Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-06-14
COPYRIGHT DECISION IN ENGLAND.

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COPYRIGHT DECISION IN ENGLAND.
FROM THE LONDON TIMES.
ExcHEauxR CHAmBEn.-( suings in Error. Present,
Lord CAmrBELI, and Justices Patteson Maule Colebdge,
Cresswell and Talfourd.)
Boosey VS.. Je6reys
The Court was crowded to hear the judgment in
this case.
Lord CAMPBELL said This was an action for pira,ing
musical composition, entitled "a Cavatna from the Opera
Of La SonnambD by Bsin The declaration, which 10 in
the FORM alleges that this musical composition bad
first been published in England within twenty Eight years
that the plaintiff the proprietor Of the copyright therein
and that the copyright subssing at the time when the
grievances complained of committed. The defendant
pleads, FIRST that the plaintiff the proprietor Of the
copyright in the declaration mentioned secondly, that there
not at the time Of the committing Of the said supposed
grievances subsistng copyright in the composition The
trial coming on before Baron Rol Lord Cranworth evil
dence given behalf Of the plaintiff that the Opera Of La
Sonnambud from which the composition in question TAX
en-, composed by Beni alien, at Milan in February,
1881 that Ben then resided and had since resided
Milan that, by the law of Milan, he entitled the
copyright in this work. and assign any peased
that the 10th Of February 1881, by instrument in
writings signed by him in Man he did, according TO helaw
Of Milan, assign the copyright to Rcord also alien
that such copyright and the right assign the same became
vested in Rcodi that the 9th Of June, 1884, Rcord
in England, made signed and sealed attested by two wit
nesses ndenure whereby, for valuable consideration,
he assigned the copyright Of the Opera Of La nnabua for
and in Great Britain to the plaintiff who native born
British subject that the plaintiff published the Opera Of La
Sonnambua in London the 10th Of June, 1881 that there
had been prior publication Of in Great Britain any other
country that on the 10th Of June, 1884, the plaintiff made
the usual entry at Staoners Hail. in respect Of the pubca
ton and deposited copies the British Museum and other
places ard the 9th Of May, 1884, he caused further en-
tries to be made Staoners Hail. according to the 5,h and
9th Victoria, chap 49, The learned judge in conformity
with the decision Of the Court Of Exchequer in Boosey
Purday directed the jury that that evidence su
Gent and directed them to nd verdict for the defendant
To this ruling bill Of exceptions rendered. upon which
the present writ OF error was brought After listening TO
learned argument all Of opinion that the evidence
was sufficient entle the plaintiff verdict both the
issues, and therefore there be de The
first question discussed whether authors had copyright
their works at law That is essential
determination Of the present il were, strongly
inclined agree with Lord Mansfield and other Judges who
several cases. declared themselves to be in favor Of the
common law right Of authors but judgment
the statutes respecting literary property which think
titled the plaintiff maintain this acten upon the evidence
adduced the trial. the Court Of Exchequer in Boosey
and Purday," Exchequer Reports, l45, overung the
prior decision Of that court on the equity sde the decision Of
the Common Pleas and the decisions Of the Queens Bench
authorities all directly in point expressing opinion that in
such action the right Of the plaintiff must depend the
law Of this country that the laws Of foreign nations
have extra territorial power and the proper construction
Of the statutes of Anne and Of George Ill., that foreign
author residing abroad not author within their
ing and could not have copyrshtin his works. which
intended for the encouragement of British talent by
giving to British authors monopoly in their literary works.
dating from the period Of their first publication here The
learned Judge therefore, held that foreigner by publishing
his work in Great Britain acquired no copyright If these
premises sound the inference drawn from them is nco
trovebe, that British subject who purchases from for
egner such right be had in bis country cannot be
better condition here than the foreigner would have been
sufficient for thinking that il was the ine
ton Of the Legislature to exclude foreigners from the benefit
Of the statutes The British Parliament has power and
be supposed intend egae aliens beyond the
British territory; but within that territory has the power
and conceive, the general words must be presumed
do The monopoly which the conferred is be
enjoyed here and the conditions which they require for
enjoyment to be presumed here What is there rebuff
the presumption that aliens entitled The 9Th Anne
chap. 10, is entitled "An for the Encouragement Of
Learning, by vesng the right in printed books in authors
Assuming the Legislature intended this necessarily for the
encouragement oearnng n Great Britain may not be high
for the encouragement oflearDg country thatforegn-
should be induced send their works here to be first pub
ished in London If Rapin and De Lolme bad written their
valuable works without visiting this country could il be
contended that they should be debared from assigning their
properly the publishers II would i'll become to offer
opinions upon the policy of introducing agricultural produce
manufactures but looking the statutes may with
out improperly observe that has been the uniform policy
Of Parliament facilitate the Importation OF foreign literature
Cax,on in the time of Edward w. when passed to
strain foreigners from carrying trade here provision was
added by section IL that that should extend to prevent
any trader of whatever nation he might be, from bringing
this country any books, written printed. The ques
ton really is whether foreigner, by sending to publisher
his work here, acquires copyright Upon this depends bis
right transfer his right another II admitted that
foreigner il he composes literary work here, may acquire
copyright and Mr.. Peacock would not deny that, for
egner being here for temporary purpose while here wrote
poem be might publish and acquire copyright in here
II he had composed it his country and brought over
in bis memory and produced here for the first time, II he
had written out hook in manuscript would it have made
any difference as to bis ghs Can bis personal appearance
within our realm be essential his right author, il be
does that by an agent which not disputed he might do in
his own proper person The right to acquire monopoly
10 England for the sale OF his work the right personal
property which he carries with him wherever he IS and all
that is to be done to negotiate he may do by another
Where them can be the necessity Of crossing from Calais
to Dover before giving instructions for the publication Of his
work and entering il at Staonersba The law of En-.
gland will proec, his properly, and recognise his rights and
give him redress for wrongs inflicted upon him here In the
9Th Of Henry VIII the Common Pleas held that aliens re-
siding in France might maintain action Of debt here
although aliens have land has been held than an
alien although be had been In this country might
maintain an action for injury to hin reputation contained
in lbel-and that great Judge, Chief Justice Tinds had
observed that il would create IN foreigners unfavoabls