New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-11-05

Toms Cabin, 10 DO translated into German by III
Hutton "a competent German scholar oil apii'y
and critical knowledge Of the German Language
who WAS assisted by Prof. Stowe. Orelnai anu
TRANSLATION were published and copyrighted by her
VITA, potn before the public the 9eienonh''
without authority made second tr'hsla'loh
into German, and had 1t copyrighted ana pup
lished Mrs Stowe promptly protested against
this invasion Of her rights. But the Court held
terroneously as we Think that translation was
not "copy," and that therefore its publ
cation was not piracy. In pronouncing the
opinion Of the Court, Mr.. Justice Grier used
this remarkable Language: "By the publioa-
ton of Mrs. Stoves book, the creations OIL the
genius and imagination Of the author have become
M much public property ~ those of Homer or Ger
vantes. All her conceptions and inventions may be
used and abused 10y intators, paywrights ana
poetasters." Againwe find this erroneous statement
concerning TRANSACTIONS:
The right Of d translator In England seems only 10
exist Tor five years, which is tne shortest pello VI @
lection ever given by statute IN litialy eolnosl.o
With US the period Is given 10 uanslations as III
every other work. Vol. H. Pr. $50, note.
This applies only TO cases arising under the EngLsh
International Copyright Statutes. IL is not true III
the case of transiations published in England of
books copyrighted in the United States, or in any
other country between which and England no
been made Suppose that citizen of the United
States should copyright here an original work in a
foreign language and that translation Of it should
be copyrighted in England If the copyright i'll
such translation were valid at all under English
law il would continue for the full term of forty-twO
years. not less extraordinary oversight OF lead
ing decision appears in the statement OF the law COIL
corning the meaning of the word resident" Ill the
copyright statutes of the United States. After
| quoting the section of the present law providing
that "any citizen of the United States or resilient
therein shall be entitled 10 copyright by comply
! ing with the prescribed requirements, the author
! says:
person TO he entitled TO copyright resident"
under the corresponding sections OF previous copyright
laws aud, by inference, under TIE plcreht, iahnt DC
permanent resident OF this country OIc temporarily re
siding noe it sauIs. opcn GOWGh ne has Gceo6d his az
teHon o. becoming oAie" oan,,of tEe or roo a cry
possible that more liberal rule might Obtain now Vol
! NJ, D. 19l.
The carelcssness and ignorance indicated by this
statement will become sufficiently apparent by
stating that the authority cited Carey ast Collier,
80 Niles's Register) is obscure unimpOrtant ease
which 10 40 longer entitled to serious consideration.
The law on this point has been fully and clearly cx-
pounded and directly contrary 10 the statement
above quoted, by the Circuit Court of the United
States in she case of Bouccault agt. Wood e Bisse
RAJ in wlell.the question of Mr.. BOuccaults ciii-
zcnshp was the direct issue. The meaning of the
word resident" "a used in the copyright statute
was thoroughly considered by Mr.. Justice Drum
mond who held that the question of residence is 10
be determined by the intention existing III the mind
of the person at the time Of applying for copyright.
If his mind was hen made up to make this country
his permanent abode he is entitled 10 copyright II
is inmaterial how long he has been in the United
Staies; and when he has acquired copyright
he may change his intention and leave the country
without affecting the validity OF his title formal
declaration of his intention of becoming citizen is
not necessary hut, of course, if he has made such
declaration and bona fde, il is conclusive
evidence of the existence of his intention.
Tho Jury found that such intention existed in the
mind If Boncicaut at the time OF taking out his
copyright and therefore his title was valid. THIS
il the leading decision in the American reports
relating to the rights of foreign aathors claiming
copyright on the ground Of being rcsldcnts but We
lind no reference to il in this connection in the work
under consideration. 1t is true that it is mentioned
80 pages further on III the chapter on stage
right" where the common law rights of n drama
fist in his unpublished pay considered; bnt thu
does not save the passage above noticed from beng
erroneous and misleading. Moreover the state
ment III the chapter on "Stagcrght" is it's q luis
leading and is followed 10y an erroneous conclusion.
On page 6SS of VOL ii. appears this remarkable
statement:
II literary composition he taken by another author
M basis for aDnotaions nOtes of lls own, BE may
publish the original text along with his own composition
without being liable Tor piracy.
Let any lawyer give such advice TO his client and
both VIII be likely to get into serious trouble. Let
any annotator," without authority, pILlsh Judge
Cooley's work on Constitutional Limitations" or
Parsons on Contracts and doubtless court would
soon have occasion to expound the law Oh this point
somewhat differently from the rlc above laid down.
Some years ago. when Mr.. HocOmbe published i
portion of the text of Judge Story's Commentaries
on Equity Jurisprudence" with notes of his own,
the Circuit Court of the United States did not hes-
tate 10 declare il act of piracy. Storys executors
agt Holcombe McLcan.) AS Mr. Morgan has COW
cred ~ pages Of his book with an und:gested report
of the case of Lawrence agt Dana it is strange that
he overlooked the following words near the close OF
Mr. Justice Cliiiords opinion: "No man is entitled
TO avail himself of the previous laboTs of aother for
the purpose of conveying TO the public the
same information, even though he may append
additional information to that already published"
On page A. VOL l.. it is stated that the publica
ton of a work in foreign country dlscnttIes the
al, hor 10 a copyright in it in England This is not
so. An English author may publish his work ia
every country of Christondom and still secure valid
copyrght in England provided the various publica-
tops be cOtempOraneOus. 1t is only prior publ
cation in foreign country that defeats English
copyright Again:
Any alien friend residing in the country under whose
laws copyrights is entitled to their protection III his
endowment his innocent and original work pGhishcd
In such country during his residence therem-Nol H.
page 1877.
What country is here referred to cannot he deter
mined from the text. Tie statement, however, Is
not true of the United States In the definitions
given ia the Law Of Literature" we notice the same
naccuracy that is so apparent III other matters
Take the definition of piracy:
The simnle and At the samr time perfect. definition