New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-09-16
CANADIAN COPYRIGHT.
THE POLITICAL SIGNIFICANCE OF THE
QUESTION.
DIFFERENCES AND CONTRADICTIONS ON EVERY
sfDE-A SMALL BAND WHO COMPLAIN OF
GRIEVANCES. But WHO REPRESENT

sfDE-A SMALL BAND WHO COMPLAIN OF
GRIEVANCES. But WHO REPRESENT
NO WIDESPREAD FEELING.
Toronto. Ont. Sept. l5-Mr. Chamberlains re-
ported refusal 10 ion the Dominion Copyright
act OF 1889 Is not considered the end OF the matter
at least from a Canadian point of view. Much Will
depend upon the concessions made. and upon the
result OF Hall Gaines mission when he arrives
at Ottawa as the delegate of the Society OF British
Authors. Judging from the firm attitude taken by
Sir John Thompson. the late Premier of the Do
minion. in his Official correspondence with the Home
Government, the claim therein made cannot be dis
allowed without forming troublesome precedent
In the history OF constitutional relations between
the Dominion and the Motheriand. Thus far Eng
land and the United States have agreed in
sldering the Canadian act threatened disturb
ance OF international copyright but should
al least be taken to examine the Canadian Calm
and determine the various influences which formed
st. 1t is necessary 20 know whether II is really an
authentic demand OF the Canadian people. or speaks
urgently for the interests specially concerned In
booknakng
The Political significance OF the question has
tcuStedy been kept well 10 the front. Long before
confe5eia ton the British Government was
minded OF grievances felt under the Imperial act
OF 1852. but since the formation OF the Dominion
there has been repeated assertion of the right OF
the Federal Parliament to leglslatc the subject
Government,
ned by eminent legal advice. took the position that
Canadian legislation at that time gave copyright
throughout the Dominion 70 works published in
any part of II. but that IL did affect the pro-
lection against piracy afforded by the Imperial act
OF 1872 throughout the whole British dominions In
respect OF works published in the United Kingdom.
1t ls conceded that the Canadian act of 1852 does
not contradict imperial legislation since 1867. the
year OF confederation. and the question is whether
It shall be allowed TO override imperial laws in
force before that date. The position Of the Do
minion Government, ably stated by Sir John
Thompson Is that the Dominion Parliament. TO
which legislative authority on the subject of copy
right was assigned by the British North America
has the right make regulations In Canada
regarding copyright Notwithstanding that they may
differ from imperial laws passed prior 10 that act;
tina; Canadian authority egis,ate has mita-
ton OF its competency except by disaliowance ia
right which Her Majesty can exercise whether
the &C; be within the power Of the Dominion Para-
meni noU. and also by imperial legislation sub
seauent the British North America act, and
applicable To Canada.
HAS CANADA THE RIGHT TO LEGISLATE?
The constitutional point is whether this act.
which created the Dominion. did did give
to the Parliament Of Canada power as full as that
possessed by the Imperial Parliament itself
cay who should ard who should not have copy
right within the Dominion. Under the imperial act
OF 1912 English copyright extends to the whole OF
the British domnions; the Dominion Parliament. by
legislative action in 1889. excerpts Canada from the
operation OF the act o, 1892 and does by
thority claimed under imperial act OF later date,
namely the British North America act. As far as
this question is concerned with Canadian politics.
there party differences. The act OF 1889 has
been strongly supported by members Of both politi
cal parties. 1t passed by a unanimous vote and the
constitutional claims made on behalf of the Do
nninon Parliament have met with little, II any. adj
verse Canadian criticism.
But when pass from the constitutional phase
O, the question and consider the interests affected
there are differences and contradictions on every
side Promoters OF Canadian copyright vigorously
assert a number OF grievances felt under the
isting law. They declare that American authors
and publishers disngenuously obtain English copy
right by publishing limited editions OF their works
in England thereby gaining control Of the Canadian
market; that British publishers and authors show
an unfair preference In the sale OF their copyright
privileges to United States houses refusing TO sell
10 Canadian publishers like terms. and that
the prohibition OF Canadian reprints has trans
ferred-to American publishers the bulk Of the busl
of bookmakng for Canadian readers. To
remedy this the Dominion act OF 1859 proposes that
persons having copyright under British law by
virtue of treaty arrangement with Great Brit
ain can secure the same in Canada only by pub
fishing repubishing therein within certain
time: but that those who do not conform to this
provision will be protected. nevertheless TO the
tent OF royalty collected all republicatons
OF their works made In Canada by any other per-
FEW ACTIVE FRIENDS OF THE PROJECT
Such, generally speaking are the grievances. and
such Is the remedy. To what extent are they
verified. and the remedy really wished for by the
interests periodically affected? The active
friends OF Canadian copyright are represented by
an association said 10 comprise twentysix per-
N he tail
book trade. we'll among the publishers. clearly
shows that the association Is by means repre-
sentative OF the demands OF those interests The
retail booksellers OF the Dominion. according 10
come who have taken the trouble 10 acqusni them
selves with the facts utterly Indifferent TO the
claims OF Canadian copyright. and no gain to
their trade by its promotion. publishers repre-
sentative told the writer that OF forty leading
booksellers in Ontario. Quebec and the Maritime
Provinces none had expressed any desire for Cana
dian copyright In regard to the publishers. II may
be said that few are in active sympathy with the
movement. comparatively Indifferent and
others decidedly against II. The leading centres
OF the publishing interest are Montreal and Toronto
The wholesale book and stationery section OF the
Toronto Board Of Trade favors the movement, but
the section includes only OF more than
seventy engaged in the publishing business. One
OF the ten. and in respects the important
in the city. refused 10 join in active efforts for
copyright. believing the difficulties 10 be insur-
mountable Al meeting OF the Canadian Copy
right Association which described as large
and enthusiastic. less than dozen publishers were
present. II is said by some who Indifferent or
opposed to the association that four five persons
are chiefly responsible for the proportions the ques
ton has assumed AS far as Montreal Is concerned
there is certainly ground for assuming any
greater interest in the subject than exists in To-
ronto. II is probable that the printers and paper
manufacturers influential In the present
agitation but 1t is difficult to why they should
enter heartily into the movement than the
publishers and bookseers whose attitude Is the