Copyright: Its History and Its LawBowker, R. R. (Richard Rogers)
History
Copyright: Its History and Its Law
Bowker, R. R. (Richard Rogers)
Copyright -- History; Copyright -- United States -- History
"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 which justly belong to the works of authors
are exposed to daily violation, without the possibility of their
invoking the aid of the laws.... In principle, the committee perceive no
objection to considering the republic of letters as one great community,
and adopting a system of protection for literary property which should
be common to all parts of it."
{Sidenote: A prophecy of world union}
The address of British authors and the Clay report called forth a little
volume of "Remarks on literary property" by Philip H. Nicklin, a
Philadelphia publisher, printed by his own firm of "law booksellers" in
1838, and dedicated to Henry C. Carey, which, though somewhat caustic in
its criticisms of some of the arguments put forward by the British
authors, heartily favored international copyright. The volume, in fact,
contains a glowing prophecy of what was realized in large measure in the
convention of Berne a half century later, the more interesting as coming
from an American publisher, who was perhaps first to realize in thought
the world-wide possibilities of the movement then in its beginnings. He
suggested that Congress should empower the President to appoint
commissioners to meet in Europe with similar representatives from other
nations "to negociate for the enactment of a _uniform_ law of literary
property, and the extension of its benefits to all civilised nations. It
should be a new chapter of the _Jus Gentium_, and should be one law
(_iisdem verbis_) for all the enacting nations, extending over their
territories in the same manner as our law of copyright extends over the
territories of our twenty-six sovereign states; so that an entry of
copyright in the proper office of one nation should protect the author
in all the others."
{Sidenote: "One just law"}
Public-domain text, read in full here on John Shaqi.
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