Only brief allusion can be made to the most recent (and in some respects most important) advance step which has been taken in copyright legislation in the United States. This act of Congress is aimed at securing reciprocal protection to American and foreign authors in the respective countries which may comply with its provisions. There is here no room to sketch the hitherto vain attempt to secure to authors, here and abroad, an international protection to their writings. Suffice it to say that a union of interests was at last effected, whereby authors, publishers and manufacturers are supposed to have secured some measure of protection to their varied interests. The measure is largely experimental, and the satisfaction felt over its passage into law is tempered by doubt in various quarters as to the justice, or liberality, or actual benefit to authors of its provisions. What is to be said of a statute which was denounced by some Senators as a long step backward toward barbarism, and hailed by others as a great landmark in the progress of civilization?
The main features added to the existing law of copyright by this act, which took effect July 1, 1891, are these:
1. All limitation of the privilege of copyright to citizens and residents of the United States is repealed.
2. Foreigners applying for copyright are to pay fees of $1 for record, or $1.50 for certificate of copyright.
3. Importation of books, photographs, chromos or lithographs entered here for copyright is prohibited, except two copies of any book for use and not for sale.
4. The two copies of books, photographs, chromos or lithographs deposited with the Librarian of Congress must be printed from type set, or plates, etc., made in the United States. It follows that all foreign works protected by American copyright must be wholly manufactured in this country.
5. The copyright privilege is restricted to citizens or subjects of nations permitting the benefit of copyright to Americans on substantially the same terms as their own citizens, or of nations who have international agreements providing for reciprocity in the grant of copyright, to which the United States may at its pleasure become a party.
6. The benefit of copyright in the United States is not to take effect as to any foreigner until the actual existence of either of the conditions just recited, in the case of the nation to which he belongs, shall have been made known by a proclamation of the President of the United States.
One very material benefit has been secured through international copyright. Under it, authors are assured the control of their own text, both as to correctness and completeness. Formerly, republication was conducted on a "scramble" system, by which books were hastened through the press, to secure the earliest market, with little or no regard to a correct re-production. Moreover, it was in the power of the American publisher of an English book, or of a British publisher of an American one, to alter or omit passages in any work reprinted, at his pleasure. This license was formerly exercised, and imperfect, garbled, or truncated editions of an author's writings were issued without his consent, an outrage against which international copyright furnishes the only preventive.
Another benefit of copyright between nations has been to check the relentless flood of cheap, unpaid-for fiction, which formerly poured from the press, submerging the better literature. The Seaside and other libraries, with their miserable type, flimsy paper, and ugly form, were an injury alike to the eyesight, to the taste, and in many cases, to the morals of the community. More than ninety per cent. of these wretched "Libraries" were foreign novels. An avalanche of English and translated French novels of the "bigamy school" of fiction swept over the land, until the cut-throat competition of publishers, after exhausting the stock of unwholesome foreign literature, led to the failure of many houses, and piled high the counters of book and other stores with bankrupt stock. Having at last got rid of this unclean brood, (it is hoped forever) we now have better books, produced on good paper and type, and worth preserving, at prices not much above those of the trash formerly offered us.