The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-19


own citizens to participate In II.
When shall we realize that we are committing
suicide while crying "murderr ], U.
INTERNATIONAL COPYRIGHT.
Text OF the Bill Agreed On-History of Its
support and Opposition.
WASHINGTON. Feb II, 1872.
The following bill will be presented to the Joint
Library Committee Of the Senate and House Mon
day. IL is the measure Of legislation agreed upon
between the foreign authors and American pub
llshers:-
AN ACT to secure copyright to foreign authors
Be it enacted by the Senate and House OF Repre-.
sentaives OF the United States Of America, In Con-
greSs assembled
SECTION /. That any author and artist who is
not citizen OF the United States may secure copy
right for his or her work, In accordance with the
regulations OF the United States Copyright act; pro-
vlded sucn author and artist shall manufacture and
publish said works IN the United States.
SEC. 2-Tnat any author who Is not citizen OF
the United States may secure the right OF transa-
ton OF his or her work, whether the original work
BE- IN eegn country or IN the
publication or sucn original work the author
shall have announced on It's title page
work shall have been registered In the office OF the
Librarian OF the Congress Of the United States and
OF Congress within one month after It's first publ.
cation IN foreign country tor copyright IN accord
Copyright act ana provided also, that the author
shall manufacture and publish The translation OF mis-
or her work In the United states.
SEC 3.This act shall take effect from the date OF
It's passage.
The above bill was drafted by Mr.. Ed
ward l.. Andrews, OF the New York Bar, and
has been accepted by Messrs Appleton. Sheldon and
Van Nostrand, OF the Publishers Committee. The
compromise which resulted In this proposition was
brought about by the evident determination Of the
Library Committee to report no measure that would
inIure the business OF publishing. The chairman.
Senator Morrill,, suggested that "the progress OF
science anu the arts" was 30 intimately bound up
with the projection Of the book trade as we'll as
with the security OF authors. that Congress would
fail In It's constitutional duty It impaired one In
terest while advancing the other. Meanwhile the
delegation o. Philadelphia impoit ers and publishers
seconded by the Harper Brothers and by Mr.. Hub.
BARD, Of Boston. claimed large snare OF the CON-
measure according to the ioreiSn author the east
interest In the profits made from his works by the
American publisher.
the plan oil Mr. Lindlrkin, securing the foreign au-
thor certain percentage OF the sales Of hts book in
American publisher to reprint q foreign
book. whether previously published in this
to h the of
on the publishing business without the exclusive
control OF the work as printed advertised and put
planned by the publishers. The suggestion had
been made with view OF elictlng argument on the
subject, and the reasons adduced against It were
generally regarded as insuperabe.
In this situation OF affairs Mr. Charles Aston Bris-
Messrs Daway and AnSreWs his Counsel a ano
representing tue foreign authors, conferred
with the publishers IN favor OF international copy
right as 10 the possibility OF agreement upon bill
that would be generally acceptable. There was no
difference OF opinion among these gentlemen as to
the inherent right OF an author 10 his tangible pro-
ducu0ns. But the attorneys for the European
authors were as much opposed as the publishers to
foreign books or payment OF a certain royalty. For
many English authors can command higher remu-
neraiion than the fixed amount OF ten per cent: and
besides, it would constitute a great interference
with private property and be amenable to legal OBJ
The representatives OF the authors desired the
fullest measure or right, without limitation or de-
ductlon; the publishers were willing to accede
the most ample ana unrestricted control of mis-
property In American publications. The most
pirated copies-was plainly considered by by
the Congressional Committee as a local
wn'h aceo Ss might m, not
irrespective of their rights Of property. The pub.
fishers agreed to the securing OF foreign authors
books by this process provided those authors would
publish their works in this country. This Is a sine
qua non under the English law and the Copyright
acts or the Continental countries and the publish
ers claimed tna< 1t was only fair the same
proviso, should be inserted In our Inter-
would be manufactured abroad and the publishing
business IN the United States would be restricted TO
books OF which the Copyright had expired. The cost
OF setting up the type forms very large element in
the production OF book. The publishers would
therefore ind 1t impossible to induce Congress to
maxi the duty on paper, glue, &c. heavy enough to
equalize the difference IN the value OF labor abroad
and at home Moreover memorial had been pre-
authors requesting the passage OF a bill securing
them the remedies oil copyright statute ana at the
saaest s s as wa ps aoca
ment before them It was not likely That ant-ree
trace Congress would refuse the American publisher
what he desired while the persons whose rights
were concerned were quite willing to be obliged to
publish In America those DOCKS to be sold in
America Neither the English nor American author
cares author where MS book Is published, pro.
vded ne gets his rIghtful profits. As Congress
would not pass any measure failing TO secure Amer.
one question remained-whether foreign authors
property In his books was to remain without
naked international copyright would lind no pro-
tectlve interest to oppose w or whether all authors
influence with fair-minded American publishers
to carry q measure that would 'secure to
foreign authors, for limited times, the exclusive
righp TO their productions. II some such course
not chosen, the anttcopysts babe fair TO defeat
all active measures. II protecuonst publishers in
sisted on their proviso In the bil was adverse TO
free trade and not to foreign authOrs-t did not
affect them one tltte-thev had nothing to do with
the ngnt between the English publisher q q tine
and Van Nostrand agreed TO strike out or their bill
al limitations In point OF time and reduce II to the
simple measure above Mr. Brlsted authorized his
lawyer, Mr. Andrews, to express to the committee
mis- concurrence IN the bill adopted.
Az the last meeting OF the committee, Mr.. Sheldon
announced the adhesion or the publishers, and
Mr.. Andrews expressed the desire OF many
foreign authors to obtain the measure
OF ther rights as Incorporated In
tne compromise plan, without regard TO
larn questions, which Congress might settle as adj
vlsed " those Interested. lie also stated that Mr.
Drs.ea' sne representative OF the Copyright Asso
clauon did not wish TO oppose this bill as the only
prNctlcable one and while regarding revenue aues
lions as irrelevant to the fact asssnted to tfre
measure IN i1y present shape, and hoped the bill
WOuu pass. me result OF the whole discussion, as
mere embodied, 10 substantial agreement upon the
plan Of Hon s. =. Cox That gentleman mas also
concurred IN the above form Of enactment.