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SEC. 3.-That at the end of Section 4958 the following clause be inserted :
1. That, by the act of Congress of 1831, being the law now in force regulating copyrights, the benefits of the act are restricted to citizens or residents of the United States; so that no foreigner, residing abroad, can secure a copyright in the United
'Provided, that the charge for recording the title or description of any article entered for copyright, the production of a person not a citi-States for any work of which he is the author,
zen or resident of the United States, shall be one
dollar, to be paid as above into the Treasury of the United States, to defray the expenses of lists of copyrighted articles to be printed by the Secretary of the Treasury, at intervals of not more than a week, for distribution to the collectors of customs of the United States and to the postmasters of all post-offices receiving foreign mails; and such lists shall likewise contain the title or description of all articles on which copyright shall have expired or become void under the proviso of Section 4957; and it is hereby made the duty of the Librarian of Congress to furnish to the Secretary of the Treasury the material for the publication of such weekly lists, for which service he shall be authorized to employ an additional clerk, at a salary of $1200 per annum; and such weekly lists, as they are issued, shall be furnished to all parties desiring them, at a sum not exceeding five dollars per annum; and the Secretary and Postmaster-General are hereby empowered and required to make and enforce such rules and regulations as shall prevent the importation into the United States, except upon the conditions above specified, of all articles copyrighted under this act."
SEC. 4.-That for the purposes of this act each volume of a book in two or more volumes, when such volumes are published separately and the
first one shall not have been issued before this act shall take effect, and each number of a periodical, shall be considered an independent publication subject to the form of copyrighting as above; and the alterations, revisions, and additions made to books by foreign authors, heretofore published, of which new additions shall appear subsequently to the going into effect of this Act, shall be held and deemed capable of being copyrighted as above, unless they form part of a series in course of publication at the time the Act shall take effect.
SEC. 5.-That this act shall go into effect on the first day of July, A.D. 1888.
THE HENRY CLAY COPYRIGHT REPORT.
DURING the second session of the Twenty-fourth Congress, on February 16, 1837, Henry Clay in the Senate made the following report, with Senate bill No. 223:
The select committee to whom was referred the address of certain British, and the petition of certain American authors, have, according to order, had the same under consideration, and beg leave now to report :
however important or valuable it may be. The
object of the address and petition, therefore, is to
remove this restriction as to British authors, and to allow them to enjoy the benefits of our law.
2. That authors and inventors have, according to the practice among civilized nations, a property in the respective productions of their genius, is incontestable; and that this property should be protected as effectually as any other property is, by law, follows as a legitimate consequence. Authors and inventors are among the greatest benefactors of mankind. They are often dependent, exclusively, upon their own mental labors for the means of subsistence; and are frequently, from the nature of their pursuits, or the constitutions of their minds, incapable of applying that provident care to worldly affairs which other classes of society are in the habit of bestowing. These considerations give additional strength to their just title to the protection of the law.
3. It being established that literary property is entitled to legal protection, it results that this protection ought to be afforded wherever the property is situated. A British merchant brings or transand the moment it comes within the jurisdiction mits to the United States a bale of merchandise, of our laws, they throw around it effectual security. But if the work of a British author is brought to the United States, it may be appropriated by compensation whatever being made to the author. any resident here, and republished, without any We should be all shocked if the law tolerated the least invasion of the rights of property in the case of the merchandise, whilst those which justly belong to the works of authors are exposed to daily violation, without the possibility of their invoking the aid of the laws.
4. The committee think that this distinction in the condition of the two descriptions of property is not just, and that it ought to be remedied by some safe and cautious amendment of the law. Already of extending their benefits to foreign inventions the principle has been adopted in the patent laws, or improvements. It is but carrying out the same principle to extend the benefits of our copyright laws to foreign authors. In relation to the subjects of Great Britain and France, it will be but a measure of reciprocal justice; for, in both of those countries, our authors may enjoy that protection of their laws for literary property which is denied to their subjects here.
5. Entertaining these views, the committee have been anxious to devise some measure which, without too great a disturbance of interests, or affecting too seriously arrangements which have grown out of the present state of things, may, without hazard, be subjected to the test of practical experience. Of the works which have heretofore issued from the foreign press, many have been already republished in the United States; others are in a progress of republication, and some probably have been stereotyped. A copyright law which should embrace any of these works, might injuriously affect American publishers, and lead to collision and litigation between them and foreign authors.
6. Acting, then, on the principles of prudence and caution, by which the committee have thought it
the object of the power granted. That object was to promote the progress of science and useful arts. They belong to no particular country, but to mankind generally. And it cannot be doubted that the stimulus which it was intended to give to mind and genius-in other words, the promotion of the progress of science and the arts-will be increased by the motives which the bill offers to the inhabitants of Great Britain and France.
best to be governed, the bill which the committee intend proposing provides that the protection which it secures shall extend to those works only which shall be published after its passage. It is also limited to the subjects of Great Britain and France; among other reasons, because the committee have information that, by their laws, American authors can obtain there protection for their productions, but they have no information that such is the case in any other foreign country. But, in principle, the committee perceive no objection to considering the republic of letters as one great community, and adopting a system of protection for literary propery which should be common to all parts of it. The bill also provides that an American edition of the foreign work, for which an American copyright has been obtained, shall be published within reasonable time.
7. If the bill should pass, its operation in this country would be to leave the public, without any charge for copyright, in the undisturbed possession of all scientific and literary works published prior to its passage-in other words, the great mass of the science and literature of the world; and to entitle the British and French author only to the benefit of copyright in respect to works which may be published subsequent to the passage of the law.
8. The committee cannot anticipate any reasonable or just objection to a measure thus guarded and restricted. It may, indeed, be contended and it is possible that the new work, when charged | with the expense incident to the copyright, may come into the hands of the purchaser at a small advance beyond what would be its price, if there were no such charge; but this is by no means certain. It is, on the contrary, highly probable that, when the American publisher has adequate time to issue carefully an edition of the foreign work, without incurring the extraordinary expense which he now has to sustain to make a hurried publication of it, and to guard himself against dangerous competition, he will be able to bring it into the market as cheaply as if the bill were not to pass. But, if that should not prove to be the case, and if the American reader should have to pay a few cents to compensate the author for composing a work by which he is instructed and profited, would it not be just in itself? Has any reader a right to the use, without remuneration, of intellectual productions which have not yet been brought into existence, but lie buried in the mind of genius? The committee think not; and they believe that no American citizen would not feel it quite as unjust, in reference to future publications, to appropriate to himself their use, without any consideration being paid to their foreign proprietors, as he would to take the bale of merchandise, in the case stated, without paying for it; and he would the more readily make this trifling contribution, when it secured to him, instead of the imperfect and slovenly book now often issued, a neat and valuable work, worthy of preservation.
9. With respect to the constitutional power to pass the proposed bill, the committee entertain no doubt, and Congress, as before stated, has acted on it. The Constitution authorizes Congress, "to promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries." There is no limitation of the power to natives or residents of this country. Such a limitation would have been hostile to
10. The committee conclude by asking leave to introduce the bill which accompanies this report. The following bill accompanied the report : A Bill to amend the act entitled "An Act to amend the several acts respecting copyright.” Be it enacted, etc.
That the provisions of the act to amend the several acts respecting copyrights, which was passed on the third day of February, eighteen hundred and thirty-one, shall be extended to, and the benefits thereof may be enjoyed by, any subject or resident of the United Kingdom of Great Britain and Ireland, or of France, in the same manner as if they were citizens or residents of the United States, upon depositing a printed copy of the title of the book or other work for which a copyright is desired, in the clerk's office of the district court of any district in the United States, and complying with the other requirements of the said act: Provided, That this act shall not apply to any of the works enumerated in the aforesaid act, which shall have been etched or engraved, or printed and published, prior to the passage of this act: And provided, also, That, unless an edition of the work for which it is intended to secure the copyright, shall be printed and published in the United States simultaneously with its issue in the foreign country, or within one month after depositing as aforesaid the title thereof in the clerk's office of the district court, the benefits of copyright hereby allowed shall not be enjoyed as to such work.
THE HAWLEY BILL.
INTRODUCED into the Senate, January, 1885, by Senator J. R. Hawley, of Connecticut, but since abandoned :
Be it enacted, etc.
I. The citizens of foreign States and countries, of which the laws, treaties, or conventions confer or shall hereafter confer upon citizens of the United States rights of copyright equal to those accorded to their own citizens, shall have in the United States rights of copyright equal to those enjoyed by citizens of the United States.
II. This act shall not apply to any book or other subject of copyright published before the date hereof.
III. The laws now in force in regard to copyright shall be applicable to the copyright hereby created, except so far as the said laws are hereinafter amended or repealed.
IV. Section 4971 of the Revised Statutes of the United States is hereby repealed. Section 4954 is amended by striking out the words "and a citizen of the United States or resident therein." Section 4967 is amended by striking out the words if such author or proprietor is a citizen of the United States or resident therein."
V. The proclamation of the President of the United States that such equality of rights exists in any country shall be conclusive proof of such equality.
THE AMERICAN COPYRIGHT LEAGUE.* ITS ORIGIN AND EARLY DAYS. (A letter from Mr. Geo. P. Lathrop.) EARLY in the spring of 1883, I sent out on my own responsibility invitations to a number of American authors to attend a meeting for the formation of an association to agitate in favor of International Copyright. This meeting was held, by the courtesy of Mr. Brander Matthews, at his house in 18th St., New York, April 13, 1883. About a year before, Dr. Edward Eggleston and Mr. R. W. Gilder had drawn up a platform on which they thought authors might unite, but they had never submitted it to discussion. Both these gentlemen were present at the April meeting, together with Prof. E. L. Youmans, Henry James, Jr., George W. Cable, Laurence Hutton, and H. C. Bunner. I was appointed secretary, and the draft of a platform was read. This brought on a lung discussion, in which Mr. James declared that he could take no part in a movement concerning itself with the wrongs of the American author, since he considered that the wrongs of English authors were the only ones needing redress; and he thereupon withdrew from the There was little unity apparent in this first meeting; not because any of us were opposed to international copyright, but because it was difficult, in the first stages, to agree upon a simple statement of the case and the policy to pursue in effecting a reform.
Three days later, Dr. Eggleston and Julian Hawthorne were appointed, with myself, as a committee to draft a new platform; and our report was accepted late in May. Laurence Hutton was appointed Treasurer and I was authorized to form an Executive Committee, which I did forthwith. A meeting at the house of Mr. Thorndike Rice in June further authorized me to secure corresponding members in other cities. During the summer I found myself obliged to carry on the work of correspondence, enrolling members and distributing circulars, unaided; and as the Treasurer was in Europe and the Acting Treasurer inaccessible, I did this at my own expense. Under these circumstances little could be accomplished. Although the Committee met again in August and October, nothing practical was done until after Representative William Dorsheimer had introduced in Congress, in December, 1883, a bill providing for International Copyright, which he had devised of his own motion and without consulting our Committee.
* We present herewith a continuous account of the development of the American [authors'] Copyright League, summarizing its several annual reports, for the benefit of those to whom this Copyright Number of the PUBLISHERS' WEEKLY may come, not previously acquainted with the history of the League. The full report of the first meeting is given, as this gives the cue to the after-development of the League; unfortunately, the later meetings are not so fully reported.-ED. P. W.
We then met, January 10, 1884, at Grace Church Rectory, Dr. Potter presiding, and discussed a report which I presented as chairman of a sub-committee including Hon. John Bigelow and R. W. Gilder, on the various measures proposed for obtaining international copyright by law or treaty. At that time I presented strongly the necessity of considering and coöperating with the book-manufacturing interest in the United States as an interest too large and too vital to be overlooked in any solution of the problem. Believing that most publishers would be found sincerely in favor of justice to foreign authors, provided foreign books should be printed in this country, I urged that such provision should be advocated. Mr. Charles Dudley Warner read an argument in opposition, contending that publishers had nothing to do with the question. My argument was left upon the records, but Mr. Warner's was ordered to be published as the expression of his individual opinion. Unfortunately, as nothing was published to the contrary, his opinion was accepted as the official utterance of the League, and excited much oppo
By the combined exertions of the committee, the League membership was now rapidly increased to about 700, and we decided to support Mr. Dorsheimer's bill with some changes. Messrs. R. W. Gilder and George Walton Green were sent with me to Washington, and we there found the lower house of Congress apparently very favorably disposed at first. In the spring of 1884 the American Copyright League forwarded to Washington a memorial asking Congress to support the Dorsheimer Bill. But the question of manufacture made trouble.
In May our committee resolved to observe a passive attitude with regard to manufacture, if the bill could be carried through with such a clause. The rest is matter of public history. I remained with the Executive Committee, still acting as secretary, until 1885-two years in all-working faithfully to aid in carrying out its aims, but constantly urging that the manufacturing interest should be consulted and provided for. Some of the members regarded the question as purely a moral one, and not as a matter of practical legislative adjustment. They therefore opposed compromise. I asked for a vote of the whole League, which had never been allowed to give its voice; feeling sure then, as I do now, that most authors would favor a printing clause, which cannot injure either foreign or native writers. But this vote was not taken; and, although promised a majority for compromise in the committee, I preferred to resign unless there could be practical unanimity. This I did, after organizing and carrying out with Mrs. Burton N. Harrison the first Authors' Readings, which put the League on a firm financial basis.
GEORGE PARSONS LATHROP.
The Authors' Readings in aid of International Copyright were begun in April, 1885. On the 28th of that month, Mr. G. W. Curtis, who was called to the chair, addressed the meeting; Julian Hawthorne gave readings from his "Saxon Studies," and Will Carleton, W. D. Howells, R. H. Stoddard, Prof. H. H. Boyesen, H. C. Bunner, and F. Hopkinson Smith read from their writings.. On the second afternoon, Bishop H. C. Potter took the chair. John Boyle O'Reilly, W. D. Howells, Rev. H. W. Beecher, Mark Twain, George Parsons Lathrop, and Dr. E. Eggleston read selections from their works. Prof. Carroll read an unpublished story (" The Discourager of Hesitancy ") by Frank R. Stockton; and F. Hopkinson Smith gave some recitations.
In April, 1885, the Executive Committee of the League issued an address to the public in which an effort was made to arouse public opinion in behalf of the Copyright bill to be brought before the Forty-ninth Congress.
THE REORGANIZATION AND FIRST ANNUAL MEETING. On the 7th of November, 1885, about twenty-five men and women, met at the rooms of the Authors' Club, 19 West 24th Street, New York City, to discuss the outlook for the future of international copyright, and to devise plans of action for the American Copyright League.
The gathering was called to order by Mr. G. W. Green, Secretary of the League, who, after the election of Dr. Howard Crosby to the chair, proceeded to inform the meeting of the object of the League in the following words:
"Mr. Chairman, Ladies and Gentlemen: I have prepared no formal report, but it has been suggested to me that, as this is the first meeting which the League has ever held, it would be well to speak to you briefly about the work that has already been done, and the outlook for the future. "About two years ago the American Copyright League was started. Less than a dozen men formed the nucleus of an organization which today numbers nearly 700 members. The first meetings, held in the spring and fall of 1883, were little more than informal conferences, whose members finally resolved themselves into a committee, drafted a platform, and invited others to join. The work was taken up, and since then has gone quietly but steadily on.
"At the very outset the committee recognized the fact that the fight before them was a long fight, and to win it they must first arouse interest in the subject itself, and next convince people that a wrong exists which our Government is bound to redress. It was at once agreed that the membership of the League should be increased as fast as possible. Mr. Lathrop, the then Secretary, immediately set to work and devoted hour after hour, for months at a time, to this task. He wrote quantities of letters, stirring up authors, journalists, and professional men, wherever he could reach them by tongue or pen ; and it is due in great part to his efforts that our rolls contain to-day the name of almost every man of letters in the land.
'In the winter of 1884 a deputation from the League attended at Washington before the Judiciary Committee, to whom the Dorsheimer Copyright Bill had been referred, and urged and secured a favorable report. Owing to the then approaching Presidential campaign, it was found impossible to push that measure through; and since then the crowded condition of the House calendar, and the fact that a quantity of bills of a political nature were ahead of ours, have combined to keep back our bill. As any one familiar with the routine of legislation is aware, a measure like in its character, unless introduced early in the this, which it is our object to keep non-partisan session, has little chance of being reached in regular order, and no chance at all of a preference on the calendar of preferred bills. To-day, howfore. To begin with, the ground is better preever, we stand in a better position than ever bepared. We have upon our rolls, and actively interested in the success of our movement, the heads of well-nigh every university, college, and higher institution of learning in the United States; and I think I may say of the authors on our list and you can hardly name one of importance who is not there-every man stands ready to aid us with his pen when it again becomes necessary to stir public attention through the press. Moreover, the editorial fraternity can help us now as they would not, or could not, two years ago; mainly because by this time their minds are Pretty well settled in our favor-they have had their briefs, so to speak, and are familiar with the arguments of the opposition as they were not when we began this work. This we regard as a most important gain.
Here, then, is where we stand: The authors are with us to a man; the leading journals are on our side. I am informed that a large majority of the newspaper correspondents at Washington are ready to lend their aid; and I hold in my hand the pledge of a Senator of the United States to introduce a copyright bill on the first day of the coming session. Whether or not this particular measure meets your approval is for you to say; but the importance of thus early getting in our work may be judged from his letter. These are his words:
argument and, if I may so speak, education to bring peo"In a matter like this, which requires a good deal of ple to see the justice and value of it, it is well-nigh indispensable to begin very early in the Congress.
Now, if you will see that I am reminded of this matter towards the last of next November, I will introduce the bill on the very first day of the session. It is my purpose to remember it without jogging, but there are so many details to carry in one's mind that I am afraid of myself. Respectfully yours. "J. R. HAWLEY.
"ROBERT U. JOHNSON, Esq., Century Magazine, N. Y.
"So much for what has been done. It seems to us a great advance; and yet I am told that there are those who have already lost heart and fallen by the way, discouraged because the wrong which we organized to redress had not yet been righted. To such we have only to say, that theirs seems to us a strange condition of mind for practical men, and does no credit either to their pluck or their common-sense. We knew when we took hold that we were in for a hard fight; we feel to-day that it may be a long fight; but if I understand the temper of this League, it is a fight in which we have come to stay.'
After the reading of the Treasurer's report, which showed a balance of nearly two thousand
Article I.-This association shall be called the American Copyright League.
Article II.-The object of the American Copyright League shall be to procure the abolition, so far as possible, of all discrimination between the American and the foreign author, and to obtain reforms of American copyright law.
Article III.-Any person may become a member, if approved by the Council, by signing the constitution and paying $2 a year.
Article IV-There shall be an annual meeting of the American Copyright League in the first week of November, at a time and place to be designated by the Council, to hear reports, to elect a Council for the ensuing year, and for the transaction of other business.
Article V.-The government of the League shall be vested in a Council of thirty members, which shall have power: (1). To select from its own number an Executive Committee of five members. (2). To fill vacancies. (3). To elect its own officers, who shall be the officers of the League. (4). To make expenditures for the objects of the League. (5). To call meetings.
Article VI.-This constitution may be amended by a two-thirds vote of those present at a meeting of the League, to be called on request of any five members of the League, or at any annual meeting. But no amendment shall be made, except upon one month's written or printed notice sent to every member of the League. Such notice to be accompanied by a copy of the proposed amendment.
A committee of three, consisting of Mr. Barnard, Prof. Boyesen, and Dr. T. M. Coan, was appointed to make nominations for the Council of the League. The Committee then retired, and afterwards reported the following nominations: The Hon. John Bigelow, Prof. H. W. Boyesen, the Rev. Robert Collyer, Dr. Howard Crosby, R. W. Gilder, George W. Green, Laurence Hutton, Brander Matthews, Assistant Bishop H. E. Potter, Arthur G. Sedgewick, E. C. Stedman, Charles D. Warner, S. L. Clemens, Poultney Bigelow, R. U. Johnson, E. P. Roe, Charles Barnard, T. M. Coan, Col. Thomas W. Knox, Hamilton Mabie, Prof. E. Monroe Smith, Thomas Maitland, Bayard Tuckerman, E. L. Youmans, Dr. Morgan Dix, Henry W. Alden, W. H. Bishop, Mrs. Burton N. Harrison, and Mrs. L. W. Champney. These were elected unanimously.
The meeting then being thrown open to a general discussion of the plan of action and policy of the League, Mr. Charles Dudley Warner made a motion that the League approve and support the Hawley bill, and supported it with the following remarks:
plest form of an offer of international copyright that has been made. Before I came to this meeting I talked to General Hawley about the bill. He said that he was willing to offer it again, and to do all he could to push it through the Senate, unless the League thought, for political reasons, that some other member of the Senate would do better service. He said, further, that the bill, in his judgment, as a legislator and politician, was a very shrewd and wise bill, without any entanglements whatever. He said that whenever any measure, such as we were speaking of at the time, in regard to the tariff or the regulation of manufacture was offered, immediately the whole question of tariff was opened, and the debate widened far beyond any limits which we particularly care for in this bill. I then said to him: But the bill will have opposition in various quarters, such as all similar measures have had—that is, there are certain people who do not want copyright at all, and some will put forward this and that amendment, which is designed to defeat its purpose.' He said: 'That is true;' and then added; ' But it is not best to compromise in advance either in war or theology or politics. It is altogether the best plan to claim, to the extent of your desire in a measure, to put forward your own proposition; and if compromise is to come, let the compromising propositions come from parties who desire them, and they will be made then in a spirit of conciliation;' but it was his very strong counsel-it was not particularly as a copyright man, but from his experience as a legislator-when he advised on no account to begin by offering a compromise measure. I think that our business as a Copyof wisdom. right League has one simple object, which is an act of justice to authors all over the world; and, in the second place, an act of special justice and protection to American authors and encouragement to American literature. Our duty is to present our simple, naked claim; and then, if that claim is to be modified or to be overlaid with other interests, we must, as practical men, accept the best that Congress will do for us."
I think those were words
Mr. Lathrop commented on the motion as follows: With regard to the policy of compromise, I would, of course, rather see a bill like Senator Hawley's carried through just as it is. That having the matter put. But I became convinced seems to be the simplest and most logical way of that certain people worked against that bill, and that of Mr. Dorsheimer last year, because they did not contain any printing clause. The majorbill, they assure us, which will provide for printity of the publishers are willing to support any ing in this country. Some are in favor of total re-manufacture, but the majority seemed to be satisfied with printing. They preferred to choke the bill off before it could come to its passage, which is always an easier and quieter way of working. They took the ground they would oppose every bill in that way unless it incorporated a clause providing for printing books in this country. So it seems to me that, as we have made two efforts on that line, and we find that our opponents will not offer an amendment, but insist upon our meeting them on some middle ground, we ought to consider very carefully whether it is not possible for us to do that. We find, in looking at the copyright laws in other countries, that the rights granted are limited in one way or another; and I think the laws of England are expressly framed to assure manufacture of books there. Its law grants copyright only in