The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1843-02-04

INTERNATIONAL COPYRIGHT,
The Democratic Review for February, copy
Of which we have been permitted 10 see IN advance,
we sorry TO perceive, wan all It's former OPT
Mons, opens with deDunciaon oil Inc international
copyright. " The copyright between nations" II
saws in choice classical phrase with the enthusiasm
and disregard OF the feelings OF others, which gene
rally marks the dscourses Of young converts, the
copyright SO eagerly camored for, is all a huabug"
We are sorry 10 see this change OF opinion, be-
cause have heretofore admired the best OF Ame-
rican Magazines, more for the high moral tone
which il has assumed than for the ability great
as il was, of It's dsquisitions We are shocked 10
find il In the maturity Of its powers, The conscious
and avowed apologlst Of what seems to US downright
fraud and piracy.
Let ms look at IL, argument. We shall, however,
not follow It's example in treating OF the question
of erpedie,ey and then bringing IN the ques ION oil
right as sort of after thought but shall, primarily
and srenuously insist upon the latter question as The
all important one.
Has the author of an original book any right Of
property in his production This, in miuds,
is the sole point in issue, and so unsophslicated are
we, that we can only answer the question IN the
affirmative. When man, neglecting all other kinds
of business In obedience to high call from within,
spends laborous days and nights in the construction
Of some great poem, or the working-oul some grand
problem Of philosophy when in the midst oil power
", suffering, neglect or contumely he has remained
faithful his gift, and recorded ms oity iallh IN
health he has discovered source OF instruction and
pleasure of more worth than ten thousand fortunes;
IN short when he has written true and great book,
it is very hard indeed il the result of hls lifelong
labor cannot be called his IL there be any thing IN
the world 10 which the idea Of property attach,
il !, most assuredly that which man has made
Ii matters not whether he has made it with his
iingers-as Is the case in mechanical productions,
or with his brain, as book, or with both, as new
piece of machinery In either case, it is peculiarly
II hal, N, and IN, nls 4
creation it is part of his existence it is the very
fruit of his spirit And f r any to invade his
right to it, without his consent, Is robbery What
right of property has any man in any thing suscept
BILE of appropriation, which cannot be applied to the
right of author in his productions /, there in the
whole range of treatises moral philosophy, def
milton of property which does not cover property IN
books To say, then that an author has 10 such
right is to unsette the whole foundation oil morals
If nv book is mine then that mechanics shoe Is
not his that wcayers cloth is not his, that farmers
bushel of wheat is not his
"Bu," argues the Democratic Review, in one of
the absurdest distinctions tht ever hairsplitter al
tempted " when you take an authors book, you take
nothing from him." May not light my candle at
my neig hbor's lamp, without wrong to hm-may
not warm myself by his fre-may | not enjoy the
sight of the fine houses and gardens he bullds-and
may not, in the same way, drink inspiration from
his books 2" Now, we answer to this, that you do
take something from author when you apr oprlae
his book. You wrong him of his right Of publica-
tonyou steal the property which would result from
that righ--you deprive him, il may be, OF his very
means of subsistence. When thief enters my Ii
brsry and purlons my manuscripts, does he take no.
thing from me- Whena bookseller steps in between
and the public, and pirates my work, does he take
nothing from me? Yes, he IS guilty OF as great
crime as he would be if he picked my pocket. He
robs me of that which may be my sole dependence
he is taking the bread from my mouth he IS mpover-
ishing my family. Away, then, with the disgraceful
logic and the detestable morality of the Democratic
Revew-ths logic Of the Observation-Disclosures mo-
raty of the pirate
1t is not relevant to embarrass the discussion with
the inquiry, whether the right of literary property,
is perpetual not; we shall only remark, that the
reviewer seems to have lost sight OF the difference be-
tween a mechanical invention aud work of genius
IT is a singular fact in history, that the most impor
tant inventions strike the minds Of several different
persons almost at the time for which reason the
law allows only limited pateDright to the first DIS
coverer inventor. But it never occurred to two
minds at the time, or in the whole course of
time, 10 produce poems philosophical trcatses,
precisely alike that the reason limiting patent
right cannot be applied to copyrights.
There IS anoth consideration that the reviewer
overlooks 1t is this. Whatever reason exists for
giving an author copy right in his own country,
applies with equal force in all other countries
where his language spoken. If II be but just in
England TO Mr.. Carlyle the proceuds of the
publication of his books, IT Is Just IN the United
States. AZ long ago the days of Horace, II was
said that they who tie seas change their eli
mate, not their character. Justice i essentially
the on this it is on the other side of the
Atlantic. Mr.. Dickens either deserves his copy
right in England, he does not if he does deserve
it there, the same principle he deserves it here
If he does deserve there then the granting of
IL by the Government is mere gratuy IL Is an ex-
elusive privilege it is tie comforting of monopoly,
which, according to the theories of Government so
often and so eloquenty expounded by the Democra-
tic Review, is gross political wrong. The argu-
ment Of the Review destroys all COPYRIGHT. When
apply TO Mr. Belts of the New York district, for a
copywri ght it is secured to by the law either as
a matter Of moral right matter Of legal ia
vor. IL the former, my right is good all over the
world and If the latter the grant is violation of
that cardinal democratic maxim, Justice 10 all IA
yor to none.N
"The author" again urges the new.light review
err Is paid in Distinction fame honor, applause, and
the consciousness of usefulness This certainly
unds very magnanimous; but occasionally OBJ
serve short notices on the covers Of the Review,
which demonstrate efectuay than the say-so
of the Reviewer, that he himself Is not altogether
satisfied with that kind Of payment
As to the expediency Of an international law, we
shall have a word TO say hereaftr.
III nI, r.