Literary Property and International Copyright. Ill 



mon-law right, it is as much entitled to recognition and protection as 

 any other species of property. But the true and righteous rule will 

 not prevail until an enlightened and thoroughly aroused public senti- 

 ment shall have compelled just legislation, or a second Mansfield 

 shall have come to judgment, and broken the shackles of precedent. 



available remedies, and this leads to the consideration of international 

 copyright. 



Our government, it must be confessed, does not occupy an enviable 

 position, either in respect of its own copyright legislation, or in its 

 attitude toward international copyright. 



Our copyright laws are more illiberal than the English toward 

 aliens, and this country has never cordially responded to England in 

 her efforts to secure international copyright. As early as 1838 an act 

 was passed by the British Parliament, enabling the author of a book, 

 first published in a foreign country, to obtain copyright in England, 

 on condition that the like privilege should be extended by such 

 country to English authors. A similar act on the part of the 

 United States would have settled the question on just and liberal 

 principles. But such reciprocity would not advance the real or 

 fancied interests of American publishers, and their influence was 

 potent to prevent it. England has always manifested a willingness, 

 nay, a desire to make with the United States, as with other nations, 

 some just and liberal arrangement upon the subject, either by legisla- 

 tion or treaty. She has established international conventions with 

 Russia, Saxony, Brunswick, Thuringiau Union, Hanover, Oldenburg, 

 France, Anhalt, Hamburg, Belgium, Spain and Sardinia. But, hith- 

 erto, all efforts to effect an arraugement with the United States have 

 failed. 



In 1837 the subject came before the Senate of the United States, on 

 a petition of British authors presented by Henry Clay. The subject 

 was referred to a select committee, consisting of Messrs. < lav. Preston, 

 Buchanan, Webster and Ewing, of Ohio. A report from this com- 

 mittee—framed presumably by Mr. Clay- soon followed, urging the 

 passage of a law which should secure to foreign authors their copyright 

 in this country. The report contains this language : 



"That authors and inventors have, according to the practice among 

 civilized nations, a property in the respective productions of then- 

 genius, i s 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 benefac- 

 tors of mankind. They are often dependent exclusively upon their 



