.^.^a. IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I 1.25 ^^ m ;!! 1^ 12.0 lit U III 1.6 / ^ '/ .«s^ ^ ^ ^^ ^ cs. V^^"" ^ CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Instituta for Historical MIcroreproductions Institut Canadian de microreproductions historiquas 1980 Technical Notes / Notes techniques The Institute has attempted to obtain the best original copy available for filming. Physical features of this copy which may alter any of the images in the reproduction are checited below. L'Instltut a microf iimi le meilleur exemplaire qu'il lui a 6t6 possible de se procurer. Certains dAfauts susceptibles de nuire it la quality de la reproduction sont notis ci-dessous. D Coloured covers/ Couvertures de couleur D Coloured pages/ Pages de couleur D EZl Coloured maps/ Cartes g6ographiques en couleur Pages discoloured, stained or foxed/ Pages d6color6es, tacheties ou piqu6es D D Coloured plates/ Planches en couleur Show through/ Transparence D Tight binding (may cause shadows or distortion along interior margin)/ Reliure serr6 (peut causer de I'ombre ou de la distortion le long de la marge int6rieure) D Pages damaged/ Pages endommagdes Additional comments/ Commentaires suppl6mentaires Original copy restored and laminated. Bibliographic Notes / Notes bibliographiques □ Only edition available/ Seule Edition disponible Bound with other material/ Reli6 avec d'autres documents Cover title missing/ Le titre de couverture manque D D D Pagination incorrect/ Erreurs de pagination Pages missing/ Des pages manquent Maps missing/ Des cartes giographiques manquent □ Plates missing/ Des planches manquent D Additional comments/ Commentaires supplimentaires The images appearing here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. Les images suivantes ont 6tA reproduites avec !• plus grand soin, compte tenu de la condition at de la nettet* de I'exempialre f ilmt, et en conformity avec les conditions du contrat de filmage. The last recorded frame on each microfiche shall contain the symbol -^ (meaning CONTINUED"), or the symbol y (meaning "END"), whichever applies. Un des symboles suivants «pparattra sur la der- nidre image de cheque microfiche, sision le cas: le symbols —► signlfie "A SUIVRE", le symbols V signlfie "FIN". The original copy was borrowed from, and filmed with, the kind consent of the following institution: Library of the Public Archives of Canada l\/laps or plates too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: L'exemplaire filmA fut reprodult grAce A la g6n6rosit6 de I'itablissement prAteur suivant : La bIbliothAque des Archives publiques du Canada Les cartes ou les planches trop grandes pour dtro reproduites en un seul ciichA sont film6es i partir de Tangle supArieure gauche, de gauche A droite et de haut en bas. en prenant le nombre d'images n6cessaire. Le diagramme suivant illustre la mAthode : 1 »■■■■■ 2 3 1 2 3 4 5 e r COPYBIGHT IN CANADA. I COPYRIGHT IN CANADA. Below are reprinted editorial articles from leading Canadian papers, protesting against the adoption of the Berne Bill, and making strong appeals for a just Canadian Copywright law. {From the Toronto Telegram, Oct. 26.) A Narrow Escape. The reading public of Canada have very little idea of the narrow escape they had, during the session of parliament, from a complete break up of the present system of supply of books and periodicals. The bill which was to revolutionize the reading habits of the Cana- dians was suddenly spning upon the house and was to have been pressed through without delay. To do the Ministry justice it should be said that from the wording and from the unexpected and sudden way in which it fell from the clouds, it was evidently pre- pared in England, and was sent out in the interests of the English publishers. Its wide reach was not perceived until the newspaper abstracts attracted the attention of a few who could read between the lines, when it was seen to be in reality an act for compelling Canadians to buy all their books in England and to render contra- band all other editions but those published there. Now if the English publishers would rise to the level of their privileges and publish with a view to the whole Empire, such a bill might have some justification, but they had not done so a"nd never will do so. They publish with a view ^o the narrow English circulating library system— to the Mudies and Smiths of the great English cities— a sys- tem adapted only to dense centres of population, and which utterly ignores the fact that in countries like Canada such methods are in- applicable. The bill which was held over at the last moment was Bimed to introduce this system into Canada. It would have shut off the supply of new books from the farmer and artisan, and, mak- ing our Parliament a catspaw for the London publishers, woidd have made reading a luxury for a few rich people in large cities. The people of Canada will not be content to wait forty-two years for their cheap edition — until, in short, the copyright has expired. They want to read books while they are new and while the news- papers are discussing them. i 4 Opening at random the Loudon Bookseller, of October 9thf we find among the new novels, to appear early in October " In Far Loohaber," by William Black, in three volumes^ crown octavo, 31e. 6d, equal by mere difference in money to $7.50 without counting duty and freight. This book may be had at the present instant at our bookstores for $1.25, in a handsome library volume, and at 40 cents in paper. Had the English publishers bill become law all editions but that at $7.50 would be contraband and liable to seizure at the frontier and in the book- stores. Some time next year there will no doubt be an English edition at 6s. ; but by that time we shall have forgotten all about the book. We cannot wait in Canada until all the circulating library folks in England are quite done reading a book before we commence to see the 6s. edition of it, and that price even is too high. If, however, we wish to wait for forty -two years we shall be able to get a 2s. or 60c. edition from England. Then again, if such a bill should ever pass, we shall have to do without Blackwood's Magazine or pay 75c. a month for it. The quarterlies will aU cost $1.50 each number. LitteU's Liv- ing Age and the Eclectic and all periodicals which contain any- thing selected from English sources will be contraband. The side of the New York papers, with Dr. McKenzie's account of the Emperor Frederick's illness would be illegal. The consequences of such legislation would reach to the most remote settlement in the distant North-west. It would compel the employment of a special staff to enforce it and throw this country entirely, for its reading, upon the original productions of American authors. {From the Movitreal Gazette, Oct. 23.) Copyright. We publish in another coluim a report of a meeting of the Canadian Copyright Association held in Toronto on the 18th inst. The report, with the resolutions adopted, states the facts very clear- ly. It is beyond a doubt that if such a bill as that brought in last session ever becomes law the interests of publishers, booksellers, printers, and readers will be very seriously injured. As the law stands now Canadians are able to iinport from the United States the cheap editions published there. The original editions in Eng- land are made at a very high price and are aimed to supply the circulating Ubrariee. Very few even of the wealthy buy these books. The oiitmlatmg library doee the work of the bookseller nntQ after some time, if the book meets with favor, a cheaper edition is brought out so that a novel originally published at Sis. 6d. is, after a year or two, issued at 6s. In the meantime we in Canada have read the book in the United States edition long before the 6b. edition has appeared in England. We should even be debarred from obtain- ing those cheap editions which the American agencies of English houses often prepare for the American market. The 68. edition of Robert Elsmere, for instance, prepared for the American market by MacMiUans, is not yet out in England. The days of cheap literature would be over and Canadians would read in the English and United States papers reviews of books which they could not see for years. In the case of patents the National Policy has demanded man- ufacture in Canada. The Government will protect any patentee on condition that, within a certain time, he will manufacture his patented article in the country. It is only reasonable to apply the same rule to books. The Canadian Government laid down in 1870, the following principle. It was embodied in a minute of Council and forwarded to England long before the National Policy was thought of ; " The important point of issue, and on which the views " of the London publishers and of the people, both of Canada and '* the United States, are irreconcilable, is, that the former insist " upon the extension of copyright without local publication, and " to this the latter will never consent." It will be a very remark- able thing if a Government pledged to a National Policy goes back on this principle, laid down so long ago as 1870; and adopts an anti-national policy in such an important matter as that of copyright. The Berne convention requires that the citizens of each concurring country shall have all the privileges of a tiative in every other concurring country ; the Canadian law already grants that, but the proposition is now, to radically change the whole law to suit the London publishers. It is time that Canada made her own copyright laws free from the dictation of the English Par- liament. The Imperial Copyright act of 1842 is a relic of a by- gone time, the only one remaining on the Statute book. An at- tempt to enforce that act under cover of the Berne convention must be an utter failure and will lead to an intense irritation. (From the Toronto Olohe, Nov. 5.) Downing Street Dictation of Copyright Law for Canada. Manufacturers and traders in defending their personal interests, seldom have the good fortune to be also defenders of the public interest. But this is the situation of the Canadian Copyright As* Bociation in opposing the Berne Bill. It is a piece of legislation pressed on the Canadian Parliament by the British Government for the sole benefit of British publishers. The bill is the outcome of a conference held at Berne a few years ago, which resulted in an agreement between a number of European countries for the pur- pose of securing copyright in all to the authors or publishers of each. The British negotiators took the liberty of presuming Can- ada to be part of Great Britain in respect of copyright, and totally disregarded the interests of the Canadian people, their book manu- facturers and booksellers. The matter is one to which the prin- ciple of Home Rule must be applied. The Berne Act, as introduced in the Dominion Parliament, would annul our present copyright law, which makes the manufacture of a book in Canada necessary to copyright ill Canada. The Berne Act would leave the British owner of a copjnright control of its pub- lication in Canada, would enable him to prohibit the manufacture of any particular book in the country, would enable him to sell Canadian copyright to an American author publishing in Great Britain, would cut off our people entirely from cheap American re- prints of British books, would do away with cheap Canadian reprints, aud all this without a particle of benefit to British authors. ] Instead of the Berne Act the Canadian Copyright Association propose a bill which,, if enacted, would be fair all round. It is thus summarised by The Canadian Bookseller : — *• 1. It gives the right to the British or foreign author to register his copyright in Canada, and thus protect his interest, or, failing that, then that any native publisher shall be free, after a stated interval, to reprint such British copyright, on such terms and conditions as will be beneficial to the author. ''2. It gives no rights or privileges in Canada to the American author, either directly to himself or indirectly to his English copyright publisher, so long as the united States withhold similar rights and privileges from the English or Canadian author. / '* 3. It allows the importation into Canada from the United States of all British copyright works that are not actually printed and published in Canada." The effect of which would be, not to flood our market with pirated American reprints, but to give our publiahers and bookaellers the reprinting and handling of new British and foreign books on terms beneficial to authors and satisfactory to the Canadian public. {From the Monetary Time*^ Oct. 26.)- Copyright in Canada. The meeting of the Canadian Copyright Association, in To- ronto, last week, was fairly representative of the publishing trade. Whether the Berne convention, shall bo ratified by the Canadian Parliament is a question which especially concerns our publishers. A bill to give effect to it was introduced last session, but was with- drawn or held over. If this bill had become law, British copy- rights would extend to Canada, even though the works were not published here. To the passing of this bill the Canadian Copy- right Association is opposed, and we think there are good grbunds for the opposition. A Canadian author cannot secure copyright in this country unless his».work is printed here ; and it would not be reasonable to give a British subject not resident hero greater rights than the inhabitants of the country. Copyright is everywhere subject to limitations. As a rule it is subject to limitations both as to time and territory. The argu- ment for making copyright perpetual, which Lord Maoaulay op- posed with singular force, is stronger than that for makmg it extend over countries other than that of which the author is a citi- zen or a resident. The practice of limiting copyright in point of time justifies its limitation in space. If a self-governing country, as Canada is, may refuse to grant copyright to British subjects who reside in Great Britain, much more may it prescribe the terms on which it may be granted. And this is what the Coryyr-'ht Association proposes to do. Instead of accepting the Bp .ue i- vention, the Copyright Association proposes conditions on which British authors can secure copyright in Canada. The Canadian Copyright Association does not propose to legalize literary piracy. It does not propose that, in any case, a Canadian publisher should be allowed to appropriate an English book, by republication, with- out accounting to the author. But it does projXMe that our Leg- islature should fix the rate of remuneration at ten per cent, on the retail price of each copy, which is as much as Canadian authors An objection to the author's remuneration being fixed with- out bis oonocirr^noe may be antioipated by saying that this is the percentage agreed between the Bntish and Canadian Ck>Yemments, long ago, to be charged upon the importation of American re- prints of British works, when the author makes application to have tiie amount collected. If the rule is just when appHed to im|>orted reprints, and the British Qovemment has decided that it is, it can- not be objectionable when the reprint is undertaken in Canada, by a Canadian publisher, of a work the right to republish which has been abandoned by ite author. The author would always have the right to republish ; and he would, besides, be secured ten per cent, on the retail price of a publication which he declined to un- dertake. The fairness of this arrangement is not open to reason- able objection. Whether the Canadian publisher lost or gained on the venture, the British author would get a per centage on each copy. If only a small number of copies were sold, the publisher would be a loser, but the author would get something. I \ «»%l I