Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-08-29
ryrEnNArroaA1 corYRIanr
Canadian Legislation May Permit of Inn
portution of Reprints.


portution of Reprints.
Harper's Weekly.
Considerable interest has been
aroused among British authors and
publishers by reason of the attempt to
obtain proclamation of the Canadian
copyright act Of 1883.
The particular provision of this act
which is most objectionable to the
British author and publisher is the one
which requires, as a condition Of OBJ
tanning copyright in Canada, that
book, &C., shall be printed and pub
lished or reproduced in Canada within
80 days after publication elsewhere, in
default of which any Canadian printer
may lawfully print and publish the
same, being obliged, however, to give
security to pay to the author royalty
of 10 per cent upon the retail price of
such publication.
There can be lit tie doubt that if the
absolute right Of Canada to legislate
upon copyright is admitted by the i'm
perial government, the United States
international copyright law cannot long
endure, and British authors will suffer
| in consequence. The Canadian market,
considered as a market for Canadian
readers, is of very little Importance,
but the Canadian market considered as
avantage ground from which to send
unauthorized reprints into the United
States is of very serious consequence.
This presents practical questions
which have already been forced upon
our authors by late ruling of the
Treasury Department of the United
States.
Heretofore the proprietors of United
States copyrights have had the aid of
our Treasury Department in preventing
the importation into the United States
of unauthorized reprints of their works
coming from abroad, so that careful
authors, aided by the customs officers,
have succeeded in fairly maintaining
their copyright property. OF course,
this has not been done absolutely, for
the long frontier gives special facilities
for the passing into the United States
of the garbled and trashy reprints
coming from the Canadian presses
But the author has had his market
fairly free from them.
By this new ruling, however, the
Treasury Department has taken the
position, in effect, that authors shall
no longer have its aid in cases where
not more than two copies OF work are
imported, and that in such cases, il the
copies imported are unauthorized re-
prints, the owner Of the copyright must
resort for relief to the courts, and bring
his action for the forfeiture of the
copies and for damages. AS these re-
prints are generally of the very poorest
quality, and sell for about % cents
each, the duty upon them is also re-
mitted, under Article 1,036, Customs
Regulations of 1892
The effect Of this ruling, which was
promulgated last spring, has already
been felt in the market and the I'M
authorized reprints can now be readily
obtained. Indeed, under such cir
cumstances this could not be other
wise. 1t is we'll known that the Tauch-
nitz reprints find their way through
English custom houses in great num-
bers, Notwithstanding the earnest
efforts of the customs officers to pre-
vent it, aided by the publishers who
honestly desire that the importation
into England of such reprints should
not take place.
Unless our Treasury Department re-
cedes from its present position and CO.
operates with the authors as heretofore,
the unauthorized Canadian reprints
will seriously endanger the market
value of all domestic copyrights, and
materially reduce the profits of our
authors.
This extraordinary ruling of Secre-
tary Carlisle could, we think, be re-
versed on proper presentation, and
we are surprised at the Indifference so
far shown by American authors to the
injurious significance of this ruling.