But there is one branch of his business which does not present this difficulty,--the reprinting of works previously published in a foreign country. He has the advantage of holding in his hand the precise article which he proposes to reproduce,--a printed volume, which he can read with ease and rapidity; and this is nearly as great an advantage as a manager has who sees a play performed before buying it. He has the still greater advantage of a public verdict upon the book. It has been tried upon a public; and it is a rule almost without exception, that a book which sells largely in one country will not fail in another. Dickens, Thackeray, Reade, Miss Mulock, Anthony Trollope, George Eliot, Dumas, Hugo, George Sand, have in all foreign countries a popularity which bears a certain proportion to that which they enjoy in their own; and even the Chinese novel published some years ago in England was a safe speculation, because it was universally popular in China. The Russian novel before alluded to was a prudent enterprise, because Russia had previously tasted and enjoyed it. Literature of high character is always pervaded with the essence of the nationality which produced it, but it is, for that very reason, the more interesting to other nations. Don Quixote has more Spain in it than all the histories of Spain; but in the library of the German collector of Cervantes, whose death has been recently announced, there were more than twice as many foreign editions as Spanish. According to the Pall Mall Gazette, there were 400 editions in Spanish, 168 in French, 200 in English, 87 in Portuguese, 96 in Italian, 70 in German, 4 in Russian, 4 in Greek, 8 in Polish, 6 in Danish, 13 in Swedish, and 5 in Latin. Poor Cervantes! How eloquently this list pleads for International Copyright!
It is, then, in the republication of foreign works that our publishers ought to find an element of certainty, which cannot appertain to the publication of original and untried productions. But it is precisely here that chaos reigns. In the issue of native works, there is but a single uncertainty; in the republication of foreign, there are many. No man knows what his rights are; nor whether he has any rights; nor whether there _are_ any rights; nor, if he has rights, whether they will be respected. This chaos has taken to itself the pleasant and delusive name of "Courtesy of the Trade." Before the "reign of law" is established in any province of human affairs, we generally see men feeling their way to it, trying to find something else that will answer the purpose, endeavoring to reduce the chaos of conflicting claims to some kind of rule. The publishers of the United States have been doing this for many years, and the result is the unwritten code called the Courtesy of the Trade,--a code defective in itself, with neither judge to expound it, jury to decide upon it, nor sheriff to execute it. This code consisted at first of one rule,--If a publisher issues a foreign work, no other American publisher shall issue it. But it often happened that two or three publishers began or desired to begin the printing of the same book. To meet this and other cases, other laws were added, until at present the code, as laid down by the rigorists, consists of the following rules:--