International Copyright | Page 4

as
much propriety and decency have his body snatched as his literary
remains.
"That, by the present law, the wisest, virtuousest, discreetest, best of
authors, is tardily rewarded, precisely as a vicious, seditious, or
blasphemous writer is summarily punished--namely, by the forfeiture
of his copyright.

"That, in case of infringement on his copyright, your petitioner cannot
conscientiously or comfortably apply for redress to the law whilst it
sanctions universal piracy hereafter.
"That your petitioner hath two children, who look up to him, not only
as the author of the 'Comic Annual,' but as the author of their being.
That the effect of the law as regards an author is virtually to disinherit
his next of kin, and cut him off with a book instead of a shilling.
"That your petitioner is very willing to write for posterity on the lowest
terms, and would not object to the long credit; but that, when his heir
shall apply for payment to posterity, he will be referred back to
antiquity.
"That, as a man's hairs belong to his head, so his head should belong to
his heirs; whereas, on the contrary, your petitioner hath ascertained, by
a nice calculation, that one of his principal copyrights will expire on the
same day that his only son should come of age. The very law of nature
protests against an unnatural law which compels an author to write for
anybody's posterity except his own.
"Finally, whereas it has been urged, 'if an author writes for posterity, let
him look to posterity for his reward,' your petitioner adopts that very
argument, and on its very principle prays for the adoption of the bill
introduced by Mr. Sergeant Talfourd, seeing that by the present
arrangement posterity is bound to pay everybody or anybody but the
true creditor."
In France perpetual copyright was guaranteed from very early times.
The Ordinances of Moulines of 1556, the Declaration of Charles IX. in
1571, and the letters-patent of Henry III. constituted the ancient
legislation on the subject, but the sovereign had a right to refuse the
guarantee whenever he thought desirable. In 1761 the Council of State
continued to a grandson of La Fontaine the privilege that his
grandfather possessed, on condition, however, that he should not assign
it to a bookseller. The Revolution of 1789 modified this regime, and
now copyright is guaranteed to authors and their widows during their
lives, to their children, for twenty years; and if they leave no children,

to their heirs for ten years only. According to French law, a French
subject does not injure his copyright by publishing his work first in a
foreign country. No matter where the publication takes place, copyright
forthwith accrues in France on his behalf, and on the necessary deposit
being effected, its infringement may be proceeded against in a French
court. Moreover, a foreigner publishing in France will enjoy the same
copyright as a native, and this whether he has previously published in
his own or in any other country or not. In Germany and in Austria
copyright continues for the authors life and for thirty years after his
death. The longest term of copyright is conceded in Italy, where it
endures for the life of the author and forty years, with a second term of
forty years, during which last any one can publish the work upon
paying the royalty to the author or his assigns. The shortest term of
copyright exists in Greece, where it endures for but fifteen years from
publication.
In the United States, by the law of 1831, the term is for twenty-eight
years, with the right of renewal to the author, his wife or his children,
for fourteen years further. The renewal must be recorded within six
months before the expiration of the first term of twenty-eight years.
Drone says:
"In the United States the authorities have been divided not less than in
England regarding the origin and nature of literary property. Indeed, the
doctrines there prevalent have ruled our courts. In 1834, in the case of
Wheaton vs. Peters, the same question came before the Supreme Court,
that had been decided by the Court of King's Bench in 1769, and by the
House of Lords in 1774--namely, whether copyright in a published
work existed by common law; and if so, whether it had been taken
away by statute.
"The court held that the law had been settled in England to the effect
that the author had no right in a published work excepting that secured
by statute; that there was no common law of the United States, and that
the common law as to copyright had not been adopted in Pennsylvania,
in which State the cause of this action arose; and that by the copyright
statute of 1790, Congress did not affirm an existing