The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-10-20


there is no international copyright bet ween us
and the United States. II Is exactly as though
there were none between Middlesex and York
shire. In our endeavors to get at the root of
this m after, and to understand whether an in-
ternational copyright would in truth be bened-
cial TO the literary interests of the two countries,
we should, think, bear in mind the literary
position of each of them. The United States
are OF the two the richer in readers, whereas
England, including, of course, Scotland and
Ireland, is as yet the richer in writers. That
such difference exists is indisputable, and 1t is
the natural result OF the condition of the coun-
tries. The United States, beginning, as il were,
airesh, with the experience OF all other coun-
tries Lefore them and weighed down, when SO
beginning, with no existing burden of rooted
ignorance, have been able to teach their chll.
dTen-l may almost say to teach all their chill
dren-to read and write. BY reading l mean,
as SAID before, the faculty OF finding positive
enjoyment In book. ] am afraid we must
own that we fall very fer short of this as
regards our millions. But among us that
leisure which comes from long prosperity
and established wealth has been favorable to
literary production, as 1t has been favorable to
all intellectual employment. The United States
count their authors in quickly increasing num-
bers, but they have not, as yet, Increased with
them as they have with us; and therefore it is
that the Americans consume while the English
produce And, added to this, there IS, think
on the part of Americans, prejudice IN favor
of the literature of England over their own
Their most popular authors are more popular
with us than they are in their own country
whereas the works of Dickens and Tennyson
are sold in numbers of which we know nothing
II this be SO and think that the assert on will
be contradicted by no Engshman or American
who has watched the market for literature in
the two countres-it would appear at first sight
that we Englishmen, in asking for an interna-
donal copyright, are demanding from them
much more than we are prepared or are able to
give in return. But what if it be so? In a
great International question: shall interest over
ride honestly Shall great nation consent to
possess itself of that which is not its own be-
cause it has the power to do so? Would the
Americans take, and dare to say that they took,
our cloths and our cutlery without paying us in
corn or in cotton, if simply they had the power
to do SO? Itseems to me that any such policy
must be most ruinous to the nation which
adopts II, But here in this case, | maintain
that the assumption is altogether wrong which
presumes that America gains in literature by
the absence OF International copyright. America
loses fully as much as England can lose. In
Decd whenever protection is named as the prin-
ciple under which rights shall be defended
protection by acts of Parliament or of Congress,
or of GoVernment-we may be quite sure that
each party concerned will be the loser. 1t NAV
be thought that certain booksellers in the
United States may gain by the protection to
them of property which Is not their own Ihouoh
they (the booksellers) do not themselves so be.
lievc; but no one can think that the readers of
the country-that is, literature itself in the
States-can gain by ii. And now l Will ask you
TO let me explain what's the present system of
republication ofmodern books IN the two coun-
tries; for of course, there is no International
copyright the system is the same in each
equally dishonest IN the one as in the other. |
will speak of the republication in America of
English books, not as showing any wrong
stronger than might be shown on the other
side, but because it is the view Of the question
10 which my own atten ion has naturally been
drawn. Mr.. Smith shall be q popular English
author-or rather author gradually becom-
ing SO popular that reprint OF some one of his
books in the United States is considered desira-
BILE. The reprint is made by some firm there,
probably, without any question asked-or if
asked, IT is asked of Mr.. Smiths English pub
Usher, and not OF Mr.. Smith. Mr.. Smith, when
he hears OF IT, is not whit displeased. Lord
Camdcn's theory holds good for the nonce, and
Mr. Smith is satisfied with his American glory;
put things progress, and Mr.. Smith begins to
ind that he has an American public at his dis
posal. He is lead in the United States, and
iidings come TO him of editions very wonderful
IN number which are printed and sold, and Tor
which ne receives no further payment than that
which comes to him from his American glory.
Then he arouses himself and becomes dIssatis-
fed What copies by the thousand, by i've
thousands, by ten thousands, and no return TO
me, Smith, for all that ] have done for this I'M.
grateful .people!" Upon this he inquiries and
learns that the American publisher who has
reprinted him 10 this extent beyond all his
aspirations, IS willing TO deal with him. though
there is no law of international copyright.
Perhaps he goes to New York and sees the
American publisher. The result is ths-the
American publisher will deal hith him. Tue
generous publisher. although he undoubtedly
has Mr.. Smith in his grasp, scorns to repub-
llsh Mr. Smiths works without paying for
them. He will pay for what are called
early sheets-or, more intelligibly, for the re-
ceipts OF early sheets-which will enable him,
the American publisher, to bring out the work
on the same day as that on which it appears in
England. Mr.. Smith is delighted, and thinks of
his price. But the American publisher has also
thought Of his price, and knows more about it |
than Mr.. Smith knows. He will pay price for
MIR. Smiths great and favorite work on receipt |
of the early sheets which will, perhaps, nearly |
detray the cost of Mr. Smiths journey to Ame- |
r1ca. MIR, Smith demurs, thinking that if there |
: to be matter OF bargaining, each party to |
he bargain should have veto. But here the |
American publisher closes upon the English |
author and demolishes him at once. 'No, Mr.. |
Smith, have taken you up at great outlay of |
capital, and must 90 on with you. | will deal |
with you willingly al so many dollars, upon such |
and such terms; but if that does not suit you, |
fear that must go on without the payment TO |
you of any dollars at ALL and on no terms as be-
tween you and me. l can afford nothing else.
How can | pay you high price for your work |
when my neighbor in the next streetcan reprint |
II from the first copy he gets?" And in truth |
sence OF international copyright which initiates |
against the English author which initiates |
equally against the American author acts |
with lar greater. strength against the |
llsher can, in fact, buy nothing beyond |
that almost surrepttious value of early |
possession. The moment that Messrs. A x |
b, IN Broadway, have brought forth an En- |
and-ninth street, can reprint 1t from the reprint
OF their Broadway neghbor. | have fought |
l should rather say have attempted to FIGHT |
this Datte with American Publishers, and have |
ietIed from the contest wounded and sore dis |
comdted. 1t may be that have had myoyn ne |
cnliar little quarrels. But am firmly convinced |
firstly, by the arguments and Operations of |
certain eut Aplerlcan publishers in whom have