| 542 | http://historysoa.com/items/show/542 | The Author, Vol. 24 Issue 10 (July 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+10+%28July+1914%29"><em>The Author</em>, Vol. 24 Issue 10 (July 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> | 1914-07-01-The-Author-24-10 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | <a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=76&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=1914-07-01">1914-07-01</a> | | | | | | | | | | <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> | 10 | 263–290 | 19140701 | | The Huthbor.<br />
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Notices... S a ee is ne ae ar 268<br />
<br />
The Pension Fund<br />
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Council Meetings<br />
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Committee Notes aa ese<br />
Books published by Members ‘ he<br />
Literary, Dramatic and Musical Notes ...<br />
Paris Notes<br />
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The Criticism of Fiction<br />
Magazine Contents<br />
Warnings to the Producers of Books<br />
<br />
Warnings to Dramatic Authors... ae i<br />
Registration of Scenarios and Original Plays<br />
<br />
(The Organ of the Incorporated Society of Authors, Playwrights and Composers. Monthly.)<br />
Vou. XXIV.—No. 10. vay : oe<br />
<br />
CONTENTS.<br />
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PAGE |<br />
os x Dramatic Authors and Agents<br />
The Society's Funds . | Warnings to Musical Gore covers 553<br />
cs Stamping Music ‘ Bee ie<br />
The Reading Branch .<br />
Remittances as<br />
x Collection Bureau :<br />
General Notes ... se oe ee ues ee ae Be<br />
The Last of the Pre -Raphaclites, Theodore Watts-<br />
Dunton, 1832—1914 Pees oe ee ook ae Bs<br />
United States Notes<br />
Are Novels Too Cheap ?<br />
j Matilde Serao ... og ae se<br />
| Memories of My Youth, 1844—1865<br />
| J. M. Synge oe oe ao<br />
| Correspondence<br />
<br />
Chappell v. Columbia Gramophone Co.<br />
The Sixteenth Congres International de Presse<br />
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How to Use the Society<br />
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The Philosophy of Nietzsche. Christ and the Powers of<br />
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(Member of the Incorporated Society of Authors)<br />
<br />
An Actor of over 25 years experience<br />
in every class of theatre, character<br />
| and play, a producer and author of<br />
| Plays acted in England and America,<br />
and with a thorough knowledge of<br />
<br />
PLAY CONSTRUCTION<br />
AND STAGE CRAFT,<br />
<br />
Draws out Scenarios of<br />
Plays from Novels for<br />
Authors to work upon,<br />
and Advises during the<br />
progress of that work.<br />
<br />
Also undertakes the entire Dramatisation of<br />
Stories and<br />
<br />
GIVES PRACTICAL<br />
ADVICE ON PLAYS.<br />
<br />
NO READING FEE.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
23, Midmoor Road, Wimbledon, 8.W.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
pt.<br />
<br />
<br />
<br />
<br />
<br />
ee ee<br />
<br />
NOTICES.<br />
<br />
—— +--+<br />
<br />
HH: the opinions expressed in papers that<br />
: are signed or initialled the authors alone<br />
<br />
are responsible. None of the papers or<br />
paragraphs must be taken as expressing the<br />
opinion of the Committee unless such is<br />
especially stated to be the case.<br />
<br />
<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 />
motice 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 />
<br />
<br />
ARTICLES AND CONTRIBUTIONS.<br />
<br />
Tur 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. 8.<br />
<br />
Communications and letters are invited by<br />
the Editor on all literary matters treated from<br />
<br />
Vou XXIV.<br />
<br />
<br />
<br />
<br />
<br />
JULY, 1914.]<br />
<br />
1914.<br />
Jan. 7, Ford, Miss May<br />
<br />
Jan. 7, Sephton, J.<br />
Jan. 16, Singer, I. :<br />
Jan. 16, Cooke, Arthur O.<br />
Jan. 23, Exley, Miss M. :<br />
Jan. 26, Sarawak, The Ranee of<br />
Mar. 11, Dowson, Oscar F.<br />
April 8, Stoeving, Paul<br />
April 14, Buckle, Gerard, F.<br />
April 14, Grattan, Harry<br />
April 17, Rubenstein, H. F. .<br />
April 20, Anon. . : : :<br />
April 25, Stacpoole, Mrs. de Vere .<br />
May 1, Miigge, Maximilian A.<br />
May 7, Davies, Miss Mary<br />
<br />
May 8, Simon, Andre L.<br />
<br />
May 8, Deutsch, H. . :<br />
May 9, Campbell, Miss E. Hope<br />
May 12, Lardner, E. G. D.<br />
<br />
May 29, Beesley, George J. .<br />
<br />
19138. Donations.<br />
<br />
Oct. 7, Darwin, Sir Francis . :<br />
Oct. 9, Carroll, Sydney Wentworth<br />
Oct. 21, Troubetzkoy, The Princess<br />
Oct. 27, Frankish, Harold :<br />
Oct. 30, Rosman, Miss Alice Grant<br />
<br />
Nov.<br />
Nov.<br />
Nov.<br />
Nov.<br />
Nov.<br />
Dec.<br />
Dec.<br />
Dec.<br />
Dec.<br />
<br />
8, Holland, Theodore<br />
<br />
8, Steane, Bruce ;:<br />
<br />
3, Batty, Mrs. Braithwaite<br />
10, Elrington, Miss Helen<br />
10, Waterbury, Mrs. . 3<br />
5, Dymock, R. G. Vaughton .<br />
6, Macdonald, Miss Julia<br />
<br />
11, Little, Mrs. Archibald<br />
<br />
11, Topham, Miss Ann .<br />
<br />
Dec. 20, Edwards, Percy J. -<br />
<br />
Dec. 21, Keating, J. Lloyd<br />
<br />
1914.<br />
<br />
Jan. 8, Church, Sir Arthur<br />
<br />
Jan. 5, Anon : .<br />
<br />
Jan. 5, Joseph, L. y<br />
<br />
Jan. 5, Swan, Miss Myra<br />
<br />
Jan. 5, Vernede, R. E. ae<br />
Jan. 6, De Crespigny, Mrs. Champion<br />
Jan. 6, Rankin, Miss F. M. . p<br />
Jan. 7, Sneyd-Kynnesley, E. M.<br />
Jan. 7, Lathbury, Miss Eva .<br />
<br />
Jan. 7, Toplis, Miss Grace<br />
<br />
Jan. 8, Palmer, G. Molyneaux<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, Pullein, Miss Catherine<br />
Jan. 15, Thomas, Mrs. Fanny<br />
Jan. 16, James, Mrs. Romane<br />
<br />
|<br />
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<br />
THE AUTHOR.<br />
<br />
Jan.<br />
Jan.<br />
Jan.<br />
Jan.<br />
Jan.<br />
<br />
19, P. H. and M. K.<br />
19, Greenstreet, W. J. .<br />
19, Gibbs, F. Leonard A. :<br />
23, Campbell, Mrs. L. A. R. .<br />
23, Cameron, Mrs. Charlotte,<br />
F.R.GS. . :<br />
28, Blunt, Reginald i<br />
24, Raphael, Mrs. Mary.<br />
25, Plouman, Miss Mary<br />
30, Gibson, Miss L. S. .<br />
5, Brooker, Lt.-Col. E. P.<br />
6, Buchrose, J. E.<br />
7, Smith, Herbert W.<br />
20, Eden Guy : :<br />
21, Mayne, Miss Ethel<br />
bourn :<br />
21K. : s<br />
25, Aspinall, Algernon<br />
2, Dalziell, J.<br />
2 SFG, . ‘<br />
5, Saies, Mrs. F. H. :<br />
5, Thorne, Mrs. Isabel .<br />
5, Haviland, Miss M. D.<br />
5, Todd, Miss Margaret,<br />
13, Cabourn, John ;<br />
Mar. 20, Fenwick Miss S. F.. :<br />
Mar. 26, Prendergast, Mrs. J. W. .<br />
May 6, Ward, W. J. . ; :<br />
May 7, Crosse, Gordon. : :<br />
May 8, Williamson, Cc. N. and Mrs.<br />
C. N. j ; ; ; '<br />
May 21, Colebroke, Miss H. E.<br />
May 21, Munro, Neil . :<br />
May 21, O'Higgins, Harvey<br />
May 25, Broadbent, D. R.<br />
May 27, Hallam, F. V.<br />
June 6, Blake, Miss Agnes<br />
June 6, Peacock, Mrs. F. M.<br />
June 9, Schleussner, Miss Ellie.<br />
June 10, Jones, Miss Mary Whit-<br />
more : :<br />
June 17, Muir Ward<br />
<br />
SCOSOKH<br />
—_<br />
<br />
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<br />
Jan.<br />
Jan.<br />
Jan.<br />
Jan.<br />
Feb.<br />
Feb.<br />
Feb.<br />
Feb.<br />
Feb.<br />
<br />
CoOrroocoorrFe<br />
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<br />
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<br />
Col-<br />
<br />
Feb.<br />
Feb.<br />
Mar.<br />
Mar.<br />
Mar.<br />
Mar.<br />
Mar.<br />
Mar.<br />
Mar.<br />
<br />
E.<br />
<br />
M.D.<br />
<br />
tt<br />
OL OO S OOH! OV OL OO DO OF<br />
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<br />
—_—____+—> + ______<br />
<br />
COUNCIL MEETINGS.<br />
oe<br />
<br />
T the suggestion of the Composers’<br />
A Committee the Committee of Manage-<br />
ment decided to change the name of the<br />
Society from the Society of Authors (Incor-<br />
porated) to the Incorporated Society of Authors,<br />
<br />
iohts and Composers. :<br />
Pe eraingly) onder the clauses of the Com-<br />
panies Acts, an extraordinary general mecting<br />
<br />
<br />
<br />
<br />
<br />
<br />
266<br />
<br />
of the company was held on May 4, 1914,<br />
when the following resolution was passed :—<br />
<br />
“That the name of the company be changed<br />
to the Incorporated Socicty of Authors, Play-<br />
wrights and Composers.”<br />
<br />
The second mecting necessary to confirm this<br />
resolution was held on Monday, May 25, when<br />
the resolution passed at the previous mecting<br />
was duly confirmed.<br />
<br />
—————__+—~<+>__<br />
<br />
COMMITTEE NOTES.<br />
<br />
— 1 —<br />
<br />
WING to the fact that the first Monday in<br />
June fell on Whit Monday, the June<br />
meeting of the committee was held on<br />
<br />
Monday, May 25, at the Society’s offices.<br />
Twenty-five members and associates were<br />
elected, bringing the total elections for the<br />
current year up to the satisfactory figure of 195.<br />
Three further resignations had to be added to<br />
the list, bringing the total resignations up to<br />
seventy-two.<br />
<br />
The solicitor then put before the committee<br />
the cases he had dealt with during the month.<br />
<br />
In three cases, two against a magazine and a<br />
third for non-payment of theatrical dues, the<br />
solicitor reported that the matters had been<br />
settled by the payment of the debt and costs.<br />
A dispute arising out of non-publication of a<br />
book had now been satisfactorily settled, as<br />
under an order of. the Court the book had been<br />
published and the costs paid. In a case of<br />
dispute between one of the members and a<br />
cinematograph reproducer, the matter had<br />
been settled as far as England was concerned ;<br />
but, as the company’s main business was in<br />
France, the solicitor had made a full statement<br />
which had been forwarded to the lawyer of<br />
the Society in Paris with instructions to take<br />
action if necessary. A question of alleged<br />
infringement of dramatic copyright had been<br />
settled, as the party against whom the com-<br />
plaint was made was able to show that the<br />
member’s rights had not really been tampered<br />
with. The solicitor gave his report in a case<br />
of dispute between a member and a publisher,<br />
and the committee instructed the secretary to<br />
send a statement of the conclusion arrived at<br />
to the publisher and to the member.<br />
<br />
The next point arose out of a question raised<br />
by one of the members as to the acceptance or<br />
non-acceptance of articles sent to reviews.<br />
The solicitor gave his legal opinion, confirming<br />
the view already expressed by the secretary,<br />
and the secretary was instructed to write to<br />
<br />
THE AUTHOR.<br />
<br />
[JULY, 1914.<br />
<br />
the member concerned indicating the line the<br />
committee were willing to adopt in the matter.<br />
<br />
The secretary then reported certain cases he<br />
had been dealing with during the month. A<br />
question relating to copyright infringement in<br />
Canada was adjourned for further information.<br />
The secretary reported that immediate action<br />
had been taken, with the sanction of the chair—<br />
man, in a case arising in the United States<br />
under a dramatic contract. The authority<br />
given by the chairman was confirmed. In<br />
another case of dispute between one of the<br />
members of the Society, which was in the hands.<br />
of the member’s own solicitor, the solicitor<br />
appeared before the committee and explained<br />
the circumstances. The committee indicated<br />
the lines along which, in their view, a possible<br />
settlement might be negotiated. In a case of<br />
infringement in Denmark, which depended:<br />
upon the intricacies of international law, it<br />
was decided to obtain the opinion of the<br />
Society’s Danish lawyer.<br />
<br />
In a dispute respecting a dramatic contract<br />
it was decided to adjourn the matter for<br />
further information.<br />
<br />
It was decided to take up on behalf of the,<br />
member a claim in connection with the pay-<br />
ment of mechanical instrument fees. It was.<br />
decided to request the solicitors of the Society<br />
to make inquiries of a cinematograph firm<br />
respecting the rights of one of the members.<br />
<br />
The committee decided to investigate the<br />
accounts of a company engaged in the market--<br />
ing of a film of one of the members.<br />
<br />
The secretary then laid before the com-<br />
mittee a letter received from the Kinemato-<br />
graph Educational Association, in which the<br />
committee were asked to nominate a repre-<br />
sentative to serve on the council of that body.<br />
Mr. Bernard Shaw was appointed to represent<br />
the Society of Authors, and the committee.<br />
instructed the secretary to communicate<br />
accordingly with the chairman of the associa-<br />
tion.<br />
<br />
Owing to the enormous increase of cinemato-<br />
graph representations, and the importance of.<br />
this new industry to members of the Society,<br />
whether dramatic authors, novelists or other<br />
writers, at the suggestion of the Dramatic.<br />
Sub-Committee the Committee of Management .<br />
agreed to the formation of a separate sub-<br />
committee to deal with cinematograph matters.<br />
It was agreed to invite the Dramatic Sub-<br />
Committee to nominate candidates for the<br />
consideration of the Committec of Management.<br />
<br />
The difficulties which had arisen owing to.<br />
the present situation in Canada in regard to<br />
imperial copyright were mentioned by the<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
JULY, 1914.]<br />
<br />
ssecretary, and it was decided to obtain a<br />
memorandum from counsel setting out, in<br />
detail, the present difficulties and a possible<br />
remedy, which memorandum was to be placed<br />
in the hands of influential parties in Canada to<br />
‘use when occasion should arise.<br />
<br />
The question of foreign lawyers appointed<br />
by the Society to hold powers of attorney was<br />
adjourned.<br />
<br />
An important matter dealing with the forms<br />
of receipts and endorsements on cheques<br />
raised by members of the Society, in regard to<br />
contributions to a well-known weekly journal,<br />
was considered. It was understood that the<br />
-editor would be ready to consider any reason-<br />
able form suggested by the committee, and the<br />
secretary was instructed to refer the matter<br />
to the Society’s solicitors in order that such a<br />
form might be drafted.<br />
<br />
A letter from the secretary of a well-known<br />
publishing house was laid before the com-<br />
mittee, and the secretary of the Society was<br />
instructed to make an appointment to see the<br />
secretary of the publishing house to discuss<br />
matters between that house and the Society.<br />
<br />
A letter from the National Union of Book-<br />
binders was laid before the committee, and the<br />
‘secretary was instructed to reply. In a matter<br />
referring to the advertisements in The Author,<br />
it was decided to instruct the Society’s lawyers.<br />
<br />
a<br />
<br />
Dramatic SuB-COMMITTEE.<br />
<br />
Tur June mecting of the Dramatic Sub-<br />
Committee—the last before the vacation—<br />
was held on the 19th at the offices of the<br />
Society, at three o’clock in the afternoon.<br />
‘The minutes of the previous meeting were<br />
read and signed. The question of agents,<br />
which came up again for discussion, was<br />
adjourned again till the autumn, and the<br />
‘question of the special agency contract was<br />
also adjourned, as the sub-committee was<br />
unable to get through the clauses before the<br />
end of the meeting. The secretary also made<br />
a report in regard to American agents generally.<br />
<br />
The nomination of candidates to serve on the.<br />
<br />
Cinematograph Sub-Committee had been left<br />
by the Committee of Management to the<br />
Dramatic Sub-Committee, and that body agreed<br />
upon a list of possible members. This list will<br />
be submitted to the Committee of Management<br />
in due course. oS :<br />
The question of establishing a special<br />
fighting fund for the fighting of dramatic cases<br />
was, owing to the absence of members of the<br />
<br />
THE AUTHOR.<br />
<br />
<br />
<br />
267<br />
<br />
sub-committee specially interested, adjourned<br />
till the autumn.<br />
<br />
The secretary then laid before the sub-com-<br />
mittee facts referring to the collection of fees<br />
due on an English play produced in Paris,<br />
and the question of the power of attorney<br />
which the Société des Auteurs et Compositeurs<br />
Dramatiques had asked the member to sign<br />
before consenting to pay over the amount<br />
collected. The secretary pointed out that<br />
there were certain circumstances which made<br />
it impossible for the member to sign the power,<br />
and that the French society had refused to pay<br />
over the money due until the power was signed.<br />
The matter was referred to the Committee of<br />
Management with the suggestion that an<br />
official letter should be written to the Société<br />
des Auteurs et Compositeurs Dramatiques.<br />
<br />
The present position of the Managerial<br />
Treaty was considered, and certain steps were<br />
decided upon in order to try and get the matter<br />
through by the autumn. The secretary was<br />
instructed to report to the next meeting. The<br />
consideration of a play production contract<br />
was also adjourned.<br />
<br />
The secretary reported the following cases :<br />
(1) A case of copyright infringement in<br />
Canada. He was instructed to obtain the<br />
fullest information from the Canadian lawyers,<br />
so that, if possible, action should be taken to<br />
stop the general infringement which was<br />
proceeding throughout the Dominion : (2) and<br />
(3) cases of collection of fees which were over-<br />
due. The sub-committee confirmed the sanc-<br />
tion of the chairman which had been giver<br />
during the past month. The chairman was<br />
then granted full powers to act during the<br />
vacation on behalf of the committee in cases<br />
<br />
of urgent necessity.<br />
<br />
1<br />
<br />
Composers’ SUB-COMMITTEE.<br />
<br />
Tur June meeting of the Composers’<br />
Sub-Committee took place at the Society’s<br />
office on Saturday, June 6. After the minutes<br />
of the previous meeting had, been read the<br />
seeretary drew the sub-committee’s attention<br />
to a paragraph that had appeared in one of<br />
the American papers dealing with a combina-<br />
tion which had been formed in America for<br />
the purpose of obtaining satisfactory payment<br />
to composers from performing rights. He<br />
further drew the attention of the sub-committee<br />
to the prospectus of the Performing Rights<br />
Socicty, Ltd., which had been sent to various<br />
members of the Society of Authors, The<br />
<br />
<br />
<br />
<br />
268<br />
<br />
details of the document were very carefully<br />
considered and discussed as, also, a letter<br />
which had been received by some members<br />
of the Society from a publishing firm referring<br />
to the same company. In addition to many<br />
minor points, the chief objection to the new<br />
society was that the composer placed himself<br />
entirely in the society’s hands as to the people<br />
with whom contracts should be made for per-<br />
forming rights, and the amounts to be paid<br />
for these rights. Finally, there was no clear<br />
statement as to the charge that would be made<br />
for collection of the fees. After careful<br />
consideration a course to be taken by the<br />
sub-committee to warn composers was agreed<br />
upon.<br />
<br />
Correspondence which had taken place<br />
between the secretary and a member of a big<br />
publishing firm in regard to some important<br />
points of contract was then read.<br />
<br />
The next question that arose had reference<br />
to accounts.<br />
<br />
The secretary reported that in a case where<br />
a publisher had been sharing mechanical<br />
instrument fees with a composer, the publisher<br />
had deducted the commission charged by his<br />
agents for collection. This deduction the<br />
member had repudiated and the committee<br />
were taking action. It was decided also,<br />
where on the collection of fees indefinite charges<br />
were made for such collection, to investigate<br />
any accounts that should be rendered, so that<br />
the method of collection might be fully<br />
established for the benefit of composers.<br />
<br />
In another case of accounts which came<br />
before the sub-committee, it was decided to<br />
recommend the Committee of Management to<br />
authorise an accountant to investigate the<br />
firm’s books. :<br />
<br />
In a question arising from the use of words<br />
for songs, the sub-committee approved the<br />
action of the secretary acting on behalf of<br />
the authors concerned.<br />
<br />
The secretary then drew the attention of<br />
the sub-committee to the increase in royalties<br />
under clause 19 of the Act, on and after<br />
July 1, 1914, and warned composers of some<br />
of the difficulties that might arise in this<br />
connection.<br />
<br />
The attention of the sub-committee was<br />
drawn also to a case which had been in the<br />
Courts, viz., Chappell v. Columbia Gramo-<br />
phone Co., a report of which appears else-<br />
<br />
where in The Author.<br />
<br />
He also reported that the Society’s name<br />
had now been definitely changed, at the<br />
suggestion of the Composers’ Sub-Committee,<br />
to the Incorporated Society of Authors,<br />
<br />
THE AUTHOR.<br />
<br />
(JULY, 1914.<br />
<br />
<br />
<br />
Playwrights and Composers, and that the<br />
new name would appear on all printed matter<br />
from the Society in future.<br />
<br />
—___—-op-o~e<br />
<br />
Cases.<br />
<br />
—<br />
<br />
Durine the past month the secretary has<br />
dealt with the average number of cases. They<br />
can be catalogued as follows :—<br />
<br />
Return of MSS. : :<br />
Money and accounts ; :<br />
Money . : :<br />
Settlement of contract<br />
Accounts : : : :<br />
<br />
Of the seven claims for the return of MSS.<br />
three have been successful. One of the<br />
remaining four is in the United States, and<br />
therefore will take some further time, and of<br />
the three others two have only recently come<br />
to the office and the last one is in course of<br />
negotiation.<br />
<br />
Of the five claims for money and accounts,<br />
three have been successfully settled and the<br />
money has been handed over to the members.<br />
One of the two that are left is in France and<br />
the other only came into the office just before<br />
going to press.<br />
<br />
Of the two claims for money, one has been<br />
successful and the other has had to be placed<br />
into the hands of the Society’s solicitors. This<br />
latter course has also had to be adopted with<br />
regard to the settlement of contract. The<br />
claim for accounts has only recently come in.<br />
<br />
There are eight cases still remaining over<br />
from last month and of these only two are in<br />
Great Britain and they are both for the return<br />
of MSS. It is impossible to say whether they<br />
will be successfully settled, because, as has<br />
been pointed out in the case of lost MSS.,<br />
the evidence is often deficient. It is not only<br />
necessary to prove that the MSS. came into<br />
the hands of responsible parties in the office,<br />
but also that these parties have dealt with<br />
them negligently.<br />
<br />
There remain six cases; three of these are in<br />
the United States, two being for infringements<br />
of copyright and one for the settlement of a<br />
contract ; two are in South Africa, one a claim<br />
of money and another a question of accounts.<br />
The last case is a question of money and lies.<br />
in France. All the other cases have been closed<br />
up satisfactorily or handed over to the solicitors.<br />
of the Society whose report will appear in &<br />
later number of The Author.<br />
<br />
et pet BO OY<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
JULY, 1914.}<br />
<br />
THE AUTHOR.<br />
<br />
June Elections.<br />
<br />
Allhusen, Mrs. W. H. .<br />
<br />
Aston, Colonel = Sir<br />
George, K.C.B.<br />
<br />
Avery, Miss Anne 4<br />
Beesley, George G. :<br />
Blake, Mrs. R. . :<br />
<br />
Briggs, William, LL.D.,<br />
D.C.L., M.A., B.Sc.<br />
Cockran, Miss B. A.<br />
<br />
Bruen.<br />
<br />
East, Mrs.<br />
. Clayton.<br />
Edghill, Mary. A<br />
<br />
George<br />
<br />
Flemming, Leonard .<br />
<br />
‘Hallam, Frank Vincent<br />
(“ Charles Hessel-<br />
ton ’’)<br />
<br />
Jones, Mary Whitmore<br />
<br />
iKing, Charles :<br />
<br />
Knowles, Miss Joseph-<br />
ine.<br />
Krayl, Stan Harding<br />
<br />
Macdonald, J. Ramsay<br />
McKay, Herbert, B.Sc.<br />
<br />
Manners, Sir William<br />
John, Earl of Dysart<br />
<br />
Mainwaring, Colonel H.<br />
G., F.R.G.S.<br />
<br />
Reeks, H. Caulton ‘<br />
<br />
“Smith, Mrs. Adéle<br />
Crafton<br />
<br />
Smith, Cicely Fox<br />
<br />
‘Smith, Mrs. Elizabeth<br />
Sinclair<br />
<br />
a Zimmern, Alfred KE. .<br />
<br />
15,<br />
Palace<br />
W.<br />
<br />
94, Piccadilly, W.<br />
<br />
Kensington<br />
Gardens,<br />
<br />
Grosvenor<br />
Aldershot.<br />
<br />
96, Stoney Stanton<br />
Road, Coventry.<br />
<br />
129. . Him Park<br />
Mansions, Chelsea,<br />
S.W.<br />
<br />
Owlbrigg,<br />
bridge.<br />
<br />
St. John’s Cottage,<br />
Bovey Tracey,<br />
Devon.<br />
<br />
20, Lower Sloane<br />
Street, S.W.<br />
<br />
Soulby, Clarence<br />
Park, Weston-<br />
super-Mare.<br />
<br />
63, Wellington Road,<br />
N.W.<br />
<br />
55, Adolphus Road,<br />
Finsbury Park, N.<br />
<br />
Road,<br />
<br />
Cam-<br />
<br />
Magdalen Lodge,<br />
Hook Norton.<br />
<br />
36, Golders Way,<br />
Golders Green.<br />
<br />
Via della Scala 1,<br />
Florence, Italy.<br />
8. lincoln's Inn<br />
<br />
Fields, W.C.<br />
<br />
338, Park Parade,<br />
Harlesden, N.W.<br />
Ham House, Rich-<br />
mond, Surrey.<br />
Army & Navy Club,<br />
Pall Mall, S.W.<br />
<br />
Spalding.<br />
Elmhurst, Bradford-<br />
on-Avon.<br />
<br />
54, Harper’s Lane,<br />
Bolton-le-Moors.<br />
Trevone, Ennerdale<br />
Road, Richmond,<br />
<br />
S.W.<br />
14, Great Russell<br />
Mansions, W.C.<br />
<br />
—__———_+->*——___<br />
<br />
<br />
<br />
269<br />
BOOKS PUBLISHED BY MEMBERS.<br />
<br />
<4<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 />
accurate.<br />
<br />
ARCHAZOLOGY.<br />
<br />
AMULETS. Illustrated by the Egyptian Collection in<br />
University College, London. By Wiu1am FLINDERS<br />
Perrin. 124 x 10. 58 pp. text. liv. Plates. Con-<br />
stable. 21s. n.<br />
<br />
ARCHITECTURE.<br />
<br />
SMALL Country Hovsss: their Repair and Enlargement.<br />
By L. Weaver. 114 x 83. xxxii+ 204pp. Country<br />
Life. 15s. n.<br />
<br />
ART.<br />
<br />
THE Sport oF COLLECTING.<br />
81 x 54. 147 pp. Unwin.<br />
<br />
By Sir Martin Conway<br />
5s. ne<br />
<br />
BIOGRAPHY.<br />
Memoriats oF Henry Forses JULIAN.<br />
Institution of Mining and Metallurgy.<br />
edited by his wife, Husrer JunIaAN. 9 X 53.<br />
310 pp. C. Griffin. 6s. n.<br />
<br />
BOOKS OF REFERENCE.<br />
<br />
THE STATESMAN’S YEAR Book, 1914. Edited by J. Scorr<br />
Keitin. 7} x 4%. Ixxix + 1,500 pp. Macmillan.<br />
10s. 6d. n.<br />
<br />
Member of the<br />
Written and<br />
xix +<br />
<br />
DRAMA.<br />
<br />
Tae Maker or Dreams. By O. Down. 5} X 4.<br />
Gowans and Gray. 6d. n.<br />
<br />
Cuartey’s Unciz. A Farcical Comedy in three acts. By<br />
Waurer STEPHENS. 7} x 43. 64 pp. F. Griffiths.<br />
<br />
1s. 6d. n.<br />
FICTION.<br />
By Nem Monro.<br />
<br />
Tue New Roan. 7k x 5. 374 pp<br />
Blackwood. 6s. Z<br />
<br />
Lovers’ Meptinas. By Katuartne TYNAN.<br />
314 pp. Werner Laurie. 6s.<br />
<br />
Freepom. By Attce and CLAUDE ASKEW.<br />
316 pp. Hurst and Blackett. 6s.<br />
<br />
Srmmon Hurtot. By Parricta WENTWORTH.<br />
331 pp. Melrose. 6s.<br />
A SaAMNOEL Innerrrance. By KarHartne Tynan. 7}<br />
% 5. 324 pp. Cassell. 6s.<br />
From AN Istineron WINDow. 3 i<br />
Romance. By M. Bernam-Epwaxps. 72 x 5.<br />
<br />
. Smith Elder. 6s.<br />
Tat SILVER Star. By Marre Connor LEIGHTON. 73x<br />
5. 352pp. Ward, Lock. 638.<br />
THe LIFE a Lena. By W. N. WILLIS. 320<br />
. Long. 1. n.<br />
ous Aury. By M. E. Francis. 6} x 4.<br />
7d. n. ; 8<br />
Pun Stony or AmanpA. By F. R. M. Furspon, 74 Xx<br />
<br />
5. 328 pp. Simpkin, Marshall. 6s.<br />
<br />
7% x 43.<br />
7k x 43.<br />
7k x 42.<br />
<br />
Pages of Reminiscent<br />
307<br />
<br />
7k x 42.<br />
<br />
254 pp. Long.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
270<br />
<br />
FOLKLORE.<br />
Tur LANGUAGE OF THE Nawar or Zurr, THE Nomap<br />
Smirus oF PaLesTINy. By R. A. STEWART MACALISTER’<br />
9% x 6}. xii + 216 pp. Quaritch. 5s.<br />
<br />
LAW.<br />
<br />
Tue Lonpon Burpine Acts,<br />
FESSOR BANISTER FLETCHER.<br />
rer F. Fuercuer and H. P. FLETCHER.<br />
xviii + 697 pp. Batsford. 10s. n.<br />
<br />
LITERARY.<br />
<br />
Love’s Cominc or Acz. By Epwarp CARPENTER. Le<br />
41. 189 pp. Methuen. Is. n.<br />
<br />
A Wak IN Orner Wortps with Dante. By Marian<br />
S, Barnpricce. 8 X 5}. 255 pp. Eight full-page<br />
<br />
1894—1909. By Pro-<br />
Fifth Edition by Banis-<br />
7k Xx 4}.<br />
<br />
illustrations. Kegan Paul, Trench, Tiiibner & Co.,<br />
Ltd. 6s. n. :<br />
MUSIC.<br />
<br />
ORcHESTRATION. By Ceci ForsytH. 9 x 5. 517 pp.<br />
(The Musician’s Library.) Macmillan and Stainer and<br />
Bell. 21s. n. :<br />
<br />
SrortEs FROM WaGNER’S OpERAs. Told by GLapys<br />
Davipson. 7} x 5. 106 pp. Werner Laurie. ls. n.<br />
<br />
PAMPHLETS.<br />
<br />
Roger Bacon. By Sm J. E. Sanpys. (From the Pro-<br />
ceedings of the British Academy. Vol. V1.) Oxford<br />
University Press. 1s. n. 2<br />
<br />
POETRY.<br />
<br />
Berowvutr. A Metrical Translation into Modern English.<br />
By J. R. Crark Hatt. 7} x 5. 114 pp. Cambridge<br />
University Press. 2s. 6d. n.<br />
<br />
Unto tur Hitts. By Dovcias W. FRESHFIELD.<br />
Edward Arnold.<br />
<br />
7 x 44.<br />
<br />
REPRINTS.<br />
<br />
With English Rendering. By<br />
IsraEL GoLtancz. Limited Edition, 550 copies. 8} x<br />
7. 56 pp. Chatto. 6s. n.<br />
<br />
Tue PorricaL WoRKS oF GEORGE CRABBE.<br />
A. J. and R. M. Caruyuzg. 7} x 5.<br />
H. Milford. 1s. 6d. n.<br />
<br />
Tue Sua’s ANTHOLOGY. From the Earliest Times down<br />
to the Middle of the 19th Century. Compiled and<br />
Edited, with Notes, Introduction, and an Appendix, by<br />
J. E. Parrerson. 7X 44. xxxvi+ 383 pp. Heine-<br />
<br />
mann. 25. n.<br />
SOCIOLOGY.<br />
<br />
THE PROBLEM OF THE Nations. A Study in the Causes,<br />
Symptoms, and Effects of Sexual Disease and the<br />
Education of the Individual therein. By A. Corperr-<br />
Smiru, M.A., Oxon., barrister-at-law ; Captain (formerly<br />
R.F.A.); F.R.G.S.; Officier de L’ Instruction Publique ;<br />
Editor of the Journal of State Medicine ; Lecturer in<br />
Public Health Law at the Royal Institute of Public<br />
Health. 9} x 6}. ix+ 107 pp. Bale. Ils. 9d. n.<br />
<br />
SPORT. Be<br />
THE Hovsz on Wueets. By Evizapern SLOAN CuusseEr,<br />
74x 5. 150 pp. Chapmanand Hall. 2s. n.<br />
TRAVEL.<br />
<br />
Tue MAINspringes oF RvsSrA.<br />
. x E . pp. Nelson, 2s.<br />
‘HE REAL ALGERIA. By M.D.Srorr. 83 x 54.<br />
<br />
Hurst and Blackett. "10s. 6d. n. oe<br />
<br />
Boccaccto’s OLYMPIA.<br />
<br />
Edited by<br />
xxii + 600 pp.<br />
<br />
By Maurice Barina. 74<br />
<br />
THE AUTHOR.<br />
<br />
(JULY, 1914<br />
<br />
LITERARY, DRAMATIC, AND MUSICAL<br />
NOTES.<br />
er<br />
HE Oxford edition of ‘‘ The Poetical<br />
Works of George Crabbe” is edited,<br />
<br />
with an introduction, by A. J. and<br />
R. M. Carlyle, who base their text on the<br />
<br />
author’s own edition, except in the case of<br />
<br />
the poems omitted by him and subsequently<br />
reprinted by his son. The only notes are those<br />
made by Crabbe himself (Humphrey Milford,<br />
Oxford University Press).<br />
<br />
“Urto the Hills,’ is the title of a little<br />
book of verse by Mr. Douglas W. Freshfield,<br />
former chairman of the Committee of Manage-<br />
ment. The poems include Sonnets, Rhymes,<br />
and Leviora, the last not the least good, if the<br />
least ambitious, section of the book (Edward<br />
Arnold).<br />
<br />
Mrs. Russell Barrington’s ‘“‘ Life of Walter<br />
Bagehot,” announced in the last issue of these<br />
notes, has now been published by Longmans,<br />
Green & Co. at 12s. 6d. net.<br />
<br />
Mr. Israel Zangwill’s play “ Plaster Saints ”<br />
is now published in book form (Heinemann,<br />
2s. 6d. net).<br />
<br />
Another play which lras just appeared in<br />
book form is Mr. John Galsworthy’s ‘ The<br />
Mob ” (Duckworth, 1s. 6d.).<br />
<br />
Mr. Eden Philpotts’s new novel “The<br />
Judge’s Chair ” appeared last month through<br />
the firm of John Murray.<br />
<br />
Mrs. Hester Julian has written a life of her<br />
husband, under the title of ‘‘ Memorials of<br />
Henry Forbes Julian ” (Charles Griffin & Co.,.<br />
6s.). The late Mr, Julian was one of the victims<br />
of the Titanic disaster. The loss thereby<br />
occasioned to metallurgy is dealt with in an<br />
introduction contributed to the book by Mr.<br />
H. L. Sulman, President of the Institution of<br />
Mining and Metallurgy.<br />
<br />
“The Problem of the Nations ” is the name<br />
of a book by Mr. A. Corbett-Smith, M.A.,<br />
F.R.G.S., on the effect of sexual disease on.<br />
national life (John Bale, Sons & Danielsson,<br />
1s. 6d.).<br />
<br />
Mr. Cecil Forsyth contributes to the<br />
Musician’s Library a book upon “ Orchestra-<br />
tion,” which is published by Macmillan & Co,<br />
and Stainer & Bell at one guinea net.<br />
<br />
Miss M. Betham-Edwards has brought out<br />
“From an Islington Window,” described in<br />
the sub-title as ‘“‘ pages of reminiscent<br />
romance ” (Smith, Elder & Co., 6s.).<br />
<br />
The correct title of Mrs. Annette S.<br />
Beveridge’s book is ‘“‘ Baburnima, or Memories<br />
of Babur, a new translation made from the<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
JULY, 1914.]<br />
<br />
original Turki text,’ fasciculus 5<br />
section (Luzac & Co.). 7 oe<br />
<br />
Mr. Gilbert Coleridge has an article upon<br />
“* Sir Thomas Browne ” in the current number<br />
of the Fortnightly Review.<br />
<br />
A Chinese version of Leiut.-Colonel W. H.<br />
Turton’s work, “ The Truth of Christianity,” is<br />
about to be published in Shanghai by the<br />
Christian Literature Society for China. A<br />
Japanese version appeared some years ago.<br />
<br />
Mrs. Ellis Chadwick’s recent book, ‘‘ In the<br />
Footsteps of the Brontes,” is to be published<br />
in the United States by Brentano.<br />
<br />
Miss Bainbrigge’s book, ‘‘ A Walk in other<br />
Worlds with Dante,” is written specially for<br />
those who think the Divina Commedia is too<br />
deep for them, and yet desire to know more<br />
about it without long and deep study (Kegan<br />
Paul, Trench, Tribner & Co., 6s. net).<br />
<br />
**A Saunter through Kent with Pen and<br />
Pencil,” by Mr. Charles Igglesden, has now<br />
reached its cleventh volume, and describes<br />
Nettlestead, Whitstable, Seasalter, Swalecliffe,<br />
Graveney, Monks Horton, and Harrietsham<br />
(Kentish Eapress Office, 2s. 6d.).<br />
<br />
In “Caravan Days” Mr. Bertram Smith<br />
records the continuance of his devotion to<br />
caravanning after sixteen years’ experience<br />
of it (Nisbet & Co., 5s. net).<br />
<br />
‘* Love’s Responsibilities ” is a book of essays<br />
by Mrs. Stuart Menzies upon “‘ the most cruel,<br />
the most tragic, the most vengeful of life’s<br />
problems, that of sex ” (Holden and Harding-<br />
ham, 6s.).<br />
<br />
“ Justice of the Peace” is a novel by Mr.<br />
Frederick Niven, in which he has attempted to<br />
give a family history without making the book<br />
as long as Gibbon’s “‘ Decline and Fall ”’—as<br />
he tells us in his preface (Eveleigh Nash).<br />
<br />
Mr. S. Sproston has published, through the<br />
Year Book Press, ‘The Pudding made of<br />
Plum: a Tragic-Comedy for Children,” “* Mid-<br />
summer Fairies: a Fantastic Sketch,” and<br />
“The Sword in the Stone: a Legend ”?__the<br />
two first 6d. each ; the last-named 9d. net.<br />
<br />
Miss Amy M'‘Laren’s novel, “ The Yoke of<br />
Silence,” which has already appeared in both<br />
serial and book form, is to be published early<br />
this month by Messrs. Collins. .<br />
<br />
Derek Vane’s new novel, ‘“‘ Lady Varley,<br />
will be published by Stanley Paul & Co. early<br />
in August. It is a character study of two men<br />
and two women brought together in a lonely<br />
country house by the mysterious death of<br />
another man in a London flat. a<br />
<br />
Mr. Archibald Marshall’s “ Exton Hall 1s<br />
now in its fourth edition. The same author's<br />
new novel is ‘‘ Roding Rectory” (Stanley Paul).<br />
<br />
THE AUTHOR.<br />
<br />
<br />
<br />
271<br />
<br />
_ Mr. Henry Bruce has a new novel of Eurasian<br />
<br />
life, entitled “The Residency.” The<br />
publishers are John Long, Ltd.<br />
<br />
Mrs. Bell, who writes under the name of<br />
John Travers, is publishing her third novel<br />
of Anglo-Indian life through Duckworth & Co.<br />
<br />
Miss Helen C. Roberts makes the hero of her<br />
novel, ‘‘ A Free Hand,” a dentist—though he<br />
does not remain a dentist to the end (Duck-<br />
worth). {<br />
<br />
M. Georges Bazle has translated into French<br />
Mrs. Irene Osgood’s ‘‘ Where Pharaoh Dreams,”<br />
and the translation has been published in the<br />
Comedia, Paris, together with a biographical<br />
sketch of the author. A copy of “ Where<br />
Pharaoh Dreams” has been accepted by His<br />
Highness the Khedive. ®<br />
<br />
“A Fallen Star,” a sketch by Mrs. Herbert<br />
Cohen, appeared in the June number of the<br />
Magpie.<br />
<br />
Mr. Harry Wynne’s poem, “ The Plumber,”<br />
recently published in book form, with other<br />
recitations, by Joseph Williams, Ltd., has been<br />
recorded on the Columbia and Pathé gramo-<br />
phones by Mr. Bransby Williams.<br />
<br />
‘“‘ Karth with Her Bars: and other Poems ”<br />
is the title of a book of verse by Miss Edith<br />
Dart, some of which has already been seen in<br />
the Westminster Gazette, Pall Mall Gazette, etc.<br />
(Longmans, Green & Co., 1s. paper covers, 2s.<br />
cloth).<br />
<br />
DRAMATIC.<br />
<br />
“Dido and Aeneas,” a four-act tragedy by<br />
A. von Herder (Mrs. Grantham-Williams) was<br />
presented for the first time by the Drama.<br />
Society at the Ambassador’s Theatre on<br />
May 26.<br />
<br />
On June 11 Mr. Israel Zangwill’s one-act<br />
play ‘“‘ Six Persons,” originally seen at the<br />
Haymarket eleven years ago, was revived, to<br />
precede Mr. Zangwill’s “ Plaster Saints<br />
at the Comedy Theatre.<br />
<br />
On June 16 “A Scrap of Paper,” a new<br />
adaptation by Mr. F rederick Fenn of the well-<br />
known “ Pattes de Mouche,” was seen at the<br />
<br />
iterion Theatre.<br />
“os June 17 “ Driven,” Mr. E. Temple<br />
Thurston’s new play, was seen for the first<br />
time at the Haymarket Theatre.<br />
<br />
Mr. EH. V. Esmond has arranged for an exten-<br />
sion of his season with ‘‘ The Dangerous Age<br />
at the Vaudeville Theatre.<br />
<br />
Mr. Bernard Shaw’s “ Pygmalion ” was:<br />
performed for the seventy-fifth time at His.<br />
<br />
‘esty’s Theatre on June 15. :<br />
o Fons 97 “The Heritage of Hate” Mr.<br />
of the novel<br />
<br />
Arthur Shirley’s dramatic version<br />
<br />
<br />
<br />
<br />
272<br />
<br />
by Mr. Charles Garvice, was put on at the<br />
Aldwych Theatre.<br />
<br />
Sir James Barrie has a new play, which is to<br />
be produced in London by Mr. Granville<br />
Barker and in the United States by Mr.<br />
Charles Frohman.<br />
<br />
The German translation rights of Mr. Henry<br />
Arthur Jones’s plays, ‘‘ The Liars,” “‘ The Silver<br />
King,” ‘‘ Mrs. Dane’s Defence,” and ‘‘ Michael<br />
and his Lost Angel,’? have been granted by the<br />
author to Dr. Max Meyerfeld.<br />
<br />
MUSICAL.<br />
<br />
Two songs from the masque “‘ Love and the<br />
Dryad,”’ by Agnes H. Lambert, entitled “ The<br />
Flower Song” and ‘‘ My Ladye’s Singing.”<br />
have been just published separately by Boosey<br />
& Co. The former song (which has the flute<br />
accompaniment attached) is that which was<br />
sung by Miss Evangeline Florence when the<br />
masque was produced in April, 1913, at the<br />
King’s Hall Theatre, Covent Garden. :<br />
<br />
“The Halo: the Story of a Chelsea Studio ”<br />
is the title of a new musical monologue which<br />
Reynolds & Co., are publishing. The poem<br />
is written by Mr. Harry Wynne and the musical<br />
setting is by Mr. Cuthbert Clarke. Bransby<br />
Williams and other well-known reciters are<br />
performing the number.<br />
<br />
“‘OQur Red Cross Nurses,” words by T. A.<br />
Bennett, and music by J. W. Bampfylde, is a<br />
patriotic song published by the Walsingham<br />
Voluntary Aid Detachment. Copies may be<br />
obtained (post free) from the commandant,<br />
Miss Violet Parry Okeden, Walsingham Abbey,<br />
Norfolk. MS. band parts may be hired.<br />
<br />
+><br />
<br />
PARIS NOTES.<br />
<br />
ee<br />
12 a French literary paper published in<br />
Paris last month, a short article is<br />
devoted to the memory of the late Mr.<br />
Marston of the firm of Sampson, Low, Marston<br />
& Co. The writer reminds his readers that<br />
after the reverses of 1870 Mr. Marston was one<br />
of those who appealed to the English book-<br />
sellers in favour of their French colleagues.<br />
A sum of 24,574 franes was sent over from<br />
England, and provisions were distributed<br />
among the Parisian booksellers. In 1896,<br />
when the first International Congress of Pub-<br />
lishers took place, Mr. Marston was one of the<br />
vice-presidents. The article concludes with a<br />
message of sympathy to the family of Mr.<br />
Marston.<br />
_“Le Baptéme de Pauline Ardel” is the<br />
title of the third novel by Emile Baumann.<br />
<br />
THE AUTHOR.<br />
<br />
[JULY, 1914.<br />
<br />
‘““L’Immolé,” the first novel by this writer,<br />
had great success, and was followed soon after-<br />
wards by ‘‘ La Fosse aux Lions.”” The author<br />
gives us in this third story a psychological<br />
study of a girl brought up by a father who is a<br />
free-thinker. Her greatest friends are ex-<br />
tremely religious people and the man who wins<br />
her love a staunch Catholic. With this theme<br />
the author has written an excellent book,<br />
extremely human, with characters well defined<br />
and very living.<br />
<br />
“La Flamme”’ is the title of Paul Mar-<br />
gueritte’s new novel.<br />
<br />
“Les Tétes baissées,”’ by Cyril Berger, is the<br />
volume which has been chosen for the annual<br />
prize awarded by the Committee of the paper<br />
entitled La Vie heureuse.<br />
<br />
‘*La Maison sur la Rive ”<br />
by André Lafon, whose former volume<br />
“L’Eléve Gilles’? won for its author the<br />
Grand Prix of the French Academy in 1912.<br />
<br />
** Alaric,” by Jacques de Morgan, is, like<br />
George Gissing’s ‘‘ Veranilda,’’a novel based on<br />
the historical episodes of the fall of Rome.<br />
<br />
‘*Napoléon délivré,”’ by Albéric Cahuet,<br />
tells us, among other things, of the funeral<br />
of Napoleon, the coup de thédtre of 1840. It<br />
is the reconstitution of an epoch well told by<br />
the author of ‘‘ Aprés la mort de l’Empéreur.”<br />
<br />
“Au jeune Royaume d’Albanie’”’ (ce qu’il<br />
a été=ce qu'il est), by G. L. Jaray, one of the<br />
few Europeans knowing this country and<br />
able to explain to us clearly the problems<br />
and difficulties of the new kingdom.<br />
<br />
‘** Paris sous Louis XV.,’”’ by Camille Piton.<br />
This writer has given us some curious volumes<br />
on various historical subjects. In this book<br />
we have a number of reports by the king’s<br />
police inspectors, showing the manners and<br />
customs of the times. This volume is the<br />
fifth of the series, and is carefuily annotated<br />
by the author.<br />
<br />
‘“‘ A travers Shakespeare ” is the title of a<br />
volume containing a series of lectures given<br />
during the past season by Jean Richepin at the<br />
university of Les Annales.<br />
<br />
‘** Dans le Cloaque ”’ is the title of the latest<br />
volume by Maurice Barrés.<br />
<br />
A book, entitled ‘“‘La Politique de la<br />
Prévoyance Sociale,’’ by Léon Bourgeois, will<br />
be read with interest. The first volume treats<br />
of ‘‘ La Doctrine et la Methode.”<br />
<br />
In a volume entitled ‘‘ Maitres d’hier et<br />
daujourd’hui,” Roger Marx tells us much<br />
that is interesting about Les Goncourt et<br />
VArt, J. K. Huysmans, Anatole France,<br />
Daniel Vierge, Jean-Francois Millet, Hugéne<br />
Carriére, Jongkind, Puvis de Chavannes,<br />
<br />
is another novel<br />
<br />
<br />
<br />
<br />
JULY, 1914.]<br />
<br />
Constantin Guys, Degas,<br />
Théodore Chassériau,<br />
Claude Monet.<br />
<br />
** Vieux dossiers, petits papiers,’’ by the<br />
Marquis de Ségur, is now in its fifth edition.<br />
<br />
La Transmission télégraphique des Images<br />
et des Photographies,” by Jacques Boyer,<br />
gives us information and illustrations concern-<br />
ing this new miracle of science.<br />
<br />
In “ La Route del’Orient,” by Noelle Roger,<br />
we have a chapter entitled ‘‘ Premier contact<br />
avec l’A4me turque”’; and others on Bosnia,<br />
on Roumania and Constantinople. The<br />
volume is illustrated from photographs belong-<br />
ing to the author.<br />
<br />
‘“* Comment conserver sa santé” is the title<br />
of an excellent book by Dr. Toulouse, who has<br />
also written ‘‘ Comment former un esprit”<br />
and ‘‘ Comment se condiure dans la vic.”<br />
<br />
The play ‘Les Affranchis,” by Marie<br />
Lénéru, has obtained the Emile Augier prize,<br />
as the best play produced within the last three<br />
years.<br />
<br />
“Ce quil faut taire,” the play by Arthur<br />
Meyer, editor of the Gaulois, is now published.<br />
It was produced quite recently, and M. Meyer<br />
has explained in several newspapers his reasons<br />
for writing it. M. Adolphe Brisson has<br />
written the preface. :<br />
<br />
Shakespeare has been very much in favour<br />
during the past month. “ Twelfth Night ”<br />
had been produced in French and it was<br />
so well received that it was impossible to book a<br />
place the last three evenings. It has also been<br />
played in English under the direction of Mr.<br />
Philip Carr, with Mr. Ben Field and Miss<br />
Cathleen Nesbitt. The general opinion was<br />
that it was as near as possible to perfection.<br />
The ensemble was excellent and the whole<br />
performance a remarkable success. At the<br />
Frangais, ‘‘ Macbeth ” has been given in an<br />
adaptation by Jean Richepin.<br />
<br />
ee *<br />
<br />
Auguste Rodin,<br />
Auguste Renoir and<br />
<br />
<br />
<br />
‘‘ Le Baptéme de Pauline Ardel”” (Granet).<br />
<br />
“La Flamme ” (Flammarion).<br />
<br />
“Leg Tétes baissées ” (Ollendorff).<br />
<br />
‘La Maison sur la Rive” (Perrin).<br />
<br />
“ Alaric ” (Plon).<br />
<br />
Napoléon délivré” (Emile Paul).<br />
<br />
“ Au jeune Royaume d’Albanie (Hachette).<br />
<br />
¢ Paris sous Louis XV.” (Mercure de France).<br />
<br />
“A travers Shakespeare” (Fayard).<br />
<br />
« Dans le Cloaque” (Emile Paul). — . .<br />
. “Ta Politique de la Prévoyance Sociale (Fasquel e).<br />
<br />
“ Maitres d’hier et d’aujourd’hui ” (Calmann Lévy).<br />
<br />
“ Vieux dossiers, petits papiers ” (Calmann Lévy). _.<br />
<br />
“La Transmission télégraphique des Images et des<br />
Photographies ” (Mendel). :<br />
<br />
«a Route de l’Orient” (Perrin).<br />
<br />
Comment conserver sa santé” (Hachette).<br />
<br />
“ Ce quil faut taire » (Plon).<br />
<br />
THE AUTHOR.<br />
<br />
<br />
<br />
273<br />
CHAPPELL v. COLUMBIA GRAMOPHONE CoO.<br />
<br />
—_-——+—__<br />
<br />
A CASE of some interest to composers and<br />
ae to copyright owners of musical works<br />
_ 2 wae heard recently before Mr. Justice<br />
Neville, in the Chancery Division, when Messrs.<br />
Chappell & Co. applied for an injunction to<br />
restrain the defendants, the Columbia Gramo-<br />
phone Co. from infringing the copyright of a<br />
song by Mr. Herman Lohr of which they, the<br />
plaintiffs, were the copyright holders.<br />
<br />
The circumstances were that the defendant<br />
company had made a contrivance by means of<br />
which the composition might be mechanically<br />
reproduced. It was admitted by the plaintiffs<br />
that the defendants were perfectly entitled to<br />
do this as they had given the requisite notice<br />
and complied with all the conditions laid down<br />
in the Board of Trade Regulations issued under<br />
section 19 of the Copyright Act, 1911. But it<br />
was submitted for the plaintiffs that the<br />
defendants had gone beyond their powers, in-<br />
asmuch as they had made a manuscript<br />
orchestral accompaniment of the song, and<br />
that this was a clear infringement of the<br />
plaintiffs’ rights.<br />
<br />
On behalf of the defendants it was submitted<br />
that what they had done was reasonably<br />
necessary for the manufacture of their record<br />
and was not an infringement of the copyright<br />
of the plaintiffs.<br />
<br />
Mr. Justice Neville, in giving judgment for<br />
the plaintiffs, held that what the defendants<br />
had done was an infringement of the copyright<br />
of the plaintiffs, and that it was immaterial for<br />
what purpose the copy may have been made.<br />
Therefore, there must be judgment for the<br />
plaintiffs, with the costs of the action.<br />
<br />
———__+- <><br />
<br />
THE CRITICISM OF FICTION.<br />
<br />
i<br />
<br />
By One or THE YouNGER NOVELISTS.<br />
URELY no earnest worker in the profes-<br />
sion of letters should miss the way,<br />
recently opened by Mr. Henry, James<br />
in the Literary Supplement of the Times, to<br />
claim more competent and wider criticism of<br />
fiction. The obviousness of our need is un-<br />
doubtedly crying. That branch of the literary<br />
art which, either from the public’s surfeit, or<br />
the reviewers’ weariness, OF the publishers<br />
instinct of self-preservation, has been reduced<br />
from what was once a respectable calling to the<br />
<br />
level of a prize-fight, deserves fairer play.<br />
Obviously what we all require 18 a critic like<br />
Francisque Sarcey, who criticised his French<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
272<br />
<br />
by Mr. Charles Garvice, was put on at the<br />
Aldwych Theatre. : a<br />
<br />
Sir James Barrie has a new play, which 1s to<br />
be produced in London by Mr. Granville<br />
Barker and in the United States by Mr.<br />
Charles Frohman.<br />
<br />
The German translation rights of Mr. Henry<br />
Arthur Jones’s plays, “‘ The Liars,” ‘* The Silver<br />
King,” “ Mrs. Dane’s Defence,” and ‘‘ Michael<br />
and his Lost Angel,” have been granted by the<br />
author to Dr. Max Meyerfeld.<br />
<br />
MUSICAL.<br />
<br />
Two songs from the masque “ Love and the<br />
Dryad,” by Agnes H. Lambert, entitled “ The<br />
Flower Song” and ‘“‘ My Ladye’s Singing.”<br />
have been just published separately by Boosey<br />
& Co. The former song (which has the flute<br />
accompaniment attached) is that which was<br />
sung by Miss Evangeline Florence when the<br />
masque was produced in April, 1913, at the<br />
King’s Hall Theatre, Covent Garden. :<br />
<br />
“The Halo: the Story of a Chelsea Studio ”<br />
is the title of a new musical monologue which<br />
Reynolds & Co., are publishing. ‘The poem<br />
is written by Mr. Harry Wynne and the musical<br />
setting is by Mr. Cuthbert Clarke. Bransby<br />
Williams and other well-known reciters are<br />
performing the number.<br />
<br />
“Our Red Cross Nurses,’’ words by T. A.<br />
Bennett, and music by J. W. Bampfylde, is a<br />
patriotic song published by the Walsingham<br />
Voluntary Aid Detachment. Copies may be<br />
obtained (post free) from the commandant,<br />
Miss Violet Parry Okeden, Walsingham Abbey,<br />
Norfolk. MS. band parts may be hired.<br />
<br />
Oe<br />
<br />
PARIS NOTES.<br />
<br />
A<br />
oe a French literary paper published in<br />
Paris last month, a short article is<br />
devoted to the memory of the late Mr.<br />
Marston of the firm of Sampson, Low, Marston<br />
& Co. The writer reminds his readers that<br />
after the reverses of 1870 Mr. Marston was one<br />
of those who appealed to the English book-<br />
sellers in favour of their French colleagues.<br />
A sum of 24,574 frances was sent over from<br />
England, and provisions were distributed<br />
among the Parisian booksellers. In 1896,<br />
when the first International Congress of Pub-<br />
lishers took place, Mr. Marston was one of the<br />
vice-presidents. The article concludes with a<br />
message of sympathy to the family of Mr.<br />
Marston.<br />
“Le Baptéme de Pauline Ardel’’ is the<br />
title of the third novel by Emile Baumann.<br />
<br />
THE AUTHOR.<br />
<br />
[JULY, 1914.<br />
<br />
““L’Immolé,” the first novel by this writer,<br />
had great success, and was followed soon after-<br />
wards by ‘‘ La Fosse aux Lions.’”? The author<br />
gives us in this third story a psychological<br />
study of a girl brought up by a father who is a<br />
free-thinker. Her greatest friends are ex-<br />
tremely religious people and the man who wins<br />
her love a staunch Catholic. With this theme<br />
the author has written an excellent book,<br />
extremely human, with characters well defined<br />
and very living.<br />
<br />
“La Flamme”’ is the title of Paul Mar-<br />
gueritte’s new novel.<br />
<br />
“Les Tétes baissées,” by Cyril Berger, is the<br />
volume which has been chosen for the annual<br />
prize awarded by the Committee of the paper<br />
entitled La Vie heureuse.<br />
<br />
‘*La Maison sur la Rive ”’ is another novel<br />
by André Lafon, whose former volume<br />
‘“L’Eléve Gilles’? won for its author the<br />
Grand Prix of the French Academy in 1912.<br />
<br />
** Alaric,”” by Jacques de Morgan, is, like<br />
George Gissing’s ‘‘ Veranilda,’’a novel based on<br />
the historical episodes of the fall of Rome.<br />
<br />
‘*Napoléon délivré,” by Albéric Cahuet,<br />
tells us, among other things, of the funeral<br />
of Napoleon, the coup de thédtre of 1840. It<br />
is the reconstitution of an epoch well told by<br />
the author of ‘‘ Aprés la mort de ’ Empéreur.”’<br />
<br />
‘**Au jeune Royaume d’Albanie”’ (ce qu’il<br />
a été=ce qu’il est), by G. L. Jaray, one of the<br />
few Europeans knowing this country and<br />
able to explain to us clearly the problems<br />
and difficulties of the new kingdom.<br />
<br />
‘* Paris sous Louis XV.,”’ by Camille Piton.<br />
This writer has given us some curious volumes<br />
on various historical subjects. In this book<br />
we have a number of reports by the king’s<br />
police inspectors, showing the manners and<br />
customs of the times. This volume is the<br />
fifth of the series, and is carefully annotated<br />
by the author.<br />
<br />
‘** A travers Shakespeare ”’ is the title of a<br />
volume containing a series of lectures given<br />
during the past season by Jean Richepin at the<br />
university of Les Annales.<br />
<br />
‘** Dans le Cloaque ”’ is the title of the latest<br />
volume by Maurice Barrés.<br />
<br />
A book, entitled “La Politique de la<br />
Prévoyance Sociale,’’ by Léon Bourgeois, will<br />
be read with interest. The first volume treats<br />
of ‘‘ La Doctrine et la Methode.”’<br />
<br />
In a volume entitled ‘‘ Maitres d’hier et<br />
d’aujourd’hui,” Roger Marx tells us much<br />
that is interesting about Les Goncourt et<br />
lYArt, J. K. Huysmans, Anatole France,<br />
Daniel Vierge, Jean-Francois Millet, Eugéne<br />
Carriére, Jongkind, Puvis de Chavannes,<br />
<br />
><br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
JULY, 1914.]<br />
<br />
Constantin Guys, Degas, Auguste Rodin,<br />
Théodore Chassériau, Auguste Renoir and<br />
Claude Monet.<br />
<br />
** Vieux dossiers, petits papiers,” by the<br />
Marquis de Ségur, is now in its fifth edition.<br />
<br />
La Transmission télégraphique des Images<br />
et des Photographies,” by Jacques Boyer,<br />
gives us information and illustrations concern-<br />
ing this new miracle of science.<br />
<br />
In ‘‘ La Route del’Orient,” by Noélle Roger,<br />
we have a chapter entitled ‘‘ Premier contact<br />
avec l’Ame turque’’; and others on Bosnia,<br />
on Roumania and _ Constantinople. ihe<br />
volume is illustrated from photographs belong-<br />
ing to the author.<br />
<br />
‘** Comment conserver sa santé” is the title<br />
of an excellent book by Dr. Toulouse, who has<br />
also written ‘‘Comment former un esprit ”<br />
and ‘“‘ Comment se condiure dans la vic.”<br />
<br />
The play ‘Les Affranchis,” by Marie<br />
Lénéru, has obtained the Emile Augier prize,<br />
as the best play produced within the last three<br />
years.<br />
<br />
“Ce quil faut taire,” the play by Arthur<br />
Meyer, editor of the Gaulois, is now published.<br />
It was produced quite recently, and M. Meyer<br />
has explained in several newspapers his reasons<br />
for writing it. M. Adolphe Brisson has<br />
written the preface. :<br />
<br />
Shakespeare has been very much in favour<br />
during the past month. “ Twelfth Night ”<br />
had been produced in French and it was<br />
so well received that it was impossible to book a<br />
place the last three evenings. It has also been<br />
played in English under the direction of Mr.<br />
Philip Carr, with Mr. Ben Field and Miss<br />
Cathleen Nesbitt. The general opinion was<br />
that it was as near as possible to perfection.<br />
The ensemble was excellent and the whole<br />
performance a remarkable success. At the<br />
Francais, ‘‘ Macbeth ” has been given in an<br />
adaptation by Jean Richepin.<br />
<br />
ee<br />
<br />
<br />
<br />
<br />
<br />
“ Le Baptéme de Pauline Ardel” (Granet).<br />
“La Flamme ” (Flammarion).<br />
‘Les Tétes baissées ” (Ollendorff).<br />
‘La Maison sur la Rive” (Perrin).<br />
“ Alaric ” (Plon).<br />
“ Napoléon délivré” (Emile Paul).<br />
“ An jeune Royaume d’Albanie (Hachette).<br />
Paris sous Louis XV.” (Mercure de France).<br />
“A travers rT cy<br />
Hf 3 le Gloaque’’ (Emile Paul).<br />
ff © tiieore ae la oe Sociale ” (Fasquelle).<br />
“ Maitres d’hier et @aujourd’hui ” (Calmann Lévy).<br />
“Vieux dossiers, petits papiers » (Calmann Lévy). Ss<br />
“La Transmission télégraphique des Images et des<br />
Photographies ” (Mendel). :<br />
«La Route de l’Orient” (Perrin).<br />
« Comment conserver sa santé » (Hachette).<br />
“ Ce quil faut taire ” (Plon).<br />
<br />
THE AUTHOR.<br />
<br />
<br />
<br />
273<br />
CHAPPELL v. COLUMBIA GRAMOPHONE Co.<br />
<br />
<br />
<br />
\ CASE of some interest to composers and<br />
Zd to copyright owners of musical works<br />
Was heard recently before Mr. Justice<br />
Neville, in the Chancery Division, when Messrs.<br />
Chappell & Co. applied for an injunction to<br />
restrain the defendants, the Columbia Gramo-<br />
phone Co. from infringing the copyright of a<br />
song by Mr. Herman Léhr of which they, the<br />
plaintiffs, were the copyright holders,<br />
<br />
The circumstances were that the defendant<br />
company had made a contrivance by means of<br />
which the composition might be mechanically<br />
reproduced. It was admitted by the plaintiffs<br />
that the defendants were perfectly entitled to<br />
do this as they had given the requisite notice<br />
and complied with all the conditions laid down<br />
in the Board of Trade Regulations issued under<br />
section 19 of the Copyright Act, 1911. But it<br />
was submitted for the plaintiffs that the<br />
defendants had gone beyond their powers, in-<br />
asmuch as they had made a manuscript<br />
orchestral accompaniment of the song, and<br />
that this was a clear infringement of the<br />
plaintiffs’ rights.<br />
<br />
On behalf of the defendants it was submitted<br />
that what they had done was reasonably<br />
necessary for the manufacture of their record<br />
and was not an infringement of the copyright<br />
of the plaintiffs.<br />
<br />
Mr. Justice Neville, in giving judgment for<br />
the plaintiffs, held that what the defendants<br />
had done was an infringement of the copyright<br />
of the plaintiffs, and that it was immaterial for<br />
what purpose the copy may have been made.<br />
Therefore, there must be judgment for the<br />
plaintiffs, with the costs of the action.<br />
<br />
————_ <> __———_<br />
<br />
THE CRITICISM OF FICTION.<br />
<br />
———<br />
By One or THE YounGeR NoveLisTs.<br />
<br />
URELY no earnest worker in the profes-<br />
S sion of letters should miss the way,<br />
recently opened by Mr. Henry James<br />
in the Literary Supplement of the Times, to<br />
claim more competent and wider criticism of<br />
fiction. The obviousness of our need is un-<br />
doubtedly crying. That branch of the literary<br />
art which, either from the public’s surfeit, or<br />
the reviewers’ weariness, or the publishers<br />
instinct of self-preservation, has been reduced<br />
from what was once a respectable calling to the<br />
level of a prize-fight, deserves fairer play. |<br />
Obviously what we all require 1s a critic like<br />
Francisque Sarcey, who criticised his French<br />
<br />
<br />
<br />
<br />
<br />
<br />
274<br />
<br />
drama not as a duty but a privilege, and let<br />
himself remain impoverished thereby if only<br />
to prove his honesty of intention ; or a critic<br />
with a given standard and a literary conscience<br />
like Ferdinant Brunetiére ; or one like Jules<br />
Lemaitre who, not content alone with pub-<br />
lishing his own novels, essays, and plays,<br />
followed it up by criticising them himself in the<br />
famous Edition Rose of the Journal des Debats.<br />
<br />
Those were critics, critics not averse but<br />
eager to be critics in order to demonstrate their<br />
unique—alas ! why should it be “ unique ?- o—<br />
capacity for identity of impression learned<br />
through genuine reverence for as well as apti-<br />
tude in Letters as an Art !<br />
<br />
The average English or American reviewer,<br />
to those of us who are the helpless occasional<br />
victims of his prowess (?), appears to be a<br />
mixture of stale office-boy and languid clerk<br />
underpaid to ‘skim trash,’”’—a résumé of<br />
which he gets printed when it is “ sparkling,”’<br />
but never if itis “longwinded.”’ For space, we<br />
infer, is not to be procured in the literary<br />
columns of the modern newspaper for serious<br />
criticism of “‘ the ephemeral literature of the<br />
day.” So he “turns out” only what has<br />
“gripped” him in that “smart” cheap<br />
style of his contemporaries, which slights all<br />
but the “‘crudities ”’ which our critic cites as<br />
“ glaring,” —leaving “‘ the lost art of reading ”<br />
to those happy humble few who have pause in<br />
the burden and heat even of to-day.<br />
<br />
“Js it not perhaps in a subconscious effort<br />
to rid himself altogether of this obnoxious pest<br />
that to-day our pioneer par eacellence of original<br />
forms, our champion stickler for testimony of<br />
‘consciousness, clamours for a mightier right-of-<br />
way ? Where no literary conscience in the<br />
criticism of ‘contemporary fiction’ has as yet<br />
been made evident; and no given standard<br />
been, at least in words, established, one who<br />
possesses the creative gift—which Mr. James<br />
terms ‘the miracle of genius ’—to the extent<br />
some possess it, is surely justified in ing<br />
the bull by the horns in Ae sae hs<br />
<br />
Mrs. Wharton writes: ‘“ There seem to be<br />
but two primary questions to ask in estimating<br />
any work of art: ‘‘ What has the author<br />
tried to represent, and how far has he succeeded<br />
—and a third which is dependent on them—<br />
has it the quality of being what Balzac called<br />
vrat dans V art.”<br />
<br />
In plain English, Balzac preached verisimili-<br />
tude ; but who of even those of us who love<br />
him because we read him through and through<br />
can maintain that Balzac practised invariabl<br />
all he preached ? Moreover, given a need<br />
worthy of the name, how does he know what<br />
<br />
THE AUTHOR.<br />
<br />
(JULY, 1914.<br />
<br />
the author has tried to represent sufficiently,<br />
z.e., to decide whether he has succeeded or<br />
not—without the author telling him ?<br />
<br />
It is at just this point we find that the<br />
present-day so-called “ critics’ fail us—by<br />
demonstrating their predisposition not to care<br />
to understand us where we point our message<br />
sharpest. Whereas if all critics were accom-<br />
plished readers—only winning the right to<br />
their claim as we do by writing—through<br />
contemplation, and deduction, instead of<br />
fiddling when Rome is burning, we authors<br />
might get faster towards the main and off the<br />
rocks.<br />
<br />
What we younger writers need most and<br />
first is readers.<br />
<br />
Let the publishers provide them, instead<br />
of supercilious underlings craving to be<br />
‘* gripped.’ Let those readers cease relegating<br />
fiction to “the side-track.’? Let him who is<br />
practical make way more diligently and gener-<br />
ously for that flame which licks up so percep-<br />
tibly in a trice chacterisation, eloquence,<br />
abundance, the interplay of the passions—<br />
all the conflict in sum—until, like a coral reef,<br />
the entire magic edifice shapes itself without<br />
visible hands before our eyes.<br />
<br />
In France fiction is acclaimed as legitimate<br />
art where the critics discern in the result a<br />
consecutive series of links each dependent<br />
upon the other in an inevitable process of<br />
forging into a chain the main idea.<br />
<br />
Why not, and at once, make such a standard<br />
for fiction clearer and possible on this side of<br />
the channel ?<br />
<br />
$$$<br />
<br />
THE SIXTEENTH CONGRES INTER-<br />
NATIONAL DE PRESSE.<br />
<br />
<br />
<br />
HE sixteenth International Congress<br />
of the Press, held at Copenhagen, has<br />
been singularly _ successful. The<br />
<br />
capricious weather of the North proved itself<br />
by a tempestuous North Sea passage, but<br />
Denmark greeted us with Mediterranean Sea<br />
and blue sky. As M. Singer, the President,<br />
stated at the final sitting, ‘‘ Melancholy<br />
disappeared at the Danish frontier.” .<br />
Having attended most of these inter-<br />
national meetings, certainly none has been so<br />
methodically and excellently organised. The<br />
handsome portfolio contained all tickets,<br />
information, and invitations, in our own<br />
tongue; a booklet, described all events and<br />
scenes to be visited. The traditional hospital-<br />
ity of the North was intensely cordial; and<br />
opportunities were given after the Congress<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
JULY, 1914.]<br />
<br />
was closed for individual writers to study their<br />
special subjects.<br />
<br />
An historic badge was a passport in the<br />
town, and a railway permis to the country<br />
generally. The business sittings that were<br />
to have been held in the House of Lords were,<br />
owing to the domestic crisis, conducted in the<br />
Hall of the University. As all the documents<br />
were at the House of Parliament, the first<br />
sitting was confined to reading the general<br />
secretary’s, M. ‘Taunay’s, comprehensive<br />
report.<br />
<br />
Warm expressions of sympathy were ex-<br />
pressed at M. Taunay’s absence, through<br />
serious illness. The general treasurer, Dr.<br />
Schweitzer, of Berlin, reported that there<br />
-were twenty countries affiliated to the Associa-<br />
tions de Presse, with a membership of over<br />
17,000, and a substantial balance of over<br />
5,000 marks was in hand.<br />
<br />
As Dr. Stolz, of Germany, had retired from<br />
the Comité de Direction owing to ill health, Dr.<br />
Dresemann, of Cologne, had been elected to<br />
his place.<br />
<br />
The subject that caused the most animated<br />
debate was the right of the journalist to with-<br />
hold his source of information; a right<br />
which, as Colonel Secretan, of Switzerland,<br />
the introducer of the subject, stated, was<br />
possessed by the doctor, the priest, and the<br />
barrister. Especially was he emphatic that<br />
this secrecy must ever be in the public interest,<br />
and not exercised for purposes of blackmail or<br />
seandal. Mr. J. R. Fisher, of Belfast, ex-<br />
pressed the sympathy of the English associa-<br />
tion with the efforts of the continental journal-<br />
ists to secure definite legislation on this point.<br />
So far as the English law was concerned, it was<br />
the decided practice of the courts in civil cases<br />
not to permit any inquiry into the sources<br />
of an editor’s information. In every case the<br />
editor or publisher was solely responsible<br />
before the law for the contents of the news-<br />
paper, and the court will support him in<br />
refusing to give the names of his contributors.<br />
In the case of extra-legal proceedings, however,<br />
journalists had still to guard against the<br />
attempts of such bodies as parliamentary and<br />
other commissions to exercise pressure for<br />
<br />
olitical or personal reasons.<br />
<br />
Dr. Stoffers and Mr. James Baker acted as<br />
"interpreters for this debate, and, on a division<br />
on a wider embracing amendment, the vote<br />
was equal, and the president adjourned the<br />
sitting. At the next sitting Colonel Secretan's<br />
<br />
motion was carried, which invited the Comite<br />
<br />
de Direction to act jointly with the various<br />
<br />
national associations, “that they take this<br />
<br />
THE AUTHOR.<br />
<br />
<br />
<br />
275<br />
<br />
matter up with the legal authorities and work<br />
towards procuring legislation that shall protect<br />
the secrecy in journalism.”<br />
<br />
Another subject that aroused discussion was<br />
that of the right of reproduction in journalism.<br />
Upon this there was a great division of opinion,<br />
and the writer spoke of the advances made in<br />
England in this matter since first debated by<br />
the Associations de Presse. Many years ago<br />
he had demanded at a meeting of the Society<br />
of Authors, then under the chairmanship of<br />
Sir Frederick Pollock, copyright protection<br />
for the form in which news was related. By<br />
the case of The Times against Steinkopf copy-<br />
right had been assured to the writer of the<br />
article or paragraph. A vote was passed that<br />
the Bureau should formulate a firm resolution<br />
on this matter.<br />
<br />
The last sitting was held in the House of<br />
Lords, when the questions came up of an annual<br />
Card of Identité to be signed by the President<br />
of each local association, free of cost to the<br />
members; of Conseils de Prudhommes for<br />
the Press, and of mutual international aid<br />
societics. In closing the business of the<br />
Congress, M. Singer thanked all in Denmark,<br />
their Majesties the King and Queen, the<br />
Ministers and the whole people, who had so<br />
warmly received the journalists of all countries,<br />
and the Minister of the Interior replied saying<br />
that the journalists’ satisfaction fully recom-<br />
pensed all for the trouble taken.<br />
<br />
Their Majesties the King and Queen received<br />
the delegates at a Court in the Amalienberg<br />
Palace, and both chatted freely for some time<br />
with the English delegates. The excursions<br />
were on a most elaborate and delightful scale.<br />
A visit to Malmo and lunch-on the largest<br />
ferry boat in the world; a trip to Hamlet’s<br />
Kronberg ; a marvellous pic-nic and open-air<br />
performance of the great Danish drama<br />
* Blvyerkoj ”; and a dozen other remarkable<br />
events, all superbly organised, ended with<br />
<br />
excursions to every part of Denmark.<br />
James Baxer, F.R.G.S.<br />
<br />
—————_+ ><br />
<br />
MAGAZINE CONTENTS.<br />
——+—<br />
<br />
CONTEMPORARY.<br />
<br />
Early Playhouses and the Drama. By Wilberforce<br />
<br />
Jenkins.<br />
<br />
The Shakesperean Angels and Devils. J. The Angels.<br />
<br />
ForTNIGHTLY.<br />
<br />
ini og of Tolstoy. By Count Tlya Tolstoy.<br />
ie Danian. By Prof. M. A. Gerothwohl.<br />
The Idea of Comedy, Il. By W. L. Courtney.<br />
<br />
<br />
<br />
<br />
276<br />
HOW TO USE THE SOCIETY.<br />
<br />
——— <9<br />
<br />
1: VERY member has a right to ask for and to receive<br />
advice upon his agreements, his choice of a pub-<br />
lisher, or any dispute arising in the conduct of his<br />
<br />
business or the administration of his property. | The<br />
<br />
Secretary of the Society is a solicitor 3 but if there is any<br />
<br />
special reason the Secretary will refer the case to the<br />
<br />
Solicitors of the Society. Further, the Committee, if they<br />
<br />
deem it desirable, will obtain counsel’s opinion without<br />
<br />
any cost to the member. Moreover, where counsel s<br />
<br />
opinion is favourable, and the sanction of the Committee<br />
<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 scruple 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 />
the 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 />
lars 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 />
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 />
This<br />
The<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 />
So<br />
<br />
WARNINGS TO THE PRODUCERS<br />
OF BOOKS.<br />
<br />
—_— 1<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 />
<br />
This is sometimes satisfactory, ¢f a proper price can be<br />
<br />
THE AUTHOR.<br />
<br />
(JULY, 1914.<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 />
II. 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 />
1¥Y. 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 />
SESE SS SORE Th<br />
<br />
WARNINGS TO DRAMATIC AUTHORS.<br />
<br />
1<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 />
8. There are three forms of dramatic contract for plays<br />
in three or more acts :—<br />
<br />
(a.) Sale outright of the performing right. This<br />
is unsatisfactory. An author who enters into<br />
such a contract should stipulate in the contract<br />
for production of the piece by a certain date<br />
and for proper publication of his name on the<br />
play-bills,<br />
<br />
<br />
ne eagpead ae bi<br />
<br />
<br />
<br />
JULY, 1914.)<br />
<br />
(2.) Sale of performing right or of a licence to<br />
perform on the basis of percentages on<br />
gross receipts. Percentages vary between 5<br />
and 15 per cent. An author should obtain a<br />
percentage on the sliding scale of gross receipts<br />
in preference to the American system, Should<br />
obtain a sum in advance of percentages, A fixed<br />
date on or before which the play should be<br />
performed.<br />
<br />
(c.) 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. ‘hey 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 />
ds 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 />
ee<br />
<br />
CENARIOS, typewritten in duplicate on foolscap paper<br />
S 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 />
<br />
Original Plays may also be filed subject to the same<br />
rules, with the ee that a play will be charged for<br />
at the price of 28, 6d. per act.<br />
<br />
THE AUTHOR.<br />
<br />
<br />
<br />
277<br />
DRAMATIC AUTHORS AND AGENTS.<br />
<br />
MEO ES<br />
Le authors should seek the advice of the<br />
<br />
Society before putting plays into the hands ef<br />
<br />
agents. As the law stands at present, an agent<br />
who has once had a play in his hands may acquire a<br />
perpetual claim to a percentage on the author’s fees<br />
from it. As far as the placing of plays is concerned,<br />
it may be taken as a general rule that there are only<br />
very few agents who can do anything for an author<br />
that he cannot, under the guidance of the Society, de<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 />
Se ee<br />
<br />
WARNINGS TO MUSICAL COMPOSERS.<br />
a<br />
<br />
ITTLE can be added to the warnings given for the<br />
1, assistance of producers of books and dramatic<br />
authors. It must, however, be pointed out that, as<br />
a rule, the musical publisher demands from the 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 />
a<br />
<br />
STAMPING MUSIC.<br />
<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 />
<a<br />
THE READING BRANCH.<br />
——_-—— + —<br />
<br />
EMBERS will greatly assist the Society in this<br />
branch of its work by informing young writers<br />
of its existence. Their MSS. can be read and<br />
<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, aud 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 />
<br />
— ><br />
<br />
REMITTANCES.<br />
<br />
<br />
<br />
<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 />
<br />
letter only.<br />
<br />
<br />
<br />
<br />
<br />
<br />
COLLECTION BUREAU.<br />
<br />
—<br />
<br />
due to authors, composers and dramatists.<br />
<br />
fe Society undertakes to collect accounts and money<br />
1. Under contracts for the publication of their<br />
<br />
works. :<br />
<br />
9. Under contracts for the performance of their works<br />
and amateur fees.<br />
<br />
3. Under the Compulsory Licence Clauses of the Copy-<br />
right Act, i.e., Clause 3, governing compulsory licences for<br />
books, and Clause 19, referring to mechanical instrument<br />
records.<br />
<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 />
must be made to the Collection Bureau of the Society.<br />
<br />
AGENTS.<br />
Holland A. REYDING.<br />
<br />
United Statesand Canada. WALTER C. JORDAN.<br />
Germany Mrs. Pogson.<br />
<br />
The Bureau is in no sense a literary or dramatic<br />
agency for the placing of books or plays.<br />
<br />
——___—__+—~>—<br />
<br />
<br />
<br />
GENERAL NOTES.<br />
<br />
<br />
<br />
“THE AUTHOR.”<br />
<br />
Members are reminded that The Author is<br />
<br />
not published in August or September. The<br />
next issue will appear in October.<br />
Str Witiram Anson, Barrt., P.C.<br />
Str W. R. Anson, whose death was<br />
<br />
announced early in June, was a member of<br />
the Society, which he joined in 1904, and of<br />
its council, to which he was elected in the<br />
same year.<br />
<br />
Sir William’s most important literary work<br />
was “ The Law and Custom of the Constitu-<br />
tion ’’—a subject on which he was a recognised<br />
authority. In another branch of law, his<br />
“Principles of the English Law of Contract,”<br />
was recognised as a standard work and a very<br />
lucid exposition of the subject.<br />
<br />
In his public work, Sir William Anson was<br />
notable chiefly as an authority on education,<br />
and was Parliamentary Secretary to the Board<br />
of Education in Mr. Balfour’s Ministry from<br />
1902—1905.<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
(JULY, 1914,<br />
<br />
AGENTS.<br />
<br />
Durtinc the past few months many inquiries.<br />
have been made by members, who have for-<br />
warded the papers and prospectus of agencies.<br />
claiming to place literary and dramatic works.<br />
<br />
In the vast majority of these cases no names<br />
are to be found on the notepaper of these<br />
concerns, the principals preferring to hide their<br />
dim lights under some such titles as ‘ The<br />
International Placing Syndicate.”<br />
<br />
We cannot emphasise too strongly how<br />
dangerous it is for members to entrust their<br />
works to unknown parties. The very fullest<br />
inquiries should be made beforehand as to the<br />
bona fides of the persons running them. In<br />
not a few cases these agencies are little else<br />
than typewriting offices whose principals find<br />
that a pretence of literary agency enables them<br />
to get from authors an amount of typewriting<br />
which none of their competitors—i.e., type-<br />
writing offices—could obtain in_ legitimate<br />
business.<br />
<br />
We have had occasion previously to point<br />
out no special qualifications are needed for the<br />
starting of a literary or dramatic agency, and<br />
<br />
<br />
<br />
anyone, however slender his qualifications, or<br />
<br />
however grave his disqualifications may be,<br />
is enabled to engage in this form of industry.<br />
<br />
We confess to some surprise that the genuine<br />
literary agents in this country have not set<br />
up some body charged with the duty of<br />
formulating rules of professional etiquette for<br />
the protection of their profession.<br />
<br />
Tur INDIAN Copyricut Act, 1914.<br />
<br />
WE have pleasure in providing readers of<br />
The Author with the Indian Copyright Act of<br />
1914, as a supplement to the current number.<br />
<br />
There is very little to be said about it, as it<br />
practically adopts the Act of 1911. The most<br />
important difference lies in clause 4, Under<br />
this clause, in the ease of works published in<br />
British India, the arrangement with regard to<br />
the rights of translation has been modelled on<br />
the lines of the Berne Convention and the Act<br />
of Paris, but not on the Convention of Berlin.<br />
This arrangement will most probably only<br />
affect those books that are published by natives<br />
in British India and will not make any serious<br />
difference with regard to the works of English<br />
writers. Attention, however, should be drawn<br />
<br />
to the fact that Mr. Rudyard Kipling’s first<br />
efforts were published in India prior to publica-<br />
tion in England, and it is possible, therefore,<br />
that in exceptional cases the Act may interfere<br />
with the writings of English authors. —<br />
<br />
<br />
<br />
‘<br />
t<br />
<br />
<br />
<br />
<br />
<br />
<br />
JULY, 1914.]<br />
<br />
MECHANICAL CONTRIVANCES AND ORCHESTRAL<br />
ACCOMPANIMENTS.<br />
<br />
WE invite the attention of composers to the<br />
case of Chappell v. The Columbia Gramophone<br />
Co., a report of which appears in another<br />
column.<br />
<br />
We do not claim to know the motives of<br />
Messrs. Chappell & Co. in taking this action,<br />
but the effect of the judgment delivered will<br />
not, as far as we can see, be to help composers<br />
who are anxious that their works should be<br />
reproduced mechanically.<br />
<br />
In effect, it amounts to this, that a composer<br />
may assign his mechanical instrument rights<br />
to the publisher, who may, if he chooses, make<br />
it almost impossible for the mechanical instru-<br />
ment trade to take up the work.<br />
<br />
The publisher—if the composer foolishly<br />
allows him to hold the copyright—has only to<br />
refuse to allow the reproducer to make the<br />
manuscript orchestral accompaniment which<br />
is necessary for the manufacture of the record.<br />
<br />
We believe that Messrs. Chappell & Co. are<br />
now engaged in the manufacture and sale of<br />
contrivances for the mechanical reproduction<br />
of music, and if they have succeeded by this<br />
action in abolishing the competition of their<br />
rivals, we hope that composers will be wise<br />
enough to see that they get for the transfer<br />
of their rights to Messrs. Chappell something<br />
much more substantial than the fees laid down<br />
im the Act.<br />
<br />
Those fees were fixed by the Legislature as<br />
representing what—rightly or wrongly, we<br />
think wrongly—-was regarded as a fair return<br />
from the mechanical instrument trade for the<br />
use of the composer’s work. It must be<br />
remembered, however. that they were not<br />
fixed as a fair return for the ewclusive use by<br />
<br />
any one firm.<br />
——————_+ —<—_+—_____—_<br />
<br />
THE LAST OF THE PRE-RAPHAELITES,<br />
THEODORE WATTS-DUNTON, 1832—1914.<br />
<br />
N the death of Mr. Theodore Watts-<br />
I Dunton, on June 6, the literary world<br />
loses one of its greatest veterans and the<br />
Society of Authors one of its oldest members.<br />
In his study, where his old friend and secre-<br />
tary, Mr. Thomas Hake, had left him for a few<br />
minutes, he passed awayas hewould most, prob-<br />
ably have wished to pass away, In the midst of<br />
the work to which he was so devoted. His hours<br />
of labour would have shamed a man of half his<br />
eighty-two years. From seven in the ee<br />
until nine at night he was always occupied, anc<br />
until quite recently would sometimes accom-<br />
<br />
THE AUTHOR.<br />
<br />
<br />
<br />
279:<br />
<br />
pany Ms charming and accomplished wit to<br />
<br />
T ee nusement in the evening.<br />
ae oe - Ais’ generation 1S perhaps the<br />
, ate that can befall a man; but this<br />
cannot tly be ad of Mr Watton, ho<br />
s ‘ no generation in particular. His<br />
interest in the life of to-day, a life so different<br />
from that of his own youth and early manhood,<br />
was strangely keen and insistent. Sometimes,<br />
in talking of his great contemporaries, Tenny-<br />
son, Meredith, Swinburne, Rossetti, Morris,<br />
Borrow, there would creep into his voice a note<br />
of retrospective sadness ; but it always seemed<br />
poetic rather than personal. It may be said<br />
that he never really grew up, his spirit never’<br />
became tired. His laugh was as youthful as<br />
was the hearty “‘ My dear fellow ” with which<br />
he would address his friends. Good work he:<br />
recognised and praised, no matter from what<br />
source it came, and his punctilious courtesy in<br />
dealing with a mass of letters from unknown<br />
correspondents savoured of another century.<br />
<br />
He possessed the true gift of conversation.<br />
Every subject seemed to develop quite natur-<br />
ally out of what had preceded it, and although<br />
in a single hour he would have passed from<br />
Aischylus and Sophocles to twentieth century<br />
publishers, there was never any break or<br />
suspicion of a change of subject.<br />
<br />
Seated on the sofa in the middle of his study,<br />
with reminders of his friendship with Rossetti<br />
gazing down upon him from the walls, Mr.<br />
Watts-Dunton received his friends with that<br />
almost boyish cordiality that so endeared him<br />
to their hearts. If they had been doing any-<br />
thing of which the world knew, he would be<br />
sure to have heard all about it. His mind<br />
was as alert as his memory was remarkable ;<br />
but above all he was possessed of a very real<br />
charm of personality, a charm that did not<br />
-anish before the on-coming years.<br />
<br />
In literature and criticism he stood for<br />
enthusiasm. His gospel as a critic was to seek<br />
for the good that is to be found in most things,<br />
literary or otherwise, and, what is perhaps most<br />
remarkable in one who has known so many<br />
great men, he never seemed to draw invidious<br />
comparisons between the writers and. artists.<br />
of to-day and those of the great Victorian era.<br />
<br />
In addition to a number of articles hidden<br />
away In periodicals, his long life produced a<br />
romance (“Aylwin”), a sheaf of poems<br />
(‘* The Coming of Love’’), two of the most<br />
stimulating critical pronouncements eet ne<br />
century has produced ( Poetry ” and e<br />
<br />
Renascence of Wonder ”), and, what he per-<br />
haps valued most of all, a host of friends ; for<br />
he had a great capacity for friendship.<br />
<br />
<br />
<br />
<br />
bo<br />
<br />
80<br />
<br />
I remember one day, when we were discuss-<br />
wno his two essays © Poetry — and ‘ The<br />
Renascence of Wonder,” I ventured to remark<br />
that I considered the last-named in a way<br />
the more remarkable of the two as<br />
containing his own particular _battle-cry.<br />
He was obviously pleased, and told me how<br />
deplorably it had been cut down because only<br />
a certain space had been left for it in “C hambers s<br />
Cyclopedia of English Literature,” and how<br />
prodigiously it had grown under his hand.<br />
‘At the time of his death he was engaged upon<br />
restoring the passages that he had been com-<br />
pelled to sacrifice. =<br />
<br />
During the last few weeks of his life he spoke<br />
frequently in a way that seems now to suggest<br />
that he saw the end was not far off. His<br />
keenness for work was not so great, and he<br />
slept a great deal. A tired body was gradually<br />
quenching an almost indomitable spirit, which<br />
one afternoon quietly slipped away, leaving<br />
him to all appearances peacefully sleeping.<br />
<br />
HERBERT JENKINS.<br />
<br />
————_ + —~<—_+—_____—_-<br />
<br />
UNITED STATES NOTES.<br />
<br />
<br />
<br />
T the meeting of the American Library<br />
Association in Washington, at the<br />
end of May, the president, Mr. KE. H.<br />
Anderson, vigorously denounced the shame of<br />
the book tariff—‘‘ an imposition,” comments<br />
the Dial, ‘‘ endured by only two of the great<br />
Powers of the world, our own country and<br />
Russia.”’ The Dial continues : ‘‘ Of course it<br />
is an old story, but it is likely to be considerably<br />
older before the disgrace is wiped out and we<br />
are able to hold up our heads and claim a place<br />
among the nations enlightened enough not to<br />
lay a penalty on the acquisition of knowledge.<br />
Fifty per cent. higher now than before the<br />
Civil War, the present duty on imported<br />
English books fails ridiculously to yield any<br />
considerable revenue or to foster home industry<br />
in the manufacture of books. . . . If, then, as<br />
a tariff for revenue, the book tax yields only<br />
a negligible return compared with our total<br />
revenue, and if as a protective tariff it fails<br />
to protect or, at most, furnishes ignoble shelter<br />
to an unworthy few, why suffer it to remain<br />
on the statute book ? ”<br />
<br />
Why, indeed ? is a question which occurs to<br />
-others besides Americans.<br />
<br />
My list of new publications is somewhat<br />
shorter than usual at this time of year, owing<br />
to the late publication of the last instalment<br />
of these notes. Fiction, which keeps up its<br />
<br />
THE AUTHOR.<br />
<br />
JULY, 1914]<br />
<br />
numbers, may be left to the end. Biography<br />
makes but a small show. Will Levington<br />
Comfort calls his reminiscences ‘* Midstream.”<br />
To the American Crisis Biographies the newest<br />
addition is Daniel Webster, by F. A. Ogg.<br />
<br />
Among _ historical works are * California<br />
under Spain and Mexico,” by Irving Richman ;<br />
“The Mexican People: Their Struggle for<br />
Freedom,” by L. Gutierrez de Lara and<br />
Edgecumb Pinchon: “Old Panama and<br />
Castilla del Oro,”’ by Dr. C. L. G. Anderson ;<br />
“The Negro in American History,” by J. W.<br />
Cromwell; ‘‘ The Rise of the American People,”<br />
by R. G. Usher; and “ The Reformation in<br />
Germany,” by Professor H. C. Vedder. On<br />
the borders of this class is ‘* The History of the<br />
Soldiers’ Home in Washington,” by E. A.<br />
Lawton.<br />
<br />
‘* A History of Education in Modern Times ”<br />
is by Professor F. P. Groves, of Pennsylvania<br />
University. Another educational work is<br />
‘“ The Backward Child,’ by Barbara Morgan.<br />
<br />
C. and M. Beard write of ‘ American<br />
Citizenship ’’?; W. E. Walling of * Progressiv-<br />
ism—and After’; and E. D. Kenna of * Rail-<br />
way Misrule.”<br />
<br />
Travel and open air books include “ India,<br />
Malaysia, and the Philippines,” by Bishop<br />
W. F. Oldham ; ‘‘ Roughing It De Luxe,’ by<br />
Irwin Cobb ; “‘ Europe after 8.15,” by H. L.<br />
Mencken, G. J. Nathan, and W. H. Wright ;<br />
‘“‘ Life Histories of African Game Animals,” by<br />
Theodore Roosevelt and Edmund Heller ;<br />
‘* A Stepdaughter of the Prairies,” by Margaret<br />
Lynn; and ‘“‘ The Commuter’s Garden,” by<br />
W. B. Hayward.<br />
<br />
‘** Stellar Motions” is by Professor W. W.<br />
Campbell, of Lick Observatory. A philoso-<br />
phical work is ‘‘ The Ego and its Place in the<br />
World,” by C. G. Shaw. The same classifica-<br />
tion can hardly extend to ‘‘ The Message of New<br />
Thought,”’ by Abel L. Allen, or ‘‘ Letters from<br />
a Living Dead Man,” by Elsa Barker. “ The<br />
Seen and the Unseen at Stratford-on-Avon,”<br />
by W. D. Howells, is, of course, already<br />
familiar to English readers. Perhaps the<br />
most notable book of essays is ‘“* The Lawyer in<br />
Literature,” by Judge J. M. Gest.<br />
<br />
And now the plunge has to be made into<br />
the novel class. This time, unlike the last<br />
occasion that these notes were written, women<br />
writers are not very numerous. Of those<br />
who sign with feminine names I notice Mary<br />
Vorse, author of ‘‘ The Heart’s Country” ;<br />
Alice D. Miller, “‘ Things’?; Marian Keith,<br />
<br />
‘“The End of the Rainbow ”’; Dorothy Dix,<br />
‘“‘Mirandy ’’; Margaret Gerry, ‘“ The Masks<br />
of Love”; Lucy Pratt, ‘ Ezekiel Expands ” ;<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
JULY, 1914.]<br />
<br />
and Daisy Rhodes Campbell, “ The Fiddling<br />
Girl.” ““Vandover and the Brute” is the<br />
name of the curiously recovered novel by<br />
the late Frank Norris, which disappeared<br />
in the San Francisco earthquake. ‘ The<br />
Hills o Hampshite’ is by W. M. Cressy<br />
and Clarence Harvey; “ Cordelia Blossom ”’<br />
by G. R. Chester; ~ The Boomers,’ by Roy<br />
Norton ; “Glory of the Pines,” by Ww OC.<br />
Covert ; “ Under Handi aps,” by J. Gregory ;<br />
_ New Men for Old,” by HY. O’Bricn ;<br />
<br />
The Professor and the Petticoat, by A. S.<br />
Johnson ; ‘‘ Horacio,’ by R. W. Fenn 7“ The<br />
Salamander,” by Owen Johnson ; “ Henry of<br />
Navarre, Ohio,” by Holworthy Hall ; “The<br />
Quarterbreed,”’ by BR. A. Bennet ; “ The<br />
Green Seal,” by C. E. Walk; “Idle Wives,”<br />
by James Oppenheim ; ‘** At Bay,” by George<br />
Scarborough ; “‘ Captain Dan Richards,” by<br />
E. T. Tomlinson; ‘On with Torchy,” by<br />
Sewell Ford ; ‘“‘ Sweetapple Cove,”’ by G. van<br />
Schaick; ‘The Marryers,” by Irving<br />
Bacheller; ‘“‘ Keeping up Appearance,” by<br />
M. Foster: and “ With the Best Intention,”<br />
by Bruno Lessing.<br />
<br />
The literary obituary of the past few months<br />
is not very large. On April 2 died E. P.<br />
Morton, a prominent student of English verse,<br />
and a. professor at several American universities<br />
in turn. On April 7 Cy Warman, often styled<br />
“the poet of the Rockies,” died in Chicago.<br />
He wrote. besides verse, many railroad stories<br />
and edited more than one paper. The death<br />
occurred at Capri on April 12 of Thomas<br />
Spencer Jerome, known among scholars for his<br />
studies of the Roman Empire, which led him<br />
to take up his permanent residence on the<br />
island where he died. On May 21 died Rudolf<br />
Tombo, junior, associate professor of Germanic<br />
languages at Columbia University, where he<br />
was also registrar and editor of the quarterly<br />
magazine. On May 26 died Jacob A. Riis, a<br />
Dane bv birth, but since 1870 an American.<br />
He wrote extensively about slum life in the<br />
States and was one of ex-President Roosevelt's<br />
<br />
en hers.<br />
oe Pup WALSH.<br />
<br />
—+— +<br />
<br />
ARE NOVELS TOO CHEAP ?<br />
<br />
— a1<br />
DO not believe in the advisability of placing<br />
artificial restrictions on the price of any<br />
commodity. I believe that the price<br />
arrived at by the haggling of the market, the<br />
point of agreement between producer and con-<br />
sumer reached by free bargaining, 15, if not<br />
<br />
THE AUTHOR.<br />
<br />
<br />
<br />
281<br />
<br />
ally fair and just than that which<br />
could be arrived at by any other means.<br />
<br />
If instead of this natural price you want<br />
something more ideally fair, you are faced by<br />
two great difficulties. : ;<br />
<br />
rhe first is that you have to find out who<br />
are the proper people to decide it. The second<br />
is that you have to find out how the decision<br />
is to be made practical and effective.<br />
<br />
If the price is decided by a representative<br />
body of producers, it is almost certain, such<br />
is human nature, to be a little unfair to the<br />
consumers. If it is decided by a representa-<br />
tive body of consumers it is likely to be a little<br />
unfair to the producer. If you want it decided<br />
by a body equally representative of producers<br />
and consumers—well! how are you going to<br />
find that body, and to make it act in accord,<br />
and how are you going to make its decision<br />
effective ?<br />
<br />
That is the second difficulty. The arti-<br />
ficially arranged price has to be maintained by<br />
artificial means. It can be done when the<br />
producers are sufficiently united and have<br />
fixed on a price that is not quite fair to the<br />
consumer. For example, the lawyer can<br />
charge 6s. 8d. for an opinion that from a<br />
purely outside point of view is often worth only<br />
1s., and the doctor can charge 8s. 6d. for advice<br />
and medicine that in many cases the chemist<br />
would give for the odd 6d.<br />
<br />
In the same way the consumers, when of<br />
one mind, can put an end to a high-priced<br />
product, as we have practically put an end<br />
to the sale of English cheese because its price<br />
is higher than that of the colonial article.<br />
<br />
Now we novelists have not the doctors’<br />
or the lawyers’ power of making a close<br />
preserve of our business because, while nobody<br />
would think of entrusting his legal interests<br />
or his health to a tyro who had given a few<br />
months only to the study of law or of medicine,<br />
quite a large proportion of the reading public<br />
show now and then that they prefer a school-<br />
girl’s maiden effort to the latest expression of<br />
a master novelist’s art.<br />
<br />
If all the existing novelists and all the<br />
existing publishers agreed together that no<br />
novel should be issued at less than 6s. it<br />
would merely throw open a rich field for the<br />
new novelists and the new publishers who<br />
would hasten forward to supply the undoubted<br />
demand for cheaper editions. If all the<br />
booksellers joined in the 6s. Meese their<br />
place would quickly be taken by oe ee<br />
agents and the drapers. The covena®.<br />
would find themselves in the wilderness,<br />
<br />
<br />
—_—_—a4<br />
<br />
<br />
<br />
<br />
<br />
282<br />
<br />
whilst the competition of the<br />
<br />
neweomers and<br />
of supply and demand would<br />
<br />
the natural play ya<br />
de the minimum price of the<br />
<br />
continue to deci<br />
<br />
novel. ae<br />
For this reason I look upon any discussion<br />
<br />
as to what the minimum price ought to be, and<br />
whether novelists should not combine to fix<br />
and maintain that minimum, as purely<br />
academic.<br />
<br />
But if no artificial restriction can be placed<br />
on the minimum price at which novels should<br />
be sold, if it is left to the free play of demand<br />
and supply to decide what is the lowest price<br />
at which a new or comparatively new novel<br />
shall be placed on the market, IT think no<br />
artificial restriction should be placed on the<br />
maximum price at which such novels should be<br />
sold.<br />
<br />
And when we come to the maximum price,<br />
we are on very different ground. We are no<br />
longer considering the theoretical advisability<br />
of an artificial restriction on prices which in<br />
practice is impossible, we are considering an<br />
artificial restriction which is in force; and it<br />
is of the utmost practical pertinence to ask<br />
whether the artificial restriction is a fair thing<br />
and, if not, whether there are any means by<br />
which it can be combated and removed.<br />
We are not asking whether as novelists and<br />
publishers we should be justified in combining<br />
to maintain a certain arbitrary price for the<br />
novel; we are asking whether we ought to<br />
allow a combination of consumers to rob us<br />
of the advantages of an open market while<br />
they do nothing to protect us from its dis-<br />
advantages.<br />
<br />
That the 6s. decided upon by an adamant<br />
tule as the maximum price at which a new<br />
novel can be placed on the market is absolutely<br />
arbitrary and artificial is, of course, proved<br />
by the history of its inauguration. It was<br />
not arrived at by any of that gradual bargain-<br />
ing which enables buyer and seller to discover<br />
the price which is fair to both. In a day<br />
the price of the new novel was changed from<br />
a guinea and a half to 6s., and I challenge<br />
any individual concerned in that abrupt<br />
change to give me any reason why the price<br />
should not have been 1s. more or 1s. less.<br />
Even if, by some miraculous means, the<br />
librarians, booksellers, publishers and authors<br />
who agreed on the sensational change did<br />
arrive at the precise price that was equally<br />
fair and advantageous to every interest con-<br />
cerned at the moment, twenty years have<br />
passed, and the price that was fair to every-<br />
body then must surely have been affected by<br />
<br />
the changing conditions which have given<br />
<br />
THE AUTHOR.<br />
<br />
<br />
<br />
[JULY, 1914.<br />
<br />
us the flood of 6d. paperbacks and the nicely<br />
bound and printed comparatively new novel<br />
for 7d. As the value of the well-bound and<br />
well-printed novel which one can place on<br />
one’s bookshelf decreases so the one advan-<br />
tage which the new novel has over these chaste<br />
and cheap reprints, its newness, calls more<br />
and more for proper recognition and valua-<br />
tion.<br />
<br />
Twenty years ago the market value of<br />
newness was emphasised almost sensationally.<br />
If you wanted the latest novel of Ouida or<br />
Miss Braddon as soon as it was published,<br />
you had to pay a guinea and a half, and got<br />
the story in three volumes. If you were<br />
content to wait a little while you could get it<br />
in coloured boards for 2s.<br />
<br />
That may have been an over-emphasis of<br />
the value of newness, and the three volumes<br />
were certainly very inconvenient for the lending<br />
libraries to handle, but I imagine that it was<br />
nearer the mark in its appreciation of the<br />
value that readers place upon newness than<br />
the present system, which fixes the value of<br />
the absolutely new novel at a price so low that<br />
it does not allow the actual valuations of the<br />
reading public sufficient margin in which to<br />
express itself. If, for instance, you can obtain<br />
a new novel of Mr. Wells’ straight from his<br />
brain, when everybody is discussing it, for<br />
4s. 6d., then 44d. is quite enough to pay merely<br />
for the pleasure of reading it in paper backs<br />
when the excitement and novelty are over<br />
and the discussion has ended, and 7d. is quite<br />
enough to pay to put it on one’s shelves.<br />
The prices are all dependent upon each other,<br />
and if at any point the delicate process of<br />
finding out true values by experiment in a<br />
free market is obstructed by an arbitrary and<br />
artificial restriction, the effect of that restric-<br />
tion will be felt throughout the whole process.<br />
<br />
Because the maximum price of the new<br />
novel has not been arrived at by the haggling<br />
of the market and does not represent any<br />
natural value discovered by the free play of<br />
supply and demand, that artificial and arbitrary<br />
price stands as the dominant factor affecting<br />
supply and demand.<br />
<br />
Because the maximum price is too small to<br />
give the publisher much return on the normal<br />
sale of a normal novel the publisher puts out<br />
as many books as possible in order to make a<br />
fair income out of many small profits, and I<br />
think he gives much less individual care to<br />
each novel than a publisher used to do under<br />
the old system.<br />
<br />
Similarly the novelist is urged by the small-<br />
<br />
ness of his return to increase his output,<br />
<br />
<br />
<br />
<br />
<br />
<br />
-and as it easily m<br />
<br />
JULY, 1914.]<br />
<br />
especially when he realises that, having onee<br />
obtained his entrée to the circulating libraries,<br />
the quality of his work matters cee ae<br />
and that his sales are unaffected by the praisc<br />
or blame of the reviewers. This tendency is<br />
so marked that the librarics in their own defence<br />
have had to place an artificial restriction on<br />
the supply.<br />
<br />
And as the 6s. maximum has inereased the<br />
supply of novels while lowering their quality,<br />
so it has increased the demand while making<br />
that demand less discriminating.<br />
<br />
In the days of the high-priced new novel,<br />
when a subscription to a good library cost<br />
something, readers took some care in their<br />
selection. They read and were influenced by<br />
reviews. Now the subscription rate is so<br />
small that people of quite moderate means will<br />
save themselves the trouble by taking half<br />
a dozen books at a time, more or less at random.<br />
It is probable that out of the six a reader will<br />
find only one to read and enjoy and will merely<br />
glance at the others, but the transaction<br />
gives no indication of the reader’s preference<br />
to the librarian, who is supposed to gauge<br />
the taste of his patrons from their selections<br />
and to make his purchases accordingly.<br />
<br />
Considering the important position which the<br />
circulating library holds as a medium between<br />
writer and reader, it would appear to me lacking<br />
in sensitiveness—economical sensitiveness— to<br />
the taste of its readers. And this through<br />
a failure to graduate its subscription rate.<br />
<br />
Some of the libraries have, I know, two<br />
classes of subscription, the cheaper entitling<br />
one to borrow books six or twelve months old.<br />
But the differentiation is clumsily inadequate.<br />
The value which many novel readers place upon<br />
freshness is almost equal to that of the news-<br />
paper reader and the magazine Yr sader, who<br />
would rather pay 6d. for a current copy than<br />
1d. for a copy a week old.<br />
<br />
It is possible that the price which an active<br />
novel reader would give to read a novel<br />
which is being considerably discussed in the<br />
first week of its appearance is double that which<br />
he would be prepared to pay for the reading<br />
a week later. It is certain in the case of a<br />
great many readers that the value has gone<br />
down to half after the first month.<br />
<br />
And this quick change of actual value Is<br />
in no way represented by change of prices,<br />
as it would be in a free and sensitive market.<br />
ight be if we were not under<br />
cadening rule of uniformity<br />
both as to the price at which new novels shall<br />
be sold and the price at which they shall be<br />
lent. No subscriber to a circulating library,<br />
<br />
the thrall of this d<br />
<br />
THE AUTHOR.<br />
<br />
<br />
<br />
283<br />
<br />
ae<br />
week of the time whe i 2 7 ee<br />
<br />
_ OF ( en he wants it. In the<br />
provincial libraries at least, when one wants a<br />
new book at all in demand, one puts one’s<br />
name down on a list and waits until the other<br />
readers who put their names down first have<br />
taken their varying periods for perusing the<br />
one or two copics bought to supply their needs.<br />
One may have to wait several weeks for one’s<br />
turn.<br />
<br />
Now in a ease like this, where the demand is<br />
greater than the supply, the economic way of<br />
adjusting them is to make a competitive price.<br />
The limited supply is doled out to the demanders<br />
not in the order of their foresight or agility<br />
in getting their names down, but in the order<br />
of their eagerness as that eagerness is shown by<br />
the price they are prepared to pay for its satis-<br />
faction. Personally I should be prepared in<br />
the case of many novels to pay considerably<br />
more than the small fee demanded by my<br />
provincial library for the privilege of reading<br />
a book, if I could have the greater privilege<br />
of having the first dip at it, and it seems to me<br />
an economical blunder on the part of the<br />
libraries that there is no method arranged by<br />
which we could mutually oblige each other.<br />
It is as clumsy as if the manager of a theatre<br />
charged the same price for every seat and left<br />
the boxes and the stalls to be seized by the<br />
first-comers.<br />
<br />
But it is the natural result of a system which<br />
while it gives full play to competition in cheap-<br />
jal restriction on any<br />
<br />
ness places an artific<br />
by practice the actual<br />
<br />
attempt to discover<br />
value of newness.<br />
<br />
I think myself that<br />
combination which,<br />
<br />
the iron edict of a strong<br />
while it has no power<br />
and makes no attempt to put a bar on the<br />
too-cheap novel insists on a maximum that<br />
has no logical relationship cither with supply<br />
or demand, is at the root of all the evils of<br />
which novelists, publishers and booksellers, as<br />
well as the librarians themselves, complain<br />
of to-day, and ought to be broken down if<br />
the trade in novels is to remain anything more<br />
than an unhealthy gamble for big sales.<br />
. HerBertT FLOWERDEW.-<br />
<br />
ao<br />
<br />
MATILDE SERAO.<br />
—— 1<br />
ATILDE SERAO’S father — was. the<br />
editor of the Giornale di Napoli, and<br />
in consequence she was brought up<br />
in a literary atmosphere. It would have been<br />
an easy matter for her to have contributed to<br />
<br />
<br />
<br />
<br />
284<br />
<br />
her father’s paper, but she preferred to find<br />
recognition on the merits of her writings alone,<br />
and at the age of seventeen, under the pseu-<br />
donyme of “‘ Tuffolina,” she sent out a sketch,<br />
“ Fanciullo biondo ” (fair youth), which found<br />
a ready publisher; this encouraged her to<br />
write another, “ Il Cristo d’Altamura,” which<br />
was immediately accepted for publication, the<br />
editor writing to ask her for a story at her<br />
own fee. She wrote it in two days, and asked<br />
30 lire (about 24s.) for it, which she received<br />
by return of post. So she began. Soon all<br />
local papers wanted contributions from her<br />
able pen, and she wrote many articles and<br />
stories, which were subsequently collected in<br />
book form, her earliest efforts appearing in a<br />
little volume called: ‘‘ Dal vero.” She also<br />
helped her father in his editorial work until<br />
she went to Rome in 1885 and married Edoardo<br />
Searfoglio, and published with him a paper<br />
called Il Corriere di Roma, so becoming a<br />
journalist as well as an author. She wrote so<br />
much, her books were reprinted so often, that<br />
it is difficult to get a complete and chrono-<br />
logical list of her works ; the following are the<br />
most important :—<br />
= Opale” (a novel) (1878), ~ Leggende<br />
napoletane ” (1881), “‘ Piccole anime ”’ (1883),<br />
“T] ventre di Napoli” (1884), “La virti. di<br />
Ceechina”’ (1884), “‘ Il romanzo della Fan-<br />
ciulla ” (1885), ‘‘ La conquista di Roma”<br />
(1885), “Pagina azzurra”’ (1885), “ Vita e<br />
avventure di Riccardo Joanna ” (1887), “ Fior<br />
di Passione’”’ (tales) (1888), “ All’erta senti-<br />
nella!” **Terno secco,” “Trenta per cento,”<br />
ete. (stories) (1889), ‘‘ Addio amore !”’ (1890),<br />
“Tl paese di Cuccagna’’ (1891), ‘‘ Piccolo<br />
Romanzo’”’ (1891), ‘‘ Fantasia”’ (1892),<br />
* Castigo ’’ (1893), ‘Gli amanti’’ (pastels)<br />
(1894), “ Le amanti ”’ (stories) (1894), “ L’in-<br />
‘differente *” (1896), “‘ Donna Paola’’ (1897),<br />
“ Storia di una Monaca ”’ (1898), ‘‘ Nel paese<br />
‘di Gesu’”’(1900),**Animasemplice,” ‘ Ballerina”<br />
(1901), “‘Lettere d’amore”’ (1901), ‘‘Madonna e<br />
Santi nella fede e nella vita ”’ (1902), ‘ Storia<br />
di due anime ” (1904), “* Dal vero ” (sketches)<br />
(1905), “Dopo il perdono”’ (1906), “‘ Ster-<br />
minator Vesevo ”’ (1906), ‘‘ Cristina,” ‘ Sacri-<br />
legio ” (two stories) (1908), ‘* Cuore Infermo ”’<br />
(1908), San Gennaro nella leggenda e nella<br />
vita ’* (1909), ‘* Capelli di Sansone” (1909),<br />
Pellegrino appassionato ” (1911), ‘‘ Evviva<br />
la vita !’ (1911), “ Evviva la guerra ! ”’ (1912),<br />
La mano tagliata *» (1912).<br />
ie ee ay have coe published in Eng-<br />
- okid ae Love! (translated by Mrs.<br />
eo leinemann (1894); ‘* The Land<br />
“ockayne,”’ Heinemann (1901) ; “ Fantasy ”’<br />
<br />
THE AUTHOR.<br />
<br />
[JULY, 1914.<br />
<br />
(translated by H. Harland and P. Sylvester),<br />
<br />
Heinemann; ‘‘The Ballet Dancer” and<br />
“On Guard,” Heinemann (1901); “ The<br />
<br />
Conquest of Rome,’’? Heinemann (1902); ** In<br />
the Country of Jesus ” (translated by Richard<br />
Davey), Heinemann (1905) ; ** After the<br />
Pardon,” Eveleigh Nash (1909) ; ‘‘ The Desire<br />
of Life”? (translated by William Collinge),<br />
Stanley Paul & Co. (1911); “ Dopo il Perdono ”<br />
was written in dramatic form in collaboration<br />
with Pierre Decourcelle and acted as a four-act<br />
drama in Naples in 1908. Matilde Serao’s<br />
novels have been translated into many foreign<br />
languages, and she is the foremost woman<br />
writer in Italy to-day, yet I do not think she<br />
is sufficiently known, or widely read, in<br />
England; maybe the choice of the works which<br />
have been so far translated are not those which<br />
show her insight into human passions to the<br />
best advantage. In Italy, as a writer, she does<br />
not excel for style or choice of subject, she does<br />
not use beautiful language, nor does she<br />
display great originality in her plots or dénoue-<br />
ments; but she is intimate with “love” in<br />
all its phases, in all its shades, in all its triumph,<br />
but, most of all, in all its tragedy. Most of her<br />
novels are enlarged snapshots of life with<br />
variations on the love theme, which runs<br />
through all her books, though the “ Conquest<br />
of Rome” is a tale of parliamentary life, the<br />
““ Avventure di Riccardo Joanna” is meant<br />
as a warning to would-be writers as to thorny<br />
path which awaits aspirants of the pen, tl<br />
paese della Cuceagna” is a romance of Nea-<br />
politan life, and the “Paese di Gesu” is a book<br />
of reminiscences of a trip to Palestine, as<br />
‘“* Evviva la guerra!’ is an echo of the Italian<br />
war in Tripoli, and ‘‘ Sterminator Vesevo ” is<br />
a diary of the eruption of Vesuvius in April,<br />
1906.<br />
<br />
Though Matilde Serao has written many and<br />
lengthy volumes, I am going to make no<br />
apology for dwelling on three tiny books of<br />
hers which are not known generally, on account<br />
of the fact that, as yet, they have not been<br />
translated into English; they are: “Gli<br />
amanti,” ‘‘ Le amanti,” ‘‘ Lettere d’amore ”—<br />
Lovers (masculine), Beloved (feminine), and<br />
Love letters. Matilde Serao describes every<br />
form of love, but her own conviction is that<br />
in love there are more sufferers than sinners,<br />
more sorrow than joy; yet she believes the<br />
world is well lost for the sake of love. She<br />
<br />
goes even further in her analysis of this<br />
absorbing human passion, and compares it to<br />
a devouring flame which gives no respite, which<br />
knows no mercy, which does not reason and<br />
which cannot be conquered, for even virtueis<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
JULY, 1914.]<br />
<br />
powerless against the devastating power of<br />
passionate love. In “Gli amanti” we en-<br />
counter the various forms of love, we are led<br />
into the intimacy of many hearts and are<br />
shown how the various souls of lovers feel<br />
love ; in this little book some love sensually,<br />
others idealise passion, some arc true till death<br />
and even die for their love, others only find<br />
pleasure in change; some love with their<br />
heads, some with their hearts, others merely<br />
with their senses ; but they are all true to life<br />
not overdrawn nor toned down.<br />
<br />
‘** Le amanti ”’ introduces us to various types<br />
of women in love. From these sketches I will<br />
quote a dialogue the directness of which is<br />
most appealing. It is summer, and a moon-<br />
light night, Massimo makes love to Luisa<br />
because he feels sentimental, and she falls<br />
desperately in love with him. He is her first<br />
love, but has to tell her he is in love with<br />
another, and this is what they say :—<br />
<br />
‘“* Do you love her very much ? ”<br />
<br />
‘“*T love her. When one loves, one loves-<br />
<br />
“* Have you loved her a long time ? ”<br />
<br />
*“ A very long time.”<br />
<br />
** Since when ? ”’<br />
<br />
** Since always.”<br />
<br />
‘“* Have you never loved any other ?’<br />
<br />
“No—never. There is a love that admits<br />
of no other.”<br />
<br />
Yet the woman whom he loved did not love<br />
him, as the following dialogue shows :—<br />
<br />
‘** Does she love you? ”<br />
<br />
“No.”<br />
‘6<br />
<br />
2<br />
<br />
<br />
<br />
She does not love you?’<br />
<br />
No, not at all.”<br />
“‘ Did she ever love you?”<br />
<br />
Never.”<br />
“Have you any hope?”<br />
None.”’<br />
<br />
“‘ Why does she not love you? ”<br />
<br />
‘Because there are some people who never<br />
do love.”<br />
<br />
He knows he is only a toy, a slave, yet he<br />
cannot tear himself away for—such is love.<br />
<br />
“Tettere di amore” (Love letters) has a<br />
sub-title which explains their object, : I<br />
perché della morte,” or ‘“ Why love dies.’<br />
Matilde Serao thinks that to love completely<br />
it is necessary to love with heart, senses,<br />
nerves, and sentiments, therefore to logically<br />
love is to give oneself up entirely and_be<br />
consumed by an overwhelming passion. Yet<br />
to do this is inevitably to give love its death-<br />
blow, for, having reached ecstasy, one can get<br />
no higher, nor stand still, therefore only by an<br />
eternal parting can one prevent love's dissolu-<br />
tion. Matilde Scrao thinks that it is better to<br />
<br />
°<br />
<br />
‘<br />
<br />
.<br />
<br />
THE AUTHOR.<br />
<br />
<br />
<br />
285<br />
<br />
suffer cruelly through the disappearance of the<br />
beloved than to be tortured by lies and secret<br />
and vulgar betrayals of a dead love that vainly<br />
tries to keep alive only for pity’s sake. It is<br />
best for lovers to separate, to end the romance<br />
whilst still the rapture lasts, so that at least<br />
remembrance may survive of glorious days<br />
gone by, undimmed by the tepidity of the<br />
penultimate or the icy coldness of the last days.<br />
_ Matilde Serao gives us lovers and loves that<br />
linger on in our mind, and make us think ;<br />
they are all so real, we get to know them so:<br />
intimately that our very heart beats with<br />
theirs. Matilde Serao should be read if only<br />
for this, that she has the gift of creating<br />
visions. On the tree of Love many flowers<br />
blossom, some sweetly perfumed, others scent-<br />
less, some brilliantly hued, others almost<br />
colourless, some exotic and intoxicating, others.<br />
appealing by their serene simplicity. In our<br />
hours of rest the flowers of remembrance<br />
blossom, and we can see again the faces we<br />
once loved, the radiant sunshine that long ago<br />
did play on our well-beloved’s tresses entwining<br />
them round our hearts, or, maybe, some<br />
cherished name written in letters of gold on a<br />
cloudless sky. The heritage of past raptures<br />
is an after-glow which warms the most lonely,<br />
the darkest places of our soul shedding a great<br />
light—for this, in the heyday of our lives, we<br />
should cultivate Love.<br />
E. S. Romero-TopEsco.<br />
<br />
> oe<br />
<br />
<br />
<br />
MEMORIES OF MY YOUTH, 4844—1865.*<br />
<br />
<br />
<br />
HERE are few literary forms in reality<br />
more difficult than autobiography. This<br />
is not the opinion of the generality of<br />
<br />
people, and the familiar assertion that every<br />
man has one book in him is usually understood<br />
to mean that the book in question would be<br />
a record of the writer’s personal feelings and<br />
experiences. In fact, however, that would be<br />
very seldom likely to be the case ; for any able<br />
representation of a man’s self invariably<br />
presents formidable problems, and to arrive at<br />
any becoming solution of them demands no<br />
ordinary skill. For this reason Dr. Putnam's.<br />
“Memories of my Youth” deserves high<br />
praise, and should mect with a wide welcome<br />
as a work in which the serious difficulties of<br />
autobiography have been most happily sur-<br />
2 eS<br />
<br />
* By George Haven Putnam. G. Putnam’s Sons, New<br />
York and London. 1914.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
284<br />
<br />
her father’s paper, but she preferred to find<br />
recognition on the merits of her writings alone,<br />
and at the age of seventeen, under the pseu-<br />
donvme of “‘ Tuffolina,” she sent out a sketch,<br />
“ Fanciullo biondo ”’ (fair youth), which found<br />
a ready publisher ; this encouraged her to<br />
write another, “ Il Cristo d’Altamura,”’ which<br />
was immediately accepted for publication, the<br />
editor writing to ask her for a story at her<br />
own fee. She wrote it in two days, and asked<br />
30 lire (about 24s.) for it, which she received<br />
by return of post. So she began. Soon all<br />
local papers wanted contributions from her<br />
able pen, and she wrote many articles and<br />
stories, which were subsequently collected in<br />
book form, her earliest efforts appearing in a<br />
little volume called: ‘Dal vero.” She also<br />
helped her father in his editorial work until<br />
she went to Rome in 1885 and married Edoardo<br />
Scarfoglio, and published with him a paper<br />
ealled Il Corriere di Roma, so becoming a<br />
journalist as well as an author. She wrote so<br />
much, her books were reprinted so often, that<br />
it is difficult to get a complete and chrono-<br />
logical list of her works ; the following are the<br />
most important :—<br />
<br />
‘““Opale”? (a novel) (1878), “‘ Leggende<br />
napoletane ” (1881), “ Piccole anime ” (1883),<br />
“ I] ventre di Napoli” (1884), “La virti di<br />
Cecchina ”’ (1884), ‘Il romanzo della Fan-<br />
ciulla’”’? (1885), ‘‘ La conquista di Roma”<br />
(1885), ‘Pagina azzurra’’ (1885), “ Vita e<br />
avventure di Riccardo Joanna ”’ (1887), ** Fior<br />
di Passione ’’ (tales) (1888), ‘‘ All’erta senti-<br />
nella !’’ **Terno secco,”’ “Trenta per cento,”<br />
ete. (stories) (1889), ““ Addio amore !” (1890),<br />
“Tl paese di Cuccagna’’ (1891), ‘* Piccolo<br />
Romanzo”’ (1891), “ Fantasia” (1892),<br />
“ Castigo” (1893), “Gli amanti’”’ (pastels)<br />
(1894), “ Le amanti ” (stories) (1894), “ L’in-<br />
diferente ” (1896), “ Donna Paola” (1897),<br />
“ Storia di una Monaca ”’ (1898), “ Nel paese<br />
di Gesu : (1900),**Animasemplice,” ‘ Ballerina”<br />
(1901), ““Lettere d’amore”’ (1901), ‘‘Madonna e<br />
Santi nella fede e nella vita ”’ (1902), ‘‘ Storia<br />
di due anime ”’ (1904), ‘‘ Dal vero ” (sketches)<br />
(1905), “Dopo il perdono” (1906), ‘‘ Ster-<br />
minator Vesevo ” (1906), ‘‘ Cristina,’ ‘ Sacri-<br />
legio ”’ (two stories) (1908), ‘‘ Cuore Infermo ”<br />
(1908), San Gennaro nella leggenda e nella<br />
vita ” (1909), ‘Capelli di Sansone *’ (1909),<br />
“ Pellegrino appassionato ” (1911), “ Evviva<br />
la vita !”” (1911), ‘‘ Evviva la guerra ! ’’ (1912)<br />
<br />
La mano tagliata ” (1912).<br />
ce oe Sigh published in Eng-<br />
Hi. Harland) Hei a ao 2<br />
Ca einemann (1894); ‘‘ The Land<br />
ayne,’’ Heinemann (1901) ; ‘‘ Fantasy ”’<br />
<br />
3<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
[JULY, 1914.<br />
<br />
(translated by H. Harland and P. Sylvester),<br />
Heinemann; ‘‘The Ballet Dancer” and<br />
“On Guard,’ Heinemann (1901); ‘ The<br />
Conquest of Rome,”? Heinemann (1902); “ In<br />
the Country of Jesus ” (translated by Richard<br />
Davey), Heinemann (1905); “After the<br />
Pardon,” Eveleigh Nash (1909) ; “* The Desire<br />
of Life’ (translated by William Collinge),<br />
Stanley Paul & Co. (1911); ** Dopo il Perdono ”<br />
was written in dramatic form in collaboration<br />
with Pierre Decourcelle and acted as a four-act<br />
drama in Naples in 1908. Matilde Serao’s<br />
novels have been translated into many foreign<br />
languages, and she is the foremost woman<br />
writer in Italy to-day, yet I do not think she<br />
is sufficiently known, or widely read, in<br />
England; maybe the choice of the works which<br />
have been so far translated are not those which<br />
show her insight into human passions to the<br />
best advantage. In Italy, as a writer, she does<br />
not excel for style or choice of subject, she does<br />
not use beautiful language, nor does she<br />
display great originality in her plots or dénoue-<br />
ments; but she is intimate with “love” in<br />
all its phases, in all its shades, in all its triumph,<br />
but, most of all, in all its tragedy. Most of her<br />
novels are enlarged snapshots of life with<br />
variations on the love theme, which runs<br />
through all her books, though the “* Conquest<br />
of Rome” is a tale of parliamentary life, the<br />
“ Avventure di Riccardo Joanna” is meant<br />
as a warning to would-be writers as to thorny<br />
path which awaits aspirants of the pen, “ Ul<br />
pacse della Cuccagna ” is a romance of Nea-<br />
politan life, and the “Paese di Gesu” is a book<br />
of reminiscences of a trip to Palestine, as<br />
‘“‘ Evviva la guerra!’ is an echo of the Italian<br />
war in Tripoli, and ‘‘ Sterminator Vesevo ” is<br />
a diary of the eruption of Vesuvius in April,<br />
1906.<br />
<br />
Though Matilde Serao has written many and<br />
lengthy volumes, I am going to make no<br />
apology for dwelling on three tiny books of<br />
hers which are not known generally, on account<br />
of the fact that, as yet, they have not been<br />
translated into English; they are: “ Ghi<br />
amanti,”’ ‘* Le amanti,”’ ‘‘ Lettere d’amore ”—<br />
Lovers (masculine), Beloved (feminine), and<br />
Love letters. Matilde Serao describes every<br />
form of love, but her own conviction is that<br />
in love there are more sufferers than sinners,<br />
more sorrow than joy; yet she believes the<br />
world is well lost for the sake of love. She<br />
goes even further in her analysis of this<br />
absorbing human passion, and compares it to<br />
a devouring flame which gives no respite, which<br />
knows no merey, which does not reason and<br />
which cannot be conquered, for even virtue+s<br />
<br />
<br />
<br />
<br />
JULY, 1914.]<br />
<br />
powerless against the devastating power of<br />
passionate love. In ‘Gli amanti” we en-<br />
counter the various forms of love, we are led<br />
into the intimacy of many hearts and are<br />
shown how the various souls of lovers feel<br />
love ; in this little book some love sensually.<br />
others idealise passion, some are true till death<br />
and even die for their love, others only find<br />
pleasure in change; some love with their<br />
heads, some with their hearts, others merely<br />
with their senses ; but they are all true to life<br />
not overdrawn nor toned down. :<br />
<br />
** Le amanti ”’ introduces us to various types<br />
of women in love. From these sketches I will<br />
quote a dialogue the directness of which is<br />
most appealing. It is summer, and a moon-<br />
light night, Massimo makes love to Luisa<br />
because he feels sentimental, and she falls<br />
desperately in love with him. He is her first<br />
love, but has to tell her he is in love with<br />
another, and this is what they say :—<br />
<br />
** Do you love her very much ? ”’<br />
<br />
“*Tlove her. When one loves, one loves<br />
<br />
‘** Have you loved her a long time ?”<br />
<br />
** A very long time.”<br />
<br />
“* Since when ? ”’<br />
<br />
“* Since always.”’<br />
<br />
“* Have you never loved any other ?<br />
<br />
“ No—never. There is a love that admits<br />
of no other.”<br />
<br />
Yet the woman whom he loved did not love<br />
him, as the following dialogue shows :—<br />
<br />
** Does she love you? ”<br />
<br />
ee No.”’<br />
<br />
“* She does not love you ?’<br />
<br />
*“ No, not at all.”<br />
<br />
“‘ Did she ever love you ?”’<br />
Never.”’<br />
<br />
“* Have you any hope ?’<br />
<br />
** None.”’<br />
<br />
‘““ Why does she not love you?”<br />
<br />
“‘ Because there are some people who never<br />
do love.”<br />
<br />
He knows he is only a toy, a slave, yet he<br />
cannot tear himself away for—such is love.<br />
<br />
‘““Tettere di amore” (Love letters) has a<br />
sub-title which explains their object, . I<br />
perché della morte,”” or ““Why love dies.’<br />
Matilde Serao thinks that to love completely<br />
it is necessary to love with heart, senses,<br />
nerves, and sentiments, therefore to logically<br />
love is to give oneself up entirely and be<br />
consumed by an overwhelming passion. Yet<br />
to do this is inevitably to give love its death-<br />
blow, for, having reached ecstasy, one can get<br />
no higher, nor stand still, therefore only by an<br />
eternal parting can one prevent love s dissolu-<br />
tion. Matilde Serao thinks that it 1s better to<br />
<br />
<br />
<br />
9<br />
<br />
.<br />
<br />
oe<br />
<br />
THE AUTHOR.<br />
<br />
<br />
<br />
285<br />
<br />
suffer cruelly through the disappearance of the<br />
beloved than to be tortured by lies and secret<br />
and vulgar betrayals of a dead love that vainly<br />
tries to keep alive only for pity’s sake. It is<br />
best for lovers to separate, to end the romance<br />
whilst still the rapture lasts, so that at least<br />
remembrance may survive of glorious days<br />
gone by, undimmed by the tepidity of the<br />
penultimate or the icy coldness of the last days.<br />
_ Matilde Serao gives us lovers and loves that<br />
linger on in our mind, and make us think ;<br />
they are all so real, we get to know them so<br />
intimately that our very heart beats with<br />
theirs. Matilde Serao should be read if only<br />
for this, that she has the gift of creating<br />
visions. On the tree of Love many flowers<br />
blossom, some sweetly perfumed, others seent-<br />
less, some brilliantly hued, others almost<br />
colourless, some exotic and intoxicating, others:<br />
appealing by their serene simplicity. In our<br />
hours of rest the flowers of remembrance<br />
blossom, and we can see again the faces we<br />
once loved, the radiant sunshine that long ago<br />
did play on our well-beloved’s tresses entwining<br />
them round our hearts, or, maybe, some<br />
cherished name written in letters of gold on a<br />
cloudless sky. The heritage of past raptures<br />
is an after-glow which warms the most lonely,<br />
the darkest places of our soul shedding a great<br />
light—for this, in the heyday of our lives, we<br />
should cultivate Love.<br />
E. S. Romero-TopEsco.<br />
<br />
——_<br />
<br />
<br />
<br />
MEMORIES OF MY YOUTH, 1844—1865.*<br />
<br />
—<br />
<br />
HERE are few literary forms in reality<br />
more difficult than autobiography. This<br />
<br />
is not the opinion of the generality of<br />
people, and the familiar assertion that every<br />
man has one book in him is usually understood<br />
to mean that the book in question would be<br />
a record of the writer’s personal feelings and<br />
experiences. In fact, however, that would be:<br />
very seldom likely to be the case ; for any able<br />
representation of a man’s self invariably<br />
presents formidable problems, and to arrive at<br />
any becoming solution of them demands no<br />
ordinary skill. For this reason Dr. Putnam's<br />
“Memories of my Youth” deserves high<br />
praise, and should meet with a wide welcome<br />
as a work in which the serious difficulties of<br />
autobiography have been most happily sur-<br />
<br />
Ce ee<br />
<br />
* By George Haven Putnam. G. Putnam’s Sons, New<br />
<br />
York and London. 1914.<br />
<br />
<br />
<br />
<br />
286<br />
<br />
mounted. Whilst the book is essentially<br />
autobiographical, its varied interests are very<br />
many, and will command the attention of<br />
numerous readers besides those actually and<br />
principally attracted by the story—a_ vivid<br />
one—of the earlier years of the writer's life.<br />
Ultimately it seems that the work will take<br />
the position of a middle volume of three,<br />
whereof the first will be Dr. Putnam's memoirs<br />
of his father (“‘ A Memoir of George Palmer<br />
Putnam”), and the third Dr. Putnam's<br />
promised ‘* Memoirs ofa Publisher.” :<br />
The present work is a record of Dr. Putnam's<br />
life from the date of his earliest recollections<br />
until the close of the Civil War into which the<br />
United States were plunged by differences of<br />
opinion about slavery. About one half of the<br />
book is devoted to the earlier years, the<br />
author’s sojourn in England in 1844, 1851 and<br />
1860, and his experiences as a student at Paris,<br />
Berlin, and Gottingen ; and about one half to<br />
the period of his service in the Civil War from<br />
September, 1862, to September, 1865. Those<br />
whose memories can extend to the earlier<br />
years of the narrative will, as they read, find<br />
long-ago recollections awakened by Dr. Put-<br />
nam’s allusions to such subjects as the Bloomer<br />
Movement, the Chartists, strange opinions<br />
regarding the possibilities of steamships and<br />
railways, the estimation in which the citizens<br />
of the United States were held in England<br />
sixty years ago; and not a few similar things<br />
that will recall impressions of years now—<br />
alas!—far away. The appeal of these pages of<br />
the work to the constantly diminishing few to<br />
whom they can appeal is so strong that it may<br />
be doubted whether they will read with equal<br />
interest any other part of the volume. Those,<br />
however, will be certainly more numerous who<br />
will be attracted by the pages next following,<br />
recording student’s experiences of a wide and<br />
varied kind. Of the latter half of the book the<br />
interest is mainly historical ; and the historical<br />
matter here contained will have an indelible<br />
interest, as that contemporary evidence of<br />
an. eye-witness which is the virgin gold of<br />
history. Dr. Putnam seems to think that<br />
from the purely intellectual point of view he<br />
was by no means altogether a gainer by his<br />
experiences in the Civil War. ‘I had lost,”’<br />
he writes, “‘ and was never to be in a position<br />
to regain, the opportunity for a college training.<br />
With a keen interest in literary and scholarly<br />
matters, I was obliged to do my later reading<br />
without the all-important foundation of the<br />
routine knowledge of Latin, of literary history,<br />
a Boneples of science, ete., which any<br />
youngster who has made a fair use of college<br />
<br />
THE AUTHOR.<br />
<br />
(JULY, 1914.<br />
<br />
facilities has ensured.’’ Nor does he consider<br />
these the only losses which his part in the war<br />
entailed. It would have been interesting to<br />
hear his opinion of the actual results of the<br />
settlement after the war, those problems which<br />
the emancipation of a prolific population of a<br />
lower grade of humanity has brought upon the<br />
United States. Of this, however, Dr. Putnam<br />
says nothing. The book contains also, quite<br />
naturally, but few and almost incidental<br />
allusions to the history of the well-known<br />
publishing house with which his name is<br />
associated. For information on that head we<br />
must await the ‘‘ Memoirs of a Publisher,”<br />
which Dr. Putnam promises ; which we most<br />
earnestly hope that he may find himself able<br />
to produce. The appearance of the work will<br />
be awaited with eager expectation.<br />
<br />
——___+_>_—____—_-<br />
<br />
J. M. SYNGE.*<br />
<br />
——~<> +<br />
<br />
MAURICE BOURGEOIS has<br />
<br />
<br />
<br />
NY / pro-<br />
A . duced a book upon John Milling-<br />
ton Synge which will, we fancy,<br />
<br />
remain for years to come an authoritative work<br />
upon the Irish dramatist’s life and art. There<br />
might, perhaps, with advantage—or, at least,<br />
with added pleasure to the reader—have been<br />
a little more about the personality of the man ;<br />
at the end of the book we feel that we have not<br />
penetrated far into that. There are, however,<br />
personalities which it is very hard to bring out<br />
upon paper, and it may be that Synge’s was<br />
one of these. Anyhow, great praise is due to<br />
M. Bourgeois for this “‘ essay ” (as he modestly<br />
calls it), and not the least for the excellent<br />
English in which it is written. Instinctively<br />
the reader looks for the translator’s name upon<br />
the title-page, so hard is it to realise that it is<br />
not an Englishman who handles the language<br />
so well.<br />
<br />
The plan of the book has been to take Synge<br />
in his early life—though he was not yet thirty-<br />
cight when he died—and trace the formative<br />
influences under which he passed, first in<br />
Ireland and then on the Continent of Europe,<br />
particularly in Paris ; next, to see how he came<br />
to write the works which made him famous ;<br />
and, finally, to deal with the works themselves<br />
in detail and to estimate their lasting value.<br />
<br />
We do not know that we can do fuller<br />
<br />
<br />
<br />
* “John Millington Synge and the Irish Theatre,” by<br />
Maurice Bourgeois (Constable & Co.).<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
JULY, 1914.] THE AUTHOR.<br />
<br />
justice to the book than by quoting some of<br />
the passages in which the author tries to show<br />
how the subject of his biography developed and<br />
into what he developed. We might quote<br />
much, but will restrict ourselves to four<br />
excerpts.<br />
<br />
Synge, says M. Bourgeois, ‘“‘ began by seeking<br />
self-expression in music and painting; but he<br />
found the fine arts too difficult or too vague.<br />
Next he turned to journalistic criticism ; again,<br />
he wandered over Ireland and wrote descriptive<br />
essays ; but these remained external attitudes.<br />
Synge, despite his intuitive methods, saw life<br />
through the often distorting prison of literature,<br />
or pictured his countrymen’s ways and doings<br />
necessarily from without. At last he placed<br />
himself at the core of existence by writing of<br />
himself in a few of his poems; and this inner<br />
mental development, always nearing life as it<br />
advanced, found its natural terminus in the<br />
drama.”<br />
<br />
Again, “his dramatic instinct he owed<br />
partly to the racial talent of the Irish, partly<br />
to his continental training, and partly to the<br />
environment which he found in Dublin. Yet,<br />
despite Mr. Yeats’s asseveration that * Mr.<br />
Synge is a young writer and a creation of our<br />
movement,’ he was not a product of the Abbey<br />
Theatre. It did not create him as it created<br />
others; nor did he create it. Personally he<br />
loathed the idea of ‘movements’ and of<br />
‘schools’; and in this, as in other cases, his<br />
individual independence may be safely vindi-<br />
cated.”<br />
<br />
It is a mistake to look upon Synge as a<br />
reformer. He revolted against dramatic<br />
didacticism. ‘‘ He compares the drama with<br />
the symphony—an analogy significant in a<br />
musician like him. Synge is not a man with<br />
a message who believes that the theatre 1s a<br />
‘criticism of life. He avowedly repudiates<br />
the ethical or sociological problem-play in-<br />
augurated by ‘ Ibsen and the Germans,’ who,<br />
it may be recalled, had found a few disciples<br />
among the early Abbey Theatre dramatists.<br />
He also, we think, implicitly alludes to the<br />
danger which threatens a self-styled national<br />
theatre: that of confusing the literary with<br />
the political standard, nationalist logic-chop-<br />
ping and propaganda with elgees Se<br />
Synge has no wish to change or re orm al<br />
thing ; his contention 1s that the oe ev =<br />
in a land of controversy like Irelan , mus<br />
remain in its purely artistic sphere. oe<br />
<br />
Finally, M. Bourgeois has no or t * ti<br />
Synge’s place in the front rank. re oo.<br />
confidently urged,” he says, tha y ae<br />
name is one of the chosen few that are bounc<br />
<br />
<br />
<br />
287<br />
<br />
to survive. Of course his body of work is a<br />
ere ou Sc Synge, after all, may be<br />
grudg palm given to the unique, meteoric<br />
geniuses that do mankind honour. . . . Yet no<br />
one will seriously contest that his writings<br />
bear the hall-mark of a signal literary ability<br />
and of an almost unprecedented temperament.<br />
. . . Whether he is to have actual literary<br />
disciples in English-speaking countries and<br />
elsewhere, the future will decide. As his case<br />
stands, however, with his strong, all-pervading<br />
personal note, he is not likely to find many<br />
imitators. . . . Synge’s mental and artistic<br />
idiosynerasy was almost exclusively his own<br />
while he lived ; now he is dead it will not, in<br />
all probability, become anyone else’s.”’<br />
<br />
It should be added that the book has a very<br />
full bibliography and other appendices of<br />
value to the student ; and that it has a number<br />
of illustrations. In a few cases the reproduc-<br />
tion of the photographs is not very good, but<br />
the portraits are mostly excellent.<br />
<br />
————_or-e<e—__-<br />
<br />
CORRESPONDENCE.<br />
<br />
———1+ ——<br />
COLONIAL SALES.<br />
<br />
Srr,—As I have just returned from a some-<br />
what prolonged visit to Australia and South<br />
Africa, I found the article headed “ Australian<br />
Book Rights,’ in the June number of The<br />
Author, particularly interesting. While in the<br />
Commonwealth I made a special point of going<br />
through all the principal book shops in such<br />
cities as Melbourne, Sydney, Adelaide, and<br />
Perth. In each one of them I gathered<br />
precisely the same impression : books issued<br />
by English publishing houses were | being<br />
steadily ousted by books published in the<br />
United States.<br />
<br />
Now, while it is true, of course, that Austra-<br />
lians are a highly democratic people, and much<br />
<br />
hods and progress,<br />
<br />
interested in American metl<br />
it is, in my opinion, also true that consideration<br />
of the matter contained in American<br />
English books has but very slightly S05 L<br />
Australia’s exceedingly marked preference fox<br />
the former. It may seem far-fetched, but it<br />
is, I believe, a fact that American pee are<br />
selling mainly upon their covers 11 — .<br />
to-day ; and, by that token, Bnei a<br />
are going unsold, chiefly by reason 0 ” . in<br />
Australian eyes, must be admitted to be their<br />
<br />
unattractive get-up-<br />
<br />
<br />
<br />
<br />
288<br />
<br />
It was pointed out to me by a dozen well-<br />
established booksellers in Australia that<br />
American books were a notable asset in<br />
“ window-dressing’”’; and that the reverse<br />
was true of most books issued by English<br />
publishers. In considering this it would, of<br />
course, be highly absurd for an author to apply<br />
the standards of his own individual taste. He<br />
may very properly prefer a quiet, neat cover<br />
for his book, paper with a dull surface, and no<br />
illustrations or decorations. Quite so, Well,<br />
Australian book buyers, and—mark this point<br />
_—Australian booksellers, prefer gaily coloured<br />
picture covers, highly glazed paper, plentiful<br />
decoration and illustrations, and, it may be,<br />
gilt tops. The American publisher provides<br />
all this, whilst the English publisher in very<br />
many cases prefers to supply in his “ Colonial<br />
edition ’—Australians detest that phrase—a<br />
format somewhat more drab and unexciting<br />
than he uses for his English editions.<br />
<br />
In these circumstances I have not the<br />
smallest doubt that if a given novel, say, were<br />
issued in Australia in two forms simultaneously,<br />
one the typical English production, the other<br />
the typical American production, one hundred<br />
copies of the latter would be sold for every<br />
single copy sold of the former. The one<br />
would be prominently displayed; the other,<br />
if stocked at all, hidden away on a top shelf.<br />
All this is not very pleasant for those of us who<br />
endeavour to live by means of our work as<br />
English writers. It is, I believe, strictly true.<br />
<br />
Here is another point which should have<br />
some interest for English novelists. While in<br />
Australia, I happened upon a sixpenny edition<br />
(published in London) of a book of Mr. Arnold<br />
Bennett’s which I had never read. I bought it<br />
and enjoyed it immensely. It is a delightful<br />
piece of satire, having special interest for<br />
novelists. Since my return I have asked for<br />
that book in fully twenty large book shops, in<br />
London, Brighton, Eastbourne, ete., always<br />
without success. The other day I asked for it<br />
in a large Holborn shop, and having received<br />
the accustomed reply, I ventured upon an<br />
expression of surprise. The assistant politely<br />
told me he thought I was mistaken. He could<br />
not remember any work of fiction by Mr.<br />
Arnold Bennett having that title. I asked<br />
him to look it up in a catalogue. He did so,<br />
and found the title. Then he explained his<br />
ignorance of the book in this way: ‘‘ Ah, yes<br />
here itis. But I see it is published by Messrs.<br />
<br />
The terms they give booksellers are so<br />
very poor that we only obtain their books<br />
Noon ao ordered. i shall be glad to get<br />
<br />
you and post it on.”” And he did. But<br />
<br />
<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
|<br />
<br />
/author who lunches with his publisher is a<br />
<br />
<br />
<br />
(JULY, 1914,<br />
<br />
if that is the position in the case of a novelist<br />
with a big vogue, what of the selling chances<br />
for lesser known men ?<br />
I am, Sir, yours faithfully,<br />
A. J. Dawson.<br />
<br />
a a a ae<br />
AutHuors AND AGREEMENTS.<br />
Srr,—Mr. Shaw has, I believe, said that any<br />
<br />
nincompoop, and the general trend of your<br />
advices in The Author is to the effect that, if<br />
authors will simply be businesslike, all will<br />
be simple for them; if they will not be, they<br />
deserve a miserable fate. But life is not so<br />
simple and clear-cut, especially for a young<br />
author. His first play or his great novel may<br />
be appreciated by a producer or a publisher<br />
with whom he has been previously brought<br />
into friendly contact through artistic sympathy,<br />
for there are producers and publishers with<br />
artistic sympathy. Directly this friend says<br />
he will risk the work, is the author to retire<br />
into his shell, to pore over his agreements<br />
with a lynx-eye, to keep the friendly and the<br />
practical parts of his nature severely separate ?<br />
No doubt he ought to. But, in the first place,<br />
the artistic nature, of all natures, is least able<br />
to do this, and, secondly, art is the sphere in<br />
which it is least easy as yet for anybody at all<br />
to do this. Business men can carry through<br />
keen transactions and not offend each other,<br />
because to them the atmosphere is natural,<br />
and because they have behind them all the<br />
tradition summed up in “‘ Business is business.”<br />
The keenest of caution is not taken by the other<br />
party as a reflection on his honesty. But the<br />
artist, just because he hates the job, imparts<br />
an air of distrust to his suggestions, and, in<br />
his turn, the editor, publisher, or producer,<br />
likes the personal relationship. To show how<br />
partially literary business houses have absorbed<br />
the business tradition, I once went over from<br />
the publisher of a play of mine to a most<br />
highly respected establishment which I had<br />
asked to become agents for the amateur rights.<br />
In their previous letter accepting this agency<br />
they had penned some wording which did not<br />
look to me sound, and, on the advice of a pub-<br />
lisher, I asked for an alteration of the wording<br />
and for a stamped agreement. I got both,<br />
but I learnt afterwards that the representative<br />
of the firm thought I had been accusing him<br />
of the intention to steal. He thought the<br />
whole matter was so trivial that he did not<br />
think it worth business crispness, and the<br />
personal element had entered, since a mutual<br />
friend had recommended me to ask this firm<br />
<br />
<br />
<br />
<br />
<br />
<br />
JULY, 1914.]<br />
<br />
to be my agent. I am no business man. It<br />
would be a nice point in psychology to deter-<br />
mine what I did actually think when this<br />
gentleman was unwilling to bother about<br />
an agreement over my trifling play. But in<br />
real business, men have conveniently invented<br />
the convention by which neither party is<br />
supposed to be thinking of the likelihood of<br />
the other cheating, the convention of merely<br />
being “ businesslike.’’ In fact, my agent had<br />
no right at all to wonder what I ‘‘ was at ”’ in<br />
demanding an agreement.<br />
<br />
Another case which happened to me was<br />
in regard to the editor of a newspaper. I<br />
wrote saying that as I contributed articles<br />
fairly often I should like an agreement<br />
according to which I should be paid the regular<br />
sum for each article. He wrote back intro-<br />
ducing the personal element, and leaving me<br />
with nothing to do but to apologise for having<br />
east reflections on his honour. And what<br />
was the result? Not six months later an<br />
article commissioned by him and written by<br />
me appeared in a part of his paper not usually<br />
devoted to articles and I was paid _ half<br />
price. I protested, and he told me, quite<br />
friendly, that he understood that the higher<br />
price was for articles printed on the regular<br />
page. Perhaps, even with my agreement,<br />
this contention would have held good ; never-<br />
theless it was to avoid this sort of occurrence<br />
that I had asked for the agreement. To<br />
conclude the story, he said that next month<br />
he would make good the sum—at least his<br />
vague wording seemed to imply this—and<br />
would also pay for a second article for which<br />
he had as yet paid nothing at all, and he made<br />
out that I should thus be getting “ twice as<br />
much as I ought to get.” And in the result<br />
he paid full price for the second article and<br />
did not pay the extra for the first, and no<br />
doubt he still thinks that he overpaid me,<br />
whereas I think I am owed money by him.<br />
If I had written again he would probably<br />
have been so irritated as to take less articles<br />
than before, and yet the whole thing might<br />
have been avoided by strict business on his<br />
part. Editors drive one mad by insisting on<br />
one’s interpreting what business wishes they<br />
have ; they themselves tear their hair at us<br />
unpractical authors; yet they introduce<br />
muddle themselves by insisting on retaining<br />
a patronising, personal position. At least this<br />
particular editor does. : : e<br />
<br />
Writing as a business 1s only just cing<br />
born; its etiquette is not yet formed; an<br />
so procedure is difficult. I have no intention<br />
whatever of casting the slightest imputation<br />
<br />
THE AUTHOR.<br />
<br />
<br />
<br />
289<br />
<br />
on the credit of my editor; yet, generally<br />
speaking, one’s caution is born of a fear of<br />
rogues, and when one applies it to a particular<br />
case, the particular case thinks he is being<br />
feared as arogue. Of course one can sometimes<br />
explain that his business may pass into other<br />
hands, but this is not universally so, and so<br />
long as business keenness is thought unnatural<br />
between literary friends, I for one shall never be<br />
comfortable in applying it to some men who are<br />
among my closest and most intimate friends.<br />
Lronarp INKSTER.<br />
<br />
THE Price oF PAPER.<br />
<br />
L<br />
<br />
Dear Srr,—I have consulted an expert in<br />
paper re C. F. Moxon’s query. The answer is:<br />
It is difficult to pronounce absolutely without<br />
seeing the paper. Thinner paper is often<br />
better because more calendered. Thicker may<br />
be loaded, but some of the thick used is of good<br />
quality. Thin paper is often the dearest.<br />
One knows the quality of paper by handling it,<br />
and good paper makes a clear tear, not jagged.<br />
<br />
M. Montgomery CAMPBELL.<br />
<br />
i<br />
<br />
Dear S1r,—In reply to Mr. C. F. Moxon’s<br />
letter re the above subject in your last issue,<br />
this is a somewhat disturbing factor in the<br />
present, production of books. Paper nowadays<br />
has not the strength or enduring quality that<br />
it formerly possessed, for there are now so<br />
many substitutes for linen or cotton, which<br />
were practically the only materials then<br />
used, and which were naturally more<br />
expensive to manufacture. The craving for<br />
cheap literature has necessitated the employ-<br />
ment of cheaper substitutes—grass, wood and<br />
‘what not which are usually of a so-called<br />
*‘ antique”? character as regards finish. The<br />
public will sometimes appraise & volume by its<br />
bulk rather than by its literary contents, and<br />
unfortunately a few publishers have been<br />
guided by this demand for quantity rather ae<br />
quality by issuing books printed on this thick,<br />
soft, and spongy paper which is objectionable<br />
in more than one respect. a<br />
<br />
For proofs printers usually employ a thinnis<br />
paper of a closer texture so that postage may<br />
be saved but sufficiently hard to carry<br />
pen and ink in correcting the proof. The<br />
actual difference in cost between such paper<br />
and the thicker and softer paper complained<br />
<br />
<br />
<br />
<br />
<br />
<br />
290<br />
of is probably little, if any, but it depends<br />
on the precise weight and not substance.<br />
Your correspondent may, however, take it<br />
that the market value per pound may be about<br />
the same, but by varying the material and<br />
especially by regulating the finish it is possible<br />
that one kind may be made to bulk at least<br />
50 per cent. more, although the two papers In<br />
the ream may be of equal weight.<br />
<br />
Perhaps later on I may be allowed to deal<br />
with this subject more fully.<br />
<br />
I am, yours faithfully,<br />
~ Cuas. T. JAcoBi.<br />
<br />
PUBLISHERS’ REFUSALS.<br />
<br />
Srr,—We hear from successful writers that<br />
publishers and editors are anxious to receive<br />
good work, that introductions are unnecessary,<br />
and that there is a market for the writer who<br />
has some show of power.<br />
<br />
I should like to ask the opinion of your<br />
readers upon this, stating my own case in<br />
order to contradict this idea.<br />
<br />
My first book found a publisher after a<br />
weary round, it was a failure in ‘six shilling<br />
form,” but as a shilling book sold fairly well.<br />
It had received more than ordinarily good and<br />
lengthy reviews. The net gain to me has been<br />
nil. This for various causes.<br />
<br />
The second book, still unpublished, is “ full<br />
of power,” according to the publishers, ** but<br />
not suitable for the reading fare of young girls,”<br />
therefore, since apparently young girls are<br />
the sole public, the book has failed to find a<br />
home.<br />
<br />
The third book, also refused many times, is<br />
still more puzzling. A well-known publisher<br />
states: ‘‘It has merit, but I doubt its selling pro-<br />
perties.” A still better known firm returns it,<br />
together with its reader’s opinion, in which<br />
the reader states: “‘A clever sort of tale,<br />
characters rather unusual, considerable merit<br />
and cleverness, yet I cannot recommend it as<br />
a promising financial venture.” With sensa-<br />
tional fiction it is the same. One story has<br />
been returned to me as ‘‘ Too dramatic, will<br />
I write something milder?’ a second is de-<br />
seribed as, “ Plot very interesting, the story<br />
very well handled, but not quite the type of<br />
story required, will I write something else ? ”’<br />
a third is, “* Good of its sort but too fantastic,”<br />
Se ie ere<br />
<br />
ne my work with any<br />
greater success, although each agent states<br />
that the work is good.<br />
<br />
THE AUTHOR.<br />
<br />
(JULY, 1914.<br />
<br />
Of course, publisher’s, editor’s and agent's<br />
may be soothing rejections, but, as a rule,<br />
they are not so careful of the lacerated feeling<br />
of authors, and I am coming to the conclusion<br />
that chance has more to do with mild success<br />
than even merit.<br />
<br />
Yours truly,<br />
“A Very UnsuccessFUL WRITER.”<br />
<br />
<br />
<br />
—+——<br />
<br />
Humours oF Lirerary JUDGMENT.<br />
<br />
<br />
<br />
Dear Str,—In a spirit of exploration, and<br />
perhaps a hope of nobbling the prize, I recently<br />
entered a competition in connection with a<br />
magazine which was offering £50 for the best<br />
short story. Along with your MS. you had<br />
to send up 2s. 6d. for which, in case you were<br />
unsuccessful, you received expert literary<br />
advice on your failure. I did not win anything,<br />
and along with my returned MS. I gota letter<br />
which was well worth the half-crown, though<br />
perhaps not in the sense in which the sapient<br />
critic meant it should be. The fun of it lies<br />
in the fact that the literary adviser says my<br />
‘‘ English is a little shaky . . . there is room<br />
for improvement in style,” and proceeds to<br />
teach me by writing his letter in English of this<br />
sort, the following being faithful quotations,<br />
‘The heroine is presented, as perhaps you<br />
intend she to be, as rather vain,” ete. ~ Select<br />
some more elaborate plot that will give you<br />
better opportunities for elaboration.” (The<br />
italics are not in the original.)<br />
<br />
There, in one short letter, the literary adviser<br />
commits one glaring instance of awful grammar<br />
and repeats one word,—and a elumsy and<br />
inadequate word at that—in two lines.<br />
<br />
And all the while setting up as one who is<br />
qualified to instruct the young author how to<br />
write English !<br />
<br />
Truly yours,<br />
SMILER.<br />
<br />
— ++ —<br />
<br />
Tuatr Baker’s DozEN AGAIN.<br />
<br />
Str,—If English publishers will retain that<br />
absurd “13 to count as 12,” so far as sales are<br />
concerned, ought they not in common justice<br />
to adopt a lke enumeration so far as the<br />
author’s “rights to purchase copies at trade<br />
price ’’ are concerned ?<br />
<br />
It is trivial ; but the trivialities seem always<br />
<br />
to rebound to the benefit of one side.<br />
Yours faithfully, :<br />
ARNOLD HAULTAIN.<br />
<br />
<br />
<br />
<br />
<br />
<br />
SI6T<br />
<br />
<br />
<br />
‘y16r “yYovyW “AOHLAV AHL<br />
<br />
<br />
<br />
-I6L “IINadV @O AVG 87 HHL INIONANWOO<br />
<br />
<br />
<br />
‘LOV LHDIMAdOO GNVIVAZ MAN WH<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
—<br />
<br />
2 IS OUI 99<br />
<br />
10.<br />
ll.<br />
12.<br />
13.<br />
<br />
14,<br />
15.<br />
16.<br />
17.<br />
<br />
18.<br />
19.<br />
20.<br />
<br />
21.<br />
<br />
22.<br />
<br />
23.<br />
" Provisions as to Government p<br />
<br />
<br />
<br />
NEW<br />
<br />
ZHALAND.<br />
<br />
<br />
<br />
COPY RIGHE,<br />
<br />
ANALYSIS.<br />
<br />
Title.<br />
Short title and commencement.<br />
Interpretation.<br />
<br />
PART L<br />
CopyRigHt.<br />
<br />
Rights.<br />
Copyright.<br />
<br />
. No copyright except as provided by this Act.<br />
<br />
Infringement of copyright.<br />
Term of copyright.<br />
<br />
. Compulsory licenses.<br />
<br />
Ownership of copyright, &c.<br />
Civil Remedies.<br />
<br />
Civil remedies for infringement of copyright.<br />
<br />
Rights of owner against persons possessing<br />
or dealing with infringing copies, &c.<br />
<br />
Exemption of innocent infringer from liability<br />
to pay damages, &c.<br />
<br />
Restriction on remedies in the case of archi-<br />
tecture.<br />
<br />
Limitation of actions.<br />
<br />
Summary Remedies.<br />
<br />
Summary offences.<br />
Permitting unauthorized performances.<br />
<br />
Search-warrant. .<br />
Owner of performing-right may forbid per-<br />
<br />
formance in infringement of right.<br />
<br />
Application of fines. :<br />
Limitation of summary proceedings.<br />
Certain provisions not to apply to works of<br />
<br />
architecture.<br />
Importation of Copies.<br />
Importation of infringing copies. Repeal.<br />
<br />
Special Provisions a8 to certain Works.<br />
<br />
Works of joint authors.<br />
Posthumous works.<br />
<br />
ublications.<br />
<br />
25.<br />
26.<br />
27.<br />
28.<br />
29.<br />
30.<br />
<br />
31.<br />
32.<br />
<br />
33.<br />
<br />
34.<br />
35.<br />
36.<br />
Si<br />
38.<br />
39.<br />
40.<br />
41.<br />
42.<br />
43.<br />
44,<br />
45.<br />
46.<br />
47.<br />
48.<br />
<br />
49.<br />
<br />
50.<br />
51.<br />
52.<br />
<br />
53.<br />
54, Repeals.<br />
<br />
Provisions as to mechanical instruments.<br />
Provision as to political speeches.<br />
Provisions as to photographs.<br />
Reciprocal protection of copyright.<br />
Provisions as to Orders in Council.<br />
<br />
Provisions as to designs registrable under the<br />
Patents, Designs, and Trade-marks Act.<br />
Works of foreign authors first published in<br />
<br />
New Zealand.<br />
Existing works.<br />
<br />
PART II.<br />
<br />
INTERNATIONAL COPYRIGHT.<br />
<br />
Power to extend Act to foreign works.<br />
<br />
PART III.<br />
CoryRiaut OFFICE.<br />
<br />
Registrar of Copyright. Copyright Office.<br />
<br />
Deputy Registrar.<br />
<br />
Seal.<br />
<br />
Fees.<br />
<br />
Registration optional.<br />
<br />
Copyright Registers.<br />
<br />
Mode of registration.<br />
<br />
Registration of assignments, &c.<br />
<br />
How registration is to be effected.<br />
<br />
Registration of work published in a series.<br />
<br />
Trusts not registered.<br />
<br />
Register to be evidence.<br />
<br />
Certified copies.<br />
<br />
Public inspection of registers.<br />
<br />
Correction of register.<br />
<br />
Rectification of register by the Court.<br />
<br />
Copies to be delivered on registration.<br />
<br />
False representation to Registrar.<br />
<br />
Copies to be delivered to General Assembly<br />
Library.<br />
<br />
Power to make regulations.<br />
<br />
Schedules.<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 />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
No. 4 oF 1913.<br />
AN ACT RELATING TO COPYRIGHT.<br />
[22nd November, 1913.]<br />
<br />
Be 1 ENACTED by the General Assembly of New Zealand in Parliament<br />
assembled, and by the authority of the same, as follows :—<br />
<br />
Short title 1. This Act may be cited as the Copyright Act, 1918, and shall commence<br />
and com: ,, on the first day of April, nineteen hundred and fourteen.<br />
<br />
Interpreta- 2.—(1.) In this Act, unless the context otherwise requires,—<br />
tion. “ Literary work ” includes maps, charts, plans, tables, and compilations :<br />
<br />
“Dramatic work” includes any piece for recitation, choreographic<br />
work or entertainment in dumb show, the scenic arrangement or<br />
acting-form of which is fixed in writing or otherwise, and any cine-<br />
matograph production where the arrangement or acting-form or<br />
the combination of incidents represented gives the work an original<br />
character :<br />
<br />
“ Artistic work ” includes works of painting, drawing, sculpture, and<br />
artistic craftsmanship, and architectural works of art, and engravings,<br />
and photographs :<br />
<br />
‘Work of sculpture ” includes casts and models :<br />
<br />
“ Architectural work of art ’? means any building or structure having an<br />
artistic character or design, in respect of such character or design,<br />
or any model for such building or structure; provided that the<br />
protection afforded by this Act shall be confined to the artistic<br />
character and design, and shall not extend to processes or methods<br />
of construction :<br />
<br />
‘“‘Engravings ”’ include etchings, lithographs, woodcuts, prints, and<br />
other similar works not being photographs :<br />
<br />
‘Photograph ” includes photo-lithograph and any work produced by<br />
any process analogous to photography :<br />
<br />
‘* Cinematograph ” includes any work produced by any process analogous<br />
to cinematography :<br />
<br />
“ Collective work ’”? means—<br />
<br />
(a) An encyclopedia, dictionary, year-book, or similar work ;<br />
<br />
(b) A newspaper, review, magazine, or similar periodical ; and<br />
<br />
(c) Any work written in distinet parts by different authors,<br />
or in which works or parts of works of different authors are<br />
incorporated :<br />
<br />
‘‘ Infringing,’’ when applied to a copy of a work in which copyright<br />
subsists, means any copy, including any colourable imitation, made<br />
or imported in contravention of the provisions of this Act :<br />
<br />
“* Performance ’’ means any acoustic representation of a work, and any<br />
visual representation of any dramatic action in a work, including<br />
<br />
such a representation made by means of any mechanical instrument :<br />
<br />
<br />
I<br />
<br />
ve<br />
<br />
<br />
<br />
fe)<br />
<br />
““ Delivery,” in relation to a lecture, includes delivery by means of any<br />
mechanical instrument :<br />
<br />
** Plate” includes any stereotype or other plate, stone, block, mould,<br />
matrix, transfer, or negative used or intended to be used for printing<br />
or reproducing copies of any work, and any matrix or other appliance<br />
by which records, perforated rolls, or other contrivances for the<br />
acoustic representation of the work are or are intended to be made:<br />
<br />
** Lecture ’’ includes address, speech, and sermon :<br />
<br />
“* Court of summary jurisdiction ’> means a Magistrate or two or more<br />
Justices exercising jurisdiction under the Justices of the Peace<br />
Act, 1908.<br />
<br />
(2.) Except for the purposes of infringement of copyright, a work shall not be<br />
deemed to be published or performed in public, and a lecture shall not be deemed<br />
to be delivered in public, if published, performed in public, or delivered in public<br />
without the consent or acquiescence of the author, his executors, administrators,<br />
or assigns.<br />
<br />
(3.) For the purposes of this Act a work shall be deemed to be first published<br />
in New Zealand notwithstanding that it has been published simultaneously in<br />
some other place, unless the publication in New Zealand is colourable only and<br />
is not intended to satisfy the reasonable requirements of the public ; and a work<br />
shall be deemed to be published simultaneously in two places if the time between<br />
the publication in one such place and the publication in the other place does not<br />
exceed fourteen days, or such longer period as may for the time being be fixed by the<br />
<br />
Governor in Council.<br />
<br />
(4.) Where, in the case of an unpublished work, the making of a work has<br />
<br />
extended over a considerable period the conditions of this Act conferring copyright<br />
shall be deemed to have been complied with if the author was during any substantial<br />
part of that period a British subject or resident in New Zone.<br />
<br />
(5.) For the purposes of the provisions of this Act as to residence, an author<br />
of a work shall be deemed to be a resident in New Zealand if he is domiciled<br />
<br />
therein.<br />
<br />
PART I.—CopyricuHt.<br />
<br />
Rights.<br />
<br />
f this Act, copyright shall subsist in New<br />
<br />
3.—(1.) Subject to the provisions © ee<br />
<br />
Zealand for the term hereinafter mentioned in every original literary,<br />
musical, and artistic work if—<br />
(a) In the case of a publishe<br />
eee lished k, the autho<br />
b) In the case of an unpublished work, th oe’ ee de oat<br />
. making of the work a British subject or resident in New ok o<br />
but in no other works, except so far as the protection conferred by this Act 1s<br />
extended by the Governor in Council pursuant to this Act. . sa<br />
(2.) For the purposes of this Act “‘ copyright *’ means the sole right to produ<br />
<br />
Pp y cl pe<br />
or re roduce the Ww rk or an substantial art<br />
Ww<br />
<br />
d work, the work was first published in New<br />
<br />
r was at the date of the<br />
<br />
the case of a lecture<br />
<br />
<br />
<br />
<br />
<br />
Copyright.<br />
<br />
<br />
<br />
<br />
and if the work is unpublished, to publish the work or any<br />
and shall include the sole right—<br />
<br />
e, perform, or publish any translation of the work ;<br />
atie work, to convert it into a novel or other non-<br />
<br />
part thereof in public ;<br />
<br />
substantial part thereof ;<br />
<br />
(a) To produce, reproduc<br />
<br />
(b) In the case of a dram<br />
dramatic work ;<br />
<br />
(c) In the case of a nove<br />
to convert it into a dramatic work by way of performance In public<br />
<br />
1 or other non-dramatic work, or of an artistic work,<br />
<br />
or otherwise ;<br />
(d) In the case of a literary, dramatic, or musical work, to make any record,<br />
<br />
perforated roll, cinematograph film, or other contrivance by means<br />
of which the work may be mechanically performed or delivered ;<br />
and to authorize any such acts as aforesaid.<br />
<br />
(3.) For the purposes of this Act “ publication ” in relation to any work means<br />
the issue of copies of the work to the public, and does not include the performance<br />
in public of a dramatic or musical work, the delivery in public of a lecture, the<br />
exhibition in public of an artistic work, or the construction of an architectural<br />
work of art, but for the purposes of this provision the issue of photographs and<br />
engravings of works of sculpture and architectural works of art shall not be deemed<br />
<br />
to be publication of such works.<br />
<br />
No copyright 4. No person shall be entitled to copyright or any similar right in any literary,<br />
<br />
eed “ dramatic, musical, or artistic work, whether published or unpublished, otherwise<br />
this Act. than under and in accordance with the provisions of this Act or of any other<br />
<br />
statutory enactment for the time being in force ; but nothing in this section<br />
shall be construed as abrogating any right or jurisdiction to restrain a breach of<br />
<br />
trust or confidence.<br />
<br />
Infringement 5,—(1.) Copyright in a work shall be deemed to be infringed by any person<br />
ae aoe who, without the consent of the owner of the copyright, does anything the sole<br />
right to do which is by this Act conferred on the owner of the copyright :<br />
<br />
Provided that the following acts shall not constitute an infringement of<br />
<br />
copyright :—<br />
<br />
(a) Any fair dealing with any work for the purposes of private study, research,<br />
criticism, review, or newspaper summary :<br />
<br />
(b) Where the author of an artistic work is not the owner of the copyright<br />
therein, the use by the author of any mould, cast, sketch, plan, model,<br />
or study made by him for the purpose of the work, provided that he<br />
does not thereby repeat or imitate the main design of that work :<br />
<br />
(c) The making or publishing of paintings, drawings, engravings, or photo-<br />
graphs of a work of sculpture or artistic craftsmanship, if permanently<br />
situate in a public place or building, or the making or publishing of<br />
paintings, drawings, engravings, or photographs (which are not in the<br />
nature of architectural drawings or plans) of any architectural work of<br />
art :<br />
<br />
(d) The publication in a collection, mainly composed of non-copyright<br />
matter, bond fide intended for the use of schools, and so described in<br />
the title and in any advertisements issued by the publisher, of short<br />
passages from published literary works not themselves published for<br />
<br />
the use of schools in which copyright subsists :<br />
<br />
<br />
<br />
<br />
<br />
<br />
(¥)<br />
<br />
Provided that not more than two of such passages from works by the<br />
same author are published by the same publisher within five years,<br />
and that the source from which such passages are taken is acknowledged :<br />
<br />
(e) The publication in a newspaper of a report of a lecture delivered in<br />
<br />
public, unless the report is prohibited by conspicuous written or printed<br />
notice affixed before and maintained during the lecture at or about<br />
the main entrance of the building in which the lecture is given, and,<br />
except whilst the building is being used for public worship, in a position<br />
near the lecturer; but nothing in this paragraph shall affect the pro-<br />
visions in paragraph (a) as to newspaper summaries :<br />
<br />
(f) The reading or recitation in public by one person of any reasonable extract<br />
<br />
from any published work.<br />
<br />
(2.) Copyright in a work shall also be deemed to be infringed by any person<br />
who—<br />
<br />
(a) Sells or lets for hire, or by way of trade exposes or offers for sale or<br />
<br />
hire; or<br />
<br />
(b) Distributes either for the purposes of trade or to such an extent as to<br />
<br />
affect prejudicially the owner of the copyright ; or<br />
<br />
(c) By way of trade exhibits in public ; or<br />
<br />
(d) Imports for sale or hire into New Zealand,<br />
any work which to his knowledge infringes copyright or would infringe copyright<br />
if it had been made in New Zealand.<br />
<br />
(3.) Copyright in a work shall also be deemed to be infringed by any person<br />
who for his private profits permits a theatre or other place of entertainment to<br />
be used for the performance in public of the work without the consent of the owner<br />
of the copyright, unless he was not aware, and had no reasonable ground for<br />
suspecting, that the performance would be an infringement of copyright.<br />
<br />
6. The term for which copyright shall subsist shall, except as otherwise<br />
expressly provided by this Act, be the life of the author and a period of fifty<br />
years after his death: . a<br />
<br />
Provided that at any time after the expiration of twenty-five years, or in<br />
the case of a work in which copyright subsists at the commencement of this ><br />
thirty years, from the death of the author of a published work, od idee<br />
emed to be infringed by the reproduction of the work for sale i<br />
ing the work proves that he has given the prescribed notice<br />
oduce the work, and that he has paid in the pre-<br />
refit of the owner of the copyright, royalties in<br />
calculated at the rate of ten per centum<br />
and for the purposes of this proviso<br />
<br />
work shall not be de<br />
the person reproduc<br />
in writing of his intention to repr<br />
scribed manner, to or for the ber i<br />
respect of all copies of the work sold by him,<br />
<br />
i rhie 2 ishes the work ; ey<br />
<br />
on the price at w hich he publish . ee a<br />
<br />
the Governor ma b Order in Council gazetted, make regulations p g<br />
. y, DY<br />
<br />
the mode in which notices are to be given, and the particulars to : given : os<br />
i i é quency of the payment of royalties, including<br />
notices, and the mode, time, and frequency ~~<br />
(if he thinks fit) regulations requiring payment in advance or otherwise securing<br />
the payment of royalties. | :<br />
” Tf at any time after the death of the author of a literary, eoree! or<br />
. 4 vy : : .<br />
musical work Guick has been published or performed in public a gt aint i<br />
rit ie the Judicial Committee of the Privy Council that the owner of the copy<br />
<br />
<br />
<br />
Term of<br />
copyright.<br />
<br />
Compulsory<br />
licenses.<br />
<br />
<br />
<br />
<br />
<br />
Ownership of<br />
copyright,<br />
&e.<br />
<br />
<br />
<br />
<br />
<br />
publish or to allow the republication of the work,<br />
ance in public of the work, and that by reason<br />
of such refusal the work is withheld from the public, the owner of the copyright<br />
may be ordered to grant a license to reproduce the work or perform the work in<br />
public, as the case may be, on such terms and subject to such conditions as the<br />
<br />
said Court may think fit.<br />
<br />
right in the work has refused to re<br />
or has refused to allow the perform<br />
<br />
8.—(1.) Subject to the provisions of this Act the author of a work shall be<br />
the first owner of the copyright therein :<br />
Provided that—<br />
(a) Where, in the case of an engraving, photograph, or portrait, the plate<br />
or other original was ordered by some other person, and was made<br />
for valuable consideration in pursuance of that order, then, in the<br />
<br />
absence of any agreement to the contrary, the person by whom such<br />
<br />
plate or other original was ordered shall be the first owner of the<br />
<br />
copyright ; and<br />
<br />
(b) Where the author was in the employment of some other person under<br />
a contract of service or apprenticeship, and the work was made in<br />
the course of his employment by that person, the person by whom the<br />
author was employed shall, in the absence of any agreement to the<br />
contrary, be the first owner of the copyright ; but where the work is<br />
an article or other contribution to a newspaper, magazine, or similar<br />
periodical, there shall, in the absence of any agreement to the contrary,<br />
be deemed to be reserved to the author a right to restrain the publication<br />
of the work, otherwise than as part of a newspaper, magazine, or<br />
similar periodical.<br />
<br />
(2.) The owner of the copyright in any work may assign the right, either<br />
wholly or partially, and cither for the whole term of the copyright or for any part<br />
thereof, and may grant any interest in the right by license ; but no such assignment<br />
or grant shall be valid unless it is in writing signed by the owner of the right in<br />
respect of which the assignment or grant is made, or by his duly authorized<br />
agent :<br />
<br />
Provided that where the author of a work is the first owner of the copyright<br />
therein no assignment of the copyright, and no grant of any interest therein<br />
made by him (otherwise than by will) after the commencement of this Act, shall<br />
be operative to vest in the assignee or grantee any rights with respect to the copy-<br />
‘right in the work beyond the expiration of twenty-five years from the death<br />
of the author, and the reversionary interest in the copyright expectant on the<br />
termination of that period shall, on the death of the author, notwithstanding<br />
any agreement to the contrary, devolve on his legal personal representatives<br />
as part of his estate, and any agreement entered into by him as to the disposition<br />
<br />
of such reversionary interest shall be null and void; but nothing in this proviso<br />
shall be construed as applying to the assignment of the copyright in a collective<br />
work, or a license to publish a work or part of a work as part of a collective work.<br />
<br />
(3.) Where, under any partial assignment of copyright, the assignee becomes<br />
entitled to any right comprised in copyright, the assignee as respects the right so<br />
assigned, and the assignor as respects the rights not assigned, shall be treated<br />
<br />
<br />
<br />
<br />
[ e)<br />
<br />
for the purposes of this A<br />
ses s Act as the owner of the copyri e provisi<br />
of this Act shall have effect accordingly. a<br />
<br />
Civil Remedies.<br />
<br />
ae loaded been infringed the owner of the<br />
<br />
remedies by Wey of fnninetion agit a nee: ee _ ee<br />
<br />
a, ot Seect 8 S, a es and otherwise, as are or may be<br />
J gement of a right.<br />
<br />
(2.) The costs of all parties in any proceedings in respect of the infringement<br />
<br />
of copyright shall be in the absolute discretion of the Court. |<br />
<br />
(3.) In any action for infringement of copyright in any work the work shall<br />
<br />
be presumed to be a work in which copyright subsists, and the plaintiff shall be<br />
presumed to be the owner of the copyright unless the defendant puts in issue the<br />
existence of the copyright or, as the case may be, the title of the plaintiff; and<br />
where any such question is in issue, then—<br />
<br />
(a) If a name purporting to be that of the author of the work is printed<br />
or otherwise indicated thereon in the usual manner, the person whose<br />
name is so printed or indicated shall, unless the contrary is proved, be<br />
presumed to be the author of the work :<br />
<br />
(b) If no name is so printed or indicated, or if the name so printed or indicated<br />
is not the author’s true name or the name by which he is commonly<br />
known, and a name purporting to be that of the publisher or proprietor<br />
of the work is printed or otherwise indicated thereon in the usual<br />
manner, the person whose name is so printed or indicated shall, unless<br />
the contrary is proved, be presumed to be the owner of the copyright<br />
in the work for the purposes of proceedings in respect of the infringe-<br />
ment of copyright therein.<br />
<br />
10. All infringing copies of any work in which copyright subsists, or of any<br />
substantial part thereof, and all plates used or intended to be used for the pro-<br />
duction of such infringing copies, shall be deemed to be the property of the owner<br />
of the copyright, who accordingly may take proceedings for the recovery of the<br />
possession thereof or in respect of the conversion thereof.<br />
<br />
11. Where proceedings are taken in respect of the infringement of the<br />
copyright in any work, and the defendant in his defence alleges that he was not<br />
aware of the existence of the copyright in the work, the plaintiff shall not be ent itled<br />
to any remedy other than an injunction in respect of the infringement if the<br />
defendant proves that at the date of the infringement he was not aware and<br />
had no reasonable ground for suspecting that copyright subsisted in the work.<br />
building or other structure which<br />
ich if completed would infringe, the copyright in some other —_<br />
d, the owner of the copyright shall not be entitled to obtain<br />
construction of such building or structure oF to order<br />
<br />
Where the construction of a<br />
<br />
12.—(1.)<br />
infringes, or wh<br />
has been commence<br />
an injunction to restrain the<br />
its demolition.<br />
<br />
(2.) Such of the other provisions of this<br />
ll be deemed to be the property of the owner of the<br />
<br />
Act as provide that an infringing<br />
copyright,<br />
<br />
copy of a work sha<br />
<br />
<br />
<br />
Civil remedies<br />
for infringe-<br />
ment of copy-<br />
right.<br />
<br />
Rights of<br />
owner against<br />
persons<br />
possessing or<br />
dealing with<br />
infringing<br />
copies, &c.<br />
<br />
Exemption<br />
of innocent<br />
infringer<br />
from liability<br />
to pay<br />
damages, &¢.<br />
<br />
Restriction<br />
remedies in<br />
the case of<br />
architecture.<br />
<br />
<br />
<br />
<br />
ew.<br />
<br />
or as impose summary penalties, shall not apply in any case to which this section<br />
<br />
applies.<br />
Limitation of 13. An action in respect of infringement of copyright shall not be commenced<br />
oor after the expiration of three years next after the infringement.<br />
<br />
Summary Remedies.<br />
<br />
Summary 14.—(1.) Every person who knowingly—<br />
offences. (a) Makes for sale or hire any infringing copy of a work in which copyright<br />
subsists ; or<br />
<br />
(b) Sells or lets for hire, or by way of trade exposes or offers for sale or hire,<br />
<br />
any infringing copy of any such work ; or<br />
<br />
(c) Distributes infringing copies of any such work either for the purposes<br />
<br />
of trade or to such an extent as to affect prejudicially the owner of<br />
the copyright ; or<br />
<br />
(d) By way of trade exhibits in public any infringing copy of any such<br />
<br />
work ; or<br />
<br />
(e) Imports for sale or hire into New Zealand any infringing copy of any<br />
<br />
such work,<br />
is liable on summary conviction to a fine not exceeding two pounds for every copy<br />
dealt with in contravention of this section, but not exceeding fifty pounds in respect<br />
of the same transaction, or, in the case of a second or subsequent offence, either<br />
to such fine or to two months’ imprisonment.<br />
<br />
(2.) Every person who knowingly makes or has in his possession any plate<br />
for the purpose of making infringing copies of any work in which copyright<br />
subsists, or who knowingly and for his private profit causes any such work to be<br />
performed in public without the consent of the owner of the copyright, is liable<br />
on summary conviction to a fine of fifty pounds, or, in the case of a second or<br />
subsequent offence, either to such fine or to two months’ imprisonment.<br />
<br />
(8.) The Court before which any such proceedings are taken may, whether the<br />
alleged offender is convicted or not, order that all copies of the work, or all plates in<br />
possession of the alleged offender which appear to it to be infringing copies or plates<br />
for the purpose of making infringing copies, be destroyed, or delivered up to the<br />
owner of the copyright, or otherwise dealt with as the Court may think fit.<br />
<br />
Pormitt’ng 15. Every person who for his private profit permits any theatre or other<br />
<br />
ee. place of entertainment to be used for the performance in public of any musical<br />
or dramatic work without the consent of the registered owner of the sole right<br />
to perform or authorize the performance of the work in New Zealand, or any part<br />
of New Zealand where the theatre or place is situated, is liable on summary<br />
conviction to a fine of ten pounds, unless he was not aware and had no reasonable<br />
ground for suspecting that the performance would be an infringement of the right<br />
to perform or authorize the performance of the work.<br />
<br />
Sarohe 16.—(1.) Any Justice may, on the application of the registered owner of the<br />
<br />
warrant. copyright in any literary, dramatic, musical, or artistic work, or of the agent<br />
of such owner appointed in writing,—<br />
<br />
(a) If satisfied by evidence that there is reasonable ground for believing<br />
<br />
that infringing copies of the work are being sold or offered for sale,<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 />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
(i<br />
<br />
issue a warrant in accordance with the form prescribed authorizing<br />
any constable to seize the infringing copies and to bring them before a<br />
Court of summary jurisdiction :<br />
<br />
(b) If satisfied by evidence that there is reasonable ground for believing<br />
that infringing copies of the work are to be found in any house, shop,<br />
or other place, issue a warrant in accordance with the form prescribed<br />
authorizing any constable to search, between sunrise and sunset, the<br />
place where the infringing copies are supposed to be, and to seize and<br />
bring them or any copies reasonably suspected to be infringing copies<br />
of the work before a Court of summary jurisdiction.<br />
<br />
(2.) A Court of summary jurisdiction may, on proof that any copies brought<br />
before it in pursuance of this section are infringing copies of the work, order them<br />
to be destroyed, or to be delivered up, subject to such conditions, if any, as the<br />
Court thinks fit, to the owner of the copyright in the work.<br />
<br />
17.—(1.) The registered owner of the sole right to perform or authorize<br />
the performance of a musical or dramatic work in New Zealand or any part<br />
thereof, or the agent of such owner appointed in writing, may, by notice in writing<br />
in the prescribed form, forbid the performance in public of the work in infringement<br />
of his right, and require any person to refrain from performing or taking part in<br />
the performance in public of the work in infringement of his right ; and every<br />
as been given in accordance with this section who<br />
rformance in public of the work in infringement<br />
fine not exceeding<br />
<br />
person to whom a notice h<br />
performs or takes part in the pe<br />
of the right of such owner is liable on summary conviction to a<br />
<br />
ten pounds.<br />
(2.) Every person who give<br />
cause is liable on summary convicti<br />
(3.) In any prosecution under the |<br />
<br />
s notice in pursuance of this section without just<br />
on to a fine of twenty pounds.<br />
ast preceding sub-section the defendant<br />
<br />
shall be deemed to have given the notice without just cause unless he proves :<br />
the satisfaction of the Court that at the time of giving the notice he _ .<br />
registered owner of the sole right to perform or authorize the oo 0 :<br />
work in New Zealand or any part thereof, or the agent of such owner gee<br />
in writing, and had reasonable ground for believing that nae Pees ae<br />
notice was given was about to perform or take part in the performance of the<br />
<br />
in infringement of the right of such owner.<br />
yurt of summary jurisdiction,<br />
work or the owner of the sole<br />
k, in respect of any offence<br />
<br />
18. Where proceedings are instituted in any Cc<br />
by or on behalf of the owner of the copyright in any<br />
<br />
i orf se of any wor<br />
right to perform or authorize the performance gues | :<br />
a ew of his right, any fine imposed shall be paid to him by way ©<br />
<br />
i i in ¢ ase any fine<br />
compensation for the injury sustained by him, but in any ee c - Le<br />
imposed in respect of any offence against this Act shall be paid in<br />
<br />
solidated Fund.<br />
<br />
19.—(1.) No proceedi<br />
in respect of any offence @ gainst this<br />
the date of the offence.<br />
<br />
(2.) An appeal to the Supr<br />
(ineluding any dismissal of any 1<br />
<br />
a Court of summary jurisdiction<br />
<br />
; shall be instituted in<br />
TS e expiration of six months from<br />
<br />
Act after th<br />
<br />
vietion or order<br />
ion) of a Court<br />
<br />
eme Court shall lie from any con<br />
nformation, complaint, or applicat<br />
<br />
<br />
<br />
Owner of<br />
performing-<br />
right<br />
<br />
may forbid<br />
performance<br />
in infringe-<br />
ment of right.<br />
<br />
Application<br />
of fines.<br />
<br />
Limitation of<br />
summary<br />
proceedings.<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 />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
Certain<br />
provisions<br />
not to apply<br />
to works of<br />
architecture.<br />
<br />
Importation<br />
of infringing<br />
copies.<br />
<br />
Repeal.<br />
<br />
Works of<br />
<br />
“At t b . .<br />
joint authors. during the life of the author who first dies and for a term of fifty years after his<br />
<br />
(aa<br />
<br />
of summary jurisdiction in respect of any offence or matter under this Act, and<br />
such appeal shall be made within the time and in the manner provided by<br />
<br />
<br />
<br />
regulations.<br />
<br />
90. Sections fourteen to eighteen hereof shall not apply to any case to which<br />
section twelve hereof, relating to infringement of copyright in the case of a work<br />
of architecture, applies.<br />
<br />
Importation of Copies.<br />
<br />
21,—(1.) Copies made out of New Zealand of any work in which copyright<br />
subsists which if made in New Zealand would infringe copyright, and as to which<br />
the owner of the copyright gives notice in writing by himself or his agent to the<br />
Minister of Customs that he is desirous that such copies should not be imported<br />
into New Zealand, shall not be so imported, and shall, subject to the provisions<br />
of this section, be deemed to be prohibited imports within the meaning of the<br />
Customs Law Act, 1908. For the purposes of this section notices given to the<br />
Commissioners of Customs and Excise of the United Kingdom, and communicated<br />
by them to the Minister of Customs, shall be deemed to have been given by the<br />
owner to the Minister of Customs.<br />
<br />
(2.) Before detaining any such copies, or taking any further proceedings<br />
with a view to the forfeiture thereof, the Minister of Customs may require the<br />
regulations under this section, whether as to information, conditions, or other<br />
matters, to be complied with, and may satisfy himself in accordance with those<br />
regulations that the copies are such as are prohibited by this section to be imported.<br />
<br />
(3.) There shall be publicly exposed in the office of the Collector of Customs<br />
at every portin New Zealand lists of all works in which copyright subsists and as to<br />
which the owner of the copyright, by himself or his agent, has duly given a notice to<br />
the Minister of Customs pursuant to sub-section (1.) hereof.<br />
<br />
(4.) The Governor may, by Order in Council gazetted, make regulations,<br />
either general or special, respecting the detention and forfeiture of copies the<br />
importation of which is prohibited by this section ; and may by such regulations<br />
determine the information, notices, and security to be given, and the evidence<br />
requisite, for any of the purposes of this section, and the mode of verification of<br />
such evidence.<br />
<br />
(5.) The regulations may apply to copies of all works the importation of copies<br />
of which is prohibited by this section, or different regulations may be made<br />
respecting different classes of such works.<br />
<br />
(6.) The regulations may provide for the informant reimbursing the Minister<br />
of Customs all expenses and damages incurred in respect of any detention made on<br />
his information, and of any proceedings consequent on such detention ; and may<br />
provide for notices under any enactment repealed by this Act being treated as<br />
notices given under this section.<br />
<br />
(7.) Section ninety-two of the Customs Law Act, 1908, and the first paragraph<br />
of the Third Schedule to the said Act (relating to the importation of prohibited<br />
books) are hereby repealed.<br />
<br />
Special Provisions as to certain Works.<br />
22.—(1.) In the case of a work of joint authorship, copyright shall subsist<br />
<br />
<br />
<br />
<br />
(<br />
<br />
death, or during the life of the author who dies last, whichever period is the longer ;<br />
and references in this Act to the period after the expiration of any specified<br />
number of years from the death of the author shall be construed as references to<br />
the period after the expiration of the like number of years from the death of the<br />
author who dies first or after the death of the author who dies last, whichever period<br />
may be the shorter; and in the provisions of this Act with respect to the grant<br />
of compulsory licenses a reference to the date of the death of the author who dies<br />
last shall be substituted for the reference to the date of the death of the author.<br />
<br />
(2.) Where, in. the case of a work of joint authorship, some one or more of the<br />
joint authors do not satisfy the conditions conferring copyright laid down by this<br />
Act, the work shall be treated for the purposes of this Act as if the other author<br />
or authors had been the sole author or authors thereof :<br />
<br />
Provided that the term of the copyright shall be the same as it would have been<br />
if all the authors had satisfied such conditions as aforesaid.<br />
<br />
(3.) For the purposes of this Act ‘“‘a work of joint authorship ’’ means a<br />
work produced by the collaboration of two or more authors, in which the con-<br />
tribution of one author is not distinct from the contribution of the other author<br />
or authors.<br />
<br />
(4.) Where a married woman and her husband are joint authors of a work<br />
the interest of such married woman therein shall be her separate property.<br />
<br />
><br />
<br />
23.—(1.) In the case of a literary, dramatic, or musical work, or an engraving,<br />
in which copyright subsists at the date of the death of the author or, in the cee of<br />
a work of joint authorship, at or immediately before the date of the death of the<br />
author who dies last, but which has not been published, nor, in the case of a dramatic<br />
or musical work, been performed in public, nor, in the case of a lecture, been<br />
delivered in public, before that date, copyright shall subsist till publication, or<br />
<br />
performance or delivery in public, whichever may first happen, and 2h Ss<br />
of fifty years thereafter; and the proviso to seetion six hoe shall a . and<br />
of such a work, apply as if the author had died at the date of such publicat<br />
<br />
performance or delivery in public as aforesaid. : a<br />
<br />
(2.) The ownership of an author’s manuscript after his oe ee a<br />
ownership has been acquired under a testamentary disposition made by ae :<br />
and the manuscript is of a work which has not been ee nor ae a,<br />
public, nor delivered in public, shall be prima facie proof of the copyrig sing<br />
with the owner of the manuscript.<br />
<br />
24, Without prejudice to any rights or privileges of the eR<br />
work has, whether before or after the commencement - ae we pn aoe<br />
or published by or under the direction or control of His Majesty of - . aa<br />
Department, the copyright in the work shall, subject to sa ae as<br />
author, belong to His Majesty, and in such panes shall — inue<br />
fifty years from the date of the first publication of the work.<br />
<br />
perforated rolls, and other<br />
lly reproduced, in like<br />
term of copyright<br />
<br />
25.—(1.) Copyright shall subsist in records, pe<br />
contrivances by means of which sounds may be ae oe<br />
manner as if such contrivances were musical works : : os<br />
shall be fifty years from the making of the a ele a :<br />
trivance was directly or indirectly derived, and the perso<br />
<br />
from which the con-<br />
as the owner of<br />
<br />
<br />
<br />
Posthumous<br />
works.<br />
<br />
Provisions as<br />
to Govern-<br />
ment publica-<br />
tions.<br />
<br />
Provisions as<br />
to mechanical<br />
instruments.<br />
<br />
<br />
<br />
<br />
<br />
<br />
(ae<br />
<br />
such original plate at the time when such plate was made shall be deemed to be<br />
the author of the work, and, where such owner is a body corporate, the body<br />
corporate shall be deemed for the purposes of this Act to reside in New Zealand<br />
if it has established a place of business in New Zealand.<br />
<br />
(2.) It shall not be deemed to be an infringement of copyright in any musical<br />
work for any person to make in New Zealand records, perforated rolls, or other<br />
contrivances by means of which the work may be mechanically performed, if<br />
such person proves—<br />
<br />
(a) That such contrivances have previously been made by, or with the consent<br />
<br />
or acquiescence of, the owner of the copyright in the work; and<br />
<br />
(b) That he has given the prescribed notice of his intention to make the<br />
<br />
contrivances, and has paid in the prescribed manner to, or for the benefit<br />
of, the owner of the copyright in the work royalties in respect of all such<br />
contrivances sold by him, calculated at the rate hereinafter mentioned :<br />
<br />
Provided that—<br />
<br />
(i.) Nothing herein shall authorize any alterations in or omissions<br />
from the work reproduced, unless contrivances reproducing the work<br />
subject to similar alterations and omissions have been previously made<br />
by, or with the consent or acquiescence of, the owner of the copyright,<br />
or unless such alterations or omissions are reasonably necessary for the<br />
adaptation of the work to the contrivances in question ; and<br />
<br />
(ii.) For the purposes of this provision a musical work shall be<br />
deemed to include any words so closely associated therewith as to form<br />
part of the same work, but shall not be deemed to include a contrivance<br />
by means of which sounds may be mechanically reproduced.<br />
<br />
(3.) The rate at which such royalties as aforesaid are to be calculated shall—<br />
(a) In the case of contrivances sold within two years after the commencement<br />
of this Act by the person making the same, be two.and one-half per<br />
centum; and<br />
(b) In the case of contrivances sold as aforesaid after the expiration of that<br />
period, five per centum,<br />
on the ordinary retail selling-price of the contrivance calculated in the prescribed<br />
manner, so, however, that the royalty payable in respect of a contrivance shall<br />
in no ease be less than a halfpenny for each separate musical work in which<br />
copyright subsists reproduced thereon, and, where the royalty calculated as afore-<br />
said includes a fraction of a farthing, such fraction shall be reckoned as a farthing :<br />
Provided that, if at any time after the expiration of seven years from the<br />
commencement of this Act it appears to the Governor in Council that such rate as<br />
aforesaid is no longer equitable, he may, after such public inquiry as he may direct,<br />
make an Order either decreasing or increasing that rate to such extent as under the<br />
circumstances may seem just ; but any Order so made shall be provisional only,<br />
and shall not have any effect unless and until confirmed by Parliament ; but, where<br />
an Order revising the rate has been so made and confirmed, no further revision<br />
<br />
shall be made before the expiration of fourteen years from the date of the last<br />
revision.<br />
<br />
: (4.) If any such contrivance is made reproducing two or more different works<br />
in which copyright subsists, and the owners of the copyright therein are different<br />
<br />
<br />
<br />
<br />
( Ww)<br />
<br />
.. the sums payable by way of royalties under this section shall<br />
tioned amongst the several owners of the copyright in such ee be BP POT<br />
agreement, may be determined by arbitration. - vor ce ala ersaveena<br />
<br />
(5.) When any such contrive ; by means ae :<br />
<br />
mechanically Sas have ieee po eR - ey : a He ean<br />
ni owner of the copyright in the work shall, in relation - ee pees<br />
oe eer ee<br />
<br />
a ree ol i > ‘ — within the Peer time.<br />
<br />
regulations prescribing niche a. a : a ce ae a a. a ae<br />
prescribing the dein ick actioss i. - oe ae pees oa<br />
<br />
de s are to be given, and the particulars to be<br />
given in such notices, and the mode, time, and frequency of the payment of<br />
royalties ; and any such regulations may include regulations requiring payment<br />
in advance or otherwise securing the payment of royalties.<br />
<br />
(7.) In the case of musical works published before the commencement of this<br />
<br />
Act the foregoing provisions shall have effect, subject to the following modifications<br />
and additions :—<br />
<br />
(a) The conditions as to the previous making by, or with the consent or<br />
acquiescence of, the owner of the copyright in the work, and the restric-<br />
tions as to alterations in or omissions from the work, shall not apply.<br />
<br />
(b) The rate of two and one-half per centum shall be substituted for the rate<br />
of five per centum as the rate at which royalties are to be calculated ;<br />
but no royalties shall be payable in respect of contrivances sold before<br />
the first day of April, nineteen hundred and fifteen, if contrivances<br />
reproducing the same work had been lawfully made or placed on sale<br />
in New Zealand before the commencement of this Act.<br />
<br />
(c) Notwithstanding any assignment made before the commencement of this<br />
Act of the copyright in a musical work, any rights conferred by this Act<br />
in respect of the making, or authorizing the making, of contrivances<br />
by means of which the work may be mechanically performed shall<br />
belong to the author or his legal personal representatives, and not to<br />
the assignee, and the royalties aforesaid shall be payable to and for the<br />
benefit of the author of the work or his legal personal representatives.<br />
<br />
(d) The saving contained in this Act of the rights and interests arising from<br />
or in connection with action taken before the commencement of this<br />
<br />
Act shall not be construed as authorizing any person who has made<br />
eans of which the work may be mechanically performed<br />
hether made before or after the com-<br />
and subject to the conditions<br />
<br />
contrivances by m<br />
to sell any such contrivances, W<br />
mencement of this Act, except on the terms<br />
<br />
laid down in this section.<br />
<br />
(e) Where the work is a work on which copyright is conferred by an Order in<br />
Council relating to a foreign country, the copyright so conferred shall<br />
<br />
t as may be provided by the Order, include<br />
<br />
not, except to such exten<br />
any rights with respect to the making of records, perforated rolls, or<br />
other contrivances by means of which the work may be mechanically<br />
<br />
performed.<br />
(8.) Notwithstandin<br />
-or other contrivance by mea<br />
<br />
here a record, perforated roll,<br />
y be mechanically reproduced<br />
<br />
g anything in this Act, w<br />
ns of which sounds ma<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
La<br />
<br />
has been made before the commencement of this Act, copyright shall, as from the<br />
commencement of this Act, subsist therein in like manner and for the like term as<br />
if this Act had been in force at the date of the making of the original plate from<br />
which the contrivance was directly or indirectly derived :<br />
Provided that— ‘<br />
(a) The person who at the commencement of this Act is the owner of such<br />
original plate shall be the first owner of such copyright ; and<br />
(b) Nothing herein shall be construed as conferring copyright in any such<br />
contrivance if the making thereof would have infringed copyright in<br />
some other such contrivance if this provision had been in force at the<br />
time of the making of the first-mentioned contrivance,<br />
<br />
Provision as 26. Notwithstanding anything in this Act, it shall not be an infringement<br />
<br />
pele ag of copyright in an address of a political nature delivered at a public meeting to<br />
publish a report thereof in a newspaper.<br />
<br />
Provisions as 27. The term for which copyright shall subsist in photographs shall be fifty<br />
<br />
near years from the making of the original negative from which the photograph was<br />
directly or indirectly derived ; and the person who was the owner of such negative<br />
at the time when such negative was made shall be deemed to be the author of the<br />
work, and, where such owner is a body corporate, the body corporate shall be<br />
deemed for the purposes of this Act to reside in New Zealand if it has established<br />
a place of business in New Zealand.<br />
<br />
Reciprocal 28.—(1.) The Governor may by Order in Council direct that this Act shall<br />
<br />
protection of extend—<br />
<br />
copyright.<br />
<br />
(a2) To works first published in any part of the British dominions to which the<br />
Order relates in like manner as if such works were first published in<br />
New Zealand; and<br />
<br />
(b) In respect of residence in any part of the British dominions to which the<br />
Order relates, in like manner as if such residence were residence in New<br />
Zealand ;<br />
<br />
and thereupon, subject to the provisions of this section and of the Order, this<br />
Act shall apply accordingly.<br />
<br />
(2.) Any Order made in pursuance of this section may provide—<br />
<br />
(a) That the term of copyright shall not exceed that conferred by the law of<br />
the part of the British dominions to which the Order relates ;<br />
<br />
(b) That the enjoyment of the rights conferred by virtue of the Order shall<br />
extend to New Zealand only, and shall be subject to the accomplishment<br />
of such conditions and formalities as are prescribed by the Order ;<br />
<br />
(c) For the modification of any provision of this Act as to ownership of copy-<br />
right or otherwise, having regard to the law of the part of the British<br />
dominions to which the Order relates ; and<br />
<br />
(d) That this Act may extend to existing works in which copyright subsists<br />
in the part of the British dominions to which the Order relates, but<br />
subject to such modifications, restrictions, and provisions as are set<br />
out in the Order.<br />
<br />
(8.) An Order in pursuance of this section shall be made only if the Governor<br />
in Council is satisfied that the part of the British dominions in relation to which the<br />
<br />
<br />
<br />
<br />
( Ww)<br />
<br />
Order is proposed to be made has<br />
<br />
propos: 1 to be made has made, or has undertaken to make. s isi<br />
<br />
if any, as he thinks sufficient for the protection of work 6 soe<br />
if my . of works first prod ishec<br />
in New Zealand, and entitled to copyright therein ae<br />
<br />
29.—(1 > Governor may in ¢<br />
( =) The Governor may by Order in Council alter, revok<br />
‘Order in Council made by him in pursuance of ee ferr Bi pice fos be<br />
' J ance of any power conferred<br />
a ene n) erred upon him b<br />
” A i: but any Order made under this section shall not affect pe adieally<br />
y rights or interests acquired or accrued at the date when the Order comes es<br />
i. € ~ € ri > +4 , .<br />
operation, and shall provide for the protection of such rights and interests<br />
g sts.<br />
<br />
Te J Ov 7 1 7<br />
: (2.) Every Order in Council made by the Governor in Council in pursuance<br />
a : < i . ms ; .<br />
of any power conferred upon him by this Act shall be published in the Gazette<br />
and shall be laid before Parliament as soon as may be after it is made 3<br />
x a .<br />
<br />
30.—(1.) This Act shall not apply to designs capable of being registered<br />
under the Patents, Designs, and Trade-marks Act, 1911, except gas wach<br />
though capable of being so registered, are not used or intended to be used - motels<br />
or patterns to be multiplied by any industrial process.<br />
<br />
(2.) Regulations may be made under section one hundred and twenty-three<br />
of the Patents, Designs, and Trade-marks Act, 1911, for determining the conditions<br />
under which a design shall be deemed to be used for such purposes as aforesaid<br />
<br />
31. If it appears to the Governor in Council that a foreign country does<br />
not give or has not undertaken to give adequate protection to the works of New<br />
Zealand authors, he may by Order in Council direct that such of the provisions of<br />
this Act as confer copyright on works first published in New Zealand shall not<br />
apply to works published after the date specified in the Order the authors whereof<br />
are subjects or citizens of such foreign country and are not resident in New Zealand,<br />
<br />
and thereupon those provisions shall not apply to such works.<br />
<br />
32.—(1.) Where any person is immediately before the commencement of<br />
this Act entitled to any such right in any work as is specified in the first column<br />
of the First Schedule to this Act, or to any interest in such a right, he shall as from<br />
that date be entitled to the substituted right set forth in the second column of<br />
that Schedule, or to the same interest in such a substituted right, and to no other<br />
right or interest ; and such substituted right shall subsist for the term for which<br />
it would have subsisted if this Act had been in force at the date when the work<br />
<br />
was made and the work had been one entitled to copyright thereunder :<br />
<br />
Provided that—<br />
(a) If the author of any work in which<br />
first column of the First Schedule to this Act subsists<br />
ment of this Act has be<br />
interest therein for the who<br />
put for the passing of this Act the ri<br />
tuted right conferred b<br />
<br />
ass to the author of the wor.<br />
t of this Act<br />
<br />
any such right as is specified in the<br />
<br />
agreement, Pp<br />
ated before the commencemen<br />
put the person who imme<br />
<br />
ld so have expired was the<br />
at his option, either—<br />
<br />
cre<br />
shall determine ;<br />
at which the right wou<br />
interest shall be entitled,<br />
<br />
at the commence-<br />
fore that date assigned the right, or granted any<br />
le term of the right, then at the date when<br />
ght would have expired the substi-<br />
y this section shall, in the absence of express<br />
k, and any interest therein<br />
and then subsisting<br />
diately before the date<br />
owner of the right or<br />
<br />
<br />
<br />
<br />
Provisions as<br />
to Orders in<br />
<br />
Council.<br />
<br />
Provisions as<br />
to designs<br />
registrable<br />
under the<br />
Patents,<br />
Designs, and,<br />
Trade-marks<br />
Act.<br />
<br />
Works of<br />
foreign<br />
authors first<br />
published in<br />
New Zealand.<br />
<br />
Existing<br />
works.<br />
<br />
<br />
Power to<br />
extend Act<br />
to foreign<br />
works,<br />
<br />
<br />
<br />
(i.) On giving such notice as hereinafter mentioned, to an assign-<br />
ment of the right or the grant of a similar interest therein for the<br />
remainder of the term of the right for such consideration as, failing<br />
agreement, may be determined by arbitration ; or<br />
<br />
(ii.) Without any such assignment or grant, to continue to reproduce<br />
or perform the work in like manner as theretofore, subject to the<br />
payment, if demanded by the author within three years after the date<br />
at which the right would have so expired, of such royalties to the author<br />
as, failing agreement, may be determined by arbitration ; or, where<br />
the work is incorporated in a collective work and the owner of the right<br />
or interest is the proprietor of that collective work, without any such<br />
payment.<br />
<br />
The notice above referred to must be given not more than one<br />
year nor less than six months before the date at which the right would<br />
have so expired, and must be sent by registered post to the author,<br />
or, if he cannot with reasonable diligence be found, must be advertised<br />
in the Gazette and in the Patent Office Journal, and in one newspaper<br />
published in each of the Cities of Wellington, Auckland, Christchurch,<br />
and Dunedin. .<br />
<br />
(b) Where any person has, before the first day of July, nineteen hundred<br />
and thirteen, taken any action whereby he has incurred any expenditure<br />
or liability in connection with the reproduction or performance of any<br />
work in a manner which at the time was lawful, or for the purpose<br />
of or with a view to the reproduction or performance of a work at a<br />
time when such reproduction or performance would but for the passing<br />
of this Act have been lawful, nothing in this section shall diminish<br />
or prejudice any rights or interest arising from or in connection with<br />
such action which are subsisting and valuable at the said date, unless<br />
the person who by virtue of this section becomes entitled to restrain<br />
such reproduction or performance agrees to pay such compensation<br />
as, failing agreement, may be determined by arbitration.<br />
<br />
(2.) For the purposes of this section the expression “ author” includes<br />
<br />
the legal personal representatives of a deceased author.<br />
<br />
(3.) Subject to the provisions of sub-sections (7.) and (8.) of section twenty-<br />
five hereof, copyright shall not subsist in any work made before the commence-<br />
ment of this Act otherwise than under and in accordance with the provisions of<br />
this section.<br />
<br />
PART II.—InTERNATIONAL COPYRIGHT.<br />
<br />
33.—(1.) The Governor may by Order in Council direct that this Act (except<br />
such of the provisions thereof, if any, as may be specified in the Order) shall<br />
extend—<br />
<br />
(a) To works first published in a foreign country to which the Order relates,<br />
<br />
in like manner as if they were first published in New Zealand ;<br />
<br />
(b) To literary, dramatic, musical, and artistic works, or any class thereof,<br />
the authors whereof were at the time of the making of the work subjects<br />
or citizens of a foreign country to which the Order relates, in like manner<br />
<br />
as if the authors were British subjects ;<br />
<br />
<br />
<br />
<br />
<br />
<br />
(c) In respect of residence in a foreign country to which the Order relates,<br />
in like manner as if such residence were residence in New Zealand ;<br />
<br />
and thereupon, subject to the provisions of this Part of this Act and of the Order,<br />
<br />
this Act shall apply accordingly :<br />
Provided that—<br />
<br />
(a) Before making an Order in Council under this section in respect of any<br />
foreign country (other than a country with which His Majesty has<br />
entered into a convention relating to copyright), the Governor shall be<br />
satisfied that that foreign country has made or has undertaken to:<br />
make such provisions, if any, as it appears to the Governor expedient<br />
to require for the protection of works entitled to copyright under the<br />
provisions of Part I. of this Act:<br />
<br />
(b) The Order in Council may provide that the term of copyright in New<br />
Zealand shall not exceed that conferred by the law of the country<br />
to which the Order relates :<br />
<br />
(c) The provisions of section fifty hereof (relating to the delivery of copies<br />
of books to the Registrar) shall not apply to works first published in<br />
such country, except so far as is provided by the Order :<br />
<br />
(d) The Order in Council may provide that the enjoyment of the rights<br />
conferred by this Act shall be subject to the accomplishment of such<br />
conditions and formalities, if any, as may be prescribed by the Order :<br />
<br />
(e) In applying the provisions of this Act as to ownership of copyright, the<br />
Order in Council may make such modifications as appear necessary<br />
having regard to the law of the foreign country :<br />
<br />
(f) In applying the provisions of this Act as to existing works, the Order<br />
in Council may make such modifications as appear necessary, and may<br />
provide that nothing in those provisions as so applied shall be construed<br />
as reviving any right of preventing the production or importation of<br />
any translation in any case where the right has ceased.<br />
<br />
(2.) An Order in Council under this section may extend to all the several<br />
<br />
countries named or described therein.<br />
<br />
PART III.—CopyricutT OFFICE.<br />
<br />
34.—(1.) The Governor may from time to time appoint such person as he<br />
thinks fit to be Registrar of Copyright, and in like manner may appoint a place<br />
to be the Copyright Office.<br />
<br />
(2.) The person who at the co<br />
Registrar under the Copyright Act, 1908, shall be and act as<br />
<br />
this Act.<br />
(3.) The place at the commencement of this Act used as the Copyright<br />
<br />
Office shall be deemed to have been appointed under this Act.<br />
<br />
mmencement of this Act holds the office of<br />
Registrar under<br />
<br />
time appoint a fit and proper person<br />
of the illness, incapacity, or absence of<br />
istrar ; and while<br />
<br />
35.—(1.) The Governor may at any<br />
<br />
Registre act in the case<br />
<br />
to be Deputy Registrar to act in t<br />
<br />
the Resatrar, or in the case of any vacancy 1n the office of Reg A pad<br />
<br />
so acting such Deputy shall have all the powers and. privileges, and shall perform<br />
all the duties, and be subject to the responsibilities, of the Registrar.<br />
<br />
Registrar of<br />
Copyright.<br />
<br />
Copyright<br />
Office.<br />
<br />
Deputy<br />
Registrar.<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 />
Seal.<br />
<br />
Fees.<br />
<br />
Registration<br />
optional.<br />
<br />
Copyright<br />
Registers.<br />
<br />
Mode of<br />
registration.<br />
<br />
Registration<br />
of assign-<br />
ments, &e.<br />
<br />
How registra-<br />
tion is to be<br />
effected.<br />
<br />
Registration<br />
of work<br />
published ina<br />
series.<br />
<br />
Trusts not<br />
registered.<br />
<br />
Register to<br />
be evidence,<br />
<br />
Certified<br />
copies,<br />
<br />
<br />
<br />
( 20 )<br />
<br />
(2.) The fact of the Deputy Registrar acting as aforesaid shall be conclusive<br />
evidence of his authority so to do, and no person shall be concerned to inquire<br />
whether the occasion has arisen requiring or authorizing him so to act.<br />
<br />
36. There shall be a seal of the Copyright Office, and impressions thereof<br />
shall be judicially noticed and admitted in evidence.<br />
<br />
3%, There shall be paid in respect of application for the registration of copy-<br />
rights and in respect of other matters with relation to copyrights such fees as may<br />
from time to time be prescribed by the Governor in Council, and those fees shall<br />
be paid into the Public Account and form part of the Consolidated Fund.<br />
<br />
38. Registration of copyright shall be optional, but the special remedies<br />
provided for by sections fifteen, sixteen, and seventeen of this Act may be taken<br />
advantage of only by registered owners.<br />
<br />
39. The following Registers of Copyright shall be kept by the Registrar at<br />
the Copyright Office :—<br />
<br />
(a) The Register of Literary (including Dramatic and Musical) Copyright.<br />
<br />
(b) The Register of Fine Arts Copyrights.<br />
<br />
40. The owner of any copyright under this Act, or of the sole right to perform<br />
or authorize the performance of any musical or dramatic work in New Zealand<br />
or any part thereof, may obtain registration of his right in the manner prescribed.<br />
<br />
41. When any person becomes entitled to any registered copyright or any<br />
other right under this Act by virtue of any assignment or transmission, or to any<br />
interest therein by license, he may obtain registration of the assignment, trans-<br />
mission, or license in the manner prescribed.<br />
<br />
42. The registration of any copyright or other right under this Act, or of any<br />
assignment or transmission thereof, or of any interest therein by license, shall be<br />
effected by entering in the proper register the prescribed particulars relating to.<br />
the right, assignment, transmission, or license.<br />
<br />
48. In the case of an encyclopedia, newspaper, review, magazine, or other<br />
periodical work, or a work published in a series of books or parts, a single registra-<br />
tion for the whole work may be made.<br />
<br />
' 44,—(1.) No notice of any trust (expressed, implied, or constructive) shall<br />
be entered in any Register of Copyrights under this Act or be receivable by the<br />
Registrar.<br />
<br />
(2.) Subject to this section, equities in respect of any copyright under this<br />
Act may be enforced in the same manner as equities in respect of other personal<br />
property. :<br />
<br />
45, Every Register of Copyrights under this Act shall be prima facie evidence<br />
of the particulars entered therein; and documents purporting to be copies of<br />
any entry therein or extracts therefrom certified by the Registrar and sealed<br />
with the seal of the Copyright Office shall be judicially noticed and admitted in<br />
evidence without further proof or production of the originals.<br />
<br />
46. Certified copies of entries in any register under this Act or of extracts<br />
<br />
<br />
( @ }<br />
<br />
therefrom shall, on payment of the p i<br />
‘ £ 5 zi tT > Yr oO 2, > ; 7<br />
. prescribed fee, be given to any person applying<br />
<br />
47. Each register under this Act shall be open to public inspection at all<br />
convenient times on payment of the prescribed fee.<br />
<br />
— The Registrar may, in prescribed cases and subject to the prescribed<br />
conditions, amend or alter any register under this Act by—<br />
(a) Correcting any error in any name, address, or particular; and<br />
(b) Entering any prescribed memorandum or particular relating to copyright<br />
or other right under this Act.<br />
<br />
' 49.—(1.) Subject to this Act the Supreme Court may, on the application<br />
of the Registrar or of any person aggrieved, order the rectification of any register<br />
under this Act by—<br />
(a) The making of any entry wrongly omitted to be made in the register ;<br />
or<br />
(b) The expunging of any entry wrongly made in or remaining on the register ;<br />
or<br />
(c) The correction of any error or defect in the register.<br />
(2.) An appeal shall lie to the Court of Appeal from any order for the recti-<br />
fication of any register made by the Supreme Court or a Judge thereof under<br />
this section.<br />
<br />
50.—(1.) Every person who makes application for the registration of a<br />
copyright in a book shall deliver to the Registrar one copy of the whole book,<br />
with all maps and illustrations belonging thereto, finished and coloured in the same<br />
manner as the best copies of the book are published, and bound, sewed, or stitched<br />
together, and on the best paper on which the book is printed.<br />
<br />
s an application for the registration of the<br />
<br />
(2.) Every person who make<br />
liver to the Registrar one copy of the work of<br />
<br />
copyright in a work of art shall de<br />
art or a representation of it.<br />
<br />
(3.) The Registrar shall refuse to register the copyright in any book until<br />
sub-section (1.) of this section has been complied with, or the copyright in a work<br />
of art until sub-section (2.) of this section has been complied with.<br />
<br />
(4.) Each copy or representation delivered to the Registrar in pursuance<br />
of this section shall be retained at the Copyright Office.<br />
wilfully makes any false statement or representation<br />
<br />
to deceive the Registrar or any officer in the execution of this Act, or to procure<br />
<br />
or influence the doing or omission of anything in relation to this Act or any matter<br />
<br />
thereunder, is liable on summary conviction to imprisonment for a term not exceed-<br />
<br />
ing two years.<br />
<br />
52,—(1.) The publisher of book which is first published in New<br />
“Zealand after the commencement of this Act, and in which copyright subsists<br />
under this Act, shall within one month after the publication deliver at his own<br />
pies of the book to the Librarian of the General Assembly Library,<br />
a written receipt for them.<br />
delivered to the Librarian of the General Assembly Library<br />
hole book, with all maps and illustrations belonging thereto,<br />
<br />
51. Every person who<br />
<br />
every<br />
<br />
expense two co<br />
who shall give<br />
<br />
(2.) The copies<br />
shall be copies of the w.<br />
<br />
Public<br />
inspection of<br />
registers.<br />
<br />
Correction of<br />
register.<br />
<br />
Rectification<br />
of register by<br />
the Court.<br />
<br />
Copies to be<br />
delivered on<br />
registration.<br />
<br />
False repre-<br />
sentation to<br />
Registrar.<br />
<br />
Copies to be<br />
delivered to<br />
General<br />
Assembly<br />
Library.<br />
<br />
<br />
<br />
<br />
<br />
Power to<br />
make regula-<br />
tions.<br />
<br />
Repeals.<br />
<br />
Schedules.<br />
<br />
<br />
<br />
( 22 )<br />
<br />
finished, and coloured in the same manner as the best copies of the book are pub-<br />
lished, and bound, sewed, or stitched together, and on the best paper on which<br />
the book is printed.<br />
<br />
(3.) If a publisher fails to comply with this section he shall be liable on<br />
summary conviction to a fine not exceeding five pounds and the value of the copies.<br />
<br />
(4.) For the purpose of this section the expression “ book” includes every<br />
part or division of a book, pamphlet, sheet of letterpress, map, plan, chart, or table,<br />
but shall not include any second or subsequent edition of a book unless that<br />
edition contains additions or alterations either in the letterpress or in the maps,<br />
prints, or other engravings belonging thereto.<br />
<br />
53. The Governor in Council may make regulations, not inconsistent with<br />
this Act, prescribing all matters which by this Act are required or permitted to be<br />
prescribed, or which are necessary or convenient to be prescribed, for giving effect<br />
to this Act or for the conduct of any business relating to the Copyright Office.<br />
<br />
54,—(1.) The Copyright Act, 1908, and section one hundred and thirty-two<br />
of the Patents, Designs, and Trade-marks Act, 1911, are hereby repealed.<br />
<br />
(2.) The Imperial enactments referred to in the Second Schedule hereto<br />
shall, as from the commencement of this Act, cease to have any force or effect<br />
<br />
in New Zealand.<br />
SCHEDULES.<br />
<br />
FIRST SCHEDULE.<br />
<br />
Existing Ricuts.<br />
<br />
<br />
<br />
Existing Right. Substituted Right.<br />
<br />
<br />
<br />
<br />
<br />
(a) In the case of Works other than Dramatic and Musical Works.<br />
<br />
Copyright .. a ss a a .. | Copyright as defined by this Act.*<br />
(6) In the case of Musical and Dramatic Works.<br />
Both copyright and performing-right .. — .. | Copyright as defined by this Act.*<br />
Copyright, but not performing-right ae .. | Copyright as defined by this Act, except the sole<br />
<br />
right to perform or authorize the performance of<br />
the work or any substantial part thereof in<br />
ee public.<br />
<br />
Performing-right, but not copyright se .. | The sole right to perform or authorize the per-<br />
formance of the work in public, but ‘none<br />
of the other rights comprised in copyright as<br />
defined by this Act.<br />
<br />
<br />
<br />
For the purposes of this Schedule the following expressions, where used in the first column thereof,<br />
have the following meanings :—<br />
<br />
“ Copyright,” in the case of a work which according to the law in force immediately before<br />
the commencement of this Act has not been published before that date, and statutory<br />
copyright wherein depends on publication, includes the right at common law, if any, to<br />
restrain publication or other dealing with the work :<br />
<br />
“ Performing-right,” in the case of a work which has not been performed in public before<br />
the commencement of this Act, includes the right at common law, if any, to restrain the<br />
performance thereof in public.<br />
<br />
<br />
<br />
_* In the case of an essay, article, or portion forming part of and first published in a<br />
review, magazine, or other periodical or work of a like nature, the right shall be subject to any right of<br />
publishing the essay, article, or portion in a separate form to which the author is entitled at the com-<br />
mencement of this Act, or would, if this Act had not been passed, have become entitled under section<br />
eighteen of the Imperial Copyright Act, 1842.<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 />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
(<br />
<br />
SECOND SCHEDULE.<br />
ImprriaL ENACTMENTS.<br />
<br />
8 Geo. IT. c. 13.—The Engraving Copyright Act, 1734.<br />
7 Geo. III. c. 38.—The Engraving Copyright Act, 1767.<br />
17 Geo. IIL. c. 57.—The Prints Copyright Act, 1777.<br />
54 Geo. III. c. 56.—The Sculpture Copyright Act, 1814.<br />
& 4 Will. IV. c. 15.—The Dramatic Copyright Act, 1833.<br />
& 6 Will. IV. c. 65.—The Lectures Copyright Act, 1835.<br />
& 7 Will. IV. c. 59.—The Prints and Engravings Copyright Act, 1836.<br />
& 6 Vict. c. 45.—The Copyright Act, 1842.<br />
& 8 Vict. ec. 12.—The International Copyright Act, 1844.<br />
1 Vict. c. 95.—The Colonial Copyright Act, 1847.<br />
6 ce. 12.—The International Copyright Act, 1852.<br />
6 Vict. c. 68.—The Fine Arts Copyright Act, 1862.<br />
9 c. 12.—The International Copyright Act, 1875.<br />
c. 36.—The Customs Consolidation Act, 1876: Section 152 (prohibiting the importation<br />
of foreign reprints of books under copyright).<br />
46 Vict. c. 40.—The Copyright (Musical Compositions) Act, 1882.<br />
50 Vict. c. 33.—The International Copyright Act, 1886.<br />
52 Vict. c. 17.—The Copyright (Musical Compositions) Act, 1888.<br />
<br />
NDON AND TONBRIDGE.<br />
<br />
<br />
<br />
[D., PRINTERS, LO<br />
<br />
BRADBUKY, AGNEW, & CO,<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
‘SHTOW AYOLOLVIS<br />
<br />
‘CL6T<br />
OV LHDTYAdOOD NVIIVULSNV<br />
<br />
<br />
<br />
STATUTORY RULES.<br />
1913. No. 338.<br />
<br />
REGULATIONS UNDER THE COPYRIGHT ACT, 1912.<br />
<br />
I, THE GovERNOR-GENERAL in and over the Commonwealth of Australia<br />
ae os ee advice of the Federal Executive Council, do hereby make the<br />
ollowing Regulations under the Copyright i i<br />
aL pyright Act, 1912, to come into operation<br />
<br />
Dated this nineteenth day of December, One thousand nine hundred and<br />
<br />
thirteen.<br />
DENMAN,<br />
<br />
‘ G Sean ar<br />
By His Excellency’s Command, oyemor Generel:<br />
W. H. Irvine,<br />
Attorney-General.<br />
<br />
THE COPYRIGHT REGULATIONS, 1913.<br />
<br />
PART I.—GENERAL.<br />
<br />
1. These Regulations may be cited as the Copyright Regulations, 1918. Short title.<br />
<br />
2, These Regulations are divided into Parts, as follows :— Part<br />
Tts.<br />
<br />
Part I.—General.<br />
Part Il.—Royalty System (General).<br />
Part III.—Royalty System (Mechanical Musical Contrivances).<br />
Part IV.—Repeal.<br />
Interpreta-<br />
<br />
3.—(1.) In these Regulations—<br />
“The Act ” means the Copyright Act, 1912 ; tion.<br />
“¢ Mechanical musical contrivances > means records, perforated rolls, and<br />
other contrivances by means of which sounds may be mechanically<br />
<br />
reproduced ;<br />
“‘ Published work<br />
‘ Unpublished. work<br />
<br />
to the public.<br />
<br />
4, All letters should be addressed to<br />
wealth Offices, Treasury Place, Melbourne.”<br />
ider these Regulations shall be those specified in the Fees.<br />
aid at the Copyright Office. All remittances sent by<br />
and shall be made payable to the<br />
losed in a letter will be sent at the<br />
<br />
> means work which is printed and issued to the public ;<br />
> means work which has not been printed and issued<br />
<br />
“The Registrar of Copyrights, Common- Address,<br />
<br />
5. The fees to be paid ut<br />
First Schedule, and shall be p<br />
post shall be by money order or postal note,<br />
<br />
Registrar of Copyrights. Coin or currency ene<br />
remitter’s risk.<br />
<br />
<br />
<br />
<br />
Registrar may<br />
refuse to act<br />
until fee paid.<br />
<br />
Forms.<br />
<br />
Where no<br />
forms pro-<br />
vided.<br />
<br />
Hours of<br />
business.<br />
<br />
Applications.<br />
<br />
Signature of<br />
applicants.<br />
<br />
Published<br />
work.<br />
<br />
Photographs.<br />
<br />
Unpublished<br />
work,<br />
<br />
Published<br />
mechanical<br />
musical con-<br />
trivance.<br />
<br />
Unpublished<br />
mechanical ;<br />
musical<br />
contrivance.<br />
<br />
Performing<br />
right in<br />
musical or<br />
dramatic<br />
work.<br />
Choreographic<br />
works.<br />
<br />
Variations.<br />
<br />
Cinemato-<br />
graph pro-<br />
ductions.<br />
<br />
<br />
<br />
6. Where any fee is payable in respect of any act or document, the Registrar<br />
may refuse to permit or perform the act, or to receive or issue the document, as<br />
the case requires, until the fee payable is paid.<br />
<br />
",—(1.) Where in these Regulations any Form is referred to, the reference is<br />
to the Form in the Second Schedule.<br />
<br />
(2.) The Forms contained in the Second Schedule may, as far as they are<br />
applicable, be used in any proceeding under the Act or these Regulations to which<br />
<br />
they are appropriate.<br />
8. As regards proceedings not specifically provided for in the Forms in the<br />
Second Schedule, any appropriate Form will be accepted.<br />
<br />
9. Except in case of holidays observed under the Commonwealth Public<br />
Service Act, the Copyright Office shall be open to the public on week days (other<br />
than Saturdays) from 10 a.m. to 4 p.m., and on Saturdays from 10 a.m. to noon.<br />
<br />
10. Every application for the registration of copyright or performing right<br />
must be left at, or sent to, the Copyright Office, and may be sent by prepaid letter<br />
through the post, and must, in every case, be accompanied by the prescribed fee.<br />
<br />
11. Every application for the registration of copyright or performing right<br />
must be signed by all applicants.<br />
<br />
12, An application for the registration of copyright in a published literary,<br />
dramatic, musical, or artistic work may be in accordance with Form A, Al, A2<br />
or A3 as the case requires.<br />
<br />
18. An application for the registration of copyright in a photograph may be<br />
in accordance with Form C or Cl as the case requires.<br />
<br />
14, An application for the registration of copyright in an unpublished literary,<br />
dramatic, musical, or artistic work may be in accordance with Form D.<br />
<br />
15. An application for the registration of copyright in a published mechanical<br />
musical contrivance may be in accordance with Form E.<br />
<br />
16. An application for the registration of copyright in an unpublished<br />
mechanical musical contrivance may be in accordance with Form F.<br />
<br />
17. An application for the registration of the sole right to perform or authorise<br />
the performance of a musical or dramatic work may be in accordance with Form G<br />
and shall be accompanied by a copy of the work.<br />
<br />
18. An application for the registration of copyright in an unpublished dramatic<br />
work, consisting of a choreographic work or entertainment in dumb show, must<br />
be accompanied by a description thereof, either type-written or written in a fair<br />
legible hand on one side only of the paper, and without interlineations or erasures.<br />
<br />
19. Any variation in the arrangement or acting form of a choreographic work<br />
or entertainment in dumb show must be made the subject of a separate application<br />
for copyright registration.<br />
<br />
20. An application for the registration of copyright in an unpublished dramatic<br />
work, consisting of a cinematograph production, must be accompanied by a<br />
description of the work, preferably typewritten, and by a photograph taken from<br />
each scene represented. If after registration the work is printed or reproduced<br />
<br />
<br />
<br />
<br />
<br />
<br />
(2<br />
<br />
for sale, a complete copy of the work must be filed, and, if the<br />
<br />
E BO Registrar so desires,<br />
an amended description thereof.<br />
<br />
21. An application for the registration of copyright in<br />
other than a work specified in Regulations<br />
by a copy of the work.<br />
<br />
an unpublished work,<br />
Nos. 19 and 21, must be accompanied<br />
<br />
22. The title of a literary work should be given exactly as on the title page<br />
of the book, or on the work, and the other particulars required to be specified<br />
should be exactly as indicated in the work itself.<br />
<br />
28. An application for the registration of copyright in a published book must<br />
<br />
be accompanied by a copy of the book, with all maps and illustrations belonging<br />
<br />
. , oS<br />
<br />
thereto, finished and coloured in the same manner as the best copies of the books<br />
<br />
are published, and bound, sewed, or stitched together and on the best paper on<br />
which the book is printed.<br />
<br />
24, An application for the registration of copyright in an artistic work must<br />
be accompanied by a copy thereof, or a representation of it.<br />
<br />
25. An application for the registration of copyright in an interchangeable<br />
part of a mechanical instrument for mechanically reproducing musical works must<br />
be accompanied by the dise, cylinder, or music roll, by means of which the music<br />
is reproduced.<br />
<br />
26. Where an application for registration of copyright is made by a person,<br />
other than the author of the work, he shall in his application trace his title from<br />
the author, and shall attach to his application each assignment or instrument by<br />
virtue of which he derives his title, with an attested copy thereof.<br />
<br />
27. In the case of new editions of works containing material additions or<br />
alterations either in the letterpress or in the maps, prints, or other oo<br />
<br />
: + oes » resistrati f ight me made in<br />
belonging thereto, applications for registration of copyright may be 1<br />
respect of the new edition as if it were an independent work.<br />
<br />
. . . . ae a a r * a " 7 Ie 7 . ul 1<br />
<br />
28. If it is desired to register the words only of a song, the application sho lc<br />
be made as for a literary work ; if it is desired to register both words and music,<br />
application should be made as for a musical work.<br />
<br />
29. In the case of music published in different editions arranged - cae :<br />
<br />
: . ‘ : ; ‘ e for eac<br />
instruments, application for registration of copyright may be ma<br />
arrangement.<br />
<br />
30. In the case of engravings, photographs, or se _ meds for cath<br />
<br />
i Fatt icati istrati f right ma e€ meé ac<br />
<br />
with variations, application for registration of On GBS . aa<br />
<br />
. ely differentiate t sues.<br />
variety, and should be so worded as to closely differe<br />
<br />
31.—(1.) Every application for the r<br />
<br />
tistie works published<br />
<br />
egistration of a copyright, or performing<br />
ress, OF appoi 2 f agent ;<br />
right, shall be accompanied by a statement of address, or appointment of ee<br />
ications of e i onnexion W<br />
and all notices, requisitions, and communications of every kind in -<br />
: i sue r agent.<br />
an application may be sent by the Registrar to such address or ag’ a.<br />
(2.) The address for service shall be within the Commonwea a, e .<br />
= 1 ‘ A > situs ><br />
near to the city in which the Copyright Office is situs<br />
vice, or appointment of agent, left. at, or<br />
i@ on the person giving the notice until<br />
o<br />
<br />
Registrar requires, in or<br />
32. Any statement of address for serv<br />
sent to, the Copyright Office shall be bindir<br />
<br />
<br />
<br />
Copy of<br />
unpublished<br />
work to be<br />
forwarded,<br />
<br />
Title of<br />
literary work.<br />
<br />
Published<br />
books.<br />
<br />
Artistic<br />
works.<br />
<br />
Interchange-<br />
able parts.<br />
<br />
Title.<br />
<br />
New editions.<br />
<br />
Registration<br />
of song.<br />
<br />
Music pub-<br />
lished for<br />
different<br />
instruments.<br />
<br />
Engravings,<br />
photographs,<br />
&e.<br />
<br />
Statement of<br />
address.<br />
<br />
Notice to be<br />
binding.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
( )<br />
<br />
he appointment of some other address for service, or<br />
furnished by him to the Registrar.<br />
person becomes entitled to any registered copyright or<br />
<br />
e of an assignment or transmission, or to any interest<br />
be left at, or sent<br />
<br />
notice of revocation, or of t<br />
of some other agent, has been<br />
<br />
Entry of 33.—(1.) When any<br />
<br />
interest on performing right, by virtu<br />
<br />
— therein, a request for the entry of his name in the Register may<br />
by post to, the Copyright Office.<br />
<br />
(2.) The request may be in accordance with Form I or Form J, as the case<br />
requires, and shall be made and signed by the person claiming to be registered as<br />
owner or licensee, or by his agent, and shall be accompanied by the deed or docu-<br />
ment upon which he bases his request for registration.<br />
<br />
(3.) An attested copy of every deed and document affecting the ownership of<br />
the copyright, or performing right, or of any licence thereunder, shall accompany<br />
the request.<br />
<br />
(4.) The Registrar, if satisfied with the request, shall register the assignment,<br />
transmission, or licence by entering particulars thereof in the proper Register.<br />
<br />
34.—(1.) Declarations required for the purposes of these Regulations may be<br />
<br />
taken before any of the following persons :—<br />
<br />
(a) In Australia.—A Notary Public, a Justice of the Peace, a Commissioner<br />
for Affidavits, or any person authorized by any Act or State Act to<br />
administer oaths or take declarations.<br />
<br />
(b) In British Dominions other than Australia.—Any Judge, Magistrate,<br />
Justice of the Peace, Notary Public, or Commissioner for Oaths or<br />
Affidavits, or any person authorized by law to administer oaths or take<br />
<br />
Declarations.<br />
<br />
declarations.<br />
(c) In Foreign Countries.—Any Judge of a Supreme Court, British Consul or<br />
<br />
Consular Officer, or Notary Public of the foreign country in which the<br />
applicant may be, who is authorized by the laws of said country to<br />
administer oaths.<br />
<br />
(2.) The Registrar may take notice of the signature to any declaration, and<br />
of the signature of the person before whom it purports to have been declared,<br />
without proof of those signatures or of the official character of the person before<br />
whom the declaration purports to have been made.<br />
<br />
Alteration of 35. The Registers of Copyrights may be altered or amended by the Registrar<br />
registers. in the following cases :—<br />
(a) Where the error in entry has been made purely through the fault of the<br />
office ; or<br />
(b) Where the error in entry has been made through accident on the part of<br />
an applicant or his agent.<br />
In the latter case, however, no amendment shall be made unless the owner of the<br />
copyright or performing right lodges at the Copyright Office a request to amend,<br />
accompanied by the prescribed fee.<br />
ey of 36. The Registers of Copyrights shall be open to the inspection of the public<br />
= during office hours on every day during which the Copyright Office is open, except<br />
on the days and at the times following :—<br />
(a) Days which are from time to time notified by a placard posted in a con-<br />
spicuous place at the Copyright Office ; and :<br />
(b) Times when the Registers are required for any purpose of official use.<br />
<br />
<br />
<br />
<br />
(2)<br />
<br />
PART II.—Royatry Sysreu (GENERAL).<br />
<br />
37.—(1.) The notice required by section three of the British C<br />
shall contain the following particulars :—<br />
<br />
(a) The name and address of the person intending to reproduce the work :<br />
<br />
(6) the name of the work which it is intended to reproduce, and (if necessary)<br />
<br />
a description sufficient to identify it ;<br />
<br />
(c) the manner in which it is intended to reproduce the work (e.g.), whether<br />
by printing, lithography, photography, &ec. ;<br />
<br />
(d) the price or prices at which it is intended to publish the work ;<br />
<br />
(e) the earliest date at which any of the copies will be delivered to the pur-<br />
chaser.<br />
<br />
(2.) The notice shall, not less than one month before any copies of the work<br />
are delivered to the purchaser, be sent by registered post or published by advertise-<br />
ment as follows :—<br />
<br />
(a) If the name and an address within the Commonwealth of the owner of<br />
the copyright, or his agent for the receipt of notice, are known or can<br />
with reasonable diligence be ascertained, the notice shall be sent to the<br />
owner or agent at that address ; ;<br />
<br />
(6) if such name and address are not known and cannot, with reasonable<br />
diligence, be ascertained, the notice shall be advertised in the Gazette ;<br />
the advertisement in the Gazette shall give the particulars required by<br />
paragraphs (a) and (b) of sub-regulation (1) of this Regulation, and shall<br />
also state an address from which a copy of the notice described in sub-<br />
regulation (1) of this Regulation may be obtained.<br />
<br />
38.—(1.) Unless otherwise agreed, royalties thall be payable by means of<br />
adhesive labels purchased from the owner of the copyright, and affixed to the<br />
copies of the work.<br />
<br />
(2.) After the person reproducing the work has given the prescribed notice of<br />
his intention to reproduce the work, the owner of the copyright shall, by writing<br />
sent by registered post, intimate to him some reasonably convenient place within<br />
the Commonwealth from which adhesive labels can be obtained, and, on demand<br />
in writing and tender of the price, shall supply from such place adhesive labels of<br />
the required denominations at a price equal to the amount of royalty represented<br />
thereby.<br />
<br />
39. Subject to these Regulations, no copy of the work shall be delivered to :<br />
purchaser until the label or labels denoting amount of royalty have been affixec<br />
thereto. ae<br />
<br />
40.—(1.) In cases where royalties are payable by means of lt al € . i<br />
at any time labels of the required denomination are not available es ee<br />
<br />
(a) after the expiration of fourteen days from the date of the ao :<br />
<br />
notice the owner of the copyright has not duly sent to the person eS<br />
ducing the work an intimation of some reasonably covenant P ace<br />
within the Commonwealth from which such labels can be Shane i or<br />
<br />
(b) the owner of the copyright ee or eine to supply such labels within<br />
<br />
days after demand duly made, :<br />
copies of be wc oe be delivered to purchasers without having labels a<br />
thereto, and the amount of royalties shall be a debt due by the person repro y<br />
<br />
<br />
<br />
opyright Act Notice.<br />
<br />
Payment of<br />
royalties.<br />
<br />
Copies not to<br />
be delivered<br />
until labels<br />
affixed.<br />
<br />
Adhesive<br />
labels not<br />
available.<br />
<br />
<br />
Cc .<br />
<br />
the work to the owner of the copyright, and the person reproducing the work shall<br />
keep an account of all such copies sold by him.<br />
(2.) For the purpose of this Regulation “ the date of the prescribed notice ”<br />
<br />
<br />
<br />
means—<br />
(a) in cases when the notice is required to be sent by registered post, the date<br />
when the notice would in ordinary course of post be delivered ;<br />
(b) in cases when the notice is required to be advertised in the Gazette, the<br />
date of such advertisement.<br />
<br />
Royalties 41. Where royalties are by agreement payable in any other mode than by<br />
oo . means of adhesive labels the time and frequency of the payment shall be such as<br />
than by are specified in the agreement.<br />
adhesive<br />
Jabels. 42. The adhesive label, supplied as aforesaid, shall be an adhesive paper label,<br />
Form of square in shape, the design to be entirely enclosed within a circle, and the side of<br />
cc the label not to be greater than 4-inch in length. The label shall not be in a form<br />
which resembles any postage stamp nor bear the effigy of the Sovereign or any<br />
other person, nor any word, mark, or design such as to suggest that the label is<br />
issued by or under the authority of the Government or any State Government for<br />
the purpose of denoting any duty payable to such Government.<br />
PART IlL.—Royatry System (MecuanicaL MusicaL CONTRIVANCES).<br />
‘Notice. 48,—(1.) The notice required by sub-section (2) of section nineteen of the<br />
<br />
British Copyright Act shall contain the following particulars :—<br />
<br />
(a) The name and address of the person intending to make the contrivances ;<br />
<br />
(b) the name of the musical work which it is intended to reproduce and of the<br />
author (if known) ; and (if necessary) a description sufficient to identify<br />
the musical work ;<br />
<br />
(c) the class ‘of contrivance on which it is intended to reproduce the musical<br />
work (e.g.) whether discs, cylinders or music rolls ;<br />
<br />
(d) the ordinary retail selling prices of the contrivances, and the amount of<br />
the royalty payable on each contrivance in respect of the musical work ;<br />
<br />
(e) the earliest date at which any of the contrivances will be delivered to the<br />
purchaser ; :<br />
<br />
(f) whether any other work is to be reproduced on the same contrivance with<br />
the musical work specified in accordance with paragraph (0).<br />
<br />
(2.) The notice shall, not less than ten days before any contrivances on which<br />
the musical work is reproduced are delivered to a purchaser, be sent by registered<br />
post or published by advertisement as follows :—<br />
<br />
(a) If the name and an address within the Commonwealth of the owner of the<br />
copyright, or his agent for the receipt of notice, are known or can with<br />
reasonable diligence be ascertained, the notice shall be sent to the owner<br />
or agent at that address ;<br />
<br />
(b) if such name and address are not known and cannot with reasonable<br />
diligence be ascertained, the notice shall be advertised in the Gazette ;<br />
the advertisement in the Gazette shall give the particulars required by<br />
paragraphs (a) and (b) of sub-regulation (1) of this Regulation, and shall<br />
also state an address from which a copy of the notice described in sub-<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
regulation (1) of this Regulation may be obtained. Any number of<br />
musical works may be included in the same advertisement.<br />
<br />
44.—(1.) Unless otherwise agreed, royalties shall be payable by means of<br />
adhesive labels purchased from the owner of the copyright and affixed in the manner<br />
provided by this part of these Regulations.<br />
<br />
(2.) After the person making the contrivances has given the prescribed notice<br />
of his intention to make or sell the contrivances, the owner of the copyright shall<br />
by writing, sent by registered post, intimate to him some reasonably convenient<br />
place within the Commonwealth of Australia from which adhesive labels can be<br />
obtained, and on demand in writing and tender of the price shall supply from such<br />
place adhesive labels of the required denominations at a price equal to the amount<br />
of royalty represented thereby.<br />
<br />
45. Subject to these Regulations no contrivance shall be delivered to a pur-<br />
chaser until such label or labels denoting the amount of royalty have been affixed<br />
thereto, or, in the case of cylinders to which it is not reasonably practicable to<br />
affix the labels, until such label or labels have been affixed to a carton or box<br />
enclosing the cylinder.<br />
<br />
46.—(1.) In cases where royalties are payable by means of adhesive labels, if<br />
at any time labels of the required denominations are not available either because—<br />
(a) after the expiration of five days from the date of the prescribed notice of<br />
the intention of the person making the contrivances to make or sell such<br />
contrivances the owner of the copyright has not duly sent to the person<br />
making the contrivances an intimation of some reasonably convenient<br />
place within the Commonwealth of Australia from which such labels can<br />
be obtained ; or oe<br />
(b) the owner of the copyright refuses or neglects to supply such labels within<br />
three days after demand duly made,<br />
contrivances may be delivered to purchasers w<br />
or to the carton or box enclosing the same ; and<br />
debt due by the person making the contrivance<br />
and the person making the contrivances shall k<br />
vances sold by him.<br />
(2.) For the purposes of this Regulation<br />
<br />
means—<br />
(a) in cases where the notice is required to be sent by registered post, the date<br />
<br />
when the notice would in ordinary course of post be delivered :<br />
(b) in cases where the notice is required to be advertised in the Gazette, the<br />
<br />
date of such advertisement.<br />
<br />
ithout having labels affixed thereto<br />
the amount of royalties shall be a<br />
es to the owner of the copyright,<br />
eep an account of all such contri-<br />
<br />
“ the date of the prescribed notice ”<br />
<br />
47. In cases where royalties are payable on contrivances before<br />
commencement of the Act, the person making such contrivances may 2 —<br />
of his intention to sell them, containing mutatis mutandis the same algae<br />
<br />
given in the same manner as is prescribed by these Regulations in the case of the<br />
<br />
notice required by sub-section (2) of section nineteen of the British Copyright Act.<br />
<br />
ayable in any other mode than by<br />
<br />
i t<br />
48. Where royalties are by agreement P Fs aigabts ele<br />
<br />
means of adhesive labels, the time and frequency of the p<br />
<br />
are specified in the agreement.<br />
<br />
Payment of<br />
royalties,<br />
<br />
Contrivance<br />
not to be<br />
delivered<br />
without<br />
adhesive<br />
labels.<br />
<br />
Adhesive<br />
labels not<br />
available.<br />
<br />
Royalties on<br />
contrivances<br />
made before<br />
commence-<br />
<br />
ment of Act.<br />
<br />
Royalties<br />
payable<br />
otherwise<br />
than by<br />
adhesive<br />
labels.<br />
<br />
<br />
Form of<br />
adhesive<br />
label.<br />
<br />
Ordinary<br />
retail selling<br />
price.<br />
<br />
Inquiries.<br />
<br />
Time for<br />
reply.<br />
<br />
<br />
<br />
<br />
<br />
(wa<br />
<br />
49. The adhesive label supplied as aforesaid shall be an adhesive paper label,<br />
square in shape, the design to be entirely enclosed within a circle, and the side of<br />
the label not to be greater than $-inch in length. The label shall not be in a form<br />
which resembles any postage stamp nor bear the effigy of the Sovereign or any<br />
other person, nor any word, mark, or design such as to suggest that the label is<br />
issued by or under the authority of the Government or any State Government for<br />
the purpose of denoting any duty payable to such Government.<br />
<br />
50. The ordinary retail selling price of any contrivance shall be calculated at<br />
the marked or catalogued selling price of single copies to the public, or, if there is<br />
no such marked or catalogued selling price, at the highest price at which single<br />
copies are ordinarily sold to the public.<br />
<br />
51.—(1.) The inquiries referred to in sub-section (5) of section nineteen of<br />
the British Copyright Act shall be directed to the owner of the copyright by name,<br />
or (if his name is not known and cannot with reasonable diligence be ascertained)<br />
in general terms to ‘“‘ the owner of the copyright ” of the musical work in respect<br />
of which the inquiries are made, and shall contain—<br />
<br />
(a) a statement of the name of the musical work in respect of which the<br />
inquiries are made and of the author (if known), and (if necessary) a<br />
description sufficient to identify it ;<br />
<br />
(b) a statement of the name, address and occupation of the person making<br />
the inquiries ;<br />
<br />
(e) an allegation that a contrivance has previously been made by means of<br />
which the musical work may be mechanically performed, with the trade<br />
name (if known) and a description of such contrivance ;<br />
<br />
(d) an inquiry whether the contrivance so described was made with the<br />
consent or acquiescence of the owner of the copyright.<br />
<br />
(2.) The inquiries shall be sent by registered post or published by advertisement<br />
<br />
as follows :—-<br />
<br />
(a) If an address within the Commonwealth of the owner of the copyright is<br />
known, or can with reasonable diligence be ascertained, the inquiries<br />
shall be sent to such address ; or<br />
<br />
(b) if such address is not known and cannot with reasonable diligence be<br />
ascertained, the inquiries shall be advertised in the Gazette.<br />
<br />
52. The prescribed time for reply to such inquiries shall be .—<br />
<br />
(a) in cases where the inquiries are required to be sent by registered post,<br />
seven days after the date when the inquiries would in ordinary course<br />
of post be delivered ; and<br />
<br />
(b) in cases where the inquiries are required to be advertised in the Gazette,<br />
seven days after the date of such advertisement.<br />
<br />
PART IV.—REPEAL.<br />
<br />
58. All Regulations, whether provisional or otherwise, heretofore made under<br />
the Act and in force at the commencement of these Regulations are hereby repealed<br />
<br />
Save as to any right, privilege, obligation, or liability acquired, accrued, or incurred<br />
thereunder.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
a<br />
<br />
10.<br />
iL<br />
<br />
A.<br />
<br />
Al.<br />
<br />
A2.<br />
<br />
A3.<br />
<br />
REP AST BD<br />
<br />
(an 5<br />
<br />
THE FIRST SCHEDULE.<br />
<br />
FrEeEs:<br />
<br />
On filing is as os ‘ :<br />
: tee ciple for registration of copyright in a literary or musical work<br />
n filing a atio istrati ri i isti<br />
pplication for registration of copyright in an artistic work (except copyright in a<br />
photograph) : :<br />
On filing applic 7 a<br />
pplication for registration vet copy sytickit i ina déadiwthe work (except Sopris ts in<br />
an original cinematograph production)<br />
On filing application for registration of copyright in a Sieies ck<br />
On filing application for registration of performing right in a musical or dramatic york<br />
O g ‘ > re<br />
n filing application for the registration of copyright in an a oe pro-<br />
duction ;<br />
On filing Sapien for the Waleiedion of the selevialtt in a ‘eseiical oni ance for<br />
reproducing a musical work : a . :<br />
On request to the Registrar to register an assignment, transmission, or licence, in connexion<br />
with a copyright or performing right<br />
For inspection of the Register—for each entry eincehiat re or inspec ted<br />
For certified copy of an entry in the Register ..<br />
On application to the Registrar for amendment of the Re gister ruler ection 36 of he Act<br />
<br />
SECOND SCHEDULE.<br />
<br />
InpEx TO CopyRicgHt Forms.<br />
<br />
Application for registration of copyright in a published original literary, dramatic, musical,<br />
<br />
or artistic work ve . . :<br />
Application for registration of copyright in ina pu blished cituinil fineras y> deinatis. ‘euseal,<br />
or artistic work. (By a firm) ae a. <s<br />
Application for registration of copy right j in a pu blished Geel ey dramatic, musical,<br />
or artistic work. (By a body corporate) .. Ae ae ws ae<br />
Application for the registration of copy right in a bolasiee work. (By owner or his assignee,<br />
agent, or attorney) is A ae =<br />
Application for registration of copy right in an + aapubliched gage literary, dramatic,<br />
musical, or artistic work a. oe & ee<br />
Application for registration of copyr ight ina pistons pl. (By the author or his assignee,<br />
agent, or attorney) z Se os<br />
Application for registration of cores a in a photogreph. (By a firm) va<br />
Application for registration of copyright in a published mechanical musical contrivance .<br />
Application for registration of copyright in an unpublished mechanical musical a<br />
<br />
vance<br />
<br />
Application for Hapa<br />
musical or dramatic work<br />
<br />
Statement of address<br />
<br />
Appointment of agent<br />
Request to enter name of sabesctient owner of bepyeicit upon the vegiaver of copy ee<br />
<br />
Request to enter notification of licence or other document in the register of copyrights .<br />
Application for amendment or alteration of the Register under Section 36 of the Act<br />
Search warrant under Section 16 (1) (a) of the Act... oe ee ie a a<br />
Search warrant under Section 16 (1) (6) of the Act t a<br />
Notice under Section 17 of the Act forbidding the performance<br />
WOK os “3 es pe aia ce .<br />
<br />
deter of ‘he sole ik to poctorme or authorize the performance ots a<br />
<br />
e of a musical or dramatic<br />
<br />
<br />
<br />
..<br />
<br />
<br />
<br />
po<br />
<br />
5 0<br />
<br />
or Oo<br />
oo<br />
<br />
-. 10-0<br />
<br />
So<br />
<br />
ot OL<br />
eoooo<br />
<br />
or<br />
<br />
PAGE<br />
<br />
12<br />
<br />
13<br />
<br />
14<br />
<br />
14<br />
<br />
15<br />
<br />
16<br />
16<br />
<br />
20<br />
20<br />
21<br />
<br />
21<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
FORM A.<br />
Copyrights. Commonwealth of Australia.<br />
<br />
Copyright Act, 1912.<br />
<br />
<br />
<br />
<br />
<br />
APPLICATION FOR REGISTRATION OF COPYRIGHT IN A PUBLISHED ORIGINAL LITERARY, DRAMATIC,<br />
Musica, or ArTIsTIC WoRK.<br />
<br />
(By the author or authors, or his or their assignee, agent, or attorney.)<br />
<br />
2. (1) of (2) (3) hereby make application for the registration of the<br />
copyright in a (4) work being a (5) entitled (6)<br />
<br />
W. do hereby declare that the said (4) was first published in (*a part of His Majesty’s<br />
‘Demanions to which the Act extends or a foreign country to which an Order in Council under the Act<br />
relates) by at on the and that such date was not later than fourteen days (or<br />
such further time as is fixed by law) after the date of its first publication elsewhere. :<br />
<br />
a do further declare that (7) the author of the said (4) work, and that ger<br />
<br />
the owner of the copyright therein.<br />
And ,,, make this declaration conscientiously believing the statements contained therein to be<br />
true in every particular. :<br />
Declared at this day of 19 (8).<br />
<br />
Before me (9) :<br />
To the Registrar of Copyrights, Commonwealth of Australia.<br />
<br />
<br />
<br />
(1) Name of Applicant (in full).<br />
(2) Address.<br />
(3) Occupation. S ook i eo<br />
(4) State whether “ Literary,”’ “ Dramatic.” or * Musical, oo Artistic ” Work, as the case may be.<br />
(5) State whether ‘‘ Book,” “‘ Drama,” “Song,” ~ Painting,” ‘“‘ Work of Sculpture,”’ ‘‘ Lecture,’<br />
&c., as the case may be. : aS : aS<br />
<br />
(6) Title of Work (in full) or description sufficient to identify it.<br />
<br />
(7) State the Name of the Author of the Work.<br />
<br />
(8) Signature of Applicant. one<br />
(9) Signature of Person before whom the Declaration is made. : :<br />
<br />
Nors.—Where the applicant is the assignee from the author the applicant must forward with his<br />
application each assignment or instrument by virtue of which he derives his title, with an attested copy<br />
thereof.<br />
<br />
* Strike out whichever is not needed.<br />
<br />
| FORM Al.<br />
a. Commonwealth of Australia,<br />
<br />
Copyright Act, 1912.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
APPLICATION FOR REGISTRATION OF COPYRIGHT IN A PUBLISHED ORIGINAL LITERARY, DRAMATIC,<br />
Musica, or Artistic WoRK.<br />
<br />
(By a Firm.)<br />
<br />
<br />
<br />
<br />
<br />
<br />
(1) doing business at (2) and composed of the following members (3)<br />
hereby applies for the registration of the copyright in a (4) work, being a (5) entitled<br />
and I (7) a member of the firm of (1) the applicant named herein, declare<br />
that the said (4) work was first published in (*a part of His Majesty’s Dominions to which the<br />
Act extends or a foreign country to which an Order in Council under the Act relates) by at<br />
on the and that such date was not later than fourteen days (or such further time as<br />
<br />
is fixed by law) after the date of its first publication elsewhere.<br />
<br />
I, the said (7) do further declare that (8) the author of the said (4) work,<br />
<br />
and that the said firm of (1) is the owner of the copyright therein.<br />
<br />
<br />
<br />
<br />
Coif)<br />
<br />
And I, the said (7) i<br />
A ; 8 7 make this declaration conscientiously believi<br />
ee eee ey artis é scientiously believing the statements contained<br />
¢<br />
Declared at this day 19<br />
<br />
: Before me—(10) Z<br />
<br />
r Rae teas AF Cl . ‘<br />
<br />
To the Registrar of Copyrights, Commonwealth of Australia<br />
<br />
(1) Name of Firm (in full).<br />
(2) Place of Business.<br />
(3) Name of individual Members of Firm (in full).<br />
: — Soar ge nee ** Dramatic,’’**‘ Musical,” or ‘‘ Artistic?’ work, as the case may be<br />
ate whether ED A rani! (4 29 C6 Petit 0) SOTO Ok aa Sema ee<br />
- - ook, Drama, Song, Painting, Work of Sculpture,” &c., as the<br />
(6)<br />
(7) Name (in full) of Member of Firm who makes the Declaration.<br />
(8) State the Name of the Author of the Work.<br />
(9) Signature of person authorized to sign the application.<br />
(10) Signature of person before whom the Declaration is made.<br />
<br />
_ Nore.—W here the Applicant is the Assignee from the Author, the Applicant must forward with<br />
his application each assignment or instrument by virtue of which he derives his title, with an attested<br />
Copy thereof.<br />
<br />
* Strike out whichever is not needed.<br />
<br />
1<br />
2<br />
3<br />
4<br />
5<br />
m<br />
6<br />
7<br />
8<br />
<br />
<br />
<br />
FORM Az.<br />
<br />
Copyrights. . 5<br />
alte Commonwealth of Australia.<br />
<br />
<br />
<br />
<br />
<br />
Copyright Act, 1912.<br />
<br />
ATION OF COPYRIGHT IN A PUBLISHED ORIGINAL LITERARY, DRAMATIC,<br />
<br />
APPLICATION FOR REGISTR<br />
MustcaL, on Artistic WoRK.<br />
<br />
(By a body corporate.)<br />
<br />
The (1) a corporation duly organized under the laws of (2) located at (3)<br />
and having an established place of business at (4) hereby applies for the registration of the<br />
copyright in a (5) work, being a (6) entitled (7) and I (8) declare that<br />
the said (5) work was first published in (*a part of His Majesty’s Dominions to which the Act<br />
extends or a foreign country to which an Order in Council under the Act relates) by at<br />
on and that such date was not later than fourteen days (or such further time as is fixed by<br />
law) after the date of its first publication elsewhere. :<br />
<br />
I, the said (8) do further declare that (9) _ the author of the said (5) work,<br />
and that (1) is the owner of the copyright therein.<br />
<br />
And I, the said (8) make this declaration conscl<br />
articular.<br />
therein to be true in every particula ae<br />
<br />
was hereto affixed in the presence of (10) ‘<br />
Signature of Declarant—<br />
<br />
entiously believing the statements contained<br />
<br />
The Common Seal of (1)<br />
Witness to signature of declarant— :<br />
To the Registrar of Copyrights. Commonwealth of Australia.<br />
<br />
(1) Name of Company (in full). :<br />
<br />
(2) Name of State or Country under whose laws Company is organized.<br />
<br />
(3) State where Company is located. :<br />
blished.<br />
<br />
4) State where place of business is esta oe : i<br />
mi ied Skee “Literary, ‘ Dramatic,” “‘ Musical,” or ‘‘ Artistic ° Work, as the case may be.<br />
<br />
(6) State whether “ Book,” ‘‘ Drama,” “Song,” ‘‘ Painting,” “ Work of Sculpture,” &c., as the<br />
<br />
case may be. ae<br />
<br />
(7) Title of Work (in full), or descriptio<br />
<br />
(8) Name and Address of Secretary es So<br />
<br />
f the Author of the Work. : of<br />
<br />
ce} Te ented with Signatures of Officers as prescribed by the Articles of Association of<br />
Company. : ‘ oe<br />
<br />
Nove.—Where the Applicant 1s the Assignee<br />
<br />
the application each assignment or instrument by<br />
<br />
Copy thereof.<br />
PY, Strike out whichever is not needed.<br />
<br />
n sufficient to identify it.<br />
) authorized to make Declaration.<br />
<br />
from the Author, the Applicant must forward with<br />
virtue of which it derives title, with an attested<br />
<br />
<br />
<br />
<br />
<br />
<br />
(1 )<br />
<br />
<br />
<br />
—_—_—_—— FORM A3.<br />
<br />
Copyrights.<br />
<br />
<br />
<br />
Commonwealth of Australia.<br />
i<br />
Copyright Act, 1912.<br />
APPLICATION FOR THE REGISTRATION OF COPYRIGHT IN A CoLLEcTIVE Work.<br />
<br />
(By the owner or owners or his or their assignee, agent, or attorney.)<br />
<br />
(1) hereby make application for the registration of (2) copyright in a collective<br />
yor ing a (¢ entitled (4<br />
ae ear declare that a Lad (3) was first published in (*a part of His Majesty's<br />
Dominions to which the Act extends or a foreign country to which an Order in Council under the Act<br />
relates) by at on the and that such date was not later than fourteen days (or<br />
such further time as is fixed by law) after the date of its first publication elsewhere.<br />
I do further declare that (5) is the owner of the copyright in the said (3)<br />
<br />
And I make this declaration conscientiously believing the statements contained therein to be true<br />
in every particular.<br />
(6)<br />
<br />
Declared at this day of 19<br />
Before me—(7) :<br />
To the Registrar of Copyrights, Commonwealth of Australia.<br />
<br />
(1) Name (in full), Address, and Occupation of Applicant. If application is made by an Agent or<br />
Attorney, evidence of authority to make the application must be furnished.<br />
<br />
(2) “My.” our; “then, or — its:<br />
<br />
(3) State whether ‘‘ Encyclopaedia,” ‘‘ Dictionary,” ‘‘ Year Book,” or similar work.<br />
(4) Title of Work (in full), or description sufficient to identify it.<br />
<br />
(5) Name of Owner of Collective Work.<br />
<br />
(6) Signature of Applicant.<br />
<br />
(7) Signature of person before whom the Declaration is made.<br />
<br />
Notse.—Where the Applicant is the Assignee from the Owner, the Applicant must forward with his<br />
application each assignment or instrument by virtue of which he derives his title, with an attested Copy<br />
thereof.<br />
<br />
* Strike out whichever is not needed.<br />
<br />
<br />
<br />
FORM B.<br />
Copyrights.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
Commonwealth of Australia.<br />
Copyright Act, 1912.<br />
<br />
APPLICATION FOR REGISTRATION OF COPYRIGHT IN AN UNPUBLISHED ORIGINAL LITERARY, DRAMATIC,<br />
Mustcat or Artistic Work.<br />
<br />
(By the author or authors, or his or their assignee, agent, or attorney.)<br />
<br />
I<br />
We (1) of (2) (3) hereby make application for the registration of the<br />
copyright in a (4) work, being a (5) entitled (6)<br />
We declare that (7) the author of the said (4) work, and at the time of the making<br />
thereof, was (9)<br />
<br />
Iam<br />
<br />
I<br />
We do further declare that wo Ate the owner of the copyright in the said (4) work.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
( i)<br />
<br />
And I ake this i<br />
we make this declaration conscientiously bel<br />
true in every particular. :<br />
Declared at this day of<br />
<br />
leving the statements contained therein to be<br />
<br />
19.<br />
Before me (11) (10)<br />
E ecistre 1 ; 4<br />
o the Registrar of Copyrights, Commonwealth of Australia<br />
<br />
Name of Applicant (in full)<br />
Address. :<br />
Occupation.<br />
State whether ‘‘ Literary,” ‘“‘ Dr: ic ical,”<br />
State whether ‘ ass co yee ing,” 7 oo...<br />
State Title of Work in full, or deseri aon ffici chistes ea ee |<br />
Name of the Author of the Work. oe<br />
” a. of the negative in the case of a photograph.<br />
OS siihjaot mares . _ part of His Majesty's Dominions to which the Act<br />
or “ Resident in a foreign Soanery to oe ee cue<br />
on : g rder in Council under the Act relates,’’ as the case<br />
(10) Signature of Applicant.<br />
oe oe the Declaration is made.<br />
an soon erg — Assignee from the Author, the Applicant must forward with<br />
roe sama g strument by virtue of which he derives his title, with an attested<br />
<br />
SoS SS SSS<br />
<br />
<br />
<br />
FORM C.<br />
<br />
Copyrights.<br />
Commonwealth of Australia.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
Copyright Act, 1912.<br />
APPLICATION FOR REGISTRATION OF COPYRIGHT IN A PHOTOGRAPH.<br />
: (By the author or authors, or his or their assignee, agent, or attorney.)<br />
We (1) of (2) (3) hereby make application for the registration of the<br />
copyright in a photograph entitled (4)<br />
i os<br />
x7, declare that (5 of (6)<br />
We )<br />
the making of the original negative (viz. (7)<br />
*T or he was (8)<br />
we or they were.<br />
I Iam . ce : : :<br />
the owner of the copyright in the said photograph.<br />
<br />
We do further declare that oo are<br />
And we make this declaration conscientiously believing the statements contained therein to be<br />
<br />
true in every particular.<br />
(9<br />
<br />
the author of the said photograph, and at the time of<br />
) from which it was directly or indirectly derived<br />
<br />
Declared at this day of 19<br />
Before me—(10) ‘ :<br />
To the Registrar of Copyrights. Commonwealth of Australia.<br />
<br />
Name of Applicant (in full).<br />
Address.<br />
<br />
Occupation. ae a : ee<br />
Title of Photograph (in full), or description sufficient to identify it. ae<br />
State the name of the Author of the Work, or the words “lam,” or we are, as the case<br />
<br />
ww<br />
~eLTSTreTe~S<br />
<br />
2<br />
<br />
requir han the Applicant.<br />
<br />
6) Here insert Address of Author if a person other t<br />
<br />
7) Fill in date of the making of the negative. a : oe .<br />
(3) “A British Subject,” “ Resident within a part of His Majesty's Dopanioms te Ww on ~ Act<br />
: ; oe ae -y £0 which ¢ erin C >] er the Act relates,<br />
<br />
extends,” “‘ a subject or citizen of a foreign country to which an Order in Council unc scr regan<br />
<br />
or “ Resident in a foreign cou der in Council under the Act re<br />
Res ig<br />
<br />
may be. |<br />
(9) Signature of Applicant. |.<br />
<br />
10) Signature of person before whom the declaration is made. :<br />
ae te Applicant is the Assignee from the Author, the Applic<br />
application each assignment or instrument by virtue<br />
<br />
Copy thereof. :<br />
* Strike out whichever 1s not needed.<br />
<br />
Vo<br />
<br />
ntry to which an Or<br />
<br />
vant must forward with his<br />
<br />
derives his title, with an attested<br />
<br />
of which he<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
FORM Cl.<br />
<br />
Copyrights.<br />
<br />
Commonwealth of Australia.<br />
<br />
<br />
<br />
Copyright Act, 1912.<br />
AppLICATION FOR REGISTRATION OF COPYRIGHT IN A PHOTOGRAPH.<br />
<br />
(By a Firm.)<br />
<br />
(1) doing business at (2) and composed of the following members (3) :<br />
hereby applies for the registration of the copyright in a photograph entitled (4) and I (5)<br />
“a member of the firm of (1) the applicant named herein, declare that (6) of<br />
(7) the author of the said photograph, and at the time of the making of the original negative<br />
a. : ae : he was<br />
(viz., (8) ) from which it was directly or indirectly derived they ee) :<br />
I, the said (5) do further declare that the said firm of (1) is the owner of the<br />
copyright in the said photograph. oS :<br />
And I, the said (5) make this declaration conscientiously believing the statements contained<br />
therein to be true in every particular. oe<br />
)<br />
Declared at this day of 19<br />
Before me—(11) :<br />
<br />
To the Registrar of Copyrights, Commonwealth of Australia.<br />
<br />
(1) Name of Firm (in full).<br />
<br />
(2) Place of Business.<br />
<br />
(3) Names of individual Members of Firm (in full).<br />
<br />
(4) Title of Photograph (in full), or description sufficient to identify it.<br />
(5) Name (in full) of Member of Firm who makes the Declaration.<br />
<br />
(6) Here insert (in full) Name of Author of Photograph.<br />
<br />
(7) Address of Author.<br />
<br />
(8) Fillin Date of making of the negative.<br />
<br />
(9) “‘A British Subject,” ‘“‘ Resident within a part of His Majesty’s Dominions to which the Act<br />
extends,” “a subject or citizen of a foreign country to which an Order in Council under the Act relates,”<br />
ore: Agee in a foreign country to which an Order in Council under the Act relates,” as the case<br />
may be.<br />
<br />
(10) Signature of person authorized to sign the application.<br />
(11) Signature of person before whom the Declaration is made.<br />
<br />
Note.—Where the Applicant is the Assignee from the Author, the Applicant must forward with his<br />
apeenen each assignment or instrument by virtue of which he derives his title, with an attested Copy<br />
tnereotr.<br />
<br />
<br />
<br />
FORM D.<br />
Copyrights.<br />
<br />
<br />
<br />
<br />
<br />
Commonwealth of Australia.<br />
<br />
<br />
<br />
Copyright Act, 1912.<br />
<br />
APPLICATION FOR REGISTRATION OF COPYRIGHT IN A PUBLISHED MECHANICAL MuUsIcaL<br />
CONTRIVANCE.<br />
<br />
(By the author or authors, or his or their assignee, agent, or attorney.)<br />
<br />
I<br />
<br />
we ()) of (2) (3) hereby make application for the registration of the<br />
copyright in a mechanical musical contrivance, being a (4) , for mechanically reproducing a<br />
musical work entitled (5) by (6) .<br />
<br />
The original plate from which the said contrivance was directly or indirectly derived was made<br />
by (7) at (8) on (9) : L :<br />
of declare that the said contrivance was first published in (*a part of His Majesty’s Dominions to<br />
which this Act extends or a foreign country to which an Order in Council under the Act relates) by<br />
5 at on and that such date was not later than fourteen days (or such further<br />
period as is fixed by law) after the date of its first publication elsewhere.<br />
<br />
I :<br />
We “oe further declare that (10) the author of the said mechanical contrivance, and that<br />
<br />
Ila<br />
am the owner of the copyright therein.<br />
<br />
WE are<br />
<br />
<br />
<br />
<br />
<br />
<br />
Cay<br />
<br />
Zz<br />
<br />
And make this i i<br />
<br />
f we me nis declaration conscientiously believi Q<br />
<br />
: sly eving the statements containe rel<br />
ee g the statements contained therein to be<br />
<br />
Declared at this day of 19<br />
i Before me (12) : ay<br />
: the Registi - = ( epyTients, Commonwealth of Australia.<br />
Name of Applicant (in full).<br />
Address.<br />
Occupation.<br />
te whether “* Disc,” ** Cylinder,” ‘ Roll,” &c., as the case may be<br />
Pitle of Musical Work, and (if necessary) a description sufficient to identify it<br />
State the Name of the Author of the Musical Work. i<br />
State the Name of Maker of the Plate.<br />
State the Place where the original Plate was made.<br />
State date on which the original Plate was made.<br />
State the Name of the Author of the Contrivance.<br />
Signature of Applicant.<br />
(12) Signature of Person before whom the Declaration is made.<br />
<br />
airpiin ates the Applicant is the Assignee from the Author, the Applicant must forward with his<br />
<br />
vation each assignment or instrument by virtue of which he derives his title, wi attes Copy<br />
app 7 es his title, with an attested Copy<br />
<br />
* Strike out whichever is not needed.<br />
<br />
ON =<br />
<br />
_<br />
—_————ererreee<br />
<br />
SS<br />
Se OO WAI OE<br />
<br />
FORM E.<br />
<br />
Copyrights. -<br />
oo Commonwealth of Australia.<br />
<br />
<br />
<br />
ee<br />
Copyright Act, 1912.<br />
<br />
APPLICATION FOR REGISTRATION OF COPYRIGHT IN AN UNPUBLISHED MxrcHANICAL Musical<br />
CONTRIVANCE. -<br />
<br />
(By the author or authors, or his or their assignee, agent, or attorney.)<br />
<br />
I i . :<br />
<br />
We (1) of (2) (3) hereby make application for the registration of the<br />
<br />
copyright in a mechanical musical contrivance, being a (4) , for mechanically reproducing a<br />
musical work entitled (5) by (6) é<br />
<br />
The original plate from which the said contrivance was direct<br />
<br />
by (7) at (8) on (9)<br />
ae declare that (10) the author of the said contrivance, and at the time of the making<br />
<br />
thereof was (11) :<br />
We do further declare that . the owner of the<br />
<br />
ly or indirectly derived was made<br />
<br />
copyright in the said contrivance.<br />
<br />
And = make this declaration conscientiously believing the statements contained therein to be true<br />
in every particular.<br />
Declared at this day of 19,<br />
(12)<br />
<br />
Before me (13)<br />
To the Registrar of Copyrights,<br />
<br />
Commonwealth of Aust ralia.<br />
<br />
(1) Name of Applicant (in full).<br />
<br />
(2) Address.<br />
<br />
(3) Occupation. 0 . ek<br />
(4) State whether © Disc,” ‘‘ Cylinder,’ Roll,”’ &c., as the case may be.<br />
(5) Title of Musical Work, and (if necessary) @ description sufficient to identify it.<br />
(6) State the Name of the Author of the Musical Work.<br />
<br />
(7) State the Name of the Maker of the Plate.<br />
<br />
(8) State the Place where the original Plate-was made.<br />
<br />
(9) State the Date on which the original Plate was made,<br />
<br />
0) State the Name of the Author of the Contrivance. :<br />
1p a British Subject” “resident within a part of His Majesty's Dominions to w hich the Act<br />
<br />
extends,” ‘‘a subject or citizen of a foreign country to which an Order in Seon _ Jong ro oponl<br />
which an Order in Council under the # ct relates,<br />
<br />
may be. :<br />
(12) Signature of Applicant.<br />
(13) Signature of Person bef °<br />
<br />
- “Norg.—Where the Applicant is f<br />
application each assignment or instrument by virtue<br />
<br />
Copy thereof.<br />
<br />
~~<br />
<br />
ert<br />
<br />
“eo W » Declaration is made. :<br />
oe oe ant must forward with his<br />
with an attested<br />
<br />
the Assignee from the Author, the Applica I<br />
| of which he derives his title,<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 />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
( )<br />
<br />
FORM F.<br />
Copyrights. :<br />
Commonwealth of Australia.<br />
<br />
a<br />
<br />
Copyright Act, 1912.<br />
<br />
AppLICATION FOR REGISTRATION OF THE SOLE Rigut TO PERFORM OR AUTHORISE THE PERFORMANCE<br />
or A MusicaL oR DramMatic WORK.<br />
<br />
So (1) of (2) (3) hereby make application for the registration of the sole<br />
right to perform or authorize the performance in the Commonwealth of a (4) work entitled<br />
(5) :<br />
<br />
a do hereby declare that (6) the author of the said work, and that (7)<br />
<br />
the owner of the sole right to perform or authorize the performance of the said work.<br />
And ! make this declaration conscientiously believing the statements contained therein to be<br />
we<br />
true in every particular. :<br />
Declared at this day of 19<br />
<br />
(9)<br />
Before me ;<br />
To the Registrar of Copyrights, Commonwealth of Australia.<br />
<br />
(8)<br />
<br />
) Name of Applicant (in full).<br />
<br />
) Address.<br />
<br />
) Occupation.<br />
<br />
) State whether ‘* Musical ”’ or ‘* Dramatic”? Work.<br />
) Title of Work (in full).<br />
<br />
)<br />
<br />
)<br />
<br />
(8) Signature of Applicant.<br />
<br />
(9) Signature of Person before whom the Declaration is made.<br />
<br />
Norz.—The applicant must forward with his application each assignment or instrument through<br />
which he derives his title, with an attested Copy thereof.<br />
<br />
<br />
<br />
S centemenaneiememenndamnnanaenen<br />
<br />
<br />
<br />
FORM G,<br />
Copyrights.<br />
| Commonwealth of Australia.<br />
Copyright Act, 1912.<br />
STATEMENT OF ADDRESS,<br />
Sir—<br />
<br />
I hereby authorize and request you to send all notices, requisitions, and communications in con-<br />
<br />
co with my application for the registration of the copyright in my (1) entitled (2)<br />
OG ;<br />
Dated this day of A.D. 19<br />
(4)<br />
<br />
To the Registrar of Copyrights, Commonwealth of Australia.<br />
<br />
TH.—A p AC ares: beg OS} x = 2 ?<br />
No \* articular addre s must be given. ‘<br />
Be: £ An address such as ‘* General Post office Melbourne<br />
<br />
(1) Here insert ‘‘ Literary,” ‘‘ ic,” ‘‘ Musical,”’ ‘‘ Artistic ”’ - i i<br />
Cuan crag al a Dramatic,” ‘‘ Musical, Artistic? Work, or ‘‘ Mechanical Musical<br />
(2) Title of work.<br />
(3) Here insert Name and Full Address.<br />
(4) Signature of Applicant in full.<br />
<br />
<br />
<br />
<br />
(<br />
<br />
r ‘ FORM H.<br />
Copyrights.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
Commonwealth of Australia.<br />
Copyright Act, 1912.<br />
<br />
APPOINTMENT OF AGENT.<br />
Sir—<br />
<br />
I(1) hereby nominate, constitute aad appoint (2) of (3) in the Common-<br />
wealth of Australia (4) my agent (5) for me in my name (6) registration of my<br />
copyright in my (7) entitled (8) and for that purpose to sign on my behalf all documents<br />
that my said agent may think necessary or desirable ; and I further empower my said agent to alter<br />
and amend any documents, whether originally executed by me or on my behalf, in any manner which<br />
may be necessary. Q<br />
<br />
Dated this day of A.D. 19<br />
(9)<br />
Witness—<br />
To the Registrar of Copyrights, Commonwealth of Australia.<br />
<br />
(1) Here insert (in full) Name, Address, and Occupation of Principal.<br />
<br />
(2) Here insert (in full) Name of Agent.<br />
<br />
(3) Here insert Full Address of Agent.<br />
<br />
(4) Here insert Occupation of Agent.<br />
<br />
(5) Principal may here insert the words “ with full powers of substitution and revocation.”<br />
<br />
(6) Here insert purpose for which Agent was appointed, such as ‘‘ to apply for and obtain.”<br />
<br />
(7) ‘‘ Literary,” ‘‘ Dramatic,” ‘‘ Musical,” “ Artistic ” Work, or “‘ Mechanical Musical Contrivance,”<br />
case requires.<br />
) Title of Work.<br />
) Signature of Applicant (in full).<br />
<br />
7<br />
as the<br />
<br />
(8<br />
(9<br />
<br />
<br />
<br />
FORM I<br />
Copyrights.<br />
<br />
<br />
<br />
<br />
<br />
Commonwealth of Australia.<br />
<br />
<br />
<br />
Copyright Act, 1912.<br />
<br />
REQUEST TO ENTER NAME OF SUBSEQUENT OWNER OF COPYRIGHT UPON THE REGISTER OF Copy-<br />
RIGHTS.<br />
Place<br />
Date — a :<br />
I(1) hereby request that you will enter my name in the Register of Copyrights as owner<br />
of the copyright in the (2) entitled (3) which was entered in the Register of (4)<br />
yrig Dy)<br />
copyrights on the day of 19 : a<br />
T am entitled to the said copyright by virtue of (5)<br />
And in proof whereof T transmit the accompanying (6)<br />
<br />
Dated this day of Ap, 19. os<br />
<br />
with an attested copy thereof.<br />
<br />
To the Registrar of Copyrights, Commonwealth of Australia.<br />
<br />
é d tion of Applicant. : 5<br />
Ne ad ia oa” Work: ae Mechanical Musical Contrivance, ”<br />
<br />
1) Here insert (in full) ess, and Occu)<br />
ea ‘“‘ Literary,“ Dramatic,’ ‘‘ Musical, Artistic<br />
as the case requires.<br />
a a “Dramatic,” “* Musical,”’ or “* Artistic,” as the et requires.<br />
(5) Here insert particulars showing how Transferee derives his Title.<br />
(6) Here insert the Nature of the Document.<br />
<br />
(7) To be signed by the Person applying for Registration of the Transfer.<br />
<br />
<br />
<br />
<br />
<br />
<br />
(wo 4<br />
<br />
————————— FORM J.<br />
<br />
Copyrights. Commonwealth of Australia.<br />
<br />
<br />
<br />
<br />
<br />
Copyright Act, 1912.<br />
Request To ENTER NoviricaTIon OF LICENCE OR OTHER DocUMENT IN THE REGISTER OF COPYRIGHTS.<br />
Place<br />
Date<br />
T(1) hereby transmit an attested copy of (2) under Copyright No. (3)<br />
which was entered in the Register of (4) copyrights on the day of 19<br />
L also enclose the original document for verific ation, and I have to request that a notification<br />
<br />
thereof may be entered in the Register.<br />
Dated this day of ap. 19<br />
<br />
<br />
<br />
(Signature)<br />
To the Registrar of Copyrights, Commonwealth of Australia.<br />
<br />
) Here insert (in full) Name and Address.<br />
) Here insert a description of the Nature of the Document.<br />
) Here insert the Number of the Entry.<br />
)<br />
<br />
“Literary,” “ Dramatic,’ ‘‘ Musical,” or ‘‘ Artistic,” as the case may be.<br />
<br />
FORM K.<br />
<br />
<br />
<br />
& mre :<br />
Copyrights. Commonwealth of Australia.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
Copyright Act, 1912.<br />
APPLICATION FoR AMENDMENT OR ALTERATION OF THE REGISTER UNDER SECTION 36 OF THE ACT,<br />
<br />
I(1) of (2) (3) the owner of Copyright No. (4) which was entered<br />
in the Register of (5) copyrights on the day of A.D.19_ , request that you will<br />
amend or alter the Register in the following manner :—(6)<br />
<br />
And I do hereby declare that the error arose through the followi ing circumstances :—(7)<br />
<br />
And I make this solemn declaration ¢ onscientiously believing the statements contained therein to<br />
<br />
be true in every particular.<br />
Dated this day of A.D. 19<br />
<br />
Declared before me at this day of A.D. 19<br />
(9)<br />
<br />
To the Registrar of Copyrights, Commonwealth of Australia.<br />
<br />
(1) Name (in full) of Registered Owner of Copyright or Performing Right.<br />
<br />
(2) Address.<br />
<br />
(83) Occupation.<br />
<br />
(4) Here insert the Number of the Entry.<br />
<br />
(5) *‘ Literary,” ‘“‘ Dramatic,” ‘‘ Musical,” or ‘* Artistic,” as the case may be.<br />
(6) Here set out desired Amendment or Alteration of the Register.<br />
<br />
(7) Here furnish particulars of the circumstances under which the error arose.<br />
(8) To be signed by the Registered Owner.<br />
<br />
(9) "Eo be signed by the Person before whom the Declaration is made.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
FORM L.<br />
Copyrights.<br />
: Commonwealth of Australia.<br />
Copyright Act, 1912.<br />
Search Warrant UNDER Section 16 (1) (a) of THE Act.<br />
<br />
gi a a constable of police in the State of and to all constables of police in the said<br />
<br />
ate<br />
<br />
Whereas I am satisfied by evidence that there is reasonable ground for believing that infringing<br />
<br />
copies of (1) work, bearing the following title or description, viz. : (2) are being sold ,<br />
<br />
or offered for sale at (3) in the State of (4) . These are therefore to authorize and<br />
<br />
<br />
<br />
<br />
<br />
<br />
( a)<br />
<br />
command you, in the Kin rs nh seiz k i oe f r s S g<br />
§S name, to seize t é i ‘ij i i i wi ir<br />
) ( ) e said alleg d in ringing copies of said ork, and to bring<br />
<br />
Given under my ha 5 sad : ;<br />
on y hand and seal, at in the State of the day of<br />
<br />
: (L.3.)<br />
A Justice of the Peace in the State of<br />
<br />
(1) Here insert “‘ Literary,’’ ‘‘ Dramatic,’ “ Musical<br />
(2) Here insert, sufficient for identi<br />
Dramatic, Musical, or Artistic Work.<br />
(3) Here insert Name of Town or Place.<br />
(4) Here insert Name of State.<br />
S fe pe Sega the Court of Summary Jurisdiction before which the said alleged infringing copies<br />
<br />
: ,’ or “Artistic ” Work, as the case requires.<br />
fication purposes, the Title, or a Description of the Literary,<br />
<br />
<br />
<br />
FORM M.<br />
Copyrights.<br />
<br />
Commonwealth of Australia.<br />
<br />
Copyright Act, 1912.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
SHARCH WARRANT UNDER Suction 16 (1) (5) oF THE Act.<br />
<br />
é To a constable of police in the State of and to all constables of police in the said<br />
tate.<br />
<br />
Whereas I am satisfied by evidence that there is reasonable ground for believing that infringing<br />
copies of a (1) work, bearing the following title or description, viz. : (2) are to be found<br />
in (3) in the State of (4) :<br />
<br />
These are therefore to authorize and command you, in the King’s name, to search, between sunrise<br />
and sunset, the said (5) , and to seize the said alleged infringing copies of the said (1) 's.<br />
work, or any copies reasonably suspected to be infringing copies of said work found by you therein, and<br />
to bring them before (6) ‘<br />
<br />
Given under my hand and seal, at in the State of the day of<br />
A.D. 19<br />
<br />
(L.S.)<br />
A Justice of the Peace in the State of<br />
<br />
(1) Here insert “‘ Literary,” “‘ Dramatic,” “‘ Musical,”’ or Artistic’? Work, as the cage requires.<br />
(2) Here insert, sufficient for identification purposes, the Title or a description of the Literary,<br />
<br />
Dramatic, Musical, or Artistic Work. oo : :<br />
(3) Here describe the House, Shop, or other Place where the alleged infringing copies are believed to<br />
<br />
be, and the Town or Place in which it is situated.<br />
(4) Here insert Name of State. :<br />
(5) Here insert House, Shop, or Place, as the case requires.<br />
(6) Here insert the Court of Summary Jurisdiction before w<br />
<br />
are to be brought.<br />
<br />
hich the said alleged infringing copies<br />
<br />
FORM N.<br />
<br />
Copyrights. Commonwealth of Australia.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
Copyright Act, 1912.<br />
<br />
ACT FORBIDDING THE PERFORMANCE OF A MUSICAL OR DRAMATIC<br />
<br />
‘E 3R SECTION 17 OF THE<br />
Norick UNDER} ae<br />
<br />
To (1)<br />
<br />
I hereby give you notice that (2) Bre the registered owner of the sole right to perform a (3)<br />
nereby 5 i F g<br />
<br />
ich vi is i ) ig ffice on the day of<br />
*k entitle hich right was registered in the Copyright O 1e f<br />
Mig eg ee have pane ground to believe that bee ee pies pe oe. part<br />
i orm said work at (5 in infringement of the said sole mgat © ae<br />
<br />
ee ie pcre with section 17 of the Copyright Act, 1912 (a copy of which<br />
<br />
<br />
<br />
<br />
<br />
<br />
( 22 )<br />
<br />
in public of the said work in infringe-<br />
frain from performing or taking part<br />
<br />
, that I forbid the performance<br />
the said sole right to perform at (5)<br />
<br />
and that I require you to re<br />
id work in infringement of<br />
<br />
section is indorsed on this notice)<br />
<br />
ment of the said sole right to perform,<br />
<br />
in the performance in public of the sa<br />
or at any other place.<br />
<br />
Dated the day of A.D.19 . (6)<br />
<br />
and Address of the Person to whom notice is given.<br />
and Address of the Owner of the sole right to perform.<br />
> as the case requires.<br />
<br />
Dramatic Work.<br />
<br />
(1) Here set out the Name, Description,<br />
<br />
(2) Here set out the Name, Description,<br />
<br />
(3) Here insert ‘“ Musical ”’ or ‘* Dramatic,’<br />
<br />
(4) Here set out the title of the Musical or<br />
<br />
(5) Here set out place where performance is believed to be about to take place.<br />
<br />
(6) To be signed by the Owner of the sole right to perform or his Agent. If signed by the Agent,<br />
the words “‘ Agent of the Owner of the sole right to perform appointed in writing ” are to be added.<br />
<br />
Norz.—A copy of section 17 must be indorsed on this notice.<br />
<br />
<br />
<br />
BRADBURY, AGNEW, & CO. LD., PRINTERS, LONDON AND TONBRIDGE,<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
( 22 )<br />
<br />
<br />
<br />
section is indorsed on this notice), that I forbid the performance in public of the said work in infringe-<br />
ment of the said sole right to perform, and that I require you to refrain from performing or taking part<br />
in the performance in public of the said work in infringement of the said sole right to perform at (5)<br />
<br />
or at any other place.<br />
Dated the day of A.D. 19 6)<br />
<br />
<br />
<br />
1) Here set out the Name, Description, and Address of the Person to whom notice is given.<br />
<br />
2) Here set out the Name, Description, and Address of the Owner of the sole right to perform.<br />
<br />
) Here insert “‘ Musical” or “ Dramatic,” as the case requires.<br />
<br />
) Here set out the title of the Musical or Dramatic Work.<br />
<br />
5) Here set out place where performance is believed to be about to take place.<br />
(6) To be signed by the Owner of the sole right to perform or his Agent. If signed by the Agent,<br />
<br />
the words ‘‘ Agent of the Owner of the sole right to perform appointed in writing ’’ are to be added.<br />
Notz.—A copy of section 17 must be indorsed on this notice.<br />
<br />
<br />
<br />
BRADBURY, AGNEW, & CO. LD., PRINTERS, LONDON AND TONBRIDGE.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
Supplement to THE AUTHOR, July, 1914<br />
<br />
<br />
<br />
<br />
<br />
THE INDIAN COPYRIGHT BILL,<br />
<br />
1914.<br />
<br />
<br />
<br />
<br />
<br />
SOCIETY OF AUTHORS, PLAYWRIGHTS<br />
AND COMPOSERS,<br />
<br />
THE INCORPORATED<br />
<br />
1 CENTRAL BUILDINGS,<br />
TOTHILL STREET,<br />
WESTMINSTER, 8.W.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
A BILL<br />
<br />
TO<br />
<br />
MODIFY AND ADD TO THE PROVISIONS OF THE<br />
COPYRIGHT ACT, 1911.<br />
<br />
WueErEas it is expedient to modify and add to the provisions of the Copyright<br />
Act, 1911, in its application to British India; it is hereby enacted as follows :—<br />
<br />
CHAPTER I.<br />
PRELIMINARY.<br />
<br />
1.—(1.) This Act may be ealled the Indian Copyright Act, 1914.<br />
(2.) It extends to the whole of British India, including British Baluchistan,<br />
the District of Angul and the Sonthal Parganas.<br />
<br />
2. In this Act, unless there is anything repugnant in the subject or context—<br />
<br />
(1.) ‘* The Copyright Act ’’ means the Act of Parliament entitled the Copyright<br />
Act, 1911; and<br />
<br />
(2.) Words and expressions defined in the Copyright Act have the same<br />
meanings as in that Act.<br />
<br />
CHAPTER II. :<br />
CONSTRUCTION AND MopIFICATION OF THE Copyricut ACT.<br />
<br />
8. In the application to British India of the Copyright Act (*a copy of which<br />
Act, except such of the provisions thereof as are expressly restricted to the United<br />
Kingdom, is set out in the First Schedule), the following modifications shall be<br />
made, namely :—<br />
<br />
(1.) The powers of the Board of Trade under section 8 shall, in the case of<br />
<br />
works first published in British India, be exercised by the Governor<br />
General in Council ;<br />
<br />
(2.) The powers of the Board of Trade under section 19 shall, as regards<br />
records, perforated rolls and other contrivances, the original plate of<br />
which was made in British India, be exercised by the Governor-General<br />
in Council; and the confirmation of Parliament shall not be necessary<br />
<br />
to the exercise of any of these powers ;<br />
The references in section 19, sub-section (4) ection 2:<br />
<br />
(1), to arbitration shall be read as references to arbitration in ae<br />
<br />
with the law for the time being in force in that part of British India<br />
<br />
in which the dispute occurs ;<br />
(4.) As regards works the authors whereof were at the time of the making<br />
<br />
of the works resident in British India, and as regards works first published<br />
in British India, the reference in section 22 to the Patents and Designs<br />
Act, 1907, shall be construed as a reference to the Indian Patents and<br />
Designs Act, 1911, and the reference in the said section to section ae<br />
of the Patents and Designs Act, 1907, shall be construed as a reference<br />
to section 77 of the Indian Patents and Designs Act, 1911;<br />
<br />
i rinted as they stand in the Act, but the Act of 1911<br />
: ST “oh pain te Schedule : Members of the Society have already<br />
<br />
received this as a Supplement to The Author.—Ep.<br />
<br />
, and in section 24, sub-section<br />
accordance<br />
<br />
(3.)<br />
<br />
<br />
<br />
<br />
<br />
1 & 2 Geo. 5,<br />
ec. 46,<br />
<br />
Short title<br />
and extent.<br />
<br />
Definitions.<br />
<br />
1 & 2 Geo. 5,<br />
c. 46.<br />
<br />
Application<br />
of copyright<br />
Act to<br />
British India<br />
with adapta-<br />
tions.<br />
<br />
7 Edw. 7,<br />
ec, 29.<br />
<br />
II, of 1911.<br />
<br />
<br />
Modification<br />
of copyright<br />
as regards<br />
translation<br />
of works<br />
<br />
first pub-<br />
lished in<br />
British India.<br />
<br />
Musical<br />
works made<br />
by resident<br />
of, or first<br />
published in,<br />
British India.<br />
<br />
Importation<br />
of copies.<br />
<br />
VIII. of 1878.<br />
<br />
VII. of 1878,<br />
<br />
<br />
<br />
(4A)<br />
<br />
(5.) As regards works first published in British India, the reference in section<br />
24, sub-section (1), proviso (a), to the London Gazette and two London<br />
newspapers shall be construed as a reference to the Gazette of India and<br />
two newspapers published in British India ; and the reference in proviso<br />
(b) of the same sub-section of the same section to the 26th day of July,<br />
1910, shall as regards works the authors whereof were at the time of<br />
the making of the works resident in British India, and as regards works<br />
first published in British India, be construed as a reference to the 30th<br />
day of October, 1912.<br />
<br />
4.—(1.) In the case of works first published in British India, copyright shall<br />
<br />
be subject to this limitation that the sole right to produce, reproduce, perform or<br />
<br />
publish a translation of the work shall subsist only for a period of ten years from<br />
the date of the first publication of the work ;<br />
<br />
Provided that if within the said period the author or any person to whom he<br />
has granted permission so to do publishes a translation of any such work in any<br />
language, copyright in such work as regards the sole right to produce, reproduce,<br />
perform or publish a translation in that language shall not be subject to the<br />
limitation prescribed in this sub-section.<br />
<br />
(2.) For the purposes of sub-section (1) the expression ‘‘ author ”’ includes the<br />
legal representative of a deceased author.<br />
<br />
5. In the application of the Copyright Act to musical works the authors<br />
whereof were at the time of the making of the works resident in British India, or<br />
to musical works first published in British India, the term ‘“ musical work ”’ shall,<br />
save as otherwise expressly provided by the Copyright Act, mean “ any combina-<br />
tion of melody and harmony, or either of them, which has been reduced to writing.”<br />
<br />
6.—(1.) Copies made out of British India of any work in which copyright<br />
subsists which if made in British India would infringe copyright, and as to which<br />
the owner of the copyright gives notice in writing by himself or his agent to the<br />
Chief Customs Officer, as defined in the Sea Customs Act, 1878, that he is desirous<br />
that such copies should not be imported into British India, shall not be so imported,<br />
and shall subject to the provisions of this section, be deemed to be prohibited<br />
imports within the meaning of section 18 of the Sea Customs Act, 1878.<br />
<br />
(2.) Before detaining any such copies or taking any further proceedings with<br />
a view to the confiscation:thereof, such Chief Customs Officer, or any other officer<br />
appointed by the Local Government in this behalf, may require the regulations<br />
under this section, whether as to information, security, conditions or other matters,<br />
to be complied with, and may satisfy himself, in accordance with these regulations,<br />
that the copies are such as are prohibited by this section to be imported.<br />
<br />
(3.) The Governor-General in Council may, by notification in the Gazette of<br />
India, make regulations, either general or special, respecting the detention and<br />
confiscation of copies the importation of which is prohibited by this section, and the<br />
conditions; if any, to be fulfilled before such detention and confiscation ; and may,<br />
by such regulations, determine the information, notices and security to be given,<br />
and the evidence requisite for any of the purposes of this section, and the mode of<br />
verification of such evidence.<br />
<br />
(4.) Such regulations may apply to copies of all works the importation of<br />
copies of which is prohibited by this section, or different regulations may be made<br />
respecting different classes of such works.<br />
<br />
(5). The regulations may provide for the informant re-imbursing the Secretary<br />
of State for India in Council all expenses and damages incurred in respect of any<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
(7)<br />
<br />
detention made on his informati<br />
: us infor , proceedings<br />
oy Seae] ne piaeaphe aie san and of any proceedings consequent on such<br />
— ; . Ly E Ovi 9h a given under the Copyright Act to the<br />
s ‘rs of Customs and Excise of the United King 1<br />
<br />
a tt Kingdom, and communicated<br />
<br />
; it a y to any authority in British India, shall be deemed to have been<br />
given by the owner to the said Chief Customs Officer.<br />
<br />
(6.) This section shall have effect as the necessary modification of section 14<br />
<br />
of the Copyright Act.<br />
<br />
CHAPTER III.<br />
PENALTIES.<br />
<br />
7. If any person knowingly—<br />
<br />
(a) Makes for sale or hire any infringing copy of a work in which copyright<br />
<br />
subsists ; or<br />
<br />
(b) Sells or lets for hire, or by way of trade exposes or offers for sale or hire,<br />
<br />
any infringing copy of any such work; or<br />
<br />
(c) Distributes infringing copies of any such work, either for the purposes<br />
<br />
of trade or to such an extent as to affect prejudicially the owner of the<br />
copyright ; or<br />
<br />
(d) By way of trade exhibits in public any infringing copy of any such work ;<br />
<br />
or<br />
<br />
(e) Imports for sale or hire into British India any infringing copy of any such<br />
<br />
work ;<br />
he shall be punishable with fine which may extend to twenty rupees for every copy<br />
dealt with in contravention of this section, but not exceeding five hundred rupees<br />
in respect of the same transaction.<br />
<br />
8. If any person knowingly makes, or has in his possession, any plate for the<br />
purpose of making infringing copies of any work in which copyright subsists, or<br />
knowingly and for his private profit causes any such work to be performed in<br />
public without the consent of the owner of the copyright, he shall be punishable<br />
with fine which may extend to five hundred rupees.<br />
<br />
9. If any person, after having been previously convicted of an offence punish-<br />
able under section 7 or section 8 is subsequently convicted of an offence punishable<br />
under either of these sections, he shall be punishable with simple imprisonment<br />
which may extend to one month, or with fine which may extend to one thousand<br />
rupees, or with both. : es<br />
<br />
10.—(1.) The Court before which any offence under this chapter . trie el<br />
whether the alleged offender is convicted or not, order that all pee of the w on<br />
or all plates in the possession of the alleged offender, which cage - -<br />
infringing copies, or plates for the purpose of making infringing caine e - Le<br />
or delivered up to the owner of the copyright, or otherwise dealt with as the Court<br />
<br />
may think fit.<br />
(2.) Any person a<br />
<br />
ffected by an order under sub-section (1) may, within<br />
<br />
thirty days of the date of such order, appeal to the Court to a _ sa i<br />
Court making the order ordinarily lie ; and such appellate see irect that<br />
execution of the order be stayed pending consideration of the appeal. ee,<br />
<br />
11. No Court inferior to that of a Presidency Magistrate or a Magistrate<br />
<br />
inst this Act.<br />
f the first class shall try any offence against<br />
: 12. The provisions of this chapter shall not apply to<br />
<br />
section 9 of the Copyright Act, regarding the restrictions on r<br />
of a work of architecture, applies.<br />
<br />
any case to which<br />
emedies in the case<br />
<br />
<br />
<br />
Offences in<br />
respect of<br />
infringing<br />
copies.<br />
<br />
Possession of<br />
plates for<br />
purpose of<br />
making<br />
infringing<br />
copies,<br />
<br />
Punishment<br />
on second<br />
conviction.<br />
<br />
Power of<br />
Court to<br />
dispose of<br />
infringing<br />
copies or<br />
plates for<br />
purpose of<br />
making<br />
infringing<br />
copies.<br />
<br />
Cognizance of<br />
offences.<br />
<br />
Saving in case<br />
of infringe-<br />
ment by<br />
construction<br />
of building.<br />
<br />
<br />
<br />
<br />
fe)<br />
<br />
CHAPTER IV.<br />
<br />
MISCELLANEOUS.<br />
<br />
<br />
<br />
uit or other civil proceeding regarding infringement of copyright<br />
d tried in the High Court or the Court of the District Judge.<br />
Bn emit ding instituted after the 30th of October,<br />
<br />
of copyright. 1912, regarding infringement of copyright in any book the author whereof was at<br />
Effect of non- the time of making the book resident in British India, or of any book first published<br />
registration =| British India, shall be dismissed by reason only that the registration of such<br />
<br />
under Act : : ae s<br />
XX. of 1847. book had not been effected in accordance with the provisions of the Indian Copy-<br />
<br />
XX. of 1847. right Act, 1847.<br />
Repeals. 15. The enactments mentioned in the Second Schedule are hereby repealed<br />
<br />
to the extent specified in the fourth column thereof.<br />
<br />
Courts having 18. Every s<br />
<br />
oh pea shall be instituted an<br />
garding * ete<br />
<br />
une 14. No suit or other civil procee<br />
<br />
FIRST SCHEDULE.<br />
<br />
ImeurmaL Copyricut Act, 1911, pxcEPT SECTIONS 11—13.<br />
<br />
SECOND SCHEDULE.<br />
Repeal of Enactments. (See Section 15.)<br />
<br />
Year. No. Short Title. Extent of Repeal.<br />
<br />
<br />
<br />
1847 XX. | The Indian Copyright | So much as has not already been repealed.<br />
Act, 1847<br />
1867 XXV. | The Press and Regis- | In section 18 the following words, namely :—‘‘ Every<br />
tration of Books Act,| registration under this section shall, upon the payment<br />
1867 of the sum of two rupees to the office keeping the said<br />
Catalogue, be deemed to be an entry in the Book of<br />
Registry kept under the Act No. XX. of 1847 (for<br />
encouragement of learning in the territories subject to<br />
the government of the East India Company, by the<br />
defining and providing for the enforcement of the right<br />
called copyright therein) ; and the provisions contained<br />
in that Act as to the said Book of Registry shall apply<br />
mutatis mutandis to the said catalogue.”<br />
<br />
1878 VIII. | The Sea Customs Act, | Clause (a) of section 18.<br />
<br />
1878<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
This Bill was passed at a meeting of the Council of the Governor-General :<br />
of India for the purpose of making Laws and Regulations on the twenty-fourth<br />
day of February, 1914.<br />
<br />
<br />
<br />
(Sd.) HarpincEe oF PENSHURST,<br />
President.<br />
<br />
<br />
<br />
The 24th February, 1914.<br />
<br />
I assent to this Bill.<br />
(Sd.) Harprince oF PENSHURST,<br />
<br />
Viceroy and Governor-General.<br />
The 24th February, 1914. | http://historysoa.com/files/original/5/542/1914-07-01-The-Author-24-10.pdf | publications, The Author |