New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-12-15
MR.. READE TO Mr.. LOWELL.


DEAR Mr. LOWELL: You are good enough 70
desire my opinion upon pToDos, q CoPy-
night Treaty between the IniIeo S 2bit
Is the granting of copyrights, provided the DOCK be
manufactured in the country 50 granting II by a
subject citizen thereof within three months 0 is
notification bv the AUTHOR To reply 20 TINS outline
must ask dissect for here III one sentence are
two proposals. that / consider heterogeneous. and
even dlscordant Permit me Ihen 10 put tie hE'''e'
l. The book to be manufactured in the coun-
try granting copyright. nv a subject or citizen.
. This 10 be done land | conclude the book
pubshedl within three months, ere.
Firsf-let Va examine precisely the grievance this
treaty proposes 10 alleviate. An authors Work
which, when worth plrating, is the truit OF great
labor consists of essential substance and a
vehicle The substance Is the composition; the
vehicle il generally paper and words written with
ink That the composition is the substance-thOugh
puny lawyers and petty statesmen cannot see It's
shown by this II can be sold viva voce apart from
plpcr aud written or printed words dramatic COM
positions are Sold and the hrst epic poem was 80
delivered to the public for centuries ana the C.Eon-
ices of IrClssart were sold viva VOce by the auh0F
and TO his great profit, and no copies made tHI ne
died aud the public used TO pay Dickens a much
flg hor price for his spoken cOupOs lions IMAM I1r
the same compositions papered. printed and bound
A printed book, or play Is only the manuscript
,uuIhplcd the composition remains the substance :
the paper print and binding still IA mere vehicle
and not tue only one the theatre sells the same
composition with quite a different vehicle.
Now the grievance OF authors against nations Gull
tiyating piracy is this: They rob the foreign work
man who produces the su stance OF Dook OF play,
vet remuneJate all the wOTkmen. whether native or
foreign, who produce the mere vehicle. The injury
is ievelled at the foreign author qa uiOr and not
ora foreigner Let foreign author cross the water
with play and book; let him 20 iuto a theatre
and a pTintIng-hOuse; let HIM play one OF those
many characters he has created m his drama. ana
print fifty pages OF ms own composition, and ne can
eXtort muueratiOn-aithOugh ne Is a foreigner
for both vehicles: but he can eutOr' none Tor the
far more valuable substance he has created win
infinitely greater. higher ara Longer labor here
then Is an exceptional fraud eyeled at exceptional
merit and one producing ldbOrer picked out OF
dozen for pillage, though what be produces con-
tributes more to the aggregate value than The labor
OF ali the other workmen concerned. TINS m'qmty
may pay a handful Of booksellers or theatrical man
To.rs ,r nation cuitINating piracy. but u
cTes the authors OF thai nation by The competition
Of stolen compositions ana Il Iobs the ndlOn OF the
habit OF literary and dramatic lHventl0n-Which Is
n greater national treasure than any amount OF
stolen OInpOsltIOas-since The na1On when mar
bOrs pirates has 10 pay the full price Tor the Vehi
ces. and does not s-t TIE Substance OF COMPOSE
IOu Tor uOthiug aDy he more because us bJ0k-
selleTs and theatrical managers do. Indeed rs To
fhe latter the prIce never lowered 10 the native
rullc one cent in those cases where the manager
steals the drama from foIel-n aui nor.
Now Proposition l, taken singY entirety cures
the above grievance so far as prutcu DOCKS are con
ceTnoi. Authors Aaye moral Ilgnt 10 Dc pdlu 1or
their compositions, ~ every natloh where tIS We
Licle rs paid Tor and the combination Il SOFA hot
gwen away but they nave no mo al clam tuat
an aware Of 90 Great aud sell the venice III as
fsnt land aid If they have such right still less
can their native pdbilShers-mere occasional As
ei-nees of copyIight-pIcteud to acquire a Tlgbt
from authors which authors themselves 10 not
clam. The United states - a prOtrc lOulSt hatlon
AID al would be egOtiSftC4l ana childish OF EhEiSu
az tbors expect that Nation TO depart from ITS UNI,
versa policy aud TO make aheXceptl0n III favor 0i
authors and their mere OCCASIONAL aSslgnCesj our
CIV is no partialityw To ask you TO deyiate from
your universal policy would Oe to ask Tor some
Pfono.ition rests on basis Of universal equity
or of Uniform national policy. IL does not come
from thu mind of any American lawyer or states
man Ii is one of those subtle suggestions 81
piracy with which all Copyright Acts are married
Copyrights are neither meal nor meat, ana theIe-
tore / Ike other products OF high CIVILIZATION, they
cannot obtain thelr just value on fOrced SAFE hu
three months to transact the sale OF tLc compost
hon and .lsO create the vehicle rs very forced
sale Habits are strong, aud TINS prOvlsO would en-
courage the bad habit the treaty Processes 10 cure
instead OF stimulating good one. IL would turn
all the publishers OIL bOth sides tho water lnIo LoCs
wives laundering after dear old piracy and longing
70 put the clock on three mo tbs. By hanging
ba * during that short period they niigAt dIlNe
even popular authors INTO a corner. Bul Ilo PoNso
goulq do 4 much worse thing than !hat-tho rising
American author who Is literally whitening under
tLe present system. ana who II the victim, that
needs loyal and earnest protection, lar more ihdh
any British author does, would be Jug9ed uhdeI
this proviso. For some wears he must necessarily
come into market ~ a certain dlsdd vantage IN
dependent of law. British publishers would either
offer him tenth OF his value or demand time to
see how his book sold ~ the United states; ana
then having gained tlins would Use tins Dr0ylso TO
steai his composition, ii il proved success, or
chuck hun a bone instead OF his Just sIice.
Bat these cOnments-yOu VIII understand-are
.avcli,d ~ the nude provIsO YOU have pres nted
~ ~, nv, r. yonT Government las foreseen that it
Is certain To be abused. and 10 render the Whole
treaty more or less llusOrY, and therefore III ehus 10
central n by some other clause, that u alotneT mat
ter III not and the prOvso has been lhcautously
insertad with the reasonable desire 10 protect
Tho pubc against foreign authors relusal 30 sea
hi- downright at all, on reasonable terms, inc
whole case would be met by an dduiuoha ciause
giving the fore On author OF propIloloi .no 'sV ~
aujv 10 the iudges banco Tor an extension Ol Ih"
term on the grOuud that he had Oneted tne copy
right or a share in ~. the use OF H. Du' ha9 Deoh
una lie to obtain terms corresponding III an "Eioo
with bis market value al NOME no Ju"N " ' a'.
IN RIGHT 10 receive written evidence, less stilcV
than a iury would require, and To extend tue Term,
OF authorize the foreign proprietor 10 Pu"t'SH
tbroueh a native agent, afford some Other reiei'
under he vital conditions OF the treaty 30,
Having gone deeper into tho matteT tpdh M
teuJei / may as well volunteer "A remark or Two
outaide your queries, which may De o. service 80
the American lie glsiatOr II he VIII receive III I"n
M There are two great literary properties 81
nearly equal value and Importance ~ itl
exclusive right 10 PRINT ana puDl'sn e ,stise
be has crea ed whether history, romance, treatise
or drama etc.. ~ his exclusive nght ~ IrPie9ai'.
on "a public stage the dramatic c0mpOslllVh nc u"s
created. No. l Is called c1pyngnt: NO: u SdIleu
etage-ught But, unfortunately, Tue Al s gu @
muddehead has hitherto avoided the accurate 'oih
staQe-right and applied the teeth OF sense gram
mar aud logic, the imbecIle phrase, uTdhl'tio
coDyright,' To No. 2. But the phrase uIainat'S
Copyright means the sole rleht OF prlntIhs anu
publishing play book, or ~ means nOlhhe AZ a.;
II cannot mean nor be made 90 mean, Tue I'ghl Oi
representing a play. Nov men are the slaves U
words; and so our lawgIyers and yours, having Ihe
word cOpyriQhtD dunCd eternally inlO tbeIi ears,
and never hearing tho WORD stagerlgu', aio 81
copyright To be ali-imp1rtant right ana sIaRe
tight an insxnibcant AFFAIR. fuie en-
snera Stageright Is at least a. important as
copyright. and international morality ana sounu