New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-03-18
COPYRIGHT.
NOTES nv LAWYER WHO is ALSO A
MAN OF LETTERS.

TORY OF COPYRlGHT in do mn 9os a. p
Putnams Sons.
AS Ouain Professor Of Law at university O'
,ege London. Mr. Birrel delivered last year "
series Of eighteen lectures on the supJec' VI ''p
right In the present volume he gives Us n va"
densatlon Of his disquisitions IL Is auures -
the general reader. It will do him gooo'
already in possession Of Mr.. Putnar's N"''''
book on copyright. but We cannot nave 'o' N'''''
nop,Ilar volumes on this subject volumes WIN"
treat II in a practical manner ana at '"e
time with that nghtness OF touch tha' MI D'
rep Is peculiarly qualified to exercise he "rI'e'
az LAWYER but also as a man OF letters i"'
reader will especially appreciate the co'"'''o"
sense which characterizes this book
No one could question Mr.. Birrelrs anxiety 10
he inst 10 the author but he takes pains no' "
make a fetish Of any one Of his principles 'nu'
he handles the question Of the duration OF copy
right with terse logic. saying: ferpetuai ''pS
right is dead. Nobody cares about 1t any longer
What is ~ Did Glover's 'Ieonidas' belong TO
me would I republish II In the age OF huuS al"
Kipling? on the other hand. would we 'oierae
the ownership OF Paradise Lost ny MT 'E
monds's assignee? And yet Mr.. Symonds oous"'
# for f15O and took an assignment "i II ~
himself his heirs and assigns forever we
would not tolerate 1t. and there IS an emu vi ~
The world IS governed by IDEAS ana one oi ITO
ideas is that authors and artists are eh''uV' y"
reasonable nrotection for their books and pct
. ra ro+b,rg more" or course. the knotty
question is Just what should "reasonape Pr'
+oo+io," he Mr. Rirrell states that there is now
q general agreement that protection for me
neriod NJ the authors life plus term OF years
would he rational treatment some say '""'
.ho ,ostburoous neriod should extend over thirty
wears others stand out for fifty. The Justice u
o,.o, tho latter term is not absolutely conVlnc-
tho Inst why the great great grandchildren OF
o torrous author should not derive profit from
his literary estate is not easy to see iHls' nv"
ever Is a question on which II Is useless 10 uos
native As Mr. Brrell says. I'VE woud not 'o'
crate nerpetual copyright and OF course one -
oo,,o darcero,slv near such copyright when one
begins n take thought for an authors desoehu-
ants IN the fourth or fifth generation. MT DIT
reu as we have remarked. is eminentY prac''c@'
| We Gee this IN his delicate treatment OF the
atoms Of authors and publishers hf uoV'
! not incline unduly to one side or the o'he'' ="
| thinks that publishers grow disposed 10 resalu
| authors as a class of persons VINO are 81 sie'S
| Obliged 10 their publishers for puplSni"s an"
! arrood,rg abroad the books which may make
! authors
insist unon a too rigorous system Of expiana-
tion and account" but he adds, never was
COZ ~ man so ignorant Of the conditions or the
.uoao an which they largely depended as au-
tbore Their natural vanity he observes. tempts
| - o,,hors N take a "fanciful" view Of the
publishing business. and he points out WIN
| r,ucb urhanitv that the author forgets now
oeu,, he ran publish his book himself II ne
cares To take the trouble, and has the money OF
tho credit At the same time Mr. Brrell Is not
o,nicauv Indifferent 10 the fact that Whatever
an author may want to do. he IS, on the whoie'
mare or less Of a slave to present conditions
and while he criticises the editor of the organ
~ the Society Of Authors for printing occa-
sionally letters more irritating than useIu "e
nraises freely the general labors or sir WAFER
| I,..o,. and his colleagues in teaching the liter
or,, man how to protect his own interests
rrris hook Is itself an admirable contribution
| IN the authors store of useful information anu
theory. It may not present wholly sausiac'oiS
| stata If affairs but II gives clear ldea ol '"e
| ,,tecarce Of the term "literary property, ana
e makes not only for more intelligent husiiieSS
procedure among authors, but for more en-
nrhtened view Of the topic among readers III
general We do not fear that the spreau VI
sound ideas in regard TO copyright VIII ever III
commercial
Iettera II is true that the large sums readily
maid to-day for popular fiction have trahsIorHie'
come clever writer's into mercenary hacks pu
good work will always get its true reward en-
riching the author without any sordid compii
cations Mr. BirrelI notes that author viii
q treasured manuscript under his arm Is IN NJ
mood for petty huckstering." Neither Is I'M
honorable publisher Of to-day; and the signs ar
oil IN favor of a better and better adjustment o
tho question Of copyright At present hteraI.
DOWNRIGHT is perpetual in Mexico Guatemala an
, Venezuela The great nations OF the ear'h ar
+ less prodigal in the matter, as we have alread
. indicated; but their laws are now In many III
stances fairly satisfactory. and 1t VIII not
p long before they are more so. our own law
give copyright "for a period or tWehty-e'sn
wears from the date Of publication. and FOR
further reriod Of fourteen years. il at the ex
= niration Of the twenty eight years the author
. stiu living or II there is then still living
= widow or child children Of the author
T. In England the term il FOR life. plus seven years
= or a term Of forty-two years from the date G
' first publication. whichever may prove the Ions
n er. In Spain the term is life and eighty years.
II In France II is life and fifty years.
In Germany it Is life and thirty years.
In Peru it is life and twenty years.
4 In Brazil It is life and ten years.
s In chill Il is life and five years.
a We must note in closing the lively and pleas
ant style in which this book is written. NJ
Birrell treats in spite Of the rigor with whc
n he has cut down his lectures. good many side
10 Of his subject. He deals with the origin
- copyright: he traverses the history OF the sta
, toners Company. noting the important rela
Y ton Of that body 10 the growth OF copyrigf
g. law: he shows the activity Of the earlier Ems
lish booksellers in strengthenine' without meal
ing TO- the authors hands, ne goes into the SUI
iects Of literary larceny. of newspaper cop!
"a right and Of copyright in tites-which does NJ
A. exist-and throughout he adorns his theme Wit