The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-06-02
The Paris Congress of Men of Letters.

vitation, signed by Mr.. EDMOND ABOUT and
setting forth the object of the meeting, has
been forwarded to members OF the profess
sion In the United States, and their co0pe-
ration in the movement Is earnestly solic-
tied. This Is natural enough In view OF the
growing demand In this country for French
literature, both in the original language
and I'm translations, and of the fact that
French authors get little or no profit from
American sales
The capital aim Of this congress, we lean
from the circular. is to devise formula fo~
the right IT property in books which shall
bc acceptable to all civilized countries, and
which may have the practical result of fur
thering such legislation as will assure to an
author some recompense for his labor
wherever his works are in demand Now, in
the interest Of the consumer, the propriety
OF an international copyright law calls for a
somewhat sharper scrutiny than interested
producers are apt to bcstow on It, We have
no intention of rehearsing here the argu-
ments for or against the measure contem-
plated by the Paris congress, but there are
two or three considerations which deserve
to be signalized and weighed in the most
eursory notice Of the subject.
The principle on which a limited right OF
ownership in literary products has been &C.
cured TO native authors by the statute law
of many countries is intclligble enough.
Ii Is a measure dictated by equity and
prompted by self-interest. Looking at men
of letters MS a body, and reviewing the out
come of the labor of generations, we must
concede that the culture OF a given COM
munity, its intellectual fullncss and ripe
ness, If not It's intellectual fccundity, are
largely owing to their exertions. They have
supplied at all events the dynamic element
of the national education, and it Is but rea-
sOnabe that this debt should be in
some sort acquitted; that something
should be paid by consumers to those
toilers with the pen, who, unlike the
purveyors OF food staples. not only supply
desiderated products, but also do much
toward creating the demand. The equita-
BILE nature Of copyright law for native
authors il not more obvious than is its expe-
diency. The enlightenment Of the public
mind has been so far relegated to the
pen under the conditions of modern life
that legislators are swift to recognize the
imperative necessity Of promoting literary
production by assimilating its fruits to those
| Ol NtltI lluNSlIlts Ms ltkuIlH inc right OF
| ownership and control. Our municipal law
has endowed the citizen with copyright in
the products Of his pen because probity de-
manded and self-interest enforced ii.
II is vain TO deny that the position Of for
eign authors toward our community is
somewhat different The stimulation and
| instruction Of the public mind in this coun-
| try are effected in the first place by our sys-
TEN Of public education, provided wholly by
| our own people; and in the second place by
American newspapers and books. 1t is only
in a remote and partial sense that Eng
lish writer's. taken a. u class, can be credited
with the Intellectual curiosity and discern
ment which assure market in the United
States to reprints Of their works. Certainly
the share belonging TO French authors in
evolving that condition OF American culture
which provides consumers for their wares Is
inilnitesimal, and claim to legal recogni-
tion would scarcely be based on such made
quatc ground. As "A matter Of equity nc
man has a right TO reap where he has
not sown. Now for the ultimate profit ac.
cruing to the human race from the mental
gains of particular people, that is an en-
pirical fact, but 10 civic duty can be de-
duced from it, since the solidarity Of nations
Is by no means an accepted principle even
of that ncbulous and unauthoritative sys-
tenn known as international law, much less
of municipal codes. Nor will the observer
Of current events affirm that any considcra
BILE progress IS making to that end, or that
national self-seeking is less inveterate oI
less shameless than it was half a century
ago Ii the formula, therefore, agreed upor
4 81.
solute authors ownership Of books as 4
right outside the forum of the producer
domicile, it will simply beat the air, and col
lapse in practical application, like its fan
tastc postulate of international solidarity
There Is one ground only on which au
thors may reasonably expect to win certain
rights of property from foreign Legislatures
and that is the ground Of eXpedicncy. 1t Il
on this solid, homely basis that the claims
Of inventors have been founded, and that
measure of control over the fruits Of thc
invention has been conceded to them il
countries not their own. The international
provisions in the patent law of given PEG
pie have not been introduced in obedience t.
abstract equity, but with an undisguise'
purpose OF self-protcction. In every cas-
where foreign inventors have been grantee
rights Of property, it will be found that eacl
of the contracting nations either believed /
had more to gain than TO lose; that, in othe
words ii had more inventions to sell thai
the other party to the compact; or else tina
It felt an urgent necessity and entertained
reasonable hope of melting native talent b.
imposing what is tantamount to a duty o.
importation5. 1t Is clear that half-clylizc
or backward countries, like Turkey, China
or Central America, would not be well coun
} sellcd in conceding patent rights to tn
works Of foreign inventors, but would hes
consult their own interests by acquiring
them as choapy Ms possible In such IN
t stances the argument from yeciproci-
e would be prcpostcrous aud the prospect {
= quickcning domestic ingenuity llusor!
b. The choice, in a word would lie, not betwce
y the work of native and that Of alien hand,
= but between foreign wares and none at al
y Just SUCH as regards literary products, wa
n the predicament Of our German fellow cit
. 2ens up to 1913, and perhaps we ought {