CHAPTER II. COPY-TAX. This compulsory delivery is unjust in its principle, Authors Petition to the House of Commons, 8 April, 1818 THE exaction of books by Copy-tax is both ancient and general. It obtains both in the freest and in the most despotic countries; but in the former, it is usually the relic of a state of things which has almost passed away, whilst in the latter it seems racy of the soil. Everywhere it either is, or has been, connected with a censorship of the Press; and in some cases, when the censorship has fallen, this exaction has fallen with it.1 1 As in the Austrian possessions, for example, in May, 1848. See Returns relating to Foreign Libraries (Parl. papers of 1850), 121. Vol. II. 37 BOOK I. Chapter II. BOOK I. Chapter II. copies by legal deposit in France; in Holland; in Italy. 3 In France, the Imperial Library alone is entitled by Copy-Tax. law to a copy of every work published within the EmExaction of pire. In Belgium, the deposit of copies in the Royal Library at Brussels is not compulsory but merely opin Belgium; tional, as the condition of securing a copyright.2 In the Netherlands, the law is similar; the Royal Library at the Hague being entitled to a copy of every book published within the kingdom in order to the possession, by author or proprietor, of a copyright in such work. In Sardinia, the University Library of Turin is entitled to a copy of every work printed within the kingdom.* In Tuscany, by a law of the 6. May 1847, all the Public Libraries in that State are entitled to receive a copy of all works published within the several cities in which they are respectively established; and this law has been extended by that of the 17. May 1848 which enjoins that a copy of every work published in each prefecture shall be sent to the Library of its chief town. Thus, for instance, the Magliabecchiana is entitled to a copy of every book published within the district of the prefecture of the Department of Florence (nel distretto della Prefettura del Partimento di Firenze). But of the Roncioni Library at Prato it is stated that this right has been recently "lost;" and, in respect to the Duchy of Lucca, that the Library of St. Frediano is entitled to a 1 Returns, etc., ut supra, 180. 2 Ibid., 164. 3 Ibid., 300. + Ibid., 342. 5 "Questa biblioteca aveva diritto ad un esamplare delle opere che si stampavano in Prato, ma piu recenti ordini le hanno tolto tale diritto."Ibid., 370. 3 copy of every book printed within the Duchy, but that the right is "not strictly complied with". By the law of Sicily, the University Library of Palermo is entitled to a copy of every work printed in that city; and by that of Naples, all the printers within the capital are bound to give four copies of each work, namely, two to the Borbonica, one to the Brancacciana, and one to the University Library. Within the Papal States, both law and practice appear to vary in the various cities. In Rome, the printers are enjoined to send five copies of every work to the "Master of the Sacred Palace," whose duty it is stated to be to keep one copy in his office; to deliver one to the Vicar-General; one to the Vatican Library; and another to the Library, either of the Roman Arch-Gymnasium or to that of the University of the Sapienza; and the fifth copy he is to return to the author. It is further stated that the present Pope gave, in 1846, to the University of Bologna the privilege of exacting one copy of all books printed, but that the gift has not been a productive one; and that he laid a similar injunction on the booksellers of Macerata, in behalf of the Communal Library of that City, also with very small result.1 By the law of Spain, the National Library at Madrid is entitled to a copy of every book published within the kingdom; whilst the Provincial Libraries have a similar right within the limits of the provinces to which 1 Returns, etc., ut supra, 373. 2 Returns of 1852, 26. 3 Returns of 1851, 35. + Ibid., 15-42. BOOK I. Chapter II. Copy - Tax. Exaction of copies by legal deposit in Spain. BOOK I. Chapter II. Exaction of copies by legal deposit in Germany. they respectivily belong.' In Portugal two Libraries are entitled to copies of all books printed in that kingdom-namely, the Royal Library at Lisbon' and the Town Library of Oporto. The Library of the University of Coimbra is specially entitled to two copies of all works printed at the Printing Office of that University. Turning to Germany, we find a right of this kind, under some modification or other, almost universally recognized. The law of Bavaria enacts that two copies of all works published within the kingdom shall be delivered to the Royal and Central Library at Munich; and it endows the Library of each of the three Bavarian Universities with the right of receiving one copy of every book published within its respective division of the kingdom. In Hanover, the Royal Library in the capital, and the University Library of Göttingen, are each entitled to a copy of all works printed or published within the State. In the Hanse towns, the Town Libraries of Hamburgh and of Lubeck have a similar right; but not that of Bremen. In Hesse Cassel or Electoral Hesse, both the Provincial Library at Cassel and the University Library at Marburg, are entitled to a copy every work published within the Electorate; but the Library at Fulda appears to possess this pri of 3 5 6 1 Returns of 1852, 28. 2 Castilho Barreto y Noronha, Relatorio a' cerca da Biblioteca nacional de Lisboa, etc. (1844), i, 29. 3 Returns of 1850, 263. + Ibid., 268 and 284. 5 Ibid., 287. 6 Ibid., 288. 3 2 BOOK I. Chapter II. Germany. vilege only with respect to books the copyright of which is secured. By the laws of Hesse Darmstadt, in certain provinces, the publisher, and in others the printer, is bound to send a copy of every book to three several The Book-tax in Libraries:-1, the Ducal Library at Darmstadt; 2, the University Library at Giessen; 3, the Town Library at Mentz. In the Duchy of Nassau, one Library onlythat of Wiesbaden-enjoys this privilege. Under the Prussian code, the Royal Library at Berlin is the only Library which is entitled to a copy of every work published throughout the Kingdom. The University Library, however, of that city is entitled to a copy of every book published within the province of Brandenburgh; that of Breslau (since 1825) to a copy of every book published within the provinces of Silesia and Lusatia; and that of Halle to a copy of every book published within the Prussian province of Saxony; whilst the Royal and University Library of Königsberg possesses a similar right within Lithuania and Eastern Prussia; the Library of the University of Bonn, within Prussia proper; the Paulinian Library at Munster within Westphalia,—a right which was repealed by the law on the Press of the 17th March, but restored by that of June, 1849. A copy of all works published within the Duchy of Posen is to be sent to the Raczynski Library; and, finally, by the Censorship law of December 1824, the University Library of Greifswald is empow 1 Returns of 1850, 294. 2 Ibid., 299. 3 Ibid., 304-313. |