The sun., 1880-12-05
A Scheme of International Copyright.

simple, expeditions, ana equltaplo
method OF securing to foreign authors, COM
posers, and designers an interest In the re-
production Of their works on this side OF the
Atlantic has at last been suggested. 1t is
proposed to reach the desired end not by
treaty, which, under the Constitution,
would require in q matter OF copyright
affirmative or supplemental legislation to
be made operative at all, but by an act OF
Congress. The draft Of bill to be intro
duced at the next session has been pre-
pared, and We may say that its provisions
seem judicious and comprehensive; well
calculated, indeed, to reconcile conflicting
interests by comforting q substantial boon
on foreign authors, with minimum OF
prejudice to American industries and to the
inveterate prediction Of the American
public for cheap books.
The essential features OF the new project
can be very briefly stated. Under the pro-
posed act OF Congress 1t would be lawful for
any citizen OF the United States to hold and
enjoy by assignment direct from the author
the copyright of any book written by citi-
zen or subject OF any other country. as
fully as though the same were written by
the assignee himself or one Of his fellow cit
recited in the new law. the proprietor OF
such an assignment would be governed by
the regulations and entitled to all the privi-
leges and remedies now existing under the
acts OF Congress respecting copyrights.
And here we may mention, once for all, that
whatever rights would accrue under this
bill to the author OF book, are extended to
the composer or designer OF dramatic or
musical compositions, or OF any work OF art.
The interests of American authors are
guarded, and reciprocal action on the part
offoreign countries is invited, by exacting
condition precedent to the application OF the
law. clause OF the bill stipulates that It's
privileges shall not extend to the produc-
tions OF writer's who are citizens or subjects
OF countries which have not conferred like
prerogatives upon the works OF American
authors. When, however, the State Depart
msnt is satisfied that any foreign State has
granted to our citizens privileges similar to
those conceded to foreign writer's by this
act, 1t is made the duty OF the President to
issue a proclamation bestowing the rights
above named on the authors of such nation.
Other clauses OF the bill have in view the
protection OF those American industries
in the manufacture and distribution Of
books. On the general principle here in
volved, it is enough to say that 30 long as
other industries are shielded from the COM
petition resulting from free trade there Is
no reason why book publishers should be
made an exception. 1t is accordingly pro-
vided that in order to acquire the privileges
set forth in this act, o book must be
wholly manufactured within the limits Of
the United States. An obvious method Of
evading this clause Is precluded by a stipu-
lation that an assignment OF foreign copy
right from the holder back to the author, or
to any one not q citizen Of the United States
ian English publisher, for instance), shall
work q forfeiture Of the rights conferred; /;
after which, OF course, it would be
lawful for any American printer to repro
duoe the book as freely as though no copy
right had ever existed. On the other hand,
foreign authors are guaranteed against loss
through delay on the part Of American pub
fishers by covenant that tho book assigned
shall be published and exposed for sale in
the United States within two months from
the date OF publication in the country OF its
origin. The specified term after which the
feasance is not, perhaps. too brief in the
case Of English books; but the bill very
properly allows an interval OF four months
for translations from foreign languages,
and in the peculiar case Of dramatic COM
position, whose success upon the stage can
hardly be predicted from a reading OF the
piece, an interval Of six months between the
first representation abroad and the first
reproduction on this side OF the Atlantic.
We should note one further provision by
which the American assignees OF foreign
book are protected against the competition
OF foreign publishers. The titles OF all
books claiming copyright under the pro-
posed act are to be transmitted to tho Sec
rotary OF the Treasury. whose duty 1t is
made to print, and distribute at intervals OF
| not less than one month, lists OF all titles
| thus reported to all collectors OF customs in
the United States. The collectors are to
| seize all copies OF books bearing any OF the
| titles registered which may be presented
for entry or clandestinely introduced at
their respective ports. The same clause
sensibly provides that copies Of the lists
shall be sent to any citizen making applica-
tion for them on the payment OF sum not
exceeding five dollars year.
| Tho advantages OF proceeding by bill
rather than by treaty, on the score OF
promptitude and simplicity, seem sufficient.
ly manifest, We should be constrained, in
the one case, to have recourse to the cum
brous and dawdlng processes Of diplomacy
and the negotiation Of each new treaty
would again entail the irksome intervention
OF circumlocution and red tape. In the othel
case, we should deal with the subject OF in
ternational copyright exhausttvely and
summarily. We should pass a law conced
ing certain privileges 30 the citizens OF any
country which may choose to be recipro
cally generous. Thsnoeforward others. ane