The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-02-08
The International Copyright Treaty.


graphic intelligence from Washington Informs
us that the famous International Copyright
treaty has at length been printed, and laid be-
fore the members Of the Senate. A copy of the
treaty, as discussed last year between Messrs,
Everett and Champion will be found in another
column. 1t is not, however, the project on
which the Senate will now be called upon to
decide. In order to meet the views which were
urged so strenuously last year by the book
selling and publishing interest, an amendment
has been proposed by Mr.. Everett excluding
from the benefit of the treaty all works printed
abroad. 1t will he within the recollection of
most Of our readers that when the treaty was
pressed upon the Senate last year, the advo-
Gates of the publishing interest complained bit
terly that, were it to pass, all our books would
be printed abroad and our printers, book
binders, &C., deprived of living. The argu-
ment was not very ereditable either to the head
or the heart OF its author: but such pleas al
ways find timid souls 10 echo them. even within
the walls Of the United States Senate The fear
decomposition in theprinting business had doubt
less great deal to do with the postponement
OF the treaty Argument being thrown away
on those who oppose it upon this ground, Mr.
Everett proposes compromise which will re-
lieve them from apprehension, and at the same
time comport with the obligations of honesty
and fair dealing. He suggests that British
works printed in Great Britain and imported
here shall not be entitled to the benefits of the
treaty; or in other words, that the British au-
thor can claim no copyright in his works here.
unless they are reprinted in this coun-
try. The concession herein granted to
the defenders of piracy is not material:
all the British works of any note are usually
reprinted in this country, and thus the cases
in which we shall still figure as robbers of other
mems ideas will be exceedingly rare. At all
events, the leading spirits of the day, who have
exercised as large and as beneficial an influence
Oh the American as on the British mind and
whom we have hitherto deirauded of their in At
reward-Dickens, Macauley, Balwer, Carlyle.
Alison, Tenny cCulloch,F Graday, Herschel
will now receive the proper wages of their
toll, and substantial token of our gratitude.
The question has been SO long before the
country, and the sense Of the public has been
so often taken on its merits that it may seem
unnecessary to add any arguments to the bare
statement OF the fact that the project of an in
| teTnational copyright is once more before the
| Senate. 1t is not twelve menths since the
unanimous voice Of the independent press called
upon that body TO confirm the treaty The
constitutional power Of the Senate to settle
in secret session such matters as interna-
us.l,4
nents OF the measure the abiest legal minds
in the community decided that it had that
power Indeed, it would never have been
questioned but for the apprehensons of few
rapacious publishers The rights of foreign
authors in their works circulating in this coun-
try are as clearly subject matter for q treaty
as the rights Of foreign vessels sailing to our
ports. If we insist on Congress iegislating on
the one, Congress will feel the duty of regu-
lating the other; and practically the functions
of the Senate, sitting in Executive Committee,
will become perfect sinecure
We are not aware that the bread princi-
pie OF an international copyrights law has
ever been questioned in any respectable
quarter A few publishers have intrigued
| against its adoption but they have inva-
riably assailed it on some side ground, and
| shirked or admitted the abstract right of 70
reigners to their property in their works. Even
| among the publishers, large section, compris-
ing, we believe, majority of the class, headed
by George p. Putnam Of this city, some years
| ago presented memorial to Congress praying
for an international copyright. The ground
they took was that American authors were now
ss large sufferers by the absence of some such
protection as English authors used to be. That
position we take TO be impregnable. Iudepen-
| IDENTITY of the question Of principle, which alone
ought to be enough to decide the matter, self
interest now dictates the adoption OF an honest
policy. We have robbed Englishmen with i'm
punity for many year they are now robbing
US to on equal extent. Shall we not agree to-
gether 10 put stop to this system of mutual
forays?
| In the firm persuasion that the Senate will
| decide this matter in accordance with the plain
dictates of honesty, we will make one sugges-
tion to Congress. The second article of the
treaty begins as follows =
The stpulations of the preceding article shall also
be applicable TO the representation OF dramatic works
and 10 the performance of musical compositions in
far the laws Of each Of the two Countries are or
shall be applicable in this respect to dramatic and
musical works first publicly represented or performed
| therein, &c.
This last provisowas rendered necessary by the
defects Of our copyright law. 1t is perhaps not
generally known to the public that under our
present law, dramatic authors have no exclu-
sive property in their works. Any manager is
at liberty to have them reported in short hand
or to purchase printed copy aud to perform
them at his theatre without paying one cent to
the author. 1t is difficult to conceive what can
have been the motive Of SO unjust rule la
all other countries, the manager who performs
play is bound to pay trife to the author on
each night Of its performance. The theatre