New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-10-13
COPYRIGHT IN CANADA.
DISASTROUS POSSIBILITIES IN THE MAN.
UFACTURING CLAUSE" OF 1890.
AUTHORS AND ARTISTS WOULD BE EXPOSED 10
PIRACY OF THEIR WORKS FOR THE

PIRACY OF THEIR WORKS FOR THE
PRINTERS BENEFIT.
To the Editor OF The Tribune.
Sir: VIII YOU kindly permit me TO add few re-
marks to the very comprehensive resume or the
Canadian copyright question which your London
correspondent submitted to your readers In his
letter Of July 81? The great International Agree
ment drawn up and approved by the Berne Con-
vent,on Of 1887 il the outcome OF fifty years strug-
gle to protect fully the legitimate rights OF literary
and artistic property In every part OF the world.
It has been adhered to by Great Britain and her
colonies, France and her colonies. Germany BEL
gium Spain and their respective colonies Italy,
Switzerland. Tunis. Haiti. Luxembourg and Mon
AGO. The following nations likewise on the
point Of signing the agreement. namely, Austria
and Hungary, Russia, Sweden. Norway and Dem
mark
BY the adoption. however. OF the manufacturing
clause IN their act OF $780, the Canadians must In
evtaby forfeit all the protective rights afforded
by the Berne Convention; and the more one re-
ascts upon this the clearer II becomes that the
Canadian legislative body cannot have realized
the Importance OF their decision II is. OF course.
possbe-though by no means certain-tnat cana
dian printers may make larger gains and that
their industry may become more important But
what would this advantage be in comparison with
rho removal Of all international copyright protec
ton in every part Of the world for all the Cana
dian publishers?
The interests too. Of the Canadian author.
PAINTER. sculptor musical composer. designer. en-
graver. photographer photographer. architect and
scientist seem 10 have been totally overlooked.
As result Of the final adoption OF the new act in
it's present form-and Canada's consequent isola-
ton from the Berne Conventional copyright
productions issued within the Dominion could be
freely pirated by foreign countries without any
hindrance whatever.
Are then all these important professions to
suffer merely for the benefit OF the small number
Of printers who inspired the manufacturing clause
OF the 1890 act? 1t TO me to be an impos-
slbtv: but If such ultimately be the case. then II
is quite certain that Canadian authors. artists.
etc will prefer 10 offer their works abroad-to
publishers in other English-speaking countries
where their literary and artistic property would
obtain proper and fair protection This prospect
can hardly be gratifying to Canadian industries
in general or 10 the Canadian printers in particu-
lar Fortunately one Canadian author has all
ready spoken his mind and states that the
Canadian writer's were not consulted about the
act. nor had they anything to do with II; tha' IL
was carried by the influence Of Few Interested
individuals or firms through Parliament not
highly qualified to legislate on questions Of this
kind" He further adds that all the Canadian
writer's with whom. he has had an opportunity OF
speaking are opposed to the act
sincerely hope that other influential men IN
the Dominion will come forward and make their
countrymen see that the printers interest Is far
from being the only one % be considered CON-
cessions once made in favor Of Canada could not
r1rfff
be withheld from Australia and other bri'ish
colonies and any attempts 70 exclude these from
the Berne Copyright act would inevitably lead TO
international dissensons.
The conditions ~ the Berne Convention are
essentially based upon the mutual reciprocity OF
nations: France. Germany. Spain ana other coh-
tracing parties together with their various de-
tendencies. would certainly have cause for COM
rlain,-and very Justly soft any such partial
executions were introduced In what positions
would British authors find themselves H. TOT
instance such important hook-manuIactuIins
centres of Germany as the kingdoms OF Saxony.
Bavaria Wurtemburg or the Grand-duchy OK
Raden determined. the same plea. 70 rree
themselves from the restrictions imposed upon
the whole OF Germany by the Berne convention.
These restrictions have. doubtless told very
hardly in certain localities. considering tnat tne
people engaged in the production or DOCKS anu
various printed matter In any one OF 1hesr Couil-
tries exceed by far those similarly occupied III
Canada. -......
There are analogous cases In nearly every coun-
fry The French and Spanish colonies might,
likewise deem ii advantageous N fol)W IN inc
wake OF Canada. but il is pretty certain thde
their respective home governments WouIu not
tolerate such exceptions SO. in the same way
now that Russia and Austria have signlned tnelr
intention OF Joining the c0nventi0n-the printers
of Hungary. Poland and Finland might seek III
their own selfish interests. 10 free themselves
from the restrictions imp1 by TINS conNeh-
ton II the predominant governments were ever
weak enough 10 permit OF such arrangements
II such exceptions are 20 be- allowed piracy, l
fear would soon be again the order OF the daS
The people who would suffer most would De the
authors in English-speaking count ries. Is IL.
then possible that the British Government VIII
be- 50 short sighted 10 sanction measure
fraught with so much mischief and danger?
The Berne Convention may possibly require
notification but the endeavOr ~ every honest
person should be TO strengthen this 'lnterna-
tional bond" which. like the postal union.
should take effect IN nearly every country OF the
world When this has been done We may then
perhaps succeed in obtaining the long wished for
unihcation Of the copyright laws Of the different
countries in harmony with the spirit OF the Berne
Convention. ,,,
must not trespass further upon your valuable
space but the literary men % all countries cam
not but be thankful 70 you. sir. for the bold stand
YOU have made I'm endeavoring TO prevent an ex-
traordinarv piece Of one-sided legislation from
definitely becoming law. -
HENRY KLEINAU.
London, England. Sept o. 1885.