Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-03-25
CAN NEWS RE oopyRIGurED,


the New York Herald against the San
Francisco Chronicle to obtain an in
junction prohibiting the latter paper
from reproducing from the columns
of the former news matter which the
Herald has copyrighted The defense
OF the Chronicle is based upon two
grounds, the first OF which is an edi-
torlal announcement contained In the is
sue OF the Herald dated Feb. %, 1898.
as follows:
"As the Herald has stated over and
over again, It's news, with our compli-
ments, is at the disposal OF any paper
fair and square enough to give credit
for It,"
The Chronicle claims that, after max
ing such an announcement as that. the
Herald is ostopped from proceeding
against any paper that has given due
credit for news reproduced from its
columns, and this the Chronicle claims
always to have done. But the second
ground OF the Chronicles defense
raises n question Of far more i'm
portance to the entire newspaper press
OF the country. II 10 the contention
that news matter. narratives of facts
and events, can not he copyrighted.
This issue thus Joined between these
two wealthy and powerful journals. Is
fraught with the most profound inter-
est to every newspaper In the United
States.
II news can be copyrighted, the first
paper to print the facts relating to
some startling event. such for example
as the blowing up OF the Maine. could
prohibit any other paper In the whole
country from publishing those facts
without paying royalty to be fixed
ny the newspaper lucky enough to have
such scoop. The royalty would have
to be paid or all the other papers In
the Union would have to wait twenty.
eight years. the period covered by
copyright before giving the news. which
ny 'hat time would be liable to exude
an odor of staleness. The preposterous
results ensuing from the copyright of
news are thus described by the chron-
icle of the 18th inst:
1T is now some fifteen veors ei,ce
the pretense was first set up that news
could be copyrighted. yet during m.
whole interval since the claim was nut
iofth, no attempt has been made to en-
force II. Does any one suupnse for I,
moment that II II We're possible for n
newspaper, by the simple expedient Of
paying the fee of one dollar exacted
Tor copyrighting anything capable of
receiving the protection of the law per
tanning to copyright, To secure the
valuable privilege Of munopolizinr the
circulation Of piece of news for
tWenty-eight years, the matter would !
not have long since hoen placed beyond |
all possibility of disIute2 That the dues- |
non is still an omen one is prima facic
violence that no one believes that the |
claim that news can lie copyrighted |
aan be made to stick That the Herald |
mas no confidence its ability 10 have
the copyright law construed so MS 10 |
over news may be inferred from the |
admission which We find in the above |
quoted permission, that any paper ia /
welcome 10 use it's news that IL fair |
ana square enough to give credit for II
1T IL not necessary here to discuss
Nhat may be copyrighted further than
20 say that the law seems to be clear
mat 1t must he Il product nf the intel
Get, something In the mature of "A crea-
ION ana that 1t must have the element
II permnnency of value, piece of
rows has none G; these characteristics.
II Is simply "A relation Of facts and its !
value Is destroyed by the very act of
publication. There IL no reason, there
ore, why the protection Of the law
should he accorded to anything OF the
sind. on the contrary public policy
demands that no such restrictions
should be placed upon the dlssemina-
Ion OF Intelligence. II the claim OF the
Herald Were sound II would be possible
'or that or any other journal. by a re-
sort to the copyright law. TO prevent
he publication by any other paper OF.
et us say, the Presidents message. If
I happened 10 secure copy I'm advance
u its official publication. Indeed. the
Herald goes n step farther and claims
hat II II cables the queens speech or
IN address OF the president of France
% the United states, ana copyrights the
'dition In which II appears. no other
PAPER may nrint them, although they
nay have been generally circulated in
he countries where they We're original
y delivered.
TO suggest such possibilities Is to
hrow into plain relief the utter absurd
" Of the Idea that news can he COPY
1ghted. II Is an attempt which every
ournal In the land has an interest in
'eslsting, the Herald as we'll as five
housand other daily papers. whose Pre-
rletors would all be subjected to vexa-
lous suits II the practice of copyright
hg became general for II must not be
ssumed for moment that only the
sew YORK papers can resort to such u