8. _Amendment of the copyright law._

The possible amendment of the copyright laws is a subject which my time

does not permit me to consider in detail, even were that deemed

desirable. The law now in force consists of the Act of July 8, 1870, as

edited to become title 60, chapter 3 of the Revised Statutes, and ten

amendatory acts passed subsequently. Naturally there is lacking the

consistency and homogeneousness of a single well-considered copyright

statute. It is possible that Congress will presently be willing to take

under consideration, if not the re-codification of the copyright laws,

then, at least, some amendment of them. An increase in the period of

protection has frequently been urged, with some advocacy of perpetual

copyright. As the Federal constitution, however, distinctly provides

that the protection granted the writings of an author is to be for a

_limited time_, an amendment of the constitution would be necessary

before Congress could enact perpetual copyright, and such alteration of

the fundamental law of the land is not probable.

Much might be said for an increase in the period of protection. It is

for a shorter term of years than that provided by most modern copyright

legislation, and the trend of such lawmaking has been in the direction

of an increase in the length of time during which the author or his

heirs could control the reproduction of his work. It should be borne in

mind that for books of little value the length of the term of protection

is of no great consequence. "Dead" books are not affected by the length

of the term of copyright. In the case also of popular new books, the

great sales and consequent disproportionate remuneration comes within a

short period of time after publication, and are not likely to continue

during a long term of copyright. On the other hand, many books of great

and permanent value not unfrequently make their way slowly into popular

favor, and are not fully appreciated until many years after publication.

For such books--the results, perhaps, of long years of study and

labor--an equitable return cannot be secured except by a long term of

protection.

Perhaps the most urgently desirable forward step in respect to copyright

is the adhesion of the United States to the Berne convention, thus

securing the inclusion in the International Copyright Union of our

country, the leading one of the three great states not yet members of

this admirable association of nations. Were the United States a member

of the Berne Union a compliance with the statutory provisions of our own

laws alone would secure copyright protection not only within the limits

of the United States, but practically throughout the whole book-reading

world--Great Britain, all Europe (except temporarily Russia, Austria,

and Scandinavia), Canada and Australia, India, Japan and South

Africa--thus increasing the possible reading public of American authors

many fold. It would seem that considerations of justice to our large and

constantly increasing national contingent of literary and artistic

producers requires this advance of such great practical importance. It

is the easier of accomplishment because it involves the adoption of no

new principle, but only the extension of the principle embodied in the

Act of March 3, 1891, namely, reciprocal international exchange of

copyright privileges, and in return for the advantages which would

accrue to our own citizens, only obligates the extension of copyright in

the United States to the subjects of such countries as are members of

the Union. Of the members of the International Copyright Union, all the

great nations already enjoy copyright in the United States, and it would

only remain to extend this privilege to the citizen authors of the six

minor states that are members of the Union, namely, Hayti, Japan,

Luxembourg, Monaco, Norway and Tunis.

Papers and Proceedings of the Twenty-Third General Meeting of the American Library Association Held at Waukesha, Wisconsin, July 4-10, 1901 · 第 60 / 275 题