Page:The American Cyclopædia (1879) Volume V.djvu/340

336 was first thoroughly discussed in a court of law in that year, when it was held that a foreigner was entitled to the benefit of the statutes if he had given England the advantage of the first publication of his work. It was not till 1849 that the doctrine was absolutely announced by a court of law that a foreigner resident abroad could not acquire copyright in England or confer a valid title upon an English subject. After much change of opinion on this subject in the English courts, the question was decided by the house of lords in 1854, after an elaborate and exhaustive discussion in the case of Jefferys v. Boosey. The judges were nearly evenly divided in their opinions, but the judgment of the house of lords was that neither at common law nor by statute would English copyright vest in a foreign author while resident abroad. This uncertainty arose from the fact that the language of the statutes passed for the encouragement of learning, from the reign of Anne to the present time, has been general, extending protection to “authors,” and leaving the courts to determine whether that expression included all authors or was limited to British authors. By this and other more recent decisions it has been settled in England that copyright will vest in any person, whether foreigner or citizen, upon three conditions: 1, publication must be in the United Kingdom; 2, there must have been no previous publication; 3, the author must have been at the time of publication within the British dominions. In the case of an English subject, however, presence within the realm is not necessary. When copyright has once vested, protection extends throughout the British dominions, including all parts of Great Britain and Ireland, and all the colonies, settlements, and possessions of the crown. It will thus be seen that the place of publication is limited to a less area than that throughout which protection extends, and within which the presence of the author at the time of publication is required. There may be a contemporaneous publication of the same work abroad, but a prior publication will defeat the copyright. A foreign author therefore may acquire a valid English copyright by first publishing in Great Britain, or publishing there on the day of publication elsewhere, if he be anywhere within the British dominions at the time of such publication. In order to meet this requirement of the law, it has not been uncommon for American authors to go to Canada and remain there during the publication of their work in England, thus acquiring a valid English copyright. In the United States, by the several copyright statutes that have been passed, from the act of 1790 to that of 1870, congress has expressly excluded foreigners from the benefits of copyright, extending protection only to such author as may be a “citizen of the United States, or resident therein.” The judicial construction given to the word “resident” is that it refers to a person residing in the United States with the intention of making that country his place of permanent abode. A formal declaration of such intention is not necessary, nor is any definite period of time indicated as requisite to constitute such residence. The question is determined by the intention of the person at the time he has his abode here, and by his acts so far as they go to show what that intention was. If, at the time of recording his title in order to procure copyright, a foreign author is residing in the United States with the intention of making that country his place of permanent abode, he becomes a resident within the meaning of the act, and entitled to copyright without regard to the length of time of such residence, and notwithstanding the fact that he may subsequently return to his native country. On the other hand, if such author intends to remain temporarily, but actually remains for a long period, he is a mere sojourner, and does not acquire a residence so far as to be entitled to copyright. The assignee of a foreign author, though a citizen of the United States, holds the same relation under the statute as the author himself; so that a citizen is not entitled to copyright in a work which he has purchased from a foreign author.—In Great Britain provision is made for international copyright with such nations as may extend reciprocal protection to British authors. This is effected by an “order of her majesty in council,” by which a foreign author resident abroad, by complying with the statute regulations as to registration, delivery of copies, &c., may secure protection for his work in Great Britain. In these cases it is not essential that first publication shall be in England. There are arrangements for international copyright with France, Prussia, Saxony, Hanover, Belgium, Spain, Italy, and other powers. An arrangement exists between England and France by which the author of a work published in either country may reserve to himself the exclusive right of translating such work for five years from the first publication of the translation authorized by him. No arrangement for international copyright has been entered into by the United States. The leading publishers in the United States are nevertheless accustomed to make a liberal allowance to British authors of established reputation from the profits on their books republished in this country. The difficulty of protecting British copyrights in the colonies has led to the laying of heavy duties for the benefit of their owners on reprints, copies, &c., imported.—In France and Belgium an author, and his widow after him, is entitled to a copyright for life, and the children for 20 years after; and in France the other heirs or assignees for 10 years, and in Belgium for 20 years after the death of the author or his widow. In Germany the copyright is for life and 30 years after. In Greece it is for 15 years from date of publication. In Russia copyright endures for life, and after the death