situation is full of complications. Theoretically it is the interest
of both parties to sell as many books as possible. But the author has an
interest in one book, the publisher in a hundred. And it is natural and
reasonable that the man who risks his money should be the judge of the
policy best for his whole establishment. I cannot but think that this
situation would be on a juster footing all round if the author returned
to the old practice of limiting the use of his property by the publisher.
I say this in full recognition of the fact that the publishers might be
unwilling to make temporary investments, or to take risks. What then?
Fewer books might be published. Less vanity might be gratified. Less
money might be risked in experiments upon the public, and more might be
made by distributing good literature. Would the public be injured? It is
an idea already discredited that the world owes a living to everybody who
thinks he can write, and it is a superstition already fading that capital
which exploits literature as a trade acquires any special privileges.
The present international copyright, which primarily concerns itself with
the manufacture of books, rests upon an unintelligible protective tariff
basis. It should rest primarily upon an acknowledgment of the author's
right of property in his own work, the same universal right that he has
in any other personal property. The author's international copyright
should be no more hampered by restrictions and encumbrances than his
national copyright. Whatever regulations the government may make for the
protection of manufactures, or trade industries, or for purposes of
revenue on importations, they should not be confounded with the author's
right of property. They have no business in an international copyright
act, agreement, or treaty. The United States copyright for native authors
contains no manufacturing restrictions. All we ask is that foreign
authors shall enjoy the same privileges we have under our law, and that
foreign nations shall give our authors the privileges of their local
copyright laws. I do not know any American author of any standing who has
ever asked or desired protection against foreign authors.
This subject is so important that I may be permitted to enlarge upon it,
in order to make clear suggestions already made, and to array again
arguments more or less familiar. I do this in the view of bringing before
the institute work worthy of its best effort
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