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If it is said that copyright, thus limited, is a purely arbitrary right, it may be answered that all legal provisions are arbitrary. That which is an absolute or natural right, so long as held in idea or in manuscript, becomes, when given to the world in multiplied copies, the, creature of law. The most that authors can fairly claim sufficiently prolonged exclusive right to guarantee them for a lifetime the just reward of their labors, with a reversion for their immediate heirs. That such exclusive rights should run to their remotest posterity, or, a fortiori, to mere merchants or artificers who had no hand whatever in the creation of the intellectual work thus protected, would be manifestly unjust. The judicial tribunals, both in England and America, have held that copyright laws do not affirm an existing right, but create a right, with special privileges not before existing, and also with special limitations. The earliest copyright enactment of 1790 granted the exclusive privilege of printing his work to the author or his assigns for 14 + 14, or twenty-eight years in all. The act further required entry of the title, before publication, in the office of the Clerk of the United States District Court in the State where the author or proprietor resided. This remained the law, with slight amendment, until 1831, when a new copyright act extended the duration of copyright from fourteen to twenty-eight years for the original, or first term, with right of renewal to the author (now first extended to his widow or children, in case of his decease) for fourteen additional years, making forty-two years in all. By the same act the privilege of copyright was extended to cover musical compositions, as it had been earlier extended (in 1802) to include designs, engravings, and etchings. Copyright was further extended in 1856 to dramatic compositions, and in 1865 to photographs and negatives thereof. In 1870 a new copyright code, to take the place of all existing and scattered statutes, was enacted, and there were added to the lawful subjects of copyright, paintings, drawings, chromos, statues, statuary, and models or designs intended to be perfected as works of the fine arts. And finally, by act of March 3, 1891, the benefits of copyright were extended so as to embrace foreign authors. In 1897, Congress created the office of Register of Copyrights, but continued the Copyright office, with its records, in the Library of Congress. In 1846, the first enactment entitling the Library of the United States Government to a copy of every work protected by copyright was passed. This act, to establish the Smithsonian Institution, required that one copy of each copyright publication be deposited therein, and one copy in the Library of Congress. No penalties were provided, and in 1859, on complaint of the authorities of the Smithsonian Institution that the law brought in much trash in the shape of articles which were not books, the law was repealed, with the apparent concurrence of those in charge of the Congressional Library. This is that Library without any accessions of copyright books until 1865, when, at the instance of the present writer, the Library Committee recommended, and Congress passed an act restoring the privilege to the Library of Congress. But it was found to require, in order to its enforcement, frequent visits to the records of the clerks of United States District Courts in many cities, with costly transcripts of records in more than thirty other offices, in order to ascertain what books had actually been copyrighted. To this was added the necessity of issuing demands upon delinquent authors or publishers for books not sent to the Library; no residence of the delinquents, however, being found in any of the records, which simply recorded those claiming copyright as "of the said District." It resulted that no complete, nor even approximate compliance with the law was secured, and after five years' trial, the Librarian was obliged to bring before the committees of Congress the plan of a copyright registry at the seat of government, as had been the requirement in the case of Patents from the beginning. The law of copyright, as codified by act of July 8, 1870, made an epoch in the copyright system of the United States. It transferred the entire registry of books and other publications, under copyright law, to the city of Washington, and made the Librarian of Congress sole register of copyrights, instead of the clerks of the District Courts of the United States. Manifold reasons existed for this radical change, and those which were most influential with Congress in making it were the following: 1. The transfer of the copyright records to Washington it was foreseen would concentrate and simplify the business, and this was a cardinal point. Prior to 1870 there were between forty and fifty separate and distinct authorities for issuing copyrights. The American people were put to much trouble to find out where to apply, in the complicated system of District Courts, several of them frequently in a single State, to enter titles for publication. They were required to make entry in the district where the applicant resided, and this was frequently a matter of doubt. Moreover, they were required to go to the expense and trouble of transmitting a copy of the work, after publication, to the District clerk, and another copy to the Library of Congress. Were both copies mailed to Washington (post-free by law) this duty would be diminished by one-half.

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