New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-02-29
THE RIGHTS OF AUTHORS.
no ms Bditor Of RE rr'e~""

$500. -. a., hrourht uuder the old laws of material
property and was considered permanent; that common
law failing 10 protect IT, statute law was invoked which
uye nrotootion for limited period that statute eGs
istion affirming literary property and limiting 1t, has
now become general that international Copyright
arrangements are stl imperfect. and require further
amendment and lastly, that the United States should
not hampered by European precedents, but should
deal with the subject Independently and adopt policy
which viii the rights of both foreign authors and
the American reading public.
Two things In relation to Copyright may now be CON
Hidered established as completely as anything can be
established by the concurrent usage OF the civilized
world BY the declaration and the practice Of all nations
Il has been settled FIRST that author has right Of
property his work, which government is bound TO
fec and second. that the public also has rights by
which those Of the author restricted. There
frensts who maintain that authors rights OF prop
erty absolute and perpetual and other extremists
who hold that there be such thing as exclusive
property in ideasust there those who maintain
that all property is robbery" Practical legislators
may well assume that these conflicting views cancel
each other and might safely proceed 10 action on the
basis OF broad experience and the general agreement OF
nations. But the question has been much mystihed OF
late in the newspapers by the utterance Of all kinds Of
scordant and extravagant opinions and it therefore
becomes desirable 10 make plain statement Of the case
As authors concerned, and Of the anomalous
and dsgraceful attitude Of the American people in re
gard to It.
The basis OF on authors right OF property in the book
makes the the farmers right in the wheat
he raises. They each the product OF capital aud
labor In capital is invested in land, imple
ments stock the other II is invested in education.
books and suitable arrangements for literary e while
both the product is the direct result of work done
The property work belongs to author because
There has been expense in its preparation and because
ne has produced by his immediate personal exertiOn
II his 10 possess and 10 profit by its proceeds by all
principles of justice which confer the ownership of
any property Questions may arise respecting acquired
rights literary property but the original right Of him
who called into existence by his labor clear and
Beyond question.
Iii often said that ideas ethereal things and be-
long the spiritual world and therefore cannot become
subject TO OwnershE that not being material property
they cannot he real property Others again, curousy
affirm that eas may be property while yet in the think
e" mind hut TO be so the moment they are sent
forth and made useful to others An association Of Phil
delpha publishers preiaced their late hostile demon
stration against International Copyright by the grave
statement that thought until expressed published IA
property OF the thinker when given 10 the word'
like light IL is free ALL" Now there is of course,
found difference between ideas and material commodi-
ties hut there Is no such difference is here implied
They both products OF human exertion. sonnet
Ia much the result Of bodily effort as horseshoe.
TIE author works with one material instrument the
mechanic with another The mechanic produces hat,
duces book by brain action. In both cases the result
represents vital power continuously expended; there
has been exhaustion Of the bodily energies i'll both cases
alike Tie blood represents the stock Of vital power,
IL is drawn III muscular action by the labOrer
and in cerebral action by the author author. too,
has need for large OF blood to sustain his think
Ing PSYCHOLOGISTS tell that the brain is imme-
diately dependent upon cOpOus supply of blood
than any other part Of the system They say
that although the average brain is but Onethrty
the weight OF the body. it demands one-th OF all the
blood keep it IN working order Ideas then, bod
Dy products and at the expense Of the blood and
The books containing them represent the lfeoTces and
spent vitality Of their authors The elements of blood
from the market and have Their price Food and
-thng and the convcniences Of living neither sent
authors trom heaven, are they furnished gratu
Ousy by Government. Like other people, those who
make books depend upon their labor to i've and they
have equal right with other people to the fruits Of
their labor.
Because ideas 20 forth in subtitle way and widely
aifused for regarding them free the
hight" 70 be appropriated by anybody without paying
oriCnators II they real and tangible enough
STEAL they capable of protection property 1t
II sense q question % the form or quality of the
Ihng produced for these but accidents If author
be robbed because his property is in ethereal
shape why not rob the mlkman because ms property
he in o liquid shape Whether a man devote his powers
the elaboration Of thought the elaboration of mat
perfectly Gmateral 80 far as concerns the Ques
hon OF his property right in the thing produced.
But we may 20 further and AK what property
have sacred night Of recognition that which is the
product mans highest facultiesi The creations and
constructions Of the brain. they have far higher
value world than the products OF material
manipulation have also transceDden and invo-
liable claim the protection Of law The hand is but the
servant Of the intellect All knowledge, art, science,
literature. discovery, invention; al that redeems
from barbarian and creates civilization but results
of and are we TO dscred this noblest
form Of effort and outlaw the whose lives have been
consumed by while all the guards Of legislation
thrown round the crOsser forms Of manpulatve in
anstry
But II VIII be said all this is clear enOuch-why multi
Oily wearisome commonplace Most true, and if our
practice conformed these professions nothing need to
be said But our practice direct contradiction to adj
nItted and selfevidcnt Justice and this is OF
thlngs that cannot he let alone. We affirm authors
right work, and then proceed systematically to
rob him Of it. We not only thieves but thieves
prOclamng in open day that know ourselves to be
60 To be- sure is foreign authors whom rob, but
this does not affect the the rights Of private
property are cOexensive with civilization. II will
hardly do 70 object TO foreigner" when appreciate
Dis work highly 10 coyet il and take IL from him
wrOngfuy. His against us is clear enough. He
Gays: II have produced my book at much expense
and weary labor l have created property in
It; you want H. and in taking IL attest its
value you appropriate enrich yourselves without
giving just equivalent you steal 1t, and your
Government protects you in IL as II It innocent
act" The logic short and decisive, and leaves this
country in no very envabo position in the community
Of nations. Claiming TO be civilized. enlightened and
even Christian practice ethical code IN this matter
that would be repudiated by savages Were
Government founded ia usurpatiOn and injustice, an
Ass ri tie European Governments to be, there would
kind OF consistency In maintaining this admitted wrong
hut while the mOnarchical countries have cleared
.Fictftg