New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-02-29
LITERARY PROPERTY.


SIR: In The Nation of last week there is an
article upon the copyright question The article is in
favor OF the passage of law creating an International
Copyright AS part of the argument in support OF such
"A law Il IL maintained that there il DO distinction
between the kind Of property had by author in his
productions after publication granted by the Law OF
copyright, and any ordinary kind OF property.
The writer of the article says that some persons in
Phii.s dAlnha7 --2-a-Sa - ~-- -
while concedinc that an author owns his Ideas
az long as he keeps them to himself, declare thas
II he gives uterance 10 them they become Re hgnG anu
S 4e 10 tSg ia in substance as follows
As far natural right goes there ls no dsthctou
SropertT' II have natural night to anything
/ have natural right to what ! produce
and other people desire and are Wiling 70
pay for if they obtain 1t without paying Tor H.
Moreover, it is not ideas III which an anthoI mas
property in ideas. An authors property hes IN inc
clothing Of his ideas in language 1t is TINS cothhe OF
value at all II it had not all the incidents OF property
We have just much right TO walk INTO Pubisner
ing him the bare cost OF production as he to take an
authors manuscript his printed work, and reproduce
il and sell it for his benefit The natural sense OF JUS
mans D carving 9 book which has cost me years Of
labor and selling it at profit and pockeng the money
~ by his running of with my painting or my carved
as matter of fact society does not as yet look on the
two acts IN the same nght."
These remarks were no donbt designed TO be IN the in
terest OF literary and to be for their benefit bntthey
are really calculated to nure their cause They do not
place the rights Of literary upon their true grounds
IL is true as is stated that the exclusive right to print
publish and sell his works the right which author
needs have guaranteed TO him or bis assgns This II
the right which secured by the laws OF copyright
When an author gives away sells book, upon which
he has obtained copyright the person to whom he has
sold it, notwithstanding the gift or safe Ia him, cannot
copy, initiate reproduce It and sell the copies im
tions or reproductions The restriction upon his so
doing rendered necessary by the peculiar nature Of
literary productions.
Now in regard other kinds of property there IS 10
necessity any such restriction. Accordingly, in the
case OF gift or sale Of piece Of ordinary property just
the true The person to w2m such piece OF
uroperty saw for example piece Of clohng. has been
gwen or sold by the original maker, can put II to any
use that he chooses without any Limitation whatever
exactly as the original could have done Among
the other to which he may put H. he can copy inn
tate and reproduce It, and sell and make business OF
selling the copies, limitations, and reproductions Aud
this is the difference between the kind Of property ere
aed by the laws of copyright and ordinary property
They are quite distinct. Literary property Is not AT all
natural right but the contrary is in direct contra
vention Of natural rights The difference grows out Of
the peculiar nature Of literary productions.
That such is the nature OF copyright, and that II IS
purely the of statute law is evident from the
consideration that it is granted only upon compliance
with certain conditions and for limited period OF time
It IL also ordinarily granted by State 10 its own citizens
only or TO those who reside within it, borders If
authors exclusive right 10 print publish and sell his
works existed by natural right copyrights would be per-
petua and would not their being 10 statutes, or be
granted only compliance with conditions.
The interests of literature and literary men have sf-
fered greatly In the United States because those who have
put themselves forward as stber champions have not
properly understood the principles which they should
be protected This is why foreign authors
have not more easily obtained il this country the pro-
lection to which they are entitled In England vast
stores OF learning and erudon have been exhausted In
the investigation Of the nature OF copyrights and OF tho
principles on which they depend The ground upon which
copyrights are secured authors in that country ia
not that imaginary natural right but on the ground
that the general benefit of the whole community well
as Justice demands that authors should receive
such peculiar protection the peculiar nature Of their
productions require. Proper and reasonable laws for
the creation of an International Copyright should be
based upon the same principle. JUhIIcL.
Ne,o- York, Feb. q, 1872.