The New York herald., 1874-12-08
NATIONAL BRAIN THEFT.

70 THE EDITOR or THE HERALD
one OF your contemporaries contains commu-
ntcation signed author whose writer appears
to question the truth OF certain propositions,
which, he says, "undertake 10 demonstrates" in
letter to the London AntenGuna
These propositions are-lrsr, that an alien ORA
matte author In this country receives precisely
The same protection In his lterary property as the
citizen receives In his; ana, second, that by
neglecting to comply with our copyright laws he
can actually enjoy greater privileges OF protection
in his literary property than he could by comply
ing with them. II such be really the case, ex-
claims this correspondent, then our copyright
laws are ga curiosity and a stultnca:ion OF them
selves,n and it would be well II Congress would
look to them.
agree most exactly with the correspondent
n the above conclusions But paradoxical and
sbsurd as the above propositions appear TO him
paradoxlcal and absurd as they unquestonably
lre-they are nevertheless true. So far from
embarrassing 70 demonstrated in the AthenRun
letter. merely stated the fact, remarking, 1 be-
neve. at the same time, that perhaps such law
might appear to oe one 'fnconssl lent and at vari.
lnce with ITSELF" which, possibly, amounts to
much the same thing as saying that II Is - curl
,sity and stultlfcation," &c.
This corres spondent errs. however, In suppostng
that this anomaly arises from any statutory enact
ments upon the subject. 1t arises rather from
operation OF the common law, as Snunciated in
TWO recent decisions, the one In the Court OF
Appeals or the State o! New York. and the other
In the United states Circuit Court for the Seventh
judicial Circuit
Palmer t41 N. T., 5s2. In that case Is appeared
that previous to 1868 one 7. ". Robertson, resi-
dent OF London and o citizen OF Great Britain,
composed drama called PLAY OF which ne as
signed. on the lst day OF February IN that year. TO
MIR. PaImer. the wen known theatrical manager Of
TINS city, by instrument IN writing, exclusive
right OF printing, publishing. performing. enact.
ting, representing ana producing" &C.. Through.
but the United States" On and after the 18th
day OF February. ls6s the drama or "Play" was
publicly performed in London at the Prince Of
Wales Theatre, ana subsequently AZ the Filth
Avenue Theatre in this city. On the 25tn day OF
March. 1868, one De Witt, n publisher In Ann
street, printed ana sold copies OF the drama 10
question. not obtaining or pretending TO have ob-
tslned the same OF or through the memory OF one
who mad Witnessed its pubic performance. II
being so iar settled that one may memorze per-
formnncc and afterwards make any use OF IL he
pIeases. tMacSlin vs.. Richardson, Amo.. 6s.
wailsck vs.. Barney Williams, U. s., N. Y. s. c.,
1861,
NOW. upon this state OF facts the Court OF Ap-
peaIs held-Frst, that the resident American as
signee was the literary proprietor OF the compo-
sltion; second. that Its representation upon the
stage in this country was waiver OF MS rights
as such; and third, that II never having oeen pub.
Iisbed In print by It's assignee, the publication py
DE witt was an infringement for wnicn the as.
slgnee could recover. The Court did not pass
mon the question whether DE witt might not
have represented the uncopyrigntcd drama upon
the stage, that question not being before 1t.
But in the case IN the United States court tCrowc