The Sun.
London, England, 1868-03-11 00:00:00

THE SUN, LONDON, WEDNESDAY EVENING, MARCH 11, 1868.

ANGLO-AMERICAN COPYRIGHT.

The United States Congress is at length lxrought
to take a common-sense view of our just rights,
and there is every hope that an international copy-
right act will be passed this present session. The
bill is now before the House of Representatives and
is kindly received.

Below is a copy of the bill as brought before the
House. Our readers will see that its provisions are
ample and liberal, and it may reasonably be hoped
that the English Government, under its literary
Premier, will cheerfully reciprocate them.
In the House of Representatives on the 21st ult.
the following report on the subject of international
copyright was ordered to be printed and recom-
mitted :

We are fully persuaded that it is not only ex-
pedient, but in a high degree important to the
United States, to establish such international copy-
right laws as will protect the rights of American
authors in foreign countries, and give similar pro-
tection to foreign authors in this country. It would
be au act of national justice and honour, in which
we should find that justice is the wisest policy for
nations and brings the richest rewards.

The founders of our Government recognised the
rights of intellectual property, and provided in the
Constitution for giving them adequate protection.
In accordance with their intention, laws have been
enacted to secure the rights of authors and inventors
in the United States. In our care to protect the
rights of mechanical inventors we have gone further,
and secured international patent laws. Literary
property has not fared so well. Its international
relations have been neglected, and it is a note-
worthy fact that no measure proposing an interna-
tional copyright law has ever been brought to a vote
in either House of Congress.

In all civilised nations it is understood that the
author of a book or a work of art has a natural
right of property in his work, as real as that of his
neighbour to any other kind of personal property.
No right can be more unquestionable, but the need
of giving it the protection of positive enactments
was not seriously felt until after the art of printing
came into use. In England it had no legislative
protection until the time of Queen Anne, although
previous to her reign the right of an author to the
book he produced was recognised and protected as
a common law right. At the present time this right
is more or less adequately protected in every country.
in Europe. In several European countries copy-
right is made perpetual. In Great Britain it lasts
during the author's lifetime and seven years after
his death. In nearly all other countries of
Europe the copyright lasts during the author's
lifetime, and is continued to his family from
twenty to thirty years after his death. Between
nearly all those countries international copyright
laws have been established by legislative acts and
conventions, and their operation has proved even
more beneficial and satisfactory than was antici-
pated. We are the only great nation of the civi-
lised world that has failed to secure the benefit of
such laws. We alone have neglected to change the
antiquated and vicious policy that allows our authors
to be plundered in foreign countries, represses lite-
rary development in our own country, makes the
business of publishers, to a considerable extent,
speculative and uncertain, and encourages the cir-
culation of the most worthless English books in-
stead of the better books from other countries and
from our own writers, which, under the operation
of suitable copyright laws, would exclude them from
the market.

It is now about 30 years since the British Parlia-
ment passed "An act for securing to authors, in
certain cases, the benefit of international copyright."
This act provided that any country which should
extend the benefit of copyright to British
authors and artists should have the rights of its
authors and artists protected in Great B ritain.
Soon after the passage of this Act it was communi-
cated to our Government through Mr. Stevenson,
the American Minister, with an iuvitation to respond
to the proposition and establish an international
copyright law between the two countries. Lord
Palmerston said in his communication : " Her
Majesty's Government are desirous to ascertain
whether the Government of the United States is
disposed to enter into any arrangement with the
Government of this county, for the purpose of se-
curing copyright to authors and publishers within
the dominions and territories of Great Britain and
the United State 3." This proposition was not re-
fused, it was simply neglected.

In the year previous to the passage of the Act in
Great Britain, Henry Clay, in the Senate of the
United States, reported from a Select Committee
very strongly in favour of the passage of a similar
Act by Congress ; but the great pressure of other
business at the close of the session prevented action
on the bill he reported.

The subject has since been brought to the atten-
tion of Congress several times. Meanwhile, the
policy proposed by Mr. Clay has been adopted by
all the leading nations of Europe, and they all stand
ready to respond immediately and cordially to any
movement on our part to share with them the bene-
fits of this policy. We, who have more to gain
from it than auy other civilised nation, should no
longer neglect to do for literary property what we
have done so carefully for that of mechanical in-
ventions. The reasons for this policy seem to us
conclusive :

1. A sense of justice to the author's right of
property in his work should be sufficient to secure
the establishment of international copyright laws.
This was strongly expressed in Mr. Clay's report,
which spoke as follows of an author's rights in a
foreign country :—" We should all be shocked if
the law tolerated the least invasion of the rights of
property in the case of merchandise ; while those
justly belonging to the works of authors are exposed
to daily violation, without the possibility of their
invoking aid of the laws." We do not believe injus-
tice should be tolerated ; we hold that the rights of
property should be carefully protected ; and yet the
present policy concerning copyright allows our au-
thors to be summarily deprived of their property in
foreign countries.

Take one case that has been used elsewhere for
illustration. Mr. Motley, after years of investiga-
tion and study, during which he finds it necessary
to acquire knowledge of five or six European
languages, and after spending thousands of dollars
in rare books, documents, and manuscripts, and in
visiting Spain, Holland, Germany, and other coun-
tries to explore and copy old records and archives,
writes the history of the Dutch Republic and the
United Netherlands as it was never written before.
This great work, bright with genius and rich in the
fruits of learning and long research, has a profound
interest for cultivated and thoughtful men in
Europe as well as in the United States. It is not a
book to attract the million, but is sure to find " fit
audience" throughout the civilised world. Could
Mr. Motley have in every market fair play and a
just protection of his right to multiply and sell
copies of that work, he might get a return of the
money he has expended on it, with a moderate com-
pensation for his labour. But in no foreign country
is there protection for this right of property; not
because the countries of Europe have refused
to come into such international arrangements
as would have given it protection, but
simply because we have neglected to respond
to their invitation, and secure for our authors the
protection offered. If Mr. Motley's property were
a cargo of merchandise, or an original invention of
something useful, he could not be deprived of it;
but it is a book, and although it has cost him more
than the value of a cargo of merchandise, it is taken
from him in England by any publisher who chooses
to lay hands on it, and on the Continent by any
man who chooses to translate and issue it without
his supervision or consent. Under these circum-
stances, it is impossible for the American author of
such a work to receive adequate compensation.

This is very unjust. It is, however, only one of
many sitnilar cases, and we have approached that
period in our national history when the balance of
loss from such lawless treatment of literary pro-
perty will be heavily against our own writers. We
have it in our power to correct this evil, and it will
be our own fault if the proper remedy is not applied
without further delay.

The statement a what is due to thie natural

right of property ought to prevail without the sup-
port of additional arguments, but there are consi-
derations of policy that cannot fail to have weight,
and, therefore, must not be excluded.
2. International copyright laws would contribute
powerfully and successfully to develope our own lite-
rature and make it national.

There is in this country no lack of intellectual life,
nor of materials or stimulus for literary production.
We lack nothing but just protection of the rights of
literary property. Our Government has been care-
ful to secure the rights of our mechanical inventors
in every civilised country, and what has followed?
" American genius is at this moment at the head of
all nations for mechanical invention," says a dis-
tinguished English writer, who uses facts and figures
to prove what he says. Our inventive genius stands
foremost everywhere, made pre-eminent by the secu-
rity of its rights. Meanwhile, its influence is felt
in every form of construction, so that the produc-
tions of American mechanical genius, from the plough
to the ship, have neither superiors nor successful
rivals in any country.

Such are the results of protecting properl7 the
rights of mechanical invention. And how/ has it
fared with the business of literary production ?
Other things being equal, the literary produc-
tion of the United States would be equally pre-
eminent in character, abundance, and influence.
Nowhere else is there so much intellectual life and
freedom ; nowhere else are the materials for literary
production so fresh or so abundant. We have in
our national ideas, in the orginality of our social
and political institutions, in everything essentially
American in our country and in our people, an un-
worked mine of literary wealth. And yet in this
department of intellectual work we have fallen be-
hind. While our people have been lured to the
development of inventive and mechanical genius
until we have men who can "put their thoughts in
brass, in iron, in stone, and in wood," with consum-
mate skill, our authors have not been allowed a fair
field, and consequently our literature has to a large
extent remained provincial to that of Great Britain,
or, as one of our most eminent and original writers
expresses it, " has not yet thrown off English swad-
dling clothes." He adds " Not only has the whole-
sale system of malappropriation most injuriously
affected the interests of living American authors,
but it has tended to dwarf down the original litera-
ture of the United States to a servile convism ;"
Meanwhile, in one or two departments where there
is less need of international copyright, in the pro-
duction of school books, for instance, our literature
has become unrivalled.

A noble American literature that shall lead the
culture of the world, and in that culture give Ameri-
can ideas the pre-eminence they deserve, is a matter
of the highest national importance. American
republicanism does not propose to go forth as a
fighting propagandist, and subjugate all other na-
tions to its sway. This would not accord with its
principles ; would not realize its ideal of human
civilization. But it may spread its principles, and
win the world by developing in literature that in-
tellectual supremacy which a just and careful pro-
tection of literary property would speedily estab-
lish. At present much of the best talent and learn-
ing of the country is discouraged from entering the
field of labour by the certainty of being stripped of
literary property abroad, and by ruinous competi-
tion at home with the worst as well as the best of
English books, which can be taken without pay,
and be reprinted here with some hope of profit,
" because they have been published in England."
Self-interest, as well as justice, requires us to cor-
rect this evil.

3. International copyright laws would very much
improve the business of manufacturing, publishing,
and selling books in the United States.
Many publishers failed to see this when the sub-
ject was first brought to public attention, but their
views have been changed by experience and reflec-
tion. A majority of our American publishers, a
large majority, it is said, now desire such a measure
as your committee propose. This change was al-
ready apparent in 1843, when 97 firms and persons
representing the book trade petitioned Congress
for the enactment of such a law. They said in this
petition : " The present law regulating literary pro-
perty is seriously injurious both to the advancement
of American literature and to that very extensive
branch of American industry which comprehends
the whole mechanical department of book-making.
It is alike injurious to the business of publishing,
and to the best and truest interests of the people
at large." They added :--" Your memorialists
are of opinion that the interests of the authors,
the publishers, and the purchasers are reciprocal,
as those of the producer and consumer always

are."

It is difficult to see bow any publisher can rea-
sonably object to a measure that would increase the
value of his business by giving
certainty. At present, it more stability and
no publisher who reprints in
this country a saleable English book can be certain
that he will not be met in the market by one or more
rival editions of the same work. Ile is protected by
nothing but " the courtesy of the trade ;" and this
is not always able to resist temptation. Without
changing the price of his book save to reduce
it, and without regard to anything but the
interest of his business, he could well afford
to pay for a protected copyright that would
give him the market free from ruinous competi-
tion. With the certainty of large sales and per-
fect security in his business, he could put in the
executed books at more
mreaarsoknetabmleoreprices, and
handsomelyat the same time make
larger profits. Meanwhile, the type-founder, the
bookbinder, and all others connected with the busi-
ness of book-making, would gain by the policy pro-
posed. The laws of trade, which no man or busi-
ness firm can change, make nothing more certain
or more irreversible than the fact, that the interests
of authors, publishers, book-makers, and book-
buyers are reciprocal. It may be observed in this
connection that the measure we propose will not
affect any book already printed; it secures the
benefit of copyright for thDse books only that shall
be published after international copyright laws shall
have gone into operation. It provides also that a
foreign book, to have the benefit of copyright in
this country, shall be wholly manufactured here.
Our aim is to secure what is best for our own people.
Viewed merely as a matter of public policy, de-
signed to benefit an important branch of business in
the United States, this measure should have the
approval of Congress.
4. By establishing international copyright laws,
we shall greatly promote the interests of American
book-buyers.
The old objection, that such laws would increase
the price of books, did not proceed from a careful
study of the laws of trade, and, therefore, could not
endure criticism. It will not now be urged by any
person who has considered the matter in all its
bearings. This objection assumed that copyright
would be a tax on the trade which publishers must
charge over to their customers--a grave mistake.
It is the price paid for security in the market. To
the publishers of a saleable book, as we have shown,
this guarantee against injury from rival editions is
an advantage for which he can afford to pay hand-
somely. The protected copyright of a foreign book
would be worth to his business much more than it
would cost. With this protection he would be able
to sell the book cheaper, and readers would have
books more beautifully manufactured in all respects,
from the type to the last finish of the binding.
These benefits to book-buyers would flow from the
increase of value given to the publishers' business by
the great security of copyright.
A writerin the North
American Review, some years ago, said on this point
very justly—" The copyright would procure, not a
less but a greater multiplicity and cheapness of
cipies for the public benefit, along with a larger sale
for the benefit of the book trade."

Tie great gain to book-buyers would be realized
in another way. The measure proposed would bring
into circulation in this country more foreign books
of a superior class than are now found in the market.
At present our reading of foreign literature is
confined chiefly to English books, some of them
works of genius, some merely good, many of them
either very stupid or utterly worthless. The last-
named books are republished here, because they
need no translation, and will serve to supply the
demand for new books in a market where readers

must take these or nothing. Establish interna-
tional copyright laws, and we shall very soon see
translations of the best French, German, Swedish,
Danish, and other European books taking the place
of these wretched English books. When it shall
become necessary to buy the copyright of a worth-
less book published in Great Britain, publishers will
prefer to secure instead translations of the best new
books published in other countries. In this way
books of a higher class will go into circulation, and
the worthless English books, now so abundant in
the market, will gradually disappear. It has been
estimated that the issue of translated books would
furnish business for two or three large publishing
houses. This estimate seems to us very moderate.
Moreover, additional value would be given to the
books offered for general circulation, by the increase
and higher character of literary production here ;
for the encouragement thus given to American
authors would attract to this field the best talent of
the country, and American literature would soon
assume its proper character and influence. The
competition in the book market would become
healthy and elevating, and the people who desire
the best books at the most reasonable prices would
find in the change abundant satisfaction.

On looking over the discussions of this question
in past years, and especially the memorials and re-
monstrances against international copyright laws,
we find the objections raised against such laws to
have been substantially as follows :--

First. " Such laws would increase the price of
books to American readers." This objection, as
we have shown, is founded wholly on a false as-
sumption. Moreover, the policy proposed would
not affect the vast number of English and other
books already in print, so far as relates to copy-
right. It would reach ;only such new books as
should be written and published after the beginning
of its operation, and these it would cheapen. There
would be no reason whatever for increasing the price
of books. On the contrary, as we have pointed out,
the proposed policy would necessarily give us better
books at more reasonable prices.
Second. " No American books. are republished in
Great Britain." This was urged against the mea-
sure in a report made to the Senate nearly 30 years
ago. Not long afterwards it Aas shown that more
than 600 American books were, at that time, ad-
vertised on the trade lists of British publishers.
(See House document No. 76, 27th Congress, Ist
session. The number has increased so largely since
that the loss from republication without copyright
will, hereafter, be largely against us, unless we take
measures to prevent it. Besides, international copy.
right laws would greatly increase literary produc-
tion in this country ; and, so far as the English lan-
guage is concerned, they would give us the future.
Third. "This policy would give British manu-
facturers of books entire monopoly of the American
market." It is difficult to believe that any man
of ordinary sagacity ever saw anything reasonable
in this objection, or ever felt the slightest respect
for it. It is enough to reply here that the measure
we propose would make such British monopoly of
our market impossible ; for, American editions of
foreign books to have the proposed benefit of copy-
right, must be wholly manufactured here. It would
give both our publishers and our authors a more
complete independence of British influence than
was ever before realised.

Fourth. "It would prevent the adaptation of
English books to American prejudice." This was
urged, with singular unconsciousness of its real sig-
nificance, in a memorial presented to Congress in
1843. (See Senate document No. 323, 27th
Congress, 2d Session.) These objectors, who talked
as if it were an invaluable privilege to mutilate and
falsify English books reprinted here, might have
added that it would put a stop to the shameless
mutilation and reconstruction of American books
that has been so common in England. They fur-
nish, instead of an objection, an excellent reason
for an international copyright law between this
country and Greatßritain. We do not want "Eng-
lish books adapted to American prejudices." We
want a genuine American literature—books that
shall grow out of the life and thought of our own
people, and which shall not be mutilated when they
go abroad.

Fifth. " It would derange and oppress the Ame-
rican book trade, by suddenly giving the benefit of
oopyright to foreign books alroady published hors.'
This was said in a memorial presented to Congress
in 1838. (See House document, No. 416, 25th
Congress, 2d Session.) Nobody proposes such a
measure as this objectian contemplates. There-
fore it is baseless, and nobody will now use it who
aims to treat the subject candidly. The measure
we recommend would not touch the present rela-
tion of publishers to the great mass of British and
other foreign literature already Cat theie disposal.
Meanwhile, the new books that could have the
benefit of copyright would come into the business
of the trade gradually, a few each year, bring-
ing, not disturbance and derangement, but an ele-
ment of security and permanence not otherwise
possible.

The objections raised against international copy-
right laws have been answered so often, and with
such effect, that they cannot now have much force,
even in the minds of those who may continue to
entertain them. The measure is supported by
reason and justice, and it has manifestly become
necessary. There may be, here and there, an excep-
tional case, created by free appropriation in some
special department of literature,where it will encoun-
ter objections based on a false calculation of self-
interest ; but objections from this source cannot
reasonably be allowed to determine an important
question of public policy.
Your committee feel that no country has
greater need of international copyright laws than
ours. We are sure that their operation would
quickly silence the last lingering objection, and give
the highest satisfaction, not only to authors, pub-
lishers, and all interested in the mechanical depart-
ment of book-making, but also to the people at large.
Therefore we report to the House the accompany-
Jog bill and recommend its passage:—
An Act for securing to authors, in certain cases,
the benefit of international copyright, advancing the
development of American literature, and promoting
the interests of publishers and book buyers in the
United States.

Be it enacted by the Senate and House of Re-
presentatives of the United States in Congress as-
sembled, That any person or persons, being a citi-
zen or citizens of any foreign country, or residents
therein, who shall be the author or authors of any
book, map, chart, dramatic work, or musical com-
position, that may be first published in any foreign
country after this act shall go into operation, cr
who shall invent, design, engrave, work, or cause
to be worked or made, as a work of art, from his
own design, any print or engraving that may be
first published in any foreign country after this act
shall take effect, and the executors, administrators,
or legal assigns of such persons or persons, shall
have the same exclusive right and liberty to mul-
tiply and sell copies of such works in the United
States that now are or may hereafter be granted by
the laws of the United States to authors and ar-
tists who are citizens of the United States, subject
to the same conditions, regulations, and limitations
—Provided, however, That the provisions of this
act shall not be extended to the books or other
works of authors and artists that may be first
published in any foreign country where the laws
shall not, at the time of such first publication,
grant and secure to citizens of the United States,
and to persons resident therein, privileges and
benefits of copyright equal in extent to those herein
specified.

Sec. 2. And be it further enacted, That the pri-
vileges and benefits of copyright to be secured by
the provisions of this act to the authors of such
works as are specified in the preceding section shall
not be extended to the republication in this country
of any book or other work of the kind specified,
unless all the editions of such,republication shall be
wholly manufactured in the United States, and be
issued for sale by a publisher or publishers who are
citizens of the United States.

Sec. 3. And be it further enacted, That the
author of any book, dramatic work, or other publi-
cation, first published in a foreign country, who
may choose to reserve the right of translating it, or
of authorising a translatiou of it, shall have iu the

United States the protection of a copyright of such
translation of his work, subject to the following
conditions :

1. The original work shall have been registered
in the clerk's office of some district court of the
United States, for copyright, according to the laws
of the United States, and a copy of it shall have
been deposited in the library of Congress, within
four months after its first publication in said
foreign country.

2. In the first publication of such original work
the author shall have announced on its title page
his intention to reserve the right of translating it.

3. Within six months after the date of the re-
gistration of the original work for copyright, the
author or the legal representative of the author
shall have offered the authorised translation to some
American publisher for publication in the United
States, and such translation or a part of it shall
have been published here.

4. Every edition of the translated work issued in
this country shall be wholly manufactured in the
United States, and shall be issued for sale by a
publisher or publishers who are citizens of the
United States.

5. The provisions of this Act relative to transla-
tions shall not be extended to any book or other
work first published in any foreign country where a
similar protection of copyright shall not have been
granted and secured to the translated works of
American authors.

See. 4. And be it further enacted, That no author
of a book or other work of the kind specified in the
first section of this Act, which shall have been first
published in a foreign country where copyright is
secured to American authors, and which may be re-
published in the United States without translation,
shall be entitled to the protection of copyright
herein specified and provided, unless such author or
the legal representative of such author shall have
deposited in the library of Congress one copy of the
best foreign edition of such work, and shall have
duly registered, or cause to be registered, in the
clerk's office of some district court of the United
States, for copyright, the title-page of the work, as
the laws of the United State srequire, within three
months after its publication an arrangement shall
have been made in good faith with some American
publisher or publishing firm for the immediate pub-
lication of the work in the United States. But when
the author, or those legally representing the author,
shall have complied with these requirements, and
shall have done in all other respects what is required
by the laws of the United States relative to copy-
right, the author and the heirs, assigns, or other
legal representatives of the author, shall be entitled
to the full benefit of copyright, as herein provided,
and to all the remedies provided by the laws of the
United States to prevent or to punish violations of
copyright ; Provided, That when a book or other
work first published in a foreign country shall be
issued in volumes, or in parts in any manner, at
successive periods of time, the several volumes or
parts shall be regarded as separate works, so far as
relates to the provisions of this section and to all
other provisions of this Act.
_ _

Sec. 5. And be it further enacted, That imme-
diately after the passage of this Act, the President
of the United States shall transmit copies of it to the
Governments of Great Britain, France, Germany.
and of the othei countries of Europe, and to the
Governments of other countries with which the
United States may have regular diplomatic inter-
course ; and he shall take measures to conclude
arrangements for the establishment of international
copyright between those countries, or any of them,
and the United States,lin accordance with the pro-
visions of this Act. And when such arrangements
shall have been concluded with any foreign country
and approved by the Senate, the President shall
make public proclamation of the same to the people
of the United States ; whereupon the authors and
artists of the country with which such arrangements
shall have been concluded, or their legal represen-
tatives, shall be immediately entitled to the privi-
leges and benefits of this Act.