New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-08-11
A COPYRIGHT CONTROVERSY.
ONE OF THE QUESTIONS WHICH NIX.
CHAMBERLAIN WILL HAVE TO
SETTLE.

London, July 81.
One OF the international questions with which
Mr. Chamberlain, as Secretary for the Colonies
will have to deal IL the Canadian copyright COR
troversy The Dominion Parliament has en-
deayored to secure for Canadian printers the
benefits OF the manufacturing clause which was
inserted in the American Copyright act for the
protection Of the same class. The CANADIANS
contend that their printers ought also to be pro-
tected and that copyright privileges ought to be
granted In the Dominion under the same restric-
tions and conditions as in the United states
Their copyright act. passed In 1890 In anticlpa-
ton of the American act OF 1891, Is designed TO
promote the interests Of the printing business In
Canada The Canadian act has neither been
sanctioned nor dsallowed by the Imperial Gov
eminent The Rosebery Government did not
know what to do with it. 1t very serious
matter to throw out an act passed by the Do
minion Parliament for the protection OF a single
industry II was also a very dangerous policy TO
sanction an act which might involve the repuda-
ton OF the international copyright arrangements
between the United States and Great Britain
The Rosebary Government in order to gain time
and to avoid the necessity Of an immediate deci-
sion invited the Ottawa Government to send
special representative confer with the Colonial
Office A representative was appointed and IL
now in London having arrived after the down.
fall OF the Liberal Ministry
Mr. Chamberlain through the negotiation Of
the Fisheries Convention with the first Cleveland
Administration. has established for himself IN
Canada the reputation Of being an astute I'M
perial statesman. who jealousy protects the In
terests Of colonial dependencies. He is known TO
be already comforting with representatives of the
Authors Society and to be studying the question
in detail He may be able to propose or accept
a compromise which will De satisfactory to can
ada but IT will be difficult undertaking.
The Canadian Copyright act. which must ulti-
mately be either sanctioned or disapproved' al
lows a foreign author to register his work sim
ultaneously in the office Of the Commissioner or
Agriculture and to reprint it in the Dominion
within one month OF its original publication. IL
ne negects to protect his rights in this way
"anv person or persons domicied in Canada may
obtain from the Minister of Agriculture a license
or licenses to print and publish and produce the
work" license granted to any applicant VIII
not convey exclusive rights that two or more
printers NAV publish the same work without
making any business arrangement with the Tor
eien author A license, however, carries with IL
the obligation on the part OF the printer 10 pay
the author royalty OF 10 per cent on the reta'i
price The financial guarantees are go vague as
TO be practically Of no value The printer IL
merely required to give such security tor the pay
ment Of the royalty as will satisfy the Minister
of Agriculture The retail price OF the Cahauian
edition will be set by the printer without con-
sultation with the author. This is the act whicn
Mr. Chamberlain must assume the responsibility
either OF sanctioning or throwing out altogether,
unless he can succeed in inducing the Canadian
Parliament to modify it in many details.
BRITISH OPPOSITION.
The Canadian act has been strenuously opposed
nv the British Copyright Association. by the
English publishing trade. by the London
Chamber of Commerce and by the Authors So
ciety. 1t has been condemned as inconsistent
with the principles of the Berne Convention
which were accepted by the British Government
for the United Kingdom. Those principles WERE
first that copyright should be independent or the
,,ace of nrInting and every condition Of manu-
fsc,ure. and secondly that an authors property,
when copyrighted should be within his regula-
zion and control Under the Canadian act the
nr,ncinle OF uniform copyright for the British
dominions is abandoned. Registration Is re-
oujred in Canada which is contrary TO the Berhe
Convention Copyright Is left dependent upon the
Mace of printing and publishers are licensed 10
nroduce an authors works without consultation
ar agreement with him and subject to such ar
rangements as may be made with the Commas
sioner of Agriculture without'any adequate safe
guards or financial guarantees IL IS the apoii'ion
of private property In copyright.
All the other colonial dependencies are intensely
watching the result Of Canada's attempt to over
ride the Berne Convention Imperial SANCTION
-, that act with its license clauses may be fol-
lowed by similar legislation In Australa anu
other British colonies. Copyright VIII cease 10
be an Imperial principle. The Engish au'hor
will lose control his property In the coonies
ord tho interests Of the London publishers will
h. seriousIy affected The principles to which
the British Government was unequivocaly COM
mItted at the Berne Convention will be fatally
compromised
So far as Canada Is concerned, the berne Con-
vention has been accepted. with the privilege or
withdrawal from it reserved. Great britain y
action at Berne did not have binding FORCE upon
Canada The British Government PROMISED 10
Use its influence with Canada and other colonies
and did So Canada accepted the berhe Coh-
ventIon with the understanding tnat IL couu
withdraw from 1t by giving years notice' us
copyright act is Inconsistent with the berne Con-
vention But It has retained the specinc priv
,,eye ., Withdrawing from that convention; and
Imperidl
act Is embarrassed by that fact and anxious to
make a compromise.
The Canadian Copyright act is not only con-
damned h, English authors and publishers on the
broad grounds that it involves a sacrifice or the
nrncinle that man has right to commercial
values created by himself. and establishes a
daneerous precedent for the other colonies. but
r. ,s also opposed as a compromise with a few
untrustworthy printers who have no standing In
the publishing trade and as an unnecessary sur
render that will imperil the agreement between
Great Britain and the United States. There are
no Canadian publishing houses which have
adequate facilities for doing business In London
with English authors and publishers. Unlike
the American publishers. who are we'll repre-
scented in London and are constantly In the mar