The International Monthly, Volume 4, No. 3, October, 1851Various
History
The International Monthly, Volume 4, No. 3, October, 1851
Various
Art, Modern -- 19th century -- Periodicals; Literature, Modern -- 19th century -- Periodicals; Science -- History -- Periodicals
turn; and thus despoil, not the foreign aggressor, but our own respectable
publishers, of a right in which so large an amount of capital and
enterprise has been embarked.
Whatever difference of opinion, therefore, there may be as to the measures
which are most likely to force upon our neighbors a fair recognition of the
rights of our authors, by a system of reprisal which we could never be
brought to admire, and which we consider beneath the dignity of our
national character, there can be none as to the absurdity of attempting so
to do, by a retrospective operation which has neither justice nor common
honesty to recommend it. We are far from desiring to attach any moral blame
to the gentlemen whose reprints, in this country, of the works of Irving
and others, have given occasion for the present controversy. The state of
the law, as interpreted by Lord Cranworth, and other of our eminent
jurists, appears to have warranted their belief that they were perfectly
authorized in so doing. There are, however, considerations of courtesy
which ought always to be observed by persons of the same profession towards
each other, which should prevent them from doing all that even the law
entitles them to do, where, by such a course, they are prejudicing the
interests of their respectable brother tradesmen, on occasions on which
they had good ground to believe that they have done every thing they could
to secure the rights to which they lay claim. Neither is the position of
the author to be wholly overlooked. So far back as 1813 or 1814, Washington
Irving was a resident in this country, engaged in mercantile pursuits, as a
partner in a British firm, and was as much an Englishman as either Mr.
Leslie or Mr. Stuart Newton. He was, indeed, a resident in England at the
date of the publication of several of his works. But the principle, if
carried out fairly, would compromise the interests of painters and
print-publishers, as well as of litterateurs and booksellers. If the
arguments employed at the late meeting, are at all tenable, the valuable
copyrights of Messrs. Moon, Graves & Co., Colnaghi, or Hogarth, and other
printsellers, in the engravings executed from the works of Leslie, Newton,
Ohalon, and others, are completely at the mercy of any one who may think it
worth his while to reproduce them. The sort of retaliation, therefore,
which is now suggested, would be equivalent to that of cutting off the nose
for the purpose of being revenged upon the face.
Public-domain text, read in full here on John Shaqi.
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