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INTERNATIONAL COPYRIGHT Thabit of bestowing. These considerations LAW.*
give additional strength to their just title
to the protection of the law. From an influential member we have “It being established that literary projust received the REPORT presented to the perty is entitled to legal protection, it reAmerican Congress by the Committee ap- sults that this protection ought to be afpointed to consider the ADDRESS OF CER- forded wherever the property is situated. TAIN AUTHORS OF GREAT BRITAIN, on the A British merchant brings or transmits to subject of the Copyright Law, and we are the United States a bale of merchandise, happy to find that that Address has been and the moment it comes within the jurlsregarded with the attention which its im- diction of our laws, they throw around it portance unquestionably demanded. effectual security. But if the work of a
The Report does honour to the able British Author is brought to the United men from whom it emanates, and we can- States, it may be appropriated by any renot doubt but it will prove the precursor sident here, and republished, without any of an act which will cement the two coun- compensation whatever being made to the tries in an intellectual brotherhood equally author. We should be all shocked if the creditable and beneficial to both. It is as law tolerated the least invasion of the follows:
rights of property, in the case of the merchandise, whilst those which justly belong
to the works of authors are exposed to “IN SENATE OF THE UNITED daily violation, without the possibility of STATES.
their invoking the aid of the laws.
6 The Committee think that this distinc" February 16, 1837. Read, and ordered to be tion in the condition of the two descrip
printed, and that 1000 additional copies be fur- tions of property is not just; and that it bished for the use of the Senate.
ought to be remedied by some safe and
cautious amendment of the law. Already “ Mr. Clay made the following REPORT, the principle has been adopted in the pawith Senate Bill No. 223.
tent laws, of extending their benefits to
foreign inventions or improvements. It "The Select Committee, to whom was re
is but carrying out the same principle to ferred the Address of certain British and
ss of certain British and extend the benefit of our copyright laws the Petition of certain American Authors, I to foreign authors. In relation to the subhave, according to order, had the same liects of Great Britain and France, it will under consideration, and beg leave now be but a measure of reciprocal justice; to report:
for, in both of those countries, our authors
may enjoy that protection of their laws “ That, by the act of Congress of 1831,
for literary property which is denied to being the law now in force regulating co-1 their subjects here." pyrights, the benefits of the act are re
“Entertaining these views, the commitstricted to citizens or residents of the Uni
unitee have been anxious to devise some ted States ; so that no foreigner, residing
measure which, without too great a disabroad, can secure a copyright in the turbance of interests, or affecting too seUnited States for any work of which he riously arrangements which have grown is the author, however important or valua-l out of the present state of things, may, ble it may be. The object of the Address without hazard, be subjected to the test of and Petition, therefore, is to remove this
this practical experience. Of the works which restriction as to British Authors, and to
have heretofore issued from the foreign allow them to enjoy the benefits of our press, many have been already republished law.
in the United States; others are in a “ That authors and inventors have, ac
progress of republication, and some pro cording to the practice among civilised | bably have been stereotyped. A copynations, a property in the respective pro- right law, which should embrace any of ductions of their genius, is incontestable; these works, might injuriously affect and that this property should be protected American publishers, and lead to collias effectually as any other property is, by sion and litigation between them and law, follows as a legitimate consequence. foreign authors. Authors and inventors are among the "Acting, then, on the principles of prugreatest benefactors of mankind. Theydence and caution, by which the commitare often dependent, exclusively, upon tee have thought it best to be governed, their own mental labours for the means of the bill which the committee intend prosubsistence; and are frequently, from the posing, provides that the protection which nature of their pursuits, or the constitu-lit secures, shall extend to those works tions of their minds, incapable of applying only which shall be published after its that provident care to worldly affairs passage. It is also limited to the subjects which other classes of society are in the of Great Britain and France; among
other reasons, because the committee
have information that, by their laws, Continued from p. 241.
American authors can obtain there protection for their productions ; but they | progress of science and useful arts, by have no information that such is the case securing, for limited times, to authors and in any other foreign country. But, in inventors, the exclusive right to their reprinciple, the committee perceive no ob- spective writings and discoveries.". There jection to considering the republic of let- is no limitation of the power to natives or ters as one great community, and adopting residents of this country. Such a limitaa system of protection for literary property tion would have been hostile to the object which should be common to all parts of it. of the power granted. That object was The bill also provides that an American to promote the progress of science and edition of the foreign work, for which an, useful arts: they belong to no particular American copyright has been obtained, country, but to mankind generally. And shall be published within reasonable time. it cannot be doubted that the stimulus
"If the bill should pass, its operation in which it was intended to give to mind and this country would be to leave the public, genius, in other words, the promotion of without any charge for copyright, in the the progress of science and the arts, will undisturbed possession of all scientific be increased by the motives which the bill and literary works published prior to its offers to the inhabitants of Great Britain passage-in other words, the great mass and France. of the science and literature of the world ; « The committee conclude by asking and to entitle the British or French author leave to introduce the bill which accompaonly to the benefit of copyright in respect nies this report. to works which may be published subse- The following is a copy of the Bill. quent to the passage of the law.
“The Committee cannot anticipate any "IN SENATE OF THE UNITED reasonable or just objection to a measure
STATES. thus guarded and restricted. It may, indeed, be contended, and it is possible February 16, 1837.-Mr. Clay, from the that the new work, when charged with select committee, to whom the subject the expense incident to the copyright, was referred, submitted a report, No. may come into the hands of the purchaser 179,) accompanied by the following bill; at a small advance beyond what would be which was read twice, by unanimous its price, if there were no such charge; consent. but this is by no means certain. It is, on " A bill to amend the act entitled 'An act the contrary, highly probable that, when
to amend the several acts respecting the American publisher has adequate time
copyright. to issue carefully an edition of the foreign work, without incurring the extraordinary
“Be it enacted by the Senate and House expense which he now has to sustain to of Representatives of the United States of make a hurried publication of it, and to America, in Congress assembled, That the guard himself against dangerous compe- provisions of the act to amen
provisions of the act to amend the several tition, he will be able to bring it into the acts respecting copyrights, which was market as cheaply as if the bill were not passed on the third day of February, eighto pass. But if that should not prove to teen hundred and thirty-one, shall be exbe the case, and if the American reader tended to, and the benefits thereof may be should have to pay a few cents to compen- enjoyed by, any subject or resident of the sate the author for composing a work by United Kingdom of Great Britain and Irewhich he is instructed and profited, would land, or of France, in the same manner it not be just in itself? Has any reader a as if they were citizens or residents of the right to the use, without remuneration, of United States, upon depositing a printed intellectual productions which have not copy of the title of the book or other work yet been brought into existence, but lie for which a copyright is desired, in the buried in the mind of genius? The Com-clerk's office of the district court of any mittee think not; and they believe that district in the United States, and complyno American citizen would not feel it quite ing with the other requirements of the said as unjust, in reference to future publica- act: Provided, That this act shall not aptions, to appropriate to himself their use. I ply to any of the works enumerated in the without any consideration being paid to aforesaid act, which shall have been etched their foreign proprietors, as he would to or engraved, or printed and published, take the bale of merchandise, in the case prior to the passage of this act: And prostated, without paying for it; and he would vided, also, That, unless an edition of the the more readily make this trifling contri- work for which it is intended to secure the bution, when it secured to him, instead of copyright, shall be printed and published the imperfect and slovenly book now often in the United States simultaneously with issued, a neat and valuable work, worthy its issue in the foreign country, or within of preservation.
one month after depositing as aforesaid “With respect to the constitutional pow- the title thereof in the clerk's office of the er to pass the proposed bill, the committee district court, the benefits of copyright entertain no doubt, and Congress, as be- hereby allowed shall not be enjoyed as to fore stated, has acted on it. The consti- such work. tution authorizes Congress 'to promote the The subject has been warmly discussed in several of the American papers. Those “What is the copyright, as the law conwho have so largely profited by the sys- firms it, or we claim it? A right to ideas? tem of spoliation hitherto prevailing, have I do not so understand it. Two persons of course endeavoured to prove its pro- attend an exploring expedition, and one priety; some in their zeal have even gone describes, on his return, the events of the so far as to assert, that because the thoughts voyage, the countries, nations, and objects that occur to one person may occur to any discovered; yet his companion has an inother person, therefore there can be no disputable right to give his own account such thing as copyright as a natural right. of the same subject, and violates no law This was, we believe, pretty nearly the po- or legal privilege. Two, or fifty, histosition of the “ Plaindealer," an ably con- rians select the life of Alexander for their ducted American paper; but it has begun subject. They may all describe the pasto see its error, and has had the candour sage of the Granicus, the destruction of to confess it. From the No. for Feb. 25, Tyre, the founding of Alexandria, and, in which lies before us, we extract the fol- short, every action of their hero, and still lowing:
| there is no infringement of their respective “We have provoked such odds against domains. Two philosophers, or theolous in the contest on the subject of the right gians, or lawyers, may discuss the same of property in intellectual productions, that questions of metaphysics, or ethics, or law, we do not know but that it would be the and advance, too, the same arguments; better part of valour' to quit the field in- and there may be no violation of a copycontinently. There is one motive, how- right. What then is a copyright? A right ever, which might not be without some merely to the peculiar expression of ideas weight with us, to persist in the contro- which the author has used; a right which versy, even after being convinced we had nature has invested with an individuality espoused the wrong side. If our doing so never to be mistaken, and to which natuwould continue to draw such writers intoral taste attaches an inappreciable value. the field as we have heretofore had to con- “It is never to be mistaken. The vatend with, we should not be without excuse, riety which pervades all nature, which is as their forcible reasoning and perspicu- seen in every blade of grass, and which ous style would far more than counter-makes one star to differ from another star poise the influence of our erroneous opi- in glory, stamps every production of man nions, exert what ingenuity we might to with the idiosyncrasy of its author. Two establish them.
painters may select for a portrait the same “ But we choose to deal ingenuously features, and bestow on them equal labour, with our readers. We took up arms to under equal opportunities; and we pass battle for the truth, and shall lay them the work of one without interest, to stand down the moment we find we have inad- entranced before the canvas of the other, vertently engaged on the side of her ad- where 'expression pours its kindling maversaries. That we are shaken in the gic. So too there is no subject (unless opinions we have heretofore expressed, possibly in geometry or mathematics) on we freely admit. The idiosyncracies of which two writers can employ themselves, style, to use the term aptly employed in without their productions being distinthe eloquent communication annexed, are guished from each other by a decided pemarked with such distinctness, that a bare culiarity; and it is this peculiarity alone phrase of three or four words, from a wri- which is the object of copyright." ter of admitted genius, is often so cha
* * * * racteristic and peculiar, as to indicate its "I reassert then, in conclusion, that all source at once, even to those who have no we ask to be secured by a copyright, and recollection of its origin, but who judge all the law does secure in a copyright, is of it as a connoisseur does of a painting. the writer's own peculiar mode of expres
"How far this peculiar mode of expres- sion-meaning by this, of course, the strucsion can be considered property, on the ture of his work, the sequence of his reprinciples of natural justice, is the ques-marks, and above all, his language and tion in dispute. We are not entirely con- style. Leave to genius only the results of vinced that we have taken wrong ground its communicable power, which defy imitaon this subject; yet we, by no means, feel tion, in a painting of Raphael, or a drama so confident of the correctness of our opi- of Shakspeare, or a romance of Scott nions as we did when we put them forth. leave but that, and the author asks no more. One thing seems to us, and has all along seemed, very clear: if the author has a
“ BIBLIOPOLE." natural right of property in the products It is clear that what is here so justly of his intellectual labour, it ought to be claimed can only be secured to the author acknowledged as extensively as the capi- by his being reinstated in the unrestricted talist's right of property in his money, or possession of his own work, so that he the merchant's in his goods. It is a com- may no longer either be deprived of his mon-law right, not a right by statute, mau- just reward, or made to say or not to say gre all decisions to the contrary,"
what he never intended, according to the We annex the cogent article of our cor pleasure of those who may stamp hls respondent.
name on a publication over which he has VOL. III.
no control, and in which he can have no that its annals do, in fact, record the causes participation.
of all the great struggles sustained by the nation, for whose instruction it was designed. When Charles IV. had founded this great institution, it became the central point in the countries of northern Europe,
which borrowed and reflected the light TO A LADY
already glowing over Italy. It attracted
at its very origin, the notice of those great “ Aotepas elo alpers, aorno eros, ade yevouumo."-K. 7.d. men of the fourteenth century, who were
the heralds and the fathers of art and phiThe stars aloof with eager gaze, losophy in Europe. It grew to be the rival My soul's loved star! thine eye surveys of the schools of Paris, Oxford, and Italy, Oh, that I were the spangled skies from which it had been imitated; and To doat on thee with countless eyes ! within a little more than fifty years from Plato ex Laërtio its foundation, the dissensions of its mem
bers served to throw out those vigorous offsets, which strengthened the infant University of Cracow, and founded the first
academies in Germany. SKETCHES OF BOHEMIA, AND
As early as 1220, Pope Honorius III. THE SLAVONIAN PROVINCES had admonished the prelates and chapOF THE AUSTRIAN EMPIRE.*
ters of Christendom of the necessity of
establishing high public schools, in the BY HENRY REEVE, ESQ.
great sees and cities of their various
countries. In Italy ten universities sprang III.-THE UNIVERSITY OF PRAGUE. up in the fourteenth century, those of Pa
ris and Oxford collected crowds of stuThe two great edifices in the Altstadt, dents from all parts of Europe. But it which now contain all that still exists of was not till 1348-one year after Charles the University of Prague, were both erect. IV. had ascended the throne of Bohemia ed in their present form by the Jesuits of-that a university was established in the seventeenth century. The building Prague to be the school of central Europe, which is still called the Carolinum, after and more especially of the Slavonian peoCharles IV., the founder of the university, ple; to the end, as Charles expressed it in was the seat of that high school at a much the deed of foundation, “That his subjects earlier period, but the monuments and or- I should no longer be obliged to satisfy their naments coeval with its origin, have been ceaseless cravings for the fruits of knowsuperseded by the architecture of its new ledge, like beggars, in foreign lands." masters, by whom it was restored in 1744. The benefits of the institution were speediThe more vast and magnificent edifice, ly felt in the city, which was thronged called the Clementinum, was built for the with students from all the adjacent counJesuits in 1653, by the Emperor Ferdinand tries. The masters and scholars were III. The site upon which it stands, was divided into four nations: the Bohemians, previously occupied by the church of St. including the Moravians, Hungarians, and Clement, (whence its name is derived,) Slavonians; the Bavarians, comprising besides two other churches, a Dominican the Austrians, Franconians, and Suaconvent, and several houses, gardens, bians; the Saxons, with the Danes and streets, and squares. This immense area
Swedes; and the Poles, including the is covered with halls of the richest Italian Russians and Lithuanians. The Univerarchitecture, in which the libraries, cabi-sity was possessed of eight endowed colnets, and scientific collections are deposi- leges, exactly similar to those still existing ted; and although the great Order, to in Oxford and Cambridge. These colleges whose labours this splendid habitation was had separate fellowships for the masters dedicated, has long disappeared from the in theology, and fellowships or bursaries scene of its power, whilst the Carolinum for the poor students. The Collegium is exclusively devoted to medical, legal, and Magnum was endowed by Charles in 1366, scientific instruction, the higher branches with fellowships for twelve masters of arts, of philosophical and theological learning of whom one was to expound the Scripare still taught in the Clementinum-the tures and another the Book of Proverbs. great seminary of Bohemia.
The Collegium Reginæ Hedvigis was enThe University of Prague is so inti-dowed by that admirable Queen Hedwige mately connected with the revolutions and of Poland, who had already founded the persecutions of the country, and the fate Jagellonian University at Cracow, where, of Bohemia has, at all times, been so before these sketches are concluded, we strongly influenced by the opinions ori- shall retrace some monuments of her ginating and professed within those walls, saint-like beneficence, and her early but
unforgotten tomb. The College of the
Apostles was endowed in 1451 for the ex* Continued from p. 211.
press purpose of maintaining students,
who should take upon themselves the en- | The head and representative of the truly gagement of spreading to the utmost of popular party in the wars of the fifteenth their power those Compactata Basiliensia, century was Zizka: his undaunted couby which the Council of Basle had granted rage, his iron constitution, and his lawless the sacramental cup to the laity of the Bo-character, fitted him to be the chief of a hemian church. The original constitution band of robbers; but his religious fanatiof the University had, with extraordinary cism, and the awakened energy of his liberality, granted an equal voice in its countrymen, made him the leader of a senate to each of the four nations of which great national army, which measured its it was composed; whereas in the Univer- strength with the chivalry of the empire, sity of Paris, the French nation had three hard by the walls of Prague, on that steep votes, and the other nations had only one knoll which still bears his name.* The between them. The consequence of this character of Zizka may be compared to regulation was, that the Germans and that of Balfour of Burley; the men he led strangers outvoted the Bohemians in the had the same ascetic piety, and the same university, as they already did in the cor-grotesque pretensions to the manners of poration of the city. In 1408, John Huss, the children of Israel, which characterised who had already distinguished himself by the English and Scotch Puritans two centhe bold eloquence of his preaching, and turies later. Like them, he broke the traby his lessons in the schools, excited his dition of all constituted powers; and in countrymen to deprive the foreigners of the name of a principle of freedom long this preponderance. The measure was unknown, he protested with all-enduring national and popular; it was followed by energy, and fought, with barbarous fanaa secession of no less than thirty-six thou- ticism, against the abuses of feudal and sand students (according to Æneas Syl-ecclesiastical authority. vius) who repaired to Leipzic, Ingold- During these wars of the Hussites, the stadt, and Cracow, where they speedily University most frequently performed the formed schools of their own; and John appropriate part of a mediator; whilst it Huss was elected Rector of the University defended the liberties which it had obtainof Prague. From that hour the Carolinum ed, it moderated and even combated the became the seat of those schismatical excesses of the puritanical party. Under doctrines, which had already begun to the reign of George of Podiebrad (1458– sever Bohemia from the pale of the Catho- 1471) it supported with success the just lic church; and the heresies which brought and temperate policy of the government. Huss and Jerome to the stake at Con- But the effect of this period of disorder stance, were defended for ages in the halls was fatal to the cultivation of letters; and and churches where they had first been a century later, in 1527, the acts of the taught. The scholastic dispute of the University itself declare that, “the youth Realists and the Nominalists, and the na- of these modern times, being badly brought tional animosity of the Bohemians and up by bad men, are rarely found to thirst their neighbours, envenomed the quarrel; for the fountain of sacred philosophy; that for it is worthy of remark, that, whilst the all philosophers are exposed to be laughed reformers in Germany, from Occam to at; and that it seems to be commonly beLuther, were violent Nominalists, Huss and the Bohemian schoolmen upheld the higher and more speculative principles of the Realists.
The name of Zizka is still popular in Bohemia, But although the watch-word of this
and the tradılions of his physical strength are pro
verbial. There is an old oak not far from Prague, great revolution had been given from the
under which he is said to have slept the night before chair of the University, the changes which his battle with the Emperor Sigismund ; and it is it portended speedily assumed a political customary for the young blacksmiths of the city to character, and were driven to their most gather a bough from this tree, which is believed to remote consequences by political agents.* impart the sinewy virtues of the great chieftain to
the men of the anvil. A portrait of Zizka exists in the convent of Strahow, and although it has been
cruelly retouched, the muscular features, and the gi* “ Admiranda sunt quæ temptestate nostra intergantic' hand with which he grasps his spiked mace, Bohemos emersere, sive pacem, sive bellum recen- I probably preserve some likeness to the person of the seas. Nec mea sentensiâ regnum ullum est, in quo Bohemian Sampson. Zizka was a Bohemian noble. ævo nostro, tot mutationes, tot bella, tot strages, man; his real name was John Chwal, of Trocznow tot miracula emerserint, quo Bohemia nobis os- and Machowitz; but in his great victory over the tendit.” Such was the language of Pius II., Teutonic Order in 1410, he lost an eye, from which (Eneas Sylvius,) a man certainly inferior to few of he was ever after called Zizka, or the one-eyed. In those who have occupied the highest station in Chris. the course of his wars he lost the other eye ; but he tendom, and to none of his contemporaries ; but continued, like King John of Bohemia, to fight, and who did not think it beneath his dignity to write the even to conduct successful campaigns in total blindhistory of the Bohemian people, amongst whom he ness. With a ferocity worthy of Attila, he left his had had opportunities for discerning those principles skin to be made into a drum to frighten his enemies of civil and religious liberty, and that energy in the after his death ; but as he died of the plague in defence of them, which augured great and sure 1424, this savage bequest was probably not attend. changes in Europe.