AMERICAN COPYRIGHT
(To the Editor of The London Mercury)
Sir,—In the second number of The London Mercury I note a reference in an Editorial Note to the status of the copyright relations between America and Great Britain.
You emphasize the unsatisfactory status of the American copyright law. It is the case, as you point out, that the provision inserted in the original International Act which went into effect in 1891, and in the amended Act which became law in 1909, makes it a condition that any book, whether by an American or an English author, must, in order to secure copyright protection in the United States, be published in an edition "wholly manufactured" within this country. It has also been the law up to within the past fortnight that the American edition must be brought into the market within a term of not less than sixty days from the date of publication in Great Britain.
This Act, as amended in 1912 and again in December, 1919, represents the largest measure of copyright protection that it has thus far been found practicable to secure for transatlantic authors. The fight to secure any measure of recognition for the property rights of foreign authors had continued from 1837 (when my father organised the first Copyright League) to 1891, when a provision for international copyright first found place in the American statute. I succeeded my father as the Secretary and executive of the International Copyright League.
As a representative of this League (which at that time comprised authors as well as publishers) I took to Washington in 1886 the draft of a Bill which, if enacted, would have enabled the United States to become a member of the Convention of Berne. After four years of effort with two successive Congresses, I was obliged to report to the Copyright League that there was no possibility of securing favourable attention for any international copyright measure that did not make provision for American manufacture.
The Book Manufacturing Union, comprising typesetters, printers, binders, etc., had made clear to Congress that they would block the enactment of any measure that did not include the manufacturing requirement. In this position they were supported by the other unions which had no direct interest in, and in fact no knowledge of, the matter at issue. The unions have, wisely, probably for their own interests, held increasingly to the policy of giving a general support to a claim made by any one union or group.
Our League took the position that it was wiser to secure such measure of recognition for literary property as was then practicable rather than to leave without protection the books of transatlantic authors, and the authors and publishers of Great Britain were in full accord with this decision.
We are obliged to report that the unions have to-day a stronger influence over Congress, and as a rule over the executive, than they had in 1890. There is no possibility of securing the cancellation of the manufacturing requirement unless, or until, the book manufacturing unions can be persuaded to give their assent. There has been an increasing effort to this end, and we hope yet to be able to make clear to the book manufacturing trade that the American printers and binders are now quite strong enough to secure their full share of the work done, and that they do not need this special restriction in their favour.
We have just succeeded in securing the enactment of an amendment, a copy of which is enclosed.
This amendment has two purposes:
First:—The extension of the ad interim term of copyright from sixty to 120 days.
An English author now has four months' time within which to complete the arrangements for his American edition, and there is no reason why any book having value for American readers should not secure the full protection of American copyright.
Second:—The Bill has the further purpose of giving protection to the books of transatlantic authors which, under the special conditions of the years of war and the dislocation of transatlantic mails, had failed to fulfil the requirements of the copyright law. These books, as far as they may not already have been appropriated, are now placed in a position to meet these requirements and to secure copyright for the full term. It is, however, a condition of this special protection that the British authorities shall give reciprocal protection to books by American authors which, under the same war conditions, have failed to meet the requirements of the English statute and have, therefore, forfeited the protection of the British Copyright Act.
The American authors have here a fair ground for complaint against Great Britain.
The British Act of 1912 provides that copyright protection will be accorded only to a book which has been brought into bona-fide publication, and the Courts take the ground that this means placing "adequate supplies" of the book in the market within the term specified, fourteen days. This term is, you will note, very much smaller than the sixty-day term granted in the earlier American Act, or the 120 days which are now available.
In 1916 books were included under the heading of luxuries, the importation of which into Great Britain was prohibited by the embargo Act. Great Britain had, therefore, granted copyright with one hand and with the other, under this embargo Act, had made it impossible for American authors to meet the requirements of the Copyright Act. The copyright arrangement between the United States and Great Britain that went into effect in 1891, and that was confirmed by the Act of 1912, carried with it the obligations of a treaty, and the embargo Act constituted, therefore, as far as copyright was concerned, a violation of the treaty obligation.
I found, in bringing this matter in 1918 to the attention of the Comptroller-General, that this consideration had not occurred to the British authorities at the time of the embargo Act.
I pointed out to the Comptroller-General that as a result of this embargo provision property rights had been lost not only for American authors, but for a certain group of British authors who, not being able under the manufacturing difficulties of the war period to secure prompt publication of their books in Great Britain, had made first publication in the United States. In so doing they had forfeited their British copyright, although it had been their impression that they would be able when the war had come to an end to secure protection for British editions. The Comptroller-General agreed that the condition was unsatisfactory, and agreed further that if the United States would do what was now practicable to protect the publications of the war period a similar protection of books of American authors would be arranged for by the British authorities.
A fortnight back, on the day on which the President signed the Bill, I cabled the report to the Comptroller-General that books by British authors issued during the war period would be protected in America as soon as the British authorities were prepared to grant reciprocal protection. I hope to hear that prompt measures have been taken to such effect. Lord Askwith has, I may mention, interested himself in the matter and will, I understand, take prompt action to initiate the necessary legislation.
I can but think that those who are critical of the present status of the American copyright law should understand that the unsatisfactory provisions in the law do not represent the opinion of the American people, but the disproportioned influence of the manufacturing unions. It would be in order also to give some measure of appreciation to the American publishers and authors who have for many years been doing what was in their power to secure adequate recognition for literary property on both sides of the Atlantic.—Yours, etc.,
Geo. Haven Putnam.
The American Publishers' Copyright League,
Office of the Secretary, 2 West 45th Street, New York, January 3rd.
[Major Putnam's news, which we briefly recorded in our Editorial Notes last month, is excellent hearing. In congratulating him on his work in connection with copyright we must also mention the Authors' League of America and our own Authors' Society, with their respective indefatigable secretaries, Mr. Eric Schuler and Mr. G. Herbert Thring.—Editor.]