Letters on International Copyright Part 5

The foundation is already broad, deep, and well laid, but it is seen to increase in breadth, depth, and strength, with every step of increase in height; and the work itself is seen to a.s.sume, from year to year, more and more the natural form of a true pyramid. To the height that such a building may be carried, no living man will venture to affix a limit. What is the tendency to durability in a work thus constructed, the pyramids of Egypt and the mountains of the Andes and of the Himalaya may attest. That edifice is the product of decentralization.

Elsewhere, centralization is, as has been shown, producing the opposite effect, narrowing the base, and diminishing the elevation. Having prospered under decentralization, our authors seek to introduce centralization. Failing to accomplish their object by the ordinary course of legislation, they have had recourse to the executive power; and thus the end to be accomplished, and the means used for its accomplishment, are in strict accordance with each other.

We are invited to grant to the authors and booksellers of England, and their agent or agents here, entire control over a highly important source from which our people have been accustomed to derive their supplies of literary food. Before granting to these persons any power here, it might be well to inquire how they have used their power at home. Doing this, we find that, as is usually the case with those enjoying a monopoly, they have almost uniformly preferred to derive their profits from high prices and small sales, and have thus, in a great degree, deprived their countrymen of the power to purchase books; a consequence of which has been that the reading community has, very generally, been driven to dependence upon circulating libraries, to the injury of both the authors and the public. The extent to which this system of high prices in regard to school-books has been carried, and the danger of intrusting such men with power, are well shown in the fact that the same government which has so recently concluded a copyright treaty with our own, has since entered "into the bookselling trade on its own account," competing "with the private dealer, who has to bear copyright charges." The subjects of this "reactionary step" on the part of a government that so much professes to love free trade, are, as we are told, "the famous school-books of the Irish national system."[1] A new office has been created, "paid for with a public salary," for "the issue of books to the retail dealers;" and the centralization of power over this important portion to the trade is, we are told,[2] defended in the columns of the "Times," as "tending to bring down the price of school-books; for booksellers who possess copyrights, now sell their books at exorbitant prices, and, by underselling them, the commissioners will be able to beat them." Judging from this, it would seem almost necessary, if this treaty is to be ratified, that there should be added some provision authorizing our government to appoint commissioners for the regulation of trade, and for "underselling" those persons who "now sell their books at exorbitant prices." If it be ratified, we shall be only entering on the path of centralization; and it may not be amiss that, before ratification, we should endeavor to determine to what point it will probably carry us in the end.

[Footnote 1: _Spectator_, June 4, 1853.]

[Footnote 2: _Ibid_.]

The question is often asked, What difference can it make to the people of this country whether they do, or do not, pay to the English author a few cents in return for the pleasure afforded by the perusal of his book? Not very much, certainly, to the wealthy reader; but as every extra cent is important to the poorer one, and tends to limit his power to purchase, it may be well to calculate how many cents would probably be required; and, that we may do so, I give you here a list[1] of the comparative prices of English and American editions of a few of the books that have been published within the last few years:--

_English._ _Amer._

Brande's Encyclopaedia $15 00 $4 00

Ure's Dictionary of Manufactures 15 00 5 00

Alison's Europe, cheapest edition 25 00 5 00

D'Aubignd's Reformation 11 50 2 25

Bulwer's "My Novel" 10 50 75

Lord Mahon's England 13 00 4 00

Macaulay's England, per vol. 4 50 40

Campbell's Chief Justices. 7 50 3 50

" Lord Chancellors 25 50 12 00

Queens of England, 8 vols. 24 00 10 00

Queens of Scotland 15 00 6 00

Hallam's Middle Ages 7 50 1 75

Arnold's Rome 12 00 3 00

Life of John Foster 6 00 1 25

Layard's Nineveh, complete edition. 9 00 1 75

Mrs. Somerville's Physical Sciences 2 50 50

Whewell's Elements of Morality. 7 50 1 00

Napier's Peninsular War 12 00 3 25

Thirlwall's Greece, cheapest edition 7 00 3 00

d.i.c.k's Practical Astronomer 2 50 50

Jane Eyre 7 50 25

[Footnote 1: Copied from an article in the New York _Daily Times_.]

The difference, as we see, between the selling price in London and in New York, of the first book in this list, is no less than eleven dollars, or almost three times as much as the whole price of the American edition. To what is this extraordinary difference to be attributed? To any excess in the cost of paper or printing in London? Certainly not; for paper and printers' labor are both cheaper there than here. Is it, then, to the necessity for compensating the author? Certainly not; for there are in this country fifty persons as fully competent as Mr. Brande for the preparation of such a work, who would willingly do it for a dollar a copy, calculating upon being paid out of a large sale. As the sale of books in England is not large, it might be necessary to allow him two dollars each; but even this would still leave nine dollars to be accounted for. Where does all this go? Part of it to the Chancellor of the Exchequer, part to the "Times," and other newspapers and journals that charge monopoly prices for the privilege of advertising, and the balance to the booksellers who "possess copyrights," and "sell their books at such exorbitant prices"

that they have driven the government to turn bookseller, with a view to bring down prices; and these are the very men to whom it is now proposed to grant unlimited control over the sale of all books produced abroad.

It will, perhaps, be said that the treaty contains a proviso that the author shall sell his copyright to an American publisher, or shall himself cause his book to be republished here. Such a proviso may be there, but whether it is so, or not, no one knows, for every thing connected with this effort to extend the Executive power is kept as profoundly secret as were the arrangements for the Napoleonic _coup d'etat_ of the 2d of December. Secrecy and prompt and decisive action are the characteristics of centralized governments--publicity and slow action those of decentralized ones. Admit, however, that such limitations be found in the treaty, by what right are they there? The basis of such a treaty is the absolute right of the author to his book; and if that be admitted, with what show of consistency or of justice can we undertake to dictate to him whether he shall sell or retain it--print it here or abroad? With none, as I think.

Admit, however, that he does print it, does the treaty require that the market shall _always_ be supplied? Perhaps it does, but most probably it does not. If it does, does it also provide for the appointment of commissioners to see that the provision is always complied with? If it does not, nothing would seem to be easier than to send out the plates of a large book, print off a small edition, and by thus complying with _the letter_ of the law, establishing the copyright for the long term of forty-two years, the moment after which the plates could be returned to the place whence they came, and from that place the consumers could be supplied on condition of paying largely to the Chancellor of the Exchequer, to the "Times," to the profits of Mr. d.i.c.kens' advertising sheet, to the author, to the London bookseller, to his agent in America, and the retail dealer here. In cases like this, and they would be numerous, the "few cents" would probably rise to be many dollars; and no way can, I think, be devised to prevent their occurrence, except to take one more step forward in centralization by the appointment of commissioners in various parts of the Union, to see that the market is properly supplied, and that the books offered for sale have been actually printed on this side of the Atlantic.

If the treaty does provide for publication here, it probably allows some time therefor, say one, two, or three months. It is, however, well-known that of very many books the first few weeks' sales const.i.tute so important a part of the whole that were the publisher here deprived of them, the book would never be republished. No one could venture to print until the time had elapsed, and by that time the English publisher would so well have occupied the ground with the foreign edition that publication here would be effectually stopped. Even under the present _ad valorem_ system of duties this is being done to a great extent. One, two, or three hundred copies of large works are cheaply furnished, and the market is thus just so far occupied as to forbid the printing of an edition of one or more thousands--to the material injury of paper-makers, printers, and book-binders, and without any corresponding benefit to the foreign author.

Under the proposed system this would be done to a great extent.

Admit, however, that the spirit of the law be fully complied with, and let us see its effects. Mr. d.i.c.kens sells his book in England for 21_s_.

($5.00); and he will, of course, desire to have for it here as large a price as it will bear. Looking at our prices for those books which are copyright and of which the sale is large, he finds that "Bleak House"

contains four times as much as the "Reveries of a Bachelor," which sells for $1.25, and he will be most naturally led to suppose that $3 is a reasonable price. The number of copies of his book that has been supplied to American readers, through newspapers and magazines, is certainly not less than 250,000, and the average cost has not been' more than fifty cents, giving for the whole the sum of

$125,000

To supply the same number at his price would cost.

750,000

Difference $625,000

Of Mr. Bulwer's last work, the number that has been supplied to American consumers is probably but about two thirds as great, and the difference might not amount to more than

$350,000

Mr. Macaulay would not be willing to sell his book more cheaply than that of Mr. Bancroft's is sold, or $2 per volume, and he might ask $2.50.

Taking it at the former price, the 125,000 copies that have been sold would cost the consumer $500,000

They have been supplied for 100,000

The difference would be $400,000

Mr. Alison's work would make twelve such volumes as those of Mr. Bancroft, and his price would not be less than $25. The sale has amounted, as I understand, to 25,000 copies, which would give as the cost of the whole

$625,000

The price at which they have been sold is $5, giving 125,000