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LITERARY HISTORY-LITERARY PROPERTY.
of literary civilization in the various Eu- 'fore the court in 1769. In 1709, the ropean nations, without the support of statute of 8 Anne, chapter 19, had been ancient classical civilization (see Berring- passed, giving to authors an exclusive ton's Literary History of the Middle Ages); copyright “ for the term of 14 years, and and the last begins about 1450, when the no longer.” Notwithstanding the limitastudy of the classics was renewed, and tion of the right to that term, by the stat knowledge revived in Europe.
ute, it had been held, in divers cases, subLITERARY PROPERTY. In the whole sequently decided, that the exclusive propcompass and variety of the products of erty of the author, or his representatives human labor, no one thing is more exclu- or assigns, continued after the expiration sively such than intellectual works. In of the 14 years; and, accordingly, in the fabrication and production of almost 1739, lord chancellor Hardwicke granted all other subjects of value and property, an injunction against a person, other than the materials are supplied, directly or in- the proprietors, printing Milton's Paradise directly, by the earth or the water ; and Lost, the title to the copyright of which man only cooperates with nature in fur- was derived to the proprietor, under an nishing the article. But a piece of music, assignment by Milton, 72 years before. In a painting, a poem, an oration, a history, the case relating to the copyright of or a treatise of any description, is the off- Thomson's Seasons, three of the judges, spring of the unaided labor of the mind. namely, lord Mansfield and justices Aston It is supplied from abroad, only with the and Willes, were of opinion, that the excanvass, paper, parchment, or whatever clusive right of property continued after other substance is used for recording the the expiration of 14 years from the first work, and affording the evidence of its publication, as limited by the statute of accomplishment, but which is no more a Anne, and such was the decision of the part of the thing produced, than a deed, court. Mr. Justice Yates dissented from conveying an estate, is a part of the thing that opinion. Five years afterwards, ir conveyed. But, though the right to the 1774, the other case came before the house products of intellectual labor is thus pe- of lords, and, as is usual with that tribuculiarly positive and absolute, it is among nal, the opinion of the judges of the king's the latest rights of property recognised in bench, common pleas and exchequer, was a community, since the subject of it, the taken. Lord Mansfield, being a member product itself, is only the result of an ad- of the house of lords, did not give an vanced state of civilization. Another opinion in answer to the questions proreason of its not attracting a more early pounded by the house; with the other attention, is its abstract, incorporeal na- judges, but acted and voted as a member ture, and also, in some cases, the difficulty of the body. Of the 11 judges who gave of defining and identifying it, and decid- opinions, eight were of opinion that an ing what is an infringement of this right author had of common right—that is, as of property ; and again, in some coun- by the common law, or without any stattries, speaking the same language as those ute to this effect—the exclusive privilege bordering upon them, the great difficulty of publishing his own works; and three of protecting this kind of property from were of a contrary opinion. Seven, against infringement, though no doubt arises as to four to the condary, were of opinion, that, the identification of the thing claimed, or by publishing his work and vending in determining what shall be considered copies, he did not abandon his exclusive to be an infringement. The question property to the public, or, in other words, whether an author has, of common right, that
, by making and selling one copy, he und independently of any special statute did not authorize all other persons to make, in his favor, a property in the products of and use or sell as many copies as they the labor of his mind, as unquestionable might choose. This seems to be so plain und absolute as any other producer has a point, that, if foạr respectable judges in those of the labor of the hands, was had not been of a contrary opinion, one very elaborately discussed in the court of would be ready to say it admitted of no king's bench, and in the house of lords, in doubt. A case very analogous, but much England, in the time of lord Mansfield, in stronger in favor of the author's right of the celebrated cases of Millar against Tay- property, is stated in the public journals lor, reported in the 4th volume of Bur- (1831), as having recently been decided in row's Reports, in relation to the copyright France. An artist had sold a statue or of Thomson's Seasons ; and Donaldson picture, the production of his own chisel Against Becket, reported in the same vol- or pencil
, and the question was made The first of these cases came be- whether the purchaser had a right to
vublish engravings of this original. It Third, chapter 156, an author is entitled was decided, that the artist alone, and not to an exclusive copyright in his work for the purchaser, had, in such case, the ex- 28 years, and, if he is living at the end of slusive right to make and publish engrave that period, it is continued during his life. ed copies. But, on the other question, This act is entitled to the commendation proposed by the house of lords, viz. of being less unjust than that of Anne. whether the statute of Anne took away. On the continent of Europe, the laws are the author's exclusive right to his own much more favorable, or, rather, mucn property, after the expiration of 14 years, less unfavorable, to authors. In France, six of the judges were of opinion in the they are entitled to an exclusive copyright affirmative, so that the whole 12 judges during their lives, and their heirs or aswere equally divided upon this question, signs for 20 years afterwards. In many lord Mansfield being, upon this and the of the German states, the right is perpettwo other questions, in favor of the au- ual, but it is subject to this disadvantage, thor's right. But the house of lords de- that it extends only to the state in which cided that the author had no exclusive it is granted, and the work may be pirated right after the expiration of the period in the others with impunity. This can be limited in the statute, though the reasons avoided only by procuring a copyright in given on that side, by the judges who the different German states, which is atsupported it, are very unsatisfactory ; and tended with much difficulty and expense. it is not easy to divine the grounds of the The defect of the laws of these German decision. But it has been acquiesced in states on this subject, therefore, is not in as law from that time, both in England confiscating the author's property, or reand the U. States. Thus, while the pov- fusing to recognise his right to it, but in erty of authors and scholars-the great burthening bim with heavy expenses in leaders and champions of civilization and securing its protection. In Russia, the intellectual advancement-has been pro- period of the copyright is the same as in verbial all the world over, the government France, and it is not liable to be scized has interposed, or is construed to have in- and sold for the payment of the author's terposed, with its mighty arm, not for their debts. In the U. 'States, the constitution protection and reward, but to despoil-- provides, that congress may secure, “ for them of their property, the fruits of their limited times, to authors, &c., the excluown labor, and sequestrate it for the pub- sive right to their respective writings,” &c.
If a man cultivates the ground, Under this provision, a law was passed, in or fabricates goods, the fruits of his labor 1790, giving to authors, being citizens of go to him and his heirs or assigns, abso- the U. States, or being resident thereiv, the lutely, forever ; but if he spends his life sole right of printing and vending their upon a poem or musical composition, he works for the term of 14 years from the only has a lease of it for 14 years, accord- time of recording the title in the clerk's ing to tho statute of Anne, when it is to office; and, if living at the expiration of
; be forfeited to the public. This doctrine that period, and then citizens or resident displays, in striking contrast, the rewa as above, they could have a renewal of bestowed, and the forfeitures enacted, in the exclusive right for 14 years longer, on reference to different species of glory and filing a copy of the title again in the public service. While a military hero is clerk's office. This law also required, rewarded with a grant of lands and a title that, at the commencement of each term, of honor, to himself and his heirs ad in- the author should publish the clerk's cer finitum, a man of equal genius, who, by tificate in some newspaper for four weeks. his labors, instructs and delights mankind, It also required that a copy should be deand sheds a lasting glory upon the country posited in the office of the secretary of of which he is a citizen, is despoiled of state. A more liberal, or, rather, less illibthe fruits of his own labors. The injus- eral, law was passed on this subject in tice of such a doctrine is so obvious, that 1831. By this act, the exclusive right is its legality, though sanctioned by an ac- extended to 28 years, with a right of requiescence of half a century, may wellnewal for his life, if the author is living. at be questioned. However this may be, the expiration of the first copyright. It legislatures have begun to mitigate the dispenses with the publication of the forfeitures heretofore inflicted upon lite- clerk's certificate in a newspaper-a very rary eminence, by extending the time for useless provision ; for, if the work itself which an author may enjoy the fruits of gives notice that the copyright is seci'reil, his own talents and industry. By a law a person who pirates it can have no prepasscd in the 54th year of George the tence for alleging ignorance of the fact
The act, also, though it requires that the like the other alkalies : heated with platiauthor shall supply a copy for the office of na, it acts on the metal. It combines with the secretary of state, excuses him from the different acids, and forms salts with the trouble of depositing it there, requiring then, like potash and soda, though post him only to leave it in the office of the sessed of a higher neutralizing power than clerk of the district court. (See Copyright.) these alkalies. Its phosphate and carbon
LITERATURE, according to the English ate are sparingly soluble ; its chloride is dictionaries, means learning. In general deliquescent and soluble in alcohol, and use, however, this word, in English, com- this solution burns with a red flame. All monly signsfies what in other countries its salts give a red color, when heated on would be called elegant literature, exclud- a platinum wire before the blow-pipe. ing works of abstract science and mere The muriate and nitrate are deliquescent. erudition. The meaning of the word, The metallic base of lithia was evolved in English, however, is vague. In Ger- by sir H. Davy, by galvanism ; but it was man and French, the word means, dis- too rapidly oxidized to be collected : the tinctly, the whole which has been writ- metal was, however, seen to be white like ten. Hence the phrase " literature of the sodium, and burned with bright scintillamiddle age,” or “medical literature," means tions. the aggregate of works written during the Lithic Acid, in combination with potmiddle ages, or on medicine, &c. Literary ash, is obtained from human urinary calis applied to all those brancḥes of read- culi, hy digesting them in caustic lixivium: ing which come within the scope of a the lithate of potash gives up the lithic general reader ; the phrase "literary gen- acid, on being mingled with acetic acid. tleman” corresponds pretty nearly to the It has the form of white shining plates, French homme de letlres. Literary ga- which are denser than water ; is without zette is a journal which treats of works taste or smell, and dissolves in 1400 parts interesting to a general reader. In literary of boiling water. It reddens the infusion history, the word has a more extensive of litmus. The lithates are all tasteless, meaning. (See Literary History.) and very sparingly soluble in water.
LITHIA ; the name applied by Arfwed- Lithic acid, by repeated distillations, is reson to an alkali discovered by him in solved into aminonia, nitrogen and prusanalyzing the petalite. The nåme wus sic acid. derived from the Greek liberos (stony), LITHOCHROMICS; the art of painting in in allusion to the existence of the earth in oil upon stone, and of taking impressions a stony mineral. Lithia has since been
This process, which is dedetected in spoduinene, and several kinds signed to multiply the master-pieces of of mica. The best process for procuring painting, was invented some years ago by it is the following: One part of petalite or Malapeau, in Paris, who received a patent spodumene, in fine powder, is mixed inti- for his invention, and has an establishment mately with two parts of fluor-spar, and for lithochromic productions, which have the mixture is heated with three or four been popular in Paris since 1823. This times its weight of sulphuric acid, as long process is a substitute for the copying of as any acid vapors are disengaged. The portraits ; it also serves as a cheap means silica of the mineral is attacked by hydro- of ornamenting walls. This art, howevfluoric acid, and dissipated in the form of er, is still in its infancy. The lithochromic fuosilicic acid gas, while the alumina and paintings yet produced are less valuable lithia unile with sulphuric acid. After than the poorest copies. A similar but dissolving these salts in water, the solution much superior invention has been made is boiled with pure ammonia to precipi- by Sennefelder, which he calls mosaic imlate the alumina ; is filtered, evaporated to pression. dryness, and then heated to redness to ex- LITHOGRAPHY (from lioos, stone, and pel the sulphate of ammonia. The resi- ypapav, to write); the art invented by Aloys ue is pure sulphate of lithia, which is Sennefelder (q. v.), of taking impressions issolved in water and decomposed by from drawings or writings on stone, withcetate of barytes ; and the acetate of out engraving. As the history of the inventhia, being heated to redness, is convert- tion of this art, and the principles on d into the carbonate of lithia, and, finally, which it depends, are contained in the aris is decomposed by lime or barytes, ticle Sennefelder, we shall confine ourselves, hich affords pure lithia. Its color is in this place, to an account of the process hite ; it is not deliquescent, but absorbs of lithographic printing, and of the matevrbonic acid from the air ; very soluble rials used in it. Two substances are used water ; acrid, caustic, and acts on colors for drawing upon stone-lithographic
chalk and lithographic ink. The former pense, it is more advantageous to fabricate is made of 1} ounce of soap, 2 ounces of artificial slabs, to which a proper density tallow, 14 ounce of pure white wax, 1 and hardness may be given. An intelliounce shell-lac, ounce lamp-black. gent potter can easily imitate the density Another receipt gives 2 ounces soap, 5 of natural stones. Slabs, used for this ounces wax, 1 ounce tallow, and 1 ounce purpose, have been made of stucco, comlamp-black. The soap, after it has been posed of lime and sand, and fastened with scraped fine, is put in an iron or earthen the caseous part of milk. Artificial slabe, vessel, over the fire, and, when it is melted, however, have not been made so as to little pieces of wax and tallow are added ; equal the real ones ; and the royal insti it must be stirred the whole time, and, tute of France have thought the subject when the heat is extreme, the contents of of sufficient importance to offer a large the vessel are to be lighted by a burning prize for the best. The stones are polishtaper, the stirring being continued. After ed by putting fine sand between two of a short time, the flame is to be extinguish- them, and thus rubbing them against each ed ; and, while the mixture is boiling, the other till the surface is smooth; then each lamp-black is to be gradually added. separate stone is rubbed with water and When this is done, the mixture is taken pumice-stone. After the stone is thus from the fire, and poured out on an iron prepared, it may be used for all kinds of or stone plate, and may be made into any writing and drawing, with the brush or form desired. For lithographic ink, a pen, &c. But if it is to be prepared for great many different receipts have been chalk, it must have a rougher surface, and, given ; one of the most approved of after the application of the pumice-stone, which is a composition made of equal it is to be covered with very fine sand, of parts of tallow, wax, shell-lac and com- a uniform size, and rubbed with another mon soap, with about one twentieth part polished stone without water. This is of the whole of lamp-black. These ma- turned round and round, till the necessary terials are mixed in an iron vessel ; the roughness is produced. Both kinds of wax and tallow are first put in, and heat- plates must be carefully preserved against ed till they take fire, after which the greasiness, uch as they would receive other ingredients are successively added; from the touch of the hand, since all the the burning is allowed to continue until greasy spots appear in the impression, the the composition is reduced about one greasy printing ink remaining on them. third. Au calcareous stones, being sus- If the drawing is to be prepared with ceptible of taking in a greasy substance, ink, the stone is first covered with oil of and of imbibing water with facility, are turpentine or soap-water, to prevent the suitable for lithographic printing, provided lines from spreading. Then the drawing they are compact, capable of receiving a may be made on the stone with a black fine polish, and of a clear and uniform lead pencil or with a red crayon; but the color ; the more compact' and uniform latter is preferable, because, when the ink in color, the better. Those commonly comes to be applied, it is easier to discovused are a nearly pure carbonate of lime. er how far the lines of the drawing are Suitable stones are by no means scarce. really covered with ink. After having The quarry 'from which the first litho- dissolved the ink in rain or river water graphic stones were extracted, is still that the former ought to have stood some which furnishes them in the greatest time), these pencil outlines are covered abundance, and of the largest dimensions. with ink. If the stroke is black, or, ut It is situated at Solenhofen, near Pappen- least, dark brown, it may be inferred that heim, in Bavaria. No quarries hitherto the impression will succeed. But if light known in France, afford stones equal to brown, and transparent, it will not give the German. Those found near Chateau- the impression. The ink may be laid on roux are of a similar color to those of with the pen or brush. Goose quills, Solenhofen, and even harder, and of a however, are not well suited for this purfiner grain ; but they are full of spots of a pose, particularly if the strokes are to be softer nature, so that it is difficult to pro- very fine; the pens are too quickly blunted; cure pieces of the necessary size. In but steel pens are used to great advantage: England, a stone has been used which is these are made of watch springs. After found at Corston, near Bath. It is one of the drawing, the plate is left several hours, the white lias beds, but is inferior to the and then put under the press. For drawGerman in fineness of grain and closeness ing with chalk, it is necessary to apply the of texture. When proper stones cannot finest and softest tints first, and the strongest be obtained without difficulty or great ex- afterwards. If the proper effect cannot be
LITHOGRAPHY-LITHUANIA. given to the foreground by chalk only, a though lithography is of great use, and little ink is added with the brush or pen. excellent impressions are produced, parIf the drawing has very fine tints, it is ticularly at Munich, it is yet very imperfect necessary that the impression from the In landscapes, the soft tints and the perplate should be taken immediately, other- spective cannot be properly given; the wise the oil will dry or evaporate, and lines are not sufficiently delicate. The the ink will not take effect on these parts. number of impressions which can be The oil varnish used must be of the best taken from a lithographic chalk drawing, kind. Before the stone is covered with will vary according to the fineness of the ink, it must first be dipped in nitric or tints. A fine drawing will give 400 or sulphuric acid, diluted with water to such 500; a strong one, 1000 or 1500. Ink a degree, that only a slight effervescence drawings and writings give considerably is produced ; the proportion of acid more than copper-plates. The finest will should be but little more than one per yield 6000 or 8000, and strong lines and cent. ; this will make the stone in the writings many more. Upwards of 80,000 parts not covered by the drawing more impressions have been taken, at Munich, readily imbibe the water. This process is from one writing of a form for regimental called etching the drawing. After this, it is returns. But it is probably susceptible of merely dipped in common water. Great farther improvements. Štone paper, a care must be taken that the acid is not too substitute for stone plates, was invented by strong, as it will then injure the fine strokes Sennefelder, in 1817. (See Sennefelder's and tints. When the stone has imbibed Vollstän diges Lehrbuch der Steindruckerey, sufficient water, a liquid mixture must be Munich, 1818). Lithography is now poured over it, consisting of one sixth lin- very widely spread. In all parts of Gerseed oil, two sixths oil of turpentive, and many, also in France, Russia, England three sixths of pure water: this again must and the U. States, there are lithographic be wiped off clean, and the stone must be printing establishments. The lithographic then covered with a solution of gum- process is generally employed for printing arabic in water; this prevents the lines from music, and has given rise to lithochromics. spreading. Immediately after this process, (q. v.) The best lithographic establishit is inked. The printing-ink is applied by ments
, at present, are at Munich (Bavaria) means of leather printers' balls, stuffed and Paris. The French are the most exwith hair, or by cylinders, which must be pert in the process of printing. Some of various sizes. The first impressions beautiful lithographic prints have also are seldom perfect. After each impres- been executed at Berlin. sion, the stone is washed with water, and, LITHOTOMY is the name given to the from time to time, is sponged over with operation for extracting the stone from the gnm-water, which is prepared from one bladder. (See Stone.) ounce of finely pounded gum-arabic, and LITHOTRITY ; a surgical operation, by half a pound of water. The ink which which the stone in the bladder is crushed has settled on a spot that should be light, by an instrument invented and first apis either removed with a clean sponge, or plied by doctor Civiale, of Paris, in 1826. hy diluted acid, applied with a sponge, He has written on the subject. and the place is afterwards washed with LITHUANIA (in the language of the pure water. The printing-ink is com- country, Litwa; in German, Litharen); posed, like other printing-inks, of oil-var- an extensive country, formerly an indenish and fine lamp-black. To prepare pendent grand-duchy, containing 60,000 the varnish, a vessel is about half filled square miles, but in 1569. united to Powith pure linseed oil, and heated till it land. Since the dismemberment of that takes fire from the flame of a piece of kingdom in 1773, 1793, and 1795, the greatburning paper. It is allowed to burn till er portion of it has been united to Russia, reduced to the proper density. To de- and forms the governments of Mohilew, scribe the press, a drawing would be neces- Witepsk, Minsk, Wilna and Grodno. The sary.
Besides the mode of preparing climate is temperate and healthy, and the drawings above described, drawings the face of the country nearly a level, inure also cut into the stone, and from these terrupted only by a few insignificant hills. impressions are taken. Engravings may The soil is in some parts sandy; in others ulşo be multiplied by putting them wet on marshy, or covered with woods; but, u stone, when they come from the copper- wherever it is cultivated, very producplate press, and subjecting them to pres- tive. The principal rivers are the Dúna, sure, by which the ink is made to leave or Dwina, the Dnieper, the Niemen, the we paper and adhere to the stone. Al- Przypiec and Bug. There are also many