New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-12-29
THE LAW OF COPYRIGHT
UNCLE TOMS CABIN IN GERMAN.


In tie United States Circuit Court, Saturday last,
the following opinion delivered by the Hon r. C. Gricr
in the of Mrs Stowe author Of Uncle Toms Cabin
+. W Thomas publisher of German version of that
work:
Colpin f. Store and Harriet Bcceler Store rs p. W.
Thomas In CT u S. f. d. of Penn. In Chancery Sub
mitted on bill and answer.
OF THE COURT
The bill in this case alleges that Mrs Stowe the author
and taorretor of work called Uncle Toms Cabin and
has obtained copyright for the in due form of law
that the defendant has translated into German printed
published and sold the in newspapers and pamphlet
om that such translation is infringement of com
planans copyright and therefore pray an injunction
count, &c.
The answer admits the facts stated in the bill but denies
that such transating, printing, publishing &c is in
irineement of compliments copyright.
The question raised by these pleading has not been de-
ded either IN England or this country in case where
il is directly involved.
In many of the States of Europe II has been made the
subject OF special legslaon In France urss appear
be divided in opinion. Pardissus is OF opinion that
translation not an infringement of copyright Renouard
the contrary argues that il is Mr. Godson in his work
ON Patents, concurs with Pardssus Mr. Curtis in his
treatise on Copyright, agrees with RenOuard.
In this balance of opinions among learned jurists we
must endeavOr find ascertaned principles of the
common law established by judicial decision which
to found cur conclusion
In order TO decide what infringement of an authors
rights must inquire what constitutes literary property
and what recognized such by the Of Congress and
secured and projected thereby.
An author may be said TO be the erector or inventor
both Of the ideas contained in his book and the combina
ton Of words TO represent them Before publication he
Las the exclusive possession of his invention His domn
ion is perfect But when he has published his book and
given bis thoughts, sentiments knowledge discoveries
to the world be can have longer exclusive
sion OF them Such appropriation becomes impossible
and is Inconsistent with the object of publication The au
hors conceptions have become the common property of
his readers who cannot be deprived Of the Of them or
their right 10 communicate others clothed in their
language by lecture or by treatise
The claim literary property therefore .a(er publication
be in the ideaseninents OF the creations Of tho
imagination Of the poet novelist discovered from the
language dio, STYLE the Onward semblance and exhb
ion of them His exclusive property in the creation of
lis mind cannot be vested in the author distractions
but only in the concrete form which he has given them
and the language in which he has clothed them When he
has sold bis book the only property which he reserves to
himself OF which the law gives to him. the exclusive
III h 20 multiply the copies OF that particular c0mbaaou
Of characters which exhibits 10 the eyes Of another the
ideas intended 10 be This is what the law terms
copy copyright See Curtis on Copyright o 10 l. &c
Tho statute Of Anne 70 which so far as Il dos,.bes
the rights and property Of another is bat decaraory of
he mon law is entitled An act Tor tho encourage
"mCI of learning b. arcsfRy tie copies Of printed looks
in The authors, %c II gives the author the sole right Of
printing ard repnting such hook books and describes
those who infringe the authors rights as persons printing
reruting importing such L0ok or books without the
censc Of the author. Our acts of Congress give sub
sinisy The description both OF the authors rights
and what is an Infringement of them
Now although the legal definition Of "J3'k" may be
nueh more extensive than that given by loxicog
ard may include sheet OF music well a bound vol
une yet neccssar conveys the idea OF thought con
ctptions clothed in language, or in masicn characters
WHIT, printed, published lie deny does not consist
merely IL the ideas knowledge inorno,ion comn1ni.
cntd but Ia the conceptions clothed in The same
words whch nal L the same competition lSss Bi9et
Com, iC5l "ocpg' OF a book mast therefore be a
transcript Of the NgpGge in which the conceptions ofths
euibor ave elohcioi something printed ani cnb1delin
tangible shape. The same cOnc Dou coihol IA another
language catnct constitute thc compost sn nor can
It be called rh1 .cript or "oopy 0fiho same 533t"
have seen literal translation Of Barns poems into