New-York tribune., 1869-01-08
NEW-YORK DAILY TRIBUNE.

tion of the contents n This not publication copy
right would be- worthless ,omPsbt ~ n,iusivc rcprc.
scntatOn OF any product OF lie "ulnVVs, nv
limited TO few lears-the iaet M"a" d "e & &Tdppt The
copyright is confined 10 the citizen ana resuen' III III
other APPLIES 90 al There is no yanaoe eAcusiye TIL rls,
in the works % foreign author i't Va nc ci 80
nor eyeu in teir rcpnhca0u. though by the custom oi
trade other publishers refrain rom Pupiis,luS
otion on the stage In London. and the De
fendant insists in his answer ihad reot nrnber ~
represented upon the stage in Iondon great M
times and the defendant oDtalheu !. d ,,
and heard the representation s h e n same
there prohibition III tle ,he"' t trs, norrvine
was heard norupon the tickets OF enly aglns1 @ LUZ
ut }{ntentio to ininre the plaintiff We must, there
fore assume the defendant possessed hhseH OF 1Ht,
by means not ,tldgfi IN themselves hroug tosc 1
- ad heard II repreSented in London aud published
~ in ths country If the defendant had obtained copy
from printed book, magazine or WsPapeIi theic c M
he no dnnbt of his legal right multiply copies ana sell
them TO the public. How can theIe oe a! @ VI ,, ,
those who learn and carry away IN memory
comedy or play from seeing ana nearing near l1s ,h w.,
staSei An our national egslation MS well
as thatproposed for the benefit Of foreign authors pro
ceed non the conceded principle that the WORK o Iol
author brought here may be made
person without any eonpesatoh ,h coottttne Of
the senate in the report made IN 1884, by It's distinguished
Chairman Mr. Clay where an auemp wac , sa1 TT T an
thors bill accompanied the report when Ia'ieu' @ ,
h M "nly pepsons entitled to copyright shall be suc
authors citizens and residents and iheir as,igaes
come TO reside. he takes from person wno
is not within the privilege OF the stat
ute and has nothing TO confer" tCuftss on topy
right Ilg The ninth Of the same act pr0hbit
the publication of manuscripts without consent anu au
thorizes the couts by injunction to restrain suo, po
cation of any manuscripts but the eighth section eA
presely excludes that section from any appncatoh to
works written or composed by any person not cilIsh
NOR resident Of tLe United States: thus recognizing INC
nrincjpo i'm this country that when the foreign author
rommincaes without restrictions, the contehis o is
manuscript or work TO others he diyess .soIi W @ ns
exclusive property in It, In other W. I, -,
has taken away the common ~" ,orp - n"ii,.hed
a non resident alien as soon as tue Mofk 10 Puosheu
3" ',i,v,is an ronvtigbf. y. l43. All the ute uc
VNi,'noo con have is the common law tue 10
an Innnbjehed manuscript tbut in one lawfnliy mace
bi m has no other title than such as the author pos
osJ aftr puhicatOu The main question IN tbs case
u.s. snhstataly decided by this Court In the case oi
K@ene agt Clark 9Th Robertson 49, there II was eA-
prcssy held where the spectators OF puDnc pcrlou
ance have not entered into some express or Implied
understanding with iis proprietor limiting the Use tney
make OF the knowledge derived nom being present Ht
such performance they cannot be resraned az 10 tbe
se by them OF so OF they can retain ana carry
away I'm their memory" do not see how tins case can
lie distinguished IN principle from that rule thus
Laid down. The plaintiff has failed 10 make
case for the interference Of the Court by injunc-
ton Confts must administer the law as they
find H. This may be case OF great hardsnlp ior lne
plaintiff but the remedy IS 10 be found IN national iegs
fation The difficulty exists III relation to the repub-
cation OF the unc0pyrghted works of those who have
enriched the world by their contributions to the ltera-
ture of the republic OF letters well rs 10 those who pub
sh editions OF foreign authors yet these defects III the
legislation of the country have continued for many years
In the absence of any international law OF copyright II Is
difficult how foreign authors. their assignees or
publishers OF foreign literature can be protected Inc III
fuucfOn order In this he dissolved Win sO costs