The question is often asked: Why should a man not have the same claim to

the perpetual enjoyment of his book that his neighbor has in regard to the

house he has built? The answer is, that the rights of the parties are

entirely different. The man who builds a house quarries the stone and

makes the bricks of which it is composed, or he pays another for doing it

for him. When finished, his house is all, materials and workmanship, his

own. The man who makes a book uses the common property of mankind, and all

he furnishes is the workmanship. Society permits him to use its property,

but it is on condition that, after a certain time, the whole shall become

part of the common stock. To find a parallel case, let it be supposed that

liberal men should, out of their earnings, place at the disposal of the

people of your town stone, bricks, and lumber, in quantity sufficient to

find accommodation for hundreds of people that were unable to provide for

themselves; next suppose that in this state of things your authorities

should say to any man or men, "Take these materials, and procure lime in

quantity sufficient to build a house; employ carpenters, bricklayers, and

architects, and then, in consideration of having found the lime and the

workmanship, you shall have a right to charge your own price to every

person who may, for all times, desire to occupy a room in it "; would this

be doing justice to the men who had given the raw materials for public

use? Would it be doing justice to the community by which they had been

given? Would it not, on the contrary, be the height of injustice?

Unquestionably it would, and it would raise a storm that would speedily

displace the men who had thus abused their trust. Their successors would

then say: "Messrs.---- our predecessors, did what they had no right to

do. These materials are common property. They were given without fee or

reward, with a view to benefit the whole people of our town, many of whom

are badly accommodated, while others are heavily taxed for helping those

who are unable to help themselves. To carry out the views of the

benevolent men to whom we are indebted for all these stone, bricks, and

lumber, they must remain common property. You may, if you will, convert

them into a house, and, in consideration of the labor and skill required

for so doing, we will grant you, during a certain time, the privilege of

letting the rooms, at your own price, to those who desire to occupy them;

but at the close of that time the building must become common property, to

be disposed of as we please." This is exactly what the community says to

the gentlemen who employ themselves in converting its common property into

books, and to say more would be doing great injustice.

The length of time for which the building should be thus granted would

depend upon the number of persons that would be likely to use the rooms,

and the prices they would be willing to pay. If lodgers were likely to be

few and poor, a long time would be required to be given; but if, on the

contrary, the community were so great and prosperous as to render it

certain that all the rooms would be occupied every day in the year, and at

such prices as would speedily repay the labor and skill that had been

required, the time allowed would be short. Here, as we see, the course of

things would be entirely different from that which is observed in regard

to books, the monopoly of which has increased in length with the growth,

in wealth and number, of the consumers, and is now attempted, by the aid

of international copyright, to be extended over millions of men who are

yet exempt from its operation.

The people of this country own a vast quantity of wild land, which by slow

degrees acquires a money value, that value being due to the contributions

of thousands and tens of thousands of people who are constantly making

roads towards them, and thus facilitating the exchange of such commodities

as may be raised from them. These lands are common property, but the whole

body of their owners has agreed that whenever any one of their number

desires to purchase out the interest of his partners he may do so at $1.25

per acre. They do not _give_ him any of the common property; they require

him to purchase and pay for it.

With authors they pursue a more liberal course. They say: "We have

extensive fields in which hundreds of thousands of men have labored for

many centuries. They were at first wild lands, as wild as those of the

neighborhood of the Rocky Mountains, but this vast body of laborers has

felled the trees and drained the swamps, and has thus removed nearly all

the difficulties that stood opposed to profitable cultivation. They have

also' opened mines of incalculable richness; mines of gold, silver, lead,

copper, iron, and other metals, and all of these are common property. The

men who executed these important works were our slaves, ill fed, worse

clothed, and still worse lodged; and thousands of the most laborious and

useful of them have perished of disease and starvation. Great as are the

improvements already made, their number is constantly increasing, for we

continue to employ such slaves--active, intelligent, and useful men--

in extending them, and scarcely a day elapses that does not bring to light

some new discovery, tending greatly to increase the value of _our common

property_. We invite you, gentlemen, to come and cultivate these lands and

work these mines. They are free to all. During the long period of

forty-two years you shall have the whole product of your labor, and all we

shall ask of you, at the close of that period, will be that you leave

behind the common property of which we are now possessed, increased by the

addition of such machinery as you may yourselves have made. The corn that

you may have extracted, and the gold and silver that you may have mined

during that long period, will be the property of yourselves, your wives,

and your children. We charge no rent for the use of the lands, no wages

for the labor of our slaves." Not satisfied with this, however, the

persons who work these rich fields and mines claim to be absolute owners,

not only of all the gold and silver they extract, but of all the machinery

they construct out of the common property; and out of this claim grows the

treaty now before the Senate.

If justice requires the admission of foreigners to the enjoyment of a

monopoly of the sale of their books it should be conceded at once to all,

and it should be declared that no book should be printed here without the

consent of its author, let him be Englishman, Frenchman, German, Russian,

or Hindoo. This would certainly greatly increase the difficulty now

existing in relation to the dissemination of knowledge; but if justice

does require it let it be done. Would it, however, benefit the men who

have real claims on our consideration? Let us see. A German devotes his

life to the study of the history of his country, and at length produces a

work of great value, but of proportional size. Real justice says that his

work may not be used without his permission; that the facts he has brought

to light from among the vast masses of original documents he has examined

are his property, and can be published by none others but himself. The

legislation, whose aid is invoked in the name of justice by literary men,

speaks, however, very differently. It says: "This work is very cumbrous.

To establish his views this man has gone into great detail. If translated,

his book will scarcely sell to such extent as to pay the labor. The facts

are common property. Out of this book you can make one that will be much

more readable, and that will sell, for it will not be of more than one

third the size. Take it, then, and extract all you need, and you will do

well. You will have, too, another advantage. Translation confers no

reputation; but an _original_ work, such as I now recommend to you, will

give you such a standing as may lead you on to fortune. Few people know

any thing of the original work, and it will not be necessary for you to

mention that all your materials are thence derived." On the other hand, a

lady who has read the work of this poor German finds in it an episode that

she expands into a novel, which sells rapidly, and she reaps at home a

large reward for her labors; while the man who gave her the idea starves

in a garret. A literary friend of the lady novelist, delighted with her

success, finds in his countrywoman's treasury of facts the material for a

poem out of which he, too, reaps a harvest. Both of these are protected by

international copyright, _because they have furnished nothing but the

clothing of ideas;_ but the man who supplied them with the ideas finds

that his book is condensed abroad, and given to the public, perhaps,

without even the mention of his name.

The whole tendency of the existing system is to give the largest reward to

those whose labors are lightest, and the smallest to those whose labors

are most severe; and every extension of it must necessarily look in that

direction. The "Mysteries of Paris" were a fortune to Eugene Sue, and

"Uncle Tom's Cabin" has been one to Mrs. Stowe. Byron had 2,000 guineas

for a volume of "Childe Harold," and Moore 3,000 for his "Lalla Rookh;"

and yet a single year should have more than sufficed for the production of

any one of them. Under a system of international copyright, Dumas, already

so largely paid, would be protected, whereas Thierry, who sacrificed his

sight to the gratification of his thirst for knowledge, would not.

Humboldt, the philosopher _par excellence_ of the age, would not, because

he furnishes his readers with things, and not with words alone. Of the

books that record his observations on this continent, but a part has, I

believe, been translated into English, and of these but a small portion

has been republished in this country, although to be had without claim for

copyright. In England their sale has been small, and can have done little

more than pay the cost of translation and publication. Had it been

required to pay for the privilege of translation, but a small part of

even those which have been republished would probably have ever seen the

light in any but the language of the author. This great man inherited a

handsome property which he devoted to the advancement of science, and what

has been his pecuniary reward may be seen in the following statement,

derived from an address recently delivered in New York:--

"There are now living in Europe two very distinguished men, barons, both

very eminent in their line, both known to the whole civilized world; one

is Baron Rothschild, and the other Baron Humboldt; one distinguished for

the accumulation of wealth, the other for the accumulation of knowledge.

What are the possessions of the philosopher? Why, sir, I heard a gentleman

whom I have seen here this afternoon, say that, on a recent visit to

Europe, he paid his respects to that distinguished philosopher, and was

admitted to an audience. He found him, at the age of 84 years, fresh and

vigorous, in a small room, nicely sanded, with a large deal table

uncovered in the midst of that room, containing his books and writing

apparatus. Adjoining this, was a small bed-room, in which he slept. Here

this eminent philosopher received a visitor from the United States. He

conversed with him; he spoke of his works. 'My works,' said he, 'you will

find in the adjoining library, but I am too poor to own a copy of them. I

have not the means to buy a full copy of my own works.'"

After having furnished to the gentlemen who produce books more of the

material of which books are composed than has ever been furnished by any

other man, this illustrious man finds himself, at the close of life,

altogether dependent on the bounty of the Prussian government, which

allows him, as I have heard, less than five hundred dollars a year. In

what manner, now, would Humboldt be benefited by international copyright?

I know of none; but it is very plain to see that Dumas, Victor Hugo, and

George Sand, might derive from it immense revenues. In confirmation of

this view, I here ask you to review the names of the persons who urge most

anxiously the change of system that is now proposed, and see if you can

find in it the name of a single man who has done any thing to extend the

domain of knowledge. I think you will not. Next look and see if you do not

find in it the names of those who furnish the world with new forms of old

ideas, and are largely paid for so doing. The most active advocate of

international copyright is Mr. Dickens, who is said to realize $70,000 per

annum from the sale of works whose composition is little more than

amusement for his leisure hours. In this country, the only attempt that

has yet been made to restrict the right of translation is in a suit now

before the courts, for compensation for the privilege of converting into

German a work that has yielded the largest compensation that the world has

yet known for the same quantity of literary labor.

We are constantly told that regard to the interests of science requires

that we should protect and enlarge the rights of authors; but does science

make any such claim for herself? I doubt it. Men who make additions to

science know well that they have, and can have, no rights whatever. Cuvier

died very poor, and all the copyright that could have been given to him or

Humboldt would not have enriched either the one or the other. Laplace knew

well that his great work could yield him nothing. Our own Bowditch

translated it as a labor of love, and left by his will the means required

for its publication. The gentlemen who advocate the interests of science

are literary men who use the facts and ideas furnished by scientific men,

paying nothing for their use. Now, literature is a most honorable

profession, and the gentlemen engaged in it are entitled not only to the

respect and consideration of their fellow-men, but also to the protection

of the law; but in granting it, the legislator is bound to recollect, that

justice to the men who furnish the raw materials of books, and justice to

the community that owns those raw materials, require that protection shall

not, either in point of space or time, be greater than is required for

giving the producer of books a full and fair compensation for his labor.

How the present system operates in regard to English and American authors,

I propose to consider in another letter.

LETTER III.

We are assured that justice requires the admission of foreign authors to

the privilege of copyright, and in support of the claim that she presents

are frequently informed of the extreme poverty of many highly popular

English writers. Mrs. Inchbald, so well known as author of the "Simple

Story" and other novels, as well as in her capacity of editor, dragged on,

as we are told, to the age of sixty, a miserable existence, living always

in mean lodgings, and suffering frequently from want of the common

comforts of life. Lady Morgan, so well known as Miss Owenson, a brilliant

and accomplished woman, is now to some extent dependent upon the public

charity, administered in the form of a pension of less than five hundred

dollars a year. Mrs. Hemans, the universally admired poetess, lived and

died in poverty. Laman Blanchard lost his senses and committed suicide in

consequence of being compelled, by his extreme poverty, to the effort of

writing an article for a periodical while his wife lay a corpse in the

house. Miss Mitford, so well known to all of us, found herself, after a

life of close economy, so greatly reduced as to have been under the

necessity of applying to her American readers for means to extricate her

little property from the rude hands of the sheriff. Like Lady Morgan, she

is now a public pensioner. Leigh Hunt is likewise dependent on the public

charity. Tom Hood, so well known by his "Song of a Shirt"--the delight

of his readers, and a mine of wealth to his publishers; a man without

vices, and of untiring industry--lived always from day to day on the

produce of his labor. On his death-bed, when his lungs were so worn with

consumption that he could breathe only through a silver tube, he was

obliged to be propped up with pillows, and, with shaking hand and dizzy

head, force himself to the task of amusing his readers, that he might

thereby obtain bread for his unhappy wife and children. With all his

reputation, Moore found it difficult to support his family, and all the

comfort of his declining years was due to the charity of his friend, Lord

Lansdowne. In one of his letters from Germany, Campbell expresses himself

transported with joy at hearing that a double edition of his poems had

just been published in London. "This unexpected fifty pounds," says he,

"saves me from jail." Haynes Bayley died in extreme poverty. Similar

statements are furnished us in relation to numerous others who have, by

the use of their pens, largely contributed to the enjoyment and

instruction of the people of Great Britain. It would, indeed, be difficult

to find very many cases in which it had been otherwise with persons

exclusively dependent on the produce of literary labor. With few and

brilliant exceptions, their condition appears to have been, and to be, one

of almost hopeless poverty. Scarcely any thing short of this, indeed,

would induce the acceptance of the public charity that is occasionally

doled out in the form of pensions on the literary fund.

This is certainly an extraordinary state of things, and one that makes to

our charitable feelings an appeal that is almost irresistible.

Nevertheless, before giving way to such feelings, it would be proper to

examine into the real cause of all this poverty, with a view to satisfy

ourselves if real charity would carry us in the direction now proposed.

The skilful physician always studies the cause of disease before he

determines on the remedy, and this course is quite as necessary in

prescribing for moral as for physical disorder. Failing to do this, we

might increase instead of diminishing the evil, and might find at last

that we had been taxing ourselves in vain.

What is claimed by English authors is perpetuity and universality of

property in the clothing they supply for the body that is furnished to the

world by other and unpaid men; and an examination of the course of

proceeding in that country for the last century and a half shows that each

step that has been taken has been in that direction. While denying to the

producers of facts and ideas any right whatsoever, every act of

legislation has tended to give more and more control over their

dissemination to men who appropriated them to their own use, and brought

them in an attractive form before the reader. Early in the last century

was passed an act well known as the Statute of Queen Anne, giving to

authors fourteen years as the period during which they were to have a

monopoly of the peculiar form of words they chose to adopt in coming

before the world. The number of persons then living in England and Wales,

and subjected to that monopoly, was about five millions. Since that time

the field of its operation has been enlarged, until it now embraces not

only England and Wales, but Scotland, Ireland, and the British colonies,

containing probably thirty-two millions of people who use the English

language. The time, too, has been gradually extended until it now reaches

forty-two years, or thrice the period for which it was originally granted.

Nevertheless, no life is more precarious than that of an Englishman

dependent upon literary pursuits for support. Such men are almost

universally poor, and leading men among them, Tennyson and Sir Francis

Head for instance, gladly accept the public charity, in the form of

pensions for less than five hundred dollars a year. This is not a

consequence of limitation in the field of action, for that is six times

greater than it was when Gay netted £1,600 from a single opera, and Pope

received £6,000 for his "Homer;" five times greater than when Fielding had

£1,000 for his "Amelia;" and four times more than when Robertson had

£4,500 for his "Charles V.," Gibbon £5,000 for the second part of his

history, and McPherson £1,200 for his "Ossian."[1] Since that time money

has become greatly more abundant and less valuable; and if we desired to

compare the reward of these authors with those of the present day, the

former should be trebled in amount, which would give Robertson more than

sixty thousand dollars for a work that is comprised in three 8vo. volumes

of very moderate size. It is not a consequence of limitation of time, for

that has grown from fourteen to forty-two years--more than is required

for any book except, perhaps, one in five or ten thousand. It should not

be a consequence of poverty in the nation, for British writers assure us

that wealth so much abounds that wars are needed to prevent its too rapid

growth, and that foreign loans are indispensable for enabling the people

of Britain to find an outlet for all their vast accumulations. What, then,

is the cause of disease? Why is it that in so wealthy a nation literary

men and women are so generally poor that it should be required to bring

their poverty before the world, to aid in the demand for an extension to

other countries of the monopoly so well secured at home? In that country

the fortunes of wealthy men count by millions, and, that being the case,

an average contribution of a shilling a head towards paying for the

copyright of books, would seem to be the merest trifle to be given in

return for the pleasure and the instruction derived from the perusal of

the works of English authors, and yet even that small sum does not appear

to be paid. Thirty-two millions of shillings make almost eight millions of

dollars; a sum sufficient to give to six hundred authors more than

thirteen thousand dollars a year, being more than half the salary of the

chief magistrate of our Union. Admitting, however, that there were a

thousand authors worthy to be paid, and that would most certainly cover

them all, it would give to each eight thousand dollars, or one third more

than we have been accustomed to allow to men who have devoted their lives

to the service of the public, and have at length risen to be Secretaries

of State. If English authors were thus largely paid, it would be deemed an

absurdity to ask an enlargement of their monopoly; but, as they are not

thus paid, it is asked. There is probably but a single literary man in

England that receives $8,000 a year for his labors, and it may be doubted

if it would be possible to name ten whose annual receipts equal $6,000;

while those of a vast majority of them are under $1,500, and very many of

them greatly under it. Even were we to increase the number of authors to

fifteen hundred, one to every 4,000 males between the ages of 20 and 60 in

the kingdom, and to allow them, on an average, $2,000 per annum, it would

require but three millions of dollars to pay them, and that could be done

by an average contribution of five pence per head of the population, a

wonderfully small amount to be paid for literary labor by a nation

claiming to be the wealthiest in the world. A shilling a head would give

to the whole fifteen hundred salaries nearly equal to those of our

Secretaries; and yet we see clever and industrious men, writers of

eminence whose readers are to be found in every part of the civilized

world, living on in hopeless poverty, and dying with the knowledge that

they are leaving widows and children to the "tender mercies" of a world in

which they themselves have shone and starved. Viewing all these facts, it

may, I think, well be doubted if the annual contributions of the people

subject to the British copyright act for the support of the persons who

produce their books, much exceeds three pence, or six cents, per head; and

here it is that we are to find the real difficulty--one not to be

removed by us. The home market is the important one, whether for words or

things, and when that is bad but little benefit can be derived from any

foreign one; and every effort to extend the latter will, under such

circumstances, be found to result in disappointment. It can act only as a

plaster to conceal the sore, while the sore itself becomes larger and more

dangerous from day to day. To effect a cure, the sore itself must be

examined and its cause removed. To cure the disease so prevalent among

British authors we must first seek for the causes why the home market for

the products of their labor is so very small, and that will be found in

the steadily growing tendency towards centralization, so obvious in every

part of the operations of the British empire. Centralization and

civilization have in all countries, and at all periods of the world, been

opposed to each other, and that such is here the case can, I think,

readily be shown.

[Footnote 1: The several figures here given are from a statement in a

British journal. Whether they are perfectly accurate, or not, I have no

means of determining.]

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