The New York herald., 1874-12-22

who wished to DO 80 from performing the comedy,
ana Unr american Cousin, which she had purchased
never been reversed, and Is law to-dayn
IL would be reasonable to suppose that conclu-
sion 80 remarkable had been announced only after
careful study OF the facts and legal principles IN
VOWED Ia the case; or at least that the writer be-
lore proclamlng 1t TO the public had taken the
pains TO ascertain winch way the case was de-
cded. But here IL . statement offefed TO . mill.
ION readers In Europe and America az q correct
Interpretation OF the position OF our courts
toward foreign dramatists which has no other
foundation than the citation OF q case, the result
OF which the writer had ascertained. For IT is
TACT patent to every one VINO is accurately In
ormed on the subject (and those who are not can
sa ss IN the ny fssrng a% S .as
that Miss Keene did not lose but won the case
against wheatley. Imagine a writer publicly
that 1t was French victory
II is true that Miss Keene, after purchasing
play copyrighted under our statutes; out at the
sa%e sna ss sae guarded from the printers
vas va: Vas n m issue: and that a,' the s0p,5ssns eoars
the play being an alien was not entitled to Amori.
can copyright But this was only side issue and
was in favor OF Miss Keene, on the ground that
her common law right In her unpublished literary
properly mad been nvadeS sy wheatey q
being invalid did not affect her rights; II neither
enlarged nor restricted them, and the same would
who might copyright his play under our statutes.
Sucn copyright would have no bearing whatever
privileges which he enjoys are secured, not by
statute, out by the common law. 1t makes, there
fore, no difference whether ne does or does not
comply with our copyright laws.
SHAH not here notice all tho errors con-
taned IN the communication referred TO, but
VIII conclude by calling attention to the assertion
that the American copyrlght laws, "except the
French, are the most liberal In the world.n Let
us compare them With those Of England, since the
ment OF learnlng,o afrords an example OF broad
statesmanship and liberality that might well be
followed by our legislators. In every copyright
ment has made no distinction between na,ive
ablesr statesmen and lawyers Of the realm, has
invited Invite men men q learning 9s every tongue and
tion. Her statesmen wisely saw that the interests
OF English learning would thus be advanced.
strcted the privileges or foreign authors. But
still, upon one slight condition easily complied
same rights ana privileges as are enioyed by Eng
lisn authors. Moreover, BY special international
copyright arrangement, England offers stil iur.
country which Will extend reciprocal lavors to
English authors. Under an arrangement OF this
kind, French, German and other continental au-
thors are enjoying special opyrighl privileges
throughout the British dominion. hut such otter
has not been accepted by tine United states. What,
now, has been the policy OF the American govern.
ment toward foreign authorss In every
copyright law passed BY Congress from
the act OF 1870 to that OF 1870 foreign
from the benefits OF the statute. Protection has
been extended only 10 the works OF such author
as may be q ciiizen OF the United States or resi-
dent thereln;' and the most liberal construction
the courts have been able TO give this language IS
that 1t may include foreigner resident here with
the lnten tion OF making this country his place OF
permanent abode. The very dramatic cases
which nave been discussed In this communl-
trate the determination OF Congress that the
gates shall not be left ajar In lavor OF foreign
dramatic authors. Indeed, more liberal and Ad-
vanced views upon this subject may be found
among our publishers than among our lawmakers.
For the leading American houses, In reprinting the
choicest works OF foreign genius, are accustomed
voluntarily to remit handsome royalties to the
author In the very able communication
ONE ON Of tins our os sera tas ana %
publishers, which appeared in the London Times
in the autumn Of 1871, Mr.. William II. Appleton
said:-"As an American publisher o. large expe.
rlence, am In lavor OF an international copyright
law. and believe that this conviction Is shared
by large number, II not majority OF my fellow
cltiZens." This testimony and the custom of the
trade admitting i0relgn authors 10 share IN the
profits or their works repuoshed IN this country,
show that our representative publishers and a
reading matter entertain views as liberal and ad-
vanced on this subject as those held In England.
But there these opinions nave been coined into
statutes; here they nave not. In opening wide
all creeds, England says, "Trotan or Tyrtan, II
makes no difference TO me-" The United States
turns ava all aul hOrs but Its own citizens with
the prohibition, mo foreigners need apply" And
yet we are told that, with an exception In favor
O France, the American copyright legislation is
the most liberal In the wOrldl
NEW YORK, Dec. 81, 1874. EATON 8. DRONE.