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CIHM/ICMH 
 
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/. 
 
 
 CANADIAN C0PYR1(;HT. 
 
 The following editorials have apponred in the Toronto Telegram, 
 
 !and were from the pen of a gentleman thoroughly versed in the 
 (juesticm of Copyright. In these articles he deals with several 
 important points connected with Copyright in Canada. 
 
 THE BERNE CONVENTION. 
 
 In 1883 the authors of several of the leading Continental States, 
 feeling that great inconvenience was caused by the differing copy- 
 right laws of different countries, and by the distinction which in 
 many countries existed between the rights of foreigners and natives, 
 met together at Berne to consider the matter. They recognized 
 the fact that they could not hope to make a uniform copyright law 
 for all countries ; but they thought it possil)le that the natives and 
 domiciled residents of all the countries which might be brought to 
 concur, might be put upon an equal footing ; so that, for instance, 
 a French author might have in (xermany all the rights of a Ger- 
 man ; in Italy all the rights of an Italian ; m Sweden all the rights 
 of a Swede, etc., etc. This proposition was formulated to the first 
 Article of the Convention of 1883. It was repeated in the second 
 Article of the Diplomatic Conference of 1884. The proceedings 
 were in French. The following is a translation of the article : — 
 
 " Subjects or citizens of each one of the contracting States shall 
 enjoy in all the other States of the union, so far as the copyright 
 of authors in their literary and artistic work is concerned, the ad- 
 vantages which the respective laws of these nationi? now accord, or 
 in future shall accord, to native' citizens. In consequence they 
 shall have the same protection as native citizens and the same 
 legal recourse against infringement on their rights, when they 
 comply with the formalities and conditions demanded by the laws 
 of the'countrv where the work originates." 
 
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 Tho formalities and fcnditions ovidonlly refer to iho re<ifist 
 conditions, so that tho principle forinulated was simply this . 
 when an author has registeri'd his worlc under the hiw of j 
 cation of his own country he shonhl have all the benefit of ♦ 
 isting laws of other conutries to tho same extent ( and t > no ^ 
 extent ) as u native of that country could have. Thus a 1' 
 author, having entered his book in France with tho formal 
 presciibed by the laws of France, would be held to have rcjijistt 
 it in all other contracting countries. His copyright would n(/ 
 invalid foi* defect of form, nor for delect of nationality, so that 
 copyright pur[H)se8 a citizen of each contracrting country wo 
 become a citizen of every other contracting country. He (M)v 
 appeal as a native without discrimination to the same laws. TI 
 could never l)e done in the United States. The copyright la 
 of that nation are lor citizens only. No alien can accpiire c<., 
 right. No work of an alien can be protected from re])rint by a, 
 preiaution which can be taken. Every literary work of an ali 
 is fair prize, just as formerly an Algerin© corsair nia<le |)rize of f 
 non-Mohanmiedan merchantman found upon the high seas. ' 
 is the present law of the most enlightened nation in tlie work 
 The Berne Convention adopted another principle. It set f, .]t . t'ip' ^, 
 l)reak down the national barriers and to enact a common Nat^J 
 ization Act for all contracting nations, so far as literary 
 artistic property is concerned. 
 
 The Berne Convention did not set out to change the nmni« 
 laws of each country, but the bill sent (mt from England foi 
 parliament to pass (and which nearly slipped through) set 01 
 do just that thing. If any Canadian now writes a book and wjt 
 a copyright in Canada he must print it in Canada. That Avas 
 principle deliberately adopted bt/ Mr. Markcnzi(>\^ Govern )neni 
 1875, when the present Act was passed, yet we saw that in Ir 
 under a National Policy, an Act nearly slipped through in whiv 
 that principle was abandoned. 
 
 The principle of the existing Canadian Act is the very same ; 
 that of the Berne Ccjnvention. The Canadians had anticipated i 
 It accords to the citizens of every nation, having an internation 
 copyright treaty with England, the same privileges as Canadiji 1 
 upon the same Conditions as Canjidians. It does' not demand th 
 type-setting. The stereotype plates may be iinjjorted, bu' it dt 
 demand the printing in Canada. What 'the Berne Convention . 
 been twisted into is the abandonment of printing books in Cana 
 
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 3 
 
 A NARROW ESCAPE. 
 
 T'fe reading public of (Jauada have very little idea of the nar- 
 *«*^ escape they h«^d during the session of parliament, from a 
 ' -.iplete break up of the present system of supply of books and 
 tiodicals. The l)ill which was to revolutionize the reading 
 •Hts of the Canadians was suddenly sprung upon the house 
 d was to have been pressed through without delay. To do the 
 inistry justice it should be said that from the wording and from 
 ie unexpected and sudden way it fell from the clouds, it was 
 idently prepared in England, and sent out in] the interests of 
 16 English publishers. Its wide reach was not perceived until 
 le newspaper abstracts attracted the attention of a few who could 
 ^ad between the lines, when it was seen to be in reality an act for 
 bmpoUmg Canadians to buy all their books in England, and to 
 mder contraband all other editions but those published there. 
 ^w, if the British publishers would rise to the level of their privi 
 ,■68 and publish with a view to the whole Empire, such a bill 
 light have some justification, but they had not done so and. never 
 Hi Jo so. They publish with a view tc Ae narrow English circu- 
 "i g library system— to the Mudies and Smiths of the great Eng- 
 Vf cities- a system adapted only to dense centres of population, 
 • which utterly ignores the fact that in countries like Canada 
 '\ methods are inapplicable. The bill which was held over at 
 "ast moment was aimed to introduce this system into Canada, 
 ■^^ould have shut off the supply of new books from the farmer 
 'd artisan, and, making our parhament a catspaw for the London 
 'bUshers, would have made reading a luxury for a few rich peo- 
 ' in large cities. The people of Canada will not be content to 
 ^ forty-two years for their cheap edition- -until, m short, the 
 4>yright has expired. They want to read books while they are 
 V, and while the newspapers are discussing them. 
 Opening at random the London BoohseUer for October 9th, we 
 ind amoni the new novels, to appear early m October, In Jar 
 Mochaber," by William Black, in three volume., a^omi oeavo 
 
 is. 6d, equal bv mere difference ^^ '"«°\ ^^, fj'f fVu^^'i'.es 
 unting dV and freight. This book -|^ be ^a^^^^^^^^^^^^ 
 t instant at our bookstores for ^J/?' .^^ t, ^^"i!" ..uiigu.-g 
 We, and at 40 cents in paper. ^f^^^^J^.f^cC^^^^^^ 
 
 t. li become law aU editions but that at ^7:'' "^ ul'^wores Some 
 d liable to seizure at the frontier and in the bo(^ks^^^^^^^^ borne 
 
 line next year there will no doubt be an English edition at bs. , but 
 
by that time we shjill have forgotten all about, the book. Wo (^aii 
 not wait in Canada until all the ciirulating library folks in Eng 
 land are (]uite done reading a book before we eonunence to see 
 the 68. edition of it, and that ])rice even is too high. If, however, 
 we wish to wait forty -two years we shall be able to get a 2s. or 
 50c. edition from England. 
 
 Then, again, if such a bill should ever |)aMs, we shall have to do 
 without Blackwood's Magazine, or i)ay 75c. a month for it. Tiie 
 quarterlies will cost $1.50 eiich number. Littell's Liv-ing Age and 
 the Eclectic and all periodicals which contain anything selected from 
 English sources will be contraband. The sale of the New Yoi'k 
 papers, with Dr. McKenzie's account of the Emperor Frederick's 
 illness would be illegal. The consecpienc^es of such le^nslation 
 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. 
 
 THE PROPOSED COPYRIGHT BILL. 
 
 \., 
 
 .-; < 
 
 Those who drafted the proposed Copyright Act have not drawn 
 
 it upon any narrow plan of class interest. Such an attempt would 
 
 have been foolish. The points to be kept in view are these : — 1st. 
 
 Nothing ought to prevent the importation of the original English 
 
 edition. Therefore, all who have the means to buy the best 
 
 editions and all public libraries, which must have the original 
 
 edition, should be able to do so. 2nd. The public ought to have 
 
 cheap editions of new books, suited to the needs of the country. 
 
 3rd. The authors ought to receive an assured royalty upon every 
 
 copy of their books sold. 4th. If the author will not publish bis 
 
 book in Canada Canadians ought to be allowed to do so upon 
 
 securing to the author his royalty. 5th. Canadian copyright 
 
 ought to be conditioned as in the case of patents, upon Canadian 
 
 manufacture. 
 
 All these considerations have been embodied in the proposed 
 bill. It is a bill framed in the interests of buyer, seller, mjinufac- 
 turer and author, and as such is in the lines of a National Policy 
 in the truest sense of that phrase. Take again, as an illustration, 
 Mr. Black's new book - In Far Lochaber." He has sold to liis 
 United States publishers the Canadian market, and he holds over 
 
 ers. 
 
any Caujuliau wlio priutH hiy books the terrors of the Imperial 
 statute of 1842. This is not a (jnestion of price, for the United 
 States publishers are demanding as u ;-iglit the Canadian market, 
 ;md refuse to buy from the English author unless our market is 
 thrown in. This the Canadian printer sees to be unjust, and he 
 resents the auti(|Ufited law by which it can be done. The author 
 practically says : It may be that you cannot buy my $7.50 (31s 6d) 
 edition, but you must then V)uy from Harper's ; for I have sold 
 your market to them. This is a high-handed way of treating this 
 country, and no law ouglit to be permitted to exist by which it 
 may be done. Here is another case showing to what extremes 
 these may lead. A bookseller who had a regular account with 
 the publisher of Liddle S^ Scott's small Greek Lexicon ordered two 
 dozen copies with some other books. All came but the Lexicon, 
 and he was informed that the Canadian market for that book had 
 been sold in Boston. Now the usual retail price in Canada had 
 been S2.25, but the Boston price was $3, plus Canadian duty of 15 
 per cent, and charges. The Canadian bookseller was thus re- 
 (juested to pay the U.S. duty of 25 per cent., and the Canadian 
 duty of 15 per cent. Of course he would not do that, but bought 
 the book from a London jobber. The illustration is given merely 
 to show how completely Canada is considered to be an appendage 
 to the United States. 
 
 The new bill proposes to secure to the author a royalty of ten 
 per cent, upon the retail price of every copy of his book which is 
 exposed for sale. This is the almost universal percentage to native 
 authors in the United States. The abortive Act of 1872 proposed 
 12J per cent, upon the wholesale price, which was too uncertain a 
 
 basis. 
 
 Under the proposed bill the author may secure for himself a 
 monopoly if he will print his book in Canada, but he may not 
 transfer this market to his U.S. assigns, and hold it against the 
 Canadians themselves. If the author will not provide for this 
 market, any printer may, after a fixed time, do so ; but that printer 
 will not thereby secure a monopoly against other Canadian print- 
 ers. Others may print the book, but always the author gets his 
 royalty from all. To secure a monopoly will be possible only to 
 the author himself, upon printing in Canada, and always under 
 the proposed bill the market will be oimi to the author's own 
 
 English editions. xi i- u 
 
 Finally, the proposed bill is only intended to cover Lnghsh 
 authors or such (Countries as may have an International Copy- 
 right treaty with England. It is expressly anned to prevent the 
 
abufle of the Imperial statiUe of 1H42 by which the United Statue, 
 while refusing to grant copyright on any terms to other than ita 
 own citizens, can yet obtain copyright in Enghintl, and conse- 
 quently in Canada,* for the works of United States citizens. It is 
 not that Canadians care specially to afflict the American author for f 
 the sins of the potiticians ; but that they abominate all sorts of 
 jug-handled law, either in books or fish or lobster cans. 
 
 CANADIAN COPYRIGHT. 
 
 \ 
 
 ; ; 
 
 ; i 
 
 There is no assertion more frecpiently reiterated than tlio asser- ^ 
 tion that this Dominion makes its own laws ; yet it is not true w 
 regards copyright. The Imperial (Government has year by year .y 
 relaxed its control over our legislation until everything is con- f 
 ceded but this one thing. We make our own tariff ; we raise our 
 own troops ; we regulate our own Patent laws, but our (^/opyright 
 law is dominated by an Imperial statute passed in 1H42, which 
 still binds us. Time and again our (rovernmeut has represental 
 to the Imperial authorities that we are competent to sittend to our 
 own copyright legislation. A statute passed in 1H7'2 by the (>an- 
 adian Parliament on the subject was reserved and never received 
 the royal assent. The existing Act of 1875 was also reserved and 
 after much discussion the Imperial Parliament passed an Act, Aug. 
 2 1875, entitled " An Act to give effect to an Act of the Parlia- 
 ment of Canada respecting Copyright," so that it is manifestly 
 incorrect to say that Canada legislates for herself, and this may 
 also be seen on reference to the case of Smiles vs. Belford, (vol. 
 23 Grant's Chancery Reports) where the Imperial Act of 1842 will 
 be found to have been enforced in Toronto. This state of matters 
 ought not to exist. If our parliament is competent to legislate in 
 regard to anything it is competent to this subject also. There is 
 no difference between a patent and a copyright in principle. Om ; 
 law protects the inventor, if he will manufacture in Canada ; but 
 
 mu^^^^J^*^*^ ^^^^^ ^® ^^^ °^^ *^^ ^^^^' ^^ c^as^^s to be protected. 
 The Canadian statute of 1875 gives protection to every book 
 printed in Canada by an author hving anywhere in the British 
 Empire or in any country which has an international copyright 
 treaty with Cneat Britain, but the book must be printed in Cana- 
 da. The Imperial Act steps hi and says : "The book mav be 
 pnnted anywhere, but if it is tirst published in England, it shall 
 
 m^i 
 
 ^^.m^ 
 
ted States. 
 er than ita 
 find eonse- 
 euH. It ia 
 author for 
 ill sorta of 
 
 ig IS con- 
 
 » raifio our 
 
 copyright 
 
 42, which 
 
 [n-esented 
 
 ud to our 
 
 tliB Cm- 
 
 r received 
 
 Tved and 
 
 \et, Aug, 
 
 Parlia- 
 
 auifestlv 
 
 this may 
 
 )rd, (vol. 
 
 1842 will 
 
 ' matters 
 
 Cishite ill 
 
 I'here ip 
 
 e. Our 
 
 ia ; ])ut 
 
 oteoted. 
 
 y book 
 
 British 
 
 pyright 
 
 Cana- 
 
 mav he 
 
 it shall 
 
 Iso be copyright in Canada." Against this the Government of 
 llanadp has always protested, In 1870, the Canadian Govern- 
 lent forwarded to England a minute of the Privy Council for 
 Canada, which laid down the principle that the people of Canada 
 i^ill'never consent to the extension of copyright without local pub- 
 lication. This principle was near being abandoned by a bill which 
 [was brought in during last session. It would indeed have been 
 (inconsistent for a Government pledged to a National Policy to have 
 I gone back upon a ])rinciple like that laid down before the National 
 [Policy was adopted by the country. 
 
 The anomaly of the Copyright law will at once appear if it be 
 ? applied in the case of a patent. If a pjitentee in England were to 
 [sell the Canadian market to a United States manufacturer, and, if 
 in spite of our patent law, he co"ld secure a monopoly of our mar- 
 Sket to his United States assigns, the patented article which might 
 be the subject of such a deal would never be nuide in Canada, and 
 an immedic'ite outcry wouhl arise. But in the case of books a 
 similar thing is done every day. Black's new book, " In Far 
 Lochaber," is protected by the Imperial Act of 1842, and may not 
 be printed in Canada. Our Government has offered time and again 
 to secure a royalty to the author, but its offers have been refused, 
 and the Imperial Parliament still insists on regulating our literary 
 affairs. We may import the United States edititm or pay S7.50 
 for the English edition ; and now we are threatened with another 
 turn of the screw under the Berne Convention, so that we shall be 
 shut up to the English edition or do without. Mr. Black's novels 
 are not of much importance, but there are many books we shall 
 find it hard to do without. And yet we talk of the autonomy of 
 Canada. 
 
 COPYRIGHT UNDER TWO GOVERNMENTS. 
 
 In a previous editorial it has been shown how firmly Sir John 
 A. Macdonald's Government in 1870 insisted on the principle that 
 there never should be local copyright without local printing. It 
 has also been shown that Mr. Mackenzie embodied this principle m 
 his statute of 1875, still in force. The Government of Sir John 
 went further. It passed a statute which was disallowed, but which 
 was in principle identical with the one prepared by the Copyright 
 Association of Canada now. The substance of it was 1,hat when an 
 English author tlid not himself print an edition of his book in Can- 
 
 .r--^-^ 
 
adii, aCaiwulian iui|j;lit ilo h«> u|)<»ii paying a royalty «)f Iwolvoaniil 
 ouo lialf |MM- o«>ut. n])oii tlio wholonalo prince. The Kii^'HhIi pubJ 
 lisluM'H refuHod to coiisoiil totliis, ami tlu» KiigliHli (lovt'riuiu'nt.t 
 thoir dictation, (lisallowctl the act. Tlic principle it conlaineil 
 conveniently tcriucd •' tlie Uovalt v SvHteni." It wasobiecteilwitkl 
 fjjreal force tliat ''wholesale price" waH loo shifting inhdiim upoD] 
 which to base the royalty. Other objectioiiH were nrged, which 
 is not worth while to disoiss at thin distance of time. riieCaiiii 
 dian (xovemment of the day was restive under the snnl) of Iheilis 
 allowanc«H)f their hill. Tiord Carnarvon, in his des})alclM)f.]une 
 15, 1H74, said plainly thiit he had advised lier Majesty not toassenl 
 to it, because the Imperial Act of IHPi was in force in its integrity 
 throughout ('anada, "'in so far as it prohibits tlie printing in Can- 
 ada," and he added that, even if the royal assent had been given, 
 the bill would have ])een invaliil, because by the Colonial Laws 
 Validity Act( 28 and 2'.) Vic, chap. 1)3) "Any part of a ('olonial 
 law which is rejmgnant to an Imperial Act extending to thecolom 
 in which such law is passed is pro /fu^/o absobitelv void anil iu 
 operative." The Canadian Pacific scandal and t'he change of 
 (U)vernment which resulted in Canada, so occupied public atten- 
 tion thjit this (juestion was not argueil, but Mr. MacUenzi*' did not \. 
 lumever, ^'ive way. He did not concede one iota of the ])riuoiple 
 laid down by liis predec<>ssorR. He. passed an Act which .stateilit 
 again and avoitlcd dashing with the Imperial Act, while not recog- 
 nizing lis existence in aiiv wav, thus leaving the (luestion uncom- 
 plicated for future action. ' 
 
 The Canadian proposition of a "royalty" met, however, witli 
 many advocates in England. Many of the members of Copyright 
 U)mmiRsion were in favor of it, a„d the pressure was so strong 
 hat the pubhslu-rs drew up a projected bill conceding it. This J 
 bill never went bef<>re the Hous(. of (%>nun<»ns, and the (Canadian ^ 
 Coir r?i' ''■''''' ^^^'»^»'^^-y ^vith Pacific scandals to think of 
 bm adoote!l 'r'' Z"' "V^'^^y ^" l'^^'«« ^^^^ "^Htter. The proposed 
 orLrtTe^^ '^'^'''''' ^^ ^^»« f'^»est extent ; but, in 
 
 process -J^^^^^^^^^ "f'"'^''^ ""'"''^^ ^' l^n^ited reprinting to such 
 
 of the rovaltv P ,, 1 • ''^^'^^ '^".V by whi(^h the collection 
 
 fei;^r^. :^' :;:-7^- '^-^ -e^ other objecticn^ble 
 
 that no (iovern 1; ^z! ' "''' ''^''' ^"^^^« ^'"^'^^'^ ^"" ''' 
 
 B^Bi^mon.:^! .I'^"^"^ *^^^"^^*"^ ^<» l>^'H)t in hot water by a 
 
 system of HcensiuK presses. The owner 
 country would huve - '■ ' 
 
 local member. The 
 
 the 
 
 countrv woul.l InV/n iT"'" ^'"' "^^'""" «>'" t^very newspaper m 
 - ' • - ''"'" ] *^.'7'f *>;• «»Hke things disagreeable for the 
 
 l">ini i(, „l,RHrve is tliat the royalty priix-iple 
 
 rh 
 
 oh} 
 du< 
 
 i 
 
9 
 
 '"^'IihIi pill) I, |i( <'<>iu*<Mlt^«l. Now, this priiiripio i.s Mk^ key nolo of (li«> l>ill pro 
 ♦''■'iiiu'nt.ailitji'^"*^*^ ^^y ^^'** ( 'Hruidinn ('opyrighl AHHocijitioii. 
 ■'*"'«>ineili<HPi» 'I^h<^ royalty s\8Umi» thou, wcM'opent, wjih propounded byHir John 
 'I'h'UhI witil^ W- ^^*^^<^<''^'il*li 'ri t-ho DiHullowance Act of 1872. It wuh proponiid- 
 liihi, It wmf W in tho Draft Act of the Enp^lifili ])nl)liHherR in 1H78. It was 
 *'d. which n Inipported by many important names on the (copyright Commis- 
 
 Tlit'(!ana IfeiiP^" **^ 1H78, and it is now the basis of the ])reHent movement in 
 ) ,,f ^)|^,^jjg^^anada. The hlnglish ])ill which our ({overnmont was ahnost de- 
 j(.j, ,,f Jmj f liided into passing was intended to inaugurate in (Canada a system 
 ottoasseDh which (to (pidte the words of Sir Drunmiond Wolff, one of the 
 H inteffritv ' ^H^^VJ^^S^^^ (/onnnissioners, ) "has and can have no analogy in any 
 ill"- ill Can other trade viz., tliat of circulating libraries l)y which means 
 )eeii eiven I ^^® price of books, to the great detriment of the reader and j)Ur- 
 )ni'il I 'iw f chaser, is artificially kept uj) at a r.'ite far beyond the cost of pro- 
 faVoloDiiiit duction." 
 
 tliccolonv 
 
 ,tni!j!/of THE NATIONAL POLICY OF ENGLAND IN 
 •lic^ten LITERATURE. 
 
 zie did not j. 
 
 ^ ^^'^°^^{ !' It is safe to say that everywhere the primary idea underlying 
 
 ti sfateu it copyright statutes is that the work shall be printed in the country 
 
 not repog- where the statute is made. Muni(dpal law is necessarily enacted 
 
 )n iincom- ^^^ ^-^^ citizens and residents in each resj^ective State. In Canada 
 
 we are bound by our own copyright law; but we are bound also 
 3ver. witli ^jy .^jj Imperial statute passed in 1842. This cast-iron act con- 
 
 . 'opyright ^^-^^g ^^^ following extraordinary provisions : — 
 
 so strong j ,4 rpj^j^ ^^^ gj^.^!] extend to the United Kingdom of Oreat Britain 
 
 it. This I j^jjj Ireland and to every part of the British Dominions." " British 
 ('anjidian f Dominions shall be (construed to mean and include all ports of the 
 
 • think of I United Kingdom of Great Britain and Ireland, the Islands of Jer- 
 projwsed I g^^ ^^^^^ Guernsey, all parts of the East and West Indies, and all 
 
 ; hut, in | colonies, settlements and possessions of the Crown which noiv are 
 g to «"ch i . Q^ hereafter may be ((Cijuired.'' 
 
 lish })nb- m There is no other statute, excepting that of the Koyal Suprem- 
 3olle<'tion g|| j^^y^ which has such a sweep. Every other statute has some regard 
 ctioiiuble mm for the varying circumstances of the manifold races under the sway 
 I will see ||||| ^f Qrent Britain. Every other takes tacitly into account the near- 
 iter hy a Mm ness or remoteness and the previous history of the territory legis- 
 .er in the ^B i^^^^ f^j. . i^^^t this statute regards nothmg but the mterests of the 
 
 • for the ■manufacturer in the British Islands. It extends to every posses- 
 principle H Bi^,u .jg soon as annexed to the C^;own. The arms and diplomacy 
 
 i 
 
10 
 
 
 of EnglHrui curry with them, not the EiigliBh religion, not the 
 Enghsh law of munler or theft, not the Euglieh civil or criminal 
 law, but only the eupreniacy of the Crown — and of the circulating 
 library ? 
 
 Let notour readers suppose that the juxtaposition of the circul- 
 ating library with the Jkitish Oown is paradoxical. The absur- 
 dity is in the law, and the British Draft Act, whit^h nearly slipped 
 through last session, would have brouglit it home to us. People 
 who live in England do not buy new books; they borrow them, and 
 book publication is dominated by Mudie's library, which has \)vw- 
 tically swallowed up all others but Smith's. They cannot afford , 
 to buy. In France Daudet's last novel is .])ublished at three and 
 a half francs, or 70 cents, which of our money is the standard price 
 for new books , but in England Mr. Black's last novel is publish- 
 ed at 31s 6d or $7 50 of our money. A Frenchman at Tonkin can 
 afford to buy Daudet, but a Canadian on the Mackenzie liiver can 
 neither buy Black nor subscribe to Mudie. He must wait until 
 Mr. Black dies, and then, seven years after, when the copyright 
 runs out, he may have the book in a 2b. edition if he be alive to 
 read it. 
 
 This far-sweeping Imperial Act of 1842 may be supposed to 
 embody the National Policy of England as regards literature, and 
 on reference to the 17th section, it will be seen that the protection 
 it grants is to ' -ny printed book first composed or written, or 
 printed and published in any part of the said United Kingdom." 
 How narrow is the purview when the manufacture is concerned ! 
 —the printing and publishing nuist he first in the British Islands ; 
 but the penalty extends to every person who " shall import or 
 bring for sale or hire " or " who shall have in his possession " any 
 reprint of any work so protected throughout '' any part of the 
 British possessions." It must be borne in mind that the Act was 
 passed 45 years ago, before the age of fast ocean steamers and of 
 telegraph cables, and fi-st publication necessarily carried with it 
 the manufacture. Judicial interpretation it is asserted, has pared 
 down the statute to demand only just publication, but there is no 
 authoritative decision bearmg upon that precise point. In 1874, 
 in Clemently. Walker, the principle was laid down that the print- 
 ing must be done in Great Britain. Lord St. Leonards, in Jeffrey 
 V. Boosey, held the same view. Baron Pollock said " the object 
 of the legislature is not to encourage, the importation of foreign 
 books and their first publication in the country." Lord Chan- 
 cellor Cranworth said, "If a foreigner having composed, but not 
 having published, a work abroad, were to come to the country 
 
 i 
 
■MM 
 
 11 
 
 anti, th ) \vo3k or day after his arrival, were to print and publish it 
 here ho would ho within the protection of the statute." From all 
 which it is ])lain that the national policy of England in literary 
 matters as laid down in the Act of 1842 was to demand the manu- 
 facture of the hook in Great Britain as a condition of copyright. 
 This is precisely what Sir John A. Macdonald's Government en- 
 acted in 1875. Both parties are at one. Here at any rate is a 
 (juestiou of public interest where ])arty politics cannot be invoked. 
 To the supremacy of the (^rown all parties cheerfully bow ; but 
 tlie supremacy of Mr. Mudie is unsuited to the conditions of this 
 coantry, and if any such act as the Draft Act of last session is 
 passed it will press upon the people in a thousand ways un- 
 dreamed of by the Government, and will raise an outcry very 
 little anticipated by members of parliament. 
 
 was 
 id of 
 
 ^ 
 
 Published by Canai ian Copyiught Assoctation. 
 
 ^itn^mt