notice in writing of the objections to the plaintiff's title on which he means to rely.

19. Mode of proving the publication and identity of books in proceedings for piracy.

20. No person shall import into any part of the British dominions for sale any book first composed, &c., within the British dominions and reprinted elsewhere. Penalty on importing, selling, or keeping for sale any such books, forfeiture thereof, and also 107. and double the value. Books may be seized by officers of Customs or Excise, who shall be rewarded. Not to extend to books not having been printed in the United Kingdom for twenty

years.

21. Copyright in encyclopædias, periodicals works, and works published in series, to be in the publisher or conductor thereof, and proof of payment to the parties employed by him to be primá facie evidence of his property in their articles. Proviso securing the right of authors who have reserved the right of publishing their articles in a separate form.

22. Proprietors of encyclopædias, periodical works, and works published in series, to be at liberty to enter at once at Stationers' Hall, and thereon to have the benefit of the registration of

the whole work.

23. Term of the exclusive right in the representation of dramatic works extended to that of authors. 24. Where the sole liberty of representing a dramatic piece now belongs to the author, it shall endure for his life and for sixty years from his death. And if the author is dead, his representatives shall have it for sixty years from his death.

matic piece shall have been assigned, the right 25. When the right of representing any drashall continue in the assignee for twenty-eight years, or for the life of the author, and no longer.

26. The proprietor of the right of dramatic representation shall have all the remedies given by

the Act 3 and 4 William IV.

27. No assignment of copyright of a dramatic piece shall convey the right of representation unless an entry to that effect shall be made in the book of registry.

28. Act of 5 and 6 William IV., c. 65, respecting lectures, extended to sermons. 29. Power to grant injunctions in case of piracy.

-Proviso for Scotland.

30. Mode of proving copyright, &c. in colonial

Courts.

31. Books pirated shall become the property of the proprietor of the copyright, and may be recovered by action, or seized by warrant of two justices.

32. No proprietor of copyright, commencing after this Act, shall sue or proceed for any infringement before making entry in the book of registry. -Proviso for dramatic pieces.

33. Clergymen may lawfully dispose of copyright or copies of books of which they are the authors.

34. Copy shall be personalty

35. Saving the rights of the Universities and the Colleges of Eton, Westminster, and Winchester. 36. Proviso for saving all rights and all contracts and engagements subsisting at the time of passing

this Act.

NEW ART OF SUN-PAINTING.

THE Literary and Scientific Journals have for some time past teemed with accounts of two very extra

ordinary discoveries which have been brought forward, almost stimultaneously, in Paris and in London; in the former by M. Daguerre, the celebrated inventor and painter of dioramic views; in the latter by H. Fox Talbot, Esq., a Member of the Royal Society. These discoveries, though essentially similar in some respects, are essentially different in others. We must endeavour briefly to indicate the nature of each.

M. Daguerre's invention enables him to combine with the camera obscura an engraving power—that is, by an apparatus, at once to receive a reflection of the scene without, and to fix its forms and tints indelibly on metal in chiaroscuro-the rays of the sun standing in the stead of burin, or, rather, of acid-for the copies thus produced nearly resemble aquatinta engravings exquisitely toned. As to the precise details, M. Daguerre objects to impart them to any one, till he has received some definite answer from the Government, with whom he is in treaty for the sale of his secret: the value fixed upon it

is said to be three hundred thousand francs.

It is necessary, observes M. Arago, to see the called the Daguerotype, fully to appreciate the works produced by the machine, which is to be curiosity of the invention. M. Daguerre's last works taken them in all weathers-at all hours-a sketch have the force of Rembrandt's etchings. He has of Notre Dame was made in a pouring rain, (the time occnpied by the process being lengthened sketch was procured by the moon's light, which under such unfavourable circumstances,) and a required twenty minutes for its completion. As from its always being more or less agitated by the might be suspected, the invention fails where moveing objects are concerned. The foliage of trees air, is often but imperfectly represented. In one of the views a horse is faithfully given, save the decrotteur, all but the arms, which were never still. head, which he never ceased moving-in another a that is, to architectural subjects, &c. M. DaThe invention will be chiefly applicable to still life guerre describes the process as very simple, and completely attainable by any person of common too, is so little cumbrous, that he says he has stood The machine, judgment, and with reasonable care. upon the bridges to use it, and been hardly noticed by the passers by.

Mr. Talbot makes no secret of the nature of his

discovery; and when we consider the means employed, and the limited time-the moment of time,

which is often sufficient-the effects produced are perfectly magical. The most fleeting of all things— a shadow, is fixed, and made permanent; and the delicacy-can only be discovered by a magnifying minute truth of many of the objects-the exquisite glass. Mr. Talbot proposes for this new art the name of Photogenic Drawing. It enables a perobtain faithful representations of objects, and does son, howsoever ignorant of the art of drawing, to not even require his presence; so that these pictures may be executed while the operator is himself engaged about other things. Amongst the specimens exhibited at the Royal Institution, obleaves; a pattern of lace; figures taken from painted serves Mr. Talbot, "were pictures of flowers and glass; a view of Venice copied from an engraving; some images formed by the Solar Microscope, viz. a slice of wood very highly magnified, exhibiting the pores of two kinds, one set much smaller than the other and more numerous. Another micro

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REGARDING it as equally useless and unjust -valueless to the author and injurious to the bookseller-we disapproved the principle of Mr. Serjeant Talfourd's New Copyright Bill, as brought forward in the parliamentary session of 1838. Moreover, we disapproved the spirit of the Bill, because it appeared to partake largely of the nature of a job; of a job which, under the pretence of improving the position of the literary class in general, was not in reality calculated to benefit one individual in five hundred. Further, whilst it affected to protect the author, and to promote and extend his interest, it, by an intended ex post facto operation, was so constructed as to engender differences between authors and their publishers, and grossly to violate the interest of the latter. We consider it to be quite as expedient, and quite as just, that a bookseller should be protected in the possession of his vested rights, as that the author should be protected in the possession of his property against the selfishness or dishonesty of an overreaching bookseller.

It appeared to us last year-and our opinion upon the subject has not undergone the slightest change-that, in the great majority of instances, it could import little to an author, or to an author's posterity, whether the term of copyright should continue at twenty-eight, or should be extended to sixty years. Probably, in ninety-nine cases out of a hundred, the author assigns his copyright in perpetuity to the bookseller, for a valuable consideration, or the two contracting parties agree to hold the copyright conjointly and share the profits of sale. In this view, where is the publisher who would give, or would be justified in giving, sixpence more for the assignment of a copyright of sixty years' duration, than for one of twenty-eight years? The case is self

VOL. I. APRIL, 1839.

evident: not one book in fifty can hope for an immortality of more than eight-andtwenty years. Even Sir Walter Scott's works, had they rested upon their intrinsic merit for their popularity, would never have attained the height at which, pro tempore, they stand. However, they are rapidly descending to their just level.

It was perfectly natural, and even laudable, on the part of Mr. Serjeant Talfourdhimself a poet, and the associate of Poetsthe friend of Southey, Wordsworth, Lamb, Coleridge, Godwin, Hazlitt, Leigh Hunt, Procter, and Sheridan Knowles, &c.—that he should be desirous of promoting the interests of literature and of literary men. It is for his attempt to legislate in favour of the few, without benefitting the many, and for his giving an ex post facto character to the operation of his last year's Bill, that we feel disposed to blame him. However, Mr. Talfourd has derived advantage from experience; and, in his Bill of the present session-an abstract of which we gave at page 189-he has wisely abandoned the ex post facto clauses. By this abandonment, Mr. Tegg's brutum fulmen of the 20th of February, levelled against those clauses, fell to the ground. On the 27th of that month Mr. Serjeant Talfourd, on moving the second reading of the Bill, delivered a very able speech; and, on a division, the second reading was carried by 73 votes against 37. That the measure should have been opposed by such mockery of argument as that which was adduced by the Solicitor General in favour of "cheap literature"--that it should have been opposed by men of such intellectual calibre as Messrs. Hume, Baines, Warburton, &c.—were amongst the strongest proofs presumptive that could be offered of its genuine importance. For our own parts, we have only to say, that, if the few can be

R

in

It

benefitted without injury to the mass, Heaven's name let the Bill be passed. may operate as a salutary stimulant to many, whilst, to one in a million, it may produce a princely reward. We do not believe that either printers, booksellers, bookbinders, paper-makers, type-founders, or any other trade or class connected with the bookselling and printing business, will be injured, to the extent of a shilling, by the passing of the Bill. On the contrary, such is the increasing love of reading-such the increasing thirst for literary and scientific knowledgethat we firmly hope, and as firmly believe, that, for many a long year to come, the advancement of literature and the arts, and of every profession and trade connected with literature and the arts, will exhibit the most gratifying aspect.

It has often, and as truly as often, been said, that " quantity deteriorates quality." And never was the truth of this position more forcibly exemplified than by the overwhelming masses of waste paper, which, under the false designation of " cheap literature," have been hurled upon us within the last twelve or fifteen years. Within that period the Society for the Diffusion of Useful (?) Knowledge has inflicted more injury upon genuine literature and art, upon their professors, and upon the public at large, than will be repaired in a century to come. The Society has inflicted the injury complained of, not only by its own multiplication and spread of inferior works at a low (not at a cheap) price, but by exciting a spirit of emulation amongst individuals to produce works of a still lower grade, to enable them to compete, in the market, with the would-be monopolists. By these means just such approximations have been made, at a low price, to the appearance of excellence, as have sufficed to preclude the production and sale of works of a high order of literary merit. Precisely the same remarks apply to the productions of the graphic art. The judgment and taste of the majority of purchasers are not yet sufficiently correct and refined to appreciate the difference in value between a print, the engraving of which may have cost a hundred guineas, and one for which not more than sixty may have been paid; consequently, as the latter may be sold with more advantage to the proprietor for six or eight shillings than the former can for ten or twelve, it is clear that the low priced (not the cheap) print will obtain preference with the multitude.

We believe that Mr. Serjeant Talfourd's abandonment of the ex post facto clauses of his Bill for the protection and extension of copyright has perfectly satisfied the respectable booksellers and publishers. Not so, however, those who, like obscene birds, watch for the moment of an expiring copyright, to pounce upon it as their legal (not moral) prey.

Mr. Tegg, or some person assuming his name (we should be glad, for Mr. Tegg's sake, to find the signature a forgery) has put forth a letter upon the subject of copyright, and upon the immense remuneration derived by literary men from their labours. If Mr. Tegg be not the author of this letter it is incumbent on him to disavow it; if he be-we are sorry for the writer; for a mass of error and misrepresentation more gross it was never our fate to encounter. To many of the items, confused and mystified as they are in Mr. Tegg's statement, we could, and would, give the most express contradiction, were it not that, by so doing, we should violate private confidence. To say nothing of the unfairness, and (we speak advisedly) untruth of Mr. Tegg's assertions respecting editorial payment, in reference to the Quarterly and Edinburgh Reviews, and Blackwood's and the New Monthly Magazines, let us glance for a moment at some of his "modern instances." We are told that for Fox's "Fragments of English History," Lord Holland received 5000 guineas; that, for that very infamous and utterly talentless production, the "Life and Times of George IV." Lady C. Bury obtained 1000 guineas; that Bulwer received from 12007. to 1500l. a-piece for his novels; that Marryat's novels produced him from 1000l. to 12007. each; and that for Mrs. Trollope's Factory Boy" the sum of 18007. has been paid!!!

If a bookseller did give 5000 guineas for Fox's book, it must have been on account of the author's name, and most lamentably must he have burnt his fingers by the purchase. Without a name the work would not have been worth a moiety of 5000 shillings; and even with a name, it was in a short time to be bought at the common stalls for little more than the price of waste paper.

We believe Mr. Colburn to be much too good a general to have given Lady C. B. 1000 guineas for the copyright of the " Life and Times of George IV." Did that unfortunate lady ever produce a work, of any description, worth 5007, to a bookseller?