HERE is one of those obvious subjects with but one side and admitting
of only one contention. A question so crying could not but have
had many exponents, one so transparent must have many times over
gathered unto itself all the possible argument. Therefore, I shall
be very brief where I have to state what has been said so often and so
well before. The laws of nations upon Copyright, so far, bears the
impress of a parentage that was blind to the fact that neither oceans
nor political lines can intellectually divorce a group of nations
speaking the same language, and wedded to a common literature. The
literature and thought of a group of countries, having but one language
for all, in making their great cycles, will not be thwarted by political
barriers. The literature of such a language is a confederation
unto itself; it ignores the division of monarchies and democracies, and
distance its greatest enemy to unity has been conquered by steam.
We have no longer a British and an American literature, but a great
republic of English letters, belonging not less distinctively as a
possession and as a characteristic of thought and culture to the New
World than to Great Britain, the homestead of our Cis-Atlantic people
and speech. The works of Matthew Arnold, of Ruskin, of William
Black, find in America as large a proportion of readers as in
England, while the books of our American writers do not fare less well
with the British public. Where distances is not reduced to the
lest point by the frequency of rapid steamers which carry from one side
of the Atlantic to the other the new works before they are cold, it is
annihilated by simultaneous publication, the reader in New York or
London, getting into his hands the book or important periodical that
appears the same morning on the other side of the Atlantic. But
while Science, improved printing facilities, and an imperative desire
for community of share in the common stock have declared that all
English wherever written belongs to one republic of letters, the Statute
Books of the nations maintain bars to brotherhood, at once unwise,
unnatural, but fortunately not all-potent for the narrow and mischievous
results at which they point. From these self-obvious facts it is
apparent that wisdom lies only in giving to all countries, whatever be
their nationality, that have a common literature one common law.
But, if a treaty of Copyright between the United States and Great
Britain and the Colonies is desirable for the sake of literature, it is
of equal moment to authors and publishers of repute, while it could not
be contrary to the interests of the reading masses. It is hardly
necessary to argue here that the old laws regarding Copyright merely
embalmed the barbaric myth that as everything belonged to the king—the
gold and precious stones digged up from the earth, the continents
discovered by loyal subjects, and the persons of all liegemen in the
realm—that, therefore, the sovereign who really
owned the author might appropriate his brain-products for the benefit of
the commonwealth. At this day, however, the author is regarded to
have as much right in his book as the inventor has to any mechanical
contrivance evolved from his own brain; but the law protecting patents
is rigid and inexorably enforced.
It
is the trade of some to write books, and their livelihood is derived
from a sale of their works: the publisher who, because unforbidden by
his nation's law, takes these books without making some recompense to
their author is neither an honourable nor an honest man. It is
about as just and as high-minded as if, instead of stealing books, he
waited upon the quay till a ship laden with merchandise from an alien
port cast anchor, and that then, fearing no molestation from his
country's laws, he boarded that vessel, seized the cargo—which belonged to some one in the foreign
country—and sold it over the land for his own profit. There is,
unfortunately, a strange lack of united action among authors in seeking
for international copyright. It seems certain that if they moved
resolutely as a body they would have the assistance of all publishers of
good name and standing, and must succeed. And at this late hour,
when even some honourable houses have begun to soil their reputations,
they would have a potent assistance from the publishers. But there
is a diseased trade-morality abroad through the United States which,
perched on the top of every pirate's press, will tell you that this is
an age of twenty-cent books; that the masses now read, and that they do
not read dollar books; that international copyright would abolish cheap
reading; that, therefore, the rule which now obtains is the greatest
good of the greatest number; and that the interest of a dozen authors is
small when put in the scale against the whole people of America.
If it were true that international copyright would abolish cheap reading
for the masses, it could not make the practice of stealing more
honourable or capable of defence; though as a matter of fact it would
not lead to the supersession of cheap books, but would bring the trade
into the hands of respectable publishers, and compel those who now grow
rich upon theft to become honest, and to compete in an upright business
way with their confrères. The voter who buys a twenty-cent
book is reluctant, for the sake of a morality and an honesty that he
does not bring home to himself, to surrender his privilege of cheap
reading; but he would find that piracy, not he, would be called on for a
sacrifice; that a certain portion of readers, those especially who have
libraries, great or small, would, and do now, buy dollar books; that as
soon as the publisher, protected by copyright law, saw a market for the
dollar book in twenty-cent form, he would respond to the demand; that
cheap books and expensive books each appeal to their own special field,
and that no one would suffer save the publishing houses of soiled
reputations, while upright publishers would thrive, and book-printing
become once again a pure calling; while authors, who have to live by the
product of their brain, as the artisan who earns his bread by the
cunning of his hand, would have his due, though nothing more.
Home
to Canadian doors more keenly than anywhere else comes one of the brood
of grievances begotten of existing copyright law. Canadians,
having the honour of being a Colony of Great Britain, cannot make laws
upon copyright, but must accept legislation at the hands of law-makers
in England. A clause in the Imperial Act provides that, "the
author of a book first published in Her Majesty's Dominions, shall,
whether he is or is not a British subject or domiciled or resident in
Her Majesty's Dominions, be entitled to copyright in the book throughout
Her Majesty's Dominions." Then we come to what are meant to
be the Colonial clauses of the British Act, whereby it is provided that
a Canadian author who takes out a copyright under the Canadian law
thereby secures copyright through the British Dominions. Such
generosity must have exhausted the Lords who consented tot he law, as it
must have put into ecstacy all those who feel themselves honoured by
their connection with the empire. But just what our standing is as
colonists, the imperial Legislature, a little further on in the act, do
not suffer us to forget. They are aware that we have a few
typesetters in Canada, and some publishers that know something about
printing and binding books, but our modes of setting types, and making
books is only colonial, and unworthy of British readers. Hear this
proviso: "Where a book is first published in a British possession,
and not published in the United Kingdom, in number and manner
suitable for general circulation therein, after one month from first
publication any person may apply to Her Majesty in Council for a
judicial license to publish the same which may be granted upon such
conditions as seem just; and if any book is not so published within six
months after first publication, any person may apply to Her Majesty in
Council to be allowed to import foreign reprints of the book:"
which means that if a Canadian author bring out a book in Canada, and if
the printing and binding of the volume do not meet the taste of the
foreign law-makers, it may be reprinted to suit English readers, whether
the Canadian author and publisher are willing or unwilling; but if an
English author bring out a book in London which in "manner" of
make proved unsuitable to Canadian readers, and a Canadian publisher to
suit his customers made a new edition of the book, he would be
fined. This surely is one strong mark of our equality in the
empire, and ought to go far to hush the mouths of those who talk about
nationality.
But
this is not the chief benefit which colonialism and the barbarous state
of copyright law confers on Canada. An English author bringing out
a book in London obtains copyright throughout the British Dominions; and
the Canadian publisher who reprints his book without authority is, very
properly, visited with the penalty of the law. But the American
pirate seizes the English book, reprints it, and sends it into Canada by
paying fifteen per cent. and the author's royalty, into the custom
house. This is an actual surrender of the Canadian market to the
American publisher at an agreed price, while our own publishing houses
must stand with folded arms. Under the same clause, an Englishman
acting for an American author can secure copyright in Canada, while the
Canadian author and publisher are given no protection in the United
States. Canadian publishers ask that copyright be withheld in
Canada from the American author, but they are likely to be met with the
very convincing answer that this would be, if the exceptional
circumstances noted were without weight, to fly in the face of the best
feature of the British copyright law, namely, that which refuses
copyright to no author that gives to any part of the British possessions
priority of publication. But the exceptional circumstances of the
case are momentous: Canada is confronted by an army of pirate
publishers, and her Government opens the door and lets them in by paying
a royalty toll of twelve and a-half per cent., while the entry-ways are
kept shut against her own book-makers. The only way out of the
difficulty seems to be—pending the adoption of a copyright treaty
between America and Great Britain—a surrender to Canada of the right
to make her own laws upon copyright as upon finance and trade; and the
Canadian Legislature will be criminally derelict of its duty if it does
not take steps towards attaining that end. The opinion amongst
some Canadian publishers seems to be that the Canadian Legislature ought
to dictate the royalty and import the book at the rate fixed, whether
the English author is willing or unwilling; and the proposition, which
to me seems monstrous, is practically admitted by the Imperial and
Canadian Governments in their dictation of a royalty-rate where the book
comes from one of the American pirate-houses. Upon the other hand,
I do not think it is necessary for those who ask a change in our
copyright law to assure us that the British author will not suffer in
consequence. We have adopted a fiscal policy in Canada,
notwithstanding that the manufacturers in England protested, and that
they have suffered some loss by the operation of our law. In a
question of this kind, the author has no more to expect than the cutler
or the cloth-weaver.