New-York tribune., 1884-02-20

INTERNATIO COPYRIGHT.
A LETTER FROM ALBION W. ToURGEI
nLAyIvE onJEcrIoNs ro raE poRsnELMER pILt

Oh tuS ny 90 many BcO1 ana
earnest friends Of literature it may seem an ungrac0us
thing for me toiniimat- that it may have very serious
| defects. Perhaps my legal experience lea ls me TO
scrutnze more closely than Of my brethren Of tho
quill the operation OF the proposed legislation. Certain
| am that no one has more sincere desire that tho
foreign author be put upon exactly the level ts
American writer, and perhaps not many have more In
erest in the reciprocal legislation that would put Amer-
can authors the plane OF equality In other ands
The most prominent defects of this bill appear to be:
FSt-fhat il does not provide for the manufacture OF
the copyrighted work in this country at all IL uses tho
term publication only. This requirement Is satisfied
by the sale Of the foreign edition Under the proposed
law author might apply for copyright and by import
ing the printed sheets and separately make pub
ication here the English publisher might do it, un-
less specifically prohibited by his contract with the
author 1t is in order 20 prevent just such an infringe
meL OF the grant Of copyright that Great Britain probIb
its the importation of any foreign edition Of work copy
rghted in that country for instance the German re-
print of popular English works. This is not a tariff
measure since revenue is raised thereby Neither Is
it designed simply TO favor the English publisher but
solely protect the copyrighter and his assignee and
make The grant OF privilege sure and certain.
SeO3d The bill proposes give the foreign author one
year after publication abroad make application for
copyright here aud processes to give him protection in
its enjoyment thereafter The provision s specous but
misleading An American author is required to make his
application before publication Then, by the existing law
he is allowed that most uncertain
all limitations, reasonable time the measure OF
Judges foot-in which to complete and publish his
work. This Is bad enough, to say to a man, You
may publish at home aud any time within year apply
for copyright here and receive protec0n"i is infinitely
What would or might be- the practical working
of such provision From the date OF publication
abroad until application for copyright here there would
be protection. "sarah Barnum was translated and
published in forty-eight hours Suppose an English
author relying this provision Of law, should pun
lish his work In London intending # its success Justified
him in doing So to apply for copyright here Acopy Is
sent by some enterprislng agent OF an American
house. the first steamer that leaves after appears
days hundred thousand tweny-ce copies are
on the MARKET What remedy has the author whom we
have deceived with specious phrase incorporated In
bill Astounding In promises but barren OF results Even
suppose the author atterward to apply for copyright
could he restrain the sale or copies lawfully mdnutac-
red and nut on sale before thlt date doubt very
Greatly In fact think the chances against IT, and
that any good lawyer would advise such publisher In
such a case that he had the law on his side strongly
enough justify taking the matter TO the highest court
or in other words making fight that would outlast TIE
profitable lifetime Of any ordinary book.
Tkird-It offers protection against importation from
another country. b. our law as it now stands. tho
authors remedy for violation OF his copyright is against
the seller the volumes themselves and the plates.
material and 50 FORTH OF the unauthorized publisher and
veuGer Suppose IN English author TO apply for copy
right in this country and Canada not to have granted IKE
privileges authors and therefore not 10 be Affected
By legislation Of this character All any unauthorized
publisher would have in such would DE 70 pre-
pare his cheap edition Toronto and advertise 20 supply
American readers and retailers by mail The authors
remedy il he had any, would be to conhscae cash sepa-
rate book by process Of law Compared with this pro-
cess the old legal absurdity. Sue beggar ana catch
aea" would be pleasant and profitable occupation.
FOitrtA-Thc bll very strangely pcrpetuates some OF
- sn l.,v worry
yer who has had occasion study a4 every Judge who
has been called upon administer IT, knows that one OF
the most difficult and unsatisfactory branches OF our law
the legislation and ajlicatons pertaining 20 the 'aw
OF copyright. Among the most uncertain ld dubious OF
the PROVISIONS or the existing 10" 10 lAt' "GH va ~
doubt intended give every author the sole hight To
clause by which was sought eneot this tackled
section Of the statute with singular ulsiesdd Tor
IeSe5ce the right dramatic or translate tIeli own
works. Now. queerly enough, the form Of application
been over and again decided that no addition u
prescribed form can be OF any force or enec 20 TOO
mas decided that notice Oh warning attending tho
pre,en alton OF play the delivery OF lecture IS 0f no
effect to secure the authors property thSre Inc STAT
and when and where Shall II be in ms Application Ior
copyright prescribed tqrn cannot 9e eAteu9o Td1n
II has been decided be Intellectual shall II be Oy con-
pry 70 the contrset shall il be BY record made the
books OF the Librarian OF Congress IN whose hh1s al
copyright records placed lie Is mere cust9lau.
Tie entries he required 10 make affecting copyright are
prescribed by statute aud any thlng tha he may Wo IN
Inc books beyond the words prescribed outside lis
proynoe and OF no more validity than II he chose 10
enter there Judgment III debt against the applicant
have always insisted that The meanng Of ths provision
really is that the f.ct Of Copyright tsey protects tae
author against dTamatizau0n and translation Oy others
and when parties attempted 10 pirate my "o,hs ~ 'uat
manner prepared TO maintain ais We" d tAe law
believe II 10 DC not only correct Jul e Vny
construction that can be aPpHeu 10 tne i5nsse ~ S.:
There never been any decision to tht elect however
and the only authority that discusses tAe eedse ~ an -
against this consTuct!on-or to speak more tns
author seems never have thought OF H. Yet thls III
definite and absurd provision has 9eSh ,s easu Fer es
authors SlE hare the cole right ETC." This was Jdst
right: only the apparent defect Of our existing stature
should have been remedied al the same time % saying
al authors etc" As the bin comes from the commit
stored and we are told that foreign authors magre-
serUe their right without providing any possible means
stricken out and doubt restored
FtR-The bill to have been drawn for the do9D1e
purpose OF raising hopes II Is lmpoentro Iun anu %
aLoIu tn1 u,e ~ Who b9. TO resort 10 a court
defend his right is peculiarly deporaDe ne Is dsuay
poor II book does not bring him dneas WITHIN tWv.,o
months after publication IL Is NOT hbep TO 90 30 after
ward None OF the questions raised 10y ts Dli can Oe
settled short OF the supreme court al eho Ouiou ''"os'
now fesr OF five years behind IN MS work. ,
~ r. he really the purpose confer authors OF other
countries the rights as on American AUTHORS 40 o
course il ls all that is needed IL simply 10 aehd lno
present law SO that IL may apply to them as well as 10
native authore and leave them to make much or htte OF
they can. This would preserve the present ranss
intact, and least not deceive foreign authors Dy las
hopes not likely be justified II We mean TO protect
authors native ana foreign, IN the enJoy mgu. 9I 80
fruits Of their honest labor We must pOuiO .ht .nV
DOrtatlOn Of any book covered by a American oogsce
moi for the purpose OF raising revenue nor 10 ntcs
American but IN order th ne s grant
Df sole enjoyment which We profess To Sl'e " ~
Of copyIf ght may not be deiusiJn ,offey demands
Every consideration OF principle anu tP,yfhor Above
the fullest aud broadest security io character OF the
,ii tht,,s certainty IN terms and thts char
grant IS desirable e'peei,ay ihGepliaona II properly
e TDfh fhe iii would andoao1sd st lave aev
the most important a a. tlr time OF application for
CeeR eGpsV 4 seems % & to % tors @ 6oS PoH
Ieuan a N te P,ing publication In the United states
nychere. Only ad exrlns foreign editions ot work
registered Ioi cop Col rc, 7,1ectfriiy A W ToURGEE.
,.s..o, N, C6aliEeaL NeW Iork, Feb. Is, lee4
,.,>r,,, ~ pppI v VO NtR STEONAN,