Recent discussions on the abolition of patents for inventions in the United Kingdom, France, Germany, and the Netherlands : $b Evidence, speeches, and papers in its favour
General
Recent discussions on the abolition of patents for inventions in the United Kingdom, France, Germany, and the Netherlands : $b Evidence, speeches, and papers in its favour
Patents
and appealed against to the Lords Justices, who gave it as their opinion
that the word “author” in the Act of Parliament was to be interpreted in
its widest sense, and that there was no limitation to that word in the
Act of Parliament; therefore, it was maintained that _any_ author could
have a Copyright in England who complied with the requisitions of the
Act, and this defective scheme was confirmed by Lord Chancellor Cairns,
who remarked that none of the former decisions had stated that it was
other than necessary to be in the British dominions during the time of
the publication of the work. This device may have facilitated the desire
for an international law upon a righteous foundation, now so loudly
advocated in America.
In the judgment given in the House of Lords, in the case of Boosey’s
assumption to the exclusive right of printing the opera of Bellini,
the subject of residence in England was debated, and Lord St. Leonards
used these remarkable words: “Now the American Legislature have no such
difficulty. They have expressly enacted that Copyright there shall be
confined to natives, or persons resident within the United States. Those
are the express words of their statute.” And we may remark, farther, that
unless an alien author has resided at least twelve months in America, and
has made a declaration in these words, “I do declare on oath that it is
_bonâ fide_ my intention to become a citizen of the United States,” &c.,
he cannot obtain the privilege of Copyright in anything he may publish
there. This conflict of opinion must necessarily end, therefore, in a new
Act of Parliament, which has been long needed to settle this and other
much-vexed questions of Copyright.
LETTER FROM THE SAME.
24, Great Marlborough-street, June 15, 1869.
Dear Sir,—I think your suggestion of the payment of a royalty upon the
publication of an author’s work, if made mutual in both America and
Great Britain, would go far to reconcile the two nations to abandon the
present unfair reprisals; more especially if it were left to the option
of any publisher to reproduce such works in the form most suited to his
particular trade. Some publishers choose to publish in one form, and some
in another, more or less expensive, according to the taste or want of
their customers. It is true, there might be some difficulty in arranging
the percentage per copy upon such a scheme; but that might be regulated
according to the price and style of getting up of the work, which should
always be determined upon before the work is issued.
The question of Copyright in music is one which presents features
appertaining to itself exclusively. One feature which it shares along
with the other fine arts is this great fact: that music is a universal
language, and addresses itself equally to all nations. Its range,
therefore, is far wider than literature. It needs no translation.
Public-domain text, read in full here on John Shaqi.
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