erally include a proviso that duties on books, etc., imported into the treaty country shall not be above a stated sum. In the case of France there is to be no duty either way.

The British Copyright Commission have proposed that registration and deposit in London shall not be necessary, but that a copy of entry in any foreign register, attested by a British consular agent, shall be prima facie evidence of title; and that the right to translate shall in any case abide with the author for three years, and if within that time an authorized translation be published, it shall be copyright for ten years.

France, by the decree of 1852, protects works published abroad without regard to reciprocity, providing the formalities of deposit are complied with previous to a suit for infringement; but it also has treaties with several nations. In none of them, except those with England and Spain, is deposit required in the foreign country, and four of the countries which require registration permit that it shall be performed at their legations in Paris.

A curious outcome results from the wording of the Anglo-French treaty taken in connection with French law. Any foreign work being entitled by the latter to copyright on publication and deposit in France, and British protection being assured by treaty to all works copyrighted in France and properly registered and deposited in England, it seems to follow that an American, for instance, by obtaining French copyright under French law can obtain English copyright under the Anglo-French treaty. This might hold in the case of books already published in America and not first published in England.

Germany extends copyright privileges to foreign works issued by publishers having a place of business or branch office in Germany, without regard to reciprocity. Otherwise the rights of foreign authors are regulated by the several treaties in force with other nations.

In Belgium and Holland the law protecting works published and printed in the country, on deposit of certified copies, seems to cover books by foreign authors. Belgium has definite treaties with Great Britain, France, Germany, Holland, Spain, Portugal, Italy, Switzerland, and Russia, guaranteeing to their citizens the rights of Belgian subjects, with reciprocal provisions. The law proposed extends its privileges alike to native and foreign authors, but to the latter for no longer than the term of copyright in their country.

In Norway and Sweden the domestic law provides for its extension to citizens of other countries, on condition of reciprocity. In Sweden every anonymous or pseudonymous book is considered as of Swedish authorship in default of proof to the contrary.

Spain bases international copyright on "complete reciprocity between the two contracting powers," each of which shall treat the other as "the most favored nation," and does not require the fulfilling of any formality. It thus extends the protection of its domestic law to subjects of any foreign State whose law recognizes the right of intellectual property, and it has treaties with Great Britain, France, Belgium, Holland, Portugal, and Italy. Under Spanish law, it is stated, the foreign proprietor can exercise his right of property in Spain in accordance with the laws of his own country.

Portugal gives protection to foreigners on condition of reciprocity. Italy, Austria, and Russia have copyright treaties with other countries. Greece protects foreigners for fifteen years, on condition of reciprocity. Switzerland offers treaty protection to citizens of "foreign States who exercise reciprocity, and who by moderate duties on the production of Swiss literature and art facilitate their sale;" but such treaties are binding only in the cantons which agree to them.

At the time of the Universal Exposition in Paris in 1878, the French Société des Gens de Lettres issued invitations for an International Literary Congress, which was held in Paris, under the presidency of Victor Hugo, commencing June 4, 1878. From this came the International Literary Association, which held subsequent Congresses at London in 1879, at Lisbon in 1880, at Vienna in 1881, at Rome in 1882, at Amsterdam in 1883, at Brussels in 1884, and at Antwerp in 1885, at which the extension of international copyright was discussed and advocated.

The Congress at Antwerp, in 1885, ratified the following proposition: "The author's right in his work constitutes an inherent right of property. The law does not create, but merely regulates it."

Partly at the initiation of this Association, and at the invitation of the Swiss Government, semiofficial conferences of representatives of the several nations were held at Berne in September, 1883, and September, 1884. At the first of these, the following draft, submitted by the International Literary Association, was substan

tially adopted as the basis for a general convention of civilized nations :

1. The authors of literary or artistic works published, represented, or executed in one of the contracting States, shall enjoy, upon the sole condition of accomplishing the formalities required by the laws of that State, the same rights for the protection of their works in the other States of the Union, whatever the nationality of the authors may be, as are enjoyed by natives of the States.

2. The term literary or artistic works comprises books, pamphlets, and all other writings; dramatic and dramatico-musical works; musical compositions, with or without words, and arrangements of music; drawings, paintings, sculptures, engravings, lithographs, maps, plans, scientific sketches, and generally all other literary, artistic, and scientific works whatsoever, which may be published by any system of impression or reproduction whatsoever. 3. The rights of authors extend to manuscript or unpublished works.

4. The legal representatives and assignees of authors shall enjoy in all respects the same rights as are awarded by this convention to authors themselves.

5. The subjects of one of the contracting States shall enjoy in all the other States of the Union during the subsistence of their rights in their original works the exclusive right of translation. This right comprises the right of publication, representation, or execution.

6. Authorized translations are protected in the same manner as original works. When the translation is of a work which has become public property, the translator cannot prevent the work from being translated by others.

7. In the case of the infringement of the above provisions, the courts having jurisdiction will apply the laws enacted by their respective legislatures, just as if the infringement had been committed to the prejudice of a native. Adaptation shall be considered piracy, and treated in the same

manner.

8. This convention applies to all works that have not yet become public property in the country in which they were first published at the time of coming into force of the convention.

9. The States of the Union reserve to themselves the right of entering into separate agreements among themselves for the protection of literary or artistic works, provided that such agreements are not contrary to any of the provisions of the present convention.

10. A Central International Office shall be established, at which shall be deposited by the Governments of the States of the Union the laws, decrees, and regulations af

fecting the rights of authors which have already been or shall hereafter be promulgated in any of the said Governments. This office shall collect the laws, etc., and publish a periodical print in the French language, in which shall be contained all the documents and information necessary to be made known to the parties interested.

At the 1884 Conference the draft was modified to the following:

1. Authors placing themselves within the jurisdiction of the contracting countries will be afforded protection for their works, whether in print or manuscript, and will have all the advantages of the laws of the different nations embraced in the Union.

2. These privileges will be dependent upon the carrying out of the conditions and formalities prescribed by the legislation of the author's native country, or of the country in which he chooses to first publish his work, such country being, of course, one of those included in the convention.

3. These stipulations apply alike to editors and authors of literary works, as well as to works of art published or created in any country of the Union.

4. Authors within the jurisdiction of the Union will enjoy in all the countries the exclusive rights of translation of their works during a period of ten years after publication in any one country of the Union of an authorized translation.

5. It is proposed that it shall be made legal to publish extracts from works which have appeared in any country of the Union, provided that such publications are adapted for teaching or have a scientific character. The reciprocal publication of books composed of fragments of various authors will also be permitted. It will be an indispensable condition, however, that the source of such extracts shall at all times be acknowledged.

6. On the other hand, it will be unlawful to publish, without special permission of the holder of the copyright, any piece of music, in any collection of music used in musical academies.

7. The rights of protection accorded to musical works will prohibit arrangements of music containing fragments from other composers, unless the consent of such composer be first obtained.

This is to form the basis of a proposed International Copyright Union, similar to the Postal Union, and steps have already been taken in Great Britain to amend the English law to permit association with it.

X.

SIMULTANEOUSLY with the earliest legislation for international copyright among European states, there was a movement in the same direction in the United States. In February, 1837, Henry Clay presented to the Senate a petition of British authors asking for copyright privileges in this country. It was referred to a select committee, whose members were Clay, Webster, Buchanan, Preston, and Ewing, which reported favorably a bill for international copyright. The report took high ground in favor of the rights of authors:

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. . . . 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. We should be all shocked if the law tolerated the least invasion of the rights of property, in the case of merchandise, whilst those that justly belong to the works of authors are exposed to daily violation, without the possibility of their invoking the aid of the laws."

No action was taken on this report, nor on an invitation extended by Lord Palmerston the succeeding year, 1838, for the co-operation of the American Government in an international copyright arrangement.

Mr. George P. Putnam, himself a publisher, revived the question in 1840, in a pamphlet prepared by him and by Dr. Francis Lieber, "An Argument in behalf of International Copyright," said to be the first publication on this subject in this country. In 1843 he procured the signa

In 1853 Edward Everett, then Secretary of State, negotiated through the American Minister in London, John F. Crampton, a treaty providing simply that authors, etc. entitled to copyright in one country should be entitled to it in the other, on the same conditions and for the same term. The Committee on Foreign Relations of the Senate reported the Everett treaty favorably, but it was tabled in Committee of the Whole. Five New York publishers addressed a letter to Mr. Everett, supporting a convention, providing the work should be registered in the United States before publication abroad, issued here within thirty days after publication abroad, and wholly manufactured in this country. It was in this year that Henry C. Carey published his famous Letters on International Copyright," in which he held that ideas are the common property of society, and that copyright is therefore indefensible. In 1858 Mr. Morris, of Pennsylvania, introduced into the House a bill on the basis of remanufacture by an American publisher within thirty days of publication abroad, but it does not seem to have been considered.

The matter slumbered until 1868-after Mr. Dickens's second visit in 1867-when a com

mittee consisting of George P. Putnam, S. Irenæus Prime, Henry Ivison, James Parton, and Egbert Hazard, issued an appeal for "Justice to Authors and Artists," calling a meeting, which was held under the presidency of W. C. Bryant, April 9th, 1868. A Copyright Association was then organized, with Mr. Bryant as President and E. C. Stedman as Secretary, whose primary object was "to promote the en actment of a just and suitable international copyright law for the benefit of authors and artists in all parts of the world." A memorial to Congress, asking early attention for a bill "to secure in all parts of the world the right of authors," but making no recommendations in detail, was signed by one hundred and fifty-three persons, including one hundred and one authors and nineteen publishers. A bill was introduced in the House this same year by J. D. Baldwin, of Massachusetts, which provided for copyright on foreign books wholly manufactured here and published by an American citizen. This was reported favorably by the Library Committee, which said: We are fully persuaded that it is not only expedient, but in a high degree important, to the United States to establish such international copyright laws as will protect the rights of American authors in foreign countries and give similar protection to foreign authors in this country. It would be an act of national honor and justice in which we should find that justice is the wisest policy for nations and brings the richest reward." The bill was, however, recommitted and never more heard of.

In 1870 what has since been known as the Clarendon treaty was proposed to the American Government by Lord Clarendon on behalf of the British Government, through Sir Edward Thornton, then British Minister at Washington. This was modelled on the treaties existing between Great Britain and other European nations, and provided that an author of either country should have full protection in the other country to the extent of its domestic law, on the sole condition of registration and deposit in the other country within three months after its first publication in the country in which it first appeared, the convention to continue in force for five years, and thence from year to year, unless twelve months' notice of termination were given. This was criticised (in Messrs. Harper's letter of November 25th, 1878) as a scheme "more in the interest of British publishers than either of British or American authors," on the ground that British

publishers would secure American with British copyright, and give no opportunity to American houses to issue works of English authors.

The next year the following resolution, offered by Mr. S. S. Cox, was passed by the House, December 18th, 1871:

"Resolved, That the Committee on the Library be directed to consider the question of an international copyright, and to report to this House what, in their judgment, would be the wisest plan, by treaty or law, to secure the property of authors in their works, without injury to other rights and interests; and if in their opinion Congressional legislation is the best, that they report a bill for that purpose."

Mr. Cox had himself presented, December 6th, 1871, a bill for international copyright on a basis of reciprocity, providing foreign works should be wholly manufactured in the United States and published by American citizens, and be registered, deposited, and arrangements for such publication made within three months of first publication in the foreign country. This bill was supported in Committee of the Whole by speeches from Mr. Archer, of Maryland, and Mr. Storm, of Pennsylvania, but opposed by Mr. Kelley, of Pennsylvania, who presented the following resolution:

"Whereas, It is expedient to facilitate the reproduction here of foreign works of a higher character than that of those now generally reprinted in this country; and whereas it is in like manner desirable to facilitate the reproduction abroad of the works of our own authors; and whereas the grant of monopoly privileges, in case of reproduction here or elsewhere must tend greatly to increase the cost of books, to limit their circulation, and to increase the already existing obstacles to the dissemination of knowledge: Therefore,

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Resolved, That the joint Committee on the Library be and it hereby is instructed to inquire into the practicability of arrangements by means of which such reproduction, both here and abroad, may be facilitated, freed from the great disadvantages that must inevitably result from the grant of monopoly privileges such as are now claimed in behalf of foreign authors and domestic publishers."

Mr. Cox's resolution was acted upon in 1872 by the new Library Committee, which invited the co-operation of authors, publishers, and others interested in framing a bill. At meetings of New York publishers, January 23d and February 6th, 1872, a bill prepared by Mr. W. H. Appleton and accepted by Mr. A. D. F. Randolph, Mr. Isaac E. Sheldon, and Mr. D. Van Nostrand, of a committee, was approved by a ma

jority vote. It provided for copyright on foreign books issued under contract with an American publisher, "wholly the product of the mechanical industry of the United States," and registered within one month and published within three months from the foreign issue, stipulating that if a work were out of print for three months the copyright should lapse. This was in line with a letter printed by Mr. W. H. Appleton in the London Times, October, 1871, denying that there was any disposition in the United States to withhold justice from English authors, but objecting to any kind of legal saddle for the English publisher to ride his author into the American book-market ;" in response to which Herbert Spencer, John Stuart Mill, Froude, Carlyle, and others had signed a memorial to Lord Granville expressing a willingness to accept a copyright on the condition of confining American copyright to American assigns of English authors, and excluding English publishers. Mr. Appleton's bill was opposed in a minority report by Mr. Edward Seymour, of the Scribner house, on the ground that it was "in no sense an international copyright law, but simply an act to protect American publishers"; that the desired

protection" could be evaded by English houses through an American partner; and that the act was objectionable in prohibiting stereos, in failing to provide for cyclopædias, and in enabling an American publisher to exclude revised editions. A meeting of Philadelphia publishers, January 27th, 1872, opposed international copyright altogether, in a memorial declaring that thought, when given to the world, is, as light, free to all;" that copyright is a matter of municipal (domestic) law; that any foreigner could get American copyright by becoming an American citizen; and that "the good of the whole people and the safety of republican institutions" would be contravened by putting into the hands of foreign authors and "the great capitalists on the Atlantic seaboard" the power to make books high. The Executive Committee of the Copyright Association met in New York, February 2d, 1872, and put forward Mr. Charles Astor Bristed's bill securing copyright, after two years from date of passage, to citizens of other countries granting reciprocity all the rights of American citizens.

The Library Committee gave several hearings on the subject, February 12th and later, and among other contributions to the discussion received a letter from Messrs. Harper taking ground

that " any measure of international copyright was objectionable because it would add to the price of books, and thus interfere with the education of the people ;" and a suggestion from John P. Morton, of Louisville, to permit general republication on payment of a ten per cent royalty to the foreign author. The same suggestion, providing for five per cent royalty, as brought forward by Mr. John Elderkin, was introduced, in a bill, February 21st, 1872, by Mr. Beck in the House, and Mr. Sherman in the Senate.

The Committee, in despair over these conflicting opinions, presented the celebrated Morrill report of February 7th, 1873, Senator Lot M. Morrill being the chairman, including a tabular comparison of the prices of American and English books. It said that "there was no unanimity of opinion among those interested in the measure," and concluded:

In view of the whole case, your committee are satisfied that no form of international copyright can fairly be urged upon Congress upon reasons of general equity, or of constitutional law; that the adoption of any plan for the purpose which has been laid before us would be of very doubtful advantage to American authors as a class, and would be not only an unquestionable and permanent injury to the manufacturing interests concerned in producing books, but a hindrance to the diffusion of knowledge among the people, and to the cause of universal education; that no plan for the protection of foreign authors has yet been devised which can unite the support of all or nearly all who profess to be favorable to the general object in view; and that, in the opinion of your committee, any project for an international copyright will be found upon mature deliberation to be inexpedient.

This was decidedly a damper to the cause, and the movement lapsed for some years.

The question rested until 1878, when, under date of November 25th, Messrs. Harper addressed a letter to Mr. Evarts, Secretary of State, suggesting that previous failures were due "to the fact that all such propositions have originated from one side only, and without prior joint consultation and intelligent discussion," reiterating" that there was no disinclination on the part of American publishers to pay British authors the same as they do American authors," and that " American publishers simply wished to be assured that they should have the privilege of printing and publishing the books of British authors;" indicating "the likelihood of the acceptance by the United States of a treaty which should recognize the interests of all parties;"