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Editorial
March 3, 1788
The Daily Advertiser
New York, New York County, New York
What is this article about?
The editor of the American Magazine expresses gratitude to subscribers, promises to expand future issues without extra cost, and urges printers not to reprint without permission, defending literary property rights under emerging laws and common law precedents from England.
OCR Quality
95%
Excellent
Full Text
To the PUBLIC.
THE Editor of the American Magazine while he feels the grateful sense of the attention and encouragement which he receives from his subscribers, and of the assistance derived from correspondents, begs leave to inform the public, that contrary to the common method of performing less than is promised, he purposes to perform more than he engaged, when he undertook this work.
The expectation of failure is connected with the very name of a Magazine; for which reason the Editor has been very moderate in his promises, Yet the materials for this work are accumulating. and the future numbers will be enlarged without any additional expense to subscribers, unless the additions to the work should exceed 16 pages.
The Printers throughout the United States are requested to observe. that this publication circulates as the Editor's property. A man who has devoted the most valuable period of life to the acquisition of knowledge; who has grown pale over the midnight lamp: " who labors to decipher ancient manuscripts, or purchases copies at three thousand per cent. above the usual price of books, is undoubtedly entitled to the exclusive advantages resulting from his exertions and expenses.
The rights of literary Property have not yet been clearly ascertained and established in this Country; and since the unequivocal rights of individuals and of public bodies have been so frequently the sport of party interest, in almost every State in the Union, what security has a man for the possession of a right less clearly defined by the laws ?
Most of the States however have passed laws, securing to authors their literary productions for a limited time; and in those which have not, persons concerned will please to observe that, by a solemn adjudication in the courts of Westminster, it is determined that an action will lie at common law for publishing books, pamphlets, &c without the consent of the author or proprietor, This principle which is founded on common justice, will undoubtedly be admitted into American Courts, especially as the precedent is established in a Country celebrated for the wisdom of its Judicial decisions.
Several trespasses upon the property of the Editor, in different parts of the Country, have been already committed--and will be passed without further notice. But a repetition of the injuries will call, before the proper tribunal, a legal question of considerable importance; and produce one trouble and expense, which every man of a pacific disposition would wish to prevent.
THE Editor of the American Magazine while he feels the grateful sense of the attention and encouragement which he receives from his subscribers, and of the assistance derived from correspondents, begs leave to inform the public, that contrary to the common method of performing less than is promised, he purposes to perform more than he engaged, when he undertook this work.
The expectation of failure is connected with the very name of a Magazine; for which reason the Editor has been very moderate in his promises, Yet the materials for this work are accumulating. and the future numbers will be enlarged without any additional expense to subscribers, unless the additions to the work should exceed 16 pages.
The Printers throughout the United States are requested to observe. that this publication circulates as the Editor's property. A man who has devoted the most valuable period of life to the acquisition of knowledge; who has grown pale over the midnight lamp: " who labors to decipher ancient manuscripts, or purchases copies at three thousand per cent. above the usual price of books, is undoubtedly entitled to the exclusive advantages resulting from his exertions and expenses.
The rights of literary Property have not yet been clearly ascertained and established in this Country; and since the unequivocal rights of individuals and of public bodies have been so frequently the sport of party interest, in almost every State in the Union, what security has a man for the possession of a right less clearly defined by the laws ?
Most of the States however have passed laws, securing to authors their literary productions for a limited time; and in those which have not, persons concerned will please to observe that, by a solemn adjudication in the courts of Westminster, it is determined that an action will lie at common law for publishing books, pamphlets, &c without the consent of the author or proprietor, This principle which is founded on common justice, will undoubtedly be admitted into American Courts, especially as the precedent is established in a Country celebrated for the wisdom of its Judicial decisions.
Several trespasses upon the property of the Editor, in different parts of the Country, have been already committed--and will be passed without further notice. But a repetition of the injuries will call, before the proper tribunal, a legal question of considerable importance; and produce one trouble and expense, which every man of a pacific disposition would wish to prevent.
What sub-type of article is it?
Press Freedom
Legal Reform
What keywords are associated?
Literary Property
Copyright
American Magazine
Reprinting
Legal Rights
Common Law
What entities or persons were involved?
Editor Of The American Magazine
Printers Throughout The United States
Courts Of Westminster
Editorial Details
Primary Topic
Defense Of Literary Property Rights
Stance / Tone
Assertive Protection Of Copyright
Key Figures
Editor Of The American Magazine
Printers Throughout The United States
Courts Of Westminster
Key Arguments
Editor Plans To Enlarge Future Issues Without Additional Cost To Subscribers
Publication Is The Editor's Exclusive Property
Literary Property Rights Are Not Fully Established In America But Supported By State Laws And English Common Law
Unauthorized Reprints Are Trespasses And May Lead To Legal Action