sures recently adopted for effecting that America would pretend that they were most desirable object-an International justified in seizing on, and appropriating Copyright Law. To show, however, the the worthless paper and print of a single necessity for it in other words than our volume of this work; and yet its literary own, we shall first quote the observations contents, which have cost many hundred of a contemporary.* pounds, are deemed fair spoil, nɔt only in America, but all over the world. "We trust we shall not weary our readers by our endeavours to enforce on pub- "So far, indeed, as France is concerned, lic opinion, and thus rouse a spirit that a literary crisis seems fast approaching. will be heard by the government, the ab- Even now, says M. de Balzac, in an able solute necessity of making an attempt to paper in the Chronique de Paris, ‘books establish an international law of copyright. which under the restoration sold four Surely the fact, that a committee is ac- thousand copies, do not sell more than tually sitting at Paris to consider and re- one thousand, and of those that heretofore port on the subject, and that M. Ancillon, sold one thousand, not three hundred can the Prussian minister, has officially an- be disposed of,'-and why? Because all nounced that his government will second these works are reprinted in Belgium. the efforts of the French ministry, to pre- Germany, England, Ameriea, the Colovent the piracy of French works, ought nies, the whole world, except France itnot to be disregarded. A like communi- | self, (and hundreds of copies are sold even cation from the British government would there,) are thence supplied. We are told be of immense importance at this moment that the trade is so profitable, and carried -not only as giving us a right to have England included in the protecting treaty, should such be concluded, but as strengthening and stimulating the friends of the measure, who are now engaged in the inquiry. And why cannot application be made to the American government, to ascertain its feeling on this important subject? It is utterly impossible that the law can remain as it is. We have now before us a double number of The Philadelphia News, of the 26th of November, containing a verbatim reprint, from title-page to colophon, of Friendship's Offering;' thus, says the editor, giving to the public for four cents, what he could not otherwise procure for less than four dollars! And this, be it observed, is but the first of a series, each to contain an English Annual! We observe too from the advertisements, that eight of Marryat's novels have been republished after this same fashion, and in the same journal. Is it possible, then, we ask, with such a system in vigorous operation, that more than one copy of any popular work can ever again be sold in America? and yet we have known, heretofore, an American bookseller take five hundred copies of a single work. As to retaliation, America can never have literature to retaliate on, while this systematic piracy is tolerated. How could a Philadelphia publisher venture to give three or four hundred pounds for the literary con tents of an original Friendship's Offering,' which he could not sell at a reasonable profit for less than the before-mentioned four dollars, when opposed by those who offer a 'Friendship's Offering' of even higher pretension, and with established prejudices in its favour, at four cents! It certainly is most strange that literary property is the only property which is considered beyond the protection of the law. Neither the government for people of * Athenæum, Jan. 28, 1837. on so extensively, that the Belgian government would not dare to become parties to the treaty. So be it. The contracting powers would of course prohibit the introduction of even a single copy of such pirated edition into their several states: where then are the purchasers to be found? To what extent the English author is injured by the system, is not so directly capable of proof; but a reasonable guess may be made from the fact stated in regard to America,—from a further and important fact, that our colonies are supplied by the Americans; that even the East Indies are stocked full to overflowing with American reprints; and that a Paris edition of an English popular novel is never under fifteen hundred copies,-frequently, as of Mr. Bulwer's novels, the first impression is from four to five thousand, and that of Mrs. Trollope's 'America' not less than from twelve to fifteen thousand were sold! It has been said, that there are difficulties in the way of any general arrangement. We really cannot divine what they are. Let the author, as now, establish his claim to copyright in his own country; let him, at the same time, and prior to publication, deliver at the same office, a copy for each contracting power; and let such copy, with a proper certifidate, be forwarded officially to the several governments, free by post; and, to save expenses, let the affidavit of the officer in whose custody such certificate and copy are deposited, be received as legal proof in each of the several countries. It were not unreasonable, perhaps, to require that two copies should be delivered, and thus an intellectual exchange be made among the different nations, one of them being deposited in the National Public Library. The cost would be trifling, for expensively illustrated works can protect themselves." The authors of England have stood forth nobly in this matter. They have signed and sent over to the Congress of America an address and statement of their grie vance, which must be heard. The follow-] ing is a copy of it: "ADDRESS OF CERTAIN AUTHORS OF GREAT BRITAIN TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED "Respectfully showing, "That Authors of Great Britain have long been exposed to injury in their reputation and property, from the want of a law by which the exclusive right to their respective writings may be secured to them in the United States of America. "That, for want of such law, deep and extensive injuries have, of late, been inflicted on the reputation and property of such authors; and on the interests of Literature and Science, which ought to constitute a bond of union and friendship between the United States and Great Britain. "That, from the circumstance of the English language being common to both nations, the works of British authors are extensively read throughout the United States of America, while the profits arising from the sale of their works may be wholly appropriated by American booksellers, not only without the consent of the authors, but even contrary to their express desire-a grievance under which authors have, at present, no redress. "That the works thus appropriated by American booksellers, are liable to be mutilated and altered, at the pleasure of the said booksellers, or of any other persons who may have an interest in reducing the price of the works, or in conciliating the supposed principles or prejudices of purchasers in the respective Sections of your Union: and that, the names of the authors being retained, they may be made responsible for works which they no longer recognise as their own. That such mutilation and alteration, with the retention of the authors' names, have been, of late, actually perpetrated by citizens of the United States: under which grievance, such authors have, at present, no redress. "That certain of such authors have recently made an effort in defence of their literary reputation and property, by declaring a respectable firm of Publishers in New York to be the sole authorised possessors and issuers of their works; and by publishing in certain American newspapers, their authority to this effect. "That the object of the said authors has been defeated by the act of certain persons, citizens of the United States, who have unjustly published, for their own advantage, the works sought to be thus protected: under which grievance the said authors have, at present, no redress. "That American authors are injured by the non-existence of the desired law. While American Publishers can provide themselves with works for publication by unjust appropriation, instead of by equitable purchase, they are under no inducement to afford to American authors a fair remuneration for their labours: under which grievance American authors have no redress but in sending over their works to England to be published, an expedient which has become an established practice with some, of whom their country has most reason to be proud. "That the American Public is injured by the non-existence of the desired law. The American Public suffers, not only from the discouragement afforded to native authors, as above stated, but from the uncertainty now existing as to whether the books presented to them as the works of British authors, are the actual and complete productions of the writers whose names they bear. "That, in proof of the above, the case of Sir Walter Scott might be referred to, as stated by an esteemed citizen of the United States,* that while the works of this author, dear alike to your country and to ours, were read from Maine to Georgia, from the Atlantic to the Mississippi, he received no remuneration from the American Public for his labours; that an equitable remuneration might have saved his life, and would, at least, have relieved its closing years from the burden of debts and destructive toils. 66 That, deeply impressed with the conviction that the only firm ground of friendship between nations, is a strict regard to simple justice, the undersigned respectfully request the Senate and Representatives of the United States in Congress assembled, speedily to use, in behalf of the authors of Great Britain, their power' of securing to the authors the exclusive right to their respective writings." * Dr. M'Vicar. Vide Letter to the Editor of "New York American," Nov. 19, 1832. LIST OF AUTHORS, WHOSE SIgnatures were attached to THE ADDRESS. Dr. Roget, Miss Edgeworth, Dr. Bostock, Henry Hallam, Esq. T. N. Talfourd, Esq., M.P. Edmund Lodge, Esq. Edward Lytton Bulwer, Esq., M.P. Rev. J. P. Potter, H. F. Chorley, Esq., Rev. Dr. Buckland, Charles Babbage, Esq. Miss Aiken, Dr. Prout, The Countess of Blessington, Miss Joanna Baillie, Rev. W. Kirby, Miss Pardoe, G. Griffin, Esq. Mrs. Marsh, Prince Lucien Buonaparte, Thomas Keightly, Esq. H. D. Bulwer, Esq., M.P. Samuel Rogers, Esq. Rev. Dr. Chalmers, Sir Charles Bell, J. C. Loudon, Esq. Lady Emmeline Wortley, Professor Whewell, Edward Tagart, Esq. R. Murcheson, Esq. Rev. Dr. Vaughan, Rev. G. Skinner, A. Heywood, Esq. The Rev. J. H. Caunter, Robt. Southey, Esq., Poet Laureate, Works. Pleasures of Hope, &c. Geology, &c. Political Economy. The Physical Sciences. Fall of Jerusalem, Hist. of Jews, &c. Tales, Practical Education, &c. Constitutional History of England, Illustrious Portraits, &c. Pelham, Eugene Aram, Athens, &c. World before the Flood, &c. Wood Leighton, &c. Brazil, Chili, and India. Science and Manufactures. Our Village, &c. Court of Queen Elizabeth, &c. Belgic Revolution, &c. Curiosities of Literature, &c. Vivian Grey, &c. Book of Gems. The Buccaneers, Outlaw, &c, Conversations of Lord Byron, &c. Plays of the Passions, &c. Memoirs, written by himself. Pleasures of Memory, &c. Bridgewater Treatise, &c. Bridgewater Treatise, &c. History of the Stuarts, &c. Translator of Faust, &c. Romance of History, India. Thalaba, &c. The Address was presented on the 2d of February, as we learn from "The New York Daily Express," in which it is announced, that "Mr. Clay presented the Memorial of British Authors,* praying for a law to secure the Copyright of Works of British authors. It was signed by the most distinguished living writers, and stated that their works were reprinted and frequently mutilated. He expressed a hope that a law would be passed, tendering to all authors the benefits of a reciprocal copyright. The memorial was ordered to be referred to a select committee of five, to be appointed by the Chair. The Chair then appointed Mr. Clay, Mr. Preston, Mr. Buchannan, Mr. Webster, and Mr. Ewing of Ohio, to be of such Committee. An address from American authors, recommending the passing of such a law, has also been presented." Thus far, then, the question has progressed in America. In France, a commission has been appointed, consisting of Villemain, president, Arago, Victor Hugo, Letrone, Rossi, Lenormant, Thénard, Dubois, Dumont, A. Didot, Gosselin, Ha. chette, H. Royer Collard, and Cavé, who have made the following Report:— "REPORT OF THE COMMISSION CHARGED WITH The abuse of spurious editions, which militates against the interest of English authors in America, is more actively employed in Europe to the detriment of French writers. Every thing has tended to render the spoliation as easy as it is lucrative. Establishments for producing spurious editions have been made beyond the frontier. The low price, rendered possible by their having to pay merely the expense of the materials of printing, has allowed them to supply all the markets in Europe; and, by means of the transit laws, these Belgian editions traverse our terri tory, to reach their markets. The registers of the Customs prove the increase of this trade. Although spurious or foreign editions are prohibited, nevertheless they are enabled to enter the country, owing to the law, which permits return (rentrée) of books printed in France formerly exported. "The report then enumerates the pernicious results to authors, booksellers, and literature in general, of the successful contraband trade. "It then proceeds-'Some members of this Commission thought that spurious editions of scientific and literary works being, even as between nation and nation, an immoral act, and a fraudulent traffic, it should no longer be tolerated amongst Us, and that we ought to take on ourselves immediately, by an absolute prohibition, the defence of foreign interest and the ho"Monsieur le Ministre,-The Commission formed, according to your order of nour of a noble example, at the risk even October last, to examine into the above would thus do for foreign copyright what of not meeting with a return. France subject, has collected facts and documents; and, after prolonged discussion, abolish the injustice in her own terrishe did in the case of the droit d'aubaine has come to several resolutions, which it begs to submit to the attention of the government. Even before its labours were terminated, the Commission could judge of the salutary effect produced even by the knowledge that they were so engaged, and about to affix censure on an abuse daily increasing and unrepressed. A numerous committee of English writers has met, with a similar intention, and has drawn up a request to the American Congress, to obtain a reciprocal guarantee of literary property in the two countries.' This Memorial is probably one of the most valuable collections of English autographs in this country. It is on parchment, and contains the signatures of almost all the distinguished literary men in Great Britain."-New York Express. in foreign countries for her own people; tories, without securing equal advantage could only apply to English literature. and, in fact, such a measure in France But the majority of the Commission was opposed to this vain generosity, preferring to offer reciprocity, and make it a condition of granting protection, that it should be also extended to us. The Commission, therefore, is of opinion, that either in addition to the projected law on literary property, or by a special disposition, it should be enacted, that all works, foreign or many works will come dearer to the readers than they now do, as we shall have to pay the author as well as the publisher. No doubt this is true, and it is equally true that thieving is cheaper than labour; and that of all the modes of living, the + Arguing on the merits of this question, a cor- least expensive is that of living on your neighrespondent in the "Plain Dealer" (American pa- bour. The population along the coast, which exper,) observes," But our system is, as regards literary property, worse than a Droit d'Aubaine, for it enforces against the proprietor himself the same confiscation which the French law only carried into effect against his representatives. Our declaration is to all authors, you shall not bring your property here; aud if you do, any one may plunder you that chooses. The rights which we give our citizens we deny you. "It may be said, perhaps, in argument against the proposed extension of copyrights to foreigners, that ists by the pillage of stranded vessels, must think it monstrous to enforce the rights of the unfortunate wanderer of the sea to his wrecked property. To this pass it seems to have come with us. We are a nation of wreckers. "We are, as regards this subject, behind the whole civilised world. Our law gives its protection solely to the native or resident. The English law gives it to the author, whether native resident or non-resident; and the French law not only to the author himself, but also to his family." French, published abroad for the first time, should not be allowed to be reprinted during the lifetime of the author, or a term regulated by law, without his consent, or that of the person to whom he ceded his rights. in the shutting of French ports against American editions of English works. "It is by a like negotiation and administrative measures, that a useful protection to French literary interests is to be procured in the numerous states of North Germany, where our books are so much in request. These states might grant reciprocity in this respect, especially as many German authors have suffered from reprints of their works in our great frontier towns. "The measures above indicated depend on the consent of foreign powers and chance of negotiation; but there are others which regard the French territory alone, which might be immediately put in execution.' In proposing this, the Commission is aware that it would be disadvantageous to France if the reciprocity was thus limited; for it is not in printing spurious editions of French works, but in buying them, that the English bookselling trade does injury to the French. To prohibit the republication of English modern books in France, is to do injury to many persons settled in France, and to give great advantage to English literary property, for which the French would find no compensation in a similar law promulgated in England. The very unequal price of printing and its materials, in the two countries, explains the difference. The English cannot gain by issuing spurious editions, but they gain by buying them of the Belgians. It is, therefore, from the English Customs that compensation is to be sought. It would be advisable to stipulate for a law or order, that no edition of modern French works should be received into England but the genuine French edition. This alone would deprive the Belgian spoliators of their chief market, and the English publishers would find compensation, not only in the prohibition to re-publish English works in France without consent of the author, but | tions. "The latter recommendations have exclusive reference to internal regulations and the law of transit, and would therefore have no interest for our readers; and the commission concludes with a résumé in the form of special couclusions, which it is needless to repeat." From these statements, therefore, it appears that the precise moment has arrived for the intervention of our Government. We, therefore, if needful, which we do not think it can be, would call for such intervention, that a debt so long due to the commonwealth of literature throughout the world may now be discharged by the amicable and simultaneous consent of all na THE STOIC. YE sons of pride! who with severe control Like lonely meteors through the gloom of light: Say-though ye gaze unmov'd on pleasure's bow'r, What though the world is like the stormy deep, Though desolation, with a demon frown, Some cooling streams with grateful freshness roll, Thus social joys, sweet springs of comfort flow, |
