The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-18

Something Practical about Copyright.
The vexed question Of international copy
right seemed a week ago to be on the eve OF
settlement. The article on this subject in the
HERALD took most readers by surprise, though
it was known to considerable number that
treaty between this country and Great
Britain, similar to the copyright treaty be-
tween Great Britain and France, had been
carefully considered and finally arranged in oil
its details, last summer, by Mr. Webster and Mr..
Champion. Our announcement that this treaty
was about to be submitted to the Senate
for ratification, aroused all the slumbering
hostility to the measure; and since then the
mails have been deluged with letters against it,
and the hotels in Washington have been crowded
with publishers, and their agents, alarmed at
the prospect of compulsory honesty toward
foreign authors. Although there is not really
one objection to universal and perpetual copy
right which man Of sense and honor would
think Of urging, yet everybody knows that
recognition of such proprietorship in written
intelligence is opposed, largely and Industrious
ly; and we will, therefore, in q summary way,
meet the main issues which interested parties
have raised against the treaty.
The opponents of the proposed arrangement
choose to consider the subject as one Of simple
interest and expediency; and we are quite ready
to meet them on that ground, which is alto
gether more comprehensive than they seem to
suppose. Under any government, hostility to
the most absolute copyright system is I'M
just and absurd; but, under democratical in
situations like ours such hostility is ridiculous.
The unlimited sovereignty Of the individual
over the creations of his brain is the strength
and stay Of social and political equality. There
is not right in the gift Of God more perfect
There is no other property recognized in COM
munities so actual positive, exclusive, indefea-
sible. Contrast the natural right Of the heirs
Of John Milton to the profits Of Paradise Lost
with that Of the descendants Of one Of Charles the
Seconds cabal, to the rents of domains granted
by the royal and profigate robber from the
general plumber Of the kingdom. The idea is
preposterous. In one case great estate is Gre
ated, from nothing, by the exercise Of divinely
bestowed faculties, and the larger its productive
ness the better for mankind. In the other estates
confscated perhaps for the very virtues of their
possessors, are arbitrarily transferred to men
whose lives are stepped in infamy, and in their
families are made inalienable. This illustrates
the question. The enemies of literary copyright
than could be given by the Almighty. We do
not believe it. Artificial distinctions are CON
tinually growing up in society. and in aristo-
cracies they are made hereditary by letters pa
tent, which assert that, however great man
may be made by God, a king can make one
greater even Of fool. In all governments
such distinctions are made hereditary, to de-
gree, by the tenure Of property But still the
Creator mocks at the petty ranks which men
establish by setting the seal of His nobility and
comforting His riches on whom He will. The
true democrat seconds the divine election by
acknowledging, in all ways, the rights so be-
slowed. These rights-the only rights of pro-
perty which are in their nature entirely beyond
controversy-Are denied. or their recognition
and defence declared 'inexpedent," on pure
ly public grounds" Let us consider a few of
these grounds. in separation.
1t is alleged that recognition of interna
tional copyright wM deprive the mass Of the
people in this country Of the best foreign lite
Toture. This proposition is so false, that it is
only by such recognition that we can obtain
the really most desirable intellectual produc-
tions Of the present age. To those who have
not examined this subject, the fact has been as
tonishing, that the proportion of good books has
so greatly decreased since the gross amount of
republications was SO much enlarged. by i'm
provements in printing and the related arts.
Standard works in theology, metaphysics, his
tory, biography. travels and taste, thirty years
ago, constituted TwO-THTKDs Of the entire book
manufacture. Now they do not constitute more
than oSE-FoURTH- probably not one3ffh. 1t is
found in this period of active competition in all
the departments of industry and speculation,
that large numbers in every business, are gov
erned and limited in their operations solely
tie, and care less, for obligations which
cannot be enforced by the courts. Ger
tain usagee of the trade had hitherto
been found o sufficient protection for the few
publishers who considered. In their respective
fields, whether the market of the whole country
would warrant this or that heavy republication.
and acted accordingly. The best works were
produced in appropriate styles. and sometimes
thousands of dollars were readily expended in
gift copies and in advertisements, to prepare the
public for their reception. The business was
orderly and safe the publishers had then the
benefits Of copyright, by usage and having no
fears Of unjust MISUNDERSTANDING that if
they created a demand for work they would
be allowed to meet that demand with their own
manufactures not hesitate to give us what
ever appeared abroad that was worthy Of repro
duction. This healthy state Of affairs was so
changed that il came to be understood that no
house could get ont q good edition of any
important work and properly introduce it to