The Sun.
London, England, 1827-01-16 00:00:00

THE LAW OF COPYRIGHT.

TO THE EDITOR OF THE SUN.
Sir,—l hardly know whether I take a right view of
your feelings, and those of the public in general, in at-
tempting to direct their attention to the Law of Copy-
right, and the rights of authors of books in general, but
ths late trial between the trustees of the British Museum,
and Messrs_ Payne" and Foss, booksellers, induces me to
take the opportunity of offering a few remarks upon the
law, touching the rights of authors. I trust in so doing,
that you will give them insertion in your excellent jour-
nal, and if I do not interest, I shall at least escape giving
offence. The cause before mentioned, was a suit for
penalties incurred by the defendants under the Copyright
Acts, for not having delivered in pursuance of those Acts,
a copy of a certain expensive new published work (the
" Flora Grieco") to the British Museum.
The Attorney-General,in making his observations on this
law, has thought fit to consider it neither more nor less than
the legal enforcement of a natural right, as if the government
of a State bad a right (the statute in question apart) to
demand a copy of every new work at the hands of its
author. This broad way of laying such a general prin-
ciple, not convenient to sustain by argument, is a very po-
litic way of getting over the difficulty, because concession
is found to be yielded precisely in proportion to the auda-
dacity mid boldness with which it is demanded. The At-
torney-General never having favoured the world with any
publication of his own concocting, was just the person to
put forth this claim, because he had never felt its pressure.
But surely a very little reflection will show that this mo-
derate demand for the protection granted to authors, is a
very serious, a very heavy, and a very unendurable tax ;
a tax, indeed, which no one's patience, but that incompa-
rable and never exhausted patience of a literary drudge,
would have stood so long without uttering com-
plaints. The writer hereof is an author, has felt and
has endured, to feel the weight of this very oppres-
sive tax, and now, for the first time, in very humble guise,
has presumed to murmur.

Authors consider publishers in general as by no means
their friends, save indeed such authors as the author of
Waverley, Lord Byron, D'lsraeli, Gifford, and some few
more, the utterance of whose name in public is attended
with a sort of prostration of opinion, and to speak in terms
of non-admiration of whom is deemed a positive heresy.
These gentlemen sway the public, and publishers are too
happy to have their works at all to grumble at the price
they give, or even at the eleven copies that they after-
wards dispose of gratis. But, in general, these eleven
copies are made to operate as a set off on the author's pro-
fits, and so come entirely and solely from his pocket ; a
very great grievance, us may be seen in the case
of the Flora Grzeca, a grievance which magnifies itself
in exact proportion as a work becomes laborious and ex-
pensive.

Namque oblita modi millesima pagina surgit
Omnibus, et crescit multa damnosa papyro.
Quis daret historic° quantum daret acts legenti ?
But this is not all. The author thus filched of a copy of
his work, consoles himself in the brilliant prospect of im-
mortality, his name recorded in letters of gold on the back
of his book and Alining, if not conspicuously, at least shin-
ing some where, in the book cases of the public libraries.
Poor vain mortal, no such thing. Eleven copies of this
work, containing the effusions of his soul, the toil of his
hands, the labour of hours, days, weeks, months, and years,
are delivered on publication to the Stationer? Company, are
thence transferred to their cellars and dismal vaults, to
await the calls of their respective proprietors, a call which
comes not, and which even the last trump from heaven
shall find expected. These copies, in the meantime, slum-
ber on, if not happily devoured by rats and mice, obli-
terated by damps, or burned at the periodical cleansings
of this Augvean stable, a fate attending almost all the
books that are published In the three kingdoms ;
to be robbed, and then insulted, and all in due course of
law, is the peculiar fate of authors—a race scorned and
despised, although said to be encouraged and fostered.
Poor wretches, who, with holes in their coats, and well-
worn breeches, inhabit the upper regions of the house;
exalted truly, but by their own misfortunes, and. debated
only by their own 'successes. Yet these poor starving
hard-working people are made to pay a tax, without refer-
ence to their ability or the public advantage derived there-
from. Of what use is a book if shut within the cellars of
the Stationers' Company ; and lam sure lam greatly
within the mark, if I say that at this moment these vaults
contain at least 12,000 volumes,published in and previous
to 1820. It may be said the public libraries cannot be sup-
posed to make room for copies of every work pub-
lished. Granted; but in these cases, at least, re-
turn the
_work to the author or publisher. Why is
the author taxed but for the advancement of learning, and
how is that advanced by works rotting in a cellar and shut
from mortal eyes. Expensive works, and works filled with
beautiful engravings, find their way into the public book-
cases, however frivolous the subject, or however bad the
performance; but works of real science, works beautiful
for composition and useful for the learning they contain,
remain buried in the sepulchres of the Stationers' Corn-
pany, unregarded, unheeded, and unsought for. And why !
because they interest only a few, the Librarians of the dif-
ferent literary institutions not wanting them for their
personal service, forget the public and the author together.
Let this evil at least be remedied, and then, however
grievous, however sore the pressure, I will submit my
patience is not even yet exhausted, although, perhaps,
Sir, my vanity is sorely wounded.
A DISAPPOINTED AUTMOR AND LITERARY DRUDGE.