New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-02-25
COPYRIGHT CONTROVERSY.
ME,ORIAL OF THE FRENCH SOCIETIES
AGAINST THE CANADIAN COMPRo-
MIsE-THE BERNE UNION AND
THE MANUFACTURING CLAUSE.
Paris. February 5.

suddenly appeared on the dlpiofIld'' S'oe'
he champions of the copyright princlpIe' ""'H
the British Colonial Office and the Au'no''
Society in London associated themselves in an
attempt to secure a revision OF the Odhau'''
-onvrIeht act Of 1889. It was assumed that the
European Powers which had accepted the 'er"e
Convention would be Indifferent to the negotia-
tons conducted at Ottawa. This was iiS
take. The French Foreign Office has already
entered a strong remonstrancc against the pio
posed compromise. This protest is grounueu
unon the manufacturing clause, which IS re-
gardod ~ irreconcilabe with the vital principie
OF the Berne Convention.
The French Foreign ONCE has adopted the
argument of the Syndicate Of Literary ana
Artistic Societies for the Protection OF Intel
,ectual Property This is body with cenlrai
orran,zation in which ten powerful associa-
lions are represented. 1t includes La oocie'e
des Gers de Lettres. corresponding TO 'he Au-
thors' Society in England; lie Cerclc de Id La
brairie. or the publishers and booKsel'erS as
ISOLATION: two music societies. one inaue up VI
composers and the other of puphshers anu
so,,ors. an association Of artists. painters,
sculp:ors architects engravers ana desis"ei''
another society of French artists or the hs"e'-
ror,.. tro architects unions: La SOciete FRAN
ca,ea do Photographic and LAssocation des
Jnyenteurs ct Artistes INDUSTRIES. These ten
associations include Ieary all the French "o'h-
ers and dealers in literature. art ana lhNe'i'io'
The managers Of the Syndicate are the proih'
nent members of these influential socleues' anu
,hev hold monthly meetings at which questions
of mutual interest and advantage are uiscus'e"
The proposed Canadian copyright compromise
was one of the controversial questions "hich
naturally commanded the attention of the Syn
- ,ha W.
critically examined, and Hall Gaines account
Of his negotiations in Canada also was scru-
tinlzed. The Syndicate. after deliberate invesu-
cation has nrepared memorial on the sub
loot which II has submitted to the French
Eor.,yn Office This memorial has been or
ec,a,,v adopted by the French Government as
ITO own remonstrance against any compromise
~ the principles OF the Berne Convention
Comics of II have been sent to the Foreign VI
Aces of the various Governments winch ac-
cepted the general copyright agreement anu
also TO the copyright headquarters al berhc'
ond N Continental associations Of authors pup
fishers and artists
IN CONFLICT WITH THE CONVENTION
Tba Svndicate's memorial points out the direct
conflict with the Berne Convention. which VIII
result from the adoption Of the manufacturing
c,ause in Canada with the sanction or the
imperial authorities. 1t contends that II Is
mistake to assume that the Berne Union SIM
ply stipulates that the owners OF foreign III
;eectual property are entitled 10 the SAM
rights as the owners OF an Englsh lnteiiectu"i
prorerty, and that II the privileges OF the ia'-
ter are restricted by licenses the former nave
no ground to complain II their own rights are
limited to the same extent. LAS matter OF
fact" the memorial states. the vital prihciple
CT the Berne Convention Is embodied IN 'nls
double maxim that foreigners enjoy In every
country of the Union the rights which are con-
ferred on the natives by their respective laws
ON the sole reservation that they shall fuihi
tho conditions and formalities prescribed by the
legislation Of the country of origin. IL loHo"s
thu. nv the proposed Convention. the author
mr. publisher appearing for the first time IN
France is entitled in Canada at the present time
to precisely the same rights as the natives
that is. the authors and publishers of Toronto
ord Ottawa mot the natives Of London"
According to this view the author or pub
Usher Is entitled to this protection on the sole
condition that he fufs the requirements and
formalities prescribed by the legislation or the
country of origin. The French author or pub
Usher having copyright In his own country
now enjoys II In Canada also. without being
subjected to any OF the formalities OF Dominion
law Consequently. to treat In Canada inc
French publishers and authors differently from
those Of Ottawa Toronto would Involve
violation Of the Berne Convention without refer-
ence to the question whether the London au-
thors and publishers would themselves be dealt
with like those Of Paris TIC impose upon
French writer's and publishers, before granting
them the full protection OF Dominion law, any
formalities other than those prescribed by the
mt TRY
of origin-would be violation Of the Berne
Convention. On this point the Syndicate con-
siders that there can be no possible doubt.
TRYING TO COMPROMISE
The British Colonial Office has been attempt
ing to bring about a compromise OF the cana
dian act of 1889 with a restricted application
Of the manufacturing clause and with safe
guards In the interest of foreign authors and
publishers. The memorial contends that the
sanction OF SUCH measure as has been under
negotiation In Ottawa would compel the For
e,gn Office TO denounce the Convention so far as
the Dominion Of Canada is concerned Cana
dian authors and publishers would Lose the pro-
lection which they now enjoy IN every country
represented in the Berne Union. This protection
is afforded to all works published for the first
time in Canada, even If the author be native
Of the United States, country not belonging
in the Berne Union. This denunciation OF the
Convention would be most deplorable the Syn
dictate adds. when conference is about to as
semble in Paris for the purpose OF revising II.
and It would be unfortunate precedent
The memorial also states that the proposed
compromise is based a false conception Of
downright and that Il will deprive the foreign
suthor in Canada If he be French. English or
German. of all freedom TO dispose Of his work
In such form and at such time as he may
choose He would no longer remain free 10
publish or not to publish II. lie WOULD De COM
pelled to have it printed and even translated
IN Canada with the shortest possible delay. and
y,,,out having any power to choose his own
,bis wero NOT done. he