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
It is quite true that in 1845, in Chappell _v._ Purday, the Court of
Exchequer was of opinion that a foreign author residing abroad, who
composed a work there, could have no copyright in this country; a decision
which was subsequently confirmed in the same Court in Boosey v. Purday.
These judgments have, however, been entirely overruled by Lord Campbell,
who on a late occasion pronounced an opinion in the teeth of these
decisions, and whose impressions on this question are said to be shared by
a large majority of the Judges of the Court of Queen's Bench. The point may
therefore be considered as settled; and as further litigation in the Court
of Chancery can only be productive of ruinous expense and vexation, it is
much to be desired that an amicable arrangement of the differences of the
respective publishers may be entered into, which, whilst it recognizes the
proper principle, will avert the necessity of further contests on the
subject. Mr. Colburn was, it appears, in favor of the anti-foreign
copyright disputants, and has, therefore, clearly invited the invasion of
his own copyrights of the works of American authors. As, however, he is
understood to have virtually, if not ostensibly, retired from the
publishing trade, he has for the future, at least, but little interest in
the matter.
The speeches of Sir Edward Bulwer Lytton and of Mr. Bohn, at the late
meeting, contain many facts and illustrations, which will be found of
service in considering the question of international copyright. Mr. Bohn
has already done much by the publication of cheap editions of standard
authors, at a very moderate price, to render good books accessible to the
public, and is placed by his position as a bookseller, beyond the suspicion
of having been actuated by mercenary or unworthy motives in the matter. We
question however if the general interests of authors and publishers have
not suffered materially from his reprints. When Mr. Colburn attributed to
American piracy the discouraging fact that for books for which he could
once afford to pay 1000_l._, he cannot now give more than from 100_l._ to
150_l._, he appears to have overlooked the prevalence of cheap literature
generally in this country; and the ruinous competition which is now going
on among rival booksellers. Who is likely to purchase his guinea and a half
editions of Cooper's novels, when he can obtain from Mr. Bohn the works of
Washington Irving (large and handsomely printed volumes) at two shillings
each? Besides, the same system of piracy was at work when he purchased Mr.
Cooper's copyrights, as is in operation now. He recommends British
publishers not to purchase another copyright from an American author until
his government have consented to enter into some international arrangement;
and so far we agree with him in his suggestion. It is a remarkable fact,
however, that whilst British authors are protesting in their speeches and
Public-domain text, read in full here on John Shaqi.
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