New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-06-10
Important Copyright Decision in England
Interesting 10 American Authors.

Lord Justice Campbell has reversed the
! decision Of Baron Role and has decided that Fog
/ Cnors first PUBLISHING ~ Earl4nd are entitled 10
Copyright The issue was tired last year upon an
action 10 recover for the piratIny of musical com
position. cayatIna from The opera OF L. S1rHag5a.f
The declaration claimed that the plaintiff was owner
Of the copyright at the time when the ofenSe was
committed. This was denied and The defense assert
Cd that at the time no copyright ID the WORK existed
IN evidence Il was shown that the Opera was COM
posed IN 1881 and that Bgiln ass sncl the copy
night TO a Mr. Ricori according TO the Laws OF Milan
where they both then lived That RcOrdl sold the
copyright for a consideration TO q nativeb0rn English
subject, Mr. Booscy-that there had been no prior
publication Of the work anywhere, and that Boosey
took all proper legal steps fer the publication. But
Baron Eolfe ruled against him and a writ Of error
was brought before Lord Campbell
The first question vast Authors had a copyright
n their works at common Law. That was not es-
senta but the Judges opinion rested upon the
statute concerning Literary property which entitled
the plaintiff 20 maintain the action upon the testi-
mony adduced.
Lord Campbell reviewed the testimony upon
which Baron Rolf held that foreigner by pub
fishing ms work in Great Britain acquired 10 copy
| right II these premises were sound, the inference
subject WhopurchaScs from foreigner such Alright as
he had IN his country cannot be in better condi-
ton in England than the foreigner would have been
himself
Lord Campbell declared that the act of Anne for
the encouragement Of learning va, furthcred by al
lowing a copyright to aliens who first published IN
England. and that Parliament nal always favored
the importation of foreign literature Hecon,nucJ
sending to publisher his work here acquires COPY
right pom this depends his right TO transfer MS
right to another. IL Is admitted that foreigner, n
he composCs a literary work here. may acquire
copyright. and Mr.. Peacock would not deny that n
foreigner, being here for temporary purpose, Wnle
here wrote apOem, he might publish ana acquire
copyright IN II here. II he had composed u m ms o"n
country and brought 1t over in his memory and poo
duced here for the first tlme or II he mad written
out a book IN manuscript, would II have made any
difference 10 his rights Can his personal appear
ancc within realm be essential 60 ms right as an
author. If he does that by IN agent which It IS not
disputed he might do IN ms own proper person lne
right Is TO acquire monopoly IN England iOr the
sale of his work the right Is personal property which
he Carrie with him wherever he IS and all that Is 20
be done TO negotiate It he may do by another Where,
then, can be the necessity OF crossing from CALAIS to
Dover before giving instructions or the publication
of his work and entering II at StitlonerS mall Inc
| law Of England Will protect his property and re-
cognizo ms rights and give him redress for wrongs
| inflicted upon INN here
Tie quoted the case OF GlbbOn, at Lausanne rs 10
the point and then said
For these reasons We think that # an alien,
siding IN ms own country. were to compose a liter
airy work there and should continue to reside there
without publishing his work. but should cause 10 %
be published ia tins country. DE would be am author
for the encouragement OF learning, and might man
tam action against amy one VINO should pirate aus
work We iciSh o. be- iQderSf00f az speaking ~ me
rgktS Of fore gHr first PUBLISHING has rlrt m Eng
land but n literary work Is once published. an
| author can only claim copyright by thc law OF the
! country III which II Is first published
| This IT Will be noticed is a decision Of grave lm-
! portancc An American may now, by first publish
| ing his work IN England, enJoya copyright there.
Equity not to say Il decent courtesy. demands upon
the part Of the United states similar act of JUS
tice to literary men, It is with the utmost pleasure
that We record. III this public manner the sympathy
and long-conunuod efforts to effect this result Of the
| eminent Publisher, RICHARD BENTLEY of London
We are permitted 10 make the following extract
! from recent letter of Mr. Bentleys, in which he
refers. with natural pride, to his action IN the mat
| ter American authors who propose to avail them
selves of this decision Will remember who has been
their friend Mr.. Bentley says
You viii be delighted to hear that at last the
question of the right OF foreigners 10 cOpyr gnt IN
Great Britain has been decided IN Their favor by the
Lord Chef Justice and the other Judges sitting
! Court of Error Congratulate me, my dear friend,
upon this accordance of law with common sense. l
have fought long for this, and nave had risk OF great
loss through the rash opinion evenly the Lord met
Justice Pollok Thus. then. this very troublesome
matter IS finally settled because It Is idle TO talk Of
taking the matter 10 the House of L0rdS-it Is mere
folly. l think deserve something at the hands of
American authors for fighting Their battles so long
and increasingly