New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-02-08
INTERNATIONAL COPYRIGHT.
No sCururs VET SATISFACTORY.

SATISFACTORY WORKING OF INTERNATIONAL
COPYRIGHT IN EUROPE-THE CONTROVERSY
IN THE ENGLISH NEWSPAPERS.
The subject of International Copyright now
before Congress and the American people, should inter
est not only those concerned in authorship and pubca
ton but all who have for the cause of morality,
or any soetude for the national character The subject
has lately come up form. giving fresh aspect
70 the discussion, and bringing into prominence various
points not hitherto sufficiently considered ask space
IN your columns offer some suggestions upon the gene
raj subject upon lthe special features which now
presents.
We frequently hear the remark that this subject has
been discussed TO shrcds and empted OF all interest
but there is deeper wisdom In the observation OF Mr.
Mil that all great subjects much remains yet 70 DO
SAID" IL has been customary to say that the mat'er
entirely simple and that the course to be pursued Is clear
enough II there we're but the disposition TO pursue w.
England wants trade and says she will give copyfgh'
for copyright. We will take that bargain says 'no
American Copyright Association, and disposes OF tne
whole subject In ten lines. But TINS 10 ho'
the case In which we can afford 10 accept
blind trade A question involving the hat'"o anu
limitations OF property in it's most intangloe iorj INC
produetion and distribution Of knowledge, domestic IN
psry and foreign commerce. and the internal pocy OF
different nations; dealing in fact with the higher forces
and features OF civilization, belongs TO statesmen ana
mot 10 peddlers The exchange proposed may be al
right but OF that shall be better able TO Judge ov IN
curing closely what II is we arc going 70 ge III 's
article will glance briefly at the growth OF copyrgh1
laws and at the present working of international copy
right for the purpose Of getting some preliminary da"
for use in future discussions.
Property in material things had been universally
recognized for thousands OF years before the recognition
of intellectual property Printing became general IN
England about century after It's invention, and with
this arose commerce in books Remuneration for the
authors abor-his right TO something for each copy OF
,box ha hadu
defined and provided for because the source to which he
looked for compensation not the public, but the pat
ronage Of the rich The was shaped by the ccum-
OF society and the abect attcry OF the great
by the literary classes, which we are wont
70 look back upon with such disgust, wac
not without its reason. But rs books grew
into wider USE their sale became OF profit. and
the author claimed his right of property In them under
the preGxting laws OF property There was great diff
Guilty however In applying the current property laws 10
an object peculiar and difficult OF definition as property
H. ideas; and Government did not initiate acton upon
the subject. This result OF private enterprise In
1850 the booksellers and printers OF England formed
themselves into association known as the Staoners
Company" and kept register at their hall OF the title
of every book the OF its proprietor, and all
transfers OF ownership In 1867 the dongs of this body
we're legaized by Government which prohibited any
book not thus registered
1t could not be otherwise than that the form of
property which thus grew should at first be subject
20 the legal conditions the old forms Of property
The author considered TO the IDEAS the form
OF their expression IN his book he did his house, by
natural right, absolutely and perpetualy But the COM
law proved inadequate to the new ease; 1t could
not protect intellectual property 1t protected other
property. Piracy OF books and consequent lawsuits be-
eamo common aud in 1909 Parliament pettoned for
a lii protect copyright, the petitioners saying BY
common law "a bookseller can recover no more costs
he prove damage; but IL impossible for him
TO prove the tenhnay perhaps the hundredth part of the
damage he suffers because thousand counterfeit copies
may be dispersed into many hands all the king
dom and he not be able to prove the sale OF them In
response 10 this petition the English Government passed
the first Copyright oct the celebrated act OF Queen
Aunel in Its preamble states that printers book
ncrs and other persons had OF late frequently taken
the liberty OF printing reprintng and puohsnng DOCKS
Dd other writings without consent of the authors
propretors their very great detrment and too often
20 the ruin OF themselves and their families The act
of prohibited by severe penalties the nfractOn OF
copyright for years and longer. But 1t was still
held that copyright perpetual The booksellers fought
the Government hard on this point and we're not beaten
until l773 when the English Parliament formally de-
clared the principle OF the limitation Of copyright
The present English copyright law was,passed in 1912,
and extended legal protection to authors during A
years from the date OF publication In 1910 France legal
lied literary property until 20 years after the authors
death; and she makes distinction between foreigners
and French subjects. In Prussia it endures 80 years
after the authors dccease and the same s the case in
Germany. Austria, and Denmark. Sweden grants copy
right for period Of 20 years, but 1t falls ITO the State
should the author neglect to continue the publication
Russia protects the privilege IS years after the authors
death and Spain so In this country copyright Is
protected years. with the privilege of extension 10 the
surviving family Il years more. Germany and England
began 10 move the matter OF international copyright
about 1887 and the latter country passed her present act
in 1915 and within the dozen years various Euro
pean countries cOncurrcdn the arrangement
Now the copyright system, national and international
Is undoubtedly great step forward In the progress of
law and s of the most important victories of civil
izaton. gives encouragement aud protection to the
most exalted form Of human Effort and attests the grow
ing spirit Of humanity 10y affrmng and guarding the
claims OF strangers and the equal rights Of foreigners
and aliens The international copyright system of Eu-
rope is one OF the nObcs Of progress. and IL
cannot fail 10 lead 10 stili more perfect system which
will ultimately embrace the whole civilized world. But
great as may lee our admiration for what Is already
achieved stl estimate it critically aud Impair
TALLY. The sketch given presents the subject a
growth Of centuries. In the recognition aud protection
of literary property as in all phases OF social
development, there is slow and gradual unfolding
Of both theory and practice. The policy has
undergone changes In ages II is what
L was new generations since, even few years
and by the law Of things it will be different In the future
Books have been made in England more than three
turies but the whole body of legislation for the prOec
ton OF their authors DC said 70 belong TO the present
reign International Copyrights but things Of yestcr
day They are the fret rude efforts in noble direction
and they fail he full of the defects OF imperfect
experience which time alone correct We should he
Justified in nerrng from the very nature OF the
that international Copyright is not perfected system,
complete arrangement aud satisfactory in its working
results; aud what should naturally infer Is true
matter OF fact. On this point may appeal un-
biased testimony.
The late spasm OF the English press the subject Of
foreign copyright began usual with fierce denuucia
h1lf