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285	https://historysoa.com/items/show/285	The Author, Vol. 06 Issue 08 (January 1896)	<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=49&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=%3Cem%3EThe+Author%3C%2Fem%3E%2C+Vol.+06+Issue+08+%28January+1896%29"><em>The Author</em>, Vol. 06 Issue 08 (January 1896)</a>			<a href="https://babel.hathitrust.org/cgi/pt?id=mdp.39015013732253" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=mdp.39015013732253</a>								<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=51&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Publication">Publication</a>	1896-01-01-The-Author-6-8					173–196																		<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=89&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=6">6</a>											<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=76&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=1896-01-01">1896-01-01</a>							8			18960101	C be El u t b or,<br /> (The Organ of the Incorporated Society of Authors.<br /> Monthly.)<br /> C O N DU C T E D BY W.A. L T E R B E S A. N. T.<br /> VoI. VI.-No. 8.]<br /> JANUARY 1, 1896.<br /> [PRICE SIXPENCE.<br /> For the Opinions earpressed in papers that are<br /> signed or initialled the Authors alone are<br /> responsible. None of the papers or para-<br /> graphs must be taken as eaſpressing the<br /> collective opinions of the committee unless<br /> they are officially signed by G. Herbert<br /> Thring, Sec.<br /> *- ~ *-*<br /> **<br /> HE Secretary of the Society begs to give notice that all<br /> remittances are acknowledged by return of post, and<br /> requests that all members not receiving an answer to<br /> important communications within two days will write to him<br /> without delay. All remittances should be crossed Union<br /> Bank of London, Chancery-lane, or be sent by registered<br /> letter only.<br /> Communications and letters are invited by the Editor on<br /> all subjects connected with literature, but on no other sub-<br /> jects whatever. Articles which cannot be accepted are<br /> returned if stamps for the purpose accompany the MSS.<br /> *~ * *<br /> e-- * -—s<br /> WARNINGS AND ADVICE.<br /> I. RAWING THE AGREEMENT. It is not generally<br /> understood that the author, as the vendor, has the<br /> absolute right of drafting the agreement upon<br /> whatever terms the transaction is to be carried out.<br /> Authors are strongly advised to exercise that right. In<br /> every form of business, this among others, the right of<br /> drawing the agreement rests with him who sells, leases, or<br /> has the control of the property.<br /> 2. SERIAL RIGHTS.–In selling Serial Rights remember<br /> that you may be selling the Serial Right for all time; that<br /> is, the Right to continue the production in papers. If you<br /> object to this, insert a clause to that effect.<br /> 3. STAMP You R AGREEMENTs. – Readers are most<br /> URGENTLY warmed not to neglect stamping their agreements<br /> immediately after signature. If this precaution is neglected<br /> for two weeks, a fine of £Io must be paid before the agree-<br /> ment can be used as a legal document. In almost every<br /> case brought to the secretary the agreement, or the letter<br /> which serves for one, is forwarded without the stamp. The<br /> author may be assured that the other party to the agree-<br /> ment seldom neglects this simple precaution. The Society,<br /> to save trouble, undertakes to get all the agreements of<br /> members stamped for them at no ea pense to themselves<br /> eaccept the cost of the stamp. .<br /> 4. AscERTAIN whAT A PROPOSED AGREEMENT GIVES TO<br /> Both SIDES BEFORE SIGNING IT.-Remember that an<br /> arrangement as to a joint venture in any other kind of busi-<br /> ness whatever would be instantly refused should either party<br /> WOL. VI.<br /> *<br /> refuse to show the books or to let it be known what share he<br /> reserved for himself.<br /> 5. LITERARY AGENTS.-Be very careful. You cannot be<br /> too careful as to the person whom you appoint as your<br /> agent. Remember that you place your property almost un-<br /> reservedly in his hands. Your only safety is in consulting<br /> the Society, or some friend who has had personal experience<br /> of the agent. Do not trust advertisements alone.<br /> 6. CoST OF PRODUCTION.——Never sign any agreement of<br /> which the alleged cost of production forms an integral part,<br /> until you have proved the figures.<br /> 7. CHOICE OF PUBLISHERS.–Never enter into any cor-<br /> respondence with publishers, especially with those who ad-<br /> vertise for MSS., who are not recommended by experienced<br /> friends or by this Society.<br /> 8. FUTURE Work.--Never, on any account whatever,<br /> bind yourself down for future work to anyone.<br /> 9. PERSONAL RISK.—Never accept any pecuniary risk or<br /> responsibility whatever without advice.<br /> Io. REJECTED MSS.—Never, when a MS. has been re-<br /> fused by respectable houses, pay others, whatever promises<br /> they may put forward, for the production of the work.<br /> II. AMERICAN RIGHTS.—Never sign away American<br /> rights. Keep them by special clause. Refuse to sign any<br /> agreement containing a clause which reserves them for the<br /> publisher, unless for a substantial consideration.<br /> 12. CESSION OF COPYRIGHT.-Never sign any paper,<br /> either agreement or receipt, which gives away copyright,<br /> without advice.<br /> 13. ADVERTISEMENTs. –- Keep some control over the<br /> advertisements, if they affect your returns, by a clause in<br /> the agreement.<br /> I4. NEVER forget that publishing is a business, like any<br /> other business, totally unconnected with philanthropy,<br /> charity, or pure love of literature. You have to do with<br /> business men. Be yourself a business man.<br /> Society’s Offices :-<br /> 4, PORTUGAL STREET, LINCOLN&#039;s INN FIELDs.<br /> *~ 2. ~&quot;<br /> a- - -<br /> HOW TO USE THE SOCIETY.<br /> I. WERY member has a right to ask for and to receive<br /> advice upon his agreements, his choice of a pub.<br /> lisher, or any dispute arising in the conduct of his<br /> business or the administration of his property. If the advice<br /> sought is such as can be given best by a solicitor, the member<br /> has a right to an opinion from the Society’s solicitors. If the<br /> case is such that Counsel’s opinion is desirable, the Com-<br /> mittee will obtain for him Counsel’s opinion. All this<br /> without any cost to the member.<br /> 2. Remember that questions connected with copyright<br /> and publisher’s agreements do not generally fall within the<br /> T 2<br /> <br /> <br /> ## p. (#528) ################################################<br /> <br /> I 74<br /> THE AUTHOR,<br /> experience of ordinary solicitors. Therefore, do not scruple<br /> to use the Society first—our solicitors are continually<br /> engaged upon such questions for us. -<br /> 3. Send to the office copies of past agreements and past<br /> accounts with the loan of the books represented. This is in<br /> order to ascertain what has been the nature of your agree-<br /> ments, and the results to author and publisher respectively<br /> so far. The Secretary will always be glad to have any<br /> agreements, new or old, for inspection and note. The infor-<br /> mation thus obtained may prove invaluable.<br /> 4. If the examination of your previous business trans-<br /> actions by the Secretary proves unfavourable, you should<br /> take advice as to a change of publishers.<br /> 5. Before signing any agreement whatever, send the pro-<br /> posed document to the Society for examination.<br /> 6. The Society is acquainted with the methods, and—in<br /> the case of fraudulent houses—the tricks of every publish-<br /> ing firm in the country.<br /> 7. Remember always that in belonging to the Society you<br /> are fighting the battles of other writers, even if you are<br /> reaping no benefit to yourself, and that you are advancing<br /> the best interests of literature in promoting the indepen-<br /> dence of the writer.<br /> 8. Send to the Editor of the Awthor notes of everything<br /> important to literature that you may hear or meet with.<br /> 9. The committee have now arranged for the reception of<br /> members’ agreements and their preservation in a fireproof<br /> safe. The agreements will, of course, be regarded as con-<br /> fidential documents to be read only by the Secretary, who<br /> will keep the key of the safe. The Society now offers:—(1)<br /> To read and advise upon agreements and publishers. (2) To<br /> stamp agreements in readiness for a possible action upon<br /> them. (3) To keep agreements. (4) To enforce payments<br /> due according to agreements.<br /> *- a 2-seº<br /> ** * *—s<br /> THE AUTHORS’ SYNDICATE.<br /> EMBERS are informed :<br /> 1. That the Authors’ Syndicate takes charge of<br /> the business of members of the Society. That it<br /> submits MSS. to publishers and editors, concludes agree-<br /> ments, examines, passes, and collects accounts, and, gene-<br /> rally, relieves members of the trouble of managing business<br /> details.<br /> 2. That the terms upon which its services can be secured<br /> will be forwarded upon detailed application.<br /> 3. That the Authors&#039; Syndicate works only for those<br /> members of the Society whose work possesses a market<br /> value.<br /> 4. That the Syndicate can only undertake any negotiations<br /> whatever on the distinct understanding that those negotia-<br /> tions are placed ea clusively in its hands, and that all<br /> communications relating thereto are referred to it.<br /> 5. That clients can only be seen by the Director by<br /> appointment, and that, when possible, at least two days’<br /> notice should be given.<br /> 6. That every attempt is made to deal with all communi-<br /> cations promptly. That stamps should, in all cases, be sent<br /> to defray postage.<br /> 7. That the Authors&#039; Syndicate does not invite MSS.<br /> without previous correspondence; does not hold itself<br /> responsible for MSS. forwarded without notice; and that<br /> in all cases MSS. must be accompanied by stamps to defray<br /> postage.<br /> &amp;<br /> 8. That the Syndicate undertakes arrangements for<br /> lectures by some of the leading members of the Society;<br /> that it has a “Transfer Department&#039; for the sale and<br /> purchase of journals and periodicals; and that a “Register<br /> of Wants and Wanted &#039;&#039; is open. Members are invited to<br /> communicate their requirements to the Manager.<br /> There is an Honorary Advisory Committee, whose services<br /> will be called upon in any case of dispute or difficulty. It<br /> is perhaps necessary to state that the members of the<br /> Advisory Committee have no pecuniary interest whatever in<br /> the Syndicate.<br /> -**<br /> NOTICES.<br /> HE Editor of the Author begs to remind members of the<br /> Society that, although the paper is sent to them free<br /> of charge, the cost of producing it would be a very<br /> heavy charge on the resources of the Society if a great<br /> many members did not forward to the Secretary the modest<br /> 6s. 6d. subscription for the year.<br /> The Editor is always glad to receive short papers and<br /> communications on all subjects connected with literature<br /> from members and others. Nothing can do more good to<br /> the Society than to make the Awthor complete, attractive,<br /> and interesting. Will those who are willing to aid in this<br /> work send their names and the special subjects on which<br /> they are willing to write P<br /> Communications for the Author should reach the Editor<br /> not later than the 21st of each month.<br /> All persons engaged in literary work of any kind, whether<br /> members of the Society or not, are invited to communicate<br /> to the Editor any points connected with their work which<br /> it would be advisable in the general interest to publish.<br /> Members and others who wish their MSS. read are<br /> requested not to send them to the Office without previously<br /> communicating with the Secretary. The utmost practicable<br /> despatch is aimed at, and MSS. are read in the order in<br /> which they are received. It must also be distinctly under-<br /> stood that the Society does not, under any circumstances,<br /> undertake the publication of MSS.<br /> The Authors’ Club is now open in its new premises, at<br /> 3, Whitehall-court, Charing Cross. Address the Secretary<br /> for information, rules of admission, &amp;c.<br /> Will members take the trouble to ascertain whether they<br /> have paid their subscriptions for the year P If they will do<br /> this, and remit the amount, if still unpaid, or a banker&#039;s<br /> order, it will greatly assist the Secretary, and save him the<br /> trouble of sending out a reminder.<br /> Members are most earnestly entreated to attend to the<br /> warning numbered (8). It is a most foolish and may be a<br /> most disastrous thing to enter into an agreement binding<br /> for a term of years. Let them ask themselves if they<br /> would give a solicitor the collection of their rents for five<br /> years to come, whatever his conduct, whether he was honest<br /> or dishonest ? Of course they would not. Why then<br /> hesitate for a moment when they are asked to sign them-<br /> selves into literary bondage for three or five years P<br /> Those who possess the “Cost of Production ” are<br /> requested to note that the cost of binding has advanced 15<br /> per cent. This means, for those who do not like the trouble<br /> of “doing sums,” the addition of three shillings in the<br /> pound on this head. In other words, if the cost of binding<br /> is set down in our book at eight pounds, to this must now be<br /> added twenty-four shillings more, so that it now stands<br /> at £9 4s. The figures in our book are as near the exact<br /> truth as can be procured; but a printer&#039;s, or a binder&#039;s,<br /> bill is so elastic a thing that nothing more exact can be<br /> arrived at.<br /> <br /> <br /> ## p. (#529) ################################################<br /> <br /> THE AUTHOR.<br /> I 75<br /> Some remarks have been made upon the amount charged<br /> in the “Cost of Production ” for advertising. Of course, we<br /> have not included any sums which may be charged for<br /> inserting advertisements in the publisher&#039;s own magazines,<br /> or in other magazines by exchange. As agreements too<br /> often go, there is nothing to prevent the publisher from<br /> sweeping the whole profits of a book into his own pocket,<br /> by inserting any number of advertisements in his own<br /> magazines, and by exchanging with others. Some there are<br /> who call this a form of fraud; it is not known what those<br /> who practise this method of swelling their own profits call it.<br /> *-ºs- a -º<br /> r-- - -—s<br /> FROM THE COMMITTEE,<br /> HE Committee beg to remind members that the Sub-<br /> scription for the year is due on January the First.<br /> The most convenient form of payment is by order<br /> on a Bank. This method saves the trouble of remembering.<br /> The Secretary will in future send reminders to members<br /> who are in arrear in February.<br /> The Author will not be sent to members in arrear after<br /> the month of March.<br /> G. H. THRING, Secretary.<br /> *... ak =s*<br /> Q- * *<br /> ADDRESS OF ENGLISH TO AMERICAN<br /> MEN AND WOMEN OF LETTERS,<br /> WHE following Address has been sent out by<br /> the Society of Authors for signature. As<br /> soon as possible it will be forwarded to<br /> the United States. Its importance will rest<br /> entirely on the weight of the names appended:<br /> it is earnestly hoped that all those men and<br /> women of English blood who have made them-<br /> selves respected by their writings across the<br /> Atlantic will sign the paper:—<br /> “At this crisis in the history of the Anglo-<br /> Saxon race, when two paths lie before us, and on<br /> the choice between them depends the future of<br /> that race, it seems to be the plain duty of us who<br /> sign this paper, being followers of literature in<br /> Great Britain, to address upon the subject of<br /> that choice you who follow literature in the<br /> |United States. -<br /> “There are two paths before us. One leads us<br /> we know not whither, but in the end through<br /> war with all its accompaniments of carnage, un-<br /> speakable suffering, limitless destruction, and<br /> hideous desolation to the inevitable sequel of<br /> hatred and bitterness and the disruption of our<br /> race. It is this path which we ask you to join<br /> with us in an effort to make impossible. The<br /> present is neither the time nor the place, nor are<br /> we the persons to deal with the crisis on its<br /> technical issues, but it should not be difficult for<br /> any of us as men and women of reading and<br /> imagination, not liable to be carried away by<br /> political passion, to understand the general bear-<br /> ings of the case on both sides. We, on our part,<br /> are prepared to understand that the United<br /> States, as the greatest nation in America, looks<br /> with proper jealousy on the extension of Euro-<br /> pean powers of influence and territory on the<br /> American continent. And you, on your part,<br /> will not fail to realise that European Powers in<br /> general, and Great Britain in particular, have<br /> never made any effort to enlarge their dominions<br /> on your continent at any time within the past<br /> hundred years. e<br /> “But it is not on grounds of political equity<br /> that we now address you. We are united to you<br /> by many ties, and the first and closest of our ties<br /> is the bond of blood. We are proud of the<br /> United States. There is nothing in our history<br /> that has earned us more glory than the conquest<br /> of the vast American continent by the Anglo-<br /> Saxon race. When our pride is humbled by the<br /> report of some things which you do better than<br /> ourselves, it is also lifted up by the consciousness<br /> that you are our kith and kin. We see very<br /> much of you, and you see much of us. During<br /> the last quarter of a century the influx of<br /> American visitors to these shores has been very<br /> great, while every year sends more and yet more<br /> of our people across the Atlantic. There is<br /> hardly a household in this country without its<br /> American relations, its American friends, without<br /> its sons and daughters settled in America; and<br /> everywhere in England the American people are<br /> settled in our midst. Our public men go to you<br /> for the inspiration of your youthful nation, and<br /> you receive them with boundless hospitality.<br /> Your public men come to us for the interest of<br /> our ancient institutions, and we welcome them as<br /> our brethren. There is no anti-American feeling<br /> among Englishmen, and it is impossible that there<br /> can be any anti-English feeling among Americans.<br /> For two such nations, then, to take up arms<br /> against each other would be civil war, not differing<br /> from your calamitous struggle of thirty years<br /> ago, except that the cause would be immeasurably<br /> less human, less tragic, and less inevitable.<br /> “There is another tie that unites our nations,<br /> and more especially unites those of us who sign<br /> this paper and you who receive it—the tie of<br /> literature. Party problems may solve or exhaust<br /> themselves, burning questions may burn them-<br /> selves out, but the literature which a great race,<br /> divided into two nations, holds as a joint<br /> inheritance will live on after the fever of political<br /> strife has passed away. But though it will live<br /> it may also suffer, and from nothing can a people<br /> take such injury to its moral nature as from the<br /> wounds and scars of its literature; if war should<br /> occur between England and America, English<br /> <br /> <br /> ## p. (#530) ################################################<br /> <br /> 176<br /> THE AUTHOR.<br /> literature would be dishonoured and disfigured<br /> for a century to come. The patriotic songs, the<br /> histories of victory and defeat, the records of<br /> humiliation and disgrace, the stories of burning<br /> wrong and unavenged insult, these would be<br /> branded deep into the hearts of our peoples, they<br /> would so express themselves in poems and novels<br /> and plays as to make it impossible for any of us<br /> who had lived through such a fratricidal war to<br /> take up again the former love and friendship.<br /> “For the united Anglo-Saxon race that owns<br /> the great names of Cromwell and Washington;<br /> of Lincoln and Nelson; of Gordon and Grant ;<br /> of Shakespeare and Milton ; there is, we trust,<br /> such a future as no other race has yet had in the<br /> history of the world—a future that will be built<br /> on a confederation of Sovereign States, living in<br /> the strength of the same liberties. We ask you<br /> to join us in helping to protect that future.<br /> Poets and creators, scholars and philosophers,<br /> men and women of imagination and of vision, we<br /> call upon you in the exercise of your far-reaching<br /> influence to save our literature from dishonour<br /> and our race from lasting injury.”<br /> *... * *<br /> MR, HALL CAINE&#039;S MISSION.<br /> I.—CANADIAN RECEPTION.<br /> T is gratifying to record that Canada has<br /> herself been the first to acknowledge the<br /> work of our ambassador. On the night<br /> before Mr. Hall Caine left Ottawa, he was enter-<br /> tained at a dinner, which was first conceived of as<br /> a tribute to him as a man of letters, and ended<br /> by being in all senses a ministerial farewell.<br /> Nearly all the Ministers of the Dominion Govern-<br /> ment were present, and the Minister of Justice,<br /> Sir Charles Hibbert Tupper, was in the chair.<br /> In proposing the toast of the evening he said that<br /> his presence side by side with the guest would be<br /> a sufficient answer to the reports so industriously<br /> circulated that the question of Canadian copy-<br /> right had made them public and personal enemies.<br /> All the world knew Mr. Hall Caine as a novelist,<br /> but since his arrival in Canada, he had established<br /> for himself another reputation—that of a great<br /> diplomatist. He used the word advisedly and<br /> with a proper sense of responsibility. Mr.<br /> Caine had conducted difficult and delicate<br /> negotiations with a tact which had awakened the<br /> admiration of his colleagues, and brought to what<br /> appeared to be a settlement, amid the applause of<br /> nearly all the parties concerned, a question which<br /> had for years been a cause of difference between<br /> the Dominion and the old country. Amongst<br /> the other speakers were Mr. Foster, Minister of<br /> Finance, and Mr. Daly, Minister of the Interior.<br /> II.-FROM MR. R.IDOUT.<br /> Toronto, Nov. 18, 1895.<br /> I now inclose a copy of a resolution passed by<br /> The Ontario Society of Artists which has been<br /> forwarded to the Minister of Justice, Ottawa. I<br /> also inclose you a copy of the resolution passed by<br /> the Canadian Institute, on Nov. 16 last, which has<br /> also been forwarded to the Minister of Justice,<br /> Ottawa.<br /> The Canadian Institute is an old and well-<br /> known institute, and representative of Canadian<br /> art, literature, and science. The resolution from<br /> this institute will no doubt have weight with the<br /> Government. As an old member of this Canadian<br /> Institute, I succeeded in getting the resolution<br /> passed. It would be well if a petition were also<br /> presented. Mr. Hall Caine mentioned to me that<br /> such a one was going to be passed round for<br /> signature. I have not seen it yet.<br /> JOHN G. RIDOUT.<br /> III.—THE ONTARIO SOCIETY OF ARTISTs.<br /> Toronto, November 14, 1895.<br /> At the monthly meeting of our Society held<br /> on Tuesday last the following resolution was<br /> adopted:—<br /> “That this Society is of opinion that the<br /> Canadian Copyright Act of 1889, now before the<br /> English Government for ratification, is detri-<br /> mental to the interests of artists in Canada, and<br /> would much regret the withdrawal of Canada<br /> from the International Copyright Convention.”<br /> ROBT. F. GAGEN.<br /> IV.--THE CANADIAN INSTITUTE.<br /> At a meeting of this Association, held on<br /> Saturday, Nov. 16, 1895, a resolution was passed<br /> that the Canadian Government be memorialised<br /> to remain within the Berne Convention.<br /> W.—FROM MR. GoLDw1N SMITH.<br /> To the Editor of the Times.<br /> Sir, Thanks to the eloquence of Mr. Hall<br /> Caine, who spoke admirably well, and to his<br /> diplomacy combined with that of Mr. Daldy, it<br /> appears that we have arrived at a settlement of<br /> the copyright question; though I do not myself<br /> believe that any settlement will prove in the end<br /> satisfactory except that of a uniform copyright<br /> for the whole Empire. Our retail booksellers are<br /> still in arms against the article of the agreement<br /> interfering with the importation of editions<br /> <br /> <br /> ## p. (#531) ################################################<br /> <br /> THE<br /> A UTHOIP. 177<br /> printed in England. They have reason for their<br /> protest. The Canadian High Commissioner says<br /> that no nation except Great Britain treats her<br /> colonies as foreign countries. Can he name any<br /> colonies except those of Great Britain which treat<br /> their mother country as a commercial enemy and<br /> protect themselves against her products?<br /> A wider question, however, and one affecting<br /> the entire constitution of the Empire, has been<br /> raised by this dispute. The British North<br /> America Act reserves to the Imperial Govern-<br /> ment a veto to be exercised in the general inte-<br /> rests of the Empire on all Canadian legislation.<br /> The Act is barely thirty years old, so that its<br /> provisions can hardly have lost their force. Yet<br /> our Minister of Justice, Sir C. Hibbert Tupper,<br /> said the other evening at a public dinner in<br /> Toronto that “the advisers of Her Majesty<br /> would not now dare to disallow the Acts of the<br /> Federal Legislature (of Canada) as had been done<br /> before.” The Imperial veto, in other words, is to<br /> be treated as a practical nullity. Canada asserts<br /> her legislative independence; in insisting on her<br /> right of withdrawing from the Berne Convention<br /> she asserts her diplomatic independence also. If<br /> Sir C. Hibbert Tupper&#039;s reading of the Imperial<br /> Constitution is right, the Parliament and the<br /> Parliamentary Ministry of Great Britain are<br /> merely local, like those of Canada or any other<br /> colony; and nothing is Imperial but a Crown<br /> constitutionally divested of its power. To the<br /> Imperial country no distinction is left except that<br /> of her sole responsibility for Imperial defence.<br /> This theory of the Imperial Constitution has, in<br /> fact, been almost formally advanced in the course<br /> of the copyright discussion. Are you prepared<br /> to accept it? It is time that your minds should<br /> be made up, as this controversy, from which,<br /> perhaps, we have not yet wholly emerged, shows.<br /> —Yours faithfully, GOLDw1N SMITH.<br /> Toronto, Dec. 2.<br /> WI.-CANADIAN COPYRIGHT.<br /> A SHORT Account (from the point of the English<br /> author) of the DRAFT ACT agreed upon by<br /> the Canadian Copyright Association, the<br /> Canadian Publishers’ Association, the Cana-<br /> dian Press Association, on the One part, and<br /> Mr. Hall Caine, representing the English<br /> Society of Authors, on the other part, and<br /> submitted by them to the Dominion Ministers<br /> at the Copyright Conference held at Ottawa,<br /> Monday, Nov. 25, 1895.<br /> I. That when an English author is about to<br /> publish a book simultaneously in England and a<br /> foreign country he shall enter its name and<br /> deposit a copy of it at Ottawa, or (by payment of<br /> a higher fee) at the Canadian High Commis-<br /> sioner’s Office in London.<br /> 2. That by this registration he shall undertake<br /> to print and publish that book in Canada within<br /> sixty days, or, if he can show cause for delay,<br /> within ninety days, of its first publication.<br /> 3. That printing in Canada shall mean the<br /> printing from plates made elsewhere.<br /> 4. That if an author has not published simul-<br /> taneously in England and in a foreign country<br /> (that is to say, if he has lost his American copy-<br /> right) his copyright in Canada shall remain as at<br /> present (under English law) until his book has<br /> been published without copyright and authority<br /> in, say, America. Then it shall be within the<br /> right of a publisher in Canada to apply to the<br /> Minister for a licence to publish it in the<br /> Dominion.<br /> 5. Or if an author has not fulfilled his under-<br /> taking to publish in Canada within the time<br /> prescribed it shall be within the right of a<br /> publisher in Canada to apply for a licence.<br /> 6. But before the license can be granted by the<br /> Minister the author must be informed of the<br /> application and given his choice of accepting it or<br /> of publishing for himself within sixty days.<br /> 7. Publishing for himself means publishing in<br /> his own name, in the name of his agent, of his<br /> English publisher, or of his foreign publisher.<br /> 8. If he should elect to accept the application<br /> for a licence he must receive at least Io per cent.<br /> On a book published at not less than 25 cents,<br /> with not fewer than 500 copies to an edition, his<br /> royalty must be paid in advance, and there must<br /> be only one licence granted for one book.<br /> 9. An author who is about to publish a serial<br /> story in England and in a foreign country (say<br /> America) may protect it during the time of its<br /> publication in parts by entering its name, a<br /> general description of its length and character,<br /> and his own name, &amp;c., at Ottawa or (by payment<br /> of a higher fee) at London.<br /> Io. That if he does not do this, or if he does<br /> not publish in a foreign country (say America)<br /> and his serial is stolen there, the proprietors of<br /> any number of Canadian newspapers may apply<br /> to Ministers for a licence to print it.<br /> II. The author may stop them from doing so<br /> by undertaking to arrange for the publication<br /> in Canada within sixty days.<br /> I2. Or he may accept the applications, and in<br /> that case they must bring him small payments of<br /> twenty-five dollars from newspapers published in<br /> towns of under one hundred thousand inhabi-<br /> tants, and fifty dollars from newspapers published<br /> in towns of over one hundred thousand.<br /> 13. There are various penalties for violation of<br /> copyright, &amp;c.<br /> <br /> <br /> ## p. (#532) ################################################<br /> <br /> 178<br /> THE AUTHOR.<br /> 14. The rights enjoyed by English authors<br /> are to be enjoyed by American authors and by<br /> the authors of every country having a copyright<br /> treaty with England.<br /> WII.-LETTER FROM MR. HALL CAINE TO THE<br /> -- TIMEs.<br /> Sir, With the knowledge and goodwill of Sir<br /> Charles Hibbert Tupper, the Minister of Justice<br /> at Ottawa, and with the consent and sympathy of<br /> the Canadian Copyright Association and the<br /> Publishers’ Association of Toronto, I wish to<br /> make a general explanation of the draft Bill<br /> which authors and publishers recommended to<br /> the Dominion Government yesterday as a basis<br /> for any fresh legislation on Canadian copyright<br /> which in the exercise of their judgment they may,<br /> perhaps, submit to the Canadian Parliament.<br /> The object of making this draft Bill public at the<br /> present moment is to afford to English authors,<br /> publishers, and owners of copyrights a proper<br /> and timely opportunity, before the Dominion<br /> ministers have attempted to give shape to new<br /> legislation, of saying if they foresee any serious<br /> disadvantages in the operation of a Canadian<br /> Copyright Act which should be founded on these<br /> lines:—<br /> SYNOPSIS OF DEAFT ACT.<br /> I. Any citizen of any country which grants copyright to<br /> British subjects may secure copyright in Canada for forty-<br /> two years.<br /> 2. The Act is not retroactive.<br /> 3. Any work hereafter issued that may have copyright<br /> under this Act shall have copyright in Canada without<br /> printing in Canada, subject to certain restrictions in the<br /> case of a book.<br /> 4. Any such work, and any work first produced in<br /> Canada, may secure exclusive copyright in Canada.<br /> 5. Every book published in a foreign country, simultane-<br /> ously with its publication in the British Dominions, must be<br /> registered simultaneously at Ottawa. If the book is pub-<br /> lished in the country of origin only, the owner may register<br /> at Ottawa at any time until a licence has been applied for.<br /> If a book is to be or is first published in Canada, it must be<br /> registered on or before day of publication.<br /> 6. Three copies of every copyrighted book or work,<br /> printed or produced in Canada, must be delivered at<br /> Ottawa.<br /> 7. From the day of registration importation must cease,<br /> except as to two copies which any person may import, and<br /> except as to copies of the book printed and published for<br /> circulation in the United Kingdom, which may be imported<br /> for sixty days, when the Canadian edition is to be ready.”<br /> 8. Application to print a book under licence, stating the<br /> proposed retail price, may be made to the Department :<br /> (a) When the book is registered at Ottawa and is not<br /> produced in Canada, within sixty days; or,<br /> (b) When the book is published in the country of origin<br /> only, and is published or announced for publication, with-<br /> out, copyright, in a foreign country.<br /> (c) When the book is published simultaneously in the<br /> * See P.S. to this letter.<br /> British Dominions and in a foreign country, or vice versa,<br /> but not registered or published simultaneously in Canada.<br /> 9. The registration mentioned above may be made at<br /> Ottawa ; or, for the convenience of authors abroad, it may<br /> be made at the office of the High Commissioner of Canada<br /> at London, provided the author pays the cost of cabling the<br /> fact of registration to Ottawa.<br /> I9. This registration involves an undertaking to print and<br /> publish an edition of the book in Canada within the sixty<br /> days following.<br /> THE AUTHOR GIVEN A SECOND CHANCE TO SECURE;<br /> COPYRIGHT.<br /> II. It will be seen that the author has already been given<br /> one opportunity to secure exclusive copyright in Canada.<br /> He is now given a second opportunity as follows:<br /> I2. On receipt of the application for a licence, the Minister<br /> is to telegraph or cable particulars to the publisher of the<br /> book in the country of origin, offering the choice of two<br /> plans, as follows:—<br /> (a) The copyright owner may accept the application, in<br /> which case the licence will issue forthwith ; or,<br /> (b) He may refuse the application and decide to retain<br /> the copyright himself, in which case he must register<br /> within seven days of the notice from the Minister, and<br /> must produce the book in Canada within the sixty days<br /> following. -<br /> 13. Should no answer be received by the Minister within<br /> seven days, the licence is to issue. All licences are to be<br /> given on certain conditions, as follows:<br /> I4. The applicant to agree to publish without alteration<br /> or abridgment, to pay the author a royalty of Io per cent.<br /> on the retail price, which royalty is in no case to be less<br /> than 23 cents, on each copy, and to pay the royalty on<br /> editions of 500 copies at a time, each copy of each edition to<br /> be stamped by the Department of Inland Revenue before<br /> being in any way disposed of.<br /> I5. The licence may be cancelled should a new edition<br /> with material alterations or additions be produced in the<br /> country of origin. The author is entitled to copyright on<br /> the new edition as though it were a new book. Should the<br /> author not register the new edition, the licence shall revert<br /> to the original licensee.<br /> I6. Importation ceases in the case of application for<br /> licence, the same as in the case of registration for copyright.<br /> 17. A copyright book going out of print must be reprinted<br /> within sixty days, otherwise a licence may be issued.<br /> 18. Books to be published under licence are to be printed<br /> within thirty days after issue of licence.<br /> 19. The Minister may, for cause, allow an extension of<br /> thirty days beyond any term specified as that in which a book<br /> must be printed in Canada.<br /> SERIAL COPYRIGHT.<br /> 2O. The author has the right to arrange for exclusive<br /> serial publication in Canada. Also by registration at<br /> Ottawa, he may protect his serial while it is in course of<br /> publication in any country.<br /> 21. Should he fail to do so, application for a licence to<br /> publish serially under licence may be made. Here, again,<br /> the author is given a second opportunity to retain exclusive<br /> eopyright, as follows:—<br /> 22. On receipt of the application for a serial licence the<br /> Minister is to telegraph or cable particulars to the publisher<br /> of the paper publishing the work in the country of issue,<br /> offering the choice of two plans, as follows:—<br /> (1) He may accept the application, in which case the<br /> licence issues forthwith ; or,<br /> (2) He may refuse the application, and decide to arrange<br /> for serial publication himself, in which case he must<br /> register within seven days of the notice from the Minister,<br /> <br /> <br /> ## p. (#533) ################################################<br /> <br /> THE AUTHOR.<br /> I 79<br /> and arrange for serial publication of the work within sixty<br /> days.<br /> 23. Should no answer be received by the Minister within<br /> seven days the licence issues forthwith, on conditions as<br /> follows:<br /> 24. The publisher agrees to publish the work in full.<br /> 25. The licence conveys exclusive right for the city, town,<br /> or village for which issued.<br /> 26. The licensee is to pay fifty dollars for papers in<br /> cities of Ioo,ooo population or over, and twenty-five dollars<br /> for cities, &amp;c., of less than IOO,OOO.<br /> 27. Thereafter, a licence is to be issued to all applicants<br /> on above conditions without further cabling.<br /> 28. Every registration for copyright or serial copyright<br /> and for every application for licence is to be published once<br /> in Canada Gazetle.<br /> 29. This serial licence gives no other right to print aud<br /> publish the work in any other form whatever.<br /> I now submit this draft Bill, with respectful<br /> homage, for the consideration of the Secretary of<br /> State for the Colonies, of Sir William Martin<br /> Conway and the Society of Authors, and of<br /> English publishers. It is a Bill to which the<br /> Canadian Copyright Association and other<br /> interested classes in Canada pledge themselves,<br /> and it is a basis on which, I have the best reason<br /> to think, fresh legislation might, perhaps, be<br /> framed, agreeably to the wish of the Canadian<br /> Government. I shall not traverse the points at<br /> which it seems to me better for English authors<br /> than the proposed Act of 1889, or attempt to<br /> show the particulars in which the interested<br /> parties in Canada have made concessions to our<br /> claims. Neither shall I discuss the constitutional<br /> question of Canada&#039;s rights to legislate so as to<br /> cover the interests of English authors, or yet<br /> touch the vexed problem of manufacture as a<br /> limitation of the principle of copyright. But I<br /> will try to indicate the operation of an Act which,<br /> in the wisdom of the Dominion Government,<br /> might, perhaps, be based on these general lines:—<br /> I. Such an Act would be limited in its opera-<br /> tion to the works of the popular authors. This<br /> would meet one of the objections of Mr. Goldwin<br /> Smith to the clause requiring that a book should<br /> be printed in the Dominion.<br /> 2. If a book would not pay to print and pub-<br /> lish in Canada, it would not therefore fail of copy-<br /> right there. The original edition could go into<br /> the Dominion, as at present, during the whole<br /> term of its copyright in the country of its origin.<br /> This would meet the case described in the valu-<br /> able letter of Mr. Herbert Spencer.<br /> 3. Though a new writer might lose his copy-<br /> right in America by failing to comply with the<br /> American Copyright Act, he would not therefore<br /> lose his copyright in Canada, where he would<br /> hold it absolutely until the end of his term. This<br /> would meet the painful case of such young<br /> writers as Miss Beatrice Harraden.<br /> WOL. VI.<br /> 4. Such an Act would not exclude from Canada<br /> the English book which had been copyrighted in<br /> the United States, but never registered or licensed<br /> in the Dominion, but it would exclude the<br /> American reprint of a book which had been<br /> registered or licensed, and it would also exclude<br /> the English colonial reprint, which was meant to<br /> meet a condition that is gone—the condition of<br /> general piracy in the United States—and would<br /> then be useless and mischievous; and it would<br /> also exclude the English edition after the pub-<br /> lication of the Canadian edition.<br /> 5. Our understanding with the United States<br /> would not be endangered, because American<br /> authors would enjoy the same privileges and be<br /> under the same obligations as English authors.<br /> 6. Such an Act would not imperil the great<br /> advantages to English authors of American copy-<br /> right, because it would put it within the author&#039;s<br /> control (both under the condition of registration<br /> and under the condition of license) to see that<br /> his American market could not be injured in<br /> Canada.<br /> 7. Such an Act should not be inconsistent with<br /> the spirit of the Berne Convention. As the<br /> excellent report of the departmental representa-<br /> tives (1892) very properly says: “The Conven-<br /> tion merely stipulates that foreign copyright<br /> owners are to be entitled to the same rights and<br /> privileges as British copyright owners, and if the<br /> rights of British copyright owners are cut down<br /> by such licences, foreign copyright owners are not<br /> entitled to complain of their rights being cut<br /> down to a similar extent.<br /> 8. Such an Act ought to enable the Dominion<br /> Government to withdraw its application to<br /> denounce the Berne Convention, and so to remove<br /> the danger under which Canadian authors now<br /> stand of being put into a position of isolation.<br /> 9. The interposition of a Government depart-<br /> ment (the Department of Agriculture) in the pub-<br /> lishing industry of Canada—now perplexed by<br /> the uncertainties of the Foreign Reprints Act,<br /> and threatened with the intricacies of the pro-<br /> posed legislation of 1889—would be confined to<br /> a single and simple transaction, which would<br /> probably be the less frequent form of arrange-<br /> ment.<br /> In conclusion I venture to counsel my brother<br /> authors not to inquire too curiously into the<br /> constitutional question involved in Canada&#039;s<br /> demand to legislate for herself, and I promise<br /> them, after yesterday&#039;s public conference with the<br /> Premier, Sir Mackenzie Bowell, and the Minister<br /> of Justice, Sir Charles Hibbert Tupper, as well<br /> as with the representatives of the publishing,<br /> printing, and bookselling industries throughout<br /> the Dominion, that Canada is at this moment in<br /> TJ<br /> <br /> <br /> ## p. (#534) ################################################<br /> <br /> 18O<br /> THE AUTHOR.<br /> the mood to deal with us, if we are conciliatory<br /> and reasonable, not only justly, but generously.<br /> In the last word I desire to make acknowledg-<br /> ment of the valuable assistance of Mr. F. R.<br /> Daldy. I must not charge him with any re-<br /> sponsibility for the principle of this Bill, which<br /> must be laid to my own account entirely; but I<br /> should be very wanting in gratitude if I did not<br /> say how much I owe to his special knowledge of<br /> copyright law and to his warm sympathy and<br /> untiring help. Mr. Daldy is to remain some days<br /> longer in Ottawa, and he will, I am sure, obtain<br /> some further concessions on points of detail.—<br /> Yours very truly, HALL CAINE.<br /> Ottawa, Nov. 26.<br /> P.S.—Since writing the foregoing Mr. Daldy<br /> and I have heard from the Dominion Ministers<br /> that they cannot propose to exclude any English<br /> book except the colonial edition after publication<br /> of the Canadian edition. The exclusion of the<br /> English edition was a concession made by me<br /> to secure certain of the authors’ rights. To-night<br /> (Tuesday) the Canadian Copyright Association<br /> writes asking me if I would agree to the with-<br /> drawal of the prohibition on English editions. I<br /> have answered that I would agree. Therefore,<br /> this clause of the foregoing draft may, I think,<br /> be read as abandoned. HALL CAINE.<br /> Dec. 5, 1895.<br /> VIII.-CANADIAN COPYRIGHT IIEGISLATION.<br /> Canadian copyright legislation has been ad-<br /> vanced by another not unimportant stage. The<br /> draft Act which Mr. Hall Caine brought back to<br /> England as the basis of compromise which had<br /> been submitted to the Dominion Government has<br /> been reported upon by the home authorities and<br /> revised by Parliamentary counsel, and will pro-<br /> bably be returned to Ottawa at an early date.<br /> It is understood that the revision consists in the<br /> main of technical changes which are intended to<br /> bring the Act into harmony with the terms of<br /> Imperial legislation, and that it removes the<br /> prohibition on books lawfully printed and pub-<br /> lished for general circulation in countries of the<br /> Berne Copyright Union.<br /> This change will no doubt meet the only objec-<br /> tion urged against the Bill in Canada on behalf of<br /> Canadian readers and retail booksellers, and it is<br /> therefore not unlikely that the Minister of Justice<br /> will put the Act in hand before the dissolution of<br /> the Dominion Parliament in the spring. In that<br /> event it seems probable that there will be no<br /> further opposition in this country. — Times,<br /> Dec. 23, 1895.<br /> changes.<br /> EDUCATIONAL BOOKS.<br /> T a meeting of the committee of manage-<br /> ment held on Monday, Dec. 9, a sub-com-<br /> mittee was appointed to investigate and<br /> to report upon the question of the publishing of<br /> educational works. The sub-committee will be<br /> extremely obliged if members of the Society will<br /> interest themselves in this important work and<br /> forward to the secretary their own experience, or<br /> that of their friends, with the accounts and the<br /> agreements. It is understood that no cases will<br /> be published with names unless by permission of<br /> the authors concerned.<br /> The following, for instance, is the experience of<br /> one writer of educational books:—<br /> “For my first book I agreed with my publisher<br /> to receive a royalty of Io per cent., to begin after<br /> the first thousand were sold. This book has done<br /> extremely well—so well that I think the publishers<br /> ought to have gone beyond the agreement and<br /> paid me royalties as from the beginning. I have<br /> done two other books for the same publishers on<br /> Io per cent. from the beginning; the work was<br /> of a kind which necessitated considerable sums of<br /> umoney spent in copying books and other pay-<br /> ments, amounting to about £50 in all. This<br /> money has been paid by me, not by the publishers.<br /> I do not know what proportion of profit has<br /> been taken by the publishers and what has gone<br /> to me.<br /> “I next made arrangements with a general<br /> editor of a certain firm to edit a book for which I<br /> was to receive a certain sum—quite a small sum.<br /> I worked at this for nearly a year, and had done<br /> about half the work, when the general editor<br /> resigned, and his place was taken by another man<br /> who refused to accept the work on which his pre-<br /> decessor had engaged me, and which I had already.<br /> half finished. I have done another book for an<br /> educational series for which I am receiving a .<br /> royalty of 7% per cent. on the published price.<br /> With regard to this book, I made it a condition<br /> when I contributed it to the series that it should<br /> be planned in a certain manner.<br /> “Thris was agreed to, and I spent a year&#039;s hard<br /> work upon it. This summer, however, without<br /> any warning to me, the publishers have issued in<br /> the same series an “alternative’ book to my own.<br /> It is a work closely modelled on mine with certain<br /> I should like to ask whether there<br /> ought not to be some protection for contributors<br /> to an educational series against the introduction<br /> of ‘alternative&#039; volumes embodying, as far as<br /> may be convenient, the fruits of their labour.”<br /> This case illustrates the need for the inquiry of<br /> <br /> <br /> ## p. (#535) ################################################<br /> <br /> THE AUTHOR.<br /> 181<br /> the newly appointed sub-committee. The royal-<br /> ties are simply sweating. As for the introduction<br /> of an “alternative” volume, this extraordinary<br /> statement demands further investigation.<br /> * * ==s*<br /> r----,<br /> OFFICE EXPENSES.<br /> HE question whether a publisher is entitled<br /> to charge for office expenses is growing<br /> larger and more important. In fact, the<br /> relations between author and publisher cannot be<br /> discussed, to say nothing of being settled, until<br /> this question has been thoroughly thrashed out.<br /> Every honest man is agreed that there must be<br /> no secret charge of any kind; that to spend £80<br /> and to tell the author in the accounts that £IOO<br /> has been spent is—but it is quite unnecessary to<br /> say here what that is.<br /> We wish to speak of agreements and terms of<br /> partnership between two honourable men, both of<br /> whom desire nothing more than is fair, and both<br /> of whom would scorn the dirty tricks of Secret<br /> profits and lying returns.<br /> Let us set forth the conditions of the question<br /> as fairly and as dispassionately as possible.<br /> We will here consider only that kind of book<br /> which carries with it no risk. By this we mean a<br /> book which is certain to pay for the actual cost of<br /> production with some margin, great or small; a<br /> book of which the publisher knows that he can<br /> dispose of a certain minimum which will at<br /> least clear his liability, and which he hopes will<br /> greatly exceed that sum. In every branch of<br /> literature there are a great many authors whose<br /> books fall under this head—books without risk.<br /> Of course we cannot admit that kind of risk<br /> incurred when a publisher, for the sake of saving<br /> a little on the cost of production, issues a much<br /> larger edition than he can depend upon selling.<br /> Thus, if a writer has recently written a book which<br /> has gone through an edition of 2000, the publisher<br /> would not be justified in complaining of the risk<br /> he had undertaken if he were to begin with an<br /> edition of 4OOO.<br /> Let us, as usual, deal with our customary<br /> example, the 6s. book; not necessarily a novel.<br /> There are three methods of publishing : that<br /> of purchase, which is perhaps the best of all if<br /> the author obtains the proper price : of profit-<br /> sharing, also very good if the author gets his<br /> proper share : of royalties, which is very good if<br /> the author gets a proper royalty.<br /> Now, when any one of these methods is dis-<br /> cussed, the publisher, too often, objects, generally<br /> putting the two together, the cost of advertise-<br /> ment, and his enormous office expenses.<br /> As regards the former, that forms part of the<br /> cost of production, and is only mentioned here<br /> because it is sometimes lumped together with office<br /> expenses in the desire to pass the latter because<br /> the former cannot well be disputed. One word re-<br /> garding the cost of advertising. It is as well<br /> to remind the reader what it means. Thus the<br /> expenditure of £10 on advertising means:<br /> On the first thousand copies an addi-<br /> tion of .................................... 2#d.<br /> On the first two thousand ............... Iłd.<br /> On the first three thousand ............ #d.<br /> Of the first ten thousand 9-d.<br /> to the cost of every volume. .<br /> So that if £30 is spent on advertising a book<br /> which has a sale of Io,000, the cost of production<br /> is increased by #d. for every volume. Of course<br /> this does not include advertising in a publisher&#039;s<br /> own newspapers or exchanges, either open or<br /> concealed.<br /> Let us return to the clause for charging office<br /> expenses.<br /> It is a new thing. Formerly a publisher<br /> agreed, if he thought a book likely to succeed, to<br /> take the risk and give his services in considera-<br /> tion of half, or one-third, of the profits. The<br /> word “profits” was understood to mean the<br /> difference between the gross receipts and the<br /> money spent on production. This point is estab-<br /> lished by Charles Knight, who gives the accounts<br /> of Gibbon’s “Decline and Fall,” on a profit-sharing<br /> agreement (see p. 183). Knight wrote fifty years<br /> ago, but he calls attention to the tampering with<br /> accounts which had then become too common a<br /> practice.<br /> The point, however, is this: that a hundred<br /> years ago a profit-sharing agreement in which the<br /> publisher gave his risk and his services in return<br /> for an agreed share of profits did not allow him,<br /> nor was it ever thought of, to deduct his office<br /> expenses, and then begin to share. The bargain<br /> was that in return for his share he should take<br /> the risk and give his services. Now his services<br /> meant then, and they mean now, the use of the<br /> whole of his machinery.<br /> We have here eliminated the question of risk.<br /> That is to say, we are considering only that class<br /> of books, now become very large, in the produc-<br /> tion of which there is no risk,<br /> The services of the publisher remain; and for<br /> these services he must be remunerated on such a<br /> scale as will pay him a fair margin over and above<br /> his office expenses.<br /> What are these services P. That is the question<br /> on which depends the adjustment of the relations<br /> between author and publisher. What does the<br /> publisher actually do for the book? His own<br /> <br /> <br /> ## p. (#536) ################################################<br /> <br /> 182<br /> THE AUTHOR.<br /> personal work lies first in giving the machinery<br /> of his office and clerks whereby the book can get<br /> printed, and bound, and distributed, and the<br /> accounts collected. All this is pure routine, and<br /> is the daily work of clerks, accountants and<br /> travellers. There is not the least mystery or<br /> difficulty about it. Knowledge there must be,<br /> viz., as to the proper charges for printing, binding<br /> and paper; but knowledge that the clerks and<br /> accountants may possess as much as the principal.<br /> There is, next, the decision as to the best number<br /> to start with, a difficulty easily met in the case of<br /> the book we are considering—a book that carries<br /> no risk. Then comes the amount of expense that<br /> the book will “bear” in advertising—a point<br /> as to which all publishers differ in practice.<br /> One does not desire in the least to undervalue the<br /> personal work done for the book by the publisher;<br /> but can anyone find any other contribution to the<br /> success of the book P. In other words, what does<br /> a publisher do for a book whose production carries<br /> no risk, more than has been stated above P -<br /> Yet for doing this simple routine work by the<br /> hands of his clerks some publishers claim the<br /> right of charging first for office expenses, and<br /> then actually going halves—if not worse—with<br /> the owner and creator of the property<br /> On what grounds can this claim be allowed P<br /> Do other people—agents — stewards — trades-<br /> men—ever make such a claim P What would be<br /> thought of a rent collector—a solicitor—a land<br /> agent—a house agent--demanding first a deduc-<br /> tion for the Office expenses, and, next, half what is<br /> left for himself? The thing would be monstrous.<br /> In all work done for other people, of whatever<br /> kind, the office expenses must be met by the man<br /> who does the work. It is his affair. He has got<br /> to make his own machinery; to buy his own tools.<br /> The doctor does not charge for the carriage in<br /> which he drives about: the solicitor does not charge<br /> for the clerks who do his writing: the barrister<br /> does not charge for his rent and his clerks; on<br /> the contrary, the charges of all these men are<br /> uniform, and on the same scale, whether there<br /> are few clerks or many. There cannot, in fact,<br /> be named any kind of trade or profession, except<br /> that of publishing, in which it is pretended that<br /> the shop or the office is charged for separately.<br /> That there must be a first charge on the shop-<br /> keeper&#039;s returns for rent and servants is obvious;<br /> and there must be a margin, otherwise the shop-<br /> keeper could not live.<br /> Some time ago an interesting interview with a<br /> publisher, already referred to in these columns,<br /> appeared in the New Budget. This publisher,<br /> speaking of a popular six shilling novel, lamented<br /> bitterly that the author got eighteenpence a copy,<br /> but that he himself, after deducting the cost of<br /> production, the advertisements, and his office<br /> eapenses, only made sevenpence a copy. Only<br /> sevenpence Poor man. It was a very popular<br /> book. It sold a great many thousands. If it<br /> sold 40,000 copies this publisher received, there-<br /> fore, no more than £1 166 in three months for<br /> doing—what? We have seen above all that he<br /> did. His figures, besides, require auditing.<br /> Since, however, it is desired to decide upon a fair<br /> adjustment with the publisher, one which shall<br /> include office expenses and leave a proper margin,<br /> there are two or three other things necessary to<br /> be considered. Thus, we must ascertain what are<br /> office expenses, and what proportion they bear to<br /> each book. In order to do this it would be<br /> necessary to have access to the publisher&#039;s books<br /> —all his books—a thing not easy to get. Yet<br /> without these books it is impossible to arrive at<br /> any answer.<br /> The expenses include rent, taxes, readers, clerks,<br /> servants, fire and lighting, travellers, stationery,<br /> and all the ordinary expenses of an office. In the<br /> case of the new publisher, with his two rooms<br /> and his two boys and no traveller, these expenses<br /> are not, of course, considerable; a few hundreds<br /> a year would cover them.<br /> In the case of a great house they are,<br /> naturally, very large indeed. One is quite willing<br /> to admit the fact. The question is, first, how<br /> much are they, year by year, on an average as<br /> shown by the books P. Next, what are the average<br /> sales, year by year, of all the firm’s publications,<br /> as shown by the books?<br /> For instance, the publisher above referred to<br /> calculated the office expenses on each volume at<br /> something like 50l., i.e., the share of office expenses<br /> on that one successful book would be—putting the<br /> circulation at 40,000—3833 for three months<br /> If one book out of all those in his list cost £833<br /> for three months to distribute, how terrible must<br /> be his office expenses taken as a whole and divided<br /> among all the books The figures are the pub-<br /> lisher&#039;s own—not ours. But does this include<br /> the advertising P Yes: but the sum of £100,<br /> which is enormous, spent in advertising would<br /> not mean so much as three farthings a volume.<br /> However, let us take a more reasonable view of<br /> things. We will suppose that the sum of £3000<br /> covers all office expenses. There are houses<br /> where, no doubt, this sum would not nearly cover<br /> expenses; there are also smaller ones where this<br /> sum is not nearly reached. We may fairly con-<br /> sider that one volume may be taken with another.<br /> That is to say, there is as much trouble and work<br /> over the distribution of a half-crown volume as<br /> over a half-guinea, volume. So that if, for in-<br /> stance, the whole sales of the year amount to<br /> 24O,OOO volumes, we have to divide the office<br /> <br /> <br /> ## p. (#537) ################################################<br /> <br /> THE AUTHOR.<br /> 183<br /> expenses by this number of volumes in order to<br /> arrive at the share of each.<br /> Now £3000 divided by 240,000 gives the sum of<br /> 3d. for each volume, i.e. if 3 s. 6d. be the trade price<br /> of the volume, 7 per cent. On the gross receipts<br /> will be wanted for office copies. But these figures<br /> are purely imaginary. Nor can any general<br /> percentage be arrived at, because the pro-<br /> portion must vary with the business done by any<br /> house.<br /> The next consideration is very important. It<br /> is this. If the office expenses of the publisher<br /> are to be charged, those of the author must<br /> also be charged as well. Now, the office expenses<br /> of the author are sometimes very heavy indeed.<br /> A case was recorded in these pages some time ago<br /> in which an author who wrote a small book for a<br /> sum of £1oo found it necessary to make three<br /> journeys at a cost of £35 in order to verify<br /> certain points. Were not these office expenses?<br /> Then there is the rent of his study; the payment<br /> of the typewriter; that of the occasional or regular<br /> shorthand writer; the cost of fire and lights; the<br /> share of servant’s work; paper; books bought<br /> —often an extremely heavy outlay; sometimes<br /> research and copying to be done and paid for.<br /> Are not those things as much office expenses as<br /> the publisher&#039;s office P Of course they are.<br /> Think what they mean. The rent of the study<br /> can hardly be placed at less than £30; the type-<br /> writer takes perhaps &amp; IO; the shorthand writer<br /> may perhaps be had for part of the time at, say,<br /> IOS. a week, or say only £20 a year; books, paper,<br /> and other things easily rise into another £2O a<br /> year. His office expenses, therefore, amount to<br /> £8o a year, say £80 for the one book.<br /> We are sometimes told that office expenses<br /> mean Io per cent. of the gross receipts: we are<br /> not informed how that figure has been arrived at.<br /> Let it pass, however. Now, IO per cent. On a 6s.<br /> book means Io per cent. On 3.s. 6d., or 4+d. If a<br /> writer of whose book 3000 copies are sold received<br /> the same allowance he would still be a loser,<br /> because he would only receive £52 IOS. for his<br /> office expenses. In other words, if a writer is to<br /> receive Io per cent. on the returns for his office<br /> expenses, he must have a sale of 4600 before his<br /> office expenses for one year are paid.<br /> To sum up. First of all, a claim for office<br /> expenses is a new thing invented of late years.<br /> (2) The publisher&#039;s services, for which alone,<br /> in a book without risk, he can claim anything,<br /> mean the use of his office, which can no more<br /> be considered separately, in such a book as<br /> we are considering, than it is when dealing<br /> with a solicitor, a doctor, a barrister, a printer,<br /> a carrier, a rent collector, an agent, or one who<br /> does any kind of work for any other man. The<br /> WOL. VI.<br /> publisher and his office are one. (3) If the pub-<br /> lisher&#039;s office expenses are to be charged to his<br /> account separately, so must the author&#039;s. (4) The<br /> real office expenses, together with the average<br /> number of volumes sold, cannot be arrived at<br /> without examination of the books, and no charge<br /> can be allowed in any kind of account or bill<br /> which cannot be audited and verified.<br /> Two methods are possible. The first is for both<br /> author and publisher to take a percentage—the<br /> same—on the receipts, or on the cost of production,<br /> for office expenses, and then to proceed with the<br /> division. Of course this is the same thing as<br /> taking no notice of them—the old plan. The<br /> other method is for the author to have nothing to<br /> do with the publisher&#039;s office expenses at all, but<br /> to give him a royalty as remuneration for his<br /> services which shall include office expenses with<br /> a fair margin for himself.<br /> *-- ~ --&quot;<br /> e- * *—s<br /> A HUNDRED YEARS AGO,<br /> HE following extract, taken from Knight&#039;s<br /> “Shadow of the Old Bookseller,” shows<br /> what was meant a hundred years ago by<br /> a profit-sharing agreement — two-thirds of the<br /> profits to go to the author and one-third to the<br /> publisher; the actual cost of production to be<br /> taken from the gross returns; the publisher&#039;s<br /> remuneration or share to include his services, i.e.,<br /> his office, clerks, and general machinery. What<br /> else, indeed, could the publisher of Gibbon’s<br /> “Decline and Fall ” do for the book P<br /> “State of the account of Mr. Gibbon’s “Roman Empire.”<br /> Third edition. Ist vol. No. IOOO. April 3°,1777.<br /> S.<br /> Printing 80 sheets at £1 6s. with notes at the<br /> bottom of the paper ...... ........... ........ I 17 o o<br /> 180 reams of paper at 19s. ........................ I7 I O O<br /> Paid the corrector extra care ..................... 5 5 O<br /> Advertisements and incidental expenses ......... I6 I5 o<br /> 3IO O O<br /> 3 S. d.<br /> IOOO books at 16s. .................. 8OO o o<br /> Deduct as above ..................... 3IO O O<br /> Profits on the edition......... 490 O O<br /> Mr. Gibbon&#039;s two-thirds is ........................ 326 I3 4<br /> Messrs. Strahan and Cadell&#039;s........... * . . . . . . . . . . . . 163 6 8<br /> 490 O O<br /> I should be unwilling to raise any invidious<br /> comparisons between the publishers of the<br /> eighteenth and those of the nineteenth century;<br /> but, if I am not mistaken, the ordinary profits<br /> would—say twenty-five years ago — have been<br /> taken upon a different principle, and the account<br /> X<br /> <br /> <br /> ## p. (#538) ################################################<br /> <br /> 184<br /> THE AUTHOR.<br /> would have assumed something like the follow-<br /> ing shape:<br /> Hypothetical account, wbom the half profit system, of a<br /> book which cost £31o.<br /> 3 s. d.<br /> 1000 at 16s. ............................................. 8oo o o<br /> Less IO per cent. for publisher ..................... 8o o o<br /> 720 o o<br /> Deduct as above ............... 3IO O O<br /> 4IO O O<br /> Half share to author ............... 2O5 O O<br /> Half share to publisher, with<br /> £80 commission .................. 205 o o&#039;<br /> By “five and twenty years ago.” Knight<br /> clearly means his own time of writing, which was<br /> about thirty years ago, when cookery applied to<br /> publishers&#039; accounts was already one of the Fine<br /> Arts. Let us give another hypothetical case<br /> showing a modern account not worse than has been<br /> found in certain cases brought to the Society<br /> within the last ten years. Of course the pro-<br /> cess of Cookery was not shown in the account<br /> rendered.<br /> True Cost. Charge.<br /> 48 S. d. 48 S. d.<br /> Printing.............................. II 7 O O I28 I 4 O<br /> Paper................................. I71 o o 188 2 O<br /> Corrections ..................... ... .5 S O IO IO O<br /> Advertisements..................... 16 15 O Y<br /> Do. in publisher&#039;s own organ ... 33 5 o y so O O<br /> Postage, &amp;c. ........................ 5 O O<br /> 382 6 o<br /> Profit on editions .................. 3IQ 4 IO<br /> 701 Io Io<br /> Receipts.<br /> IOOO books at 16s., 13 as 12 ... 738 9 o<br /> Less 5 per cent, for bad debts... 36 18 5<br /> 7OI IO Io<br /> Half profit to author ................................. I59 I2 5<br /> 39 to publisher.............................. } each.<br /> True profit to publisher, 22.41 18s. 5d. So that<br /> in a “half-profit” system the publisher would<br /> get by these figures 382 6s. more than his<br /> partner.<br /> THE RETURN OF MISS.<br /> CASE was tried before one of the City<br /> Courts last month, which presents a<br /> point of some interest. It has not been<br /> reported, so far as we know, in any paper, and<br /> the statement of the case as presented here is<br /> that of the plaintiff only. In the absence of<br /> documentary proofs, or a Press report, let it stand<br /> as a hypothetical case only. - – t<br /> The plaintiff stated that a certain editor of a<br /> weekly paper—not the proprietor—invited him to<br /> send in contributions, adding that he could not<br /> give him the order unconditionally, as he was not<br /> the proprietor, but stating that he would arrange<br /> for their acceptance. -<br /> The plaintiff thereupon sent in three separate<br /> contributions. The papers were sent in on<br /> July 8, Aug. 13, and Aug. 24. Then nothing<br /> more was heard about the contributions. The<br /> plaintiff called and wrote repeatedly. Nobody<br /> was ever at home, and no reply came to the letters.<br /> He sent in an account and asked for payment.<br /> No reply. He then brought an action for the<br /> amount. The defence was that the customary<br /> paragraph concerning MSS., which appears weekly<br /> in the paper, released the defendants from any<br /> liability. This was the paragraph:<br /> NOTICE TO CONTRIBUTORS.<br /> The editor will not guarantee the return of any MSS. sent<br /> in on approval, but he will use his best endeavours where<br /> stamps are forwarded for the purpose.<br /> The judge agreed with this view, but asked<br /> why the MS. was not returned in accordance<br /> with this paragraph. The defendants said that<br /> they had the MS. in the court. The judge ordered<br /> the MS. to be handed over and dismissed the<br /> Ca,Sé.<br /> The plaintiff, therefore, got his M.S. at the<br /> cost of IOS. and a wasted morning.<br /> The point to observe is that the editor, or<br /> proprietor, who inserts such a notice is clearly<br /> within his right, even when the MS. has been<br /> invited to be sent in on approval. The contri-<br /> butor who accepts such an invitation must protect<br /> himself, therefore, beforehand, by getting an<br /> assurance from the editor, in writing, that his<br /> MS. will be returned if it is not acceepted. Of<br /> course, the conduct of an editor who invites a<br /> contribution and then spitefully refuses to return<br /> it, under cover of such a “notice,” needs no<br /> comment.<br /> *– ~ -º<br /> g- - -<br /> NEW YORK LETTER,<br /> New York, Dec. 14, 1895.<br /> R. HALL CAINE will have reached your<br /> shores long before this letter leaves New<br /> York, and he will be able to report in<br /> person the success of his mission to Canada.<br /> The most of the authors and the publishers with<br /> whom I have chanced to talk about the new<br /> Canadian bill do not approve of it. They are in<br /> favour of leaving things as things are now. The<br /> authors for the most part care very little about<br /> the matter, for the Canadian market is not large,<br /> and it seems to prefer British books to American.<br /> The publishers feel very keenly on the subject, as<br /> <br /> <br /> ## p. (#539) ################################################<br /> <br /> THE AUTHOR.<br /> 185<br /> they have reason to fear that the Canadian<br /> re-printer is already making arrangements to<br /> pour into the Western States, through the post-<br /> office, a mass of books copyright in the United<br /> States.<br /> One would think that the Canadians who do<br /> most of their trading with us would not be in<br /> favour of anything likely to tighten the restric-<br /> tions which already interfere with the liberty of<br /> commerce between the two countries. It must be<br /> remembered always that Canada, although the<br /> nearest neighbour of the United States, is not<br /> very friendly to us. This unfriendliness is due<br /> in part to an inheritance of hate brought into<br /> the Dominion by the exiled loyalists who had to<br /> leave the United States after the Revolutionary<br /> War. And the element in the Canadian people<br /> free from this unfriendliness, the element most in<br /> sympathy with the life and the ideals of the<br /> people of the United States, is not large, and is<br /> never likely to be, since the Canadian who likes<br /> the United States is prone to immigrate here. I<br /> heard the other day that there are now more<br /> native Canadians residing in the United States<br /> than there are native Canadians residing in<br /> Canada. The temptation must always be very<br /> great to the strong and the energetic to go to the<br /> place where they can better themselves, and there-<br /> fore to abandon a native land which is bleak, and<br /> infertile, and heavily in debt.<br /> But this has nothing to do with Mr. Hall<br /> Caine&#039;s experiences here, or with the pleasant im-<br /> pressions he left behind him. The Aldine Club,<br /> composed chiefly of members of the publishing<br /> trade, gave him a dinner. He spoke one evening<br /> last month before the Nineteenth Century Club<br /> on the “Moral Responsibility in the Novel and<br /> the Drama,” having a manuscript before him but<br /> using it only occasionally. He illuminated his<br /> discourse with two or three Manx anecdotes,<br /> capitally told; and he illustrated his assertion<br /> that this present century is far and away the most<br /> romantic and interesting of any yet known to<br /> mankind, by an American anecdote of a telegraph<br /> operator, narrated with knowledge and sympathy<br /> and point. Another British author, Mr. Gilbert<br /> Parker—if he is to be called a British author, in<br /> spite of the fact that he was born in Quebec, I<br /> believe—has been spending the autumn months<br /> in New York. He was married last week to a<br /> young lady of this city, Miss Wantine; and the<br /> happy couple propose settling in London next<br /> month, I understand. Yet a third British author<br /> is here, “John Oliver Hobbes,” and here I am<br /> even more in doubt as to the nationality since<br /> Mrs. Craigie was born in the United States, but<br /> brought up and married in England. Mrs.<br /> Craigie is being much entertained and frequently<br /> interviewed by all sorts of newspapers. She has<br /> arrived here in time to be present at the first<br /> performance of her little play, “Journeys End in<br /> Lovers Meeting,” by Miss Ellen Terry at Abbey&#039;s<br /> Theatre this week.<br /> The performances of Miss Terry and of Sir<br /> Henry Irving and of the London Lyceum Com-<br /> pany have been attended as faithfully as they<br /> always are here in New York. At the request of<br /> the Shakespeare Society of Columbia College,<br /> Sir Henry delivered a lecture on the “Character<br /> of Macbeth,” before some thousand or so of the<br /> officers and students of the University. It was a<br /> brilliant gathering which Sir Henry addressed in<br /> the lofty and beautiful library of Columbia, from<br /> which the tables had been removed, and on the<br /> bookcases of which many of the younger students<br /> had perched themselves picturesquely. And Sir<br /> Henry’s lecture was worthy of the occasion. Of<br /> course it was to some extent an explanation of<br /> that reading of the character which the actor<br /> follows in his own performances of Macbeth.<br /> The address was beautifully delivered and it was<br /> most cordially received.<br /> As I have seen more than one reference in the<br /> pages of the Author to the New York society<br /> called the “Uncut Leaves,” at the meetings of<br /> which authors read their imprinted writings to<br /> appreciative audiences, it may be of interest to<br /> record here that Mr. L. J. B. Lincoln, the origi-<br /> nator of the scheme, has issued his circular for<br /> the winter of 1895-6. Readings for the fifth<br /> season will be held at Sherry&#039;s Rooms on Satur-<br /> day evenings, Nov, 23, Dec. 2 I, Jan. 25, Feb. 29,<br /> March 28, and April 25. In response to many<br /> requests, an afternoon series will be held at<br /> Sherry&#039;s on Tuesdays, Dec. 17, Jan. 7, Feb. I I,<br /> March IO, April 7 and 28, at 3.30. At these<br /> meetings prominent actors, whose presence would<br /> be impossible at the evening meetings, will take<br /> part, as well as authors. The subscription for<br /> either the evening or afternoon course will be ten<br /> dollars, admitting two persons to each reading.<br /> For both courses the subscription will be seven-<br /> teen dollars for two persons. An initiation fee<br /> of five dollars will be required from new members<br /> for the evening readings. It is to be recorded<br /> that the authors who read are always well paid<br /> for this labour.<br /> The London Spectator not long ago, in noticing<br /> the fact that Macmillan and Co. had become the<br /> British agents of the Century Magazine, expressed<br /> the hope that they would soon abandon the so-<br /> called American spelling. Of course this was<br /> written in ignorance of the fact that the London<br /> agents of the Century, of Harper&#039;s Magazine,<br /> and of Scribner&#039;s Magazine have nothing what-<br /> ever to do with the management of authose<br /> <br /> <br /> ## p. (#540) ################################################<br /> <br /> I86<br /> THE AUTHOI8.<br /> magazines; their sole function is to sell a certain<br /> number of copies consigned to them. These<br /> three magazines are edited here in New York and<br /> for American readers with but little thought for<br /> the British reader, since the circulation in Great<br /> Britain of any one of the three is probably not<br /> one-fifth of its total circulation. And the habit<br /> of advertising in magazines is not so far developed<br /> in Great Britain as it is in the United States;<br /> the Century and Harper&#039;s appear here frequently<br /> with more than one hundred pages of advertise-<br /> ments all carefully classified. Obviously it is<br /> on the American reader and on the American<br /> advertiser that the American magazine must<br /> rely; the circulation it may gain in England it is<br /> glad to have, for these sales in Tondon are so<br /> arranged as to be almost clear profit with little or<br /> no risk in most cases.<br /> So far from their being any probability that the<br /> American people as a whole will give up their<br /> simplifications of English orthography, any keen<br /> observer can see that the simplifying movement is<br /> steadily advancing. The latest symptom of this is<br /> the organisation of the “Orthografic Union,” the<br /> object of which is to secure the simplification of<br /> English orthography. The president of this new<br /> society is Mr. Benjamin E. Smith, the managing<br /> editor of the “Century Dictionary;” and among<br /> the vice-presidents are Francis J. Child, Professor<br /> of English in Harvard University; Thomas R.<br /> Tounsbury, Professor of English in Yale Univer-<br /> sity; Francis A. March, Professor of English in<br /> Lafayette College; Brander Matthews, Professor<br /> of Literature in Columbia College; William R.<br /> Harper, President of the University of Chicago;<br /> Alexander Melville Bell, Thomas Wentworth<br /> Higginson, William Dean Howells, Edward<br /> Eggleston, Andrew D. White, formerly President<br /> of Cornell University.<br /> The Orthografic Union has issued a circular<br /> calling for further advance in spelling reform.<br /> As this is a subject in which all authors are<br /> interested I append the modifications the society<br /> suggest :<br /> The Orthografic Union aims to organise effort for the<br /> adoption and persistent use of uniform improvements in<br /> English spelling. In the first series of improvements, con-<br /> sisting of the three classes given below, are introduced only<br /> such changes as there is reason to believe a considerable<br /> number of eminent authors, editors, and publishers are<br /> ready to unite in using.<br /> The first and second classes of improvements selected,<br /> and most of the words in the third class, have been recom-<br /> mended by the Philological Society of England, the<br /> American Philological Association, and the Modern Lan-<br /> guage Association of America, and are recognised in the<br /> columns of “A Standard Dictionary,” and in lists given<br /> in “The Century” and “Webster&#039;s International * dic-<br /> tionaries.<br /> The Orthografic Union recommends the following improve-<br /> ments for immediate use in books, journals, commercial and<br /> private correspondence, &amp;c. :<br /> Class I. Final ed pronounced as t : after a short vowel or<br /> diphthong, spell simply t, and simplify preceding double<br /> consonants, as : blest, exprest, past, backt, lookt, wisht,<br /> slipt, patcht, toucht.<br /> Class 2. Silent final e : in words ending in -íde, -íle,<br /> -íne, -īte, mme, -tte, and -gue, omit the e and preceding<br /> silent letters, when the change will not suggest another<br /> quality for a preceding letter, as : chlorid, fertil,<br /> glycerin, definit, definitly, gram, program, quartet, catalog,<br /> dialog.<br /> Class 3. Special cases: (a) Miscellaneous words: spell<br /> according to the simpler forms given in the columns of<br /> “Webster&#039;s International,” “The Century,” “A Stan-<br /> dard,” or other good dictionary, as: ax, theater, mold,<br /> rime, maneuver, hemorrhage, esophagus; (b) Chemical<br /> terms: as recommended by the American Association for<br /> the Advancement of Science, and “A Standard Dic-<br /> tionary,” and as largely used in the text of “The Century<br /> Dictionary,” as : bromin, bromid, sulfur ; (c) Names of<br /> places and peoples: as recommended by the Royal Geo-<br /> graphical Society, or the United States Board of Geographic<br /> Names, and given in “The Century Cyclopedia of Names’<br /> and “A Standard Dictionary,” as: Bering, Korea, Fiji.<br /> X. Y. Z.<br /> *- - -º<br /> * w -<br /> NOTES FROM PARIS.<br /> TV.HE election of an Academician to fill the<br /> fauteuil vacated by the death of Alexandre<br /> Dumas will take place at the French<br /> Academy in May, when Pasteur&#039;s fauteuil will<br /> also be filled. At the next elections, which will be<br /> held directly after the reception of M. Jules Le-<br /> maître, the fauteuils of MM. de Lesseps and<br /> Camille Doucet will be balloted for. For the de<br /> Lesseps fauteuil there are now five candidates<br /> (not including Zola, the perpetual candidate).<br /> These are Francis Charmes, Desjardins, Barboux,<br /> Jean Aicard, and Anatole France. The fauteuil<br /> will go to one of the two last named. My opinion<br /> is that Anatole France will be elected. Camille<br /> Doucet&#039;s fauteuil will be filled either by Emile<br /> Deschanel or the Marquis Costa de Beauregard,<br /> One is inclined to think that the latter will be the<br /> successful candidate, as the Dukes (le parti des<br /> Ducs) will probably give the preference and their<br /> votes to the grand seigneur. The Marquis has<br /> also substantial claims as a man of letters, his<br /> “Un Homme d’Autrefois” having been “crowned.”<br /> by the French Academy. Deschanel, however,<br /> has a large following, and it is possible that the<br /> election will have to be postponed for want of an<br /> absolute majority. The most interesting election<br /> will be the one to fill the fauteuil Dumas, the<br /> candidates being Henri Becque, Jean Richepin,<br /> and, of course, Emile Zola. I should back Henri<br /> Becque, for his “Les Blasphèmes’ are against<br /> Richepin, and Zola has not, I think, any chance, in<br /> spite of the campaign in his favour in the<br /> <br /> <br /> ## p. (#541) ################################################<br /> <br /> THE AUTHOR.<br /> 187<br /> principal papers. I see that Daudet is mentioned<br /> as a candidate also. He has told me that he is<br /> no candidate, and that he never will be one, and I<br /> believe him.<br /> Whenever I am asked, as I often am, in Paris<br /> about les jeunes in English literature, I invari-<br /> ably tell my questioner that the author who,<br /> in my opinion, is most worthy of attention<br /> amongst the newer men is Morley Roberts.<br /> Roberts, I explain, has not so far attained the<br /> great popular success which should certainly be<br /> his, in consideration of his wide—almost universal<br /> —knowledge of the world and life, of men and<br /> places, his fine unique style, and a profundity of<br /> human sympathy which puts him on a level with<br /> men who on this score alone are eminently suc-<br /> cessful in the commercial sense of the word. I<br /> have recommended his “Question of Instinct” to<br /> the translators. It is a book which would be<br /> better understood—and therefore more appre-<br /> ciated—in Paris than in London, and I shall be<br /> curious to watch its reception. There are also<br /> many of his short stories which would be very<br /> popular in France. I do not think his “Western<br /> Avernus&quot; would meet with much sympathy in<br /> Paris. “Qu&#039;allait-il faire dans cette galère.”<br /> would be the general remark. The French do not<br /> travel, and do not believe in travelling stories.<br /> “A beau mentir,” &amp;c. They do not sympathise<br /> with travellers&#039; woes. “Let us have no meander-<br /> ing,” they say with the old lady in “David Copper-<br /> field.”<br /> I hear on very good authority that since the<br /> death of Victor Hugo the receipts from his works<br /> have totalled up to close upon seven and a half<br /> millions of francs (£30,000). I agree with the<br /> editor of La Plume that under these circum-<br /> stances it is rather strange that the £2OOO<br /> necessary to complete the sum required for his<br /> statue are not forthcoming.<br /> required, only £6000 have been collected during<br /> the ten years which have elapsed since his<br /> death.<br /> At a recent sitting of the Académie de<br /> Médecine, two doctors, MM. Cazal and Catrin,<br /> declared very emphatically that the risk of con-<br /> tagion by the use of books which have been in<br /> the hands of persons suffering from infectious<br /> diseases is a very great one, and they described a<br /> number of experiments by which they had estab-<br /> lished the truth of this statement. One is glad<br /> to hear that the risk is greatly enhanced in the<br /> case of those objectionable persons who moisten<br /> their fingers in order to turn over the leaves.<br /> They recommend that any book which may be<br /> suspected should be baked for disinfection in an<br /> oven. The best advice, Ithink, to give under these<br /> circumstances is never to borrow books, but for<br /> Of the £8000<br /> each man and woman to buy his or her own<br /> copy. Authors can only benefit by MM. Cazal<br /> and Catrin&#039;s communiqué to the Academy of<br /> Medicine.<br /> I heard a French man of letters express the<br /> opinion that much of the Anglophobia which has<br /> recently manifested itself in America may be the<br /> effect of the mass of Napoleonic literature, almost<br /> entirely of a pronounced Anglophobic nature,<br /> which has recently been circulated in the States.<br /> I should not be surprised to find that this opinion<br /> could be largely corroborated.<br /> The Figaro has resumed its weekly column of<br /> literary gossip, which is now published in the<br /> Wednesday issue. It is, however, no longer<br /> edited by M. Jules Huret, who has taken over the<br /> daily column of theatrical gossip, known as<br /> “Courrier des Théâtres.”<br /> The famous Journal des Débats no longer<br /> appears as a morning paper, the recently founded<br /> evening edition alone appearing. It is to be<br /> hoped that it may fill a real want in Paris—that<br /> of a good evening paper containing news. Such<br /> a paper does not exist in Paris at present. My<br /> opinion is that in the future it will be the evening<br /> paper which will have the largest chance of great<br /> success. In Paris most people get up late—at an<br /> hour when the morning papers are already out<br /> of date. The Débats continues to be the One<br /> paper to which one looks for sound and useful<br /> literary criticism.<br /> M. Jean Aicard’s translation of “Othello” has<br /> been received a l&#039;unanimité by the Comité de<br /> Lecture of the Comédie Française, and the play<br /> will be eventually staged there. It has never been<br /> performed in its entirety, though portions of it<br /> have been played, with Mounet-Sully as Othello<br /> and Sarah Bernhardt as Desdemona.<br /> Sarah Bernhardt is making good progress with<br /> her Memoirs. She is said to be receiving the<br /> most brilliant offers from syndicates for their<br /> publication in serial form.<br /> Emile Zola&#039;s libretto for M. Bruneau&#039;s new<br /> opera “Messidor” is not, as has been stated, based<br /> on the author&#039;s novel “La Terre,” but is an<br /> entirely original work. M. Bruneau hopes to<br /> finish his music in time for the production of the<br /> opera, next autumn.<br /> M. Jean Ajalbert has discovered a new poet, a<br /> new Mistral—the Mistral of Auvergne. This is<br /> interesting, as Auvergne of all countries is the<br /> least likely nurse of any poetic child. The new<br /> Mistral, whose personality and work are attract-<br /> ing great attention in literary Paris at present, is<br /> a wine-seller, Arsène Vermenouze by name, who<br /> lives at Aurillac. His volume of poems, written<br /> in the ugly Auvergnat patois, which is familiar<br /> to Parisians as the language of the coal-men and<br /> <br /> <br /> ## p. (#542) ################################################<br /> <br /> I 88<br /> THE AUTHOR,<br /> hawkers of roasted chestnuts in the capital, is<br /> called “Flour de Brousso’ (Gallicé, “Fleur de<br /> Bruyère”). Says Jean Ajalbert: “Lamartine wrote<br /> of Mistral that he had made of Provence a book.<br /> Toutes proportions gardées, Vermenouze has<br /> made of Auvergne a book also.” The question<br /> is, Was Auvergne worth making into a book P. It<br /> is a terribly ugly, uninteresting country. Apropos<br /> of the publication of a very interesting “History<br /> of the French Novel during the 19th Century &quot;<br /> (“Le Roman en France pendant le XIX&#039; Siècle,”<br /> par Eug. Gilbert) by Plon, it is to be noted<br /> that, with the exception of a few writers like<br /> Zola and Daudet, literary men in France are<br /> generally expressing the opinion that as a<br /> vehicle of thought the novel is quite “played<br /> out ’” — archiusé is the expression generally<br /> used. Quite so; and high time it is (pace<br /> Zola) that the novel with a purpose should<br /> be played out. Mr. Gilbert&#039;s book, by the<br /> way, merits attention by students of French<br /> literature. I should like to see it translated into<br /> French.<br /> I receive quite a number of letters with refer-<br /> ence to my remarks on the blackleg genus. I<br /> am glad to find that in more senses than one these<br /> remarks seemed to have touched the spot. I<br /> do not want, however, to say anything more on<br /> the subject. A country has only the literary<br /> blacklegs which it deserves, and, if English<br /> people like to tolerate these farceurs, tant pis<br /> pour eua.<br /> It is always interesting to hear what an author<br /> considers the best scene in his book, and accord-<br /> ingly I was interested to hear from Nordau that<br /> in his opinion the best touch in his “Comedy of<br /> Sentiment” was where the hero finds out that<br /> Paula, who has come to Dresden “to be sepa-<br /> rated from him again only by death,” as she<br /> says, had supplied herself with a return ticket,<br /> for use in case her blandishments proved<br /> unavailing. By the way, speaking of return<br /> tickets, I never take one without a shiver as<br /> I remember how Mme. Fenayron, conducting<br /> Aubert to the house at Pecq, took for herself<br /> a return ticket, but for the intended victim a<br /> single only. He was not to return, nor did<br /> he. This horrible detail was proved at the trial,<br /> and went far to establish the premeditation of<br /> the crime.<br /> R. H. SHERARD.<br /> - - -<br /> Fºx&#039;s rºse—<br /> NOTES AND NEWS,<br /> R. HALL CAINE has returned. It is<br /> premature to congratulate ourselves upon<br /> the success of his mission until the<br /> question has been brought before the Canadian<br /> Parliament and decided. But it is not premature<br /> to congratulate ourselves upon the masterly ability<br /> displayed by Mr. Hall Caine in the whole conduct<br /> of his negotiations. Any blunder might have<br /> been followed by consequences the most disastrous<br /> to literature. The Canadian susceptibilities have<br /> been respected: their claims have not been dis-<br /> puted: a way has been found: and the goodwill<br /> of Canada has been apparently secured. These<br /> are the services of Mr. Hall Caine. Let us hope<br /> that the welcome with which he is to be received<br /> will be worthy of the occasion.<br /> I wrote the above from the communications and<br /> letters which have appeared in the papers during<br /> the last three months. Since this paragraph was<br /> set up in type, I have had no opportunity of<br /> hearing from Mr. Hall Caine&#039;s own lips an<br /> account of the whole mission. It is a story<br /> which must be told by himself at his own time<br /> and in his own way. Meantime it may be per-<br /> mitted to say in this place that the words used<br /> above are not strong enough to express my own<br /> sense of his work. The difficulties which existed<br /> have not been understood here; the conflicting<br /> interests have not been studied. Not only the<br /> goodwill of the Canadians has been secured, but<br /> that of the Americans. Especially admirable<br /> has been the manner in which Mr. Hall Caine<br /> was received by the Canadians. Last, but not<br /> least, Mr. Chamberlain has addressed a letter to<br /> Mr. Caine, recognising amply the value of his<br /> services and the skill of his diplomacy.<br /> It is proposed that Mr. Hall Caine will address<br /> a general meeting of this Society some time this<br /> month. He remains in town for some weeks on<br /> business connected with his mission.<br /> It ought I think to be generally known that<br /> Mr. Hall Caine has most generously given to the<br /> Society three months and more of very hard and<br /> trying work; he has also given to the Society the<br /> whole of the expenses incurred in this long<br /> journey. With these munificent gifts in our<br /> mind we shall not be so ready to accuse men of<br /> letters as selfishly pursuing their own interests<br /> alone. Two objects were in view : the first was<br /> to save the American Copyright Act of 1891;<br /> the second was to show the world that men and<br /> <br /> <br /> ## p. (#543) ################################################<br /> <br /> THE AUTHOR. 189<br /> women of letters have seriously united for the<br /> defence of their own affairs, and are competent to<br /> defend them. From my own point of view I do<br /> not know which is the more important of these<br /> two objects.<br /> It is now two or three months since I cut a<br /> paragraph out of a certain newspaper for com-<br /> ment in these pages. I put it aside, however, so<br /> that my remarks might not be taken either as an<br /> attack upon any publisher, or as an attack upon<br /> any author. Now that the subject has been<br /> partly forgotten, one may speak. Let us put the<br /> case in general terms. The paragraph made the<br /> following assertions:<br /> (I.) That should a successful author offer the<br /> administration of his property on the terms of a<br /> royalty of 2s. On a six-shilling book, it would be<br /> necessary for the publisher to sell 30,000 copies<br /> before getting any profit at all for himself.<br /> Now, the cost of such a book, including adver-<br /> tisements, does not, under ordinary circum-<br /> stances, amount to more than Is. The average<br /> price paid by the trade may be taken as 3s. 6d.-<br /> though it is really more. The profit to the pub-<br /> lisher therefore would be 6d. a volume; or, on<br /> 3O,OOO copies, the profit would amount to £750.<br /> Does anybody in his senses believe that it would<br /> cost £750 to distribute, by the ordinary machinery,<br /> 3O,OOO volumes and to collect the accounts P But<br /> just observe what a very simple little sum in<br /> arithmetic it requires to knock over this loose and<br /> misleading assertion.<br /> (2.) The paragraph says, further, that at all<br /> events the novelist in question “has not much<br /> to complain of in regard to the remuneration of<br /> novelists.” How much longer will it take to<br /> make people understand that literary property<br /> belongs to the creator, not to the middleman?<br /> A successful writer creates a property; it is his<br /> own property; he may sell it or do what he likes<br /> with it ; but it is his own property. In the case<br /> before us the writer says, “If you like to ad-<br /> minister my property for me on the terms of<br /> paying me 2s. for every volume you sell, you shall<br /> have it. If not, somebody else shall have it.<br /> But understand that it is my property. When<br /> I take that royalty I am taking my own property;<br /> I am not remunerated. I am receiving my rents,<br /> of which you are the steward.”<br /> Some day, I suppose, we shall get these<br /> simple and elementary facts recognised and acted<br /> upon.<br /> I am informed, by one who knows of one case<br /> at least, that an attempt is still being made to<br /> induce an author to sign contracts to publish with<br /> one firm only for a term of years. It is difficult to<br /> believe that anyone can be so incredibly foolish.<br /> What? In the face of all the dangers and the<br /> tricks exposed—of secret profits, of charges for<br /> advertisements got for nothing, of one-sided<br /> agreements, of broken agreements—a miserable<br /> author is to bind himself to the man who has the<br /> power to commit these acts P He is to give that<br /> man a free hand to do what he likes with his<br /> victim for a term of years. Was anything ever<br /> proposed more monstrous P Consider a parallel<br /> case: does the medical man dare to bind his<br /> patient to remain with him, whether he treats<br /> him skilfully or not ? Does the solicitor P Does<br /> any professional man P Nay—does any employer<br /> of labour make his hands bind themselves for a<br /> term of years ? But it is difficult to believe that<br /> any author can be so incredibly foolish after all<br /> the light that we have poured upon the methods<br /> of publishing. Perhaps, however, one way might<br /> be found out of such a contract.<br /> A second paper on the Literary Hack and his<br /> work has appeared in the Forum. It is extremely<br /> interesting, but I fail to see where the Literary<br /> Hack comes in. Does he exist in this country P<br /> If so, I do not know him. A Literary Hack—as I<br /> understand it—is a person who executes literary<br /> jobs of any kind without regard to his own<br /> convictions, if he has any ; or to his own<br /> fitness; or to his own special knowledge. He is<br /> a man who, being a Conservative, writes leaders<br /> for a Radical paper; or, being a Radical, writes<br /> leaders for a Conservative paper. He is a man<br /> who makes and compiles books to order on any<br /> subject, being equally ready to produce a<br /> dictionary of the English language, or an account<br /> of Polynesia. The bookmaker to order at so<br /> much the job is very nearly extinct. One hears<br /> of him from time to time, but he has grown<br /> very scarce. The old-fashioned hack, who wrote up<br /> a party to order, simply no longer exists. He is<br /> as dead as a door nail. The Conservatives can find<br /> plenty of Conservative papers; the Liberals can<br /> find plenty of Liberal papers; while there are<br /> hundreds of men who write for the newspapers<br /> on topics not connected with politics, so that they<br /> need not concern, themselves as to the opinions of<br /> the journals for which they write.<br /> A cutting from the British and Colonial<br /> Printer has been sent me. It contains an appeal<br /> based on practical figures for a shilling edition of<br /> a popular book. The writer argues that a<br /> shilling, not a sixpenny, edition is wanted at the<br /> present time. For sixpence we cannot get such a<br /> book as we should like to put upon our shelves;<br /> but a book can now be produced by the new pro-<br /> <br /> <br /> ## p. (#544) ################################################<br /> <br /> 190<br /> THE AUTHOR.<br /> cesses, well printed and well bound, at so small a<br /> price as to render a shilling quite a practicable<br /> price to put upon a volume. The writer supposes<br /> a book of 240 pages printed upon a “think-<br /> handling twopenny” paper. The cost would be,<br /> he says, as follows:<br /> Ioo,000 Edition. £<br /> Linotype composition at 2% per IOOO—say– 20<br /> Paper Ilb. per copy at 2d. . . . . . . . . . . . . . . . . . . . . . . . . 850<br /> Machining and folding... . . . . . . . . . . . . . . . . . . . . . . . . . . . 75<br /> Pulp corrugated cases ...... . . . . . . . . . . . . . . . . . . . . . . . . I IO<br /> Making up and casing ... . . . . . . . . . . . . . . . . . . . . 22O<br /> Incidentals...’................... 50<br /> 31325<br /> Which comes to less than 3}d. a copy. In<br /> other words, if the retail price of the book be 8d.<br /> and the booksellers allow no discount, the value<br /> of the author&#039;s estate as represented in this book<br /> may be taken at 4:#d. a copy, out of which he will<br /> have to remunerate his publisher, if he have one.<br /> Or, to look at it another way, he must sell 40,000<br /> copies before he clears his expenses. The remain-<br /> ing 60,000 would be clear profit.<br /> But how to get at the people who are to<br /> buy books in this wholesale manner? How to<br /> persuade them, if they can be persuaded, to take<br /> a hundred thousand P. The present machinery<br /> is, as everybody can understand, antiquated<br /> and unequal to the task. The booksellers’ shops<br /> must add to their machinery the house-to-house<br /> retail vendor. This, in fact, is the only way of<br /> bringing books within the reach of the people.<br /> Shops cannot do it; advertisements cannot<br /> do it; the last thing in the paper read by the<br /> common people is the column of book adver-<br /> tisements; books must be brought to the very<br /> door. That this method will be adopted by the<br /> trade before very long it is not difficult to<br /> prophecy. The book-selling of the future will<br /> be largely carried on by the house-to-house<br /> vendor. One only hopes that those who take up<br /> this method will provide really good literature,<br /> such as our public libraries are now teaching the<br /> people to demand.<br /> The following magnificent offer was recently<br /> made by a firm of publishers of no small note.<br /> It illustrates the necessity of knowing above all<br /> things the cost of production.<br /> They offered to bring out the book at 3s. 6d.<br /> The first 500 copies were to go to the publisher.<br /> The author would then receive 5 per cent. royalty.&quot;<br /> After the first IOOO copies the author was to<br /> receive Io per cent. ; after that I 2% per cent.<br /> How does this work out P<br /> The first edition would be probably of 2000 at<br /> a cost of (say) 3IOO.<br /> of the Forties and the Fifties.<br /> Results of first edition of 2000 copies:—<br /> Sale of 2000 at Say 2s. ............... £2OO<br /> Cost IOO<br /> Profit ............ 3 Ioo<br /> Of which the author receives... 322 7s. 6d.<br /> And the publisher . . . . . . . . . . . 377 12s. 6d.<br /> If another edition of 2000 goes off the whole<br /> profit will be about £130, of which the publisher<br /> will take £86 5s. and the author £43 158.<br /> Did the publisher explain what proportion of<br /> profit he proposed to take P If so, he was within<br /> his rights. If he relied on the ignorance of the<br /> author, he was within his wrongs.<br /> The risk actually incurred was the difference<br /> between the first six months’ subscription and<br /> the cost of production, which would have to be<br /> paid six months after publication. In order to<br /> meet this bill there must be sold about a thousand<br /> copies. How great was that risk P Probably<br /> not much, since the book had been so well re-<br /> ported on by the reader as to be taken without<br /> hesitation.<br /> The death of George Augustus Sala has called<br /> forth a notice in every newspaper in this and<br /> perhaps in all other English-speaking countries.<br /> He had come to be regarded as the representative<br /> journalist. Certainly there was no one like him<br /> as a correspondent, or as a writer of those social<br /> articles in which he showed so marvellous a grasp<br /> of facts and such an endless command of anecdote.<br /> He was a member of the Society from the begin-<br /> ning, one of the honorary members who were<br /> elected at the outset as vice-presidents. He took<br /> no active part in our proceedings, but was present<br /> at one or two of our dinners. He delighted in<br /> the gathering together of men and women<br /> engaged in the literary life, but I think he never<br /> understood the serious side of the Society. He<br /> belonged to the old Bohemian school, with whom<br /> a publisher was regarded as the natural enemy,<br /> who would certainly screw the most work out of<br /> an author for the least pay, and whom it was<br /> laudable to scathe with epigrams. That there<br /> was any practical way of having one&#039;s property<br /> administered with equity, or that a writer&#039;s work<br /> was his property, never occurred to the Bohemian<br /> The school of<br /> which Sala was the last surviving representative<br /> has been well described by Vizetelly in his Recollec-<br /> tions. -<br /> The literary contest invented by the New<br /> Pork Herald has been decided. Prizes were<br /> offered for the best novels, the best “novelette,”<br /> the best short story, and the best epic poem.<br /> <br /> <br /> ## p. (#545) ################################################<br /> <br /> THE<br /> I9 I<br /> A UTH () I.<br /> There were sent in eleven hundred novels,<br /> a thousand novelettes, between two and three<br /> thousand short stories, and nearly a thou-<br /> sand poems—all epic P Imagine a thousand<br /> new epic poems all sprung upon a bewildered<br /> world at the same moment—a thousand Miltons,<br /> inglorious as yet, but not mute It is pleasing<br /> to note that the prizes, with one exception, were<br /> carried off by professional writers. The first<br /> prize for novels of £2000 fell to Julian Haw-<br /> thorn : the second, of £400, to the Rev. W. C.<br /> Blakeman, before this event unknown : the third,<br /> of £200, to Edith Carpenter, said to be known in<br /> America. For the novelette the only prize of<br /> £600 was awarded to Miss Molly Seawell, already<br /> well known : for the short story, the only prize of<br /> £4OO was given to Mr. Edgar Fawcett, also well<br /> known. The epic, or “Abraham Lincoln,” fell to<br /> an unknown pseudonym. WALTER BEs ANT.<br /> a-sº<br /> - * *-<br /> THE AUTHORS&#039; JOURNAL,<br /> HE December number of the New York<br /> Authors’ Journal lies before me. The<br /> number contains two or three papers of<br /> advice to literary candidates—advice for the<br /> most part of the obvious kind—but then there<br /> are plenty of people who always want directions<br /> of the most obvious kind, so that it is not pro-<br /> bably advice thrown away. There is a full<br /> account of the literary competition invited and<br /> carried out by the New York Herald. A meet-<br /> ing of the Authors’ Guild is reported. They<br /> elected twenty-three members; they received a<br /> letter setting forth a “case” against certain<br /> publishers; and they ended the meeting with<br /> recitations and speeches. There is a paper on<br /> “Public, Taste in Literature,” and another by<br /> Mr. Hall Caine, probably the paper referred to in<br /> our New York Letter, on the “Moral Responsi-<br /> bility of Novelists.” There is a paper on the<br /> “Editor&#039;s Point of View”—very good; there is<br /> the complaint of the contributor that the editor<br /> will not explain why a paper is rejected. The<br /> Contributor never can understand that an editor<br /> simply has not the time to become a critic; he can<br /> only Say Yes or No. We have the same com-<br /> plaints here. There is an article on writing<br /> advertisements which in America has become one<br /> of the fine arts. There are notes and replies,<br /> and paragraphs and poetry. Altogether it is a<br /> pleasant and agreeable journal, useful to its<br /> readers. We might with advantage borrow some<br /> of its features.<br /> Its advertisement columns present one feature,<br /> at least, which is absent from ours. It is this:<br /> while it is everywhere and well known and<br /> notorious that the American editor is more pelted<br /> with MSS. than even the London editor, it seems<br /> to pay the American writer to advertise himself<br /> and to offer his work for sale. Here, it is true,<br /> we see occasionally an advertisement offering a<br /> novel for sale, but no one ever heard that any<br /> response was received. For instance, here are<br /> two or three advertisements cut out of two<br /> columns :<br /> EGIN 1896 with bright, confidential “Ed. Copy.” It<br /> pays. Politics to suit. Booklet and “points&#039; sent<br /> editors and publishers only. G. T. HAMMOND, Newport,<br /> R. I.<br /> WRITE one act Curtain Raisers, between two thousand<br /> and three thousand words. Also short stories for<br /> children. Glad to receive orders. AMY D’ARCY WET-<br /> MORE, 859, Park Ave., Baltimore, Md.<br /> WRITE verse, humorous and sentimental. Would do<br /> Valentines or adv’g verse. Nothing makes so effective<br /> an ad. Also write short stories, sketches, &amp;c. Would<br /> conduct a column of book and magazine reviews. Editors<br /> send me copies of papers containing your prize competition<br /> offers. BYRON HOWARD, Esperance, N. Y.<br /> TORIES for Little Boys and Girls. I write good stories<br /> for children. MSS. submitted on application. A. D. B.,<br /> Box 25, care AUTHORS’ Journ AL.<br /> These are practical and to the point. Yet one<br /> would rather not advertise one&#039;s own work or one’s<br /> own literary powers in a newspaper. The third<br /> advertisement, that of Mr. Byron Howard, makes<br /> one long to see more of his work, his sentimental<br /> verse, for example.<br /> sº- * *<br /> LITERATURE IN THE PERIODICALS,<br /> FREEDOM IN SPELLING. Leading article in Times for<br /> Dec. 17.<br /> MATTHEw ARNOLD. Right Hon. John Morley. Nine-<br /> teenth Centwry for December.<br /> THE SOCIETY OF AUTHORS.<br /> teenth Centwry for December.<br /> THE LITERARY AGENT. Sir Walter Besant. Nineteenth,<br /> Centwry for December.<br /> Sir W. M. Conway. Nine-<br /> TJNTO THIS LAST. Frederic Harrison. Nineteenth<br /> Centwry for December. *<br /> GUSTAVE FLAUBERT. Ernest Newman. Fortnightly<br /> Review for December.<br /> LIVING CRITICS. III. : MR. LESLIE STEPHEN. J. Ash-<br /> croft Noble. Bookman for December.<br /> OLD EDINBURGH AND THE “EVERGREEN.” W. Brant-<br /> ford. Bookman for December.<br /> MR. WILLIAM MORRIS.<br /> December.<br /> PUBLISHERS AND THE ASSOCIATED BOOKSELLERS.<br /> Bookseller for December.<br /> MR. HALL CAINE. Interview on return from America.<br /> Daily Chronicle for Dec. 12.<br /> CoPYRIGHT IN CANADA AND MR. GOLDw IN SMITH.<br /> Letter by Sir Charles Tupper. Satwrday Review for Dec. 7.<br /> Interview. Bookselling for<br /> <br /> <br /> ## p. (#546) ################################################<br /> <br /> I 92<br /> THE AUTII O/º.<br /> CoPYRIGHT AND THE IMPERIAL Constitution. Letter<br /> by Mr. Goldwin Smith. Times for Dec. 13.<br /> CANADA AND THE CoPYRIGHT. Draft of Bill. Letter<br /> by Mr. Hall Caine in Times for Dec. 7.<br /> THE CARLYLE CENTENARY. Frederic Harrison. Daily<br /> Chronicle for Dec. 7.<br /> A REMINISCENCE OF CARLYLE. (Interview in 1873).<br /> J. C. C. Saturday Review for Nov. 30. -<br /> HILL TOPPERY. Speaker for Nov. 30.<br /> p.&quot;: LATEST SCOTCH For AY. New York Nation for<br /> ec. 5.<br /> PRESENT-DAY SCOTTISH NovKLISTs.<br /> Weekly Swn for Dec. I.<br /> William Wallace.<br /> NOTABLE REVIEWs.<br /> Of “Matthew Arnold’s Letters.”<br /> Saturday Review for Dec. 7.<br /> Of Björnson&#039;s New Play, “Over AEvne.” Daily Chronicle<br /> for Dec. I I. -<br /> Professor Dowden.<br /> #: #: §: 3%<br /> Replies to Mr. Laurie&#039;s paper of the previous<br /> month are made separately in the December<br /> Nineteenth Century by Sir W. M. Conway and<br /> Sir Walter Besant. The Society of Authors<br /> exists and prospers because it supplies a demand<br /> and does work that needs to be done, says Sir<br /> Wm. Conway. The charge of its destroying the<br /> old friendship between authors and publishers he<br /> denies, because once the publication of a book is<br /> agreed upon author and publisher become part-<br /> ners. “The Society has merely enabled the<br /> author to negotiate this partnership with a full<br /> knowledge of what it is that is bargained for.”<br /> As to newly successful authors binding them-<br /> selves ahead to over production, they bind them-<br /> selves not with the Society, not with agents, but<br /> with publishers. The question of prices paid by<br /> publishers is one of ordinary bargain and economy.<br /> The other reply defends the literary agent.<br /> The Society, he says, found the facts and figures<br /> of publishing, but literary men have not the time<br /> and in few cases the business faculty for treating<br /> personally with publishers. Therefore the agent,<br /> with special knowledge, acts for them; and the<br /> ill-advised publisher who dares to protest against<br /> meeting him stands self-condemned, because his<br /> only reason must be the desire to overreach the<br /> author when the agent is not present to defend<br /> him. Further, the agent is required for looking<br /> after publication rights in the various countries,<br /> translation rights, and the rights of dramatisa-<br /> tion.<br /> Some interesting correspondence has been<br /> appearing in the Times on the subject of Spelling.<br /> Professor Earle and Dr. Abbott argue for greater<br /> freedom in the matter. Mr. Horace Hart, printer<br /> to the University of Oxford, and Mr. Randall, of<br /> the Association of Correctors of the Press, plead<br /> for uniformity, the former remarking upon the<br /> innumerable applications from printers at home<br /> and abroad for his set of rules recently drawn up<br /> for the spelling of doubtful words. “Language<br /> is a product of life,” writes Professor Earle,<br /> “and if not exactly a living thing it certainly<br /> shares the incidents of life. Of these incidents<br /> none is more pervading than abhorrence of<br /> fixity.” In its articles on the letters the Times<br /> says most people will be convinced of the reason-<br /> ableness of what may be called constitutional<br /> freedom in spelling, while in a private letter<br /> latitude is permissible without inconvenience.<br /> An author must be consistent in spelling if his<br /> pages are not to be unsightly and perplexing.<br /> The article thus concludes:—<br /> Woltaire, who derided the orthography of the French<br /> books of his time as ridiculous—adding that English<br /> orthography was still more absurd—described the ideal<br /> system when he said: “Writing is the painting of the<br /> voice ; the closer the resemblance the better the picture.”<br /> Unfortunately the perfect likeness is not attainable; and it<br /> is found more convenient to agree upon a conventional<br /> representation than to circulate a multitude of bad copies<br /> unlike each other.<br /> The Bookseller agrees that there can be no<br /> two opinions about the desirability of forming a<br /> Publishers’ Association, but is not satisfied with<br /> the non possumus attitude taken up at the<br /> publishers’ meeting towards the booksellers.<br /> Our contemporary thinks the “paramount neces-<br /> sity in these matters of a combined and consistent<br /> policy, such as exists in Germany, was not<br /> sufficiently recognised.”<br /> The Nation article deals with the “sudden and<br /> great popularity&quot; of the Scotch story writers,<br /> finding the explanation merely in the love of<br /> constant change in the novel-consuming public.<br /> “We observe,” it says, “that the canniest of<br /> them are themselves persuaded that their day of<br /> grace may soon be written away, and are thriftily<br /> gathering together every available bit of plunder<br /> before being compelled to retire to their fast-<br /> nesses beyond the border.” Mr. Wallace&#039;s<br /> article, comparing Scotch novelists of the day,<br /> places Mrs. Oliphant first, though he would<br /> have done so more outright had she written<br /> but a fifth of what she has written and made<br /> that fifth perfect. Even as things are, he gives<br /> “Firsteen&quot; first place among recent Scottish<br /> novels. -<br /> A statement made by the way in Mr. Morley&#039;s<br /> paper is worth noting in these days of biographies<br /> of everybody. “There are probably not six<br /> Englishmen over fifty now living,” he said,<br /> “whose lives need to be written, or should be<br /> written.” This relative to the prohibition of a<br /> biography by Arnold, who was not, says Mr.<br /> Morley, a great correspondent beyond his own<br /> family. He was one of the most occupied men<br /> of his time. “He was not the least of an egotist,<br /> in the common, ugly, and odious sense of that<br /> <br /> <br /> ## p. (#547) ################################################<br /> <br /> THE<br /> I 93<br /> A UTHOI8.<br /> terrible word”; unselfish, he had not a spark of<br /> envy or jealousy, and he took the deepest and<br /> most active interest in the well-being of his<br /> country and countrymen.<br /> In a comprehensive paper on Flaubert, Mr.<br /> Ernest Newman says that with the knowledge of<br /> the nervous malady from which he suffered we<br /> have the key to his life and art. His philosophy<br /> was not pessimism or cynicism ; he keeps his<br /> characters and their motives in the ideal atmo-<br /> sphere of art, and never allows that personal note<br /> of contempt and bitterness to be heard that<br /> sounds so frequently in the work of Maupassant.<br /> As to his method:—<br /> Where a novelist keeps himself so sedulously in the back-<br /> ground as Flaubert does, it requires all the more assiduity<br /> on the part of the reader to combine the multiform portions<br /> of the picture. An imartistic novelist like George Eliot,<br /> who is continually obtruding herself among her characters,<br /> may annoy us by the obvious clumsiness of her method, but<br /> she at least saves every man the trouble of being his own<br /> artist.<br /> *-<br /> - * ~<br /> BOOK TALK.<br /> HE name of Mr. F. Marion Crawford’s latest<br /> novelty is “Taquisira.” It will appear<br /> serially in the Queen, beginning this<br /> month.<br /> The Hon. Frederick Moncrieff has written a<br /> Scottish romance of the time of James VI.,<br /> entitled “The X Jewel,” which Messrs. Black-<br /> wood and Sons will issue immediately.<br /> Mr. G. W. Appleton, author of “The Co-<br /> respondent,” has written another novel entitled<br /> “A Philanthropist at Bay,” which Messrs. Downey<br /> and Co. will publish.<br /> Miss Beatrice Harraden has gone back to<br /> California, and in the course of the year she<br /> will write a series of short stories of Califor-<br /> nian life. A novel from her on English topics<br /> will, however, appear earlier—probably in the<br /> Spring.<br /> Mr. A. H. Norway has written a “History of<br /> the Post-Office Packet Service, 1793-1815,” which<br /> Messrs. Macmillan will issue in a few days—a<br /> somewhat romantic subject, and one not much<br /> remembered about in these days. The post-office<br /> kept a fleet of fifty to sixty armed ships for a<br /> century and a half, the principal station being at<br /> Falmouth, where, from 1688 to 1823 there were<br /> packets solely under post-office control. Much<br /> stiff fighting was done by them too—in the<br /> three years 1812-15 no fewer than thirty-two<br /> actions with American privateers were engaged<br /> in by the Falmouth packets. Mr. Norway has<br /> had access to official records in preparing the<br /> work.<br /> A volume of reminiscences by Mr. Charles<br /> Bertram, prestidigitateur, will be published at an<br /> early date by Messrs. Swan Sonnenschein and<br /> Co., with illustrations by Mr. Phil May, Mr.<br /> Cour rold, and others. The title will be “Isn’t<br /> it Wonderful ? A History of Magic and<br /> Mystery.”<br /> Mr. Robert W. Chambers has written another<br /> story of Paris life, this time selecting the period<br /> a quarter of a century ago, when the city was in<br /> the hands of the Communists. The title is “The<br /> Red Republic,” and Messrs. Putnam&#039;s Sons will<br /> issue the work very soon.<br /> Mr. Egerton Clairmonte, husband of “George<br /> Egerton,” is the author of a volume which<br /> Mr. Fisher Unwin is about to publish, entitled<br /> “The Africander: a Plain Story of South<br /> Africa.”<br /> Louis Stevenson’s work “Fables&#039; will be<br /> published on an early day by Messrs. Longmans,<br /> Green, and Co.<br /> A dictionary of the musical artists, authors,<br /> and composers of Great Britain and the Colonies<br /> is being prepared for issue to subscribers by Mr.<br /> J. D. Brown (Librarian, Clerkenwell Public<br /> Library) and Mr. Stephen S. Stratton, under<br /> the title “British Musical Biography.” Mr.<br /> Brown invites information as to any of the<br /> above professions likely to have escaped his<br /> notice, so that the work may be as complete as<br /> possible.<br /> The “Life and Letters of George John<br /> Romanes, M.A., LL.D.,” is in preparation by<br /> Mrs. Romanes for issue by Messrs. Longmans, ,<br /> but will not be ready for some time. There will<br /> be a portrait and other illustrations.<br /> Mr. T. L. Southgate read a paper before the<br /> Musical Association on the Ioth ult., on “The<br /> Treatment of Music by Novelists.” He gave<br /> instances from the works of many leading<br /> authors to show the ignorance they displayed of<br /> IllllS1C. -<br /> In a paragraph report of the lecture the Times<br /> said it lost much of the weight which might have<br /> been attached to it because nearly the whole of<br /> Mr. Southgate&#039;s examples were those in which<br /> ignorance played the chief part, while “there<br /> exist very many instances of equally great<br /> blunders perpetrated by professed musicians;”<br /> and, furthermore, “after all is said and and done,<br /> the errors of novelists in regard to music are<br /> perhaps not greater than those of musicians as a<br /> class with regard to other arts.”<br /> <br /> <br /> ## p. (#548) ################################################<br /> <br /> 194<br /> THE AUTHOR.<br /> Mr. Ernest A. Gardner, formerly Director of<br /> the British School of Archæology at Athens, is<br /> engaged on a two-volume “Handbook of Greek<br /> Sculpture,” in which he distinguishes the diffe-<br /> rent schools and periods, and selects typical<br /> examples to show the development of each. The<br /> first volume will appear this month, and the<br /> second some time later.<br /> Mr. Thomas March is writing a “History of<br /> the Paris Commune of 1871,” which Messrs.<br /> Swan Sonnenschein will issue this month, with<br /> two maps of the city at that period.<br /> Mr. Thomas MacKnight, an Irish editor, has<br /> prepared two volumes of reminiscences and ex-<br /> periences, which will be published under the title<br /> “Ulster As It Is,” by Messrs. Macmillan.<br /> Miss Kingsley, who made a daring and remark-<br /> able journey through West Africa, some months<br /> ago, has submitted her diaries to a London pub-<br /> lisher, and the work will probably be ready in the<br /> spring. It will be illustrated with the author&#039;s<br /> sketches and photographs.<br /> Mr. Standish O&#039;Grady has written an Irish<br /> romance of the reign of Elizabeth, which is to be<br /> issued by Messrs. Downey, probably under the<br /> title “Ulrick Ready.” He will present the last<br /> stand of the Irish chieftans from the Irish point<br /> of view, in contradistinction to Froude&#039;s “Chiefs<br /> of Dunboy” from the British.<br /> Mr. Stead is launching a series of “Penny<br /> Novelists” on the same lines as his “Penny<br /> Poets,” which has proved a very popular<br /> enterprise. The idea of the novel series is to<br /> counteract or abolish the “penny dreadful”<br /> type of boys’ literature. A better beginning<br /> could not be made than with Mr. Rider Haggard’s<br /> * She.”<br /> The Commonwealth is a new monthly maga-<br /> zine, at threepence, edited by Canon Scott<br /> Holland. Messrs. Innes and Co. have transferred<br /> the Minster magazine to the Artistic Publishing<br /> Company, who are going to introduce new<br /> features into it.<br /> An adaptation of Mr. Anthony Hope&#039;s<br /> “Prisoner of Zenda,” which has successfully<br /> appeared in New York, will be produced at the<br /> St. James&#039;s Theatre early this year. Another<br /> dramatised adaptation to be given in London<br /> soon will be by Mr. Joseph Hatton, of his recent<br /> novel “When Greek Meets Greek.”<br /> The members of the Savage Club, men of<br /> letters and artists, are contributing to a volume<br /> of “Savage Club Papers,” to be issued in the<br /> spring, under the editorship of Mr. J. E. Muddock.<br /> Messrs. Hutchinson and Co. are the publishers.<br /> A Burns Exhibition of MS., pictures, and<br /> other relics, and also portraits and pictures of<br /> the people and places who figure in his works,<br /> will be held in Glasgow in celebration of the<br /> centenary of the poet&#039;s death. Lord Rosebery is<br /> hon. president of the Exhibition, and Sir James<br /> Bell (Lord Provost) president, while the other<br /> office-bearers and patrons include many of the<br /> foremost literary people of the day.<br /> Mr. James Baker will lecture at the Imperial<br /> Institute, on Feb. 3, on “Egypt of to-day; Her<br /> People and their Country.” He was up the Nile<br /> as special correspondent last winter, and will<br /> illustrate his lecture with over sixty photographs,<br /> taken by himself, of the natives and their religious<br /> ceremonies, &amp;c. He takes the chair at the<br /> Author&#039;s Club, at the first dinner of the New<br /> Year, on Jan. 6.<br /> Mr. Horace Cox will publish early in January<br /> a new novel, in one volume, entitled “Hather-<br /> sage: A Tale of North Derbyshire,” by Charles<br /> Edmund Hall, author of “An Ancient Ances-<br /> tor,” &amp;c.<br /> Two new volumes of verse are announced for<br /> immediate publication by Mr. Elliot Stock, viz.,<br /> “Urania, and other Astronomical Poems,” by<br /> Samuel Jefferson,” and “Meetings and Partings,”<br /> by E. C. Ricketts.<br /> Mr. Gladstone is writing a series of articles for<br /> the North American Review on “The Future<br /> State and the Condition of Man In It,” the<br /> first appearing this month, also a series on<br /> Bishop Butler for Good Words, beginning in<br /> February.<br /> A Library Edition of Mr. George Meredith’s<br /> novels is being arranged for, its issue to begin,<br /> probably, in the summer.<br /> At a sale of rare books held by Messrs. Sotheby,<br /> Wilkinson, and Hodge, the “Album ” of Giacomo<br /> Lauri at Rome, 1608-29, continued and extended<br /> by Anne Le Febvre in 1687-88, and com-<br /> prising letters and signatures from many of<br /> the most eminent persons of the time, brought<br /> ten guineas; “Rime di Antichi Autori Toscani,”<br /> Venice, 1532, Lord Byron&#039;s copy, with his<br /> autography on the title and the date 1820,<br /> £6 Ios.; and a fine copy of the first edition of<br /> Chapman’s translation of Homer&#039;s Odyssey, 1614,<br /> 3II IOS. -<br /> Mr. W. M. Noble has investigated the material<br /> concerning how the county of Huntingdon pre-<br /> pared to meet the 1588 invasion, and a volume by<br /> him on the subject will shortly be published by<br /> Mr. Elliot Stock under the title “Huntingdon-<br /> shire and the Spanish Armada.”<br /> <br /> <br /> ## p. (#549) ################################################<br /> <br /> THE AUTHOR.<br /> I95<br /> The most important books of December were<br /> the first volume of “Literary Anecdotes of the<br /> Nineteenth Century,” edited by Dr. Robertson<br /> Nicoll and Mr. Thomas J. Wise (Hodder and<br /> Stoughton); Mr. John Davidson’s second series<br /> of “Fleet-street Eclogues &#039;&#039; (John Lane); Dean<br /> Stanley’s “Letters and Verses,” edited by Mr.<br /> R. E. Prothero (John Murray); and “Ironclads<br /> In Action,” by H. W. Wilson (Sampson<br /> Low).<br /> In one of his letters Dean Stanley gives this<br /> impression of Renan, whom he met at Paris<br /> with Turgeniev : “He showed a curious mix-<br /> ture of interest and want of interest ; had<br /> not been to Damascus because there were<br /> no monuments there ; was disappointed in<br /> Jerusalem, because there were so few monu-<br /> ments; had made every effort, with special<br /> recommendations, to enter the mosque, but found<br /> it totally impracticable unless by storming the<br /> town.”<br /> In the list of articles quoted in “Literature<br /> and the Periodicals” of last month’s Author,<br /> a valuable paper by Miss Alice M. Christie<br /> on Sir Philip Sidney’s “Defence of Poetry”<br /> was omitted. It appeared in the October<br /> and the November numbers of the Monthly<br /> JPacket.<br /> Mrs. Marshall’s last historical story The<br /> Master of the Musicians, was published by<br /> Messrs. Seeley in November. The White King’s<br /> Daughter, by the same author, published by<br /> Messrs. Seeley in May, has reached its 30OO, and<br /> is included in the Tauchnitz edition, making the<br /> twentieth volume of Mrs. Marshall’s works<br /> which have appeared in that series. Many of<br /> Mrs. Marshall’s books are translated into<br /> German and French.<br /> Mrs. Rentoul Esler&#039;s new book, just issued by<br /> Messrs. Sampson Low, Marston, and Co., is<br /> entitled “Mid Green Pastures.” In an exhaus-<br /> tive and literary review of this book The<br /> National Observer says: “Of all living writers<br /> Mrs. Esler is probably the nearest we now have<br /> to the author of “Cranford.”<br /> Whatever else may go out of fashion, detective<br /> literature does not seem on the wane. According<br /> to a recent return of the output of vernacular<br /> literature in India several of the well-known Dick<br /> Donovan&#039;s volumes have been translated for the<br /> benefit of “Tamil-speaking Christians.” The<br /> detective story seems to be as popular in India<br /> as it is in this country; but we believe that Mr.<br /> Donovan is the first author of this class of litera-<br /> ture who has ever had the honour of being trans-<br /> lated into Tamil.<br /> Messrs. Hutchinson and Co. have just issued<br /> Dick Donovan&#039;s entertaining romance of “Eugene<br /> Vidocq.” The story deals with the life and adven-<br /> tures of that extraordinary character, who was<br /> in turn soldier, thief, spy, detective, and lecturer.<br /> Reviewing the book the other day the Glasgow<br /> Herald said: “None of Dick Donovan’s rivals<br /> in this class of literature have yet outstripped<br /> him.”<br /> Early in January Chatto and Windus will<br /> issue yet another Dick Donovan volume entitled<br /> “The Mystery of Jamaica Terrace.”<br /> * * *<br /> CORRESPONDENCE.<br /> I.—NOTES AND Common-PLACE Books.<br /> &amp; &amp; O One except students ever did make<br /> notes or keep common-place books, and<br /> these do so still.” True, yet your<br /> paragraph shows that your own “common-place<br /> book” is not a book at all, and how can it<br /> be in these days P. To get the book and turn<br /> the pages requires too much time. And then<br /> the A pages, the M’s, the S&#039;s get filled up<br /> too soon, while O and K are still nearly empty.<br /> Besides there are so many newspaper cuttings<br /> in these days. So for notes we catch up the<br /> nearest half-sheet of paper, and for the disposal<br /> of notes and cuttings we devise a suitable recep-<br /> tacle. Your own plan is a good one, loose sheets<br /> of paper put into brown paper envelopes. Mine<br /> is different and may be useful as an alternative.<br /> At a shopfitter&#039;s I bought a frame of boxes such<br /> as is used by grocers for their teas or iron-<br /> mongers for brass nails and tin tacks. * With five<br /> rows and six in a row, it is convenient to make<br /> the vowels lead the files, and then everything is<br /> easily found. Four boxes are still available for<br /> special notes. The compositor&#039;s arrangement<br /> would not do for the student, and I think the<br /> plan below is even better that that of the poste<br /> Testante.<br /> <br /> |A | p q ºd<br /> E | F | g | H TT<br /> I || | | K-Ti, TM Nº<br /> O | P | Q || R. S T<br /> U | V | W X | Y Z<br /> GEO. ST. CLAIR.<br /> Cardiff, Dec. 11, 1895.<br /> • - - - -º-º-º-º- .<br /> <br /> <br /> ## p. (#550) ################################################<br /> <br /> 196<br /> THE AUTHOR.<br /> II.-PROVISIONAL CoPYRIGHT REGISTRATION.<br /> The idea contained in this letter is due to the<br /> suggestion of Mr. George Haven Putnam, men-<br /> tioned in the article “The Working of the Copy-<br /> right Law,” on p. 6 of the Author of June, 1894.<br /> Mr. Putnam&#039;s suggestion is to the effect that the<br /> title of a work may be registered, and copyright<br /> in it be thereby acquired for a period of six<br /> months from the date of registration ; and that,<br /> if by or before the expiration of that period,<br /> the work be completed, copyright for it shall<br /> date from the day on which the title was regis-<br /> tered.<br /> This is an excellent suggestion, and one with<br /> which I entirely agree. It is the equivalent in<br /> the literary sphere to provisional protection for<br /> an invention or discovery under the patent law.<br /> In that, by filing a provisional specification<br /> describing the invention in general terms, and<br /> then, within a limited time thereafter, filing a<br /> complete specification describing it in detail, the<br /> patent is obtained from the date of the provisional<br /> specification.<br /> My proposal is to draw this parallel still closer,<br /> and to extend this proposed provisional protection<br /> to something more than the title. However useful<br /> and valuable a title may be, it is useless without<br /> the work, and one may protect the former by the<br /> simple process of not communicating it to any<br /> one. My proposal deals with a more practical<br /> question of publishing, where, besides the title,<br /> the style and arrangement of the work is fixed<br /> upon; where, by the mature of the case, one is<br /> bound to disclose them; and where, therefore,<br /> one cannot protect them by the simple process of<br /> silence.<br /> In the case of the proposed publication of some<br /> periodical which, though printed matter, cannot<br /> truly be classed as literature, a work in which<br /> composition does not enter into the question—as,<br /> for instance, a time-table or other work of refer-<br /> ence, in which the arrangement is the most im-<br /> portant point, more important even than the title.<br /> In such a case, where the outlay of capital has<br /> to be considered, it may be desired to ascertain,<br /> before going to much expense, what prospect<br /> there is of the venture’s meeting with success ;<br /> and, therefore, it may be necessary to issue, Con-<br /> siderably in advance of the first serial number of<br /> the proposed publication, a specimen number<br /> thereof, with a view to ascertaining what support<br /> can be obtained for it.<br /> The arrangement and design of such a work<br /> cannot be protected under the Patents, Designs,<br /> and Trade Marks Act, and, though one might<br /> register it under the existing Copyright Law, one<br /> would have secured copyright only for the speci-<br /> men number, and not either for the title or<br /> arrangement of the actual publication at all.<br /> That comes because, under the existing law,<br /> registration at the Copyright Office affords no<br /> protection until the actual work is published. In<br /> such a case as this, the contents of the specimen<br /> would be bound to be old or fictitious, as it would<br /> be impossible to insert the matter that number one<br /> of the proposed publication would contain, for the<br /> simple reason that it would not be ascertainable<br /> so long in advance, besides which there is no copy-<br /> right in it.<br /> This, then, is what might happen under the<br /> existing law, that, as copyrighting the specimen<br /> afforded no protection to the actual work, anyone<br /> else (perhaps more favourably placed) having<br /> seen the specimen, might arrange to issue No. 1<br /> of such a publication before the date announced<br /> by the person issuing the former ; and there<br /> would be nothing whatever to prevent his adopt-<br /> ing the title and arrangement, and securing<br /> copyright for them both to the exclusion of the<br /> person with whom they originated.<br /> What I propose is, that there should be pro-<br /> visional protection for such a specimen number,<br /> Securing copyright in the title and arrangement,<br /> for a period of, say six or twelve months from the<br /> date of registration ; and that, if No. 1 of the<br /> actual publication be not issued before or by the<br /> expiration of that time anyone else should be at<br /> liberty to make use of either or both of the ideas,<br /> but no one be able to obtain copyright in either<br /> of them. It would not be necessary, as with<br /> provisionally protected inventions, to demand a.<br /> second fee, as no second description would be<br /> filed.<br /> It is suggested in Lord Monkswell&#039;s Bill that<br /> the Copyright Registration Office might be com-<br /> bined with the Registry of Designs and Trade<br /> Marks; as designs and trade marks are under<br /> the same administration as patents for inventions,<br /> perhaps they may all, eventually, come under the<br /> same control, and, as each deals but with a<br /> different way of expressing ideas, there is nothing<br /> unreasonable in this.<br /> It is stated at the end of the article above re-<br /> ferred to that provisional protection of a title is<br /> provided for in this Bill. I have read it through<br /> carefully, and, having failed to find any reference<br /> to it, shall be glad to be informed which clause<br /> covers that point. This seems to me to be the<br /> the only omission from an otherwise perfect Bill.<br /> HUBERT HAEs.	https://historysoa.com/files/original/5/285/1896-01-01-The-Author-6-8.pdf	publications, The Author