New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-04-07
9UNCLR TOM At LAW,

cedents-it has got before the Courts. 1t
seems that Mr. F. ". THOMAS, a bookseller of
Philadelphia, has caused UHeIe Toms Cabin to
be translated into German, and has issued it in
that language. This Mrs. Stowe regards as 8
violation Of her copyright, and she has accord.
ingly commenced suit in the T. s. Circuit
Court of that city against the publisher. In her
complaint she not only alleges that she is the
author of the original work, bat that she has
caused German translation Of it to be pre-
pared and published, with the sale of which, as
well as with her essential property in the book,
the formulation of Mr. Thomas is in conflict
She accordingly asks for perpetual injunc-
ton upon his publication. And whether
in order that the principle involved may
greatly wropged in this case, or with view
to prevent other translations which might
be made, che has declined proposal to
compromise with Mr.. Thomas and insists on
letting the law take it's course. We are glad,
for the sake of having the principle deter
mined, that she has done so.
1t is an interesting question that is raised in
this suit, namely, Whether the property Of an
author in bis book extends beyond the Ian
guage in which it is written, or whether a YER
sion of it into another idiom forms a new and
distinct property belonging solely to the trans
lator by whom it is made. As for the absolute
moral right, we see nothing in the nature Of
things to limit the ownership of the author.
1t is his work, and it ought TO be for him to
cay on what terms others shall enjoy it, in
whatsoever time, place, or tongue. Such
seems to be the essential righ of the CASE
which is legitimstey subject only to such lin
itatiOns and conditions as Society, acting for
the general welfare may see tit to establish.
This right is recognized in the only copyright
treaty with which We are acquainted between
nations of different language. No French
book can now be translated and published in
England nor can any French play be translated
and performed on the English stage without the
permission of the author; and Bulwer's last
novel is published in England with notice for
bidding it TO be printed in French, as the author
designs to issue it at Paris in version pre-
pared under his own supervision.
But while the author has a moral claim to
such exclusive property in his book, it is far
from certain that our legislation is such as Mrs.
Stoves complaint against Mr.. Thomas would
seem to suppose. Mr. Commissioner Curtis, in
his thorough and lucid treatise on Copyright
the best manual Of the law on the subject
while inclining on general considerations, to
favor the exclusive right of the American
author to publish bis work in other languages
in this country, still says that the question is
an open one. However, the case is not d.
rectly fOreseen or provided for by the statute;
and unless Mrs. Stoves position can be estab-
lished iuferentially from its spirit, or from the
construction Of some hitherto unnoticed
phrase in its language. the Court will have TO
decide against her Should it do so, a revision
of the statute on copyright will be more than
ever necessary.
A point in the law, which would seem to be in
favor of Mr.. Thomas, is the established right of
any one to take an authors work and rewrte it,
or abridge it, putting the same ideas into other
words. Thisis very considerable limitation up
on the absolute right of property and may very
easily be construed to extend to TRANSACTIONS
1t is not possible to say that a translation is
in the same words as the original for not only
lsit IN different language, but the construc-
ton of the sentences and the very form of ex-
preston are often. entirely changed. Certainly
it is less infringement of the authors
right than an abridgement, for il is addressed
to public quite different from that for which
the work was first written, while an abridge-
ment may come into direct competition with
the original Moreover, the law already con-
siders translations of foreign books as indie
pendent works, and grants copyrights for them
accordingly. Whether the translation of an
American book belongs in the same category,
is now to be decided.
With regard to the merits of the contend
ing German translations of "Uncle Tom" We
cannot speak in detail, not having thoroughly
examined either. But from some specimens
wehaye seen, we judge the one published by Mr..
Thomas to be superior to that made for Mrs.
Stowe At any rate, the latter has some very
gross faults, which prove that the translator
neither understands English thoroughly, nor
knows how to write German with respectable
correctness.
HOW THEY TRADE.
The habitual and selfish use of so large a