Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-03-25
NATIONAL INTELLIGENCER.
INTERNATIONAL COPYRIGHT.

more communications on TINS nupJecs' lhS WI
ficting opinions to which the question has given
RISE considered in connection with its continued pen
dency before the Senate in the shape of treaty
now. it is understood, awaiting the ratification or
rejection of that branch of the Government, may
be deemed, it is hoped, sufficient to justify us in
expressing somewhat at large our own sentiments
on this interesting and important topic; and in or
der to approach the subject in proper direction, we
propose to offer some preliminary observations on
the nature of what is called /" literary property"
and shall endeavor to ascertain and define wherein
consists the right of an author to enjoy usufruct
in his productions and also what the limitations
or reservations ifany, to which this right is subject
We have no very satisfactory data for ascertain
ing the usages of antiquity in the matter of au-
thor's rights and privileges. Among the Greeks
all literary activity we incline to think, was left to
be its own exceeding great reward, except perhaps
in the case of dramatic entertainments, which were
certainly fostered by subventions the part of the
State, and stimulated by the offer of prizes. We
read that the old Father of History recited before
the congregated Greeks at the Olympic games GER
tain portions of his charming narrative, (modern
critics we know have sought to spoil this story by
questioning its authenticity but we left in g
norance respecting all that related to his power in
controlling the dissemination Of his writings. Pa-
to's lectures on philosophy were delivered in the
groves Of Academus before throng of ilustrous
and admiring pupils; but, if among them any had
essayed to retail his lectures at second hand, we
know not if there was at Athens any tribunal to
which the philosopher could look for redress, as in
modern times and in similar case M. Cousin was
able to do in Franco
There are reasons, we think, for believing that
among the Romans an author possessed during his
life the exclusive right to dispose of his works
We are aware that this is questioned by many; but
the incidental evidences in favor of some such right
are too thickly scattered through the Latin classics
to leave much doubt, it seems to us in the mind
of careful reader If any one had right to copy
drama, why were the Roman ediles charged with
the duty Of buying the exclusive right in the plays
of Terence, as in his Eunuch, for instance, which
Suetonius tells US commanded higher price than
any drama before acted on the Roman stage? What
does Martial mean in his epigrams when he very
significantly replies to hiss friend Quintus who had
solicited a " complimentary copy Of his poems, I" ]
have none, Quintus, bat Tryphon, my bookseller,
has y Or what does he mean when he says in an
other passage that Ttrypbtn could sell one of his
works, the Ieni0, at two snaatars instead Of four
md yet make money by it Or what does he
mean when, in still another place, he proudly re
pies to those who pronounced him no poet, aThe
nan that sells me, nv bookseller, he thinks me
ON? Do not these several passages imply tia
tia poet had disposed of his copyright to Tryphon
that Tryphon had a monopoly in the Xenia, and
raised the price accordingly and that Tryphon drove
good business by selling the Epigrams of Mar
tial, in fourteen volumesW
But, Of course, it was not until the invention of
printing had facilitated the multiplication of books
and thereby made the book-trade one of the most
lucrative sources of modern industrial activity that
we could expect to find the rights Of authors made
matter of inquiry and of special legislation; and
it is curious fact in the history of this subject
that there long existed conflict between the theory
of writer's and the acts of Legislators concerning the
nature of literary property" The former almost
universally maintained the perpetuity of an author
right in mis- literary productions while the latter as
uniformly ignored this assumed right by refusing to
protect the author in its enjoyment beyond limit
ed, and at first wholly inadequate, term of years.
While men like Hericourt, Diderot, Voltaire, and
the Auocat- General Seguer were loud in their de-
nunciations of French legislation this subject,
that legislation remained the same; and while men
ike LORD ManSHeIu ana MT. DlackSCOne, IN
England, were free to declare that according to
Common Law an author possessed perpetual pro-
priety in his works, the very inadequate statute of
Queen Annes reign, securing to authors an excl,l-
sive right in their productions for the term of only
fourteen years. remained in force as late as the year
1874 when the existing and far better copyright
act was passed 1t is often to be remarked that the
practical common sense OF nation is q safer and
sounder guide than all the abstract theories Of the
system-mongers. 1t was SO in the matter under
consideration. The people were right in denying
the perpetual and hereditablo nature of literary
property" the theorists were wrong in affirming
that mans right to his published works was the
same, in kind and degree, as his right to farm or
house. As this is still, however, litigated ques-
ton, and as the whole complexion of the right in
dispute must depend on the manner of its solution,
we shall ask the readers indulgence while we at
tempt to set the matter, in what seems to us, its
true light.
Much learned, if not always valuable, discussion
has been raised respecting the true nature and orr
gin of property in general. 1t is equally true that
the earth is the common residence of man, and yet
that one man may acquire such right over part
or parts Of it as to exclude all others from joint
possession 1t enters into the very essence and idea
property to be sacred and inviolabe. To attack
Ills to attack the fabric of social order at its very
bae. Without seeking to entanglc our discussion
with unnecessary subtleties we may trace the origin
of property to two great primordial principlcs-the
right resulting from occupation, and the right re-
sultng from prescription. Among English writers