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The Author
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<em>The Author</em>
Description
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A digitised run of the Society of Authors' monthly periodical, <em>The Author</em>, 1890<span>–</span>1914, made available together for the first time.<br /><br />Currently users can browse issues and <a href="https://historysoa.com/items/browse?search=&advanced%5B0%5D%5Bjoiner%5D=and&advanced%5B0%5D%5Belement_id%5D=51&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Index&collection=&type=&tags=&exhibit=&date_search_term=&submit_search=Search+For+Items&sort_field=Dublin+Core%2CTitle">indices</a> (not available for all volumes). Full text search for all issues, and other additional search functionality, will be added in 2022.
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1890–1914
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The-Author-Issues
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Date
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1914-07-01
Volume
24
Issue
10
Pages
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263–290
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19140701
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The Huthbor.
Notices... S a ee is ne ae ar 268
The Pension Fund
Council Meetings
Committee Notes aa ese
Books published by Members ‘ he
Literary, Dramatic and Musical Notes ...
Paris Notes
The Criticism of Fiction
Magazine Contents
Warnings to the Producers of Books
Warnings to Dramatic Authors... ae i
Registration of Scenarios and Original Plays
(The Organ of the Incorporated Society of Authors, Playwrights and Composers. Monthly.)
Vou. XXIV.—No. 10. vay : oe
CONTENTS.
PAGE |
os x Dramatic Authors and Agents
The Society's Funds . | Warnings to Musical Gore covers 553
cs Stamping Music ‘ Bee ie
The Reading Branch .
Remittances as
x Collection Bureau :
General Notes ... se oe ee ues ee ae Be
The Last of the Pre -Raphaclites, Theodore Watts-
Dunton, 1832—1914 Pees oe ee ook ae Bs
United States Notes
Are Novels Too Cheap ?
j Matilde Serao ... og ae se
| Memories of My Youth, 1844—1865
| J. M. Synge oe oe ao
| Correspondence
Chappell v. Columbia Gramophone Co.
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Mr. FORBES DAWSON
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An Actor of over 25 years experience
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| and play, a producer and author of
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HH: the opinions expressed in papers that
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Tue Editor begs to inform members of the
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Author that the cases which are quoted in The
Author are cases that have come before the
motice or to the knowledge of the Secretary of
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Society who desire to have the names of the
publishers concerned can obtain them on
application.
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Communications for The Author should be
addressed to the offices of the Society, 1, Cen-
tral Buildings, Tothill Street, Westminster,
S.W., and should: reach the Editor not later
than the 21st of each month. 8.
Communications and letters are invited by
the Editor on all literary matters treated from
Vou XXIV.
JULY, 1914.]
1914.
Jan. 7, Ford, Miss May
Jan. 7, Sephton, J.
Jan. 16, Singer, I. :
Jan. 16, Cooke, Arthur O.
Jan. 23, Exley, Miss M. :
Jan. 26, Sarawak, The Ranee of
Mar. 11, Dowson, Oscar F.
April 8, Stoeving, Paul
April 14, Buckle, Gerard, F.
April 14, Grattan, Harry
April 17, Rubenstein, H. F. .
April 20, Anon. . : : :
April 25, Stacpoole, Mrs. de Vere .
May 1, Miigge, Maximilian A.
May 7, Davies, Miss Mary
May 8, Simon, Andre L.
May 8, Deutsch, H. . :
May 9, Campbell, Miss E. Hope
May 12, Lardner, E. G. D.
May 29, Beesley, George J. .
19138. Donations.
Oct. 7, Darwin, Sir Francis . :
Oct. 9, Carroll, Sydney Wentworth
Oct. 21, Troubetzkoy, The Princess
Oct. 27, Frankish, Harold :
Oct. 30, Rosman, Miss Alice Grant
Nov.
Nov.
Nov.
Nov.
Nov.
Dec.
Dec.
Dec.
Dec.
8, Holland, Theodore
8, Steane, Bruce ;:
3, Batty, Mrs. Braithwaite
10, Elrington, Miss Helen
10, Waterbury, Mrs. . 3
5, Dymock, R. G. Vaughton .
6, Macdonald, Miss Julia
11, Little, Mrs. Archibald
11, Topham, Miss Ann .
Dec. 20, Edwards, Percy J. -
Dec. 21, Keating, J. Lloyd
1914.
Jan. 8, Church, Sir Arthur
Jan. 5, Anon : .
Jan. 5, Joseph, L. y
Jan. 5, Swan, Miss Myra
Jan. 5, Vernede, R. E. ae
Jan. 6, De Crespigny, Mrs. Champion
Jan. 6, Rankin, Miss F. M. . p
Jan. 7, Sneyd-Kynnesley, E. M.
Jan. 7, Lathbury, Miss Eva .
Jan. 7, Toplis, Miss Grace
Jan. 8, Palmer, G. Molyneaux
Jan. 9, Mackenzie, Miss J.
Jan. 10, Daniell, Mrs. E. H..
Jan. 12, Avery, Harold
Jan. 12, Douglas, Mrs. F. A.
Jan. 15, Pullein, Miss Catherine
Jan. 15, Thomas, Mrs. Fanny
Jan. 16, James, Mrs. Romane
|
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THE AUTHOR.
Jan.
Jan.
Jan.
Jan.
Jan.
19, P. H. and M. K.
19, Greenstreet, W. J. .
19, Gibbs, F. Leonard A. :
23, Campbell, Mrs. L. A. R. .
23, Cameron, Mrs. Charlotte,
F.R.GS. . :
28, Blunt, Reginald i
24, Raphael, Mrs. Mary.
25, Plouman, Miss Mary
30, Gibson, Miss L. S. .
5, Brooker, Lt.-Col. E. P.
6, Buchrose, J. E.
7, Smith, Herbert W.
20, Eden Guy : :
21, Mayne, Miss Ethel
bourn :
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25, Aspinall, Algernon
2, Dalziell, J.
2 SFG, . ‘
5, Saies, Mrs. F. H. :
5, Thorne, Mrs. Isabel .
5, Haviland, Miss M. D.
5, Todd, Miss Margaret,
13, Cabourn, John ;
Mar. 20, Fenwick Miss S. F.. :
Mar. 26, Prendergast, Mrs. J. W. .
May 6, Ward, W. J. . ; :
May 7, Crosse, Gordon. : :
May 8, Williamson, Cc. N. and Mrs.
C. N. j ; ; ; '
May 21, Colebroke, Miss H. E.
May 21, Munro, Neil . :
May 21, O'Higgins, Harvey
May 25, Broadbent, D. R.
May 27, Hallam, F. V.
June 6, Blake, Miss Agnes
June 6, Peacock, Mrs. F. M.
June 9, Schleussner, Miss Ellie.
June 10, Jones, Miss Mary Whit-
more : :
June 17, Muir Ward
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COUNCIL MEETINGS.
oe
T the suggestion of the Composers’
A Committee the Committee of Manage-
ment decided to change the name of the
Society from the Society of Authors (Incor-
porated) to the Incorporated Society of Authors,
iohts and Composers. :
Pe eraingly) onder the clauses of the Com-
panies Acts, an extraordinary general mecting
266
of the company was held on May 4, 1914,
when the following resolution was passed :—
“That the name of the company be changed
to the Incorporated Socicty of Authors, Play-
wrights and Composers.”
The second mecting necessary to confirm this
resolution was held on Monday, May 25, when
the resolution passed at the previous mecting
was duly confirmed.
—————__+—~<+>__
COMMITTEE NOTES.
— 1 —
WING to the fact that the first Monday in
June fell on Whit Monday, the June
meeting of the committee was held on
Monday, May 25, at the Society’s offices.
Twenty-five members and associates were
elected, bringing the total elections for the
current year up to the satisfactory figure of 195.
Three further resignations had to be added to
the list, bringing the total resignations up to
seventy-two.
The solicitor then put before the committee
the cases he had dealt with during the month.
In three cases, two against a magazine and a
third for non-payment of theatrical dues, the
solicitor reported that the matters had been
settled by the payment of the debt and costs.
A dispute arising out of non-publication of a
book had now been satisfactorily settled, as
under an order of. the Court the book had been
published and the costs paid. In a case of
dispute between one of the members and a
cinematograph reproducer, the matter had
been settled as far as England was concerned ;
but, as the company’s main business was in
France, the solicitor had made a full statement
which had been forwarded to the lawyer of
the Society in Paris with instructions to take
action if necessary. A question of alleged
infringement of dramatic copyright had been
settled, as the party against whom the com-
plaint was made was able to show that the
member’s rights had not really been tampered
with. The solicitor gave his report in a case
of dispute between a member and a publisher,
and the committee instructed the secretary to
send a statement of the conclusion arrived at
to the publisher and to the member.
The next point arose out of a question raised
by one of the members as to the acceptance or
non-acceptance of articles sent to reviews.
The solicitor gave his legal opinion, confirming
the view already expressed by the secretary,
and the secretary was instructed to write to
THE AUTHOR.
[JULY, 1914.
the member concerned indicating the line the
committee were willing to adopt in the matter.
The secretary then reported certain cases he
had been dealing with during the month. A
question relating to copyright infringement in
Canada was adjourned for further information.
The secretary reported that immediate action
had been taken, with the sanction of the chair—
man, in a case arising in the United States
under a dramatic contract. The authority
given by the chairman was confirmed. In
another case of dispute between one of the
members of the Society, which was in the hands.
of the member’s own solicitor, the solicitor
appeared before the committee and explained
the circumstances. The committee indicated
the lines along which, in their view, a possible
settlement might be negotiated. In a case of
infringement in Denmark, which depended:
upon the intricacies of international law, it
was decided to obtain the opinion of the
Society’s Danish lawyer.
In a dispute respecting a dramatic contract
it was decided to adjourn the matter for
further information.
It was decided to take up on behalf of the,
member a claim in connection with the pay-
ment of mechanical instrument fees. It was.
decided to request the solicitors of the Society
to make inquiries of a cinematograph firm
respecting the rights of one of the members.
The committee decided to investigate the
accounts of a company engaged in the market--
ing of a film of one of the members.
The secretary then laid before the com-
mittee a letter received from the Kinemato-
graph Educational Association, in which the
committee were asked to nominate a repre-
sentative to serve on the council of that body.
Mr. Bernard Shaw was appointed to represent
the Society of Authors, and the committee.
instructed the secretary to communicate
accordingly with the chairman of the associa-
tion.
Owing to the enormous increase of cinemato-
graph representations, and the importance of.
this new industry to members of the Society,
whether dramatic authors, novelists or other
writers, at the suggestion of the Dramatic.
Sub-Committee the Committee of Management .
agreed to the formation of a separate sub-
committee to deal with cinematograph matters.
It was agreed to invite the Dramatic Sub-
Committee to nominate candidates for the
consideration of the Committec of Management.
The difficulties which had arisen owing to.
the present situation in Canada in regard to
imperial copyright were mentioned by the
JULY, 1914.]
ssecretary, and it was decided to obtain a
memorandum from counsel setting out, in
detail, the present difficulties and a possible
remedy, which memorandum was to be placed
in the hands of influential parties in Canada to
‘use when occasion should arise.
The question of foreign lawyers appointed
by the Society to hold powers of attorney was
adjourned.
An important matter dealing with the forms
of receipts and endorsements on cheques
raised by members of the Society, in regard to
contributions to a well-known weekly journal,
was considered. It was understood that the
-editor would be ready to consider any reason-
able form suggested by the committee, and the
secretary was instructed to refer the matter
to the Society’s solicitors in order that such a
form might be drafted.
A letter from the secretary of a well-known
publishing house was laid before the com-
mittee, and the secretary of the Society was
instructed to make an appointment to see the
secretary of the publishing house to discuss
matters between that house and the Society.
A letter from the National Union of Book-
binders was laid before the committee, and the
‘secretary was instructed to reply. In a matter
referring to the advertisements in The Author,
it was decided to instruct the Society’s lawyers.
a
Dramatic SuB-COMMITTEE.
Tur June mecting of the Dramatic Sub-
Committee—the last before the vacation—
was held on the 19th at the offices of the
Society, at three o’clock in the afternoon.
‘The minutes of the previous meeting were
read and signed. The question of agents,
which came up again for discussion, was
adjourned again till the autumn, and the
‘question of the special agency contract was
also adjourned, as the sub-committee was
unable to get through the clauses before the
end of the meeting. The secretary also made
a report in regard to American agents generally.
The nomination of candidates to serve on the.
Cinematograph Sub-Committee had been left
by the Committee of Management to the
Dramatic Sub-Committee, and that body agreed
upon a list of possible members. This list will
be submitted to the Committee of Management
in due course. oS :
The question of establishing a special
fighting fund for the fighting of dramatic cases
was, owing to the absence of members of the
THE AUTHOR.
267
sub-committee specially interested, adjourned
till the autumn.
The secretary then laid before the sub-com-
mittee facts referring to the collection of fees
due on an English play produced in Paris,
and the question of the power of attorney
which the Société des Auteurs et Compositeurs
Dramatiques had asked the member to sign
before consenting to pay over the amount
collected. The secretary pointed out that
there were certain circumstances which made
it impossible for the member to sign the power,
and that the French society had refused to pay
over the money due until the power was signed.
The matter was referred to the Committee of
Management with the suggestion that an
official letter should be written to the Société
des Auteurs et Compositeurs Dramatiques.
The present position of the Managerial
Treaty was considered, and certain steps were
decided upon in order to try and get the matter
through by the autumn. The secretary was
instructed to report to the next meeting. The
consideration of a play production contract
was also adjourned.
The secretary reported the following cases :
(1) A case of copyright infringement in
Canada. He was instructed to obtain the
fullest information from the Canadian lawyers,
so that, if possible, action should be taken to
stop the general infringement which was
proceeding throughout the Dominion : (2) and
(3) cases of collection of fees which were over-
due. The sub-committee confirmed the sanc-
tion of the chairman which had been giver
during the past month. The chairman was
then granted full powers to act during the
vacation on behalf of the committee in cases
of urgent necessity.
1
Composers’ SUB-COMMITTEE.
Tur June meeting of the Composers’
Sub-Committee took place at the Society’s
office on Saturday, June 6. After the minutes
of the previous meeting had, been read the
seeretary drew the sub-committee’s attention
to a paragraph that had appeared in one of
the American papers dealing with a combina-
tion which had been formed in America for
the purpose of obtaining satisfactory payment
to composers from performing rights. He
further drew the attention of the sub-committee
to the prospectus of the Performing Rights
Socicty, Ltd., which had been sent to various
members of the Society of Authors, The
268
details of the document were very carefully
considered and discussed as, also, a letter
which had been received by some members
of the Society from a publishing firm referring
to the same company. In addition to many
minor points, the chief objection to the new
society was that the composer placed himself
entirely in the society’s hands as to the people
with whom contracts should be made for per-
forming rights, and the amounts to be paid
for these rights. Finally, there was no clear
statement as to the charge that would be made
for collection of the fees. After careful
consideration a course to be taken by the
sub-committee to warn composers was agreed
upon.
Correspondence which had taken place
between the secretary and a member of a big
publishing firm in regard to some important
points of contract was then read.
The next question that arose had reference
to accounts.
The secretary reported that in a case where
a publisher had been sharing mechanical
instrument fees with a composer, the publisher
had deducted the commission charged by his
agents for collection. This deduction the
member had repudiated and the committee
were taking action. It was decided also,
where on the collection of fees indefinite charges
were made for such collection, to investigate
any accounts that should be rendered, so that
the method of collection might be fully
established for the benefit of composers.
In another case of accounts which came
before the sub-committee, it was decided to
recommend the Committee of Management to
authorise an accountant to investigate the
firm’s books. :
In a question arising from the use of words
for songs, the sub-committee approved the
action of the secretary acting on behalf of
the authors concerned.
The secretary then drew the attention of
the sub-committee to the increase in royalties
under clause 19 of the Act, on and after
July 1, 1914, and warned composers of some
of the difficulties that might arise in this
connection.
The attention of the sub-committee was
drawn also to a case which had been in the
Courts, viz., Chappell v. Columbia Gramo-
phone Co., a report of which appears else-
where in The Author.
He also reported that the Society’s name
had now been definitely changed, at the
suggestion of the Composers’ Sub-Committee,
to the Incorporated Society of Authors,
THE AUTHOR.
(JULY, 1914.
Playwrights and Composers, and that the
new name would appear on all printed matter
from the Society in future.
—___—-op-o~e
Cases.
—
Durine the past month the secretary has
dealt with the average number of cases. They
can be catalogued as follows :—
Return of MSS. : :
Money and accounts ; :
Money . : :
Settlement of contract
Accounts : : : :
Of the seven claims for the return of MSS.
three have been successful. One of the
remaining four is in the United States, and
therefore will take some further time, and of
the three others two have only recently come
to the office and the last one is in course of
negotiation.
Of the five claims for money and accounts,
three have been successfully settled and the
money has been handed over to the members.
One of the two that are left is in France and
the other only came into the office just before
going to press.
Of the two claims for money, one has been
successful and the other has had to be placed
into the hands of the Society’s solicitors. This
latter course has also had to be adopted with
regard to the settlement of contract. The
claim for accounts has only recently come in.
There are eight cases still remaining over
from last month and of these only two are in
Great Britain and they are both for the return
of MSS. It is impossible to say whether they
will be successfully settled, because, as has
been pointed out in the case of lost MSS.,
the evidence is often deficient. It is not only
necessary to prove that the MSS. came into
the hands of responsible parties in the office,
but also that these parties have dealt with
them negligently.
There remain six cases; three of these are in
the United States, two being for infringements
of copyright and one for the settlement of a
contract ; two are in South Africa, one a claim
of money and another a question of accounts.
The last case is a question of money and lies.
in France. All the other cases have been closed
up satisfactorily or handed over to the solicitors.
of the Society whose report will appear in &
later number of The Author.
et pet BO OY
JULY, 1914.}
THE AUTHOR.
June Elections.
Allhusen, Mrs. W. H. .
Aston, Colonel = Sir
George, K.C.B.
Avery, Miss Anne 4
Beesley, George G. :
Blake, Mrs. R. . :
Briggs, William, LL.D.,
D.C.L., M.A., B.Sc.
Cockran, Miss B. A.
Bruen.
East, Mrs.
. Clayton.
Edghill, Mary. A
George
Flemming, Leonard .
‘Hallam, Frank Vincent
(“ Charles Hessel-
ton ’’)
Jones, Mary Whitmore
iKing, Charles :
Knowles, Miss Joseph-
ine.
Krayl, Stan Harding
Macdonald, J. Ramsay
McKay, Herbert, B.Sc.
Manners, Sir William
John, Earl of Dysart
Mainwaring, Colonel H.
G., F.R.G.S.
Reeks, H. Caulton ‘
“Smith, Mrs. Adéle
Crafton
Smith, Cicely Fox
‘Smith, Mrs. Elizabeth
Sinclair
a Zimmern, Alfred KE. .
15,
Palace
W.
94, Piccadilly, W.
Kensington
Gardens,
Grosvenor
Aldershot.
96, Stoney Stanton
Road, Coventry.
129. . Him Park
Mansions, Chelsea,
S.W.
Owlbrigg,
bridge.
St. John’s Cottage,
Bovey Tracey,
Devon.
20, Lower Sloane
Street, S.W.
Soulby, Clarence
Park, Weston-
super-Mare.
63, Wellington Road,
N.W.
55, Adolphus Road,
Finsbury Park, N.
Road,
Cam-
Magdalen Lodge,
Hook Norton.
36, Golders Way,
Golders Green.
Via della Scala 1,
Florence, Italy.
8. lincoln's Inn
Fields, W.C.
338, Park Parade,
Harlesden, N.W.
Ham House, Rich-
mond, Surrey.
Army & Navy Club,
Pall Mall, S.W.
Spalding.
Elmhurst, Bradford-
on-Avon.
54, Harper’s Lane,
Bolton-le-Moors.
Trevone, Ennerdale
Road, Richmond,
S.W.
14, Great Russell
Mansions, W.C.
—__———_+->*——___
269
BOOKS PUBLISHED BY MEMBERS.
<4
While every effort is made by the compilers to keep
this list as accurate and exhaustive as: possible, they have
some difficulty in attaining this object owing to the fact
that many of the books mentioned are not sent to the office
by the members. In consequence, it is necessary to rely
largely upon lists of books which appear in literary and
other papers. It is hoped, however, that members will
co-operate in the compiling of this list, and, by sending
particulars of their works, help to make it substantially
accurate.
ARCHAZOLOGY.
AMULETS. Illustrated by the Egyptian Collection in
University College, London. By Wiu1am FLINDERS
Perrin. 124 x 10. 58 pp. text. liv. Plates. Con-
stable. 21s. n.
ARCHITECTURE.
SMALL Country Hovsss: their Repair and Enlargement.
By L. Weaver. 114 x 83. xxxii+ 204pp. Country
Life. 15s. n.
ART.
THE Sport oF COLLECTING.
81 x 54. 147 pp. Unwin.
By Sir Martin Conway
5s. ne
BIOGRAPHY.
Memoriats oF Henry Forses JULIAN.
Institution of Mining and Metallurgy.
edited by his wife, Husrer JunIaAN. 9 X 53.
310 pp. C. Griffin. 6s. n.
BOOKS OF REFERENCE.
THE STATESMAN’S YEAR Book, 1914. Edited by J. Scorr
Keitin. 7} x 4%. Ixxix + 1,500 pp. Macmillan.
10s. 6d. n.
Member of the
Written and
xix +
DRAMA.
Tae Maker or Dreams. By O. Down. 5} X 4.
Gowans and Gray. 6d. n.
Cuartey’s Unciz. A Farcical Comedy in three acts. By
Waurer STEPHENS. 7} x 43. 64 pp. F. Griffiths.
1s. 6d. n.
FICTION.
By Nem Monro.
Tue New Roan. 7k x 5. 374 pp
Blackwood. 6s. Z
Lovers’ Meptinas. By Katuartne TYNAN.
314 pp. Werner Laurie. 6s.
Freepom. By Attce and CLAUDE ASKEW.
316 pp. Hurst and Blackett. 6s.
Srmmon Hurtot. By Parricta WENTWORTH.
331 pp. Melrose. 6s.
A SaAMNOEL Innerrrance. By KarHartne Tynan. 7}
% 5. 324 pp. Cassell. 6s.
From AN Istineron WINDow. 3 i
Romance. By M. Bernam-Epwaxps. 72 x 5.
. Smith Elder. 6s.
Tat SILVER Star. By Marre Connor LEIGHTON. 73x
5. 352pp. Ward, Lock. 638.
THe LIFE a Lena. By W. N. WILLIS. 320
. Long. 1. n.
ous Aury. By M. E. Francis. 6} x 4.
7d. n. ; 8
Pun Stony or AmanpA. By F. R. M. Furspon, 74 Xx
5. 328 pp. Simpkin, Marshall. 6s.
7% x 43.
7k x 43.
7k x 42.
Pages of Reminiscent
307
7k x 42.
254 pp. Long.
270
FOLKLORE.
Tur LANGUAGE OF THE Nawar or Zurr, THE Nomap
Smirus oF PaLesTINy. By R. A. STEWART MACALISTER’
9% x 6}. xii + 216 pp. Quaritch. 5s.
LAW.
Tue Lonpon Burpine Acts,
FESSOR BANISTER FLETCHER.
rer F. Fuercuer and H. P. FLETCHER.
xviii + 697 pp. Batsford. 10s. n.
LITERARY.
Love’s Cominc or Acz. By Epwarp CARPENTER. Le
41. 189 pp. Methuen. Is. n.
A Wak IN Orner Wortps with Dante. By Marian
S, Barnpricce. 8 X 5}. 255 pp. Eight full-page
1894—1909. By Pro-
Fifth Edition by Banis-
7k Xx 4}.
illustrations. Kegan Paul, Trench, Tiiibner & Co.,
Ltd. 6s. n. :
MUSIC.
ORcHESTRATION. By Ceci ForsytH. 9 x 5. 517 pp.
(The Musician’s Library.) Macmillan and Stainer and
Bell. 21s. n. :
SrortEs FROM WaGNER’S OpERAs. Told by GLapys
Davipson. 7} x 5. 106 pp. Werner Laurie. ls. n.
PAMPHLETS.
Roger Bacon. By Sm J. E. Sanpys. (From the Pro-
ceedings of the British Academy. Vol. V1.) Oxford
University Press. 1s. n. 2
POETRY.
Berowvutr. A Metrical Translation into Modern English.
By J. R. Crark Hatt. 7} x 5. 114 pp. Cambridge
University Press. 2s. 6d. n.
Unto tur Hitts. By Dovcias W. FRESHFIELD.
Edward Arnold.
7 x 44.
REPRINTS.
With English Rendering. By
IsraEL GoLtancz. Limited Edition, 550 copies. 8} x
7. 56 pp. Chatto. 6s. n.
Tue PorricaL WoRKS oF GEORGE CRABBE.
A. J. and R. M. Caruyuzg. 7} x 5.
H. Milford. 1s. 6d. n.
Tue Sua’s ANTHOLOGY. From the Earliest Times down
to the Middle of the 19th Century. Compiled and
Edited, with Notes, Introduction, and an Appendix, by
J. E. Parrerson. 7X 44. xxxvi+ 383 pp. Heine-
mann. 25. n.
SOCIOLOGY.
THE PROBLEM OF THE Nations. A Study in the Causes,
Symptoms, and Effects of Sexual Disease and the
Education of the Individual therein. By A. Corperr-
Smiru, M.A., Oxon., barrister-at-law ; Captain (formerly
R.F.A.); F.R.G.S.; Officier de L’ Instruction Publique ;
Editor of the Journal of State Medicine ; Lecturer in
Public Health Law at the Royal Institute of Public
Health. 9} x 6}. ix+ 107 pp. Bale. Ils. 9d. n.
SPORT. Be
THE Hovsz on Wueets. By Evizapern SLOAN CuusseEr,
74x 5. 150 pp. Chapmanand Hall. 2s. n.
TRAVEL.
Tue MAINspringes oF RvsSrA.
. x E . pp. Nelson, 2s.
‘HE REAL ALGERIA. By M.D.Srorr. 83 x 54.
Hurst and Blackett. "10s. 6d. n. oe
Boccaccto’s OLYMPIA.
Edited by
xxii + 600 pp.
By Maurice Barina. 74
THE AUTHOR.
(JULY, 1914
LITERARY, DRAMATIC, AND MUSICAL
NOTES.
er
HE Oxford edition of ‘‘ The Poetical
Works of George Crabbe” is edited,
with an introduction, by A. J. and
R. M. Carlyle, who base their text on the
author’s own edition, except in the case of
the poems omitted by him and subsequently
reprinted by his son. The only notes are those
made by Crabbe himself (Humphrey Milford,
Oxford University Press).
“Urto the Hills,’ is the title of a little
book of verse by Mr. Douglas W. Freshfield,
former chairman of the Committee of Manage-
ment. The poems include Sonnets, Rhymes,
and Leviora, the last not the least good, if the
least ambitious, section of the book (Edward
Arnold).
Mrs. Russell Barrington’s ‘“‘ Life of Walter
Bagehot,” announced in the last issue of these
notes, has now been published by Longmans,
Green & Co. at 12s. 6d. net.
Mr. Israel Zangwill’s play “ Plaster Saints ”
is now published in book form (Heinemann,
2s. 6d. net).
Another play which lras just appeared in
book form is Mr. John Galsworthy’s ‘ The
Mob ” (Duckworth, 1s. 6d.).
Mr. Eden Philpotts’s new novel “The
Judge’s Chair ” appeared last month through
the firm of John Murray.
Mrs. Hester Julian has written a life of her
husband, under the title of ‘‘ Memorials of
Henry Forbes Julian ” (Charles Griffin & Co.,.
6s.). The late Mr, Julian was one of the victims
of the Titanic disaster. The loss thereby
occasioned to metallurgy is dealt with in an
introduction contributed to the book by Mr.
H. L. Sulman, President of the Institution of
Mining and Metallurgy.
“The Problem of the Nations ” is the name
of a book by Mr. A. Corbett-Smith, M.A.,
F.R.G.S., on the effect of sexual disease on.
national life (John Bale, Sons & Danielsson,
1s. 6d.).
Mr. Cecil Forsyth contributes to the
Musician’s Library a book upon “ Orchestra-
tion,” which is published by Macmillan & Co,
and Stainer & Bell at one guinea net.
Miss M. Betham-Edwards has brought out
“From an Islington Window,” described in
the sub-title as ‘“‘ pages of reminiscent
romance ” (Smith, Elder & Co., 6s.).
The correct title of Mrs. Annette S.
Beveridge’s book is ‘“‘ Baburnima, or Memories
of Babur, a new translation made from the
JULY, 1914.]
original Turki text,’ fasciculus 5
section (Luzac & Co.). 7 oe
Mr. Gilbert Coleridge has an article upon
“* Sir Thomas Browne ” in the current number
of the Fortnightly Review.
A Chinese version of Leiut.-Colonel W. H.
Turton’s work, “ The Truth of Christianity,” is
about to be published in Shanghai by the
Christian Literature Society for China. A
Japanese version appeared some years ago.
Mrs. Ellis Chadwick’s recent book, ‘‘ In the
Footsteps of the Brontes,” is to be published
in the United States by Brentano.
Miss Bainbrigge’s book, ‘‘ A Walk in other
Worlds with Dante,” is written specially for
those who think the Divina Commedia is too
deep for them, and yet desire to know more
about it without long and deep study (Kegan
Paul, Trench, Tribner & Co., 6s. net).
**A Saunter through Kent with Pen and
Pencil,” by Mr. Charles Igglesden, has now
reached its cleventh volume, and describes
Nettlestead, Whitstable, Seasalter, Swalecliffe,
Graveney, Monks Horton, and Harrietsham
(Kentish Eapress Office, 2s. 6d.).
In “Caravan Days” Mr. Bertram Smith
records the continuance of his devotion to
caravanning after sixteen years’ experience
of it (Nisbet & Co., 5s. net).
‘* Love’s Responsibilities ” is a book of essays
by Mrs. Stuart Menzies upon “‘ the most cruel,
the most tragic, the most vengeful of life’s
problems, that of sex ” (Holden and Harding-
ham, 6s.).
“ Justice of the Peace” is a novel by Mr.
Frederick Niven, in which he has attempted to
give a family history without making the book
as long as Gibbon’s “‘ Decline and Fall ”’—as
he tells us in his preface (Eveleigh Nash).
Mr. S. Sproston has published, through the
Year Book Press, ‘The Pudding made of
Plum: a Tragic-Comedy for Children,” “* Mid-
summer Fairies: a Fantastic Sketch,” and
“The Sword in the Stone: a Legend ”?__the
two first 6d. each ; the last-named 9d. net.
Miss Amy M'‘Laren’s novel, “ The Yoke of
Silence,” which has already appeared in both
serial and book form, is to be published early
this month by Messrs. Collins. .
Derek Vane’s new novel, ‘“‘ Lady Varley,
will be published by Stanley Paul & Co. early
in August. It is a character study of two men
and two women brought together in a lonely
country house by the mysterious death of
another man in a London flat. a
Mr. Archibald Marshall’s “ Exton Hall 1s
now in its fourth edition. The same author's
new novel is ‘‘ Roding Rectory” (Stanley Paul).
THE AUTHOR.
271
_ Mr. Henry Bruce has a new novel of Eurasian
life, entitled “The Residency.” The
publishers are John Long, Ltd.
Mrs. Bell, who writes under the name of
John Travers, is publishing her third novel
of Anglo-Indian life through Duckworth & Co.
Miss Helen C. Roberts makes the hero of her
novel, ‘‘ A Free Hand,” a dentist—though he
does not remain a dentist to the end (Duck-
worth). {
M. Georges Bazle has translated into French
Mrs. Irene Osgood’s ‘‘ Where Pharaoh Dreams,”
and the translation has been published in the
Comedia, Paris, together with a biographical
sketch of the author. A copy of “ Where
Pharaoh Dreams” has been accepted by His
Highness the Khedive. ®
“A Fallen Star,” a sketch by Mrs. Herbert
Cohen, appeared in the June number of the
Magpie.
Mr. Harry Wynne’s poem, “ The Plumber,”
recently published in book form, with other
recitations, by Joseph Williams, Ltd., has been
recorded on the Columbia and Pathé gramo-
phones by Mr. Bransby Williams.
‘“‘ Karth with Her Bars: and other Poems ”
is the title of a book of verse by Miss Edith
Dart, some of which has already been seen in
the Westminster Gazette, Pall Mall Gazette, etc.
(Longmans, Green & Co., 1s. paper covers, 2s.
cloth).
DRAMATIC.
“Dido and Aeneas,” a four-act tragedy by
A. von Herder (Mrs. Grantham-Williams) was
presented for the first time by the Drama.
Society at the Ambassador’s Theatre on
May 26.
On June 11 Mr. Israel Zangwill’s one-act
play ‘“‘ Six Persons,” originally seen at the
Haymarket eleven years ago, was revived, to
precede Mr. Zangwill’s “ Plaster Saints
at the Comedy Theatre.
On June 16 “A Scrap of Paper,” a new
adaptation by Mr. F rederick Fenn of the well-
known “ Pattes de Mouche,” was seen at the
iterion Theatre.
“os June 17 “ Driven,” Mr. E. Temple
Thurston’s new play, was seen for the first
time at the Haymarket Theatre.
Mr. EH. V. Esmond has arranged for an exten-
sion of his season with ‘‘ The Dangerous Age
at the Vaudeville Theatre.
Mr. Bernard Shaw’s “ Pygmalion ” was:
performed for the seventy-fifth time at His.
‘esty’s Theatre on June 15. :
o Fons 97 “The Heritage of Hate” Mr.
of the novel
Arthur Shirley’s dramatic version
272
by Mr. Charles Garvice, was put on at the
Aldwych Theatre.
Sir James Barrie has a new play, which is to
be produced in London by Mr. Granville
Barker and in the United States by Mr.
Charles Frohman.
The German translation rights of Mr. Henry
Arthur Jones’s plays, ‘‘ The Liars,” “‘ The Silver
King,” ‘‘ Mrs. Dane’s Defence,” and ‘‘ Michael
and his Lost Angel,’? have been granted by the
author to Dr. Max Meyerfeld.
MUSICAL.
Two songs from the masque “‘ Love and the
Dryad,”’ by Agnes H. Lambert, entitled “ The
Flower Song” and ‘‘ My Ladye’s Singing.”
have been just published separately by Boosey
& Co. The former song (which has the flute
accompaniment attached) is that which was
sung by Miss Evangeline Florence when the
masque was produced in April, 1913, at the
King’s Hall Theatre, Covent Garden. :
“The Halo: the Story of a Chelsea Studio ”
is the title of a new musical monologue which
Reynolds & Co., are publishing. The poem
is written by Mr. Harry Wynne and the musical
setting is by Mr. Cuthbert Clarke. Bransby
Williams and other well-known reciters are
performing the number.
“‘OQur Red Cross Nurses,” words by T. A.
Bennett, and music by J. W. Bampfylde, is a
patriotic song published by the Walsingham
Voluntary Aid Detachment. Copies may be
obtained (post free) from the commandant,
Miss Violet Parry Okeden, Walsingham Abbey,
Norfolk. MS. band parts may be hired.
+>
PARIS NOTES.
ee
12 a French literary paper published in
Paris last month, a short article is
devoted to the memory of the late Mr.
Marston of the firm of Sampson, Low, Marston
& Co. The writer reminds his readers that
after the reverses of 1870 Mr. Marston was one
of those who appealed to the English book-
sellers in favour of their French colleagues.
A sum of 24,574 franes was sent over from
England, and provisions were distributed
among the Parisian booksellers. In 1896,
when the first International Congress of Pub-
lishers took place, Mr. Marston was one of the
vice-presidents. The article concludes with a
message of sympathy to the family of Mr.
Marston.
_“Le Baptéme de Pauline Ardel” is the
title of the third novel by Emile Baumann.
THE AUTHOR.
[JULY, 1914.
‘““L’Immolé,” the first novel by this writer,
had great success, and was followed soon after-
wards by ‘‘ La Fosse aux Lions.”” The author
gives us in this third story a psychological
study of a girl brought up by a father who is a
free-thinker. Her greatest friends are ex-
tremely religious people and the man who wins
her love a staunch Catholic. With this theme
the author has written an excellent book,
extremely human, with characters well defined
and very living.
“La Flamme”’ is the title of Paul Mar-
gueritte’s new novel.
“Les Tétes baissées,”’ by Cyril Berger, is the
volume which has been chosen for the annual
prize awarded by the Committee of the paper
entitled La Vie heureuse.
‘*La Maison sur la Rive ”
by André Lafon, whose former volume
“L’Eléve Gilles’? won for its author the
Grand Prix of the French Academy in 1912.
** Alaric,” by Jacques de Morgan, is, like
George Gissing’s ‘‘ Veranilda,’’a novel based on
the historical episodes of the fall of Rome.
‘*Napoléon délivré,”’ by Albéric Cahuet,
tells us, among other things, of the funeral
of Napoleon, the coup de thédtre of 1840. It
is the reconstitution of an epoch well told by
the author of ‘‘ Aprés la mort de l’Empéreur.”
“Au jeune Royaume d’Albanie’”’ (ce qu’il
a été=ce qu'il est), by G. L. Jaray, one of the
few Europeans knowing this country and
able to explain to us clearly the problems
and difficulties of the new kingdom.
‘** Paris sous Louis XV.,’”’ by Camille Piton.
This writer has given us some curious volumes
on various historical subjects. In this book
we have a number of reports by the king’s
police inspectors, showing the manners and
customs of the times. This volume is the
fifth of the series, and is carefuily annotated
by the author.
‘“‘ A travers Shakespeare ” is the title of a
volume containing a series of lectures given
during the past season by Jean Richepin at the
university of Les Annales.
‘** Dans le Cloaque ”’ is the title of the latest
volume by Maurice Barrés.
A book, entitled ‘“‘La Politique de la
Prévoyance Sociale,’’ by Léon Bourgeois, will
be read with interest. The first volume treats
of ‘‘ La Doctrine et la Methode.”
In a volume entitled ‘‘ Maitres d’hier et
daujourd’hui,” Roger Marx tells us much
that is interesting about Les Goncourt et
VArt, J. K. Huysmans, Anatole France,
Daniel Vierge, Jean-Francois Millet, Hugéne
Carriére, Jongkind, Puvis de Chavannes,
is another novel
JULY, 1914.]
Constantin Guys, Degas,
Théodore Chassériau,
Claude Monet.
** Vieux dossiers, petits papiers,’’ by the
Marquis de Ségur, is now in its fifth edition.
La Transmission télégraphique des Images
et des Photographies,” by Jacques Boyer,
gives us information and illustrations concern-
ing this new miracle of science.
In “ La Route del’Orient,” by Noelle Roger,
we have a chapter entitled ‘‘ Premier contact
avec l’A4me turque”’; and others on Bosnia,
on Roumania and Constantinople. The
volume is illustrated from photographs belong-
ing to the author.
‘“* Comment conserver sa santé” is the title
of an excellent book by Dr. Toulouse, who has
also written ‘‘ Comment former un esprit”
and ‘‘ Comment se condiure dans la vic.”
The play ‘Les Affranchis,” by Marie
Lénéru, has obtained the Emile Augier prize,
as the best play produced within the last three
years.
“Ce quil faut taire,” the play by Arthur
Meyer, editor of the Gaulois, is now published.
It was produced quite recently, and M. Meyer
has explained in several newspapers his reasons
for writing it. M. Adolphe Brisson has
written the preface. :
Shakespeare has been very much in favour
during the past month. “ Twelfth Night ”
had been produced in French and it was
so well received that it was impossible to book a
place the last three evenings. It has also been
played in English under the direction of Mr.
Philip Carr, with Mr. Ben Field and Miss
Cathleen Nesbitt. The general opinion was
that it was as near as possible to perfection.
The ensemble was excellent and the whole
performance a remarkable success. At the
Frangais, ‘‘ Macbeth ” has been given in an
adaptation by Jean Richepin.
ee *
Auguste Rodin,
Auguste Renoir and
‘‘ Le Baptéme de Pauline Ardel”” (Granet).
“La Flamme ” (Flammarion).
“Leg Tétes baissées ” (Ollendorff).
‘La Maison sur la Rive” (Perrin).
“ Alaric ” (Plon).
Napoléon délivré” (Emile Paul).
“ Au jeune Royaume d’Albanie (Hachette).
¢ Paris sous Louis XV.” (Mercure de France).
“A travers Shakespeare” (Fayard).
« Dans le Cloaque” (Emile Paul). — . .
. “Ta Politique de la Prévoyance Sociale (Fasquel e).
“ Maitres d’hier et d’aujourd’hui ” (Calmann Lévy).
“ Vieux dossiers, petits papiers ” (Calmann Lévy). _.
“La Transmission télégraphique des Images et des
Photographies ” (Mendel). :
«a Route de l’Orient” (Perrin).
Comment conserver sa santé” (Hachette).
“ Ce quil faut taire » (Plon).
THE AUTHOR.
273
CHAPPELL v. COLUMBIA GRAMOPHONE CoO.
—_-——+—__
A CASE of some interest to composers and
ae to copyright owners of musical works
_ 2 wae heard recently before Mr. Justice
Neville, in the Chancery Division, when Messrs.
Chappell & Co. applied for an injunction to
restrain the defendants, the Columbia Gramo-
phone Co. from infringing the copyright of a
song by Mr. Herman Lohr of which they, the
plaintiffs, were the copyright holders.
The circumstances were that the defendant
company had made a contrivance by means of
which the composition might be mechanically
reproduced. It was admitted by the plaintiffs
that the defendants were perfectly entitled to
do this as they had given the requisite notice
and complied with all the conditions laid down
in the Board of Trade Regulations issued under
section 19 of the Copyright Act, 1911. But it
was submitted for the plaintiffs that the
defendants had gone beyond their powers, in-
asmuch as they had made a manuscript
orchestral accompaniment of the song, and
that this was a clear infringement of the
plaintiffs’ rights.
On behalf of the defendants it was submitted
that what they had done was reasonably
necessary for the manufacture of their record
and was not an infringement of the copyright
of the plaintiffs.
Mr. Justice Neville, in giving judgment for
the plaintiffs, held that what the defendants
had done was an infringement of the copyright
of the plaintiffs, and that it was immaterial for
what purpose the copy may have been made.
Therefore, there must be judgment for the
plaintiffs, with the costs of the action.
———__+- <>
THE CRITICISM OF FICTION.
i
By One or THE YouNGER NOVELISTS.
URELY no earnest worker in the profes-
sion of letters should miss the way,
recently opened by Mr. Henry, James
in the Literary Supplement of the Times, to
claim more competent and wider criticism of
fiction. The obviousness of our need is un-
doubtedly crying. That branch of the literary
art which, either from the public’s surfeit, or
the reviewers’ weariness, OF the publishers
instinct of self-preservation, has been reduced
from what was once a respectable calling to the
level of a prize-fight, deserves fairer play.
Obviously what we all require 18 a critic like
Francisque Sarcey, who criticised his French
272
by Mr. Charles Garvice, was put on at the
Aldwych Theatre. : a
Sir James Barrie has a new play, which 1s to
be produced in London by Mr. Granville
Barker and in the United States by Mr.
Charles Frohman.
The German translation rights of Mr. Henry
Arthur Jones’s plays, “‘ The Liars,” ‘* The Silver
King,” “ Mrs. Dane’s Defence,” and ‘‘ Michael
and his Lost Angel,” have been granted by the
author to Dr. Max Meyerfeld.
MUSICAL.
Two songs from the masque “ Love and the
Dryad,” by Agnes H. Lambert, entitled “ The
Flower Song” and ‘“‘ My Ladye’s Singing.”
have been just published separately by Boosey
& Co. The former song (which has the flute
accompaniment attached) is that which was
sung by Miss Evangeline Florence when the
masque was produced in April, 1913, at the
King’s Hall Theatre, Covent Garden. :
“The Halo: the Story of a Chelsea Studio ”
is the title of a new musical monologue which
Reynolds & Co., are publishing. ‘The poem
is written by Mr. Harry Wynne and the musical
setting is by Mr. Cuthbert Clarke. Bransby
Williams and other well-known reciters are
performing the number.
“Our Red Cross Nurses,’’ words by T. A.
Bennett, and music by J. W. Bampfylde, is a
patriotic song published by the Walsingham
Voluntary Aid Detachment. Copies may be
obtained (post free) from the commandant,
Miss Violet Parry Okeden, Walsingham Abbey,
Norfolk. MS. band parts may be hired.
Oe
PARIS NOTES.
A
oe a French literary paper published in
Paris last month, a short article is
devoted to the memory of the late Mr.
Marston of the firm of Sampson, Low, Marston
& Co. The writer reminds his readers that
after the reverses of 1870 Mr. Marston was one
of those who appealed to the English book-
sellers in favour of their French colleagues.
A sum of 24,574 frances was sent over from
England, and provisions were distributed
among the Parisian booksellers. In 1896,
when the first International Congress of Pub-
lishers took place, Mr. Marston was one of the
vice-presidents. The article concludes with a
message of sympathy to the family of Mr.
Marston.
“Le Baptéme de Pauline Ardel’’ is the
title of the third novel by Emile Baumann.
THE AUTHOR.
[JULY, 1914.
““L’Immolé,” the first novel by this writer,
had great success, and was followed soon after-
wards by ‘‘ La Fosse aux Lions.’”? The author
gives us in this third story a psychological
study of a girl brought up by a father who is a
free-thinker. Her greatest friends are ex-
tremely religious people and the man who wins
her love a staunch Catholic. With this theme
the author has written an excellent book,
extremely human, with characters well defined
and very living.
“La Flamme”’ is the title of Paul Mar-
gueritte’s new novel.
“Les Tétes baissées,” by Cyril Berger, is the
volume which has been chosen for the annual
prize awarded by the Committee of the paper
entitled La Vie heureuse.
‘*La Maison sur la Rive ”’ is another novel
by André Lafon, whose former volume
‘“L’Eléve Gilles’? won for its author the
Grand Prix of the French Academy in 1912.
** Alaric,”” by Jacques de Morgan, is, like
George Gissing’s ‘‘ Veranilda,’’a novel based on
the historical episodes of the fall of Rome.
‘*Napoléon délivré,” by Albéric Cahuet,
tells us, among other things, of the funeral
of Napoleon, the coup de thédtre of 1840. It
is the reconstitution of an epoch well told by
the author of ‘‘ Aprés la mort de ’ Empéreur.”’
‘**Au jeune Royaume d’Albanie”’ (ce qu’il
a été=ce qu’il est), by G. L. Jaray, one of the
few Europeans knowing this country and
able to explain to us clearly the problems
and difficulties of the new kingdom.
‘* Paris sous Louis XV.,”’ by Camille Piton.
This writer has given us some curious volumes
on various historical subjects. In this book
we have a number of reports by the king’s
police inspectors, showing the manners and
customs of the times. This volume is the
fifth of the series, and is carefully annotated
by the author.
‘** A travers Shakespeare ”’ is the title of a
volume containing a series of lectures given
during the past season by Jean Richepin at the
university of Les Annales.
‘** Dans le Cloaque ”’ is the title of the latest
volume by Maurice Barrés.
A book, entitled “La Politique de la
Prévoyance Sociale,’’ by Léon Bourgeois, will
be read with interest. The first volume treats
of ‘‘ La Doctrine et la Methode.”’
In a volume entitled ‘‘ Maitres d’hier et
d’aujourd’hui,” Roger Marx tells us much
that is interesting about Les Goncourt et
lYArt, J. K. Huysmans, Anatole France,
Daniel Vierge, Jean-Francois Millet, Eugéne
Carriére, Jongkind, Puvis de Chavannes,
>
JULY, 1914.]
Constantin Guys, Degas, Auguste Rodin,
Théodore Chassériau, Auguste Renoir and
Claude Monet.
** Vieux dossiers, petits papiers,” by the
Marquis de Ségur, is now in its fifth edition.
La Transmission télégraphique des Images
et des Photographies,” by Jacques Boyer,
gives us information and illustrations concern-
ing this new miracle of science.
In ‘‘ La Route del’Orient,” by Noélle Roger,
we have a chapter entitled ‘‘ Premier contact
avec l’Ame turque’’; and others on Bosnia,
on Roumania and _ Constantinople. ihe
volume is illustrated from photographs belong-
ing to the author.
‘** Comment conserver sa santé” is the title
of an excellent book by Dr. Toulouse, who has
also written ‘‘Comment former un esprit ”
and ‘“‘ Comment se condiure dans la vic.”
The play ‘Les Affranchis,” by Marie
Lénéru, has obtained the Emile Augier prize,
as the best play produced within the last three
years.
“Ce quil faut taire,” the play by Arthur
Meyer, editor of the Gaulois, is now published.
It was produced quite recently, and M. Meyer
has explained in several newspapers his reasons
for writing it. M. Adolphe Brisson has
written the preface. :
Shakespeare has been very much in favour
during the past month. “ Twelfth Night ”
had been produced in French and it was
so well received that it was impossible to book a
place the last three evenings. It has also been
played in English under the direction of Mr.
Philip Carr, with Mr. Ben Field and Miss
Cathleen Nesbitt. The general opinion was
that it was as near as possible to perfection.
The ensemble was excellent and the whole
performance a remarkable success. At the
Francais, ‘‘ Macbeth ” has been given in an
adaptation by Jean Richepin.
ee
“ Le Baptéme de Pauline Ardel” (Granet).
“La Flamme ” (Flammarion).
‘Les Tétes baissées ” (Ollendorff).
‘La Maison sur la Rive” (Perrin).
“ Alaric ” (Plon).
“ Napoléon délivré” (Emile Paul).
“ An jeune Royaume d’Albanie (Hachette).
Paris sous Louis XV.” (Mercure de France).
“A travers rT cy
Hf 3 le Gloaque’’ (Emile Paul).
ff © tiieore ae la oe Sociale ” (Fasquelle).
“ Maitres d’hier et @aujourd’hui ” (Calmann Lévy).
“Vieux dossiers, petits papiers » (Calmann Lévy). Ss
“La Transmission télégraphique des Images et des
Photographies ” (Mendel). :
«La Route de l’Orient” (Perrin).
« Comment conserver sa santé » (Hachette).
“ Ce quil faut taire ” (Plon).
THE AUTHOR.
273
CHAPPELL v. COLUMBIA GRAMOPHONE Co.
\ CASE of some interest to composers and
Zd to copyright owners of musical works
Was heard recently before Mr. Justice
Neville, in the Chancery Division, when Messrs.
Chappell & Co. applied for an injunction to
restrain the defendants, the Columbia Gramo-
phone Co. from infringing the copyright of a
song by Mr. Herman Léhr of which they, the
plaintiffs, were the copyright holders,
The circumstances were that the defendant
company had made a contrivance by means of
which the composition might be mechanically
reproduced. It was admitted by the plaintiffs
that the defendants were perfectly entitled to
do this as they had given the requisite notice
and complied with all the conditions laid down
in the Board of Trade Regulations issued under
section 19 of the Copyright Act, 1911. But it
was submitted for the plaintiffs that the
defendants had gone beyond their powers, in-
asmuch as they had made a manuscript
orchestral accompaniment of the song, and
that this was a clear infringement of the
plaintiffs’ rights.
On behalf of the defendants it was submitted
that what they had done was reasonably
necessary for the manufacture of their record
and was not an infringement of the copyright
of the plaintiffs.
Mr. Justice Neville, in giving judgment for
the plaintiffs, held that what the defendants
had done was an infringement of the copyright
of the plaintiffs, and that it was immaterial for
what purpose the copy may have been made.
Therefore, there must be judgment for the
plaintiffs, with the costs of the action.
————_ <> __———_
THE CRITICISM OF FICTION.
———
By One or THE YounGeR NoveLisTs.
URELY no earnest worker in the profes-
S sion of letters should miss the way,
recently opened by Mr. Henry James
in the Literary Supplement of the Times, to
claim more competent and wider criticism of
fiction. The obviousness of our need is un-
doubtedly crying. That branch of the literary
art which, either from the public’s surfeit, or
the reviewers’ weariness, or the publishers
instinct of self-preservation, has been reduced
from what was once a respectable calling to the
level of a prize-fight, deserves fairer play. |
Obviously what we all require 1s a critic like
Francisque Sarcey, who criticised his French
274
drama not as a duty but a privilege, and let
himself remain impoverished thereby if only
to prove his honesty of intention ; or a critic
with a given standard and a literary conscience
like Ferdinant Brunetiére ; or one like Jules
Lemaitre who, not content alone with pub-
lishing his own novels, essays, and plays,
followed it up by criticising them himself in the
famous Edition Rose of the Journal des Debats.
Those were critics, critics not averse but
eager to be critics in order to demonstrate their
unique—alas ! why should it be “ unique ?- o—
capacity for identity of impression learned
through genuine reverence for as well as apti-
tude in Letters as an Art !
The average English or American reviewer,
to those of us who are the helpless occasional
victims of his prowess (?), appears to be a
mixture of stale office-boy and languid clerk
underpaid to ‘skim trash,’”’—a résumé of
which he gets printed when it is “ sparkling,”’
but never if itis “longwinded.”’ For space, we
infer, is not to be procured in the literary
columns of the modern newspaper for serious
criticism of “‘ the ephemeral literature of the
day.” So he “turns out” only what has
“gripped” him in that “smart” cheap
style of his contemporaries, which slights all
but the “‘crudities ”’ which our critic cites as
“ glaring,” —leaving “‘ the lost art of reading ”
to those happy humble few who have pause in
the burden and heat even of to-day.
“Js it not perhaps in a subconscious effort
to rid himself altogether of this obnoxious pest
that to-day our pioneer par eacellence of original
forms, our champion stickler for testimony of
‘consciousness, clamours for a mightier right-of-
way ? Where no literary conscience in the
criticism of ‘contemporary fiction’ has as yet
been made evident; and no given standard
been, at least in words, established, one who
possesses the creative gift—which Mr. James
terms ‘the miracle of genius ’—to the extent
some possess it, is surely justified in ing
the bull by the horns in Ae sae hs
Mrs. Wharton writes: ‘“ There seem to be
but two primary questions to ask in estimating
any work of art: ‘‘ What has the author
tried to represent, and how far has he succeeded
—and a third which is dependent on them—
has it the quality of being what Balzac called
vrat dans V art.”
In plain English, Balzac preached verisimili-
tude ; but who of even those of us who love
him because we read him through and through
can maintain that Balzac practised invariabl
all he preached ? Moreover, given a need
worthy of the name, how does he know what
THE AUTHOR.
(JULY, 1914.
the author has tried to represent sufficiently,
z.e., to decide whether he has succeeded or
not—without the author telling him ?
It is at just this point we find that the
present-day so-called “ critics’ fail us—by
demonstrating their predisposition not to care
to understand us where we point our message
sharpest. Whereas if all critics were accom-
plished readers—only winning the right to
their claim as we do by writing—through
contemplation, and deduction, instead of
fiddling when Rome is burning, we authors
might get faster towards the main and off the
rocks.
What we younger writers need most and
first is readers.
Let the publishers provide them, instead
of supercilious underlings craving to be
‘* gripped.’ Let those readers cease relegating
fiction to “the side-track.’? Let him who is
practical make way more diligently and gener-
ously for that flame which licks up so percep-
tibly in a trice chacterisation, eloquence,
abundance, the interplay of the passions—
all the conflict in sum—until, like a coral reef,
the entire magic edifice shapes itself without
visible hands before our eyes.
In France fiction is acclaimed as legitimate
art where the critics discern in the result a
consecutive series of links each dependent
upon the other in an inevitable process of
forging into a chain the main idea.
Why not, and at once, make such a standard
for fiction clearer and possible on this side of
the channel ?
$$$
THE SIXTEENTH CONGRES INTER-
NATIONAL DE PRESSE.
HE sixteenth International Congress
of the Press, held at Copenhagen, has
been singularly _ successful. The
capricious weather of the North proved itself
by a tempestuous North Sea passage, but
Denmark greeted us with Mediterranean Sea
and blue sky. As M. Singer, the President,
stated at the final sitting, ‘‘ Melancholy
disappeared at the Danish frontier.” .
Having attended most of these inter-
national meetings, certainly none has been so
methodically and excellently organised. The
handsome portfolio contained all tickets,
information, and invitations, in our own
tongue; a booklet, described all events and
scenes to be visited. The traditional hospital-
ity of the North was intensely cordial; and
opportunities were given after the Congress
JULY, 1914.]
was closed for individual writers to study their
special subjects.
An historic badge was a passport in the
town, and a railway permis to the country
generally. The business sittings that were
to have been held in the House of Lords were,
owing to the domestic crisis, conducted in the
Hall of the University. As all the documents
were at the House of Parliament, the first
sitting was confined to reading the general
secretary’s, M. ‘Taunay’s, comprehensive
report.
Warm expressions of sympathy were ex-
pressed at M. Taunay’s absence, through
serious illness. The general treasurer, Dr.
Schweitzer, of Berlin, reported that there
-were twenty countries affiliated to the Associa-
tions de Presse, with a membership of over
17,000, and a substantial balance of over
5,000 marks was in hand.
As Dr. Stolz, of Germany, had retired from
the Comité de Direction owing to ill health, Dr.
Dresemann, of Cologne, had been elected to
his place.
The subject that caused the most animated
debate was the right of the journalist to with-
hold his source of information; a right
which, as Colonel Secretan, of Switzerland,
the introducer of the subject, stated, was
possessed by the doctor, the priest, and the
barrister. Especially was he emphatic that
this secrecy must ever be in the public interest,
and not exercised for purposes of blackmail or
seandal. Mr. J. R. Fisher, of Belfast, ex-
pressed the sympathy of the English associa-
tion with the efforts of the continental journal-
ists to secure definite legislation on this point.
So far as the English law was concerned, it was
the decided practice of the courts in civil cases
not to permit any inquiry into the sources
of an editor’s information. In every case the
editor or publisher was solely responsible
before the law for the contents of the news-
paper, and the court will support him in
refusing to give the names of his contributors.
In the case of extra-legal proceedings, however,
journalists had still to guard against the
attempts of such bodies as parliamentary and
other commissions to exercise pressure for
olitical or personal reasons.
Dr. Stoffers and Mr. James Baker acted as
"interpreters for this debate, and, on a division
on a wider embracing amendment, the vote
was equal, and the president adjourned the
sitting. At the next sitting Colonel Secretan's
motion was carried, which invited the Comite
de Direction to act jointly with the various
national associations, “that they take this
THE AUTHOR.
275
matter up with the legal authorities and work
towards procuring legislation that shall protect
the secrecy in journalism.”
Another subject that aroused discussion was
that of the right of reproduction in journalism.
Upon this there was a great division of opinion,
and the writer spoke of the advances made in
England in this matter since first debated by
the Associations de Presse. Many years ago
he had demanded at a meeting of the Society
of Authors, then under the chairmanship of
Sir Frederick Pollock, copyright protection
for the form in which news was related. By
the case of The Times against Steinkopf copy-
right had been assured to the writer of the
article or paragraph. A vote was passed that
the Bureau should formulate a firm resolution
on this matter.
The last sitting was held in the House of
Lords, when the questions came up of an annual
Card of Identité to be signed by the President
of each local association, free of cost to the
members; of Conseils de Prudhommes for
the Press, and of mutual international aid
societics. In closing the business of the
Congress, M. Singer thanked all in Denmark,
their Majesties the King and Queen, the
Ministers and the whole people, who had so
warmly received the journalists of all countries,
and the Minister of the Interior replied saying
that the journalists’ satisfaction fully recom-
pensed all for the trouble taken.
Their Majesties the King and Queen received
the delegates at a Court in the Amalienberg
Palace, and both chatted freely for some time
with the English delegates. The excursions
were on a most elaborate and delightful scale.
A visit to Malmo and lunch-on the largest
ferry boat in the world; a trip to Hamlet’s
Kronberg ; a marvellous pic-nic and open-air
performance of the great Danish drama
* Blvyerkoj ”; and a dozen other remarkable
events, all superbly organised, ended with
excursions to every part of Denmark.
James Baxer, F.R.G.S.
—————_+ >
MAGAZINE CONTENTS.
——+—
CONTEMPORARY.
Early Playhouses and the Drama. By Wilberforce
Jenkins.
The Shakesperean Angels and Devils. J. The Angels.
ForTNIGHTLY.
ini og of Tolstoy. By Count Tlya Tolstoy.
ie Danian. By Prof. M. A. Gerothwohl.
The Idea of Comedy, Il. By W. L. Courtney.
276
HOW TO USE THE SOCIETY.
——— <9
1: VERY member has a right to ask for and to receive
advice upon his agreements, his choice of a pub-
lisher, or any dispute arising in the conduct of his
business or the administration of his property. | The
Secretary of the Society is a solicitor 3 but if there is any
special reason the Secretary will refer the case to the
Solicitors of the Society. Further, the Committee, if they
deem it desirable, will obtain counsel’s opinion without
any cost to the member. Moreover, where counsel s
opinion is favourable, and the sanction of the Committee
is obtained, action will be taken on behalf of the aggrieved
member, and all costs borne by the Society.
2. Remember that questions connected with copyright
and publishers’ agreements do not fall within the experi-
ence of ordinary solicitors. Therefore, do not scruple to use
the Society.
3. Before signing any agreement whatever, send
the document to the Society for examination,
4, Remember always that in belonging to the Society
you are fighting the battles of other writers, even if you
are reaping no direct benefit to yourself, and that you are
advancing the best interests of your calling in promoting
the independence of the writer, the dramatist, the composer.
5. The Committee have arranged for the reception of
members’ agreements and their preservation in a fire-
proof safe. The agreements will, of course, be regarded as
confidential documents to be read only by the Secretary,
who will keep the key of the safe. The Society now offers:
(1) To stamp agreements in readiness for a possible action
upon them. (2) To keep agreements. (3) To enforce
payments due according to agreements. Fuller particu-
lars of the Society’s work can be obtained in the
Prospectus.
6. No contract should be entered into with a literary
agent without the advice of the Secretary of the Society.
Members are strongly advised not to accept without careful
consideration the contracts with publishers submitted to
them by literary agents, and are recommended to submit
them for interpretation and explanation to the Secretary
of the Society.
7, Many agents neglect to stamp agreements,
must be done within fourteen days of first execution.
Secretary will undertake it on behalf of members.
This
The
8. Some agents endeavour to prevent authors from
referring matters to the Secretary of the Society ; so
do some publishers. Members can make their own
deductions and act accordingly.
9. The subscription to the Society is £1 1s. per
annum, or £10 10s. for life membership.
So
WARNINGS TO THE PRODUCERS
OF BOOKS.
—_— 1
ERE are a few standing rules to be observed in an
agreement. There are four methods of dealing
with literary property :—
I. Selling it Outright,
This is sometimes satisfactory, ¢f a proper price can be
THE AUTHOR.
(JULY, 1914.
obtained. But the transaction should be managed by a
competent agent, or with the advice of the Secretary of
the Society.
II. A Profit-Sharing Agreement (a bad form of
agreement),
In this case the following rules should be attended to:
(1.) Not to sign any agreement in which the cost of pro-
duction forms a part without the strictest investigation.
(2.) Not to give the publisher the power of putting the
profits into his own pocket by charging for advertisements
in his own organs, or by charging exchange advertise-
ments. Therefore keep control of the advertisements.
(3.) Not to allow a special charge for ‘office expenses,”
unless the same allowance is made to the author.
(4.) Not to give up American, Colonial, or Continental}
rights.
(5.) Not to give up serial or translation rights.
(6.) Not to bind yourself for future work to any publisher.
As well bind yourself for the future to any one solicitor or
doctor !
III. The Royalty System.
This is perhaps, with certain limitations, the best form
of agreement. It is above all things necessary to know
what the proposed royalty means to both sides. It is now
possible for an author to ascertain approximately the
truth, From time to time very important figures connected
with royalties are published in Zhe Author,
1¥Y. A Commission Agreement.
The main points are :—
(1.) Be careful to obtain a fair cost of production.
(2.) Keep control of the advertisements.
(3.) Keep control of the sale price of the book.
General.
All other forms of agreement are combinations of the four
above mentioned.
Such combinations are generally disastrous to the author,
Never sign any agreement without competent advice from
the Secretary of the Society.
Stamp all agreements with the Inland Revenue stamp.
Avoid agreements by letter if possible.
The main points which the Society has always demanded
from the outset are :—
(1.) That both sides shall know what an agreement
means,
(2.) The inspection of those account books which belong
to the author. We are advised that this is a right, in the
nature of a common law right, which cannot be denied or
withheld,
(3.) Always avoid a transfer of copyright.
SESE SS SORE Th
WARNINGS TO DRAMATIC AUTHORS.
1
EVER sign an agreement without submitting it to the
Secretary of the Society of Authors or some com-
petent legal authority.
2. It is well to be extremely careful in negotiating for
the production of a play with any one except an established
manager.
8. There are three forms of dramatic contract for plays
in three or more acts :—
(a.) Sale outright of the performing right. This
is unsatisfactory. An author who enters into
such a contract should stipulate in the contract
for production of the piece by a certain date
and for proper publication of his name on the
play-bills,
ne eagpead ae bi
JULY, 1914.)
(2.) Sale of performing right or of a licence to
perform on the basis of percentages on
gross receipts. Percentages vary between 5
and 15 per cent. An author should obtain a
percentage on the sliding scale of gross receipts
in preference to the American system, Should
obtain a sum in advance of percentages, A fixed
date on or before which the play should be
performed.
(c.) Sale of performing right or of a licence to
perform on the basis of royalties (i.c., fixed
nightly fees). This method should be always
avoided except in cases where the fees are
likely to be small or difficult to collect. The
other safeguards set out under heading (0.) apply
also in this case.
4, Plays in one act are often sold outright, but it is
better to obtain a small nightly fee if possible, and a sum
‘paid in advance of such fees in any event, It is extremely
important that the amateur rights of one-act plays should
be reserved.
5. Authors should remember that performing rights can
be limited, and are usually limited, by town, country, and
time. This is most important.
6. Authors should not assign performing rights, but
should grant a licence to perform. The legal distinction
is of great importance.
7. Authors should remember that performing rights in a
play are distinct from literary copyright. A manager
‘holding the performing right or licence to perform cannot
print the book of the words.
8. Never forget that United States rights may be exceed-
ingly valuable. ‘hey should never be included in English
agreements without the author obtaining a substantial
consideration.
9. Agreements for collaboration should be carefully
drawn and executed before collaboration is commenced.
10. An author should remember that production of a play
ds highly speculative: that he runs a very great risk of
delay and a breakdown in the fulfilment of his contract.
He should therefore guard himself all the more carefully in
the beginning,
11. An author must remember that the dramatic market
is exceedingly limited, and that for a novice the first object
‘is to obtain adequate publication.
As these warnings must necessarily be incomplete, on
account of the wide range of the subject of dramatic con-
tracts, those authors desirous of further information
are referred to the Secretary of the Society.
— > ——
REGISTRATION OF SCENARIOS AND
ORIGINAL PLAYS.
ee
CENARIOS, typewritten in duplicate on foolscap paper
S forwarded to the offices of the Society, together with
a registration fee of two shillings and sixpence, will
be carefully compared by the Secretary or a qualified assis-
tant. One copy will be stamped and returned to theauthor
and the other filed in the register of the Society. Copies
«of the scenario thus filed may be obtained at any time by
the author only at a small charge to cover cost of typing.
Original Plays may also be filed subject to the same
rules, with the ee that a play will be charged for
at the price of 28, 6d. per act.
THE AUTHOR.
277
DRAMATIC AUTHORS AND AGENTS.
MEO ES
Le authors should seek the advice of the
Society before putting plays into the hands ef
agents. As the law stands at present, an agent
who has once had a play in his hands may acquire a
perpetual claim to a percentage on the author’s fees
from it. As far as the placing of plays is concerned,
it may be taken as a general rule that there are only
very few agents who can do anything for an author
that he cannot, under the guidance of the Society, de
equally well or better for himself. The collection of fees
is also a matter in which in many cases no intermediary is
required. For certain purposes, such as the collection of
fees on amateur performances, and in general the trans-
action of frequent petty authorisations with different
individuals, and also for the collection of fees in foreign
countries, almost all dramatic authors employ agents; and
in these ways the services of agents are real and valuable.
But the Society warns authors against agents who profess
to have influence with managers in the placing of plays, or
who propose to act as principals by offering to purchase
the author’s rights. In any case, in the present state of
the law, an agent should not be employed under any
circumstances without an agreement approved of by the
Society.
Se ee
WARNINGS TO MUSICAL COMPOSERS.
a
ITTLE can be added to the warnings given for the
1, assistance of producers of books and dramatic
authors. It must, however, be pointed out that, as
a rule, the musical publisher demands from the musical
composer a transfer of fuller rights and less liberal finan-
cial terms than those obtained for literary and dramatic
property. The musical composer has very often the two
rights to deal with—performing right and copyright. He
should be especially careful therefore when entering into
an agreement, and should take into particular consideration
the warnings stated above.
a
STAMPING MUSIC.
—
The Society undertakes to stamp copies of music on
behalf of its members for the fee of 6d. per 100 or part
of 100. The members’ stamps are kept in the Society’s
safe. The musical publishers communicate direct with the
Secretary, and the voucher is then forwarded to the
members, who are thus saved much unnecessary trouble,
<a
THE READING BRANCH.
——_-—— + —
EMBERS will greatly assist the Society in this
branch of its work by informing young writers
of its existence. Their MSS. can be read and
treated as a composition is treated by a coach, The term
MSS. includes not only works of fiction, but poetry
and dramatic works, aud when it is possible, under
special arrangement, technical and scientific works, The
Readers are writers of competence and experience. The
fee is one guinea.
— >
REMITTANCES.
The Secretary of the Society begs to give notice
that all remittances are acknowledged by return of post.
All remittances should be crossed Union of London and
Smiths Bank, Chancery Lane, or be sent by registered
letter only.
COLLECTION BUREAU.
—
due to authors, composers and dramatists.
fe Society undertakes to collect accounts and money
1. Under contracts for the publication of their
works. :
9. Under contracts for the performance of their works
and amateur fees.
3. Under the Compulsory Licence Clauses of the Copy-
right Act, i.e., Clause 3, governing compulsory licences for
books, and Clause 19, referring to mechanical instrument
records.
The Bureau is divided into three departments :—
1. Literary.
2. Dramatic.
3. Musical.
The Society does not desire to make a profit from the
collection of fees, but will charge a commission to cover
expenses. If, owing to the amount passing through the
office, the expenses are more than covered, the Committee
of Management will discuss the possibility of reducing the
commission.
For full particulars of the terms of collection, application
must be made to the Collection Bureau of the Society.
AGENTS.
Holland A. REYDING.
United Statesand Canada. WALTER C. JORDAN.
Germany Mrs. Pogson.
The Bureau is in no sense a literary or dramatic
agency for the placing of books or plays.
——___—__+—~>—
GENERAL NOTES.
“THE AUTHOR.”
Members are reminded that The Author is
not published in August or September. The
next issue will appear in October.
Str Witiram Anson, Barrt., P.C.
Str W. R. Anson, whose death was
announced early in June, was a member of
the Society, which he joined in 1904, and of
its council, to which he was elected in the
same year.
Sir William’s most important literary work
was “ The Law and Custom of the Constitu-
tion ’’—a subject on which he was a recognised
authority. In another branch of law, his
“Principles of the English Law of Contract,”
was recognised as a standard work and a very
lucid exposition of the subject.
In his public work, Sir William Anson was
notable chiefly as an authority on education,
and was Parliamentary Secretary to the Board
of Education in Mr. Balfour’s Ministry from
1902—1905.
THE AUTHOR.
(JULY, 1914,
AGENTS.
Durtinc the past few months many inquiries.
have been made by members, who have for-
warded the papers and prospectus of agencies.
claiming to place literary and dramatic works.
In the vast majority of these cases no names
are to be found on the notepaper of these
concerns, the principals preferring to hide their
dim lights under some such titles as ‘ The
International Placing Syndicate.”
We cannot emphasise too strongly how
dangerous it is for members to entrust their
works to unknown parties. The very fullest
inquiries should be made beforehand as to the
bona fides of the persons running them. In
not a few cases these agencies are little else
than typewriting offices whose principals find
that a pretence of literary agency enables them
to get from authors an amount of typewriting
which none of their competitors—i.e., type-
writing offices—could obtain in_ legitimate
business.
We have had occasion previously to point
out no special qualifications are needed for the
starting of a literary or dramatic agency, and
anyone, however slender his qualifications, or
however grave his disqualifications may be,
is enabled to engage in this form of industry.
We confess to some surprise that the genuine
literary agents in this country have not set
up some body charged with the duty of
formulating rules of professional etiquette for
the protection of their profession.
Tur INDIAN Copyricut Act, 1914.
WE have pleasure in providing readers of
The Author with the Indian Copyright Act of
1914, as a supplement to the current number.
There is very little to be said about it, as it
practically adopts the Act of 1911. The most
important difference lies in clause 4, Under
this clause, in the ease of works published in
British India, the arrangement with regard to
the rights of translation has been modelled on
the lines of the Berne Convention and the Act
of Paris, but not on the Convention of Berlin.
This arrangement will most probably only
affect those books that are published by natives
in British India and will not make any serious
difference with regard to the works of English
writers. Attention, however, should be drawn
to the fact that Mr. Rudyard Kipling’s first
efforts were published in India prior to publica-
tion in England, and it is possible, therefore,
that in exceptional cases the Act may interfere
with the writings of English authors. —
‘
t
JULY, 1914.]
MECHANICAL CONTRIVANCES AND ORCHESTRAL
ACCOMPANIMENTS.
WE invite the attention of composers to the
case of Chappell v. The Columbia Gramophone
Co., a report of which appears in another
column.
We do not claim to know the motives of
Messrs. Chappell & Co. in taking this action,
but the effect of the judgment delivered will
not, as far as we can see, be to help composers
who are anxious that their works should be
reproduced mechanically.
In effect, it amounts to this, that a composer
may assign his mechanical instrument rights
to the publisher, who may, if he chooses, make
it almost impossible for the mechanical instru-
ment trade to take up the work.
The publisher—if the composer foolishly
allows him to hold the copyright—has only to
refuse to allow the reproducer to make the
manuscript orchestral accompaniment which
is necessary for the manufacture of the record.
We believe that Messrs. Chappell & Co. are
now engaged in the manufacture and sale of
contrivances for the mechanical reproduction
of music, and if they have succeeded by this
action in abolishing the competition of their
rivals, we hope that composers will be wise
enough to see that they get for the transfer
of their rights to Messrs. Chappell something
much more substantial than the fees laid down
im the Act.
Those fees were fixed by the Legislature as
representing what—rightly or wrongly, we
think wrongly—-was regarded as a fair return
from the mechanical instrument trade for the
use of the composer’s work. It must be
remembered, however. that they were not
fixed as a fair return for the ewclusive use by
any one firm.
——————_+ —<—_+—_____—_
THE LAST OF THE PRE-RAPHAELITES,
THEODORE WATTS-DUNTON, 1832—1914.
N the death of Mr. Theodore Watts-
I Dunton, on June 6, the literary world
loses one of its greatest veterans and the
Society of Authors one of its oldest members.
In his study, where his old friend and secre-
tary, Mr. Thomas Hake, had left him for a few
minutes, he passed awayas hewould most, prob-
ably have wished to pass away, In the midst of
the work to which he was so devoted. His hours
of labour would have shamed a man of half his
eighty-two years. From seven in the ee
until nine at night he was always occupied, anc
until quite recently would sometimes accom-
THE AUTHOR.
279:
pany Ms charming and accomplished wit to
T ee nusement in the evening.
ae oe - Ais’ generation 1S perhaps the
, ate that can befall a man; but this
cannot tly be ad of Mr Watton, ho
s ‘ no generation in particular. His
interest in the life of to-day, a life so different
from that of his own youth and early manhood,
was strangely keen and insistent. Sometimes,
in talking of his great contemporaries, Tenny-
son, Meredith, Swinburne, Rossetti, Morris,
Borrow, there would creep into his voice a note
of retrospective sadness ; but it always seemed
poetic rather than personal. It may be said
that he never really grew up, his spirit never’
became tired. His laugh was as youthful as
was the hearty “‘ My dear fellow ” with which
he would address his friends. Good work he:
recognised and praised, no matter from what
source it came, and his punctilious courtesy in
dealing with a mass of letters from unknown
correspondents savoured of another century.
He possessed the true gift of conversation.
Every subject seemed to develop quite natur-
ally out of what had preceded it, and although
in a single hour he would have passed from
Aischylus and Sophocles to twentieth century
publishers, there was never any break or
suspicion of a change of subject.
Seated on the sofa in the middle of his study,
with reminders of his friendship with Rossetti
gazing down upon him from the walls, Mr.
Watts-Dunton received his friends with that
almost boyish cordiality that so endeared him
to their hearts. If they had been doing any-
thing of which the world knew, he would be
sure to have heard all about it. His mind
was as alert as his memory was remarkable ;
but above all he was possessed of a very real
charm of personality, a charm that did not
-anish before the on-coming years.
In literature and criticism he stood for
enthusiasm. His gospel as a critic was to seek
for the good that is to be found in most things,
literary or otherwise, and, what is perhaps most
remarkable in one who has known so many
great men, he never seemed to draw invidious
comparisons between the writers and. artists.
of to-day and those of the great Victorian era.
In addition to a number of articles hidden
away In periodicals, his long life produced a
romance (“Aylwin”), a sheaf of poems
(‘* The Coming of Love’’), two of the most
stimulating critical pronouncements eet ne
century has produced ( Poetry ” and e
Renascence of Wonder ”), and, what he per-
haps valued most of all, a host of friends ; for
he had a great capacity for friendship.
bo
80
I remember one day, when we were discuss-
wno his two essays © Poetry — and ‘ The
Renascence of Wonder,” I ventured to remark
that I considered the last-named in a way
the more remarkable of the two as
containing his own particular _battle-cry.
He was obviously pleased, and told me how
deplorably it had been cut down because only
a certain space had been left for it in “C hambers s
Cyclopedia of English Literature,” and how
prodigiously it had grown under his hand.
‘At the time of his death he was engaged upon
restoring the passages that he had been com-
pelled to sacrifice. =
During the last few weeks of his life he spoke
frequently in a way that seems now to suggest
that he saw the end was not far off. His
keenness for work was not so great, and he
slept a great deal. A tired body was gradually
quenching an almost indomitable spirit, which
one afternoon quietly slipped away, leaving
him to all appearances peacefully sleeping.
HERBERT JENKINS.
————_ + —~<—_+—_____—_-
UNITED STATES NOTES.
T the meeting of the American Library
Association in Washington, at the
end of May, the president, Mr. KE. H.
Anderson, vigorously denounced the shame of
the book tariff—‘‘ an imposition,” comments
the Dial, ‘‘ endured by only two of the great
Powers of the world, our own country and
Russia.”’ The Dial continues : ‘‘ Of course it
is an old story, but it is likely to be considerably
older before the disgrace is wiped out and we
are able to hold up our heads and claim a place
among the nations enlightened enough not to
lay a penalty on the acquisition of knowledge.
Fifty per cent. higher now than before the
Civil War, the present duty on imported
English books fails ridiculously to yield any
considerable revenue or to foster home industry
in the manufacture of books. . . . If, then, as
a tariff for revenue, the book tax yields only
a negligible return compared with our total
revenue, and if as a protective tariff it fails
to protect or, at most, furnishes ignoble shelter
to an unworthy few, why suffer it to remain
on the statute book ? ”
Why, indeed ? is a question which occurs to
-others besides Americans.
My list of new publications is somewhat
shorter than usual at this time of year, owing
to the late publication of the last instalment
of these notes. Fiction, which keeps up its
THE AUTHOR.
JULY, 1914]
numbers, may be left to the end. Biography
makes but a small show. Will Levington
Comfort calls his reminiscences ‘* Midstream.”
To the American Crisis Biographies the newest
addition is Daniel Webster, by F. A. Ogg.
Among _ historical works are * California
under Spain and Mexico,” by Irving Richman ;
“The Mexican People: Their Struggle for
Freedom,” by L. Gutierrez de Lara and
Edgecumb Pinchon: “Old Panama and
Castilla del Oro,”’ by Dr. C. L. G. Anderson ;
“The Negro in American History,” by J. W.
Cromwell; ‘‘ The Rise of the American People,”
by R. G. Usher; and “ The Reformation in
Germany,” by Professor H. C. Vedder. On
the borders of this class is ‘* The History of the
Soldiers’ Home in Washington,” by E. A.
Lawton.
‘* A History of Education in Modern Times ”
is by Professor F. P. Groves, of Pennsylvania
University. Another educational work is
‘“ The Backward Child,’ by Barbara Morgan.
C. and M. Beard write of ‘ American
Citizenship ’’?; W. E. Walling of * Progressiv-
ism—and After’; and E. D. Kenna of * Rail-
way Misrule.”
Travel and open air books include “ India,
Malaysia, and the Philippines,” by Bishop
W. F. Oldham ; ‘‘ Roughing It De Luxe,’ by
Irwin Cobb ; “‘ Europe after 8.15,” by H. L.
Mencken, G. J. Nathan, and W. H. Wright ;
‘“‘ Life Histories of African Game Animals,” by
Theodore Roosevelt and Edmund Heller ;
‘* A Stepdaughter of the Prairies,” by Margaret
Lynn; and ‘“‘ The Commuter’s Garden,” by
W. B. Hayward.
‘** Stellar Motions” is by Professor W. W.
Campbell, of Lick Observatory. A philoso-
phical work is ‘‘ The Ego and its Place in the
World,” by C. G. Shaw. The same classifica-
tion can hardly extend to ‘‘ The Message of New
Thought,”’ by Abel L. Allen, or ‘‘ Letters from
a Living Dead Man,” by Elsa Barker. “ The
Seen and the Unseen at Stratford-on-Avon,”
by W. D. Howells, is, of course, already
familiar to English readers. Perhaps the
most notable book of essays is ‘“* The Lawyer in
Literature,” by Judge J. M. Gest.
And now the plunge has to be made into
the novel class. This time, unlike the last
occasion that these notes were written, women
writers are not very numerous. Of those
who sign with feminine names I notice Mary
Vorse, author of ‘‘ The Heart’s Country” ;
Alice D. Miller, “‘ Things’?; Marian Keith,
‘“The End of the Rainbow ”’; Dorothy Dix,
‘“‘Mirandy ’’; Margaret Gerry, ‘“ The Masks
of Love”; Lucy Pratt, ‘ Ezekiel Expands ” ;
JULY, 1914.]
and Daisy Rhodes Campbell, “ The Fiddling
Girl.” ““Vandover and the Brute” is the
name of the curiously recovered novel by
the late Frank Norris, which disappeared
in the San Francisco earthquake. ‘ The
Hills o Hampshite’ is by W. M. Cressy
and Clarence Harvey; “ Cordelia Blossom ”’
by G. R. Chester; ~ The Boomers,’ by Roy
Norton ; “Glory of the Pines,” by Ww OC.
Covert ; “ Under Handi aps,” by J. Gregory ;
_ New Men for Old,” by HY. O’Bricn ;
The Professor and the Petticoat, by A. S.
Johnson ; ‘‘ Horacio,’ by R. W. Fenn 7“ The
Salamander,” by Owen Johnson ; “ Henry of
Navarre, Ohio,” by Holworthy Hall ; “The
Quarterbreed,”’ by BR. A. Bennet ; “ The
Green Seal,” by C. E. Walk; “Idle Wives,”
by James Oppenheim ; ‘** At Bay,” by George
Scarborough ; “‘ Captain Dan Richards,” by
E. T. Tomlinson; ‘On with Torchy,” by
Sewell Ford ; ‘“‘ Sweetapple Cove,”’ by G. van
Schaick; ‘The Marryers,” by Irving
Bacheller; ‘“‘ Keeping up Appearance,” by
M. Foster: and “ With the Best Intention,”
by Bruno Lessing.
The literary obituary of the past few months
is not very large. On April 2 died E. P.
Morton, a prominent student of English verse,
and a. professor at several American universities
in turn. On April 7 Cy Warman, often styled
“the poet of the Rockies,” died in Chicago.
He wrote. besides verse, many railroad stories
and edited more than one paper. The death
occurred at Capri on April 12 of Thomas
Spencer Jerome, known among scholars for his
studies of the Roman Empire, which led him
to take up his permanent residence on the
island where he died. On May 21 died Rudolf
Tombo, junior, associate professor of Germanic
languages at Columbia University, where he
was also registrar and editor of the quarterly
magazine. On May 26 died Jacob A. Riis, a
Dane bv birth, but since 1870 an American.
He wrote extensively about slum life in the
States and was one of ex-President Roosevelt's
en hers.
oe Pup WALSH.
—+— +
ARE NOVELS TOO CHEAP ?
— a1
DO not believe in the advisability of placing
artificial restrictions on the price of any
commodity. I believe that the price
arrived at by the haggling of the market, the
point of agreement between producer and con-
sumer reached by free bargaining, 15, if not
THE AUTHOR.
281
ally fair and just than that which
could be arrived at by any other means.
If instead of this natural price you want
something more ideally fair, you are faced by
two great difficulties. : ;
rhe first is that you have to find out who
are the proper people to decide it. The second
is that you have to find out how the decision
is to be made practical and effective.
If the price is decided by a representative
body of producers, it is almost certain, such
is human nature, to be a little unfair to the
consumers. If it is decided by a representa-
tive body of consumers it is likely to be a little
unfair to the producer. If you want it decided
by a body equally representative of producers
and consumers—well! how are you going to
find that body, and to make it act in accord,
and how are you going to make its decision
effective ?
That is the second difficulty. The arti-
ficially arranged price has to be maintained by
artificial means. It can be done when the
producers are sufficiently united and have
fixed on a price that is not quite fair to the
consumer. For example, the lawyer can
charge 6s. 8d. for an opinion that from a
purely outside point of view is often worth only
1s., and the doctor can charge 8s. 6d. for advice
and medicine that in many cases the chemist
would give for the odd 6d.
In the same way the consumers, when of
one mind, can put an end to a high-priced
product, as we have practically put an end
to the sale of English cheese because its price
is higher than that of the colonial article.
Now we novelists have not the doctors’
or the lawyers’ power of making a close
preserve of our business because, while nobody
would think of entrusting his legal interests
or his health to a tyro who had given a few
months only to the study of law or of medicine,
quite a large proportion of the reading public
show now and then that they prefer a school-
girl’s maiden effort to the latest expression of
a master novelist’s art.
If all the existing novelists and all the
existing publishers agreed together that no
novel should be issued at less than 6s. it
would merely throw open a rich field for the
new novelists and the new publishers who
would hasten forward to supply the undoubted
demand for cheaper editions. If all the
booksellers joined in the 6s. Meese their
place would quickly be taken by oe ee
agents and the drapers. The covena®.
would find themselves in the wilderness,
—_—_—a4
282
whilst the competition of the
neweomers and
of supply and demand would
the natural play ya
de the minimum price of the
continue to deci
novel. ae
For this reason I look upon any discussion
as to what the minimum price ought to be, and
whether novelists should not combine to fix
and maintain that minimum, as purely
academic.
But if no artificial restriction can be placed
on the minimum price at which novels should
be sold, if it is left to the free play of demand
and supply to decide what is the lowest price
at which a new or comparatively new novel
shall be placed on the market, IT think no
artificial restriction should be placed on the
maximum price at which such novels should be
sold.
And when we come to the maximum price,
we are on very different ground. We are no
longer considering the theoretical advisability
of an artificial restriction on prices which in
practice is impossible, we are considering an
artificial restriction which is in force; and it
is of the utmost practical pertinence to ask
whether the artificial restriction is a fair thing
and, if not, whether there are any means by
which it can be combated and removed.
We are not asking whether as novelists and
publishers we should be justified in combining
to maintain a certain arbitrary price for the
novel; we are asking whether we ought to
allow a combination of consumers to rob us
of the advantages of an open market while
they do nothing to protect us from its dis-
advantages.
That the 6s. decided upon by an adamant
tule as the maximum price at which a new
novel can be placed on the market is absolutely
arbitrary and artificial is, of course, proved
by the history of its inauguration. It was
not arrived at by any of that gradual bargain-
ing which enables buyer and seller to discover
the price which is fair to both. In a day
the price of the new novel was changed from
a guinea and a half to 6s., and I challenge
any individual concerned in that abrupt
change to give me any reason why the price
should not have been 1s. more or 1s. less.
Even if, by some miraculous means, the
librarians, booksellers, publishers and authors
who agreed on the sensational change did
arrive at the precise price that was equally
fair and advantageous to every interest con-
cerned at the moment, twenty years have
passed, and the price that was fair to every-
body then must surely have been affected by
the changing conditions which have given
THE AUTHOR.
[JULY, 1914.
us the flood of 6d. paperbacks and the nicely
bound and printed comparatively new novel
for 7d. As the value of the well-bound and
well-printed novel which one can place on
one’s bookshelf decreases so the one advan-
tage which the new novel has over these chaste
and cheap reprints, its newness, calls more
and more for proper recognition and valua-
tion.
Twenty years ago the market value of
newness was emphasised almost sensationally.
If you wanted the latest novel of Ouida or
Miss Braddon as soon as it was published,
you had to pay a guinea and a half, and got
the story in three volumes. If you were
content to wait a little while you could get it
in coloured boards for 2s.
That may have been an over-emphasis of
the value of newness, and the three volumes
were certainly very inconvenient for the lending
libraries to handle, but I imagine that it was
nearer the mark in its appreciation of the
value that readers place upon newness than
the present system, which fixes the value of
the absolutely new novel at a price so low that
it does not allow the actual valuations of the
reading public sufficient margin in which to
express itself. If, for instance, you can obtain
a new novel of Mr. Wells’ straight from his
brain, when everybody is discussing it, for
4s. 6d., then 44d. is quite enough to pay merely
for the pleasure of reading it in paper backs
when the excitement and novelty are over
and the discussion has ended, and 7d. is quite
enough to pay to put it on one’s shelves.
The prices are all dependent upon each other,
and if at any point the delicate process of
finding out true values by experiment in a
free market is obstructed by an arbitrary and
artificial restriction, the effect of that restric-
tion will be felt throughout the whole process.
Because the maximum price of the new
novel has not been arrived at by the haggling
of the market and does not represent any
natural value discovered by the free play of
supply and demand, that artificial and arbitrary
price stands as the dominant factor affecting
supply and demand.
Because the maximum price is too small to
give the publisher much return on the normal
sale of a normal novel the publisher puts out
as many books as possible in order to make a
fair income out of many small profits, and I
think he gives much less individual care to
each novel than a publisher used to do under
the old system.
Similarly the novelist is urged by the small-
ness of his return to increase his output,
-and as it easily m
JULY, 1914.]
especially when he realises that, having onee
obtained his entrée to the circulating libraries,
the quality of his work matters cee ae
and that his sales are unaffected by the praisc
or blame of the reviewers. This tendency is
so marked that the librarics in their own defence
have had to place an artificial restriction on
the supply.
And as the 6s. maximum has inereased the
supply of novels while lowering their quality,
so it has increased the demand while making
that demand less discriminating.
In the days of the high-priced new novel,
when a subscription to a good library cost
something, readers took some care in their
selection. They read and were influenced by
reviews. Now the subscription rate is so
small that people of quite moderate means will
save themselves the trouble by taking half
a dozen books at a time, more or less at random.
It is probable that out of the six a reader will
find only one to read and enjoy and will merely
glance at the others, but the transaction
gives no indication of the reader’s preference
to the librarian, who is supposed to gauge
the taste of his patrons from their selections
and to make his purchases accordingly.
Considering the important position which the
circulating library holds as a medium between
writer and reader, it would appear to me lacking
in sensitiveness—economical sensitiveness— to
the taste of its readers. And this through
a failure to graduate its subscription rate.
Some of the libraries have, I know, two
classes of subscription, the cheaper entitling
one to borrow books six or twelve months old.
But the differentiation is clumsily inadequate.
The value which many novel readers place upon
freshness is almost equal to that of the news-
paper reader and the magazine Yr sader, who
would rather pay 6d. for a current copy than
1d. for a copy a week old.
It is possible that the price which an active
novel reader would give to read a novel
which is being considerably discussed in the
first week of its appearance is double that which
he would be prepared to pay for the reading
a week later. It is certain in the case of a
great many readers that the value has gone
down to half after the first month.
And this quick change of actual value Is
in no way represented by change of prices,
as it would be in a free and sensitive market.
ight be if we were not under
cadening rule of uniformity
both as to the price at which new novels shall
be sold and the price at which they shall be
lent. No subscriber to a circulating library,
the thrall of this d
THE AUTHOR.
283
ae
week of the time whe i 2 7 ee
_ OF ( en he wants it. In the
provincial libraries at least, when one wants a
new book at all in demand, one puts one’s
name down on a list and waits until the other
readers who put their names down first have
taken their varying periods for perusing the
one or two copics bought to supply their needs.
One may have to wait several weeks for one’s
turn.
Now in a ease like this, where the demand is
greater than the supply, the economic way of
adjusting them is to make a competitive price.
The limited supply is doled out to the demanders
not in the order of their foresight or agility
in getting their names down, but in the order
of their eagerness as that eagerness is shown by
the price they are prepared to pay for its satis-
faction. Personally I should be prepared in
the case of many novels to pay considerably
more than the small fee demanded by my
provincial library for the privilege of reading
a book, if I could have the greater privilege
of having the first dip at it, and it seems to me
an economical blunder on the part of the
libraries that there is no method arranged by
which we could mutually oblige each other.
It is as clumsy as if the manager of a theatre
charged the same price for every seat and left
the boxes and the stalls to be seized by the
first-comers.
But it is the natural result of a system which
while it gives full play to competition in cheap-
jal restriction on any
ness places an artific
by practice the actual
attempt to discover
value of newness.
I think myself that
combination which,
the iron edict of a strong
while it has no power
and makes no attempt to put a bar on the
too-cheap novel insists on a maximum that
has no logical relationship cither with supply
or demand, is at the root of all the evils of
which novelists, publishers and booksellers, as
well as the librarians themselves, complain
of to-day, and ought to be broken down if
the trade in novels is to remain anything more
than an unhealthy gamble for big sales.
. HerBertT FLOWERDEW.-
ao
MATILDE SERAO.
—— 1
ATILDE SERAO’S father — was. the
editor of the Giornale di Napoli, and
in consequence she was brought up
in a literary atmosphere. It would have been
an easy matter for her to have contributed to
284
her father’s paper, but she preferred to find
recognition on the merits of her writings alone,
and at the age of seventeen, under the pseu-
donyme of “‘ Tuffolina,” she sent out a sketch,
“ Fanciullo biondo ” (fair youth), which found
a ready publisher; this encouraged her to
write another, “ Il Cristo d’Altamura,” which
was immediately accepted for publication, the
editor writing to ask her for a story at her
own fee. She wrote it in two days, and asked
30 lire (about 24s.) for it, which she received
by return of post. So she began. Soon all
local papers wanted contributions from her
able pen, and she wrote many articles and
stories, which were subsequently collected in
book form, her earliest efforts appearing in a
little volume called: ‘‘ Dal vero.” She also
helped her father in his editorial work until
she went to Rome in 1885 and married Edoardo
Searfoglio, and published with him a paper
called Il Corriere di Roma, so becoming a
journalist as well as an author. She wrote so
much, her books were reprinted so often, that
it is difficult to get a complete and chrono-
logical list of her works ; the following are the
most important :—
= Opale” (a novel) (1878), ~ Leggende
napoletane ” (1881), “‘ Piccole anime ”’ (1883),
“T] ventre di Napoli” (1884), “La virti. di
Ceechina”’ (1884), “‘ Il romanzo della Fan-
ciulla ” (1885), ‘‘ La conquista di Roma”
(1885), “Pagina azzurra”’ (1885), “ Vita e
avventure di Riccardo Joanna ” (1887), “ Fior
di Passione’”’ (tales) (1888), “ All’erta senti-
nella!” **Terno secco,” “Trenta per cento,”
ete. (stories) (1889), ‘‘ Addio amore !”’ (1890),
“Tl paese di Cuccagna’’ (1891), ‘‘ Piccolo
Romanzo’”’ (1891), ‘‘ Fantasia”’ (1892),
* Castigo ’’ (1893), ‘Gli amanti’’ (pastels)
(1894), “ Le amanti ”’ (stories) (1894), “ L’in-
‘differente *” (1896), “‘ Donna Paola’’ (1897),
“ Storia di una Monaca ”’ (1898), ‘‘ Nel paese
‘di Gesu’”’(1900),**Animasemplice,” ‘ Ballerina”
(1901), “‘Lettere d’amore”’ (1901), ‘‘Madonna e
Santi nella fede e nella vita ”’ (1902), ‘ Storia
di due anime ” (1904), “* Dal vero ” (sketches)
(1905), “Dopo il perdono”’ (1906), “‘ Ster-
minator Vesevo ”’ (1906), ‘‘ Cristina,” ‘ Sacri-
legio ” (two stories) (1908), ‘* Cuore Infermo ”’
(1908), San Gennaro nella leggenda e nella
vita ’* (1909), ‘* Capelli di Sansone” (1909),
Pellegrino appassionato ” (1911), ‘‘ Evviva
la vita !’ (1911), “ Evviva la guerra ! ”’ (1912),
La mano tagliata *» (1912).
ie ee ay have coe published in Eng-
- okid ae Love! (translated by Mrs.
eo leinemann (1894); ‘* The Land
“ockayne,”’ Heinemann (1901) ; “ Fantasy ”’
THE AUTHOR.
[JULY, 1914.
(translated by H. Harland and P. Sylvester),
Heinemann; ‘‘The Ballet Dancer” and
“On Guard,” Heinemann (1901); “ The
Conquest of Rome,’’? Heinemann (1902); ** In
the Country of Jesus ” (translated by Richard
Davey), Heinemann (1905) ; ** After the
Pardon,” Eveleigh Nash (1909) ; ‘‘ The Desire
of Life”? (translated by William Collinge),
Stanley Paul & Co. (1911); “ Dopo il Perdono ”
was written in dramatic form in collaboration
with Pierre Decourcelle and acted as a four-act
drama in Naples in 1908. Matilde Serao’s
novels have been translated into many foreign
languages, and she is the foremost woman
writer in Italy to-day, yet I do not think she
is sufficiently known, or widely read, in
England; maybe the choice of the works which
have been so far translated are not those which
show her insight into human passions to the
best advantage. In Italy, as a writer, she does
not excel for style or choice of subject, she does
not use beautiful language, nor does she
display great originality in her plots or dénoue-
ments; but she is intimate with “love” in
all its phases, in all its shades, in all its triumph,
but, most of all, in all its tragedy. Most of her
novels are enlarged snapshots of life with
variations on the love theme, which runs
through all her books, though the “ Conquest
of Rome” is a tale of parliamentary life, the
““ Avventure di Riccardo Joanna” is meant
as a warning to would-be writers as to thorny
path which awaits aspirants of the pen, tl
paese della Cuceagna” is a romance of Nea-
politan life, and the “Paese di Gesu” is a book
of reminiscences of a trip to Palestine, as
‘“* Evviva la guerra!’ is an echo of the Italian
war in Tripoli, and ‘‘ Sterminator Vesevo ” is
a diary of the eruption of Vesuvius in April,
1906.
Though Matilde Serao has written many and
lengthy volumes, I am going to make no
apology for dwelling on three tiny books of
hers which are not known generally, on account
of the fact that, as yet, they have not been
translated into English; they are: “Gli
amanti,” ‘‘ Le amanti,” ‘‘ Lettere d’amore ”—
Lovers (masculine), Beloved (feminine), and
Love letters. Matilde Serao describes every
form of love, but her own conviction is that
in love there are more sufferers than sinners,
more sorrow than joy; yet she believes the
world is well lost for the sake of love. She
goes even further in her analysis of this
absorbing human passion, and compares it to
a devouring flame which gives no respite, which
knows no mercy, which does not reason and
which cannot be conquered, for even virtueis
JULY, 1914.]
powerless against the devastating power of
passionate love. In “Gli amanti” we en-
counter the various forms of love, we are led
into the intimacy of many hearts and are
shown how the various souls of lovers feel
love ; in this little book some love sensually,
others idealise passion, some arc true till death
and even die for their love, others only find
pleasure in change; some love with their
heads, some with their hearts, others merely
with their senses ; but they are all true to life
not overdrawn nor toned down.
‘** Le amanti ”’ introduces us to various types
of women in love. From these sketches I will
quote a dialogue the directness of which is
most appealing. It is summer, and a moon-
light night, Massimo makes love to Luisa
because he feels sentimental, and she falls
desperately in love with him. He is her first
love, but has to tell her he is in love with
another, and this is what they say :—
‘“* Do you love her very much ? ”
‘“*T love her. When one loves, one loves-
“* Have you loved her a long time ? ”
*“ A very long time.”
** Since when ? ”’
** Since always.”
‘“* Have you never loved any other ?’
“No—never. There is a love that admits
of no other.”
Yet the woman whom he loved did not love
him, as the following dialogue shows :—
‘** Does she love you? ”
“No.”
‘6
2
She does not love you?’
No, not at all.”
“‘ Did she ever love you?”
Never.”
“Have you any hope?”
None.”’
“‘ Why does she not love you? ”
‘Because there are some people who never
do love.”
He knows he is only a toy, a slave, yet he
cannot tear himself away for—such is love.
“Tettere di amore” (Love letters) has a
sub-title which explains their object, : I
perché della morte,” or ‘“ Why love dies.’
Matilde Serao thinks that to love completely
it is necessary to love with heart, senses,
nerves, and sentiments, therefore to logically
love is to give oneself up entirely and_be
consumed by an overwhelming passion. Yet
to do this is inevitably to give love its death-
blow, for, having reached ecstasy, one can get
no higher, nor stand still, therefore only by an
eternal parting can one prevent love's dissolu-
tion. Matilde Scrao thinks that it is better to
°
‘
.
THE AUTHOR.
285
suffer cruelly through the disappearance of the
beloved than to be tortured by lies and secret
and vulgar betrayals of a dead love that vainly
tries to keep alive only for pity’s sake. It is
best for lovers to separate, to end the romance
whilst still the rapture lasts, so that at least
remembrance may survive of glorious days
gone by, undimmed by the tepidity of the
penultimate or the icy coldness of the last days.
_ Matilde Serao gives us lovers and loves that
linger on in our mind, and make us think ;
they are all so real, we get to know them so:
intimately that our very heart beats with
theirs. Matilde Serao should be read if only
for this, that she has the gift of creating
visions. On the tree of Love many flowers
blossom, some sweetly perfumed, others scent-
less, some brilliantly hued, others almost
colourless, some exotic and intoxicating, others.
appealing by their serene simplicity. In our
hours of rest the flowers of remembrance
blossom, and we can see again the faces we
once loved, the radiant sunshine that long ago
did play on our well-beloved’s tresses entwining
them round our hearts, or, maybe, some
cherished name written in letters of gold on a
cloudless sky. The heritage of past raptures
is an after-glow which warms the most lonely,
the darkest places of our soul shedding a great
light—for this, in the heyday of our lives, we
should cultivate Love.
E. S. Romero-TopEsco.
> oe
MEMORIES OF MY YOUTH, 4844—1865.*
HERE are few literary forms in reality
more difficult than autobiography. This
is not the opinion of the generality of
people, and the familiar assertion that every
man has one book in him is usually understood
to mean that the book in question would be
a record of the writer’s personal feelings and
experiences. In fact, however, that would be
very seldom likely to be the case ; for any able
representation of a man’s self invariably
presents formidable problems, and to arrive at
any becoming solution of them demands no
ordinary skill. For this reason Dr. Putnam's.
“Memories of my Youth” deserves high
praise, and should mect with a wide welcome
as a work in which the serious difficulties of
autobiography have been most happily sur-
2 eS
* By George Haven Putnam. G. Putnam’s Sons, New
York and London. 1914.
284
her father’s paper, but she preferred to find
recognition on the merits of her writings alone,
and at the age of seventeen, under the pseu-
donvme of “‘ Tuffolina,” she sent out a sketch,
“ Fanciullo biondo ”’ (fair youth), which found
a ready publisher ; this encouraged her to
write another, “ Il Cristo d’Altamura,”’ which
was immediately accepted for publication, the
editor writing to ask her for a story at her
own fee. She wrote it in two days, and asked
30 lire (about 24s.) for it, which she received
by return of post. So she began. Soon all
local papers wanted contributions from her
able pen, and she wrote many articles and
stories, which were subsequently collected in
book form, her earliest efforts appearing in a
little volume called: ‘Dal vero.” She also
helped her father in his editorial work until
she went to Rome in 1885 and married Edoardo
Scarfoglio, and published with him a paper
ealled Il Corriere di Roma, so becoming a
journalist as well as an author. She wrote so
much, her books were reprinted so often, that
it is difficult to get a complete and chrono-
logical list of her works ; the following are the
most important :—
‘““Opale”? (a novel) (1878), “‘ Leggende
napoletane ” (1881), “ Piccole anime ” (1883),
“ I] ventre di Napoli” (1884), “La virti di
Cecchina ”’ (1884), ‘Il romanzo della Fan-
ciulla’”’? (1885), ‘‘ La conquista di Roma”
(1885), ‘Pagina azzurra’’ (1885), “ Vita e
avventure di Riccardo Joanna ”’ (1887), ** Fior
di Passione ’’ (tales) (1888), ‘‘ All’erta senti-
nella !’’ **Terno secco,”’ “Trenta per cento,”
ete. (stories) (1889), ““ Addio amore !” (1890),
“Tl paese di Cuccagna’’ (1891), ‘* Piccolo
Romanzo”’ (1891), “ Fantasia” (1892),
“ Castigo” (1893), “Gli amanti’”’ (pastels)
(1894), “ Le amanti ” (stories) (1894), “ L’in-
diferente ” (1896), “ Donna Paola” (1897),
“ Storia di una Monaca ”’ (1898), “ Nel paese
di Gesu : (1900),**Animasemplice,” ‘ Ballerina”
(1901), ““Lettere d’amore”’ (1901), ‘‘Madonna e
Santi nella fede e nella vita ”’ (1902), ‘‘ Storia
di due anime ”’ (1904), ‘‘ Dal vero ” (sketches)
(1905), “Dopo il perdono” (1906), ‘‘ Ster-
minator Vesevo ” (1906), ‘‘ Cristina,’ ‘ Sacri-
legio ”’ (two stories) (1908), ‘‘ Cuore Infermo ”
(1908), San Gennaro nella leggenda e nella
vita ” (1909), ‘Capelli di Sansone *’ (1909),
“ Pellegrino appassionato ” (1911), “ Evviva
la vita !”” (1911), ‘‘ Evviva la guerra ! ’’ (1912)
La mano tagliata ” (1912).
ce oe Sigh published in Eng-
Hi. Harland) Hei a ao 2
Ca einemann (1894); ‘‘ The Land
ayne,’’ Heinemann (1901) ; ‘‘ Fantasy ”’
3
THE AUTHOR.
[JULY, 1914.
(translated by H. Harland and P. Sylvester),
Heinemann; ‘‘The Ballet Dancer” and
“On Guard,’ Heinemann (1901); ‘ The
Conquest of Rome,”? Heinemann (1902); “ In
the Country of Jesus ” (translated by Richard
Davey), Heinemann (1905); “After the
Pardon,” Eveleigh Nash (1909) ; “* The Desire
of Life’ (translated by William Collinge),
Stanley Paul & Co. (1911); ** Dopo il Perdono ”
was written in dramatic form in collaboration
with Pierre Decourcelle and acted as a four-act
drama in Naples in 1908. Matilde Serao’s
novels have been translated into many foreign
languages, and she is the foremost woman
writer in Italy to-day, yet I do not think she
is sufficiently known, or widely read, in
England; maybe the choice of the works which
have been so far translated are not those which
show her insight into human passions to the
best advantage. In Italy, as a writer, she does
not excel for style or choice of subject, she does
not use beautiful language, nor does she
display great originality in her plots or dénoue-
ments; but she is intimate with “love” in
all its phases, in all its shades, in all its triumph,
but, most of all, in all its tragedy. Most of her
novels are enlarged snapshots of life with
variations on the love theme, which runs
through all her books, though the “* Conquest
of Rome” is a tale of parliamentary life, the
“ Avventure di Riccardo Joanna” is meant
as a warning to would-be writers as to thorny
path which awaits aspirants of the pen, “ Ul
pacse della Cuccagna ” is a romance of Nea-
politan life, and the “Paese di Gesu” is a book
of reminiscences of a trip to Palestine, as
‘“‘ Evviva la guerra!’ is an echo of the Italian
war in Tripoli, and ‘‘ Sterminator Vesevo ” is
a diary of the eruption of Vesuvius in April,
1906.
Though Matilde Serao has written many and
lengthy volumes, I am going to make no
apology for dwelling on three tiny books of
hers which are not known generally, on account
of the fact that, as yet, they have not been
translated into English; they are: “ Ghi
amanti,”’ ‘* Le amanti,”’ ‘‘ Lettere d’amore ”—
Lovers (masculine), Beloved (feminine), and
Love letters. Matilde Serao describes every
form of love, but her own conviction is that
in love there are more sufferers than sinners,
more sorrow than joy; yet she believes the
world is well lost for the sake of love. She
goes even further in her analysis of this
absorbing human passion, and compares it to
a devouring flame which gives no respite, which
knows no merey, which does not reason and
which cannot be conquered, for even virtue+s
JULY, 1914.]
powerless against the devastating power of
passionate love. In ‘Gli amanti” we en-
counter the various forms of love, we are led
into the intimacy of many hearts and are
shown how the various souls of lovers feel
love ; in this little book some love sensually.
others idealise passion, some are true till death
and even die for their love, others only find
pleasure in change; some love with their
heads, some with their hearts, others merely
with their senses ; but they are all true to life
not overdrawn nor toned down. :
** Le amanti ”’ introduces us to various types
of women in love. From these sketches I will
quote a dialogue the directness of which is
most appealing. It is summer, and a moon-
light night, Massimo makes love to Luisa
because he feels sentimental, and she falls
desperately in love with him. He is her first
love, but has to tell her he is in love with
another, and this is what they say :—
** Do you love her very much ? ”’
“*Tlove her. When one loves, one loves
‘** Have you loved her a long time ?”
** A very long time.”
“* Since when ? ”’
“* Since always.”’
“* Have you never loved any other ?
“ No—never. There is a love that admits
of no other.”
Yet the woman whom he loved did not love
him, as the following dialogue shows :—
** Does she love you? ”
ee No.”’
“* She does not love you ?’
*“ No, not at all.”
“‘ Did she ever love you ?”’
Never.”’
“* Have you any hope ?’
** None.”’
‘““ Why does she not love you?”
“‘ Because there are some people who never
do love.”
He knows he is only a toy, a slave, yet he
cannot tear himself away for—such is love.
‘““Tettere di amore” (Love letters) has a
sub-title which explains their object, . I
perché della morte,”” or ““Why love dies.’
Matilde Serao thinks that to love completely
it is necessary to love with heart, senses,
nerves, and sentiments, therefore to logically
love is to give oneself up entirely and be
consumed by an overwhelming passion. Yet
to do this is inevitably to give love its death-
blow, for, having reached ecstasy, one can get
no higher, nor stand still, therefore only by an
eternal parting can one prevent love s dissolu-
tion. Matilde Serao thinks that it 1s better to
9
.
oe
THE AUTHOR.
285
suffer cruelly through the disappearance of the
beloved than to be tortured by lies and secret
and vulgar betrayals of a dead love that vainly
tries to keep alive only for pity’s sake. It is
best for lovers to separate, to end the romance
whilst still the rapture lasts, so that at least
remembrance may survive of glorious days
gone by, undimmed by the tepidity of the
penultimate or the icy coldness of the last days.
_ Matilde Serao gives us lovers and loves that
linger on in our mind, and make us think ;
they are all so real, we get to know them so
intimately that our very heart beats with
theirs. Matilde Serao should be read if only
for this, that she has the gift of creating
visions. On the tree of Love many flowers
blossom, some sweetly perfumed, others seent-
less, some brilliantly hued, others almost
colourless, some exotic and intoxicating, others:
appealing by their serene simplicity. In our
hours of rest the flowers of remembrance
blossom, and we can see again the faces we
once loved, the radiant sunshine that long ago
did play on our well-beloved’s tresses entwining
them round our hearts, or, maybe, some
cherished name written in letters of gold on a
cloudless sky. The heritage of past raptures
is an after-glow which warms the most lonely,
the darkest places of our soul shedding a great
light—for this, in the heyday of our lives, we
should cultivate Love.
E. S. Romero-TopEsco.
——_
MEMORIES OF MY YOUTH, 1844—1865.*
—
HERE are few literary forms in reality
more difficult than autobiography. This
is not the opinion of the generality of
people, and the familiar assertion that every
man has one book in him is usually understood
to mean that the book in question would be
a record of the writer’s personal feelings and
experiences. In fact, however, that would be:
very seldom likely to be the case ; for any able
representation of a man’s self invariably
presents formidable problems, and to arrive at
any becoming solution of them demands no
ordinary skill. For this reason Dr. Putnam's
“Memories of my Youth” deserves high
praise, and should meet with a wide welcome
as a work in which the serious difficulties of
autobiography have been most happily sur-
Ce ee
* By George Haven Putnam. G. Putnam’s Sons, New
York and London. 1914.
286
mounted. Whilst the book is essentially
autobiographical, its varied interests are very
many, and will command the attention of
numerous readers besides those actually and
principally attracted by the story—a_ vivid
one—of the earlier years of the writer's life.
Ultimately it seems that the work will take
the position of a middle volume of three,
whereof the first will be Dr. Putnam's memoirs
of his father (“‘ A Memoir of George Palmer
Putnam”), and the third Dr. Putnam's
promised ‘* Memoirs ofa Publisher.” :
The present work is a record of Dr. Putnam's
life from the date of his earliest recollections
until the close of the Civil War into which the
United States were plunged by differences of
opinion about slavery. About one half of the
book is devoted to the earlier years, the
author’s sojourn in England in 1844, 1851 and
1860, and his experiences as a student at Paris,
Berlin, and Gottingen ; and about one half to
the period of his service in the Civil War from
September, 1862, to September, 1865. Those
whose memories can extend to the earlier
years of the narrative will, as they read, find
long-ago recollections awakened by Dr. Put-
nam’s allusions to such subjects as the Bloomer
Movement, the Chartists, strange opinions
regarding the possibilities of steamships and
railways, the estimation in which the citizens
of the United States were held in England
sixty years ago; and not a few similar things
that will recall impressions of years now—
alas!—far away. The appeal of these pages of
the work to the constantly diminishing few to
whom they can appeal is so strong that it may
be doubted whether they will read with equal
interest any other part of the volume. Those,
however, will be certainly more numerous who
will be attracted by the pages next following,
recording student’s experiences of a wide and
varied kind. Of the latter half of the book the
interest is mainly historical ; and the historical
matter here contained will have an indelible
interest, as that contemporary evidence of
an. eye-witness which is the virgin gold of
history. Dr. Putnam seems to think that
from the purely intellectual point of view he
was by no means altogether a gainer by his
experiences in the Civil War. ‘I had lost,”’
he writes, “‘ and was never to be in a position
to regain, the opportunity for a college training.
With a keen interest in literary and scholarly
matters, I was obliged to do my later reading
without the all-important foundation of the
routine knowledge of Latin, of literary history,
a Boneples of science, ete., which any
youngster who has made a fair use of college
THE AUTHOR.
(JULY, 1914.
facilities has ensured.’’ Nor does he consider
these the only losses which his part in the war
entailed. It would have been interesting to
hear his opinion of the actual results of the
settlement after the war, those problems which
the emancipation of a prolific population of a
lower grade of humanity has brought upon the
United States. Of this, however, Dr. Putnam
says nothing. The book contains also, quite
naturally, but few and almost incidental
allusions to the history of the well-known
publishing house with which his name is
associated. For information on that head we
must await the ‘‘ Memoirs of a Publisher,”
which Dr. Putnam promises ; which we most
earnestly hope that he may find himself able
to produce. The appearance of the work will
be awaited with eager expectation.
——___+_>_—____—_-
J. M. SYNGE.*
——~<> +
MAURICE BOURGEOIS has
NY / pro-
A . duced a book upon John Milling-
ton Synge which will, we fancy,
remain for years to come an authoritative work
upon the Irish dramatist’s life and art. There
might, perhaps, with advantage—or, at least,
with added pleasure to the reader—have been
a little more about the personality of the man ;
at the end of the book we feel that we have not
penetrated far into that. There are, however,
personalities which it is very hard to bring out
upon paper, and it may be that Synge’s was
one of these. Anyhow, great praise is due to
M. Bourgeois for this “‘ essay ” (as he modestly
calls it), and not the least for the excellent
English in which it is written. Instinctively
the reader looks for the translator’s name upon
the title-page, so hard is it to realise that it is
not an Englishman who handles the language
so well.
The plan of the book has been to take Synge
in his early life—though he was not yet thirty-
cight when he died—and trace the formative
influences under which he passed, first in
Ireland and then on the Continent of Europe,
particularly in Paris ; next, to see how he came
to write the works which made him famous ;
and, finally, to deal with the works themselves
in detail and to estimate their lasting value.
We do not know that we can do fuller
* “John Millington Synge and the Irish Theatre,” by
Maurice Bourgeois (Constable & Co.).
JULY, 1914.] THE AUTHOR.
justice to the book than by quoting some of
the passages in which the author tries to show
how the subject of his biography developed and
into what he developed. We might quote
much, but will restrict ourselves to four
excerpts.
Synge, says M. Bourgeois, ‘“‘ began by seeking
self-expression in music and painting; but he
found the fine arts too difficult or too vague.
Next he turned to journalistic criticism ; again,
he wandered over Ireland and wrote descriptive
essays ; but these remained external attitudes.
Synge, despite his intuitive methods, saw life
through the often distorting prison of literature,
or pictured his countrymen’s ways and doings
necessarily from without. At last he placed
himself at the core of existence by writing of
himself in a few of his poems; and this inner
mental development, always nearing life as it
advanced, found its natural terminus in the
drama.”
Again, “his dramatic instinct he owed
partly to the racial talent of the Irish, partly
to his continental training, and partly to the
environment which he found in Dublin. Yet,
despite Mr. Yeats’s asseveration that * Mr.
Synge is a young writer and a creation of our
movement,’ he was not a product of the Abbey
Theatre. It did not create him as it created
others; nor did he create it. Personally he
loathed the idea of ‘movements’ and of
‘schools’; and in this, as in other cases, his
individual independence may be safely vindi-
cated.”
It is a mistake to look upon Synge as a
reformer. He revolted against dramatic
didacticism. ‘‘ He compares the drama with
the symphony—an analogy significant in a
musician like him. Synge is not a man with
a message who believes that the theatre 1s a
‘criticism of life. He avowedly repudiates
the ethical or sociological problem-play in-
augurated by ‘ Ibsen and the Germans,’ who,
it may be recalled, had found a few disciples
among the early Abbey Theatre dramatists.
He also, we think, implicitly alludes to the
danger which threatens a self-styled national
theatre: that of confusing the literary with
the political standard, nationalist logic-chop-
ping and propaganda with elgees Se
Synge has no wish to change or re orm al
thing ; his contention 1s that the oe ev =
in a land of controversy like Irelan , mus
remain in its purely artistic sphere. oe
Finally, M. Bourgeois has no or t * ti
Synge’s place in the front rank. re oo.
confidently urged,” he says, tha y ae
name is one of the chosen few that are bounc
287
to survive. Of course his body of work is a
ere ou Sc Synge, after all, may be
grudg palm given to the unique, meteoric
geniuses that do mankind honour. . . . Yet no
one will seriously contest that his writings
bear the hall-mark of a signal literary ability
and of an almost unprecedented temperament.
. . . Whether he is to have actual literary
disciples in English-speaking countries and
elsewhere, the future will decide. As his case
stands, however, with his strong, all-pervading
personal note, he is not likely to find many
imitators. . . . Synge’s mental and artistic
idiosynerasy was almost exclusively his own
while he lived ; now he is dead it will not, in
all probability, become anyone else’s.”’
It should be added that the book has a very
full bibliography and other appendices of
value to the student ; and that it has a number
of illustrations. In a few cases the reproduc-
tion of the photographs is not very good, but
the portraits are mostly excellent.
————_or-e<e—__-
CORRESPONDENCE.
———1+ ——
COLONIAL SALES.
Srr,—As I have just returned from a some-
what prolonged visit to Australia and South
Africa, I found the article headed “ Australian
Book Rights,’ in the June number of The
Author, particularly interesting. While in the
Commonwealth I made a special point of going
through all the principal book shops in such
cities as Melbourne, Sydney, Adelaide, and
Perth. In each one of them I gathered
precisely the same impression : books issued
by English publishing houses were | being
steadily ousted by books published in the
United States.
Now, while it is true, of course, that Austra-
lians are a highly democratic people, and much
hods and progress,
interested in American metl
it is, in my opinion, also true that consideration
of the matter contained in American
English books has but very slightly S05 L
Australia’s exceedingly marked preference fox
the former. It may seem far-fetched, but it
is, I believe, a fact that American pee are
selling mainly upon their covers 11 — .
to-day ; and, by that token, Bnei a
are going unsold, chiefly by reason 0 ” . in
Australian eyes, must be admitted to be their
unattractive get-up-
288
It was pointed out to me by a dozen well-
established booksellers in Australia that
American books were a notable asset in
“ window-dressing’”’; and that the reverse
was true of most books issued by English
publishers. In considering this it would, of
course, be highly absurd for an author to apply
the standards of his own individual taste. He
may very properly prefer a quiet, neat cover
for his book, paper with a dull surface, and no
illustrations or decorations. Quite so, Well,
Australian book buyers, and—mark this point
_—Australian booksellers, prefer gaily coloured
picture covers, highly glazed paper, plentiful
decoration and illustrations, and, it may be,
gilt tops. The American publisher provides
all this, whilst the English publisher in very
many cases prefers to supply in his “ Colonial
edition ’—Australians detest that phrase—a
format somewhat more drab and unexciting
than he uses for his English editions.
In these circumstances I have not the
smallest doubt that if a given novel, say, were
issued in Australia in two forms simultaneously,
one the typical English production, the other
the typical American production, one hundred
copies of the latter would be sold for every
single copy sold of the former. The one
would be prominently displayed; the other,
if stocked at all, hidden away on a top shelf.
All this is not very pleasant for those of us who
endeavour to live by means of our work as
English writers. It is, I believe, strictly true.
Here is another point which should have
some interest for English novelists. While in
Australia, I happened upon a sixpenny edition
(published in London) of a book of Mr. Arnold
Bennett’s which I had never read. I bought it
and enjoyed it immensely. It is a delightful
piece of satire, having special interest for
novelists. Since my return I have asked for
that book in fully twenty large book shops, in
London, Brighton, Eastbourne, ete., always
without success. The other day I asked for it
in a large Holborn shop, and having received
the accustomed reply, I ventured upon an
expression of surprise. The assistant politely
told me he thought I was mistaken. He could
not remember any work of fiction by Mr.
Arnold Bennett having that title. I asked
him to look it up in a catalogue. He did so,
and found the title. Then he explained his
ignorance of the book in this way: ‘‘ Ah, yes
here itis. But I see it is published by Messrs.
The terms they give booksellers are so
very poor that we only obtain their books
Noon ao ordered. i shall be glad to get
you and post it on.”” And he did. But
THE AUTHOR.
|
/author who lunches with his publisher is a
(JULY, 1914,
if that is the position in the case of a novelist
with a big vogue, what of the selling chances
for lesser known men ?
I am, Sir, yours faithfully,
A. J. Dawson.
a a a ae
AutHuors AND AGREEMENTS.
Srr,—Mr. Shaw has, I believe, said that any
nincompoop, and the general trend of your
advices in The Author is to the effect that, if
authors will simply be businesslike, all will
be simple for them; if they will not be, they
deserve a miserable fate. But life is not so
simple and clear-cut, especially for a young
author. His first play or his great novel may
be appreciated by a producer or a publisher
with whom he has been previously brought
into friendly contact through artistic sympathy,
for there are producers and publishers with
artistic sympathy. Directly this friend says
he will risk the work, is the author to retire
into his shell, to pore over his agreements
with a lynx-eye, to keep the friendly and the
practical parts of his nature severely separate ?
No doubt he ought to. But, in the first place,
the artistic nature, of all natures, is least able
to do this, and, secondly, art is the sphere in
which it is least easy as yet for anybody at all
to do this. Business men can carry through
keen transactions and not offend each other,
because to them the atmosphere is natural,
and because they have behind them all the
tradition summed up in “‘ Business is business.”
The keenest of caution is not taken by the other
party as a reflection on his honesty. But the
artist, just because he hates the job, imparts
an air of distrust to his suggestions, and, in
his turn, the editor, publisher, or producer,
likes the personal relationship. To show how
partially literary business houses have absorbed
the business tradition, I once went over from
the publisher of a play of mine to a most
highly respected establishment which I had
asked to become agents for the amateur rights.
In their previous letter accepting this agency
they had penned some wording which did not
look to me sound, and, on the advice of a pub-
lisher, I asked for an alteration of the wording
and for a stamped agreement. I got both,
but I learnt afterwards that the representative
of the firm thought I had been accusing him
of the intention to steal. He thought the
whole matter was so trivial that he did not
think it worth business crispness, and the
personal element had entered, since a mutual
friend had recommended me to ask this firm
JULY, 1914.]
to be my agent. I am no business man. It
would be a nice point in psychology to deter-
mine what I did actually think when this
gentleman was unwilling to bother about
an agreement over my trifling play. But in
real business, men have conveniently invented
the convention by which neither party is
supposed to be thinking of the likelihood of
the other cheating, the convention of merely
being “ businesslike.’’ In fact, my agent had
no right at all to wonder what I ‘‘ was at ”’ in
demanding an agreement.
Another case which happened to me was
in regard to the editor of a newspaper. I
wrote saying that as I contributed articles
fairly often I should like an agreement
according to which I should be paid the regular
sum for each article. He wrote back intro-
ducing the personal element, and leaving me
with nothing to do but to apologise for having
east reflections on his honour. And what
was the result? Not six months later an
article commissioned by him and written by
me appeared in a part of his paper not usually
devoted to articles and I was paid _ half
price. I protested, and he told me, quite
friendly, that he understood that the higher
price was for articles printed on the regular
page. Perhaps, even with my agreement,
this contention would have held good ; never-
theless it was to avoid this sort of occurrence
that I had asked for the agreement. To
conclude the story, he said that next month
he would make good the sum—at least his
vague wording seemed to imply this—and
would also pay for a second article for which
he had as yet paid nothing at all, and he made
out that I should thus be getting “ twice as
much as I ought to get.” And in the result
he paid full price for the second article and
did not pay the extra for the first, and no
doubt he still thinks that he overpaid me,
whereas I think I am owed money by him.
If I had written again he would probably
have been so irritated as to take less articles
than before, and yet the whole thing might
have been avoided by strict business on his
part. Editors drive one mad by insisting on
one’s interpreting what business wishes they
have ; they themselves tear their hair at us
unpractical authors; yet they introduce
muddle themselves by insisting on retaining
a patronising, personal position. At least this
particular editor does. : : e
Writing as a business 1s only just cing
born; its etiquette is not yet formed; an
so procedure is difficult. I have no intention
whatever of casting the slightest imputation
THE AUTHOR.
289
on the credit of my editor; yet, generally
speaking, one’s caution is born of a fear of
rogues, and when one applies it to a particular
case, the particular case thinks he is being
feared as arogue. Of course one can sometimes
explain that his business may pass into other
hands, but this is not universally so, and so
long as business keenness is thought unnatural
between literary friends, I for one shall never be
comfortable in applying it to some men who are
among my closest and most intimate friends.
Lronarp INKSTER.
THE Price oF PAPER.
L
Dear Srr,—I have consulted an expert in
paper re C. F. Moxon’s query. The answer is:
It is difficult to pronounce absolutely without
seeing the paper. Thinner paper is often
better because more calendered. Thicker may
be loaded, but some of the thick used is of good
quality. Thin paper is often the dearest.
One knows the quality of paper by handling it,
and good paper makes a clear tear, not jagged.
M. Montgomery CAMPBELL.
i
Dear S1r,—In reply to Mr. C. F. Moxon’s
letter re the above subject in your last issue,
this is a somewhat disturbing factor in the
present, production of books. Paper nowadays
has not the strength or enduring quality that
it formerly possessed, for there are now so
many substitutes for linen or cotton, which
were practically the only materials then
used, and which were naturally more
expensive to manufacture. The craving for
cheap literature has necessitated the employ-
ment of cheaper substitutes—grass, wood and
‘what not which are usually of a so-called
*‘ antique”? character as regards finish. The
public will sometimes appraise & volume by its
bulk rather than by its literary contents, and
unfortunately a few publishers have been
guided by this demand for quantity rather ae
quality by issuing books printed on this thick,
soft, and spongy paper which is objectionable
in more than one respect. a
For proofs printers usually employ a thinnis
paper of a closer texture so that postage may
be saved but sufficiently hard to carry
pen and ink in correcting the proof. The
actual difference in cost between such paper
and the thicker and softer paper complained
290
of is probably little, if any, but it depends
on the precise weight and not substance.
Your correspondent may, however, take it
that the market value per pound may be about
the same, but by varying the material and
especially by regulating the finish it is possible
that one kind may be made to bulk at least
50 per cent. more, although the two papers In
the ream may be of equal weight.
Perhaps later on I may be allowed to deal
with this subject more fully.
I am, yours faithfully,
~ Cuas. T. JAcoBi.
PUBLISHERS’ REFUSALS.
Srr,—We hear from successful writers that
publishers and editors are anxious to receive
good work, that introductions are unnecessary,
and that there is a market for the writer who
has some show of power.
I should like to ask the opinion of your
readers upon this, stating my own case in
order to contradict this idea.
My first book found a publisher after a
weary round, it was a failure in ‘six shilling
form,” but as a shilling book sold fairly well.
It had received more than ordinarily good and
lengthy reviews. The net gain to me has been
nil. This for various causes.
The second book, still unpublished, is “ full
of power,” according to the publishers, ** but
not suitable for the reading fare of young girls,”
therefore, since apparently young girls are
the sole public, the book has failed to find a
home.
The third book, also refused many times, is
still more puzzling. A well-known publisher
states: ‘‘It has merit, but I doubt its selling pro-
perties.” A still better known firm returns it,
together with its reader’s opinion, in which
the reader states: “‘A clever sort of tale,
characters rather unusual, considerable merit
and cleverness, yet I cannot recommend it as
a promising financial venture.” With sensa-
tional fiction it is the same. One story has
been returned to me as ‘‘ Too dramatic, will
I write something milder?’ a second is de-
seribed as, “ Plot very interesting, the story
very well handled, but not quite the type of
story required, will I write something else ? ”’
a third is, “* Good of its sort but too fantastic,”
Se ie ere
ne my work with any
greater success, although each agent states
that the work is good.
THE AUTHOR.
(JULY, 1914.
Of course, publisher’s, editor’s and agent's
may be soothing rejections, but, as a rule,
they are not so careful of the lacerated feeling
of authors, and I am coming to the conclusion
that chance has more to do with mild success
than even merit.
Yours truly,
“A Very UnsuccessFUL WRITER.”
—+——
Humours oF Lirerary JUDGMENT.
Dear Str,—In a spirit of exploration, and
perhaps a hope of nobbling the prize, I recently
entered a competition in connection with a
magazine which was offering £50 for the best
short story. Along with your MS. you had
to send up 2s. 6d. for which, in case you were
unsuccessful, you received expert literary
advice on your failure. I did not win anything,
and along with my returned MS. I gota letter
which was well worth the half-crown, though
perhaps not in the sense in which the sapient
critic meant it should be. The fun of it lies
in the fact that the literary adviser says my
‘‘ English is a little shaky . . . there is room
for improvement in style,” and proceeds to
teach me by writing his letter in English of this
sort, the following being faithful quotations,
‘The heroine is presented, as perhaps you
intend she to be, as rather vain,” ete. ~ Select
some more elaborate plot that will give you
better opportunities for elaboration.” (The
italics are not in the original.)
There, in one short letter, the literary adviser
commits one glaring instance of awful grammar
and repeats one word,—and a elumsy and
inadequate word at that—in two lines.
And all the while setting up as one who is
qualified to instruct the young author how to
write English !
Truly yours,
SMILER.
— ++ —
Tuatr Baker’s DozEN AGAIN.
Str,—If English publishers will retain that
absurd “13 to count as 12,” so far as sales are
concerned, ought they not in common justice
to adopt a lke enumeration so far as the
author’s “rights to purchase copies at trade
price ’’ are concerned ?
It is trivial ; but the trivialities seem always
to rebound to the benefit of one side.
Yours faithfully, :
ARNOLD HAULTAIN.
SI6T
‘y16r “yYovyW “AOHLAV AHL
-I6L “IINadV @O AVG 87 HHL INIONANWOO
‘LOV LHDIMAdOO GNVIVAZ MAN WH
—
2 IS OUI 99
10.
ll.
12.
13.
14,
15.
16.
17.
18.
19.
20.
21.
22.
23.
" Provisions as to Government p
NEW
ZHALAND.
COPY RIGHE,
ANALYSIS.
Title.
Short title and commencement.
Interpretation.
PART L
CopyRigHt.
Rights.
Copyright.
. No copyright except as provided by this Act.
Infringement of copyright.
Term of copyright.
. Compulsory licenses.
Ownership of copyright, &c.
Civil Remedies.
Civil remedies for infringement of copyright.
Rights of owner against persons possessing
or dealing with infringing copies, &c.
Exemption of innocent infringer from liability
to pay damages, &c.
Restriction on remedies in the case of archi-
tecture.
Limitation of actions.
Summary Remedies.
Summary offences.
Permitting unauthorized performances.
Search-warrant. .
Owner of performing-right may forbid per-
formance in infringement of right.
Application of fines. :
Limitation of summary proceedings.
Certain provisions not to apply to works of
architecture.
Importation of Copies.
Importation of infringing copies. Repeal.
Special Provisions a8 to certain Works.
Works of joint authors.
Posthumous works.
ublications.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
Si
38.
39.
40.
41.
42.
43.
44,
45.
46.
47.
48.
49.
50.
51.
52.
53.
54, Repeals.
Provisions as to mechanical instruments.
Provision as to political speeches.
Provisions as to photographs.
Reciprocal protection of copyright.
Provisions as to Orders in Council.
Provisions as to designs registrable under the
Patents, Designs, and Trade-marks Act.
Works of foreign authors first published in
New Zealand.
Existing works.
PART II.
INTERNATIONAL COPYRIGHT.
Power to extend Act to foreign works.
PART III.
CoryRiaut OFFICE.
Registrar of Copyright. Copyright Office.
Deputy Registrar.
Seal.
Fees.
Registration optional.
Copyright Registers.
Mode of registration.
Registration of assignments, &c.
How registration is to be effected.
Registration of work published in a series.
Trusts not registered.
Register to be evidence.
Certified copies.
Public inspection of registers.
Correction of register.
Rectification of register by the Court.
Copies to be delivered on registration.
False representation to Registrar.
Copies to be delivered to General Assembly
Library.
Power to make regulations.
Schedules.
No. 4 oF 1913.
AN ACT RELATING TO COPYRIGHT.
[22nd November, 1913.]
Be 1 ENACTED by the General Assembly of New Zealand in Parliament
assembled, and by the authority of the same, as follows :—
Short title 1. This Act may be cited as the Copyright Act, 1918, and shall commence
and com: ,, on the first day of April, nineteen hundred and fourteen.
Interpreta- 2.—(1.) In this Act, unless the context otherwise requires,—
tion. “ Literary work ” includes maps, charts, plans, tables, and compilations :
“Dramatic work” includes any piece for recitation, choreographic
work or entertainment in dumb show, the scenic arrangement or
acting-form of which is fixed in writing or otherwise, and any cine-
matograph production where the arrangement or acting-form or
the combination of incidents represented gives the work an original
character :
“ Artistic work ” includes works of painting, drawing, sculpture, and
artistic craftsmanship, and architectural works of art, and engravings,
and photographs :
‘Work of sculpture ” includes casts and models :
“ Architectural work of art ’? means any building or structure having an
artistic character or design, in respect of such character or design,
or any model for such building or structure; provided that the
protection afforded by this Act shall be confined to the artistic
character and design, and shall not extend to processes or methods
of construction :
‘“‘Engravings ”’ include etchings, lithographs, woodcuts, prints, and
other similar works not being photographs :
‘Photograph ” includes photo-lithograph and any work produced by
any process analogous to photography :
‘* Cinematograph ” includes any work produced by any process analogous
to cinematography :
“ Collective work ’”? means—
(a) An encyclopedia, dictionary, year-book, or similar work ;
(b) A newspaper, review, magazine, or similar periodical ; and
(c) Any work written in distinet parts by different authors,
or in which works or parts of works of different authors are
incorporated :
‘‘ Infringing,’’ when applied to a copy of a work in which copyright
subsists, means any copy, including any colourable imitation, made
or imported in contravention of the provisions of this Act :
“* Performance ’’ means any acoustic representation of a work, and any
visual representation of any dramatic action in a work, including
such a representation made by means of any mechanical instrument :
I
ve
fe)
““ Delivery,” in relation to a lecture, includes delivery by means of any
mechanical instrument :
** Plate” includes any stereotype or other plate, stone, block, mould,
matrix, transfer, or negative used or intended to be used for printing
or reproducing copies of any work, and any matrix or other appliance
by which records, perforated rolls, or other contrivances for the
acoustic representation of the work are or are intended to be made:
** Lecture ’’ includes address, speech, and sermon :
“* Court of summary jurisdiction ’> means a Magistrate or two or more
Justices exercising jurisdiction under the Justices of the Peace
Act, 1908.
(2.) Except for the purposes of infringement of copyright, a work shall not be
deemed to be published or performed in public, and a lecture shall not be deemed
to be delivered in public, if published, performed in public, or delivered in public
without the consent or acquiescence of the author, his executors, administrators,
or assigns.
(3.) For the purposes of this Act a work shall be deemed to be first published
in New Zealand notwithstanding that it has been published simultaneously in
some other place, unless the publication in New Zealand is colourable only and
is not intended to satisfy the reasonable requirements of the public ; and a work
shall be deemed to be published simultaneously in two places if the time between
the publication in one such place and the publication in the other place does not
exceed fourteen days, or such longer period as may for the time being be fixed by the
Governor in Council.
(4.) Where, in the case of an unpublished work, the making of a work has
extended over a considerable period the conditions of this Act conferring copyright
shall be deemed to have been complied with if the author was during any substantial
part of that period a British subject or resident in New Zone.
(5.) For the purposes of the provisions of this Act as to residence, an author
of a work shall be deemed to be a resident in New Zealand if he is domiciled
therein.
PART I.—CopyricuHt.
Rights.
f this Act, copyright shall subsist in New
3.—(1.) Subject to the provisions © ee
Zealand for the term hereinafter mentioned in every original literary,
musical, and artistic work if—
(a) In the case of a publishe
eee lished k, the autho
b) In the case of an unpublished work, th oe’ ee de oat
. making of the work a British subject or resident in New ok o
but in no other works, except so far as the protection conferred by this Act 1s
extended by the Governor in Council pursuant to this Act. . sa
(2.) For the purposes of this Act “‘ copyright *’ means the sole right to produ
Pp y cl pe
or re roduce the Ww rk or an substantial art
Ww
d work, the work was first published in New
r was at the date of the
the case of a lecture
Copyright.
and if the work is unpublished, to publish the work or any
and shall include the sole right—
e, perform, or publish any translation of the work ;
atie work, to convert it into a novel or other non-
part thereof in public ;
substantial part thereof ;
(a) To produce, reproduc
(b) In the case of a dram
dramatic work ;
(c) In the case of a nove
to convert it into a dramatic work by way of performance In public
1 or other non-dramatic work, or of an artistic work,
or otherwise ;
(d) In the case of a literary, dramatic, or musical work, to make any record,
perforated roll, cinematograph film, or other contrivance by means
of which the work may be mechanically performed or delivered ;
and to authorize any such acts as aforesaid.
(3.) For the purposes of this Act “ publication ” in relation to any work means
the issue of copies of the work to the public, and does not include the performance
in public of a dramatic or musical work, the delivery in public of a lecture, the
exhibition in public of an artistic work, or the construction of an architectural
work of art, but for the purposes of this provision the issue of photographs and
engravings of works of sculpture and architectural works of art shall not be deemed
to be publication of such works.
No copyright 4. No person shall be entitled to copyright or any similar right in any literary,
eed “ dramatic, musical, or artistic work, whether published or unpublished, otherwise
this Act. than under and in accordance with the provisions of this Act or of any other
statutory enactment for the time being in force ; but nothing in this section
shall be construed as abrogating any right or jurisdiction to restrain a breach of
trust or confidence.
Infringement 5,—(1.) Copyright in a work shall be deemed to be infringed by any person
ae aoe who, without the consent of the owner of the copyright, does anything the sole
right to do which is by this Act conferred on the owner of the copyright :
Provided that the following acts shall not constitute an infringement of
copyright :—
(a) Any fair dealing with any work for the purposes of private study, research,
criticism, review, or newspaper summary :
(b) Where the author of an artistic work is not the owner of the copyright
therein, the use by the author of any mould, cast, sketch, plan, model,
or study made by him for the purpose of the work, provided that he
does not thereby repeat or imitate the main design of that work :
(c) The making or publishing of paintings, drawings, engravings, or photo-
graphs of a work of sculpture or artistic craftsmanship, if permanently
situate in a public place or building, or the making or publishing of
paintings, drawings, engravings, or photographs (which are not in the
nature of architectural drawings or plans) of any architectural work of
art :
(d) The publication in a collection, mainly composed of non-copyright
matter, bond fide intended for the use of schools, and so described in
the title and in any advertisements issued by the publisher, of short
passages from published literary works not themselves published for
the use of schools in which copyright subsists :
(¥)
Provided that not more than two of such passages from works by the
same author are published by the same publisher within five years,
and that the source from which such passages are taken is acknowledged :
(e) The publication in a newspaper of a report of a lecture delivered in
public, unless the report is prohibited by conspicuous written or printed
notice affixed before and maintained during the lecture at or about
the main entrance of the building in which the lecture is given, and,
except whilst the building is being used for public worship, in a position
near the lecturer; but nothing in this paragraph shall affect the pro-
visions in paragraph (a) as to newspaper summaries :
(f) The reading or recitation in public by one person of any reasonable extract
from any published work.
(2.) Copyright in a work shall also be deemed to be infringed by any person
who—
(a) Sells or lets for hire, or by way of trade exposes or offers for sale or
hire; or
(b) Distributes either for the purposes of trade or to such an extent as to
affect prejudicially the owner of the copyright ; or
(c) By way of trade exhibits in public ; or
(d) Imports for sale or hire into New Zealand,
any work which to his knowledge infringes copyright or would infringe copyright
if it had been made in New Zealand.
(3.) Copyright in a work shall also be deemed to be infringed by any person
who for his private profits permits a theatre or other place of entertainment to
be used for the performance in public of the work without the consent of the owner
of the copyright, unless he was not aware, and had no reasonable ground for
suspecting, that the performance would be an infringement of copyright.
6. The term for which copyright shall subsist shall, except as otherwise
expressly provided by this Act, be the life of the author and a period of fifty
years after his death: . a
Provided that at any time after the expiration of twenty-five years, or in
the case of a work in which copyright subsists at the commencement of this >
thirty years, from the death of the author of a published work, od idee
emed to be infringed by the reproduction of the work for sale i
ing the work proves that he has given the prescribed notice
oduce the work, and that he has paid in the pre-
refit of the owner of the copyright, royalties in
calculated at the rate of ten per centum
and for the purposes of this proviso
work shall not be de
the person reproduc
in writing of his intention to repr
scribed manner, to or for the ber i
respect of all copies of the work sold by him,
i rhie 2 ishes the work ; ey
on the price at w hich he publish . ee a
the Governor ma b Order in Council gazetted, make regulations p g
. y, DY
the mode in which notices are to be given, and the particulars to : given : os
i i é quency of the payment of royalties, including
notices, and the mode, time, and frequency ~~
(if he thinks fit) regulations requiring payment in advance or otherwise securing
the payment of royalties. | :
” Tf at any time after the death of the author of a literary, eoree! or
. 4 vy : : .
musical work Guick has been published or performed in public a gt aint i
rit ie the Judicial Committee of the Privy Council that the owner of the copy
Term of
copyright.
Compulsory
licenses.
Ownership of
copyright,
&e.
publish or to allow the republication of the work,
ance in public of the work, and that by reason
of such refusal the work is withheld from the public, the owner of the copyright
may be ordered to grant a license to reproduce the work or perform the work in
public, as the case may be, on such terms and subject to such conditions as the
said Court may think fit.
right in the work has refused to re
or has refused to allow the perform
8.—(1.) Subject to the provisions of this Act the author of a work shall be
the first owner of the copyright therein :
Provided that—
(a) Where, in the case of an engraving, photograph, or portrait, the plate
or other original was ordered by some other person, and was made
for valuable consideration in pursuance of that order, then, in the
absence of any agreement to the contrary, the person by whom such
plate or other original was ordered shall be the first owner of the
copyright ; and
(b) Where the author was in the employment of some other person under
a contract of service or apprenticeship, and the work was made in
the course of his employment by that person, the person by whom the
author was employed shall, in the absence of any agreement to the
contrary, be the first owner of the copyright ; but where the work is
an article or other contribution to a newspaper, magazine, or similar
periodical, there shall, in the absence of any agreement to the contrary,
be deemed to be reserved to the author a right to restrain the publication
of the work, otherwise than as part of a newspaper, magazine, or
similar periodical.
(2.) The owner of the copyright in any work may assign the right, either
wholly or partially, and cither for the whole term of the copyright or for any part
thereof, and may grant any interest in the right by license ; but no such assignment
or grant shall be valid unless it is in writing signed by the owner of the right in
respect of which the assignment or grant is made, or by his duly authorized
agent :
Provided that where the author of a work is the first owner of the copyright
therein no assignment of the copyright, and no grant of any interest therein
made by him (otherwise than by will) after the commencement of this Act, shall
be operative to vest in the assignee or grantee any rights with respect to the copy-
‘right in the work beyond the expiration of twenty-five years from the death
of the author, and the reversionary interest in the copyright expectant on the
termination of that period shall, on the death of the author, notwithstanding
any agreement to the contrary, devolve on his legal personal representatives
as part of his estate, and any agreement entered into by him as to the disposition
of such reversionary interest shall be null and void; but nothing in this proviso
shall be construed as applying to the assignment of the copyright in a collective
work, or a license to publish a work or part of a work as part of a collective work.
(3.) Where, under any partial assignment of copyright, the assignee becomes
entitled to any right comprised in copyright, the assignee as respects the right so
assigned, and the assignor as respects the rights not assigned, shall be treated
[ e)
for the purposes of this A
ses s Act as the owner of the copyri e provisi
of this Act shall have effect accordingly. a
Civil Remedies.
ae loaded been infringed the owner of the
remedies by Wey of fnninetion agit a nee: ee _ ee
a, ot Seect 8 S, a es and otherwise, as are or may be
J gement of a right.
(2.) The costs of all parties in any proceedings in respect of the infringement
of copyright shall be in the absolute discretion of the Court. |
(3.) In any action for infringement of copyright in any work the work shall
be presumed to be a work in which copyright subsists, and the plaintiff shall be
presumed to be the owner of the copyright unless the defendant puts in issue the
existence of the copyright or, as the case may be, the title of the plaintiff; and
where any such question is in issue, then—
(a) If a name purporting to be that of the author of the work is printed
or otherwise indicated thereon in the usual manner, the person whose
name is so printed or indicated shall, unless the contrary is proved, be
presumed to be the author of the work :
(b) If no name is so printed or indicated, or if the name so printed or indicated
is not the author’s true name or the name by which he is commonly
known, and a name purporting to be that of the publisher or proprietor
of the work is printed or otherwise indicated thereon in the usual
manner, the person whose name is so printed or indicated shall, unless
the contrary is proved, be presumed to be the owner of the copyright
in the work for the purposes of proceedings in respect of the infringe-
ment of copyright therein.
10. All infringing copies of any work in which copyright subsists, or of any
substantial part thereof, and all plates used or intended to be used for the pro-
duction of such infringing copies, shall be deemed to be the property of the owner
of the copyright, who accordingly may take proceedings for the recovery of the
possession thereof or in respect of the conversion thereof.
11. Where proceedings are taken in respect of the infringement of the
copyright in any work, and the defendant in his defence alleges that he was not
aware of the existence of the copyright in the work, the plaintiff shall not be ent itled
to any remedy other than an injunction in respect of the infringement if the
defendant proves that at the date of the infringement he was not aware and
had no reasonable ground for suspecting that copyright subsisted in the work.
building or other structure which
ich if completed would infringe, the copyright in some other —_
d, the owner of the copyright shall not be entitled to obtain
construction of such building or structure oF to order
Where the construction of a
12.—(1.)
infringes, or wh
has been commence
an injunction to restrain the
its demolition.
(2.) Such of the other provisions of this
ll be deemed to be the property of the owner of the
Act as provide that an infringing
copyright,
copy of a work sha
Civil remedies
for infringe-
ment of copy-
right.
Rights of
owner against
persons
possessing or
dealing with
infringing
copies, &c.
Exemption
of innocent
infringer
from liability
to pay
damages, &¢.
Restriction
remedies in
the case of
architecture.
ew.
or as impose summary penalties, shall not apply in any case to which this section
applies.
Limitation of 13. An action in respect of infringement of copyright shall not be commenced
oor after the expiration of three years next after the infringement.
Summary Remedies.
Summary 14.—(1.) Every person who knowingly—
offences. (a) Makes for sale or hire any infringing copy of a work in which copyright
subsists ; or
(b) Sells or lets for hire, or by way of trade exposes or offers for sale or hire,
any infringing copy of any such work ; or
(c) Distributes infringing copies of any such work either for the purposes
of trade or to such an extent as to affect prejudicially the owner of
the copyright ; or
(d) By way of trade exhibits in public any infringing copy of any such
work ; or
(e) Imports for sale or hire into New Zealand any infringing copy of any
such work,
is liable on summary conviction to a fine not exceeding two pounds for every copy
dealt with in contravention of this section, but not exceeding fifty pounds in respect
of the same transaction, or, in the case of a second or subsequent offence, either
to such fine or to two months’ imprisonment.
(2.) Every person who knowingly makes or has in his possession any plate
for the purpose of making infringing copies of any work in which copyright
subsists, or who knowingly and for his private profit causes any such work to be
performed in public without the consent of the owner of the copyright, is liable
on summary conviction to a fine of fifty pounds, or, in the case of a second or
subsequent offence, either to such fine or to two months’ imprisonment.
(8.) The Court before which any such proceedings are taken may, whether the
alleged offender is convicted or not, order that all copies of the work, or all plates in
possession of the alleged offender which appear to it to be infringing copies or plates
for the purpose of making infringing copies, be destroyed, or delivered up to the
owner of the copyright, or otherwise dealt with as the Court may think fit.
Pormitt’ng 15. Every person who for his private profit permits any theatre or other
ee. place of entertainment to be used for the performance in public of any musical
or dramatic work without the consent of the registered owner of the sole right
to perform or authorize the performance of the work in New Zealand, or any part
of New Zealand where the theatre or place is situated, is liable on summary
conviction to a fine of ten pounds, unless he was not aware and had no reasonable
ground for suspecting that the performance would be an infringement of the right
to perform or authorize the performance of the work.
Sarohe 16.—(1.) Any Justice may, on the application of the registered owner of the
warrant. copyright in any literary, dramatic, musical, or artistic work, or of the agent
of such owner appointed in writing,—
(a) If satisfied by evidence that there is reasonable ground for believing
that infringing copies of the work are being sold or offered for sale,
(i
issue a warrant in accordance with the form prescribed authorizing
any constable to seize the infringing copies and to bring them before a
Court of summary jurisdiction :
(b) If satisfied by evidence that there is reasonable ground for believing
that infringing copies of the work are to be found in any house, shop,
or other place, issue a warrant in accordance with the form prescribed
authorizing any constable to search, between sunrise and sunset, the
place where the infringing copies are supposed to be, and to seize and
bring them or any copies reasonably suspected to be infringing copies
of the work before a Court of summary jurisdiction.
(2.) A Court of summary jurisdiction may, on proof that any copies brought
before it in pursuance of this section are infringing copies of the work, order them
to be destroyed, or to be delivered up, subject to such conditions, if any, as the
Court thinks fit, to the owner of the copyright in the work.
17.—(1.) The registered owner of the sole right to perform or authorize
the performance of a musical or dramatic work in New Zealand or any part
thereof, or the agent of such owner appointed in writing, may, by notice in writing
in the prescribed form, forbid the performance in public of the work in infringement
of his right, and require any person to refrain from performing or taking part in
the performance in public of the work in infringement of his right ; and every
as been given in accordance with this section who
rformance in public of the work in infringement
fine not exceeding
person to whom a notice h
performs or takes part in the pe
of the right of such owner is liable on summary conviction to a
ten pounds.
(2.) Every person who give
cause is liable on summary convicti
(3.) In any prosecution under the |
s notice in pursuance of this section without just
on to a fine of twenty pounds.
ast preceding sub-section the defendant
shall be deemed to have given the notice without just cause unless he proves :
the satisfaction of the Court that at the time of giving the notice he _ .
registered owner of the sole right to perform or authorize the oo 0 :
work in New Zealand or any part thereof, or the agent of such owner gee
in writing, and had reasonable ground for believing that nae Pees ae
notice was given was about to perform or take part in the performance of the
in infringement of the right of such owner.
yurt of summary jurisdiction,
work or the owner of the sole
k, in respect of any offence
18. Where proceedings are instituted in any Cc
by or on behalf of the owner of the copyright in any
i orf se of any wor
right to perform or authorize the performance gues | :
a ew of his right, any fine imposed shall be paid to him by way ©
i i in ¢ ase any fine
compensation for the injury sustained by him, but in any ee c - Le
imposed in respect of any offence against this Act shall be paid in
solidated Fund.
19.—(1.) No proceedi
in respect of any offence @ gainst this
the date of the offence.
(2.) An appeal to the Supr
(ineluding any dismissal of any 1
a Court of summary jurisdiction
; shall be instituted in
TS e expiration of six months from
Act after th
vietion or order
ion) of a Court
eme Court shall lie from any con
nformation, complaint, or applicat
Owner of
performing-
right
may forbid
performance
in infringe-
ment of right.
Application
of fines.
Limitation of
summary
proceedings.
Certain
provisions
not to apply
to works of
architecture.
Importation
of infringing
copies.
Repeal.
Works of
“At t b . .
joint authors. during the life of the author who first dies and for a term of fifty years after his
(aa
of summary jurisdiction in respect of any offence or matter under this Act, and
such appeal shall be made within the time and in the manner provided by
regulations.
90. Sections fourteen to eighteen hereof shall not apply to any case to which
section twelve hereof, relating to infringement of copyright in the case of a work
of architecture, applies.
Importation of Copies.
21,—(1.) Copies made out of New Zealand of any work in which copyright
subsists which if made in New Zealand would infringe copyright, and as to which
the owner of the copyright gives notice in writing by himself or his agent to the
Minister of Customs that he is desirous that such copies should not be imported
into New Zealand, shall not be so imported, and shall, subject to the provisions
of this section, be deemed to be prohibited imports within the meaning of the
Customs Law Act, 1908. For the purposes of this section notices given to the
Commissioners of Customs and Excise of the United Kingdom, and communicated
by them to the Minister of Customs, shall be deemed to have been given by the
owner to the Minister of Customs.
(2.) Before detaining any such copies, or taking any further proceedings
with a view to the forfeiture thereof, the Minister of Customs may require the
regulations under this section, whether as to information, conditions, or other
matters, to be complied with, and may satisfy himself in accordance with those
regulations that the copies are such as are prohibited by this section to be imported.
(3.) There shall be publicly exposed in the office of the Collector of Customs
at every portin New Zealand lists of all works in which copyright subsists and as to
which the owner of the copyright, by himself or his agent, has duly given a notice to
the Minister of Customs pursuant to sub-section (1.) hereof.
(4.) The Governor may, by Order in Council gazetted, make regulations,
either general or special, respecting the detention and forfeiture of copies the
importation of which is prohibited by this section ; and may by such regulations
determine the information, notices, and security to be given, and the evidence
requisite, for any of the purposes of this section, and the mode of verification of
such evidence.
(5.) The regulations may apply to copies of all works the importation of copies
of which is prohibited by this section, or different regulations may be made
respecting different classes of such works.
(6.) The regulations may provide for the informant reimbursing the Minister
of Customs all expenses and damages incurred in respect of any detention made on
his information, and of any proceedings consequent on such detention ; and may
provide for notices under any enactment repealed by this Act being treated as
notices given under this section.
(7.) Section ninety-two of the Customs Law Act, 1908, and the first paragraph
of the Third Schedule to the said Act (relating to the importation of prohibited
books) are hereby repealed.
Special Provisions as to certain Works.
22.—(1.) In the case of a work of joint authorship, copyright shall subsist
(
death, or during the life of the author who dies last, whichever period is the longer ;
and references in this Act to the period after the expiration of any specified
number of years from the death of the author shall be construed as references to
the period after the expiration of the like number of years from the death of the
author who dies first or after the death of the author who dies last, whichever period
may be the shorter; and in the provisions of this Act with respect to the grant
of compulsory licenses a reference to the date of the death of the author who dies
last shall be substituted for the reference to the date of the death of the author.
(2.) Where, in. the case of a work of joint authorship, some one or more of the
joint authors do not satisfy the conditions conferring copyright laid down by this
Act, the work shall be treated for the purposes of this Act as if the other author
or authors had been the sole author or authors thereof :
Provided that the term of the copyright shall be the same as it would have been
if all the authors had satisfied such conditions as aforesaid.
(3.) For the purposes of this Act ‘“‘a work of joint authorship ’’ means a
work produced by the collaboration of two or more authors, in which the con-
tribution of one author is not distinct from the contribution of the other author
or authors.
(4.) Where a married woman and her husband are joint authors of a work
the interest of such married woman therein shall be her separate property.
>
23.—(1.) In the case of a literary, dramatic, or musical work, or an engraving,
in which copyright subsists at the date of the death of the author or, in the cee of
a work of joint authorship, at or immediately before the date of the death of the
author who dies last, but which has not been published, nor, in the case of a dramatic
or musical work, been performed in public, nor, in the case of a lecture, been
delivered in public, before that date, copyright shall subsist till publication, or
performance or delivery in public, whichever may first happen, and 2h Ss
of fifty years thereafter; and the proviso to seetion six hoe shall a . and
of such a work, apply as if the author had died at the date of such publicat
performance or delivery in public as aforesaid. : a
(2.) The ownership of an author’s manuscript after his oe ee a
ownership has been acquired under a testamentary disposition made by ae :
and the manuscript is of a work which has not been ee nor ae a,
public, nor delivered in public, shall be prima facie proof of the copyrig sing
with the owner of the manuscript.
24, Without prejudice to any rights or privileges of the eR
work has, whether before or after the commencement - ae we pn aoe
or published by or under the direction or control of His Majesty of - . aa
Department, the copyright in the work shall, subject to sa ae as
author, belong to His Majesty, and in such panes shall — inue
fifty years from the date of the first publication of the work.
perforated rolls, and other
lly reproduced, in like
term of copyright
25.—(1.) Copyright shall subsist in records, pe
contrivances by means of which sounds may be ae oe
manner as if such contrivances were musical works : : os
shall be fifty years from the making of the a ele a :
trivance was directly or indirectly derived, and the perso
from which the con-
as the owner of
Posthumous
works.
Provisions as
to Govern-
ment publica-
tions.
Provisions as
to mechanical
instruments.
(ae
such original plate at the time when such plate was made shall be deemed to be
the author of the work, and, where such owner is a body corporate, the body
corporate shall be deemed for the purposes of this Act to reside in New Zealand
if it has established a place of business in New Zealand.
(2.) It shall not be deemed to be an infringement of copyright in any musical
work for any person to make in New Zealand records, perforated rolls, or other
contrivances by means of which the work may be mechanically performed, if
such person proves—
(a) That such contrivances have previously been made by, or with the consent
or acquiescence of, the owner of the copyright in the work; and
(b) That he has given the prescribed notice of his intention to make the
contrivances, and has paid in the prescribed manner to, or for the benefit
of, the owner of the copyright in the work royalties in respect of all such
contrivances sold by him, calculated at the rate hereinafter mentioned :
Provided that—
(i.) Nothing herein shall authorize any alterations in or omissions
from the work reproduced, unless contrivances reproducing the work
subject to similar alterations and omissions have been previously made
by, or with the consent or acquiescence of, the owner of the copyright,
or unless such alterations or omissions are reasonably necessary for the
adaptation of the work to the contrivances in question ; and
(ii.) For the purposes of this provision a musical work shall be
deemed to include any words so closely associated therewith as to form
part of the same work, but shall not be deemed to include a contrivance
by means of which sounds may be mechanically reproduced.
(3.) The rate at which such royalties as aforesaid are to be calculated shall—
(a) In the case of contrivances sold within two years after the commencement
of this Act by the person making the same, be two.and one-half per
centum; and
(b) In the case of contrivances sold as aforesaid after the expiration of that
period, five per centum,
on the ordinary retail selling-price of the contrivance calculated in the prescribed
manner, so, however, that the royalty payable in respect of a contrivance shall
in no ease be less than a halfpenny for each separate musical work in which
copyright subsists reproduced thereon, and, where the royalty calculated as afore-
said includes a fraction of a farthing, such fraction shall be reckoned as a farthing :
Provided that, if at any time after the expiration of seven years from the
commencement of this Act it appears to the Governor in Council that such rate as
aforesaid is no longer equitable, he may, after such public inquiry as he may direct,
make an Order either decreasing or increasing that rate to such extent as under the
circumstances may seem just ; but any Order so made shall be provisional only,
and shall not have any effect unless and until confirmed by Parliament ; but, where
an Order revising the rate has been so made and confirmed, no further revision
shall be made before the expiration of fourteen years from the date of the last
revision.
: (4.) If any such contrivance is made reproducing two or more different works
in which copyright subsists, and the owners of the copyright therein are different
( Ww)
.. the sums payable by way of royalties under this section shall
tioned amongst the several owners of the copyright in such ee be BP POT
agreement, may be determined by arbitration. - vor ce ala ersaveena
(5.) When any such contrive ; by means ae :
mechanically Sas have ieee po eR - ey : a He ean
ni owner of the copyright in the work shall, in relation - ee pees
oe eer ee
a ree ol i > ‘ — within the Peer time.
regulations prescribing niche a. a : a ce ae a a. a ae
prescribing the dein ick actioss i. - oe ae pees oa
de s are to be given, and the particulars to be
given in such notices, and the mode, time, and frequency of the payment of
royalties ; and any such regulations may include regulations requiring payment
in advance or otherwise securing the payment of royalties.
(7.) In the case of musical works published before the commencement of this
Act the foregoing provisions shall have effect, subject to the following modifications
and additions :—
(a) The conditions as to the previous making by, or with the consent or
acquiescence of, the owner of the copyright in the work, and the restric-
tions as to alterations in or omissions from the work, shall not apply.
(b) The rate of two and one-half per centum shall be substituted for the rate
of five per centum as the rate at which royalties are to be calculated ;
but no royalties shall be payable in respect of contrivances sold before
the first day of April, nineteen hundred and fifteen, if contrivances
reproducing the same work had been lawfully made or placed on sale
in New Zealand before the commencement of this Act.
(c) Notwithstanding any assignment made before the commencement of this
Act of the copyright in a musical work, any rights conferred by this Act
in respect of the making, or authorizing the making, of contrivances
by means of which the work may be mechanically performed shall
belong to the author or his legal personal representatives, and not to
the assignee, and the royalties aforesaid shall be payable to and for the
benefit of the author of the work or his legal personal representatives.
(d) The saving contained in this Act of the rights and interests arising from
or in connection with action taken before the commencement of this
Act shall not be construed as authorizing any person who has made
eans of which the work may be mechanically performed
hether made before or after the com-
and subject to the conditions
contrivances by m
to sell any such contrivances, W
mencement of this Act, except on the terms
laid down in this section.
(e) Where the work is a work on which copyright is conferred by an Order in
Council relating to a foreign country, the copyright so conferred shall
t as may be provided by the Order, include
not, except to such exten
any rights with respect to the making of records, perforated rolls, or
other contrivances by means of which the work may be mechanically
performed.
(8.) Notwithstandin
-or other contrivance by mea
here a record, perforated roll,
y be mechanically reproduced
g anything in this Act, w
ns of which sounds ma
La
has been made before the commencement of this Act, copyright shall, as from the
commencement of this Act, subsist therein in like manner and for the like term as
if this Act had been in force at the date of the making of the original plate from
which the contrivance was directly or indirectly derived :
Provided that— ‘
(a) The person who at the commencement of this Act is the owner of such
original plate shall be the first owner of such copyright ; and
(b) Nothing herein shall be construed as conferring copyright in any such
contrivance if the making thereof would have infringed copyright in
some other such contrivance if this provision had been in force at the
time of the making of the first-mentioned contrivance,
Provision as 26. Notwithstanding anything in this Act, it shall not be an infringement
pele ag of copyright in an address of a political nature delivered at a public meeting to
publish a report thereof in a newspaper.
Provisions as 27. The term for which copyright shall subsist in photographs shall be fifty
near years from the making of the original negative from which the photograph was
directly or indirectly derived ; and the person who was the owner of such negative
at the time when such negative was made shall be deemed to be the author of the
work, and, where such owner is a body corporate, the body corporate shall be
deemed for the purposes of this Act to reside in New Zealand if it has established
a place of business in New Zealand.
Reciprocal 28.—(1.) The Governor may by Order in Council direct that this Act shall
protection of extend—
copyright.
(a2) To works first published in any part of the British dominions to which the
Order relates in like manner as if such works were first published in
New Zealand; and
(b) In respect of residence in any part of the British dominions to which the
Order relates, in like manner as if such residence were residence in New
Zealand ;
and thereupon, subject to the provisions of this section and of the Order, this
Act shall apply accordingly.
(2.) Any Order made in pursuance of this section may provide—
(a) That the term of copyright shall not exceed that conferred by the law of
the part of the British dominions to which the Order relates ;
(b) That the enjoyment of the rights conferred by virtue of the Order shall
extend to New Zealand only, and shall be subject to the accomplishment
of such conditions and formalities as are prescribed by the Order ;
(c) For the modification of any provision of this Act as to ownership of copy-
right or otherwise, having regard to the law of the part of the British
dominions to which the Order relates ; and
(d) That this Act may extend to existing works in which copyright subsists
in the part of the British dominions to which the Order relates, but
subject to such modifications, restrictions, and provisions as are set
out in the Order.
(8.) An Order in pursuance of this section shall be made only if the Governor
in Council is satisfied that the part of the British dominions in relation to which the
( Ww)
Order is proposed to be made has
propos: 1 to be made has made, or has undertaken to make. s isi
if any, as he thinks sufficient for the protection of work 6 soe
if my . of works first prod ishec
in New Zealand, and entitled to copyright therein ae
29.—(1 > Governor may in ¢
( =) The Governor may by Order in Council alter, revok
‘Order in Council made by him in pursuance of ee ferr Bi pice fos be
' J ance of any power conferred
a ene n) erred upon him b
” A i: but any Order made under this section shall not affect pe adieally
y rights or interests acquired or accrued at the date when the Order comes es
i. € ~ € ri > +4 , .
operation, and shall provide for the protection of such rights and interests
g sts.
Te J Ov 7 1 7
: (2.) Every Order in Council made by the Governor in Council in pursuance
a : < i . ms ; .
of any power conferred upon him by this Act shall be published in the Gazette
and shall be laid before Parliament as soon as may be after it is made 3
x a .
30.—(1.) This Act shall not apply to designs capable of being registered
under the Patents, Designs, and Trade-marks Act, 1911, except gas wach
though capable of being so registered, are not used or intended to be used - motels
or patterns to be multiplied by any industrial process.
(2.) Regulations may be made under section one hundred and twenty-three
of the Patents, Designs, and Trade-marks Act, 1911, for determining the conditions
under which a design shall be deemed to be used for such purposes as aforesaid
31. If it appears to the Governor in Council that a foreign country does
not give or has not undertaken to give adequate protection to the works of New
Zealand authors, he may by Order in Council direct that such of the provisions of
this Act as confer copyright on works first published in New Zealand shall not
apply to works published after the date specified in the Order the authors whereof
are subjects or citizens of such foreign country and are not resident in New Zealand,
and thereupon those provisions shall not apply to such works.
32.—(1.) Where any person is immediately before the commencement of
this Act entitled to any such right in any work as is specified in the first column
of the First Schedule to this Act, or to any interest in such a right, he shall as from
that date be entitled to the substituted right set forth in the second column of
that Schedule, or to the same interest in such a substituted right, and to no other
right or interest ; and such substituted right shall subsist for the term for which
it would have subsisted if this Act had been in force at the date when the work
was made and the work had been one entitled to copyright thereunder :
Provided that—
(a) If the author of any work in which
first column of the First Schedule to this Act subsists
ment of this Act has be
interest therein for the who
put for the passing of this Act the ri
tuted right conferred b
ass to the author of the wor.
t of this Act
any such right as is specified in the
agreement, Pp
ated before the commencemen
put the person who imme
ld so have expired was the
at his option, either—
cre
shall determine ;
at which the right wou
interest shall be entitled,
at the commence-
fore that date assigned the right, or granted any
le term of the right, then at the date when
ght would have expired the substi-
y this section shall, in the absence of express
k, and any interest therein
and then subsisting
diately before the date
owner of the right or
Provisions as
to Orders in
Council.
Provisions as
to designs
registrable
under the
Patents,
Designs, and,
Trade-marks
Act.
Works of
foreign
authors first
published in
New Zealand.
Existing
works.
Power to
extend Act
to foreign
works,
(i.) On giving such notice as hereinafter mentioned, to an assign-
ment of the right or the grant of a similar interest therein for the
remainder of the term of the right for such consideration as, failing
agreement, may be determined by arbitration ; or
(ii.) Without any such assignment or grant, to continue to reproduce
or perform the work in like manner as theretofore, subject to the
payment, if demanded by the author within three years after the date
at which the right would have so expired, of such royalties to the author
as, failing agreement, may be determined by arbitration ; or, where
the work is incorporated in a collective work and the owner of the right
or interest is the proprietor of that collective work, without any such
payment.
The notice above referred to must be given not more than one
year nor less than six months before the date at which the right would
have so expired, and must be sent by registered post to the author,
or, if he cannot with reasonable diligence be found, must be advertised
in the Gazette and in the Patent Office Journal, and in one newspaper
published in each of the Cities of Wellington, Auckland, Christchurch,
and Dunedin. .
(b) Where any person has, before the first day of July, nineteen hundred
and thirteen, taken any action whereby he has incurred any expenditure
or liability in connection with the reproduction or performance of any
work in a manner which at the time was lawful, or for the purpose
of or with a view to the reproduction or performance of a work at a
time when such reproduction or performance would but for the passing
of this Act have been lawful, nothing in this section shall diminish
or prejudice any rights or interest arising from or in connection with
such action which are subsisting and valuable at the said date, unless
the person who by virtue of this section becomes entitled to restrain
such reproduction or performance agrees to pay such compensation
as, failing agreement, may be determined by arbitration.
(2.) For the purposes of this section the expression “ author” includes
the legal personal representatives of a deceased author.
(3.) Subject to the provisions of sub-sections (7.) and (8.) of section twenty-
five hereof, copyright shall not subsist in any work made before the commence-
ment of this Act otherwise than under and in accordance with the provisions of
this section.
PART II.—InTERNATIONAL COPYRIGHT.
33.—(1.) The Governor may by Order in Council direct that this Act (except
such of the provisions thereof, if any, as may be specified in the Order) shall
extend—
(a) To works first published in a foreign country to which the Order relates,
in like manner as if they were first published in New Zealand ;
(b) To literary, dramatic, musical, and artistic works, or any class thereof,
the authors whereof were at the time of the making of the work subjects
or citizens of a foreign country to which the Order relates, in like manner
as if the authors were British subjects ;
(c) In respect of residence in a foreign country to which the Order relates,
in like manner as if such residence were residence in New Zealand ;
and thereupon, subject to the provisions of this Part of this Act and of the Order,
this Act shall apply accordingly :
Provided that—
(a) Before making an Order in Council under this section in respect of any
foreign country (other than a country with which His Majesty has
entered into a convention relating to copyright), the Governor shall be
satisfied that that foreign country has made or has undertaken to:
make such provisions, if any, as it appears to the Governor expedient
to require for the protection of works entitled to copyright under the
provisions of Part I. of this Act:
(b) The Order in Council may provide that the term of copyright in New
Zealand shall not exceed that conferred by the law of the country
to which the Order relates :
(c) The provisions of section fifty hereof (relating to the delivery of copies
of books to the Registrar) shall not apply to works first published in
such country, except so far as is provided by the Order :
(d) The Order in Council may provide that the enjoyment of the rights
conferred by this Act shall be subject to the accomplishment of such
conditions and formalities, if any, as may be prescribed by the Order :
(e) In applying the provisions of this Act as to ownership of copyright, the
Order in Council may make such modifications as appear necessary
having regard to the law of the foreign country :
(f) In applying the provisions of this Act as to existing works, the Order
in Council may make such modifications as appear necessary, and may
provide that nothing in those provisions as so applied shall be construed
as reviving any right of preventing the production or importation of
any translation in any case where the right has ceased.
(2.) An Order in Council under this section may extend to all the several
countries named or described therein.
PART III.—CopyricutT OFFICE.
34.—(1.) The Governor may from time to time appoint such person as he
thinks fit to be Registrar of Copyright, and in like manner may appoint a place
to be the Copyright Office.
(2.) The person who at the co
Registrar under the Copyright Act, 1908, shall be and act as
this Act.
(3.) The place at the commencement of this Act used as the Copyright
Office shall be deemed to have been appointed under this Act.
mmencement of this Act holds the office of
Registrar under
time appoint a fit and proper person
of the illness, incapacity, or absence of
istrar ; and while
35.—(1.) The Governor may at any
Registre act in the case
to be Deputy Registrar to act in t
the Resatrar, or in the case of any vacancy 1n the office of Reg A pad
so acting such Deputy shall have all the powers and. privileges, and shall perform
all the duties, and be subject to the responsibilities, of the Registrar.
Registrar of
Copyright.
Copyright
Office.
Deputy
Registrar.
Seal.
Fees.
Registration
optional.
Copyright
Registers.
Mode of
registration.
Registration
of assign-
ments, &e.
How registra-
tion is to be
effected.
Registration
of work
published ina
series.
Trusts not
registered.
Register to
be evidence,
Certified
copies,
( 20 )
(2.) The fact of the Deputy Registrar acting as aforesaid shall be conclusive
evidence of his authority so to do, and no person shall be concerned to inquire
whether the occasion has arisen requiring or authorizing him so to act.
36. There shall be a seal of the Copyright Office, and impressions thereof
shall be judicially noticed and admitted in evidence.
3%, There shall be paid in respect of application for the registration of copy-
rights and in respect of other matters with relation to copyrights such fees as may
from time to time be prescribed by the Governor in Council, and those fees shall
be paid into the Public Account and form part of the Consolidated Fund.
38. Registration of copyright shall be optional, but the special remedies
provided for by sections fifteen, sixteen, and seventeen of this Act may be taken
advantage of only by registered owners.
39. The following Registers of Copyright shall be kept by the Registrar at
the Copyright Office :—
(a) The Register of Literary (including Dramatic and Musical) Copyright.
(b) The Register of Fine Arts Copyrights.
40. The owner of any copyright under this Act, or of the sole right to perform
or authorize the performance of any musical or dramatic work in New Zealand
or any part thereof, may obtain registration of his right in the manner prescribed.
41. When any person becomes entitled to any registered copyright or any
other right under this Act by virtue of any assignment or transmission, or to any
interest therein by license, he may obtain registration of the assignment, trans-
mission, or license in the manner prescribed.
42. The registration of any copyright or other right under this Act, or of any
assignment or transmission thereof, or of any interest therein by license, shall be
effected by entering in the proper register the prescribed particulars relating to.
the right, assignment, transmission, or license.
48. In the case of an encyclopedia, newspaper, review, magazine, or other
periodical work, or a work published in a series of books or parts, a single registra-
tion for the whole work may be made.
' 44,—(1.) No notice of any trust (expressed, implied, or constructive) shall
be entered in any Register of Copyrights under this Act or be receivable by the
Registrar.
(2.) Subject to this section, equities in respect of any copyright under this
Act may be enforced in the same manner as equities in respect of other personal
property. :
45, Every Register of Copyrights under this Act shall be prima facie evidence
of the particulars entered therein; and documents purporting to be copies of
any entry therein or extracts therefrom certified by the Registrar and sealed
with the seal of the Copyright Office shall be judicially noticed and admitted in
evidence without further proof or production of the originals.
46. Certified copies of entries in any register under this Act or of extracts
( @ }
therefrom shall, on payment of the p i
‘ £ 5 zi tT > Yr oO 2, > ; 7
. prescribed fee, be given to any person applying
47. Each register under this Act shall be open to public inspection at all
convenient times on payment of the prescribed fee.
— The Registrar may, in prescribed cases and subject to the prescribed
conditions, amend or alter any register under this Act by—
(a) Correcting any error in any name, address, or particular; and
(b) Entering any prescribed memorandum or particular relating to copyright
or other right under this Act.
' 49.—(1.) Subject to this Act the Supreme Court may, on the application
of the Registrar or of any person aggrieved, order the rectification of any register
under this Act by—
(a) The making of any entry wrongly omitted to be made in the register ;
or
(b) The expunging of any entry wrongly made in or remaining on the register ;
or
(c) The correction of any error or defect in the register.
(2.) An appeal shall lie to the Court of Appeal from any order for the recti-
fication of any register made by the Supreme Court or a Judge thereof under
this section.
50.—(1.) Every person who makes application for the registration of a
copyright in a book shall deliver to the Registrar one copy of the whole book,
with all maps and illustrations belonging thereto, finished and coloured in the same
manner as the best copies of the book are published, and bound, sewed, or stitched
together, and on the best paper on which the book is printed.
s an application for the registration of the
(2.) Every person who make
liver to the Registrar one copy of the work of
copyright in a work of art shall de
art or a representation of it.
(3.) The Registrar shall refuse to register the copyright in any book until
sub-section (1.) of this section has been complied with, or the copyright in a work
of art until sub-section (2.) of this section has been complied with.
(4.) Each copy or representation delivered to the Registrar in pursuance
of this section shall be retained at the Copyright Office.
wilfully makes any false statement or representation
to deceive the Registrar or any officer in the execution of this Act, or to procure
or influence the doing or omission of anything in relation to this Act or any matter
thereunder, is liable on summary conviction to imprisonment for a term not exceed-
ing two years.
52,—(1.) The publisher of book which is first published in New
“Zealand after the commencement of this Act, and in which copyright subsists
under this Act, shall within one month after the publication deliver at his own
pies of the book to the Librarian of the General Assembly Library,
a written receipt for them.
delivered to the Librarian of the General Assembly Library
hole book, with all maps and illustrations belonging thereto,
51. Every person who
every
expense two co
who shall give
(2.) The copies
shall be copies of the w.
Public
inspection of
registers.
Correction of
register.
Rectification
of register by
the Court.
Copies to be
delivered on
registration.
False repre-
sentation to
Registrar.
Copies to be
delivered to
General
Assembly
Library.
Power to
make regula-
tions.
Repeals.
Schedules.
( 22 )
finished, and coloured in the same manner as the best copies of the book are pub-
lished, and bound, sewed, or stitched together, and on the best paper on which
the book is printed.
(3.) If a publisher fails to comply with this section he shall be liable on
summary conviction to a fine not exceeding five pounds and the value of the copies.
(4.) For the purpose of this section the expression “ book” includes every
part or division of a book, pamphlet, sheet of letterpress, map, plan, chart, or table,
but shall not include any second or subsequent edition of a book unless that
edition contains additions or alterations either in the letterpress or in the maps,
prints, or other engravings belonging thereto.
53. The Governor in Council may make regulations, not inconsistent with
this Act, prescribing all matters which by this Act are required or permitted to be
prescribed, or which are necessary or convenient to be prescribed, for giving effect
to this Act or for the conduct of any business relating to the Copyright Office.
54,—(1.) The Copyright Act, 1908, and section one hundred and thirty-two
of the Patents, Designs, and Trade-marks Act, 1911, are hereby repealed.
(2.) The Imperial enactments referred to in the Second Schedule hereto
shall, as from the commencement of this Act, cease to have any force or effect
in New Zealand.
SCHEDULES.
FIRST SCHEDULE.
Existing Ricuts.
Existing Right. Substituted Right.
(a) In the case of Works other than Dramatic and Musical Works.
Copyright .. a ss a a .. | Copyright as defined by this Act.*
(6) In the case of Musical and Dramatic Works.
Both copyright and performing-right .. — .. | Copyright as defined by this Act.*
Copyright, but not performing-right ae .. | Copyright as defined by this Act, except the sole
right to perform or authorize the performance of
the work or any substantial part thereof in
ee public.
Performing-right, but not copyright se .. | The sole right to perform or authorize the per-
formance of the work in public, but ‘none
of the other rights comprised in copyright as
defined by this Act.
For the purposes of this Schedule the following expressions, where used in the first column thereof,
have the following meanings :—
“ Copyright,” in the case of a work which according to the law in force immediately before
the commencement of this Act has not been published before that date, and statutory
copyright wherein depends on publication, includes the right at common law, if any, to
restrain publication or other dealing with the work :
“ Performing-right,” in the case of a work which has not been performed in public before
the commencement of this Act, includes the right at common law, if any, to restrain the
performance thereof in public.
_* In the case of an essay, article, or portion forming part of and first published in a
review, magazine, or other periodical or work of a like nature, the right shall be subject to any right of
publishing the essay, article, or portion in a separate form to which the author is entitled at the com-
mencement of this Act, or would, if this Act had not been passed, have become entitled under section
eighteen of the Imperial Copyright Act, 1842.
(
SECOND SCHEDULE.
ImprriaL ENACTMENTS.
8 Geo. IT. c. 13.—The Engraving Copyright Act, 1734.
7 Geo. III. c. 38.—The Engraving Copyright Act, 1767.
17 Geo. IIL. c. 57.—The Prints Copyright Act, 1777.
54 Geo. III. c. 56.—The Sculpture Copyright Act, 1814.
& 4 Will. IV. c. 15.—The Dramatic Copyright Act, 1833.
& 6 Will. IV. c. 65.—The Lectures Copyright Act, 1835.
& 7 Will. IV. c. 59.—The Prints and Engravings Copyright Act, 1836.
& 6 Vict. c. 45.—The Copyright Act, 1842.
& 8 Vict. ec. 12.—The International Copyright Act, 1844.
1 Vict. c. 95.—The Colonial Copyright Act, 1847.
6 ce. 12.—The International Copyright Act, 1852.
6 Vict. c. 68.—The Fine Arts Copyright Act, 1862.
9 c. 12.—The International Copyright Act, 1875.
c. 36.—The Customs Consolidation Act, 1876: Section 152 (prohibiting the importation
of foreign reprints of books under copyright).
46 Vict. c. 40.—The Copyright (Musical Compositions) Act, 1882.
50 Vict. c. 33.—The International Copyright Act, 1886.
52 Vict. c. 17.—The Copyright (Musical Compositions) Act, 1888.
NDON AND TONBRIDGE.
[D., PRINTERS, LO
BRADBUKY, AGNEW, & CO,
‘SHTOW AYOLOLVIS
‘CL6T
OV LHDTYAdOOD NVIIVULSNV
STATUTORY RULES.
1913. No. 338.
REGULATIONS UNDER THE COPYRIGHT ACT, 1912.
I, THE GovERNOR-GENERAL in and over the Commonwealth of Australia
ae os ee advice of the Federal Executive Council, do hereby make the
ollowing Regulations under the Copyright i i
aL pyright Act, 1912, to come into operation
Dated this nineteenth day of December, One thousand nine hundred and
thirteen.
DENMAN,
‘ G Sean ar
By His Excellency’s Command, oyemor Generel:
W. H. Irvine,
Attorney-General.
THE COPYRIGHT REGULATIONS, 1913.
PART I.—GENERAL.
1. These Regulations may be cited as the Copyright Regulations, 1918. Short title.
2, These Regulations are divided into Parts, as follows :— Part
Tts.
Part I.—General.
Part Il.—Royalty System (General).
Part III.—Royalty System (Mechanical Musical Contrivances).
Part IV.—Repeal.
Interpreta-
3.—(1.) In these Regulations—
“The Act ” means the Copyright Act, 1912 ; tion.
“¢ Mechanical musical contrivances > means records, perforated rolls, and
other contrivances by means of which sounds may be mechanically
reproduced ;
“‘ Published work
‘ Unpublished. work
to the public.
4, All letters should be addressed to
wealth Offices, Treasury Place, Melbourne.”
ider these Regulations shall be those specified in the Fees.
aid at the Copyright Office. All remittances sent by
and shall be made payable to the
losed in a letter will be sent at the
> means work which is printed and issued to the public ;
> means work which has not been printed and issued
“The Registrar of Copyrights, Common- Address,
5. The fees to be paid ut
First Schedule, and shall be p
post shall be by money order or postal note,
Registrar of Copyrights. Coin or currency ene
remitter’s risk.
Registrar may
refuse to act
until fee paid.
Forms.
Where no
forms pro-
vided.
Hours of
business.
Applications.
Signature of
applicants.
Published
work.
Photographs.
Unpublished
work,
Published
mechanical
musical con-
trivance.
Unpublished
mechanical ;
musical
contrivance.
Performing
right in
musical or
dramatic
work.
Choreographic
works.
Variations.
Cinemato-
graph pro-
ductions.
6. Where any fee is payable in respect of any act or document, the Registrar
may refuse to permit or perform the act, or to receive or issue the document, as
the case requires, until the fee payable is paid.
",—(1.) Where in these Regulations any Form is referred to, the reference is
to the Form in the Second Schedule.
(2.) The Forms contained in the Second Schedule may, as far as they are
applicable, be used in any proceeding under the Act or these Regulations to which
they are appropriate.
8. As regards proceedings not specifically provided for in the Forms in the
Second Schedule, any appropriate Form will be accepted.
9. Except in case of holidays observed under the Commonwealth Public
Service Act, the Copyright Office shall be open to the public on week days (other
than Saturdays) from 10 a.m. to 4 p.m., and on Saturdays from 10 a.m. to noon.
10. Every application for the registration of copyright or performing right
must be left at, or sent to, the Copyright Office, and may be sent by prepaid letter
through the post, and must, in every case, be accompanied by the prescribed fee.
11. Every application for the registration of copyright or performing right
must be signed by all applicants.
12, An application for the registration of copyright in a published literary,
dramatic, musical, or artistic work may be in accordance with Form A, Al, A2
or A3 as the case requires.
18. An application for the registration of copyright in a photograph may be
in accordance with Form C or Cl as the case requires.
14, An application for the registration of copyright in an unpublished literary,
dramatic, musical, or artistic work may be in accordance with Form D.
15. An application for the registration of copyright in a published mechanical
musical contrivance may be in accordance with Form E.
16. An application for the registration of copyright in an unpublished
mechanical musical contrivance may be in accordance with Form F.
17. An application for the registration of the sole right to perform or authorise
the performance of a musical or dramatic work may be in accordance with Form G
and shall be accompanied by a copy of the work.
18. An application for the registration of copyright in an unpublished dramatic
work, consisting of a choreographic work or entertainment in dumb show, must
be accompanied by a description thereof, either type-written or written in a fair
legible hand on one side only of the paper, and without interlineations or erasures.
19. Any variation in the arrangement or acting form of a choreographic work
or entertainment in dumb show must be made the subject of a separate application
for copyright registration.
20. An application for the registration of copyright in an unpublished dramatic
work, consisting of a cinematograph production, must be accompanied by a
description of the work, preferably typewritten, and by a photograph taken from
each scene represented. If after registration the work is printed or reproduced
(2
for sale, a complete copy of the work must be filed, and, if the
E BO Registrar so desires,
an amended description thereof.
21. An application for the registration of copyright in
other than a work specified in Regulations
by a copy of the work.
an unpublished work,
Nos. 19 and 21, must be accompanied
22. The title of a literary work should be given exactly as on the title page
of the book, or on the work, and the other particulars required to be specified
should be exactly as indicated in the work itself.
28. An application for the registration of copyright in a published book must
be accompanied by a copy of the book, with all maps and illustrations belonging
. , oS
thereto, finished and coloured in the same manner as the best copies of the books
are published, and bound, sewed, or stitched together and on the best paper on
which the book is printed.
24, An application for the registration of copyright in an artistic work must
be accompanied by a copy thereof, or a representation of it.
25. An application for the registration of copyright in an interchangeable
part of a mechanical instrument for mechanically reproducing musical works must
be accompanied by the dise, cylinder, or music roll, by means of which the music
is reproduced.
26. Where an application for registration of copyright is made by a person,
other than the author of the work, he shall in his application trace his title from
the author, and shall attach to his application each assignment or instrument by
virtue of which he derives his title, with an attested copy thereof.
27. In the case of new editions of works containing material additions or
alterations either in the letterpress or in the maps, prints, or other oo
: + oes » resistrati f ight me made in
belonging thereto, applications for registration of copyright may be 1
respect of the new edition as if it were an independent work.
. . . . ae a a r * a " 7 Ie 7 . ul 1
28. If it is desired to register the words only of a song, the application sho lc
be made as for a literary work ; if it is desired to register both words and music,
application should be made as for a musical work.
29. In the case of music published in different editions arranged - cae :
: . ‘ : ; ‘ e for eac
instruments, application for registration of copyright may be ma
arrangement.
30. In the case of engravings, photographs, or se _ meds for cath
i Fatt icati istrati f right ma e€ meé ac
with variations, application for registration of On GBS . aa
. ely differentiate t sues.
variety, and should be so worded as to closely differe
31.—(1.) Every application for the r
tistie works published
egistration of a copyright, or performing
ress, OF appoi 2 f agent ;
right, shall be accompanied by a statement of address, or appointment of ee
ications of e i onnexion W
and all notices, requisitions, and communications of every kind in -
: i sue r agent.
an application may be sent by the Registrar to such address or ag’ a.
(2.) The address for service shall be within the Commonwea a, e .
= 1 ‘ A > situs >
near to the city in which the Copyright Office is situs
vice, or appointment of agent, left. at, or
i@ on the person giving the notice until
o
Registrar requires, in or
32. Any statement of address for serv
sent to, the Copyright Office shall be bindir
Copy of
unpublished
work to be
forwarded,
Title of
literary work.
Published
books.
Artistic
works.
Interchange-
able parts.
Title.
New editions.
Registration
of song.
Music pub-
lished for
different
instruments.
Engravings,
photographs,
&e.
Statement of
address.
Notice to be
binding.
( )
he appointment of some other address for service, or
furnished by him to the Registrar.
person becomes entitled to any registered copyright or
e of an assignment or transmission, or to any interest
be left at, or sent
notice of revocation, or of t
of some other agent, has been
Entry of 33.—(1.) When any
interest on performing right, by virtu
— therein, a request for the entry of his name in the Register may
by post to, the Copyright Office.
(2.) The request may be in accordance with Form I or Form J, as the case
requires, and shall be made and signed by the person claiming to be registered as
owner or licensee, or by his agent, and shall be accompanied by the deed or docu-
ment upon which he bases his request for registration.
(3.) An attested copy of every deed and document affecting the ownership of
the copyright, or performing right, or of any licence thereunder, shall accompany
the request.
(4.) The Registrar, if satisfied with the request, shall register the assignment,
transmission, or licence by entering particulars thereof in the proper Register.
34.—(1.) Declarations required for the purposes of these Regulations may be
taken before any of the following persons :—
(a) In Australia.—A Notary Public, a Justice of the Peace, a Commissioner
for Affidavits, or any person authorized by any Act or State Act to
administer oaths or take declarations.
(b) In British Dominions other than Australia.—Any Judge, Magistrate,
Justice of the Peace, Notary Public, or Commissioner for Oaths or
Affidavits, or any person authorized by law to administer oaths or take
Declarations.
declarations.
(c) In Foreign Countries.—Any Judge of a Supreme Court, British Consul or
Consular Officer, or Notary Public of the foreign country in which the
applicant may be, who is authorized by the laws of said country to
administer oaths.
(2.) The Registrar may take notice of the signature to any declaration, and
of the signature of the person before whom it purports to have been declared,
without proof of those signatures or of the official character of the person before
whom the declaration purports to have been made.
Alteration of 35. The Registers of Copyrights may be altered or amended by the Registrar
registers. in the following cases :—
(a) Where the error in entry has been made purely through the fault of the
office ; or
(b) Where the error in entry has been made through accident on the part of
an applicant or his agent.
In the latter case, however, no amendment shall be made unless the owner of the
copyright or performing right lodges at the Copyright Office a request to amend,
accompanied by the prescribed fee.
ey of 36. The Registers of Copyrights shall be open to the inspection of the public
= during office hours on every day during which the Copyright Office is open, except
on the days and at the times following :—
(a) Days which are from time to time notified by a placard posted in a con-
spicuous place at the Copyright Office ; and :
(b) Times when the Registers are required for any purpose of official use.
(2)
PART II.—Royatry Sysreu (GENERAL).
37.—(1.) The notice required by section three of the British C
shall contain the following particulars :—
(a) The name and address of the person intending to reproduce the work :
(6) the name of the work which it is intended to reproduce, and (if necessary)
a description sufficient to identify it ;
(c) the manner in which it is intended to reproduce the work (e.g.), whether
by printing, lithography, photography, &ec. ;
(d) the price or prices at which it is intended to publish the work ;
(e) the earliest date at which any of the copies will be delivered to the pur-
chaser.
(2.) The notice shall, not less than one month before any copies of the work
are delivered to the purchaser, be sent by registered post or published by advertise-
ment as follows :—
(a) If the name and an address within the Commonwealth of the owner of
the copyright, or his agent for the receipt of notice, are known or can
with reasonable diligence be ascertained, the notice shall be sent to the
owner or agent at that address ; ;
(6) if such name and address are not known and cannot, with reasonable
diligence, be ascertained, the notice shall be advertised in the Gazette ;
the advertisement in the Gazette shall give the particulars required by
paragraphs (a) and (b) of sub-regulation (1) of this Regulation, and shall
also state an address from which a copy of the notice described in sub-
regulation (1) of this Regulation may be obtained.
38.—(1.) Unless otherwise agreed, royalties thall be payable by means of
adhesive labels purchased from the owner of the copyright, and affixed to the
copies of the work.
(2.) After the person reproducing the work has given the prescribed notice of
his intention to reproduce the work, the owner of the copyright shall, by writing
sent by registered post, intimate to him some reasonably convenient place within
the Commonwealth from which adhesive labels can be obtained, and, on demand
in writing and tender of the price, shall supply from such place adhesive labels of
the required denominations at a price equal to the amount of royalty represented
thereby.
39. Subject to these Regulations, no copy of the work shall be delivered to :
purchaser until the label or labels denoting amount of royalty have been affixec
thereto. ae
40.—(1.) In cases where royalties are payable by means of lt al € . i
at any time labels of the required denomination are not available es ee
(a) after the expiration of fourteen days from the date of the ao :
notice the owner of the copyright has not duly sent to the person eS
ducing the work an intimation of some reasonably covenant P ace
within the Commonwealth from which such labels can be Shane i or
(b) the owner of the copyright ee or eine to supply such labels within
days after demand duly made, :
copies of be wc oe be delivered to purchasers without having labels a
thereto, and the amount of royalties shall be a debt due by the person repro y
opyright Act Notice.
Payment of
royalties.
Copies not to
be delivered
until labels
affixed.
Adhesive
labels not
available.
Cc .
the work to the owner of the copyright, and the person reproducing the work shall
keep an account of all such copies sold by him.
(2.) For the purpose of this Regulation “ the date of the prescribed notice ”
means—
(a) in cases when the notice is required to be sent by registered post, the date
when the notice would in ordinary course of post be delivered ;
(b) in cases when the notice is required to be advertised in the Gazette, the
date of such advertisement.
Royalties 41. Where royalties are by agreement payable in any other mode than by
oo . means of adhesive labels the time and frequency of the payment shall be such as
than by are specified in the agreement.
adhesive
Jabels. 42. The adhesive label, supplied as aforesaid, shall be an adhesive paper label,
Form of square in shape, the design to be entirely enclosed within a circle, and the side of
cc the label not to be greater than 4-inch in length. The label shall not be in a form
which resembles any postage stamp nor bear the effigy of the Sovereign or any
other person, nor any word, mark, or design such as to suggest that the label is
issued by or under the authority of the Government or any State Government for
the purpose of denoting any duty payable to such Government.
PART IlL.—Royatry System (MecuanicaL MusicaL CONTRIVANCES).
‘Notice. 48,—(1.) The notice required by sub-section (2) of section nineteen of the
British Copyright Act shall contain the following particulars :—
(a) The name and address of the person intending to make the contrivances ;
(b) the name of the musical work which it is intended to reproduce and of the
author (if known) ; and (if necessary) a description sufficient to identify
the musical work ;
(c) the class ‘of contrivance on which it is intended to reproduce the musical
work (e.g.) whether discs, cylinders or music rolls ;
(d) the ordinary retail selling prices of the contrivances, and the amount of
the royalty payable on each contrivance in respect of the musical work ;
(e) the earliest date at which any of the contrivances will be delivered to the
purchaser ; :
(f) whether any other work is to be reproduced on the same contrivance with
the musical work specified in accordance with paragraph (0).
(2.) The notice shall, not less than ten days before any contrivances on which
the musical work is reproduced are delivered to a purchaser, be sent by registered
post or published by advertisement as follows :—
(a) If the name and an address within the Commonwealth of the owner of the
copyright, or his agent for the receipt of notice, are known or can with
reasonable diligence be ascertained, the notice shall be sent to the owner
or agent at that address ;
(b) if such name and address are not known and cannot with reasonable
diligence be ascertained, the notice shall be advertised in the Gazette ;
the advertisement in the Gazette shall give the particulars required by
paragraphs (a) and (b) of sub-regulation (1) of this Regulation, and shall
also state an address from which a copy of the notice described in sub-
regulation (1) of this Regulation may be obtained. Any number of
musical works may be included in the same advertisement.
44.—(1.) Unless otherwise agreed, royalties shall be payable by means of
adhesive labels purchased from the owner of the copyright and affixed in the manner
provided by this part of these Regulations.
(2.) After the person making the contrivances has given the prescribed notice
of his intention to make or sell the contrivances, the owner of the copyright shall
by writing, sent by registered post, intimate to him some reasonably convenient
place within the Commonwealth of Australia from which adhesive labels can be
obtained, and on demand in writing and tender of the price shall supply from such
place adhesive labels of the required denominations at a price equal to the amount
of royalty represented thereby.
45. Subject to these Regulations no contrivance shall be delivered to a pur-
chaser until such label or labels denoting the amount of royalty have been affixed
thereto, or, in the case of cylinders to which it is not reasonably practicable to
affix the labels, until such label or labels have been affixed to a carton or box
enclosing the cylinder.
46.—(1.) In cases where royalties are payable by means of adhesive labels, if
at any time labels of the required denominations are not available either because—
(a) after the expiration of five days from the date of the prescribed notice of
the intention of the person making the contrivances to make or sell such
contrivances the owner of the copyright has not duly sent to the person
making the contrivances an intimation of some reasonably convenient
place within the Commonwealth of Australia from which such labels can
be obtained ; or oe
(b) the owner of the copyright refuses or neglects to supply such labels within
three days after demand duly made,
contrivances may be delivered to purchasers w
or to the carton or box enclosing the same ; and
debt due by the person making the contrivance
and the person making the contrivances shall k
vances sold by him.
(2.) For the purposes of this Regulation
means—
(a) in cases where the notice is required to be sent by registered post, the date
when the notice would in ordinary course of post be delivered :
(b) in cases where the notice is required to be advertised in the Gazette, the
date of such advertisement.
ithout having labels affixed thereto
the amount of royalties shall be a
es to the owner of the copyright,
eep an account of all such contri-
“ the date of the prescribed notice ”
47. In cases where royalties are payable on contrivances before
commencement of the Act, the person making such contrivances may 2 —
of his intention to sell them, containing mutatis mutandis the same algae
given in the same manner as is prescribed by these Regulations in the case of the
notice required by sub-section (2) of section nineteen of the British Copyright Act.
ayable in any other mode than by
i t
48. Where royalties are by agreement P Fs aigabts ele
means of adhesive labels, the time and frequency of the p
are specified in the agreement.
Payment of
royalties,
Contrivance
not to be
delivered
without
adhesive
labels.
Adhesive
labels not
available.
Royalties on
contrivances
made before
commence-
ment of Act.
Royalties
payable
otherwise
than by
adhesive
labels.
Form of
adhesive
label.
Ordinary
retail selling
price.
Inquiries.
Time for
reply.
(wa
49. The adhesive label supplied as aforesaid shall be an adhesive paper label,
square in shape, the design to be entirely enclosed within a circle, and the side of
the label not to be greater than $-inch in length. The label shall not be in a form
which resembles any postage stamp nor bear the effigy of the Sovereign or any
other person, nor any word, mark, or design such as to suggest that the label is
issued by or under the authority of the Government or any State Government for
the purpose of denoting any duty payable to such Government.
50. The ordinary retail selling price of any contrivance shall be calculated at
the marked or catalogued selling price of single copies to the public, or, if there is
no such marked or catalogued selling price, at the highest price at which single
copies are ordinarily sold to the public.
51.—(1.) The inquiries referred to in sub-section (5) of section nineteen of
the British Copyright Act shall be directed to the owner of the copyright by name,
or (if his name is not known and cannot with reasonable diligence be ascertained)
in general terms to ‘“‘ the owner of the copyright ” of the musical work in respect
of which the inquiries are made, and shall contain—
(a) a statement of the name of the musical work in respect of which the
inquiries are made and of the author (if known), and (if necessary) a
description sufficient to identify it ;
(b) a statement of the name, address and occupation of the person making
the inquiries ;
(e) an allegation that a contrivance has previously been made by means of
which the musical work may be mechanically performed, with the trade
name (if known) and a description of such contrivance ;
(d) an inquiry whether the contrivance so described was made with the
consent or acquiescence of the owner of the copyright.
(2.) The inquiries shall be sent by registered post or published by advertisement
as follows :—-
(a) If an address within the Commonwealth of the owner of the copyright is
known, or can with reasonable diligence be ascertained, the inquiries
shall be sent to such address ; or
(b) if such address is not known and cannot with reasonable diligence be
ascertained, the inquiries shall be advertised in the Gazette.
52. The prescribed time for reply to such inquiries shall be .—
(a) in cases where the inquiries are required to be sent by registered post,
seven days after the date when the inquiries would in ordinary course
of post be delivered ; and
(b) in cases where the inquiries are required to be advertised in the Gazette,
seven days after the date of such advertisement.
PART IV.—REPEAL.
58. All Regulations, whether provisional or otherwise, heretofore made under
the Act and in force at the commencement of these Regulations are hereby repealed
Save as to any right, privilege, obligation, or liability acquired, accrued, or incurred
thereunder.
a
10.
iL
A.
Al.
A2.
A3.
REP AST BD
(an 5
THE FIRST SCHEDULE.
FrEeEs:
On filing is as os ‘ :
: tee ciple for registration of copyright in a literary or musical work
n filing a atio istrati ri i isti
pplication for registration of copyright in an artistic work (except copyright in a
photograph) : :
On filing applic 7 a
pplication for registration vet copy sytickit i ina déadiwthe work (except Sopris ts in
an original cinematograph production)
On filing application for registration of copyright in a Sieies ck
On filing application for registration of performing right in a musical or dramatic york
O g ‘ > re
n filing application for the registration of copyright in an a oe pro-
duction ;
On filing Sapien for the Waleiedion of the selevialtt in a ‘eseiical oni ance for
reproducing a musical work : a . :
On request to the Registrar to register an assignment, transmission, or licence, in connexion
with a copyright or performing right
For inspection of the Register—for each entry eincehiat re or inspec ted
For certified copy of an entry in the Register ..
On application to the Registrar for amendment of the Re gister ruler ection 36 of he Act
SECOND SCHEDULE.
InpEx TO CopyRicgHt Forms.
Application for registration of copyright in a published original literary, dramatic, musical,
or artistic work ve . . :
Application for registration of copyright in ina pu blished cituinil fineras y> deinatis. ‘euseal,
or artistic work. (By a firm) ae a. <s
Application for registration of copy right j in a pu blished Geel ey dramatic, musical,
or artistic work. (By a body corporate) .. Ae ae ws ae
Application for the registration of copy right in a bolasiee work. (By owner or his assignee,
agent, or attorney) is A ae =
Application for registration of copy right in an + aapubliched gage literary, dramatic,
musical, or artistic work a. oe & ee
Application for registration of copyr ight ina pistons pl. (By the author or his assignee,
agent, or attorney) z Se os
Application for registration of cores a in a photogreph. (By a firm) va
Application for registration of copyright in a published mechanical musical contrivance .
Application for registration of copyright in an unpublished mechanical musical a
vance
Application for Hapa
musical or dramatic work
Statement of address
Appointment of agent
Request to enter name of sabesctient owner of bepyeicit upon the vegiaver of copy ee
Request to enter notification of licence or other document in the register of copyrights .
Application for amendment or alteration of the Register under Section 36 of the Act
Search warrant under Section 16 (1) (a) of the Act... oe ee ie a a
Search warrant under Section 16 (1) (6) of the Act t a
Notice under Section 17 of the Act forbidding the performance
WOK os “3 es pe aia ce .
deter of ‘he sole ik to poctorme or authorize the performance ots a
e of a musical or dramatic
..
po
5 0
or Oo
oo
-. 10-0
So
ot OL
eoooo
or
PAGE
12
13
14
14
15
16
16
20
20
21
21
FORM A.
Copyrights. Commonwealth of Australia.
Copyright Act, 1912.
APPLICATION FOR REGISTRATION OF COPYRIGHT IN A PUBLISHED ORIGINAL LITERARY, DRAMATIC,
Musica, or ArTIsTIC WoRK.
(By the author or authors, or his or their assignee, agent, or attorney.)
2. (1) of (2) (3) hereby make application for the registration of the
copyright in a (4) work being a (5) entitled (6)
W. do hereby declare that the said (4) was first published in (*a part of His Majesty’s
‘Demanions to which the Act extends or a foreign country to which an Order in Council under the Act
relates) by at on the and that such date was not later than fourteen days (or
such further time as is fixed by law) after the date of its first publication elsewhere. :
a do further declare that (7) the author of the said (4) work, and that ger
the owner of the copyright therein.
And ,,, make this declaration conscientiously believing the statements contained therein to be
true in every particular. :
Declared at this day of 19 (8).
Before me (9) :
To the Registrar of Copyrights, Commonwealth of Australia.
(1) Name of Applicant (in full).
(2) Address.
(3) Occupation. S ook i eo
(4) State whether “ Literary,”’ “ Dramatic.” or * Musical, oo Artistic ” Work, as the case may be.
(5) State whether ‘‘ Book,” “‘ Drama,” “Song,” ~ Painting,” ‘“‘ Work of Sculpture,”’ ‘‘ Lecture,’
&c., as the case may be. : aS : aS
(6) Title of Work (in full) or description sufficient to identify it.
(7) State the Name of the Author of the Work.
(8) Signature of Applicant. one
(9) Signature of Person before whom the Declaration is made. : :
Nors.—Where the applicant is the assignee from the author the applicant must forward with his
application each assignment or instrument by virtue of which he derives his title, with an attested copy
thereof.
* Strike out whichever is not needed.
| FORM Al.
a. Commonwealth of Australia,
Copyright Act, 1912.
APPLICATION FOR REGISTRATION OF COPYRIGHT IN A PUBLISHED ORIGINAL LITERARY, DRAMATIC,
Musica, or Artistic WoRK.
(By a Firm.)
(1) doing business at (2) and composed of the following members (3)
hereby applies for the registration of the copyright in a (4) work, being a (5) entitled
and I (7) a member of the firm of (1) the applicant named herein, declare
that the said (4) work was first published in (*a part of His Majesty’s Dominions to which the
Act extends or a foreign country to which an Order in Council under the Act relates) by at
on the and that such date was not later than fourteen days (or such further time as
is fixed by law) after the date of its first publication elsewhere.
I, the said (7) do further declare that (8) the author of the said (4) work,
and that the said firm of (1) is the owner of the copyright therein.
Coif)
And I, the said (7) i
A ; 8 7 make this declaration conscientiously believi
ee eee ey artis é scientiously believing the statements contained
¢
Declared at this day 19
: Before me—(10) Z
r Rae teas AF Cl . ‘
To the Registrar of Copyrights, Commonwealth of Australia
(1) Name of Firm (in full).
(2) Place of Business.
(3) Name of individual Members of Firm (in full).
: — Soar ge nee ** Dramatic,’’**‘ Musical,” or ‘‘ Artistic?’ work, as the case may be
ate whether ED A rani! (4 29 C6 Petit 0) SOTO Ok aa Sema ee
- - ook, Drama, Song, Painting, Work of Sculpture,” &c., as the
(6)
(7) Name (in full) of Member of Firm who makes the Declaration.
(8) State the Name of the Author of the Work.
(9) Signature of person authorized to sign the application.
(10) Signature of person before whom the Declaration is made.
_ Nore.—W here the Applicant is the Assignee from the Author, the Applicant must forward with
his application each assignment or instrument by virtue of which he derives his title, with an attested
Copy thereof.
* Strike out whichever is not needed.
1
2
3
4
5
m
6
7
8
FORM Az.
Copyrights. . 5
alte Commonwealth of Australia.
Copyright Act, 1912.
ATION OF COPYRIGHT IN A PUBLISHED ORIGINAL LITERARY, DRAMATIC,
APPLICATION FOR REGISTR
MustcaL, on Artistic WoRK.
(By a body corporate.)
The (1) a corporation duly organized under the laws of (2) located at (3)
and having an established place of business at (4) hereby applies for the registration of the
copyright in a (5) work, being a (6) entitled (7) and I (8) declare that
the said (5) work was first published in (*a part of His Majesty’s Dominions to which the Act
extends or a foreign country to which an Order in Council under the Act relates) by at
on and that such date was not later than fourteen days (or such further time as is fixed by
law) after the date of its first publication elsewhere. :
I, the said (8) do further declare that (9) _ the author of the said (5) work,
and that (1) is the owner of the copyright therein.
And I, the said (8) make this declaration conscl
articular.
therein to be true in every particula ae
was hereto affixed in the presence of (10) ‘
Signature of Declarant—
entiously believing the statements contained
The Common Seal of (1)
Witness to signature of declarant— :
To the Registrar of Copyrights. Commonwealth of Australia.
(1) Name of Company (in full). :
(2) Name of State or Country under whose laws Company is organized.
(3) State where Company is located. :
blished.
4) State where place of business is esta oe : i
mi ied Skee “Literary, ‘ Dramatic,” “‘ Musical,” or ‘‘ Artistic ° Work, as the case may be.
(6) State whether “ Book,” ‘‘ Drama,” “Song,” ‘‘ Painting,” “ Work of Sculpture,” &c., as the
case may be. ae
(7) Title of Work (in full), or descriptio
(8) Name and Address of Secretary es So
f the Author of the Work. : of
ce} Te ented with Signatures of Officers as prescribed by the Articles of Association of
Company. : ‘ oe
Nove.—Where the Applicant 1s the Assignee
the application each assignment or instrument by
Copy thereof.
PY, Strike out whichever is not needed.
n sufficient to identify it.
) authorized to make Declaration.
from the Author, the Applicant must forward with
virtue of which it derives title, with an attested
(1 )
—_—_—_—— FORM A3.
Copyrights.
Commonwealth of Australia.
i
Copyright Act, 1912.
APPLICATION FOR THE REGISTRATION OF COPYRIGHT IN A CoLLEcTIVE Work.
(By the owner or owners or his or their assignee, agent, or attorney.)
(1) hereby make application for the registration of (2) copyright in a collective
yor ing a (¢ entitled (4
ae ear declare that a Lad (3) was first published in (*a part of His Majesty's
Dominions to which the Act extends or a foreign country to which an Order in Council under the Act
relates) by at on the and that such date was not later than fourteen days (or
such further time as is fixed by law) after the date of its first publication elsewhere.
I do further declare that (5) is the owner of the copyright in the said (3)
And I make this declaration conscientiously believing the statements contained therein to be true
in every particular.
(6)
Declared at this day of 19
Before me—(7) :
To the Registrar of Copyrights, Commonwealth of Australia.
(1) Name (in full), Address, and Occupation of Applicant. If application is made by an Agent or
Attorney, evidence of authority to make the application must be furnished.
(2) “My.” our; “then, or — its:
(3) State whether ‘‘ Encyclopaedia,” ‘‘ Dictionary,” ‘‘ Year Book,” or similar work.
(4) Title of Work (in full), or description sufficient to identify it.
(5) Name of Owner of Collective Work.
(6) Signature of Applicant.
(7) Signature of person before whom the Declaration is made.
Notse.—Where the Applicant is the Assignee from the Owner, the Applicant must forward with his
application each assignment or instrument by virtue of which he derives his title, with an attested Copy
thereof.
* Strike out whichever is not needed.
FORM B.
Copyrights.
Commonwealth of Australia.
Copyright Act, 1912.
APPLICATION FOR REGISTRATION OF COPYRIGHT IN AN UNPUBLISHED ORIGINAL LITERARY, DRAMATIC,
Mustcat or Artistic Work.
(By the author or authors, or his or their assignee, agent, or attorney.)
I
We (1) of (2) (3) hereby make application for the registration of the
copyright in a (4) work, being a (5) entitled (6)
We declare that (7) the author of the said (4) work, and at the time of the making
thereof, was (9)
Iam
I
We do further declare that wo Ate the owner of the copyright in the said (4) work.
( i)
And I ake this i
we make this declaration conscientiously bel
true in every particular. :
Declared at this day of
leving the statements contained therein to be
19.
Before me (11) (10)
E ecistre 1 ; 4
o the Registrar of Copyrights, Commonwealth of Australia
Name of Applicant (in full)
Address. :
Occupation.
State whether ‘‘ Literary,” ‘“‘ Dr: ic ical,”
State whether ‘ ass co yee ing,” 7 oo...
State Title of Work in full, or deseri aon ffici chistes ea ee |
Name of the Author of the Work. oe
” a. of the negative in the case of a photograph.
OS siihjaot mares . _ part of His Majesty's Dominions to which the Act
or “ Resident in a foreign Soanery to oe ee cue
on : g rder in Council under the Act relates,’’ as the case
(10) Signature of Applicant.
oe oe the Declaration is made.
an soon erg — Assignee from the Author, the Applicant must forward with
roe sama g strument by virtue of which he derives his title, with an attested
SoS SS SSS
FORM C.
Copyrights.
Commonwealth of Australia.
Copyright Act, 1912.
APPLICATION FOR REGISTRATION OF COPYRIGHT IN A PHOTOGRAPH.
: (By the author or authors, or his or their assignee, agent, or attorney.)
We (1) of (2) (3) hereby make application for the registration of the
copyright in a photograph entitled (4)
i os
x7, declare that (5 of (6)
We )
the making of the original negative (viz. (7)
*T or he was (8)
we or they were.
I Iam . ce : : :
the owner of the copyright in the said photograph.
We do further declare that oo are
And we make this declaration conscientiously believing the statements contained therein to be
true in every particular.
(9
the author of the said photograph, and at the time of
) from which it was directly or indirectly derived
Declared at this day of 19
Before me—(10) ‘ :
To the Registrar of Copyrights. Commonwealth of Australia.
Name of Applicant (in full).
Address.
Occupation. ae a : ee
Title of Photograph (in full), or description sufficient to identify it. ae
State the name of the Author of the Work, or the words “lam,” or we are, as the case
ww
~eLTSTreTe~S
2
requir han the Applicant.
6) Here insert Address of Author if a person other t
7) Fill in date of the making of the negative. a : oe .
(3) “A British Subject,” “ Resident within a part of His Majesty's Dopanioms te Ww on ~ Act
: ; oe ae -y £0 which ¢ erin C >] er the Act relates,
extends,” “‘ a subject or citizen of a foreign country to which an Order in Council unc scr regan
or “ Resident in a foreign cou der in Council under the Act re
Res ig
may be. |
(9) Signature of Applicant. |.
10) Signature of person before whom the declaration is made. :
ae te Applicant is the Assignee from the Author, the Applic
application each assignment or instrument by virtue
Copy thereof. :
* Strike out whichever 1s not needed.
Vo
ntry to which an Or
vant must forward with his
derives his title, with an attested
of which he
FORM Cl.
Copyrights.
Commonwealth of Australia.
Copyright Act, 1912.
AppLICATION FOR REGISTRATION OF COPYRIGHT IN A PHOTOGRAPH.
(By a Firm.)
(1) doing business at (2) and composed of the following members (3) :
hereby applies for the registration of the copyright in a photograph entitled (4) and I (5)
“a member of the firm of (1) the applicant named herein, declare that (6) of
(7) the author of the said photograph, and at the time of the making of the original negative
a. : ae : he was
(viz., (8) ) from which it was directly or indirectly derived they ee) :
I, the said (5) do further declare that the said firm of (1) is the owner of the
copyright in the said photograph. oS :
And I, the said (5) make this declaration conscientiously believing the statements contained
therein to be true in every particular. oe
)
Declared at this day of 19
Before me—(11) :
To the Registrar of Copyrights, Commonwealth of Australia.
(1) Name of Firm (in full).
(2) Place of Business.
(3) Names of individual Members of Firm (in full).
(4) Title of Photograph (in full), or description sufficient to identify it.
(5) Name (in full) of Member of Firm who makes the Declaration.
(6) Here insert (in full) Name of Author of Photograph.
(7) Address of Author.
(8) Fillin Date of making of the negative.
(9) “‘A British Subject,” ‘“‘ Resident within a part of His Majesty’s Dominions to which the Act
extends,” “a subject or citizen of a foreign country to which an Order in Council under the Act relates,”
ore: Agee in a foreign country to which an Order in Council under the Act relates,” as the case
may be.
(10) Signature of person authorized to sign the application.
(11) Signature of person before whom the Declaration is made.
Note.—Where the Applicant is the Assignee from the Author, the Applicant must forward with his
apeenen each assignment or instrument by virtue of which he derives his title, with an attested Copy
tnereotr.
FORM D.
Copyrights.
Commonwealth of Australia.
Copyright Act, 1912.
APPLICATION FOR REGISTRATION OF COPYRIGHT IN A PUBLISHED MECHANICAL MuUsIcaL
CONTRIVANCE.
(By the author or authors, or his or their assignee, agent, or attorney.)
I
we ()) of (2) (3) hereby make application for the registration of the
copyright in a mechanical musical contrivance, being a (4) , for mechanically reproducing a
musical work entitled (5) by (6) .
The original plate from which the said contrivance was directly or indirectly derived was made
by (7) at (8) on (9) : L :
of declare that the said contrivance was first published in (*a part of His Majesty’s Dominions to
which this Act extends or a foreign country to which an Order in Council under the Act relates) by
5 at on and that such date was not later than fourteen days (or such further
period as is fixed by law) after the date of its first publication elsewhere.
I :
We “oe further declare that (10) the author of the said mechanical contrivance, and that
Ila
am the owner of the copyright therein.
WE are
Cay
Zz
And make this i i
f we me nis declaration conscientiously believi Q
: sly eving the statements containe rel
ee g the statements contained therein to be
Declared at this day of 19
i Before me (12) : ay
: the Registi - = ( epyTients, Commonwealth of Australia.
Name of Applicant (in full).
Address.
Occupation.
te whether “* Disc,” ** Cylinder,” ‘ Roll,” &c., as the case may be
Pitle of Musical Work, and (if necessary) a description sufficient to identify it
State the Name of the Author of the Musical Work. i
State the Name of Maker of the Plate.
State the Place where the original Plate was made.
State date on which the original Plate was made.
State the Name of the Author of the Contrivance.
Signature of Applicant.
(12) Signature of Person before whom the Declaration is made.
airpiin ates the Applicant is the Assignee from the Author, the Applicant must forward with his
vation each assignment or instrument by virtue of which he derives his title, wi attes Copy
app 7 es his title, with an attested Copy
* Strike out whichever is not needed.
ON =
_
—_————ererreee
SS
Se OO WAI OE
FORM E.
Copyrights. -
oo Commonwealth of Australia.
ee
Copyright Act, 1912.
APPLICATION FOR REGISTRATION OF COPYRIGHT IN AN UNPUBLISHED MxrcHANICAL Musical
CONTRIVANCE. -
(By the author or authors, or his or their assignee, agent, or attorney.)
I i . :
We (1) of (2) (3) hereby make application for the registration of the
copyright in a mechanical musical contrivance, being a (4) , for mechanically reproducing a
musical work entitled (5) by (6) é
The original plate from which the said contrivance was direct
by (7) at (8) on (9)
ae declare that (10) the author of the said contrivance, and at the time of the making
thereof was (11) :
We do further declare that . the owner of the
ly or indirectly derived was made
copyright in the said contrivance.
And = make this declaration conscientiously believing the statements contained therein to be true
in every particular.
Declared at this day of 19,
(12)
Before me (13)
To the Registrar of Copyrights,
Commonwealth of Aust ralia.
(1) Name of Applicant (in full).
(2) Address.
(3) Occupation. 0 . ek
(4) State whether © Disc,” ‘‘ Cylinder,’ Roll,”’ &c., as the case may be.
(5) Title of Musical Work, and (if necessary) @ description sufficient to identify it.
(6) State the Name of the Author of the Musical Work.
(7) State the Name of the Maker of the Plate.
(8) State the Place where the original Plate-was made.
(9) State the Date on which the original Plate was made,
0) State the Name of the Author of the Contrivance. :
1p a British Subject” “resident within a part of His Majesty's Dominions to w hich the Act
extends,” ‘‘a subject or citizen of a foreign country to which an Order in Seon _ Jong ro oponl
which an Order in Council under the # ct relates,
may be. :
(12) Signature of Applicant.
(13) Signature of Person bef °
- “Norg.—Where the Applicant is f
application each assignment or instrument by virtue
Copy thereof.
~~
ert
“eo W » Declaration is made. :
oe oe ant must forward with his
with an attested
the Assignee from the Author, the Applica I
| of which he derives his title,
( )
FORM F.
Copyrights. :
Commonwealth of Australia.
a
Copyright Act, 1912.
AppLICATION FOR REGISTRATION OF THE SOLE Rigut TO PERFORM OR AUTHORISE THE PERFORMANCE
or A MusicaL oR DramMatic WORK.
So (1) of (2) (3) hereby make application for the registration of the sole
right to perform or authorize the performance in the Commonwealth of a (4) work entitled
(5) :
a do hereby declare that (6) the author of the said work, and that (7)
the owner of the sole right to perform or authorize the performance of the said work.
And ! make this declaration conscientiously believing the statements contained therein to be
we
true in every particular. :
Declared at this day of 19
(9)
Before me ;
To the Registrar of Copyrights, Commonwealth of Australia.
(8)
) Name of Applicant (in full).
) Address.
) Occupation.
) State whether ‘* Musical ”’ or ‘* Dramatic”? Work.
) Title of Work (in full).
)
)
(8) Signature of Applicant.
(9) Signature of Person before whom the Declaration is made.
Norz.—The applicant must forward with his application each assignment or instrument through
which he derives his title, with an attested Copy thereof.
S centemenaneiememenndamnnanaenen
FORM G,
Copyrights.
| Commonwealth of Australia.
Copyright Act, 1912.
STATEMENT OF ADDRESS,
Sir—
I hereby authorize and request you to send all notices, requisitions, and communications in con-
co with my application for the registration of the copyright in my (1) entitled (2)
OG ;
Dated this day of A.D. 19
(4)
To the Registrar of Copyrights, Commonwealth of Australia.
TH.—A p AC ares: beg OS} x = 2 ?
No \* articular addre s must be given. ‘
Be: £ An address such as ‘* General Post office Melbourne
(1) Here insert ‘‘ Literary,” ‘‘ ic,” ‘‘ Musical,”’ ‘‘ Artistic ”’ - i i
Cuan crag al a Dramatic,” ‘‘ Musical, Artistic? Work, or ‘‘ Mechanical Musical
(2) Title of work.
(3) Here insert Name and Full Address.
(4) Signature of Applicant in full.
(
r ‘ FORM H.
Copyrights.
Commonwealth of Australia.
Copyright Act, 1912.
APPOINTMENT OF AGENT.
Sir—
I(1) hereby nominate, constitute aad appoint (2) of (3) in the Common-
wealth of Australia (4) my agent (5) for me in my name (6) registration of my
copyright in my (7) entitled (8) and for that purpose to sign on my behalf all documents
that my said agent may think necessary or desirable ; and I further empower my said agent to alter
and amend any documents, whether originally executed by me or on my behalf, in any manner which
may be necessary. Q
Dated this day of A.D. 19
(9)
Witness—
To the Registrar of Copyrights, Commonwealth of Australia.
(1) Here insert (in full) Name, Address, and Occupation of Principal.
(2) Here insert (in full) Name of Agent.
(3) Here insert Full Address of Agent.
(4) Here insert Occupation of Agent.
(5) Principal may here insert the words “ with full powers of substitution and revocation.”
(6) Here insert purpose for which Agent was appointed, such as ‘‘ to apply for and obtain.”
(7) ‘‘ Literary,” ‘‘ Dramatic,” ‘‘ Musical,” “ Artistic ” Work, or “‘ Mechanical Musical Contrivance,”
case requires.
) Title of Work.
) Signature of Applicant (in full).
7
as the
(8
(9
FORM I
Copyrights.
Commonwealth of Australia.
Copyright Act, 1912.
REQUEST TO ENTER NAME OF SUBSEQUENT OWNER OF COPYRIGHT UPON THE REGISTER OF Copy-
RIGHTS.
Place
Date — a :
I(1) hereby request that you will enter my name in the Register of Copyrights as owner
of the copyright in the (2) entitled (3) which was entered in the Register of (4)
yrig Dy)
copyrights on the day of 19 : a
T am entitled to the said copyright by virtue of (5)
And in proof whereof T transmit the accompanying (6)
Dated this day of Ap, 19. os
with an attested copy thereof.
To the Registrar of Copyrights, Commonwealth of Australia.
é d tion of Applicant. : 5
Ne ad ia oa” Work: ae Mechanical Musical Contrivance, ”
1) Here insert (in full) ess, and Occu)
ea ‘“‘ Literary,“ Dramatic,’ ‘‘ Musical, Artistic
as the case requires.
a a “Dramatic,” “* Musical,”’ or “* Artistic,” as the et requires.
(5) Here insert particulars showing how Transferee derives his Title.
(6) Here insert the Nature of the Document.
(7) To be signed by the Person applying for Registration of the Transfer.
(wo 4
————————— FORM J.
Copyrights. Commonwealth of Australia.
Copyright Act, 1912.
Request To ENTER NoviricaTIon OF LICENCE OR OTHER DocUMENT IN THE REGISTER OF COPYRIGHTS.
Place
Date
T(1) hereby transmit an attested copy of (2) under Copyright No. (3)
which was entered in the Register of (4) copyrights on the day of 19
L also enclose the original document for verific ation, and I have to request that a notification
thereof may be entered in the Register.
Dated this day of ap. 19
(Signature)
To the Registrar of Copyrights, Commonwealth of Australia.
) Here insert (in full) Name and Address.
) Here insert a description of the Nature of the Document.
) Here insert the Number of the Entry.
)
“Literary,” “ Dramatic,’ ‘‘ Musical,” or ‘‘ Artistic,” as the case may be.
FORM K.
& mre :
Copyrights. Commonwealth of Australia.
Copyright Act, 1912.
APPLICATION FoR AMENDMENT OR ALTERATION OF THE REGISTER UNDER SECTION 36 OF THE ACT,
I(1) of (2) (3) the owner of Copyright No. (4) which was entered
in the Register of (5) copyrights on the day of A.D.19_ , request that you will
amend or alter the Register in the following manner :—(6)
And I do hereby declare that the error arose through the followi ing circumstances :—(7)
And I make this solemn declaration ¢ onscientiously believing the statements contained therein to
be true in every particular.
Dated this day of A.D. 19
Declared before me at this day of A.D. 19
(9)
To the Registrar of Copyrights, Commonwealth of Australia.
(1) Name (in full) of Registered Owner of Copyright or Performing Right.
(2) Address.
(83) Occupation.
(4) Here insert the Number of the Entry.
(5) *‘ Literary,” ‘“‘ Dramatic,” ‘‘ Musical,” or ‘* Artistic,” as the case may be.
(6) Here set out desired Amendment or Alteration of the Register.
(7) Here furnish particulars of the circumstances under which the error arose.
(8) To be signed by the Registered Owner.
(9) "Eo be signed by the Person before whom the Declaration is made.
FORM L.
Copyrights.
: Commonwealth of Australia.
Copyright Act, 1912.
Search Warrant UNDER Section 16 (1) (a) of THE Act.
gi a a constable of police in the State of and to all constables of police in the said
ate
Whereas I am satisfied by evidence that there is reasonable ground for believing that infringing
copies of (1) work, bearing the following title or description, viz. : (2) are being sold ,
or offered for sale at (3) in the State of (4) . These are therefore to authorize and
( a)
command you, in the Kin rs nh seiz k i oe f r s S g
§S name, to seize t é i ‘ij i i i wi ir
) ( ) e said alleg d in ringing copies of said ork, and to bring
Given under my ha 5 sad : ;
on y hand and seal, at in the State of the day of
: (L.3.)
A Justice of the Peace in the State of
(1) Here insert “‘ Literary,’’ ‘‘ Dramatic,’ “ Musical
(2) Here insert, sufficient for identi
Dramatic, Musical, or Artistic Work.
(3) Here insert Name of Town or Place.
(4) Here insert Name of State.
S fe pe Sega the Court of Summary Jurisdiction before which the said alleged infringing copies
: ,’ or “Artistic ” Work, as the case requires.
fication purposes, the Title, or a Description of the Literary,
FORM M.
Copyrights.
Commonwealth of Australia.
Copyright Act, 1912.
SHARCH WARRANT UNDER Suction 16 (1) (5) oF THE Act.
é To a constable of police in the State of and to all constables of police in the said
tate.
Whereas I am satisfied by evidence that there is reasonable ground for believing that infringing
copies of a (1) work, bearing the following title or description, viz. : (2) are to be found
in (3) in the State of (4) :
These are therefore to authorize and command you, in the King’s name, to search, between sunrise
and sunset, the said (5) , and to seize the said alleged infringing copies of the said (1) 's.
work, or any copies reasonably suspected to be infringing copies of said work found by you therein, and
to bring them before (6) ‘
Given under my hand and seal, at in the State of the day of
A.D. 19
(L.S.)
A Justice of the Peace in the State of
(1) Here insert “‘ Literary,” “‘ Dramatic,” “‘ Musical,”’ or Artistic’? Work, as the cage requires.
(2) Here insert, sufficient for identification purposes, the Title or a description of the Literary,
Dramatic, Musical, or Artistic Work. oo : :
(3) Here describe the House, Shop, or other Place where the alleged infringing copies are believed to
be, and the Town or Place in which it is situated.
(4) Here insert Name of State. :
(5) Here insert House, Shop, or Place, as the case requires.
(6) Here insert the Court of Summary Jurisdiction before w
are to be brought.
hich the said alleged infringing copies
FORM N.
Copyrights. Commonwealth of Australia.
Copyright Act, 1912.
ACT FORBIDDING THE PERFORMANCE OF A MUSICAL OR DRAMATIC
‘E 3R SECTION 17 OF THE
Norick UNDER} ae
To (1)
I hereby give you notice that (2) Bre the registered owner of the sole right to perform a (3)
nereby 5 i F g
ich vi is i ) ig ffice on the day of
*k entitle hich right was registered in the Copyright O 1e f
Mig eg ee have pane ground to believe that bee ee pies pe oe. part
i orm said work at (5 in infringement of the said sole mgat © ae
ee ie pcre with section 17 of the Copyright Act, 1912 (a copy of which
( 22 )
in public of the said work in infringe-
frain from performing or taking part
, that I forbid the performance
the said sole right to perform at (5)
and that I require you to re
id work in infringement of
section is indorsed on this notice)
ment of the said sole right to perform,
in the performance in public of the sa
or at any other place.
Dated the day of A.D.19 . (6)
and Address of the Person to whom notice is given.
and Address of the Owner of the sole right to perform.
> as the case requires.
Dramatic Work.
(1) Here set out the Name, Description,
(2) Here set out the Name, Description,
(3) Here insert ‘“ Musical ”’ or ‘* Dramatic,’
(4) Here set out the title of the Musical or
(5) Here set out place where performance is believed to be about to take place.
(6) To be signed by the Owner of the sole right to perform or his Agent. If signed by the Agent,
the words “‘ Agent of the Owner of the sole right to perform appointed in writing ” are to be added.
Norz.—A copy of section 17 must be indorsed on this notice.
BRADBURY, AGNEW, & CO. LD., PRINTERS, LONDON AND TONBRIDGE,
( 22 )
section is indorsed on this notice), that I forbid the performance in public of the said work in infringe-
ment of the said sole right to perform, and that I require you to refrain from performing or taking part
in the performance in public of the said work in infringement of the said sole right to perform at (5)
or at any other place.
Dated the day of A.D. 19 6)
1) Here set out the Name, Description, and Address of the Person to whom notice is given.
2) Here set out the Name, Description, and Address of the Owner of the sole right to perform.
) Here insert “‘ Musical” or “ Dramatic,” as the case requires.
) Here set out the title of the Musical or Dramatic Work.
5) Here set out place where performance is believed to be about to take place.
(6) To be signed by the Owner of the sole right to perform or his Agent. If signed by the Agent,
the words ‘‘ Agent of the Owner of the sole right to perform appointed in writing ’’ are to be added.
Notz.—A copy of section 17 must be indorsed on this notice.
BRADBURY, AGNEW, & CO. LD., PRINTERS, LONDON AND TONBRIDGE.
Supplement to THE AUTHOR, July, 1914
THE INDIAN COPYRIGHT BILL,
1914.
SOCIETY OF AUTHORS, PLAYWRIGHTS
AND COMPOSERS,
THE INCORPORATED
1 CENTRAL BUILDINGS,
TOTHILL STREET,
WESTMINSTER, 8.W.
A BILL
TO
MODIFY AND ADD TO THE PROVISIONS OF THE
COPYRIGHT ACT, 1911.
WueErEas it is expedient to modify and add to the provisions of the Copyright
Act, 1911, in its application to British India; it is hereby enacted as follows :—
CHAPTER I.
PRELIMINARY.
1.—(1.) This Act may be ealled the Indian Copyright Act, 1914.
(2.) It extends to the whole of British India, including British Baluchistan,
the District of Angul and the Sonthal Parganas.
2. In this Act, unless there is anything repugnant in the subject or context—
(1.) ‘* The Copyright Act ’’ means the Act of Parliament entitled the Copyright
Act, 1911; and
(2.) Words and expressions defined in the Copyright Act have the same
meanings as in that Act.
CHAPTER II. :
CONSTRUCTION AND MopIFICATION OF THE Copyricut ACT.
8. In the application to British India of the Copyright Act (*a copy of which
Act, except such of the provisions thereof as are expressly restricted to the United
Kingdom, is set out in the First Schedule), the following modifications shall be
made, namely :—
(1.) The powers of the Board of Trade under section 8 shall, in the case of
works first published in British India, be exercised by the Governor
General in Council ;
(2.) The powers of the Board of Trade under section 19 shall, as regards
records, perforated rolls and other contrivances, the original plate of
which was made in British India, be exercised by the Governor-General
in Council; and the confirmation of Parliament shall not be necessary
to the exercise of any of these powers ;
The references in section 19, sub-section (4) ection 2:
(1), to arbitration shall be read as references to arbitration in ae
with the law for the time being in force in that part of British India
in which the dispute occurs ;
(4.) As regards works the authors whereof were at the time of the making
of the works resident in British India, and as regards works first published
in British India, the reference in section 22 to the Patents and Designs
Act, 1907, shall be construed as a reference to the Indian Patents and
Designs Act, 1911, and the reference in the said section to section ae
of the Patents and Designs Act, 1907, shall be construed as a reference
to section 77 of the Indian Patents and Designs Act, 1911;
i rinted as they stand in the Act, but the Act of 1911
: ST “oh pain te Schedule : Members of the Society have already
received this as a Supplement to The Author.—Ep.
, and in section 24, sub-section
accordance
(3.)
1 & 2 Geo. 5,
ec. 46,
Short title
and extent.
Definitions.
1 & 2 Geo. 5,
c. 46.
Application
of copyright
Act to
British India
with adapta-
tions.
7 Edw. 7,
ec, 29.
II, of 1911.
Modification
of copyright
as regards
translation
of works
first pub-
lished in
British India.
Musical
works made
by resident
of, or first
published in,
British India.
Importation
of copies.
VIII. of 1878.
VII. of 1878,
(4A)
(5.) As regards works first published in British India, the reference in section
24, sub-section (1), proviso (a), to the London Gazette and two London
newspapers shall be construed as a reference to the Gazette of India and
two newspapers published in British India ; and the reference in proviso
(b) of the same sub-section of the same section to the 26th day of July,
1910, shall as regards works the authors whereof were at the time of
the making of the works resident in British India, and as regards works
first published in British India, be construed as a reference to the 30th
day of October, 1912.
4.—(1.) In the case of works first published in British India, copyright shall
be subject to this limitation that the sole right to produce, reproduce, perform or
publish a translation of the work shall subsist only for a period of ten years from
the date of the first publication of the work ;
Provided that if within the said period the author or any person to whom he
has granted permission so to do publishes a translation of any such work in any
language, copyright in such work as regards the sole right to produce, reproduce,
perform or publish a translation in that language shall not be subject to the
limitation prescribed in this sub-section.
(2.) For the purposes of sub-section (1) the expression ‘‘ author ”’ includes the
legal representative of a deceased author.
5. In the application of the Copyright Act to musical works the authors
whereof were at the time of the making of the works resident in British India, or
to musical works first published in British India, the term ‘“ musical work ”’ shall,
save as otherwise expressly provided by the Copyright Act, mean “ any combina-
tion of melody and harmony, or either of them, which has been reduced to writing.”
6.—(1.) Copies made out of British India of any work in which copyright
subsists which if made in British India would infringe copyright, and as to which
the owner of the copyright gives notice in writing by himself or his agent to the
Chief Customs Officer, as defined in the Sea Customs Act, 1878, that he is desirous
that such copies should not be imported into British India, shall not be so imported,
and shall subject to the provisions of this section, be deemed to be prohibited
imports within the meaning of section 18 of the Sea Customs Act, 1878.
(2.) Before detaining any such copies or taking any further proceedings with
a view to the confiscation:thereof, such Chief Customs Officer, or any other officer
appointed by the Local Government in this behalf, may require the regulations
under this section, whether as to information, security, conditions or other matters,
to be complied with, and may satisfy himself, in accordance with these regulations,
that the copies are such as are prohibited by this section to be imported.
(3.) The Governor-General in Council may, by notification in the Gazette of
India, make regulations, either general or special, respecting the detention and
confiscation of copies the importation of which is prohibited by this section, and the
conditions; if any, to be fulfilled before such detention and confiscation ; and may,
by such regulations, determine the information, notices and security to be given,
and the evidence requisite for any of the purposes of this section, and the mode of
verification of such evidence.
(4.) Such regulations may apply to copies of all works the importation of
copies of which is prohibited by this section, or different regulations may be made
respecting different classes of such works.
(5). The regulations may provide for the informant re-imbursing the Secretary
of State for India in Council all expenses and damages incurred in respect of any
(7)
detention made on his informati
: us infor , proceedings
oy Seae] ne piaeaphe aie san and of any proceedings consequent on such
— ; . Ly E Ovi 9h a given under the Copyright Act to the
s ‘rs of Customs and Excise of the United King 1
a tt Kingdom, and communicated
; it a y to any authority in British India, shall be deemed to have been
given by the owner to the said Chief Customs Officer.
(6.) This section shall have effect as the necessary modification of section 14
of the Copyright Act.
CHAPTER III.
PENALTIES.
7. If any person knowingly—
(a) Makes for sale or hire any infringing copy of a work in which copyright
subsists ; or
(b) Sells or lets for hire, or by way of trade exposes or offers for sale or hire,
any infringing copy of any such work; or
(c) Distributes infringing copies of any such work, either for the purposes
of trade or to such an extent as to affect prejudicially the owner of the
copyright ; or
(d) By way of trade exhibits in public any infringing copy of any such work ;
or
(e) Imports for sale or hire into British India any infringing copy of any such
work ;
he shall be punishable with fine which may extend to twenty rupees for every copy
dealt with in contravention of this section, but not exceeding five hundred rupees
in respect of the same transaction.
8. If any person knowingly makes, or has in his possession, any plate for the
purpose of making infringing copies of any work in which copyright subsists, or
knowingly and for his private profit causes any such work to be performed in
public without the consent of the owner of the copyright, he shall be punishable
with fine which may extend to five hundred rupees.
9. If any person, after having been previously convicted of an offence punish-
able under section 7 or section 8 is subsequently convicted of an offence punishable
under either of these sections, he shall be punishable with simple imprisonment
which may extend to one month, or with fine which may extend to one thousand
rupees, or with both. : es
10.—(1.) The Court before which any offence under this chapter . trie el
whether the alleged offender is convicted or not, order that all pee of the w on
or all plates in the possession of the alleged offender, which cage - -
infringing copies, or plates for the purpose of making infringing caine e - Le
or delivered up to the owner of the copyright, or otherwise dealt with as the Court
may think fit.
(2.) Any person a
ffected by an order under sub-section (1) may, within
thirty days of the date of such order, appeal to the Court to a _ sa i
Court making the order ordinarily lie ; and such appellate see irect that
execution of the order be stayed pending consideration of the appeal. ee,
11. No Court inferior to that of a Presidency Magistrate or a Magistrate
inst this Act.
f the first class shall try any offence against
: 12. The provisions of this chapter shall not apply to
section 9 of the Copyright Act, regarding the restrictions on r
of a work of architecture, applies.
any case to which
emedies in the case
Offences in
respect of
infringing
copies.
Possession of
plates for
purpose of
making
infringing
copies,
Punishment
on second
conviction.
Power of
Court to
dispose of
infringing
copies or
plates for
purpose of
making
infringing
copies.
Cognizance of
offences.
Saving in case
of infringe-
ment by
construction
of building.
fe)
CHAPTER IV.
MISCELLANEOUS.
uit or other civil proceeding regarding infringement of copyright
d tried in the High Court or the Court of the District Judge.
Bn emit ding instituted after the 30th of October,
of copyright. 1912, regarding infringement of copyright in any book the author whereof was at
Effect of non- the time of making the book resident in British India, or of any book first published
registration =| British India, shall be dismissed by reason only that the registration of such
under Act : : ae s
XX. of 1847. book had not been effected in accordance with the provisions of the Indian Copy-
XX. of 1847. right Act, 1847.
Repeals. 15. The enactments mentioned in the Second Schedule are hereby repealed
to the extent specified in the fourth column thereof.
Courts having 18. Every s
oh pea shall be instituted an
garding * ete
une 14. No suit or other civil procee
FIRST SCHEDULE.
ImeurmaL Copyricut Act, 1911, pxcEPT SECTIONS 11—13.
SECOND SCHEDULE.
Repeal of Enactments. (See Section 15.)
Year. No. Short Title. Extent of Repeal.
1847 XX. | The Indian Copyright | So much as has not already been repealed.
Act, 1847
1867 XXV. | The Press and Regis- | In section 18 the following words, namely :—‘‘ Every
tration of Books Act,| registration under this section shall, upon the payment
1867 of the sum of two rupees to the office keeping the said
Catalogue, be deemed to be an entry in the Book of
Registry kept under the Act No. XX. of 1847 (for
encouragement of learning in the territories subject to
the government of the East India Company, by the
defining and providing for the enforcement of the right
called copyright therein) ; and the provisions contained
in that Act as to the said Book of Registry shall apply
mutatis mutandis to the said catalogue.”
1878 VIII. | The Sea Customs Act, | Clause (a) of section 18.
1878
This Bill was passed at a meeting of the Council of the Governor-General :
of India for the purpose of making Laws and Regulations on the twenty-fourth
day of February, 1914.
(Sd.) HarpincEe oF PENSHURST,
President.
The 24th February, 1914.
I assent to this Bill.
(Sd.) Harprince oF PENSHURST,
Viceroy and Governor-General.
The 24th February, 1914.
Dublin Core
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Title
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The Author, Vol. 24 Issue 10 (July 1914)
Subject
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<em>The Author</em>, Vol. 24 Issue 10 (July 1914)
Type
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Publication
Identifier
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1914-07-01-The-Author-24-10
publications
The Author