This essay of Kant’s on copyright argues that the unlicensed copying of books cannot possibly be permissible, due to the fact that it assumes a consent on the part of the author which it is logically impossible for the author to give. The argument is dependent upon an assumption that the writings be commodified, for the reason why the author is unable to possibly give consent to multiple publishers is due to the author’s will – to communicate with the public – necessitating the profitability of the publisher, for, it is assumed, there is no way to communicate with the public at large without a great expense which can only be borne by a publishing firm. This is, of course, no longer a necessary assumption. Other arguments here are also of interest: this is a foundational document in claims regarding the moral rights of authors, and Kant’s account of the connection between the communicative intent of the author and the rights resultant is of continuing importance (even though it is not often taken into account in contemporary debates, and has only a tenuous relation to contemporary copyright law); the distinction between works and acts in the “Universal Observation” (the third section of the essay) strikes us as odd today, but is worthy of consideration; his admission of the permissibility of derivative works is striking; and, strangely, the first footnote uses as a reductio ad absurdum an idea of liability which underlies what United States law today calls by the name of “contributory infringement.” (Summary by D.E. Wittkower)
Author
Immanuel Kant was an 18th-century philosopher from Königsberg, Prussia (now Kaliningrad, Russia). He's regarded as one of the most influential thinkers of modern Europe & of the late Enlightenment. His most important work is The Critique of Pure Reason, an investigation of reason itself. It encompasses an attack on traditional metaphysics & epistemology, & highlights his own contribution to these areas. Other main works of his maturity are The Critique of Practical Reason, which is about ethics, & The Critique of Judgment, about esthetics & teleology. Pursuing metaphysics involves asking questions about the ultimate nature of reality. Kant suggested that metaphysics can be reformed thru epistemology. He suggested that by understanding the sources & limits of human knowledge we can ask fruitful metaphysical questions. He asked if an object can be known to have certain properties prior to the experience of that object. He concluded that all objects that the mind can think about must conform to its manner of thought. Therefore if the mind can think only in terms of causality–which he concluded that it does–then we can know prior to experiencing them that all objects we experience must either be a cause or an effect. However, it follows from this that it's possible that there are objects of such a nature that the mind cannot think of them, & so the principle of causality, for instance, cannot be applied outside experience: hence we cannot know, for example, whether the world always existed or if it had a cause. So the grand questions of speculative metaphysics are off limits, but the sciences are firmly grounded in laws of the mind. Kant believed himself to be creating a compromise between the empiricists & the rationalists. The empiricists believed that knowledge is acquired thru experience alone, but the rationalists maintained that such knowledge is open to Cartesian doubt and that reason alone provides us with knowledge. Kant argues, however, that using reason without applying it to experience will only lead to illusions, while experience will be purely subjective without first being subsumed under pure reason. Kant’s thought was very influential in Germany during his lifetime, moving philosophy beyond the debate between the rationalists & empiricists. The philosophers Fichte, Schelling, Hegel and Schopenhauer saw themselves as correcting and expanding Kant's system, thus bringing about various forms of German Idealism. Kant continues to be a major influence on philosophy to this day, influencing both Analytic and Continental philosophy.
