ren, for twenty years; and if they
leave no children, to their heirs for ten years only. According to
French law, a French subject does not injure his copyright by
publishing his work first in a foreign country. No matter where the
publication takes place, copyright forthwith accrues in France on his
behalf, and on the necessary deposit being effected, its infringement
may be proceeded against in a French court. Moreover, a foreigner
publishing in France will enjoy the same copyright as a native, and
this whether he has previously published in his own or in any other
country or not. In Germany and in Austria copyright continues for the
authors life and for thirty years after his death. The longest term of
copyright is conceded in Italy, where it endures for the life of the
author and forty years, with a second term of forty years, during
which last any one can publish the work upon paying the royalty to the
author or his assigns. The shortest term of copyright exists in
Greece, where it endures for but fifteen years from publication.
In the United States, by the law of 1831, the term is for twenty-eight
years, with the right of renewal to the author, his wife or his
children, for fourteen years further. The renewal must be recorded
within six months before the expiration of the first term of
twenty-eight years.
Drone says:
"In the United States the authorities have been divided not less
than in England regarding the origin and nature of literary
property. Indeed, the doctrines there prevalent have ruled our
courts. In 1834, in the case of Wheaton _vs._ Peters, the same
question came before the Supreme Court, that had been decided by
the Court of King's Bench in 1769, and by the House of Lords in
1774--namely, whether copyright in a published work existed by
common law; and if so, whether it had been taken away by statute.
"The court held that the law had been settled in England to the
effect that the author had no right in a published work excepting
that secured by statute; that there was no common law of the
United States, and that the common law as to copyright had not
been adopted in Pennsylvania, in which State the cause of this
action arose; and that by the copyright statute of 1790, Congress
did not affirm an existing right, but created one. The opinion,
which was delivered by Justice McLean, was concurred in by three
of
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