Lapas attēli

chie, and of Prof. Ernest Röthlisberger, editor of the Droit d'Auteur, and one of the best authorities on international copyright. This acknowledgment of obligation is not to be taken as assuming for the work official sanction and authority, though so far as practicable, it reflects the opinions of the best authorities. The writer has also consulted freely—but it is hoped always within the limits of "fair use"— the best lawbook writers, especially Drone, Copinger, Colles and Hardy, and MacGillivray, to whom acknowledgment is made in the several chapters. Acknowledgment is also made for the courtesies of Sir Frederick Macmillan, G. Herbert Thring, secretary of the British Society of Authors, and others numerous beyond naming. But most of all the writer is indebted to the intelligent and capable helpfulness of Carl L. Jellinghaus, who as private secretary, has been both right hand and eyes to the writer, and besides participating in the work of research, is largely responsible for the index and other "equipment” of the volume.

Copyright law is exceptionally confused and con- Method and fusing, and even the new American and British codes form are not without such defects. Specific subjects are so interdependent that it has been difficult to make clear lines of division among the several chapters, and there is necessarily repetition; it has been the endeavor to concentrate the main discussion in one place, designated in the index by black face figures, with subordinate references in other chapters. Ambiguities in the text of this volume often reflect ambiguities in the laws, particularly of foreign countries. Where acts, decisions, etc., are quoted in the text or given in the appendix, spelling, capitalization, punctuation, headings, etc., follow usually the respective forms, thus involving apparent inconsistencies. Sideheadings in the appendix follow usually the official

form, unless shortened to prevent displacement. Translations of foreign conventions follow usually the official text of the translation, but have been corrected or conformed in case of evident error or variance. Citation of cases is confined for the most part to ruling or recent cases or those of historic importance or interest. Though it has not been practicable to verify statements from the copyright laws of so many countries in divers languages, a fairly comprehensive and accurate statement of the status of copyright throughout the world is here presented. The present work, originally planned for publication in 1910, has been held back and alterations and insertions made to bring the record of legislation to the close of 1911. For those who wish to keep their copyright knowledge up to date, the Publishers' Weekly will endeavor to present information as to the English speaking world, and the monthly issues of the Droit d'Auteur of Berne, under the editorship of Prof. Röthlisberger, will be found a comprehensive and adequate guide.

The preparation of this work brings a recurring sense of the losses which the copyright cause has suffered during the long campaign for copyright reform, beginning in the American Copyright League, under the presidency of James Russell Lowell, and continued under that of Edmund Clarence Stedman, both of whom have passed over to the majority. Bronson Howard, always active in the counsels of the League as a vice-president, and the foremost advocate of dramatic copyright as president of the American Dramatists Club, failed, like Stedman, to see the fulfillment of his labors in the passage of the act of 1909. George Parsons Lathrop, Edward Eggleston, Richard Watson Gilder, “Mark Twain" and other ardent advocates of the rights of the author, gave large

Advocates of authors' rights

share of enthusiasm and effort to the cause. Happily the two men who for the last twenty years and more have labored at the working oar for the Authors League and for the Publishers League, are still active in the good work, ready to defend the code against attack and eager to forward every betterment that can be made; to Robert Underwood Johnson, the successor of the lamented Gilder as editor of the Century, and to George Haven Putnam, the head of the firm which still bears the name of his honored father, authors the world over owe in great measure the progress which has been made in America toward a higher ideal for the protection of authors' rights.

It may be noted that while throughout the British Copyright Empire English precedent is naturally followed, the evolution more restrictive American copyright system has unfortunately influenced legislation in Canada and Newfoundland, and in Australia. France, open-handed to authors of other countries, has afforded precedent for the widest international protection and for the international term; while Spain, with the longest term and most liberal arrangements otherwise, has been followed largely by Latin American countries. The International Copyright Union has reached in the Berlin convention almost the ideal of copyright legislation, and this has been closely followed in the Buenos Aires convention of the Pan American Union. The world over, there seems to have been a general evolution of copyright protection from the rude and imperfect recognition of intellectual property as cognate to other property, for a term indefinite and in a sense perpetual, almost impossible of enforcement in the lack of statutory protection and penalties. Systems of legislation, at first of very limited term and of restricted scope, have led up to the comprehensive codes giving wide and definite protection for all


classes of intellectual property for a term of years ex-
tending beyond life, with the least possible formali-
ties compatible with the necessities of legal procedure.
Unfortunately in the United States of America the
forward movement which produced the “interna-
tional copyright amendment" of 1891 and the code
of 1909, conspicuously excellent despite defects of
detail, was in some measure offset by retrogression, as
in the manufacturing restrictions. Until this policy,
which still remains a blot on the 'scutcheon, is aban-
doned, as the friends of copyright hope may ulti-
mately be the case, the United States of America
cannot enter on even terms the family of nations and
become part of the United States of the world.

December, 1911.

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POSTSCRIPT. Since this book has been passing through
the press, Cuba has been added to the countries in recipro-
cal relations with the United States with respect to mechan-
ical music by the President's proclamation of November
27, 1911; Russia has made with France its first copyright
treaty, in conformity with the new Russian code of 1911;
and the new British code, referred to on p. 33, having
passed the House of Commons August 17, passed the
House of Lords December 6, and after concurrence by the
House of Commons in minor amendments, mostly verbal,
became law by Crown approval, December 16, 1911, as
noted on p. 374. The text of the act in the appendix fol-
lows the official text as it now stands on the English statute
books; the summary (pp. 374-80) describes the act as it
became law-and the earlier references are in accordance
therewith, with a few exceptions. These exceptions mostly
concern immaterial changes, made in the House of Lords.
Within January, 1912, Brazil has adopted a new measure
for international copyright, and a treaty has been signed
between the United States and Hungary, the twenty-fifth
nation in reciprocal relations with this country.


Under the names of countries are given dates of the basic and latest amendatory laws.
International relations are shown by the name in SMALL CAPS of the convention city where
a country is a party to the International Copyright Union or the Pan American conventions,
and by the names of countries with which there are specific treaties, excepting those within
the union or conventions. The general term of duration is entered, without specification
of special terms for specific classes. Places of registration and deposit are indicated by R
and D when these are not the same. The number of copies required and in some cases
period after publication within which deposit is required are given in parentheses. Notice
of copyright or of reservation is indicated. Special exceptions or conditions are noted so far
as practicable under remarks. An asterisk indicates that specific exceptions exist.

The International Copyright Union includes (A) under the Berlin convention, 1908 (a)
without reservation Germany, Belgium, Luxemburg, Switzerland, Spain, Monaco, Liberia ,
Haiti, Portugal, and (b) with reservation France, Norway, Tunis, Japan; (B) under the Berne
convention, 1886, and the Paris additional act and interpretative declaration, 1896, Denmark,
Italy; (C) under the Berne convention, 1886, and the Paris additional act, 1896, Great
Britain; (D) under the Berne convention, 1886, and the Paris interpretative declaration,
1896, Sweden. The Pan American conventions agreed on at Mexico City, 1902, Rio de
Janeiro, 1906, and Buenos Aires, 1910, have not been ratified except that of Mexico by the
United States and by Costa Rica, Guatemala, Honduras, Nicaragua, Salvador, and doubt-
fully by Cuba and Dominican Republic; that of Rio by a few states insufficient to make it
anywhere operative; and that of Buenos Aires by the United States. The South American
convention of Montevideo, 1889, has been accepted by Argentina, Paraguay and Uruguay,
Peru and Bolivia, and has the adherence in relation with Argentina and Paraguay only)
of Belgium, France, Italy and Spain. The five Central American states have a mutual con-
vention through their Washington treaty of peace of 1907.

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