New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-11-12
INTERNATIONAL COPYRIGHT
THE EXTRAORDINARY ACTION OF CANADA.
Mr. sPOFFoRD'S vIEws-AssURANCEs GIVEN by
LORD Observation-Disclosures DE-
DENIED.
rBr TELEGRAPH TO TIE TRIBUNE


MANDs DENIED.
rBr TELEGRAPH TO TIE TkBUNEl
Washington Nov. 11-"Ths is most extraordinary"
exclaimed librarian Spoford yesterday after read
ing the dispatch from ottawa published in The Tribune
about the refusal Of the Dominion Govern
ment TO allow the privilege Of copyright TO American
citizens. Mr. Spofiord continued
.The letter of Lord salisbury this subject is as
clear and explicit language could make It, The
Canadian Minister of Justice is in, error when no
speaks OF copyright agreement between Great
Britain and the United States; no such agreement
exists. The works OF British authors are admitted TO
copyright in the United States under the first OK Two
conditions prescribed in the law, which Is That the act
shall apply to "a citizen subject Of foreign state
or Nation when such forSgn state or Nation persnts
70 citizens Of the United States Of America the beneht OF
copyright on substantially the same basis as It's own
czens' The second condition prescribed by the law
Is fulfilled when foreign milton is party to an inter-
national agreement for the granting OF copyright, by
the terms Of which the United States at Its pleasure
may become party TO II. OF course there can be no
such thing as International copyright except on the
basis OF full reciprocal enjoyment by the citizens or
subjects Of all the nations interested OF all the beAe
fits and privileges of copyright
Have Canadian authors and publishers availed
themselves Of the benefits Of the new law"
Yes they have done freely, and o. course there
has been Withholding or curtallment of the
privilege on the part of the United states. In fact,
some Of the Canadian publishers have sought
privilege for which the publishers of other country
have asked. The law, you know requires that
foreign author or publisher, in order to obtain COM
plete and valid copyright must deposit In the Library
of Congress two copies of the work which he seeks to
protect, which copies must be printed from type set
In the United States, from plates made there
from. or from negatives or drawings on stone made
within the limits of the Unitd States from transfers
therefrom.. Now, OF the Canadian publishers have
represented that 10 exact immediate compliance with
this requirement is premature. but that they PROPOSE
at some time In the future, to comply with II,
and have asked that. with this understanding, the
works in question shall be entered for copyright.
This request has been granted but there has
not been in these full compliance with the
quirements OF the law, and copyrights thus entered
will not be valid and complete until two copies Of
each work shall have been manufactured in the United
States and deposited in the Library of Congress"
Il suppose there will be remedy II the Dominion
Government shall persist in its refusal to grant copX
rights to citizens of the United States Z" remarked tile
correspondent.
Yes the President has the power to alter amend
his proclamation of July l. 1901, as to Canada. or
any other country which shall refuse to grant to
citizens the privileges and benefits which grant to
its citizens. / doubt whether the action OF the
Dominion Government will be generally acceptable TO
the people OF Canada Mr.. spoford continued 1T
is nj important matter to them well to the
authors and publishers of the United States. This
works of American authors are widely read in Canada
and doubt exert considerable influence in political
and social, well as in a literary, sense"
Is the law working smoothly in respect to other
countries - asked the correspondent.
Yes, in the main, and the Number of works of
foreign origin entered for copyright is steadily in
creasing In one lot of entries which have Just ex-
amned, about third think of foreign origin,
but that proportion is higher than the average. Yes
a good many entries made in the names Of the
authors; the foreign reviews and magazines with two
three exceptions. have not been entered for copy
tight in the United States owing, I suppose, to the
requirement that the type shall be set in this country
'Csssells Magazine and The Review OF Reviews
have been copyrighted.
Perhaps l should MENTION" Mr.. SpoFord continued,
that there is dissatisfaction among few foreign
publishers OF musical works. The law has been so
construed TO allow the copyrightng of musical
positions OF foreign origin without having them
featured in the United States. After that construction
had been adopted, SOME Of the foreign publishers
serted that it also applied to collections of such
positions in book form. held to the contrary, l
compelled to do by the obvious meaning OF the
language of the law the publishers do not agree with
me and have showered exhaustive and elaborate argl
ments upon me, but they have not yet succeeded in
convincing me that in error. The meaning Of the
law is clear and plain to leave ground for
doubt, in my opinion"
Recurring to the unrendy attitude of the Canadian
Government toward authors and publishers who are
citizens Of the United states, it is pertinent to recall the
fact that Great Britain and her colonies were not in
cluded among the countries named in the Presidents
proclamation of July 1, 1901, until after emphatic and
definite had been received from the British
Government that citizens of the United States would
be entitled to enjoy the benefits and privileges
OF copyright in that country which the proclamation
granted to British subjects in the United states. In
letter to Minister Lincoln under date of June 16. 1891
Lord Salisbury wrote:
Her Majesty's Government are advised that under
existing English law, alien. by first publication In
any part Of Her Mslestys domintons. can obtain the
benefit Of English copyright and that contemporaneous
publication in foreign country does not prevent the
sutSr from o6an d British cSpys that
essay condition to allen obtaining copyright under
the ERh Copyright law ai and that English law per
to British subjects
BY telegram from Minister Lincoln, dated London
June 90, 1901, the Department OF State advised
that for the foregoing paragraph Lord Salisbury had
substituted the following
Her Majesty's Government are advised that under
the existing law an alien by first publication in any
Of English copyright and that contemponneous pub
lieaton in foreign country does not prevent the
residence in part of Her Ma,estys domnions is
nSSer s %stS to af aw ans S. FSs
law OF copyright IN force In all British possessions per
m 70 szens Of the United states Of America the
to British subjects
In his Official report to the President under date OF
June % 1891 Assistant secretary Moore OF the State
Department, referring TO Lord Sasbury's declara |
t0ns, said
II will be seen by comparison that the only change
made in the plraseOlogy of the note of June l6 by
the latter statement communicated by telegraph Is in
the last clause This clause in the note OF June IT,
was :" that English law permits to citizens OF the
United states Of America the benefit" etc. In place OF
this. the statement now made by the British Gov |
ernment Is that the law of copyright in force in
all British possessions permits" etc. This assurance
Is more comprehensive than the first and ms the |
Official statement of the British Government, given in
the very language Of the first alternative condition. Of
Section Is Of the Act Of March 3, 1891 warrants the
Inclusion Of Great Britain aud the British posses
slons in the proclamation applicable to Belgium and |
France.
II Is understood that the complaints Of citizens Of