| 536 | https://historysoa.com/items/show/536 | The Author, Vol. 24 Issue 05 (February 1914) | <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.+24+Issue+05+%28February+1914%29"><em>The Author</em>, Vol. 24 Issue 05 (February 1914)</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> | 1914-02-02-The-Author-24-5 | | | | | 123–152 | | | | | | | | | | | | | | | | | | <a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=89&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=24">24</a> | | | | | | | | | | | <a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=76&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=1914-02-02">1914-02-02</a> | | | | | | | 5 | | | 19140202 | The Futhor.<br />
<br />
(The Organ of the Incorporated Society of Authors. Monthly.)<br />
<br />
<br />
<br />
FOUNDED BY SIR<br />
<br />
WALTER BESANT.<br />
<br />
<br />
<br />
Vou. XXTV.—No. 5.<br />
<br />
FEBRUARY 2, 1914.<br />
<br />
[Prick SIXPENCE.<br />
<br />
<br />
<br />
TELEPHONE NUMBER:<br />
374 VICTORIA.<br />
<br />
TELEGRAPHIC ADDRESS:<br />
AUTORIDAD, LONDON.<br />
<br />
——___+——_+____-<br />
<br />
NOTICES.<br />
<br />
++<br />
<br />
a the opinions expressed in papers that<br />
are signed or initialled the authors alone<br />
are responsible. None of the papers or<br />
<br />
paragraphs must be taken as expressing the<br />
<br />
opinion of the Committee unless such is<br />
especially stated to be the case.<br />
<br />
Tue Editor begs to inform members of the<br />
Authors’ Society and other readers of The<br />
Author that the cases which are quoted in The<br />
Author are cases that have come before the<br />
notice or to the knowledge of the Secretary of<br />
the Society, and that those members of the<br />
Society who desire to have the names of the<br />
publishers concerned can obtain them on<br />
application.<br />
<br />
_ ARTICLES AND CONTRIBUTIONS.<br />
<br />
Tue Editor of The Author begs to remind<br />
members of the Society that, although the<br />
paper is sent to them free of cost, its production<br />
would be a very heavy charge on the resources<br />
of the Society if a great many members did not<br />
forward to the Secretary the modest 5s. 6d.<br />
subscription for the year.<br />
<br />
Communications for The Author should be<br />
addressed to the offices of the Society, 1, Cen-<br />
tral Buildings, Tothill Street, Westminster,<br />
S.W., and should reach the Editor not later<br />
than the 21st of each month.<br />
<br />
Communications and letters are invited by<br />
the Editor on all literary matters treated from<br />
<br />
‘Vou. XXIV.<br />
<br />
the standpoint of art or business, but on no<br />
other subjects whatever. Every effort will be<br />
made to return articles which cannot be<br />
accepted.<br />
<br />
ADVERTISEMENTS.<br />
<br />
Messrs. Matthews’ Advertising Service,<br />
Staple Inn Buildings, High Holborn, W.C.,<br />
will act as agents for advertisements for<br />
“The Author.” All communications respect-<br />
ing advertisements should be addressed to<br />
them.<br />
<br />
As there seems to be an impression among<br />
readers of The Author that the Committee are<br />
personally responsible for the bona fides of the<br />
advertisers, the Committee desire it to be stated<br />
that this is not, and could not possibly be, the<br />
case. Although care is exercised that no<br />
undesirable advertisements be inserted, they<br />
do not accept, and never have accepted, any<br />
liability.<br />
<br />
Members should apply to the Secretary for<br />
advice if special information is desired.<br />
<br />
Bee ee<br />
<br />
<br />
<br />
THE SOCIETY’S FUNDS.<br />
<br />
—_—<br />
<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<br />
<br />
for them. The Committee, acting on the<br />
suggestion of one of these members, have<br />
decided to place this permanent paragraph in<br />
The Author in order that members may be<br />
cognisant of those funds to which these con-<br />
tributions may be paid.<br />
<br />
The funds suitable for this purpose are:<br />
(1) The Capital Fund. This fund is kept in<br />
reserve in case it is necessary for the Society to<br />
incur heavy expenditure, either in fighting a<br />
question of principle, or in assisting to obtain<br />
copyright reform, or in dealing with any other<br />
<br />
2<br />
124<br />
<br />
matter closely connected with the work of the<br />
Society. : :<br />
<br />
(2) The Pension Fund. This fund is slowly<br />
increasing, and it is hoped will, in time, cover<br />
the needs of all the members of the Society.<br />
<br />
——__+—__+#—___—_<br />
<br />
THE PENSION_ FUND.<br />
<br />
—_+——<br />
<br />
N January, 1918, the secretary of the Society<br />
I laid before the trustees of the Pension<br />
Fund the accounts for the year 1912, as<br />
settled by the accountants. After giving the<br />
matter full consideration, the trustees in-<br />
structed the secretary to invest a sum of £300<br />
in the purchase of Buenos Ayres Great<br />
Southern Railway 4% Extension Shares, 1914,<br />
£10 fully paid. The number of shares pur-<br />
chased at the current price was twenty-five<br />
and the amount invested £296 1s. 1ld. The<br />
trustees are also purchasing three more Central<br />
Argentine Railway New Shares at par, on<br />
which as holders of the Ordinary Stock they<br />
have an option.<br />
<br />
The trustees desire to thank the members<br />
of the Society for the continued support which<br />
they have given to the Pension Fund.<br />
<br />
The nominal value of the investments held<br />
on behalf of the Pension Fund now amounts<br />
to £4,764 6s., details of which are fully set out<br />
in the following schedule :—<br />
<br />
Nominal Value.<br />
<br />
Local Loans<br />
Victoria Government 8% Consoli-<br />
dated Inscribed Stock ........<br />
London and North-Western 3%<br />
Debenture Stock ............<br />
Egyptian Government Irrigation<br />
Trust 4% Certificates ........<br />
Cape of Good Hope 84% Inscribed<br />
‘ Stock<br />
Glasgow and South-Western Rail-<br />
way 4% Preference Stock ...<br />
New Zealand 34% Stock .......<br />
Trish Land 22% Guaranteed Stock<br />
Corporation of London 21%<br />
Stock, 1927-57 ... 6s ee:<br />
Jamaica 384% Stock, 1919—49 .,<br />
Mauritius 4% 1937 Stock .......<br />
Dominion of Canada, C.P.R. 34%<br />
Land Grant Stock, 1938 ......<br />
Antofagasta and Bolivian Railway<br />
5% Preferred Stock ..........<br />
Central Argentine Railway Or-<br />
dinary Stock 2. 2.5.6...4..0. 232<br />
<br />
250<br />
200<br />
200<br />
228<br />
247<br />
258<br />
438<br />
<br />
1382<br />
120<br />
<br />
bot bet<br />
So o oo bo 0 bo oof >) (<>)<br />
<br />
198<br />
237<br />
<br />
> o oo =O > oao o o o<br />
<br />
THE AUTHOR.<br />
<br />
Nominal Value.<br />
<br />
£ 8. a,<br />
<br />
$2,000 Consolidated Gas and<br />
<br />
Electric Company of Baltimore<br />
44% Gold Bonds<br />
<br />
250 Edward Lloyd, Ltd., £1 5%<br />
Preference Shares<br />
<br />
55 Buenos Ayres Great Southern<br />
<br />
Railway 4% Extension Shares,<br />
<br />
1914 (fully paid) ....... ates<br />
<br />
8 Central Argentine Railway £10<br />
<br />
Preference Shares, New Issue..<br />
<br />
400<br />
250<br />
<br />
PENSION FUND.<br />
<br />
—_—+-—>—+<br />
<br />
THE list printed below includes all fresh dona-<br />
tions and subscriptions (i.e, donations and<br />
subscriptions not hitherto acknowledged)<br />
received by, or promised to, the fund from<br />
October, 1913.<br />
<br />
It does not include either donations given<br />
prior to October, nor does it include sub-<br />
scriptions paid in compliance with promises<br />
made before it.<br />
<br />
Subscriptions.<br />
<br />
1913.<br />
<br />
Oct. 8, Rees, Miss Rosemary<br />
Oct. 8, Pearce, J. ‘: : ;<br />
Oct. 9, Drummond, Miss Florence<br />
Oct. 9, Rumbold, Hugo<br />
Oct. 18, Knowles, Miss<br />
Oct. 20, Collison, Harry<br />
Oct. 21, Buchanan, Miss Meriel<br />
Oct. 25, Baker, E. A. .<br />
Nov. 6, Bentley, E. C. ‘<br />
Nov. 6, Petersen, Miss Margaret<br />
Nov. 7, Lang, Mrs. John<br />
Nov. 19, Langferte, Raymond<br />
Nov. 24, Webb, W. Trego<br />
Nov. 24, Mackenzie, Compton<br />
Dec. 4, Vansittart, Robert<br />
Dec. 4, Lunn, Arnold . :<br />
Dec. 4, Stewart, Miss Marie .<br />
Dec. 4, Berry, Miss Ana<br />
Dec. 4, Vallois, Miss Grace<br />
Dec. 17, Beresford, J. D.<br />
Dec. 29, Inge, Charles .<br />
Dec. 29, Cross, Miss May .<br />
Dec. 29, Hardy, Thomas, O.M.<br />
1914.<br />
Jan. 7, Ford, Miss May<br />
Jan. 7, Sephton, J.<br />
Jan. 16, Singer, I.<br />
<br />
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<br />
THE AUTHOR. 125<br />
<br />
Jan. 16, Cooke, Arthur O.<br />
Jan. 23, Exley, Miss M.<br />
<br />
1913. Donations.<br />
<br />
Oct. 7, Darwin, Sir Francis .<br />
<br />
Oct. 9, Carroll, Sydney Wentworth<br />
<br />
Oct. 21, Troubetzkoy, The Princess<br />
<br />
Oct. 27. Frankish, Harold<br />
<br />
Oct. 30, Rossman, Miss<br />
<br />
Nov. 8, Holland, Theodore<br />
<br />
Nov. 3, Steane, Bruce ‘<br />
<br />
Nov. 3, Batty, Mrs. Braithwaite .<br />
<br />
Nov. 10, Elrington, Miss Helen<br />
<br />
Nov. 10, Waterbury, Mrs. . :<br />
<br />
Dec. 5, Dymock, R. G. Vaughton .<br />
<br />
Dec. 6, Macdonald, Miss Julia<br />
<br />
Dee. 11, Little, Mrs. Archibald<br />
<br />
Dec. 11, Topham, Miss Ann .<br />
<br />
Dec. 20, Edwards, Percy J.<br />
<br />
Dec. 21, Keating, J. Lloyd<br />
<br />
Dec. 21, Church, Sir Arthur .<br />
<br />
1914,<br />
<br />
Jan. 5, Anon :<br />
<br />
Jan. 5, Joseph, L. S<br />
<br />
Jan. 5, Swan, Miss Myra<br />
<br />
Jan. 5, Vernede, R. E.<br />
<br />
Jan. 6, De Crespigny, Mrs. Champion<br />
<br />
Jan. 6, Rankin, Miss F. M. .<br />
<br />
Jan. 7, Sneyd- Kynnesley, E. M.<br />
<br />
Jan. 7, Lathbury, Miss Eva .<br />
<br />
Jan. 7, Toplis, Miss Grace .<br />
<br />
Jan. 8, Palmer, G. Molyneaux<br />
<br />
Jan. 9, Mackenzie, Miss J.<br />
<br />
Jan. 10, Daniell, Mrs. E. H. .<br />
<br />
Jan. 12, Avery, Harold<br />
<br />
Jan. 12, Douglas, Mrs. F. A.<br />
<br />
Jan. 15, Pullemn, Miss Catherine<br />
<br />
Jan. 15, Thomas, Mrs. Fanny<br />
<br />
Jan. 16, James, Mrs. Romane<br />
<br />
Jan. 19, P. H. and M. K.<br />
<br />
Jan. 19, Greenstreet, W. J. .<br />
<br />
Jan. 19, Gibbs, F. Leonard A.<br />
<br />
Jan. 23, Campbell, Mrs. L. A. R. .<br />
<br />
Jan, 23, Cameron, Mrs. Charlotte,<br />
PRES . :<br />
<br />
Jan. 23, Blunt, Reginald.<br />
<br />
Jan, 24, Raphael, Mrs. Mary.<br />
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<br />
COMMITTEE NOTES.<br />
<br />
a<br />
<br />
ee first meeting of the Committee of<br />
Management for 1914 was held at the<br />
<br />
offices of the Society, 1, Central<br />
Buildings, Tothill Street, Westminster, on<br />
<br />
Monday, January 12, at 8 o’clock. Owing -<br />
<br />
to the great pressure of business the committee<br />
have found it necessary to call the meetings at<br />
3 instead of 4, as hitherto.<br />
<br />
After reading the minutes the committee<br />
proceeded with the election of members. The<br />
full list is set out on another page. The<br />
committee are pleased to state that the year<br />
has started very favourably, with an election<br />
of forty-four members and associates, the<br />
resignations only amounting to twenty-seven.<br />
At the beginning of the year resignations are<br />
always considerable—this happens inevitably<br />
in all similar bodies. The number, this year,<br />
is less than that for the corresponding period<br />
of 1913. This is very satisfactory in view of<br />
the much increased membership.<br />
<br />
The solicitor then reported on the cases<br />
during the month.<br />
<br />
In the first case, against a well-known<br />
Magazine, judgment was obtained, but it was<br />
not till execution had been levied that the<br />
sum was recovered. In the second case,<br />
judgment was recovered but execution failed<br />
to produce payment, and the solicitor is afraid<br />
that the judgment will prove abortive. ‘This<br />
is the more to be regretted because, before the<br />
proceedings were taken, an offer of settlement<br />
was made which, contrary to the solicitor’s<br />
advice, the member refused. In a claim<br />
against a paper for articles supplied, the<br />
money has been paid, and in two small cases<br />
against another paper the solicitors have been<br />
forced to take proceedings, as no notice has<br />
been taken of their preliminary letters. The<br />
Elysian Press, which owned the Onlooker and<br />
Throne, has gone into liquidation. There<br />
were two claims against this limited company<br />
which will not now, it is feared, be satisfied.<br />
Another paper has gone into liquidation,<br />
against which there is, at present, one claim<br />
outstanding. Ina claim by a member against<br />
a publishing firm the claim has been settled<br />
by payment of the royalties due. Another<br />
claim against an agent for exceeding his<br />
instructions is being considered, and if no<br />
satisfactory explanation is forthcoming will be<br />
taken up on behalf of the member. The<br />
solicitor reported a case against a pub-<br />
lisher, who, after repudiating the construction<br />
of his agreement, put forward, when an arbi-<br />
tration was suggested, accepted the Society’s<br />
view, and sent a cheque for the sum in<br />
dispute. A small dispute between one of the<br />
members and a firm which had been in<br />
liquidation has now been settled,’ and the<br />
member has accepted the legal view of the<br />
contract as set out by the solicitors.<br />
<br />
An important case respecting property in a<br />
126<br />
<br />
title was laid before the committee and very<br />
fully discussed. The matter appeared to the<br />
committee to be of such importance that they<br />
instructed the secretary to write a letter to the<br />
member concerned with a view of the Society<br />
taking immediate action in the matter. Ina<br />
question of alleged copyright infringement,<br />
which turned upon complicated questions of<br />
facts, the solicitors were instructed to write<br />
to the infringers for a statement of the<br />
circumstances in which they became possessed<br />
of the rights they claimed to hold. :<br />
<br />
In a case of infringement of a dramatist’s<br />
copyright, considered by the committee, the<br />
solicitors were instructed to take action on<br />
the member’s behalf. :<br />
<br />
The secretary then reported certain cases<br />
which had come into his hands. A case of<br />
infringement of dramatic rights in America<br />
was considered. The committee decided to<br />
send the papers to the Society’s American<br />
lawyer, and if assured that the author’s title<br />
was good, and that he had complied with the<br />
technicalities of the American law, instructed<br />
the lawyer to proceed in the matter. Ina<br />
case of dispute between author and publisher<br />
on the contract for publication, the com-<br />
mittee regretted they were unable to assist the<br />
author as he had not completed his part<br />
of the contract. The secretary was in-<br />
structed to write a letter to the member<br />
advising him to complete the contract as<br />
soon as possible, in which case the com-<br />
mittee would be willing to reconsider the<br />
_ matter.<br />
<br />
A request from a member that an accoun-<br />
tant should be placed in to inspect a publisher’s<br />
books the committee were obliged to decline,<br />
in the absence of any evidence of inaccuracy<br />
on the face of the statement of sales delivered.<br />
In a dispute between a member of the Society<br />
and an agent, the secretary was instructed to<br />
write to the agent that the committee were<br />
unable to accept his view of the position.<br />
<br />
Questions put forward by the Dramatic<br />
Sub-Committee were then considered by the<br />
committee. The committee adjourned the<br />
consideration of a request for a list of drama-<br />
tists from the Society’s New York agent,<br />
pending information respecting the purpose<br />
for which the list was required.<br />
<br />
The committee sanctioned an arrangement<br />
by which powers of attorney should be<br />
despatched to the Society’s lawyers in all<br />
parts of the world, with a view to facilitate<br />
their action in the event of copyright infringe-<br />
ments coming to their notice. The secretary<br />
was instructed to put matters in train, such<br />
<br />
THE AUTHOR.<br />
<br />
action having been approved by the Dramatic<br />
Sub-Committee.<br />
<br />
The question of the insertion in The Author<br />
of an article dealing with certain agreements<br />
was referred to the next meeting for considera-<br />
tion, in order that the Committee of Manage-<br />
ment might see the form of the article.<br />
<br />
Matters referred to the Committee of<br />
Management by the Composers’ Sub-Committee<br />
were then considered. The committee passed<br />
an article for insertion in The Author, and<br />
agreed to issue a pamphlet for the information<br />
of those composers who were members or<br />
desirous of joining. A proposal to alter the<br />
name of the Society was passed, subject to a<br />
discussion at the next meeting of the com-<br />
mittee as to a suitable title.<br />
<br />
A sub-committee was then appointed to<br />
settle the Annual Report, and it was agreed<br />
that the report, when finally settled, should be<br />
placed before the next meeting of the full<br />
committee. The appointment of an arbitrator<br />
made at the last meeting was confirmed in a<br />
case of dispute between. two members of the<br />
Society.<br />
<br />
The date of the General Meeting was left<br />
to be settled by the chairman of the Committee<br />
of Management. It was agreed that it should<br />
be held some time in April.<br />
<br />
The report of the meeting of the delegates<br />
of the Society with the Society of British<br />
Composers was then read, and the committee<br />
decided to follow out the suggestions of the<br />
Composers’ Sub-Committee thereon.<br />
<br />
Counsel’s opinion, which had been taken<br />
since the last meeting, in regard to the right<br />
of income tax collectors to demand from<br />
publishers information respecting the royalties<br />
paid to authors, was read, and it was decided<br />
to write to the publisher who had brought<br />
the matter to the committee’s notice, and also<br />
to write to the Publishers’ Association.<br />
<br />
The consideration of the draft guarantee<br />
form was adjourned to the next meeting, when<br />
the form will be finally settled.<br />
<br />
The secretary drew the attention of the<br />
committee to the fact that important questions<br />
often arose which affected writers of fiction<br />
only, and it was essential in these matters<br />
that the novelists should be consulted, just<br />
as the dramatists are consulted on matters<br />
specially affecting their interests. It was<br />
decided to keep a ecard index of the novelist<br />
members of the Society.<br />
<br />
A question of United States Copyright Law,<br />
laid before the committee by a correspondent<br />
in the United States, was considered, and the<br />
secretary was instructed to enquire of the<br />
<br />
<br />
<br />
<br />
<br />
| a<br />
ae<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
Society’s United States lawyer, as well as of<br />
the correspondent referred to, their views as<br />
to the best course to be pursued in the matter.<br />
<br />
An important case in regard to copyright in<br />
Canada was also laid before the committee.<br />
The committee decided that a notice should be<br />
printed in The Author, and instructed the<br />
secretary to take what steps were possible to<br />
draw the attention of the Government to the<br />
present difficult position.<br />
<br />
A proposal made by a member that a list<br />
of authors should be periodically printed in<br />
the Society’s magazine, giving particulars of<br />
the subjects on which they would write as<br />
experts, was negatived by the committee.<br />
<br />
After some discussion, the committee decided<br />
it was impossible to arrange for loans to authors<br />
on their contracts, not only because it was<br />
outside the work of the Society, but also<br />
because of the many difficulties that surrounded<br />
the proposal.<br />
<br />
The question of sending representatives to<br />
the International Congress in San Francisco<br />
in 1915 was considered, and the secretary was<br />
instructed to express the committee’s thanks<br />
for the invitation extended to them, and to add<br />
that arrangements would be made to send<br />
delegates, whose names would be communi-<br />
<br />
127<br />
<br />
the clauses had been finally settled ; that the<br />
remainder of the Treaty would be discussed<br />
at a subsequent meeting. He was pleased to add<br />
that many of the remaining clauses had been<br />
approved, and that the matter was practically<br />
finished. At the next meeting he hoped to<br />
be able to report a final settlement.<br />
<br />
The agreement for a run in a West End<br />
theatre which had been settled by a duly<br />
appointed sub-committee of the Dramatic<br />
Sub-Committee was finally approved, subject<br />
to two or three small alterations. The agree-<br />
ment will, in the course of a few days, be ready<br />
for any member of the Society desiring a copy.<br />
<br />
An important question of infringement of<br />
the property in a title by a cinema film was<br />
then brought forward, and the secretary was<br />
instructed to get the leave of the chairman of<br />
the Committee of Management to take action,<br />
as immediate action was necessary to carry<br />
the matter forward. It was decided to refer<br />
the whole question to the Committee of<br />
Management with a view to taking action, if<br />
necessary, to prevent similar infringements by<br />
asking the Government to legislate on the<br />
issues.<br />
<br />
Another important case of copyright in-<br />
fringement was laid before the sub-committee,<br />
<br />
aks |<br />
ys Letters from a member concerning Lending<br />
<br />
cated later, when the date approached. and the secretary was instructed to write to the<br />
<br />
member concerned thereon.<br />
<br />
The secretary laid before the sub-committee<br />
a letter received from the secretary of the<br />
Société des Auteurs et Compositeurs Drama-<br />
tiques on the question of film fees.<br />
<br />
enue<br />
43 OE<br />
<br />
Libraries and the methods of the loaning of<br />
books were very carefully considered, but the<br />
suggestion appeared impracticable. The secre-<br />
tary was instructed to write to the member to<br />
thank him for his action in the matter.<br />
<br />
reas |<br />
an |<br />
<br />
ef intl | A letter dealing with the Library Censorship<br />
<br />
was adjourned to the next meeting.<br />
<br />
The committee instructed the secretary to<br />
convey their thanks to Mr. James T. Tanner<br />
for a donation of five guineas and to Mr.<br />
H. C. Davidson for a donation of ten shillings<br />
to the Capital Fund of the Society.<br />
<br />
—_—<br />
<br />
Dramatic SuB-COMMITTEE.<br />
<br />
Tur Dramatic Sub-Committee of the Society<br />
met at No. 1, Central Buildings, Tothill Street,<br />
Westminster, S.W., on Friday, January 16,<br />
at three o’clock.<br />
<br />
After the minutes of the previous meeting<br />
had been signed, the chairman, as one of the<br />
delegates appointed to meet the delegates of<br />
the Society of West End Managers, gave a<br />
report of the meeting which had been held the<br />
beet afternoon. He stated that the<br />
<br />
anagerial Treaty had been taken clause by<br />
clause and very fully discussed; that six of<br />
<br />
—_——+<br />
<br />
ComposERS’ SuB-COMMITTEE.<br />
<br />
Tue first meeting of the Composers’ Sub-<br />
Committee for 1914 was held on Saturday,<br />
January 10, at the Society’s offices.<br />
<br />
After the reading of the minutes of the<br />
previous meeting, the question of the Board<br />
of Trade Regulations for the stamping of<br />
mechanical contrivances was again considered.<br />
It appears that in some cases the stamps fall<br />
off after being affixed, and that in other ways<br />
the arrangement is a source of annoyance to<br />
the manufacturers. The sub-committee con-<br />
sidered whether it would not be possible to<br />
make some suggestion to the Board of Trade<br />
which, whilst adequately protecting the com-<br />
posers, will, at the same time, in no way<br />
hamper the reproducers. When full con-<br />
sideration has been given the composers will,<br />
if necessary, make a suggestion to the Board<br />
of Trade.<br />
<br />
<br />
128<br />
<br />
The report of the meeting “of the delegates<br />
of the Society with the delegates of the Society<br />
of British Composers was read, and after some<br />
discussion it was decided to take no action at<br />
present, but the sub-committee decided to<br />
press the Committee of Management again<br />
on the question of the alteration of the title<br />
of the Society. The secretary informed the<br />
sub-committee that the matter would be laid<br />
before the Committee of Management at their<br />
meeting on the 12th.<br />
<br />
The Royalty Agreement which had been<br />
drafted for the publication of sheet music<br />
was gone into clause by clause, considered<br />
carefully, and finally passed.<br />
<br />
The Agreement will be set up in type and<br />
be at the office of the Society for those members<br />
who desire a copy.<br />
<br />
oo<br />
<br />
Cases.<br />
<br />
Durine the past month sixteen cases have<br />
been in the hands of the secretary. At<br />
present the number of those carried through<br />
to a successful issue is very small. This, no<br />
doubt, arises from the fact that during the<br />
end of December, and the first two or three<br />
weeks in January, there was a lull in business,<br />
and little came to the Society’s office. Now<br />
that the Christmas festivities are over, work<br />
is again being taken in hand, so that half<br />
at least of the cases submitted have only just<br />
come to the Society’s office.<br />
<br />
There were six cases for the return of MSS.;<br />
one has been placed in the hands of the solici-<br />
tors, and the other five are in the course of<br />
negotiation.<br />
<br />
A question of infringement of copyright<br />
has been settled and the amount claimed<br />
paid as damages.<br />
<br />
One claim for money has also been settled,<br />
the sum due having been forwarded to the<br />
author.<br />
<br />
Of three claims for accounts one has been<br />
closed, the other two are still open.<br />
<br />
Two claims for monies and accounts are<br />
still unsettled, and one dispute with an agent<br />
is still being negotiated, as also is one dispute<br />
on the interpretation of an agreement.<br />
<br />
No foreign cases have come in during the<br />
past month. Of the cases which were still<br />
left open at the end of the year three alone<br />
remain unsatisfied, but they are all cases<br />
outside Great Britain, and the delay has<br />
occurred owing to the necessary time which<br />
must elapse between writing a letter and<br />
receiving a reply.<br />
<br />
THE AUTHOR.<br />
<br />
January Elections.<br />
<br />
Aberdeen, The Rt. Hon.<br />
PC,<br />
<br />
The Earl of,<br />
K.C.M.G., ete.<br />
Aikin, W. A., M.D.<br />
<br />
Allen, Charles Edward.<br />
<br />
Anderson, Arthur<br />
<br />
James.<br />
<br />
Astle-Allam, Mrs. Agnes<br />
<br />
Mary.<br />
Bunting, Freeman<br />
<br />
Byng, Miss N. W.<br />
<br />
Campbell, H. R. .<br />
<br />
Cannéll, H. Skipwith<br />
<br />
Cohn, Miss Phoebe<br />
<br />
Cooke, Arthur Owens .<br />
<br />
Daviel, Leon<br />
<br />
Elson, Robert .<br />
<br />
Enthoven,<br />
Gabrielle.<br />
Esdaile, Ernest<br />
<br />
Hanrahan, Mrs. Agnes<br />
<br />
I<br />
<br />
Haworth, George K.<br />
<br />
Hixton, Madelline<br />
Hope, G. L. N.<br />
Hudson, H. Lindsay<br />
<br />
_Jackson, Holbrook<br />
<br />
°<br />
<br />
Mrs.<br />
<br />
Levick, Dr. G. Murray<br />
<br />
Light, Miss Tipara<br />
<br />
Lynch, J. G. Bohun<br />
<br />
Vice-Regal Lodge,<br />
Dublin.<br />
<br />
66, Bedford Gardens,<br />
Kensington, W.<br />
<br />
4, Bis Passage, St.<br />
Charles, Tunis,<br />
North Africa.<br />
<br />
North Gate Cottage,<br />
Launceston.<br />
<br />
127, Rotherhithe<br />
New Road, Lon-<br />
don, S.E.<br />
<br />
New Westminster,<br />
British Columbia.<br />
<br />
Wydford, Ryde, Isle<br />
of Wight.<br />
<br />
Holmer Court,<br />
Amersham.<br />
<br />
c/o American Stu-<br />
dents’ Club, 4,<br />
Rue Joseph Bara,<br />
Paris, France.<br />
<br />
14, Sussex Place,<br />
N.W.<br />
<br />
388, Dublin<br />
Edinburgh.<br />
<br />
2, Albert Studios,<br />
Albert Bridge<br />
Road, S.W.<br />
<br />
Whittington,<br />
westry.<br />
<br />
97,Cadogan Gardens,<br />
Chelsea, S.W. :<br />
<br />
7, Carlton Parade,<br />
Herne Hill, S.E.<br />
<br />
28, Highfield Road,<br />
Rathgar, Dublin.<br />
<br />
Irwell View, Rams-<br />
bottom.<br />
<br />
Hollinhurst, Edger-<br />
ton, Huddersfield.<br />
<br />
Park View House,<br />
Dartmouth.<br />
<br />
Avonlwyd, North<br />
Road, Glossop.<br />
<br />
Mill Hill, N.W.<br />
<br />
19, Dewhurst Road,<br />
Brook Green, W.<br />
<br />
c/o Messrs. Hom-<br />
burg and Melrose,<br />
Grenfell Street, -<br />
Adelaide, | South<br />
Australia.<br />
<br />
207, Lauderdale<br />
Mansions, Maida<br />
Vale, W.<br />
<br />
Street,<br />
<br />
Os-<br />
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<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
Macdonald, Frederika,<br />
D.Litt.<br />
<br />
12, St. George’s<br />
Square, Primrose<br />
Hill, N.W.<br />
<br />
No. 1719, Isamian<br />
Bazars, Hydera-<br />
bad (Deccan),<br />
India.<br />
<br />
Mangiah, Jayanti, B.A.,<br />
LT,<br />
<br />
Merrick, Mrs. Hope .<br />
Millard, C. Killick ‘<br />
<br />
Miller, Mrs. E. Olive<br />
(‘‘ Olive Chancellor ’’)<br />
<br />
Moor, Lady : ,<br />
<br />
Town Hall, Leices-<br />
ter.<br />
<br />
The Old Vicarage,<br />
Brixton, Ply-<br />
mouth.<br />
<br />
Greystone, Estcourt,<br />
Natal.<br />
<br />
Author’s Club, 2,<br />
Whitehall Court,<br />
S.W.<br />
<br />
Schloss Felsegg<br />
Wiltenberg, Inns-<br />
bruck, Tirol,<br />
Austria.<br />
<br />
Miigge, Maximilian A. .<br />
<br />
Oliver, John Rathbone.<br />
<br />
Philmar, Arthur J. :<br />
<br />
Pullein, Miss Catharine.<br />
<br />
Redfern, Miss Joan Lyceum Club, 128,<br />
Piccadilly, W.<br />
<br />
60, The Groton<br />
Building, Cincin-<br />
nati, Ohio, U.S.A.<br />
<br />
Grey Friars, Ascot.<br />
<br />
Reed, Dr. Charles A. L.<br />
M.A., M.D., F.C.S.<br />
<br />
Sarawak, Her Highness<br />
the Ranee of.<br />
<br />
Saunders, John G. ‘¢ Eissendon,’’ Wood-<br />
ville Road, New<br />
Barnet, N.<br />
<br />
8, Portland Man-<br />
sions, Clapham,<br />
<br />
S.W.<br />
<br />
Standing, Percy Cross .<br />
<br />
(i<br />
<br />
BOOKS PUBLISHED BY MEMBERS.<br />
<br />
a<br />
<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 />
that many of the books mentioned are not sent to the office<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 />
<br />
accurate,<br />
ARCHASOLOGICAL.<br />
<br />
Norzs on Taz CHurcHEes IN THE DEANERY OF Kann,<br />
Dzvon. By Beatrix F.Cresswett. 9 x 6. 191 pp.<br />
Exeter: J. E. Commin and Son.<br />
<br />
ARCHITECTURE.<br />
<br />
VALUATION AND Comprnsations. A Text Book on THE<br />
Practice or VALUING PROPERTY AND ON COMPENSA-<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
<br />
<br />
129<br />
<br />
<br />
<br />
TIONS IN RELATION THERETO, FOR THE USE OF ARCHI-<br />
<br />
TECTS, SURVEYORS AND OTHERS. By PRoFEssoR<br />
BanisTeR Fiercuer. A fourth Edition. Revised,<br />
Rewritten and greatly enlarged by BanistER FLIGHT<br />
Fietcuer and Hrrsert Pumiies FuutcuEr. 7} x 43.<br />
446 pp. Batsford. 7s. 6d. n.<br />
<br />
BIOGRAPHY.<br />
<br />
Paun VERLAINE. By Witrrm TuHorRLeY.<br />
<br />
(Modern<br />
Biographies.) 62 x 43.<br />
<br />
107 pp. Constable. 1s. n.<br />
<br />
DRAMA.<br />
<br />
Puaxpra. A Tragedy in Five Acts, from the French of<br />
Racine. By S. Cuaupr Tickert. 8} x 52. 79 pp.<br />
J. Richmond, 14, Conduit Street, W. 2s. n.<br />
<br />
ECONOMICS.<br />
<br />
Tue Earty WEIGHTS AND MEASURES OF MANKIND. By<br />
GENERAL Srr CHARLES WARREN, G.C.M.G. 82 x 53.<br />
135 pp. Palestine Exploration Fund. 7s. 6d.<br />
<br />
La GRanpeE Ittuston Park NoRMAN ANGELL. Translated<br />
by S. Ruesrrers. 64 x 4}. 498 pp. (Collection<br />
Espafiola.) Nelson. 1s. n.<br />
<br />
7% x 5. 316 pp.<br />
<br />
Jacop BatTeman’s LappEerR. By Asnitry L. Barnzs-<br />
Mattory’s Tryst. By Mrs. Pumie CuHamrion DB<br />
Crespicny. 74 xX 5. 306 pp. Mills and Boon. 6s.<br />
314 pp. Lane. 6s.<br />
Love anpATittr. By HerpertFLrowerprew. 73 x 43.<br />
Cauuista IN Revott. By Onivia Ramsny. 72 x 6.<br />
321 pp. John Long. 6s.<br />
7% x 5. 320 pp. Everett. 6s.<br />
Lats in Lire. By Aticze Prrrin. 64 x 43. 254 pp.<br />
Ex Misterio pr LA VitLa Rosa Por A. E. W. Mason.<br />
Translated by F. Battv#. 308 pp. 64 x 4}. (Collec-<br />
JemMMY ABERCRAW. By BERNARD CAPES.<br />
Library.) Cheap Edition. Nelson. 7d. n.<br />
7% x 6.<br />
301 pp. Methuen. 6s.<br />
Ont Kinp anp AnotHEeR. By Barry Parn. 73 x 5.<br />
Gay Mornina. By J. E, Buckrose.<br />
Mills and Boon. 6s.<br />
73 x 5. 320 pp. Stanley Paul. 6s.<br />
Tue Master or Merripir. By Epen Poiiwporrs. 72 x 5.<br />
Dust rrom tox Loom. By Epwarp Nopin, 7} x 65.<br />
Constable. 6s.<br />
303 pp. Melrose. 6s.<br />
Tue Decoy. By Tau Countrss or CRoMARTIn. 7} X 5}.<br />
Terms or Surrenper. By Lovis Tracy. 7% x 43.<br />
346 pp. Cassell. 6s.<br />
320 pp. John Long. 6s.<br />
Otp Motn’s Nover. Revised and Expurgated by<br />
6d. n. i<br />
<br />
Lawrence. Illustrated in Colours. §.P.C.K.<br />
Somepopy’s Lucaace. By F. F. Ranpau. 72 x 5.<br />
320 pp. Greening. 6s.<br />
Tue Curtain. By Gertie DE S. WENTWoRTH JAMES.<br />
(Re-issue.) Methuen. 7d. n.<br />
tion Espafiola Nelson.) Nelson. Is. n.<br />
(The Nelson<br />
Tue Friyine Inn. By G. K. CHesterton.<br />
308 pp. Martin Secker. 6s.<br />
Tue Waters or Letun. By Dorotuea GERARD.<br />
304 pp. Ward Lock. 6s.<br />
Buryp Eyrs. By Marcarret Puterson. 7% x 5.<br />
176 pp. Erskine Macdonald. 3s. 6d. n.<br />
A Brspoxen Bripz. By Frep Wuisuaw. 72 x 5.<br />
GILBERT Cannan. 6} x 4}. 63 pp. Martin Secker,<br />
(Cheap Reprint.) 63 x 44. 247pp. Methuen. 7d. n.<br />
130<br />
<br />
HISTORY.<br />
<br />
ANNALS AND Memorrs or THE Court or Pexine. From<br />
the Sixteenth to the Twentieth Century. By E. Back-<br />
Housr. J. O. P. Buanp. 10 x 6}. 531 pp. Heine-<br />
mann. 16s. n.<br />
<br />
POETRY.<br />
<br />
Wittow’s Forar anp Orner Porms. By SHemma Kaye-<br />
Suiru. 73 x 5}. 52 pp. Erskine Macdonald.<br />
<br />
LITERARY.<br />
<br />
S’Amusr. By W. Wurrem Bram Fisu.<br />
Blackwell. 3s. 6d.<br />
<br />
Sa Muss<br />
OXFORD :<br />
<br />
—_——_—_ + o—___—_-<br />
<br />
LITERARY, DRAMATIC, AND MUSICAL<br />
NOTES.<br />
<br />
— + —<br />
<br />
e HE SCHOOLMASTER,” by Mr. A. C.<br />
Benson, C.V.O., President of Mag-<br />
dalene College, Cambridge, is the<br />
<br />
new volume in Murray’s Shilling Library. It<br />
is described as a commentary upon the aims<br />
and methods of the public-schoo] master, in<br />
relation to the boys in his house, his pupils, and<br />
his classes.<br />
<br />
In ‘“‘ Ancient and Medieval Indian Archi-<br />
tecture,” Mr. E. B. Havell completes the<br />
previous survey of the subject, and traces the<br />
history from the earliest times to the Moham-<br />
madan conquest. The book is announced for<br />
publication by Mr. John Murray.<br />
<br />
The new publications of the same firm<br />
include ‘‘ Buddhist China,” by Mr. R. F.<br />
Johnston, of the Weihaiwei Government (15s.<br />
net); ‘‘ Christina of Denmark, Duchess of<br />
Milan and Lorraine,” by Julia Cartwright (Mrs.<br />
Ady), (18s. net); ‘‘ The Mounted Police of<br />
Natal,” by Mr. H. P. Holt, with an introduc-<br />
tion by General Sir George Dartnell (10s. 6d.<br />
net); ‘‘ Memories of a Musician,” by Wilhelm<br />
Ganz (12s. net); and a second edition of ** Law<br />
and Politics in the Middle Ages,’ by Edward<br />
Jenks, M.A., B.C.L.<br />
<br />
Mrs. Ellis H. Chadwick’s ‘‘ In the Footsteps<br />
of the Brontes ”’ is published by Sir Isaac Pit-<br />
man & Sons, at 16s. net.<br />
<br />
The Canadian publishers of Mr. Arnold<br />
Haultain’s “ Goldwin Smith: His Life and<br />
Correspondence,”’ are McClelland and Good-<br />
child, of Toronto.<br />
<br />
A book of ‘‘ Reminiscences, Social and<br />
Political,” by the Lady Southwark, has been<br />
published by Williams & Norgate, at the<br />
price of 12s. 6d. The book contains glimpses<br />
of Queen Victoria, Prince Albert and the Royal<br />
children, and other celebrities of the Victorian<br />
<br />
THE AUTHOR.<br />
<br />
era. The volume is illustrated by many por-<br />
traits drawn by the pencil of the author.<br />
<br />
Mr. Herman Scheffauer’s translation of<br />
Heine’s “‘ Atta Troll,’’ with an introduction by<br />
Dr. Oscar Levy and illustrations by Mr. Willy<br />
Pogany, has been published by Sidgwick &<br />
Jackson.<br />
<br />
‘* Busy Days ”’ is the title of a collection of<br />
extracts from the fourteen previous works of<br />
Mrs. Alec Tweedie, whose ‘‘ America as I Saw<br />
it’? is in its second edition.<br />
<br />
The sub-title of E. Nesbit’s ‘‘ Wings and the<br />
Child,’’ gives some idea of its scope—‘‘a Plea<br />
for the Culture of Imagination” (Hodder &<br />
Stoughton, 6s.).<br />
<br />
Dr. Marie Stopes is bringing out in the first<br />
week of February a volume of original verse<br />
called ‘“‘ Man, other Poems, and a Preface.”<br />
Messrs. Heinemann are publishers of this, as<br />
well as of ‘‘ Plays of Old Japan: The No,” by<br />
Dr. Marie Stopes and Professor Sukurai, to<br />
which the Japanese Ambassador, Baron Kato,<br />
contributed a congratulatory preface.<br />
<br />
Mr. Walter M. Gallichan’s new book will be<br />
published in the spring by Holden & Harding-<br />
ham. It is an illustrated volume dealing with<br />
the position of women under plural marriage in<br />
the Eastern nations. The title is ‘““ Women<br />
under Polygamy.”<br />
<br />
‘* A Moralist’s Birthday Book ”’ is the title<br />
of a little volume in which the quotations are<br />
selected and edited by Mr. Mark Meredith.<br />
<br />
‘** Behind the Veil,” by Mr. George R. Sims,<br />
figures among the spring announcements of<br />
Greening & Co.<br />
<br />
Mr. Horace A. Vachell’s new novel is<br />
‘** Quinneys.” This and Mr. Eden Phillpott’s<br />
latest volume of Dartmoor stories, ‘‘ The<br />
Judge’s Chair,’ are announced by Mr. John<br />
Murray.<br />
<br />
Other works of fiction from the same house<br />
are ‘“‘ Cake,” by Mr. Bohun Lynch; “ The<br />
Race of Castlebar,” by the Hon. Emily Lawless<br />
and Mr. Shan F. Bullock; ‘‘ Through Other<br />
Eyes,”’ by Miss Amy McLaren; ‘ The Vision<br />
Splendid,” by Messrs. D. K. Broster and G. W.<br />
Taylor; and ‘“‘ Loot,” a collection of Mr. H. A.<br />
Vachell’s short stories.<br />
<br />
Miss Jeanette Marks’s ‘‘ Leviathan,”’ a novel<br />
dealing with the drug habit, is published by the -<br />
George H. Doran Co., of New York.<br />
<br />
Mrs. Alice Perrin’s story, ‘The Happy<br />
Hunting Ground,” which has appeared serially<br />
in the Daily Telegraph, is coming out in volume<br />
form on the 19th inst. (Methuen).<br />
<br />
Mr. Frank Savile’s ‘‘ The Red Wall’ (Nelson),<br />
appeared in the Pall Mall Magazine under the<br />
title of ‘‘ The Secret,” but a change was<br />
<br />
?<br />
<br />
<br />
THE AUTHOR.<br />
<br />
necessary owing to the latter name having<br />
already been used for a novel by another<br />
author. Mr. Savile’s ‘‘ The Pursuit ”’ is coming<br />
out in a cheap edition (Hutchinson & Co.).<br />
<br />
In “ Square Pegs,”’ Mr. Charles Inge, author<br />
of “ The Unknown Quantity,”’ raises again the<br />
question what is failure and what is success,<br />
as illustrated by the careers of a big man from<br />
South Africa and a little solicitor, each of whom<br />
both succeeds and fails.<br />
<br />
Mr. Max Rittenberg has two novels for 1914,<br />
“The Modern Chesterfield ” and “* Every Man<br />
His Price.” The former is in the nature of a<br />
Fleet Street satire, and is described in the sub-<br />
title as ‘‘ being a series of letters from a self-<br />
made baronet to his son, imparting counsel<br />
and an occasional grilling, through the latter’s<br />
career in philanthropy, halfpenny journalism,<br />
politics, & marriage.” Hurst and Blackett<br />
are to publish this during March. The second<br />
novel projects into the future, and deals with a<br />
young scientist’s career in the development of<br />
wireless telephony. Methuen in London and<br />
Dillingham in New York will publish this in<br />
August next.<br />
<br />
Among the novels appearing through John<br />
Long, Ltd., are ‘‘ Faith and Unfaith,” by Mr.<br />
James Blyth; ‘‘ Mary’s Marriage,” by Mr.<br />
Edmund Bosanquet ; and ‘“‘A Bespoken Bride,”<br />
by Mr. Fred Wishaw.<br />
<br />
Miss Ivy Low’s “‘ The Questing Beast ’’—<br />
the title of which recalls both the ‘‘ Morte<br />
d’Arthur’”’ and the ‘‘ Faery Queen ’’—deals<br />
largely with the life of girl-clerks, of which the<br />
author has intimate knowledge.<br />
<br />
Mr. Ralph Stock’s “‘ Marama ”’ is a novel of<br />
the South Seas (Hutchinson). The dramatic<br />
rights have been secured by the Leibler Co., of<br />
New York, for production in March.<br />
<br />
“‘ Drum’s House,” by Ida Wild (Mrs. Meynell<br />
Pearson), was published by Constable & Co.<br />
last year.<br />
<br />
E. W. Savi’s “ Baba and the Black Sheep,”<br />
an Anglo-Indian love story, is to be published<br />
early in the spring by Hurst & Blackett.<br />
The same author’s ‘“‘ The Daughter-in-law ”’ is<br />
now in its third edition.<br />
<br />
Stanley Paul & Co. are the publishers of<br />
““The Twin Soul of O Take San,” by the<br />
Baroness d’Anethan, sister of Sir Rider<br />
Haggard; of ‘The Split Peas,” by Mr.<br />
Headon Hill; and of ‘‘ Cupid’s Caterers,”’ by<br />
Mr. Ward Muir. The two last-named are<br />
included in Stanley Paul’s Empire Library.<br />
In the same firm’s 2s. net series Miss Dorothea<br />
Gerard’s ‘“‘ The Unworthy Pact ”’ is to appear.<br />
<br />
' Stanley Paul & Co. are also producing * Jill<br />
All Alone,” by Rita (Mrs. Desmond Hum-<br />
<br />
131<br />
<br />
phreys). A 7d. edition of this author’s novel,<br />
‘** A Man of No Importance,” has been issued<br />
by Hurst & Blackett.<br />
<br />
The most recent of Mr. Ascott Hope’s books<br />
for prizes, school libraries, ete., is ‘“‘ Half and<br />
Half Tragedy ” (A. & C. Black, 5s.).<br />
<br />
Mrs. Fred Reynolds’s new book, to be pub-<br />
lished shortly by Mills & Boon, is entitled<br />
**An Absent Hero.’ It owes its interest to<br />
the rather unusual fact that the hero never<br />
appears on the scene at all; his character and<br />
personality being entirely worked out in the<br />
conversation of those who are his friends or<br />
otherwise.<br />
<br />
Mrs. Charlotte Mansfield’s novel, ‘‘ Red<br />
Pearls,”’ introduces the great strike of last year<br />
in South Africa (Holden & Hardingham).<br />
<br />
Mr. Dugald Ferguson’s ‘“‘ Mates” is pub-<br />
lished by Hurst and Blackett.<br />
<br />
“ At the Back of the World,” by George and<br />
Jennie Pugh, is published by Lynwood & Co.<br />
<br />
Miss Constancia Serjeant is the author of<br />
‘“ A Christmas Rose: a Story of the Christ<br />
Child.”<br />
<br />
The late Mr. H. D. Lowry left an unfinished<br />
Cornish story, ‘‘ Wheal Darkness.” This was<br />
completed by his cousin, Mr. C. A. Dawson<br />
Scott, and is now running serially in the Cornish<br />
Post, Cornish Telegraph, and Redruth Efficient<br />
Advertiser.<br />
<br />
In the December number of Health and<br />
Vitality, the organ of the International Health<br />
League, appeared a complete Christmas story<br />
by Miss Annabel Gray, entitled “A Bitter<br />
Cup; or, Jack’s Yarn.”<br />
<br />
An article on ‘‘ Differences in Animal and<br />
Plant Life,” by Mr. F. Carrel, appeared in the<br />
January number of Science Progress.<br />
<br />
In the letter from Mr. James Marchant in<br />
the January Author, concerning the late Dr.<br />
Alfred Russel Wallace, the address—Loch-<br />
nagar, Edenbridge—was omitted. As a result<br />
Mr. Marchant fears that those who would have<br />
responded to the letter did not know whither<br />
to send their reminiscences.<br />
<br />
In the same Correspondence column the<br />
address of Mrs. E. M. Story, who wrote con-<br />
cerning ‘‘ Browning Relics,” should have<br />
appeared as Orchard House, Whitton Road,<br />
Twickenham.<br />
<br />
On the front page of the January Author the<br />
advertisement of Mackirdy’s ‘Veekly stated<br />
that the circulation of the paper was “10,000<br />
weekly.” Mrs. Archibald Mackirdy (Olive<br />
Christian Malvery) writes to say that this<br />
should have been ‘‘ 100,000 weekly,” and that<br />
the standing orders are now far over that<br />
figure.<br />
<br />
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132<br />
<br />
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<br />
The fourth number of€Poeiry and Drama<br />
(published at the Poetry Bookshop, 2s. 6d. net,<br />
or 10s. 6d. per annum, post free) completes<br />
the first volume of this quarterly. The editor<br />
announces a new departure in the section of the<br />
magazine devoted to criticism. ‘‘ We have<br />
decided, with certain exceptions, to represent<br />
the volumes which come before us in 1914<br />
solely by quotation, without comment.”<br />
<br />
Mr. S. B. Banerjea, author of ‘Tales of<br />
Bengal,” etc., is publishing a volume of<br />
“JIndian Tales” with the Oxford University<br />
Press, Bombay, immediately. Though mainly<br />
intended for young people, the book will<br />
interest and entertain their parents also.<br />
<br />
Mrs. Philip de Crespigny’s new novel,<br />
“Mallory’s Tryst,”’ was publi hed last month<br />
by Messrs. Mills & Boon. It is a modern-<br />
day story. Mrs. de Crespigny has also a short<br />
story coming out in the Storyteller.<br />
<br />
DRAMATIC.<br />
<br />
Mrs. Leonard Merrick’s new four-act play,<br />
‘* Mary-Girl,”” was produced at the Vaudeville<br />
Theatre on January 13.<br />
<br />
After the 150th performance of Mr. Louis N.<br />
Parker’s “‘ Joseph and His Brethren,’ ‘‘ The<br />
<br />
Darling of the Gods’’ was revived by Sir<br />
<br />
Herbert Tree at His Majesty’s Theatre on<br />
January 17, under the supervision of Mr.<br />
Yoshio Markino.<br />
<br />
The Play Actors produced at the Court<br />
Theatre on January 25, Mr. Israel Zangwill’s<br />
“The Melting Pot,” which has been played<br />
many thousand times in the United States,<br />
but has only been seen in London in a Yiddish<br />
version. The play is published in book form<br />
by Heinemann, with an afterword by the<br />
author, dealing with the problems involved in<br />
the play.<br />
<br />
Mr. Paul Rubens contributes the book and<br />
the music to the new musical comedy, ‘“ After<br />
the Girl,”’ at the Gaiety Theatre.<br />
<br />
“The Ladies’ Comedy,” by Mr. Maurice<br />
Hewlett, is to be seen at a matinee at the Little<br />
Theatre on February 8.<br />
<br />
A dramatic version of Mr. H. de Vere<br />
Stacpoole’s romance, ‘‘ The Blue Lagoon,”’ is<br />
among the ventures contemplated by Sir<br />
Herbert Tree.<br />
<br />
A dramatic version of Sir Rider Haggard’s<br />
“ A Child of Storm ”’ will be seen at the Globe<br />
ea with Miss Lily Brayton in the title-<br />
role.<br />
<br />
At the Comedy Theatre on the 5th inst. ‘‘ The<br />
<br />
Tyranny of Tears,’”’ by Mr. C. Haddon Cham-<br />
bers, is being revived.<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
<br />
<br />
On the termination of the matinee season of<br />
‘** Peter Pan” at the Duke of York’s Theatre<br />
this month, Sir J. M. Barrie’s “‘ Quality Street ”’<br />
will be seen at Thursday and Saturday matinees<br />
as well as in the evening bill.<br />
<br />
A German version of Mr. Herman Scheffauer’s<br />
play, “‘ The New Shylock,” has been given at<br />
the Stadt Theatre, Dantzig.<br />
<br />
Miss Cicely Hamilton lectured to the Gallery<br />
First Nighters’ Club on January 18.<br />
<br />
The post of Examiner of Plays, vacant on<br />
the death of Mr. Charles Brookfield, has been<br />
given to Mr. G. S. Street.<br />
<br />
Some of the work of Rita (Mrs. Desmond<br />
Humphreys) has been purchased for the Kinema<br />
by the Edison Co. and by Pathé Fréres.<br />
<br />
Mr. W. Percival Westell, F.Z.S., gave four<br />
“cinema nature lectures”? at the Playhouse,<br />
Hitchin, last month.<br />
<br />
Mustc.<br />
<br />
Mr. Theodore Holland’s new violin pieces,<br />
“* Poéme ” and “‘ Fireflies,’ were introduced by<br />
Mr. Horace Fellowes at his recital in the<br />
AKolian Hall on January 28, accompanied by<br />
the composer.<br />
<br />
> —_____—_<br />
<br />
PARIS NOTES.<br />
<br />
<br />
<br />
VY ““La Perception du Changement,” M.<br />
Henri Bergson explains to us, with his<br />
usual simplicity and wonderful clearness,<br />
some of the essential points of his theories.<br />
““L’Appel des Armes ”’ is the title of a novel<br />
by Ernest Psichari, a grandson of Ernest<br />
Renan. The author tells us the story of the<br />
son of an anti-militarist Professor, who, against<br />
the wishes of his father, enlists for five years’<br />
service in Africa. We see the influence of his<br />
Captain, who, having no high ideals, can only<br />
teach him his profession. As a psychological<br />
study the book is extremely interesting, and<br />
from a literary point of view we see with the<br />
greatest pleasure that something of that<br />
exquisite writer, Renan, lives again in his<br />
grandson.<br />
** Vivre la Vie,”” by Jacques des Gachons, is<br />
a sequel to that clever psychological study<br />
entitled “ La Vallée Bleue.’ Each of the two<br />
books is a complete story in itself. In the<br />
<br />
- first, we see the influence of surroundings on<br />
<br />
two brothers, one of whom lives in Paris and<br />
the other in the country. In the second story<br />
we have the history of the descendants of the<br />
two brothers. This novelist’s books are<br />
greatly appreciated in France and have already<br />
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<br />
<br />
won, for their author, two of the French<br />
Academy prizes.<br />
<br />
“La Ville Assiégée,” by Guy Chantepleure,<br />
is not a novel, but a story of real life. Madame<br />
Guy Chantepleure was at Janina in October,<br />
1912, just as war was declared with Turkey,<br />
and she describes the town to us, in November,<br />
when all the schools were transformed into<br />
ambulances. On December 26, in the very<br />
midst of the horrors of warfare, she had<br />
organised a féte for the Greek children, who<br />
danced around the Christmas tree and forgot<br />
for a short time, at any rate, the privations and<br />
miseries they were enduring.<br />
<br />
An excellent translation of the well-known<br />
novel by the Swedish author, Gustaf af<br />
Geijerstam, has been made by Wilhelm Bauer<br />
under the title of ‘‘ Le Livre du Petit Sven.”<br />
It is merely a story of family life, but told with<br />
such delicacy and refinement that the reader<br />
is held spell-bound by it. Little Sven and his<br />
dog Fox, his mother, father, and the other<br />
members of the family, become real, living<br />
individuals, and as one reads the father’s diary<br />
one sympathises with him in his great grief,<br />
after the death of his little boy and his wife.<br />
<br />
To all lovers of Old Paris we would recom-<br />
mend the volume by André Hallays, entitled<br />
+ Bn flanant a travers la France, Paris.”” The<br />
author tells us of the Auteuil of the seventeenth<br />
century, of the history of the Hotel Biron,<br />
and also of the house in the Rue Saint-Jacques,<br />
in which Mdlle. de la Valliére took refuge.<br />
<br />
After Old Paris comes ‘‘ Le Nouveau Paris<br />
{la vie artistique de la Cité moderne),” by Ray-<br />
mond Escholier. The preface is written by<br />
M. Gustave Geffroy.<br />
<br />
The book entitled ‘“‘ Espagne et Portugal,”<br />
by Marcel Dieulafoy, can now be read either in<br />
French or English. No better informed writer<br />
could have been chosen for this volume of the<br />
collection : Historie générale de ’ Art than the<br />
celebrated explorer and archzxologist whose<br />
travels in Persia resulted in the interesting<br />
collection now to be seen in the Louvre<br />
Museum. M. Dieculafoy has travelled a great<br />
deal in Portugal and in Spain, and he gives us,<br />
in this volume, his theories with regard to<br />
architectural origins and the influence of the<br />
various styles. About 700 illustrations are<br />
given in this work.<br />
<br />
Rabindranath Tagore’s Gitanjali has been<br />
translated into French by André Gide and is<br />
<br />
entitled ‘‘ L’Offrande Lyrique.”<br />
<br />
“Les Lettres, les Sciences, les Arts, la<br />
Philosophie et la Religion des Anglo-Saxons,”<br />
by H. Pierquin, seems to us rather a vast<br />
subject to treat in one volume.<br />
<br />
THE AUTHOR.<br />
<br />
<br />
<br />
<br />
183<br />
<br />
“La Résistance legale en Finlande ”’ by J. J.<br />
Caspar, Avocat a la Cour d’Appel a Paris, may<br />
interest the Society of Friends of Finland. The<br />
preface is written by Pierre Mille.<br />
<br />
‘‘Visages de Femmes” is another of the<br />
volumes of excellent studies by André Beaunier.<br />
He tells us of Lucile de Chateaubriand, of Mme.<br />
de Staél and of Mme. de Beaumont, of Adéle<br />
Schopenhauer and of Eugénie de Guérin<br />
among others.<br />
<br />
The Abbé Blandin gives us another volume<br />
to add to those already written on “J. K.<br />
Huysmans.”’ As he knew him intimately, he<br />
tells us of his life, his first books, his evolution<br />
and his conversion. He endeavours to explain<br />
many things which have always appeared<br />
unexplainable.<br />
<br />
M. Paul Leprieur, Curator of the Louvre<br />
Museum, gives us a volume with illustrations<br />
entitled ‘‘ Millet.” It is an excellent bio-<br />
graphical study and criticism of the celebrated<br />
painter of ‘‘ The Angelus.”<br />
<br />
‘“‘TImpét sur le Revenu,” by M. Joseph<br />
Caillaux, is certainly the book of the moment.<br />
<br />
M. J. Combaricu now gives us the second<br />
volume of his ‘‘ Histoire de la Musique.” For<br />
the first volume the sub-title was ‘ Des<br />
origines 4 la fin du XVI.™°siécle,” and for the<br />
second volume: ‘‘ Du XVII.™ siécle ala mort<br />
de Beethoven.”<br />
<br />
To all interested in scouting, a book entitled<br />
“‘ Les Eclaireurs de France et le Réle social du<br />
Scoutisme frangais,” by Captain Royet, may<br />
throw some light on the progress of the move-<br />
ment in France. The preface is written by<br />
Gaston Deschamps.<br />
<br />
M. Couturier who was for many years<br />
Frangois Coppée’s secretary, has published a<br />
volume entitled ‘‘ Chez Frangois Coppée.”’<br />
He tells us of the simple and beautiful life of<br />
the “‘ people’s poet ” and of the fine character<br />
of that Parisian of Paris, whose absolute<br />
sincerity and kindliness won all hearts.<br />
<br />
At the Theatre Frangais, Henry Bataille’s<br />
play ‘‘ La Marche Nuptiale”’ is being played,<br />
and at the Odéon “Rachel” fills the<br />
house.<br />
<br />
Sarah Bernhardt may be congratulated on<br />
having found, in ‘‘ Jeanne Doré,” a play which<br />
the public hope may have a very long run.<br />
Everyone is genuinely delighted that the<br />
great French tragedian should, at last, receive<br />
the recognition which she ought to have had<br />
years ago. Her promotion to Chevalier of the<br />
Legion of Honour was the occasion of a special<br />
fete. At present, the indefatigable artiste is<br />
giving a series of lectures at the request of the<br />
University of Les Annales.<br />
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134<br />
<br />
Among theatrical enterprises, it seems likely<br />
that ‘The Little English Theatre,” organised<br />
by Mr. Philip Carr, will be welcomed enthusias-<br />
tically. For some years, it has been proposed<br />
to have a theatre here of comparative ltera-<br />
ture, and it seems now quite possible to realise<br />
this plan. M. Camille de Sainte Croix,<br />
director of the Compagnie frangaise du Theatre<br />
Shakespeare, is putting on in French “ Le<br />
Marchand de Venise,”’ and almost immediately<br />
afterwards, Mr. Philip Carr will produce ‘‘ The<br />
Merchant of Venice ’’ here in English. Other<br />
plays will be given in the same way by these<br />
two directors, who, with separate organisations,<br />
will work together to carry out this idea. On<br />
his honorary committee, M. de Sainte Croix<br />
has some of the best names in France, including<br />
those of the Duchess of Rohan, Professor<br />
Charles Richet, Princess Lucien Murat, M.<br />
d’Estournelles de Constant, Jean Finot, whilst<br />
Mr. Carr has on his honorary committee, The<br />
British Ambassador, the Ambassador of the<br />
United States, the Dowager Duchess of Uzes,<br />
Duchess of Guiches, Anatole France, Auguste<br />
Rodin, M. and Mme. Albert Besnard, M. and<br />
Mme. Emile Boutroux and many others.<br />
<br />
Atys HALuarp.<br />
Oo<br />
<br />
COPYRIGHT IN A TRANSLATION.<br />
<br />
——4+—<— 4 ‘<br />
Byrne v. THE Statist Co., Lrp.<br />
<br />
HE decision of Mr. Justice Bailhache in<br />
this case is important to authors and<br />
journalists because it determines several<br />
<br />
interesting questions relating to copyright in a<br />
translation of a non-copyright work, the rights<br />
of an author who is in the employment of a<br />
newspaper, and the new defence to an action<br />
for damages in respect of an infringement for<br />
copyright, wherein the defendant alleges that<br />
he was not aware and had no reasonable<br />
grounds for suspecting that copyright subsisted<br />
in the plaintiff’s work.<br />
<br />
The plaintiff, Mr. F. D. Byrme, who is<br />
employed on the editorial staff of the Financial<br />
Times, and has an extensive knowledge of<br />
foreign languages, including Portuguese, sued<br />
the defendant company for damages for the<br />
infringement of his copyright in a translation<br />
of a speech dealing with financial matters,<br />
which was delivered in the General Legislative<br />
Assembly of the State of Bahia by the governor<br />
of that State. The speech, which was in<br />
Portuguese, was published in a Bahian news-<br />
paper ; and the plaintiff was asked by the<br />
business manager of the Financial Times to<br />
quote a price for making a translation of the<br />
<br />
THE AUTHOR.<br />
<br />
speech for publication in that paper as an<br />
advertisement. ‘The plaintiff agreed to do the<br />
work for twenty guineas and asked that his<br />
name should appear as the translator. The<br />
work was done by the plaintiff out of office<br />
hours and the English translation of the<br />
speech appeared in the Financial Times with<br />
the note, ‘‘ Translated from the Portuguese by<br />
F. D. Byrne.”<br />
<br />
This advertisement in the Financial Times<br />
was seen by the business manager of the<br />
Statist, who obtained permission from the<br />
Bahian Government to reproduce the speech,<br />
as an advertisement in the Statist. The<br />
defendants published the plaintiff's English<br />
translation in the Statist and this was the<br />
infringement of copyright for which the<br />
plaintiff claimed damages.<br />
<br />
It was contended on behalf of the defendants<br />
that the plaintiff's translation was not an<br />
‘*‘ original literary work’’ and was not the<br />
subject of copyright; and that if it was<br />
capable of copyright, the translation was made<br />
by the plaintiff when he was in the employ-<br />
ment of the Financial Times and in the course<br />
of his employment, so that the copyright, if<br />
it existed, would belong to his employers. It<br />
was further pleaded that the defendants were<br />
not liable for damages, because they were not<br />
aware and had no reasonable grounds for<br />
suspecting that copyright subsisted in the<br />
work. It was upon this latter point that the<br />
defendants most strongly relied. Evidence<br />
was given that the practice of the managers of<br />
newspapers with regard to advertisements is<br />
that when they see an advertisement in a<br />
paper, which they would like to have the profit<br />
of publishing, they apply to the advertiser or<br />
his agent for leave to print the advertisement<br />
in their paper; and having arranged a price<br />
they print a verbatim copy of the advertise-<br />
ment, apparently relying upon the supposition<br />
that there is no copyright in the advertisement<br />
or that the copyright belongs to the advertiser.<br />
<br />
The points raised on behalf of the defendants<br />
are dealt with in the judgment of Mr. Justice<br />
Bailhache, who said that he thought the words<br />
‘*‘ original literary work’? meant a literary<br />
work of which the person in whom the copy- |<br />
right was laid: or through whom the title to<br />
the copyright was traced was the author. A<br />
translator of a literary work had for many<br />
years been held to be the author of his transla-<br />
tion. The plaintiff’s translation was not<br />
merely mechanical. The plaintiff had com-<br />
pressed the speech and edited it by omitting<br />
the less material parts. He had divided it into<br />
suitable paragraphs and supplied appropriate<br />
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headlines. The plaintiff's translation was<br />
therefore an original literary work.<br />
<br />
As to the question of employment, the judge<br />
pointed out that the plaintiff did not make the<br />
translation in pursuance of any duty owed by<br />
him to the Financial Times as one of their<br />
staff, or in the course of his employment as<br />
such, but his employment to make the trans-<br />
lation was an independent engagement quite<br />
outside his ordinary duties, and the work was<br />
done entirely in his spare time.<br />
<br />
The last point raised on behalf of the<br />
defendant company also failed. The adver-<br />
tisement in the Financial Times contained an<br />
intimation that it had been translated by the<br />
plaintiff. The evidence showed that such a<br />
notice was unusual, and in the judge’s opinion<br />
there was reasonable ground for suspecting<br />
that there was copyright in the plaintiff's<br />
translation. The position of the defendants in<br />
truth was not so much that they did not<br />
suspect the translation was the subject of<br />
copyright as that they supposed that the<br />
copyright belonged to the governor of Bahia,<br />
whose permission to reproduce it had been<br />
obtained. This merely amounted to saying<br />
that they supposed they had the authority of<br />
the owner of the copyright, which was a very<br />
different thing from not suspecting that any<br />
copyright existed. The Act does not give<br />
protection to a person who, knowing or<br />
suspecting that copyright exists, makes a<br />
mistake as to the owner of the copyright and<br />
under that mistake obtains authority to pub-<br />
lish the work from a person who is not in fact<br />
the owner of the copyright.<br />
<br />
The defence therefore failed and judgment<br />
was given for the plaintiff for £150 damages and<br />
costs.<br />
<br />
Haroitp Harpy.<br />
<br />
i<br />
<br />
COPYRIGHT TITLE AND TRADE MARK.<br />
<br />
9<br />
<br />
U.S.A. Law Case,<br />
<br />
aS. of space has prevented our quoting<br />
sooner the opinion of the Circuit Court<br />
of Appeals at St. Louis in the case of<br />
<br />
Atlas Manufacturing Co., et al. v. Street and<br />
Smith, which involved several very interesting<br />
questions of the protection of the name of a<br />
fictitious character by trade mark or copy-<br />
right or both, this though questions of copy-<br />
ag per se, were not presented by the case.<br />
T e name involved was “Nick Carter,”<br />
which Street and Smith were attempting to<br />
<br />
THE AUTHOR.<br />
<br />
<br />
<br />
135<br />
<br />
protect against moving picture piracy. The<br />
decision rendered was a divided one and will,<br />
it is understood, be appealed to the U.S.<br />
Supreme Court.<br />
<br />
Van Valkeburgh, District Judge :—<br />
<br />
‘* Appellees, complainants below, are citizens<br />
of the State of New York, and are the members<br />
of a co-partnership known and styled as<br />
Street & Smith. This firm is engaged in the<br />
business of publishing detective _ stories<br />
characterised by the general name of ‘ Nick<br />
Carter.’ Its publications are issued weekly<br />
and consist, exclusive of cover, of 32 pages,<br />
11 by 8 inches in size. Of these pages, 26 are<br />
devoted to a detective story complete in<br />
itself ; 5 pages to space-filling items under the<br />
heading ‘ News of All Nations’; and 1 page to<br />
advertising other publications issued by the<br />
same firm. The cover is in colours and pre-<br />
sents in order the serial number, date, price,<br />
general title ‘ Nick Carter,’ the specific title of<br />
the detective story, as ‘The Red Button,’<br />
contained in that issue, and an illustration<br />
characteristic of the story, or depicting some<br />
incident in it. Slight modifications of interior<br />
make-up have since been made, but this<br />
description applies to complainants’ exhibit,<br />
filed with their bill July 1, 1913. The func-<br />
tion of the weekly issue is the publication of<br />
the single detective story contained therein.<br />
A different story under a distinct title is pub-<br />
lished each week. These stories are complete<br />
in themselves. The only connection between<br />
them is that the detective character, Nick<br />
Carter, is the central figure in each. On April<br />
19, 1910, complainants registered the name<br />
‘ Nick Carter’ as a trade mark for ‘ a weekly<br />
publication devoted to fiction,’ alleging that it<br />
had been used in their business and that of<br />
their predecessors since March 30, 1885.<br />
<br />
“The appellant, Atlas Manufacturing Com-<br />
pany, is a Missouri corporation domiciled in<br />
the city of St. Louis. Its business includes<br />
the manufacture and sale of moving-picture<br />
films. Appellant Crawford is its president.<br />
In January or February, 1912, said Atlas<br />
Manufacturing Company employed certain<br />
persons, named, respectively, Wolcott and<br />
Hamilton, to write a scenario or memorandum<br />
of the series of events in a detective story,<br />
This story was then acted with appropriate<br />
stage setting and the performance photo-<br />
graphed in sequence. From _ these photo-<br />
graphs a film was prepared, and it is the pur-<br />
pose of appellants to sell, rent, or lease this<br />
film to such persons as may desire to display<br />
it in moving-picture theatres. As advertised‘<br />
the story presents ‘Nick Carter, the Great<br />
<br />
<br />
136<br />
<br />
' American Detective, Solving the $100,000<br />
Jewel Mystery.’ It appropriates neither<br />
title, plot, nor situations of any story pub-<br />
lished by complainants: The name Nick<br />
Carter is used and a detective story portrayed.<br />
The name of the appellant corporation, a<br />
manufacturer, is displayed upon the screen.<br />
Complainants, claiming the ‘ exclusive right<br />
to make, sell, print, publish, and display to the<br />
public detective stories marked with the name<br />
and trade mark ‘ Nick Carter,’’ and called<br />
and known by the trade name “‘ Nick Carter,”’ ’<br />
filed their bill of complaint July 1, 1912, to<br />
restrain defendants from using his name in<br />
any connection or form. A preliminary<br />
injunction was granted, and _ defendants<br />
appealed. Complainants have taken out no<br />
copyright upon any of their publications,<br />
therefore no rights arising under the copyright<br />
law are presented for determination. The<br />
property rights asserted are based (1) upon<br />
registered trade mark; (2) upon long-estab-<br />
lished trade name.<br />
<br />
““(1) The trade mark registered is ‘ Nick<br />
Carter.’ The law authorising such registra-<br />
<br />
tion provides that the applicant shall specify<br />
‘the class of merchandise and the particular<br />
description of goods comprised in such class<br />
to which the trade mark is appropriated, . . .<br />
<br />
a description of the trade mark itself,’ and ‘a<br />
statement of the mode in which same is<br />
applied ‘ and affixed to goods... .’ Act,<br />
February 20, 1905, 33 Statutes at Large, pt. 1,<br />
ce, 592, p. 724 (U. S. Comp. St. Supp., 1911,<br />
p- 1,459). In compliance with this requirement<br />
complainants particularly describe their so-<br />
called goods as ‘a weekly periodical devoted<br />
to fiction.’ To entitle this publication to<br />
protection under the trade mark granted it<br />
must conform to the description filed ; it must<br />
be a periodical. In Smith et al. v. Hitchcock,<br />
226 U.S. 58,33 Sup. Ct. 6, 57 L. Ed.—,decided<br />
November 18, 1912, the Supreme Court held<br />
that the ‘Tip Top Weekly,’ issued by these<br />
same complainants, and practically identical<br />
in structure with the ‘ Nick Carter ’ publica-<br />
tion, is not a periodical, but a book.<br />
<br />
(2) Literary property in a book cannot<br />
be protected by trade mark, nor otherwise<br />
than by copyright. Black v. Ehrich (CC)<br />
44 Fed. 798 ; Brown on Trade Marks, 116, 117.<br />
This is conceded by complainants’ counsel in<br />
brief and argument ; but it is claimed that<br />
whether the publication be regarded as a<br />
periodical or a book the trade mark protects<br />
it in its character as goods or merchandise.<br />
It is therefore well to determine the exact<br />
nature of the ‘ merchandise’ to which the<br />
<br />
THE AUTHOR.<br />
<br />
trade mark applies. This must be the publica-<br />
tion, as such, whether book or periodical. It<br />
is the form, not the contents. ‘ Nick Carter’<br />
is not the name of the specific story, as, in this<br />
case, ‘The Red Button.’ None of the indi-<br />
vidual stories are covered by the mark. To<br />
publish a little booklet entitled ‘The Red<br />
Button,’ distinct in size, form and dress, not<br />
bearing the imprint ‘ Nick Carter,’ would not<br />
infringe this technical trade mark. Con-<br />
ceding to this registered mark its broadest<br />
application, it can at most protect only against<br />
something in the nature of a periodical publica-<br />
tion of the same class.<br />
<br />
‘““No exercise of imagination, however<br />
fertile, can transform defendants’ film or its<br />
intermittent exhibitions into anything re-<br />
sembling a periodical publication.<br />
<br />
‘**(3) Complainants’ chief reliance would<br />
seem to be upon the claim asserted in their<br />
bill that they have possessed for many years,<br />
and still possess, the exclusive right to make,<br />
sell, print, publish, and display to the publie<br />
detective stories called and known by the<br />
trade name ‘ Nick Carter.’ This is a direct<br />
appeal to the law affecting unfair competition<br />
in trade. Because they have long published<br />
detective stories associated with this name and<br />
character, they now assert the exclusive right<br />
to construct and make public in any manner<br />
whatsoever all detective stories involving the<br />
name and character of ‘ Nick Carter.’ It is<br />
the individual story as an article of mer-<br />
chandise, and not the form of publication for<br />
which protection is thus invoked. In the<br />
language of the brief, ‘ the sole question in this<br />
case for the court to decide is whether or not<br />
a moving-picture film is of the same class of<br />
goods as a printed book.’ The claim advanced<br />
is ingenious and decidedly comprehensive in<br />
its scope.<br />
<br />
““(4, 5) We agree with counsel that ‘ the<br />
fact that appellees’ (complainants’) stories<br />
are not the highest class of literature does not<br />
bar complainants from relief by the courts.’<br />
In other words, this fact does not take from<br />
the stories their essential character as litera-<br />
ture in the eyes of the law. They are subjects<br />
of copyright. And this leads us to inquire<br />
what complainants’ standing would be under<br />
the law of copyrights? The author of a<br />
literary work or composition has, by common<br />
law, the exclusive right of the first publication<br />
of it. He has no exclusive right to multiply<br />
or control the subsequent issues of copies by<br />
others. The right of an author or proprietor<br />
of a literary work to multiply copies of it to<br />
the exclusion_of others is the creature of<br />
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statute. This is the right secured by the<br />
copyright laws of the different governments.<br />
Palmer v. De Witt, 47 N. Y. 532, 7 Am. Rep.<br />
480.<br />
<br />
“*(6) Neither author nor proprietor of<br />
<br />
a literary work has any property in its<br />
<br />
name. It is a term of description, which<br />
<br />
serves to identify the work; but any other<br />
person can, with impunity, adopt it and<br />
apply it to any other book, or to any trade<br />
<br />
commodity, provided he does not use it as a<br />
<br />
false token to induce the public to believe<br />
<br />
that the thing to which it is applied is the<br />
identical thing which it originally desig-<br />
nated. If literary property could be pro-<br />
tected under the theory that the name by<br />
<br />
which it is christened is equivalent to a<br />
trade mark, there would be no necessity<br />
for copyright laws.’ Black v. Ehrich<br />
<br />
(C. C.) 44 Fed. 793.<br />
<br />
(7-9) So the copyright of a book does<br />
not prevent others from taking the same title<br />
for another book, though the copyright has<br />
not expired ; and on the expiration of the copy-<br />
right of a novel any person may use the plot<br />
for a play, copy or publish it, or make any<br />
other use of it he sees fit. In such case, where<br />
one writes and copyrights a play based on a<br />
novel, and bearing the same title as the novel,<br />
he cannot prevent another from giving the<br />
same name to an entirely different play which<br />
has been constructed from that novel. Glaser<br />
v. St. Elmo Co. (C. C.) 175 Fed. 276. The<br />
right to use a copyrighted name upon the<br />
expiration of the copyright becomes public<br />
property, subject to the limitation that the<br />
right be so exercised as not to deceive members<br />
of the public and lead them to believe that<br />
they are buying the particular thing which<br />
was produced under the copyright. G. & C.<br />
Merriam Co. v. Ogilvie (C. C. A.) 159 Fed.<br />
688, 88 C. C. A. 596, 16 L. R. A. (N. S.)<br />
549, 14 Ann. Cas. 796.<br />
<br />
(10) Original section 4,952, R. S. U. S.,<br />
provided that ‘authors may reserve the<br />
right to dramatise or to translate their own<br />
works.” Unless this reservation was made<br />
the public was free to make such use of them.<br />
By Act of March 8, 1891, c. 565, 26 Stat. 1,107<br />
(U. S. Comp. St. 1901, p. 3,406), it was pro-<br />
vided that * authors or their assigns shall have<br />
exclusive right to dramatise and_ translate<br />
any of their works for which copyright shall<br />
have been obtained under the laws of the<br />
United States.’ This made such exclusive<br />
right an integral part of the copyright itself.<br />
Under this section, so amended, the Supreme<br />
Court has held that an exhibition of a series<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
<br />
<br />
137<br />
<br />
of photographs of persons and things,<br />
arranged on films as moving pictures and so<br />
depicting the principal scenes of an author’s<br />
work as to tell the story, is a dramatisation<br />
of such work, and the person producing the<br />
films and offering them for sale for exhibitions,<br />
even if not himself exhibiting them, infringes<br />
the copyright of the author. Kalem Co.<br />
v. Harper Bros., 222 U.S. 55, 32 Sup. Ct. 20,<br />
56 L. Ed. 92, Ann. Cas. 193 A, 1,285. Never-<br />
theless, it is held that the owner of the copy-<br />
right of a novel is not entitled to protection<br />
against the use of that name in connection<br />
with a dramatic composition which does not<br />
present any scenes, plot or dialogue imitated<br />
or adapted from the novel; it being the name<br />
in connection with the novel, and not the<br />
name alone, which the copyright protects.<br />
Harper et al. v. Ranous (C. C.) 67 Fed. 904.<br />
If the copyright has expired, or none has been<br />
taken out, neither the rights and privileges<br />
conferred, nor the limitations and obligations<br />
imposed by that law are present, because,<br />
apart from the statute, none exist.<br />
“Complainants do not rely upon copy-<br />
right. The name ‘ Nick Carter’ is not the<br />
title of any story, nor the name of author or<br />
publisher. But complainants insist that we<br />
shall consider their books, not from the liter-<br />
ary standpoint, but as merchandise, and cite<br />
numerous Cases recognising that the principles<br />
of trade mark law, and the law forbidding<br />
unfair competition in business, may, under<br />
certain conditions, apply to books, magazines,<br />
periodicals and newspapers. That they may<br />
and do apply to magazines, periodicals and<br />
newspapers, as such, we have already seen; to<br />
books the application is more limited. The cases<br />
cited reveal that protection is accorded in con-<br />
nection with specific kinds of books, such as<br />
bibles, dictionaries, and works of a like nature,<br />
where the name has so long been used to desig-<br />
nate the production as to have become identified<br />
with such particular publications as denoting<br />
their origin, and where the use of such name<br />
by another publisher, having no connection<br />
with the place or name, can have no purpose<br />
except to deceive purchasers. Chancellor,<br />
etc., of Oxford University v. Wilmore-Andrews<br />
Pub. Co. (C. C.) 101 Fed. 443; Merriam Co.<br />
v. Straus et al. (C. C.) 186 Fed. 477; Ogilvie<br />
v. Merriam Co. (C. C.) 149 Fed. 858 ; Merriam<br />
v. Holloway Pub. Co. (C. C.) 48 Fed. 450;<br />
Merriam et al. v. Tewvas Siftings Pub. Co.<br />
(C. C.) 49 Fed. 933; Merriam v. Famous<br />
Shoe and Clothing Co. (C. C.) 47 Fed. 811.<br />
In instances where the same method of<br />
selection, illustration and style of binding, as<br />
138 THE AUTHOR.<br />
<br />
well as name on the cover, have been taken, the<br />
form of publication is the feature of critical<br />
importance. _ Estes et al. v. Williams et al.<br />
(C. C.) 21 Fed. 189 5 Estes et al. v. Leslie et al.<br />
(C. C.) Fed. 22; Estes et al. v. Worthington<br />
(C. C.) 81 Fed. 154. In all cases the courts<br />
have been careful to limit the doctrine<br />
announced to the special circumstances, and<br />
have coupled it with a re-statement of well-<br />
known principles. Thus, In Merriam Vv.<br />
Straus et al., supra, J udge Wallace said :<br />
<br />
‘““¢ It is proper, however, to say that the<br />
pill is in part an attempt to protect the<br />
literary property in the dictionaries, which<br />
became publict juris upon the expiration<br />
of the copyrights. This attempt must<br />
prove futile.’ :<br />
<br />
“In Ogilvie v. Merriam Co. (C. C.) 149<br />
Fed! 858, it is pointed out that this public<br />
right cannot be taken away or abridged on<br />
any theory of trade mark or unfair competi-<br />
tion, which is only another way of seeking<br />
to perpetuate the monopoly secured by the<br />
copyright. Similar views are expressed in<br />
Merriam v. Texas Siftings Pub. Co. (C. C.)<br />
49 Fed. 944, and Merriam v. Famous Shoe<br />
and Clothing Co. (C. C.) 47 Fed. 411. In<br />
G. & C. Merriam v. Ogilvie (C. C. A.) 159 Fed.<br />
638, 88 C. C. A. 596, 16 L. R. A. (N. 8.) 549,<br />
14 Ann. Cas. 796, the Court of Appeals for the<br />
First Circuit used language still more explicit:—<br />
<br />
““*Phe name ‘‘ Webster” having been<br />
copyrighted by the Merriams, they were<br />
protected in its use under a statutory right<br />
during an express term of years. The pro-<br />
tection, therefore, in that respect, came by<br />
virtue of the copyright, rather than by<br />
virtue of its use in publication and trade.<br />
The statutory monopoly having expired<br />
under statutory limitation, the word ‘‘ Web-<br />
ster’ used in connection with a dictionary<br />
became public property, and any relief<br />
granted upon the idea of title or proprietor-<br />
ship in the trade name of “* Webster ” would<br />
necessarily involve an unwarrantable con-<br />
tinuance of the statutory monopoly secured<br />
by the copyright.’<br />
<br />
‘The important principle involved is, per-<br />
haps, most pointedly stated by Mr. Justice<br />
Miller in Merriam et al. v. Holloway Pub. Co.,<br />
supra. He says :—<br />
<br />
“* JT want to say, however, with reference<br />
to the main issue in the case, that it occurs<br />
to me that this proceeding is an attempt to<br />
establish the doctrine that a party who has<br />
had the copyright of a book until it has<br />
expired may continue that monopoly indefi-<br />
nitely, under the pretense that it is pro-<br />
<br />
tected by a trade mark, or something of<br />
that sort. I do not believe in any such<br />
doctrine, nor do my associates. When a<br />
man takes out copyright for any of his<br />
writings or works, he impliedly agrees that<br />
at the expiration of that copyright such<br />
writings or works shall go to the public and<br />
become public property. I may be the first<br />
to announce that doctrine, but I announce<br />
it without any hesitation. If a man is<br />
entitled to an extension of his copyright,<br />
he may obtain it by the mode pointed out<br />
by the law. The law provides a method of<br />
monopoly of the sale of his writings for a<br />
definite period, but the grant of a monopoly<br />
implies that after the monopoly has expired<br />
the public shall be entitled ever afterward<br />
to the unrestricted use of the book. ... I<br />
will say this, however, that the contention<br />
that complainants have any special pro-<br />
perty in ‘‘ Webster’s Dictionary” is all<br />
nonsense, since the copyright has expired.<br />
What do they mean by the expression<br />
‘“‘ their book,” when they speak of Webster’s<br />
Dictionary ? It may be their book if they<br />
have bought it, as a copy of Webster's<br />
Dictionary is my book if I have bought it.<br />
But in no other sense than that last indicted<br />
can the complainants say of Webster’s<br />
Dictionary that it is their book.’<br />
<br />
“* In the Chatterbox Cases (Estes v. Williams,<br />
<br />
supra, Estes v. Leslie, supra, and Estes v.<br />
Worthington, supra), emphasis is laid chiefly<br />
upon similarity of form. In Estes et al. v.<br />
Williams, et al., supra, it was said :-—<br />
““<«There is no question but that the<br />
defendants have the right to reprint the<br />
compositions and illustrations contained<br />
in these books, including the title of the<br />
several pieces and pictures. That does<br />
not settle the question as to the right<br />
claimed here. There is work in these publi-<br />
cations aside from the ideas and concep-<br />
tions. Johnston was not the writer of the<br />
articles nor the designer of the pictures<br />
composing the book, but he brought them<br />
out in this form. The name indicates this<br />
work. The defendants, by putting this<br />
name to their work in bringing out the same<br />
style of book, indicate that their work is<br />
his. This renders his book less remunera-<br />
tive, and while continued is a continuing<br />
<br />
injury which it is the peculiar province of a<br />
<br />
court of equity to prevent.’<br />
<br />
““In Kalem Co. v. Harper Bros., 222 U. S.<br />
55, 82 Sup. Ct. 20, 56 L. Ed. 92, Ann. Cas.<br />
1913 A, 1285, it was suggested by counsel that<br />
to extend the copyright of a case or reproduc-<br />
<br />
<br />
<br />
<br />
r<br />
<br />
<br />
<br />
. THE AUTHOR. 139<br />
<br />
ing scenes from Ben Hur by means of moving<br />
pictures was to extend it to the ideas as<br />
distinguished from the words in which those<br />
ideas are clothed. Mr. Justice Holmes said :—<br />
““* But there is no attempt to make a<br />
monopoly of the ideas expressed. The law<br />
confines itself to a particular, cognate, and<br />
well-known form of production.’<br />
<br />
““(11, 12) It may be conceded: That the<br />
law relating to unfair trade has a three-<br />
fold object: First, to protect the honest<br />
trader in the business which fairly belongs to<br />
him ; second, to punish the dishonest trader,<br />
who is taking his competitor’s business away<br />
by unfair means ; third, to protect the public<br />
from deception. Gulden v. Chance (C. C. A.)<br />
182 Fed. 303, 105 C. C. A. 16. That to sus-<br />
tain a charge of infringement the owner of a<br />
trade mark must have used it on the same<br />
class, but not necessarily on the same species,<br />
of goods as the alleged infringer. Layton<br />
Pure Food Co. v. Church & Dwight Co. (C. C. A.)<br />
182 Fed. 35, 104 C. C. A. 475, 82 L. R. A.<br />
(N. S.) 274. Of course, defendants’ film<br />
bears no resemblance to complainants’ books.<br />
No one would buy the one in the belief that<br />
he was getting the other. It is the display<br />
that constitutes the infringement, if there<br />
is one; and in such case the producer of<br />
the film is responsible equally with the<br />
exhibitor. Kalem Co. v. Harper Bros., supra.<br />
We do not think a moving-picture show is of<br />
the same class as a written book. One belongs<br />
to the field of literature; the other to the<br />
domain of theatricals. Originally there was<br />
no legal connection between the written novel<br />
and a dramatisation based upon its characters<br />
and incidents. The connection was made by<br />
statute in derogation of the common law. In<br />
the absence of copyright, the situation is as<br />
if no such connection had ever been made.<br />
We are unwilling, indirectly, to extend to<br />
writings a protection beyond that conferred<br />
by statute. Congress created a specific form<br />
of monopoly for literary property in this<br />
country, and made it subject to express limita-<br />
tions. It is for Congress to say whether these<br />
limitations should be relaxed.<br />
<br />
““(13) Neither trade-mark nor trade-name<br />
can afford protection to, detective stories, as<br />
such, whether published ‘or still unborn, and<br />
much less where neither title nor composition<br />
is pirated, and but a single common character<br />
is used. The suggestion involves an attempt<br />
to make a monopoly of ideas, instead of<br />
confining the application of the law to ‘a<br />
particular cognate and well-known form of<br />
production.’<br />
<br />
**(14) Moving pictures and dramatisations<br />
are cognate forms of production. When<br />
copyright was extended to the latter, it neces-<br />
sarily included the former ; but in the absence<br />
of copyright no such relation exists between<br />
either of these forms and the written book.<br />
It is not thought that the public will be<br />
deceived into belief that it is seeing a produc-<br />
tion of one of complainants’ stories when it<br />
witnesses that displayed from defendants’ film.<br />
But, if so, it is no more deceived than when it<br />
reads a book of the same name as one thereto-<br />
fore published, but unprotected. It may be<br />
that the defendants are profiting by the use<br />
of a name made distinctive by complainants,<br />
but this is true of one who sells a brand of<br />
cigars named after a famous book or a famous<br />
personage. In the absence of some positive<br />
legal right in complainants, these are con-<br />
ditions for which equity cannot undertake to<br />
create a remedy. The decree below must<br />
therefore be reversed and the case remanded,<br />
with directions that the preliminary injunc-<br />
tion be dissolved and the bill dismissed for<br />
want of equity. Mast, Foos & Co. v. Stover<br />
Manufacturing Co., 177 U. S. 485, 20 Sup. Ct.<br />
708, 44 L. Ed. 856; Castner v. Coffman,<br />
178 U.S. 168, 20 Sup. Ct. 842, 44 L. Ed. 1021.<br />
<br />
‘It is so ordered.<br />
<br />
** Hook, Circuit Judge (dissenting). My<br />
objection to the above conclusion can be<br />
expressed in a sentence: The defendants are<br />
engaged in appropriating the fruits of com-<br />
plainants’ current endeavours, and are deceiv-<br />
ing the public.”<br />
<br />
———___ +»—~<__-—____—__<br />
<br />
MAGAZINE CONTENTS.<br />
<br />
8<br />
<br />
BritisH.<br />
<br />
The Writing of Irish History. By Padriac Column.<br />
<br />
The Silence of Journalists. By G. K. Chesterton.<br />
<br />
Language and National Unity. Francis W. Grey.<br />
<br />
Dramatists of To-Day: Synge; St. John Hankin. By<br />
Edward Storer.<br />
<br />
CoNTEMPORARY.<br />
<br />
The “New Way” of Playing Shakespeare.<br />
Scott James.<br />
<br />
Literary Supplement :<br />
<br />
By R. A.<br />
<br />
Traditional Christmas Carols.<br />
<br />
EncuisH REVIEW.<br />
<br />
Yeats, Lady Gregory and Synge. By George Moore.<br />
<br />
Dialect Words. By Logan Pearsall Smith.<br />
<br />
The Bi-Centenary of Laurence Sterne.<br />
Gosse.<br />
<br />
The Piano-Player and the Music of the Futuro. By<br />
E. Newman.<br />
<br />
Stanley Houghton: An Appreciation.<br />
Ellis.<br />
<br />
M. Anatole France Comes to London.<br />
<br />
By Edmund<br />
<br />
By Anthony L.<br />
By 8. 0.<br />
THE AUTHOR.<br />
<br />
HOW TO USE THE SOCIETY.<br />
<br />
—<br />
<br />
VERY member has a right toask for and to receive<br />
4, 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 />
<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 seruple to use<br />
the Society.<br />
<br />
3. Before signing any agreement whatever, send<br />
the document to the Society for examination.<br />
<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 />
&1e independence of the writer, the dramatist, the composer.<br />
<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 />
jars of the Society’s work can be obtained in the<br />
Prospectus.<br />
<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 />
<br />
This<br />
The<br />
<br />
7, Many agents neglect to stamp agreements.<br />
must be done within fourteen days of first execution.<br />
Secretary will undertake it on behalf of members,<br />
<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 />
<br />
9. The subscription to the Society is £1 1s. per<br />
annum, or £10 10s. for life membership.<br />
<br />
ee<br />
<br />
WARNINGS TO THE PRODUCERS<br />
OF BOOKS.<br />
<br />
a<br />
<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 />
<br />
I. Selling it Outright.<br />
This is sometimes satisfactory, if a proper price can be<br />
<br />
e<br />
<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 />
<br />
Il. A Profit-Sharing Agreement (a bad form of<br />
agreement),<br />
<br />
In this case the following rules should be attended to:<br />
<br />
(1.) Not to sign any agreement in which the cost of pro-<br />
duction forms a part without the strictest investigation.<br />
<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 />
<br />
(3.) Not to allow a special charge for ‘“‘ office expenses,”<br />
unless the same allowance is made to the author.<br />
<br />
(4.) Not to give up American, Colonial, or Continental<br />
rights.<br />
<br />
(5.) Not to give up serial or translation rights.<br />
<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 />
<br />
III. The Royalty System.<br />
<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 Zhe Author.<br />
<br />
IY. A Commission Agreement.<br />
<br />
The main points are :—<br />
<br />
(1.) Be careful to obtain a fair cost of production.<br />
(2.) Keep control of the advertisements.<br />
<br />
(3.) Keep control of the sale price of the book.<br />
<br />
General.<br />
<br />
All other forms of agreement are combinations of the four<br />
above mentioned.<br />
<br />
Such combinations are generally disastrous to the author,<br />
<br />
Never sign any agreement without competent advice from<br />
the Secretary of the Society.<br />
<br />
Stamp all agreements with the Inland Revenue stamp.<br />
<br />
Avoid agreements by letter if possible.<br />
<br />
The main points which the Society has always demanded<br />
from the outset are :—<br />
<br />
(1.) That both sides shall know what an agreement<br />
means.<br />
<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 />
<br />
(3.) Always avoid a transfer of copyright.<br />
<br />
So —_—_——<br />
<br />
WARNINGS TO DRAMATIC AUTHORS.<br />
<br />
———+ —<br />
<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 />
<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 />
<br />
3. There are three forms of dramatic contract for plays<br />
<br />
in three or more acts :—<br />
<br />
(a.) Sale outright of the performing right. This<br />
is unsatisfactory. An author who enters inte<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 />
THE AUTHOR.<br />
<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 inadvance of percentages. A fixed<br />
date on or before which the play should be<br />
performed. :<br />
<br />
(¢.) Sale of performing right or of a licence to<br />
perform on the basis of royalties (i.c., 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 (0.) apply<br />
also in this case.<br />
<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. It is extremely<br />
important that the amateur rights‘of one-act plays should<br />
be reserved.<br />
<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 />
<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 />
<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 />
<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 />
<br />
9. Agreements for collaboration should be carefully<br />
drawn and executed before collaboration is commenced.<br />
<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 />
<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 />
<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 />
<br />
———_+—~>—_ ——_____<br />
<br />
REGISTRATION OF SCENARIOS AND<br />
ORIGINAL PLAYS.<br />
<br />
os<br />
<br />
ne 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 />
<br />
be carefully compared by the Secretary or a qualified assis-<br />
tant. One copy will be stamped and returned to theauthor<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 />
<br />
rules, with the exception that a play will be charged for<br />
at the price of 2s. 6d. per act.<br />
<br />
141<br />
<br />
DRAMATIC AUTHORS AND AGENTS.<br />
<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 />
<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 />
———_—_+—@—+ —__<br />
<br />
WARNINGS TO MUSICAL COMPOSERS.<br />
<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 />
<br />
a rule, the musical publisher demands from the musical<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 />
<br />
—— 4 gg<br />
STAMPING MUSIC.<br />
<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 />
<br />
————-— >> —______<br />
<br />
THE READING BRANCH.<br />
Se<br />
EMBERS will greatly assist the Society in this<br />
VI 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 />
—_o1—>—_<br />
<br />
REMITTANCES.<br />
<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 />
<br />
<br />
<br />
<br />
COLLECTION BUREAU.<br />
<br />
—$— > ——<br />
<br />
HE Society undertakes to collect accounts and money<br />
j due to authors, composers and dramatists. :<br />
1. Under contracts for the publication of their<br />
<br />
works.<br />
9. Under contracts for the performance of their works<br />
<br />
and amateur fees.<br />
3. Under the Compulsory Licence Clauses of the Copy-<br />
<br />
right Act, i.e., Clause 3, governing compulsory licences for<br />
books, and Clause 19, referring to mechanical instrument<br />
<br />
records.<br />
The Bureau is divided into three departments :-—<br />
<br />
1. Literary.<br />
2. Dramatic.<br />
3. Musical.<br />
<br />
The Society does not desire to make a profit from the<br />
collection of fees, but will charge a commission to cover<br />
expenses. If, owing to the amount passing through the<br />
office, the expenses are more than covered, the Committee<br />
of Management will discuss the possibility of reducing the<br />
commission.<br />
<br />
For full particulars of the terms of collection, application<br />
<br />
must be made to the Collection Bureau of the Society.<br />
AGENTS.<br />
Holland . ; ; . A. REYDING.<br />
United Statesand Canada. WALTER C. JORDAN.<br />
Germany . Mrs Pogson.<br />
The Bureau is in no sense a literary or dramatic<br />
agency for the placing of books or plays.<br />
<br />
————————__+—_>—_+—__—_<br />
<br />
GENERAL NOTES.<br />
<br />
+ 4<br />
UNITED STATES COPYRIGHT.<br />
<br />
WE print in another part of this issue a very<br />
interesting case dealing with infringement of a<br />
title. The judgment on the point before the<br />
Court is not of much importance, as it was a<br />
question of trade mark under the American<br />
law. But the “ obiter dicta”’ of the judge with<br />
regard to the difference between rights created<br />
by statute and rights under the common law<br />
are worthy of careful consideration. It is, of<br />
course, difficult to say what view an English<br />
judge would take of these points. It is<br />
doubtful whether he would confirm the sayings<br />
of his American brother.<br />
<br />
CANADIAN COPYRIGHT.<br />
<br />
TuE present unsatisfactory position of an<br />
author as regards copyright in Canada has<br />
been brought to the notice of the Committee<br />
of Management on one or two occasions<br />
recently. The Imperial Act of 1842 still runs<br />
in the Dominion. This Act, as everyone<br />
knows, has been repealed as far as Great<br />
Britain is concerned. In consequence, certain<br />
difficulties arise.<br />
<br />
THE AUTHOR.<br />
<br />
The first deals with dramatic” production.<br />
Under the Act of 1842 a copyright performance<br />
was essential. This performance, as the Act<br />
of 1842 still runs, is still essential in Canada,<br />
if the copyright is to be acquired there.<br />
Dramatists, therefore, who set store by their<br />
Canadian and American rights must be very<br />
careful to see that they are properly protected,<br />
otherwise it might chance that either the<br />
Canadian or United States rights have been<br />
lost.<br />
<br />
The second point arises with regard to book<br />
publication. If the work is published in England<br />
copyright is still obtained in Canada under the<br />
Act of 1842. If the English author places his<br />
Canadian market in the hands of the English<br />
publisher, although the Customs Authorities<br />
in Canada refuse to prevent the importation<br />
of foreign reprints, yet it is possible for the<br />
author to bring an action against the sellers<br />
of the foreign reprints should he care to do so,<br />
and thus preserve his market; but, if the author<br />
is unfortunate enough as to grant the book<br />
rights for the United States and Canada to<br />
the United States publisher, then, although<br />
the United States publisher has the right of<br />
selling the work in Canada, he cannot stop<br />
the importation and sale of books lawfully<br />
printed under the English Copyright Act. In<br />
other words, supposing the English publisher<br />
without knowledge sells thousands of copies<br />
to a middleman, and the middleman chooses<br />
to import and sell them in Canada, the United<br />
States publisher has no remedy.<br />
<br />
These points for the time being are rather<br />
serious, and it is necessary to warn members<br />
of the Society to be exceedingly careful how<br />
they deal with their Canadian rights. It is<br />
hoped that at no distant date they will be set<br />
right by the introduction of an equitable<br />
Canadian law.<br />
<br />
CopyriGHt AND Fitm RIGHTS.<br />
<br />
TuE Daily News in one of its issues pub-<br />
lished an interview with a well-known authoress<br />
upon the question of copyright and film rights.<br />
In case this article may have come to the view<br />
of any members of the Society, and has led<br />
them to make false deductions, it may be of<br />
interest to members to know the exact position<br />
as far as it is possible to diagnose it under the<br />
new law.<br />
<br />
The lady who was interviewed stated that<br />
the copyright acquired by a publisher exists<br />
only in the book as it stands. No publisher,<br />
she says, has ever claimed the right to alter<br />
or adapt novels for either cinematograph or<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
dramatic performances. It is quite clear that<br />
this statement has been made without any<br />
study of the present law. If any unfortunate<br />
author reading the article assigns his copyright<br />
to a publisher on the idea that he is not assign-<br />
ing his dramatic and cinematograph rights, he<br />
may wake up suddenly one day and find him-<br />
self in a very difficult position. Under the<br />
first schedule of the Act of 1911, if a person<br />
before the passing of the Act has acquired the<br />
copyright: (in the case of works other than<br />
dramatic or musical works) he acquires under<br />
the new Act, as a substituted right, copyright<br />
as defined by the Act. Now copyright as<br />
defined by the Act covers dramatic and cine-<br />
matograph rights. Accordingly, to take a<br />
concrete ease, if A., before the Act, has assigned<br />
his copyright in a story or a novel to a pub-<br />
lisher, the publisher, after the passing of the<br />
Act, will hold both the dramatic and cine-<br />
matograph rights. But the publisher will hold<br />
these rights subject to the special provisions of<br />
clause 24 as to duration, ete. It is quite clear<br />
also that if, after the passing of the Act, A.<br />
has assigned his copyright in a story or a<br />
novel, such assignment will cover the dramatic<br />
and cinematograph rights.<br />
<br />
It is a serious matter, therefore, that the<br />
statement printed in the Daily News should be<br />
allowed to pass unchallenged, as it may lead<br />
unfortunate authors into signing away their<br />
rights in total ignorance of what those rights<br />
cover.<br />
<br />
<br />
<br />
Dramatic MIpDDLE-MEN.<br />
<br />
THE attention of the Dramatic Sub-Com-<br />
mittee has been called by one of its members<br />
to a form of speculation that is taking place<br />
in the dramatic world, and the sub-committee<br />
desires members of the Society to be warned.<br />
Certain persons have been approaching authors<br />
with a view to buying up certain portions of<br />
their dramatic rights. They have no prospect<br />
whatever of producing the dramatic rights<br />
themselves, but desire to gamble in these<br />
rights by selling them to. other people.<br />
Members of the Society, therefore, should<br />
make it an essential point of any sale or<br />
licence they may make, that production shall<br />
be ensured within a certain fixed time, and<br />
that the production shall be made by the<br />
people to whom the rights are being sold.<br />
Otherwise the dramatist may find himself<br />
in a*very serious position. Not only that,<br />
he may find he is obtaining a considerably<br />
. smaller amount in royalty than he would<br />
<br />
143<br />
<br />
be entitled to if he had placed his own wares,<br />
owing to the fact that two or three middle-<br />
men are intervening between himself and the<br />
producing manager.<br />
<br />
AGENTS AND THE Four-Boox CLAUSE.<br />
<br />
THE question that is now so frequently<br />
before authors not only of fiction, but of other<br />
literary works, is the demand made by<br />
publishers to have the control of one, two,<br />
three and in some cases, even as many as six<br />
more books from the author’s pen.<br />
<br />
We have pointed out that the publishers’<br />
argument for making this demand is that by<br />
special advertisement they can push an author’s<br />
books more satisfactorily. We have generally<br />
found that where an author is tied in this<br />
way by his contract, he does not get any special<br />
advantage, indeed, the publisher knowing that<br />
he is entitled to receive future works, generally<br />
pushes the authors to whom he is not so<br />
bound.<br />
<br />
The author’s argument in answer to this<br />
is :—<br />
<br />
1. If you push my book by special advertise-<br />
ment without my binding myself, I shall be<br />
willing to put my second, my third, and even<br />
my fourth book in your hands.<br />
<br />
2. If I do bind myself, will you undertake<br />
in the contract to insert a special clause by<br />
which you will carry out your suggestion to<br />
give it special advertisement.<br />
<br />
The publishers’ answer to this is always<br />
in the negative.<br />
<br />
It is not, however, the danger with the<br />
publisher that is so serious, but it is the danger<br />
with the agent who makes the clause for the<br />
author. In a clause of this kind the agent’s<br />
and the author’s interests are not incommon,<br />
and it is essential if the agent should do<br />
his best for the author that their interests<br />
should be in common. It is to the advantage<br />
of the agent to bind the author to a publisher<br />
for a series of books in one agreement, for he<br />
knows that, however dissatisfied the author<br />
may be with the agreement, and with his<br />
methods of doing business, so far as that<br />
contract is concerned, he is entitled to his<br />
commission on the following books, and that<br />
the author cannot take the matter out of his<br />
hands.<br />
<br />
The question has become so serious that it is<br />
necessary to warn authors once again of the<br />
danger of such a clause, not only as between<br />
themselves and the publisher, but as between<br />
themselves and the agent.<br />
<br />
<br />
<br />
<br />
144<br />
<br />
<br />
<br />
PUBLISHERS AND LENDING LIBRARIES.<br />
<br />
Ir appears that certain publishers have<br />
started a lending library of their own. We<br />
do not refer to publishers of books. There<br />
are subscribers to this lending library who pay<br />
so much per annum, and they are entitled for<br />
this subscription to receive certain orchestral<br />
parts and certain other musical pieces. The<br />
publishers reap the benefit from the annual<br />
subscriptions but the composer, unless he is<br />
aware of the position, does not make any<br />
arrangement in his contract by which he should<br />
be entitled to a share of the profits of the library<br />
and in consequence may possibly lose a circu-<br />
lation which he otherwise would have obtained.<br />
When composers have learned the art of<br />
insisting on reasonable agreements in addition<br />
to the art of writing music, they will cover a<br />
point of this kind and claim a certain fee<br />
each time their music may be lent. It would<br />
be as easy for them to check such a transaction<br />
as it would be if they received a royalty on<br />
every copy sold.<br />
<br />
A Minister oF FINE Arts.<br />
<br />
AutL those who believe—in spite of the<br />
Chancellor of the Exchequer’s statement in<br />
the House of Commons some time ago that<br />
such a thing was “‘ not practical ’’—that the<br />
foundation of a Ministry of Fine Arts in this<br />
country is not only possible, but eminently<br />
desirable, will rejoice to hear, on the authority<br />
of Mr. Wynford Dewhurst in the Journal of the<br />
Imperial Arts League for January, that the<br />
investigations of the large and influential com-<br />
mittee of professional men working to formu-<br />
late a scheme for presentation to Parliament,<br />
are most encouraging to the hope that public<br />
opinion will be able to force the establishment<br />
of such a Ministry in the near future. To Mr.<br />
Dewhurst, indeed, it is manifest that it “ might<br />
have been successfully inaugurated twenty years<br />
ago,” had public opinion been the only body to<br />
be consulted. Elsewhere—in his book entitled<br />
“Wanted: A Ministry of Fine Arts ’’—the<br />
same writer has shown with the aid of the<br />
French Government Yellow Book issued by<br />
the Ministére des Beaux Arts, that, so far from<br />
being an expensive institution, a Ministry of<br />
this kind is a direct means of retrenchment of<br />
expenses, our present method of encouraging<br />
Art being most wasteful and unproductive.<br />
The report of the Committee mentioned above<br />
is expected very shortly.<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
THE NEW YEAR’S HONOURS.<br />
<br />
——S<br />
<br />
ITERATURE has not been prominent in<br />
+ the recent list of New Year’s Honours.<br />
It included, however, the names of two<br />
well-known members of the Society of Authors,<br />
Mr. James Bryce and Mr. Owen Seaman, the<br />
former becoming a viscount and the latter<br />
receiving knighthood. Of all the awards so<br />
made norie has been better deserved than<br />
these, and the hearty congratulations of their<br />
fellow-members will be added to those of<br />
their private friends and of the general public.<br />
The Right Honourable James Bryce, or The<br />
Viscount Bryce of Dechmount in-the county<br />
of Lanark, as he now becomes, enters the<br />
House of Lords as the natural and customary<br />
reward of political and diplomatic service to<br />
his King, rather than in recognition of the<br />
literary ability and encyclopedic learning<br />
which have added distinction to his career.<br />
He is, however, one of the now, alas! dwindling<br />
band who enrolled themselves as_ original<br />
members of the Society when it was founded<br />
in 1884. To him public honours are no new<br />
thing, and if his peerage is political and recalls .<br />
the fact that he was recently British Am-<br />
bassador at Washington, and that so long ago<br />
as 1892 he first had a seat in the Cabinet, he<br />
is not only a Privy Councillor, but also a<br />
Fellow of the Royal Society, and, moreover,<br />
can append to his name initials representing<br />
degrees conferred by about a dozen universities<br />
at home and abroad. He has also received<br />
the high honour, and one independent of<br />
politics, of the Order of Merit, as well as the<br />
Prussian order Pour le Merite. Politics have,<br />
however, no doubt claimed his chief attention<br />
since the year of Liberal triumph at the<br />
polls which gave its name to the Eighty Club,<br />
and the fact that he once practised at the Bar,<br />
and was for twelve years Regius Professor of<br />
Civil Law at Oxford, may fairly have been<br />
forgotten by many who recognise him better<br />
as Under Secretary for Foreign Affairs, as<br />
Chancellor of the Duchy of Lancaster, or as<br />
President of the Board of Trade. Here we<br />
will remember rather that the publications<br />
from his pen commenced in 1859 with a work<br />
on the Flora of Arran, followed in 1862 by<br />
“The Holy Roman Empire,” and by others<br />
covering a wide range in politics, law, juris-<br />
prudence, history and other subjects, down to<br />
a recent date. We will also record our<br />
esteem for one who, being an original member<br />
of our Society and of its council, in more<br />
recent years has assisted its efforts in the<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
cause of copyright in America, and in other<br />
ways, when the occasion has. offered itself,<br />
has rendered to it, and through it to his<br />
fellow-members, practical service and valued<br />
help.<br />
<br />
Thirty years after Mr. James Bryce was<br />
called to the Bar at Lincoln’s Inn Mr. Owen<br />
Seaman took the same step at the Inner<br />
Temple. This was in 1897, after he had been<br />
a master at Rossall School and a prof-ssor<br />
at Newcastle-on-Tyne, and when fourteen<br />
years had elapsed since he took a first class in<br />
the Classical Tripos and captained his college<br />
boat club at Clare. His distinguished talent<br />
for light verse had, however, already attracted<br />
attention. The World and the National<br />
Observer had frequently published his work,<br />
and the editor of Punch had for some little<br />
time recognised the talents of his future<br />
successor, who was to become Sir Owen<br />
Seaman, as he became Sir Francis Burnand.<br />
Journalism, therefore, claimed him from the<br />
law before it had taken a close hold of him, or a<br />
judge now on the bench not unknown for his<br />
talent as a versifier and a humourist might<br />
have had a very dangerous rival. Mr. or Sir<br />
Owen Seaman, as we must now call him, is<br />
recorded to have joined the staff of Punch in<br />
1897, to have become its assistant editor in<br />
1902, and editor in 1906. It is hardly necessary<br />
now to recount the volumes in which have<br />
been collected his polished verses upon every<br />
kind of topic, and the gay travesties of the<br />
more serious poems of others which earned<br />
for their author, in a newspaper paragraph<br />
recording his knighthood, the description of<br />
““the best living exponent of the art of<br />
parody, succeeding to the laurels of Calverley<br />
and H. D. Traill.’”” We may add to this that<br />
the high classical degree mentioned above may<br />
well be recalled by those who appreciate the<br />
scholarly spirit and refined polish of Sir<br />
Owen Seaman’s verses, and that other qualities<br />
both in his verse and in his work as editor<br />
suggest in like manner the mens sana in the<br />
sound frame of one whose athletic distinc-<br />
tions were not confined to the waters of the<br />
Cam,<br />
ryAs a member of the Society of Authors,<br />
the editor of perhaps the most widely known<br />
English periodical occupies a seat upon its<br />
council and finds time to serve upon its Pension<br />
Fund Committee.<br />
<br />
145<br />
<br />
COMPOSERS’ ROYALTIES AND THE<br />
COPYRIGHT PROTECTION SOCIETY.<br />
<br />
=<<br />
<br />
HE question of the collection of royalties<br />
T' due under the clauses of the new Copy-<br />
right Act is a matter of great importance,<br />
and musical composers, in particular, should<br />
be very careful how they deal with their rights.<br />
They should, if possible, keep full control; but<br />
in any event they should not allow those<br />
agents who collect on their behalf to make<br />
charges which are not clearly defined when<br />
the contract is made. There seem to be three<br />
very important points in the rules of the Copy-<br />
right Protection Society, the body supported<br />
by music publishers, to which it is necessary<br />
to call attention.<br />
<br />
First, the expenses of the society of and<br />
incident to the collection of royalties, and the<br />
carrying out and administration of the business<br />
operations of the society, without any appor-<br />
tionment of such expenses in respect of or<br />
amongst the works of its members individually,<br />
are to be deducted from the aggregate fund<br />
collected.<br />
<br />
Secondly, of the balance remaining after<br />
this indefinite sum has been deducted, 30 per<br />
cent., is to go to the publisher.<br />
<br />
Thirdly, although the member may with-<br />
draw from the society by giving a certain<br />
notice, still, inthe event of his withdrawal or<br />
death, all the rights that he shall have conveyed<br />
shall continue to be vested in and exercisable<br />
by the company.<br />
<br />
It is proposed to discuss these points entirely<br />
from the composer’s standpoint. The com-<br />
mittee of this Copyright Protection Society is<br />
composed of three composers, three authors<br />
and six publishers, and in addition a chair-<br />
man who shall be a composer. Authors in this<br />
connection have very little claim in comparison<br />
with composers and publishers who have pur-<br />
chased copyrights.<br />
<br />
It is right that the original creators, the<br />
composers, even though they may be so foolish<br />
as to transfer their copyright to the publishers,<br />
should have control of any company started<br />
for the collection of their royalties. It is<br />
reasonable that publishers and composers<br />
should both be represented—though the former<br />
in a lesser degree—because both are holders of<br />
copyright. But it is an astonishing thing to<br />
see composers sitting on the board of a company<br />
whose regulations proclaim clearly that com-<br />
posers are expected to surrender the greater<br />
part of their royalties without having control<br />
of the expenditure which is to be deducted,<br />
<br />
<br />
<br />
<br />
<br />
146<br />
<br />
<br />
<br />
and, after that, to surrender a great part of<br />
the residue to the publishers who ought to<br />
have no claim whatever upon them.<br />
<br />
Dealing with the first point, it should be<br />
stated that there are societies which collect<br />
royalties for composers, deducting a definite per-<br />
centage. From a business point of view this<br />
is no doubt the best method. These societies<br />
do not ask the compdsers to give away<br />
any portion of their royalties to other people.<br />
If a composer likes to give away a certain<br />
portion of his royalty to other people, that is<br />
quite a different thing, but that he should be<br />
bound to do so, seems an astonishing line for<br />
members of the musical profession to advocate.<br />
The composers are bound under the rules of<br />
the Copyright Protection Society by a clause<br />
in which the committee of that society demand<br />
the transfer to the society for the entire<br />
period of membership of the rights of repro-<br />
duction by mechanical instruments of all<br />
works which are or may be published by a<br />
member. This is apparently contradictory to<br />
article 5 already quoted, which states that<br />
such rights shall continue to be vested and<br />
exercisable by the company in the event of a<br />
member’s withdrawal or death. But it would<br />
appear that if a member has once vested his<br />
rights in the company he cannot withdraw them.<br />
<br />
There are other rules, by which the member<br />
is bound to notify the society of all works,<br />
which he writes—rules which compel him to a<br />
sterner slavery, rather than admit him to a<br />
_ freedom. When he has vested all<br />
<br />
is rights in the company, the committee<br />
are allowed to conduct and defend such<br />
legal proceedings as may be sanctioned by<br />
them. Now this is a very serious matter<br />
when it is considered that the general body<br />
of members have no control over the expen-<br />
diture. The committee can take or omit to<br />
take any action they like. They can take<br />
action where a member strongly objects to<br />
any action being taken; they may omit to<br />
take action where a member may strongly<br />
desire action to be taken. The unfortunate<br />
composer whose property is being dealt with,<br />
has no power of control one way or the other.<br />
The only limit to these expenses appears to be<br />
the total amount of royalties collected. It is<br />
possible, of course, under these Rules, that the<br />
members of the committee may be replaced,<br />
but the members of the first committee cannot<br />
be replaced until the general meeting in 1915,<br />
so that there is some time to run before the<br />
members can take any action whatever. And<br />
<br />
whatever they do, the general body cannot be<br />
freed from the tyranny of the rules.<br />
<br />
THE AUTHOR.<br />
<br />
<br />
<br />
The second point refers to the division of the<br />
royalties with the publisher. Various reasons<br />
have been given for this division. The music<br />
publisher has claimed that by publishing the<br />
composer’s music, he makes the gramophone<br />
rights valuable. This may or may not be the<br />
case, but it is a matter for the composer to<br />
decide whether or not to give the publisher<br />
any of his rights. The point must not be<br />
settled arbitrarily by the company. As<br />
another reason, it has been stated that the<br />
production of pieces on mechanical instru-<br />
ments has reduced the sale of sheet music enor-<br />
mously. This may indeed be the case; and,<br />
in fact, it is possible that at no distant date<br />
the production by mechanical instruments will<br />
act as an advertisement for the sheet music<br />
rather than the sheet music for the production<br />
on the mechanical instruments. When the<br />
taxi-cab drove the unfortunate hansom off the<br />
streets, the driver of the hansom, however<br />
much he may be regretted, was allowed to die<br />
a natural death, and was not awarded a liberal<br />
pension by those who had _ patronised_ his<br />
vehicle. If the production of mechanical in-<br />
struments has reduced the sale of sheet music,<br />
this is no reason why the composer should be<br />
bound to pay part of his royalties as a pension<br />
to the publisher. The publisher must either<br />
readjust his business or suffer.<br />
<br />
The final point has already been mentioned<br />
when dealing with the first one, namely, that<br />
the composer, when he has once become a<br />
member of this society, and has yielded over<br />
his rights to the society, can never withdraw<br />
those rights again or obtain control of his own<br />
property. It is possible that there may be<br />
some explanation of the two contradictory<br />
clauses referred to, other than the one put for-<br />
ward, but this does not seem probable. No<br />
doubt, after a member has retired, future com-<br />
positions can be dealt with by other firms.<br />
<br />
It would seem, therefore, the best advice to<br />
give to composers is that they should with-<br />
draw from any society that collects their<br />
royalties on an indefinite charge, and that<br />
gives 80 per cent. of the royalties when<br />
collected to the publisher, and should join<br />
some society where, at any rate, they know<br />
that the deductions are limited to a certain<br />
<br />
ercentage. The Mechanical Copyrights<br />
<br />
icensing Company collects for composers on<br />
a 25 per cent. basis, subject to certain condi-<br />
tions; the Authors’ Society collects at 15 per<br />
cent. without any conditions at all except the<br />
payment of an annual subscription of one<br />
guinea, for which very full value is given in<br />
organising and defending the whole body of<br />
<br />
<br />
THE AUTHOR.<br />
<br />
composers’ interests, including those which are<br />
opposed to those of publishers. But even<br />
those composers who have an objection to the<br />
organisation of their own profession might at<br />
least employ a solicitor. A solicitor who gave<br />
80 per cent. of his client’s royalties to a pub-<br />
lisher would get into serious trouble. Sensible<br />
<br />
composers, by joining the Society of Authors,<br />
get the services of a solicitor and a skilled and<br />
disinterested agent at one stroke.<br />
<br />
——_—_+-—<—_ 2 —_____—__<br />
<br />
AUTHOR’S CORRECTIONS.<br />
<br />
—— +<br />
<br />
S the question of the charges for correc-<br />
A tions is constantly recurring, and as<br />
the matter is of considerable importance<br />
to all authors, the difficulties connected with<br />
this subject must once again be put before<br />
the members of the Society. In the first<br />
instance sundry clauses collected from<br />
different publishers’ agreements bearing on<br />
the question of corrections are printed below<br />
for consideration. Clauses on the lines of the<br />
following appear in nearly every agreement ;<br />
they are taken at random as examples.<br />
<br />
1. ‘The said author to correct proof sheets with all<br />
reasonable despatch, and if any alterations or additions<br />
to proofs are made beyond the usual corrections of printer’s<br />
errors he is to pay for such extra work.”<br />
<br />
2. “The cost of correction of other than the printer’s<br />
errors in the proofs of the said work exceeding 10s. per<br />
sheet of thirty-two pages is to be borne by the said author,<br />
and the amount thereof shall be payable to the publishers<br />
by the said author within one month after the publication<br />
of the book.”<br />
<br />
3. ‘‘ All alterations in proof sheets made by the author<br />
while the book is passing through the press, the cost of<br />
which shall exceed 16s. per sheet of sixteen pages, shall be<br />
at the expense of the author.”<br />
<br />
4. ‘That the author shall not be liable for expenses of<br />
author’s proof corrections (exclusive of the correction of<br />
printer’s errors) up to the amount of £5, equivalent to<br />
100 hours of work, but that should such charges exceed<br />
this amount, the author shall be debited with the excess.”<br />
<br />
The first two are exceedingly dangerous to<br />
the author. In the first clause the author is<br />
bound to pay for all extra work. This is<br />
unfair, for, as will be pointed out later,<br />
some printer’s errors must under the most<br />
favourable circumstances be included in<br />
author’s corrections. In the second clause<br />
the author is allowed 10s. per sheet of thirty-<br />
two pages (this is a low allowance) and is<br />
bound to pay the amount within a month<br />
from the publication of the book. This is not<br />
customary; in a fair contract the amount (if<br />
any) is deducted from the returns. In the third<br />
‘clause the amount the author has to pay is<br />
<br />
147<br />
<br />
anything in excess of 16s. per sheet of sixteen<br />
pages. This clause would be a favourable one<br />
for the author if printer’s errors had not been<br />
included. In the fourth clause he is bound to<br />
pay anything over £5, which is equivalent to<br />
one hundred hours’ work; this may be a low<br />
allowance.<br />
<br />
The charge the author has to bear in agree-<br />
ments from the best publishing houses varies<br />
from anything over 7s. 6d. to about 12s. per<br />
sheet of sixteen pages. Let us consider for<br />
a moment what this means.<br />
<br />
The ordinary 6s. book runs to about 320<br />
pages, generally rather over that amount.<br />
This would be twenty sheets of sixteen pages,<br />
and if the author was allowed 7s. 6d. per sheet,<br />
he would be therefore allowed for corrections<br />
an amount of £7 10s., for which he would not<br />
have to pay. It will be seen therefore, that<br />
the amount put forward in the above clauses,<br />
with the exception of clause three would be<br />
exceedingly small ; and in clause four, whether<br />
the amount was reasonable, would of course<br />
depend on the size of the book. In any case,<br />
where a fixed allowance is made, care should<br />
be taken that the amount is reasonable as<br />
compared with the cost of composition. If<br />
the author exceeds the sum of £7 10s., say he<br />
has to pay £10 himself, this would mean there<br />
would be £17 10s. of corrections, or in other<br />
words, would mean 350 hours’ work, or the<br />
work of a man for thirty-five days at the rate<br />
of ten hours a day, reckoned at 1s. per hour,<br />
the ordinary charge. This will give some idea<br />
of the absurdities of some charges made under<br />
the cover of corrections.<br />
<br />
In the draft agreements issued by the<br />
Publishers’ Association we find the following<br />
clause :—<br />
<br />
“The author agrees that if costs of corrections and<br />
alterations in the proof sheets exceed 25 per cent. of the<br />
cost of composition it shall be deducted from the royalties<br />
payable to him.”<br />
<br />
The cost of composition of the ordinary<br />
6s. book varies between £20 and £80.<br />
Here allowance for the corrections free to<br />
the author is very small, especially as the<br />
clause makes no statement whatever with<br />
regard to printer’s errors. It is a clause to<br />
be avoided therefore. There is one point,<br />
however, on which the clause is reasonable,<br />
namely, that the amount should be deducted<br />
from the royalties and in most publishers’<br />
agreements where it is not expressly stated<br />
this course is generally adopted. There is<br />
one publisher who offers the author 10 per<br />
cent. of the cost of composition, or about<br />
£2 for corrections on the composition of an<br />
<br />
<br />
148<br />
<br />
ordinary length /novel.{ Special mention is<br />
made of this as the firm is one of the best known<br />
in London. The only redeeming point in the<br />
case is that he does not often’insist on any<br />
charge; but it is not fair that the author<br />
should be dependent on the _ publisher’s<br />
generosity. oe<br />
<br />
The next point for consideration is how the<br />
author’s corrections are to be distinguished<br />
from printer’s errors. Printers will tell you<br />
that the proofs are read over before they are<br />
forwarded to the author, and the author,<br />
therefore, has a clean sheet. Any corrections<br />
made on the clean sheets are author's cor-<br />
rections. If the author finds many printer’s<br />
errors still in the proofs he should return them<br />
for a clean sheet before he makes any cor-<br />
rections of his own (this may be sometimes<br />
necessary if the author comes across proofs<br />
so corrupt that they have evidently been<br />
in the hands of a young compositor). This<br />
would be an admirable way of ascertaining<br />
the difference if the printer’s reader was<br />
infallible, but not only is such a_ position<br />
impossible, but this further difficulty must<br />
be taken into consideration, that the printer<br />
may make mistakes unnoticeable by the<br />
reader but very clear to the author, and every<br />
author who has been accustomed to read<br />
proofs will know that, as a matter of fact, he<br />
never receives a proof clear of printer’s errors.<br />
He has however, on the printer’s own confes-<br />
sion, to be responsible to the publisher for<br />
more than his own corrections—in the result<br />
this position, however unfair, is almost<br />
unavoidable. An honourable house will, how-<br />
ever, act fairly, but a dishonest publisher not<br />
infrequently takes advantage.<br />
<br />
In case of a dispute is it possible to determine<br />
what are printer’s errors and what are author’s<br />
corrections, and how much time is expended<br />
on one and how much on the other? It is<br />
almost impossible. The author should keep<br />
duplicate proofs and should make his correc-<br />
<br />
- tions. on both, and in both cases should make<br />
the corrections of printer’s errors in different<br />
coloured ink from his own corrections. This<br />
would be the most secure way of ascertaining<br />
the facts of the case correctly. Is all this<br />
trouble worth while ? The following statement<br />
will show the contrary, even if any author<br />
would undertake this pedantic accuracy.<br />
The time necessary for alterations when picked<br />
out by this method is only approximately<br />
ascertainable and tends to make the sugges-<br />
tion valueless. Even when the author has<br />
— the corrections distinct, the fresh difficulty<br />
will arise in determining the time expended on<br />
<br />
THE AUTHOR.<br />
<br />
the re-composition for the correction of<br />
printer’s errors as apart from those of the<br />
author, and if the matter has to be settled<br />
before a judge as the final arbiter expert<br />
evidence can only prevent an_ exorbitant<br />
overcharge, but no expert can reduce the<br />
question to the accuracy of a mathematical<br />
problem. If, then, the printer or publisher<br />
intends to be dishonest to the extent of £5<br />
or so, no power on earth can prove the<br />
dishonesty. On some publishers’ accounts<br />
these few uncheckable pounds are always in<br />
evidence. The safest way, therefore, is to<br />
send in a clean typescript in the first instance<br />
and to know exactly how to correct at the least<br />
cost. The author should be careful to make<br />
such alterations and to such an extent that<br />
the lines should not overrun and necessitate<br />
the carrying forward of the whole type.<br />
Sometimes an exceedingly small correction,<br />
from the author’s point of view, will be an<br />
exceedingly large one from the printer’s.<br />
<br />
The cost of corrections is vouched for by the<br />
printer’s time-sheet showing so much time<br />
spent by the compositor, whose time is<br />
reckoned at 1s. per hour. As a matter of<br />
fact he is not always paid so much, but<br />
it is one of the many plans by which the<br />
printers put a little into their own pockets.<br />
The publisher is bound to produce proper -<br />
vouchers from the printers if called upon to<br />
do so.<br />
<br />
One other point should be mentioned, and<br />
that is the question of corrections in the<br />
American cost of production. It is much<br />
more difficult to settle any disputes with<br />
American publishers than it is with a publisher<br />
in England owing to the distance, and the fact<br />
that if the matter is taken finally into the<br />
courts it is hardly worth while to bring an<br />
action in America unless the amount involved<br />
is very large or the principle very important.<br />
Authors, however, should be much more<br />
particular in dealing in America as to the<br />
position of the publishers and as to the form<br />
of correction clauses, and should be careful<br />
to deal with those houses only of an established<br />
reputation. This further point must also be<br />
noted ; the cost of labour in America is higher<br />
than the cost of labour in England, and there-<br />
fore the cost of corrections is proportionately<br />
greater.<br />
<br />
Finally, it has been suggested that the<br />
author should not in any case be liable to pay<br />
for corrections above a certain fixed amount.<br />
But such an arrangement, it is feared, would<br />
never be agreed to by the publisher, and would<br />
hardly be fair, as the author might involve<br />
<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
the publisher in an enormous expense and the<br />
publisher would have no possibility of obtaining<br />
any redress. As the fault of many corrections<br />
must lie with the author it is only fair that the<br />
author should pay a reasonable proportion.<br />
What such reasonable proportion is will adjust<br />
itself by the conditions of the trade when at<br />
last the full details of cost are known to both<br />
author and publisher.<br />
<br />
“THE LITERARY YEAR-BOOK.” *<br />
<br />
—_+—<— + ——<br />
<br />
d.<br />
<br />
HE 1914 issue of ‘‘The Literary Year-<br />
Book” is now to hand. _ This is its<br />
eighteenth annual issue, and the book<br />
<br />
like all good year-books, has been growing<br />
in usefulness and handiness during those<br />
eighteen years.<br />
<br />
In another column of The Author is a review<br />
of the general features of the book. I desire<br />
<br />
only to deal with the Law and Letters.<br />
It is a small portion of the book, about<br />
forty pages out of a total of 650 and more, but<br />
<br />
in some points it is the most important section<br />
of the whole book.<br />
<br />
These forty pages are divided into (1) The<br />
Law of Copyright, which is sub-divided into<br />
Imperial Copyright; Colonial Copyright ;<br />
International Copyright; (2) Author, Pub-<br />
lisher and Agent; (3) Memorandum of<br />
Agreement.<br />
<br />
The Imperial Copyright gives in a short<br />
space a rough outline of the present law,<br />
and quotes the judgments under the new Act<br />
which have been declared during the past<br />
year. It makes special mention of the clauses<br />
in the Bankruptcy Act of 1913 and states as<br />
follows: ‘‘ Owing to the decision in the case of<br />
In re Grant Richards, Ex parteW arwick Deeping,<br />
an author parting with his copyright to a<br />
<br />
ublisher who had the misfortune to become<br />
<br />
ankrupt, might to his dismay find the<br />
trustee in bankruptcy of the publisher within<br />
his legal rights in publishing the author’s<br />
work for the benefit of the creditors without<br />
paying him any royalty, or selling the copy-<br />
right without attaching any condition as to<br />
<br />
<br />
<br />
* “The Literary Year-Book, Authors’ Who’s Who and<br />
Illustrators’ Directory,’ Vol. XVIII. London, Heath,<br />
Cranton and Ousley, 1914.<br />
<br />
149<br />
<br />
the payment of royalties to the author.”<br />
This was a very serious position, and the<br />
Authors’ Society may be justly proud of<br />
having been instrumental in amending the law<br />
by the insertion of section 15 into this years<br />
<br />
Bankruptcy Act. The clause is quoted at<br />
length.<br />
<br />
The explanation of the law under the Act<br />
of 1911 must of necessity be very curtailed,<br />
but setting this point aside, it is creditably<br />
and carefully done.<br />
<br />
The case of Corelli v. Gray is quoted, and an<br />
important statement of the judge on the new<br />
Act as dealing with that case.<br />
<br />
It is difficult to deal with Colonial Copyright<br />
in the space of a little more than two pages.<br />
The Australian Law of 1912 is explained in<br />
half a page. With regard to the Canadian Law,<br />
which is dealt with in a page and a half, it is.<br />
impossible to be satisfied, but as most probably<br />
the new Canadian Act will be passed in 1914,<br />
it is as well not to lay too heavy a stress on the<br />
present difficult position of copyright property<br />
in Canada. The countries which have been<br />
covered by Orders in Council under the. new<br />
Act are fully set forth and form a very useful<br />
reference for those who desire to know how<br />
far the copyright of a British author ex-<br />
tends.<br />
<br />
The next section on Author, Publisher and<br />
Agent, has an important note at the beginning:<br />
in black clarendon, drawing attention to a<br />
note at the end of the article. To this note<br />
attention should be drawn. The editor states.<br />
‘It is the object of ‘The Literary Year-Book ’”<br />
to deal with facts as they are. The Authors’<br />
Society is at hand to try and often to succeed<br />
in moulding facts, as perhaps they ought to be.”<br />
Though not entirely agreeing with this state-<br />
ment, the articles which deal with the con-<br />
tracting parties and the terms of their con-<br />
tracts are written carefully and by one who<br />
has considerable knowledge of the intricacies<br />
of marketing literary property. :<br />
<br />
The writer of the articles deals with the<br />
agency clause, but surely in the first line he<br />
should not have stated, ‘‘ The author should be<br />
warned against a clause sometimes intro-<br />
duced into agents’ agreements.” The diffi-<br />
culty of the agency clause lies in its introduc-<br />
tion into the agreement between the author<br />
and the publisher, not into the agent’s agree-<br />
ment, where it is often counteracted by other<br />
clauses. Agents are springing up all round.<br />
There is no standard of knowledge, no standard<br />
of education, and no standard of financia<br />
honesty necessary in order to become a literary<br />
agent. Any person who has placed an articlein,<br />
<br />
<br />
150 _ “THE AUTHOR.<br />
<br />
a magazine or seen one agreement between an<br />
author and a publisher, thinks he knows<br />
sufficient to take up the work, and the author<br />
suffers accordingly. To many authors a good<br />
literary agent is a necessity ; to no author is<br />
a bad literary agent of any good. It is<br />
essential, therefore, that a note of warning<br />
should be given. The note in the present<br />
instance is hardly strong enough.<br />
<br />
There is no space to criticise the proposed<br />
forms of publication in detail, but, the criticisms<br />
on the whole, are fair. The writer, referring<br />
to the account clause, by which the publisher<br />
renders annual accounts made up to a certain<br />
date and delivered three months afterwards,<br />
states, ‘‘It is better that these accounts<br />
should be rendered semi-annually, but we<br />
print the clause in the form in which it is<br />
commonly found.” This statement we cannot<br />
support. The great majority of publishers<br />
consent now to give semi-annual accounts<br />
and many of the old-fashioned houses that<br />
have annual renderings, consent during the<br />
first two or three years from the _publi-<br />
cation to give approximate semi-annual state-<br />
ments. Though the annual account clause is<br />
bad, that a publisher should make up his<br />
accounts annually and render and pay them six<br />
months after they are made up is much worse<br />
and must never be tolerated. Some publishers<br />
have lost quite good business owing to this<br />
grievous delay.<br />
<br />
The question of prices is dealt with cursorily.<br />
It is almost impossible to give any advice on<br />
this point without an accurate knowledge of<br />
each particular case. Some publishers or editors<br />
will offer figures which would disgrace a sweat-<br />
ing East-end tailor. When it comes to the ques-<br />
tion of figures, as the editor wisely remarks,<br />
it is as well to invoke the opinion of a literary<br />
agent. I think it might be better still to<br />
invoke the opinion of the Society of Authors.<br />
<br />
There is little further to be said about the<br />
forms of agreement, but one or two remarks<br />
might be made. The writer advises never to<br />
hand over the copyright, but to alter this to<br />
“the exclusive right of printing.” The writer<br />
should have gone further and should have<br />
advised the alteration to an exclusive licence<br />
to print and publish in book form, in the<br />
English language. Sometimes it is even<br />
necessary to limit to book form, in the English<br />
language, at a certain price, or again, to a<br />
certain number of copies, or again to a form<br />
to be mutually agreed between the author and<br />
the publisher. But in any event, the publisher<br />
should only have the right of producing the<br />
work in book form in the English language.<br />
<br />
He is not there as the agent of the author to<br />
sell the translation rights, and serial rights,<br />
and many of the minor rights. To give this<br />
larger power is a fatal error.<br />
<br />
II.<br />
<br />
ALTOGETHER “‘ The Literary Year-Book for<br />
1914’? contains more information, and that<br />
information dealing with a wider field, than<br />
has been given in previous issues. That a<br />
very great deal of interest to authors is col-<br />
lected in the Year-Book is undeniable, but<br />
we are not in a position to bestow upon it<br />
whole-hearted approval. Parts are undeniably<br />
very well done. The public library re-<br />
turns which have been included in the Year-<br />
Book for some years past are this year omitted,<br />
and we think with good reason. Full par-<br />
ticulars still remain respecting libraries likely<br />
to be used by authors for purposes of research.<br />
Certain changes have been made in the list<br />
of periodical publications. Periodicals which<br />
gave no information beyond an address are<br />
now omitted. This also appears to us to<br />
be fully justified; and we may add that the<br />
arrangement of the information in the<br />
‘Contributors’ Index to Periodicals” and<br />
the hints to contributors are excellent. An<br />
entirely new feature is a section dealing<br />
with photo-playwriting, with an introductory<br />
article on ‘‘ How to Write Photo-plays,” by<br />
Mr. E. A. Dench, and a list of firms which<br />
purchase photo-plays, with notes of their<br />
requirements. Many writers will welcome<br />
this addition, though whether anyone desiring<br />
to write photo-plays will derive much real<br />
assistance from the article devoted to the<br />
subject is a question on which we will not<br />
venture to express an opinion. The Supple-<br />
ment contains a ‘‘ Tabulated List of the<br />
Books contained in Eighty-six different Series<br />
of Cheap Reprints.” So far as it goes this<br />
catalogue is certainly useful; but it must<br />
be understood that a very large number of<br />
reprinted cheap books are not to be found in<br />
<br />
it. Other quite familiar features of the<br />
<br />
Year-Book remain in forms in which they are<br />
already well known, and will require no<br />
mention.<br />
<br />
rf<br />
}<br />
|<br />
<br />
4<br />
<br />
en ee ee<br />
<br />
<br />
<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
THE ENGLISHWOMAN’S YEAR-BOOK AND<br />
DIRECTORY, 1914.*<br />
<br />
ee<br />
<br />
- HE Englishwoman’s Year-Book and<br />
Directory” again presents the familiar<br />
mass of valuable information, care-<br />
<br />
fully brought up to date, which has made<br />
it indispensable to all women taking any part<br />
in public or social life; but not without<br />
new additions that are certain to be welcomed.<br />
An entirely new feature is a table of ‘‘ Records<br />
for Women,” showing how “ all along the line,<br />
women are breaking new ground in the pro-<br />
fessions previously supposed to be man’s<br />
exclusive privilege.” Another most valuable<br />
new article is that on “‘ Health Centres and<br />
School Clinics.” We are particularly pleased<br />
with the chapter devoted to literature, and<br />
have seldom seen anywhere better advice than<br />
is given at its commencement under the<br />
heading of ‘‘The Author.”” The book naturally<br />
contains, under other headings, subjects of<br />
which we cannot pretend to judge; but we<br />
may say that, if here also the information and<br />
advice is as excellent as that given respecting<br />
literature, the work may claim to be ideal.<br />
Divided into two parts, educational, profes-<br />
sional and social life; and philanthropic and<br />
social work, the volume deals in turn with all<br />
the activities of women ; whilst its information<br />
is so admirably digested as to make reference<br />
extraordinarily easy.<br />
<br />
tot<br />
<br />
FREE-LANCING.+<br />
<br />
9<br />
<br />
HERE is an insidious, romantic flavour<br />
about the word ‘“ free-lance,’ which is<br />
calculated to attraet the young author<br />
<br />
whom Mr. Percy Vere avowedly writes to help<br />
and encourage (see the cover of this book).<br />
How fast the romance fades is known to nearly<br />
all who set themselves to the task of free-<br />
lancing for a living. Some lucky few there no<br />
doubt are whose talents are of such a kind<br />
that they soon succeed in making a competence<br />
by their hireling profession. But of the rest<br />
it is sad even to think. The writer who<br />
<br />
<br />
<br />
* “The Englishwoman’s Year-Book and Directory,<br />
1914.” Thirty-third year of Issue. London: Adam and<br />
Charles Black.<br />
<br />
+ ‘The Confessions of a Literary Free-Lance,” by Percy<br />
Vere. Edinburgh: Wm. Nimmo & Co, 1s. 6d. net.<br />
<br />
151<br />
<br />
disguises himself under the cheerful pseudonym<br />
now before our eyes would be doing an ill turn<br />
to the “ earnest literary aspirants ’’ to whom<br />
he dedicates his work, were it not that he<br />
admits from the start that his livelihood never<br />
depended on his writings. He was in an office<br />
from the age of fourteen and a half, and his<br />
salary rose steadily ever afterwards. Writing<br />
for the magazines was a pastime, a hobby, to<br />
him. The phrase “born in the purple of<br />
commerce ”’ flashes across our mind, and we<br />
wonder what right he has to~call himself a<br />
literary free-lance. When he turned his office<br />
experiences into magazine articles, he was<br />
perhaps a bit of a condottiere—but surely only<br />
inanamateurish way. How grateful he should<br />
be to his desk !<br />
<br />
Having made this protest, we may admit<br />
readily that Mr. Percy Vere is both entertaining<br />
and instructive in his account of how by<br />
‘“‘ pereyverance’’’ he earned the privilege of<br />
describing himself as contributor to the Strand<br />
Magazine, Royal Magazine, Chambers’s Journal,<br />
etc., etc., and that his hints on the writing of<br />
short stories and articles have their value for<br />
those who yearn to give the public what it<br />
wants. Let the yearners, however, keep their<br />
<br />
feet all the time, like their monitors, under the<br />
desk.<br />
<br />
————_o_xca—_——_<br />
<br />
CORRESPONDENCE.<br />
<br />
+<br />
<br />
A PROTEST.<br />
<br />
Dear Sir,—A book ealled “ Children’s<br />
Stories from English History,”’ purporting to<br />
be by E. Nesbit and Doris Ashley, has been<br />
sent out for review by Messrs. Raphael Tuck<br />
& Sons, and has been reviewed as a new book.<br />
Now I do not know Miss Ashley, and have never<br />
collaborated with her. Those stories, in this<br />
book, which are mine, are very early, immature<br />
stuff, written between twenty and thirty years<br />
ago, and at.that time, unfortunately, sold by<br />
me to Messrs. Raphael Tuck & Sons.<br />
<br />
Authors who part with their copyrights have<br />
to endure the mortification of being unable to<br />
suppress early and unworthy work—and I do<br />
not resent Messrs. Tuck’s continuing to sell<br />
this stuff. It is theirs, and they have a right<br />
to sell it. And it serves me right, for parting<br />
with the copyright. But I think I have just<br />
cause to resent the publication of this early<br />
work—or any other work—in a form which<br />
makes two authors who are strangers to each<br />
other appear to have written a book in col-<br />
<br />
<br />
152<br />
<br />
laboration. Further, it seems to me that the<br />
publication of old stuff, again and again, year<br />
after year, without any announcement or<br />
admission that the work is old, is an outrage<br />
to the press, the public, and the author. That<br />
such work is sent out in a form which offers no<br />
hint of its being a reprint is proved by the<br />
reviews which treat it as new.<br />
Yours faithfully,<br />
E. Nespir BLAnp.<br />
<br />
ta —<br />
<br />
THE WANDERING JEW.<br />
<br />
Str,—In order to forestall one of those<br />
misunderstandings as to priority of theme and<br />
treatment which so frequently arise between<br />
authors, I should like to say that I have<br />
written a play which, like that announced by<br />
Mr. Temple Thurston, deals with the legend<br />
of the Wandering Jew. This play of mine has<br />
been published in Germany some time ago,<br />
and as it is shortly to be translated by Heiman<br />
Scheffauer, I think it expedient to make this<br />
preliminary announcement.<br />
<br />
G. SIL-VARA,<br />
Literary Correspondent of the<br />
** Neue Freie Presse,’’ Vienna.<br />
11, Chester Place,<br />
Regents Park, N.W.<br />
<br />
—_—+—<br />
<br />
** ONLY.”<br />
<br />
Srtr,—Whilst expressing entire agreement<br />
with Mr. Edward Clodd’s protest against the<br />
all too frequent misplacement of “only,” I<br />
should like to point out in reply to Mr. Louis<br />
Zangwill that his contention applies to col-<br />
loquial rather than to literary language, and<br />
that, in the conversational instance he gives,<br />
the “only” can be correctly placed, and at<br />
the same time fulfil his condition of its coming<br />
out at once and making a pretest, by saying,<br />
“Only Saturday I bought it,” or ‘* T'was<br />
‘only on Saturday I bought it.”’<br />
<br />
Surely much may be forgiven in the spoken<br />
‘word which is unpardonable in the written.<br />
<br />
In such discussions as the present, it is<br />
always well to see what the Oxford Dictionary<br />
has to say. This is how it judicially sums up<br />
the matter: ‘‘ Only was formerly often placed<br />
-away from the word or words which it limited ;<br />
this is still frequent in speech where stress and<br />
‘pauses prevent ambiguity, but is now avoided<br />
<br />
THE AUTHOR.<br />
<br />
by perspicuous writers.” Of such placing<br />
the earliest example given is from Caxton,<br />
and is dated 1483.<br />
<br />
With all due respect, the antithesis of living<br />
language and dead formalism with which<br />
Mr. Zangwill concludes his letter is both vague<br />
and irrelevant.<br />
<br />
Yours faithfully,<br />
T. Francis Howe...<br />
<br />
— 1 —<br />
<br />
On Some EpitroriaAL EcCcENTRICITIES.<br />
<br />
Srr,—I am a somewhat elderly person, who<br />
is perhaps approaching his dotage, and one of<br />
my habits (I hope a harmless one) is to spend a<br />
certain amount of my leisure time in writing to<br />
the newspapers. As a rule my letters are<br />
inserted, but the joy that I naturally feel on<br />
such oceasions is frequently diminished by the<br />
fact that the editor has broken up my letter<br />
into paragraphs on an_ irritating system,<br />
entirely of his own devising. The rule, I<br />
understand, is that a new paragraph indicates<br />
a new subject, and this rule I carefully observe<br />
myself in writing, but there are editors who<br />
appear never even to have heard of it, and<br />
their idea of breaking up a letter is to begin a<br />
new paragraph where a break looks well.<br />
Thus, the other day, I wrote a letter of thirty-<br />
six lines to a well-known daily paper, and began<br />
a new paragraph at the twenty-eighth line ;<br />
when the letter was printed the only para-<br />
graph began at the twenty-fourth line. Surely<br />
the person who writes the letter is the best<br />
judge of its form; he, if he is a fairly com-<br />
petent writer, studies the rhythm, and, if I may<br />
so phrase it, the build of his letter, far more<br />
carefully than any editor is likely to have time<br />
to do.<br />
<br />
Another objectionable practice of editors is<br />
to insert a letter, signed perhaps with the<br />
writer’s proper name, with two or three lines of<br />
matter excised at the end or elsewhere. A<br />
curious tale has been told me of an editor who<br />
cut out all the vital part of a writer’s argument,<br />
so that another correspondent with a well-<br />
known name might triumph over him next<br />
day. All this appears to me to prove that<br />
discussion is not so free as it might be, even in<br />
first-class newspapers, and that the editor, by<br />
tampering with letters or suppressing them,<br />
may give the victory in a discussion to anyone<br />
he likes.<br />
<br />
I am, Sir,<br />
Yours truly,<br />
SENEX. | https://historysoa.com/files/original/5/536/1914-02-02-The-Author-24-5.pdf | publications, The Author |