Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-04-09

| luaeDHcuusctte On III. lfU. u COPY OF winch
is preserved in the library OF Congress. The
earliest book entered in the state Of New York
| was on the 30th of April, 1871. and ID was en-
titled "Ihe YOUNG Gentleman's and Ladys As
sistant, BY Donald Fraser, Schoolmaster."
Ii must not be inferred from the foregoing
recital that no copyrights were issued in the
United States prior to the first national copy
| right act OF 1880. Massachusetts and Connect
cut had, as early as 1883, passed acts through
their legislatures securing copyright on books
| Tor the term OF twenty-one years. In the same
year Mr.. Madison offered a resolution in the
congress OF the confederation (which had no
| Legislative powers), recommending to the sew
erai states to legislate 30 rs to secure authors
copyright in England). In 1855 Virginia car
ried out this recommendation, and In 1855 New
Jersey and New York also enacted copyright
privilege for the term Of fourteen years.
But none of these various copyright enact
ments could operate to secure any protection
| to authors beyond the limits of the state in
winch they lived. 1t was necessarily reserved
70 government embracing all the states within
- paramount functions to give sach protec-
ton to authors should avail them through
out the United States.
RENEWING COPYRIGHT.
Regarding the right Of renewal of the term Of
copyright it is q significant fact that it is
awaited of in comparatively few instances COM
pared with the whole body Of publications.
Multitudes of books are published which not
ONLY never reach a second edition, but the sale
| OF which does not exhaust more than q small
part OF the copies printed OF the first. In these
cases the right of renewal is waived and suffered
to lapse from defect of commercial value i'll the
work protected. In many other cases the
lsnt Oh renewal expires before the author or
his assigns bethink them of the privilege Sc
cured to them under the law. 1t results that
| nlnety-nlne books in the hundred, probably,
| are free to everybody to print without reward
| or royalty to their authors after a very few
years have elapsed. On the other hand, the ex-
elusive right in some publications of considera-
bic commercial value il kept alive far beyond
| the forty-two years included in the original and
the renewal term by entry of new editions of
the work and securing copyright on the same.
While this method may not protect any OF the
original work from republication by others, it
enables the publishers of the copyright edition
to advertise such unauthorized reprints as i'm
perfect and without the authors or editors
latest revision or additions.
The whole number of copyright entries of all
classes made since the removal of the records
10 Washington, from 1870 to 1890 inclusive, has
been 476, 1853, averaging over 20 800 annually.
although the average of the later years has been
more than 10000 per annum or nearly double
the annual issue OF patents. The majority Of
these entries, however, are not books. They
include great numbers Of copyright periodicals
engravings, photographs, chromos, maps,
charts, &c, in endless variety, to which the
protection of the law extends.
The works of graphic art alone, accumulated
during twenty years operation of the law, would
fill large gallery and this has been provided
for in the new library edifice now rapidly rising
on Capitol Hill. There the public will soon
have full opportunity to study the progress Of
the arts of design in the United States.
INTERNATIONAL COPYRIGHT.
1t remains to consider briefly the principles
and practice of what is known as international
copyright. What we call copyright is an
exclusive right to multiply copies Of any pub
LEGATION for sale. Domestic copyright, which is
all we have hitherto had in this country, is lin
tied to tho United States:
international copyright, which has now been
enacted. extends the right Of American authors
to foreign countries and recognizes parallel
right of foreign authors in our own. There is
nothing in the constitutional provision which
restraints Congress from granting copyright to
other than American citizens Patent right
coming under the same clause OF the Constitu-
ton, has been extended to foreigners. Out of
about 10000 patents annually issued about
200 Cor per cent? are issued to foreigners
while American patents are similarly protected
abroad. If we have international patent right
why not international copyright! The grant
of power is the same; both patent right and
copyright are for limited time; both rights
during this time are exclusive and both rest
upon the broad ground Of the promotion of
science and the useful arts. II copyright is
justiiable at all, if authors are to be secured a
reward for their labors, they claim that all who
use them should contribute equally to this
suit The principle Of copyright: once ad-
mitted it cannot logically be confined to state
lines or national boundaries. There APP
pears to be no middle ground between
the doctrine of common property in all
productions OF the intellect, which leads us to
communism by the shortest road, and the adj
mission that copyright is due, while its limited
term lasts from all Who N the vnrka nf
author, wherever found
Accordingly International copyright has be-
come the policy Of nearly all civilized nations.
The term of copyright is longer in most ma
| tons than in the United States, varying from
the life of the author and seven years beyond,
in England, to life term and fifty years addi-
tional in France and SPAIN Copyright is thus
made a life tenure and something more in all
countries except our own, where its utmost
| limit is forty-two years. This may perhaps be
held to represent fair average Lifetime, reck-
oned from the age of intellectual maturity.
There have not been wanting advocates for a
perpetual copyright, to run to the author, his
heirs and assigns forever. This was urged be-
fore the British copyright commission III 1878
by leading British publishers but the term Of
copyright is hitherto in all nations limited by
law.
THE NEW LAW.
The measure which became a law at the last
session of Congress is aimed at securing re-
ciproca! protection to American and foreign
authors. in the respective countries which may
comply with its provisions 1t is not to 60 into
effect until July l. 1891. nor even at that date
unless the President shall have certified by
proclamation that any foreign nation grants
copyright to our authors on substantially the
same terms as to its own citizens or unless the
foreign nation Is a party to an international
copyright agreement, to which the United
States may become party. The new measure
may be regarded as experimental and all
opinions as to its ultimate workings or results
are of little value at this time. Authors and
publishers alike should await Developments,
doing what they may to guard their interests,
while the experiment is being fairly tried. A
measure which regarded as worth SO many
years struggle to secure should be worth little
patience on the part Of those who have Sc
cured it.
In conclusion, the writers of America, with
the steady and rapid growth Of the art Of max
ing books, have come more and more to appre-
ciate the value of their preservation, in, COM
plete and unbroken series, in the library Of the
government, the appropriate conservator Of the
nations literature. Inclusive and not exclu-
sive, it is wisely made by law, SO far as copy
right works concerned, it preserves with
impartial care the illustrious and the obscure.
In its archives all sciences and all schools Of
opinion meet and mingle. In the beautiful
and ample edifice now being erected and dedi-
Gated to literature and art, through the iber-
atty of Congress, the intellectual wealth of the
past and the present age will be handed down
to the ages that are to follow.
Mr.. Spofford was followed by Prof. Thomas
Gra of tho po1vtac bpi 10 Tpo if,fa ~