Year: 1871




The literary world in England is just now
deeply engaged debating about the morality of
American spiracy" of English authors works.
So excited have the combatants in the wordy
war become that the London Times has been
obliged to close its columns to further contro-
versy. One lady has been so rudely treated
in the contest that she has invoked the pro-
lection Of the law. We do not care to discuss
whether or not American publishers are justi-
fed in taking advantage of the non-existence
of international copyright laws to use the
labor of foreign authors for their own advan-
tage, without Offering any consideration in
exchange. In the absence of legal right the
question becomes one of personal morality
which each one must decide for himself


Incidentally we shall express our views on
this point further on, but we purpose
examining what interest the American
people have in the continuance of the
present state Of things. If we mistake
not the principal argument put forth by the
opponents of International copyright in this
country is that the existing system secures to
the American people an unlimited supply Of
cheap literature, and so tends to the spread of
education and intelligence. Accepting this
view as correct our legislators have steadily
refused to give legal proprietary rights to
foreign authors. If, on careful examination
and a weighing of all the considerations
involved, it should be found that this view is
correct and that the educational progress of
fho
establishing of international copyright, then
the duty Of Congress is clearly to protect the
interest Of the citizens even at the risk of
inhicting hardships on the foreign authors.
Property has it's sanction in law, and there can
be no violation of right which does not exist.
But are the masses in this country bene-
ited by the non-existence of international
copyright? We think not-and for this
reason-the advantage which would accrue to
q publisher from the enjoyment of an exclu-
sive right to given work would more
than counterbalance the increased cost Of
publication due to the payment of roy
atty. And from this VIZ may conclude that
the American publisher, after paying the
author handsomely, would still be able to sell
as chsapy ag under the present system. We
cannot, therefore, see in what respect the
general public are benefited, while the
| author ia undoubtedly prevented from deriv,
iIs iIs the full reward q big labor j is even
open to question If the present state Of the
law be not unsatisfactory to the
American publisher, who is exposed to
dangerous rivalry which makes every venture
! doubtful. Apart from mere questions of trade
the influence exercised on American literature
by this free importation of foreign works is
decidedly unfavorable; for no publisher
cares to employ American authors while they


can obtain plenty Of foreign matter without
paying for it, and 1t results from this that
native authorship is discouraged. The estab-
lishment of an International copyright would
act as protective tariff on American brain
industry and tend to develop American litera-
ture by giving to our authors something like
fair field. Publishers once forced to pay for
their material would be more select, and we
might hope 10 see the most worthless class OF
English works eliminated, at the same time
that the booksellers would be more disposed
to consider the claims of native literary talent
The result could scarcely fail to be beneficial
to the general interests of literature, by open
ing up wider field to the best class of writers
and making the highest order of literary work
80 much more remunerative. II seems to US,
therefore, that the true interest of the Amerl-
can people would be better served by afford
inn fho full az ion 70 fbnr IN,
every case where reciprocity could be secured.


In most Of the European nations the rights of
authorship are mutually guaranteed, and the
result Is found to be satisfactory.


AS a matter Of abstract justice there can be
no question that the present system Is indefen-
sible and that its supporters must base their
arguments for its continuance on the lower
law of expediency. But it is scarcely becom-
ing the dignity Of great community like the
American nation to infict hardship on individ-
uals for the sake Of trifling advantage. No
doubt In the earlier years Of the republic,
when the community had no literature Of its
own nor the leisure nor wealth necessary to
its cultivation, there was some justification in
the appropriation of foreign literature, because
it was absolutely necessary to the advance Of
education and enlightenment in the nation,
and this vital interest overshadowed all indi-
vidual rights. Besides, our position was a
peculiar one. We marched as the advance
guard of civilization in q new continent, clear
ing the woods and making the roads for the
benefit Of humanity, and it was but just
that those who shared the benefits
of our material labor should contribute in ex-
change something for our intellectual ad-
vantage. For the moment English writers are
the greatest sufferers from the unsatisfactory
state of the law, and therefore the clamor for
a change comes chiefly from them. At the