The Atlantic Monthly, Volume 20, No. 120, October, 1867: A Magazine of Literature, Science, Art, and PoliticsVarious
General
The Atlantic Monthly, Volume 20, No. 120, October, 1867: A Magazine of Literature, Science, Art, and Politics
Various
American periodicals
It is, then, in the republication of foreign works that our publishers
ought to find an element of certainty, which cannot appertain to the
publication of original and untried productions. But it is precisely here
that chaos reigns. In the issue of native works, there is but a single
uncertainty; in the republication of foreign, there are many. No man knows
what his rights are; nor whether he has any rights; nor whether there
_are_ any rights; nor, if he has rights, whether they will be respected.
This chaos has taken to itself the pleasant and delusive name of "Courtesy
of the Trade." Before the "reign of law" is established in any province of
human affairs, we generally see men feeling their way to it, trying to find
something else that will answer the purpose, endeavoring to reduce the
chaos of conflicting claims to some kind of rule. The publishers of the
United States have been doing this for many years, and the result is the
unwritten code called the Courtesy of the Trade,--a code defective in
itself, with neither judge to expound it, jury to decide upon it, nor
sheriff to execute it. This code consisted at first of one rule,--If a
publisher issues a foreign work, no other American publisher shall issue
it. But it often happened that two or three publishers began or desired to
begin the printing of the same book. To meet this and other cases, other
laws were added, until at present the code, as laid down by the rigorists,
consists of the following rules:--
1. If a publisher issues an edition of a foreign work, he has acquired an
exclusive right to it for a period undefined.
2. If a publisher is the first to announce his intention to publish a
foreign work, that announcement gives him an exclusive right to publish it.
3. If a publisher has already issued a work of a foreign author, he has
acquired thereby an exclusive right to the republication of all subsequent
works by the same author.
4. The purchase of advance sheets for publication in a periodical gives a
publisher the exclusive right to publish the same in any other form.
5. All and several of these rights may be bought and sold, like any other
kind of property.
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