States, so you can read it here in full at no cost, on any phone, tablet or computer. Genre: Essays, Letters & Speeches, Law & Criminology, Philosophy & Ethics.

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