Admit, however, that he does print it, does the treaty require that the

market shall _always_ be supplied? Perhaps it does, but most probably it

does not. If it does, does it also provide for the appointment of

commissioners to see that the provision is always complied with? If it

does not, nothing would seem to be easier than to send out the plates of a

large book, print off a small edition, and by thus complying with _the

letter_ of the law, establishing the copyright for the long term of

forty-two years, the moment after which the plates could be returned to

the place whence they came, and from that place the consumers could be

supplied on condition of paying largely to the Chancellor of the

Exchequer, to the "Times," to the profits of Mr. Dickens' advertising

sheet, to the author, to the London bookseller, to his agent in America,

and the retail dealer here. In cases like this, and they would be

numerous, the "few cents" would probably rise to be many dollars; and no

way can, I think, be devised to prevent their occurrence, except to take

one more step forward in centralization by the appointment of

commissioners in various parts of the Union, to see that the market is

properly supplied, and that the books offered for sale have been actually

printed on this side of the Atlantic.

If the treaty does provide for publication here, it probably allows some

time therefor, say one, two, or three months. It is, however, well-known

that of very many books the first few weeks' sales constitute so important

a part of the whole that were the publisher here deprived of them, the

book would never be republished. No one could venture to print until the

time had elapsed, and by that time the English publisher would so well

have occupied the ground with the foreign edition that publication here

would be effectually stopped. Even under the present _ad valorem_ system

of duties this is being done to a great extent. One, two, or three hundred

copies of large works are cheaply furnished, and the market is thus just

so far occupied as to forbid the printing of an edition of one or more

thousands--to the material injury of paper-makers, printers, and

book-binders, and without any corresponding benefit to the foreign author.

Under the proposed system this would be done to a great extent.

Admit, however, that the spirit of the law be fully complied with, and let

us see its effects. Mr. Dickens sells his book in England for 21_s_.

($5.00); and he will, of course, desire to have for it here as large a

price as it will bear. Looking at our prices for those books which are

copyright and of which the sale is large, he finds that "Bleak House"

contains four times as much as the "Reveries of a Bachelor," which sells

for $1.25, and he will be most naturally led to suppose that $3 is a

reasonable price. The number of copies of his book that has been supplied

to American readers, through newspapers and magazines, is certainly not

less than 250,000, and the average cost has not been' more than fifty

cents, giving for the whole the sum of

$125,000

To supply the same number at his price would cost.

750,000

Difference

$625,000

Of Mr. Bulwer's last work, the number that has been supplied to American

consumers is probably but about two thirds as great, and the difference

might not amount to more than

$350,000

Mr. Macaulay would not be willing to sell his book more cheaply than that

of Mr. Bancroft's is sold, or $2 per volume, and he might ask $2.50.

Taking it at the former price, the 125,000 copies that have been sold

would cost the consumer

$500,000

They have been supplied for

100,000

The difference would be

$400,000

Mr. Alison's work would make twelve such volumes as those of Mr. Bancroft,

and his price would not be less than $25. The sale has amounted, as I

understand, to 25,000 copies, which would give as the cost of the whole

$625,000

The price at which they have been sold is $5, giving

125,000

Difference

$500,000

Of "Jane Eyre" there have been sold 80,000, and if the price had been

similar to that of "Fanny Fern," they would have cost the consumers.

$100,000

They have cost about

25,000

Difference

$75,000

Total result of a "few cents" on five books, $1,950,000

Under the system of international copyright, one of two things must be

done--either the people _must_ be taxed in the whole of this amount for

the benefit of the various persons, abroad and at home, who are now to be

invested with the monopoly power, or they must largely diminish their

purchases of literary food.

The quantity of books above given cannot be regarded as more than one

twentieth of the total quantity of new ones annually printed. Admit,

however, that the total were but ten times greater, and that the

differences were but one fourth as great, it would be required that this

sum of $1,950,000 should be multiplied two and a half times, and that

would give about five millions of dollars; which, added to the sum already

obtained, would make seven millions _per annum_; and yet we have arrived

only at the commencement of the operation. All these books would require

to be reprinted in the next year, and the next, and so on, and for the

long period of forty-two years the payment on old books would require to

be added to those on new ones, until the sum would become a very startling

one. To enable us to ascertain what it must become, let us see what it

would now be had this system existed in the past. Every one of Scott's

novels would still be copyright, and such would be the case with Byron's

poems, and with all other books that have been printed in the last

forty-two years, of which the annual sale now amounts to many millions of

volumes. To the present price of these let us add the charge of the

author, and the monopoly charges of the English and American publishers,

and it will be found quite easy to obtain a further sum of five millions,

which, added to that already obtained, would make twelve millions _per

annum_, or enough to give to one in every four thousand males in the

United Kingdom, between the ages of twenty and sixty, a salary far

exceeding that of our Secretaries of State. Let this treaty be confirmed,

and let the consumption of foreign works continue at its present rate, and

payment of this sum must be made. We can escape its payment only on

condition of foregoing consumption of the books.

The real cause of difficulty is not to be found in "the few cents"

required for the author, but in the means required to be adopted for their

collection. Everybody that reads "Bleak House," or "Oliver Twist," would

gladly pay their author some cents, however unwilling he might be to pay

dollars, or pounds. So, too, everybody who uses chloroform would willingly

pay something to its discoverer; and every one who believes in and profits

by homeopathic medicines would be pleased to contribute "a few cents" for

the benefit of Hahnemann, his widow, or his children. A single cent paid

by all who travel on steam vessels would make the family of Fulton one of

the richest in the world; but how collect these "few cents"? Grant me a

monopoly, says the author, and I will appoint an agent, who shall supply

other agents with my books, and I will settle with him. Grant us a

monopoly, say the representatives of Hahnemann, and we will grant

licenses, throughout the Union, to numerous men who shall be authorized to

practice homeopathically and collect our taxes. Were this experiment

tried, it would be found that millions would be collected, out of which

they would receive tens of thousands. Grant us a monopoly, might say the

representatives of Fulton, and we will permit no vessels to be built

without license from us, and our agents will collect "a few cents" from

each passenger, by which we shall be enriched. So they might be; but for

every cent that reached them the community would be taxed dollars in loss

of time and comfort, and in extra charges. It is the monopoly privilege,

and not the "few cents," that makes the difficulty.

We are, however, advised by the advocates of this treaty that English

authors must be "required" to present their books in American "mode and

dress," and that regard to their own interests will cause them to be

presented "at MODERATE PRICES for general consumption." If, however, they

have acted differently at home, why should they pursue this course here?

That they have so acted, we have proof in the fact that the British

government has just been forced to turn bookseller, with a view to

restrain the owners of copyrights in the exercise of power. Who, again, is

to determine what prices are really "moderate" ones? The authors? Will Mr.

Macaulay consent that his books shall be sold for less than those of Mr.

Bancroft or Mr. Prescott? Assuredly not. The bookseller, then? Will he not

use his power in reference to foreign books precisely as he does now in

regard to domestic ones? If he deems it now expedient to sell a 12mo

volume for a dollar or a dollar and a quarter, is it probable that the

ratification of this treaty will open his eyes to the fact that it would

be better for him to sell Mr. Dickens's works at fifty cents than at three

dollars? Scarcely so, as I think. It is now about thirty years since the

"Sketch Book" was printed, and the cheapest edition that has yet been

published sells for one dollar and twenty-five cents. "Jane Eyre" contains

probably about the same quantity of matter, and sells for twenty-five

cents. Of the latter, about 80,000 have been printed, costing the

consumers $20,000; but if they were to purchase the same quantity of the

former, they would pay for them $100,000; difference, $80,000. What, now,

would become of this large sum? But little of it would reach the author;

not more, probably, than $10,000. Of the remaining $70,000, some would go

to printers, paper-makers, and bookbinders, and the balance would be

distributed among the publisher, the trade-sale auctioneers, and the

wholesale and retail dealers; the result being that the public would pay

five dollars where the author received one, or perhaps the half of one. We

have here the real cause of difficulty. The monopoly of copyright can be

preserved only by connecting it with the monopoly of publication. Were it

possible to say that whoever chose to publish the "Sketch Book" might do

so, on paying to its author "a few cents," the difficulty of this _double

monopoly_ would be removed; but no author would consent to this, for he

could have no certainty that his book might not be printed by unprincipled

men, who would issue ten thousand while accounting to him for only a

single thousand. To enable him to collect his dues, he _must_ have a

monopoly of publication.

It may be said that if he appropriate to his use any of the common

property of which books are made up, and so misuse his privilege as to

impose upon his readers the payment of too heavy a tax, other persons may

use the same facts and ideas, and enter into competition with him. In no

other case, however, than in those of the owners of patents and

copyrights, where the public recognizes the existence of exclusive claim

to any portion of the common property, does it permit the party to fix the

price at which it may be sold. The right of eminent domain is common

property. In virtue of it, the community takes possession of private

property for public purposes, and frequently for the making of roads. Not

unfrequently it delegates to private companies this power, but it always

fixes the rate of charge to be made to persons who use the road. This is

done even when general laws are passed authorizing all who please, on

compliance with certain forms, to make roads to suit themselves. In such

cases, limitation would seem to be unnecessary, as new roads could be made

if the tolls on old ones were too high; and yet it is so well understood

that the making of roads does carry with it monopoly power, that the rates

of charge are always limited, and so limited as not to permit the

road-makers to obtain a profit disproportioned to the amount of their

investments. In the case of authors there can be no such limitation. They

must have monopoly powers, and the law therefore very wisely limits the

time within which they may be exercised, as in the other case it limits

the price that may be charged. In France, the prices to be paid to

dramatic authors are fixed by law, and all who pay may play; and if this

could be done in regard to all literary productions, permitting all who

paid to print, much of the difficulty relative to copyright would be

removed; but this course of operation would be in direct opposition to the

views of publishers who advocate this treaty on the ground that it would

add to "the security and respectability of the trade." They would

_prefer_ to pay for the copyright of every foreign book, because it would

bring with it monopoly prices and monopoly profits, both of which would

need to be paid by the consumers of books. To the paper-maker, printer,

and bookbinder, called upon to supply one thousand of a book for _the

few_, where before they had supplied ten thousand for _the many_, it

would be small consolation to know that they were thereby building up the

fortunes of two or three large publishing houses that had obtained a

monopoly of the business of republication, and were thus adding to the

"security and respectability of the trade." As little would probably be

derived from this source by the father of a family who found that he had

now to pay five dollars for what before had cost but one, and must

therefore endeavor to borrow, where before he had been accustomed to buy,

the books required for the amusement and instruction of his children.

Our State of New Jersey levies a transit duty of eight cents per ton on

all the merchandise that crosses it. Had the imposition of this tax been

accompanied by a law permitting all who chose to make roads, no one would

have complained of it, as it would have been little more than a fair tax

on the property of the railroad and other companies. Unfortunately,

however, the course was different. To the company that collected it was

granted a monopoly of the power of transportation, and that power has been

so used that while the State received but eight cents the transporters

charged three, five, six, and eight dollars for work that should have been

done for one. The position in which the authors are necessarily placed is

precisely the one in which our State has voluntarily placed itself. To

enable them to collect their dues, some person or persons must have a

monopoly of publication, and they must and will collect five, ten, and

often twenty dollars for every one that reaches the author. The Union

would gain largely by paying into our treasury thrice the sum we receive

for transit duty, on the simple condition that we abolished the monopoly

of transportation; and it would gain far more largely by doing the same

with foreign authors. If justice does really call upon us to pay them, our

true course would be to do it directly from the Treasury, placing, if

necessary, a million of dollars annually at the disposal of the British

government, upon the simple condition that it releases us from all claim

to the monopoly of publication. Such a release would be cheap, even at two

millions; enough to give $4,000 a year to five hundred persons, and that

number would certainly include all who can even fancy us under any

obligation to them. My own impression is, that no such payment is required

by justice, either as regards our own authors or foreign ones. Of the

former, all can be and are well paid, _who can produce books that the

public are willing to read_, and no law that could be made would secure

payment to those who cannot. Their monopoly extends over a smaller number

of persons than does the English one; and if the more than thirty millions

of people who are subject to the latter cannot support their few writers,

the cause of difficulty is to be found at home, and there must the remedy

be applied. Nevertheless, by adopting the course suggested, we should

certainly free ourselves from any necessity for choosing between the

payment of many millions annually to authors and the men who stand between

them and the public, on the one hand, and of dispensing largely with the

purchase of books, on the other. If the nation must pay, the fewer persons

through whose hands the money passes the smaller will be the cost to it,

and the greater the gain to authors.

The ratification of the treaty would impose upon us a very large amount of

taxation that must inevitably be paid either in money or in abstinence

from intellectual nourishment; and our authors should be able to satisfy

themselves that the advantage to them would bear some proportion to the

loss inflicted upon others. Would it do so? I think not. On the contrary,

they would find their condition greatly impaired. All publishers prefer

copyright books, because, having a monopoly, they can charge monopoly

profits. To obtain a copyright, they constantly pay considerable sums at

home for editorship of foreign books; but from the moment that this treaty

shall take effect, the necessity for doing this will cease, and thus will

our literary men be deprived of one considerable source of profit. Again,

literary labor in England is cheap, because of want of demand; but

international copyright, by opening to it our vast market, will quicken

the demand, and many more books will be produced, the authors of all of

which will be competitors with our own, who will then possess no

advantages over them. The rates of American authors will then fall

precisely as those of the British ones will rise; and this result will be

produced as certainly as the water in the upper chamber of a canal lock

will fall as that in the lower one is made to rise. On one side of the

Atlantic literary labor is well paid, and on the other it is badly paid.

International copyright will establish a level; and how much reason our

authors have to desire that it shall be established, I leave it for them

to determine.

The direct tendency of the system now proposed will be found to be that of

diminishing the domestic competition for the production of books, and

increasing our dependence on foreigners for the means of amusement and

instruction; and yet the confirmation of the treaty is urged on the ground

that it will increase the first and diminish the last. If it would have

this latter effect, it is singular that the authors of England should be

so anxious for the measure as they are. It is not usual for men to seek to

diminish the dependence of others on themselves.

These, however, are, as I think, but a small part of the inconveniences to

which our authors are now proposing to subject themselves. They have at

present a long period allowed them, during which they have an absolute

monopoly of the particular forms of words they offer to the reading

public; and this monopoly has, in a very few years, become so productive,

that authorship offers perhaps larger profits than any other pursuit

requiring the same amount of skill and capital. Twenty years hence, when

the market shall be greatly increased, it may, and as I think will, become

a question whether the monopoly has not been granted for too long a

period, and many persons may then be found disposed to unite with Mr.

Macaulay in the belief that the disadvantages of long periods preponderate

so greatly over their advantages, as to make it proper to retrace in part

our steps, limiting the monopoly to twenty-one years, or one half the

present period. The inquiry may then come to be made, what is the present

value of a monopoly of forty-two years, as compared with what would be

paid for one of twenty-one years; and when it is found that, in nine

hundred and ninety-nine cases out of a thousand, one will sell for exactly

as much as the other, it will perhaps be decided that no reason exists for

maintaining the present law, even if no change be now made. Suppose,

however, the treaty to be confirmed, establishing the monopoly of

foreigners in our market, and that the people who have been accustomed to

consume largely of cheap literature now find themselves deprived of it,

would not this tend to hasten the period at which the existing law would

come under consideration? I cannot but think it would. The common school

makes a great demand for school-books, and both make a great demand for

newspapers. All of these combine to make a demand for cheap books among an

immense and influential portion of our community, that cannot yet afford

to pay $1.25 for "Fern Leaves" or for the "Reveries of a Bachelor,"

although they can well afford 25 cents for a number of "Harper's

Magazine," or for "Jane Eyre." Let us now suppose that the novels of

Dickens and Bulwer, the books of Miss Aguilar, and those of other authors

with which they have been accustomed to supply themselves, should at once

be raised to monopoly prices and thus placed beyond their reach, would it

not produce inquiry into the cause, and would not the answer be that we

had given English authors a monopoly in our market to enable our own to

secure a monopoly in that of England? Would not the sufferers next inquire

by what process this had been accomplished, seeing that the direct

representatives of the people had always been so firmly opposed to it; and

would not the answer be that the literary men of the two countries had

formed a combination for the purpose of taxing the people of both; and

that when they had failed to accomplish their object by means of

legislation, they had induced the Executive to interpose and make a law in

their favor, in defiance of the well-known will of the House of

Representatives? Under such circumstances, would it be extraordinary if we

should, within three years from the ratification of the treaty, see the

commencement of an agitation for a change in the copyright system? It

seems to me that it would not.

Letters on International Copyright; Second Edition · 第 7 / 8 段