New-York tribune., 1884-02-25

I u
This Is fundamental distinction between the two ana
the reasons for it are obvious. Paentrght gives to
particular indv dual property an Idea In every case
where patent Is granted there always some principe
involved The fact OF the priority OF discovery OF
the principle gives TO the owner OF the patent an eA
elusive right to the application of for certain period
Nobody else can employ IL without his permission lie
who does so subjects himself legal penalty Yet ASA
matter OF fact fifty men, knowing nothing OF each other
and pursuing entirely independent lines or investigation
may hit at the same time upon the same principle lAe
mere fling OF a at the patentohoe by one oi te
fifty before the Others secures him the exclusive appl
cation OF the principle which the other rorty-nne may
| have discorered simultaneously. patent therefore,
by its very nature gives man monopoly III the
Use OF an idea which may haye become common 10 num-
bers. The granting of monopoly however ls Always
question Of public policy; 1t can never be made ques
ton OF right.
There Is nothing analogous to this I'm copyright by
the author has not the slightest legal property IN the
ideas he may have originated the knowledge ne may
have acquired Anyone Is at perfect liberty 10 p'nu'l
him Of eithe provided be varies sufficiently the orh o
cxpresson The only crime OF which the onehuer can De
accused of plagiarism the only penalty ne can "'
made to suffer the loss OF estimation among LIS ieo"
men, He can Dc punished neither in purse nor person.
| for De is entirely oat Of tie reach OF the law
WHAT rHE COPYRIGHT PROTECTS.
What IT, them that the law does protect in the case OF
! copyrighl Not an authors knowledge OF MS IIeh''
merely tie form which he publishes bis KNOWLEDGE ana
expres.es bis ideas. This is the one thing which j.
purely creation of his and which coNd no' posi-
bly, have created by anyone else but himself 10 20
back 10 the previous illustration hfy men, KNOWING
uot OF each other and pursuing entirely independent
lines OF investigation. may have acquired M me same
TINE the same knowledge have come 20 entertain the
saule views No priority OF publication can give one OF
The fifty the slightest legal advanaee over the otei7
either ten or ar can secure 20 hlm the e1-
elusive use OF tho Information ana ideas n- may nave
made known though both Incy have been absolutely I'M
heard Of before IT, indeed the whole fifty should Dy any
chance happen 10 publish tho slme facts ana con-
lpsiou. ON the same day the difference IN their method
~ expressing these facts aud conclusions would ne so
complete O.. equally eHtite all Of their productions 10
c1pvrich Literary form purely the creation OF the NJ
dyidua Is alone protected by the law; and literary form
no more uereres with the rights Of others to use the
uovedge and IDEAS conveyed by 81 tAan the building OF
a house by one man prevents another from building
hopse more or less resembling 80. Al authors nght 20
property In what lie has written Is founded upon the
,ame principles which give any right 10 the iruit
OF hs own labor and the denial OF 10 ia nothing more than
a concess IN 10 the meancst form of communism
The distinction between patent-rght and copyright
paeds only 10 be stated order 20 be tS II is 10
he conceded thar the distinction h"s often been over
looked by the advocates O literary propcity' bul II ms
far more often been intentionally m1ddlei by those VINO
have hecn Interested In coufolndug the two This con-
fusion has always resulted the disadvantage OF the
author In large share Of the legal discussions upon
this subject especially in the last century u was con
stanty asserted tat the author N 1eeAHS 10 nav 1,S
rlht 20 MS proiuc ons ackno~rdsel WI yll.l'Hhs y H
himself the exclusive approIi Iilaton OF the u9's me -
originated or thought he bad orieinatedi ana ths NJ
inrnt jt the i'm mtslaiion NJ pr. ~ P - a., ti.ir
10 be- lqhorOuev knocked % pieces by lawyers lh thef
bc.I 0ff u 10 sraud ls been done by Mr Lea in lls
letter. with tie 0dious nune % monopoly SPECIES oI
rop.rty which IN 10 given case could have been pro-
alctl by anybody else tAan tie very man WLO dd PR,
duce f. and which 7ould never he produced ny ahyoy
D .1 ,Uf,I.l f--tu I-
which never be said OF an invention me moment
- Ir,grt,, of ali neu Tor y De haG not originated
IL somebody might have done SD a. tsat Dis COPY
rni gave hn a. the reward of years Of toll and study
W.. UTopcrty in the peculiar form u w1icu he had de-
yeopel his ideas IN tni' country IL 'll no ~ Nv ] hl
ship OF % house monopoly than the ownership OF sucu
, form Of property.
COMMON LAW AND STATUTE.
Moreover. a. lIr Lea doubtless knows q monopoly
cannot exist ~ law, or 20 adopt e usual ex-
preston. uionopoIes odious 70 the common law
But he ought 10 know further that while there has been
and Is difference Of opinion this point the weight both
Of legal opinion and judicial decision Is IN avor Of the
doctrine tln night % literary property exists al com
mon law Tits was held u tine famous decision gwen
after exhaustive Investigation OF the suYcc IN .DJ II
the Court Of Kings Pencil te great lur-t loiT nas
Hold presiding and ony Judge dsrenling Inat de-
has never 70 this day Dren oNeIruu ne @
opinion OF that tat tie copyright satute OF he
e lhth OF Queen Anne confirmed the cOumon law right
Instead taking II away, vas indeed reversed W the
House Of Lords in 1774 but their decision did not deny
the existence or the rlght previous % me stlle ne
supreme Court in 1884 declared that copyiisht was
founded IN this country only upon statute ng II ,la not
undertake deny existence at cOnlOn law. III eK-
ised at common law. however. IL was not monopoly;
and Mr. reverse the decisions Of the courts De
fore ne ente without being challenged to make
et us assume FOR the sake Of the argument. however
that patent right and copyright stand upon precisely the
saIne footing Why deny 20 The English author what Is
given nnerIlqiDglv to tie English Inventor 2 No one
will nave the hardihOOd claim that the policy o justice
ia the has worked disastrOusy 10 he nateIai
prosperity Of the country and 10 t inventive spirit Oh
the contrary has been Of infinite service 10 boih
why have not rgnt to expect II . the same pohcy
OF justice VII work a. D'nehclaily IN tne 0c % "a ~ , m
the other It Is dihc1lt to speak seriously oi Tue
reasons ior tnis cl-ctlD hapn a., 80 ~ R - N rb t1r
seems ascending 70 ms account thai te hnt7 s,no MOI
practically the habit OF selling himself l0dl ana souI
10 the English publisher; and the latter out OF the innate
depravity 0f is heart apparently VIZ svltI ~ ,i5
furns 10 the millions OF TINS country ne hleIicluai
food they except at an eravaganty high price
II may remarked in passing that the opinions which
the publishers Of England and America often appear 10
aging authors; IN both cases sure they treat each
other with injustice The reason above given i more
amusing than convincing. There ground 70 believe
t,b in TeItcT 7 And no eI1donce NJ t6e intense al
taolinen between him and the English publisher that
would lead hin sacrifice his profits in this country for
ister fe has hitnerto not troubled himself about the
American market, because he has had an abiding con-
Nation felt bound TO respect Once give him ls rights.
and Mr Lea may rest assured tha he will look as care
fuiy after hls Interests az tne EnkI1h INVENTOR Ihos
interests moreover, will be certain IN nine cases out OF
ten. lead him seek American publisher, FOR the
very obvious that is that publisher alone who
! understands the American market
| BOOKS CHEAPER IN ENGLAND THAN IN AMEFIOA.
One thing more There Is the least probability that
the methods Of English publishers win ever be trans
ferred to this country But II "a well 10 correct prev
alent error which forms the basis OF one Of Mr. Leas
most dismal pictures OF the RUN that wi be wrought by
the passage of bill This Is that prices of books
are nigher In Enrland than In this country. On the
eoufssry they are jim most cases far lower Books can
be purchased In London or IN any OF the great cities OF
England much cheapy thali lh my pVloh VI ,his
co,intIV Mr. Lea evidently knows this iact Tor he IS
earef TO put adjective before his noun ana say aI
iu England ner the luxury 0i the rich h0W
every careful buyer OF English books knows that Ihls
erroneous idea their e1pens due 10 o price
fixed upon them M the time OF public alOhi ana tna
within three months frequently, within SIX months
usually within year at furthes they IN ost cases snh
10 halt to third fourth and sometimes 20 ah eigh