ANNIVERSARY

Library of Congress Washington 1995 Introduction

Our nation's Founding Fathers recognized not only the need to protect the rights and property of individual Americans, but also the importance of providing incentives to stimulate the economic and cultural growth of the United States. Thus, in Article I, Section 8 of the Constitution, they gave the Congress the power "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." In 1790, Congress passed the first copyright law. Congress created the Library of Congress ten years later. No subsequent legislation was more important to the development of the Library than the 1870 law that transferred the entire "copyright business" from federal courts to the Library of Congress. The law required all authors, poets, artists, composers, and mapmakers to deposit in the Library two copies of every book, pamphlet, map, print, and piece of music registered in the United States. This booklet reprints John Y. Cole's article "Of Copyright, Men & a National Library" in recognition of the 125th anniversary on July 8,1995, of the placement by Congress of the copyright system in the Library. The partnership has served the nation well. Supplying the information needs of the Congress, the Library of Congress has become the world's largest library and America's national library. This great repository of more than 108 million books, photographs, maps, films, documents, sound recordings, computer programs, and c:her items has been created largely through the operations of the copyright system, which brings deposits of every copyrighted work in the Library. The importance of copyright deposits to the Library's ability to serve the Congress and the nation has not diminished. Indeed, we rely increasingly on copyright deposits to keep current our collections of books, databases, and other materials created by our fellow Americans. The placement by Congress of the copyright registration system in the Library of Congress was both idealistic and practical. It has created unequaled national collections and yielded tremendous benefits to the public, exceeding the highest expectations of those legislators who approved the copyright revision a century and a quarter ago.

-James H. Billington Librarian of Congress Introduction

In building the Copyright Office of the 21st century, we will continue to seek better ways to participate in developing the collections of the Library of Congress as well as to serve our constituency of authors, musicians, artists, and other creators who need the protection of copyright. Copyright law protects authors' works but also aims to promote creativity by ensuring that works are available to others for study and reflection. The Copyright Office transfers over 800,000 items to the Library of Congress each year. We will continue to enhance the collections of the Library not only through transfer of copyright deposits but also through an electronic system being developed that will allow for paperless copyright registration and deposit. Registration applic@ons and copies of works, including unpublished works that the Library finds it difficult to acquire, will be transferred and stored electronically. The establishment of an electronic copyright system will be an important step towards advancing the Library's development of its own digital archives and enabling widespread access to it.

-Marybeth Peters Register of Copyrights The following article was originally published in The Quarterly Journal of the Libra y of Congress, Vol. 28, April 1971.

John Y. Cole is a librarian and historian who has been on the staff of the Library of Congress since 1966. He has been director of the Center for the Book since it was established in 1977. His most recent book Jefferson's Legacy: A Brief Histo y of the Libra y of Congress was published in 1993. To the public, the importance. . . of having a central depot, where all products of the American mind may be gathered, year by year, and preserved for reference, is very great. The interest with which those in 1950 may consult this library. . . can only befully and rightly estimated by the historian and the bibliographer.

--Charles Coffin Jewett Annual Report of the Board of Regents of the Smithsonian Institution, 1849

In the United States the practice of depositing, in a single location, copies of items registered for copyright protection has served two purposes: deposit for record, whereby the item, or deposit, is kept as legal evidence of copyright registration; and deposit for use, whereby it is kept for library use and the enrichment of library collections. The history of the national library is firmly linked to the second purpose, as copyright deposit for use was the method by which a national collection of books and materials comprehensively reflecting the American national life was accumulated. The foundation of British and American copyright law is the Statute of Anne (1710), which included a provision for sending copyright deposits to several British libraries. Copyright deposits were first received by the British Museum Library in 1814 and played an important role in that institution's development into a national library during the 19th century. When Anthony Panizzi became Keeper of Printed Books in 1837, the British Museum ranked seventh in size among great European libraries. Because of his strict enforcement of the copyright law, And the history of the development the size of the Library had nearly of a national library in the United doubled by 1852, and by 1859 States followed the same course. the British Museum had risen to Two American librarians, second place among Europe's Charles Coffin Jewett, Librarian of libraries.' the Smithsonian Institution from The establishment of copyright 1847 to 1854, and Ainsworth Rand deposit as an effective method of Spofford, Librarian of Congress from building library collections was of 1865 to 1897, stood alone in greater importance to the recognizing the value of copyright development of a national library in deposits to their institutions and to

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3 The Library of Con ress when it was located in the Ca it01 Building, depicted by W. Bengou h or Jar er's Weekl , 27, 189f Standing at the ri ht is Ainsworth W. &offord, fibrarian of &n:r"."s':e?ose 15-year campaign for space~nally culminated in a new building to house the national collection.

the United States than it was in the development of a national library England. The first U.S. law providing in the United States. For a brief for the enrichment of library period it appeared that Jewett's collections through copyright deposit Smithsonian library might someday was passed in 1846 but was largely be a national library, but at the close ineffective. It was not until the of the Civil War the Library of copyright laws of 1865 and 18702 Congress, under Spofford's direction, were put into effect that the concept assumed the national role. At the of deposit for use became a reality. turn of the century the Library of Congress was recognized as validity of the copyright. America's national libraq-.When it By 1837 there was a change in occupied its magnificent new the intellectual climate in the United building in 1897, it was distinguished States which soon led to a renewed, if by the unsurpassed size and scope of passive, interest in copyright deposit its collections relating to American for library use. Considerable interest national life, which were had developed among New England overwhelmingly the result of the scholars and literary men in the need copyright law. for an American "national literature," In the United States the concept and the need for a national library of copyright deposit for library use was frequently mentioned at the was enacted into State law at an early same time. This new national self- date. A Massachusetts law of 1783 consciousness was stimulated by an provided that one copy of every book increased interest in national history, copyrighted in the State be the desire to "free" American forwarded "to the library of the scholars from dependence upon University of Cambridge [Harvard] European literature and libraries, and for the use of said University." a growing awareness of the However, the first Federal copyright inadequacy of American libraries. law, passed May 31,1790, did not Many New England intellectuals, provide for deposit for library use, including Edward Everett and even though the concept of deposit George Ticknor, both instrumental in for record was implicit: as legal the founding of the Boston Public evidence of copyright, a single copy Library, linked the accumulation of of the registered book, map, or chart large libraries directly to the was to be forwarded directly to the development of a national literature. Secretary of State in Washington Their views were echoed by a writer within six months of publication. The in The American Almanac and copyright amendment of April 29, Repository of Useful Knowledge for the 1802, added designs, engravings, and Year 1837, who also noted the etchings to the list of items protected desirability of government support, by copyright, but it did not affect the as the formation of several large deposit requirements. libraries "under the patronage and The act of February 3,1831, the direction of the government. . . first general revision of U.S. would afford the most important copyright law, provided for the aliment to American literature, which protection of musical compositions might soon be expected to manifest a for the first time and changed the growth more vigorous than hitherto deposit procedure: copies were to be ~itnessed."~ deposited with the clerk of the U.S. The need for a large district court, who would forward accumulation of books in an them to the Secretary of State within American national library was a year, along with a "certified list of frequently expressed in the North all such records of copyright." The American Review, the prestigious emphasis on deposit as the legal intellectual journal, published in record of copyright was further Boston. In an extended article on accentuated in 1834 when, in Wheaton libraries in the July 1837 issue, v. Peters (8 Peters 591), the Supreme historian George W. Greene, writing Court ruled that the deposit of a from his position as U.S. consul in record copy was essential for the Rome, urged a concentrated effort to build a national library which would January 8,1845, a speech which a "render the American student nearly writer in the North American Review independent of the vast collections of claimed would "render more European libraries." He advocated memorable the day on which it was enlarging the Library of Congress delivered than that gallant military into the national library. achievement of which it is the But the Library of Congress was anniversary" (the Battle of New a meager place in 1837. The American Orleans), Choate urged devoting the Almanac, while listing it as the largest part of the Smithson bequest "National" library, ranked its to the establishment of a national collection of 24,500 volumes in fifth library: place among American libraries, "does not the whole history of civiliza- behind the collections of the Library tion concur to declare that a various Company of Philadelphia, Harvard, and ample library is one of the surest, most constant, most permanent, and the Boston Athenaeum, and the New most economical instrumentalities to York Society Library. Congress increase and diffuse knowledge? regarded the Library of Congress as There it would be--durable as liberty, durable as the Union; a vast store- only a small legislative library and by house, a vast treasury." the late 1830's was turning its attention toward the development of Choate, chairman of the Joint another Washington institution. Committee on the Library, the In 1838 the half million dollars governing committee for the Library bequeathed to the United States by of Congress, felt the small amual Englishman James Smithson for "an expenditure Congress allowed for establishment for the increase and that Library could never "enable it to diffusion of knowledge among men" fulfill the functions of a truly great was paid into the U.S. Treasury, and and general public library of science, Congressional debate on how best to literature, and art." spend the money intensified. Representative George P. Marsh Smithson's gift had not been an easy of Vermont, Choate's supporter in one for the United States to accept- the House of Representatives during John C. Calhoun felt, for example, it the Smithsonian debates and a fellow was "beneath the dignity of the committee member, attacked those country to accept such gifts from who felt a grand accumulation of foreignersu- and it was even more knowledge in the form of a national difficult for Congress to agree on the library was not a noble purpose: "It type of "establishment" Smithson is an error to suppose that the had in mind. An agricultural accumulations of the stores of experiment station, a national existing learning, the amassing of the university, an institute for scientific records of intellectual action, does research, a museum of natural not tend also to increase knowledge. history, and a national library were What is there new in the material among the proposed establishments. world, except by extraction or Rufus Choate, a book-loving Whig combination?" Marsh also insisted lawyer from Massachusetts, elected that the American national library, to the Senate in 1841 to fill the when established at the Smithsonian, vacancy created by the resignation of be as comprehensive as possible, Daniel Webster, led the national since it had to sustain "a people library advocates in the Smithsonian descended from men of every clime, debate. In a heroic Senate speech on and blood, and language." Choate, Marsh, and most publishers and authors. The Library advocates of a national library did of Congress was probably included not view copyright deposit as an with the Smithsonian as a corecipient important means of obtaining the of the deposits because Choate and necessary books, or "accumulations." Marsh, along with Senator James A. Greene, in his 1837 North American Pearce of Maryland and Review article, had proposed that all Representative Benjamin Tappan of American historical societies Ohio, other principals in the regularly transmit their published Smithsonian national library debate, volumes to the Library of Congress were all members of the Joint but did not mention copyright Committee on the Library. None of deposit. Instead, immediate large them, however, had any ambitions annual appropriations appeared to for the Library of Congress as a these men to be the only way to national library.6 acquire books on the scale intended, In spite of its obvious flaws, particularly if the United States were section 10 of the 1846 act was the first ever to rival the 700,000 volumes in legislative recognition of the value of the Bibliotheque Nationale or even copyright deposits to American the 300,000-volume library of the libraries since the Massachusetts law University of Gottingen, which of 1783 and was an important step in Marsh claimed was "the most useful the development of a national library of all for the purposes of general in the United States. Although the act scholarship." was a compromise among the Yet the act of August 10,1846, various schemes proposed for the which established the Smithsonian Smithsonian, it helped keep the Institution, contained the first national library plan alive through its Federal provision for the use of stipulation that an appropriation copyright deposits to enrich "not exceeding an average of twenty- American libraries. According to five thousand dollars annually" section 10, both the Smithsonian should be made to develop a library Institution and the Library of "composed of valuable works Congress were to receive one copy of pertaining to all departments of each copyrighted article within three human knowledge." months of publication "for the use of said libraries." This provision was At the Smithsonian, introduced by Senator Stephen A. JosephHenry Douglas of Illinois and was and Charles Coffin Jewett apparently accepted without debate. Copyright deposit was clearly The chances that the considered supplementary to the Smithsonian might grow into a acquisition of books through national library were enhanced by purchase, for there were no the appointment of Charles Coffin enforcement provisions in section 10. Jewett, the prominent librarian of As the deposit of copies at the Brown University,,to the post of Smithsonian and Library of Congress Assistant Secretary in Charge of the did not appear necessary for the Library. Professor Jewett was selected validity of the copyright and the for the position by the national institutions had no legal power to library proponents on the claim delinquent deposits, the law Smithsonian Board of Regents, was eventually ignored by most including Rufus Choate, Jewett's fellow New Englander and strongest England acquiring books, visiting supporter. The newly appointed libraries and librarians, and studying Secretary of the Smithsonian, Joseph languages. In England he met and Henry, professor of physics at I I ~rinckton,acceptedthe Regents' recommendation and Jewett was appointed. Although Henry had no objection to Jewett, admitting he could not think of any other possible candidates, he recognized that agreement between himself and Jewett concerning the Smithsonian was necessary and should be achieved immediately. Prophetically, on March 23,1847, Secretary Henry warned his new assistant, "we have embarked together on a perilous voyage and unless the ship is managed with caution and the officers are of the same mind and determined to pull together, we shall be in danger of shipwreck."' Joseph Henry, Secretary of the Smithsonian Institution when its library was transferred to the Library of Congress in 1866.

formed a strong friendship with Anthony Panizzi, then Keeper of Printed Books at the British Museum, and later Principal Librarian. Jewett spent months observing the operations and admiring the collections of the great foreign libraries and frequently contrasted their riches to the poverty of American libraries. Once at the Smithsonian, he set out to correct this deficiency by forging that institution into a strong national library and bibliographic center, convirked that Charles Coffin Jewett, Librarian of the Smithsonian Institution, whose Congress shared his wish. ef orts to turn the Smithsonian into Secretary Henry, despite td e national library were defeated by Congressional authorization for a Joseph Henry. large Smithsonian library, definitely did not share Jewett's national library As librarian and professor of views. The foremost American modem languages and literature at scientist of his day, Henry insisted Brown, Jewett had spent over two upon a limited library designed years in France, Italy, Germany, and solely to support what he, as Secretary, viewed as the true -purpose - centralized cataloging system for U.S. of the ~kithsonian:the increase of libraries, based on the distribution of knowledge by scientific research and catalog entries produced at the the subsequent diffusion of this Smithsonian from stereotype plates. knowledge through publication. In Other libraries could use the plates in its first years, however, the ultimate producing their own catalogs and direction which the Smithsonian would prepare catalog entries and would take was not clear, and an plates for items not in the uneasy peace prevailed between the Smithsonian catalog. To eliminate the strong-willed Secretary and his duplication of cataloging effort and ambitious librarian.8 to merge, in effect, the separate Late in the autumn of 1847 library catalogs, Jewett proposed the Jewett expressed his concern to use of uniform cataloging rules as a Henry over the failure of the 1846 act necessary component in his national to provide for strict enforcement of bibliographic system. He also the copyright deposit requirements. published a list of copyright deposits The next spring, as most publishers received at the Smithsonian through were still not forwarding the 1850 in two appendixes to the 1850 required copies to the ~mithsonianor annual report.1° the Library of Congress, he The success of Jewett's national reemphasized the need for library plans depended on the enforcement provision^:^ accumulation of a comprehensive if it be considered just & expedient to collection at the Smithsonian, which require three copies of every book, let was not possible without the delivery of them be made obliga- tory & essential to the securing of a enforcement provisions in the valid title. I have always thought that copyright law. Even though Jewett at least two copies should be required, because there is always danger of los- claimed the ruling was not valid, he ing one by fire or otherwise. One of was disturbed by the decision of the these copies should be kept in a safe New York District Court in Jollie v. depository, from which it should never be taken, except by order of a Court of Jacques (1 Blatchford 618) in 1850 that Law. the deposit of copies at the Charles Coffin Tewett was the Smithsonian and the Library of first American librarian to recognize Congress was not essential to the and acclaim the potential value of validity of the copyright. copyright deposits to the According to Jewett's statistics development of an American in his 1850 annual report, only 15 national library. In his 1849 annual percent of the books and pamphlets report he explained why a complete in the Smithsonian library had been copyright collection was necessary: obtained through the copyright law. In coming years, the collection As an appendix to the report, the would form a documentary history of Smithsonian published Jewett's American letters, science, and art. It is Notices of Public Libraries in the United greatly to be desired, however, that the collection should be complete, States of America, perhaps the best without a single omission. We wish for evidence of its librarian's national every book, every pamphlet, every bibliographic activities. A pioneering printed or engraved production, however apparently insignificant. work, the Notices contained historical Who can tell what may be important in and statistical information future centuries? concerning more than 900 libraries. The keystone of Jewett's Jewett found that Harvard, with its national library plan was to be a 84,200 volumes, had the largest library collection in the United States, concerned only with the desired followed by the Library Company of result, a grandiose national library Philadelphia, Yale, and then the which would put Europe to shame, Boston Athenaeum and the Library while Norton's viewed copyright of Congress, both with deposit from the standpoint of the approximately 50,000 volumes publisher: deposit was the best apiece. The copyright library in the possible advertisement he could State Department, recipient of have.I2 deposits for record since 1790, In his 1851 annual report, Jewett numbered only 10,000 volumes, and complained at length about the the Smithsonian library a mere copyright situation, estimating that 6,000." the Smithsonian received as deposits The first half of the decade of the less than half of the works annually 1850's witnessed a surge of library copyrighted in the United States. activity in the United States; among Again pleading for enforcement other events, the first national provisions, he suggested a reduction librarians' conference was held in in the number of copies required for 1853, and New York's Astor Library deposit. While he could not say and the Boston Public Library "whether or not the deposit is opened in 1854. But Charles Coffin desired by the guardians of the Jewett and his plans for a national Library of Congress," if the deposit library at the Smithsonian created the requirement were ever reduced to most excitement. The North American one copy, he felt it "could be most Review proclaimed: "We must have a properly placed in the library of the large national library . . . the Smithsonian Institution." Smithsonian Institution affords one By 1851, however, relations of the most favorable opportunities between Jewett and Henry were that was ever offered in any country deteriorating. Henry was becoming for the establishment of such a more adamant in insisting that the library." Norton's Literary Gazette, Smithsonian library would not leading publishing and literary absorb more than a limited share of journal of the day, took special note the annual budget, and the of the Smithsonian in a February outspoken Jewett was equally 1852 issue and expressed great hope determined to gain greater financial for its future: "The Library has been support in order to carry out his commenced; and although the funds national library plans; each stated his have not been available for its rapid case in separate annual reports with growth, it is destined, we hope, to increasing determination, and each meet that great want of American rallied his supporters on the Board of scholarship, a National Library for Regents. Henry was never opposed reference and research." to the idea of a national library per In its only mention of the se, viewing the idea, in fact, with copyright law, Norton's scolded some favor; however, he was publishers for not depositing copies absolutely opposed to the but, like the North American Review, it Smithsonian Institution's becoming did not suggest copyright deposit as that national library. He felt the a method of developing the national Government should establish and library which each journal was maintain a national library in another promoting. Generally, the writers in institution and even looked to the the North American Review were Library of Congress as a foundation "for a collection of books worthy of a reference and research will be Government whose perpetuity collected at the Smithsonian principally depends upon the Institution, if not by the expenditure intelligence of its people." In the of the funds of the Institution, then same 1851 report he clearly warned by other means," and he warmed the Jewett, "The idea ought never to be hearts of supporters of the national entertained that the portion of the library cause by eloquently limited income of the Smithsonian proclaiming a great central library to fund which can be devoted to the be "an important national object; as purchase of books will ever be necessary to secure the literary sufficient to meet the wants of the independence of this people as was American scholar." the war of the Revolution to secure Jewett completely ignored its political independence." The Henry and increased his own librarians responded enthusiastically propaganda activities. In his 1853 and passed resolutions approving the report he reaffirmed his goal: "There idea of the Smithsonian as the ought, therefore, to be in every national library and endorsing country one complete collection of Professor Jewett's stereotype everything published-ne library cataloging scheme.13 where everything printed should be But time had run out for Jewett garnered up, treated as of some and his national library plans at the importance." Smithsonian. In 1854 newspaper and In 1853 Jewett was the most magazine reports hostile to Secretary eminent librarian in the land, and it Henry and his plans for the was only natural that he should play Smithsonian began to appear with a central role in the first librarians' increasing frequency; Henry correctly conference in the United States, held surmised that Jewett was responsible in New York City from September 15 for the articles and resolved to take to 17. The conference was conceived action. Assured of the support of a and organized by Charles B. Norton, majority of the Board of Regents, a New York bookseller and the Secretary Henry fired Professor publisher of Norton 's Literary Gazette. Jewett on July 10,1854. Senator Attended by over 80 delegates Choate angrily resigned from the representing 47 different libraries in Board of Regents, Jewett strongly the United States, the conference protested, dozens of outraged itself was proof of the growing editorials appeared, from national interest in library matters. Washington to Boston, and a Jewett, elected conference president, Congressional investigation held the floor for half a day reviewed the entire affair. But Henry explaining at length his plans for the had gathered his evidence and built development of the Smithsonian his case carefully, and his victory was library. He began by presenting never seriously in doubt. statistics about copyright deposits While Senator Choate and other received at the Smithsonian, national library supporters continued emphasizing, as always, the the battle in Congress, others deficienciesin the system and the conceded defeat and mused that after need for enforcement provisions. In all, the Smithsonian might not be the spite of his difficulties with Henry, most suitable institution for the Jewett explicitly reaffirmed his belief national library. Norton's Literary that "a large central library of Gazette took this position, stating that Smithson's bequest "would not be the district court clerks from that more than sufficient to lay the date hence. After a 13-year trial the foundation of the library that our concept of deposit for use had country should now have."14 suffered a severe setback, as the Professor Jewett returned to New single copy now sent to the Patent England, became the successful Office was the deposit for record and Superintendent of the Boston Public not available for use. The lack of Library, and dropped his national enforcement power in the 1846 law library plans. was the major reason for the failure The value of the copyright 'of the first national effort in the deposits in the Smithsonian library United States to provide copyright was at the root of the disagreement deposits for the development of between Jewett and Henry, and once library collections. Unable to he was rid of Jewett, Secretary Henry establish an effective means of turned his attention to securing the building a national collection, Jewett repeal of the irksome deposit had failed to realize his national requirement. He had always been library plans for the Smithsonian. dismayed at the odd assortment of chromolithographs, maps, and other Meanwhile, objects brought into the Smithsonian at the Library of Congress by the copyright law and unhappy with the nonscientific contents of The Librarian of Congress most of the books. Henry felt most of between 1846 and 1859, when the the deposits were worthless and copyright law brought deposits to resented the administrative expense the two institutions, was John Silva they represented, as well as the Meehan, an appointee of Andrew popular image and clientele they Jackson. Meehan supported Joseph brought to his Institution. On March Henry's efforts to have the deposit 5,1855, the Smithsonian was relieved provision repealed; during the 13 of paying the additional postage due years when it was in effect, the law on deposits, as Congress finally brought only about 4,200 volumes passed an act allowing copyright into the Library of Congress, and it deposits to be sent free through the was never regarded as an important mails, a reform long advocated by means of acquiring materials. In Jewett. December 1851 the Library had Henry favored the consolidation suffered a disastrous fire, in which of copyright activities at the Patent 35,000 of its 55,000 volumes were Office, where the patent business was destroyed, including many copyright centralized, and felt that the deposit deposits. Congress generously of a single copy would be sufficient. appropriated $85,000 to rebuild the On February 5,1859, he was Library's collections, and Meehan successful: the 1846 law requiring the devoted most of his time to deposit of copies in the Smithsonian preparing purchase lists for the Institution and the Library of Library's London bookdealer. Congress was repealed. The Between January 1852 and April 1856 copyright records and the 12,000- more than 36,000 volumes were volume copyright library in the purchased, while only 2,000 were Department of State were transferred acquired through copyright.15 to the Patent Office, which was to Meehan's assistant, E. B. Stelle, receive the single copy forwarded by handled the copyright correspondence and viewed the add the stray books to the collections whole copyright business as a than to return them.17 burden. The Library suffered the In 1859 the Manual of Public same problems in relation to Libraries, Institutions, and Societies in copyright deposits as did the North America, originally intended as Smithsonian: few publishers a continuation of Jewett's Notices of bothered to deposit copies, and the Public Libraries (1849) and compiled issuing of receipts and certificates by William J. Rhees, Chief Clerk of was a troublesome administrative the Smithsonian, was published. By duty. Publishers frequently 1859 the American library movement forwarded the two deposit copies in had blossomed, and Rhees' Manual the same pack, and Stelle continually was considerably larger than Jewett's requested them to mail the deposits slim survey; Secretary Henry, not at separately, one to each institution. all anxious again to associate the While he often pleaded Smithsonian with a "national" library ignorance of legal points related to survey, refused to publish the Manual copyright, Stelle did encourage under the auspices of the Institution, publishers to deposit their volumes and Rhees published it himself. when in doubt. In 1854, apparently According to his tabulation, Harvard unaware of the Jollie v. Jacques was still the largest American library, decision, he wrote an Ohio author:16 holding approximately 113,000 volumes, followed closely by the Questions in relation to the erfection of copyright under this &w have Astor Library, the Boston Public arisen amon some of the publishers Library, the Boston Athenaeum, Yale, of the north,fut whether the question has been carried to the courts, I know and then the Library of Congress and not. I think you had better send your the Library Company of book, as required by law, and should the point arise with regard to the law Philadelphia, each with 63,000 being carried out, you will at least volumes. The Smithsonian library have shown your intention to have contained only 25,000 volumes. compIied. After the deposit requirement Ainsworth Rand Spofford was repealed in 1859, Meehan and Stelle dutifully notified major With the withdrawal of the publishers that it was no longer Smithsonian Institution from its necessary to send copies to the position of leadership among Library. For the next two years, until American libraries, the repeal of the the trickle finally stopped, deposits deposit-for-use provision in the mistakenly sent to the Library were copyright law, and the widening of nonetheless usually absorbed into the the sectional dispute between North collections. For example, Meehan and South, Congressional and informed a Detroit author that the literary interest in the national library Library had kept his book, sent four cause subsided. Yet the Civil War months after the law's repeal, "as it proved to be an indirect stimulus to would be expensive to you to have it the national library effort, for it returned." Another author found his brought to Washington a Cincinnati errant deposit placed in the Library's bookseller and journalist who, as collections "as a 'present' unless you Librarian of Congress from 1865 to send me directions to the contrary." 1897, successfully used the concept of Not a collection-builder,Meehan deposit for use to build the basis of a simply found it more convenient to national library. Born in New Hampshire, newspaper, and two of his earliest Ainsworth Rand Spofford moved to articles were on the subject of Cincinnati in 1844, where as a young copyright. As with Jewett, the bookseller and editorial writer, he copyright deposits were of greatest developed strong interests in interest, and on February 10,1859, literature and politics. In 1849, with Spofford wrote an article which the assistance of friends, Spofford emphasized the variety of deposits founded the Literary Club of received by the U.S. district court Cincinnati, and under his guidance clerk in Cincinnati, finding that the club became a western outpost of "Twenty-six copyrights have been New England culture and antislavery secured, of which one was for a sentiment. His close friend Reuben cough label, one for a lithograph, H. Stephenson, librarian of the three for maps, six for bookkeeping Cincinnati Mercantile Library, played and interest tables, and fifteen for an active role in the 1853 librarians' books. Of the latter, five were conference in New York and reported revisions and new editions of old on proceedings to his fellow books, and ten were new books." members of the Literary Club. While Spofford was sent to in Cincinnati, Spofford developed his Washington in 1861 as a talents as an abolitionist pamphleteer correspondent for the Commercial. and literary essayist, publishing one When not busy preparing dispatches of his first articles in the North for his newspaper, he visited Reuben American Review in 1855. H. Stephenson's brother, John G. Stephenson, who had recently been appointed Librarian of Congress by President Lincoln. Librarian Stephenson, impressed with the knowledge of books, enthusiasm, and Republican credentials of his brother's friend, offered Spofford the job as Assistant Librarian of Congress. Uncertain of his future with the Commercial, Spofford accepted. While the Library of Congress tied for sixth place among U.S. libraries in the 1859 Rhees survey, Spofford never considered it anything but the national library. Like the national library advocates of the North American Review and the supporters of the cause in the Smithsonian debate, he felt the primary function of the American national library should be the accumulation of a comprehensive collection of American publications; In 1859 Spofford became his first official letter was therefore associate editor of the Cincinnati probably a poignant reminder of the Daily Commercial, a leading potential role of copyright deposits in building a collection worthy of a For the 1865 deposit amendment national library. On September 23, was stronger than the 1846 law: it 1861, he wrote a gentleman in St. stipulated for the first time that Paul, Mim.: failure to deposit a copy for use could result in the forfeiture of the In reply to your favor. . . relating to your Map of Dakota, I would state that copyright previously secured. But the Law requiring a copy of each pub- actual deposit within the Library was lication issued to be deposited in this Library was repealed Feby 5,1859, and still not ensured, for the Librarian all Books & Maps sent by mail to the was responsible for detecting any Library of Congress are now depos- violations and for claiming ited in the Department of Interior. delinquent deposits. Nonetheless, the Spofford was the intellectual concept of deposit for use assumed a heir of Charles Coffin Jewett's views new importance when the on the importance of copyright amendment of March 3,1865,passed, deposits to the development of an because the Library of Congress now American national library, but his had a legal right to claim for its task was easier than Jewett's. For collections and use "a single copy of example, he could deal directly with every book, pamphlet, map, chart, Congress and was able to act musical composition, print, effectively less than two months after engraving, or photograph, for which his promotion to Librarian on copyright shall be secured." December 31,1864.By February the In 1860 Joseph Henry sent a Joint Committee on the Library large accumulation of American agreed to support an amendment newspapers to the American which would return the copyright Antiquarian Society "in exchange for privilege of deposit to the Library of works more immediately in Congress. accordance with the design of the Spofford originally proposed Institution." A fire in the Smithsonian that the deposit copy sent to the Building in 1865 presented him with Library be in place of the copy sent to another opportunity to skeamline the Patent Office, but it was instead the Smithsonian library. As Spofford agreed that an additional deposit had recently obtained Congressional copy be sent to the Library, authorization for the physical designated by law for its use. expansion of the Library of Congress Therefore, at the suggestion of the into larger, fireproof rooms, Henry Librarian, Senator Jacob Collamer of proposed the deposit of the 40,000- Vermont, the chairman of the Joint volume Smithsonian library in one of Committee, added the desired those rooms. His purpose was not to deposit provision to a pending separate the collection from the copyright amendment which Smithsonian, "for it must still bear its extended protection to photographs. name and be subject to its control," Collamer, however, was not telling but instead to place it "where its the whole story when he explained to preservation will be more certain and Senator Charles Sumner that the its usefulness more e~tended."~~ proposed change in the deposit Naturally Spofford was willing, if not system was "merely for carrying into eager, to receive the collection, and effect what used to be the law on April 5,1866,Congress approved formerly, that one copy of all these the transfer of the Srnithsonian library, publications shall be sent to the including its copyright deposits Library." l9 received between 1846 and 1859. The transfer of the Smithsonian legally belonged to the Library, library to the Library of Congress, Spofford, again acting through the together with the Copyright Act of Library Committee, proposed an 1865, eliminated any possibility that amendment which imposed a $25 the Smithsonian might someday fine for noncompliance and clarified become the national library. the postage-free status of deposits Nevertheless, as Jewett had hoped, mailed to the Library. The the Smithsonian library formed the amendment quickly became law, and basis of a national library collection, the improved results were noticeable but the national library was at the immediately. Library of Congress: the transfer of In 1866, the first full year of the the Smithsonian library added 40,000 1865 law's operation, only 1,996 volumes to the Library's collection of items were deposited in the Library; 99,000 volumes, gave the Library of but in 1867, with the enforcement Congress the outstanding collection amendment in effect for most of the of publications of scientific societies year, 4,499 items were deposited, in the Nation, and provided for its mostly books, pamphlets, and continued expansion. A few years periodicals but also 1,256 pieces of later Joseph Henry fully recognized music, 319 engravings and the importance, if not the irony, of the photographs, and 91 maps. By the situation: "The collection of books end of 1867, the Library's collection owned by Congress would not be of over 165,000 volumes was the worthy of the name of a national largest in the United State~,~~owing library were it not for the primarily to the acquisition of the Smithsonian deposit." 2' Smithsonian deposit and the In his 1866 annual report collection of Americana previously Spofford discussed the importance of owned by Peter Force and purchased enforcement power in the copyright during the year. The Library's rooms deposit provisions, noting that "the had been expanded, and with the benefits of the law to the establishment of a more effective Congressional Library will depend copyright law, Spofford admitted greatly on the means provided for its that the Library had experienced a enforcement and the vigilance with year "unexampled in its past which it is administered." Spofford history." himself tried to administer the law But he was still troubled by the with utmost diligence, making copyright law. While the Library was periodic trips to the district courts in now receiving over 75 percent of all New York, Philadelphia, and Boston U.S. copyrighted publications, to obtain information from the Spofford wanted all copyrighted copyright records so he could publications available in the Library, demand copies, as provided in the for it should represent, as nearly as law. He also corresponded with more possible, "the complete product of than 30 district court clerks the American mind in every throughout the country, asking them department of science and to forward transcripts from their literature." He found that even with copyright records from which he the "utmost diligence" it was could claim deposits not received by impossible to obtain all the the Library. In early 1867, tired of copyrighted publications, since he performing what he considered was forced to pursue delinquent unnecessary labor to claim what publishers and authors through the 44 U.S. district courts where the The transfer of the Copyright business proposed would concentrate and sim- original copyright registrations were plify the business, and this is a cardi- still being made.23 nal point. . . . Let the whole business . . . be placed in the charge of one single The entire system needed responsible officer, and an infinitude changing, and Spofford proposed to of expense, trouble, and insecurity eliminate the district courts and the would be saved to the proprietors of Copyrights and to the legal profession. Patent Office from the copyright The advantage of securing to our only system altogether by centralizing all National Library a complete collection registration and deposit activities at of all American copyright entries can the Library of Congress. According to scarcely be over-estimated. . . . We should have one comprehensive Li- his plan, both deposit copies-the brary in the country, and that belong- copy for legal record and the copy for ing to the nation, whose aim it should be to preserve the books which other library use-would be sent directly libraries have not the room nor the to the Library of Congress. The means to procure. Librarian would be responsible for Having all American publications registration and for keeping the thoroughly catalogued . . . in an an- nual volume, carefully edited and au- copies deposited as legal evidence thoritatively issued from the press of separate from the general collection. the Government . . . would be an in- Early in 1870, Spofford valuable aid to thousands. presented his ideas for the The proposed reform of the present centralization of copyright activities unsatisfactory methods of recording and perfecting copyright would take to Representative Thomas A. Jenckes away all the objections now so freely of Rhode Island, whose Committee brought against the law. on Patents was about to report out a The proposed change would be a great bill for the revision and consolidation economy for the Government. It would save the Patent Office the of the patent laws. Spofford trouble, expense, and room of provid- previously had gained the support of ing for a great library of material which it cannot use and does not Samuel S. Fisher, a patent lawyer want. . . . A copyright is not an inven- from Cincinnati who had been tion or a patent-it is a contribution to appointed Commissioner of Patents literature. on April 26,1869. Like Spofford, By requiring the Librarian to make an annual report to Congress, a highly Fisher had been a member of the important and interesting class of facts Literary.Club of Cincinnati, and would be added to our national statis- Fisher and Jenckes had corresponded tics. on the subject of patent law reform Less than a week later, on April before Fisher came to Washington. 14,1870, Jenckes skillfully condensed Assured of the support of the Patent Spofford's eight pages of arguments Office, the copyright registration into a short, effective speech agency and legal custodian of the advocating the transfer of the deposit for record, Spofford wrote a copyright business to the Library2" 1,600-word letter on April 9,1870, to and attached the proposal to his bill Representative Jenckes outlining revising the patent laws. Jenckes' bill seven arguments favoring the passed Congress easily, and when it centralization of all copyright was signed into law by President activities at the Library:24 Ulysses S. Grant on July 8,1870, the Under the present system, although ~ibrar~of Congress became the first this National Library is entitled by law central agency for copyright to a copy of every work for which a copyright is taken out, it does not re- registration and for the custody of ceive, in point of fact, more than four- copyright deposits in the United fifths of such publications. States. While fully aware of the library, Spofford never emphasized importance of copyright national library arguments in his centralization in establishing the dealings with Congress on the Library of Congress as a national subject. Instead, as in his letter to

First page of Spofford's letter to Representative Thomas A. Jenckes of Rhode Island, in which he argues that the Library of Congress should be the central agency for copyright registration and for custody of copyright deposits. Jenckes, he began with the by an endowment, the Institution assumption that the Library was had to limit its functions in order to already recognized as the national survive, a necessity recognized and library and stressed the economies skillfully used by Joseph Henry to and efficiencieswhich would result the dismay of Jewett and supporters to the Government and the of the national library concept. At publishing world through midcentury, in spite of increased centralization. In his speech of April library activity, a majority of 14 Jenckes did not refer to the Library Americans-including most of Congress as the national library or Congressmen and the press-were as a potential national library. indifferent to the subject of a national While Spofford's practical library, as they had been to a national successes were his own, his university and other proposals for intellectual debt to Jewett, whose national cultural or scientific mantle and cause he assumed, was institutions. And Washington, D.C., great. Jewett and Spofford shared the as a location posed difficulties. same view of five aspects of Although the National Government copyright deposit as a means of was situated there, the city was developing a national library relatively isolated, and the literary, collection. Each was convinced that: commercial, and social centers of the 1) deposit for library use protected country were elsewhere: the Federal the right of the public, just as deposit Government itself, rarely perceived for record protected the right of the beyond Washington, was weak and author; 2) his institution, as a its very survival becoming more Government-sponsored agency open questionable. to the public, had an irrefutable claim The Civil War changed the to the deposit copy intended for situation drastically. The Federal public use; 3) deposit for use was the Government not only survived, it most practical channel through established itself; Washington which a comprehensive collection of emerged as a true political capital American publications could be and an important Federal city. accumulated; 4) the centralized, National pride, new wealth, and the permanent accumulation of the growth of new Federal agencies and "products of the American press" institutions changed the cultural was a positive national benefit and climate and assisted Spofford's the natural basis of an American national library cause. The national library; and 5) the collection Smithsonian Institution itself, of copyright deposits should be as through the efforts of Joseph Henry, complete as possible, and aided Spofford, not only through the completeness was ensured only by Smithsonian deposit of 1866 but also strong enforcement provisions in the by its example: an institution law. successfully promoting scholarly Spofford and Jewett each activity and contributing to pursued the cause of a national Washington's intellectual climate. library zealously and enthusiastically. Throughout the United States However, before the Civil War, it was scholarship achieved a new status difficultfor any national institution and increased attention, with to succeed in the United States, and numerous professional associations the Smithsonian Institution presented created to promote and sustain it. special difficulties. Supported solely Intellectual activity was becoming organized and institutionalized, and the Library of Congress as the Congress, responding to Spofford's national library a natural one for any pleas and proposals, began to Congressman to support and a recognize the need for and the difficult one to oppose. The copyright potential role of a national library in laws of 1865 and 1870 were striking the United States.26 successes in Spofford's campaign and The Library of Congress was crucial to his cause. exclusively a library, and this was After passage of the 1870 law, probably Spofford's greatest the deposits began to arrive at an advantage over Jewett. Unlike the accelerated rate: over 11,500 articles Smithsonian Institution or the Patent in 1870, including 5,874 books and Office, the Library was intended pamphlets, and almost double that solely as a library, and Spofford faced number the next year. The law no competing schemes for the required that all copyright records development of his institution. He and deposits from the district courts was able to deal directly with and the Patent Office be turned over members of the Joint Committee on to the Library, and the Patent Office the Library and with all other copyright library of 23,070 volumes Congressmen, most of whom fully was added to the collections in 1871, appreciated his talents as a reference minus the law books retained at the librarian, bibliographer, and speech Department of the Interior at the writer. request of the Commissioner of Spofford not only operated Patents. Spofford was disappointed under more favorable conditions in the size of the Patent library and than Jewett; his personality was the quality of the collection, but he better suited to the task. Less optimistically declared that mercurial and more tactful, Spofford "although consisting of schoolbooks deliberately maintained superb and the minor literature of the last 40 relations with all Congressmen; years, (it) embraces many valuable keeping his personal reputation additions to the store of American above reproach, he did not hesitate to books, which it should be one object ask individual Congressmen for of the national library to render support when he felt it necessary. Put complete." 27 simply, Spofford was a skillful In its 1876 survey of the libraries politician; Jewett was not. of the United States, the U.S. Bureau At the same time Spofford's of Education listed the rapidly goals and efforts were more limited, growing Library of Congress and for unlike Jewett he never viewed the Boston Public Library as the two national library as the center of a largest libraries in the United States, national system of libraries offering with approximately 300,000 volumes nationwide service. Instead, for apiece.2RIn one decade the Library of Spofford the national library was Congress had tripled in size and essentially a centralized permanent risen to the top rank of American accumulation of national literature to libraries. Copyright deposits be used for the benefit of Congress constituted over 40 percent of its and the American people. To attain collections. his goal, he worked with a single- By 1897, when it moved from its minded devotion, merging personal overcrowded rooms in the Capitol ambition with his ambitions for the across the east plaza into its spacious Library, thereby making the cause of new building, the collections of the Library of Congress easily ranked collections but also gave the Library first among American libraries, both an exclusive Government function in size and scope. Over 40 percent of and the national prestige which its 840,000 volumes and at least 90 naturally accompanied it. For the percent of the map, music, and first time the Library became part of graphic arts collections had been the publishing and, to a lesser extent, acquired through copyright deposit.29 the literary world, as well as an After the monumental copyright important Government institution law of 1870, one other copyright law rendering a service essential to the was enacted which added even intellectual life of the Nation. As the further luster to the Library's collections increased, so did the collections: the act of March 3,1891, Library's reputation, and it came at granted U.S. copyright protection to last to be generally recognized as a foreign authors and brought deposits national institution. of foreign works into the Library for As the sole copyright officer of the first time. the U.S. Government, Spofford Between 1865 and 1897 the only corresponded with statesmen, major acquisitions obtained directly scholars, and literary figures all over from sources other than copyright the United States, as well as with deposit were the Smithsonian library, publishers and editors. In the process a collection of English county he succeeded in gaining new friends histories purchased in 1875 for for the Library and new supporters $5,000, the gift of the library of Dr. in his long campaign for a separate Joseph M. Toner in 1882, and the library building. For example, in 1872 Rochambeau collection purchased in historian George Bancroft 1883 for $20,000. The Library's complimented Spofford: "Under annual appropriation for the your management the Congressional purchase of books averaged only Library is attaining so high a $9,000, and while a system of character." After struggling with international exchange of public Spofford through copyright problems documents was successfully with The Gilded Age and A Tramp inaugurated, the results had only a Abroad, Samuel Clemens gingerly minor impact on the collections asked permission for his nephew to during this period. "burrow a little" in Spofford's "grand Between 1865 and 1897 literary storehouse." The influential unsurpassed "national collections" Washington journalist Kate Field had been accumulated within each called Congressional neglect of class of material brought in by the Spofford's space needs "a disgrace" copyright law. During these years and strongly supported his efforts to copyright deposit added to the secure a new b~ilding.~" Library's collections approximately In spite of the overcrowded 350,000 books and pamphlets, 47,000 conditions in the Library, Spofford maps and charts, 250,000 musical always placed great value on the compositions, 12,000 engravings, comprehensiveness of the collection lithographs, and chromolithographs, brought in by the copyright law, 33,000 photographs, 3,000 etchings, strongly believing that "what is and 6,000 dramatic compositions. pronounced trash today may have The centralization of copyright unexpected value hereafter, and the activities at the Library of Congress unconsidered trifles of the press of not only developed impressive the nineteenth century may prove highly curious and interesting to the charges that it was filling up with twentieth." He never ceased "trash"brought in by the wide net of defending the Library against the copyright law, asserting that

Spo ord's scru ulous attention to details about new or revised editions is illustrated in his fetter to ~aeWhitman, who in turn notes in his reply: "1 write on the letter, & return it so, for greater definiteness." "every nation should have, at its evidence of its literary history a1 capital city, all the books its authors progress or retrogression, as the have produced, in perpetual may be."31He carefully ensured complete representation in the for an appropriation for a new Library of all editions of works from building, which was not finally authors well known in his day, completed and occupied until 1897. - 1

SpoJJbrd's warning that if he didn't et more space he "u~ozrldsoon be presiding over the greatest chaos iri AmericaT'washard4 an exn geration,for tllis was the situation wllen the copyright deposits were rnovrd iizto thr rzrw fibrnry buildi~l,y. frequently querying established In 1874, for the first time, the authors directly concerning the dates copyright law brought in more books of new or revised editions of their than were obtained that year through works. purchase; in 1880 the law would bring in twice as many. In 1875 "Greatest Chaos in America" Spofford warned Congress that its Librarian would soon be presiding Although essential to the growth over the "greatest chaos in America," and prestige of the Library, copyright and by 1877 more than 70,000 books deposit also created serious were "piled on the floor in all problems. Spofford was directions." overwhelmed by the unceasing flow As the mountains of books, of deposits into his cramped Library. maps, music, prints, and He cried to Congress for help almost photographs grew around him, immediately, and his 1871 annual Spofford was unable to devote much report launched a 15-year struggle effort to the other essential functions of the Library: by 1896 the Harvard." The next year he was administration of the copyright law forced to admit that there were required over 75 percent of his time actually 46,605 maps; the sharp and the full-time efforts of 26 of the statistical increase was due, not to the Library's 42 employees." Lack of receipt of new material, but to the space and adequate staff to cope with "discovery of maps in the old the sharply increasing copyright Library, their rescue, mending, business contributed to another mounting, and their final embarrassing situation for the assignment." Librarian, as he was unable to keep The music collection suffered IF the copyright accounts and records in from the same crowded conditions as presentable order. And finally the maps, though it apparently Congress, while unwilling to take suffered less physical damage. decisive action on Spofford's annual Stacked on the floor in ever-growing pleas for more space and staff piles, where they could not be between 1872 and 1885, used the accessioned, classified, cataloged, nor congested condition of the Library made truly accessible, the pieces of and the existence of guaranteed music could not be sorted out and acquisition through copyright as accurately counted until 1899. In 1898 reasons for refusing larger Librarian John Russell Young asked appropriations for staff and the for the first appropriated funds to purchase of materials. purchase music. He was certain that The most serious problem was Congress would comply, as the i the chaotic condition of the deposits copyright law had already built a I themselves. Virtually inaccessible music collection of great value, and l without the aid of Librarian with an annual appropriation it Spofford's remarkable memory, the "would soon be without a rival." I accumulated wealth of the collections Most of the approximately was not fully appreciated until they 250,000 pieces of copyrighted music were transferred into the new in the Library in 1897 were popular building and cleaned, sorted, American compositions in sheet examined, and counted. music form, vocal and instrumental, i Unfortunately, numerous individual including music for the aeolian, items stored in the Capitol had been pianola, and other special damaged or simply lost. instruments. Of particular value were I Of the copyright deposits, the the 300 bound volumes of sheet f map collection apparently suffered music deposited in U.S. district i most from the crowded conditions in courts between 1820 and 1859, 1 the old Library. Many of the maps originally collected and carefully f were stacked in damp and dusty tended in the State Department corners throughout the Capitol and before they were transferred to the emerged in a mangled condition Library. The collection also included I i from the masses of material which foreign musical compositions, mostly were hauled by one-horse wagons to from England, Germany, and France, the new building. But in 1897 the published and entered for copyright in superintendent of the new Hall of the United States after the passage of $ Maps and Charts reported a the international copyright law of 1891. ri collection of 26,500 maps-"perhaps The graphic arts materials in the 1 the best collection in the United Capitol building were in the same e States, unless precedence is given to embarrassing state as the other P collections. Spofford was unable to future development of those arrange them in the Capitol or even collections but also the establishment to make an accurate estimate of their of separate Library departments for number. Yet the accumulated their cultivation and care. copyright deposits of photographs, The long-needed administrative engravings, etchings, lithographs, reorganization came in 1897, when and chromolithographs, once the Library was preparing for its arranged and counted in the new move into the new building, and building, provided the Library with a separate map, music, graphic arts, collection of pictorial Americana and copyright departments'were unrivaled by any other library. Even established. Thorvald Solberg, who after its first enumeration in the new had worked in the library from 1876 building, unexpected materials to 1889 and was by then a nationally continued to be unearthed. Among known copyright authority, was discoveries noted in the 1897 annual appointed the first Register of report were 800 portraits of eminent Copyrights. The creation of a Americans, several portfolios of separate copyright department photographs taken in Paris during officially recognized, for the first the commune insurrection of 1871, time, the value of the copyright and a portfolio of etchings made function to the national library. during the Civil War by Confederate At the same time John uss sell artists. Young, a prominent journalist and The copyright law also provided diplomat, replaced the 7l-year-old the Library of Congress with a Spofford as Librarian. Established in unique collection of early motion its opulent new building, the Library pictures. While the first public for the first time had ample space for showing of a motion picture for a fee the organization and storage of its in the United States took place in copyright accumulations of 32 years. 1894, the copyright law did not Concurrently, in 1897 it was obvious provide for the protection of motion that the ~ibrar~must go beyond its pictures as such until 1912. In the previous reliance on copyright as meantime pioneer motion picture practically the sole means of producers registered their works as expanding its collections. In his first photographs, and 172 motion annual report, Young succinctly pictures were thus registered for described the situation faced by the copyright and deposited in the Library: Library of Congress between 1894 We have a basis for a library of and 1897. All but nine of the films comprehensive research so broad that it only needs to be built upon with were registered by Thomas A. care, system, and liberality to become Edi~on.~~ in a few years the most representative The copyright privilege not only collection in the United States and one of the greatest libraries of the world. accelerated the growth of the While our own library has for twenty- Library's collections; it determined five years lived so largely upon co y right accretions, other libraries, aiXed the direction and, ultimately, the by liberal appropriations and be- quality of that growth. The very uests, and fortified by lists of language of the 1865 law, requiring iesiderata by professional men and specialists in every field, have the deposit of every copyrighted strengthened their collections until "book, pamphlet, map, chart, musical some of them far surpass us in impor- tant branches of learning. Numerical composition, print, engraving, or strength does not constitute the real photograph," not only ensured the force of a library. A new era had arrived. In its Congress, and in the next four years 1855 editorial about the demise of the the Library's national services- Smithsonian's national library role, cataloging, classification, reference, Norton's Literary Gazette accurately loan, and bibliographic-developed prophesied the eventual need of spectacularly, and its place among sizable annual appropriations from the national libraries of the world Congress to develop fully and was assured. Putnam also extended adequately maintain a national the other methods of increasing the library in the United states. The New collections, such as exchange, gift, England scholars, intellectuals, and and transfer, and secured generous Congressmen who fought for a appropriations from Congress to national library wanted such increase the collections; the 1902 appropriations immediately, and the appropriation for the purchase of importance of large appropriations materials was $70,000. was always acknowledged by Jewett The national services and and Spofford, even though they prestige of the Library were based, as recognized copyright deposit as a Putnam recognized, on the more immediate and practical unparalleled national collections method of achieving a national already accumulated, the books, library. In 1895 Spofford predicted maps, music, prints, and that the new Library building, "with photographs acquired as copyright the liberal fostering care of Congress, deposits, mostly since 1865. By 1902 will yet be filled with the learning of the Library of Congress was truly the all lands."34 national library, and Putnam In the United States annual paid homage to its collections and appropriations adequate to sustain a the ideals and efforts of Charles national library were not available Coffin Jewett and Ainsworth Rand until after the basis for that library Spofford, while looking to the had already been established. When Library's challenging future: the new Library of Congress Building "The opportunities of the opened in 1897, sizable annual Library of Congress for rendering appropriations for the support and service properly to be expected development of the national library of the National Library of the United and its collections were for the first States appear ample, and conditional time not only feasible but imperative. only upon adequate development of Copyright deposit had provided the resources already at its Spofford with the means of disposal."35 accumulating the necessary national Today copyright deposit is still collections and the argument for one of the Library's major constructing the necessary building. acquisitions sources,36but between In 1899 Herbert Putnam, the years 1865 and 1897 it played a Superintendent of the Boston Public crucial role in the development of the ~ibrary,'becameLibrarian of national library.

NOTES

'Gertrude Burford Rawlings, The British Mu- Law Revision Studies No. 20). See also Thomas seum Library (New York, 1916), p. 78. G. Tanselle, "Copyright Records and the Bibli- For copyright deposit from the legal stand- ographer," Studies in Bibliography point, see Elizabeth K. Dme, Deposit of Copy- (Charlottesville, 1969), vol. 22, p. 77-124; and righted Works (Washington, 1960. Copyright Martin A. Roberts, Records in the Copyright Of- fice Deposited by the United States District Courts 2'Ibid., 1873, p. 21. Covering the Period 1790-1870 (Washington, 22 City of Boston Annual Report of the Trustees 1939). of the Public Library, 1869, p. 39-40, appendix 23. The American Almanac and Repository of Use- 23 Annual Report of the Librarian of Congress, ful Knowledge for the Year 1837, edited by 1868, p. 4; and A. R. Spofford, "The Copyright Charles Bowen (Boston, 1836), p. 82-83. On lit- System of the United States-Its Origin and erary nationalism and library development, see Growth," in Celebration of the Beginning of the Jesse H. Shera, Foundations of the Public Library Second Century of the American Patent System (Chicago, 1949), p. 206-216; and Ray W. Frantz, (Washington, 1892), p. 149-153. Jr., "A Reexamination of the-Influence of Liter- 24 Fisher to Jenckts, February 10, 1866, and ary Nationalism on the Public Library," Jorlrnal Spofford to Jenckes, April 9,1870, Jenckes pa- of Library History, 1:182-186 (July 1966). pers, Manuscript Division. ' Congressional Globe, January 8, 1845, p. 105. 25 Congressional Globe, April 14,1870, p. 2683. The Smithsonian Institution: Documents Rela- 26 See A. Hunter Dupree, Science in the Federal tive to Its Origins and History, 1835-1899, edited Government (Cambridge, Mass., 1957), p. 44-90; by William J. Rhees (Washington, 1902. also Wilcomb E. Washburn, "The Influence of Smithsonian Miscellaneous Collections 42), p. the Smithsonian Institution on Intellectual Life 381-382. in Mid-Nineteenth-Century Washington," in See discussion, William Dawson Johnston, Records of the Columbia Historical Society (Wash- History of the Library of Congress, 1800-1864 ington, 1966), p. 96-121. (Washington, 1904), p. 403-506. 27Ann11al Report of the Librarian of Congress, Henry to Jewett, March 23, 1847, 1871, p. 3. Smithsonian Institution archives. U.S. Bureau of Education, Pr~blicLibraries in nSeeJoseph A. Borome, Charles Coflin Iewett the United States of America (Washington, 1876), (Chicago, 1951), p. 18-106; Wilcomb E. p. 1012-1142. Washburn, "Joseph Henry's Conception of the 29 These statistics and the estimate that fol- Purpose of the Smithsonian Institution," in A lows of the total number of copyright deposits Cabinet of Curiosities (Charlottesville, 1967), p. received at the Library of Congress, 1865-97, are 106-129. based on statistics in the Annual Report of the Jewett to Henry, April 26, 1848, quoted in Librarian of Congress for the years 1866-1901; A. Borome, p. 41-42. R. Spofford's A Book for All Readers (New York, lo For the cataloging scheme, see Antzl~alRe- 1900), p. 410-411; and a letter from Thorvald port of the Board of Regents of the Smithsonian In- Solberg to John Russell Young, November 8, stitution, 1850, p. 32-41; for the listing of copy- 1897, in Solberg's Copyright Letterbook No. 6, right deposits, see Joseph W. Rogers, U.S. Na- Copyright Office archives. The Librarian's 1901 tional Bibliography and the Copyright Law (New Annual Report is especially useful. York, 1960), p. 21-29. " Bancroft to Spofford, September 21, 1872; 'I Charles C. Jewett, Notices of Pl~blicLibraries Clemens to Spofford, December 31,1880; Field in the United States of America (Washington, to Spofford, March 11, 1885, Spofford papers, 1851), p. 140-141, 190. Manuscript Division. "North American Review, 71:220 (July 1850); 31 A. R. Spofford, "The Function of a National Norton's Literary Gazette, 2:23 (February 15, Library," in Herbert Small, Handbook of the Li- 1852) and 2:129 (July 15,1852). brary of Congress (Boston, 1899), p. 125. 13N0rt0n's,3:170-176 (October 15,1853). 3Z Joint Committee on the Library, Condition of l4 Ibid., n.s. 2:67 (February 15, 1855). the Library of Congress, March 3, 1897 (54th Deposit statistics compiled from 1849 Cata- Cong., 2d sess. S. Rept. 1573), p. 33-127. logue of the Library of Congress and its amual 33 Compiled from Howard Lamarr Walls, supplements, 1846-48, 1850-59, and from Motion Pictures 1894-1912 (Washington, U.S. Meehan to Senator James A. Pearce, April 18, Copyright Office, 1953), p. v-ix, 71-90. 1856, Librarian's Letterbook No. 4. This and " Norton's, n.s. 2:67; A. R. Spofford, Special other letterbooks of the Librarian are in the Li- Report of the Librarian of Congress (54th Cong., brary of Congress archives. lstsess.,S. DOC.^), p. 16. lb Librarian's Letterbook No. 3, February 28, 3Werbert Putnam, "A National Library for 1854. the United States," The Bookman, 15:52-57 l7 Copyright Letterbook, June 14,1859, p. 474 (March 1902). and July 15, 1859, p. 476, Copyright Office ar- According to a table prepared by Joseph W. chives. Rogers, 15,276,183 copies of works were depos- lH Librarian's Letterbook No. 6. ited in the Library between 1902 and 1957; see l9 Spofford to Messrs. Robert Clarke & Co., Dunne, Deposit of Copyrighted Works, p. 24. The May 29, 1867, Librarian's Letterbook No. 7; same study contains a discussion of the effect of Congressional Globe, February 22,1865, p. 981. deposits on the Library's collections in this cen- ZoAnnnalReport of the Board of Regents of the tury. Smithsonian Institution, 1865, p. 70.