COPYRIGHT mention with Great Britain, concluded on 24th April 1893. The notable absentees among European powers are Holland and Russia. The basis of the Bern Convention was that authors of any of the countries of the Union, or the publishers of works first published in one of them, should •enjoy in each of the other countries of the Union the same rights as the law of that country granted to native authors. The only conditions were that the work should comply with the necessary formalities, such as registration, in the country where it was first published, in which case it was exempt from all such formalities elsewhere; and that the protection required from any country should not exceed that given in the country of origin. The rights conferred included the sole right of making a translation of the work for ten years from its first publication. The Convention was retrospective; that is to say, it applied to copyright works published before its coming into existence, each country being allowed to protect vested interests, or copies already made by others, as it should think best. The rights of foreign authors in Great Britain rest on legislation giving effect to the Bern Convention, namely, the International Copyright Act of 1886 (49 and 50 Viet, c. 33), and an Order in Council made under that Act, dated 28th November 1887. These confer on the author or publisher of a work of literature or art first published in •one of the countries which are parties to the Convention, after compliance with the formalities necessary there, the same rights as if the work had been first published in the United Kingdom, provided that those rights are not greater than those enjoyed in the foreign country. The rights of British authors in foreign countries rest in each country on the domestic legislation by which the particular country has given effect to its promise contained in the Bern Convention, and are enforced by the courts of that country. The Bern Convention was revised in minor details not affecting its broad principles by a conference meeting in Paris, and Great Britain adopted the results of their labours by an Order in Council dated 7th March 1898. Authorities.—Birrell, A. Copyright in Books. London, 1899. —Cohen, B. A. Law of Copyright. London, 1896.—Edmunds, L. Copyright in Designs. London, 1895.—Knox and Hind. Copyright in Designs. London, 1899.—Scrutton, T. E. Law of Copyright, third edition. London, 1896. (t. E. S.) American Copyright. An Act of the United States, known as the Act of March 1891, which replaced the Act of July 1870, and which is
- still in force, constituted the most important modification
in copyright law since the original Act of 1790. Under all Acts preceding it, copyright had been granted to “ citizens or residents of the United States,” the term “resident” having been, in decisions prior to 1891, construed to mean ■a person domiciled in the United States with the intention of making there his permanent abode. The works of foreigners could thus be reproduced without authorization, and they were so reproduced in so far as there was prospect of financial gain. The leading publishers, however, had from the earliest times made terms with British authors, or with their representatives, the British publishers, for producing authorized American editions. But at most they were only able to secure by this means an advantage of a few weeks’ priority over the unauthorized editions, and the good-will of the conscientious buyer; so that if they paid the author any considerable sum, the price of the authorized editions had to be made so high that it was not easy to secure a remunerative sale. The unauthorized editions had the further advantage in competition, that for the purpose of being manufactured more
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promptly and more economically, they could be and often were issued in an abbreviated and garbled form, an injury which to not a few writers seemed more grievous than the lack of pecuniary profit. In Great Britain, during the first half of the 19th century the copyright law had been so interpreted as to secure recognition of the rights of American authors for such works as were produced there not later than in any other country, so that authors like Washington Irving and Fenimore Cooper secured for a time satisfactory returns; but after 1850 the conditions became the same as in the United States. Unauthorized editions were published, and were often incomplete and garbled. As from decade to decade the books produced on either side of the Atlantic, which possessed interest for readers of the other side, increased in quantity and in importance, the evil of these unrestricted piracies increased. The injury to British authors was greater only in proportion as the English books were more numerous. The pressure from Great Britain during the last half of the 19th century for international copyright was continuous; and in America it was recognized by authors, by representative publishers, and by the more intelligent people everywhere, that the existing conditions were of material disadvantage. The loss to American authors was direct; and the loss to legitimate American publishers was also clear, in that better returns could be secured by adequate payments for rights that could be protected by law than by “ courtesy ” payments for authorizations that carried no legal rights. An injury was being done to American literature; for, when authorized editions of American works had to compete against unauthorized and more cheaply produced editions of English works, the business incentive for literary production was seriously lessened. In fiction particularly, authors had to contend against a flood of cheaply produced editions of “ appropriated ” English books. Equally to be condemned were the ethics of a relation under which one class of property could be appropriated while other classes secured legal protection. On these several grounds efforts had long been made to secure international copyright. Between 1843 and 1886 no less than eleven international copyright Bills were drafted, for the most part at the instance of the copyright associations or copyright leagues. They were one after the other killed in committee. In 1886 the twelfth international copyright Bill was brought before the Senate by Senator Jonathan Chace of Rhode Island, and was referred to the Committee on Patents. In 1887 the American Publishers’ Copyright League (succeeding the earlier American Publishers’Associations) was organized, with William H. Appleton as president, and G. H. Putnam as secretary. The Executive Committee of this league formed, with a similar committee of the Authors’ Copyright League, a Conference Committee, under the direction of which the campaign for copyright was continued until the passage of the Act of March 1891. Of the Authors’ Copyright League James Russell Lowell was the first president, being succeeded by Edmund Clarence Stedman. The secretary during the active work of the League was Mr Robert U. Johnson. Under the initiative of the Conference Committee copyright leagues were organized in Boston, Chicago, St Louis, Cincinnati, Minneapolis, Denver, Colorado City, and other places. The Chace Bill was introduced in the House in March 1888. In May 1890 this Bill, with certain modifications, came before the House, and was there defeated. In March 1891 the same measure, with certain further modifications, secured a favourable vote in the House during the last hour of the last day of the session, was passed by the Senate, and was promptly signed by President Harrison. Thus, after a struggle extending over fifty-three years, the United States accepted the principle of international copyright. S. HI. — 31
