The New York herald., 1874-12-08

author would ask TO be favored in that competi.
ton, II such iavoritism involved the Wholesale
But IL on the other hand, we do admit that
there Is such thing as competition In authorship.
possible way IN when 10 make tnat competition
fair and accessible 10 the American author and
SINCE tSa, il clearly the oniy way In which they
can be relieved from the unjust ana unequal COM
petition OF cheap Engsc reprints. which pay their
author nothing. and which. on that account can
MISUNDERSTANDING 20 Mr.. Morrilvs tabes-the
American work. winch must pay botn author and
Again. England" says the report. "s the
great book k-making and producing nation with
our interests would be most aaected oy the pro.
posed measure Now, II II mad not already ap-
peared that this was merely the Temporary and
commercial aspect OF the case this sUatement-if
wore disposed 10 admit II at all-wOuld
oe nothing less than humiiiaiing. The encourage
ment OF literature is commensurate with the area
OF It's circulation. VINO knows but that when that
area and that circulation become international
any inequality between the literary iabors OF one
nation or another viii speedily pass away $50
long as you deny US copyright" sa'o the English
philosopher to Mr.. Emerson, I'VE shall have the
Finally. Mr.. Morrill, argues that the constitution
bestows the power OF enacring copyright laws upon
Congress. IN order ITO promote the progress OF
science :" and now, he asks. VIII an International
copyright law promote the progress or science :
II an English author is already melted TO mental
labor by the copyright laws OF his own country
how will an International copyright law operate
as a further incItement.
There does not appear to be any reason why the
international law should not operate as a further
incisement to the English. Or, II might be added,
the argument proves anything, 1t proves too
much, since the next question must be, DO copy
right laws make autnors Can law OF copyright
make an author out OF one wno mas no genius or
talent or ability Tor autnorship4 Which brings us
Is all that there is to be said on the subject
namely that II there Is no reason for q law OF n-
ternatlonal copyright then there Is no reason Tor
any law OF copyright at all.
But whether there is or ought to be an interna-
tiOnal and universal copyright or not 1t is lact
that an authors universal rgnt to the result OF his
own labors, wherever he Is ana to whatever ma
tionality he claims allegiance, Is iuly recognized
and admitted to-day, both in England and Amer
lea. And this is abundantly proved, from the
consideration that the courts OF botn countries
have done their utmost land this is what / did
.undertaKe 10 demonstraten in the A1lenDa.,a
letter. to give to alien authors every privilege and
tional statute, and TO STRAIN every possible point
In their lavor.
the two American cases which show this gener.
Gus and liberal spirit nave already been noticed
And IN England the cases OF Low vs.. Routledge
e.. r., 8 II. l.. Cas- LOO, which was the case OF MISS
Cummings, the auf fhoress. or tlls city. and her
novel OF Haunted Hearts'D and OF Low VS.. Ward
IL. X. Eq. 4lS, when was the case ef DR.. Oiver
Angel"), BY virtue OF which citizen OF the United
States can obtain copyright IN England Tor his
work, BY simply crossing our Northern frontier
and passing lew days In Canada, Indicate the
same liberality and sense OF justice. Besides
which 1t appears as If an American author, BY
merely deposlng his volume IN the requisite
library OF Paris could obtain copyright In France
(Which Is the most liberal nation the world TO a.
thors, making no distinctions between It's own citi-
zens and ioreRners), which copyright, by virtue Of
treaties between France and England, making
what Is copyright IN one OF them copyright in the
other, would be valid one IN England. So true
Is 1T that 1t the tendency OF all law TO gravtate
toward justice and right, whatever statuSes legls-
lators enact or Whatever treaties nations axe or
neglect TO make.
Why, then, should we not have an International
copyright? The practical effect OF Its nOn-exist-
ence, tne lact tnat work can be furnished to the
pubic more cneaply by appropriatlnR the property
OF its author therein than by paying him Tor It, Is.
surely, very little to the credit OF anyUody nor Is
the spectacle OF Cw0 opulent and mighty nations
stealing each others books and squabultng ABOUT
a difference Or So so in their price, either exem-
plary or edifying.
JAMES APPLETON MORGAN,
NEW YORK. Qac. 4 1874. !