Readers and Writers (1917-1921)Orage, A. R. (Alfred Richard)
History
Readers and Writers (1917-1921)
Orage, A. R. (Alfred Richard)
Literature, Modern -- History and criticism
Again, a couple of months is a small period of time in which to arrange
to have an English work dispatched, accepted, set up, printed, and
published in America. Commercial difficulties of all kinds arise in
the course of the transaction, and every delay brings the day of the
accursed shears of the American Copyright Act nearer. Is an English
publisher to bargain with the advantage of time always on the side of
America, with the certain knowledge that, unless he comes to terms at
once, he will lose everything both for himself and his author? But either
that or indefinitely delaying publication in _this_ country is his only
possible course. The American Copyright Law is thus seen to be a modern
example of Morton’s fork. By requiring that the foreign author shall
publish his work in America within one or two months of its publication
at home, the law compels him to make a choice (in the majority of cases)
between forfeiting his copyright in America, and delaying, at his own
cost, the publication of his book in his own country. Upon either prong
he is impaled. If he elects for American publication he must forgo the
chance of the immediate market at home, and if he elects for immediate
publication at home he must forgo the protection of American copyright.
Such an ingenious device for Dick-Turpining European authors cannot have
been invented and enforced without some presumed moral justification.
America cannot be conceived as a willing party to the legislation of
literary piracy, and it was and is, no doubt, under some cover of
justification that the law was enacted and now runs. The defence for it,
I should suppose, is the presumed necessity for protecting the industry
of book-making in America on behalf of American authors, printers, and
publishers alike. Its defence, in short, is the same defence that is
set up for protection in commercial matters in this country, namely,
the desirability of excluding foreign competition, and of encouraging
home-industry. Against this defence, however, there is a great deal to
be said that ought to weigh with the American people, and that ought
to weigh in their calculations as well as in their taste and sense of
right. For, as to the latter, I take it that no American would undertake
to defend his Copyright Law on the principles either of good taste
or common justice. It cannot be in conformity with good taste for the
literary artists of America to procure protection for themselves by
penalising their European confrères, and it cannot be justice to rob
a European author of his copyrights, or to compel him to delay his
publication in Europe. These admissions I take for granted, and the only
defence left is the calculation that such a Copyright Act is good for the
American book-making interests.
Public-domain text, read in full here on John Shaqi.
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