| 408 | https://historysoa.com/items/show/408 | The Author, Vol. 20 Issue 10 (July 1910) | <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.+20+Issue+10+%28July+1910%29"><em>The Author</em>, Vol. 20 Issue 10 (July 1910)</a> | | | <a href="https://babel.hathitrust.org/cgi/pt?id=mdp.39015027638405" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=mdp.39015027638405</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> | 1910-07-01-The-Author-20-10 | | | | | 257–280 | | | | | | | | | | | | | | | | | | <a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=89&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=20">20</a> | | | | | | | | | | | <a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=76&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=1910-07-01">1910-07-01</a> | | | | | | | 10 | | | 19100701 | C be El u t b or .<br />
(The Organ of the Incorporated Society of Authors. Monthly.)<br />
Wol. XX. —No. 10. JULY 1, 1910. [PRICE SIXPENCE.<br />
C O N T E N T S.<br />
PAGE - PAGE<br />
Notices ... tº - 0 - - - tº $ tº tº gº tº tº a tº tº º tº 6 & ... 257 Registration of Scenarios and Original Plays ... tº e tº ..., 270<br />
The Society's Funds ... ... ... ... ... ... ... 257 Dramatic Authors and Agents ... ... ... ... ... 270<br />
List of Members... - - - - - e. tº a º • * * s e e * - a ... 257 Warnings to Musical Composers ... e - 9 - - e. © º e ... 270<br />
The Pension Fund tº º is º g tº e tº º * * * * * * * * * ... 258 Stamping Music ... * * * & © - e - e. e - e. e s tº • sº ... 270<br />
Committee Notes - - - - e. e. - * > tº e s e s - e - - ... 259 The Reading Branch ... * tº e tº e e tº º º tº º tº & tº e ... 270<br />
Books published by Members of the Society a tº - tº e - ... 261 Remittances - tº º tº e - tº º - e - - tº tº e tº tº a tº a tº ..., 270<br />
Books published in America by Members... s & © e - - ... 263 General Notes ... tº tº a tº e - - - - - a tº a s tº * * * ... 271<br />
Literary, Dramatic and Musical Notes ..., sº tº e tº º ve ... 264 |United States Notes ... * - - • * * - - e. tº a tº * * * ... 271<br />
Paris Notes - - - -- a - © e. - e tº tº 9 tº e tº e gº tº a ... 265 The Fourteenth International Press Congress ... * * * ... 273<br />
Publishers' Agreements - e º – c - ... ... ... ... 266 Ideas, and How to Protect. Them ... tº º a ... ... ... 274<br />
Magazine Contents ... tº e 4 º, º ſº tº tº º * * * tº a º ... 268 The Editorial Attitude • * * - - - -- tº - e º * A tº ..., 278<br />
How to Use the Society - tº a © º º tº e - tº º º tº e º ... 269 The Works of Sir John Suckling ... • * * • e e * * * ..., 279<br />
Warnings to the Producers of Books tº e - e e - º tº tº ... 269 Correspondence ... e e e * - - tº tº º - - - e tº Q * R 9 ..., 280<br />
Warnings to Dramatic Authors - e. e. tº e - * * * * tº º ..., 269 -<br />
PUBLICATIONS OF THE SOCIETY.<br />
1. The Annual Report for the current year, 1s.<br />
2. The Author. Published ten months in the year (August and September omitted), devoted especially<br />
to the protection and maintenance of Literary, Dramatic, and Musical Property. Issued<br />
to all Members gratis. Price to non-members, 6d., or 5s. 6d. per annum, post free. Back<br />
numbers from 1892, at 10s. 6d. per vol.<br />
3. Literature and the Pension List. By W. Morris Colles, Barrister-at-Law. 8s.<br />
4. The History of the Société des Gens de Lettres. By S. SQUIRE SPRIGGE. 18.<br />
5. The Cost of Production. (Out of print.)<br />
6. The Warious Methods of Publication. By S. SQUIRE SPRIGGE. In this work, compiled from the<br />
papers in the Society's offices, the varibus forms of agreements proposed by Publishers to<br />
Authors are examined, and their meahing carefully explained, with an account of the<br />
various kinds of fraud which have been made possible by the different clauses therein. 3s.<br />
Addenda to the Above. By G. HERBERT THRING. Being additional facts collected at<br />
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7. Copyright Law Reform. An Exposition of Lord Monkswell's Copyright Bill of 1890. With<br />
Extracts from the Report of the Commission of 1878, the Berne Convention, and the<br />
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9. The Contract of Publication in Germany, Austria, Hungary, and Switzerland. By ERNST<br />
LUNGE, J.U.D. 2s. 6d.<br />
10. Forms of Agreement issued by the Publishers' Association; with Comments. By<br />
G. HERBERT THRING, and Illustrative Examples by Sir WALTER BESANT. 2nd Edition, 18.<br />
11. Periodicals and their Contributors. Giving the Terms on which the different Magazines<br />
and Periodicals deal with MSS. and Contributions. 6d. *<br />
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13. International Copyright Convention as Revised at Berlin, 1909. 18.<br />
[All prices net. Apply to the Secretary, 39, Old Queen Street, Storey's Gate, S. W.]<br />
<br />
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<br />
ii<br />
AD VERTISEMENTS.<br />
(Ulje Šuriefly uf Autburg (jnrurpurated).<br />
Telegraphic Address : “AUTORIDAD, LONDON.”<br />
Telephone No. : 374 Victoria.<br />
SIR ROBERT ANDERSON, K.C.B.<br />
SIR. W.M. REYNELL ANSON, Bart., D.C.L.<br />
THE RIGHT HON. THE LORD AVE-<br />
J. M. BARRIE. [BURY, P.C.<br />
SIR ALFRED BATEMAN, K.C.M.G.<br />
ROBERT BATEMAN.<br />
F. E. BEDDARD, F.R.S.<br />
MRS. BELLOC-LOWNDES.<br />
THE RIGHT HON. AUGUSTINE BIR-<br />
RELL, P.C.<br />
MRS. E. NESBIT BLAND.<br />
THE REv. PROF. Bonn EY, F.R.S.<br />
THE RIGHT HON. JAMES BRyck, P.C.<br />
THE RIGHT HON. THE LORD BURGH-<br />
CLERE, P.C.<br />
HALL CAINE.<br />
J. W. COMYINS CARR.<br />
EG ERTON CASTLE, F.S.A. -<br />
S. L. CLEMENS (“MARK TwAIN").<br />
EDWARD CLODD.<br />
W. MORRIS COLLES.<br />
THE HON. JOHN COLLIER.<br />
SIR. W. MARTIN CONWAY.<br />
THE RIGHT HON. THE LORD CURZON<br />
OF KEDLESTON, P.C.<br />
COIMIM<br />
SIR ALFRED BATEMAN, K.C.M.G.<br />
MRS. BELLOC-LOWNDES.<br />
MRS. E. NESBIT BLAND.<br />
J. W. COMYNS CARR.<br />
Chairman—SIR ARTHUR PINERO.<br />
H. GRAN VILLE BARKER.<br />
J. M. BARRIE.<br />
R. C. CARTON.<br />
PRESIDENT.<br />
TIECOIN/I_A_S THILA-TERIDTY -<br />
COUNCIL.<br />
AUSTIN DOBSON.<br />
SIR ARTHUR CONAN DOYLE.<br />
A. W. DUBOURG.<br />
DOUGLAS FRESHFIELD.<br />
SIR. W. S. GILBERT.<br />
EDMUND GOSSE, LL.D.<br />
SYDNEY GRUNDY.<br />
H. RIDER HAGGARD. - -<br />
MRS. HARRISON (“LUCAS MALET").<br />
ANTHONY HOPE HAWKINS,<br />
E. W. HORNUNG.<br />
MAURICE HEWLETT.<br />
W. W. JACOBS.<br />
JEROME. K. JEROME.<br />
HENRY ARTHUR JONES.<br />
J. SCOTT KELTIE, LL.D.<br />
RUDYARD KIPLING.<br />
SIR EDWIN RAY LANKESTER, F.R.S.<br />
THE REv. W. J. LOFTIE, F.S.A.<br />
THE RIGHT HON. SIR ALFRED<br />
LYALL, P.C.<br />
LADY LUGARD (MISS FLORA. L.<br />
SHAW).<br />
MRs. MAxw ELL (M. E. BRADDON).<br />
DOUGLAS FRESHFIELD.<br />
W. W. JACOBS.<br />
ARTHUR RACKHAM.<br />
G. BERNARD SHAW.<br />
MISS CICELY HAMILTON.<br />
CAPT. BASIL HOOD.<br />
JEROME K. JEROME.<br />
JUSTIN MCCARTHY,<br />
THE REV. C. H. MIDDLETON-WAKE.<br />
SIR HENRY NORMAN.<br />
SIR GILBERT PARKER, M.P.<br />
SIR ARTHUR PIN EBO.<br />
THE RIGHT HON. SIR HORACE<br />
PLUNKETT, K.P.<br />
ARTHUR RACKEIAM.<br />
OWEN SEAMAN.<br />
G. BERNARD SHAW.<br />
G. R. SIMS.<br />
S. SQUIRE SPRIGGE.<br />
FRANCIS STORR.<br />
SIR CHARLES WILLIERS STANFORD,<br />
Mus. Doc. .<br />
WILLIAM MOY THOMAS.<br />
MRS. HUMPHRY WARD.<br />
PERCY WHITE.<br />
FIELD-MARSHAL THE RIGHT HON<br />
THE WIScount WolsFLEY, K.P.,<br />
P.C., &c.<br />
SIDNEY WEBB.<br />
H. G. WELLS.<br />
ITTEE OF MANAGEMENT.<br />
Chairman—MAURICE EIEWLETT.<br />
S. SQUIRE SPRIGGE.<br />
FRANCIS STORB,<br />
SIDNEY WEBB,<br />
IDRAMATIC SUB-COIMIMITTEE.<br />
Vice-Chairman—HENRY ARTHUR JONES.<br />
CECIL RALEIGH.<br />
G. BERNARD SHAW.<br />
ALFRED SUTRO.<br />
PENSION FUND COMMITTEE.<br />
ANSTEY GUTHRIE.<br />
ANTHONY EIOPE HAWKINS.<br />
HAROLD HARDY.<br />
ANTHONY HOPE HAWKINS.<br />
E. J. MACGILLIVRAY.<br />
THE HON. JOHN COLLIER.<br />
SIR. W. MARTIN CONWAY.<br />
Chairman—MAURICE HEWLETT.<br />
MORLEY ROBERTS.<br />
M. H. SPIELMANN.<br />
SIR GILBERT PARKER, M.P.<br />
SIR CHARLES VILLIERS STANFORD,<br />
Mus. Doc.<br />
ART.<br />
JOHN HASSALL, R.I.<br />
J. G. MILLAIS.<br />
FIELD, Roscoe & Co., 36, Lincoln's Inn Fields, W.C. }s licitor<br />
G. HERBERT THRING, 39, Old Queen Street, Storey's Gate, S.W. J. "“”<br />
MRS. ALEC TWEEDIE.<br />
MRS. HUMPHRY WARD.<br />
COPYRIGHT SUB.com/MITTEE.<br />
HERBERT SULLIVAN.<br />
SIR JAMES YOxALL, M.P.<br />
ARTHUR RACKHAM.<br />
M. H. SPIELMANN.<br />
Secretary—G. H. ERBERT THRING,<br />
Solicitor im England to<br />
La Société dés Géms de Lettres.<br />
Legal Adviser in the United States—JAMES BYRNE, 24, Broad Street, New York, U.S.A.<br />
OFFICES.<br />
39, OLD QUEEN STREET, STOREY's GATE, S.W.<br />
<br />
<br />
## p. (#667) ################################################<br />
<br />
ADVERTISEMENTS.<br />
iii<br />
<br />
TO Authors and Journalists,<br />
The Writer, whether he aspires to write novels, short stories,<br />
9x, articles, often spends years in uncongenial work,<br />
rebuffs and drudgery being the only return for the timé<br />
and labour spent.<br />
THE COURSE OF LITERARY TRAINING promoted by<br />
the Literary Correspondence College teaches the<br />
aspirant to serve his apprenticeship to fliterature in the<br />
briefest time possible.<br />
Theºlºge also undertakes Literary Agency business of all<br />
111C.S.<br />
for full particulars. Write at once for Pamphlet D.M. to the LITERARY<br />
00RRESPONDENCE COLLEGE, 9, Aruñdel Street, Strand, W.C.<br />
“First Lessons in Story Writing."<br />
By BARRY PAIN.<br />
2nd Edition. 2s. 6ds net. 2s. 8d., post free,<br />
Of this work the Westminster Gazette writes:—“The<br />
beginner who takes these lessons to heart may be quite<br />
assured of an advantage over his competitors.”<br />
“How to become an Author.”<br />
By ARNOLD BENNETT.<br />
A Practical Guide; full of useful hints,<br />
2nd Edition. 5s, net. 5s= 4d. post free.<br />
The Literary Gorrespondence College,<br />
9, Arundel Street, Strand, W.C.<br />
THE Editor of a New Popular PENNY<br />
PERIODICAL requires SHORT,<br />
BRIGHT ARTICLES of about 2,100<br />
Words,also HUMOROUS and DETECTIVE<br />
STORIES, and anything of an Unconventional<br />
Character. — Letters only to “Editor,” clo<br />
Dawson's, 121, Cannon Street, London, E.C.<br />
Authors wishing to make arrange-<br />
ments for PUBLISHINGi are invited<br />
to communicate with LYNWOOD & CO.,<br />
Publishers, 12, Paternoster Row, London,.<br />
E.C., who will be pleased to consider Mss.<br />
and advise (free). Please write before<br />
sending MSS.<br />
<br />
TYPE WRITING<br />
from 10d. per 1,000 words, by experienced<br />
Typist. Authors’ MSS. and Technical<br />
work a speciality.<br />
ORDERS BY POST PROMPTLY ATTENDED TO.<br />
MISS LUETCHFORD, 122, LONDON WALL, E.C.<br />
<br />
<br />
TYPEWRITING OF HIGHEST QUALITY.<br />
GENERAL MSS., 10d. per 1,000 words.<br />
DRAMATIC WORK.<br />
GARBON GOPIES, 3d, per 1,000 words.<br />
DUPLICATING-<br />
NORA DICKINSON, I, Sackville Gardens, ILFORD, ESSEX.<br />
YANTIE D 2<br />
AUTHORS' MSS., PLAYS, AND GENERAL COPYING.<br />
Don't hesitate. Send a trial order now. I guarantee<br />
satisfaction. One Carbon Duplicate supplied gratis<br />
with first order. Terms on application<br />
C. HERBERT CAESAR,<br />
Homefield, Woodstock Rd., ST. ALBANS, HERTs.<br />
AUTHORS' TYPEWRITING.<br />
Novel and Story Work . 9d per 1,000 words; 2 Copies, 1/-<br />
General Copying * - ... 1/1 3 º 3 y 3 - 1|3<br />
Plays, ruled tº tº • ... 1)- 9 y 2 3 * x 1/4<br />
Specimens and Price List on application.<br />
MISS A. B. STEVENSON, Yew Tree Cottage,<br />
SUTTON, MACCLESFIELD.<br />
TYPEWRITING.<br />
Authors' MSS. neatly and accurately typed, 9d. per<br />
1,000 words, including Carbon Copy.<br />
Also General Copying, Plays, Actors' Parts, &c.<br />
MISS B. KERRY, Rohilla, CARSHALION, Surrey.<br />
THE OMFORD LITERARY AGENGW<br />
For Disposal of SHORT STORIES, NOVELS, PLAYS,<br />
&c. MSS. placed with Publishers. :<br />
THE 0}(FORD B00K REVIEW AND LITERARY AGENCY,<br />
235, HIGH HOLBORN, W.C.<br />
<br />
<br />
## p. (#668) ################################################<br />
<br />
iv<br />
AD VERTISEMENTS.<br />
THE-SIGN.OF-QUALITY<br />
<br />
A PARABLE OF THE<br />
..". MORNING MAIL. .”.<br />
G| When a man opens his mail, if that<br />
mail is of any size he first of all sorts it.<br />
G| He divides the sheep from the goats.<br />
Q. With the “sheep” go all the real<br />
personal letters: with the “goats” the<br />
printed circulars and the ordinary “imita.<br />
tion” form letters.<br />
G| The “sheep” are all read: as a rule<br />
the “goats” are not.<br />
G| If you want your facsimile personal<br />
letters to be read, in short to resemble<br />
real personal letters so closely as to be<br />
indistinguishable from the “sheep,” there<br />
is one way to ensure it.<br />
BRADBURY, AGNEW, & CO.<br />
LTD.<br />
10, BOUVERIE STREET, LONDON, E.C.<br />
<br />
<br />
## p. (#669) ################################################<br />
<br />
C be El u t b or .<br />
(The Organ of the Incorporated Society of Authors. Monthly.)<br />
FOUNDED BY SIR WALTER BESANT.<br />
WOL. xx-No. 10.<br />
JULY 1ST, 1910.<br />
[PRICE SIXPENCE.<br />
TELEPHONE NUMBER:<br />
374 WICTORIA.<br />
TELEGRAPHIC ADDRESS :<br />
AUTORIDAD, LONDON.<br />
—e—º-e—<br />
NOTICES.<br />
—º-º-º-<br />
OR the opinions expressed 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 expressing the opinion<br />
of the Committee unless such is especially stated<br />
to be the case.<br />
THE Editor begs to inform members of the<br />
Authors' Society and other readers of The Author<br />
that the cases which are quoted in The Author are<br />
cases that have come before the notice or to the<br />
knowledge of the Secretary of the Society, and that<br />
those members of the Society who desire to have<br />
the names of the publishers concerned can obtain<br />
them on application.<br />
ARTICLES AND CONTRIBUTIONS.<br />
THE Editor of The Author begs to remind<br />
members of the Society that, although the paper<br />
is sent to them free of cost, its production would<br />
be a very heavy charge on the resources of the<br />
Society if a great many members did not forward<br />
to the Secretary the modest 5s. 6d. Subscription for<br />
the year.<br />
Communications for The Author should be<br />
addressed to the Offices of the Society, 39, Old<br />
Queen Street, Storey's Gate, S.W., and should<br />
reach the Editor not later than the 21st of each<br />
month.<br />
Communications and letters are invited by the<br />
Editor on all literary matters treated from the<br />
standpoint of art or business, but on no other<br />
subjects whatever. Every effort will be made to<br />
return articles which cannot be accepted.<br />
WOL. XX.<br />
ADVERTISEMENTS.<br />
As there seems to be an impression among<br />
readers of The Author that the Committee are<br />
personally responsible for the boma fides of the<br />
advertisers, the Committee desire it to be stated<br />
that this is not, and could not possibly be, the case.<br />
Although care is exercised that no undesirable<br />
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never have accepted, any liability.<br />
Members should apply to the Secretary for advice<br />
if special information is desired. :<br />
—e—º-e—<br />
THE SOCIETY'S FUNDS.<br />
—º-º-º-<br />
ROM time to time members of the Society<br />
desire to make donations to its funds in<br />
recognition of work that has been done for<br />
them. The Committee, acting on the suggestion<br />
of one of these members, have decided to place<br />
this permanent paragraph in The Author in order<br />
that members may be cognisant of those funds to<br />
which these contributions may be paid.<br />
The funds.suitable for this purpose are : (1) The<br />
Capital Fund. This fund is kept in reserve in<br />
case it is necessary for the Society to incur heavy<br />
expenditure, either in fighting a question of prin-<br />
ciple, or in assisting to obtain copyright reform,<br />
or in dealing with any other matter closely<br />
connected with the work of the Society.<br />
(2) The Pension Fund. This fund is slowly<br />
increasing, and it is hoped will, in time, cover the<br />
needs of all the members of the Society.<br />
—e—-tº-e—<br />
LIST OF MEMBERS.<br />
—º-º-º-<br />
HE List of Members of the Society of Authors,<br />
published October, 1907, can now be obtained<br />
at the offices of the Society at the price of<br />
6d., post free 7#d. It includes elections to July,<br />
1907, and will be sold to members and associates<br />
of the Society only. - -<br />
A dozen blank pages have been added at the<br />
<br />
<br />
## p. (#670) ################################################<br />
<br />
258<br />
TISIES A UTISIOR.<br />
end of the list for the convenience of those who<br />
desire to add future elections as they are chronicled<br />
from month to month in these pages.<br />
* - -º- a<br />
v-u-v<br />
THE PENSION FUND.<br />
—o-º-º-<br />
ON February 1, 1910, the trustees of the<br />
Pension Fund of the society—after the secre-<br />
tary had placed before them the financial<br />
position of the fund—decided to invest £260 in<br />
the following securities: £130 in the purchase of<br />
Jamaica. 3% per cent. Stock 1919–49, and £130 in<br />
the purchase of Mauritius 4 per cent. Stock 1937.<br />
The amount purchased is £132 18s. 6d.<br />
Jamaica. 3% per cent. Stock and £120 12s. 1d.<br />
Mauritius 4 per cent. Stock.<br />
This brings the invested funds to over £4,000.<br />
The trustees, however, have been unable to recom-<br />
mend the payment of any further pensions, as the<br />
income at their disposal is at present exhausted.<br />
They desire to draw the attention of the members<br />
of the society to this fact, in the hope that by<br />
additional subscriptions and donations there will<br />
be sufficient funds in hand in the course of the<br />
year to declare another pension in case any im-<br />
portant claim is forthcoming.<br />
Consols 2%%.................. ........... #1,000 0 0<br />
Local Loans .............................. 500 0 ()<br />
Victorian Government 3% Consoli-<br />
dated Inscribed Stock ............... 291. 19 11<br />
London and North-Western 3% Deben-<br />
ture Stock . . . . . . . . . . . . . . . . . . . . 250 0 0<br />
Egyptian Government Irrigation<br />
Trust 4% Certificates . . . . . . . . ... 200 0 0<br />
Cape of Good Hope 33% Inscribed<br />
Stock . . . . . . . . . . . . . ................ 200 0 0<br />
Glasgow and South-Western Railway<br />
4% Preference Stock.................. 228 () 0<br />
New Zealand 3% Stock............... 247 9 6<br />
Irish Land Act 23% Guaranteed Stock 258 0 0<br />
Corporation of London 24% Stock,<br />
1927–57 .............................. 438 2 4.<br />
Jamaica. 3%% Stock, 1919–49 ......... 132 18 6<br />
Mauritius 4%. 1937 Stock............... 120 12 I<br />
Dominion of Canada C.P.R. 3% Land<br />
Grant Stock, 1938..................... 198 3 8<br />
Total ............... f4,065 6 0<br />
Subscriptions.<br />
1910. £ s. d.<br />
Jan. 12, Riley, Miss Josephine . . 0 7 6<br />
Jan. 13, Child, Harold H. . 0 10 0<br />
Feb.<br />
Jan. 14, Desborough, The Right Hon.<br />
the Lord, K.C.V.O.<br />
Jan. 27, Lion, Leon M.<br />
Feb. 7, Fagan, J. B. . º<br />
Feb. 10, Newton, Miss A. M.<br />
March 7, Smith, Bertram .<br />
April 13, Dillon, Mrs. e e<br />
May 6, Inkster, Leonard . e<br />
May 17, Truman, Miss Olive Marie<br />
Donations.<br />
1910.<br />
Jan. 1, Robinson, J. R. . & º<br />
Jan. 1, Mackenzie, Miss J. (2nd dona-<br />
tion) . • * & ſe e<br />
Jan. 1, Northcote, H. e &<br />
Jan. 3, Watson, Mrs. Herbert A.<br />
Jan. 3, Fursdon, Mrs. F. M.<br />
Jan. 3, Smith, Miss Edith A.<br />
Jan. 4, Pryce, Richard<br />
Jan. 4, Wroughton, Miss Cicely .<br />
Jan. 6, Kaye-Smith, Miss Sheila<br />
Jan. 6, Underdown, Miss E. M. .<br />
Jan. 6, Carolin, Mrs. . º<br />
Jan. 8, P. H. and M. K.<br />
Jan. 8, Crellin, H. R. ©<br />
Jan. 10, Tanner, James T..<br />
Jan. 10, Miller, Arthur .<br />
Jan. 10, Bolton, Miss Anna<br />
Jan. 10, Parr, Miss Olive K.<br />
Jan. 17, Harland, Mrs. e<br />
Jan. 21, Benecke, Miss Ida e<br />
Jan. 25, Fradd, Meredith . C<br />
Jan. 29, Stayton, F. . tº º<br />
Feb. 1, Wharton, L. C.<br />
4, Bowen, Miss Marjorie<br />
5, Cameron, Mrs. Charlotte<br />
7, Pettigrew, W. F. .<br />
7, Church, Sir A. H. .<br />
8, Bland, Mrs. E. Nesbit<br />
8, The XX. Pen Club<br />
10, Greenbank, Percy.<br />
11, Stopford, Francis.<br />
11, Dawson, A. J. . o<br />
12, Ainslie, Miss Kathleen .<br />
16, W. D. . º º •<br />
16, Gibbs, F. L. A. . b<br />
17, Wintle, H. R. e<br />
21, Thurston, E. Temple<br />
23, Dawson, Mrs. Frederick<br />
Feb. 24, Williamson, C. N. º<br />
Feb. 24, Williamson, Mrs. C. N. e<br />
Feb. 25, Westell, W. P. . e ©<br />
March 2, Toplis, Miss Grace o<br />
March 3, Hawtrey, Miss Valentina<br />
March 5, Smith, Bertram . *<br />
Feb.<br />
Feb.<br />
Feb.<br />
Feb.<br />
Feb.<br />
Feb.<br />
Feb.<br />
Feb.<br />
Feb.<br />
Feb.<br />
Feb.<br />
Feb.<br />
Feb.<br />
Feb.<br />
#.<br />
S.<br />
1<br />
O<br />
I<br />
1|I<br />
1<br />
I<br />
d.<br />
:<br />
O<br />
<br />
<br />
## p. (#671) ################################################<br />
<br />
TISIE AUTISIOR.<br />
259<br />
# S. d.<br />
March 12, Yould, A. . © e O 5 0<br />
March 16, Loraine, Lady . § 0 10 0<br />
March 29, Macdonnell, Randall . 4 0 0<br />
April 6, Blake, J. P. . & gº 2 2 0<br />
April 8, “Patricia Wentworth '' 1 1 0<br />
April 14, Hinkson, Mrs. K. Tynan O IO ()<br />
May 6, Greenstreet, W. J. . ſº O 5 ()<br />
May 7, Cousin, John W. (), 5 ()<br />
May 10, Zangwill, Israel . e . 1 1 0<br />
May 19, Sprigge, Dr. S. S. (Portion of<br />
money recovered by the Society as<br />
damages) ſº º º © . I () () ()<br />
June 3. Wynne, C. Whitworth . . 3 3 ()<br />
June 15, Maunder, J. H. . c . 1 1 0<br />
All fresh subscribers and donors previous to<br />
January, 1910, have been deleted from the present<br />
announcement.<br />
The names of those subscribers and donors which<br />
are not included in the lists printed above are<br />
unavoidably held over to the next issue.<br />
*. -º- *<br />
vº ~- *<br />
COMMITTEE NOTES.<br />
—º-º-º-<br />
HE June meeting of the committee was<br />
held at the offices of the Society on the<br />
6th ult.<br />
In the absence of Mr. Maurice Hewlett, Mr.<br />
Douglas Freshfield was, on the proposal of Sir<br />
Alfred Bateman, invited to take the chair.<br />
Sixteen new members and associates were added<br />
to the list, making 134 elections in the current<br />
year. Four resignations were received, bringing<br />
the number in the year to 64.<br />
Cases before the Committee. The first case related<br />
to the infringement of an author's rights in<br />
Germany, and had been discussed at previous<br />
meetings. Owing to the failure of the author to<br />
give the necessary information and assistance<br />
through the committee to the Society's German<br />
lawyers, it was decided, with regret, to abandon the<br />
case, and the secretary was instructed to acquaint<br />
the author with the committee's decision. The<br />
next case was a complaint raised by a member that<br />
a judgment summons obtained by the society two<br />
months ago for unpaid contributions to a weekly<br />
newspaper had not been satisfied, although the<br />
offending party still continued to publish the paper<br />
regularly. After consideration of a letter from the<br />
society's solicitors, setting out the steps they had<br />
already taken, the committee authorised more<br />
stringent measures to be taken in order to obtain<br />
the amount due to the member. The third case<br />
engaging the committee's attention was one in<br />
which a member of the society had expressed dis-<br />
satisfaction with a publisher's accounts. The<br />
committee authorised the secretary to write to the<br />
publisher on the matter, and (if needful) to put in<br />
an accountant to check the accounts. A report<br />
Was read from the solicitors of the society in regard<br />
to the piracy of the works of one of its members<br />
by means of street hawkers, and the secretary<br />
was instructed to direct the solicitors to take<br />
active steps on the lines taken by the music<br />
publishers in somewhat similar circumstances, and<br />
to hasten to put a stop to the illegal sales and<br />
bring the parties to book. In another case, owing<br />
to the sale by one of the members of the copyright<br />
to a publisher, a difficult question of law had arisen<br />
on which counsel's opinion had been obtained.<br />
The Secretary was instructed to send a copy of the<br />
Opinion to the member involved. A letter from<br />
the Solicitors of a literary agent was submitted by<br />
the secretary and a reply was authorised. The next<br />
matter related to a serious infringement of the<br />
rights of dramatists in India. The secretary<br />
reported the matter from the Dramatic Sub-<br />
Committee, and the committee sanctioned the<br />
course suggested by that body, namely, that inquiry<br />
should be made of the society's Indian solicitors as<br />
to the exact position under the Indian law, and as<br />
to the best course to be adopted.<br />
From the cases the committee turned their<br />
attention to other questions of policy. It was<br />
decided to publish once, in the autumn of the year,<br />
a full list of the annual subscribers to the Pension<br />
Fund with the amount of their subscriptions. In<br />
case any subscriber might object to the publication<br />
of his or her name, it was resolved, before printing<br />
the list, to issue a circular in order to ascertain the<br />
wishes of the individual subscribers on this point.<br />
A proposal to obtain advertisements for The Author<br />
was next considered, and, after some discussion, it<br />
was agreed to accept the proposal subject to some<br />
modification and to the terms being embodied in a<br />
contract which should meet with the chairman’s<br />
approval. At the previous meeting a question had<br />
arisen respecting the appointment of agents in the<br />
colonies who should keep the society informed of<br />
infringements of literary and dramatic rights. Sir<br />
Alfred Bateman reported that he had conferred<br />
with the officials of the Board of Trade and felt<br />
that some arrangement could probably be made,<br />
but that it was too early as yet to give any definite<br />
assurance. The secretary reported also that he had<br />
seen the president of the Publishers' Association<br />
and was instructed to write to him. The question<br />
of the censorship of novels was again before the<br />
committee to whom the secretary reported. He<br />
was instructed to communicate with Mr. Hewlett<br />
immediately on his return, who had the whole<br />
matter in hand. A proposal made by a member of the<br />
Copyright Sub-committee that all copyright cases<br />
should first be referred to that committee, was<br />
<br />
<br />
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<br />
260<br />
TFIE AUTISIOR.<br />
reconsidered in the light of the opinions of the<br />
members of the sub-committee. After a perusal<br />
of these opinions it appeared to the Committee of<br />
Management that it would be undesirable to carry<br />
out the suggestion.<br />
The chairman reported that, as immediate<br />
decision was necessary, he had taken on himself, in<br />
Mr. Hewlett's absence, to postpone the dinner of<br />
the society. This action was approved and it was<br />
decided to leave the question of an autumn dinner<br />
to the committee at their meeting in July, when it<br />
was hoped Mr. Hewlett would be present.<br />
The committee sanctioned the expenditure neces-<br />
sary for the issue of a circular by the Dramatic<br />
Sub-committee to the dramatists inside the society.<br />
The Dramatic Sub-committee also referred a<br />
suggestion as to the reading of dramatic works by<br />
a staff of readers appointed by the society, with a<br />
special view to obtaining a market for such plays<br />
as were favourably reported on by the readers.<br />
The suggestion did not appear practicable to the<br />
committee, and the secretary was instructed to<br />
write to the member who had made the suggestion<br />
and report to the sub-committee in that sense. A<br />
proposal that the names of the Nobel Prize Com-<br />
mittee should be added to the list of committees on<br />
the society’s letter-paper and publications was<br />
negatived.<br />
The receipt of a contribution of £2 2s. to the<br />
Capital Account of the society in acknowledgment<br />
of work done by the society, was reported to the<br />
committee, as also was a contribution of £10 to<br />
the Pension Fund from Dr. S. Squire Sprigge,<br />
part of moneys recovered by the society on his<br />
behalf.<br />
At this, the first meeting of the committee after<br />
the event, it was decided to send to Mr. Thomas<br />
Hardy a letter of congratulation on the attain-<br />
ment of his seventieth birthday, and the secretary<br />
was instructed to ask Mr. Hewlett, the chairman of<br />
the committee, to carry out the committee's wishes<br />
in this matter. -<br />
—º-º-º-<br />
DRAMATIC SUB-COMMITTEE.<br />
A MEETING of the Dramatic Sub-committee was<br />
held on Monday, May 30, at the offices of the<br />
society, 39, Old Queen Street, Storey's Gate, S.W.,<br />
at 3 p.m.<br />
The first question for the consideration of<br />
the sub-committee related to the position of<br />
dramatic authors and their property in the Trans-<br />
Vaal and Orange River Colony. At the suggestion<br />
of the secretary, it was decided to write to the<br />
Colonial Office and to inquire as to the position of<br />
copyright property of English dramatists in South<br />
Africa generally.<br />
The next subject was the appointment of agents<br />
in the colonies and the larger cities of those<br />
countries united under the Berne Convention—<br />
agents who might be able to give information<br />
to the Society of infringements. The secretary<br />
reported that he had seen a gentleman, a native of<br />
Johannesburg and a lawyer of position, and that<br />
he had explained to him exactly what the society<br />
desired. This gentleman had agreed to write a<br />
letter to be laid before the Dramatic Sub-com-<br />
mittee, giving references and explaining how far<br />
he would be able to undertake the duties required.<br />
The letter not having arrived in time for the<br />
meeting, the matter was adjourned to the next<br />
meeting.<br />
The secretary also reported that Sir Alfred Bate-<br />
man had seen the authorities at the Board of<br />
Trade and the Foreign Office in regard to the<br />
question of the Consuls reporting infringements in<br />
those countries of Europe bound by the Berne<br />
Convention and the Trade Commissioners in the<br />
colonies. Sir Alfred Bateman having intimated a<br />
desire to have from the Dramatic Sub-committee<br />
a note of the exact work which it was desired the<br />
Consuls and the Trade Commissioners should<br />
undertake, the secretary was instructed to draft<br />
such a note and to forward it to Sir Alfred.<br />
Infringements of performing rights in India<br />
appear to be on the increase, as the secretary had<br />
to report to the sub-committee a long list of such<br />
infringements at the Opera House, Calcutta. He<br />
was instructed, with the consent of the Committee<br />
of Management, to write to the society's solicitors<br />
in India and ask them to see whether it would not<br />
be possible to put a stop to these infringements<br />
by communicating with the manager, and also to<br />
inquire what further steps they would advise. At<br />
the same time the solicitors should be requested to<br />
send a formal power of attorney, so that, in the<br />
event of any action being necessary, they should<br />
have full authority to take immediate proceedings.<br />
It was also suggested that the secretary should be<br />
instructed to write to the Council of the Actors’<br />
Association warning them of these infringements,<br />
as it might be very unfortunate for members of<br />
that association who had entered into contracts to<br />
play in certain pieces in India and the colonies<br />
suddenly to find that their employment was at an<br />
end owing to an injunction being obtained for<br />
infringements of dramatic rights; and the Secretary<br />
was so instructed.<br />
A complaint made by one member of the Society<br />
against another member was laid before the sub-<br />
committee, but as the full statements were not<br />
forthcoming it was necessary to adjourn the<br />
matter.<br />
The secretary, having called attention to certain<br />
paragraphs in The Referee, was instructed to<br />
<br />
<br />
## p. (#673) ################################################<br />
<br />
TFIE AUTISIOR.<br />
261<br />
forward a reply to the editor for insertion in that<br />
journal.<br />
A suggestion, from one of the members of the<br />
Society to institute a formal reading branch for the<br />
benefit of unacted dramatists was, after some discus-<br />
sion, referred to the Committee of Management.<br />
It was decided that the resolution passed at the<br />
previous meeting of the sub-committee relating to<br />
performances in working men's clubs should be<br />
sent round to dramatists who were members of the<br />
society, with a postcard asking whether they would<br />
be ready to adhere to the resolution then passed.<br />
The sub-committee authorised the secretary to<br />
write to those dramatists, if any, still outside the<br />
Society and call their attention to the work done<br />
by the society for the benefit of the dramatic<br />
profession and for the defence of dramatic property.<br />
The repertory agreement was finally settled, but<br />
the agreement for a run was deferred till the next<br />
meeting, which was fixed for Tuesday, June 21.<br />
—º-º-º-<br />
Cases.<br />
DURING the past month the number of cases<br />
placed in the Secretary's hands has increased.<br />
Twenty-three new cases have been brought to<br />
the society's office. They may be divided as<br />
follows:–Two for accounts. Five for accounts<br />
and money. Nine for money only. Three for<br />
MSS. Four relating to settlement of terms of<br />
agreements. Of the two claims for accounts, one<br />
has been settled—the accounts have been handed<br />
in. In the other case, the society is waiting for<br />
the accountant's report, the publishers having<br />
given every facility for the investigation of their<br />
books. Of the five claims for accounts and money,<br />
one has been settled and one is in the course of<br />
negotiation. The other three accounts have been<br />
handed in, but the money is not yet to hand ; the<br />
Secretary is waiting for the member to pass the<br />
returns, when the demand for the amount shown to<br />
be due will be made. The three claims for MSS.<br />
have been satisfied. Out of the nine claims for<br />
money, one has been satisfied, two have been<br />
placed in the hands of the society’s solicitors as<br />
no satisfactory reply was forthcoming, two are in<br />
the course of satisfactory negotiation, and the<br />
balance have only recently come into the office.<br />
The cases of disputes on agreements are naturally<br />
slow in settlement, as a good deal of negotiation is<br />
necessary, but one has been settled, two are<br />
progressing. The last one has to await the arrival<br />
of the member in England. She is at present<br />
abroad and cannot obtain the necessary documents<br />
and evidence. -<br />
There are three cases still remaining over from<br />
former months. One of these refers to a member<br />
who lives in the Colonies, and one to a publisher in<br />
America, and the third is still in the course of<br />
negotiation. The cases in the solicitor's hands<br />
are being carried forward in accordance with the<br />
legal procedure. None have actually been settled<br />
during the past month.<br />
—º-º-º-<br />
June Elections.<br />
Alcock, Joseph Crosby 32, Londesborough<br />
Road, Scarborough.<br />
Atkinson, Harold W. West View, Eastbury<br />
Avenue, Northwood,<br />
Middlesex.<br />
Yorick Club, 30, Bed-<br />
Baker, Capt. B. Granville.<br />
- ford Street, Strand,<br />
W.C.<br />
Campbell, Cyril S. Fen Ditton Hall, near<br />
Cambridge.<br />
Carey, Miss Winifred Rose. 51, Beaufort Man-<br />
sions, Chelsea, S.W.<br />
54, Digby Mansions,<br />
H a m me r s m it h<br />
Bridge, London, W.<br />
Chase, Mrs. Lewis Nathaniel<br />
Dalziel, James. Taikoo Sugar Refining<br />
Co., Ltd., Hong-<br />
Kong.<br />
Dawson, Frank 17, Bedford Street,<br />
- Marine Parade,<br />
Brighton.<br />
Dixon, Thomas º . Woodhall Road, Cal-<br />
verley, near Leeds.<br />
Eggar, W. D. e . Eton College, Windsor.<br />
Graham, Mrs. Ethel . Bilston Lodge, Ivan-<br />
Maxtone head, Midlothian.<br />
“Woodhill,” Rhiw-<br />
Jevons, Herbert Stanley .<br />
bina, near Cardiff.<br />
Thomson, Lieut.-Col. S. J., Scuttington Manor,<br />
C.I.E., J.P. Sittingbourne, Kent.<br />
Talbot, P. A., B.A., F.L.S., Abbots Morton, Ink-<br />
&c. berrow, Worcester-<br />
shire.<br />
44, Princes Square,<br />
Hyde Park, W.<br />
17, Buckley Road,<br />
N.W.<br />
Wilson, Mary D.<br />
Wilson, Mrs. S. Douglas<br />
—e—º-e—<br />
BOOKS PUBLISHED BY MEMBERS OF<br />
THE SOCIETY.<br />
—e-º-º-<br />
WHILE every effort is made by the compilers to keep<br />
this list as accurate and exhaustive as possible, they have<br />
some difficulty in attaining this object owing to the fact<br />
<br />
<br />
## p. (#674) ################################################<br />
<br />
262<br />
TISIE AUTISIOR.<br />
that many of the books mentioned are not sent to the Cffice<br />
by the members. In consequence, it is necessary to rely<br />
largely upon lists of books which appear in literary and<br />
other papers. It is hoped, however, that members will<br />
co-operate in the compiling of this list and, by sending<br />
particulars of their works, help to make it substantially<br />
accurate.<br />
ART.<br />
BRITISH PORTRAIT PAINTING. To the opening of the<br />
Nineteenth Century. By M. H. SPIELMANN. 2 vols.<br />
16 x 12%. 108 pp. 131 plates. The Berlin Photo-<br />
graphic Co. £26 5s. n.<br />
BIOGRAPHY.<br />
THE LIFE OF MARIE AMELIE. Last Queen of the French.<br />
1782–1866. By C. C. Dyson. 83 × 5%. 318 pp. John<br />
Long. 12s. 6d. n.<br />
LIFE OF JOHN RUSKIN. By ASHMORE WINGATE. 63 × 4}.<br />
203 pp. (Great Writers Series.) Walter Scott Publishing<br />
Co. 1s. 6d.<br />
GEORGE SAND AND HER LOVERS. By FRANCIS GRIBBLE.<br />
73 x 5. 303 pp. Nash. 28. n.<br />
EDUCATIONAL.<br />
LES FRANÇAIS D’AUJourd’HUI. By JETTA. S. Wolf F.<br />
7 x 5. 156 pp. Arnold. 1s. 6d.<br />
NATURE STUDY ON THE BLACKBOARD. By W. P. PYCRAFT,<br />
F.Z.S., AND JANET HARVEY KELMAN. Vol. I. : PLANT<br />
LIFE. 12 x 9. 134 pp. Caxton Publishing Co.<br />
7s. 6d. In. -<br />
FICTION.<br />
ToLD IN THE DAY WATCHES. By FRANK T. BULLEN. 73<br />
× 5. 332 pp. Smith, Elder. 68.<br />
CUTHBERT LEARMONT. By J. A. REVERMORT. 73 × 5.<br />
354 pp. Constable. 63.<br />
FoRBIDDEN GROUND. By GILBERT WATson. William<br />
Heinemann. 6s.<br />
A MOTLEY. By JOHN GALsworth Y.<br />
Heinemann. 6s.<br />
DAISY'S AUNT.<br />
Nelson. 28. n.<br />
THE PORTRAIT. By FORD MADox HUEFFER. 8 × 5.<br />
307 pp. Methuen. 68.<br />
THE GIRL witH THE RED HAIR. By MAx PEMBERTON.<br />
7# × 5. 336 pp. CASSELL. 6s.<br />
FREDA. By KATHERINE TYNAN. 73<br />
Cassell. 63.<br />
WERA OF THE STRONG HEART. By MARION MOLE.<br />
73 × 4%. 312 pp. Melrose. 6s.<br />
THE HEART OF NoFL. By FRED WHISHAw. 8 × 5.<br />
320 pp. Everett. 63.<br />
ToI.D IN THE DOG WATCHES. By FRANK. T. BULLEN.<br />
7; x 5. 332 pp. Smith, Elder. 68.<br />
IN THE BALANCE. By L. G. MOBERLY. 73 × 5.<br />
Ward, Lock. 6s.<br />
SIMON THE JESTER. By W. J. LOCKE. 7} x 5. 348 pp.<br />
Lane. 6s.<br />
A FAIR MARTYR. By J. BLOUNDELLE-BURTON. 8 x 5.<br />
317 pp. Everett. 68. -<br />
THE ROD OF JUSTICE. By ALICE AND CLAUDE ASKEW.<br />
7# × 5}. 256 pp.<br />
By E. F. BENSON. 74 x 5. 375 pp.<br />
× 5. 336 pp.<br />
320 pp.<br />
73 × 5. 350 pp. Fisher Unwin. 6s.<br />
THE SILENT WATCHES. By IZA DUFFUS HARDY. 73 ×<br />
5. 320 pp. Digby Long. 68.<br />
MARQUESS SPLENDID. By ANNIE O. TIBBITS.<br />
320 pp. Digby Long. 68.<br />
To-MoRRow 7 By VICTORIA CROSS. (Cheap Edition.) 7%<br />
7% x 5.<br />
× 5. 302 pp. The Walter Scott Publishing Co. 1s. n.<br />
SEA DOG.S. A Set of Sea Comedies. By MoRLEY<br />
ROBERTS. 73 x 5. 256 pp. Nash. 28. n.<br />
FURTHER EXPERIENCES OF AN IRISH R.M. By E. CE.<br />
SOMERVILLE AND MARTIN Ross. 73 × 53. 315 pp.<br />
Longmans. 3s. 6d. n.<br />
THE CALL OF THE SOUTH. By LouTSE BECKE. 74 ×<br />
4}. 320 pp. Milne. 1s. In.<br />
HISTORY.<br />
A MEDIAEVAL GARNER. Human Documents from the Four<br />
Centuries preceding the Reformation. Selected, trans-<br />
lated, and annotated by G. G. CouTTON, 94 × 6.<br />
727 pp. Constable. 21s. n. -<br />
THE WALLS OF CONSTANTINOPLE. By CAPTAIN B.<br />
GRAN VILLE BAKER, 73 × 6%. 262 pp. Milnes.<br />
16s. n.<br />
THE SECOND AFGHAN WAR, 1878-79-80 : its Causes, its<br />
Conduct, and its Consequences. By COL. H. B. HANNA,<br />
late Commanding at Delhi. Wol. III. Constable. 15s. n.<br />
CALENDAR OF STATE PAPERS, COLONIAL SERIES,<br />
AMERICA AND THE WEST INDIES, 1700, PRESERVED IN<br />
THE PUBLIC RECORD OFFICE. Edited by CECIL HEAD-<br />
LAM, M.A. 103 × 7%. 851 pp. Wyman. 15s.<br />
LITERARY.<br />
ESSAYS : MoDERN AND ELIZABETHAN. By E. Dowd EN.<br />
83 × 5%. 380 pp. Dent.<br />
DEAD LANGUAGE AND DEAD LANGUAGES. With Special<br />
Reference to Latin. By J. P. POSTGATE, LITT.D.<br />
8% x 5%. 32 pp. Murray. 18. n.<br />
DANTE AND HIs CoNVITO. A Study with Translations.<br />
By W. M. RossETTI. 7% x 5}. 130 pp. Elkin Mathews.<br />
4s. 6d. n.<br />
THE Hous E OF QUIET. An Autobiography. By A. C.<br />
BENSON. 73 × 5. 233 pp. Murray. 1s. n.<br />
MISCELLANEOUS.<br />
IMITATION : THE MIMETIC FUNCTION IN HUMAN NATURE<br />
AND IN NATURE. By RICHARD STEEL. (Second Edition,<br />
Revised and Enlarged.) Liverpool : Henry Young &<br />
Sons. London: Simpkin, Marshall & Co.<br />
Essays IN NATIONAL IDEALISM (INDIA). By DR. A. K.<br />
CoOMARASWAMY. 5% x 8%. Probsthain. 3s. 6d.<br />
NAWAL.<br />
THE CAMPAIGN OF TRAFALGAR. By JULIAN CoRBETT.<br />
9} x 6. 473 pp. Longmans. 168. n.<br />
ORIENTAL.<br />
SWORD-OF-THE-CROWNS. Rendered into English by the<br />
Count Ess OF CROMARTIE, 7% x 5. 144 pp. Elkin,<br />
Mathews. 3s. 6d. n.<br />
POETRY.<br />
ENGLAND’s SON, AND OTHER POEMS. By MAXWELL<br />
GRAY. 63 × 4%. 95 pp. Digby Long. 38. 6d. n.<br />
THE DEAD KING. By RUDYARD KIPLING. 8 × 53.<br />
Hodder & Stoughton. 18. n. -<br />
POLITICAL.<br />
ARTICLES OF FAITH IN THE FREEDOM OF WOMEN. By<br />
LAURENCE HOUSMAN. 73 × 4%. 64 pp. Fifield.<br />
6d. n.<br />
REPRINTS.<br />
PosLTIVISM. By ISIDORE AUGUSTE COMTE. With an<br />
Introduction by FREDERIC HARRISON. 444 pp.<br />
ESSAYS OF FRANCIS BACON. With an Introduction by<br />
W. H. D. RousB. 218 pp. POETICAL WORKS OF<br />
WILLIAM BLAKE. With an Introduction by W. B.<br />
YEATs. 277 pp. 64 × 4}. Routledge. 28. 6d. n.<br />
<br />
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THE AUTISIOR.<br />
263<br />
THE CAxTon SHAKESPEARE. Wols. W. and VI. With<br />
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LEE. 83 × 64. Caxton Publishing Co. 6s. 6d. n.<br />
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THE POCKET CLINICAL GUIDE. By JAMES BURNET,<br />
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Leather, 2s. 6d. n. Of the Author, 6, Glengyle Terrace,<br />
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HINTS ON PRESCRIPTION WRITING. By JAMES BURNET.<br />
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SOCIOLOGY.<br />
THE WAGRANCY PROBLEM : The Case for Measures of<br />
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SPORT.<br />
LETTERs of A MoDERN GOLFER. To HIS GRANDFATHER.<br />
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6s.<br />
THE POCKET GUIDE TO SOLO WHIST.<br />
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MY QUEST FOR GOD. By JoHN TREvoR. (Second Revised<br />
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—é—Q-e—<br />
BOOKS PUBLISHED IN AMERICA BY<br />
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–0-º-º-<br />
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ACCIDENTS OF AN ANTIQUARY'S LIFE. With 40 illustra-<br />
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<br />
<br />
## p. (#676) ################################################<br />
<br />
264<br />
TFIE AUTISIOR.<br />
LITERARY, DRAMATIC, AND MUSICAL<br />
NOTES.<br />
—º-º-º-<br />
€ $ YPNOTISM and Suggestion in Daily Life,<br />
. Education, and Medical Practice,” is the<br />
title of a new work by Dr. Bernard<br />
Hollander, who has studied these subjects for<br />
many years, both for purposes of scientific investi-<br />
gation and for their practical utility in the<br />
treatment of various diseases. Messrs. Pitman &<br />
Sons, Ltd., are the publishers.<br />
Miss N. Smith Dampier's book, “Ballads from<br />
the Danish and Original Verses,” was published<br />
last month by Mr. Andrew Melrose.<br />
There is shortly to be published in a popular<br />
edition in America, by Messrs. Mitchell Kennerley,<br />
Miss Winifred Graham's novel, “Mary,” a 1s.<br />
edition of which has recently been published in<br />
England by Messrs. Mills & Boon, who are pub-<br />
lishing, early in July, Miss Graham's new novel,<br />
“The Enemy of Woman.”<br />
Mr. Arthur H. Stockwell has published a new<br />
novel by Mr. J. H. Brighouse, entitled, “With<br />
Unseen Lips,” a tale of mystery and humour.<br />
Miss Jetta S. Wolff, author of “Le Français en<br />
Ménage,” and “Le Français en Voyage,” is<br />
publishing a volume entitled “Pour la Patrie, et<br />
autres Contes d'Enfants.” Mr. Edward Arnold<br />
announces, also, the publication of Miss Wolff's<br />
“Les Français d’Aujourd’hui.”<br />
Mr. Michael Barrington, the author of “The<br />
King's Fool,” whose last novel, “The Knight of<br />
the Golden Sword,” was no mediaeval tale of<br />
hazardous adventure, but a study of the political<br />
conditions of England and Scotland at the time of<br />
the Restoration and Revolution, has returned once<br />
more to the Middle Ages; and Messrs. Chatto &<br />
Windus will publish in October his new romance,<br />
“The Lady of Tripoli,” which portrays the soul's<br />
history of a famous Troubadour Prince.<br />
Mr. Richard Steel has just published a second<br />
and revised edition of his book, “Imitation : The<br />
Mimetic Function in Human Nature and in<br />
Nature.” The writer approaches the subject from<br />
many sides, starting with imitation in infant and<br />
child life, continuing in education, in later youthful<br />
life and early maturity. Other chapters deal with<br />
imitation in ethics, religion and politics, in<br />
language, poetry and the fine arts, in economics,<br />
in heredity and inorganic matter, while in an<br />
appendix the writer refers to imitation in the<br />
reasoning process. Messrs. Young & Sons in<br />
Liverpool, and Messrs. Simpkin, Marshall & Co.<br />
in London, publish the book.<br />
Mr. S. B. Banerjea is shortly publishing a serial<br />
story, entitled “Miss Ray of Krishnagar,” which<br />
will appear in a Madras paper. It will deal with<br />
the Indian unrest, and point out wherein, in the<br />
author's judgment, India’s peril lies.<br />
Dr. A. K. Coomaraswaney has an article on<br />
Indian Bronzes in the May number of the<br />
Burlington Magazine.<br />
Miss K. Everest's new song, “Wake up, Eng-<br />
land l’’ (a copy of which was graciously accepted<br />
by H.M. the King) is now published by Stanley<br />
Webb, 10, Museum Street, W.C.<br />
We have just received Wol. III. of “Travel and<br />
Exploration,” comprising the monthly issues from<br />
January to June, 1900. The volume is copiously<br />
illustrated from photographs which are well repro-<br />
duced, and contains many articles scarcely less<br />
interesting to the “home-bird” than to the<br />
traveller. Messrs. Witherby & Co., of 326, High<br />
Holborn, W.C., are the publishers, and Mr. E. A.<br />
Reynolds-Ball the Editor of this volume.<br />
Messrs. Methuen & Co. are just issuing a book<br />
of Anecdotes of Big Cats and other Beasts, by<br />
Mr. David Wilson.<br />
Mrs. Champion de Crespigny’s new book is to<br />
be published by Messrs. Mills and Boon in August.<br />
It is called “The Walley of Achor,” and deals with<br />
modern life. The scene of the story is laid in<br />
England.<br />
Rev. Telford Warley, B.Sc., who wrote the text<br />
of “Hampshire" for Messrs. Black's series of<br />
“Colour-Books,” has expanded the section in the<br />
book dealing with Winchester and its immediate<br />
surroundings, and it will be published in separate<br />
form with a scene of Mr. Wilfrid Balls' illustra-<br />
tions from “Hampshire.”<br />
During the past month, the Abbey Theatre<br />
Company, under the management of Lady Gregory<br />
and Mr. W. B. Yeats, has been on a visit to<br />
London. Among the members of the society<br />
whose plays have been staged at the Court Theatre<br />
are Mr. William Boyle, Lord Dunsany, Lady<br />
Gregory, and Mr. W. B. Yeats.<br />
Mr. Boyle's comedy, “The Eloquent Dempsy,”<br />
and Lord Dunsany's piece, “The Glittering Gate,”<br />
were produced on June 6; Lady Gregory's three-<br />
act play, “The Image,” on June 1, followed<br />
by her one-act play, “The Rising of the Moon”;<br />
while Mr. Yeats’ “ Kathleen ni Houlihan,”<br />
followed Lady Gregory’s “Workhouse Ward,” on<br />
June 3.<br />
The late Mr. J. M. Synge's “Playboy of the<br />
Western World” was also included in the com-<br />
pany's répertoire. The company's cast includes<br />
Miss Sarah Allgood, Mr. J. A. O’Rouke, Miss<br />
Eileen O'Doherty, and Mr. Sydney J. Morgan.<br />
Mrs. Angelo Savi's little sketch, “Love is<br />
Passing,” was produced for the first time by Mr.<br />
Clive Currie at the Rehearsal Theatre, Maiden<br />
Lane, on May 23, before a crowded house.<br />
“The Image,” a new play in three acts by Lady<br />
<br />
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TFIE AUTISIOR.<br />
265<br />
Gregory, was produced at the Court. Theatre, on<br />
June 1. In the cast were Arthur Sinclair, Fred<br />
O'Donovan, and Miss Sara Allgood.<br />
Mr. Henry Arthur Jones's comedy, “The Case of<br />
Rebellious Susan,” was revived at the Criterion<br />
Theatre early last month. Sir Charles Wyndham,<br />
Miss Mary Moore, Miss Ellis Jeffreys, and Mr.<br />
Sam Sothern were in the cast.<br />
Miss Myra Swan appeared at the Grand Opera<br />
House, Middlesbrough, on May 9, as Kitty in<br />
“The Marriage of Kitty,” with Mr. C. W.<br />
Standing and Miss Winifred Pearson, and is now<br />
On tour. -<br />
& —º- a<br />
w —sº- -<br />
PARIS NOTES.<br />
—º-º-º-<br />
HE late Jules Renard was a member of the<br />
Goncourt Academy. He was a comparatively<br />
young man, so that the news of his death<br />
came as a surprise to all, but his intimate friends.<br />
He was a literary man in the best sense of that<br />
term. His originality consisted in transcribing<br />
life as he saw it. With Jules Renard there was no<br />
seeking for effect, no novels written for the sake of<br />
preaching a theory. He saw nature as it is, and<br />
human beings as they are, and he endeavoured to<br />
show them to us. He was a great lover of the<br />
country and of the simple life.<br />
In England, Jules Renard was known by his<br />
famous play, Carrots. He painted the peasants<br />
of Central France admirably. He was essentially<br />
a realist, but there was poetry in his realism. One<br />
of his critics very aptly calls him the Bastien<br />
Lepage of literature.<br />
The second volume of the “Correspondance du<br />
duc d'Aumale et de Cuvillier Fleury' has just<br />
appeared. It has been compiled by M. Limbourg,<br />
and has a preface by M. René Wallery-Radot. It<br />
commences in 1848, when the Duc d'Aumale and<br />
the Prince de Joinville join the exiled royal family.<br />
In a series of letters we have an account of many<br />
tragic events. In 1850 there is the death of the king;<br />
then the Crimean War ; the death of the Duchesse<br />
de Nemours and of the Duchesse d’Orléans, and<br />
the Italian war.<br />
Pierre Mille has accustomed us to expect from<br />
his pen true pictures of colonial life, and of the<br />
difficulties of the Westerner in his dealings with<br />
the extreme Orient. His stories are tragic and<br />
pathetic, with a fine vein of humour running<br />
through them. Barnavaux is a very living<br />
personage to all who have read Pierre Mille's last<br />
volumes. “La Biche écrasée '' is the title of this<br />
new book of short stories. The author shows<br />
himself here in a new light. He is a keen observer<br />
always, and he handles his subjects with delicacy,<br />
but he paints his pictures in this volume wherever<br />
he finds a good subject. “La Biche écrasée,”<br />
which gives its title to the volume, is merely an<br />
episode, too slight even to be called a story. There<br />
is no attempt at criticism of the things described,<br />
no moral given to us in words, but just a touch<br />
with the brush of an artist, showing up in a<br />
few strokes all the cruelty and the pity of the<br />
incidents described, the crushing of the weak by the<br />
strong, the barbarism of our vaunted civilisation.<br />
“Le Bon Père,” in the same book, is veiled satire<br />
on our social system. “Repos hebdomadaire ‘’<br />
shows us the utility of voting laws. “Le Secret ’’<br />
is a tragic domestic episode, and “La Peur” a<br />
weird story told by a sculptor. There are in all<br />
about twenty of these short stories, all told in the<br />
concise, dramatic way which is the secret of Pierre<br />
Mille.<br />
“Trois amies de Chateaubriand ” is the title of<br />
a charming book by André Beaunier. It is both.<br />
historical and romantic. The three principal<br />
persons of whom the author writes are Pauline de<br />
Beaumont, Juliette Récamier and Hortense Allard.<br />
The other friends are Delphine de Custine, Nathalie<br />
de Noailles and Madame de C. The love affairs of<br />
Chateaubriand have tempted the pen of many<br />
writers but there is always something fresh to tell,<br />
and André Beaumier has obtained fresh information<br />
from many sources.<br />
“La Brèche,” by Bradais one of the most dramatic<br />
of this popular author's novels. The story is based<br />
on one of those cruel problems so difficult for mere<br />
on-lookers to solve. The characters immediately<br />
concerned in this problem solve it for themselves<br />
in Brada's story, knowing full well the sacrifices<br />
that they must be prepared to make. Their life is<br />
one long effort to bear the burden themselves,<br />
silently and uncomplainingly. Circumstances<br />
occur which make it necessary for others to share<br />
their secret. They pay to the uttermost farthing<br />
the penalty of what by some people would be<br />
deemed a sin and by others the only natural solu-<br />
tion to their problem. The story is admirably<br />
told and each character is a living personage.<br />
There is atmosphere in every scene, common sense<br />
mingled with romance, and a fine robust philosophy<br />
of life pervading the whole story.<br />
Madame Emilio de Bobadillo, the wife of the cele-<br />
brated Spanish writer (Fray Candil), has completed<br />
her series of lectures in Paris on Spanish art. She<br />
has spoken of Velasquez, Murillo and Zurbaran,<br />
and her lectures have been illustrated by dissolving<br />
views of the pictures of which she has spoken. She<br />
is to repeat these lectures at Brussels in French,<br />
and she will give them later on in London in<br />
English.<br />
<br />
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<br />
266<br />
TISIE AUTISIOR.<br />
In the Revue des Deua, Mondes there is an<br />
extremely interesting article by M. Georges Goyau<br />
on “Bismarck et la Papauté.”<br />
A number of articles on Roosevelt have appeared<br />
in the various French reviews. “Théodore Roose-<br />
velt et la Constitution américaine,” by M. René<br />
Millet, French Ambassador, in L'Opinion<br />
(April 23). “Le Président Roosevelt,” by M.<br />
Fanin Roy, in the April number of France-<br />
Amérique. “Le vrai Roosevelt,” by M. Gulglielmo<br />
Ferrero, in Le Figaro.<br />
In La Revue hebdomadaire M. René Moulin has<br />
been writing some articles on “Force et Faiblesse<br />
de la Jeune Turquie.” M. Frantz Funck-Brentano<br />
on “L’Eglise de France et la Révolution.”<br />
ALYS HALLARD.<br />
“Correspondance du duc d'Aumale et de Cuvillier<br />
Fleury” (Plon).<br />
“La Biche écrasée" (Calmann-Lévy).<br />
“La Brèche" (Plon).<br />
a—º- a<br />
w-v-w<br />
PUBLISHERS’ AGREEMENTS.<br />
—º-º-º-<br />
I.<br />
HE offer that we print below was made<br />
| recently by Mr. John Long to a member of<br />
our society.<br />
Dear 5<br />
It is much to be regretted that the sales of your<br />
two novels have not come up to our expectations,<br />
and, in the over-crowded state of the fiction market,<br />
it is difficult to know what to do with the above.<br />
The tale is certainly well written, but then, on the other<br />
hand, there is always a large number of well-written tales<br />
before the public. Its publication must, therefore, be<br />
attended with the greatest risk, but, as I have already<br />
published two of your books, I should like to try a third,<br />
only, however, on the clear and distinct understanding<br />
that I have the first refusal of your next nine new novels,<br />
which, if accepted, shall be published on the terms set out<br />
below.<br />
I understand you are not prepared to further finance<br />
your literary work. Therefore I am willing to buy the<br />
copyright of the present one for £15, and, over and above<br />
that sum, find all the money for publishing it. I should<br />
also find all the money for publishing the other nine new<br />
novels.<br />
TERMS FOR THE SAID NINE Nov FLS.<br />
NOS. 1, 2, and 3.<br />
6s. Edition 1s. per copy, after the sale of the first nine<br />
hundred copies.<br />
Colonial Edition 2d. per copy, after the sale of the<br />
first four hundred copies.<br />
Sevenpenny Cloth Edition (if any) 3d. per copy on all<br />
Sales.<br />
Siapenny Edition (if any) 15s. per thousand Sales.<br />
Cheaper Edition or Editions, except above (if any) 5<br />
per cent. of the nominal published price on all<br />
copies sold.<br />
American, Foreign, and Serial Rights (if any) 25 per<br />
cent. of the net sum received.<br />
NOS. 4, 5, and 6.<br />
68. Edition Is. per copy, after the sale of the first five<br />
hundred copies.<br />
Colonial Editions 2d. per copy, after the sale of the<br />
first three hundred copies.<br />
Other Royalties as for Nos. 1, 2, and 3.<br />
Nos. 7, 8, and 9.<br />
68. Edition 18, per copy, after the sale of the first four<br />
hundred copies.<br />
Colonial Edition 2d. per copy, after the sale of the<br />
first two hundred copies.<br />
Other Royalties as for Nos. 1, 2, and 3.<br />
It must be clearly understood that the royalties on the<br />
68. edition of each of the above nine novels are to be paid<br />
only if the book is to be published at the outset at this<br />
price. If not, then as regards Nos. 1, 2, and 3 the royalty<br />
to be 10 per cent. after the sale of the first 1,750. As to<br />
Nos. 4, 5, and 6, 10 per cent. after the sale of the first 1,000,<br />
and, as regards Nos. 7, 8, and 9, 10 per cent. after the sale<br />
of the first 750 copies.<br />
I am bitterly opposed to novels being published at less<br />
than 68, at the commencement, but we must provide for all<br />
eventualities in the publishing world, where, undoubtedly,<br />
the trend is for cheapness. -<br />
Each tale to be of present day life, with plenty of love<br />
. incident, and to contain not less than 80,000 words<br />
€2,CIl.<br />
Two novels of yours to be published yearly about January<br />
#. Jº and delivery to take place during September and<br />
2.TCI). -<br />
On hearing favourably from you I will send you the<br />
cheque for £15, also the agreement.<br />
Faithfully Yours,<br />
(Signed) JOHN LONG.<br />
We have printed previously in The Author<br />
somewhat similar offers from the same publisher.<br />
In order to put the case clearly before the members<br />
of our society, we will consider the case of a single<br />
book, and assume that an edition of 1,500 copies<br />
is printed and that 900 of these are sold in the<br />
English edition, 400 are sold in the Colonial<br />
edition, and 100 are given away for review and other<br />
purposes, leaving an unsold remainder of 100<br />
copies. The result from the financial point of<br />
view would then be roughly as follows: the sale of<br />
900 copies would bring the publisher about £150 ;<br />
the sale of 400 copies to the colonies in sheets might<br />
bring the publisher, say, another £20, so that, if the<br />
first edition was sold out, the publisher would have<br />
obtained £170 and the author nothing. The pub-<br />
lisher would, after covering the cost of production<br />
and advertising, have been able to put from £40<br />
to £50 into his own pocket. Probably he would<br />
make this sum in six months, and thus have the<br />
opportunity of turning over his capital at a hand:<br />
some profit twice in the year. It will be noticed<br />
that, even with a sale of much smaller numbers,<br />
the percentage on his capital is ample. This, then,<br />
if the book has a fair sale, is a good bargain for<br />
the publisher but a very bad one for the author.<br />
We would only add that, while it is a mistake<br />
for an author to bind himself to a publisher for<br />
more than one book, to bind himself for nine<br />
books is disastrous. An author should make his<br />
<br />
<br />
## p. (#679) ################################################<br />
<br />
TISIE AUTISIOR.<br />
267<br />
publisher an agent for the publication of the work<br />
in book form only, subject to limitations of time,<br />
price, country, and number of edition. To hand<br />
over to a publisher other rights may be as<br />
disastrous as handing over the publication of more<br />
than one volume.<br />
II.<br />
The next agreement, to which we desire to draw<br />
attention, is a common form of agreement issued<br />
by Messrs. George Allen & Sons. We print this<br />
document at length :—<br />
MEMORANDUM OF AGREEMENT made the day of<br />
19 , between , hereinafter referred to as the<br />
author of the one part and , hereinafter referred to<br />
as the publishers of the other part, whereby it is mutually<br />
agreed between the parties thereto for themselves and<br />
their respective heirs, successors, executors, and assigns, as<br />
follows:–<br />
1. The publishers will, at their own expense, produce<br />
and publish the author's work at present entitled<br />
consisting of about thousand words.<br />
2. The author will deliver the complete manuscript to<br />
the publishers on or before next. (This is of the<br />
essence of the contract.) And the publishers undertake to<br />
issue the work not later than º<br />
3. The copyright is hereby vested in the publishers, who<br />
shall have the entire control of the publication and terms<br />
of sale of the work, and the author shall not, without the<br />
consent of the publishers, publish any abridgment, trans-<br />
lation, or dramatised version of the work.<br />
4. The publishing price in England of the first edition of<br />
the work shall not be less than , and the publishers<br />
shall pay the following royalties, i.e.,<br />
The author shall be entitled during the continuance of<br />
the copyright to a royalty of per cent. of the pub-<br />
lished price of all copies sold in Great Britain up to<br />
copies. -<br />
A royalty of<br />
British Colonies.<br />
A royalty of per cent. of the published price of all<br />
copies exported to America, or, if the book be copyrighted<br />
there, to one half the total amount received from the<br />
American publishers.<br />
A royalty of 10 per cent. on the amount realised in the<br />
event of the book being sold as remainders.<br />
5. Accounts shall be made up annually as on the 31st<br />
December and shall be settled on or before the 30th April<br />
following. In taking the accounts thirteen copies shall be<br />
reckoned as twelve (or twenty-five as twenty-four, as the<br />
case may be); copies supplied for review and presentation<br />
shall not be subject to royalty; and author's corrections<br />
exceeding an average cost of shillings per sheet of<br />
thirty-two pages shall be at the author's expense and be<br />
deducted from the author's royalty. The author shall be<br />
entitled to copies of the work free of charge.<br />
6. The author guarantees that the work does not infringe<br />
the copyright of any other person, and that it contains<br />
nothing of a Scandalous character, and will indemnify the<br />
publishers from all loss, costs, and damages for actual or<br />
alleged infringement of copyright, libel, or otherwise, in<br />
consequence of or arising out of the publication of the<br />
work.<br />
7. The author during his life shall, on the publishers'<br />
request, Tevise, and if necessary edit, and prepare for the<br />
press all future editions which the publishers shall decide<br />
to publish, and from time to time supply any new matter<br />
that may be needful to keep the work up to date. In the<br />
event of the author's death, or of his inability, by reason of<br />
}<br />
pence per copy on all sold in the<br />
illness, absence from England, or otherwise, to do so, the<br />
cost of such revision and preparation shall be borne<br />
equally by the author or his representatives, and the pub-<br />
lishers and the author's share of such cost shall be a charge<br />
upon and be deducted from the author's royalty.<br />
8. If the publishers shall, after the whole of the first or<br />
any later edition shall have been sold, and after not less<br />
than six months' notice in writing from the author,<br />
decline or neglect to publish a new edition, they shall at<br />
the author's cost assign the copyright to the author ; and<br />
in case of such assignment the author shall take over all<br />
plates, stones, blocks, moulds, etc., specially made for the<br />
work and which could be used for the production of<br />
another edition, at two-thirds of the original cost.<br />
9. The expression “the publishers” shall be deemed to<br />
include, where the context so admits, the person or persons<br />
for the time being constituting the firm of e<br />
AS WITNESS the hands of the author and of the said firm<br />
Of by two of its members.<br />
No author can be recommended to sign this<br />
agreement as it stands. Many publishing firms<br />
issue agreements drawn distinctly in their favour,<br />
but when they find that the author has full know-<br />
ledge of the clauses likely to prove oppressive,<br />
they are generally willing to make modifications<br />
and not infrequently to accept all or most of the<br />
author's emendations and alterations.<br />
In this particular case the firm which issued<br />
this agreement stated, so we are informed, that no<br />
publisher nowadays thinks of entering into an<br />
agreement with an author unless the author con-<br />
sents to transfer his copyright. In actual fact the<br />
exact opposite is the case.<br />
In the first instance let us consider the parties.<br />
The agreement should be made between the author<br />
and the publisher only. The contract should be<br />
personal to the publisher and should not be with<br />
his respective heirs, executors, successors and<br />
assigns. Clause 1 does not call for any particular<br />
comment, but in clause 2 the inequality of the<br />
agreement is immediately evident. The publisher<br />
seeks to bind the author to deliver the MS. by a<br />
fixed date and to make time the essence of the<br />
contract, but there is no corresponding obligation<br />
on his part to make time the essence of the<br />
contract when the question arises as to the<br />
date of publication. If it is important for<br />
the publisher that time should be made the<br />
essence of the contract it is even more important<br />
for the author. Clause 3 is a clause to which<br />
particular attention should be drawn. The author<br />
should never transfer his copyright to a publisher.<br />
How often has this statement been made in these<br />
columns ! But so long as publishers insist upon<br />
inserting clauses of this kind in their agreements,<br />
so long must the repetition of the formula be<br />
printed : “The author must never transfer his<br />
copyright to the publisher.” The reasons for<br />
this are manifold, but it is not necessary to<br />
repeat them at the present time. The author<br />
should grant to the publisher a licence to publish<br />
<br />
<br />
## p. (#680) ################################################<br />
<br />
268<br />
TISIE AUTISIOR.<br />
the work in book form only, at a fixed price and<br />
in a form to be mutually agreed between the parties.<br />
The latter part of clause 3 we have met in other<br />
agreements. It may be reasonable that the author<br />
should not be permitted to publish an abridgment of<br />
his work without the consent of the publisher, if<br />
such abridgment is likely to detract from the<br />
value to the publisher of his contract, but that the<br />
author should not be allowed to publish a trans-<br />
lation or dramatised version of his work is an absurd<br />
prohibition. To the ordinary author, who trusts<br />
his publisher, it might appear that he had merely to<br />
inform the publisher that he had received an offer<br />
for such translation or dramatisation, and the pub-<br />
lisher would, as a matter of course, without any<br />
demur, grant his consent. We have, however, met<br />
a publisher—not the one whose agreement is before<br />
us—who has, in such circumstances, withheld his<br />
consent until the author agreed to give him 50 per<br />
cent. of the profits. The words must, therefore, be<br />
struck out of the clause. In clause 4 it is quite<br />
right that the published price should be settled, but<br />
not for the first edition only. The publisher should<br />
only be granted a licence to publish at agreed<br />
prices. It will be noticed in clause 4 that although<br />
the author has sold the copyright to the publisher,<br />
there is no stipulation made for any payment to<br />
the author if the work is placed serially, or if the<br />
publisher chooses to sell translation rights. The<br />
royalties to be paid are only on the English,<br />
Colonial, and American editions, and in the last-<br />
mentioned case, supposing the author, by his own<br />
unaided efforts, succeeds in obtaining American<br />
copyright, he will have to pay half the total amount<br />
to the publishers. In the last paragraph of the<br />
clause the author should be given a larger measure<br />
of control. The publisher should not be allowed to<br />
remainder when he likes without considering the<br />
author's position. The account clause, again, is<br />
very unsatisfactory, for if the book were published in<br />
January—a not uncommon month in which to pub-<br />
lish books—the author would not receive any money<br />
until the following April year. As the largest sales<br />
of a book occur during the first three or four<br />
months, the publisher would hold the author's<br />
money for twelve months. One enterprising<br />
author has worked out an interesting mathematical<br />
sum by which he shows how a publisher, by means<br />
of an account clause drawn on these lines, could<br />
run the expenses of his business on moneys belong-<br />
ing to authors which he had in hand. . The ques-<br />
tion of thirteen copies being reckoned as twelve<br />
in the rendering of accounts has been explained<br />
over and over again in these columns. We do<br />
not desire to repeat the warning. Clause 7 should<br />
be deleted entirely. The author of the work alone<br />
should have the right of revision. The clause as to<br />
revision refers only to technical books and Scientific<br />
works et hoc genus omne which necessarily require<br />
to be re-edited with the development of knowledge<br />
or the alteration of methods. If the author desires<br />
to retain control as to revision, then he should<br />
limit the publisher, in the first clause, not only to<br />
the right of publication in book form at a fixed<br />
price but also to a limited edition. He can always<br />
offer the publisher the option of producing further<br />
editions, subject to any revisions or alterations he<br />
may desire incorporated. The clause as it stands<br />
must, as we have remarked, be deleted. Clause 8<br />
would be unnecessary if the agreement were drawn<br />
on the lines we have suggested, but if the author<br />
has sold the copyright to the publisher, and the<br />
latter chooses to assign it to some other house, it<br />
is not likely that the assignee will be bound by<br />
clause 8, and, in any event, that the book should<br />
be out of print for six months is very unsatisfactory<br />
to the author. The publisher should be bound,<br />
in order to show his bona fides, to publish a new<br />
edition of at least five hundred copies, and the<br />
author should not be bound to take over the<br />
moulds, stones, etc. He might have the option of<br />
taking them over at a valuation. If he takes<br />
them over at two-thirds cost, first, they may not<br />
be in good condition, and secondly, he is practically<br />
insuring the publisher against any loss from the<br />
publication of the book. Clause 9 should be<br />
deleted for the reason given at the beginning of<br />
this article.<br />
—e—º-e—<br />
MAGAZINE CONTENTS.<br />
—e-º-e—<br />
BOOKMAN.<br />
The Humour of Mark Twain. By Barry Pain. *<br />
Mark Twain, The Man and The Jester. By Walter<br />
Jerrold. - .<br />
Thomas Hardy.<br />
ENGLISH REVIEW.<br />
The Handling of Words : Meredith. Henry James<br />
By Vernon Lee. - -<br />
The Dramatic Sense. By Gilbert Cannan.<br />
Through the French Salons. By C. F. Keary.<br />
The Women of Shakespeare. By Frank Harris.<br />
FORTNIGHTLY.<br />
Tourguenieff. By Francis Gribble.<br />
Tourguenieff and the Life Illusion.<br />
Curle.<br />
A Philosophic Emperor.<br />
Wm. Quiller Orchardson.<br />
Walt Whitman—the Poet of Nature.<br />
M.D.<br />
Sterne's Eliza. By Lewis Melville.<br />
The Last Meeting with Bjornson.<br />
NATIONAL.<br />
Lyttelton as a Man of Letters. By Austin Dobson.<br />
A King of Manuscript Collectors. By W. Roberts.<br />
A Poet’s Prose. By Mrs. T. A. Trollope.<br />
By Richard H. P.<br />
By W. L. Courtney.<br />
By Mrs. Alec Tweedie.<br />
By J. Johnston,<br />
<br />
<br />
## p. (#681) ################################################<br />
<br />
TISIE AUTISIOR.<br />
269<br />
HOW TO USE THE SOCIETY.<br />
—e-C-0–<br />
1. 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. The<br />
Secretary of the Society is a solicitor; but if there is any<br />
special reason the Secretary will refer the case to the<br />
Solicitors of the Society. Further, the Committee, if they<br />
deem it desirable, will obtain counsel's opinion without<br />
any cost to the member. Moreover, where counsel's<br />
opinion is favourable, and the sanction of the Committee<br />
is obtained, action will be taken on behalf of the aggrieved<br />
member, and all costs borne by the Society.<br />
2. Remember that questions connected with copyright<br />
and publishers' agreements do not fall within the experi-<br />
ence of ordinary solicitors. Therefore, do not scruple to use<br />
the Society.<br />
3. Before signing any agreement whatever, send<br />
the document to the Society for examination.<br />
4. Remember always that in belonging to the Society<br />
you are fighting the battles of other writers, even if you<br />
are reaping no direct benefit to yourself, and that you are<br />
advancing the best interests of your calling in promoting<br />
the independence of the writer, the dramatist, the composer.<br />
5. The Committee have arranged for the reception of<br />
members' agreements and their preservation in a fire-<br />
proof safe. The agreements will, of course, be regarded as<br />
confidential documents to be read only by the Secretary,<br />
who will keep the key of the safe. The Society now offers:<br />
(1) To stamp agreements in readiness for a possible action<br />
upon them. (2) To keep agreements. (3) To enforce<br />
payments due according to agreements. Fuller particu-<br />
lars of the Society’s work can be obtained in the<br />
Prospectus.<br />
6. No contract should be entered into with a literary<br />
agent without the advice of the Secretary of the Society.<br />
Members are strongly advised not to accept without careful<br />
consideration the contracts with publishers submitted to<br />
them by literary agents, and are recommended to submit<br />
them for interpretation and explanation to the Secretary<br />
of the Society.<br />
This<br />
7. Many agents neglect to stamp agreements.<br />
The<br />
must be done within fourteen days of first execution.<br />
Secretary will undertake it on behalf of members.<br />
8. Some agents endeavour to prevent authors from<br />
referring matters to the Secretary of the Society; so<br />
do some publishers. Members can make their own<br />
deductions and act accordingly.<br />
9. The subscription to the Society is £1 1s. per<br />
annum, or £10 10s. for life membership.<br />
a –a– a<br />
v-v-w<br />
WARNINGS TO THE PRODUCERS<br />
- OF BOOKS,<br />
—e-Q-e—<br />
ERE are a few standing rules to be observed in an<br />
agreement. There are four methods of dealing<br />
with literary property :—<br />
I. Selling it Outright.<br />
This is sometimes satisfactory, if a preper price can be<br />
obtained. But the transaction should be managed by a<br />
competent agent, or with the advice of the Secretary of<br />
the Society.<br />
II. A Profit-Sharing Agreement (a bad form of<br />
agreement).<br />
In this case the following rules should be attended to :<br />
(1.) Not to sign any agreement in which the cost of pro-<br />
duction forms a part without the strictest investigation.<br />
(2.) Not to give the publisher the power of putting the<br />
profits into his own pocket by charging for advertisements<br />
in his own organs, or by charging exchange advertise-<br />
ments. Therefore keep control of the advertisements.<br />
(3.) Not to allow a special charge for “office expenses,”<br />
unless the same allowance is made to the author.<br />
(4.) Not to give up American, Colonial, or Continental<br />
rights. -<br />
(5.) Not to give up serial or translation rights.<br />
(6.) Not to bind yourself for future work to any publisher.<br />
As well bind yourself for the future to any one solicitor or<br />
doctor |<br />
III. The Royalty System.<br />
This is perhaps, with certain limitations, the best form<br />
of agreement. It is above all things necessary to know<br />
What the proposed royalty means to both sides. It is now<br />
possible for an author to ascertain approximately the<br />
truth. From time to time very important figures connected<br />
with royalties are published in The Author.<br />
IV. A Commission Agreement.<br />
The main points are :—<br />
(1.) Be careful to obtain a fair cost of production.<br />
(2.) Keep control of the advertisements.<br />
(3.) Keep control of the sale price of the book.<br />
General.<br />
All other forms of agreement are combinations of the four<br />
above mentioned.<br />
Such combinations are generally disastrous to the author,<br />
Never sign any agreement without competent advice from<br />
the Secretary of the Society.<br />
Stamp all agreements with the Inland Revenue stamp.<br />
Avoid agreements by letter if possible.<br />
The main points which the Society has always demanded<br />
from the outset are :-<br />
(1.) That both sides shall know what an agreement<br />
In 62, DS. -<br />
(2.) The inspection of those account books which belong<br />
to the author. We are advised that this is a right, in the<br />
nature of a common law right, which cannot be denied or<br />
withheld.<br />
(3.) Always avoid a transfer of copyright.<br />
—e—º-e—<br />
WARNINGS TO DRAMATIC AUTHORS,<br />
EVER sign an agreement without submitting it to the<br />
Secretary of the Society of Authors or some com-<br />
petent legal authority.<br />
2. It is well to be extremely careful in negotiating for<br />
the production of a play with any one except an established<br />
manager.<br />
3. There are three forms of dramatic contract for plays<br />
in three or more acts:—<br />
(a.) Sale outright of the performing right. This<br />
is unsatisfactory. An author who enters into<br />
such a contract should stipulate in the contract<br />
for production of the piece by a certain date<br />
and for proper publication of his name on the<br />
play-bills.<br />
<br />
<br />
## p. (#682) ################################################<br />
<br />
270<br />
TFIE AUTISIOR.<br />
(b.) Sale of performing right or of a licence to<br />
perform on the basis of percentages on<br />
gross receipts. Percentages vary between 5<br />
and 15 per cent. An author should obtain a<br />
percentage on the sliding scale of gross receipts<br />
in preference to the American system. Should<br />
obtain a sum in advance of percentages. A fixed<br />
date on or before which the play should be<br />
performed.<br />
(c.) Sale of performing right or of a licence to<br />
perform on the basis of royalties. (i.e., fixed<br />
nightly fees). This method should be always<br />
avoided except in cases where the fees are<br />
likely to be small or difficult to collect. The<br />
other safeguards set out under heading (b.) apply<br />
also in this case.<br />
4. Plays in one act are often sold outright, but it is<br />
better to obtain a small nightly fee if possible, and a sum<br />
paid in advance of such fees in any event.<br />
important that the amateur rights of one-act plays should<br />
be reserved.<br />
5. Authors should remember that performing rights can<br />
be limited, and are usually limited, by town, country, and<br />
time, This is most important.<br />
6. Authors should not assign performing rights, but<br />
should grant a licence to perform. The legal distinction<br />
is of great importance.<br />
7. Authors should remember that performing rights in a<br />
play are distinct from literary copyright. A manager<br />
holding the performing right or licence to perform cannot<br />
print the book of the words.<br />
8. Never forget that United States rights may be exceed-<br />
ingly valuable. They should never be included in English<br />
agreements without the author obtaining a substantial<br />
consideration.<br />
9. Agreements for collaboration should be carefully<br />
drawn and executed before collaboration is commenced.<br />
10. An author should remember that production of a play<br />
is highly speculative : that he runs a very great risk of<br />
delay and a breakdown in the fulfilment of his contract.<br />
He should therefore guard himself all the more carefully in<br />
the beginning.<br />
11. An author must remember that the dramatic market<br />
is exceedingly limited, and that for a novice the first object<br />
is to obtain adequate publication.<br />
As these warnings must necessarily be incomplete, on<br />
account of the wide range of the subject of dramatic con-<br />
tracts, those authors desirous of further information<br />
are referred to the Secretary of the Society.<br />
—A- a<br />
~~<br />
REGISTRATION OF SCENARIOS AND<br />
ORIGINAL PLAYS.<br />
–0-sº-0–<br />
It is extremely<br />
DRAMATIC AUTHORS AND AGENTS.<br />
Sº typewritten in duplicate on foolscap paper<br />
forwarded to the offices of the Society, together with<br />
a registration fee of two shillings and sixpence, will<br />
be carefully compared by the Secretary or a qualified assis-<br />
tant. One copy will be stamped and returned to the author<br />
and the other filed in the register of the Society. Copies<br />
of the scenario, thus filed may be obtained at any time by<br />
the author only at a small charge to cover cost of typing.<br />
Original Plays may also be filed subject to the same<br />
rules, with the exception that a play will be charged for<br />
at the price of 28. 6d. per act.<br />
—º-º-º-<br />
RAMATIC authors should seek the advice of the<br />
Society before putting plays into the hands of<br />
agents. . As the law stands at present, an agent<br />
who has once had a play in his hands may acquire a<br />
perpetual claim to a percentage on the author's fees<br />
from it. As far as the placing of plays is concerned,<br />
it may be taken as a general rule that there are only<br />
very few agents who can do anything for an author<br />
that he cannot, under the guidance of the Society, do<br />
equally well or better for himself. The collection of fees<br />
is also a matter in which in many cases no intermediary is<br />
required. For certain purposes, such as the collection of<br />
fees on amateur performances, and in general the trans-<br />
action of frequent petty authorisations with different<br />
individuals, and also for the collection of fees in foreign<br />
countries, almost all dramatic authors employ agents; and<br />
in these ways the services of agents are real and valuable.<br />
But the Society warns authors against agents who profess<br />
to have influence with managers in the placing of plays, or<br />
who propose to act as principals by offering to purchase<br />
the author's rights. In any case, in the present state of<br />
the law, an agent should not be employed under any<br />
circumstances without an agreement approved of by the<br />
Society.<br />
—e—Q-e—<br />
WARNINGS TO MUSICAL COMPOSERS.<br />
ITTLE can be added to the warnings given for the<br />
assistance of producers of books and dramatic<br />
authors. It must, however, be pointed out that, as<br />
a rule, the musical publisher demands from the musica)<br />
composer a transfer of fuller rights and less liberal finan-<br />
cial terms than those obtained for literary and dramatic<br />
property. The musical composer has very often the two<br />
rights to deal with—performing right and copyright. He<br />
should be especially careful therefore when entering into<br />
an agreement, and should take into particular consideration<br />
the warnings stated above.<br />
—e—sº-0–<br />
STAMPING MUSIC.<br />
The Society undertakes to stamp copies of music on<br />
behalf of its members for the fee of 6d. per 100 or part<br />
of 100. The members’ stamps are kept in the Society's<br />
safe. The musical publishers communicate direct with the<br />
Secretary, and the voucher is then forwarded to the<br />
members, who are thus saved much unnecessary trouble.<br />
—e—Q-e—<br />
THE READING BRANCH,<br />
——e-e—<br />
EMBERS will greatly assist the Society in this<br />
branch of its work by informing young writers<br />
of its existence. Their MSS. can be read and<br />
treated as a composition is treated by a coach. The term<br />
MSS. includes not only works of fiction, but poetry<br />
and dramatic works, and when it is possible, under<br />
special arrangement, technical and scientific works. The<br />
Readers are writers of competence and experience. The<br />
fee is one guinea.<br />
—º-<br />
REMITTANCES.<br />
—º-º-º-<br />
The Secretary of the Society begs to give notice<br />
that all remittances are acknowledged by return of post.<br />
All remittances should be crossed Union of London and<br />
Smiths Bank, Chancery Lane, or be sent by registered<br />
letter only.<br />
<br />
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<br />
TISIE AUTISIOR.<br />
271<br />
GENERAL NOTES.<br />
—º-º-º-<br />
MEMBERS are reminded that The Author is not<br />
published in August or September. The next issue<br />
will appear in October.<br />
GOGOL CENTENARY, 1909.<br />
THE Russian “Society of the Friends of Russian<br />
Iliterature" has very courteously sent us the<br />
Official Report of the Centenary of Gogol. The<br />
volume contains a very full record of the pro-<br />
ceedings on the actual centenary of the birth of<br />
Gogol, March 29, and on the three days of the<br />
festivities, April 26, 27, and 28, 1909. The<br />
unveiling of the Gogol Memorial Statue at Moscow<br />
took place on April 26, having been preceded by a<br />
solemn requiem mass in the Cathedral of the<br />
Saviour. A considerable number of papers on<br />
Gogol were read during the festivities, and will be<br />
welcomed by the students of Russian literature as<br />
substantial additions to what has been hitherto<br />
known of the celebrated novelist. After a com-<br />
plete record of all the letters of congratulation and<br />
sympathy (accompanied in the case of those in<br />
foreign languages by Russian translations) received<br />
by the committee, the volume concludes with a list<br />
of the memorial wreaths offered. Two illustrations<br />
present a portrait of Gogol and a view of the<br />
Gogol Memorial Statue. The letter of the “Society<br />
of Authors” will be found on page 245.<br />
AUTHORS AND PUBLISHERS.<br />
WE are interested to see that authors and pub-<br />
lishers met in friendly rivalry on Lord's Cricket<br />
Field on Derby Day, June 1. The match was<br />
just too late to chronicle in the June number, but<br />
we must even at this late date congratulate the<br />
authors who were successful, though the match was<br />
an exciting one. Mr. Snaith and Mr. Hesketh<br />
Prichard made the highest scores for the authors ;<br />
Mr. Dene and Mr. Longman for the publishers.<br />
As far as the bowling was concerned, Mr. Hesketh<br />
Prichard and Mr. Irwin divided the honours for<br />
the authors, and Mr. Longman took the largest<br />
number of wickets for the publishers.<br />
In the second innings, there was one century<br />
scored on behalf of the authors by Mr. R. B. J.<br />
Scott, but the match had to be decided on the<br />
first innings.<br />
So accustomed is the public to give precedence<br />
to the publishers that we note with some amuse-<br />
ment that the heading of the cricket cards issued<br />
on the ground runs “Publishers and Authors.”<br />
We are glad that the authors upset this position as<br />
far as the result of the match is concerned.<br />
THE PRESIDENT OF THE SOCIETY<br />
AT the first meeting of the Committee after the<br />
seventieth birthday of the President of the Society,<br />
Mr. Thomas Hardy, the Committee, as representing<br />
the members of the Society, decided to send Mr.<br />
Hardy a letter of congratulation. We have much<br />
pleasure in printing below the letter that has been<br />
forwarded under the signature of the Chairman of<br />
the Committee, Mr. Maurice Hewlett, in accordance<br />
with this resolution :-<br />
“10th June, 1910.<br />
“MY DEAR HARDY,--I find that the Committee of our<br />
Society, in my absence, has laid upon me the happy duty<br />
of congratulating you upon your recent seventieth birthday.<br />
This I do now, and heartily, in the name of us all. It is a<br />
matter of pride to me that it has fallen within my term of<br />
office to invite you to the Presidency of the Authors’<br />
Society and to have received your acceptance of the post.<br />
Collectively now, as individually always, we writers are<br />
able to follow and rejoice in your successes. You have set<br />
us from the very outset an example of literary sincerity and<br />
honour which, apart from your genius, cannot have failed<br />
to inspire and enhearten every one of us. It is a great<br />
matter for us, and for those who yet remain outside our<br />
body, that you should celebrate your seventieth year of life<br />
by the publication of a book of beautiful and stirring<br />
poetry. We look forward with confidence to further<br />
volumes, and sincerely wish you the health and vigour to<br />
accomplish what your mind may conceive.<br />
“Believe me to be, my dear Hardy,<br />
“Yours ever sincerely,<br />
“(Signed) MAURICE HEWLETT.”<br />
—e—º-e—<br />
UNITED STATES NOTES.<br />
—º-º-º-<br />
HE death of Mark Twain on April 21 over-<br />
shadows everything else in the recent<br />
annals of American literature, for Mr.<br />
Clemens was a national institution like Abraham<br />
Lincoln and Mr. Roosevelt, and was a typical<br />
American in other ways as well as a humorist.<br />
Before he commenced writing he had been painter,<br />
able editor, a pilot on the Mississippi, a confederate<br />
soldier, a miner. “Huckleberry Finn,”, “ Tom<br />
Sawyer,” “Roughing It,” and the travel books,<br />
long ago anticipated that “Autobiography” which<br />
is yet to come. It must also be said that if he<br />
was American in energy, versatility, acuteness, and<br />
humour, he was also American in superficiality<br />
and deficiency in the aesthetic sense. He was not<br />
content to hate humbug, he must"also contemn<br />
what he could not appreciate ; he had but little<br />
power of self-criticism.<br />
But if he was not precisely a great man, or even<br />
perhaps a great writer, he had elements of greatness<br />
both in his life and his work.<br />
The spontaneity of his humour by itselfgave him<br />
high rank amongst men of letters ; whilst the<br />
<br />
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272<br />
TISIE AUTISIOR.<br />
noble struggle which he made when entering upon<br />
old age to retrieve the failure of the Webster<br />
fiasco justifies a comparison with that of a great<br />
British author a century before. But Mark Twain<br />
was in this respect even more successful than<br />
Scott ; for he lived to see the fruit of his labours,<br />
and to enjoy an abundantly honoured old age. It is<br />
highly satisfactory to have the statement of the<br />
Harpers that his daughter is amply provided for.<br />
His other literary executor, besides Mrs.<br />
Gabrilowitsch, is Mr. Albert Bigelow Paine.<br />
We take this somewhat tardy opportunity of<br />
congratulating the Dial on its thirtieth birthday.<br />
The chorus of good wishes which came from east<br />
and west, old and young, must have been very<br />
pleasant to our contemporary to print ; it formed<br />
the best of all possible testimonials to the apprecia-<br />
tion which is felt for the Chicago organ as a force<br />
in literature.<br />
Mr. Charles Leonard Moore, in the anniversary<br />
number of the paper, has an interesting article<br />
upon “The Interregnum of American Literature.”<br />
He traces the existing “comparative dulness and<br />
poverty" more to an appetite for the didactic than<br />
to “the preaching and practice of the dogma of<br />
realism "; blames the magazines (justly, in our<br />
opinion) for their levelling-down tendencies; but<br />
makes his “last indictment " the fact that of<br />
late literature “has been edited for women.” He<br />
but<br />
finds signs of improvement in our prose ;<br />
concludes wisely that “until we believe in poetry<br />
again, we shall not be saved.”<br />
Meanwhile there comes a wail from Boston over<br />
the way editors get hold of promising fiction-<br />
writers and turn them on to other and more lucra-<br />
tive tasks, filling up their places with the detective<br />
story and “the frankly farcical adventures of<br />
missionaries in cannibal lands.” But the Wation<br />
leader-writer, like Mr. Moore, discerns indications<br />
of a return to better things; and we trust that he<br />
will prove right.<br />
New York, through the Bookman, contributes<br />
“The Confessions of a Literary Drummer,” who<br />
relates his efforts to sell books by describing them<br />
according to the methods of Walter Pater and<br />
Henry James. He tells how he heard a fellow-<br />
traveller give “the straight dope ’’ to a customer<br />
and beheld the latter's nodding assent. “This<br />
novel here is merchandise, and you want a hundred<br />
copies; this is literature, and one will about do<br />
you.” The testimony of a buyer in a big depart-<br />
ment store, one Hammelstein, was to the same<br />
effect ; he bought “novels of genuine literary<br />
merit” one at a time, and this Hammelstein was<br />
one whose aim was “to pick the winners.”<br />
Another customer, who was discovered in his<br />
cellar, allowed “there was quite a movement among<br />
some of the married ladies of the town to get their<br />
husbands to stay at home and read novels instead<br />
of playing poker down at the Elks' Club "; but,<br />
he added, “that's sorter died out.”<br />
And at the last, we are told how the poor<br />
“drummer’’ capitulates to commercialism and<br />
drops Pater and Mr. James.<br />
It has been announced that Booth Tarkington's<br />
father is also among the authors, he being identical<br />
with John Steventon, author of “The Hermit of<br />
Capri,” issued some time since by the Harpers.<br />
Two books by sailors stand out among spring<br />
publications. Rear-Admiral Chadwick has written<br />
a useful account of “The Relations of the United<br />
States and Spain,” which has historical merit,<br />
though it is naturally based chiefly on American<br />
material and requires supplementing from the other<br />
side.<br />
In his “Admiral’s Log,” Robley D. Evans con-<br />
tinues his breezy Recollections. Amongst other<br />
things, he tells how, before he set out for his<br />
Eastern cruise, President Roosevelt said that he<br />
sailed “with the confidence of the President more<br />
completely than any admiral ever did before,” and<br />
bade him realise his responsibility if the cruise<br />
should not turn out peaceful. The Admiral's account<br />
of his interview with the Dowager Empress of<br />
China is still more remarkable.<br />
In his “Recollections of a Varied Life " George<br />
Cary Eggleston draws a very attractive picture of<br />
Virginian life before the war, and later on narrates<br />
many anecdotes of his literary and journalistic<br />
career. An interesting feature is the more favour-<br />
able estimate than that usually current which is<br />
given of Bryant, to whom the author was assistant<br />
on the New York Evening Post.<br />
Miss Lois Kimball Matthews's book, “The<br />
Expansion of New England” is a substantial con-<br />
tribution to history, written in a clear and unpre-<br />
tending style, and illustrated by numerous excellent<br />
maps. -<br />
Winston Churchill, like so many other novelists,<br />
has attacked the American marriage question. His<br />
latest work, “A Modern Chronicle,” is admitted on<br />
all hands to show an advance in literary power.<br />
On the other hand, Marion Crawford's posthum-<br />
ous book, “The Undesirable Governess,” can hardly<br />
be said to show him at his best, though it has<br />
much undeniable cleverness.<br />
Prof. Brander Matthews, in “A Study of the<br />
Drama,” has crystallised the contents of much<br />
periodical writing. Whilst his grasp of the subject<br />
will be very generally conceded, not everyone will<br />
accept his views on the parochialism of Ibsen, or<br />
his defence of the practice of writing plays to fit<br />
players.<br />
A historical novel of rather unusual quality is<br />
“Nathan Burke,” by Mary S. Watts. It purports<br />
to be the autobiography of General Nathan Burke,<br />
<br />
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TFIE AUTISIOR.<br />
273<br />
a hero of the Mexican war and afterwards a mem-<br />
ber of the Ohio bar.<br />
Jack London's latest volume, a collection of<br />
stories entitled “Lost Face,” will please a very<br />
different set of readers, the hunters after “realism.”<br />
“The Life of Daniel Coit Gilman,” by Dr.<br />
Fabian Franklin, will be of interest to all educa-<br />
tionalists. The author was Dr. Gilman's colleague<br />
at Johns Hopkins, which was the chief but by no<br />
means the only field of his achievements.<br />
Our obituary list includes Prof. Alexander<br />
Agassiz, the well-known Zoologist, and President<br />
of the Calumet and Hecla Mining Company,<br />
who, born in Switzerland, graduated from Harvard<br />
in 1855 ; Orville Victor, who wrote much upon<br />
the Civil War ; Dr. Borden Parker Bowne,<br />
Dean of the Graduate School of Arts and Science,<br />
Boston University, and author of some excel-<br />
lent works on Philosophy and Ethics, several of<br />
which have been translated into various European<br />
languages; Myra Kelly (Mrs. Allan Macnaughton),<br />
a popular writer of short stories; William Graham<br />
Sumner, Professor of Political Science at Yale, and<br />
author of “A History of Banking, in the United<br />
States,” lives of Andrew Jackson, Alexander<br />
Hamilton, Robert Morris, and other works.<br />
THE FOURTEENTH INTERNATIONAL<br />
PRESS CONGRESS.<br />
—0-0-0–<br />
N writing in The Author for November, 1909,<br />
the account of the International Conference<br />
of the Press held in London, I had to say I<br />
could not follow the sequence, as the Thirteenth<br />
Congress of the Press would take place in Rome ;<br />
but as the Bureau Central has adopted the title of<br />
the Fourteenth Congress, for the one just held on<br />
board a liner on the Adriatic, presumably the Rome<br />
Congress will be the Fifteenth : by calling the<br />
London Congress an intervening Conference, did<br />
they wish to avoid the supposed evil number of<br />
thirteen P<br />
It was a most happy idea of President Wilhelm<br />
Singer to hold the Conference, at the end of May<br />
in 1910, on board a liner. The rendezvous was at<br />
Trieste, where the International Press men were<br />
cordially received. His Serene Highness the<br />
Governor of the Province, Prince Hohenlohe, His<br />
Excellency Dr. von Derschatta, the President of<br />
the Austrian Lloyds (upon whose liner, the Thalia,<br />
the Conference was to be held), the President of<br />
the Trieste Chamber of Commerce, the Mayor of<br />
Trieste, and other notables received the members<br />
in the great Hall of the Lloyds.<br />
As in the case of the London Conference the<br />
representatives were limited to two for each<br />
association, and as both the President, Mr.<br />
Arthur Spurgeon, and the Bureau representative,<br />
Mr. D. A. Louis, were out of England, Major<br />
Gratwicke represented the association, and Mr.<br />
James Baker took Mr. Louis' place on the Com-<br />
mittee of Direction. After a drive round the<br />
town, a banquet was held in the Hall of the<br />
Chamber of Commerce. Then, on the return to<br />
Trieste after a delightful run by boat to Capo<br />
d’Istria, a reception was given by Prince and<br />
Princess Hohenlohe at their official residence.<br />
The business of the Conference began at 9.30 a.m.<br />
on board the Thalia. The assembly was presided over<br />
by President Singer, supported by Prince Hohen-<br />
lohe, and the members of the Committee of Direction,<br />
including the General Secretary, M. Taunay, and<br />
Herr Schweitzer, the Hon. Treasurer. There were<br />
about 200 journalists present. The President,<br />
after the usual word of respectful reference to His<br />
Imperial and Apostolic Majesty Franz Joseph I.,<br />
at which the whole assembly stood, went on to<br />
speak of the historical event that had put the<br />
whole of the great English nation in mourning,<br />
the death of King Edward the VII. Their thanks,<br />
he continued, were due to their colleagues for the<br />
success of the London Conference. Prince<br />
Hohenlohe, in the name of the Austrian Govern-<br />
ment, then welcomed the members from the<br />
various nations. His words were emphatic upon<br />
the value of an open and free Press, for he said a<br />
Government that was enforced to work without<br />
the concurrence of the Press was like a deaf and<br />
dumb man cut off from the outer world and con-<br />
demned to an unfruitful life. After the general<br />
meeting was over the Committee of Direction met,<br />
and the statutes debated and passed at London<br />
were declared en vigeur, and the officers for five<br />
years, as by the new statutes, were elected.<br />
The President, Herr Singer : Vice-Presidents,<br />
M. M. Schweitzer, Berlin ; Hebrard, Paris;<br />
Ralmondi, Rome ; Secretan, Switzerland. General<br />
Secretaries, Taunay and Janzon. Signor Ralmondi,<br />
thus taking the place of Signor Cantalupi. Herr<br />
Schweitzer, of Berlin, was re-elected Treasurer.<br />
A telegram of homage and good wishes from the<br />
Conference was despatched to His Imperial<br />
Majesty, Francis Joseph I., which was acknowledged<br />
by a marconigram from Buda Pest, the Emperor<br />
wishing the Conference a pleasant sojourn in his<br />
dominions. This was read at the next business<br />
sitting of the Congress, which was held on board,<br />
on May 20, after a visit to the fantastic and<br />
fascinating Blue Grotto of the Island of Busi.<br />
The discussion at the meeting was upon the<br />
power and right of judges to enforce a journalist<br />
to divulge professional Secrets. The state of the<br />
<br />
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274<br />
TFIE AUTISIOR.<br />
law being so different in other countries from that of<br />
England, during the discussion, which was very<br />
animated, and at which the delegates of Italy,<br />
Switzerland, France, Germany spoke, Mr. James<br />
Baker explained that the English delegates had at<br />
the Berlin Conference, through Mr. J. R. Fisher, one<br />
of their members, put forward the English position<br />
in this matter : and by his statement the English<br />
delegates must abide. *.<br />
It was decided that international propaganda be<br />
adopted in favour of the preservation of professional<br />
secrecy for journalists, and a general inquiry be<br />
instituted with the view of discovering a general<br />
formula towards the realisation of which the dele-<br />
gates of each nation should work.<br />
Major Gratwicke drew the president's attention<br />
to the fact that the English delegates did not vote<br />
upon this matter. -<br />
The third sitting of the Congress took place on<br />
the morning of May 22, and, as the heat was very<br />
great, this time under the upper, awning-enclosed<br />
deck of the Thalia, which made a very good<br />
Congress Hall.<br />
The first subject debated was the professional<br />
tribunals and the election of judges for each<br />
country for arranging international disputes upon<br />
professional matters. Mr. D. A. Louis, who had<br />
been re-elected as bureau representative, had<br />
already been elected to act in this capacity by the<br />
English association, and other countries made<br />
their elections. The question of “Conseils de<br />
Prudhommes,” as in vogue in Italy where these<br />
trade judges had given compensation which had<br />
been accepted as legal, was debated, and the<br />
question of provident societies was decided to be<br />
brought up at Rome.<br />
The subject that caused the most ardent debate<br />
was that of the relations between Parliament and<br />
the Press.<br />
This was brought forward under two heads:<br />
first, as to the right of Members of Parliament,<br />
under the protection of their immunity, to slander<br />
and revile, not in a political sense, but even upon<br />
personal matters, individuals and associations, and<br />
especially pressmen. Signor Wittoria suggested<br />
this matter should be left alone, and the writer<br />
suggested the Press had the power by adopting<br />
absolute silence upon such calumnies. Men who<br />
uttered them did it for notoriety, and silence killed<br />
that.<br />
The second part of the question turned upon<br />
the facilities given to journalists for carrying out<br />
their work in the parliaments. In some countries<br />
the journalist is only admitted with the public,<br />
and gets a seat where he can ; and it was proposed<br />
that the delegates of each country should bring the<br />
matter before their parliamentary members, to<br />
secure proper facilities for journalists for their<br />
work and for means of communication with M.P.'s.<br />
Mr. James Baker referred to the gallery and<br />
lobby facilities afforded to English pressmen, and<br />
recent developments of these facilities. He was<br />
asked to prepare a report of the English arrange-<br />
ments for the Rome Congress, M. Taunay remark-<br />
ing that, if British journalists were satisfied,<br />
perhaps some foreign journalists living in England<br />
might have something to say.<br />
M. Taunay then brought up the point that<br />
questions to be considered at the Congress were<br />
to be sent in by December 31 of each year, but<br />
they did not come, and he appealed to members<br />
to send to their presidents subjects to be con-<br />
sidered by the Bureau Central.<br />
The place where the next Congress should be<br />
held was then discussed, and the invitation from<br />
Rome repeated in an enthusiastic manner by<br />
Signor Cohen. After some discussion the place<br />
of the next Congress was then put and Rome<br />
was carried unanimously.<br />
The holding of this Congress on board ship,<br />
instead of lessening the debates and opportunities<br />
of intimate conversation, really increased these<br />
opportunities. And the excursions and banquets<br />
did not occupy so much time as usual. But the<br />
views of the coast of Dalmatia, the scenes at Pola<br />
and Brioni, and above all the entrance to the<br />
Bocche di Cattaro, and the drive up to the frontier<br />
of Montenegro were much enjoyed, as also was the<br />
visit to lovely Ragusa.<br />
At Abbazia an illuminated concert was given,<br />
and the final banquet held. The writer, having<br />
been before on the Istrian coast with the British<br />
journalists, was asked to speak. He expressed<br />
the wish that Austria, the country so full of<br />
marvels, of glorious scenery, and of such varied<br />
peoples whose history was so full of romance and<br />
dramatic interest, might be more widely known and<br />
better understood by all English-speaking people.<br />
After the official close of the Congress many of<br />
the members visited the astounding Stalactite<br />
Caverns of Adelsberg, and halted at the interest-<br />
ing towns of Laibach and Graz en route for<br />
Vienna.<br />
JAMES BAKER.<br />
—e—º-e—<br />
IDEAS, AND HOW TO PROTECT THEM.<br />
—º-º-º-<br />
BY CRUSADER.<br />
III.<br />
E pass on now to a question concerning<br />
which no man is able to write at his<br />
ease, because he is sure to provoke<br />
criticism from chivalrous-minded readers. What<br />
is the position of women writers ? Is it not<br />
<br />
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TFIE AUTHOR.<br />
275<br />
true that women lower the market value of all<br />
Workmanship 2 This fact is indisputable, and<br />
too often it is discreditable to their sex. Some<br />
Women can afford to write for one thing only—the<br />
pleasure of seeing their copy in print ; they forget<br />
that their competition is a dastardly flanking attack<br />
On the professional authoress who has to earn her<br />
bread by her pen. Other lady amateurs write for<br />
pin-money because they are able to live in comfort<br />
at home with their parents; and all this hateful<br />
dilettantism gives encouragement to the old business<br />
custom of paying women a dwindled price for their<br />
labour. These matters, and a good many others,<br />
need patient and thorough consideration from a<br />
sub-committee of women writers, with special<br />
reference to their effects on the profession of<br />
letters and to the means by which our society may<br />
check their bad influence. In this inquiry atten-<br />
tion would be given of course to those magazines<br />
and weekly papers which appeal to women. What<br />
are their rates of payment, and what their probable<br />
revenue from advertisements 2 What influences<br />
are brought to bear on contributors ? It is neces-<br />
sary to gather full information on all points of<br />
business; then the long struggle which women<br />
writers have to encounter can be made less<br />
hazardous for themselves and less harmful by its<br />
action on the market prices offered to men. Far<br />
too often their position has a tendency to debase<br />
their character. A recent book on “ Modern<br />
Journalism " says, in cowardly language, that lady<br />
journalists are “exceedingly deficient in honour-<br />
able instincts,” and “try to foist on you articles<br />
which you had never commissioned”; that “the<br />
amount of jealousy which they will exhibit is not<br />
creditable to their sex,” and that their style is full<br />
of “truisms” and “base journalese conventionali-<br />
ties.” Wrong produces wrong invariably, and<br />
women start work handicapped by the sweating<br />
system which they inherit from age to age.<br />
It is only by collecting facts, to be shown to the<br />
general public, that urgent matters of this sort can<br />
be bettered. Very little can be done without help<br />
from public opinion. Yet authors are not at all<br />
eager to win that help in a speedy manner. This<br />
magazine, for instance, ought to be something<br />
much more than the official organ of our society;<br />
it should be at the head of literary papers, with a<br />
household suffrage of its own in all parts of the<br />
British Isles. Then there would be a jury of<br />
public opinion between us and the many grievances<br />
and injustices that make a literary life of ups and<br />
downs far more precarious and Onerous than it<br />
need be and should be. Yet, somehow, we hang<br />
back from the duty of making The Author a maga-<br />
zine which the public would gladly buy.<br />
A financier once said to me : “It is impossible<br />
to understand the wasteful philanthropies of<br />
authors. If they had any business common<br />
sense at all they would see that they have the<br />
power to own and run all the publishing that the<br />
public is able to support. Publishers are quite<br />
unnecessary ; their profits, and all the profits on<br />
magazines, ought to flow into the exchequer of a<br />
Vast trade managed by authors for their common<br />
good. Instead of this organisation writers prefer<br />
a never-ending dispute for ordinary justice at the<br />
hands of the thousand traders who at the present<br />
time treat authors with no more respect than mine-<br />
Owners used to show to colliers. There are mines<br />
of gold and of silver in literary ideas. Why aren't<br />
they worked by authors for their profession as a<br />
whole 2 Don't you need the profits of publishing<br />
for pension funds and for the encouragement of<br />
those types of literature which have never appealed<br />
to the great public 2 Authors cannot escape from<br />
the commercial side of their profession ; each must<br />
understand publishing methods if he feels called<br />
upon to get fair treatment for his work; and this<br />
being so, why not use this necessary knowledge in<br />
the actual work of publishing 2 What do authors<br />
gain by employing so many grasping agents that<br />
even a Dickens and a Thackeray had to go on<br />
lecturing tours before they felt safe financially P”<br />
These questions provoke the same astonishment<br />
among many persons. Authors do not know their<br />
power. Each feels isolated from his fellows, and<br />
stumbles alone up an old and ill-kept road, with<br />
many pitfalls lying about his feet. For all that,<br />
logic rules the world, and the day will come when<br />
the pitiless logic of events will compel authors to<br />
unite and to publish their own work. Every<br />
increase of competition brings this day nearer and<br />
nearer, as authors are always the first to suffer<br />
from the waywardness of misfortune in trade. For<br />
a long time writers of fiction were exempt, more or<br />
less, from the dire hardships that pressed upon<br />
other writers, essayists, historians, and students of<br />
the past in many other kinds of research ; but now<br />
that novels and stories are carried along in the<br />
usual course of modern trade through over-produc-<br />
tion into the cesspool of cheapness, our society, as a<br />
whole, has a very simple question to consider.<br />
Whither are we going 2 Can we at the same<br />
moment support ourselves and our homes and<br />
yet encourage an insane competition among<br />
tradesmen 2 We are subject to the law that the<br />
fittest survive ; but among which class connected<br />
with literature are we to look for the fittest ?<br />
Among ourselves, or among publishing speculators,<br />
booksellers, printers, dealers in “remainder ’’ copies,<br />
and the owners of circulating libraries 2 Can we,<br />
under the conditions of modern trade and subject<br />
to the demon of mad gambling, support all those<br />
agents and yet be sure that we are doing the best<br />
we can to pay our debts and be useful citizens 2<br />
<br />
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276<br />
TISIE AUTISIOR.<br />
I have proved beyond all question that publishers<br />
could thrive while authors starved, owing to their<br />
system of finance, which consists in using the same<br />
money three or four times in a year, with the result<br />
that even a small profit per cent. On each turnover<br />
becomes a very handsome profit per cent. On the<br />
several turnovers. There are publishers who aim<br />
deliberately at little editions, just because little<br />
editions are friendly to this rolling finance which<br />
gathers profit as a snowball gains in size when you<br />
turn it over and over in the Snow. It is not on<br />
small editions that authors can live, and the few<br />
popular favourites whose sales are large must not<br />
forget the less fortunate many who share, with our<br />
late president, the difficulty of waiting till a tiny<br />
circle of readers grows slowly into a bigger one.<br />
These facts alone call upon us to consider with<br />
care and pluck the expediency of publishing our<br />
own work instead of tossing it into the maëlstrom<br />
of speculation and competition that now swallows<br />
up and destroys a huge percentage of books.<br />
But there are other facts every whit as important.<br />
There is, for example, that dishonesty which at the<br />
present time “remainders” expensive books long<br />
before they have had a chance to find their public.<br />
One publisher, in revolt against this vile custom,<br />
has appealed for help to the booksellers, but book-<br />
sellers, of course, are able to protect themselves<br />
from it, since they can refuse to buy any expensive<br />
work which is issued by a tradesman whose name<br />
is connected with remaindering tactics. “Once<br />
bitten, twice shy,” is the motto of careful book-<br />
sellers in this matter. From certain publishers,<br />
all well known, they are willing to take expensive<br />
books “on sale or return,” a lamentable system of<br />
trade for authors, because booksellers are not in<br />
the least likely to push the sale of a borrowed book<br />
when they have their own purchased stock to turn<br />
into profit. That is of no consequence to the<br />
publisher who is able to tell his authors that he<br />
has done the very best he could for them. “I gave<br />
you a good display in the shops,” he writes or says,<br />
“advertised you in my lists of books, got out<br />
circulars, but you know what the public is to-day<br />
—quite incalculable.” As a rule he adds that his<br />
loss has not been “wiped off” by the remainder-<br />
ing, and this has a great effect on the minds of<br />
authors, who, somehow, are usually prepared to<br />
take sides against their own interests.<br />
Let us then see what aims the “remainder<br />
system” tries to make real. In the first place, an<br />
expensive book—that is, a book that costs much in<br />
its production—is at standing odds with the<br />
routine of a publisher's finance. It does not<br />
attract the circulating libraries, its appeal is<br />
addressed to a small section of the public, and the<br />
chances are that the money invested in it would be<br />
used more safely in novels written by men who<br />
have a Sale of a thousand copies each. Six or<br />
Seven novels of this type can be issued at about<br />
the same cost as one book with many good illus-<br />
trations and 85,000 words of text. Every publisher<br />
knows this, and yet there is a growing competition<br />
in illustrated work of many kinds, all costly and<br />
hazardous. Why? The reasons are many —<br />
1. A publisher’s “novelties” must have variety.<br />
2. A good many illustrated books have had a<br />
huge sale, the largest known being more than<br />
27,000 copies.<br />
3. There is thus a chance that a bold experiment<br />
in a high cost of production may bring a large<br />
profit and enhance the publisher's reputation.<br />
4. It is often easy to sell good editions in sheets<br />
to the U.S.A., as well as other editions to the<br />
British Colonies ; and<br />
5. A good book with illustrations fetches a<br />
better price in the remainder market than any<br />
other book, so that this fact is from the first a<br />
comfort to the publisher. When the price per<br />
copy is high, above £1, he is able with tact and<br />
skill to cover a good deal of his cost by his first sales<br />
outside Great Britain ; then come the second sales,<br />
to a bookseller here and there who happens to know<br />
a few certain buyers ; next, the third sales,<br />
gathered by circulars, which are usually distributed<br />
more or less at random ; and then the reviews in<br />
important journals, when good, find some pur-<br />
chasers also, though not many as a rule. The<br />
publisher now feels that he has done his routine<br />
duty towards his author; and his methods being<br />
Stereotyped he is certain that good sense cannot<br />
with justice ask him to do more. Why should he<br />
compile address books of those readers and students<br />
who take delight in special subjects P Why should<br />
he write to them and send attractive circulars not<br />
once, but many times over a period of at least two<br />
years ? All this ought to be done, but it would<br />
upset his system of finance and add greatly to his<br />
work. He would have to become a thorough sales-<br />
man as well as a publisher, and give personal and<br />
prolonged attention to each author's work and<br />
interests. It is far simpler to job his stock into the<br />
remainder market ; then booksellers and second-<br />
hand dealers will in course of time find buyers.<br />
Many a book by this means has come by its own,<br />
and is sold to-day for more than its published<br />
price. Its author benefits not one farthing ; he is<br />
just a benefactor to the second-hand tradesmen and<br />
their customers.<br />
So, then, the follies of remaindering are very<br />
harmful. They discredit authors in the opinion<br />
both of booksellers and of private buyers; they<br />
give rise to a belief that publishing methods ought<br />
never to be trusted ; and they discourage the pur-<br />
chasing of expensive books, since they betray<br />
everybody who buys at the full net price.<br />
<br />
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<br />
TFIE AUTISIOR.<br />
277<br />
At a time when the great majority of persons<br />
either hire books from libraries or borrow them<br />
from reading clubs, it is fatal to strike at the con-<br />
fidence of those who do buy new work from authors.<br />
Free libraries, circulating libraries, reading clubs,<br />
and other agencies to turn us into borrowers and<br />
hirers, are surely enough for any author to com-<br />
pete against. Yet any one who has a good book<br />
is sure to be asked to lend it to his friends. People<br />
who would be ashamed to borrow knives and forks,<br />
or boots and umbrellas, thank their lucky stars<br />
when they are able to get books without paying a<br />
penny for a day’s reading. It never seems to them<br />
that they are defrauding authors. To enjoy a book<br />
without paying for that enjoyment is as mean as it<br />
would be to beg for a free dinner at a public<br />
eating-house. A little time ago a friend wrote<br />
to a novelist and said: “Your books are having a<br />
splendid success. I hope your average sales have<br />
now reached 10,000 copies, for then you will be<br />
able to demand a royalty of 25 per cent. On the<br />
published price.” The novelist, writing from the<br />
Continent, said in reply: “Ten thousand copies<br />
Good heavens ! Well do I know my public. There's<br />
an English colony in this town, and one poor,<br />
draggled, battered copy of my last book has proved<br />
enough. Everyone here has thumbed it and read<br />
it. A single copy has a long life.”<br />
Yet, into this hurly-burly of borrowing the<br />
remainderer hurls his bombshells, as if publishers<br />
were eager to stop all private buying. What are<br />
authors to do 2 If they controlled the market as<br />
publishers of their own work their position would<br />
be easy. As it is, let us grumble and be unpractical.<br />
The end comes at last, and wasted lives don’t count<br />
for much, after all, in the brief season of our<br />
overcrowded days.<br />
Still, there's one more grievance to be considered<br />
in this drama of disenchantments. Literary ideas<br />
are often stolen, as if they belonged to everybody,<br />
like expired copyrights. To suggest an idea or<br />
a scheme of work is often like offering money to a<br />
tramp ; it goes, and you gain nothing. Publisher<br />
cribs from publisher, and says that competition<br />
drives him to the act ; no new idea is safe, either<br />
before or after publication. Again and again five<br />
or six books on the same topic appear at the same<br />
time, showing how hard it is for an author to get<br />
commissions by submitting projects. He is far<br />
more likely to set tradesmen thinking about<br />
variants of his planned treatment. This, unluckily,<br />
is ever a risk. You have an idea for a book and<br />
think out your plan, putting aside many other<br />
ways in which it could be treated. This done, you<br />
try to find a market, and you cannot foresee by<br />
whom your letter will be opened. It may be the<br />
chief of a great business, or perhaps his secretary,<br />
or perhaps a subordinate in some department ;<br />
but, anyhow, your scheme is certain to suggest<br />
many variations to any mind having practical<br />
intelligence. Those variations, again, though<br />
springing from your idea, have often no evident<br />
likeness to your proposal, yet they cancel what<br />
you wish to do. Consider, then, your risk. You<br />
ask business minds to think for themselves ; you<br />
invite them to modify your ideas into new forms;<br />
and yet you expect to succeed. Why?<br />
Novelists are not troubled in this way, but many<br />
writers are all the year round. Have you ever<br />
received a letter beginning thus:<br />
“Curiously enough, we have already in hand a<br />
Scheme very similar to yours, but more popular in<br />
its treatment . . .” P -<br />
But the matter does not end here. Short stories<br />
run many dangers, for I’m not aware that any<br />
publishing office binds its staff on oath never to<br />
mention a plot which is read in the course of<br />
business. It is also a fact that good plots, good<br />
ideas, once read, have a habit of finding their way<br />
into the reader's conversation. And so I believ<br />
that a great many literary thefts are unintentional,<br />
like a great many plagiarisms; but, in any case,<br />
We must do what we can to set limits to their<br />
harmfulness. Our society, by its registration of<br />
plays, has taken one step in a right direction, and<br />
I think that another as useful may be suggested.<br />
Indeed, why should not our society issue for its<br />
members a counterfoil book for projects, bearing<br />
the official stamp of the society, and of a largish<br />
size 2 For it would need—<br />
(a) A line for the publisher or editor to whom<br />
the project is submitted;<br />
(b) another line for the author's address ;<br />
(c) and another for the date ;<br />
(d) seven or eight lines, perhaps ten, for the<br />
project and its planned treatment;<br />
(e) three lines for variants of the suggested<br />
title ;<br />
(f) six or seven lines to show that the subject<br />
can be treated in other ways. This, of course, is<br />
very important, if an author wants to protect his<br />
idea ;<br />
(g) a final line for the author's signature.<br />
An official book of this kind would have a very<br />
useful moral effect, for it would prove to men of<br />
business that authors, like owners of patents, value<br />
their ideas and wish that fact to be known. It<br />
would prove, also, that authors, whom business<br />
men regard as incurably unpractical, have an easy<br />
means of keeping counterfoils of all their business<br />
transactions. Writers of short stories, for instance,<br />
would be able to give in brief the main outlines of<br />
their plots, and this would help them at any<br />
moment to find out whether any magazine had<br />
used their ideas after rejecting their copy.<br />
I do not suppose that a counterfoil book of<br />
<br />
<br />
## p. (#690) ################################################<br />
<br />
27S<br />
TISIE AUTISIOR.<br />
projects would be anything more than a deterrent<br />
influence, because, as a judge once said in court,<br />
there is no honour in trade. Business life is a war,<br />
pitiless and relentless, and the utmost we can do is<br />
to scheme some protection for our work and our-<br />
selves. And everybody knows what happens when<br />
an author tries to follow the business routine of<br />
copied letters and the rest of it. He cannot as a<br />
rule afford a clerk ; his writing requires incessant<br />
patience and concentration ; and although, as<br />
Balzac said, to dream over literary projects is like<br />
smoking enchanted cigarettes, the projects, when<br />
realised, are often exceedingly difficult to sell. So,<br />
absorbed by some things and harassed by others, a<br />
writer soon gets tired of adding to his day’s work<br />
a system of business routine, which clerks carry out<br />
in offices. Publishers and editors know all this.<br />
What they call business has no relation at all to<br />
work as authors know work. Yet authors are<br />
expected to be their own clerks. They are advised<br />
to copy all their letters, to keep an exact record of<br />
all their transactions, and what not besides ; but<br />
this advice will never be followed for more than a<br />
few weeks. That is why I suggest this counter-<br />
foil book for projects—a simple means of doing<br />
much in little. It would save a great deal of letter<br />
writing ; it would give some real protection to<br />
ideas; and it would not be more troublesome than<br />
a cheque-book of a size unusually large.<br />
Ideas, and how to protect them . That is author-<br />
ship in its long and tragic history. I think some-<br />
times of a Parliament of the Dead, and see in it the<br />
ghosts of all the simple great ones gone, from<br />
Chaucer to Meredith. Who can estimate the total<br />
sorrows of their lives? And, since we who love their<br />
work are their children, let us remember that we<br />
have yet to gain what they so often needed—just<br />
control over the use made of literary work by<br />
speculative tradesmen.<br />
—OP-e—“[O—<br />
THE EDITORIAL ATTITUDE.<br />
S a reader of The Author and a member of the<br />
literary and editorial staff of a magazine,<br />
will you extend to me the hospitality of your<br />
columns to say a few words regarding the<br />
“Editorial Attitude " ? And being neither an<br />
author nor an editor, but one occupying a position<br />
affording facilities for obtaining reliable data<br />
respecting the relations subsisting between editors<br />
and contributors, any remarks I make will be of a<br />
purely disinterested character. -<br />
Your correspondent, “An Editor,” impugns the<br />
assertion of “A Contributor’’ that editors do not<br />
read the manuscripts of unknown men, and<br />
characterises the accusation as “all nonsense.” . If<br />
from this we are to believe “An Editor ’’ does<br />
read all the manuscripts sent in to his paper,<br />
“which is there for would-be contributors,” and<br />
accepts or rejects same entirely on their merits,<br />
then he must constitute that exception which<br />
proves the rule, and is certainly a curiosity well<br />
worth paying a considerable sum to look at.<br />
In order to test the value of his opinion on this<br />
matter, I will give “An Editor’’ a few examples of<br />
the discourteous treatment accorded contributors<br />
which have come under my own personal know-<br />
ledge, and these not in connection with papers or<br />
magazines of the type that can be stigmatised as<br />
“a queer lot,” while the matter could not by the<br />
widest expansion of imagination be said to be of<br />
such a character as to justify payment by “whisky<br />
and cigars.”<br />
To this end, I will not take the case of new<br />
writers but men of established reputation, in<br />
which case it will be seen that the editorial false-<br />
hood, with regard to the incapability of new<br />
writers, is as finished and perfect with regard to<br />
the writings of men who command the ear of the<br />
public, when their writings are submitted under<br />
other names, as was revealed by means of a ruse de<br />
guerre. A new writer complained to me of the<br />
hopelessness of any one unknown Securing fair<br />
treatment ; I expressed great surprise, and was as<br />
confident in my denial of the accusation as “An<br />
Editor”; whereupon the writer replied, “I will<br />
prove what I say to be the absolute truth if you<br />
form one of the party and agree to the experi-<br />
ment being tried on the editor of the paper with<br />
which you are connected.” I assented, and an<br />
article from an early number of the paper was<br />
copied and duly sent in, with the result that it<br />
was rejected. A further attempt was made on the<br />
same editor ; this time an article also taken from<br />
a back number, but from the pen of one of the<br />
editor's most gifted contributors. I happened<br />
to be present when the editor rejected it, and<br />
ventured to point out to him his inconsistency in<br />
rejecting it on the plea that “it was not up to his<br />
standard,” considering it had already appeared in<br />
his paper—an assertion that not only met with an<br />
emphatic denial but brought about fervens difficil;<br />
bile jocur, for he asserted with extreme acerbity<br />
“that it was preposterous on my part to say that<br />
such unadulterated rubbish could ever have been<br />
accepted by him.” As my veracity was questioned<br />
I asked him to compare an article on a certain<br />
page of his paper of a specific date with that<br />
which he was rejecting. On this being done he<br />
lost all control of his temper—which was not the<br />
sweetest at the best of times—threw the article<br />
and magazine on the floor, snapped his fingers<br />
wildly, paced the room in a state of high dudgeon,<br />
<br />
<br />
## p. (#691) ################################################<br />
<br />
TFIE AUTISIOR.<br />
279<br />
and, addressing me, employed language which was<br />
entirely neological, since it was well, I won't<br />
disgrace the columns of The Author by even saying<br />
What it was—while a snapshot of his face would<br />
have furnished Darwin with an excellent plate for<br />
his “Expression of the Emotions.” Another<br />
editor, who is just a little bit too well known in<br />
the literary world, was similarly tested. In<br />
returning an article which had been sent him<br />
(Written by himself many years previously) he did<br />
so likewise on the plea of its not reaching his<br />
standard, and added the consoling words tº that<br />
it would do the writer no harm to continue writing<br />
such articles, but it was clear from his work he<br />
did not possess the ability necessary to secure<br />
acceptance.” Could anything more calculated to<br />
produce rigation of the eyes, in consequence of the<br />
excessive laughter it produced among those who<br />
knew of the ruse, be conceived 2 and surely never<br />
did presumptuous pride and didactic ignorance<br />
inspire a man to the commission of a more in-<br />
expiable crime 2 Here was a man, the darling of<br />
a University, unconsciously passing a verdict on the<br />
Value of his own work and declaring it to be so low<br />
that it was absurd ever to expect it to be accepted,<br />
yet, at the same time, arrogantly setting himself up<br />
as an authority on the works of other men. Surely<br />
these examples explode the arrogant contention of<br />
the literary critic of a certain illustrated weekly<br />
that an editor can, by glancing precipitately over<br />
the first page, determine the writer's capability<br />
or incapability. Arrogance is often a shield of<br />
Ignorance.<br />
These episodes certainly deserve to be placed<br />
alongside that of the editor of the Atlantic Monthly.<br />
The Hon. Russell Lowell desiring to find out the<br />
real worth of his work, wrote a prefulgent article<br />
on the “Essence of American Humour,” had it<br />
copied in an unfamiliar handwriting and forwarded<br />
to the Atlantic Monthly, to which paper he was an<br />
esteemed contributor. Not making its appearance<br />
in due time, and anxious to know the fate of his<br />
literary offspring, he called upon the editor, Mr.<br />
James F. Fields, and adroitly turned the conversa-<br />
tion to the subject of humour, expressed great<br />
Surprise no one had ever written upon it, to which<br />
the editor replied: “No one ever written upon<br />
it ! ...We receive a large amount of articles treating<br />
on that subject, but they are so desperately poor<br />
stuff that they cannot be used. Here (pulling<br />
a MS. from the waste-paper, basket) is a long<br />
Screed we received christened ‘The Essence of<br />
American Humour, which would be more appro-<br />
priately termed ‘The Essence of Nonsense,” for a<br />
more absurd farrago I have never seen.” On<br />
Lowell acknowledging the paternity of the article,<br />
Field's wrath was greater than his astonishment.<br />
If this does not prove that articles by unknown<br />
men do not receive the treatment they deserve, I<br />
do not know what more is required, unless all<br />
the editors suffer from acrisy. If not, how also<br />
was it that the late James Payn, as editor of the<br />
Cornhill, rejected “John Inglesant " ? or did<br />
reject it—after the manner of the sapient editor of<br />
a Greenock paper, which enjoyed the distinction<br />
of dying twice, with regard to Campbell's “Pleasures<br />
of Hope” (now included in the Classics)—that it<br />
was “destitute of merit, " ?<br />
With regard to the question of payment, I think<br />
the following will prove that editors desire to<br />
evade paying for contributions:—An article “not<br />
negligent in style, the matter good,” was sent to a<br />
prominent editor and rejected, on the plea that<br />
it was not “up to the standard.” It was then<br />
Sent to another editor and accepted. On its<br />
appearance, the editor to whom it had been offered<br />
first, lifted it holus-bolus and printed it in his own<br />
paper without acknowledgment. Now, if an<br />
article, when sent for payment, is not up to the<br />
standard, how comes it to be possessed of merit<br />
when it can be used without having to pay, if it<br />
is not to avoid payment<br />
AN ONLOOKER.<br />
* *-** - -e-Q-6–<br />
THE WORKS OF SIR JOHN SUCKLING.<<br />
—º-º-º-<br />
HE editor who presents the world with a<br />
complete critical edition of the works of<br />
any author, even if the author is not one<br />
whose name is written very large in the book of<br />
fame, is a man to whom at all times a great grati-<br />
tude is due. In these latter days of anthologies,<br />
abridgments, boudlerizations, and no one knows<br />
how many other inventions for the corruption of<br />
texts (which time and human fallibility corrupt<br />
only too rapidly without any barbarian's deliberately<br />
setting a destroyer's hand to the work), and for<br />
the propagation of superficiality, those who still<br />
retain a solid affection for letters must feel always<br />
more than ordinarily grateful to any worker who<br />
will embark upon the laborious task involved in a<br />
complete and critical edition of any author's works ;<br />
the only kind of edition from which it is possible<br />
to gather a right conception of the man and of his<br />
place in the history of literature. Publications of<br />
this kind are rare in comparison with the multitude<br />
of other books which fall in torrents from the press;<br />
but it is not only on this account, but on account<br />
also of the excellent manner in which the work has<br />
been accomplished, that we tender our sincere<br />
* “The Works of Sir John Suckling in Prose and<br />
Werse,” edited, with introduction and notes, by A.<br />
Hamilton Thompson. London : George Routledge & Sons.<br />
1910, 8vo.<br />
<br />
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## p. (#692) ################################################<br />
<br />
280<br />
TISIE AUTISIOR.<br />
congratulations to Mr. Hamilton Thompson on the<br />
appearance of his edition of Sir John Suckling.<br />
One or two, or a few, of Suckling's poems are to be<br />
found in every anthology; all the rest of his works<br />
are more or less difficult of access. Here everything<br />
will be found, as well as all that is known about<br />
Sir John Suckling. In an admirable introduction<br />
Mr. Hamilton Thompson unfolds lucidly whatever<br />
remains to us of Sir John Suckling's story, and at<br />
the same time shows the extent of his indebtedness<br />
to his contemporaries and to his age. The various<br />
works of Sir John Suckling (with reproductions of<br />
the original title-pages) then follow : The “Frag-<br />
menta Aurea,” “The Last Remains of Sir John<br />
Suckling,” the four plays, and the letters including<br />
“An Account of Religion and Reason.” The<br />
Volume is concluded by some excellent notes, in<br />
which, as in his preface, Mr. Hamilton Thompson<br />
exhibits the sound good taste (not always to be<br />
observed in editors) of being content to record<br />
the truth, without labouring to represent the author<br />
as a greater man than he was. It may be confessed<br />
that a careful perusal of all Sir John Suckling's<br />
Works may result in a disappointment for the<br />
reader who has founded his expectations upon the<br />
few very excellent things of Suckling's that are<br />
known to all; but it will certainly convince him<br />
of the truth of the remarks with which Mr.<br />
Hamilton Thompson concludes his introduction:<br />
“It is impossible to doubt that beneath a gay<br />
and careless exterior he [Suckling] possessed sound<br />
practical sense, and that his ambition to excel as<br />
an amateur wit only too often concealed a high,<br />
if somewhat fragile, poetic gift, which on happy<br />
occasions rose superior to an atmosphere not a<br />
little hostile to its development.” We have<br />
pleasure in heartily recommending this work to all<br />
lovers of English literature.<br />
—e—º-e—<br />
CORRESPONDENCE.<br />
—º-º-º-<br />
THE STORY OF A REVIEW COPY.<br />
SIR,-At a certain seaside circulating library, I<br />
paid twopence for three days’ use of a six shilling<br />
novel. From entries therein, I found that eighty-<br />
five other persons had made like payments, making<br />
a total of fourteen shillings and fourpence for the<br />
use of a book which was still in active circulation.<br />
I also discovered that the borrowed book was a<br />
Review Copy, evidently purchased by the proprietor<br />
of the circulating library for “a mere song ” from<br />
the editor of a newspaper, who had received it<br />
gratis from the publisher.<br />
Usually at least sixty copies of a six shilling<br />
novel are sent out for review. If only half of<br />
these are sold to second-rate circulating libraries,<br />
and each of them is perused by eighty-six persons,<br />
this means that the author of the book secures<br />
2,580 readers who do not bring a single farthing<br />
&nto his eachequer.<br />
In provincial towns I have noticed that the<br />
roprietor of a circulating library is frequently a<br />
bookseller, printer, and editor of a local newspaper.<br />
If he can get a six shilling novel for nothing, or<br />
next to nothing, and make fourteen shillings and<br />
fourpence by lending it to eighty-six persons—as in<br />
the case I have noticed—he “takes the biscuit”<br />
from publisher and author, and no mistake<br />
I have long contended that authors might<br />
become their own publishers, and distribute their<br />
own books by establishing bookstalls at hotels, as<br />
in America, if they had a sufficiency of co-operative<br />
enterprise. .<br />
It is simply a case of “Wake up, Authors I”<br />
Yours faithfully,<br />
HENRY J. SWALLOW.<br />
THE “ GREAT UNACTED.”<br />
DEAR SIR,--In a recent issue “X. Y. Z.” drew<br />
attention to the extremely unsatisfactory conditions<br />
which exist for those dramatic authors whose work<br />
has not yet been produced.<br />
As one of these much-to-be-pitied individuals, I<br />
should like to convey my thanks to “X. Y. Z.” for<br />
having opened this subject. Taking into considera-<br />
tion the very rare exception who proves the rule,<br />
one may say that for an unknown author to get<br />
his play produced amounts to something very near<br />
an impossibility. The Societies specially organised<br />
to help new dramatists are, from a practical point<br />
of view, as unsatisfactory as the established manage-<br />
ments. The first play I sent to one of these<br />
societies was promptly accepted, although a short<br />
while afterwards I was asked to make a slight<br />
alteration, which I did, to the satisfaction of those<br />
concerned. I was then told that my play would<br />
be running at a West End theatre by the middle<br />
of May—provided the society could raise sufficient<br />
funds. The middle of May has now been post-<br />
poned to the middle of September, and without<br />
doubt when September comes it will be delayed<br />
until the spring, and so on 1 The difficulty for<br />
new authors to get their plays considered, or even<br />
read by established managers, is so well-known<br />
that I need not go into it. As a struggling<br />
dramatic author I can testify to a bundle of com-<br />
plimentary letters, promises of production if<br />
alteration is made, and then—nothing more. If<br />
the Society of Authors could help us, in the manner<br />
suggested by “X. Y. Z.,” it would be doing an act of<br />
profound charity, with the ghost of a chance of<br />
doing something for the Drama as well !<br />
C. W.<br />
<br />
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<br />
AD VERTISEMENTS. V<br />
<br />
Crown 8vo, 966 pages, 6s. net.<br />
PRINCIPAL ContFNTs:—Authors’ Directory and Index<br />
of Authors; Obituary Notices; Literary and Press<br />
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(town and country); Law and Letters; Libraries ;<br />
British, American, and Colonial Periodicals, with<br />
particulars for contributors, and a very complete<br />
Classified Index ; Publishers (British, Colonial,<br />
Foreign, and American); Royalty Tables; Societies<br />
and Literary Clubs (British, Colonial, and Foreign);<br />
List of Cheap Reprints, etc.<br />
“An indispensable book of reference for authors and<br />
journalists.”—Daily Graphic.<br />
“Has been so excellently devised as to leave no room<br />
for improvement.”—Birmingham Post.<br />
“The editor is to be congratulated on an excellent and<br />
useful production.”—Queen.<br />
“Carefully edited and thoroughly accurate and up-to-<br />
date.”—Dundee Advertiser.<br />
Authors are invited to send their nannes and<br />
particulars of their publications to the Editor<br />
for insertion in the 1911 volume. Forms may be<br />
had from the Editor.<br />
*...* G. ROUTLEDGE & SONS, Ltd.,<br />
68, CARTER LANE,<br />
E.C.<br />
IHF IIIHRWWER book.<br />
DD YOU WRITE PLAY39<br />
The International Copyright Bureau, Ltd.,<br />
Gan be of service to you.<br />
We act as Agents for placing Plays,<br />
Operettas, Operas, Sketches, &c., in England<br />
and abroad on the best possible terms.<br />
We have placed Plays with almost all<br />
leading Managers.<br />
We copyright dramatic property and collect<br />
authors’ fees.<br />
We arrange Invitation Performances.<br />
We review, advise upon, and remodel Plays<br />
and Musical Compositions.<br />
We undertake translations and adaptations<br />
from and into all European languages.<br />
All English Plays submitted to the Bureau<br />
are read by Mr. A. L. Ellis, so well known as a<br />
dramatic critic and now joint director of the<br />
International Copyright Bureau. Mr. Ellis's<br />
advice and assistance are placed at our<br />
clients' disposal.<br />
The INTERNATIONAL COPYRIGHT BUREAU, Ltd.,<br />
Dewar House, Haymarket, S.W.<br />
ERNEST MAYER l<br />
Directors.<br />
ANTHONY L. ELLIS ſ<br />
About 2,000 Books Wanted<br />
Are advertised for weekly in<br />
THE PUBLISHERS’ CIRCULAR<br />
AND BOOKSELLERS’ RECORD<br />
(ESTABLISHED 1837),<br />
Which also gives Lists of the New Books published<br />
during the Week, Announcements of Forthcoming<br />
- Books, &c.<br />
Subscribers have the privilege of a Gratis Advertisement<br />
in the Books Wanted Columns.<br />
Sent for 52 weeks, post free, for 10S. 6d. home and<br />
138. 6d. foreign.<br />
Specimen Copy Free on application.<br />
Price TWOPENCE Weekly.<br />
Office : 19, Adam Street, Adelphi, W.C.<br />
A Member of the Society of Authors highly recommends<br />
84, REDCLIFFE GARDENS, S.W.,<br />
as a Residence for Women Workers and Students. It is a<br />
quiet comfortable house ; the number of boarders is limited<br />
to 14, and references are required. Terms from 25s, a week.<br />
Redcliffe Gardens is five minutes' walk from Earl's Court<br />
District and Tube Stations.<br />
Prospectus on application to MISS MACKINTOSH.<br />
SIPKES and SIKES,<br />
The West Kensington Typewriting Offices,<br />
(Established 1893),<br />
223a, HAMMERSMITH ROAD, LONDON, W.<br />
Authors' MSS. 1s. 1,000 words; over 40,000, 10d. No unfair<br />
“cutting” of prices.<br />
Educated Operators, GOOD PAPER, Standard Machines.<br />
REFERENCES.<br />
AUTHORs & PLAYWRIGHTs.<br />
Special facilities for placing work of every description.<br />
Particulars from Manager, Literary Department,<br />
64, Strand, LONDON,<br />
AND TRIBUNE BUILDING, NEW YORK.<br />
E8TABLISHED]<br />
The Wessex Press,<br />
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BARNICOTT & PEARCE<br />
INVITE ENQUIRIES RESPECTING PRINTING.<br />
ESTIMATES OF COST, AND OTHER DETAILS, PROMPTLY GIVEN.<br />
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## p. (#694) ################################################<br />
<br />
Wi - - AD VERTISEMENTS.<br />
TYPEWRITING!<br />
WITH BRAINS.<br />
ANOTHER TESTIMONIAL.<br />
An AUTHOR has sent me the following:<br />
“Cricklewood, N. W.<br />
“I am exceedingly pleased with the type-<br />
written copies. I have read them carefully<br />
through and consider you have taken great<br />
pains with the work. Also the type is excel-<br />
lent. I have had 5 MSS. done and YOURS<br />
IS FAR THE BEST.<br />
“I shall certainly remember you when I want<br />
anything typed.”<br />
MW WORK IS ALWAYS OF THE BEST.<br />
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all the work | do.<br />
AUTHORS are respectfully requested<br />
to NOTE MY GHARGES ARE WERW LOW.<br />
G0RREGT. Send a Sample Order NOW to<br />
GHEAP. MISS RALLING,<br />
T 76, Loughborough Road,<br />
LONDON, S.W.<br />
Q<br />
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TWO popular Hotels in Gentral London,<br />
<br />
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Opposite the British Museum. -<br />
THAGKERAY HOTEL.<br />
Great Russell Street, London.<br />
Near the British Museum,<br />
KINGSLEY HOTEL.<br />
Hart Street, Bloomsbury Square, London.<br />
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and Spacious Dining, Drawing, Writing, Reading, Billiard<br />
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Inclusive Charge for Bedroom, Attendance, Table d'Hote,<br />
Breakfast and Dinner, from 816 to 10|6 per day.<br />
Full Tariff and Testimonials on application.<br />
Telegraphic Addresses :<br />
Thackeray Hotel—“Thackeray, London.” !<br />
Ringsley Hotel—“Bookcraft, London.”<br />
MRS. GILL, Typetoriting Cffice,<br />
(Established 1883.) 35, LUDGATE HILL, E.C.<br />
Authors' MSS. carefully copied from 1s, per 1,000<br />
words. Duplicate copies third price. French and German<br />
MSS. accurately copied ; or typewritten English trans-<br />
lations supplied. References kindly permitted to Messrs.<br />
A. P. Watt & Son, Literary Agents, Hastings House,<br />
Norfolk Street, Strand, W.C. Telephone 8464 Central.<br />
TYPEWRITING.<br />
Authors’ MSS. copied from 9d. per 1,000<br />
words; in duplicate, 1/-, Plays and General<br />
Copying. List and specimen of work on appli-<br />
cation.<br />
ONE OF NUMEROUS TESTIMONIALS.<br />
“Miss M. R. HoRNE has typed for me literary matter to the<br />
extent of some hundreds of thousands of words. I have nothing<br />
but praise for the accuracy, speed and neatness with which she<br />
does her work.-FRANK SAVILE.”<br />
MISS M. R. HORNE,<br />
ESKDALE, WEST DRAYTON, MIDDLESEX.<br />
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at 10, Bouverie Street, London, E.C.<br />
<br />
<br />
## p. (#695) ################################################<br />
<br />
SUPPLEMENT I.<br />
AUSTRALIAN COPYRIGHT ACT.<br />
<br />
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## p. (#696) ################################################<br />
<br />
<br />
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<br />
AUSTRALIAN COPYRIGHT ACT.<br />
[AssBNTED TO 21ST DECEMBER, 1905.]<br />
E it enacted by the King's Most Excellent<br />
Majesty, the Senate, and the House of<br />
Representatives of the Commonwealth of<br />
Australia as follows:—<br />
| PART I.-PRELIMINARY.<br />
1. Short Title.—This Act may be cited as the<br />
Copyright Act, 1905.<br />
2. Commencement.—This Act shall commence on<br />
a day to be fixed by Proclamation.<br />
3. Paris.--This Act is divided as follows:–<br />
Part I. — Preliminary.<br />
Part II.-Administration.<br />
Part III.-Literary, Musical, and Dra-<br />
matic Copyright.<br />
IV.-Artistic Copyright.<br />
W.—Infringement of Copyright.<br />
VI.-International and State copy-<br />
right.<br />
Part VII-Registration of Copyrights.<br />
- Part VIII.-Miscellaneous.<br />
4. Interpretation.—In this Act, unless the Con-<br />
trary intention appears—<br />
“Artistic work’ includes—<br />
(a) Any painting, drawing, or sculpture; and<br />
(b) Any engraving, etching, print, lithograph,<br />
Woodcut, photograph, or other work of<br />
art produced by any process, mechanical<br />
or otherwise, by which impressions or<br />
representations of works of art can be<br />
taken or multiplied:<br />
“Author’’ includes the personal representatives<br />
of an author :<br />
“Book” includes any book or volume, and any<br />
part or division of a book or volume, and any<br />
article in a book or volume, and any pamphlet,<br />
periodical, sheet of letterpress, sheet of music,<br />
map, chart, diagram, or plan separately pub-<br />
lished, and any illustration therein :<br />
“Dramatic work,” in addition to being included<br />
in the definition of book, means any tragedy,<br />
comedy, play, drama, farce, burlesque, libretto,<br />
of an opera, entertainment, or other work of<br />
a like nature, whether set to music or other-<br />
Part<br />
Part<br />
Part<br />
Wise, lyrical work set to music, or other scenic<br />
or dramatic composition :<br />
“Lecture’’ includes a sermon :<br />
“Musical work’ in addition to being included<br />
in the definition of book, includes any com-<br />
bination of melody and harmony, or either of<br />
them, printed, reduced to writing, or other-<br />
wise graphically produced or reproduced :<br />
“Periodical" means a review, magazine, news-<br />
paper, or other periodicai work of a like<br />
Inature :<br />
“Pirated artistic work’ means a reproduction<br />
of an artistic work made in any manner with-<br />
out the authority of the owner of the copyright<br />
in the artistic work :<br />
“Pirated book” means a reproduction of a book<br />
made in any manner without the authority of<br />
the owner of the copyright in the book:<br />
“Portrait ’’ includes any work the principal<br />
object of which is the representation of a per-<br />
Son by painting, drawing, engraving, photo-<br />
graphy, sculpture, or any form of art:<br />
“Publish ’’ and “Publication ” in relation to a<br />
book refer to offer for sale or distribution, in<br />
each case with the privity of the author, so as<br />
to make the book accessible to the public :<br />
“The Registrar’ means the Registrar of Copy-<br />
rights or a Deputy Registrar of Copyrights:<br />
“State Copyright Act” means any State Act<br />
relating to the registration of the copyright<br />
or performing right, or lecturing right in<br />
books, or dramatic or musical works, or in<br />
artistic works, or fine art works, or in lectures.<br />
5. What is simultaneous publication or perform-<br />
ance.—For the purposes of this Act publication,<br />
performance, or delivery in the Commonwealth<br />
shall be deemed to be simultaneous with publica-<br />
tion, performance, or delivery elsewhere if the<br />
period between the publications, performances, or<br />
deliveries does not exceed fourteen days.<br />
6. Blasphemous, &c., matter not projected.—No<br />
copyright, performing right, or lecturing right<br />
shall subsist under this Act in any blasphemous,<br />
indecent, seditious, or libellous work or matter.<br />
7. Application of the Common Law.—Subject to<br />
<br />
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## p. (#698) ################################################<br />
<br />
this and any other Acts of the Parliament, the<br />
Common Law of England relating to proprietary<br />
rights in unpublished literary compositions shall,<br />
after the commencement of this Act, apply<br />
throughout the Commonwealth.<br />
8. State Copyright Acts not to apply to copyright<br />
under this Act.—-(1.) The State Copyright Acts so<br />
far as they relate to the copyright in any book,<br />
the performing right in any musical or dramatic<br />
work, the lecturing right in any lecture, or the<br />
copyright in any artistic or fine art work shall not<br />
apply to any book, dramatic or musical work,<br />
lecture, or artistic work in which copyright, per-<br />
forming right, or lecturing right, subsists under<br />
this Act.<br />
Saving of rights under State laws.-(2.) Subject<br />
to Part II. of this Act, nothing in this Act shall<br />
affect the application of the laws in force in any<br />
State at the commencement of this Act to any<br />
copyright or other right in relation to books or<br />
dramatic or musical works or lectures or artistic<br />
or fine art works acquired under or protected by<br />
those laws before the commencement of this Act.<br />
PART II.-ADMINISTRATION.<br />
Division 1.—77te Registrar and the Copyright<br />
Office.<br />
9. Registrar.—(1.) There shall be a Registrar of<br />
Copyrights.<br />
(2.) The Governor-General may appoint one or<br />
more Deputy Registrars of Copyrights who shall,<br />
subject to the control of the Registrar of Copyrights,<br />
have all the powers conferred by this Act on the<br />
Registrar.<br />
10. Copyright Office.—For the purposes of this<br />
Act an office shall be established which shall be<br />
called the Copyright Office.<br />
11. Seal of Copyright Office.—There shall be a<br />
seal of the Copyright Office, and impressions thereof<br />
shall be judicially noticed.<br />
Division 2. —7%e Transfer of the Administration<br />
of the Slate Copyright Acts.<br />
12. Transfer of adminisfration.—The Governor-<br />
General may, by proclamation, declare that, from<br />
and after a date specified in the proclamation, the<br />
administration of the State Copyright Acts of any<br />
State so far as they relate to the registration of the<br />
copyright in any book, the performing right in any<br />
musical or dramatic work, the lecturing right in<br />
any lecture, and the copyright in any artistic or<br />
fine art work, or to the registration of any assign-<br />
ment or grant of, or licence in relation to, any such<br />
right, shall be transferred to the Commonwealth<br />
and thereupon, so far as is necessary for the pur-<br />
poses of this section—<br />
(a) Effect of transfer of administration. Cf.<br />
Patents Act, 1903, ss. 18 and 19. The<br />
State Copyright Acts of the State shall<br />
cease to be administered by the State,<br />
and shall thereafter be administered by<br />
the Commonwealth so far as is necessary<br />
for the purpose of completing then pending<br />
proceedings and of giving effect to then<br />
existing rights, and the Registrar shall<br />
Collect for the State all fees which become<br />
payable thereunder ; and<br />
(b) all powers and functions under any State<br />
Copyright Act vested in the Governor<br />
of the State or in the Governor with the<br />
advice of the Executive Council of the<br />
State or in any Minister officer or<br />
authority of the State shall vest in the<br />
Governor-General or in the Governor-<br />
General in Council or in the Minister<br />
officer or authority exercising similar<br />
powers under the Commonwealth as the<br />
Case requires or as is prescribed ; and<br />
(6) all records registers deeds and documents of<br />
the Copyright Office of the State vested<br />
in or subject to the control of the State<br />
shall, by force of this Act, be vested in<br />
and made subject to the control of the<br />
Commonwealth.<br />
PART III.-LITERARY, MUSICAL, AND DRAMATIC<br />
COPYRIGHT.<br />
13. Copyright in books.--(1.) The copyright in<br />
a book means the exclusive right to do, or authorize<br />
another person to do, all or any of the following<br />
things in respect of it :—<br />
(a) To make copies of it :<br />
(b) To abridge it :<br />
(c) To translate it :<br />
(d) In the case of a dramatic work, to convert<br />
it into a novel or other non-dramatic<br />
work :<br />
(e) In the case of a novel or other non-dramatic<br />
Work, to convert it into a dramatic work :<br />
and<br />
(f) In the case of a musical work, to make<br />
any new adaptation, transposition, arrange-<br />
ment, or setting of it, or of any part of it,<br />
in any notation.<br />
(2.) Copyright shall subsist in every book,<br />
whether the author is a British subject or not,<br />
which has been printed from type set up in<br />
Australia, or plates made therefrom, or from plates<br />
or negatives made in Australia in cases where type<br />
is not necessarily used, and has, after the com-<br />
mencement of this Act, been published in Australia,<br />
before or simultaneously with its first publication<br />
elsewhere.<br />
14. Performing right in dramatic and musical<br />
100%s.—(1.) The performing right in a dramatic<br />
<br />
<br />
## p. (#699) ################################################<br />
<br />
or musical work means the exclusive right to per-<br />
form it, or authorise its performance, in public.<br />
(2.) Performing right shall subsist in every<br />
dramatic or musical work, whether the author is a<br />
British subject or not, which has, after the com-<br />
mencement of this Act, been performed in public<br />
in Australia, before or simultaneously with its first<br />
performance in public elsewhere.<br />
15. Lecturing right in lectures.—(1.) The lectur-<br />
ing right in a lecture means the exclusive right to<br />
deliver it, or authorise its delivery, in public, and,<br />
except as hereinafter provided, to report it.<br />
(2.) Lecturing right shall subsist in every<br />
lecture, whether the author is a British subject or<br />
not, which has, after the commencement of this<br />
Act, been delivered in public in Australia, before<br />
or simultaneously with its first delivery in public<br />
elsewhere.<br />
16. Commencement of copyright performing right,<br />
and lecturing right.—(1.) The copyright in a book<br />
shall begin with its first publication in Australia.<br />
(2.) The performing right in a dramatic or<br />
musical work shall begin with its first performance<br />
in public in Australia.<br />
(3.) The lecturing right in a lecture shall begin<br />
with its first delivery in public in Australia.<br />
17. Term of copyright, performing right, and<br />
lecturing right.—(1.) The copyright in a book, the<br />
performing right in a dramatic or musical work,<br />
and the lecturing right in a lecture, shall subsist<br />
for the term of forty-two years or for the author's<br />
life and seven years whichever shall last the longer.<br />
(2.) Where the first publication of a book, the<br />
first performance in public of a musical or dramatic<br />
work, or the first delivery in public of a lecture<br />
takes place after the death of the author, the copy-<br />
right, performing right, or lecturing right, as the<br />
case may be, shall subsist for the term of forty-two<br />
€8] S. -<br />
(3.) Where a book or a dramatic or musical work<br />
is written by joint authors the copyright and the<br />
performing right shall subsist for the term of<br />
forty-two years or their joint lives and the life of<br />
the survivor of them, and seven years, whichever<br />
shall last the longer.<br />
(4.) If a lecture is published as a book with the<br />
consent in writing of the owner of the lecturing<br />
right, the lecturing right shall cease.<br />
18. Ownership in copyright, performing right, and<br />
lecturing right.—(1). The author of a book shall be<br />
the first owner of the copyright in the book.<br />
(2.) The author of a dramatic work or musical<br />
work shall be the first owner of the performing<br />
right in the dramatic or musical Work.<br />
(3.) The author of a lecture shall be first owner<br />
of the lecturing right in the lecture.<br />
19. Ownership in the case of joint authors.-<br />
Where there are joint authors of a book, or of a<br />
dramatic or musical work, or of a lecture, the copy-<br />
right or the performing right, or the lecturing<br />
right, as the case may be, shall be the property of<br />
the authors.<br />
20. Separate authors.--Where a book is written<br />
in distinct parts by separate authors and the name<br />
of each author is attached to the portion written<br />
by him, each author shall be entitled to copyright<br />
in the portion written by him in the same manner<br />
as if it were a separate book.<br />
21. Encyclopædia and similar works.-The pro-<br />
prietor or projector of an encyclopædia or other<br />
similar permanent work of reference who employs<br />
Some other person for valuable consideration in the<br />
composition of the whole or any part of the work<br />
shall be entitled to the copyright in the work in the<br />
same manner as if he were the author thereof.<br />
22. Copyright in articles published in periodicals.<br />
—(1.) The author of any article, contributed for<br />
valuable consideration to and first published in a<br />
periodical, shall be entitled to copyright in the<br />
article as a separate work, but so that—<br />
(a) he shall not be entitled to publish the article<br />
or authorise its publication until one year<br />
after the end of the year in which the<br />
article was first published, and<br />
(b) his right shall not exclude the right of th<br />
proprietor of the periodical under this<br />
section.<br />
(2.) The proprietor of a periodical in which an<br />
article, which has been contributed for valuable<br />
consideration, is first published shall be entitled to<br />
copyright in the article, but so that—<br />
(a) he shall not be entitled to publish the article<br />
or authorise its publication except in the<br />
periodical in its original form of publication,<br />
and -<br />
(b) his right shall not exclude the right of the<br />
author of the article, under this section.<br />
23. Copyright in articles published in periodicals<br />
without valuable consideration.—The author of any<br />
article contributed without valuable consideration<br />
to, and first published in, a periodical, shall be<br />
entitled to copyright in the article as a separate<br />
work.<br />
24. Copyright, &c., to be personal property.—The<br />
copyright in a book, the performing right in a<br />
dramatic or musical work, and the lecturing right<br />
in a lecture shall be personal property, and shall be<br />
capable of assignment and of transmission by<br />
operation of law.<br />
25. Copyright and other rights to be separate<br />
properties.—The copyright in a book, and the per-<br />
forming right in a dramatic or musical work and the<br />
lecturing right in a lecture shall be deemed to be<br />
distinct properties for the purposes of ownership,<br />
assignment, licence, transmission, and all other<br />
purposes.<br />
>};<br />
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<br />
26. Assignment of copyright.—The owner of the<br />
copyright in a book, or of the performing right in<br />
a dramatic or musical work, or of the lecturing<br />
right in a lecture, may assign his right either<br />
wholly or partially and either generally or limited<br />
to any particular place or period, and may grant<br />
any interest therein by licence ; but an assignment<br />
or grant shall not be valid unless it is in writing<br />
signed by the owner of the right in respect of<br />
which it is made or granted.<br />
27. Welſ' editions.—Any second or subsequent<br />
edition of a book containing material or substan-<br />
tial alterations or additions shall be deemed to be<br />
a new book, but so as not to prejudice the right of<br />
any person to reproduce a former edition of the<br />
book or any part thereof after the expiration of the<br />
copyright in the former edition.<br />
Provided that while the copyright in a book<br />
Subsists no person, other than the owner of the<br />
copyright in the book or a person authorised by<br />
him, shall be entitled to publish a second or<br />
Subsequent edition thereof.<br />
28. Making of abridgment, &c., for private use.—<br />
Copyright in a book shall not be infringed by a<br />
person making an abridgment or translation of the<br />
book for his private use (unless he uses it publicly<br />
or allows it to be used publicly by some other<br />
person), or by a person making fair extracts from<br />
or otherwise fairly dealing with the contents of the<br />
book for the purpose of a new work, or for the<br />
purposes of criticism, review, or refutation, or<br />
in the ordinary course of reporting scientific in-<br />
formation.<br />
29. Translations or abridgments.--Where the<br />
author has parted with the copyright in his<br />
book and a translation or abridgment of the book<br />
is made with the consent of the owner of the copy-<br />
right by some person other than the author, notice<br />
shall be given in the title-page of every copy of the<br />
translation or abridgment that it has been made by<br />
some person other than the author.<br />
30. Failure of author to make or cause translation<br />
of book.--Where a translation of a book into a par-<br />
ticular language is not made within ten years from<br />
the date of the publication of the book by the<br />
owner of the copyright or by some person by his<br />
authority—<br />
(a) Any person desirous of translating the<br />
book into that language may make an<br />
application in writing to the Minister<br />
for permission so to do :<br />
(b) The Minister may thereupon by notice in<br />
writing inform the owner of the copy-<br />
right of such application and request<br />
him to make or cause to be made a<br />
translation of the book into that lan-<br />
guage within such time as the Minister<br />
deems reasonable or to show cause why<br />
such application should not be granted :<br />
(c) If the owner of the copyright fails to<br />
comply with such notice the Minister<br />
may grant such application.<br />
31. Copyright in translations.—Copyright shall<br />
subsist in a lawfully-produced translation or<br />
abridgment of a book in like manner as if it<br />
were an original work.<br />
32. Notice of reservation of performing right.—<br />
(1.) Where a dramatic or musical work is pub-<br />
lished as a book, and it is intended that the<br />
performing right is to be reserved, the owner of<br />
copyright, whether he has parted with the per-<br />
forming right or not, shall cause notice of the<br />
reservation of the performing right to be printed<br />
on the title page or in a conspicuous part of every<br />
copy of the book.<br />
(2.) Defendant's rights where no notice of reserva-<br />
tion of performing right.—Where—<br />
(a) proceedings are taken for the infringe-<br />
ment of the performing right in a<br />
dramatic or musical work published as a<br />
book, and<br />
(b) the defendant proves to the satisfaction<br />
of the Court that he has in his posses-<br />
sion a copy of the book containing the<br />
dramatic or musical work and that that<br />
copy was published with the consent of<br />
the owner of the copyright, and does<br />
not contain the notice required by this<br />
Act of the reservation of the performing<br />
right,<br />
judgment may be given in his favour either with<br />
or without costs as the Court, in its discretion,<br />
thinks fit; but in any such case the owner of<br />
the performing right (if he is not the owner of the<br />
copyright) shall be entitled to recover from the<br />
owner of the copyright damages in respect of the<br />
injury he has incurred by the neglect of the owner<br />
of the copyright to cause due notice to be given of<br />
the reservation of the performing right.<br />
33. Report of lecture in a newspaper.—(1.) Unless<br />
the reporting of a lecture is prohibited by a notice<br />
as in this section mentioned, the lecturing right in<br />
a lecture shall not be infringed by a report of the<br />
lecture in a newspaper.<br />
(2.) The notice prohibiting the reporting of a<br />
lecture may be given—<br />
(a) orally at the beginning of the lecture ; or<br />
(b) by a conspicuous written notice affixed,<br />
before the lecture is given, on the<br />
entrance doors of the building in which<br />
it is given or in a place in the room<br />
in which it is given.<br />
(3.) When a series of lectures is intended to be<br />
given by the same lecturer on the same subject,<br />
one notice only need be given in respect of the<br />
whole series.<br />
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<br />
PART IV.--ARTISTIC CoPYRIGHT.<br />
34. Meaning of copyright.—The copyright in an<br />
artistic work means the exclusive right of the<br />
Owner of the copyright to reproduce or authorise<br />
another person to reproduce the artistic work, or<br />
any material part of it, in any manner, form, or<br />
size, in any material, or by any process, or for<br />
any purpose.<br />
35. Copyright in artistic works.-Copyright shall<br />
Subsist in every artistic work whether the author<br />
is a British subject or not, which is made in<br />
Australia after the commencement of this Act.<br />
36. Commencement and term of artistic copyright.<br />
—The copyright in an artistic work shall begin<br />
with the making of the work, and shall subsist for<br />
the term of forty-two years or for the author's<br />
life and seven years whichever shall last the<br />
longer.<br />
37. Ownership of copyright in artistic work.—The<br />
author of an artistic work shall be the first owner<br />
of the copyright in the work.<br />
38. Copyright in portraits.--When an artistic<br />
work, being a portrait, is made to order for valuable<br />
consideration, the person to whose order it is made<br />
shall be entitled to the copyright therein as if he<br />
were the author thereof.<br />
39. Copyright in photographs.-(1.) When a<br />
photograph is made to order for valuable con-<br />
sideration the person to whose order it is made<br />
shall be entitled to the copyright therein as if he<br />
were the author thereof.<br />
(2.) Subject to sub-section (1) of this section,<br />
when a photograph is made by an employee on<br />
behalf of his employer the employer shall be<br />
deemed to be the author of the photograph.<br />
40. Engravings and prints.--(1.) Subject to<br />
section thirty-four of this Act the engraver or<br />
other person who makes the plate or other instru-<br />
ment by which copies of an artistic work are<br />
multipled shall be deemed to be the author of<br />
the copies produceed by means of the plate or<br />
instrument.<br />
(2.) When the plate or other instrument men-<br />
tioned in this section is made by an employee on<br />
behalf of his employer the employer shall be deemed<br />
to be the author of the copies produced by means<br />
of the plate or instrument.<br />
41. Copyright in case of sale of painting, statue,<br />
or bust. (1.)—When the owner of the copyright in<br />
any artistic work being a painting, or a statue, bust,<br />
or other like work, disposes of such work for valu-<br />
able consideration, but does not assign the copy-<br />
right therein, the owner of the copyright (except<br />
as in this section mentioned) may in the absence<br />
of any agreement in writing to the contrary make<br />
a replica of such work.<br />
Right of author to make replicas of statues, etc., in<br />
public places. (2.)—When a statue, bust, or other<br />
like work, whether made to order or not, is placed<br />
or is intended to be placed in a street or other like<br />
public place, the author may, in the absence of any<br />
agreement to the contrary, make replicas thereof.<br />
42. Artistic copyright is personal property.—The<br />
copyright in an artistic work shall be personal<br />
property, and shall be capable of assignment and<br />
of transmission by operation of law.<br />
43. Copyright and ownership in artistic works.-<br />
The copyright in an artistic work and the owner-<br />
ship of the artistic work shall be deemed to be<br />
distinct properties for the purposes of ownership,<br />
assignment, licence, transmission, and all other<br />
purposes.<br />
44. Assignment of copyright.—The owner of the<br />
copyright in an artistic work may assign his right<br />
wholly or partially and either generally or limited<br />
to any particular place or period and may grant<br />
any interest therein by licence ; but an assignment<br />
or grant shall not be valid unless it is in writing<br />
signed by the owner of the copyright.<br />
PART W.-INFRINGEMENT OF COPYRIGHT.<br />
45. Infringement of rights under Act.—If any<br />
person infringes any right conferred by this Act<br />
in respect of the copyright in a book, the perform-<br />
ing right in dramatic or musical work, the lecturing<br />
right in a lecture, or the copyright in an artistic<br />
work, the owner of the right infringed may maintain<br />
an action for damages or penalties or profits, and<br />
for an injunction, or for any of those remedies.<br />
46. Damages in case of performing right or lectur-<br />
ing right.—In assessing the damages in respect of<br />
the infringement of the performing right in a<br />
dramatic or musical work or the lecturing right in<br />
a lecture, regard shall be had to the amount of<br />
profit made by the infringer by reason of the<br />
infringement, and to the amount of actual damage<br />
incurred by the owner of the performing or<br />
lecturing right.<br />
47. Notice of objection to title.—The plaintiff in<br />
any action for the infringement of a right con-<br />
ferred by this Act shall be presumed to be the<br />
owner of the right which he claims, unless the<br />
defendant in his pleadings in defence pleads that<br />
the defendant disputes the title of the plaintiff,<br />
and states the grounds on which the plea is<br />
founded, and the name of the person, if any, whom<br />
the defendant alleges to be the owner of the right.<br />
48. Limitation of actions. (Cf. 5-6 Vict. c. 45,<br />
s. 26.).-No action for any infringement of copy-<br />
right, performing right, or lecturing right under<br />
this Act shall be maintainable unless it is com-<br />
menced within two years next after the infringement<br />
is committed.<br />
49. Property in pirated books or artistic work.--<br />
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All pirated books and all pirated artistic works<br />
shall be deemed to be the property of the owner of<br />
the copyright in the book or work and may,<br />
together with the plates, blocks, stone, matrix,<br />
negative, or thing, if any, from which they are<br />
rinted or made, be recovered by him by action or<br />
other lawful method.<br />
50. Penalties for dealing with pirated books.-<br />
If any person—<br />
(a) sells, or lets for hire, or exposes offers or<br />
keeps for sale or hire, any pirated book or<br />
any pirated artistic work; or<br />
(b) distributes, or exhibits in public, any pirated<br />
book or any pirated artistic work ; or<br />
(c) imports into Australia any pirated book or<br />
any pirated artistic work,<br />
he shall be guilty of an offence against this Act,<br />
and shall be liable to a penalty not exceeding Five<br />
pounds for each copy of such pirated book or<br />
pirated artistic work dealt with in contravention<br />
of this section, and also to forfeit to the owner of<br />
the copyright every such copy so dealt with, and<br />
also to forfeit the plates, blocks, stone, matrix,<br />
negative, or thing, if any, from which the pirated<br />
book or pirated artistic work was printed or made.<br />
Provided that the whole penalties inflicted on<br />
any one offender in respect of the same transaction<br />
shall not exceed Fifty pounds.<br />
Provided also that no person shall be convicted<br />
of an offence under this section if he proves to the<br />
satisfaction of the court at the hearing that he did<br />
not know, and could not with reasonable care have<br />
ascertained, that the book was a pirated book or<br />
the work was a pirated artistic work.<br />
51. Liability in respect of use of theatre.—Where<br />
a dramatic or musical work is performed in a theatre<br />
or other place in infringement of the performing<br />
right of the owner of that right, the proprietor<br />
tenant or occupier who permitted the theatre or<br />
place to be used for the performance shall be<br />
deemed to have infringed the performing right and<br />
shall be guilty of an offence against this Act, and<br />
shall be liable to a penalty not exceeding Five<br />
pounds for each such offence and the court may, in<br />
addition to the penalty, Order the defendant to pay<br />
to the owner of the performing right in respect of<br />
each such infringement a sum by way of damages<br />
to the amount or Ten pounds, or to such amount<br />
as the court deems equal to the profits made by<br />
the performance of the work, whichever sum is<br />
greater.<br />
Provided that no person shall be convicted of an<br />
offence under this section if he proves to the<br />
satisfaction of the court at the hearing that he did<br />
not know and could not with reasonable care have<br />
ascertained that the dramatic or musical work was<br />
performed in infringement of the performing right<br />
of the owner of that right.<br />
52. Search warrant and seizure of pirated copies.—<br />
(1.) A Justice of the Peace may upon the applica-<br />
tion of the owner of the copyright in any book<br />
or in any artistic work or of the agent of such<br />
owner appointed in writing :—<br />
(a) If satisfied by evidence that there is reason-<br />
able ground for believing that pirated<br />
books or pirated artistic works are being<br />
sold, or offered for sale—issue a warrant,<br />
in accordance with the form prescribed,<br />
authorising any constable to seize the<br />
pirated books or pirated artistic works<br />
and to bring them before a court of<br />
summary jurisdiction.<br />
(b) If satisfied by evidence that there is<br />
reasonable ground for believing that<br />
pirated books or pirated artistic works<br />
are to be found in any house, shop, or<br />
other place—issue a warrant, in accord-<br />
ance with the form prescribed, authoris-<br />
ing any constable to search, between<br />
sunrise and sunset, the place where the<br />
pirated books or pirated artistic works<br />
are supposed to be, and to seize and<br />
bring them or any books or artistic works<br />
reasonably suspected to be pirated books<br />
or pirated artistic works before a court of<br />
summary jurisdiction. -<br />
(2.) A court of summary jurisdiction may, on<br />
proof that any books or artistic works brought<br />
before it in pursuance of this section are pirated<br />
books or pirated artistic works, order them to be<br />
destroyed or to be delivered up, subject to such con-<br />
ditions, if any, as the court thinks fit, to the owner<br />
of the copyright in the book or artistic work.<br />
53. Power of owner of copyright to require<br />
delivery to him of pirated books and works.— .<br />
(1.) The owner of the copyright in any-book<br />
or artistic work, or the agent of such owner<br />
appointed in writing, may by notice, in accordance<br />
with the prescribed form, require any person to<br />
deliver up to him any pirated reproduction of the<br />
book or work, and every person to whom such<br />
notice has been given, and who has any pirated<br />
reproduction of the book or work in his possession<br />
or power, shall deliver up the pirated reproduction<br />
of the book or work in accordance with the notice.<br />
Penalty : Ten pounds.<br />
(2.) A person shall not give any notice in<br />
accordance with this section without just cause.<br />
Penalty : Twenty pounds.<br />
(3.) In any prosecution under sub-section (2) of<br />
this section the defendant shall be deemed to have<br />
given the notice without just cause unless he proves,<br />
to the satisfaction of the court at the hearing, that<br />
at the time of giving the notice he was the owner<br />
of the copyright in the book or artistic work or<br />
was the agent of such owner appointed in writing,<br />
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<br />
and had reasonable ground to believe that the<br />
person to whom the notice was given had pirated<br />
reproductions of the book or work in his possession<br />
or power.<br />
54.—Power of owner of performing right to forbid<br />
performance in infringement of his right.—(1.) The<br />
owner of the performing right in a musical or<br />
dramatic work, or the agent of the owner appointed<br />
in Writing, may, by notice in writing in accordance<br />
with the prescribed form, forbid the performance<br />
of the musical or dramatic work in infringement<br />
of his right, and require any person to refrain<br />
from performing or taking part in the performance<br />
of the musical or dramatic work, and every person<br />
to whom a notice has been given in accordance with<br />
this section shall refrain from performing or taking<br />
part in the performance of the musical or dramatic<br />
Work specified in the notice in infringement of the<br />
performing right of such owner.<br />
Penalty : Ten pounds.<br />
(2.) A person shall not give any notice in pur-<br />
Suance of this section without just cause.<br />
Penalty : Twenty pounds.<br />
(3.) In any prosecution under sub-section (2) of<br />
this section, the defendant shall be deemed to have<br />
given the notice without just cause unless he proves,<br />
to the satisfaction of the court at the hearing, that<br />
at the time of giving the notice he was the owner<br />
of the performing right in the musical or dramatic<br />
work, or the agent of the owner appointed in<br />
writing, and had reasonable ground to believe that<br />
the person to whom the notice was given was about<br />
to perform or take part in the performance of the<br />
musical or dramatic work in infringement of the<br />
performing right of the owner.<br />
55. Penalty for false representations in notices.—<br />
Any person, who in any notice given in pursuance<br />
of this Act, makes a representation, which is false<br />
in fact and which he knows to be false or does not<br />
believe to be true, that he is<br />
(a) the owner of the copyright in any book or<br />
artistic work, or<br />
(b) the owner of the performing right in a<br />
musical or dramatic work, or<br />
(c) the agent of any such owner,<br />
shall be guilty of an offence against this Act.<br />
Penalty : Two years' imprisonment.<br />
56. Request to police to seize pirated books and<br />
works.--(1.) The owner of the copyright in any<br />
book or artistic work or the agent of such owner<br />
appointed in writing may, in accordance with the<br />
prescribed form, request that any pirated reproduc-<br />
tions of the book or work be seized by the police,<br />
and may lodge the request at any police station.<br />
(2.) Any police constable in the town or district<br />
in which the police station is situated (whether in<br />
the service of the Commonwealth or a State), may,<br />
at any time in the day time within seven days<br />
after the request was so lodged, seize all pirated<br />
reproductions of the book or work mentioned in<br />
the notice, and all reproductions of the book or<br />
work which he has reasonable ground to believe<br />
are pirated reproductions, found by him in the<br />
possession of any person other than the owner of<br />
the copyright in the book or work.<br />
(3.) Every police constable who seizes any books<br />
or works in pursuance of this section shall forth-<br />
with bring all such books or works before a court<br />
of summary jurisdiction.<br />
(4.) A court of summary jurisdiction may, on<br />
the application of any person interested, make such<br />
order for the disposal of the books or works as he<br />
thinks just.<br />
(5.) A person shall not lodge any request at any<br />
police station in accordance with this section with-<br />
just cause.<br />
Penalty : Twenty pounds.<br />
(6.) In any prosecution under sub-section (5) of<br />
this section the defendant shall be deemed to have<br />
lodged the request without just cause unless he<br />
proves, to the satisfaction of the court at the<br />
hearing, that at the time of lodging the request<br />
he was the owner of the copyright in the book or<br />
artistic work, or was the agent of such owner<br />
appointed in writing and had reasonable ground<br />
to believe that pirated reproductions of the book<br />
or work were being unlawfully sold, or let for hire,<br />
or exposed or offered or kept for sale or hire, or dis-<br />
tributed, or exhibited in public, in the town or<br />
district in which the police station is situated.<br />
57. Application of penalties.—Where proceedings<br />
for any penalty under this Act are instituted by<br />
the owner of the copyright in any book or in any<br />
artistic work or by the owner of the artistic work,<br />
the penalty shall be paid to him by way of com-<br />
pensation for the injury he has sustained. In any<br />
other case the penalty shall be paid to the Consoli-<br />
dated Revenue Fund.<br />
58. Aiders and abetfors.-Whoever aids, abets,<br />
counsels, or procures, or by act or omission is in<br />
any way, directly or indirectly, knowingly concerned<br />
in the commission of any offence against this Act,<br />
shall be deemed to have committed that offence,<br />
and shall be punishable accordingly.<br />
59. Limitation of actions in court of summary<br />
jurisdiction.—Proceedings may be instituted in any<br />
court of summary jurisdiction for the recovery of<br />
any penalty under this Act, but no such proceed-<br />
ings shall be instituted after the expiration of six<br />
months from the date of the offence in respect of<br />
which the penalty is imposed.<br />
60. Appeal from courts of summary jurisdiction.<br />
–An appeal shall lie from any conviction or Order<br />
(including any dismissal of any information,<br />
complaint, or application) of a court of sum-<br />
mary jurisdiction, exercising jurisdiction with<br />
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<br />
10<br />
respect to any offence or matter under this Act, to<br />
the court and in the manner and time provided by<br />
the law of the State in which the proceedings were<br />
instituted in the case of appeals from courts of<br />
summary jurisdiction in that State.<br />
61. Importafion of pirated works. – (1.) The<br />
following goods are prohibited to be imported :—<br />
(a) All pirated books in which copyright is<br />
subsisting in Australia (whether under<br />
this Act or otherwise): and<br />
(b) All pirated artistic works in which copyright<br />
is subsisting in Australia (whether under<br />
this Act or otherwise).<br />
(2.) All pirated books and pirated artistic works<br />
imported into Australia contrary to this section<br />
shall be forfeited and may be seized by any officer<br />
of Customs.<br />
3.) Subject to this Act the provisions of the<br />
Customs Act, 1901, shall apply to the seizure and<br />
forfeiture of pirated books and artistic works under<br />
this section to the same extent as if they were<br />
prohibited imports under that Act.<br />
(4.) The provisions of this section shall not<br />
apply to any book or artistic work unless the<br />
owner of the copyright therein or his agent has<br />
given written notice to the Minister of the existence<br />
of the copyright and of its term.<br />
(5.) A notice given to the Commissioners of<br />
Customs of the United Kingdom, by the owner of<br />
the copyright or his agent, of the existence of the<br />
copyright in a book or artistic work and of its<br />
term, and communicated by the said Commissioners<br />
to the Minister shall be deemed to have been given<br />
by the owner to the Minister.<br />
PART VI.-INTERNATIONAL AND STATE<br />
COPYRIGHT.<br />
62. Protection in Australia of International and<br />
State Copyright.—The owner of any copyright or<br />
performing right in any literary, musical, or<br />
dramatic work or artistic work entitled to protection<br />
in Australia by virtue of any Act of the Parliament<br />
of the United Kingdom or entitled to protection<br />
in any State by virtue of any State Copyright Act in<br />
force at the commencement of this Act shall on<br />
obtaining a certificate of the registration of his<br />
Copyright or performing right under this part<br />
of this Act have the same protection in the<br />
Commonwealth against the infringement of his<br />
copyright or performing right as the owner of any<br />
Copyright or performing right under this Act.<br />
63. Registration of International copyright.—<br />
(1.) The owner of any copyright or performing<br />
right who desires to obtain the benefit of this part<br />
of this Act may, in manner and in accordance with<br />
the form prescribed, make application to the<br />
Registrar for the registration of his copyright or<br />
performing right.<br />
(2.)—The Registrar may thereupon, and on<br />
being satisfied by proof of the prescribed particu-<br />
lars and on payment of the prescribed fee, register<br />
the copyright or performing right and issue to the<br />
applicant a certificate of registration in accordance<br />
with the prescribed form.<br />
PART WII.-REGISTRATION OF COPYRIGHTS.<br />
64. Copyright Registers.--The following Registers<br />
of copyrights shall be kept by the Registrar at the<br />
Copyright Office:–<br />
The Register of Literary Copyrights.<br />
The Register of Fine Arts Copyrights.<br />
The Register of International and State Copy-<br />
rights.<br />
65. Method of registration.—The owner of any<br />
copyright performing right or lecturing right<br />
under this Act may obtain registration of his right<br />
in the manner prescribed.<br />
66. Registration of assignments and transmis-<br />
Sions.—When any person becomes entitled to any<br />
copyright performing right or lecturing right under<br />
this Act by virtue of any assignment or trans-<br />
mission, or to any interest therein by licence, he<br />
may obtain registration of the assignment, trans-<br />
mission, or licence in the manner prescribed.<br />
67. How registration effected.—The registration<br />
of any copyright performing right or lecturing<br />
right under this Act, or of any assignment or trans-<br />
mission thereof or of any interest therein by licence,<br />
shall be effected by entering in the proper register<br />
the prescribed particulars relating to the right,<br />
assignment, transmission, or licence.<br />
68. Trusts not registered.—(1.) No notice of any<br />
trust expressed, implied, or constructive shall be<br />
entered in any Register of Copyrights under this<br />
Act or be receivable by the Registrar.<br />
(2.) Subject to this section, equities in respect<br />
of any copyright performing right or lecturing<br />
right under this Act may be enforced in the same<br />
manner as equities in respect of other personal<br />
property.<br />
69. Register to be evidence.—Every Register of<br />
copyrights under this Act shall be prima facie evi-<br />
dence of the particulars entered therein and docu-<br />
ments purporting to be copies of any entry therein or<br />
extracts therefrom certified by the Registrar and<br />
sealed with the seal of the Copyrights Office shall be<br />
admissible in evidence in all Federal or State<br />
courts without further proof or production of the<br />
Originals.<br />
70. Certified copies.—Certified copies of entries<br />
in any register under this Act or of extracts there-<br />
from shall, on payment of the prescribed fee, be<br />
given to any person applying for them.<br />
71. Inspection of register.—Each register under<br />
this Act shall be open to public inspection at all<br />
<br />
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11<br />
convenient times on<br />
fee.<br />
72. Correction of register.—The registrar may, in<br />
prescribed cases and subject to the prescribed<br />
conditions, amend or alter any register under this<br />
Act by—<br />
(a) correcting any error in any name, address, or<br />
particular ; and<br />
(b) entering any prescribed memorandum or<br />
particular relating to copyright or other<br />
right under this Act.<br />
73. Rectification of Register by the Court.—(1.)<br />
Subject to this Act the Supreme Court of any State<br />
or a judge thereof may, on the application of the<br />
Registrar or of any person aggrieved, order the<br />
rectification of any register under this Act by—<br />
(a) the making of any entry wrongly omitted to<br />
be made in the register ; or<br />
(b) the expunging of any entry wrongly made in<br />
- or remaining on the register; or<br />
(c) the correction of any error or defect in the<br />
register.<br />
(2.) An appeal shall lie to the High Court from<br />
any order for the rectification of any register<br />
made by a Supreme Court or a Judge under this<br />
section.<br />
74. Owner cannot sue before registration.—(1.)<br />
The owner of any copyright or performing right<br />
under this Act or of any interest therein by licence<br />
shall not be entitled to bring any action or suit or<br />
institute any proceedings for any infringement<br />
of the copyright or performing right unless such<br />
right or interest has been registered in pursuance<br />
of this Act. \<br />
(2.) When such right or interest has been<br />
registered the owner thereof may, subject to this<br />
Act, bring actions or suits or institute proceedings<br />
for infringements of the copyright or performing<br />
right, whether those infringements happened before<br />
or after the registration. -<br />
(3.) This section shall not affect the right of the<br />
owner of the lecturing right in a lecture to bring<br />
actions or suits or institute proceedings for<br />
infringements of his lecturing right.<br />
75. Delivery of books to registrar.—(1.) Every<br />
person applying for the registration of the copyright<br />
in any book shall deliver to the Registrar two copies<br />
of the whole book with all maps and illustrations<br />
belonging thereto, finished and coloured in the<br />
same manner as the best copies of the book are<br />
payment of the prescribed<br />
published and bound, sewed, or stitched together,<br />
and on the best paper on which the book is<br />
printed.<br />
(2) Every person applying for the registration<br />
of the copyright in any work of art shall deliver to<br />
the Registrar one copy of the work of art or a<br />
photograph of it.<br />
(3.) The Registrar shall refuse to register the<br />
Copyright in any book or work of art until sub-<br />
Sections (1) and (2) of this section have been<br />
complied with.<br />
(4.) One copy of each book delivered to the<br />
Registrar in pursuance of this section shall be<br />
forwarded by him to the librarian of the Parlia-<br />
ment, and the other copy shall be retained by the<br />
Registrar, until otherwise prescribed.<br />
76. False representation to registrar. Patents<br />
Act, 1903, S. 112.—No person shall wilfully make<br />
any false statement or representation to deceive<br />
the Registrar or any officer in the execution of this<br />
part of this Act, or to procure or influence the<br />
doing or omission of anything in relation to this<br />
part of this Act or any matter thereunder.<br />
Penalty : Three years' imprisonment.<br />
PART VIII.-MISCELLANEOUS.<br />
77. Provision against suppression of books.--If<br />
the Governor-General is satisfied that the owner of<br />
the copyright in any book, or of the performing<br />
right in any dramatic work or musical work, or of<br />
the lecturing right in any lecture, has refused,<br />
after the death of the author, to republish or allow<br />
republication of the book, or the public perform-<br />
ance of the dramatic or musical work, or the<br />
publication as a book of the lecture, and that by<br />
reason thereof the book, dramatic work, musical<br />
work, or lecture is withheld from the public, he may<br />
grant any person applying for it a licence to<br />
republish the book, or to perform the dramatic<br />
Wolk, or musical work, or to publish the lecture as<br />
a book, in such manner and subject to such<br />
conditions as to the Governor-General seem fit.<br />
78. Power to award costs.-In any action or<br />
proceeding taken in any court under this Act, the<br />
court shall have power to award costs at its<br />
discretion.<br />
79. Regulations.—The Governor-General may<br />
make regulations, not inconsistent with this Act,<br />
prescribing all matters which by this Act are<br />
required or permitted to be prescribed, or which<br />
are necessary or convenient to be prescribed for<br />
giving effect to this Act, or for the conduct of any<br />
business relating to the Copyrights Office.<br />
BRADBURY, AGNEW, & Co. LD., PRINTERs, LONDON AND TONBRIDGE.<br />
<br />
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<br />
SUPBLEMENT II<br />
UNITED STATES COPYRIGHT.<br />
<br />
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<br />
<br />
<br />
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<br />
A BILL<br />
TO AMEND AND CONSOLIDATE THE ACTS<br />
RESPECTING COPYRIGHT.<br />
CONTENTS.<br />
PAGES<br />
NATURE OF COPYRIGHT (Secs. 1–3).................................................................. 5<br />
SUBJECT-MATTER OF COPYRIGHT (Secs. 4–7) ................................................... ... 5.<br />
WHO MAY OBTAIN COPYRIGHT (Sec. 8) ............................................................ 6–7<br />
HOW TO SECURE COPYRIGHT (Secs. 9–17) ......................................................... 7–9<br />
DURATION OF COPYRIGHT (Secs. 18–20) ............................................................ 9–10<br />
Protection of CopyRIGHT (Secs, 21–36) ......................................................... 10–15<br />
TRANSFER OF COPYRIGHT (Secs. 37–45) .................. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 15–16<br />
COPYRIGHT OFFICE (Secs. 46–60)..................................................................... 16–19<br />
MISOELLANEOUs PROVISIONs (Secs. 61–64) ......................................................... 19<br />
<br />
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<br />
A B | LL<br />
TO AMEND AND CONSOLIDATE THE ACTS<br />
RESPECTING COPYRIG HT.<br />
Be it enacted by the Senate and House of Representatives of the United<br />
States of America in Congress assembled, That the copyright secured by<br />
this Act shall include the sole and exclusive right :-<br />
(a) For the purposes set forth in subsection (b) hereof, to make<br />
any copy of any work or part thereof the subject of copyright<br />
under the provisions of this Act, or to abridge, adapt, or translate<br />
into another language or dialect any such work, or make any other<br />
version thereof;<br />
(b) To sell, distribute, exhibit, or let for hire, or offer or keep<br />
for sale, distribution, exhibition, or hire any copy of such work ;<br />
(c) To deliver, or authorize the delivery of, in public for profit,<br />
any copyrighted lecture, sermon, address, or similar production<br />
prepared for oral delivery :<br />
(d) To publicly perform or represent a copyrighted dramatic<br />
work, or to convert it into a novel or other non-dramatic work ;<br />
(e) To dramatize any copyrighted non-dramatic work and<br />
produce the same either by publication or performance ;<br />
(f) To publicly perform a copyrighted musical work, or any<br />
part thereof, or for purpose of public performance or the purposes<br />
set forth in subsection (b) hereof to make any arrangement or<br />
setting of such work, or of the melody thereof, in any system of<br />
notation ;<br />
(g) To make, sell, distribute or let for hire any device, contri-<br />
Vance or appliance especially adapted in any manner whatsoever to<br />
reproduce to the ear the whole or any material part of any<br />
work published and copyrighted after this Act shall have gone into<br />
effect, or by means of any such device or appliance publicly to<br />
reproduce to the ear the whole or any material part of such work ;<br />
(h) To produce any abridgment, variation, adaptation, or<br />
arrangement of a copyrighted work of art.<br />
SEC. 2. That nothing in this Act shall be construed to annul or limit<br />
the right of the author or proprietor of an unpublished work, at<br />
common law or in equity, to prevent the copying, publication, or use<br />
of such unpublished work without his consent, or to obtain damages<br />
therefor.<br />
SEC. 3. That the copyright provided by this Act shall extend to and<br />
protect all the copyrightable component parts of the work copyrighted,<br />
any and all reproductions or copies thereof, in whatever form, style or<br />
size, and all matter reproduced therein in which copyright is already<br />
subsisting, but without extending the duration of such copyright.<br />
SEC. 4. That the works for which copyright may be secured under<br />
this Act shall include all the works of an author.<br />
SEC. 5. That the application for registration shall specify to which of<br />
the following classes the work in which copyright is claimed belongs:<br />
(a) Books, including composite and cyclopædic works, direc-<br />
tories, gazetteers, and other compilations, and new matter contained<br />
5<br />
Nature and Extent of Copy-<br />
right.<br />
Subject Matter of Copyright.<br />
Comp. Constitution, Art. 1, sec. 8 ;<br />
Rev. Stat., sec. 4952.<br />
<br />
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6<br />
Comp. Act of June 18, 1874, Sec. 3<br />
(18 Stat. at L., part III, p. 79).<br />
Comp. Rev. Stat., sec. 4959; Act<br />
of March 3, 1891, sec. 5 (26 Stat.<br />
at L., p. 1108).<br />
Not subject<br />
matter of copy-<br />
right.<br />
who May obtain Copyright<br />
Comp. Constitution, 1787, Art. 1,<br />
Sec. 8 ; Rev. Stat., sec. 4952;<br />
Act of March 3, 1891, sec. 13<br />
(26 Stat. at L., p. 1110).<br />
Comp. Act of March 3, 1891, Sec. 13<br />
(26 Stat. at L., p. 1110).<br />
in new editions; but not including works specified in other sub-<br />
sections hereunder ;<br />
(b) Periodicals, including newspapers;<br />
(c) Oral lectures, sermons, addresses;<br />
(d) Dramatic compositions;<br />
(e) Musical compositions;<br />
(f) Maps ;<br />
g) Works of art; models or designs for works of art ;<br />
(h) Reproductions of a work of art ;<br />
(i) Drawings or plastic works of a scientific or technical<br />
character;<br />
(j) Photographs;<br />
(k) Prints and pictorial illustrations;<br />
(1) Labels and prints relating to articles of manufacture, as<br />
heretofore registered in the Patent Office under the Act of June 18,<br />
1874 :<br />
Provided, nevertheless, That the above specifications shall not be held<br />
to limit the subject matter of copyright as defined in section four of<br />
this Act, nor shall any error in classification invalidate or impair the<br />
copyright protection secured under this Act.<br />
SEC. 6. That additions to copyrighted works and alterations, re-<br />
visions, abridgments, dramatizations, translations, compilations,<br />
arrangements, or other versions of works, whether copyrighted or in<br />
the public domain, shall be regarded as new works subject to copyright<br />
under the provisions of this Act ; but no such copyright shall affect the<br />
force or validity of any subsisting copyright upon the matter employed<br />
or any part thereof, or be construed to grant an exclusive right to such<br />
use of the original works.<br />
SEC. 7. That no copyright shall subsist –<br />
(a) In any publication of the United States government or any<br />
reprint, in whole or in part, thereof: Provided, however, That the<br />
publication or republication by the government, either separately<br />
or in a public document, of any material in which copyright is<br />
subsisting shall not be taken to cause any abridgment or annul-<br />
ment of the copyright or to authorize any use or appropriation of<br />
Such copyright material, without the consent of the copyright<br />
proprietor;<br />
(b) In the original text of a work by any author not a citizen<br />
of the United States first published without the limits of the<br />
United States prior to July first, eighteen hundred and ninety-one ;<br />
or in the original text of any work which has fallen into the<br />
public domain.<br />
SEC. 8. That the author or proprietor of any work made the subject<br />
of copyright by this Act, or his executors, administrators, or assigns,<br />
shall have copyright for such work under the conditions and for the<br />
terms specified in this Act: Provided, however, That the copyright<br />
secured by this Act shall extend to the work of an author or proprietor<br />
who is a citizen or subject of a foreign state or nation, only when such<br />
foreign author or proprietor,<br />
(a) Shall be living within the United States at the time of the<br />
making and first publication of his work, or shall first or cotem-<br />
poraneously publish his work within the limits of the United<br />
States ; or<br />
(b) When the foreign state or nation of which such author or<br />
proprietor is a citizen or subject grants—either by treaty, conven-<br />
tion, agreement, or law—to citizens of the United States the<br />
benefit of copyright on substantially the same basis as to its own<br />
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7<br />
citizens, or copyright protection substantially equal to the protec-<br />
tion Secured to such foreign author under this Act ; or when such<br />
foreign state or nation is a party to an international agreement<br />
which provides for reciprocity in the granting of copyright, by the<br />
terms of which agreement the United States may at its pleasure<br />
become a party thereto. -<br />
The existence of the reciprocal conditions aforesaid shall be<br />
determined by the President of the United States, by proclamation<br />
made from time to time, as the purposes of this Act may require.<br />
SEC. 9. That any person entitled thereto by this Act may secure<br />
copyright for his work by publication thereof with the notice of copy-<br />
right required by this Act ; and such notice shall be affixed to each<br />
copy thereof published or offered for sale in the United States by<br />
authority of the copyright proprietor. In the case of a work of art or<br />
a plastic work or drawing, such notice shall be affixed to the original<br />
also before publication thereof. In the case of a lecture or similar work<br />
intended only for oral delivery, notice of copyright shall be given at<br />
each public delivery thereof.<br />
SEC. 10. That such person may obtain registration of his claim to<br />
copyright by complying with the requirements prescribed in this Act ;<br />
and such registration shall be primá facie evidence of ownership.<br />
Registration may also be had of works of which copies are not repro-<br />
duced for sale, by the deposit, with claim of copyright, of the title and<br />
one complete printed or manuscript copy of such work, if it be a<br />
lecture or similar production, or a dramatic or musical composition; of<br />
a photographic print, if the work be a photograph ; or of a photograph<br />
or other identifying reproduction thereof, if it be a work of art, or a<br />
plastic work or drawing ; the notice of copyright in these latter<br />
cases being affixed to the original before publication as required by<br />
section nine above. But the privilege of registration secured hereunder<br />
shall not exempt the copyright proprietor from the requirement of<br />
deposit of copies under section eleven herein where the work is later<br />
reproduced in copies for sale.<br />
SEC. 11. That not later than thirty days (but in the case of a<br />
periodical not later than ten days) after the publication of the work<br />
upon which copyright is claimed, there shall be deposited in the Copy-<br />
right Office or in the United States mail addressed to the Register of<br />
Copyrights, Washington, District of Columbia, two complete copies of<br />
the best edition ; or if the work be a label or print relating to an article<br />
of manufacture, one such copy ; or if a contribution to a periodical for<br />
which contribution special registration is requested, one copy of the<br />
issue or issues of the periodical containing such contribution, to be<br />
deposited not later than ten days after publication ; or if the work is<br />
not reproduced in copies for sale, there shall be deposited the copy,<br />
print, photograph or other identifying reproduction required by section<br />
ten above: such copies or copy, print, photograph or other reproduction<br />
to be accompanied in each case by a claim of copyright.<br />
SEC. 12. That the postmaster to whom are delivered the articles<br />
required to be deposited under section eleven above shall, if requested,<br />
give a receipt therefor; and shall mail them to their destination<br />
without cost to the copyright claimant.<br />
SEC. 13. That of a printed book or periodical the text of the copies<br />
deposited under section eleven above shall be printed from type set<br />
How to Secure Copyright.<br />
Comp. Rev. Stat., Sec. 4956, as<br />
amended by the Act of March 3,<br />
1891, sec. 3 (26 Stat. at L.,<br />
p. 1107).<br />
Comp. Rev. Stat., Sec. 4961.<br />
U. S. type-set-<br />
ting and litho-<br />
within the limits of the United States, either by hand or by the aid of graphiº Pº<br />
any kind of typesetting machine, or from plates made from type set<br />
within the limits of the United States, or if the text be produced by<br />
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8<br />
Comp. Act of March 3, 1891, sec. 3<br />
(26 Stat. at L., p. 1107); H. R.<br />
bill no. 13355, March 2, 1904,<br />
passed by the House of Repre-<br />
sentatives April 26, 1904 (58th<br />
Cong., 2d Sess.).<br />
Comp. Act of March 3, 1905.<br />
Notice of copy-<br />
right,<br />
Comp. Rev. Stat., sec., 4962; Act<br />
of June 18, 1874, sec. 1 (18 Stat.<br />
at L., part III, p. 79); Act of<br />
March 3, 1905.<br />
lithographic process, then by a process wholly performed within the<br />
limits of the United States: which requirements shall extend also to<br />
the illustrations produced by lithographic process within a printed book<br />
consisting of text and illustrations, and also to separate lithographs,<br />
except where in either case the subjects represented are located in a<br />
foreign country ; but they shall not apply to works in raised characters<br />
for the use of the blind, and they shall be subject to the provisions of<br />
section sixteen with reference to books published abroad seeking<br />
ad interim protection under this Act.<br />
In the case of the book the copies so deposited shall be accompanied<br />
by an affidavit, under the official seal of any officer authorized to<br />
administer oaths within the United States, duly made by the person<br />
claiming copyright or by his duly authorized agent or representative<br />
residing in the United States or by the printer who has printed the<br />
book, setting forth that the copies deposited have been printed from<br />
type set within the limits of the United States or from plates made from<br />
type set within the limits of the United States, or, if the text be pro-<br />
duced by lithographic process, that such process was wholly performed<br />
within the limits of the United States.<br />
Any person who for the purpose of obtaining a copyright shall<br />
knowingly be guilty of making a false affidavit as to his having<br />
complied with the above conditions shall be deemed guilty of a<br />
misdemeanor, and upon conviction thereof shall be punished by a fine<br />
of not more than one thousand dollars, and all of his rights and<br />
privileges under said copyright shall thereafter be forfeited.<br />
Such affidavit shall state also the place within the United States, and<br />
the establishment, in which such type was set or plates were made or<br />
lithographic process was performed and the date of the completion of<br />
the printing of the book or the date of publication.<br />
SEC. 14. That the notice of copyright required by section nine shall<br />
consist either of the word “Copyright" or the abbreviation “Copr.”<br />
or, in the case of any of the works specified in sub-sections (f) to (l)<br />
inclusive, of section five of this Act, the letter C enclosed within a<br />
circle, thus: (G), accompanied in every case by the name of the author<br />
or copyright proprietor as registered in the Copyright Office ; or, in the<br />
case of works specified in subsections (f) to (l), inclusive, of Section<br />
five of this Act, by his initials, monogram, mark, or symbol, provided<br />
that on some accessible portion of the work or of the margin, back,<br />
permanent base or pedestal thereof or of the substance on which the<br />
work shall be mounted his name shall appear. But in the case of Works<br />
in which copyright is subsisting when this Act shall go into effect the<br />
notice of copyright may be either in one of the forms prescribed herein<br />
or in one of those prescribed by the Act of June 18, 1874.<br />
The notice of copyright shall be applied, in the case of a book or<br />
other printed publication, upon its title-page or the page immediately<br />
following, or if a periodical, either upon the title-page or upon the first<br />
page of text of each separate number or under the title heading ; or if<br />
a work specified in subsections (f) to (l), inclusive, of section five of this<br />
Act, upon some accessible portion of the work itself or of the margin,<br />
back, permanent base or pedestal thereof, or of the substance on which<br />
the work shall be mounted.<br />
In a composite work one notice of copyright shall suffice.<br />
Upon every copy of a published musical composition in which the<br />
right of public performance is reserved there shall be imprinted under<br />
the notice of copyright the words “Right of public performance<br />
reserved ; ” in default of which no action shall be maintained nor<br />
recovery be had for any such performance although without the consent<br />
of the copyright proprietor.<br />
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9<br />
SEC. 15. That if, by reason of any error or omission, the requirements<br />
prescribed above in section eleven have not been complied with within<br />
the time therein specified, or if failure to make registration has occurred<br />
by the error or omission of any administrative officer or employee of the<br />
United States, it shall be permissible for the author or proprietor to<br />
make the required deposit and secure the necessary registration within<br />
a period of one year after the first publication of the work: Provided,<br />
That in such case no action shall be brought for infringement of the<br />
Copyright until such requirements have been fully complied with : And<br />
provided further, That the privilege above afforded of completing the<br />
registration and deposit after the expiration of the period prescribed in<br />
Section eleven shall not exempt the proprietor of any article which bears<br />
a notice of copyright from depositing the required copy or copies upon<br />
Specific written demand therefor by the Register of Copyrights, who<br />
may make such demand at any time subsequent to the expiration of<br />
such period ; and after the said demand shall have been made, in default<br />
of the deposit of the copies of the work within one month from any<br />
part of the United States except an outlying territorial possession of<br />
the United States, or within three months from any outlying territorial<br />
possession of the United States or from any foreign country, the<br />
º of the copyright shall be liable to a fine of one hundred<br />
ollars.<br />
Where the copyright proprietor has sought to comply with the<br />
requirements of this Act as to notice and the notice has been duly<br />
affixed to the bulk of the edition published, its omission by inadvertence<br />
from a particular copy or copies, though preventing recourse against an<br />
innocent infringer without notice, shall not invalidate the copyright<br />
nor prevent recovery for infringement against any person who after<br />
actual notification of the copyright begins an undertaking to infringe it.<br />
SEC. 16. That in the case of a book published in a foreign country<br />
before publication in this country the deposit in the Copyright Office<br />
not later than thirty days after its publication abroad of one complete<br />
copy of the foreign edition with a request for the reservation of the<br />
copyright, and a statement of the name and nationality of the author<br />
and of the copyright proprietor, and of the date of publication of the<br />
said book shall secure to the author or proprietor an ad interim copy-<br />
right. Except as otherwise provided, the ad interim copyright thus<br />
secured shall have all the force and effect given to copyright by this<br />
Act, and shall endure as follows:–<br />
(a) In the case of a book printed abroad in a foreign language,<br />
for a period of two years after the first publication of the book in<br />
the foreign country;<br />
(b) In the case of a book printed abroad in the English language<br />
or in English and one or more foreign languages, for a period of<br />
thirty days after such deposit in the Copyright Office.<br />
SEC. 17. That whenever within the period of such ad interim pro-<br />
tection an authorized edition shall be produced and published from type<br />
set within the limits of the United States or from plates made there-<br />
from, (a) of a book in the English language, or (b) of a book in a foreign<br />
language, either in the original language or in an English translation<br />
thereof, and whenever the requirements prescribed by this Act as to<br />
deposit of copies, registration, filing of affidavit and the printing of the<br />
copyright notice shall have been duly complied with, the copyright shall<br />
be extended to endure in such original book for the full terms elsewhere<br />
provided in this Act.<br />
SEC. 18. That the copyright secured by this Act shall endure,<br />
(a) For twenty-eight years after the date of first publication in<br />
>{<<br />
Failure to com-<br />
ply with formali-<br />
ties.<br />
Comp. Rev. Stat., sec. 4962.<br />
Comp. Act of March 3, 1865, sec. 3<br />
(13 Stat. at L., p. 540).<br />
Ad interim pro-<br />
tection,<br />
Comp. Act of March 3, 1905.<br />
Duration of the Copyright.<br />
<br />
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## p. (#716) ################################################<br />
<br />
1()<br />
Comp, as to prints or labels, the<br />
Act of June 18, 1874, sec. 3 (18<br />
Stat. at L., part III, p. 79).<br />
Comp. Rev. Stat., secs. 4953 and<br />
4954.<br />
Extension of<br />
term of subsist-<br />
ing copyright,<br />
Comp. Act of Feb. 3, 1831, Sec. 16<br />
(4 Stat. at L., p. 439).<br />
Right of trans-<br />
lation.<br />
Comp. Act. of March 3, 1891, sec. 1<br />
(26 Stat. at L., p. 1107).<br />
Protection of the Copyright.<br />
Protection for<br />
un pub l is he d<br />
Works.<br />
In fringement<br />
of copyright,<br />
Comp. Rev. Stat., sec. 3082.<br />
the case of any print or label relating to articles of manufacture :<br />
Provided, That the copyright which at the time of the passing of<br />
this Act may be subsisting in any article named in this section<br />
shall endure for the balance of the term of copyright fixed by the<br />
laws then in force;<br />
(b) For fifty years after the date of first publication in the case<br />
of any composite or collective work; any work copyrighted by a<br />
corporate body or by the employer of the author or authors; any<br />
abridgment, compilation, dramatization, or translation ; any post-<br />
humous work; any arrangement or reproduction in some new form<br />
of a musical composition ; any photograph ; any reproduction of<br />
a work of art ; any print or pictorial illustration ; the copyrightable<br />
contents of any newspaper or other periodical ; and the additions<br />
or annotations to works previously published. *<br />
(c) For the lifetime of the author and for fifty years after his<br />
death, in the case of his original book, lecture, dramatic or musical<br />
composition, map, work of art, drawing or plastic work of a<br />
scientific or technical character, or other original work, but not<br />
including any work specified in subsections (a) or (b) hereof; and<br />
in the case of joint authors, during their joint lives and for fifty<br />
ears after the death of the last survivor of them.<br />
In all of the above cases the term shall extend to the end of the<br />
calendar year of expiration.<br />
The copyright in a work published anonymously or under an assumed<br />
name shall subsist for the same period as if the work had been produced<br />
bearing the author's true name.<br />
SEC. 19. That the copyright subsisting in any work at the time when<br />
this Act goes into effect may, at the expiration of the renewal term pro-<br />
vided for under existing law, be further renewed and extended by the<br />
author, if he be still living, or if he be dead, leaving a widow, by his<br />
widow, or in her default, or if no widow survive him, by his children, if<br />
any survive him, for a further period such that the entire term shall be<br />
equal to that secured by this Act : Provided, That application for such<br />
renewal and extension shall be made to the Copyright Office and duly<br />
registered therein within one year prior to the expiration of the existing<br />
term : And provided further, That, should such subsisting copyright<br />
have been assigned, or a license granted therein for publication upon<br />
payment of royalty, the copyright shall be renewed and extended only<br />
in case the assignee or licensee shall join in the application for such<br />
renewal and extension.<br />
SEC. 20. That the author’s exclusive right to dramatize or translate<br />
any one of his works in which copyright is subsisting shall, after the<br />
expiration of ten years from the day on which the work was registered<br />
in the Copyright Office, continue effective only in case a dramatization<br />
or translation thereof has been produced within that period by his<br />
consent or that of his assigns, and in the case of translations shall be<br />
confined to the language of any translation so produced.<br />
SEC. 21. That every person who, without the consent of the author<br />
or proprietor first obtained, shall publish or reproduce in any manner<br />
whatsoever any unpublished copyrightable work shall be liable to the<br />
author or proprietor for all damages occasioned by such injury, and to<br />
an injunction restraining such unauthorized publication, as hereinafter<br />
provided.<br />
SEC. 22. That any reproduction, without the consent of the author<br />
or copyright proprietor, of any work or any material part of any work<br />
in which copyright is subsisting shall be illegal and is hereby prohibited.<br />
The provisions of section thirty-eight hundred and ninety-three of<br />
<br />
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## p. (#717) ################################################<br />
<br />
11<br />
the Revised Statutes, prohibiting the use of the mails in certain cases,<br />
and also the provision of section thirty-eight hundred and ninety-five<br />
of the Revised Statutes, shall apply, and the importation into the<br />
United States of any such fraudulent copies or reproductions is hereby<br />
prohibited.<br />
SEC. 23. That if any person shall infringe the copyright in any<br />
work protected under the copyright laws of the United States by doing<br />
or causing to be done, without the consent of the copyright proprietor<br />
first obtained in writing, any act the exclusive right to do or authorize<br />
which is by such laws reserved to such proprietor, such person shall be<br />
liable :<br />
a) To an injunction restraining such infringement ;<br />
§ To pay to the copyright proprietor such damages as the<br />
copyright proprietor may have suffered due to the infringement,<br />
as well as all the profits which the infringer may have made from<br />
such infringement, and in proving profits the plaintiff shall be<br />
required to prove sales only and defendant shall be required to<br />
prove every element of cost which he claims; or in lieu of actual<br />
damages and profits, such damages as to the court shall appear<br />
just, to be assessed upon the following basis, but such damages<br />
shall in no case exceed the sum of five thousand dollars nor be less<br />
than the sum of two hundred and fifty dollars, and shall not be<br />
regarded as a penalty :<br />
(1) In the case of a painting, statue or sculpture or any<br />
device especially adapted to reproduce to the ear any copy-<br />
righted work, not less than ten dollars for every infringing<br />
copy made or sold by or found in the possession of the infringer<br />
or his agents or employees;<br />
(2) In the case of a lecture, sermon, or address, not less<br />
than fifty dollars for every infringing delivery;<br />
(3) In the case of a dramatic or musical composition, not<br />
less than one hundred dollars for the first and not less than<br />
fifty dollars for every subsequent infringing performance ;<br />
(4) In the case of all other works enumerated in section five<br />
of this Act, not less than one dollar for every infringing copy<br />
made or sold by or found in the possession of the infringer or<br />
his agents or employees.<br />
(c) To deliver up on oath to be impounded during the pendency<br />
of the action, upon such terms and conditions as the court may<br />
prescribe, all goods alleged to infringe a copyright :<br />
(d) To deliver up on oath for destruction all the infringing<br />
copies or devices, as well as all plates, molds, matrices or other<br />
means for making such infringing copies.<br />
Any court given jurisdiction under section thirty-two of this Act may<br />
proceed in any action instituted for violation of any provision hereof to<br />
enter a judgment or decree enforcing any of the remedies herein<br />
provided.<br />
SEC, 24. That the proceedings for an injunction, damages and profits,<br />
and those for the Seizure of infringing copies, plates, molds, matrices,<br />
etc., aforementioned, may be united in One action.<br />
SEC. 25. That any person who wilfully and for profit shall infringe<br />
any copyright secured by this Act, or who shall knowingly and<br />
wilfully aid or abet such infringement or in any wise knowingly and<br />
wilfully take part in any such infringement, shall be deemed guilty of<br />
a misdemeanor, and upon conviction thereof shall be punished by<br />
imprisonment for not exceeding one year or by a fine of not less than<br />
Remedies,<br />
Comp. Rev. Stat., sec. 4964 (as<br />
amended by Act of March 3,<br />
1891, Sec. 7, 26 Stat. at L.,<br />
p. 1109) and Rev. Stat., sec. 4965<br />
(as amended by Act of March 2,<br />
1895, 28 Stat, at L., p. 965).<br />
Comp. Rev. Stat., sec. 4966 (as<br />
amended by Act of Jan. 6, 1897,<br />
29 Stat. at L., p. 481).<br />
<br />
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## p. (#718) ################################################<br />
<br />
12<br />
one hundred dollars nor more than one thousand dollars, or both, in<br />
the discretion of the court.<br />
False notice of & Any person who, with fraudulent intent, shall insert or impress any<br />
copyright.<br />
Prohibition of<br />
importation.<br />
Comp. Rev. Stat., Sec. 3076.<br />
Comp. Rev. Stat., Sec. 838<br />
notice of copyright required by this Act, or words of the same purport,<br />
in or upon any article for which he has not obtained copyright, or with<br />
fraudulent intent shall remove or alter the copyright notice upon an<br />
article duly copyrighted, shall be guilty of a misdemeanor, punishable<br />
by a fine of not less than one hundred dollars and not more than one<br />
thousand dollars. Any person who shall knowingly issue or sell any<br />
article bearing a notice of United States copyright which has not been<br />
copyrighted in this country, or who shall knowingly import any article<br />
bearing such notice, or words of the same purport, which has not been<br />
copyrighted in this country, shall be liable to a fine of one hundred<br />
dollars.<br />
The importation into the United States of any article bearing such<br />
notice of copyright when there is no existing copyright thereon in the<br />
United States is prohibited, and such importations shall be proceeded<br />
against as provided by sections twenty-six to twenty-nine, inclusive, of<br />
this Act. ... . . ;<br />
SEC. 26. That any and all such fraudulent copies prohibited importa-<br />
tion by this Act which are brought into the United States from any<br />
foreign country shall be seized by the collector, surveyor or other<br />
officer of the customs, or any person authorized in writing to make<br />
seizures under the customs revenue laws, in the district in which they<br />
are found; and the copies so seized shall without delay be delivered<br />
into the custody of the principal customs officer of the collection<br />
district in which the seizure is made ; whereupon the said officer shall<br />
(except in cases of importation by mail) publish a notice of such<br />
seizure once a week for three successive weeks in some newspaper of the<br />
county or place where such seizure shall have been made. If no news-<br />
paper is published in such county, then such notice shall be published<br />
in some newspaper of the county in which the principal customs office<br />
of the district is situated ; and if no newspaper is published in such<br />
county, then notices shall be posted in proper public places, which<br />
notices shall describe the articles seized and state the time, cause, and<br />
place of seizure, and shall require any person claiming such articles to<br />
appear and file with such customs officer his claim to such articles<br />
within twenty days from the date of the first publication of such notice.<br />
SEC. 27. That any person claiming the property so seized may, at<br />
any time within twenty days from the date of such first publication of<br />
notice, file with the collector, or other proper officer, a claim, stating<br />
his interest in the articles seized, and deposit with such collector, or<br />
other proper officer, a bond to the United States as now prescribed by<br />
law, in the penal sum of two hundred and fifty dollars, with two sure-<br />
ties, to be approved by said collector, or other proper officer, conditioned<br />
that in case of the condemnation of the articles so claimed the obligors<br />
shall pay all the costs and expenses of the proceedings to obtain such<br />
condemnation.<br />
Such collector, or other proper officer, shall transmit the said bond<br />
with a duplicate list and description of the articles seized and claimed<br />
to the United States Attorney for the proper district, who shall proceed<br />
for a condemnation of the property by information as in customs revenue<br />
Ca,SéS.<br />
SEC. 28. That in case the property shall be condemned it shall be<br />
delivered into the custody of the United States Marshal and destroyed<br />
in such manner as the court may direct. If not condemned the said<br />
articles shall be delivered to the importer on payment of the duty, if<br />
<br />
<br />
<br />
## p. (#719) ################################################<br />
<br />
13<br />
any be due. If probable cause is found by the court as an existing<br />
fact connected with the seizure, the officer or other person making the<br />
seizure shall be entitled to a certificate affording him an absolute<br />
defense to any action on account of seizure. If no such claim shall be<br />
filed, or bond given, within the twenty days above specified, the<br />
collector, or other proper officer of the customs who has custody of the<br />
property, shall declare the same forfeited, and it shall be destroyed in<br />
such manner as shall be prescribed by the Secretary of the Treasury.<br />
SEC. 29. That mails from foreign countries shall be carefully<br />
examined by postmasters, who shall forward to the principal customs<br />
officer of the district in which the post office is situated any foreign<br />
mail package supposed to contain any article imported in violation of<br />
the provisions of this Act. Upon receipt of such package the customs<br />
officer shall detain the same in his custody and notify by mail the<br />
addressee of the package of its detention, and require him to show<br />
cause within thirty days why the supposed prohibited articles should<br />
not be destroyed. If the person so addressed shall not appear and<br />
show cause to the contrary, the customs officer shall make formal<br />
seizure of the articles contained in the package supposed to be pro-<br />
hibited importation, and if the package contains any prohibited articles<br />
shall declare the same forfeited, whereupon said articles shall be<br />
destroyed in such manner as the Secretary of the Treasury shall direct.<br />
If upon examination the articles prove to be innocent of any violation<br />
of law the package shall be forwarded to the addressee in regular<br />
course of mail, subject to the payment of customs duty, if any be due.<br />
If the addressee appears and shows to the satisfaction of the said<br />
officer that the importation of the articles is not prohibited, the said<br />
articles shall be delivered to the addressee upon payment of the customs<br />
duty, if any be due.<br />
SEC. 30. That during the existence of the American copyright in any<br />
book the importation into the United States of any foreign edition or<br />
editions thereof (although authorized by the author or proprietor) not<br />
printed from type set within the limits of the United States or from<br />
plates made therefrom, or any plates of the same not made from type<br />
set within the limits of the United States, or any editions thereof pro-<br />
duced by lithographic process not performed within the limits of the<br />
United States, in accordance with the requirements of section thirteen<br />
of this Act, shall be and is hereby prohibited : Provided, however, That<br />
such prohibition shall not apply—<br />
(a) To works in raised characters for the use of the blind;<br />
(b) To a foreign newspaper or magazine, although containing<br />
matter copyrighted in the United States printed or reprinted by<br />
authority of the copyright proprietor, unless such newspaper or<br />
magazine contains also copyright matter printed or reprinted<br />
without such authorization ;<br />
(c) To the authorized edition of a book in a foreign language or<br />
languages, of which only a translation into English has been copy-<br />
righted in this country :<br />
(d) To books in a foreign language or languages, published<br />
without the limits of the United States, but deposited and<br />
registered for an ad interim copyright under the provisions of this<br />
Act : in which case importation of copies of an authorized foreign<br />
edition shall be permitted during the ad interim term of two years,<br />
or until such time within this period as an edition shall have<br />
been produced from type set within the limits of the United<br />
States, or from plates made therefrom, or by a lithographic process<br />
performed therein as above provided ;<br />
Comp. Act of March 3, 1891, sec. 3<br />
(26 Stat. at L., p. 1107).<br />
Comp. Act of Oct. 1, 1890, Free<br />
List, sec. 513.<br />
Comp. Act of March 3, 1891, sec. 3<br />
(26 Stat. at L., p. 1108).<br />
Comp. Act of March 3, 1891, sec. 3<br />
(26 Stat. at L., p. 1107).<br />
Comp. Act of March 3, 1905,<br />
<br />
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## p. (#720) ################################################<br />
<br />
14<br />
Suits :<br />
diction.<br />
Juris-<br />
(e) To any book published abroad with the authorization of the<br />
author or copyright proprietor when imported under the circum-<br />
stances stated in one of the four sub-divisions following, that is to say:<br />
(1) When imported, not more than one copy at one time<br />
for use and not for sale, under permission given by the pro-<br />
prietor of the American copyright :<br />
(2) When imported, not more than one copy at one time,<br />
by the authority or for the use of the United States;<br />
(3) When specially imported, for use and not for sale, not<br />
more than one copy of any such book in any one invoice, in<br />
good faith, by or for any society or institution incorporated<br />
for educational, literary, philosophical, scientific or religious<br />
purposes, or for the encouragement of the fine arts, or for any<br />
college, academy, school or Seminary of learning, or for any<br />
State, school, college, university or free public library in the<br />
United States: but such privilege of importation without the<br />
consent of the American copyright proprietor shall not extend<br />
to a foreign reprint of a book by an American author copy-<br />
righted in the United States unless copies of the American<br />
edition can not be supplied by the American publisher<br />
or copyright proprietor ;<br />
(4) When such books form parts of libraries or collections<br />
purchased en bloc for the use of societies, institutions or<br />
libraries designated in the foregoing paragraph ; or form<br />
parts of the libraries or personal baggage belonging to persons<br />
or families arriving from foreign countries, and are not<br />
intended for sale :<br />
Provided, That copies imported as above may not lawfully<br />
be used in any way to violate the rights of the American<br />
copyright proprietor or annul or limit the copyright protection<br />
secured by this Act ; and such unlawful use shall be deemed<br />
an infringement of copyright.<br />
SEC. 31. That all copies of authorized editions of copyright books<br />
imported in violation of the above provisions of this Act may be<br />
exported and returned to the country of export, provided it be shown<br />
to the satisfaction of the Secretary of the Treasury upon written<br />
application that such importation does not involve wilful negligence or<br />
fraud. If absence of wilful negligence or fraud be not established to<br />
the satisfaction of the Secretary of the Treasury, the importation shall<br />
be proceeded against as in the case of fraudulent copies in the manner<br />
prescribed by sections twenty-six to twenty-nine, inclusive, of this Act.<br />
SEC. 32. That all actions arising under the copyright laws of the<br />
United States shall be originally cognizable by the circuit courts of<br />
the United States, the district court of any Territory, the Supreme<br />
Court of the District of Columbia, the district courts of Alaska, Hawaii<br />
and Porto Rico, and the courts of first instance of the Philipine<br />
Islands. -<br />
Actions arising under this Act may be instituted in the district of<br />
which the defendant is an inhabitant, or in the district where the<br />
violation of any provision of this Act has occurred.<br />
Any such court, or judge thereof, shall have power, upon bill in<br />
equity filed by any party aggrieved, to grant an injunction to prevent<br />
the violation of any right secured by said laws, according to the course<br />
and principles of courts of equity, on such terms as said court or judge<br />
may deem reasonable. Any injunction that may be granted, restraining<br />
and enjoining the doing of anything forbidden by this Act may be<br />
served on the parties against whom such injunction may be granted<br />
<br />
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## p. (#721) ################################################<br />
<br />
15<br />
anywhere in the United States, and shall be operative throughout the<br />
United States and be enforceable by proceedings in contempt, or other-<br />
Wise, by any other court or judge possessing jurisdiction of the<br />
defendant ; but the defendants, or any or either of them, may make a<br />
motion in the proper court of any other district where such a violation<br />
is alleged, to dissolve said injunction upon such reasonable notice to<br />
the plaintiff as the court or judge before whom said motion shall be<br />
made shall deem proper; service of said motion to be made on the<br />
plaintiff in person or on his attorney in the action. Said courts or<br />
judges shall have authority to enforce said injunction and to hear and<br />
determine a motion to dissolve the same, as herein provided, as fully as<br />
if the action were pending or brought in the district in which said<br />
motion is made.<br />
The clerk of the court, or judge granting the injunction, shall, when<br />
required so to do by the court hearing the application to dissolve or<br />
enforce said injunction, transmit without delay to said court a certified<br />
copy of all the papers on which the said injunction was granted that are<br />
on file in his office.<br />
When any action is brought in any place whereof the defendant is<br />
not an inhabitant, service of process shall be made by the marshal of<br />
the district of which the defendant is an inhabitant, or of the district<br />
where he may be found, upon receiving a certified copy of the process<br />
from the clerk of the court where the suit was brought, and return shall<br />
be made by said marshal to said court.<br />
SEC. 33. That the final orders, judgments or decrees of any court<br />
mentioned in section thirty-two of this Act arising under the copyright<br />
laws of the United States may be reviewed on appeal or writ of error in<br />
the manner and to the extent now provided by law for the review of<br />
cases finally determined in said courts respectively.<br />
SEC. 34. That no action shall be maintained under the provisions of<br />
this Act unless the same is commenced within three years after the<br />
Cause of action arose.<br />
SEC. 35. That in all recoveries under this Act full costs shall be<br />
allowed.<br />
SEC. 36. That nothing in this Act shall prevent, lessen, impeach, or<br />
avoid any remedy at law or in equity which any party aggrieved by any<br />
infringement of a copyright might have had if this Act had not been<br />
passed.<br />
SEC. 37. That the copyright is distinct from the property in the<br />
material object which is the subject of copyright, and the sale or con-<br />
veyance, by gift or otherwise, of the original object shall not of itself<br />
imply the cession of the copyright ; nor shall the assignment of the<br />
copyright imply the transfer of the material object.<br />
SEC. 38. That the right of translation, the right of dramatization, the<br />
right of oral delivery of a lecture, the right of representation in the<br />
case of a dramatic composition, the right of performance in the case of<br />
a musical composition, where the latter is reserved as provided in<br />
section fourteen hereof, the right to make any mechanical device by<br />
which music may be reproduced to the ear, and the right of repro-<br />
duction of a work of art or of a drawing or plastic work of a scientific<br />
or technical character shall each be deemed a separate estate subject to<br />
assignment, lease, license, gift, bequest, or inheritance.<br />
SEC. 39. That the copyright in a work of art and the ownership of<br />
the work shall be deemed to be distinct properties, and, except as pro-<br />
Comp. Rev. Stat., sec. 972.<br />
Transfer of Copyright.<br />
vided for in this Act, the copyright in any artistic work shall remain<br />
in the author of the work, even if such work be sold or disposed of by<br />
<br />
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## p. (#722) ################################################<br />
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16<br />
Assignment of<br />
copyright.<br />
For eign a s-<br />
signment.<br />
Comp. Patent Act of March 3, 1897,<br />
sec. 5 (29 Stat. at L., p. 693).<br />
Comp. Rev. Stat., sec. 4955.<br />
Comp. Act of June 18, 1874, sec. 2<br />
(18 Stat. at L., part III, p. 79).<br />
The Copyright Office,<br />
Comp. Rev. Stat., sec. 4948 ; Act of<br />
Feb. 19, 1897 (29 Stat. at L.,<br />
p. 545).<br />
Comp. Act of Feb. 19, 1897 (29<br />
Stat. at L., p. 545).<br />
Comp. Act of Feb. 19, 1897 (29<br />
Stat. at L., p. 545).<br />
such author, unless the copyright therein be expressly assigned or<br />
disposed of in writing by him, or pass by operation of law or testamentary<br />
disposition.<br />
SEC. 40. That every assignment of copyright under this Act shall be<br />
by an instrument of writing signed by the assignor.<br />
SEC. 41. That every assignment of copyright executed in a foreign<br />
country shall be acknowledged by the assignor before a consular officer<br />
or secretary of legation of the United States authorized by law to<br />
administer oaths or perform notarial acts. The certificate of such<br />
acknowledgment under the hand and official seal of such consular officer<br />
or secretary of legation shall be primá facie evidence of the execution<br />
of the instrument.<br />
SEC. 42. That every assignment of copyright shall be recorded in the<br />
Copyright Office within ninety days after its execution in the United<br />
States or within six calendar months after its execution without the<br />
limits of the United States, in default of which it shall be void as<br />
against any subsequent purchaser or mortgagee for a valuable con-<br />
sideration, without notice, whose assignment has been duly recorded.<br />
SEC. 43. That in place of the original instrument of assignment there<br />
may be sent for record a true copy of the same duly certified as such by<br />
any official authorized to take an acknowledgment to a deed.<br />
SEC. 44. That the Register of Copyrights shall, upon payment of<br />
the prescribed fee, record such assignment, and shall return to the<br />
Sender, with a certificate of record attached, under seal, the original<br />
instrument or the copy of the same so filed for record; and upon the<br />
payment of the fee prescribed by this Act he shall furnish to any person<br />
requesting the same a certified copy thereof, under the seal of the<br />
Copyright Office.<br />
SEC. 45. That when an assignment of the copyright in a specified<br />
book or other work has been recorded, the assignee shall have the<br />
privilege of Substituting his name for that of the assignor in the<br />
statutory notice of copyright prescribed by this Act.<br />
SEC. 46. That all records and other things relating to copyrights,<br />
required by law to be preserved, shall be kept and preserved in the<br />
Copyright Office, Library of Congress, District of Columbia, and shall<br />
be under the control of the Register of Copyrights, who shall, under<br />
the direction and supervision of the Librarian of Congress, perform all<br />
the duties relating to the registration of copyrights.<br />
SEC. 47. That there shall be appointed by the Librarian of Congress<br />
a Register of Copyrights, at a salary of<br />
dollars per annum, and one Assistant Register of Copyrights, at a salary<br />
Of dollars per annum, who shall have<br />
authority during the absence of the Register of Copyrights to attach<br />
the Copyright Office seal to all papers issued from the said office, and<br />
to sign such certificates and other papers as may be necessary. There<br />
shall also be appointed by the Librarian such subordinate assistants to<br />
the Register as may from time to time be authorized by law.<br />
SEC. 48. That the Register of Copyrights shall make daily deposits<br />
in some bank in the District of Columbia, designated for this purpose<br />
by the Secretary of the Treasury as a national depository, of all moneys<br />
received to be applied as copyright fees, and shall make weekly deposits<br />
with the Secretary of the Treasury, in such manner as the latter shall<br />
direct, of all copyright fees actually applied under the provisions of this<br />
Act, and annual deposits of sums received which it has not been<br />
possible to apply as copyright fees or to return to the remitters, and<br />
<br />
<br />
## p. (#723) ################################################<br />
<br />
17<br />
shall also make monthly reports to the Secretary of the Treasury and to<br />
the Librarian of Congress of the applied copyright fees for each calendar<br />
month, together with a statement of all remittances received, trust<br />
funds on hand, moneys refunded, and unapplied balances.<br />
SEC. 49. That the Register of Copyrights shall give bond to the<br />
United States in the sum of twenty thousand dollars, in form to be<br />
approved by the Solicitor of the Treasury, and with sureties satisfactory<br />
to the Secretary of the Treasury, for the faithful discharge of his duties.<br />
SEC. 50. That the Register of Copyrights shall make an annual<br />
report to the Librarian of Congress, to be printed in the Annual Report<br />
on the Library of Congress, of all copyright business for the previous<br />
fiscal year, including the number and kind of works which have been<br />
deposited in the Copyright Office during the fiscal year, under the<br />
provisions of this Act.<br />
SEC. 51. That the seal provided under the Act of July eighth,<br />
eighteen hundred and seventy, and at present used in the Copyright<br />
Office, shall continue to be the seal thereof, and by it all papers issued<br />
from the Copyright Office requiring authentication shall be authenticated.<br />
SEC. 52. That, subject to the approval of the Librarian of Congress,<br />
the Register of Copyrights shall be authorized to make reasonable rules<br />
and regulations, not inconsistent with the provisions of this Act, for the<br />
conduct of proceedings with reference to the registration of claims to<br />
copyright as provided by this Act: Provided, That no breach of such<br />
rules or regulations shall affect the validity of the copyright.<br />
SEC. 53. That the Register of Copyrights shall provide and keep such<br />
record books in the Copyright Office as are required to carry out the<br />
provisions of this Act, and whenever deposit has been made in the<br />
Copyright Office of a title or copy of any work under the provisions of<br />
this Act he shall make entry thereof.<br />
SEC. 54. That in the case of each entry the person recorded as the<br />
claimant of the copyright shall be entitled to a certificate under seal of<br />
copyright registration, to contain his name and address, the title of the<br />
work upon which copyright is claimed, the date of the deposit of the<br />
required copies of such work, and such marks as to class designation<br />
and entry number as shall fully identify the entry. In the case of a<br />
book the certificate shall also state the receipt of the affidavit required<br />
by section thirteen of this Act, and the date of the completion of the<br />
printing, or the date of the publication of the book, as stated in the<br />
said affidavit. The Register of Copyrights shall prepare a printed form<br />
for the said certificate to be filled out in each case as above provided<br />
for, which certificate sealed with the seal of the Copyright Office shall,<br />
upon payment of the prescribed fee, be given to any person making<br />
application for the same, and the said certificate shall be admitted in<br />
any court as primá facie evidence of the facts stated therein.<br />
SEC. 55. That the Register of Copyrights shall fully index all copy-<br />
right registrations, and shall print at periodic intervals a catalogue of<br />
the titles of articles deposited and registered for copyright, together<br />
with suitable indexes, and at stated intervals shall print complete and<br />
indexed catalogues for each class of copyright entries, and thereupon<br />
shall have authority to destroy the original manuscript catalogue cards<br />
containing the titles included in such printed volumes and representing<br />
the entries made during such intervals. The current catalogues of<br />
copyright entries and the index volumes herein provided for shall be<br />
admitted in any court as primá facie evidence of the facts stated therein<br />
as regards any copyright registration.<br />
Comp. Act of Feb. 19, 1897 (29<br />
Stat. at L., p. 545).<br />
Comp. Rev. Stat., sec. 4951.<br />
Comp. Rev. Stat., sec. 4949.<br />
Comp. Trade-mark Act of Feb. 20,<br />
1905, sec. 26.<br />
Comp. Rev. Stat., sec. 4957.<br />
Comp. Trade-mark Act of Feb. 20,<br />
1905, sec. 16.<br />
C a t a log u e of<br />
copyright entries.<br />
Comp. Act of March 3, 1891, Sec. 4<br />
(26 Stat. at L., p. 1108).<br />
<br />
<br />
## p. (#724) ################################################<br />
<br />
18<br />
Comp. Act. of March 3, 1891, Sec. 4<br />
(26 Stat. at L., p. 1108).<br />
Disposal of ac-<br />
Cumulated copy-<br />
right deposits.<br />
Copyright fees,<br />
Comp. Rev. Stat., sec. 4958; Act of<br />
June 18, 1874, sec. 2 (18 Stat. at<br />
L., part III, p. 79); Act of<br />
March 3, 1891, sec. 4 (26 Stat.<br />
at L., p. 1108).<br />
SEC. 56. That the said printed current catalogues as they are issued<br />
shall be promptly distributed by the Copyright Office to the collectors<br />
of customs of the United States and to the postmasters of all exchange<br />
offices of receipt of foreign mails, in accordance with revised lists of<br />
such collectors of customs and postmasters prepared by the Secretary<br />
of the Treasury and the Postmaster-General, and they shall also be<br />
furnished to all parties desiring them at a price to be determined by<br />
the Register of Copyrights not exceeding five dollars per annum for the<br />
complete catalogue of copyright entries and not exceeding one dollar<br />
per annum for the catalogues issued during the year for any one class<br />
of subjects. The consolidated catalogues and indexes shall also be<br />
Supplied to all persons ordering them at such prices as may be deter-<br />
mined to be reasonable, and all subscriptions for the catalogues shall be<br />
received by the Superintendent of Public Documents, who shall forward<br />
the said publications; and the moneys thus received shall be paid into<br />
the Treasury of the United States and accounted for under such laws<br />
and Treasury regulations as shall be in force at the time.<br />
SEC. 57. That the record books of the Copyright Office, together<br />
with the indexes to such record books, and all works deposited and<br />
retained in the Copyright Office, shall be open to public inspection at<br />
convenient times; and copies may be taken of the copyright entries<br />
actually made in such record books, subject to such safeguards and<br />
regulations as shall be prescribed by the Register of Copyrights and<br />
approved by the Librarian of Congress.<br />
SEC. 58. That of the articles deposited in the Copyright Office under<br />
the provisions of the copyright laws of the United States or of this Act,<br />
the Librarian of Congress shall determine what books and other articles<br />
shall be transferred to the permanent collections of the Library of<br />
Congress, including the Law Library, and what other books or articles<br />
shall be placed in the reserve collections of the Library of Congress for<br />
sale or exchange, or be transferred to other governmental libraries in<br />
the District of Columbia for use therein.<br />
SEC. 59. That of any articles undisposed of as above provided,<br />
together with all titles and correspondence relating thereto, the<br />
Librarian of Congress and the Register of Copyrights jointly shall at<br />
suitable intervals determine what of these received during any period<br />
of years it is desirable or useful to preserve in the permanent files of the<br />
Copyright Office, and, after due notice as hereinafter provided, may<br />
Within their discretion cause the remaining articles and other things to<br />
be destroyed : Provided, That there shall be printed in the Catalogue<br />
of Copyright Entries from February to November, inclusive, a statement<br />
of the years of receipt of such articles and a notice to permit any author,<br />
Copyright proprietor, or other lawful claimant to claim and remove<br />
before the expiration of the month of November of that year anything<br />
found which relates to any of his productions deposited or registered<br />
for copyright within the period of years stated, not reserved or disposed<br />
of as provided for in sections fifty-eight and fifty-nine of this Act :<br />
And provided further, That no manuscript of an unpublished work shall<br />
be destroyed during the term of its copyright without specific notice to<br />
the author, copyright proprietor, or other lawful claimant, permitting<br />
him to claim and remove it.<br />
SEC. 60. That the Register of Copyrights shall receive, and the<br />
persons to whom the services designated are rendered shall pay, the<br />
following fees: For the registration of any work subject to copyright<br />
deposited under the provisions of this Act, one dollar, which sum is to<br />
include a certificate under seal. For every additional certificate under<br />
Seal of registration made, fifty cents. For recording and certifying any<br />
<br />
<br />
## p. (#725) ################################################<br />
<br />
19<br />
instrument of writing for the assignment of copyright, or for any copy<br />
of an assignment, duly certified, if not over three hundred words in<br />
length, one dollar; if more than three hundred and less than one<br />
thousand words in length, two dollars; if more than one thousand<br />
words in length, one dollar for each one thousand words and fraction<br />
thereof over three hundred words. For comparing any copy of an<br />
assignment with the record of such document in the Copyright Office<br />
and certifying the same under seal, one dollar. For recording the<br />
transfer of the proprietorship of copyrighted articles, ten cents for each<br />
title of a book or other article in addition to the fee prescribed for<br />
recording the instrument of assignment. For any requested search of<br />
Copyright Office records, indexes, or deposits, fifty cents for each full<br />
hour of time consumed in making such search. For the personal<br />
inspection of copyright record books, indexes, applications, or any article<br />
deposited, including the copying of an entry actually made in any such<br />
record book, ten cents in the case of each book or other article:<br />
Provided, That for such inspection or copying, or both, if made by or on<br />
behalf of any person party to a copyright suit already begun or if the<br />
inspection and use of a book or other deposited article is made in the<br />
reading-room of the Library of Congress, or in any division of the<br />
Library to which the said article would naturally pertain, no charge<br />
shall be made : Provided further, That only one registration at one fee<br />
shall be required in the case of several volumes of the same book<br />
or periodical deposited at the same time or of a numbered series of any<br />
work specified in subsections (h), (j), (k), and (l) of section five<br />
of this Act, where such series represents the same subject with variances<br />
only in pose or composition and the items composing it are deposited<br />
at the same time under one title with a view to a single registration.<br />
SEC. 61. That in the interpretation and construction of this Act the<br />
words “United States’’ shall be construed to mean the United States<br />
and its territorial possessions, and to include and embrace all territory<br />
which is now or may hereafter be under the jurisdiction and control of<br />
the United States.<br />
SEC. 62. That in the interpretation and construction of this Act<br />
words importing the singular number shall be held to include the<br />
plural, and vice versd, except where such construction would be<br />
unreasonable, and words importing the masculine gender shall be held<br />
to include all genders, except where such construction would be absurd<br />
or unreasonable.<br />
SEC. 63. That in the interpretation and construction of this Act<br />
“ the date of publication ” shall in the case of a work of which copies<br />
are reproduced for sale or distribution be held to be the earliest date<br />
when copies of the first authorized edition were sold or placed on sale ;<br />
and the word “author’” shall include an employer in the case of works<br />
made for hire.<br />
SEC. 64. That all acts and parts of acts inconsistent herewith are<br />
hereby repealed, save and except section 4966 of the Revised Statutes,<br />
the provisions of which are hereby confirmed and continued in force,<br />
anything to the contrary in this Act notwithstanding.<br />
BRADBURY, AGNEW, & Co. LD., PRINTERS, LONDON AND TONBRIDGE.<br />
Miscellaneous Provisions.<br />
Repealing clause.<br />
<br />
<br />
## p. (#726) ################################################<br />
<br />
<br />
<br />
## p. (#727) ################################################<br />
<br />
UNITED STATES COPYRIGHT.<br />
AN ACT TO AMEND AND CONSOLIDATE THE ACTS<br />
RESPECTING COPYRIGHT.<br />
Be it enacted by the Senate and House of Representatives of the United States of<br />
America in Congress assembled, That any person entitled thereto, upon complying<br />
with the provisions of this Act, shall have the exclusive right:<br />
(a) To print, reprint, publish, copy, and vend the copyrighted work;<br />
(b.) To translate the copyrighted work into other languages or dialects, or<br />
make any other version thereof, if it be a literary work; to dramatize it if it be<br />
a nondramatic work ; to convert it into a novel or other nondramatic work if it be<br />
a drama; to arrange or adapt it if it be a musical work; to complete, execute, and<br />
finish it if it be a model or design for a work of art ;<br />
(c.) To deliver or authorize the delivery of the copyrighted work in public<br />
for profit if it be a lecture, sermon, address, or similar production ;<br />
(d.) To perform or represent the copyrighted work publicly if it be a drama<br />
or, if it be a dramatic work and not reproduced in copies for sale, to vend any<br />
manuscript or any record whatsoever thereof; to make or to procure the making<br />
of any transcription or record thereof by or from which, in whole or in part, it<br />
may in any manner or by any method be exhibited, performed, represented, pro-<br />
duced, or reproduced ; and to exhibit, perform, represent, produce, or reproduce it<br />
in any manner or by any method whatsoever;<br />
(e.) To perform the copyrighted work publicly for profit if it be a musical<br />
composition and for the purpose of public performance for profit ; and for the<br />
purposes set forth in subsection (a) hereof, to make any arrangement or setting of it<br />
or of the melody of it in any system of notation or any form of record in which<br />
the thought of an author may be recorded and from which it may be read or<br />
reproduced: Provided, That the provisions of this Act, so far as they secure copy-<br />
right controlling the parts of instruments serving to reproduce mechanically the<br />
musical work, shall include old compositions published and copyrighted after<br />
this Act goes into effect, and shall not include the works of a foreign author<br />
or composer unless the foreign state or nation of which such author or com-<br />
poser is a citizen or subject grants, either by treaty, convention, agreement, or<br />
law, to citizens of the United States similar rights : And provided further, and<br />
as a condition of extending the copyright control to such mechanical reproductions, That<br />
whenever the owner of a musical copyright has used or permitted or knowingly<br />
Exclusive right to print,<br />
publish and vend.<br />
Exclusive right to translate,<br />
dramatize, arrange and<br />
adapt, etc.<br />
Exclusive right to deliver<br />
lectures, sermons, etc.<br />
To represent dramatic<br />
works, or make record, or<br />
exhibit or perform, etc.<br />
To perform music and make<br />
arrangement, Setting, or<br />
record.<br />
Act not retroactive.<br />
Music by foreign author.<br />
Control of mechanical<br />
musical reproduction.<br />
<br />
<br />
## p. (#728) ################################################<br />
<br />
( 2 )<br />
Iłoyalty for<br />
use of music<br />
on records,<br />
etC.<br />
Notice of use<br />
of music on<br />
records.<br />
Licence to<br />
use music. On<br />
records.<br />
Failure to<br />
pay royalties.<br />
Reproduction<br />
of music on<br />
coin-operated<br />
machines.<br />
Right at<br />
common law<br />
or in equity.<br />
Component<br />
parts of copy-<br />
rightable<br />
work.<br />
Composite<br />
works or<br />
periodicals.<br />
Works pro-<br />
tected.<br />
Classification<br />
of copyright<br />
works.<br />
Books, com-<br />
posite, cyclo-<br />
paedic works;<br />
directories,<br />
gazetteers,<br />
etc.<br />
acquiesced in the use of the copyrighted work upon the parts of instruments serving to<br />
reproduce mechanically the musical work, any other person may make similar use of the<br />
copyrighted work upon the payment to the copyright proprietor of a royalty of two cents<br />
on each such part manufactured, to be paid by the manufacturer thereof; and the<br />
copyright proprietor may require, and if so the manufacturer shall furnish, a report<br />
under oath on the twentieth day of each month on the number of parts of instruments<br />
manufactured during the previous month serving to reproduce mechanically said musical<br />
work, and royalties shall be due on the parts manufactured during any month upon the<br />
twentieth of the next succeeding month. The payment of the royalty provided for by<br />
this section shall free the articles or devices for which such royalty has been paid from<br />
further contribution to the copyright except in case of public performance for profit :<br />
And provided further, That it shall be the duty of the copyright owner, if he uses the<br />
musical composition himself for the manufacture of parts of instruments serving to<br />
reproduce mechanically the musical work, or licenses others to do so, to file notice thereof,<br />
accompanied by a recording fee, in the copyright office, and any failure to file such notice<br />
shall be a complete defense to any suit, action, or proceeding for any infringement of such<br />
copyright. -<br />
In case of the failure of such manufacturer to pay to the copyright proprietor within<br />
thirty days after demand in writing the full sum of royalties due at said rate at the date<br />
of such demand the court may award taxable costs to the plaintiff and a reasonable<br />
counsel fee, and the court may, in its discretion, enter judgment therein for any sum in<br />
addition over the amount found to be due as royalty in accordance with the terms of this<br />
Act, not exceeding three times such amount.<br />
The reproduction or rendition of a musical composition by or upon coin-operated<br />
machines shall not be deemed a public performance for profit unless a fee is charged for<br />
admission to the place where such reproduction or rendition occurs.<br />
SECT. 2. That nothing in this Act shall be construed to annul or limit the right of the<br />
author or proprietor of an unpublished work, at common law or in equity, to prevent the<br />
copying, publication, or use of such unpublished work without his consent, and to obtain<br />
damages therefor.<br />
SECT. 3. That the copyright provided by this Act shall protect all the copyrightable<br />
component parts of the work copyrighted, and all matter therein in which copyright is<br />
already subsisting, but without extending the duration or scope of such copyright. The<br />
copyright upon composite works or periodicals shall give to the proprietor thereof all the<br />
rights in respect thereto which he would have if each part were individually copyrighted<br />
under this Act.<br />
Spot. 4. That the works for which copyright may be secured under this Act shall<br />
include all the writings of an author.<br />
Spor. 5. That the application for r gistration shall specify to which of the following<br />
classes the work in which copyright is claimed belongs :<br />
(a.) Books, including composite and cyclopaedic works, directories, gazetteers, and<br />
other compilations;<br />
(b.) Periodicals, including newspapers; ſe<br />
(c.) Lectures, sermons, addresses, prepared for oral delivery :<br />
(d) Dramatic or dramatico-musical compositions;<br />
(e.) Musical compositions;<br />
(f) Maps;<br />
<br />
<br />
## p. (#729) ################################################<br />
<br />
( 3 )<br />
(g.) Works of art; models or designs for works of art;<br />
(h.) Reproductions of a work of art ;<br />
(...) Drawings or plastic works of a scientific or technical character;<br />
(j.) Photographs;<br />
(k.) Prints and pictorial illustrations:<br />
Provided, nevertheless, That the above specifications shall not be held to limit<br />
the subject-matter of copyright as defined in section four of this Act, nor shall any<br />
error in classification invalidate or impair the copyright protection secured under<br />
this Act.<br />
SECT. 6. That compilations or abridgements, adaptations, arrangements,<br />
dramatizations, translations, or other versions of works in the public domain, or of<br />
Copyrighted works when produced with the consent of the proprietor of the copy-<br />
right in such work, or works republished with new matter, shall be regarded as new<br />
works subject to copyright under the provisions of this Act; but the publication of<br />
any such new works shall not affect the force or validity of any subsisting copyright<br />
upon the matter employed or any part thereof, or be construed to imply an exclusive<br />
right to such use of the original works, or to secure or extend copyright in such<br />
original works.<br />
SECT. 7. That no copyright shall subsist in the original text of any work which<br />
is in the public domain, or in any work which was published in this country or<br />
any foreign country prior to the going into effect of this Act and has not been<br />
already copyrighted in the United States, or in any publication of the United States<br />
Government, or any reprint, in whole or in part thereof: Provided, however, That<br />
the publication or republication by the Government, either separately or in a public<br />
document, of any material in which copyright is subsisting shall not be taken to<br />
cause any abridgement or annulment of the copyright or to authorize any use or appro-<br />
priation of such copyright material without the consent of the copyright proprietor.<br />
SECT. 8. That the author or proprietor of any work made the subject of copy-<br />
right by this Act, or his executors, administrators, or assigns, shall have copyright<br />
for such work under the conditions and for the terms specified in this Act : Provided,<br />
however, That the copyright secured by this Act shall extend to the work of an<br />
author or proprietor who is a citizen or subject of a foreign state or nation, only :<br />
(a.) When an alien author or proprietor shall be domiciled within the United<br />
States at the time of the first publication of his work ; or<br />
(b.) When the foreign state or nation of which such author or proprietor is a<br />
citizen or subject grants, either by treaty, convention, agreement, or law, to citizens<br />
of the United States the benefit of copyright on substantially the same basis as to<br />
its own citizens, or copyright protection substantially equal to the protection secured<br />
to such foreign author under this Act or by treaty ; or when such foreign state or<br />
nation is a party to an international agreement which provides for reciprocity in<br />
the granting of copyright by the terms of which agreement the United States may,<br />
at its pleasure, become a party thereto.<br />
The existence of the reciprocal conditions aforesaid shall be determined by the<br />
President of the United States, by proclamation made from time to time, as the<br />
purposes of this Act may require.<br />
SECT. 9. That any person entitled thereto by this Act may secure copyright<br />
for his work by publication thereof with the notice of copyright required by this<br />
Classification does not limit<br />
Copyright.<br />
Compilations, abridgments,<br />
dramatizations, transla-<br />
tions, new editions.<br />
Subsisting copyright not<br />
affected.<br />
Not subject-matter of copy-<br />
right ; works in public<br />
domain ; government pub-<br />
lications.<br />
Copyright to author or pro-<br />
prietor for terms specified<br />
in Act.<br />
Foreign authors who may<br />
secure copyright protection.<br />
Alien authors domiciled in<br />
U.S.<br />
Authors, when citizens of<br />
countries granting reci-<br />
procal rights.<br />
International agreement,<br />
Presidential proclamation.<br />
Publication with notice<br />
initiates copyright.<br />
<br />
<br />
## p. (#730) ################################################<br />
<br />
( 4 )<br />
Registration<br />
Of copyright.<br />
Copyright<br />
certificate.<br />
Copyright<br />
protection of<br />
unpublished<br />
works :<br />
lectures,<br />
dramas,<br />
music, etc.<br />
Deposit of<br />
copies after<br />
publication.<br />
Two complete<br />
copies of best<br />
edition.<br />
Periodical<br />
contributions.<br />
Work not<br />
reproduced in<br />
copies for<br />
sale.<br />
No action for<br />
infringement<br />
until deposit<br />
of copies.<br />
- Failure to<br />
deposit copies.<br />
Register of<br />
copyrights<br />
may demand<br />
copies.<br />
Failure to<br />
deposit on<br />
demand.<br />
Fine, $100<br />
and retail<br />
price of 2<br />
copies, best<br />
edition.<br />
Forfeiture of<br />
copyright.<br />
. . Postmaster's<br />
receipt.<br />
Printed from<br />
type.set<br />
within the<br />
United States.<br />
Act ; and such notice shall be affixed to each copy thereof published or offered for sale<br />
in the United States by authority of the copyright proprietor, except in the case of<br />
books seeking ad interim protection under section twenty-one of this Act.<br />
SECT, 10. That such person may obtain registration of his claim to copyright by<br />
complying with the provisions of this Act, including the deposit of copies, and upon such<br />
compliance the register of copyrights shall issue to him the certificate provided for in<br />
section fifty-five of this Act. - .<br />
SECT. 11. That copyright may also be had of the works of an author of which copies<br />
are not reproduced for sale, by the deposit, with claim of copyright, of one complete copy<br />
of such work if it be a lecture or similar production or a dramatic or musical composition;<br />
of a photographic print if the work be a photograph ; or of a photograph or other<br />
identifying reproduction thereof if it be a work of art or a plastic work or drawing. But<br />
the privilege of registration of copyright secured hereunder shall not exempt the copyright<br />
proprietor from the deposit of copies under sections twelve and thirteen of this Act where<br />
the work is later reproduced in copies for sale.<br />
SECT. 12. That after copyright has been secured by publication of the work with the<br />
notice of copyright as provided in section nine of this Act, there shall be promptly<br />
deposited in the copyright office or in the mail addressed to the register of copyrights,<br />
Washington, District of Columbia, two complete copies of the best edition thereof then<br />
published, which copies, if the work be a book or periodical, shall have been produced in<br />
accordance with the manufacturing provisions specified in section fifteen of this Act ; or<br />
if such work be a contribution to a periodical, for which contribution special registration<br />
is requested, one copy of the issue or issues containing such contribution ; or if the work<br />
is not reproduced in copies for sale, there shall be deposited the copy, print, photograph,<br />
or other identifying reproduction provided by section eleven of this Act, such copies or<br />
copy, print, photograph, or other reproduction to be accompanied in each case by a claim<br />
of copyright. No action or proceeding shall be maintained for infringement of copyright<br />
in any work until the provisions of this Act with respect to the deposit of copies and<br />
registration of such work shall have been complied with. -<br />
SECT. 13. That should the copies called for by section twelve of this Act not be<br />
promptly deposited as herein provided, the register of copyrights may at any time after<br />
the publication of the work, upon actual notice, require the proprietor of the copyright to<br />
deposit them, and after the said demand shall have been made, in deſault of the deposit<br />
of copies of the work within three months from any part of the United States, except an<br />
outlying territorial possession of the United States, or within six months from any<br />
outlying territorial possession of the United States, or from any foreign country, the<br />
proprietor of the copyright shall be liable to a fine of one hundred dollars and to pay to<br />
the Library of Congress twice the amount of the retail price of the best edition of the<br />
work, and the copyright shall become void. . . . . . . . -<br />
SECT. 14. That the postmaster to whom are delivered the articles deposited as<br />
provided in sections eleven and twelve of this Act shall, if requested, give a receipt<br />
therefor and shall mail them to their destination without cost to the copyright<br />
claimant. • * *<br />
SECT. 15. That of the printed book or periodical specified in section five, subsections<br />
(a) and (b) of this Act, except the original text of a book of foreign origin in a language<br />
or languages other than English, the text of all copies accorded protection under this Act,<br />
<br />
<br />
## p. (#731) ################################################<br />
<br />
( 5 )<br />
except as below provided, shall be printed from type set within the limits of the<br />
United States, either by hand or by the aid of any kind of typesetting machine, or<br />
from plates made within the limits of the United States from type set therein, or,<br />
if the text be produced by lithographic process, or photo-engraving process, then<br />
by a process wholly performed within the limits of the United States, and the<br />
printing of the text and binding of the said book shall be performed within the<br />
limits of the United States; which requirements shall extend also to the illus-<br />
trations within a book consisting of printed text and illustrations produced by<br />
lithographic process, or photo-engraving process, and also to separate lithographs or<br />
photo-engravings, except where in either case the subjects represented are located in<br />
a foreign country and illustrate a scientific work or reproduce a work of art; but<br />
they shall not apply to works in raised characters for the use of the blind, or to<br />
books of foreign origin in a language or languages other than English, or to books<br />
published abroad in the English language seeking ad interim protection under this Act.<br />
SECT. 16. That in the case of the book the copies so deposited shall be accom-<br />
panied by an affidavit, under the official seal of any officer authorized to administer<br />
oaths within the United States, duly made by the person claiming copyright or by<br />
his duly authorized agent or representative residing in the United States, or by the<br />
printer who has printed the book, setting forth that the copies deposited have been<br />
printed from type set within the limits of the United States or from plates made<br />
within the limits of the United States from type set therein ; or, if the text be<br />
produced by lithographic process, or photo-engraving process, that such process was<br />
wholly performed within the limits of the United States, and that the printing of<br />
the text and binding of the said book have also been performed within the limits of<br />
the United States. Such affidavit shall state also the place where and the establish-<br />
ment or establishments in which such type was set or plates were made or litho-<br />
graphic process, or photo-engraving process or printing and binding were performed<br />
and the date of the completion of the printing of the book or the date of publication.<br />
SECT. 17. That any person who, for the purpose of obtaining registration of a<br />
claim to copyright, shall knowingly make a false affidavit as to his having complied<br />
with the above conditions shall be deemed guilty of a misdemeanor, and upon con-<br />
viction thereof shall be punished by a fine of not more than one thousand dollars,<br />
and all of his rights and privileges under said copyright shall thereafter be forfeited.<br />
SECT. 18. That the notice of copyright required by section nine of this Act<br />
shall consist either of the word “Copyright" or the abbreviation “Copr.”, accom-<br />
Danied by the name of the copyright proprietor, and if the work be a printed literary,<br />
musical, or dramatic work, the notice shall include also the year in which the copy-<br />
right was secured by publication. In the case, however, of copies of works specified<br />
in subsections (f) to (%), inclusive, of section five of this Act, the notice may consist<br />
of the letter C inclosed within a circle thus : (C), accompanied by the initials,<br />
monogram, mark, or symbol of the copyright proprietor: Provided, That on some<br />
accessible portion of such copies or of the margin, back, permanent base, or<br />
pedestal, or of the substance on which such copies shall be mounted, his name<br />
shall appear. But in the case of works in which copyright is subsisting when this<br />
Act shall go into effect, the notice of copyright may be either in one of the forms<br />
prescribed herein or in one of those prescribed by the Act of June eighteenth,<br />
eighteen hundred and seventy-four.<br />
Book in foreign language<br />
excepted.<br />
Lithographic or photo-<br />
engraving process.<br />
Printing and binding of the<br />
book.<br />
Illustrations in a book.<br />
Separate lithographs and<br />
photo-engravings.<br />
Books for blind excepted.<br />
Books in foreign languages<br />
excepted.<br />
Affidavit of American<br />
manufacture.<br />
Printing and binding of the<br />
book.<br />
Establishment where print-<br />
ing was done.<br />
Date of publication.<br />
False affidavit, a misde-<br />
meanor; fine, $1,000 and<br />
forfeiture of copyright.<br />
Notice of copyright.<br />
Notice on maps, copies of<br />
works of art, photographs,<br />
and prints. -<br />
Notice on accessible por-<br />
tion.<br />
Notice on existing copy-<br />
right works.<br />
<br />
<br />
## p. (#732) ################################################<br />
<br />
( 6 ) -<br />
Notice of<br />
copyright On<br />
book.<br />
On periodical.<br />
One notice in<br />
each volume<br />
or periodical.<br />
Omission of<br />
notice by<br />
accident or<br />
mistake.<br />
Innocent<br />
infringement.<br />
Book pub-<br />
lished abroad<br />
in the English<br />
language.<br />
Ad interim<br />
copyright for<br />
30 days.<br />
Extension to<br />
full term.<br />
Deposit of<br />
copies, filing<br />
of affidavit.<br />
Duration of<br />
copyright :<br />
1st term, 28<br />
years.<br />
Posthumous<br />
works,<br />
periodicals,<br />
cyclopaedic<br />
or composite<br />
works.<br />
Renewal term<br />
28 years.<br />
Other copy-<br />
righted<br />
works, first<br />
term 28 years.<br />
Żenewal term<br />
28 years; to<br />
author,<br />
widow, chil-<br />
dren, heirs or<br />
next of kin.<br />
SECT. 19. That the notice of copyright shall be applied, in the case of a book or<br />
other printed publication, upon its title-page or the page immediately following, or if a<br />
periodical either upon the title-page or upon the first page of text of each separate number<br />
or under the title heading, or if a musical work either upon its title-page or the first page<br />
of music : Provided, That one notice of copyright in each volume or in each number of<br />
a newspaper or periodical published shall suffice.<br />
SECT. 20. That where the copyright proprietor has sought to comply with the<br />
provisions of this Act with respect to notice, the omission by accident or mistake of the<br />
prescribed notice from a particular copy or copies shall not invalidate the copyright or<br />
prevent recovery for infringement against any person who, after actual notice of the<br />
copyright, begins an undertaking to infringe it, but shall prevent the recovery of damages<br />
against an innocent infringer who has been misled by the omission of the notice ; and in<br />
a suit for infringement no permanent injunction shall be had unless the copyright<br />
proprietor shall reimburse to the innocent infringer his reasonable outlay innocently<br />
incurred if the court, in its discretion, shall so direct.<br />
SECT. 21. That in the case of a book published abroad in the English language<br />
before publication in this country, the deposit in the copyright office, not later than thirty<br />
days after its publication abroad, of one complete copy of the foreign edition, with a<br />
request for the reservation of the copyright and a statement of the name and<br />
nationality of the author and of the copyright proprietor and of the date of publication<br />
of the said book, shall secure to the author or proprietor an ad interim copyright, which<br />
shall have all the force and effect given to copyright by this Act, and shall endure until<br />
the expiration of thirty days after such deposit in the copyright office.<br />
SECT. 22. That whenever within the period of such ad interim protection an authorized<br />
edition of such book shall be published within the United States, in accordance with the<br />
manufacturing provisions specified in section fifteen of this Acty and whenever the<br />
provisions of this Act as to deposit of copies, registration, filing of affidavit, and the<br />
printing of the copyright notice shall have been duly complied with, the copyright<br />
shall be extended to endure in such book for the full term elsewhere provided in<br />
this Act. -<br />
SECT. 23. That the copyright secured by this Act shall endure for twenty-eight<br />
years from the date of first publication, whether the copyrighted work bears the author's<br />
true name or is published anonymously or under an assumed name : Provided, That in the<br />
case of any posthumous work or of any periodical, cyclopædic, or other composite work<br />
upon which the copyright was originally secured by the proprietor thereof, or of any work<br />
copyrighted by a corporate body (otherwise than as assignee or licensee of the individual<br />
author) or by an employer for whom such work is made for hire, the proprietor of such<br />
copyright shall be entitled to a renewal and extension of the copyright in such work for<br />
the further term of twenty-eight years when application for such renewal and extension<br />
shall have been made to the copyright office and duly registered therein within one year<br />
prior to the expiration of the original term of copyright : And provided further, That in<br />
the case of any other copyrighted work, including a contribution by an individual author<br />
to a periodical or cyclopaedic or other composite work when such contribution has been<br />
separately registered, the author of such work, if still living, or the widow, widower, or<br />
children of the author, if the author be not living, or if such author, widow, Widower, or<br />
children be not living, then the author's executors, or in the absence of a will, his next of<br />
kin shall be entitled to a renewal and extension of the copyright in such work for a<br />
<br />
<br />
## p. (#733) ################################################<br />
<br />
( 7 )<br />
further term of twenty-eight years when application for such renewal and extension<br />
shall have been made to the copyright office and duly registered therein within one<br />
year prior to the expiration of the original term of copyright: And provided further,<br />
That in default of the registration of such application for renewal and extension,<br />
the copyright in any work shall determine at the expiration of twenty-eight years<br />
from first publication.<br />
&<br />
SECT. 24. That the copyright subsisting in any work at the time when this Act<br />
goes into effect may, at the expiration of the term provided for under existing law,<br />
be renewed and extended by the author of such work if still living, or the widow,<br />
widower, or children of the author, if the author be not living, or if such author,<br />
widow, widower, or children be not living, then by the author's executors, or in the<br />
absence of a will, his next of kin, for a further period such that the entire term<br />
shall be equal to that secured by this Act, including the renewal period : Provided,<br />
however, That if the work be a composite work upon which copyright was originally<br />
secured by the proprietor thereof, then such proprietor shall be entitled to the<br />
privilege of renewal and extension granted under this section : Provided, That<br />
application for such renewal and extension shall be made to the copyright office and<br />
duly registered therein within one year prior to the expiration of the existing term.<br />
SECT. 25. That if any person shall infringe the copyright in any work protected<br />
under the copyright laws of the United States such persons shall be liable :<br />
(a.) To an injunction restraining such infringement ;<br />
(b.) To pay to the copyright proprietor such damages as the copyright proprietor<br />
may have suffered due to the infringement, as well as all the profits which the<br />
infringer shall have made from such infringement, and in proving profits the<br />
plaintiff shall be required to prove sales only and the defendant shall be required<br />
to prove every element of cost which he claims, or in lieu of actual damages and<br />
profits such damages as to the court shall appear to be just, and in assessing such<br />
damages the court may, in its discretion, allow the amounts as hereinafter stated,<br />
but in the case of a newspaper reproduction of a copyrighted photograph such<br />
damages shall not exceed the sum of two hundred dollars nor be less than the sum of<br />
fifty dollars, and such damages shall in no other case exceed the sum of five thousand<br />
dollars nor be less than the sum of two hundred and fifty dollars, and shall not be<br />
regarded as a penalty:<br />
First. In the case of a painting, statue, or sculpture, ten dollars for every<br />
infringing copy made or sold by or found in the possession of the infringer or<br />
his agents or employees;<br />
Second. In the case of any work enumerated in section five of this Act, except<br />
a painting, statue, or sculpture, one dollar for every infringing copy made or<br />
sold by or found in the possession of the infringer or his agents or employees;<br />
Third. In the case of a lecture, sermon, or address, fifty dollars for every<br />
infringing delivery :<br />
Fourth. In the case of dramatic or dramatico-musical or a choral or orchestral<br />
composition, one hundred dollars for the first and fifty dollars for every subse-<br />
quent infringing performance ; in the case of other musical compositions, ten<br />
dollars for every infringing performance;<br />
Notice that renewal term is<br />
desired.<br />
Copyright ends in 28 years<br />
unless renewed.<br />
Extension of subsisting<br />
copyrights.<br />
Proprietor entitled to re-<br />
newal for composite work.<br />
Renewal application.<br />
Infringement of copyright.<br />
Injunction.<br />
Damages.<br />
Proving sales.<br />
Newspaper reproduction of<br />
photograph ; recovery,<br />
$50–$200.<br />
Maximum recovery, $5,000.<br />
Minimum recovery, $250.<br />
Painting, statue, or sculp-<br />
ture, $10 for every in-<br />
fringing Copy.<br />
Other works $1 for every<br />
infringing copy.<br />
Lectures, $50 for every<br />
infringing delivery.<br />
Dramatic or musical works,<br />
$100 for first and $50 for<br />
subsequent infringing per-<br />
formance.<br />
Other musical compositions,<br />
$10 for every infringing<br />
performance.<br />
<br />
<br />
## p. (#734) ################################################<br />
<br />
( 8 )<br />
Delivering up<br />
infringing<br />
articles.<br />
Destruction<br />
of infringing<br />
copies, etc.<br />
Infringement<br />
by mechani-<br />
cal musical<br />
instrumentS.<br />
Injunction .<br />
may be<br />
grant 'd.<br />
Recovery of<br />
royalty.<br />
Notice to pro-<br />
prietor of<br />
intention to<br />
TLS62.<br />
Damages,<br />
three times<br />
amount pro-<br />
vided.<br />
Temporary<br />
injunction.<br />
Rules for<br />
practice and<br />
procedure.<br />
Judgment<br />
enforcing<br />
remedies.<br />
|Proceedings,<br />
injunction,<br />
etc., may be<br />
united in One<br />
action.<br />
Penalty for<br />
wilful in-<br />
fringement.<br />
Oratorios,<br />
cantatas, etc.,<br />
may be per-<br />
formed.<br />
False notice<br />
of copyright<br />
(penalty for).<br />
Fraudulent<br />
removal of<br />
notice ; fine,<br />
$100–$1,000.<br />
(c.) To deliver up on oath, to be impounded during the pendency of the action,<br />
upon such terms and conditions as the court may prescribe, all articles alleged to infringe<br />
a copyright : -<br />
(d) To deliver up on oath for destruction all the infringing copies or devices, as well<br />
as all plates, moulds, matrices, or other means for making such infringing copies as the<br />
court may order ; ºt<br />
(e.) Whenever the owner of a musical copyright' has used or permitted the use of<br />
the copyright work upon the parts of musical instruments serving to reproduce<br />
mechanically the musical work, then in case of infringement of such copyright by the<br />
unauthorized manufacture, use, or sale of interchangeable parts, such as disks, rolls,<br />
bands, or cylinders for use in mechanical music-producing machines adapted to<br />
reproduce the copyrighted music, no criminal action shall be brought, but in a civil action<br />
an injunction may be granted upon such terms as the court may impose, and the plaintiff<br />
shall be entitled to recover in lieu of profits and damages a royalty as provided in<br />
section one, subsection (e), of this Act : Provided also, That whenever any person, in the<br />
absence of a licence agreement, intends to use a copyrighted musical composition upon<br />
the parts of instruments Serving to reproduce mechanically the musical work, relying<br />
upon the compulsory licence provision of this Act, he shall serve notice of such intention,<br />
by registered mail, upon the copyright proprietor at his last address disclosed by the<br />
records of the copyright office, sending to the copyright office a duplicate of such notice;<br />
and in case of his failure so to do the court may, in its discretion, in addition to sums<br />
hereinabove mentioned, award the complainant a further sum, not to exceed three times<br />
the amount provided by section one, subsection (e), by Way of damages, and not as a<br />
penalty, and also a temporary injunction until the full award is paid.<br />
- Rules and regulations for practice and procedure under this section shall be prescribed<br />
by the Supreme Court of the United States.<br />
SECT. 26. That any court given jurisdiction under section thirty-four of this Act may<br />
proceed in any action, suit, or proceeding instituted for violation of any provision hereof<br />
to enter a judgment or decree enforcing the remedies herein provided.<br />
SECT. 27. That the proceedings for an injunction, damages, and profits, and those<br />
for the seizure of infringing copies, plates, moulds, matrices, and so forth, aforementioned,<br />
may be united in one action. .<br />
SECT. 28. That any person who wilfully and for profit shall infringe any copyright<br />
secured by this Act, or who shall knowingly and wilfully aid or abet such infringement,<br />
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished<br />
by imprisonment for not exceeding one year or by a fine of not less than one hundred<br />
dollars nor more than one thousand dollars, or both, in the discretion of the court :<br />
Provided, however, That nothing in this Act shall be so construed as to prevent the per-<br />
formance of religious or secular works, such as oratorios, Cantatas, masses, or octavo<br />
choruses by public schools, church choirs, or vocal societies, rented, borrowed, or obtained<br />
from some public library, public school, church choir, school choir, or vocal Society, pro-<br />
vided the performance is given for charitable or educational purposes and not for profit.<br />
SECT. 29. That any person who, with fraudulent intent, shall insert or impress<br />
any notice of copyright required by this Act, or words of the same purport, in or upon<br />
any uncopyrighted article, or with fraudulent intent shall remove or alter the copyright<br />
notice upon any article duly copyrighted shall be guilty of a misdemeanor, punishable by<br />
<br />
<br />
## p. (#735) ################################################<br />
<br />
( 9 )<br />
a fine of not less than one hundred dollars and not more than one thousand dollars.<br />
Any person who shall knowingly issue or sell any article bearing a notice of United<br />
States coypright which has not been copyrighted in this country, or who shall know-<br />
ingly import any article bearing such notice or words of the same purport, which has<br />
not been copyrighted in this country, shall be liable to a fine of one hnndred dollars.<br />
SECT. 30. That the importation into the United States of any article bearing a<br />
false notice of copyright when there is no existing copyright thereon in the United<br />
States, or of any piratical copies of any work copyrighted in the United States, is<br />
prohibited.<br />
SECT. 31. That during the existence of the American copyright in any book<br />
the importation into the United States of any piratical copies thereof or of any copies<br />
thereof (although authorized by the author or proprietor) which have not been pro-<br />
duced in accordance with the manufacturing provisions specified in section fifteen of<br />
this Act, or any plates of the same not made from type set within the limits of the<br />
United States, or any copies thereof produced by lithographic or photo-engraving<br />
process not performed within the limits of the United States, in accordance with<br />
the provisions of section fifteen of this Act, shall be, and is hereby, prohibited :<br />
Provided, however, That, except as regards piratical copies, such prohibtion shall not<br />
apply :<br />
(a.) To works in raised characters for the use of the blind ;<br />
(b.) To a foreign newspaper or magazine, although containing matter copy-<br />
righted in the United States printed or reprinted by authority of the copyright<br />
proprietor, unless such newspaper or magazine contains also copyright matter<br />
printed or reprinted without such authorization ; t<br />
(c.) To the authorized edition of a book in a foreign language or languages of<br />
which only a translation into English has been copyrighted in this country :<br />
(d) To any book published abroad with the authorization of the author or<br />
copyright proprietor when imported under the circumstances stated in one of the<br />
four subdivisions following, that is to say :<br />
First. When imported, not more than one copy at one time, for individual use<br />
and not for sale; but such privilege of importation shall not extend to a foreign<br />
reprint of a book by an American author copyrighted in the United States;<br />
Second. When imported by the authority or for the use of the United States;<br />
Third. When imported, for use and not for sale, not more than one copy of<br />
any such book in any one invoice, in good faith, by or for any society or<br />
institution incorporated for educational, literary, philosophical, scientific, or<br />
religious purposes, or for the encouragement of the fine arts, or for any college,<br />
academy, school, or seminary of learning, or for any State, school, college,<br />
university, or free public library in the United States :<br />
Fourth. When such books form parts of libraries or collections purchased<br />
en bloc for the use of societies, institutions, or libraries designated in the fore-<br />
going paragraph, or form parts of the libraries or personal baggage belonging<br />
to persons or families arriving from foreign countries and are not intended<br />
for sale: Provided, That copies imported as above may not lawfully be used<br />
in any way to violate the rights of the proprietor of the American copyright or<br />
annul or limit the copyright protection secured by this Act, and such unlawful<br />
use shall be deemed an infringement of copyright.<br />
Issuing, selling, or import-<br />
ing article bearing false<br />
notice; fine, $100.<br />
Importation prohibited of<br />
articles bearing false notice<br />
and piratical copies.<br />
Prohibition of importation<br />
of books.<br />
Exceptions to prohibition<br />
of importation :<br />
Works for the blind.<br />
Foreign newspapers or<br />
magazines.<br />
Books in foreign languages<br />
of which only translations<br />
are copyrighted.<br />
Importation of authorized<br />
foreign books permitted.<br />
For individual use and not<br />
for sale.<br />
For the use of the United<br />
States.<br />
For the use of societies,<br />
libraries, etc.<br />
Libraries purchased en bloc.<br />
Books brought personally<br />
into the United States.<br />
Imported copies not to be<br />
used to violate copyright.<br />
<br />
<br />
## p. (#736) ################################################<br />
<br />
( 10 )<br />
Seizure of un-<br />
lawfully im-<br />
ported copies.<br />
Copies of<br />
authorized<br />
books im-<br />
ported may<br />
be returned.<br />
Secretary of<br />
Treasury and<br />
Postmaster-<br />
General to<br />
make rules to<br />
prevent un-<br />
lawful im-<br />
portation.<br />
Jurisdiction<br />
of courts in<br />
copyright<br />
CàSČS.<br />
T)istrict in<br />
which suit<br />
may be<br />
brought.<br />
Injunctions<br />
may be<br />
granted.<br />
Certified copy<br />
of papers<br />
filed.<br />
Judgments,<br />
etc., may be<br />
reviewed on<br />
appeal or writ<br />
of error.<br />
No criminal<br />
proceedings<br />
shall be main-<br />
tained after<br />
three years.<br />
SECT. 32. That any and all articles prohibited importation by this Act which are<br />
brought into the United States from any foreign country (except in the mails) shall be<br />
seized and forfeited by like proceedings as those provided by law for the seizure and<br />
condemnation of property imported into the United States in violation of the customs<br />
revenue laws. Such articles when forfeited shall be destroyed in such manner as the<br />
Secretary of the Treasury or the court, as the case may be, shall direct : Provided,<br />
however, That all copies of authorized editions of copyright books imported in the mails<br />
or otherwise in violation of the provisions of this Act may be exported and returned to<br />
the country of export whenever it is shown to the satisfaction of the Secretary of the<br />
Treasury, in a written application, that such importation does not involve wilful negligence<br />
or fraud. -<br />
SECT. 33. That the Secretary of the Treasury and the Postmaster-General are hereby<br />
empowered and required to make and enforce such joint rules and regulations as shall<br />
prevent the importation into the United States in the mails of articles prohibited<br />
importation by this Act, and may require notice to be given to the Treasury Department<br />
or Post-Office Department, as the case may be, by copyright proprietors or injured parties,<br />
of the actual or contemplated importation of articles prohibited importation by this Act,<br />
and which infringe the rights of such copyright proprietors or injured parties.<br />
SECT. 34. That all actions, suits, or proceedings arising under the copyright laws of<br />
the United States shall be originally cognizable by the circuit courts of the United States,<br />
the district court of any Territory, the Supreme court of the District of Columbia, the<br />
district courts of Alaska, Hawaii, and Porto Rico, and the courts of first instance of the<br />
Philippine Islands.<br />
SECT. 35. That civil actions, suits, or proceedings arising under this Act may be<br />
instituted in the district of which the defendant or his agent is an inhabitant, or in which<br />
he may be found.<br />
SECT. 36. That any such court or judge thereof shall have power, upon bill in equity<br />
filed by any party aggrieved, to grant injunctions to prevent and restrain the violation of<br />
any right secured by said laws, according to the course and principles of courts of equity,<br />
on such terms as said court or judge may deem reasonable. Any injunction that may be<br />
granted restraining and enjoining the doing of anything forbidden by this Act may be<br />
served on the parties against whom such injunction may be granted anywhere in the<br />
United States, and shall be operative throughout the United States and be enforceable<br />
by proceedings in contempt or otherwise by any other court or judge possessing jurisdiction<br />
of the defendants.<br />
SECT. 37. That the clerk of the court, or judge granting the injunction, shall, when<br />
required so to do by the court hearing the application to enforce said injunction, transmit<br />
without delay to said court a certified copy of all the papers in said cause that are on file<br />
in his office.<br />
SECT. 38. That the orders, judgments, or decrees of any court mentioned in section<br />
thirty-four of this Act arising under the copyright laws of the United States may be<br />
reviewed on appeal or writ of error in the manner and to the extent now provided by law<br />
for the review of cases determined in said courts, respectively.<br />
SECT. 39. That no criminal proceeding shall be maintained under the provisions of<br />
this Act unless the same is commenced within three years after the cause of action<br />
3.TOSé.<br />
<br />
<br />
## p. (#737) ################################################<br />
<br />
( 11 )<br />
- SECT. 40. That in all actions, suits, or proceedings under this Act, except when<br />
brought by or against the United States or any officer thereof, full costs shall be<br />
allowed, and the court may award to the prevailing party a reasonable attorney's<br />
fee as part of the costs. - *<br />
SECT. 41. That the copyright is distinct from the property in the material<br />
object copyrighted, and the sale or conveyance, by gift or otherwise, of the material<br />
Object shall not of itself constitute a transfer of the copyright, nor shall the assign-<br />
ment of the copyright constitute a transfer of the title to the material object ; but<br />
nothing in this Act shall be deemed to forbid, prevent, or restrict the transfer of<br />
any copy of a copyrighted work the possession of which has been lawfully obtained.<br />
SECT. 42. That copyright secured under this or previous Acts of the United<br />
States may be assigned, granted, or mortgaged by an instrument in writing signed<br />
by the proprietor of the copyright, or may be bequeathed by will.<br />
SECT. 43. That every assignment of copyright executed in a foreign country<br />
shall be acknowledged by the assignor before a consular officer or secretary of<br />
legation of the United States authorized by law to administer oaths or perform<br />
notarial acts. The certificate of such acknowledgement under the hand and<br />
official seal of such consular officer or secretary of legation shall be prima facie<br />
evidence of the execution of the instrument.<br />
SECT. 44. That every assignment of copyright shall be recorded in the copy-<br />
right office within three calendar months after its execution in the United States or<br />
within six calendar months after its execution without the limits of the United States,<br />
in default of which it shall be void as against any subsequent purchaser or mortgagee<br />
for a valuable consideration, without notice, whose assignment has been duly recorded.<br />
. SECT. 45. That the register of copyrights shall, upon payment of the prescribed<br />
fee, record such assignment, and shall return it to the sender with a certificate of<br />
record attached under seal of the copyright office, and upon the payment of the fee<br />
prescribed by this Act he shall furnish to any person requesting the same a certified<br />
copy thereof under the said seal.<br />
SECT. 46. That when an assignment of the copyright in a specified book or<br />
other work has been recorded the assignee may substitute his name for that of the<br />
assignor in the statutory notice of copyright prescribed by this Act.<br />
SECT. 47. That all records and other things relating to copyrights required<br />
by law to be preserved shall be kept and preserved in the copyright office, Library<br />
of Congress, District of Columbia, and shall be under the control of the register<br />
of copyrights, who shall, under the direction and supervision of the Librarian of<br />
Congress, perform all the duties relating to the registration of copyrights.<br />
SECT. 48. That there shall be appointed by the Librarian of Congress a register<br />
of copyrights, at a salary of four thousand dollars per annum, and one assistant<br />
register of copyrights, at a salary of three thousand dollars per annum, who shall<br />
have authority during the absence of the register of copyrights to attach the copy-<br />
right office seal to all papers issued from the said office and to sign such certificates<br />
and other papers as may be necessary. There shall also be appointed by the Librarian<br />
such subordinate assistants to the register as may from time to time be authorized<br />
by law. .<br />
Full costs shall be allowed.<br />
Copyright distinct from<br />
property in material object.<br />
Transfer of any copy of<br />
copyrighted work permitted.<br />
Copyright may be assigned,<br />
mortgaged, or bequeathed<br />
by will.<br />
Assignment executed in<br />
foreign country to be<br />
acknowledged.<br />
Assignments to be recorded.<br />
Register of copyrights to<br />
record assignments.<br />
Assignee's name may be<br />
substituted in copyright<br />
notice.<br />
Copyright records.<br />
Tegister of copyrights and<br />
assistant register of copy-<br />
rights.<br />
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<br />
Register of<br />
copyrights to<br />
deposit and<br />
account for<br />
fees.<br />
Shall make<br />
monthly re-<br />
port of fees.<br />
Bond of<br />
register of<br />
copyrights.<br />
Annual re-<br />
port of<br />
register of<br />
CQpyrights.<br />
Seal of copy-<br />
right office.<br />
Rules for the<br />
registration of<br />
copyrights.<br />
Record books.<br />
Entry of<br />
copyright,<br />
Certificate of<br />
registration.<br />
Certificate for<br />
book to state<br />
receipt of<br />
affidavit.<br />
Certificate<br />
may be given<br />
to any person.<br />
Receipt for<br />
copies de-<br />
posited.<br />
Index to<br />
copyright<br />
registrations.<br />
SECT. 49. That the register of copyrights shall make daily deposits in some bank in<br />
the District of Columbia, designated for this purpose by the Secretary of the Treasury as<br />
a national depository, of all moneys received to be applied as copyright fees, and shall<br />
make weekly deposits with the Secretary of the Treasury, in such manner as the latter<br />
shall direct, of all copyright fees actually applied under the provisions of this Act, and<br />
annual deposits of sums received which it has not been possible to apply as copyright fees.<br />
or to return to the remitters, and shall also make monthly reports to the Secretary of the<br />
Treasury and to the Librarian of Congress of the applied copyright fees for each calendar<br />
month, together with a statement of all remittances received, trust funds on hand, moneys<br />
refunded, and unapplied balances,<br />
SECT, 50. That the register of copyrights shall give bond to the United States in the<br />
sum of twenty thousand dollars, in form to be approved by the Solicitor of the Treasury<br />
and with sureties satisfactory to the Secretary of the Treasury, for the faithful discharge<br />
of his duties.<br />
SECT. 51. That the register of copyrights shall make an annual report to the<br />
Librarian of Congress, to be printed in the annual report on the Library of Congress, of<br />
all copyright business for the previous fiscal year, including the number and kind of<br />
works which have been deposited in the copyright office during the fiscal year, under the<br />
provisions of this Act.<br />
SECT, 52. That the seal provided under the Act of July eighth, eighteen hundred<br />
and seventy, and at present used in the copyright office, shall continue to be the seal<br />
thereof, and by it all papers issued from the copyright office requiring authentication<br />
shall be authenticated.<br />
SECT. 53. That, subject to the approval of the Librarian of Congress, the register of<br />
copyrights shall be authorized to make rules and regulations for the registration of claims.<br />
to copyright as provided by this Act.<br />
SECT. 54. That the register of copyrights shall provide and keep such record books<br />
in the copyright office as are required to carry out the provisions of this Act, and when-<br />
ever deposit has been made in the copyright office of a copy of any work under the<br />
porvisions of this Act he shall make entry thereof.<br />
SECT. 55. That in the case of each entry the person recorded as the claimant of the<br />
copyright shall be entitled to a certificate of registration under seal of the copyright office,<br />
to contain his name and address, the title of the work upon which copyright is claimed,<br />
the date of the deposit of the copies of such work, and such marks as to class designation<br />
and entry number as shall fully identify the entry. In the case of a book the certificate<br />
shall also state the receipt of the affidavit as provided by section sixteen of this Act, and the<br />
date of the completion of the printing, or the date of the publication of the book, as stated<br />
in the said affidavit. The register of copyrights shall prepare a printed form for the said<br />
certificate, to be filled out in each case as above provided for, which certificate, sealed with<br />
the seal of the copyright office, shall, upon payment of the prescribed fee, be given to any<br />
person making application for the same, and the said certificate shall be admitted in any<br />
court as primá facie evidence of the facts stated therein. In addition to such certificate<br />
the register of copyrights shall furnish, upon request, without additional fee, a receipt for<br />
the copies of the work deposited to complete the registration.<br />
SECT. 56. That the register of copyrights shall fully index all copyright registrations<br />
and assignments and shall print at periodic intervals a catalogue of the titles of articles<br />
<br />
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<br />
( . 13 )<br />
deposited and registered for copyright, together with suitable indexes, and at stated<br />
intervals shall print complete and indexed catalogues for each class of copyright entries,<br />
and may thereupon, if expedient, destroy the original manuscript catalogue cards containing<br />
the titles included in such printed volumes and representing the entries made during such<br />
intervals. The current catalogues of copyright entries and the index volumes herein<br />
provided for shall be admitted in any court as primá facie evidence of the facts stated<br />
therein as regards any copyright registration.<br />
SECT. 57. That the said printed current catalogues as they are issued shall be<br />
promptly distributed by the copyright office to the collectors of customs of the United<br />
States and to the postmasters of all exchange offices of receipt of foreign mails, in accor-<br />
dance with revised lists of such collectors of customs and postmasters prepared by the<br />
Secretary of the Treasury and the Postmaster-General, and they shall also be furnished to<br />
all parties desiring them at a price to be determined by the register of copyrights, not<br />
exceeding five dollars per annum for the complete catalogue of copyright entries and not<br />
exceeding one dollar per annum for the catalogues issued during the year for any one<br />
class of subjects. The consolidated catalogues and indexes shall also be supplied to all<br />
persons ordering them at such prices as may be determined to be reasonable, and all<br />
subscriptions for the catalogues shall be received by the Superintendent of Public<br />
Documents, who shall forward the said publications; and the moneys thus received shall<br />
be paid into the Treasury of the United States and accounted for under such laws and<br />
Treasury regulations as shall be in force at the time.<br />
SECT. 58. That the record books of the copyright office, together with the indexes to<br />
such record books, and all works deposited and retained in the copyright office, shall be<br />
open to public inspection ; and copies may be taken of the copyright entries actually<br />
made in such record books, subject to such safeguards and regulations as shall be<br />
prescribed by the register of copyrights and approved by the Librarian of Congress.<br />
SECT, 59. That of the articles deposited in the copyright office under the provisions<br />
of the copyright laws of the United States or of this Act, the Librarian of Congress shall<br />
determine what books and other articles shall be transferred to the permanent collections<br />
of the Library of Congress, including the law library, and what other books or articles<br />
shall be placed in the reserve collections of the Library of Congress for sale or exchange,<br />
or be transferred to other governmental libraries in the District of Columbia for use<br />
therein. *<br />
SECT. 60. That of any articles undisposed of as above provided, together with all<br />
titles and correspondence relating thereto, the Librarian of Congress and the register of<br />
copyrights jointly shall, at suitable intervals, determine what of these received during<br />
any period of years it is desirable or useful to preserve in the permanent files of the<br />
copyright office, and, after due notice as hereinafter provided, may within their discretion<br />
cause the remaining articles and other things to be destroyed: Provided, That there<br />
shall be printed in the Catalogue of Copyright Entries from February to November,<br />
inclusive, a statement of the years of receipt of such articles and a notice to permit any<br />
author, copyright proprietor, or other lawful claimant to claim and remove before the<br />
expiration of the month of December of that year anything found which relates to any of<br />
his productions deposited or registered for copyright within the period of years stated,<br />
not reserved or disposed of as provided for in this Act: And provided further, That no<br />
manuscript of an unpublished, work shall be destroyed during its term of copyright<br />
Catalogue of<br />
copyright.<br />
entries.<br />
Catalogue<br />
cards.<br />
Catalogues<br />
and indexes<br />
primâ facie<br />
evidence.<br />
Distribution<br />
of catalogue<br />
of copyright<br />
entries.<br />
Subscription<br />
price.<br />
Superin-<br />
tendent of<br />
documents to<br />
receive sub-<br />
Scriptions.<br />
Record books,<br />
etc., open to<br />
inspection.<br />
Copies may<br />
be taken of<br />
entries in<br />
record books.<br />
Disposition of<br />
Copyright<br />
deposits.<br />
Preservation<br />
of copyright<br />
deposits.<br />
Disposal of<br />
copyright<br />
deposits.<br />
Manuscript<br />
copies to be<br />
preserved.<br />
<br />
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<br />
( 14 )<br />
Fees.<br />
Fee for registration.<br />
Fee for certificate.<br />
Fee for recording assign-<br />
ment.<br />
Fee for copy of assignment.<br />
Fee for recording notice of<br />
user upon mechanical<br />
musical instruments.<br />
Fee for comparing copy of<br />
assignment.<br />
Fee for recording renewal<br />
of copyright.<br />
Fee for recording transfer<br />
of proprietorship.<br />
Fee for search.<br />
Only one registration re-<br />
quired for work in several<br />
volumes.<br />
Definitions :<br />
“Date of publication.”<br />
“Author.”<br />
Repealing clause.<br />
Date of enforcement.<br />
without specific notice to the copyright proprietor of record, permitting him to<br />
claim and remove it.<br />
SECT. 61. That the register of copyrights shall receive, and the persons to whom<br />
the services designated are rendered shall pay, the following fees: For the regis-<br />
tration of any work subject to copyright, deposited under the provisions of this<br />
Act, one dollar, which sum is to include a certificate of registration under seal:<br />
Provided, That in the case of photographs the fee shall be fifty cents where a<br />
certificate is not demanded. For every additional certificate of registration made,<br />
fifty cents. For recording and certifying any instrument of writing for the assign-<br />
ment of copyright, or any such licence specified in section one, subsection (e), or<br />
for any copy of such assignment or licence, duly certified, if not over three hundred<br />
words in length, one dollar; if more than three hundred and less than one thousand<br />
words in length, two dollars; if more than one thousand words in length, one dollar<br />
additional for each one thousand words or fraction thereof over three hundred<br />
Words. For recording the notice of user or acquiescence specified in section one,<br />
subsection (e), twenty-five cents for each notice if not over fifty words, and an<br />
additional twenty-five cents for each additional one hundred words. For comparing<br />
any copy of an assignment with the record of such document in the copyright office<br />
and certifying the same under seal, one dollar. For recording the extension or<br />
renewal of copyright provided for in sections twenty-three and twenty-four of this<br />
Act, fifty cents. For recording the transfer of the proprietorship of copyrighted<br />
articles, ten cents for each title of a book or other article, in addition to the fee<br />
prescribed for recording the instrument of assignment. For any requested search<br />
of copyright office records, indexes, or deposits, fifty cents for each full hour of<br />
time consumed in making such search : Provided, That only one registration at<br />
one fee shall be required in the case of several volumes of the same book deposited<br />
at the same time.<br />
SECT. 62. That in the interpretation and construction of this Act “the date<br />
of publication ” shall in the case of a work of which copies are reproduced for<br />
sale or distribution be held to be the earliest date when copies of the first<br />
authorized edition were placed on sale, sold, or publicly distributed by the proprietor<br />
of the copyright or under his authority, and the word “author’” shall include an<br />
employer in the case of works made for hire.<br />
SECT. 63. That all laws or parts of laws in conflict with the provisions of this<br />
Act are hereby repealed, but nothing in this Act shall affect causes of action for<br />
infringement of copyright heretofore committed now pending in courts of the<br />
United States, or which may hereafter be instituted ; but such causes shall be<br />
prosecuted to a conclusion in the manner heretofore provided by law.<br />
SECT. 64. That this Act shall go into effect on the first day of July, nineteen<br />
hundred and nine.<br />
Approved, March 4, 1909.<br />
This Act goes into effect July 1, 1909,<br />
BRADBURY, AGNEW, & Co. LD., PRINTERs, LonDON AND TONBRIDGE,<br />
<br />
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<br />
IMPERIAL COPYRIGHT CONFERENCE.<br />
- - 1910.<br />
MEMORANDUM OF THE PROCEEDINGS,<br />
PRESENTED To BOTH HOUSES OF PARLIAMENT BY COMMAND OF HIS MAJESTY,<br />
July, 1910,<br />
As long ago as 1878 a Royal Commission reported that the British Copyright Law stood in<br />
urgent need of revision and amendment. It has not hitherto been possible to give full effect to the<br />
recommendations of the Royal Commission, owing to the difficulty of the questions involved, but a<br />
new importance has been given to the matter by the revision of the International Copyright<br />
Convention, carried out by the International Conference held at Berlin in October and November<br />
1908.<br />
The revised Convention, which was signed ad referendum by the British delegates on behalf of<br />
His Majesty's Government, embodies certain alterations which cannot be put into force in the British<br />
Empire without a change in the existing law. The revised Convention was examined, from the point<br />
of view of the interests of the United Kingdom, by a strong Departmental Committee, presided over<br />
by Lord Gorell, which reported in December, 1909, substantially in favour of the ratification of the<br />
Convention. Before, however, any action could be taken to carry out the recommendations of the<br />
Committee it was necessary to ascertàin the views of the other parts of the Empire.<br />
A Conference of representatives of all the self-governing Dominions, convened as a subsidiary<br />
Conference of the Imperial Conference, and comprising also a representative of the India Office,<br />
accordingly met to consider in what manner the existing uniformity of law on copyright could best<br />
be maintained and in what respects the existing law should be modified, the basis for discussion<br />
being the revised Copyright Convention.<br />
This Conference met on May 18, 1910, at the Foreign Office. The Right Honourable Sydney<br />
Buxton, M.P., President of the Board of Trade, was in the chair, and was assisted by Sir H. Llewellyn<br />
Smith, K.C.B., Permanent Secretary, Mr. G. R. Askwith, C.B., K.C., and Mr. W. Temple Franks,<br />
representing the Board of Trade; Mr. H. W. Just, C.B., C.M.G., Secretary to the Imperial Conference,<br />
representing the Colonial Office; Mr. A. Law, C.B., representing the Foreign Office ; Sir Thomas<br />
Raleigh, K.C.S.I., Member of the Council of India, representing the India Office; and Mr. F. F.<br />
Iiddell, of the Office of the Parliamentary Counsel.<br />
The representatives of the self-governing Dominions were : the Hon. Sydney Fisher, Minister of<br />
Agriculture, accompanied by Mr. P. E. Ritchie (Dominion of Canada); the Right Hon. Lord<br />
Tennyson, G.C.M.G. (Commonwealth of Australia); the Hon. Sir W. Hall Jones, K.C.M.G.<br />
(Dominion of New Zealand); the Hon. Sir Richard Solomon, K.C.B., K.C.M.G., K.C.V.O., K.C.<br />
(Union of South Africa); and the Hon. Sir Edward Morris, K.C. (Newfoundland).<br />
Mr. A. B. Keith, of the Colonial Office, and Mr. T. W. Phillips, of the Board of Trade, acted as<br />
Joint Secretaries of the Conference, .<br />
<br />
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( 2 )<br />
At the opening meeting the President, briefly outlined the reasons which had led to the<br />
º of the Conference, and indicated the chief points to which attention should be directed,<br />
as follows:—<br />
“GENTLEMEN,<br />
“The immediate reason for our meeting here is the Berlin Copyright Conference of two<br />
years ago, in which many of the great nations took part. The outcome of the Conference was the<br />
Revised Convention which was signed at Berlin on behalf of the British Government—signed, I<br />
desire to say, ad referendum, with full liberty to ratify or not, or to make reservations to the<br />
Convention, if it were subsequently thought advisable.<br />
“The first International Copyright Convention was that of Berne in 1887, when for the first<br />
time an attempt was made to form an International Union for the reciprocal protection of authors<br />
among the various nations which were party to it. I take it that the fundamental basis of that<br />
Convention was that all the nations joining the Union should reciprocally give the advantage of their<br />
various local Copyright Acts to other members of the Union. The Berne Convention did not go very<br />
much further than that in the direction of providing a code of International Copyright Law owing<br />
to the great divergencies which then existed between the various local Copyright Acts. There was a<br />
further Conference in Paris in 1896 in which some amendments were made. A considerable time<br />
then passed, and during that interval, with the exception of the United Kingdom, where, I am sorry<br />
to say, we have not for very many years past made any progress in copyright reform, nearly every other<br />
nation belonging to the Union, influenced partly, we may suppose, by the Berne Convention, remodelled<br />
its Copyright Acts, and brought them more into accord with present-day requirements and present-<br />
day views. Some of them, in anticipation of the revision of the Convention, made reciprocal Treaties<br />
with regard to these matters, in order to give each other the advantages which accrued from their<br />
local legislation. In consequence, a desire sprang up on the Continent to have a further Conference<br />
with a view to framing a revised and more complete Convention. This Conference took place in<br />
Berlin in 1908, and was of a very representative character. Perhaps, in that connection, I may just<br />
refer to the great loss we all feel the copyright question has sustained by the death of Sir Henry<br />
Bergne, who was the chief British delegate at that Conference.<br />
“The result of that Conference was the drafting of a revised Convention which it is proposed<br />
shall supersede the various other Agreements and Conventions which are now in force. The British<br />
delegates were authorised to sign that Convention subject to subsequent ratification, if, after<br />
consideration by His Majesty's Government and by those representing the Dominions, it was thought<br />
advisable to ratify, or to ratify subject to certain reservations.<br />
“The advance which was made in the Berlin Convention was partly to provide a single document<br />
instead of the three that previously existed, and partly to embody a number of important amendments.<br />
The result was that, as regards the United Kingdom especially, various proposals were adopted which<br />
are somewhat new to our laws. One of the principal alterations which is proposed in the Berlin<br />
Convention—indeed, many of its proposals are dependent on it—is the entire abolition, in Inter-<br />
national relations, of what are called ‘formalities,’ that is to say, that there should be no necessity<br />
for registration or other formalities in order to obtain or retain copyright.<br />
“The Convention dealt also with the question of the date from which copyright should run,<br />
whether from the end of the author's life or from publication, and with the question of the period of<br />
copyright. The proposal made was that copyright should run for life and for fifty years afterwards.<br />
This proposal, as you know, differs to a considerable extent from our existing system of copyright.<br />
“There are also proposals to grant a wider copyright to literary works, and to give the protection<br />
of copyright to, for instance, music against its reproduction without payment by mechanical means.<br />
Some of these points are new, so far as we are concerned, or are differently treated under our law.<br />
“All these points, and others to which I need not now refer, were very carefully examined by a<br />
strong Departmental Committee appointed by the Board of Trade and presided over by Lord Gorell.<br />
This Committee came unanimously to the conclusion that the Berlin Convention should be ratified ;<br />
and, further, they came to substantial agreement on very nearly every point, I think, with regard to<br />
these various questions connected with the proposals of the Convention.<br />
“That is the International position. With the Imperial position you are familiar ; and you are<br />
aware of the very great difficulties which, up to now, have beset the path, and which have rendered<br />
it difficult or impossible to deal with the reform of the Copyright Law.<br />
“But there is another strong reason for dealing with the question. As long ago as 1878 a<br />
Royal Commission reported that the British Copyright Law stood in urgent need of reform, but,<br />
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( 3 )<br />
owing to the difficulties of the question—inherent, International and Imperial—scarcely anything<br />
has been done to carry their recommendations into effect.<br />
“The Berlin Convention has shown further defects, and the examination by the Gorell Committee<br />
has further proved that the question is of great importance and of great urgency. Indeed, I feel<br />
sure that anyone who has studied the question of copyright must admit that the time has fully come<br />
when, quite apart from any question of the Berlin Convention, or the Imperial aspect of the question,<br />
the question of copyright really ought to be dealt with afresh.<br />
“When I came to examine the copyright question in view of this Conference, I found, as I think<br />
everybody who has had to deal with it has found, that it abounds in questions of the utmost com-<br />
plexity. I think it was the Commission of 1878 who reported that ‘the law ' (that is, the Copyright<br />
Law) “is wholly destitute of any sort of arrangement, incomplete, often obscure, and even when it is<br />
intelligible upon long study, it is in many parts so ill-expressed that no one who does not give such<br />
study to it can expect to understand it’; and they go on to make other observations of the same sort<br />
with regard to our Copyright Law, and urge strongly that it requires amendment, simplification and<br />
codification, and should be placed on a systematic and uniform basis.<br />
“It is clear from what I have said that adherence to the Berlin Convention would involve in some<br />
respects a considerable departure from our copyright system and our Copyright Acts here, and would<br />
involve, therefore, an Act of Parliament. That being so, it became necessary for His Majesty's<br />
Government to consider what should be their attitude in reference to the Berlin Convention, and they<br />
recognised, of course, as they have always done with regard to these copyright matters, that it was an<br />
Imperial as well as a United Kingdom question, and that it was necessary, therefore, to take into<br />
consultation those representing the Self-governing Dominions over the seas. That is the reason, as<br />
you are aware, why delegates representative of the self-governing Dominions, of the Dependency of<br />
India, and of the Home Government are met this morning.<br />
“In regard to the general position, His Majesty's Government have come to the conclusion, in<br />
the first place, that it is of the highest importance, both from the point of view of efficiency and from<br />
the point of view of the Imperial connection, to obtain uniformity of legislation as regards copyright<br />
throughout the British Empire. That is the first proposition they desire to place before the<br />
Conference.<br />
“In the second place, they consider it highly important to attain as great a degree of uniformity<br />
as is reasonably practicable among the principal nations of the world with regard to International<br />
copyright. Taking those two points together, they consider it desirable, therefore, to ratify the<br />
Berlin Convention, if this course is practicable without any undue sacrifice of any important British<br />
interests.<br />
“In examining this matter we shall, of course, have to consider the details on their merits and<br />
what they involve. His Majesty's Government are of opinion that it is important that, if we ratify<br />
the Berlin Convention at all, we should ratify with as few alterations and reservations as possible. I<br />
desire, however, to say with regard to the detailed provisions of the Convention that we are not com-<br />
mitted in any sense to their terms, and that they will be fully open to discussion by the Conference,<br />
in order to see how far they may be applicable to us here or to the Dominions, and how far we may<br />
wish to modify them or to reserve points in connection with them.”<br />
The Conference then resolved itself into Committee for the discussion of the subject in detail.<br />
Seven meetings were held, and after full discussion the following Resolutions were agreed to :—<br />
RATIFICATION OF REVISED CONVENTION.<br />
1. “The Conference, having considered in substance the revised Copyright Convention, recom-<br />
mends that the Convention should be ratified by the Imperial Government on behalf of the various<br />
parts of the Empire; and that with a view to uniformity of International Copyright any reservations<br />
made should be confined to as few points as possible. No ratification should, however, be made on<br />
behalf of a self-governing Dominion until its assent to ratification has been received ; and provision<br />
should be made for the separate withdrawal of each self-governing Dominion.<br />
IMPERIAL COPYRIGHT LAW.<br />
2.--(a) “The Conference recognises the urgent need of a new and uniform Law of Copyright<br />
throughout the Empire, and recommends that an Act dealing with all the essentials of Imperial Copy-<br />
right Law should be passed by the Imperial Parliament, and that this Act, except such of its provisions<br />
<br />
<br />
## p. (#746) ################################################<br />
<br />
( 4 )<br />
as are expressly restricted to the United Kingdom, should be expressed to extend to all the British<br />
possessions: Provided that the Act shall not extend to a self-governing Dominion unless declared by<br />
the Legislature of that Dominion to be in force therein, either without any modifications or additions,<br />
or with such modifications and additions relating exclusively to procedure and remedies as may be<br />
enacted by such Legislature. s<br />
(b) “Any self-governing Dominion which adopts the new Act should be at liberty subsequently<br />
to withdraw from the Act, and for that purpose to repeal it so far as it is operative in that Dominion,<br />
subject always to treaty obligations and respect for existing rights.<br />
(c) “Where a self-governing Dominion has passed legislation substantially identical with the new<br />
Imperial Act, except for the omission of any provisions which are expressly restricted to the United<br />
Ringdom, or for such modifications as are verbal only, or are necessary to adapt the Act to the circum-<br />
stances of the Dominion, or relate exclusively to procedure or remedies or to works first published<br />
within or the authors whereof are resident in the Dominion, the Dominion should, for the purposes<br />
of the rights conferred by the Act, be treated as if it were a Dominion to which the Act extends.<br />
(d) “A self-governing Dominion which neither adopts the Imperial Act nor passes substantially<br />
identical legislation, should not enjoy in other parts of the Empire any rights except such as may be<br />
conferred by Order in Council, or, within a self-governing Dominion, by Order of the Governor in<br />
Council.<br />
(e) “The Legislature of any British Possession (whether a self-governing Dominion or not) to<br />
which the new Imperial Act extends, should have power to modify or add to any of its provisions in<br />
its application to the Possession ; but, except so far as such modifications and additions relate to pro-<br />
cedure and remedies, they should apply only to works the authors whereof are resident in the Possession<br />
and to works first published therein.<br />
REPEAL OF EXISTING COPYRIGHT ACTS.<br />
3. “The Conference is of opinion that as from the date on which the new Imperial Act takes<br />
effect, the existing Imperial Copyright Acts should be repealed so far as regards the parts of the<br />
Empire to which the new Act extends. In any self-governing Dominion to which the new Imperial<br />
Act does not extend the existing Imperial Acts should, so far as they are operative in that Dominion,<br />
continue in force until repealed by the Legislature of that Dominion.<br />
INTERNATIONAL COPYRIGHT.<br />
4.—(a) “The Conference is of opinion that, saye in so far as it may be extended by Orders in<br />
Council, copyright under the new Imperial Act should subsist only in works of which the author is a<br />
British subject, or is boná, fide resident in one of the parts of the British Empire to which the Act<br />
extends; and that copyright should cease if the work be first published elsewhere than in such parts<br />
of the Empire.<br />
(b) “The Conference is of opinion that, if possible, it should be made clear on ratification that<br />
the obligations imposed by the Convention on the British Empire should relate solely to works the<br />
authors of which are subjects or citizens of a country of the Union, or bomá fide resident therein; and<br />
that in any case it is essential that the above reservation should be made in regard to any self-governing<br />
T}ominion which so desires.<br />
5. “His Majesty should have power to direct by Order in Council that the benefits of the new<br />
Imperial Act, or any part thereof, shall be granted, with or without conditions, to the works of authors,<br />
being subjects or citizens of, or residents in a foreign country, and to works first published in that<br />
country, conditionally on the foreign country in question making proper provision for the protection<br />
of British subjects entitled to copyright ; provided that Orders granting the benefits of the Act to a<br />
foreign country within any self-governing Dominion should be made by the Governor in Council of<br />
that Dominion. w<br />
DEFINITION OF COPYRIGHT.<br />
6. “The Conference is of opinion that, subject to proper qualifications, copyright should<br />
include the sole right to produce or reproduce a work, or any substantial part thereof, in any material<br />
form whatsoever and in any language, to perform, or in the case of a lecture to deliver, the Work or<br />
any substantial part thereof in public, and, if the work is unpublished, to publish the work, and<br />
should include the sole right to dramatise novels and vice versá, and to make records, &c., by means<br />
of which a work may be mechanically performed.<br />
<br />
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## p. (#747) ################################################<br />
<br />
( 5 )<br />
TERM OF COPYRIGHT.<br />
7.—(a) “The Conference is of opinion that, in order to dispense with formalities as a condition<br />
of copyright, and to ensure that the whole of an author's works fall into the public domain simul-<br />
taneously, the term of copyright ought to be based on the life of the author with the addition of a<br />
certain number of years,<br />
(b) “The Conference understands that it would be impossible to obtain International uniformity<br />
on the basis of any other term of copyright than one of life and fifty years, and attaches great<br />
importance to the attainment of such uniformity. -<br />
(c) “The Conference further understands that the enactment of a term of copyright which in<br />
many cases would be less than that which at present subsists would introduce grave complications in<br />
applying the new Act to existing works.<br />
(d) “Having regard to these considerations, and especially to the importance of securing<br />
International uniformity, the Conference is of opinion that, subject to the conditions hereafter<br />
indicated, the term of copyright should be life and fifty years ; but that in the case of a work of<br />
joint authorship the term of copyright should be the life of the author who first dies and fifty years<br />
after his death, or the life of the author who dies last, whichever period is the longer.<br />
(e) “The Conference is of opinion that, if a term of life and fifty years is granted to literary,<br />
dramatic, musical and aristic works, it is essential that, in the case of published works, effective<br />
provision should be made to secure that after the death of the author the reasonable requirements of<br />
the public be met as regards the supply and the terms of publication of the work, and permission to<br />
perform it in public. The recommendation of the Conference as to the term of copyright is<br />
conditional on the enactment of some provision of this nature.<br />
ABOLITION OF FORMALITIES.<br />
8. “The Conference is of opinion that no formalities, such as registration, should be imposed<br />
as a condition of the existence or the exercise of the rights granted by the new Act.<br />
“For the purpose, however, of the protection of an innocent infringer no damages should be<br />
recoverable if the infringer proves that he was not aware, and had no reasonable means of making<br />
himself aware, that copyright subsisted in the work; but every person would be deemed to be<br />
effected with notice of the existence of copyright if the proper particulars have been entered in a<br />
register established for the purpose. Registration, however, should be optional merely. -<br />
INCLUSION OF ARCHITECTURE AND ARTISTIC CRAFTs.<br />
9. “The Conference is of opinion that an original Work of art should not lose the protection of<br />
artistic copyright solely because it consists of, or is embodied in, a work of architecture or craftsman-<br />
ship ; but that it should be clearly understood that such protection is confined to its artistic form<br />
and does not extend to the processes or methods of production, or to an industrial design capable of<br />
registration under the law relating to designs and destined to be multiplied by way of manufacture<br />
or trade.<br />
APPLICATION TO ExISTING WORKS.<br />
10. “The Conference is of opinion that existing works in which copyright actually subsists at<br />
the commencement of the Act (but no others) should enjoy, subject to existing rights, the same<br />
protection as future works, but the benefit of any extension of terms should belong to the author of<br />
the work, subject, in the case where he has assigned his existing rights, to a power on the part of the<br />
assignee at his option either to purchase the full benefit of the copyright during the extended term or,<br />
without acquiring the full copyright, to continue to publish the work on payment of royalties, the<br />
payments in either case to be fixed by arbitration if necessary.<br />
MISCELLANEOUS.<br />
11. “The Conference is of opinion that provision should be made to stop the importation of<br />
pirated copies of a copyright work into any part of His Majesty's Dominions to which the Imperial<br />
Act extends.<br />
<br />
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## p. (#748) ################################################<br />
<br />
( 6 )<br />
“The Conference is further of opinion that it is not desirable to continue the special provisions<br />
of the Foreign Reprints Act, at least so far as regards self-governing Dominions. 4.<br />
12. “The Conference is of opinion that it is undesirable expressly to confer rights on the<br />
authors of works which themselves infringe the copyright in other works, and that if necessary a<br />
reservation to this effect should be made when the revised Convention is ratified.” -<br />
A draft Bill for the consolidation and amendment of the Law of Copyright embodying the above<br />
conclusions was submitted to the Conference, and generally approved, after discussion in detail.<br />
<br />
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## p. (#749) ################################################<br />
<br />
COPYRIGHT BILL.<br />
ARRANGEMENT OF CLAUSES.<br />
PART I.<br />
IMPERIAL COPYRIGHT.<br />
Clause. Rights.<br />
1.<br />
2.<br />
3.<br />
i<br />
12.<br />
13.<br />
14.<br />
i5.<br />
- 16.<br />
25.<br />
26.<br />
27.<br />
28.<br />
Copyright.<br />
Term of copyright.<br />
Ownership of copyright, &c.<br />
Civil Remedies.<br />
. Rights of owner against persons possessing or dealing with pirated copies, &c.<br />
. Infringement by sale, &c.<br />
Exemption of innocent infringer from liability to pay damages, &c.<br />
Remedies in the case of architecture.<br />
. Limitation of actions.<br />
Summary Remedies.<br />
. Penalties for dealing with pirated copies, &c.<br />
10.<br />
. Power to seize copies of works on hawkers.<br />
Search warrant and hawking of pirated copies of works.<br />
Power to arrest without warrant persons selling, &c., pirated copies of works.<br />
Appeals to quarter sessions.<br />
Extent of provisions as to summary remedies.<br />
Importalion of Copies.<br />
Importation of copies.<br />
Delivery of Books to Libraries.<br />
Delivery of copies to British Museum and other libraries.<br />
Registration.<br />
. Registration.<br />
Special Provisions as to certain Works.<br />
. Posthumous works.<br />
. Works of joint authors.<br />
. Collective works.<br />
. Provisions as to newspapers.<br />
. Provisions as to photographs.<br />
. Provisions as to designs registrable under 7 Edw.7, c. 29.<br />
. Existing works.<br />
Application to British Possessions.<br />
Application of Act to British Dominions.<br />
Legislative powers of self-governing Dominions.<br />
Power of Legislatures of British possessions to pass supplemental legislation.<br />
Application to protectorates.<br />
<br />
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## p. (#750) ################################################<br />
<br />
( 8 )<br />
Copyright.<br />
PART II.<br />
INTERNATIONAL COPYRIGHT.<br />
Clause.<br />
29. Power to extend Act to foreign works.<br />
30. Evidence of foreign copyright.<br />
31. Application of Part II. to British possessions.<br />
PART III.<br />
SUPPLEMENTAL PROVISIONS.<br />
32. Abrogation of common law rights.<br />
33. Provisions as to Orders in Council.<br />
34. Saving of university copyright.<br />
35. Saving of compensation to certain libraries.<br />
36. Interpretation.<br />
37. Repeal.<br />
38. Short title and commencement.<br />
SCHEDULES.<br />
A BILL TO AMEND AND CONSOLIDATE THE LAW RELATING<br />
TO COPYRIGHT. A.D. 1910. -<br />
BE it enacted by the King's most Excellent Majesty, by and with the advice and<br />
consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament<br />
assembled, and by the authority of the same, as follows:–<br />
PART I.<br />
IMPERIAL COPYRIGHT.<br />
Rights,<br />
1.—(1) Subject to the provisions of this Act, copyright shall subsist throughout the<br />
parts of His Majesty's dominions to which this Act extends for the term hereinafter<br />
mentioned in every original literary, dramatic, musical and artistic work the author<br />
whereof was at the date of the making of the work a British subject, or a resident within<br />
such parts of His Majesty's dominions as aforesaid:<br />
Provided that if any work in which copyright subsists is first published elsewhere than<br />
in the parts of His Majesty's dominions to which this Act extends, then, except as other-<br />
wise provided by this Act, the copyright in the work shall cease on such publication.<br />
(2) For the purposes of this Act “copyright " means the sole right to produce or<br />
reproduce the work or any substantial part thereof in any material form whatsoever and in<br />
any language ; to perform, or in the case of a lecture to deliver, the work or any sub-<br />
stantial part thereof in public ; if the work is unpublished, to publish the work; and<br />
shall include the sole right,<br />
(a) in the case of a dramatic work, to convert it into a novel or other non-dramatic<br />
work;<br />
(b) in the case of a novel or other non-dramatic work, to convert it into a dramatic<br />
work, either by way of multiplication of copies or by way of performance in<br />
public ;<br />
(c) in the case of a literary, dramatic, or musical work, to make any record, perforated<br />
roll, or other contrivance by means of which the work may be mechanically<br />
performed,<br />
and to authorise any such acts as aforesaid :<br />
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## p. (#751) ################################################<br />
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( 9 )<br />
Provided that—<br />
(i) copyright shall not be infringed by making for private use an abridgment or<br />
a translation of a literary or dramatic work, or an adaptation, transposition,<br />
arrangement or setting of a musical work, or studies or sketches from an<br />
artistic work, or by making fair extracts from or otherwise fairly dealing with<br />
the contents of any such work for the purposes of criticism or review ;<br />
(ii) nothing in this Act shall prevent the author of an artistic work who is not the<br />
owner of the copyright therein from using any mould, cast, sketches, or studies<br />
made by him for the purpose of the work, provided that he does not thereby<br />
repeat or imitate the main design of the work;<br />
(iii) copyright in a work of sculpture or artistic craftsmanship, if situate in a public<br />
place or building, and copyright in an architectural work of art, shall not be<br />
infringed by making paintings, drawings, engravings, or photographs thereof;<br />
(iv) copyright in a lecture delivered in public shall not be infringed by a report of<br />
º lecture in a newspaper unless the report is prohibited by notice given<br />
Clther’—<br />
(a) orally, at the beginning of the lecture, or, if the lecture is one of a<br />
series of lectures given by the same lecturer on the same subject at the same<br />
place, at the beginning of the first lecture of the series; or<br />
(b) by a written or printed notice affixed, before the lecture, or the first<br />
lecture of the series, is given, on the entrance doors of the building in which<br />
the lecture or series of lectures is given, or in a conspicuous place near<br />
the lecturer, in letters not less than an inch in height.<br />
2.—(1) Subject to the provisions of this Act the term for which copyright shall Term of copy-<br />
subsist shall be the life of the author and a period of fifty years after his death : right.<br />
Provided that if at any time after the death of the author of a work which has been<br />
published or performed in public a petition is presented by any person interested to the<br />
Comptroller-General of Patents, Designs, and Trade Marks alleging that, by reason of the<br />
withholding of the work from the public or of the price charged for copies of the work or<br />
for the right to perform the work in public, the reasonable requirements of the public with<br />
respect to the Work are not satisfied, and praying for the grant of a licence to reproduce<br />
the work or perform the work in public, the Comptroller shall consider the petition, and<br />
if, after inquiry, he is satisfied that the allegations contained therein are correct may grant<br />
to the petitioner a licence to reproduce or perform the work in public on such terms as<br />
respects price and payment of royalties to the owner of the copyright in the work, and<br />
otherwise, as he may think fit.<br />
2) Any decision of the Comptroller under this section shall be subject to appeal to a<br />
judge of the High Court, and the decision of that judge shall be final.<br />
(3) A licence granted by the Comptroller under this section shall not apply to any<br />
Self-governing dominion, but the provisions of this Act with respect to the grant of<br />
licences shall apply to every self-governing dominion to which this Act extends, subject to<br />
such necessary modifications as the Legislature of that dominion may determine.<br />
3.—(1) Subject to the provisions of this Act, the first owner of the copyright in any Ownership of<br />
work shall be the author of the work : Copyright, &c.<br />
Provided that—<br />
(a) where the work was ordered by some other person and was made for valuable<br />
consideration in pursuance of that order, then, in the absence of any agree-<br />
ment in writing to the contrary, the person by whom the work was ordered<br />
shall be the first owner of the copyright, unless the work is an architectural<br />
work of art, or is an artistic work intended for a public place or building, in<br />
which case the author shall be the first owner of the copyright, but shall not<br />
be entitled to make, or authorise the making of, reproductions of the work<br />
except with the consent of that other person, and that other person shall be<br />
entitled to the same remedies in respect of the infringement of the copyright<br />
in the work, as if he were the owner of the copyright ; and<br />
(b) where the author was in the employment of some other person and the work<br />
was made in the course of his employment by that person, the first owner of<br />
<br />
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## p. (#752) ################################################<br />
<br />
( 10 )<br />
the copyright shall, in the absence of any agreement to the contrary, be the<br />
person by whom the author was employed.<br />
(2) The transfer on sale or otherwise of an artistic work, other than an engraving or<br />
photograph, by the owner of the copyright therein shall, in the absence of an express<br />
agreement to the contrary, be deemed to transfer the copyright in the work in any case<br />
where the transferor is not the author of the work.<br />
(3) The owner of the copyright in any work may assign the right either wholly or<br />
partially, and either generally or subject to limitations to any particular country or place,<br />
and either for the whole term of the copyright or any part thereof, and may grant any<br />
interest in the right by licence, but subject to the foregoing provisions of this section as<br />
to the effect of the transfers of certain works, any such assignment or grant shall not be<br />
valid unless it is in writing signed by the owner of the right in respect of which the<br />
assignment or grant is made, or by his duly authorised agent.<br />
Civil Remedies.<br />
Rights of 4. In addition to any remedies otherwise conferred by law, the owner of the copyright<br />
owner against in any work shall have the same remedies against a person having in his possession for<br />
P.P.9° sale or dealing with any pirated copies of the work, or any plate used or intended to be<br />
sessing or g º * - e g *<br />
...ith used for the production of pirated copies of the work, as if the copies or plate were his<br />
pirated copies, property, and accordingly may take proceedings for the recovery of the possession thereof<br />
&c. or in respect of the conversion thereof.<br />
Infringement 5. Copyright in a work shall be deemed to be infringed by any person who sells or<br />
by sale, & lets for hire, or exposes, offers, or has in his possession for sale or hire, or distributes or<br />
exhibits in public, or imports for sale or hire into any part of His Majesty's dominions to<br />
which this Act extends any work which to his knowledge infringes copyright or would<br />
infringe copyright if it had been made within such parts of His Majesty's dominions as<br />
aforesaid.<br />
Exemption of 6. Where proceedings are taken in respect of the infringement of the copyright in<br />
innocent any work and the defendant in his defence alleges that he was not aware of the existence<br />
iºn of the copyright in the work, the plaintiff shall not be entitled to any remedy other than<br />
iability to g & ... --> º * , gº :-- ſ--> * f :<br />
ºnages, an injunction or interdict in respect of the infringement if the defendant proves that at<br />
&c. the date of the infringement he was not aware and had not reasonable means of making<br />
himself aware that copyright subsisted in the work :<br />
Provided that if the proper particulars were before the date of the infringement<br />
correctly entered in a register established under this Act, or, in the case of a work first<br />
published in, or the author whereof was a resident in, a British possession under the law<br />
of which a register has been established within that possession, if similar particulars have<br />
been correctly entered in that register, the defendant shall be deemed to have had means<br />
of making himself aware that copyright subsisted in the work.<br />
Remedies in 7.—(1) Where the copyright in any work is infringed by the construction of a<br />
the case of building or other structure, the owner of the copyright shall not be entitled to obtain an<br />
architecture injunction or interdict to restrain the construction of such other building or structure or<br />
to order its demolition when constructed.<br />
(2) Such of the other provisions of this Act as confer on the owner of the copyright<br />
in any work the same remedies against a person having in his possession for sale or<br />
dealing with a pirated copy of the work as if it were his property, or as impose summary<br />
penalties, shall not apply in any case to which this section applies.<br />
Limitation of 8. An action in respect of infringement of copyright shall not be commenced after<br />
actions. the expiration of twelve months next after the infringement.<br />
Summary Remedies.<br />
Penalties for 9.—(1) If any person commits any of the following offences— &<br />
dealing with (a) makes for sale any pirated copy of a work in which copyright subsists , or , .<br />
pºteacopies (b) sells or lets for hire, or exposes, offers, or has in his possession for sale or hire<br />
any pirated copy of any such work ; or<br />
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## p. (#753) ################################################<br />
<br />
( 11 )<br />
(e) distributes or exhibits in public any pirated copy of any such work ; or<br />
(d) imports into the United Kingdom any pirated copy of any such work :<br />
he shall, unless he proves that he acted innocently, be guilty of an offence under this Act<br />
and be liable on summary conviction to a fine not exceeding forty shillings for every copy<br />
dealt with in contravention of this section, but not exceeding fifty pounds in respect of<br />
the same transaction :<br />
Provided that a person convicted of an offence under paragraph (b) of this subsection<br />
who has not been previously convicted of any such offence, and who proves that the<br />
copies of the work in respect of which the offence was committed had printed or marked<br />
thereon in some conspicuous place, a name and address purporting to be that of the<br />
printer or publisher, shall not be liable to any penalty under this section unless it is<br />
proved that the copies were to his knowledge pirated copies.<br />
(2) If any person makes or has in his possession any plate for the purpose of making<br />
pirated copies of any work in which copyright subsists, he shall, unless he proves that he<br />
acted innocently, be guilty of an offence under this Act, and be liable on summary<br />
conviction to a fine not exceeding fifty pounds.<br />
(3) The court before which any such proceedings are taken may in addition order<br />
that all copies of the work or all plates in the possession of the offender, which appear to<br />
it to be pirated copies or plates for the purpose of making pirated copies, be destroyed<br />
or delivered up to the owner of the copyright.<br />
10. A court of summary jurisdiction upon the application of the apparent owner Search war-<br />
of the copyright in any work may act as follows:– rant and<br />
(a) if satisfied by evidence that there is reasonable ground for believing that pirated º of<br />
copies of the work are being hawked, carried about, sold, or offered for sale, ºple<br />
may by Order authorise a constable to seize the copies without warrant and to<br />
bring them before the court, and, on proof that the copies are pirated, may<br />
order that they be destroyed or delivered up to the owner of the copyright ;<br />
(b) if satisfied by information on oath that there is reasonable ground for believing<br />
that an offence under this Act is being committed on any premises, may grant<br />
a search warrant authorising the constable named therein to enter the premises<br />
between the hours of six of the clock in the morning and nine of the clock in<br />
the evening (and, if necessary, to use force in making such entry, whether by<br />
breaking open doors or otherwise) and to seize any copies of any work or any<br />
plates in respect of which he has reasonable ground for suspecting that an<br />
offence under this Act is being committed, and may, on proof that the copies or<br />
plates brought before the court in pursuance of the warrant are pirated copies<br />
or plates intended to be used for the purpose of making pirated copies, order<br />
that they be destroyed or delivered up to the owner of the copyright.<br />
11.-(1) A constable may, without warrant, on the request in writing of the Power to seize<br />
apparent owner of the copyright in a work, or of his agent thereto authorised in writing, . *<br />
and at the risk of that owner, seize any pirated copy of the work which is being hawked, ...<br />
carried about, sold, or offered for sale. -<br />
(2) Every copy so seized shall be conveyed by the constable before a court of<br />
summary jurisdiction, and, on proof that it is a pirated copy, shall be destroyed or<br />
delivered up to the owner of the copyright.<br />
12.-(1) Any constable may take into custody without warrant any person who in Power to<br />
any street or public place sells or exposes, offers, or has in his possession for sale any lºst Witº"<br />
pirated copies of any such work as may be specified in any general written authority lº<br />
addressed to the chief officer of police, and signed by the apparent owner of the copyright ºpiº<br />
in such work or his agent thereto authorised in writing, requesting the arrest, at the copies of<br />
risk of such owner, of all persons found committing offences under this Act in respect to Works.<br />
such work, or who offers for sale any pirated copies of any such specified work by personal<br />
canvass or by personally delivering advertisements or circulars.<br />
(2) A copy of every written authority addressed to a chief officer of police under<br />
this section shall be open to inspection at all reasonable hours by any person without<br />
payment of any fee, and any person may take copies of or make extracts from any such<br />
authority.<br />
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<br />
( 12 )<br />
53 & 54 Vict.<br />
c. 45.<br />
53 & 54 Vict.<br />
C. 67.<br />
Appeals to<br />
quarter<br />
sessions.<br />
Extent of<br />
provisions as<br />
to Summary<br />
remedies.<br />
Importation<br />
of copies.<br />
Delivery of<br />
copies to<br />
British<br />
Museum and<br />
Other<br />
libraries.<br />
(3) For the purposes of this section the expression “chief officer of police"—<br />
(a) with respect to the City of London, means the Commissioner of City Police ;<br />
(b) elsewhere in England has the same meaning as in the Police Act, 1890 :<br />
(c) in Scotland has the same meaning as in the Police (Scotland) Act, 1890;<br />
(d) in the police district of Dublin metropolis means either of the Commissioners<br />
of Police for the said district ;<br />
(e) elsewhere in Ireland means the District Inspector of the Royal Irish<br />
Constabulary.<br />
13. Any person aggrieved by a summary conviction in England or Ireland of an<br />
offence under the foregoing provisions of this Act may appeal to a court of quarter<br />
SéSSIOI].S. -<br />
14. The provisions of this Act with respect to summary remedies shall extend only<br />
to the United Kingdom.<br />
Importation of Copies.<br />
15.-(1) Copies made out of the United Kingdom of any work in which copyright<br />
subsists as to which the owner of the copyright gives notice in writing by himself or his<br />
agent to the Commissioners of Customs and Excise, that he is desirous that such copies<br />
should not be imported into the United Kingdom, shall not be so imported, and shall,<br />
subject to the provisions of this section, be deemed to be included in the table of<br />
prohibitions and restrictions contained in section forty-two of the Customs Consolidation<br />
Act, 1876, and that section shall apply accordingly. *<br />
(2) Before detaining any such copies or taking any further proceedings with a view<br />
to the forfeiture thereof under the law relating to the Customs, the Commissioners of<br />
Customs and Excise may require the regulations under this section, whether as to informa-<br />
tion, conditions, or other matters, to be complied with, and may satisfy themselves in<br />
accordance with those regulations that the copies are such as are prohibited by this section<br />
to be imported.<br />
(3) The Commissioners of Customs and Excise may make regulations, either general<br />
or special, respecting the detention and forfeiture of copies the importation of which is<br />
prohibited by this section, and the conditions, if any, to be fulfilled before such detention<br />
and forfeiture, and may by such regulations determine the information, notices, and<br />
security to be given, and the evidence requisite for any of the purposes of this section, and<br />
the mode of verification of such evidence.<br />
(4) The regulations may apply to copies of all works the importation of which is<br />
prohibited by this section, or different regulations may be made respecting different classes<br />
of such works.<br />
(5) The regulations may provide for the informant reimbursing the Commissioners<br />
of Customs and Excise all expenses and damages incurred in respect of any detention<br />
made on his information, and of any proceedings consequent on such detention.<br />
(6) The foregoing provisions of this section shall have effect as if they were part of<br />
the Customs Consolidation Act, 1876.<br />
(7) This section shall, with the necessary modifications, apply to the importation into<br />
a British possession to which this Act extends of copies of works made out of that<br />
possession.<br />
Delivery of Books to Libraries.<br />
16.-(1) The publisher of every book published in the United Kingdom shall within<br />
one month after the publication deliver, at his own expense, a copy of the book to the<br />
trustees of the British Museum, who shall give a written receipt for it.<br />
(2) He shall also, after written demand if made within three months after publication,<br />
deliver within one month after receipt of that written demand to some depôt in London<br />
named in the demand a copy of the book for, or in accordance with the directions of, the<br />
authority having the control of each of the following libraries, namely: the Bodleian<br />
Library, Oxford, the University Library, Cambridge, the Library of the Faculty of<br />
Advocates at Edinburgh, and the Library of Trinity College, Dublin.<br />
(3) The copy delivered to the trustees of the British Museum shall be a copy of the<br />
whole book with all maps and illustrations belonging thereto, finished and coloured in the<br />
<br />
<br />
## p. (#755) ################################################<br />
<br />
( 13 )<br />
same manner as the best copies of the book are published, and shall be bound, sewed, or<br />
Stitched together, and on the best paper on which the book is printed.<br />
(4) The copy delivered for the other authorities mentioned in this section shall be on<br />
the paper on which the largest number of copies of the book is printed for sale, and shall<br />
be in the like condition as the books prepared for sale.<br />
(5) If a publisher fails to comply with this section, he shall be liable on summary<br />
conviction to a fine not exceeding five pounds and the value of the book, and the fine shall<br />
be paid to the trustees or authority to whom the book ought to have been delivered.<br />
(6) For the purposes of this section the expression “book” includes every part or<br />
division of a book, pamphlet, sheet of letter-press, sheet of music, map, plan, chart or table<br />
relative to geography, topography, or science.<br />
Registration.<br />
17.--(1) There shall be kept in the Hall of the Stationers' Company by an officer Registration.<br />
(hereinafter called the registrar) to be appointed by the Stationers' Company subject to<br />
the approval of the Board of Trade such one or more registers as may be prescribed, in<br />
which shall be entered the names or titles of works and the names of authors, and such<br />
other particulars as may be prescribed.<br />
(2) The author or publisher of, or the owner of or other person interested in the copy-<br />
right in, any work may at any time cause the particulars respecting the work to be entered<br />
in the register, but it shall not be obligatory on him to do so.<br />
(3) In the case of an encyclopædia, newspaper, review, magazine, or other periodical<br />
Work or work published in a series of books or parts, it shall not be necessary to make a<br />
º entry for each number or part, but a single entry for the whole work shall<br />
Sll IIICe.<br />
(4) There shall also be kept in the Hall of the Stationers' Company by the registrar<br />
such indexes of the registers established under this section as may be prescribed.<br />
5) The registers and indexes established under this section shall be in the prescribed<br />
form, and shall at all reasonable times be open to inspection, and any person shall be<br />
entitled to take copies of or make extracts from any such register, and the registrar<br />
shall, if so required, give a copy of any entry in any such register certified by him to be a<br />
true copy, and any such certificate shall be prima facie evidence of the matters thereby<br />
certified.<br />
(6) There shall be charged in respect of entries in registers, the inspection of registers,<br />
taking copies of or making extracts from registers, and certificates by the registrar under<br />
this section, such fees as may be prescribed.<br />
(7) The Stationers' Company shall annually render to the Board of Trade such<br />
accounts of their receipts and expenditure under this section as may be prescribed.<br />
(8) The Board of Trade may make regulations prescribing any matters which under<br />
this section are to be prescribed, and generally for carrying this section into effect, and<br />
any such regulations may require that, in the case of an artistic work desired to be<br />
registered, there shall be furnished a representation of the work sufficient for the<br />
identification thereof.<br />
Special Provisions as to certain Works.<br />
18. In the case of a literary, dramatic, or musical work or engraving not published, Posthumous<br />
nor, in the case of a dramatic or musical work, performed in public, nor, in the case of a Works.<br />
lecture, delivered in public, in the lifetime of the author, copyright shall, subject to the<br />
provisions of this Act as to first publication elsewhere than in the parts of His Majesty's<br />
dominions to which this Act extends, subsist till publication, or performance or delivery<br />
in public, whichever may first happen, and for a term of fifty years thereafter.<br />
19.-(1) In the case of a work of joint authorship copyright shall subsist during the Works of<br />
life of the author who first dies and for a term of fifty years after his death, or during the joint authors.<br />
life of the author who dies last, whichever period is the longer.<br />
(2) Where in the case of a work of joint authorship some one or more of the joint<br />
authors do not satisfy the conditions conferring copyright laid down by this Act, the Work<br />
<br />
<br />
## p. (#756) ################################################<br />
<br />
( 14 )<br />
Collective<br />
works.<br />
Provisions as<br />
to newS-<br />
papers.<br />
Provisions as<br />
to photo-<br />
graphs.<br />
Provisions as<br />
to designs<br />
registrable<br />
under<br />
7 Edw. 7,<br />
c. 29.<br />
Existing<br />
works.<br />
shall be treated for the purposes of this Act as if the other author or authors had been the<br />
Sole author or authors thereof.<br />
. 20. Where the work of an author is first published as an article or other contribution<br />
in a collective work (that is to say):—<br />
(a) an encyclopædia, dictionary, year book, or similar work ;<br />
(b) a newspaper, review, magazine, or other similar periodical :<br />
(c) a work written in distinct parts by different authors;<br />
and the proprietor of the collective work is not by virtue of this Act or any assignment<br />
thereunder the owner of the copyright in the article or contribution, then, subject to any<br />
agreement to the contrary, the owner of the copyright in each article or contribution shall<br />
retain his copyright therein, but the proprietor of the collective work shall at all times<br />
have the right of reproducing and authorising the reproduction of the work as a whole, and<br />
for a period of fifty years from the date of first publication of the collective work shall<br />
have the sole right of reproducing and authorising the reproduction of the work as a<br />
Whole, and shall be entitled to the same remedies in respect of the infringement of the<br />
copyright in any part of the work as if he were the owner of the copyright. -<br />
21. Notwithstanding anything in this Act, an article, not being a tale or serial story,<br />
first published in a newspaper, may be reproduced in another newspaper if notice expressly<br />
forbidding reproduction is not published in some conspicuous part of the newspaper in<br />
which it is so first published, and if the source from which it is taken is acknowledged in<br />
Such other newspaper.<br />
22. The person who superintends and directs the taking of a photograph shall for<br />
the purposes of this Act be deemed to be the author of the photograph.<br />
23.−(1) This Act shall not apply to designs capable of being registered under the<br />
Patents and Designs Act, 1907, except designs which, though capable of being so<br />
registered, are not used or intended to be used as models or patterns to be multiplied by<br />
any industrial process.<br />
(2) General rules under section eighty-six of the Patents and Designs Act, 1907, may<br />
be made for determining the conditions under which a design shall be deemed to be used<br />
for such purposes as aforesaid.<br />
24.—(1) Where any person is immediately before the commencement of this Act<br />
entitled to any right in any work specified in the first column of the First Schedule to this<br />
Act, or to any interest in such a right, he shall as from that date be entitled to the<br />
Corresponding right set forth in the second column of that Schedule, or to the same interest<br />
in such a corresponding right, and to no other right or interest, and such corresponding<br />
right shall subsist for the term for which it would have subsisted if this Act had been in<br />
force at the date when the work was made, and the work had been one entitled to copyright<br />
thereunder :<br />
Provided that—<br />
(a) if the author of any work in which any right specified in the first column of<br />
the First Schedule to this Act subsists at the commencement of this Act has<br />
before that date assigned the right or granted any interest therein for the<br />
whole term of the right, then at the date when but for the passing of this<br />
Act the right would have expired the corresponding right conferred by this<br />
section shall, in the absence of express agreement, pass to the author of the<br />
work, and any interest therein created before the commencement of this Act<br />
and then subsisting shall determine ; but the person who immediately before<br />
the date at which the right would so have expired was the owner of the right<br />
or interest shall be entitled at his option (to be signified in writing not more<br />
than one year nor less than six months before the last-mentioned date)<br />
either—<br />
(i) to an assignment of the right or the grant of a similar interest<br />
therein for the remainder of the term of the right for such consideration<br />
as, failing agreement, may be determined by arbitration ; or<br />
(ii) without any such assignment or grant, to continue to reproduce or<br />
perform the work in like manner as theretofore on the payment of such<br />
<br />
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## p. (#757) ################################################<br />
<br />
( 15 )<br />
royalties to the author as, failing agreement, may be determined by<br />
arbitration :<br />
(b) nothing in this section shall affect anything done before the commencement of<br />
this Act :<br />
(c) where any person has, before the twenty-sixth day of July nineteen hundred<br />
and ten, taken any action or incurred any expenditure for the purpose of or<br />
with a view to the reproduction or performance of a work at a time when<br />
such reproduction or performance would, but for the passing of this Act,<br />
have been lawful, nothing in this section shall diminish or prejudice any<br />
rights or interest arising from or in connexion with such action or expenditure<br />
which are subsisting and valuable at the said date, unless the person who by<br />
virtue of this section becomes entitled to restrain such reproduction or<br />
performance agrees to pay such compensation as, failing agreement, may be<br />
determined by arbitration :<br />
(d) the sole right of making and authorising the making of records, perforated<br />
rolls, or other contrivances by means of which literary, dramatic, or musical<br />
works may be mechanically performed shall not be enjoyed by the owner of<br />
the copyright in any literary, dramatic, or musical work for the mechanical<br />
performance of which any such contrivances have been lawfully made within<br />
the parts of His Majesty's dominions to which this Act extends by any person<br />
before the twenty-sixth day of July nineteen hundred and ten.<br />
(2) Subject to the provisions of this Act as to copyright under the Copyright Act,<br />
1775, copyright shall not subsist in any work made before the commencement of this<br />
Act, otherwise than under and in accordance with the provisions of this section.<br />
Application to British Possessions.<br />
25.-(1) This Act, except such of the provisions thereof as are expressly restricted Application<br />
to the United Kingdom, shall extend throughout His Majesty's dominions: Provided ºf Act to<br />
that it shall not extend to a self-governing Dominion, unless declared by the Legislature *.<br />
of that Dominion to be in force therein either without any modifications or additions, or “”<br />
with such modifications and additions relating exclusively to procedure and remedies or<br />
..necessary to adapt this Act to the circumstances of the Dominion as may be enacted by<br />
such Legislature.<br />
(2) If the Secretary of State certifies by notice published in the London Gazette<br />
that any self-governing Dominion has passed legislation substantially identical with this<br />
Act, except for the omission of any provisions which are expressly restricted to the<br />
United Kingdom, or for such modifications as are verbal only, or are necessary to adapt<br />
the Act to the circumstances of the Dominion, or relate exclusively to procedure or<br />
remedies or to works first published within or the authors whereof are residents in the<br />
Dominion, then whilst such legislation continues in force, the Dominion shall for the<br />
purposes of the rights conferred by this Act be treated as if it were a Dominion to which<br />
this Act extends.<br />
26.—(1) The Legislature of any self-governing Dominion may at any time repeal Legislative<br />
all or any of the enactments relating to copyright passed by Parliament (including this powers of self-<br />
Act) so far as they are operative within that Dominion : Provided that no such repeal .<br />
shall prejudicially affect any legal rights existing at the time of the repeal. e<br />
(2) In any self-governing Dominion to which this Act does not extend, the<br />
enactments repealed by this Act shall, so far as they are operative in that Dominion,<br />
continue in force until repealed by the Legislature of that Dominion.<br />
(3) Where His Majesty in Council is satisfied that the law of a self-governing<br />
Dominion to which this Act does not extend, and which has not passed legislation<br />
substantially identical with this Act, provides adequate protection within the Dominion<br />
for the works of authors who at the time of the making of the work were British<br />
subjects resident elsewhere than in that Dominion, or who, not being British subjects,<br />
were at such time residents within the parts of His Majesty's dominions to which this<br />
Act extends, His Majesty, may, by Order in Council, direct that this Act, except such<br />
parts (if any) thereof as may be specified in the Order, and subject to any conditions<br />
<br />
<br />
## p. (#758) ################################################<br />
<br />
( 16 )<br />
contained therein, shall, within the parts of His Majesty's dominions to which this Act<br />
extends, apply to works the authors whereof were at the time of the making of the work<br />
residents within the first-mentioned Dominion, and that copyright subsisting by virtue<br />
of this Act in any work shall not cease by reason of the work being first published in<br />
that Dominion ; but, save as provided by such an order, works the authors whereof were<br />
residents in a Dominion to which this Act does not extend, and which has not passed<br />
legislation substantially identical with this Act, shall not, whether they are British<br />
Subjects or not, be entitled to any protection under this Act :<br />
Provided that no such Order shall confer any rights within a self-governing<br />
Dominion, but the Governor in Council of any self-governing Dominion to which this<br />
Act extends, may by Order, confer within that Dominion the like rights as His Majesty<br />
in Council is under the foregoing provisions of this subsection authorised to confer<br />
within other parts of His Majesty's dominions.<br />
Power of 27. The Legislature of any British possession to which this Act extends may modify<br />
Pºslºes or add to any of the provisions of this Act in its application to the possession, but,<br />
*. except so far as such modifications and additions relate to procedure and remedies, they<br />
to pass supple shall apply only to works the authors whereof were at the time of the making of the<br />
mental legis- work residents in the possession and to works first published in the possession.<br />
lation.<br />
Application 28. His Majesty may by Order in Council extend this Act to any territories under<br />
to protec- his protection and to Cyprus, and on the making of any such Order this Act shall have<br />
torates. effect as if the territories to which it applies or Cyprus were part of His Majesty's<br />
dominions to which this Act extends.<br />
PART II.<br />
INTERNATIONAL COPYRIGHT.<br />
Power to 29.—(1) His Majesty may by Order in Council direct that this Act (except such<br />
extend Act to parts, if any, thereof as may be specified in the Order) shall apply— y<br />
foreign works. (a) to literary, dramatic, musical, and artistic works, or any class thereof, the<br />
authors whereof were at the time of the making of the work subjects or citizens.<br />
of a foreign country to which the order relates, in like manner as if the<br />
authors were British subjects ; and<br />
(b) in respect of residence in a foreign country to which the Order relates in like<br />
manner as if such residence were residence in the parts of His Majesty’s<br />
dominions to which this Act extends ; and<br />
(c) to works first published in a foreign country to which the Order relates, in like<br />
manner as if they were first published within the parts of His Majesty’s<br />
dominions to which this Act extends ;<br />
and thereupon, subject to the provisions of this Part of this Act, and of the Order, this<br />
Act shall apply accordingly :<br />
Provided that—<br />
(i) before making an Order in Council under this section in respect of any foreign<br />
country His Majesty shall be satisfied that that foreign country has made, or<br />
has undertaken to make, such provisions, if any, as it appears to His Majesty<br />
expedient to require for the protection of persons entitled to copyright under<br />
the provisions of Part I. of this Act:<br />
(ii) the Order in Council may provide that the term of copyright within such parts<br />
of His Majesty's dominions as aforesaid shall not exceed that conferred by the<br />
law of the country to which the Order relates:<br />
(iii) the provisions of this Act as to the delivery of copies of books shall not apply<br />
to works first published in such country, except so far as is provided by the<br />
Order: - -<br />
(iv) the Order in Council may provide that the enjoyment of the rights conferred<br />
by this Act shall be subject to the accomplishment of such conditions and<br />
formalities (if any) as may be prescribed by the Order:<br />
<br />
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## p. (#759) ################################################<br />
<br />
( 17 )<br />
(v) in applying the provisions of this Act as to existing works the Order in Council<br />
may make such modifications as appear necessary, and may provide that<br />
nothing in those provisions as so applied shall be construed as reviving any<br />
right of preventing the production or importation of any translation in any<br />
case where the right has ceased by virtue of section five of the International<br />
Copyright Act, 1886. -<br />
(2) An Order in Council under this section may extend to all the several countries<br />
named or described therein.<br />
30. Where it is necessary to prove the existence in a foreign country to which an Evidence of<br />
Order in Council under this Part of this Act applies of the copyright in any work, or the ºn copy-<br />
ownership of such right, an extract from a register, or a certificate, or other document *<br />
stating the existence of such right, or the person who is the owner of such right, if<br />
authenticated by the official seal of a Minister of State of the said foreign country, or by<br />
the official seal or the signature of a British diplomatic or consular officer acting in such<br />
country, shall be admissible as evidence of the facts named therein, and all courts shall<br />
take judicial notice of every such official seal and signature as is in this section mentioned,<br />
and shall admit in evidence, without proof, the documents authenticated by it.<br />
31-(1) An Order in Council under this Part of this Act shall apply to all His Application<br />
Majesty's dominions to which this Act extends except self-governing Dominions and any ...”<br />
other possession specified in the order with respect to which it appears to His Majesty ...”<br />
expedient that the Order should not apply. - e<br />
(2) The Governor in Council of any self-governing Dominion to which this Act<br />
extends may, as respects that Dominion, make the like orders as under this Part of this<br />
Act His Majesty in Council is authorised to make with respect to His Majesty's dominions<br />
other than self-governing Dominions, and the provisions of this Part of this Act shall,<br />
with the necessary modifications, apply accordingly.<br />
(3) Where it appears to His Majesty expedient to except from the provisions of any<br />
order any part of his dominions not being a self-governing Dominion it shall be lawful<br />
for His Majesty by the same or any other Order in Council to declare that such order and<br />
this Part of this Act shall not, and the same shall not, apply to such part, except so far<br />
as is necessary for preventing any prejudice to any rights acquired previously to the date<br />
of such Order. -<br />
PART III.<br />
SUPPLEMENTAL PROVISIONS.<br />
32. No person shall be entitled to copyright or any similar right in any literary, Abrogation of<br />
dramatic, musical, or artistic work otherwise than under and in accordance with the ºmon law<br />
provisions of this Act, or of any other statutory enactment for the time being in force. *<br />
33.--(1) His Majesty in Council may make Orders for altering, revoking, or varying Provisions as<br />
any Order in Council made under this Act, or under any enactments repealed by this Act, 9 º 1Il<br />
but any Order made under this section shall not affect prejudicially any rights or interests “<br />
acquired or accrued at the date when the Order comes into operation, and shall provide<br />
for the protection of such rights and interests. -<br />
(2) Every Order in Council made under this Act shall be published in the London<br />
Gazette and shall be laid before both Houses of Parliament as soon as may be after it is<br />
made, and shall have effect as if enacted in this Act.<br />
34. Nothing in this Act shall deprive any of the universities and colleges mentioned Saving of<br />
in the Copyright Act, 1775, of any copyright they already possess or may hereafter ºy<br />
acquire under that Act, but the remedies and penalties for infringement of any such tºº.<br />
copyright shall be under this Act and not under that Act. 53 ''<br />
35. There shall continue to be charged on and paid out of the Consolidated Fund of Saving of<br />
the United Kingdom such annual compensation as is at the commencement of this Act ºompensation<br />
payable in pursuance of any Act as compensation to a library for the loss of the right to ..."<br />
receive gratuitous copies of books: *<br />
Provided that this compensation shall not be paid to a library in any year unless the<br />
Treasury are satisfied that the compensation for the previous year has been applied in the<br />
purchase of books for the use of and to be preserved in the library.<br />
<br />
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<br />
( 18 )<br />
Interpreta-<br />
tion.<br />
36,-(1) In this Act, unless the context otherwise requires,-<br />
“Literary work” includes maps, charts, plans, and tables relative to geography,<br />
topography, and science ;<br />
“Dramatic work” includes any piece for recitation, choreographic work or<br />
entertainment in dumb show the scenic arrangement or acting form of which is<br />
fixed in Writing or otherwise, and any cinematograph production where the<br />
arrangement or acting form or the combination of incidents represented give<br />
the work an original character ;<br />
“Literary work,” “dramatic work,” and “musical work” include records,<br />
perforated rolls, or other contrivances intended for use in connexion with, or to<br />
form part of, instruments by means of which a work may be mechanically<br />
performed ;<br />
“Artistic work” includes works of painting, drawing, sculpture and artistic<br />
craftsmanship, and architectural works of art and engravings and photographs;<br />
“Architectural work of art” means any building or structure having an artistic<br />
character or design, in respect of such character or design, but not in respect of<br />
the processes or methods of its construction ;<br />
“Engravings ’’ include etchings, lithographs, wood-cuts, prints, and other similar<br />
works, not being photographs ;<br />
“Photograph” includes photo-lithograph and any work produced by any process<br />
analogous to photography ; .<br />
“Cinematograph " includes any work produced by any process analogous to<br />
cinematography : -<br />
“Pirated,” when applied to a copy of a work in which copyright subsists, means<br />
any copy made without the consent or acquiescence of the owner of the copyright,<br />
or imported in contravention of the provisions of this Act ;<br />
“Publication” means the issue of copies to the public and does not include the<br />
performance in public of a dramatic or musical work, the exhibition of an artistic<br />
work, or the construction of a work of architecture;<br />
“Performance” means any acoustic representation of a work and any visual<br />
representation of any dramatic action in a work, including such a representation<br />
made by means of any mechanical instrument ;<br />
“Delivery,” in relation to a lecture, includes delivery by means of any mechanical<br />
instrument ;<br />
“Plate ’’ includes any stereotype or other plate, stone, matrix, transfer, or negative<br />
used or intended to be used for printing or reproducing copies of any work,<br />
and any matrix or other appliance by which records, perforated rolls or other<br />
contrivances for the acoustic representation of the work are or are intended to<br />
be made ;<br />
“Lecture * includes address, speech, and sermon ;<br />
“Self-governing Dominion ” means the Dominion of Canada, the Commonwealth<br />
of Australia, the Dominion of New Zealand, the Union of South Africa, and<br />
Newfoundland.<br />
(2) For the purposes of this Act (other than those relating to infringements of<br />
copyright), a work shall not be deemed to be published or performed in public, and a<br />
lecture shall not be deemed to be delivered in public, if published, performed in public,<br />
or delivered in public, without the consent or acquiescence of the person entitled to<br />
authorise its publication, performance in public, or delivery in public. -<br />
(3) For the purposes of this Act a work shall be deemed to be first published within<br />
the parts of His Majesty's dominions to which this Act extends, notwithstanding that it<br />
has been published simultaneously in some other place, unless the publication in such<br />
parts of His Majesty's dominions as aforesaid is colourable only and is not intended to<br />
satisfy the reasonable requirements of the public, and a work shall be deemed to be<br />
published simultaneously in two countries if the time between the publication in one<br />
such country and the publication in the other country does not exceed fourteen days.<br />
(4) Where the making of a work has extended over a considerable period the<br />
conditions of this Act conferring copyright shall be deemed to have been complied with<br />
<br />
<br />
## p. (#761) ################################################<br />
<br />
( 19 )<br />
if the author was during any substantial part of that period a British Subject or a<br />
resident within the parts of His Majesty's dominions to which this Act extends.<br />
(5) For the purposes of the provisions of this Act as to residence, an author of a<br />
work shall be deemed to be a resident in the parts of His Majesty's dominions to which<br />
this Act extends if he is domiciled within any such part.<br />
37. Subject to the provisions of this Act, the enactments mentioned in the Second Repeal.<br />
Schedule to this Act are hereby repealed to the extent specified in the third column of<br />
that Schedule. -<br />
38.-(1) This Act may be cited as the Copyright Act, 1910. Short title<br />
(2) This Act shall come into operation— º<br />
(a) in the United Kingdom, on the first day of January nineteen hundred and “”<br />
twelve or such earlier date as may be fixed by order in council :<br />
(b) in a self-governing Dominion to which this Act extends, at such date as may<br />
be fixed by the Legislature of that Dominion ; -<br />
(c) in any other British possession to which this Act extends, on the proclamation<br />
thereof within the possession by the Governor. -<br />
SCHEDULES.<br />
EIRST SCHEDUILE.<br />
EXISTING RIGHTS.<br />
bºund Right. Corresponding Right.<br />
(a) In the case of Works other than Dramatic and Musical Works.<br />
Copyright. | Copyright as defined by this Act.<br />
(b) In the case of Musical and Dramatic Works.<br />
Both copyright and performing right – - || Copyright as defined by this Act.<br />
Copyright, but not performing right - - Copyright as defined by this Act, except the<br />
sole right to perform the work or any<br />
'• -- substantial part thereof in public.<br />
Performing right, but not copyright - - The sole right to perform the work in public,<br />
but none of the other rights comprised in<br />
copyright as defined by this Act.<br />
For the purposes of this Schedule the following expressions, where used in the first<br />
column thereof, have the following meanings :— -<br />
“Copyright,” in the case of a work which according to the law in force immediately<br />
before the commencement of this Act has not been published before that date and ,<br />
statutory copyright wherein depends on publication, includes the right at common<br />
law (if any) to restrain publication ;<br />
“Performing right,” in the case of a work which has not been performed in public<br />
before the commencement of this Act, includes the right at common law (if any)<br />
to restrain the performance thereof in public,<br />
<br />
<br />
## p. (#762) ################################################<br />
<br />
( 20 )<br />
SECOND SCHEDUILE.<br />
ENACTMENTS REPEALED.<br />
Session and<br />
Chapter.<br />
Short Title.<br />
Extent of Repeal.<br />
8 Geo. 2, c. 18.<br />
7 Geo. 3, c. 38.<br />
15 Geo. 3, c. 53.<br />
17 Geo. 3, c. 57.<br />
54 Geo. 3, c. 56.<br />
3 Geo. 4, c. 15.<br />
5 & 6 Will. 4,<br />
c. 65.<br />
6 & 7 Will. 4,<br />
c. 59.<br />
6 & 7 Will. 4,<br />
c. 110.<br />
5 & 6 Wict. c. 45.<br />
7 & 8 Vict, c. 12.<br />
Vict,<br />
Wict.<br />
Wict.<br />
10 & 11<br />
c. 95.<br />
15 & 16<br />
c. 12.<br />
25 & 26<br />
C. 68.<br />
38 & 39 Wict.<br />
c. 12.<br />
39 & 40<br />
c. 36.<br />
Vict.<br />
45 & 46 Vict.<br />
c. 40.<br />
49 & 50<br />
c. 33. . . .<br />
51 & 52<br />
c. 17.<br />
Vict.<br />
Vict,<br />
*<br />
53 Vict.<br />
t<br />
2 &<br />
c. 42.<br />
2 Edw. 7, c. 15.<br />
The Engraving Copyright Act, 1734 wº<br />
The Engraving Copyright Act, 1767 –<br />
The Copyright Act, 1775 - * ºm 4-<br />
The Prints Copyright Act, 1777 - —<br />
The Sculpture Copyright Act, 1814 - gºs<br />
The Dramatic Copyright Act, 1833 - -<br />
The Lectures Copyright Act, 1835 - tº-<br />
The Prints and Engravings Copyright<br />
(Ireland) Act, 1836. -<br />
The Copyright Act, 1836 - - &=<br />
The Copyright Act, 1842 - sº ſº-<br />
The International Copyright Act, 1844 –<br />
The Colonial-Copyright Act, 1847 – cº-<br />
The International Copyright Act, 1852 –<br />
The Fine Arts Copyright Act, 1862 - *E*<br />
The International Copyright Act, 1875 -<br />
The Customs Consolidation Act, 1876<br />
The Copyright (Musical Compositions)<br />
Act, 1882.<br />
The International Copyright Act, 1886 -<br />
The Copyright<br />
Act, 18SS.<br />
The Revenue Act, 1889 – * - sº<br />
(Musical Compositions)<br />
The Musical (Summary l’roceedings) Copy-<br />
The whole Act.<br />
The whole Act.<br />
Sections two, four, and five.<br />
The whole Act.<br />
The whole Act.<br />
The whole Act.<br />
The whole Act.<br />
The whole Act.<br />
The whole Act.<br />
The whole Act.<br />
The whole Act.<br />
The whole Act.<br />
The whole Act.<br />
Sections one to six. In section<br />
eight the words “and pur-<br />
“suant to any Act for the<br />
“protection of copyright<br />
“engravings.” Sections nine<br />
to twelve.<br />
The whole Act.<br />
Section forty-two, from “Books<br />
wherein '' to “such copy-<br />
right will expire.” Sec-<br />
tions forty-four, forty-five,<br />
and one hundred and fifty-<br />
two.<br />
6 Edw. 7, c. 36.<br />
right Act, 1902.<br />
The Musical Copyright Act, 1906 - -<br />
The whole Act.<br />
The whole Act.<br />
The whole Act.<br />
Section one, from “Books first<br />
published ” to “as provided<br />
in that section.”<br />
The whole Act.<br />
The whole Act. | https://historysoa.com/files/original/5/408/1910-07-01-The-Author-20-10.pdf | publications, The Author |