New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-11-05
NEW PUBLICATIONS.
MoRGANs LAW OF LITERATURE.

JamIs CockroH 4 Co., New-lork
IN the ehuutance and variety Of the errors which
n contains in the loose and pedanic style III which
II is written in tho manifest lack OF Judgment eAc
esed by The author in the selection OF materials an"
tb. Of TOPICS inis book isa marvel Inc
,naffcr ued fills two large volumes but very
large prop0rton cf II would be out of place IN any
treatise ON law, while many subjects which should be-
discussed in work Of this kind omitted, or inad-
equately treated The authors style sbounds IN IN
stances of the loose and often of the ludcrous con
s.ruction Of sentences. Thus:
Any uow useiul and original shape CONFEDERATION
Sn"% or mscd hy Others before ne Invention odac-
tion thereof or patend described IN any printed pun
hSsu s "sr S 1SS pioG6s had the sane as other
easos Of invention discoveries odtd'a P0e"' %ere
And in England tire Of Low ,agt Routledggo '
which was tue case o. Nils Cummings ISL ',T ~,
Ham ed Hearts" and Of Low agt Mard, which was Ine
q Dr. Oliver Wendell Holmes ana MS ncvel me
United States obta.n coryright IN England ior MS
WORK bysmiy erOse 9ui porthela irohnei ana nhss
iuc few DAYS IN Canada, indicate the same iDcihhy
and seuse OF Justice. Vol. w.. y. w. .,.., %,
Wren author has discovered an INC yucud
be- 10 prepare q new record and forward il with sc0nd
Zee De si record g DC ea"ee'ed to the Librarian Of
In sIcR ease Il Viii not he considered under the head
%ke s SnS ctAt lO Vol L. oT p 5s7 % -
As b. IN hoe lGr PORTIONS of one original work may
tN, vi
Eiaty cannot stop % pau Ooer the libraries Of the
world. Vol J., p. 81, --.,...,,,. ,uo.,o ,.ons,o.
ton, original works. aud this Is probably the RUE IL
United States The particular question as % chere
tr0rE ia Idn8ttdge classical caviar 10 inc general
not O. nave Net with any authoritative dc,soh !"
1hancer the father OF English literature never a.
tempted invention. neither did the d"D'% " S"o"e-
hut n il Should appear that the portion used was 80
insg ieant iding - TO be Unworthy e'e oo'S'o
Grafton OF Lae III sitQ OF The bench, de- Vol LIP. "a
D.
IN the same manner the case OF other literary Wo' n,
in n.hand, bg 81 da'e Vol H.. p. 69L -,
be that winch ia in some ascertaihaoe feature or@""
Vel. L. y. 80
Then we find such words as "ter,aal work" "rdise
the iuiunctionr "tho pursuit Ii. e., suit is with
drawn" "Sdpremest law" "piratOr," and copy
rightable;" and such slang terms as ventilation,
"vcntilated." dodge" handled" little game"
&c. We have noticed no fewer than tmrty-iour
instances where proper names are nisspeied and no
fewer than seventeen where plain rules Of grammar
are violated by the OF such expressions a.: hi-
man life and liberty itself is" their splnt and
tendency Is :" "the progressive steps "a8
"tie whole glst and substance oon''s's
"nor a., Mr.. Tanuyson nor Mr.. Collins !" nor will il
be necessary thai he haze used;" "the frSt OF the
above ltwol decisions" In other places "wilF ~
enormously used for shall" and "can" for "may =
while "herctoforc7 l. made to do service with past
verb in the following manner: The act of 1870
"dryolyed upon him 1.-THE Librarian Of Congress- the
duty heretofore imposed upon clerks of District
Courts 1t provided that he shall for performing
these duties receive $4,000 per annum. Heretofore
the cost of the service was nothing 10 the United
States" These examples are sufficient to show
that the "Law of Literature Is at least
free from one positive dcmert," II
the rule suggested 10y the author the preface be
true 1t is al J rs. question:" lie says whether
literary merit is any merit at all IN legal work
whether even, ii is not positive dement," MOI
less amazing are the number and character Of the
bunders in matters of fact. they appear in the
first line of the preface and continued through
OFT the work. On the third page of the preface is
this sentence:
Til, first great case of copyright involved the propre-
torsbp OF the assigns OF the poet Thompson IN hs
p,e,os IN lis discussion sat LOds Maushe,d DE Grey,
Aston wies and Yates, and therein Lord Camden de-
lverod his famous argument.
In these four lines there are not fewer than four
plumbers. The alluded to donaldson "gt Beckct,
decided in 177.l not "the first great case OF
copyright;" 1homson's name is not spelled with
"p;" Aston, Wies, and Yates We're net lords; and
Yates had been dead four years at the lime referred
to. On page rs, Vol. H., appears similar state
ment:
Iuanswer clrc, ercrta reasoning it ia perhaps
ouy necessary say that the whole question az I" e
natural rights OF authors discussed ard OK ais"d
I'm lie Two gr. c66bres Of Mlar agt Ia Tor aI,
~.
t,non ol Tie English House of Lords and Oi the authors
and publishers tue Euslishspetkipg world Tor t'e
consideration Lords Mansfield, Yates De Gray Wiie
aud Aston. IN the discussion OF which i"td tam1th
delivered his famous argument and to which rcscnte
has SO frequently been uladc ~ tcse PAGES We haNr
seen that lhcIe Is moral difference between literary
and other property DC
The remaining seven lines of the sentence ere
here omitted for want Of space II not necessary
TO comment upon the style here exhibited, or again
10 point out those which were noticed Iii the
passage previously quoted. Ii will be sufficient to
say that the action of Milar agt. Taylor was not
brought till 1866 and not decided till 1869; That u
was not tried IN the House Of Lords thatDeGrey was
not in TIE case that his name is not spelled with an
"a" or Bcckct's with two Us and that Donaldson
AIT Is eket was not decided by the House OF Lorstl
1874. Nor is it probable that "1759 to 1861" is a
misprint for 1863 to IVA, for the same error has
before been made in print by the author.
1t Is said on page 1S2, vol H., that there have
been eight diff rent acts of Congress the subject
of copyright :" and on page lSG that prior to 1870
these acts were eieree i'll number" On page 1872
the reader is informed that cup to the year 1877 the
only prov sion for the protection Of designs was
by copyrightuc them :" and on page l95, that such
protection was afforded by the patent laws as early
as1si2 The price of Audubon's Birds of Amer
lea is given on page 80 at 81 900 and on page 1sl
il is asserted that the cost Of seven copies IN En-
gland might easily amount to tax OF thousands
of pounds Without referring to all of the errors OF
this kind that we have noticed, we may add that
"CuItis on Copyright" was NOT Published g in 1887;
the case of TonsOn agt. Collins was not brought III
1851 ~ the Star Chamber was not abolished in
1910 :" "a bill for declaring copyright perpetual
was not brought before Parliament lin the session Of
1874 :" "seven copies" of book not in En-
gland required for a eTatuity to public insttn-
tions :" the laws of the United States respecting
copyright were mol entirely revoutiOnzed" by
the statuie of 1870 as amended in 1871.