New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-02-25


share to be allotted respectively to the author
and to the publisher" The Berne idea. ac-
cordlng to the French view, would be fatally
compromised by the manufacturing and licens-
ing clauses. and. consequently. the proposed
Canadian bill ought to be strenuously opposed
by the Continental countries in the Union
1t Is evident from this summary Of the French
memorial that the Canadian copyright law. IN
It's original or amended form. is something more
than an imperial question. 1t is regarded by the
most influential authors and publishers IN faris
as an international issue. which Involves the
sacrifice of the copyright principle. NJ. Bein'
the president Of the Syndicate. takes the GROUND
that energetic action Is needed In order 10
arouse international feeling and to make the
Canadians understand that they cannot pos
sibly remain in the Berne Union If they want
to impose such terms on foreigners. lie mas
ordered the memorial to be sent by the Berne
Bureau to all the countries now represented IN
the Union, and also to influential members OF
Continental assoca tions.
NJ. Fouet. OF the great publishing house OF
Messrs. Hachette & Co, on the Boulevard SAINT
GERMAN. has given me a clear account Of the
influence of the Syndicate and of the motives
which have determined its action. The ten
workers, and the publishing interests Of France
Their power Is very great No Government
could afford to neglect their example and adj
vice The present Ministry has promptly acted
upon the Syndicates copyright remonstrance
and brought the matter before the attention or
the English Government. 1t will probably be
supported speedily by Germany and other coun-
tries Expensive French works could not be
reproduced in Canada under any conditions
but there would be c great sale for popular
novels in cheap editions. especially If these
could be carried across the border into the
United States. The Canadian market for trans
lated French works is not large enough To
merit serious consideration; but the principle
OF the Berne Convention. II compromised once
will be undermined That Is the real motive.
according to NJ Fouret, for the intervention
Of the French societies In the Canadian contro-
versy They consider II necessary to defend the
copyright principle against dangerous assault.
If the Berne agreement can be relaxed IN favor
Of Canada, it can be relaxed in favor OF other
countries and its efficiency fatally impaired
CANADIAN AND FRENCH VIEWS.
The leaders Of the French societies express
the hope that Canadian authors and publishers
will perceive how hostile the licensing and
manufacturing clauses are to what are con-
sidered here ndisputabe principles o! copyright
law and "in what position of isolation they
would place themselves by such a retrograde
piece of legislation, creating for their OWE bene-
fit legal power Of dispossession in respect
to foreign rights and enabling them to deprive
foreigners of their property a any time they
may think 1t worth while to do So" The Cana
dian legislators are not likely to take the
French view Of the case. They consider II their
right TO be on terms Of equality with the
United States, in relation TO copyright II the
Americans protect their printers by making
simultaneous publication OF foreign work III
the United States an indispensable condition or
copyright. then the Canadians must also have
the manufacturing clause The British Colonial
Office has recognized the Canadian right To
legislate this subject. and the Authors so
ciety of London. has proposed compromise
in Ottawa through one Of its most conspicuous
members The Canadians are not likely TO
withdraw from their position in consequence OF
this French demonstration on behalf OF tho
Berne Convention
At the same time Il must be frankly conceded
that the French argument is unanswerable and
that Canada If it adopts the licensing and
manufacturing clauses, cannot remain In the
Berne Union. 1t must withdraw from that
Union and remain outside Ike the Unite
States, so long as It withhods from French
German and other Continental authors and
publishers absolute reciprocity. The effect OF
the French protest. especially II 1t be supported
by Germany and other countries. will be 70
force Canada to retire from the Berne Union
The Dominion Government. when It accepted
the Berne Copyright Convention, stipulated that
this was done tentatively. and that 1t reserved
the right OF withdrawing from the Union after
q years notice. Consequently Canada Is at hb-
erty TO retire from the Union and to adopt the
qualified system OF copyright prevailing in the
United States. Great Britain accepted the
Berne Convention with the understanding that
1t would use its good offices In inducing the
Colonies also to enter the Union. The British
Government cannot force Canada to remain per-
manently in that Union. Canada can withdraw
from It after a years notice: and, apparently.
the French societies will move for expulsion. IL
the manufacturing cla,se be adopted by any
member Of the Copyright Union. !. y. +.