New-York tribune., 1884-02-03
TILE cOPYRLGHT OTESTION.

THE COPlRIGHI QtESIION.
The original scheme of the American Copy
right League to secure international recogni-
tion of authors rightsby the simple expedient OF
reciprocal legislation abOlishing all distinction
between native and foreigner in the laws for
protection of literary property was the simplest,
most equitable, and most effective solution OF
the copyright problem. We call it a problem,
| because it has been made perplexing by the dis
| putes over it. In reality the matter is simple.
| We admit that man has a right to the proper
| ty which he has created by his own labor,
whether of the brain or the hands. If it is the
product of manual labor we protect 1t every
where within our jurisdiction, no matter where
| il was accumulated or where the owner was
| born. But if it is the product of intellectual
| labor we exclude the foreigner from the benefit
of our laws and directly encourage our own peo-
pie to rob him wheneverthey can The one plain
remedy for this scandalOus distinction is not to
mitigate it by partial treaty stpulations, but to
| abolish it out and out The only condition to
| be coupled with the reform is that the country
whose authors we protect shall take similar
measures TO protect our authors.
This project can be carried out by an act of
| Congress. The arrangement proposed by treaty
was more complicated and less thorough. 1t
| did not recognize the foreigners right to his
! own property III another country, but it gave
HIM certain limited privilege Ofsellng it there,
! provided he could agree with purchaser in a
| brief specified time, say six weeks or three
months. If the negotiation fell through, then
| the authors rights were irTevOcably lost. OBJ
viously this was a device for the benefit of
booksellers not of authors. 1t would enable
| the bookseller to drive his own bargain by the
| simple expedient of delaying the negotiations.
At the last moment he could either buy at
small price, and so protect himself against do
nestle competition, or he could allow the copy
right privilege TO lapse, and let the book be
free to all pirates; himself included.
The plan of booksellers copyright by treaty
was approved by many Americans because it
included proviso that foreign books so pro-
tected should be wholly manufactured in this
country. But the protection of American in
dustry is no part of the function of 4 copyright
law. 1t belongs to the tariff. Our paper makers,
| type founders, printers and binders will be
cared for by the duty on foreign books just as
well ar our manufacturing interests in general
are promoted by the tariff. They are not entitled
| to, and do not need. an exceptional measure of
| protection different both in degree and in
principle from that accorded to any other class.
As Secretary Frelinghuysen remarks in his let
ter to Mr. LathrOp which we print o-day, the
most sensible course is to "lcave to the mutual
convenience of the holder of the copyright and
the publisher the adjustment of their contract,
and leave to the tariff the task of protecting
the paper makers type-founders, printers and
other artisans who join in producing the book
as marketable article
The American Copyright League made mis-
take, as Mr.. Frelinghuysen must have con-
ylnced them, in Offering to abandon their first
strong position, and to accept az d temporary
measure the imperfect relief of treaty. A
bill embodying the principal feature of Mr.
Frelinghuysens proposal has already been in
troduced in Congress, and some action upon it
may be hoped for. But it embraces the mis-
chievous and irrational condition that the pro-
lection granted by the act to a foreign book
shall cease on the authors death-a clause
which violates every principle Of property and
defeats the whole enactment. OF course no
publisher will buy right which may terminate
the next moment, before he has realized any
advantage from it. What would be thought of
a law respecting property in horses which pro-
vided that on the death of the seller of horse
the rights of the purchaser should cease, and
the horse should thereafter be dedicated to the
use of the public 7 We trust that the Copy
right League will spare no effort to have the
bill amended in the committee-roOm, and will
not rest until they have secured for the literary
profession the same exact and simple justice
which is accorded to other laborers.