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            <text>XL he Hutbot\&#13;
(The Organ of the Incorporated Society of Authors. Monthly.)&#13;
CONDUCTED BY WALTER BESANT.&#13;
Vol. VII.—No. 6.]&#13;
NOVEMBER 2, 1896.&#13;
[Price Sixpence.&#13;
CONTENTS.&#13;
General Memoranda&#13;
Literary Properly—&#13;
1. A Book on the Law of Copyright&#13;
2. The Average Return&#13;
Notes from Paris. By R. H. Shorard ...&#13;
New York Letter. By Norman Hupgood&#13;
The Church Congress and Fiction&#13;
PA(!E&#13;
... 117&#13;
... 119&#13;
... 119&#13;
... 119&#13;
... 122&#13;
... 124&#13;
The Russian Press Bureau&#13;
Notes and News. By the Editor&#13;
Book Talk ... •&#13;
Literature in the Periodicals&#13;
The Berne International Literary and Artistic Congress&#13;
Prize Competitions&#13;
PAOK&#13;
... 124&#13;
... 198&#13;
... 127&#13;
... 129&#13;
... 131&#13;
... 144&#13;
PUBLICATIONS OF THE SOCIETY.&#13;
1. The Annual Report. That for January 1896 can be had on application to the Secretary.&#13;
2. The Author. A Monthly Journal devoted especially to the protection and maintenance of Literary&#13;
Property. Issued to all Members. Back numbers are offered at the following prices:&#13;
Vol. I., ior. 6(7. (Bound); Vols. II., III., and IV., 8s. 6d. each (Bound); Vol. V., 6s. (&gt;,/.&#13;
(Unbound).&#13;
3. Literature and the Pension List. By W. Morris Colles, Barrister-at-Law. (Henry Glaisher,&#13;
95, Strand, W.C.) 3*.&#13;
4. The History of the Societe des Sens de Lettres. By S. Squire Sprigge, late Secretary to&#13;
the Society, i*.&#13;
5. The Cost of Production. In this work specimens are given of the most important forms of type,&#13;
size of page, &amp;c, with estimates showing what it costs to produce the more common kinds of&#13;
books. Henry Glaisher, 95, Strand, W.C. 2*. 6d.&#13;
6. The Various Methods of Publication. By S. Squire Sprigge. In this work, compiled from the&#13;
papers in the Society's offices, the various forms of agreements proposed by Publishers to&#13;
Authors are examined, and their meaning carefully explained, with an account of the various&#13;
kinds of fraud which have been made possible by the different clauses in their agreements.&#13;
Henry Glaisher, 95, Strand, W.C. 3*.&#13;
7. Copyright Law Eeform. An Exposition of Lord Monkswell's Copyright Bill now beiore Parlia-&#13;
ment. With Extracts from the Report of the Commission of 1878, and 8JV A'PPen4lx&#13;
containing the Berne Convention and the American Copyright Bill. By J. a* -tMt. ^&gt;'re&#13;
and Spottiswoode. is. 6d. A&gt;&#13;
8. The Society of Authors. A Record of its Action from its Foundation. By&#13;
(Chairman of Committee, 1888—1892). 1*. * NV&#13;
9' ^ Lun?e° J.U-^M011 in Qerman?' Austria&lt; Hungary, and Switzer.\ \^&#13;
&#13;
&#13;
## p. 116 (#152) ############################################&#13;
&#13;
11&#13;
AD VER TISEMENTS.&#13;
g&gt;ociefp of Jluf^ors (gncorporateb).&#13;
8ir Edwin Arnold, K.C.I.E., C.S.I.&#13;
Alfred Austin.&#13;
J. M. Barrie&#13;
A. W. 1 Beckett.&#13;
P. E. Beddard, P.E.S.&#13;
Robert Bateman.&#13;
Sir Henry Bebgne, K.C.M.G.&#13;
Sir Walter Besant.&#13;
augubtine blrrell, m.p.&#13;
Rev. Prof. Bonnet, P.E.S.&#13;
Right Hon. James Bryce, M.P.&#13;
Right Hon. Lord Burghclere, P.C.&#13;
Hall Caine.&#13;
Egerton Castle, F.S.A.&#13;
P. W. Clatden.&#13;
Edward Clodd.&#13;
W. Morris Colles.&#13;
Hon. John Collier.&#13;
Sir W. Martin Conway.&#13;
P. Marion Crawford.&#13;
A. W. 1 Beckett.&#13;
Sir Walter Besant.&#13;
Egerton Castle.&#13;
W. Morris Colles.&#13;
( Messrs. Field&#13;
Solicitors—&#13;
PRESIDENT.&#13;
GEOBGE M33EETJITH&#13;
COUNCIL.&#13;
The Earl of Desart.&#13;
Austin Dobson.&#13;
A. Conan Doyle, M.D&#13;
A. W. Dubourg.&#13;
Sir J. Eric Erichsen, Bart., F.R.S.&#13;
Prof. Michael Foster, F.R.S.&#13;
Richard Garnett, C.B., LL.D.&#13;
Edmund Gosse.&#13;
H. Rider Haggard.&#13;
Thomas Hardy.&#13;
Anthony Hope Hawkins.&#13;
Jerome K. Jerome.&#13;
Rudyard Kipling.&#13;
Prof. E. Ray Lankester, F.R.S.&#13;
W. E. H. Lecky.&#13;
J. M. Lely.&#13;
Mrs. E. Lynn Linton.&#13;
Rev. W. J. Loftie, F.S.A.&#13;
Sir A. C Mackenzie, Mus.D.&#13;
Prof. J. M. D. Meiklejohn.&#13;
Counsel — E. M. Underdown,&#13;
COMMITTEE OF MANAGEMENT.&#13;
Chairman—H. Rider Haggard.&#13;
Hon. John Collier.&#13;
Sir W. Martin Conway.&#13;
Anthony Hope Hawkins.&#13;
J. M. Lely.&#13;
Roscoe, and Co., Lincoln's Inn Fields.&#13;
Herman C. Merivale.&#13;
Rev. C. H. Middleton-Wake.&#13;
Sir Lewis Morris.&#13;
Henry Norman.&#13;
Miss E. A. Ormerod.&#13;
J. C. Parkinson.&#13;
Right Hon. Lord Pirbright.&#13;
Sir Frederick Pollock, Bart., LL.D.&#13;
Walter Herries Pollock.&#13;
W. Baptists Scoones.&#13;
Miss Flora L. Shaw.&#13;
G. R. Sims.&#13;
S. Squire Sprigge.&#13;
J. J. Stevenson.&#13;
Prof. Jas. Sully.&#13;
William Moy Thomas.&#13;
H. D. Traill, D.C.L.&#13;
Mrs. Humphry Ward.&#13;
Miss Charlotte M. Yonge.&#13;
Hon.&#13;
Q.C.&#13;
Sir A. C. Mackenzie, Mus.D.&#13;
Henry Norman.&#13;
S. Squire Sprigge.&#13;
( G. Herbert Thbing, B.A., 4, Portugal-street, W.C.&#13;
Secretary—G. Herbert Thring, B.A.&#13;
OFFICES: 4, Portugal Street, Lincoln's Inn Fields, W.C.&#13;
J±. IP. WATT &amp;c SOILST,&#13;
LITERARY AGENTS,&#13;
Formerly of 2, PATERNOSTER SdUARE,&#13;
Have now removed to&#13;
HASTINGS HOUSE, NORFOLK STREET, STRAND,&#13;
LONDON. W.C.&#13;
WINDSOR HOUSE PRINTING WORKS,&#13;
BBBAM'S BXJIJ_,IDI2SrC3-S, ZE.C.&#13;
Offiees of "The Field," "The Queen," "The Law Times," &amp;e.&#13;
Mr. HORACE COX, Printer to the Authors' Society, takes the opportunity of informing Authors that, having a very&#13;
large Office, and an extensive Plant of Type of every description, he is in a position to EXECUTE any PRINTING they&#13;
may entrust to his care.&#13;
ESTIMATES FORWARDED, AND REASONABLE CHARGES WILL BE FOUND.&#13;
&#13;
&#13;
## p. 117 (#153) ############################################&#13;
&#13;
Zhc Hutbor*&#13;
(Hie Organ of the Incorporated Society of Authors. Monthly.)&#13;
CONDUCTED BY WALTER BESANT.&#13;
Vol. VII.—No. 6.]&#13;
NOVEMBER 2, 1896.&#13;
[Price Sixpence.&#13;
For the Opinions expressed in papers that are&#13;
signed or initialled the Authors alone are&#13;
responsible. None of the papers or para-&#13;
graphs must be taken as expressing the&#13;
collective opinions of the committee unless&#13;
they are officially signed by G. Herbert&#13;
Thring, Sec.&#13;
THE Secretary of the Society begs to give notice that all&#13;
remittances are acknowledged by return of post, and&#13;
requests that all members not receiving an answer to&#13;
important communications within two days will write to him&#13;
without delay. All remittances should be crossed Union&#13;
Bank of London, Chancery-lane, or be sent by registered&#13;
letter only. |&#13;
Communications and letters are invited by the Editor on&#13;
all subjects connected with literature, but on no other sub-&#13;
jects whatever. Articles which cannot be accepted are&#13;
returned if stamps for the purpose accompany the MSS.&#13;
GENERAL MEMORANDA.&#13;
FOB some years it has been the praotioe to insert, in&#13;
every number of the Author, certain " General Con-&#13;
siderations," Warnings, Notices, Ac, for the guidance&#13;
of the reader. It has been objected as regards these&#13;
warnings that the tricks or frauds against which they are&#13;
directed cannot all be guarded against, for obvious reasons.&#13;
It is, however, well that they should be borne in mind, and&#13;
if any publisher refuses a clause of precaution he simply&#13;
reveals his true character, and should be left to carry on&#13;
his business in his own way.&#13;
Let us, however, draw up a fow of the rules to be&#13;
observed in an agreement. There are three methods of&#13;
dealing with literary property:—&#13;
I. That of selling it outright.&#13;
This is in some respects the most satisfactory, if a proper&#13;
price can be obtained. But the transaction should be&#13;
managed by a competent agent.&#13;
II. A profit-sharing agreement.&#13;
In this case the following rules should be attended to:&#13;
(1.) Not to sign any agreement in which the cost of pro-&#13;
duction forms a part.&#13;
(2.) Not to give the publisher the power of putting the&#13;
profits into his own pocket by charging for advertisements&#13;
VOL. VII.&#13;
in his own organs: or by charging exchange advertise-&#13;
ments.&#13;
(3.) Not to allow a special charge for " office expenses,"&#13;
unless the same allowance is made to the author.&#13;
(4.) Not to give up American, Colonial, or Continental&#13;
rights.&#13;
(5.) Not to give up serial or translation rights. .&#13;
(6.) Not to bind yourself for future work to any publisher.&#13;
As well bind yourself for the future to any one solicitor or&#13;
doctor!&#13;
(7.) To stamp the agreement.&#13;
HI. The royalty system.&#13;
In thiB system, which has opened the door to, a most&#13;
amazing amount of overreaching and trading on the&#13;
author's ignorance, it is above all things necessary to know&#13;
what the proposed royalty means to both sides. It is now&#13;
possible for an author to ascertain approximately and very&#13;
nearly the truth. From time to time the very important&#13;
figures connected with royalties are published in the Author.&#13;
Readers can also work out the figures themselves from tho&#13;
"Coat of Production." Let no one, not even the youngest&#13;
writer, sign a royalty agreement without finding out what&#13;
it gives the publisher as well as himself.&#13;
It has been objected that these precautions presuppose a&#13;
great success for the book, and that very few books indeed&#13;
attain to this great succeSB. That is quite true: but there is&#13;
always this uncertainty of literary property that, although&#13;
the works of a great many authors carry with them no risk&#13;
at all, and although of a great many it is known within a few&#13;
copies what will be their minimum circulation, it is not&#13;
known what will be their maximum. Therefore every&#13;
author, for every book, should arrange on the chance of a&#13;
success which will not, probably, come at all; but which&#13;
may come.&#13;
The four points which the Society has always demanded&#13;
from the outset are:—&#13;
(1.) That both Bides shall know what an agreement&#13;
means.&#13;
(2.) The inspection of those account books which belong&#13;
to the author. We are advised that this is a right, in the&#13;
nature of a common law right, which cannot be denied or&#13;
withheld.&#13;
(3.) That there shall be no secret profits.&#13;
(4.) That nothing shall be charged which has not been&#13;
actually paid—for instance, that there 8haU he no charge f or&#13;
advertisements in the publisher's own oTSfM1* 9114 ""v 11vL&#13;
exchanged advertisements; and that ^ AKbco^6&#13;
duly entered,&#13;
If these points are carefully look;e^&#13;
rest pretty well assured that he ia jJj ^JiV" ^je* ^ \»&#13;
samo time he will do well to&#13;
sscretary before he signs it.&#13;
,1&#13;
&#13;
&#13;
## p. 118 (#154) ############################################&#13;
&#13;
118 THE AUTHOR.&#13;
SOW TO USE THE SOCIETY.&#13;
I. Ij^ VERY member has a right to ask for and to receive&#13;
|U advice upon his agreements, his choice of a pub-&#13;
lisher, or any dispute arising in the conduct of his&#13;
business or the administration of his property. If the advice&#13;
sought is such as can be given best by a solicitor, the member&#13;
has a right to an opinion from the Society's solicitors. If the&#13;
case is such that Counsel's opinion is desirable, the Com-&#13;
mittee will obtain for him Counsel's opinion. All this&#13;
without any cost to the member.&#13;
2. Remember that questions connected with copyright&#13;
and publisher's agreements do not generally fall within the&#13;
experience of ordinary solicitors. Therefore, do not scruple&#13;
to use the Society " first—our solicitors are continually&#13;
engaged upon such questions for us.&#13;
3. Send to the office copies of past agreements and past&#13;
accounts with the loan of the books represented. This is in&#13;
order to ascertain what has been the nature of your agree-&#13;
ments, and the results to author and publisher respectively&#13;
so far. The Secretary will always be glad to have any&#13;
agreements, new or old, for inspection and noto. The infor-&#13;
mation thus obtained may prove invaluable.&#13;
4. If the examination of your previous business trans-&#13;
actions by the Secretary proves unfavourable, you should&#13;
take advice as to a change of publishers.&#13;
5. Before signing any agreement whatever, send the pro-&#13;
posed document to the Society for examination.&#13;
6. The Society is acquainted with the methods, and—in&#13;
the case of fraudulent houses—the tricks of every publish-&#13;
ing firm in the country.&#13;
7. Remember always that in belonging to the Society you&#13;
are fighting the battles of other writers, even if you are&#13;
reaping no benefit to yourself, and that you are advancing&#13;
the best interests of literature in promoting the indepen-&#13;
dence of the writer.&#13;
8. Send to the Editor of the Author notes of everything&#13;
important to literature that you may hear or meet with.&#13;
9. The committee have now arranged for the reception of&#13;
members' agreements and their preservation in a fireproof&#13;
Bafe. The agreements will, of course, be regarded as con-&#13;
fidential documents to be read only by the Secretary, who&#13;
will keep the key of the safe. The Society now offers :—(1)&#13;
To read and advise upon agreements and publishers. (2) To&#13;
stamp agreements in readiness for a possible action upon&#13;
them. (3) To keep agreements. (4) To enforce payments&#13;
due according to agreements.&#13;
THE AUTHORS' SYNDICATE.&#13;
MEMBERS are informed:&#13;
1. That the Authors' Syndicate takes charge of&#13;
the business of members of the Society. That it&#13;
submits MSS. to publishers and editors, concludes agree-&#13;
ments, examines, passes, and collects accounts, and, gene-&#13;
rally, relieves members of the trouble of managing business&#13;
details.&#13;
2. That the terms upon which its services can be secured&#13;
will be forwarded upon detailed application.&#13;
3. That the Authors' Syndicate works only for those&#13;
members of the Society whose work possesses a market&#13;
value.&#13;
4. That the Syndicate can only undertake any negotiations&#13;
whatever on the distinct understanding that those negotia-&#13;
tions are placed exclusively in its hands, and that all&#13;
communications relating thereto are referred to it.&#13;
5. That clients can only be seen by the Director by&#13;
appointment, and that, when possible, at least two days'&#13;
notice should be given.&#13;
6. That every attempt is made to deal with all communi-&#13;
cations promptly. That stamps should, in all cases, be sent&#13;
to defray postage.&#13;
7. That the Authors' Syndicate does not invite MSS.&#13;
without previous correspondence; does not hold itself&#13;
responsible for MSS. forwarded without notice; and that&#13;
in all cases MSS. must be accompanied by stamps to defray&#13;
postage.&#13;
8. That the Syndicate undertakes arrangements for&#13;
lectures by some of the leading members of the Society;&#13;
that it has a "Transfer Department" for the sale and&#13;
purchase of journals and periodicals; and that a " Register&#13;
of Wants and Wanted" is open. Members are invited to&#13;
communicate their requirements to the Manager.&#13;
There is an Honorary Advisory Committee, whose services&#13;
will be called upon in any case of dispute or difficulty. It&#13;
is perhaps neoesBary to state that the members of the&#13;
Advisory Committee have no pecuniary interest whatever in&#13;
the Syndicate.&#13;
NOTICES.&#13;
THE Editor of the Author begs to remind members of the&#13;
Society that, although the paper is sent to them free&#13;
of charge, the cost of producing it would be a very&#13;
heavy charge on the resources of the Society if a great&#13;
many members did not forward to the Secretary the modest&#13;
6s. 6d. subscription for the year.&#13;
The Editor is always glad to receive short papers and&#13;
communications on all subjects connected with literature&#13;
from members and others. Nothing can do more good to&#13;
the Socioty than to make the Author complete, attractive,&#13;
and interesting. Will those who are willing to aid in this&#13;
work send their names and the special subjects on which&#13;
they are willing to write P&#13;
Communications for the Author should reach the Editor&#13;
not later than the 21st of each month.&#13;
All persons engaged in literary work of any kind, whether&#13;
members of the Society or not, are invited to communicate&#13;
to the Editor any points connected with their work which&#13;
it would be advisable in the general interest to publish.&#13;
Members and others who wish their MSS. read are&#13;
requested not to send them to the Office without previously&#13;
communicating with the Secretary. The utmost practicable&#13;
despatch is aimed at, and MSS. are read in the order in&#13;
which they are received. It must also be distinctly under-&#13;
stood that the Society does not, under any circumstances,&#13;
undertake the publication of MSS.&#13;
The Authors' Club is now open in its new premises, at&#13;
3, Whitehall-court, Charing Cross. Address the Secretary&#13;
for information, rules of admission, &amp;c.&#13;
Will members take the trouble to ascertain whether they&#13;
have paid their subscriptions for the year? If they will do&#13;
this, and remit tho amount, if still unpaid, or a banker's&#13;
order, it will greatly assist the Secretary, and save him the&#13;
trouble of sending out a reminder.&#13;
Members are most earnestly entreated to attend to the&#13;
following warning. It is a most foolish and may be a&#13;
most disastrous thing to enter into an agreement binding&#13;
for a term of years. Let them ask themselves if they&#13;
would give a solicitor the collection of their rents for five&#13;
years to come, whatever his conduct, whethor he was honest&#13;
&#13;
&#13;
## p. 119 (#155) ############################################&#13;
&#13;
THE AUTHOR.&#13;
119&#13;
or dishonest? Of course they would not. Why then&#13;
hesitate for a moment when they are asked to sign them-&#13;
selves into literary bondage for three or five years?&#13;
Those who possess the "Cost of Production" are&#13;
requested to note that the cost of binding has advanced 15&#13;
per cent. This means, for those who do not like the trouble&#13;
of "doing Bums," the addition of three shillings in the&#13;
pound on this head. In other words, if the cost of binding&#13;
is set down in our book at eight pounds, to this must now be&#13;
added twenty-four shillings more, so that it now standB&#13;
at £g 4s. The figures in our book are as near the exact&#13;
truth as can be procured; but a printer's, or a binder's,&#13;
bill is so elastic a thing that nothing more exact can be&#13;
arrived at.&#13;
Some remarks have been made npon the amount charged&#13;
in the " Cost of Production" for advertising. Of course, we&#13;
have not included any sums which may be charged for&#13;
inserting advertisements in the publisher's own magazines,&#13;
or in other magazines by exchange. As agreements too&#13;
often go, there is nothing to prevent the publisher from&#13;
sweeping the whole profits of a book into his own pocket,&#13;
by inserting any number of advertisements in his own&#13;
magazines, and by exchanging with others. Some there are&#13;
who call this a form of fraud; it is not known what those&#13;
who practise this method of swelling their own profits call it.&#13;
M&#13;
FROM THE COMMITTEE.&#13;
&#13;
T the meeting of committee, Wednesday,&#13;
Oct. 14, sixty-two new members were&#13;
At the same meeting a resolution was passed&#13;
"that the deep regret of the committee 011 the death&#13;
of Mr. George Du Maurier should be communi-&#13;
cated to the widow and family.&#13;
It was ordered that the translation of the&#13;
report of the International Congress of Berne,&#13;
made for the committee by the Eev. F. Cresswell,&#13;
should be published in the Author, with such&#13;
omissions as might be found advisable.&#13;
(By order) G. Herbert Thring.&#13;
contains ten chapters—on history of literary&#13;
copyright, unpublished works, literary copyright&#13;
by statute, dramatic copyright, musical copy-&#13;
right, engravings, paintings, drawings and photo-&#13;
graphs, sculpture, international copyright, and&#13;
colonial copyright. Though these are contained&#13;
all within a hundred pages, the arrangement of&#13;
the book, and the references to the 260 or so&#13;
cases cited in the course of the author's com-&#13;
ments, are as convenient as they could possibly be&#13;
made. The rest of the volume is taken up with&#13;
a reprint of the statutes from 1734 onwards.&#13;
Mr. Cohen has made no attempt to discuss what&#13;
the law ought, to be, "although its present con-&#13;
dition is generally admitted to be unsatisfactory."&#13;
"But, as there seems no immediate pi'ospect of&#13;
reform," he hopes that his book may be of use to&#13;
the profession as well as to those interested In&#13;
this branch of the law. The book is published&#13;
at 7s. 6d. net.&#13;
n.—The Average Return.&#13;
I have been favoured by a firm of publishers&#13;
with an accurate return of the circulation of&#13;
a certain book. It has enjoyed a large cir-&#13;
culation, and it was issued in the customary&#13;
manner, viz., with large discounts to wholesale&#13;
buyers and exporters. The returns are extremely&#13;
instructive. One notes that, while we have been&#13;
recently informed that the "bulk" of books go&#13;
to the wholesale distributors, these figures show&#13;
that the retailers take very nearly 50 per cent, of&#13;
the whole. They also show that 3.V. 6d. is very&#13;
properly assumed as a very fair average. Now&#13;
publishers differ one with another: but their&#13;
little differences are mostly known. Perhaps&#13;
booksellers will be good enough to send a few&#13;
accounts, so that the practice of every firm of&#13;
any importance may be ascertained, and, if neces-&#13;
sary, published. W. B.&#13;
TO CORRESPONDENTS.&#13;
A&#13;
LL the correspondence of the mouth is held&#13;
over till the next number in consequence&#13;
of pressure on our space.—Ed.&#13;
LITERARY PROPERTY.&#13;
I.—A Book on the Law of Copyright.&#13;
"TT^HE Law of Copyright, with an Appendix&#13;
I of Statutes," is the title of a work by&#13;
Mr. B. A. Cohen, Barrister-at-law, which&#13;
has just been published by Messrs. Jordan and&#13;
Sons, 120, Chancery-lane, London. The work&#13;
&gt; .NOTES FROM PARIS.&#13;
always envied those fortunate pen-&#13;
men who are able, undisturbed by any&#13;
event, to perform their reuular and daily&#13;
IrHAVE&#13;
men who are ' able,&#13;
event, to perform their reguiai ^&#13;
tasks with the promptitude and V«ncUWl lately&#13;
machine. It is a faculty which, YdcVi «&#13;
for myself, I never possess^ footM * a this&#13;
is my firm belief cannot W&#13;
is the opinion of M b eV&#13;
often ha! to Ag**** Wf J&#13;
inertia, willingV** UttOto^ ^ uc...^&#13;
&#13;
&#13;
## p. 120 (#156) ############################################&#13;
&#13;
120&#13;
THE AUTHOR.&#13;
out any hope that one could school oneself into a&#13;
practice so remunerative. Alas! the misery that&#13;
one feels, as day after day goes by and never the&#13;
mind wakes up, with that awakening which man&#13;
feels in every fibre. It is a temporary paralysis—&#13;
one knows this, yet one is always haunted by the&#13;
dread that it will last for ever; that the field is&#13;
not merely lying fallow in the sun, but is, from&#13;
exhaustion, barren and shall never bear harvest&#13;
again. I have just passed through such a period.&#13;
Enfin, here we are again.&#13;
I have been told that inquiries have been made&#13;
at the Home Office about the uniform, or Court&#13;
dress, which the Poet Laureate, by virtue of his&#13;
ofrue, is entitled or expected to wear. Was there&#13;
ever any such uniform r One has not heard of it&#13;
in this century at any rate. Neither Southey nor&#13;
Wordsworth had one, nor Lord Tennyson. Yet&#13;
that is no reason why there should not be one,&#13;
especially when the Laureate is supposed and&#13;
expected to perform functions at Court.&#13;
This reminds me that it was on one sohtary&#13;
occasion only that Wordsworth wrote to the order&#13;
of the Court. When he accepted the Laureate-&#13;
ship it was with the express stipulation that he&#13;
should perform none of its irksome duties. In&#13;
u aking this stipulation, or rather in refusing the&#13;
post until it was made, he had poor Southey in&#13;
mind. Southey grinding out his odes with tears in&#13;
his eyes and the perspiration on his brow, com-&#13;
forted only by the thought that the salary&#13;
attached to this post was sufficient to pay the&#13;
premium of the life insurance policy which he&#13;
had taken out for the benefit of his family. The&#13;
only occasion on which Wordsworth was com-&#13;
manded to perform the duty of his office was&#13;
when the Prince Consort was to be installed&#13;
as Chancellor of the University of Cambridge, and&#13;
there was wanted an ode for the festival. Seeing&#13;
how strongly Bishop Wordsworth, the poet's&#13;
cousin, had opposed the Prince Consort's election&#13;
to this office, it strikes one that high irony&#13;
overhung the order that was dispatched to Eydal&#13;
Mount. It came at a most unpropitious time,&#13;
just at the time, indeed, when the poet's daughter&#13;
was dying, and one who was present has described&#13;
to me with what distress it was received. From&#13;
his table to the sickroom, from the bedside of his&#13;
dying daughter back to his table, the unhappy&#13;
poet walked, and never was poetry on a less&#13;
inspiriting subject written under more dispiriting&#13;
circumstances. As a matter of fact it was not&#13;
written, at least Wordsworth did not himself&#13;
alone write more than a few lines of it. Just&#13;
when, in utter despair at the hopelessness of the&#13;
task, he was about to give in, Quillinau offered&#13;
to help him. The two poets sat up most of the&#13;
night "poeting." Quillinau wrote most of the&#13;
ode, which was put to music, and was printed on&#13;
white vellum.&#13;
The correspondent of the Time* at Chris-&#13;
tiania during the Nansen festivities was Mr.&#13;
Benham, a brother of the Benham of the Author's&#13;
Club, whose loss we all so much regret. Poor&#13;
young Benham, who had written some excellent&#13;
plays, used to say that the troubles of the drama-&#13;
tist only began when he had finished writing his&#13;
play. He referred, of course, to the difficulties&#13;
of placing the work, of satisfying managers and&#13;
actors, and so on. I could not help remembering&#13;
his words, when the other day I heard of the&#13;
difficulties which were met with by Alexandre&#13;
Dumas Jih, when he was trying to get his " Dame&#13;
Aux Camelias" acted, a piece which has since&#13;
been played in Paris alone more than one thousand&#13;
times. It was first read to Dumas pi-re, who&#13;
accepted it enthusiastically for the Theatre His-&#13;
torique, which he was then managing. Unfor-&#13;
tunately, a fortnight later the direction Dumas&#13;
failed for want of capital. It was next read by&#13;
Hostein, who returned it to the author, sans&#13;
reflexions. It was next offered to the directors&#13;
of the Gymnase, but they refused it on the ground&#13;
that they were playing "Manon Lescaut," and&#13;
could not produce, as its successor, a play of&#13;
similar character. Dennery read it next, for the&#13;
Theatre Historique, but did not see his way, &amp;c.&#13;
Paul Ernest, next, accepted it for the Vaudeville,&#13;
but went bankrupt before he could produce it.&#13;
Then Dcjazet read it, but declined it because she&#13;
did not like the part of Marguerite. Dumas&#13;
then took it to Lecourt, the new lessee of the&#13;
Vaudeville. A week later he found it lying&#13;
in his concierge's lodge. It had been re-&#13;
turned without a word. Finally, H. Worms&#13;
induced Bouffc, Lecourt's successor at the&#13;
Vaudeville, to accept it. Dumas' difficulties&#13;
were, however, by no means over. The censor,&#13;
M. de Beaufort, refused to licence it, and adding&#13;
insult to injury said to the expostulating young&#13;
dramatist, " And we are rendering you a service&#13;
iu refusing our permission; the public would not&#13;
stand more than the first act." However, after a&#13;
year had passed, Dumas pvre was able to interest&#13;
M. de Moray on his son's behalf; Moray saw the&#13;
censor, and the veto was withdrawn. The piece&#13;
was finally produced for the first time on Feb.&#13;
2, 1852. One knows with what success. I com-&#13;
mend this true story to those whom disappoint-&#13;
ment discourages.&#13;
Why will English people insist on abbreviating&#13;
Monsieur into "Mons."? I see "Mons. This"&#13;
or " Mons. That" every day. It is a barbarism.&#13;
No Frenchman writes Mons. He either writes&#13;
Monsieur or M., occasionally Mr. When people&#13;
write to me as " Mons." I always answer them&#13;
&#13;
&#13;
## p. 121 (#157) ############################################&#13;
&#13;
THE AUTHOR.&#13;
I 2 I&#13;
as " Mist." It is just as usual an abbreviation.&#13;
And in the same way a good means of stopping&#13;
people from misspelling one's name is to give&#13;
them tit for tat, to misspell their names in&#13;
exactly the same way as they have done, either&#13;
by doubling a letter or omitting one. If per-&#13;
sisted in as long as one's correspondent persists&#13;
in his carelessness, it points a moral. I once had&#13;
a correspondent named Murray, who used to&#13;
bestow an extra " r" on my name. I cured him&#13;
of this spendthrift habit by similar liberality.&#13;
Three or four letters addressed " Murrray" effected&#13;
the cure.&#13;
Whenever I am in Berlin, I go and put a few&#13;
flowers on Chainisso's grave. I was much dis-&#13;
tressed last month when in Berlin to find this&#13;
grave in a terrible state of neglect, overgrown&#13;
with weeds, the stone fallen down; so changed&#13;
from when I had seen it last, that I had difficulty&#13;
in recognising it. One cannot understand such&#13;
neglect, for Chamisso is still a favourite poet in&#13;
Germany, and it is right he should be. There&#13;
are exquisite lines in his "Frauen-Leben," and&#13;
many of his other lyi ics are part and parcel of&#13;
one's mental pleasure-house. So a fuss was&#13;
made in the papers. I hope it has done good.&#13;
Chamisso must not be forgotten.&#13;
Chamisso was a Frenchman by birth, but&#13;
educated in Germany, lived there and wrote in&#13;
German. I have in idle moments speculated on&#13;
the questions which are raised by this circum-&#13;
stance. Would Chamisso have been a poet if he&#13;
had remained in France? What poetry would&#13;
he have written? How far does language&#13;
stimulate poetry!' We all know Schiller's&#13;
lines:—&#13;
Weil ein Vera dir gelingt in eino gebildeten Sprache&#13;
Die fur Dich dichtet mid denkt, glaub'st Da sohon Dichter&#13;
zu sein.&#13;
But what / want to know is how far a lan-&#13;
guage thinks and poetises for one. I do not&#13;
think I ever could have rhymed in Norwegian,&#13;
which is also an "educated language" (eine&#13;
gebildete Sprache), and I am quite certain as to&#13;
my certain failure in Polish. But leaving such&#13;
small beer out of the question, will you wonder&#13;
with me what would have happened if Madame&#13;
Shakespeare mere, before the birth of William,&#13;
had migrated to the Hague or Amsterdam—say,&#13;
for better prospects in the glove trade—if&#13;
William had been bom there, had been educated&#13;
there, had learned to speak, to write, to think in&#13;
the fat, sluggish language of the Netherlands?&#13;
What would have come of it? Or if Poe instead&#13;
of turning Westwards had gone to E.S.E. and&#13;
become a Hungarian. So I wonder, and puzzle,&#13;
and think.&#13;
Another fraternal partnership has been arranged&#13;
in the republic of letters, to wit, between Paul&#13;
Marguerite and his brother. No more literary&#13;
work is to appear signed " Paul Marguerite." A&#13;
"collective" signature has been registered. I&#13;
regret to say that I do not remember it, if indeed&#13;
I ever knew it. Then why talk of the matter at&#13;
all, being so ignorant? Well, people like Paul&#13;
Marguerite and all his works. He appeals to the&#13;
middle classes; his books sell; he makes so many&#13;
thousand francs a year, and so, and so, one ought&#13;
to appear, at least, to know something. And what&#13;
I know is that Mr. Paul Marguerite has taken his&#13;
brother into literary partnership, and that the&#13;
firm will sign .&#13;
I am so sorry that a cracked inventor, hungry&#13;
for publicity, is annoying poor old Jules Verne.&#13;
You must have read all about it. The inventor&#13;
imagines that Verne pourtrayed him in a recent&#13;
novel, and is now suing the old gentleman for&#13;
libel. There are no libel laws, pour ainsi dire, in&#13;
France, and the inventor in question knows very&#13;
well that he can obtain nothing but the adver-&#13;
tisement. On the other hand, it seems cruel that&#13;
so old a man as Jules Verne, who is a cripple,&#13;
should be disturbed in his laborious life for such&#13;
purposes.&#13;
Did I ever tell you, by the way, that Jules&#13;
Verne has never earned more than =£800 a year in&#13;
his life?&#13;
I began this letter by writing about people of&#13;
the pen who have the faculty of working every&#13;
day with the regularity and promptitude of a&#13;
machine. Did you know that Saint-Beuve, of&#13;
the Lundis fame, used to work every day from&#13;
6 a.m. to noon, year in, year out, with a cup of&#13;
milk and a croissant for all sustenance in the&#13;
meanwhile. Afternoons he used to meander, and&#13;
was a p.m. Hyde to his a.m. Jekyll. It was a&#13;
curious contrast. One notorious afternoon, he,&#13;
who had been a sage and a gentleman in the&#13;
morning, became an ass and a cad. I refer to&#13;
that Good Friday on which he asked Prince&#13;
Bonaparte to dinner at a fashionable restaurant,&#13;
and had roast j&gt;ork, and so on, at table; such&#13;
bad taste. But in the mornings he was steadfast&#13;
and regular, although his work shews no sign&#13;
of inspired steadfastness and regularity. It reai8&#13;
as inspired.&#13;
is totally unknown \ l°U ^ ^ d%0^aKT&#13;
is as well known * 5°*Hj, ***** fe^l&#13;
about it. NoK \***tj\&amp;*&gt; JgrJT&#13;
them. \me*. .» so i0^K^°&#13;
&#13;
&#13;
## p. 122 (#158) ############################################&#13;
&#13;
122&#13;
THE AUTHOR.&#13;
NEW YORE LETTER.&#13;
New York, Oct. 12.&#13;
THE Harpers have already sold the first&#13;
edition of the number of the magazine con-&#13;
taining the first part of "The Martian," a&#13;
very unusual thing, and the issue was an extra-&#13;
ordinarily large one. The second edition is now&#13;
out. They are naturally proud of Du Maurier's&#13;
success in America, which they think has been&#13;
greater in every way than it has been in England.&#13;
Mr. J. Henry Harper said, in conversation last&#13;
week, that he believed it would be the last great&#13;
success of a three-volume novel in England. He&#13;
believes the success due much more to real&#13;
literary merit than to novelty, and cites Du&#13;
Maurier's remark to him, that he was not a new-&#13;
writer, but one who, in his dialogues in Punch,&#13;
had all his life been writing stories in which&#13;
chapters were condensed into paragraphs.&#13;
Mr. Harper said in the same conversation that&#13;
Du Maurier was particularly fortunate in having&#13;
no early inferior works on hand to throw on to&#13;
the market after his sudden success. He men-&#13;
tioned Stephen Crane, the young American&#13;
novelist, now on a short vacation in England,&#13;
whose fame was made by the "Bed Badge of&#13;
Courage," and immediately dimmed by the pub-&#13;
lication of all his earlier efforts. Mr. Harper also&#13;
spoke of certain English novelists as possible&#13;
examples of the same error.&#13;
The habits of Mr. Alden, the editor of Harper's&#13;
Magazine, throw some light on the question of&#13;
large circulations. The Harpers believe, as do&#13;
the editors of our other leading magazines, that&#13;
the postal laws have much to do with making&#13;
their success possible, even in England indirectly,&#13;
because they need to be established here in order&#13;
to publish there more costly magazines than they&#13;
could on circulations no larger than those they&#13;
have abroad. But Mr. Harper said, in the same&#13;
conversation, that the most general explanation&#13;
that could be given of the success of any one&#13;
magazine in this country was its keeping in close&#13;
contact with various classes of people in all&#13;
parts of the country. Mr. Alden not only reads&#13;
the letters written to the firm and to all of his&#13;
friends about the contents of the magazine, but&#13;
he looks over the enormous mass of manuscripts&#13;
rejected by his subordinates, in order to find out&#13;
what subjects people write about, what ones are&#13;
attracting them. He finds this one of the most&#13;
effective ways of watching those waves of interest&#13;
in special branches of literature which sweep&#13;
over the whole country, or part of the country,&#13;
at various times. The mass of the people who&#13;
submit contributions are poor writers, but intelli-&#13;
gent readers, typical of the class to which the&#13;
magazine appeals. Mr. Harper said that, in&#13;
choosing fiction, the only question considered was&#13;
the general goodness of the story, but that, in&#13;
choosing general articles, the amount of space&#13;
given to subjects of local interest and the amount&#13;
given to things of more interest abroad were care-&#13;
fully fixed.&#13;
The sub-committee of the Committee on&#13;
Patents, which has the Treloar Bill in charge—&#13;
Mr. Treloar, of Missouri, B. L. Fairchild, of New-&#13;
York, and H. C. Kerr, of Ohio—will meet in this&#13;
city immediately after the election, and will report&#13;
to Congress soon after it gets together. George&#13;
Haven Putnam believes that in the Committee&#13;
on Patents there is a small majority in favour of&#13;
the Treloar Bill, but no efforts are being spared&#13;
by the various societies interested in defeating&#13;
this obstruction to international copyright to do&#13;
what they can to get the Morrill and Bankhead&#13;
Bills passed instead.&#13;
W. D. Howells, who has a habit of discovering&#13;
a new writer every few months, has brought into&#13;
prominence Paul Lawrence Dunbar, a young&#13;
negro poet; the discovery of the past month.&#13;
Some time ago he published on his own account,&#13;
with the help of a friend, a volume of poems&#13;
called "Majors and Minors," and after Mr.&#13;
Howell's article on him Dodd, Mead, and Co.&#13;
accepted a volume called " Lyrics of Lowly Life,"&#13;
which appears this month. The young writer,&#13;
who is but twenty-three, is the son of a slave&#13;
and a freed woman, and is now in charge of an&#13;
elevator, writing in his spare moments. The&#13;
poems have originality and a certain freshness,&#13;
but no qualities that promise importance. The&#13;
writer is now becoming known to tho country on&#13;
a lecturing tour conducted by Major Pond. Mr.&#13;
Howell's discoveries during the last ten years&#13;
have made famous many young men and women&#13;
who have sunk back into obscurity again. At&#13;
one time, for instance, everybody talked about&#13;
Ironquill, the Kansas poet, now forgotten, who&#13;
also was fresh and local and sincere, but no&#13;
writer of verse. "The Negro in America," by&#13;
Fred. L. Hoffman, published by the Macmillan&#13;
Company recently, is an elaborate attempt to&#13;
show that the black race has such bad moral&#13;
qualities that it is doomed to extinction on this&#13;
continent.&#13;
Mr. Howells writes a good deal too much.&#13;
There are few of his readers who do not prefer&#13;
his earlier works. Besides his books he writes&#13;
much for the newspapers without discrimination.&#13;
A few weeks ago he had a long illustrated article&#13;
on current literary topics in the New York&#13;
World, one of the worst sensational papers in the&#13;
country. This example from the leading novelist&#13;
caused a certain amount of hostile comment.&#13;
&#13;
&#13;
## p. 123 (#159) ############################################&#13;
&#13;
THE AUTHOR.&#13;
123&#13;
The future of the essay in this country is a&#13;
subject about which there has lately been an&#13;
■uncommon rush of discussion. Mr. Charles&#13;
Dudley Warner began with a protest against the&#13;
too lenient tone of newspaper reviewers, and&#13;
since then a number of the periodicals have&#13;
treated the subject of criticism from various&#13;
points of view. The Chap-Book has been&#13;
making a speciality of it through several issues,&#13;
giving in its notes its own opinion that literary&#13;
criticism has been killed here by the lack of&#13;
demand for it, and now, when an editor invites it,&#13;
be is unable to get it, especially the kind in which&#13;
attention is given to form. Several writers have&#13;
answered this statement in the Chap-Book and&#13;
elsewhere, among those writing in the magazine&#13;
itself being Maurice Thompson and Brander&#13;
Matthews. Mr. Matthews takes the view that&#13;
criticism has never been good anywhere, but that&#13;
it is better in America now than it was in the&#13;
days of Poe, or at any other time, although by&#13;
the custom of reviewing all the leading books&#13;
of leading publishers the conditions are made&#13;
harder than they are in Prance. H. S. Stone&#13;
and Co. will publish shortly a volume of essays&#13;
"taken from the Chap-Booh, and thus test their&#13;
theory that there is a larger demand now for the&#13;
essay than the conventional publishers believe.&#13;
It is noticeable, however, from the announcements&#13;
of the leading houses, that more essays than ever&#13;
before are to appear during the coming year,&#13;
th-ere being hardly a house that does not have at&#13;
least one volume of them. Stone and Co. are&#13;
making a special attempt in building up their&#13;
new business to bring new writers to light.&#13;
Their last discovery is George Ade's "Artie,"&#13;
which is full of more or less accurate Chicago&#13;
slang, already somewhat known there through the&#13;
newspapers. Another Chicago house, Way and&#13;
Williams, also brings to notice a new writer,&#13;
I. K. Friedman, with "A Lucky Number." Mr.&#13;
Matthews, by the way, who is one of the most&#13;
ardent believers in national spirit in our litera-&#13;
ture, begins the book which the Harpers issued&#13;
last week, "Aspects of Fiction," with an essay&#13;
on " American Literature." The volume contains&#13;
some of his best work, notably an essay called&#13;
"The Penalty of Humour," in which a very high&#13;
place is given to Mark Twain.&#13;
George Santayana's "Sense of Beauty" was&#13;
published last week by the Scribners. Its value&#13;
as a philosophical treatise on aesthetics, with less&#13;
bias and a better combination of philosophic aud&#13;
artistic interests than has often been given before,&#13;
is exceptional, but from a literary point of view&#13;
the greatest attraction of the book is in the style,&#13;
which for smoothness and delicacy without pre-&#13;
cociousness probably has not its equal among&#13;
▼OL. VII.&#13;
recent American books. One interest of the&#13;
writer's attitude towards life is the mixture of&#13;
classical training and taste with a thorough belief&#13;
in the artistic possibilities of our contemporaries'&#13;
conditions. A passing reference to that one&#13;
among the American poets who in his appeal to&#13;
the more intelligent of his countrymen has to-day&#13;
no rival, unless it be Emerson, thus sums up the&#13;
secret of Whitman's power:&#13;
"But occasionally the beauties of Democracy&#13;
are presented to us undisguised. The writings&#13;
of Walt Whitman are a notable example.&#13;
Never, perhaps, has the charm of uniformity in&#13;
multiplicity been felt so completely and so&#13;
exclusively. Everywhere it greets us with a&#13;
passionate preference; not flowers but leaves of&#13;
grass, not music but" drum-taps, not composition&#13;
but aggregation, not the hero but the ave/age&#13;
man, not the crisis but the vulgarest moment;&#13;
and by this resolute marshalling of nullities, by&#13;
this effort to show us everything as a momentary&#13;
pulsation of a liquid and structureless whole, he&#13;
profoundly stirs the imagination."&#13;
The annual meeting of the National Conven-&#13;
tion of the American Association of News-&#13;
dealers, Book-dealers, and Stationers, held last&#13;
week in Boston, called attention again to the&#13;
inroads made by the great department stores on&#13;
the business of those news-dealers who sell not&#13;
only periodicals, but novels, political pamphlets,&#13;
and other lines of books. The department stores&#13;
often sell them much under the ordinary market&#13;
rate. Various efforts have been made to prevent&#13;
this, and an attempt was made to induce the pub-&#13;
lishers to refuse to sell to these stores, or to sell&#13;
at the same price as they asked for small orders.&#13;
Nothing has come of it, however. The complaint&#13;
is the same that is being made by retailers in all&#13;
branches against this new system of immense&#13;
shops, which seems to be steadily absorbing the&#13;
whole field.&#13;
Still another volume of Emily Dickenson's&#13;
poems is just out, by Roberts Brothers, resulting&#13;
from a new discovery of posthumous poems. The&#13;
demand is steadier and larger for these poems&#13;
than for those of any other American, even&#13;
Longfellow. As was especially emphasised by&#13;
the English critics, her form ig most remark-&#13;
able for its defects, and xtufortft* ifc *° t&#13;
be hard for a foreigner F boW *°UC&#13;
delicate local Bavour * XI to see in be*&#13;
abstract thought, WV,: , ,er&lt;i ia botO 1 -^e*&#13;
Englandism in it JJJ es8euCe 0*&#13;
allusions&#13;
On the list of&#13;
\Sx&lt;&gt;&#13;
ITeri^nf S5&gt;PfV&#13;
illustrates ag^*V\Y. \WT» »tt&#13;
ft&#13;
&#13;
&#13;
## p. 124 (#160) ############################################&#13;
&#13;
124&#13;
THE AUTHOR.&#13;
English branch-Louses are very rapidly extending&#13;
their American publications.&#13;
Kipling, who has been shared by four pub-&#13;
lishers, is now to be issued in uniform editions&#13;
by the Scribners, by subscription, in the&#13;
"Thistle" edition; also containing Stevenson&#13;
and Barrie. Norman Hapoood.&#13;
?»•««■&#13;
THE CHURCH CONGRESS AND FICTION.&#13;
THE Church Congress, as usual, devoted&#13;
some of its time to the discussion of the&#13;
modern novel. The Dean of Rochester&#13;
led off with the conventional joke about not being&#13;
thrilled by the hero's hairbreadth escapes, because&#13;
we know that he has got to live till the end of the&#13;
volume, at least. The novel of adventure is not&#13;
the only kind of novel, to begin with. But the&#13;
real answer to such talk is, that if the writer is a&#13;
good story-teller and knows how to hold his&#13;
reader, no such consideration can enter the mind,&#13;
which is entirely absorbed in the story. If it is not,&#13;
then the reader is defective on the side of imagina-&#13;
tion, or the writer is no true story-teller. This&#13;
concession once made to the gallery, the Dean&#13;
addressed himself to the subject of books immoral&#13;
and indecent. On the topic he spoke with force,&#13;
but with some exaggeration. One might argue&#13;
that certain books which he would call immoral&#13;
were not advanced by the author with the design&#13;
of teaching immorality, but that of exposing&#13;
evils. Then would arise the greater question as&#13;
to the limitations of art meant to be exhibited.&#13;
Or one might point out with perfect truth, first,&#13;
that the really popular authors of the day are not&#13;
immoral at all; and that books which must be&#13;
admitted to be immoral have had for the most&#13;
part a limited sale.&#13;
Canon Ainger spoke with greater originality&#13;
and much greater weight.&#13;
The evil of such books was generally not in&#13;
their grossness or in the deliberate " making the&#13;
worse appear the better reason." The danger&#13;
too often of the book was in ostentatious pre-&#13;
tensions to morality; only that it sets itself to&#13;
teach a new morality of the author's own, an&#13;
invention, an advance and refinement on the&#13;
ethics of the Gospel. But there was another&#13;
class, not so distinctly mischievous, but scarcely&#13;
less so indirectly—viz., the novel which parades&#13;
itself as the champion of religion and morality&#13;
against a Godless age, and attracts its readers by&#13;
spurious sentiment, spurious eloquence, spurious&#13;
philosophy, and, it must be added, a total absence&#13;
of humour. This kind of book sold by the&#13;
hundred thousand. The &gt;nly remedy for a taste&#13;
of this sort was improvement of education and/&#13;
the old-fashioned method of the cultivation of the&#13;
true religious sense. Great thoughts come from&#13;
the heart, and true cultivation of the heart quite&#13;
apart from book learning would teach men to-&#13;
distinguish the real from the spurious even in&#13;
the domain of literature. He would recommend&#13;
his clerical friends never to recommend "shoddy&#13;
romances" simply on the ground that they are&#13;
ostensibly on the side of faith and morals; Non&#13;
tali mtxilio. He sometimes felt tempted to reply&#13;
to some lady champion of our creed as Sir Peter&#13;
Teazle replied to Mrs. Candour—" Madam, when&#13;
I tell you the lady they are attacking is a par-&#13;
ticular friend of mine, I hope you will not take&#13;
her part."&#13;
.».«:&#13;
THE RUSSIAN PRESS BUREAU.&#13;
OFFICIALDOM in Russia grinds slowly, and!&#13;
likewise grinds exceedingly small. Nothing&#13;
could well surpass the minuteness with&#13;
which every detail relating to the special corre-&#13;
spondents at the Coronation was arranged and&#13;
supervised by the Russian Press authorities. To&#13;
begin with, every journalist and artist had to-&#13;
forward his five photographs to the Press Bureau&#13;
last March. These were stamped and counter-&#13;
signed and deposited in various archives, one&#13;
being eventually returned to the owner on his&#13;
arrival in Moscow. This was inclosed in a neat&#13;
little leather portfolio, and bore a label with the&#13;
correspondent's name and paper, granting him&#13;
permission to pass without let or hindrance, and&#13;
generally to obtain information. It was supposed&#13;
to be shown on demand, but in addition more-&#13;
obvious means were taken to ensure the recog-&#13;
nition of pressmenandartists. Thosewhowereduly&#13;
accredited were given a gilt and enamel badge to&#13;
be worn in the button-hole, and a yellow ticket&#13;
for insertion in the low-crowned top-hat of the&#13;
droshky driver for the time being. Armed with&#13;
these credentials the brethren of the brush and&#13;
pen were free to come and go where they liked,&#13;
into the Kremlin, the Imperial Palaces, and else-&#13;
where behind the scenes.&#13;
The festivities and ceremonies were concluded&#13;
in Moscow about the beginning of June, and now,&#13;
at the end of September, the various newspaper&#13;
representatives have been pleasantly reminded&#13;
that the Russian Government has not forgotten&#13;
them. With the characteristic thoroughness&#13;
which marks the proceedings of the Muscovite&#13;
bureaucracy, a packet has been forwarded to each&#13;
pressman and presswoman, containing a silver&#13;
medal, a silver token, two diplomas or certificates&#13;
in Russian, a pamphlet in French giving&#13;
&#13;
&#13;
## p. 125 (#161) ############################################&#13;
&#13;
THE AUTHOR.&#13;
125&#13;
the names of all the writers, artists, and photo-&#13;
graphers carefully classified, and a list, also in&#13;
French, of these foregoing five items. The medal&#13;
is not quite as large as a florin, and bears on the&#13;
obverse the Emperor's head with his titles, and&#13;
on the reverse the Imperial crown with the legend&#13;
"Koronovan v Moskvye (crowned in Moscow),&#13;
14 Maya 1896." Attached is a piece of blue&#13;
ribbon of the St. Andrew order. The silver&#13;
token is somewhat smaller, and bears on one side&#13;
the Imperial Crown and cyphers of Nicolas and&#13;
Alexandra, wit h the motto " V nami Bogh" (God&#13;
with us). The other side is similar to the&#13;
medal.&#13;
The diplomas set out at some length the&#13;
occasion of the presentation of the medal and&#13;
token, and authorise the donee, whose name is&#13;
spelt in his own language and in phonetic&#13;
Russian, to wear these decorations.&#13;
La3tly, the catalogue gives elaborate particulars&#13;
as to the 250 correspondents. Of these 97 were&#13;
Russian, with 47 artists, 15 of whom were&#13;
members of the Academy of Fine Arts, the famous&#13;
Repin being one of the number. Of the foreign&#13;
Press representatives, France headed the list with&#13;
24, England and Germany came next with 18&#13;
a-piece, and America sent 7. The other nation-&#13;
alities contributed 2 7 altogether. E ven Japan was&#13;
represented by Mr. Asahina Ohisen, editor of the&#13;
Tokio Nichi-Nichi Shimbun, and by another&#13;
pressman. The list concludes with the names of&#13;
57 Russian and foreign photographers authorised&#13;
to take views.&#13;
The whole affair is a marvel of elaboration, as&#13;
indeed were the arrangements at the Press&#13;
Bureau in the Rakhmsinovski Pereulok at Moscow&#13;
at the time of the Coronation. These final&#13;
souvenirs, the despatch of which had been care-&#13;
fully timed to take place during the Tsar's visit&#13;
to Great Britain, will long be treasured by those&#13;
who were fortunate enough to be present at one&#13;
of the greatest spectacles of the century.&#13;
Arthur A. Sykks,&#13;
Special Correspondent at the Tsar's&#13;
Coronation.&#13;
NOTES AND NEWS.&#13;
AT the last—the fortieth—annual meeting of&#13;
the Birmingham Literary Association,&#13;
the President, Mr. J. J. Moffatt, seized&#13;
the opportunity to advance a few plain truths on&#13;
the position and the work of the society. We&#13;
gather from his remarks: first, that the society&#13;
numbers 250 members: that they hold debates&#13;
VOL. VII.&#13;
and fortnightly meetings: that these meetings&#13;
have not been, of late, numerously attended:&#13;
that the society gives every year two prizes to&#13;
the Midland Institute: and that, in his opinion,&#13;
the society should do something more tangible&#13;
and definite for literature. He proposed, for&#13;
instance, the foundation of a lectureship on&#13;
English Literature.&#13;
The question raised by this address is not&#13;
whether Birmingham has, or has not, done any-&#13;
thing for the "encouragement" of literature,&#13;
but what literary societies as a rule might, or&#13;
could, do. It seems to me that they could do a&#13;
very great deal for the creation and the mainte-&#13;
nance of sound and wholesome taste: for the&#13;
cultivation of the poetic side of a time too prac-&#13;
tical: for the suppression of the froth and&#13;
frivolity that is now read in such vast quantities&#13;
and bought up so eagerly. This kind of work&#13;
could be carried out in many ways: by lectures:&#13;
by discussions: by courses of reading: by ex-&#13;
aminations: by scholarships and prizes. Young&#13;
people want that kind of direction in their&#13;
reading which will lead them up to the levels&#13;
where it becomes impossible to read a book&#13;
badly written, creeping, vulgar. Such work&#13;
carried on in a great city like Birmingham might&#13;
in a short time revolutionise the reading of the&#13;
people.&#13;
Another function of the Literary Society might&#13;
be very useful, and so far it has never been&#13;
attempted. It is this: the reviews of books which&#13;
appear in many provincial papers are mere worth-&#13;
less notes, written hurriedly by some young&#13;
reporter who simply has no time to read the&#13;
books. It is well if he does not carry off his&#13;
ignorance of the book by some ill-bred and spite-&#13;
ful snarl. Of course there are many exceptions&#13;
to this apparently sweeping statement; and there&#13;
are many provincial papers where the literary&#13;
department is as well looked after as the political&#13;
or the local. The proposal, however, is that the&#13;
Literary Society should take over the literary&#13;
department of local papers, and should furnish&#13;
them with reviews of selected books, carefully&#13;
written, by members who would undertake to read&#13;
the books and to chat pleasantly over tne""&#13;
contents. A bad, vulgar, or immoral book-would&#13;
be passed over in silence unless it became&#13;
occur. The Liter'* J*^ ™uld f&gt;?«-&#13;
pay the reviewer Rt!I ™% 8u0^4' V tP ^&#13;
ordinary pay of Q****^ \&#13;
the scheme, W £0-&#13;
paper would ^ ^ ^ ^ ^"Ltat* V^5&#13;
duction to wlx ^ ^\k te^ ^ ,£P Q%&#13;
would order t^^V^ &gt;^ ot 60, » 0,&#13;
&#13;
&#13;
## p. 126 (#162) ############################################&#13;
&#13;
126&#13;
THE AUTHOR.&#13;
ask for them at their libraries. To increase and&#13;
spread abroad the demand for good books is surely&#13;
an object worthy the attention of every Literary&#13;
Society.&#13;
A Literary Society, especially in a huge city&#13;
like Birmingham, should be missionary in its&#13;
character, and aggressive. It should stretch out&#13;
its arms in every direction: it should endeavour&#13;
to reach with its lectures and its courses of&#13;
reading every class—the shop boy and the shop&#13;
girl: the working man and the working woman:&#13;
it should have centres and branches and local&#13;
secretaries: it should teach history and social&#13;
economics: it should take poetry to the people:&#13;
it should encourage the young people to read&#13;
good books by examination and prizes: it should&#13;
teach them what good writing means: it should&#13;
encourage them to attempt, themselves, the&#13;
expression of their thoughts.&#13;
Would it not, further, be possible for such a&#13;
society to affiliate itself with the Society of&#13;
Authors? It could do much for our Society in&#13;
its own centre; we could do much for that society&#13;
"by our own organisation and the help of our&#13;
members. .&#13;
The number of members elected on Wednes-&#13;
day, Oct. 14th, was, as has been announced&#13;
elsewhere, sixty-two, which is extremely satis-&#13;
factory. It is always found thai after one of&#13;
the usual series of letters in the papers abusing&#13;
and misrepresenting the Society, an increased list&#13;
of candidates appears at the next meeting of&#13;
committee.&#13;
Meantime, how are these new members consti-&#13;
tuted? Out of the sixty-two new members there&#13;
were twenty-one novelists; the rest represented&#13;
various other branches of literature. The weakest&#13;
branch so far as our meml&gt;ers are concerned is that&#13;
of education. Yet it ought to be the strongest,&#13;
because there is no kind of literary property more&#13;
real and more valuable than that of education.&#13;
At the same time there is none which wants more&#13;
light and more exposure. The deferred royalties:&#13;
the miserable royalties: the wretched sums&#13;
advanced: call aloud to be dragged into the light.&#13;
Of course, there are other reasons, in educational&#13;
books, why an author desires publication. Yet&#13;
in this, as in every other branch, every man who&#13;
has property to be administered should take care&#13;
that his estate is administered, or sold, on&#13;
business principles. Tor this reason let the&#13;
educational writer come to the Society, When&#13;
the educational sub-committee, now sitting,&#13;
has sent in its report we shall perhaps be in a&#13;
better position to command the confidence of&#13;
these writers.&#13;
A most amazing letter appears in a paper&#13;
which, it appears, advertises for stories. We&#13;
learn from the editor's note that the writer of the&#13;
letter has "conveyed" a story from another&#13;
paper, changed the title, put his own name at the&#13;
end, and sent it in to the editor. Apparently,&#13;
either before or after publication, the editor dis-&#13;
covered the thing, and, very naturally, complained.&#13;
The conveyancer writes a letter in which he&#13;
explains his methods. The claim that he might&#13;
crib a story which was not "reserved"—what-&#13;
ever that may mean—is really delightful: "You&#13;
do not actually advertise for original stories, and&#13;
the source from which 'A Ghostly Smoker'&#13;
was derived, namely, 'A Ghost that Smoked,'&#13;
was taken from the halfpenny novelette 'The&#13;
Mayflower,' and as it had no mention of being a&#13;
reserved story, I cannot altogether understand&#13;
why you are holding me up to public ridicule,&#13;
especially in view of the fact that some journals&#13;
accept short stories non-original if no reserve&#13;
rights exists, and it is difficult to draw the line&#13;
where no reserve rights are mentioned. With&#13;
reference to the short stories I sent you in, for&#13;
example, 'Nora,' &amp;c, the plots resemble those&#13;
they were taken from, but the reading is altered,&#13;
and in this respect tales which appear, and con-&#13;
tinue to appear occasionally, have their origin in&#13;
the same way: in a love story, for instance, the&#13;
beginning and ending is generally practically the&#13;
same."&#13;
We shall probably hear a good deal more of&#13;
this kind of thing. The journals which advertise&#13;
for short stories can now be reckoned by the&#13;
hundred. Many of them pay fairly well for their&#13;
MSS. There are a great many ladies who live&#13;
and make reasonably good incomes by writing&#13;
short stories. Some of the papers have a large&#13;
staff of ladies upon whom they mainly depend;&#13;
from all quarters we hear of clerks, working&#13;
girls of all kinds, young and old, driving the pen&#13;
in the attempt to make an addition to their&#13;
incomes in this way. In fact, story-telling must&#13;
be recognised as one of the professions of the&#13;
day. There is so great an abundance of short&#13;
stories buried in the past and present pages of&#13;
magazines and journals: there is so great a&#13;
temptation to disj in these mines for plots and&#13;
characters and situations, that we must not be&#13;
surprised to hear of wholesale pilfering. Fortu-&#13;
nately, the greater the success of this subter-&#13;
ranean work, the more it is published in papers&#13;
of wide circulation, the more likely it is to be&#13;
detected; some one or other is sure to find it out&#13;
and to proclaim it. Meantime, one would suggest&#13;
a simple means of dealing with such a case, pro-&#13;
vided that the editor did not prosecute. It is to&#13;
&#13;
&#13;
## p. 127 (#163) ############################################&#13;
&#13;
THE AUTHOR.&#13;
127&#13;
send the name and address of the offender to the&#13;
secretary of this Society, to be by him sent to&#13;
every editor in London.&#13;
Sir Walter Beaut will be interested to learn that Mrs.&#13;
Cowden-Clarke's experience of publishers has been "most&#13;
agreeable. Contrary," she says, " to the prejudiced opinion&#13;
sometimes expressed that authors and publishers are often&#13;
antagonistic in their transactions, I hare invariably met with&#13;
courtesy and kindliness. Ever since an interview I once&#13;
had with Lord Byron's John Murray, another that I had&#13;
with Mr. Colburn, I have been treated with consideration,&#13;
and even with amiability."&#13;
The above is a cutting from an evening paper.&#13;
I cut it out and reproduce it here because it is a&#13;
model of muddleheadedness from beginning to&#13;
end. This good lady, Mrs. Cowden-Clarke, says&#13;
that though there is a "prejudiced opinion " that&#13;
authors and publishers are " often antagonistic"&#13;
in their transactions, yet she has been always&#13;
treated with courtesy. Who denies the courtesy?&#13;
"What has that got to do with the unsettled&#13;
questions between author and publisher? It is&#13;
the very essence of business that it must be con-&#13;
ducted with courtesy. And why should I be&#13;
interested to learn that this lady has been treated&#13;
with courtesy? What has the critic got into his&#13;
head? My friends have been bringing to light&#13;
and publishing, so that all may read, the whole&#13;
business of producing a book. This has roused&#13;
th.e wrath of certain persons who prefer the works&#13;
of darkness. But they may still remain deeply,&#13;
be-autifully courteous. They may be as courteous as&#13;
Castilians, even when they present an agreement&#13;
based on an assumption of the author's absolute&#13;
ignorance. oi_&#13;
The following sums have been received by Miss&#13;
Ellen T. Masters, of Mount-avenue, Ealing, in&#13;
response to her appeal on behalf of Mrs. Eliza&#13;
Warren, since the publication of the last list.&#13;
The total amount now reaches ,£57 4*. yd.&#13;
£. *. d.&#13;
Forrester, Mrs. .. o 10 6&#13;
Turing, Herbert,&#13;
Esq. (per) o 7 6&#13;
£. s.&#13;
Parr, Miss (per)... o 1&#13;
West, Miss 1 o&#13;
d.&#13;
0&#13;
o&#13;
Walter Besant.&#13;
BOOK TALE.&#13;
AN interesting announcement is made by&#13;
Messrs. Bell of a book on the late&#13;
William Morris as an industrial and&#13;
decorative artist, which they hope to have out by&#13;
Christmas. The writer is Mr. Aymer Vallance,&#13;
a disciple of Mr. Morris, and he will give thirty&#13;
to forty full-page plates and other illustrations,&#13;
for which all branches of Mr. Morris's work—in&#13;
tapestries, carpets, wall-papers, stained glass, &amp;c.&#13;
—have been requisitioned. The volume will be&#13;
entitled "The Art of William Morris: An Illus-&#13;
trated Record," and, in addition to other features,&#13;
Mr. Temple Scott is preparing for it a bibliography&#13;
of practically everything which Mr. Morris&#13;
wrote.&#13;
The title of Mr. Justin Huntly McCarthy's&#13;
new novel is "The Royal Christopher." It is&#13;
announced by Messrs. Chatto and Windus for&#13;
next week.&#13;
Mr. Gilbert Parker has completed a new story,&#13;
which will be called "The Pomp of the&#13;
Lavilettes."&#13;
Dr. Conan Doyle's new work, " Rodney Stone,"&#13;
will appear this month.&#13;
Mr. Kipling's volume of poems, "The Seven&#13;
Seas," is almost due from the publishers, Messrs.&#13;
Methuen.&#13;
A story by Mrs. Aylmer Gowing, entitled&#13;
"Goods of Gold," will be published in a few days&#13;
by Messrs. White.&#13;
Mr. Hardy is revising his story " The Pursuit&#13;
of the Well-Beloved." It will not come out until&#13;
the spring, and will then be the last volume in&#13;
the collected edition of his Wessex Novels pub-&#13;
lished by Messrs. Osgood.&#13;
"A Pyschic Vigil," the work of an anonymous&#13;
hand, is among the books announced by Messrs.&#13;
W. H. Allen and Co.&#13;
A novel of Yorkshire village life, by "Mary-&#13;
Beaumont," the author of '• A Ringby Lass," will&#13;
be published this autumn by Messrs. Dent.&#13;
Miss Violet Hunt has completed a story&#13;
entitled "The Way of Marriage," and Miss&#13;
Winifred Graham one called " A Strange Solu-&#13;
tion," both of which will be published by Messrs.&#13;
Chapman and Hall.&#13;
Mr. J. S. Fletcher has written a historical&#13;
romance of the Civil Wars, entitled "Mistress&#13;
Spitfire," which will be published bv Messrs.&#13;
Dent,&#13;
Messrs. Chapman and Hall are publishing soon&#13;
a volume of travel through Sa\tb.alien and the&#13;
remoter parts of Sihpria ~ a "The New&#13;
Siberia," by Mr. Har^f Lr of " ^&#13;
Pekin to Calais by lLaMt'aut lorks-&#13;
Mr. Israel ZaL^ *** &amp; t&#13;
stories dealing » on » *V *J&#13;
East, and ont ^Mfc &lt;M S^C^&#13;
mas number o£ v»*fcttt Tf\\A ;« &amp;e&#13;
by Mr. Arth^ ^ ««." a fpj*&#13;
ElkinMathe^ ^ &gt; V*&#13;
&#13;
&#13;
## p. 128 (#164) ############################################&#13;
&#13;
128&#13;
THE AUTHOR.&#13;
Mr. William Koberts is writing upon the art&#13;
sales which have taken place at Christie's well-&#13;
known auction rooms. The work will be in two&#13;
volumes, with many illustrations, and one of its&#13;
chief purposes is to indicate the various ups and&#13;
downs of the numerous English and foreign&#13;
schools of paintings for the past century and a&#13;
and quarter. It is to appeal to the general reader,&#13;
and Messrs. Bell hope to publish it in December.&#13;
Lord Roberts' volume of Indian reminiscences&#13;
will appear this month. It will contain portraits&#13;
of Lord Clyde, Lord Napier, Sir James Outram.&#13;
and others.&#13;
Gen. Sir Evelyn Wood is publishing, through&#13;
Messrs. Bell, a work on "Achievements of&#13;
Cavalry."&#13;
A book about the Indian Mutiny is being&#13;
published soon by Messrs. Kegan, Paul, and Co.,&#13;
edited from Gen. Alexander's MS. by Mr. F. W.&#13;
Pitt. The title is "Incidents in India and&#13;
Memories of the Mutiny ; with some Account of&#13;
Alexander's Horse and the ist Bengal Calvary."&#13;
A history of the Monastic Orders has been&#13;
written for English readers by the Rev. F. C.&#13;
Woodhouse. and will shortly appear from the&#13;
house of Wells Gardner, Darton, and Co.,&#13;
entitled " Monasticism, Ancient and Modern."&#13;
"On Southern EngUsh Roads," by Mr. J. J.&#13;
Hissey, will be published this season by Messrs.&#13;
Bentley. There will be a route map, and nume-&#13;
rous illustrations from the author's sketches.&#13;
A new uniform edition of the novels by Mr.&#13;
James Baker, author of "John Westacott," is&#13;
being prepared for issue by Messrs. Chapman and&#13;
Hall. This author also will appear with a novel&#13;
of the fifteenth century during the present season.&#13;
Mr. Sidney Pickering has written a novel&#13;
which will be published shortly by Messrs.&#13;
Lawrence and Bullen, entitled "Margot."&#13;
Great activity prevailed in the book world&#13;
during October. From Sept. 22 to Oct. 21&#13;
there were published (according to the lists in the&#13;
London papers) 455 books, exclusive of annual&#13;
volumes of periodicals or books in foreign lan-&#13;
guages. The number is distributed sectionally&#13;
as follows:—Fiction, 162; Theology and Philo-&#13;
sophy, 49; Poetry, 23; Biography and Auto-&#13;
biography, 22; History and Politics, 20; Edu-&#13;
bation, 17; Art and Belles Lettres, 17; Science&#13;
and Natural History, 10; Travel, 10; Medical, 2;&#13;
Reprints, new editions, and translations, 86;&#13;
Miscellaneous, 37.&#13;
Dr. Richard Garnett is editing the Public&#13;
Library Series, which is one of Mr. George Allen's&#13;
enterprises. The following volumes have been&#13;
arranged for: "Library Construction and Archi-&#13;
tecture," by Mr. J. J. Burgoyne; "The Free&#13;
Library," by Mr. J. J. Ogle; "Library Adminis-&#13;
tration," by Mr. A. W. Robertson; "The Prices&#13;
of Books,"* by Mr. H. B. Wheatley.&#13;
Mrs. Warren Clouston is the writer of a volume&#13;
on " Early English Furniture," which Mr. Edward&#13;
Arnold will publish. It will have a number of&#13;
illustrations of work done by the English cabinet-&#13;
makers of olden days.&#13;
"Prehistoric Man and Beast" is the title of a&#13;
new work by the Rev. H. N. Hutchinson, the&#13;
author of " Extinct Monsters." It will be pub-&#13;
lished by Messrs. Smith, Elder, and Co., with a&#13;
preface by Sir Henry H. Howorth, M.P., and&#13;
drawings by Mr. Cecil Alden.&#13;
The Glasgow Newsagents' and Booksellers'&#13;
Union has resolved to allow discounts on&#13;
magazines no longer. Henceforth the full&#13;
publishing prices will be charged.&#13;
Mr. Edward Pennington, a Scottish journalist,&#13;
is writing a book on Sam Bough, who was a&#13;
well-known figure in Edinburgh art circles of his&#13;
day. The work will deal entirely with the&#13;
artistic side of the painter's life.&#13;
Dean Farrar's new book, "The Bible: Its&#13;
Meaning and Supremacy," will be published&#13;
immediately by Messrs. Longmans.&#13;
Authors who observe the remarkable cheapness&#13;
of paper will be interested in the following note&#13;
from the New York correspondent of the Daily&#13;
Mail: "One of our leading paper experts has&#13;
organised a mammoth stock company for starting&#13;
paper-making on American lines near London.&#13;
The capital is all subscribed, and important&#13;
developments will follow. Attention will be&#13;
chiefly devoted to paper for newspapers, but&#13;
calendered papers will be a speciality. The stock&#13;
is held by leading paper men here. Experts have&#13;
been reporting on the situation in England ever&#13;
since the World's Fair, where the scheme had its&#13;
inception. It is claimed that the American mills&#13;
will be able to undersell English manufacturers,&#13;
and to supply a superior article. I will cable&#13;
details in a few weeks."&#13;
The second volome of "Literary Anecdotes of&#13;
the Nineteenth Century," by Dr. Robertson&#13;
Nicoll and Mr. T. J. Wise, will be published&#13;
shortly. Among the contents will be a hitherto&#13;
unpublished tale by Charlotte Bronte; a review&#13;
of Mr. Meredith's "The Shaving of Shagpat,"&#13;
written by George Eliot in the Leader; and a&#13;
number of letters by Elizabeth Barrett Browning&#13;
which have not previously been published.&#13;
A volume of verse by the late distinguished&#13;
scientist, Mr. G. J. Romanes, is to appear from&#13;
&#13;
&#13;
## p. 129 (#165) ############################################&#13;
&#13;
THE AUTHOR.&#13;
129&#13;
Messrs. Longmans on an early date, with an intro-&#13;
duction by Mr. Herbert Warren, the President of&#13;
Magdalen College, Oxford. The same firm have&#13;
also a collection of essays by Mr. Romanes on&#13;
their list of forthcoming books.&#13;
Mr. William C. Hazlitt promises some new&#13;
material concerning Charles Lamb and his sister&#13;
in his volume to be published shortly by Mr.&#13;
Elkin Mathews, entitled, "The Lambs; Their&#13;
Lives, their Friends, and their Correspondents."&#13;
Messrs. Smith, Elder, and Co. will publish in&#13;
the course of November a one-volume novel&#13;
(price 6*.) entitled " Drifting," by Archie Arm-&#13;
strong.&#13;
Mr. Henry Charles Moore has been awarded&#13;
the £200 prize offered by Messrs. Partridge&#13;
and Co. for the best story sent into them. It is&#13;
a story of adventure in Burraah, and will be pub-&#13;
lished as a serial in the Osborne.&#13;
George Moore. Cosmo-&#13;
Pi.. T. Q. C. Speaker for&#13;
F. Reginald Statham.&#13;
I. Bookman&#13;
LITERATURE IN THE PERIODICALS.&#13;
Copyright Reforms. The New Saturday for Oct. 24.&#13;
A Question in Copyright. "Nullum Tempos Occurrat&#13;
Honestati." Letter in the Spectator for Oot. 10.&#13;
American Criticism To-Day. Brander Matthews.&#13;
Chap-Book for Oot 1.&#13;
Criticism. I. Zangwill. Inter alia in "Without Pre-&#13;
judice." Pall Mall Magazine for November.&#13;
Sensation Novels. World for Oct. 24.&#13;
The Legitimate Uses of Fiction. Ingrad Harting-.&#13;
Girl*' Own Paper for November.&#13;
The Moral Idea in Fiction.&#13;
polie for October.&#13;
The Moral Idea in Fiction.&#13;
Oct. 17 and 24.&#13;
The Real Robert Elsmere.&#13;
New Review for October.&#13;
Copyright At Home. W. Morris Colles.&#13;
for October.&#13;
What to Read. Addresses by Sir Arthur Arnold and&#13;
■Sir Theodore Martin. The Daily Chronicle for Oct. 19&#13;
and 21.&#13;
Journalism as a Profession. Fred Wilson. West-&#13;
minster Review for October.&#13;
The Photographic Copyrioht Union : Its Position and&#13;
IProspeots. The Photographers' Record for October.&#13;
Books as Comforters of the Soul. Spectator for&#13;
Sept. 26, and ensuing correspondence on Oct. 3, 10, and 17.&#13;
Browning's Theism. Josiah Boyce. The New IForld&#13;
for September.&#13;
Love-Lore from Abbotsford. Two hitherto unpub-&#13;
lished letters of Sir Walter Scott's. Girls' Own Paper for&#13;
November.&#13;
The Sir Walter Scott Memorial. Lord Lothian.&#13;
Letter in the Times for Oct. 7.&#13;
The Decline of the Political Novel. Glasgow&#13;
Herald for Oot. 10.&#13;
Re-reading. Spectator for Oot. 24.&#13;
Fashionable Life in Fiction. British Review for&#13;
&lt;Oct. 24.&#13;
Penny Dreadfuls. Correspondent to the Daily&#13;
Telegraph for Oct. 23; leading article Oct. 24.&#13;
The BOOKSELLING Question. Letter by "Ex-Pub-&#13;
lisher " in the Publishers' Circular for Sept. 25; by " Good-&#13;
will " in Oot. 3.&#13;
William Morris. Walter Crane. The Progressive&#13;
Review for November.&#13;
George du Maurier. R. C. Lehmann. Speaker for&#13;
Oct. 10.&#13;
Humour in Poetry. National Observer for Oot. 24.&#13;
The Boy in Fiction. The New Saturday for Oct. 3.&#13;
The Sale Dinner. The Daily Chronicle for Oct. 24.&#13;
Revelations of an Album. (Containing reminiscences&#13;
of Charles Beade and other writers.) Joseph Hatton.&#13;
The Idler for October.&#13;
Notable Reviews.&#13;
Of L. R. Farnell's "The Cult of the Greek States."&#13;
Franklin T. Richards. Academy for Oct. 17.&#13;
Of Walter Pater's " Gaston de Latour." Athtnieum for&#13;
Oct. 17.&#13;
Of '• Ian Maclaren's" "Kate Carnegie and Those&#13;
Ministers." Professor Marcos Dods. British Weekly for&#13;
Oot. 22.&#13;
Of the Carrow Library Catalogue (" Bibliotheca Norfol-&#13;
ciensis "). Eastern Daily Press for Oot. 22.&#13;
Of B. A. M. Stevenson's "The Art of Velasquez."&#13;
Athenicum for Oct. 24.&#13;
The law of Copyright, says the New Saturday,&#13;
is at present in a condition of muddle; and the&#13;
task of clearing it up, so that no author would be&#13;
left in doubt as to his rights, would be worthy the&#13;
best efforts of a great statesman. The presump-&#13;
tion is strong, says our contemporary, that the&#13;
new Copyright Bill drafted by the Society of&#13;
Authors, the Publishers' Association, and the&#13;
Copyright Association, while useful in its way,&#13;
"will not be found to provide for that final&#13;
settlement of all vexed questions which commends&#13;
itself to the thorough-going advocates of reform."&#13;
Although it is a step on the right road:&#13;
Idealists would like to see a large measure, arranging,&#13;
among other things, to make copyright perpetnal, so that&#13;
the writer of a popular book might have as good a chance of&#13;
founding a family as the compounder of a popular&#13;
patent medicine.&#13;
This same question of the perpetuity of&#13;
copyright is raised by "Nullum Tempus Occurrat&#13;
Honestati " in the Spectator. The correspondent&#13;
believes that if a writer leaves his copyright to a&#13;
college on trust for the charitable and educational&#13;
purposes of the institution, the copyright is&#13;
thereby made perpetual. But suppose a writer,&#13;
wishing to provide f or his Vidcm or children by&#13;
leaving them his copyright ilk »nd *3&#13;
thereupon keep the ffl *?*&#13;
before its time to WW tffl, 81* hcu, M&#13;
making a presejXTj J^re ■ Can M &gt;K&#13;
college, prevent U&lt;* ^rk\^ n &lt;fe&#13;
from expiring 'J* foe uv" 0 tf&gt;&#13;
should WvS*. «f*J?- ^ « &amp;&#13;
&#13;
&#13;
## p. 130 (#166) ############################################&#13;
&#13;
THE AUTHOR.&#13;
it for nineteen years to his widow, and then in&#13;
perpetuity to a college?&#13;
The need of competent criticism is felt more&#13;
sharply in America to-day than ever before, says&#13;
Mr. Brander Matthews. But there has been no&#13;
falling off; on the contrary, there are more honest&#13;
and capable critics in the United States now than&#13;
there were in any period of the past. Really&#13;
great critics, he observes, have always been&#13;
very scarce everywhere ; far scarcer than great&#13;
novelists or great dramatists. The important point&#13;
of his article is its emphasis of the desirability,&#13;
and observance of the growing popularity, of the&#13;
signed criticism. One of the chief reasons, he&#13;
says, why criticism is finer and more influential&#13;
in France than it is in either Great Britain or&#13;
the United States, is that the critic in France&#13;
warrants his opinions with his signature, saying&#13;
boldly what he has to say about another man's&#13;
work, with no mask of skulking disguise.&#13;
Authors of experience know the immense superi-&#13;
ority of the signed to the unsigned book review,&#13;
and so does the general public. The practice is&#13;
spreading, and in time may become general:—&#13;
It will have the disadvantage, of course, of putting an&#13;
increased premium ou the work of the writers who have&#13;
well-known names; but, after all, the writers with the well-&#13;
known names are probably those who best deserve to be&#13;
*^»own. And, on the other hand, it will have the advantage,&#13;
I think, of increasing the class of writers who are not&#13;
multifarious as the ordinary newspaper reviewer is now&#13;
forced to pretend to be, but who have educated themselves&#13;
in one or more specialties. It will aid in developing critics&#13;
who may fairly be called experts in poetry and in fiction.&#13;
Mr. Zangwill also touches on the subject of&#13;
criticism, which may be, he says, an inductive&#13;
science. With this distinction, however—that the&#13;
critic must be a judge as well as an analyst.&#13;
The power of recognising colours or of counting legs is&#13;
common to mankind; the power of recognising fine humour&#13;
and true poetry belongs only to the few; and criticism can&#13;
only be made scientific by the hypothesis of a great critio,&#13;
whose palate is accurately sensitive, who sums up the taste&#13;
of the highest spirits of his day much as a great poet sums&#13;
up their emotion or intellect&#13;
But the critic can at any rate judge by genres,&#13;
tasting every book by the standard of its own&#13;
aim. He has a right to demand form, but no&#13;
right to object to any form the author may&#13;
choose. Passing on to define the naturalistic&#13;
novel, Mr. Zangwill says that from the artistic&#13;
standpoint, naturalistic novels must be primarily&#13;
gauged not by the truth in them, but by the&#13;
art in them. There is only one test. Do they&#13;
stimulate? Then they are art despite all their&#13;
science! Do they depress &gt; Then, whatever else&#13;
they are, they are not art. In short:&#13;
Every novel that deals truly with life is naturalistic—in&#13;
fact, the word novel should mean the " naturalistic novel"&#13;
—any other kind of story should be classified as romance.&#13;
Mr. Zangwill, finally, might be replying to^some&#13;
of the criticism made in the Church Congress&#13;
discussion on literature, when he say that " a book&#13;
is not a thing that has a definite self-existence ;.&#13;
it needs the co-operation of the reader's mind."&#13;
While the World is extolling the virtues of the&#13;
sensation novel, and saying that at the present&#13;
moment in the largest and best sense it holds a&#13;
popularity which has never been greater, Mr.&#13;
George Moore writes in Cosmopulis that the&#13;
English novel has never stood up to the great&#13;
moral questions as Shakespeare stood up to them,&#13;
in " Lear," "Macbeth," and "Othello," and that&#13;
by consequence it has never produced a novel of&#13;
the first order. For the test of an essentially,&#13;
great novel is that it deals with primary moral&#13;
ideas, and judged by this test prose fiction began&#13;
with Balzac, and has been continued by Flaubert,&#13;
Tourgueneff, and Tolstoi:—&#13;
If the reader will turn from Balzac to his favourite Saxon&#13;
novelist, Fielding or Thackeray, he will find there men and&#13;
women admirably observed in their superficial appearanoes;&#13;
he will find men and women depicted as we see them; each&#13;
will be Btamped with his or her age, and with the habits&#13;
and customs of his or her class. But the emotions which&#13;
move them will be always secondary emotions. . . .&#13;
That we do not express ourselves as openly as Fielding is-&#13;
an unimportant literary accident. The essential is that the&#13;
Saxon discovered the materialist novel in " Tom Jones," and&#13;
liked it so much that he has gone on producing it ever since.&#13;
"Ex-Publisher," writing on the congested con-&#13;
ditions of retail bookselling, which is "not really&#13;
abnormal," says the time seems to have arrived&#13;
when the publishers should seriously consider as-&#13;
to the adoption of the "sale or return" system&#13;
in some modified form.&#13;
The two new letters by Sir Walter Scott concern&#13;
his son's love affairs, principally asking an exten-&#13;
sion of Christmas leave from the lad's regiment&#13;
in order that these might be arranged.&#13;
Journalism, if it is to be judged by the salaries&#13;
paid its members, must take rank with the-&#13;
unskilled trades, says Mr. Fred. Wilson. So he&#13;
would have the profession form a mutual and&#13;
protective society, the Institute of Journalists not&#13;
being, in his opinion, an effective body.&#13;
A writer of penny dreadfuls champions the&#13;
cause of the fraternity, which it appears possesses&#13;
a small Association. This literature he calls a&#13;
"really high-principled form of amusement."'&#13;
The highwaymen and harum scarum lads depicted&#13;
therein are never found triumphant in the end:&#13;
on the contrary, they are all either stabbed or&#13;
otherwise disposed of in a proper manner." The&#13;
Daily Telegraph, in whose columns the letter&#13;
appears, advises the Association to keep pegging&#13;
away in the cause of virtue, and, if possible, to let&#13;
their high moral aim appear even more conspicu-&#13;
ously than at present.&#13;
&#13;
&#13;
## p. 131 (#167) ############################################&#13;
&#13;
THE AUTHOR.&#13;
l3'&#13;
THE BERNE INTERNATIONAL LITERARY&#13;
AND ARTISTIC CONGRESS.&#13;
REPORT OF THE BERNE INTERNA-&#13;
TIONAL LITERARY AND ARTISTIC&#13;
CONGRESS, held from the 22nd to the 29th&#13;
August, 1896. *&#13;
Translated from Le Droit d'Auteur, organe offioiel da&#13;
Bnrean de 1'Union internationale pour la protection des&#13;
oeuTres litt&lt;5raires et artistiques. Neuvii-me anni;e. No. 9,&#13;
page 118.&#13;
I.—General Survey.&#13;
THE annual congresses of the International&#13;
Literary and Artistic Association follow,&#13;
but do not resemble one another. This&#13;
assertion may appear trivial, but the fact is of&#13;
profound significance. It is, in reality, a con-&#13;
sequence of circumstances of some importance—&#13;
the condition of the international protection of&#13;
copyright (a condition which is ceaselessly alter-&#13;
ing), the nature and origin of the works laid&#13;
before the Congress, and finally the choice of the&#13;
place of meeting.&#13;
The previous congresses, especially those of&#13;
Milan, Antwerp, and Dresden, have resembled a&#13;
preliminary general review of forces. They were&#13;
organised with a view of drawing together im-&#13;
pressive assemblies of authors, and artists, and&#13;
also in order that the authors and artists might&#13;
for-mulate their claims in a satisfactory manner;&#13;
because the revision of the Berne Convention&#13;
seemed to be imminent. All their reports bore&#13;
evidence to one solid central aim, which was to&#13;
bring the compact of union to a state of perfec-&#13;
tion as quickly as possible. The Dresden Con-&#13;
gress, the first held in the German Empire, was&#13;
especially important, both on account of the&#13;
large attendance of German authors and pub-&#13;
lishers, and also on account of the general pro-&#13;
clamation of the "desiderata" of authors of&#13;
every language and of various shades of opinion.&#13;
This year the situation was changed. The&#13;
diplomatic conference at Paris had, in the spring,&#13;
undertaken the difficult task of bringing forward,&#13;
necessary changes in the constitution of the&#13;
union, and, until its decisions should be definitely&#13;
sanctioned, an interval of rest seemed indis-&#13;
pensable.&#13;
Berne enjoys the honour of being the seat of&#13;
the International Bureau of the Union, and&#13;
Berne, which one of the speakers at the Congress&#13;
was kind enough to designate the citadel and&#13;
sanctuary of international protection of intel-&#13;
lectual works, showed itself deserving of the&#13;
choice by exactly hitting, as it seems to us, the&#13;
* Compare the Author, August, 1896, page 56. (Trans-&#13;
lator's note.)&#13;
happy mean of a welcome exempt from display,&#13;
but full of cordiality, and of a friendly hospi-&#13;
tality without ostentation.&#13;
II.—The Work of the Congress.&#13;
The business sittings of the Congress were held&#13;
in the " Salle du Conseil des Etats." These sittings,&#13;
of the usual number of eight, were of a very&#13;
laborious character, so that it was found possible&#13;
to complete, under the firm and able guidance of&#13;
M. Pouillet, almost the whole programme, although&#13;
it was a very long one.&#13;
In this sketch of the labours of the Congress&#13;
we shall follow the order of the connected subjects&#13;
as they appear in the arrangement of resolutions&#13;
adopted, rather than the order of the sittings.&#13;
We place first the reports, which consisted simply&#13;
of records, and were of the nature of minutes.&#13;
Report upon the Labours of the Paris&#13;
Confcrence.&#13;
The Conference having at its first sitting&#13;
appointed its officers,* and having listened with&#13;
interest to the addresses of welcome of a number of&#13;
delegates, commenced its agenda with the study&#13;
of a subject of the highest moment, the revision&#13;
of the Berne Convention by the Paris Diplomat it-&#13;
Conference. M. Georges Maillard, who had been&#13;
one of the secretaries of the Conference, succeeded&#13;
in laying open judiciously, but perfectly clearly,&#13;
the particular situation iu which the Conference&#13;
found itself placed, the nature of the arrange-&#13;
ments which it adopted, the legal and practical&#13;
results obtained, and finally the moral effect of&#13;
the gathering upon the countries outside the&#13;
Union. Basing his remarks on the last chapter of&#13;
his printed report, the speaker gave an analysis&#13;
both of the proposals and of the amendments&#13;
presented to the Conference. This resume was the&#13;
occasion of the adoption of a resolution t in which&#13;
an expression of the satisfaction caused by the&#13;
marked improvements obtained is skilfully con-&#13;
nected with an express k 11 of regret that other&#13;
reforms had been postponed. As the Paris&#13;
Conference itself expressed a hope that the Berlin&#13;
Conference might issue a standard form of the&#13;
term of convention, the Association also declared&#13;
its intention of devoting itself next year t0 ^e&#13;
preparation of new directions which nnS^J^L&#13;
tea «f&#13;
followB :—Presidents of Jj(&#13;
dent of the Confedeti&#13;
■-Ouour&#13;
the Confederation.&#13;
Dieroks&#13;
dents&#13;
bOTg Appeal &gt;V&gt;^5&#13;
t See .&#13;
&#13;
&#13;
## p. 132 (#168) ############################################&#13;
&#13;
132&#13;
THE AUTHOR.&#13;
taken into consideration by diplomatists when the&#13;
date of the reunion of the second Conference&#13;
arrived.&#13;
Legislative action in the Countries belonging to&#13;
the Union.&#13;
The successive ratification of the decisions of&#13;
the Paris Conference by all the contracting&#13;
countries, as well as the preparation of ulterior&#13;
progressive revisions of the Berne Convention,&#13;
are intimately connected with the legislative&#13;
evolution which is taking place in the different&#13;
States. The Association accordingly at every&#13;
Congress directed its attention to the new de-&#13;
velopments in the legal world. This subject&#13;
was treated at Berne in the following manner.&#13;
M. Osterrieth reported first of all upon the&#13;
movement which is at the present time in&#13;
Germany preceding a revision of the internal&#13;
laws of the Empire respecting copyright. The&#13;
Government intends to undertake this revision at&#13;
an early date. The report contained useful infor-&#13;
mation respecting the divergent views of German&#13;
authors and publishers who are asking for a&#13;
more satisfactory or more profitable legislation.&#13;
On the other hand M. Poinsard explained the&#13;
effect of the new ordinance on the Principality of&#13;
Monaco respecting copyright, dated June 3, 1896.&#13;
This ordinance set an example to be followed, as&#13;
it was the first to realise some of the reforms&#13;
adopted this spring at Paris.* M. Poiusard's&#13;
statements were particulary interesting, as the&#13;
author of the revised text, M. H. de Roiland,&#13;
Attorney-General of the Superior Tribunal of&#13;
Monaco, was present at the sitting, and was able&#13;
to add some additional explanations, particularly&#13;
respecting the complete protection of serials&#13;
(romans-feuilletons) and of novels. During the&#13;
sitting M. de Rolland also presented to the&#13;
Congress the Prince of Monaco's invitation to&#13;
hold the next reunion in his Principality. This&#13;
invitation was accepted with thanks, and the&#13;
nineteenth Congress of the Association has been&#13;
fixed for next April.&#13;
This is the place to add that the Hellenic&#13;
Government had charged Dr. Kebedgy to repre-&#13;
sent it officially at the Berne Congress. This&#13;
was an evidence of the importance which the&#13;
Greek Government attached to being directly&#13;
informed of labours in which the Association is&#13;
at present engaged, for which there is a parti-&#13;
cular reason. A new law respecting copyright&#13;
in intellectual works is under consideration in&#13;
Greece, and Dr. Kebedgy, who took an active&#13;
part in the discussions on several occasions,&#13;
* For the text of this ordinance, and some remarks sug-&#13;
gested by it, see Droit d'Auteur, 1896, pp. 89 and 93.&#13;
entered into the question of how far, in his opinion,&#13;
his compatriots would be able to go in the way of&#13;
protecting copyright.&#13;
Finally, M. Porumbaro, delegate of the&#13;
Athenaeum of Bucharest, briefly explained the&#13;
situation in Roumania. In his opinion a&#13;
revision of the national legislation ought to&#13;
precede the accession of his country to the Union.&#13;
In his capacity of member of the Roumanian&#13;
Parliament it is his intention to urge parliamen-&#13;
tary measures for the removal of difficulties.&#13;
We have thus insensibly approached another&#13;
point in the programme.&#13;
The means of obtaining new adherents to the&#13;
Berne Conference.&#13;
M. Maurice Maunoury having been prevented&#13;
from attending the Congress, the conclusions of&#13;
the report which he had prepared on this subject,&#13;
and especially with reference to the European&#13;
States, were presented by M. Maillard. These&#13;
conclusions, completed by some useful additions&#13;
from M. Poinsard, speak for themselves.* The&#13;
local organisation of centres from which infor-&#13;
mation may be diffused, and of an efficient&#13;
propaganda, is a matter for private or united&#13;
energy. At the same time, if it is desired to&#13;
persuade the diplomatic authorities of certain&#13;
countries to labour principally to bring new States&#13;
into the Union, and not to conclude private&#13;
treaties bearing on literary questions (except in&#13;
such cases as make accession to the Union&#13;
temporarily impossible), the result must, to a&#13;
very great extent, depend upon personal relations&#13;
with the authorities or with their representatives,&#13;
and upon private influence. However, as the&#13;
report observes, there is something which the&#13;
Association itself can, as a corporate body, satis-&#13;
factorily carry into effect. That is an investiga-&#13;
tion of the causes which in each country stand in&#13;
the way of an accession to the Union, an examina-&#13;
tion of the situations of the publishing trade, and&#13;
of the methods of piracy. It will be necessary to&#13;
draw up nothing short of monographs respecting&#13;
the state of the law in the several countries&#13;
respecting the cause and origin of various&#13;
restrictive enactments; respecting the local needs&#13;
in the way of translation; of dramatic represen-&#13;
tation; of musical performance, &amp;c; in a word, to&#13;
individualise the knowledge of the actual state of&#13;
things in the different countries so as to make&#13;
all action in the interests of the Union more&#13;
practical.&#13;
For several years past M. Darras has, with the&#13;
assistance of M. Eisenmann, drawn up very&#13;
accurate reports "on legislative action with regard&#13;
* See below A, II.&#13;
&#13;
&#13;
## p. 133 (#169) ############################################&#13;
&#13;
THE AUTHOR.&#13;
'33&#13;
to copyright in the three Americas." M. Darras&#13;
was not this year able to come to Berne, nor to&#13;
draw up his report; and M. Ernest Rothlisberger&#13;
was therefore entrusted, with the delivery of an&#13;
oral report upon the same subject. He reviewed&#13;
all the events of importance in this department&#13;
which have taken place since the last Congress&#13;
at .Dresden, whether in English America (the&#13;
Canadian law—suggestion of Mr. Hall Caine), in&#13;
the United States (suggested legal projects of&#13;
Messrs. Cummings, Hills, and Treloar), or in&#13;
Latin America, Mexico, Guatemala, Costa-Rica,&#13;
Columbia, Venezuela, Brazil, the countries which&#13;
have signed the convention of Montevideo, and&#13;
the Argentine Republic. It was at the conclusion&#13;
■of this report that the Congress adopted a&#13;
resolution amounting to a vote of encouragement&#13;
and symjmthy for the valiant champions of&#13;
international copyright in the United States.*&#13;
The Congress heard with particular satisfaction&#13;
of the progress which our cause has made in&#13;
Mexico, in Costa-Rica, and lastly in the Argentine&#13;
Republic, where it was eloquently defended by&#13;
M. Cane, minister of that country at Paris.f&#13;
ifeans of assuring compliance with the terms of&#13;
the Berne Convention in countries belonging to&#13;
the Union.&#13;
The Association perseveringly pursues a double&#13;
aim ; on the one hand, the territorial extension of&#13;
the Union; on the other, a constantly more&#13;
perfect and easier compliance with the provisions&#13;
of the Berne Convention. Concerning the second&#13;
of these two aims not less than six reports were&#13;
prepared.&#13;
Literary works. — Respecting the protection&#13;
accorded these works in the countries which have&#13;
signed the Convention, M. Ollendorf, the Paris&#13;
publisher, showed in his report that the various&#13;
stipulations of the Convention are, on the whole,&#13;
very scrupulously observed in the States in ques-&#13;
tion. But in cases when difficulties arise abroad,&#13;
or when it is necessary to apply to the tribunals,&#13;
there is always some hesitation about the means&#13;
which it may be best to employ. For this reason&#13;
M. Ollendorf proposed the establishment in every&#13;
country of a legal office "composed of lawyers&#13;
belonging to all nationalities, and entrusted with&#13;
the duty of enlightening and guiding their com-&#13;
patriots in cases of external lawsuits, as well as&#13;
with that of staving off litigation." After a full&#13;
discussion the Congress agreed to this, in this&#13;
sense, that the Association will exert itself to find&#13;
in each State competent and trustworthy lawyers&#13;
* See below B, IV.&#13;
+ It is the intention of Le Droit d'Auteur to publish&#13;
shortly the very instructive report on the Paris Conference,&#13;
Addressed by M. Cane to his government.&#13;
who will, in their own country, take up the causes&#13;
of foreign authors whose interests may be in-&#13;
fringed.*&#13;
M. Ollendorf pleaded also for the suppression&#13;
of the guaranty judicalum solrif in cases relating&#13;
to literary and artistic property. The Congress&#13;
was unanimous in regarding this guaranty as an&#13;
anti-liberal measure, contrary to the spirit of the&#13;
Convention. But as the matter is connected&#13;
with the question of obtaining in one country&#13;
guarantees for the execution of judicial sentences&#13;
in another, it was decided to make the point the&#13;
subject of further investigations.];&#13;
Dramatic icorks. — The report presented by&#13;
M. Beaume, which was full of accurate data&#13;
respecting the treatment of rights of dramatic&#13;
representation, proved much less optimistic than&#13;
that of M. Ollendorf. According to M. Beaume&#13;
the protection accorded to dramatic works leaves&#13;
much to be desired. This is not only in conse-&#13;
quence of the omissions and restrictions of the&#13;
Convention (Article 9), nor only in cousequence&#13;
of the unfavourable provisions of the laws of&#13;
certain nations (for example those of Switzer-&#13;
land), but also owing to the practices of dramatic&#13;
managements, conducted on purely commercial&#13;
lines, and also in part owing to the absence of&#13;
organization amongst authors. M. Beaume&#13;
considered that the best means of securing&#13;
general protection, at least in the countries&#13;
belonging to the Union, was that the dramatic&#13;
authors should follow the example of the French&#13;
dramatic authors, who, united in a society (the&#13;
prosperity of which is astonishing), have suc-&#13;
ceeded in protecting perfectly even the interests&#13;
of their foreign confreres who pay the same&#13;
percentages. In the course of the discussion,&#13;
M. Hildebrandt, the delegate of the German&#13;
Literary Society, § remarked that the French&#13;
dramatic authors, instead of applying to his&#13;
society to watch over the rights of representation&#13;
and translation in Germany, sold their rights&#13;
out and out to the directors of German theatres&#13;
who came to Paris, and so lost all further control&#13;
over their work. He therefore warmly advo-&#13;
* See Resolution A, III.&#13;
t Caution judicatum solvi. Caution in Trench 1»* 00"f"&#13;
sponds with Caution in SWtfoYi 1 , «iuivalenl &lt;»&#13;
Guaranty in English law. G^*' W&#13;
one person binds hhnaeYf ,Uuara,% is a conW* ^ act&#13;
in the case of the failuj* J? W * * *° J**&#13;
it is to do the thine. „! ot Bom« otw r,ets&lt;&gt;»*_ xfr***&#13;
it is to do the thing „„ ot BomO otW xfl*#&gt;* „&#13;
himself is generally8 ^^anteed, P° 0Tl&#13;
person who is Prim*-^ the *Hr*K . v„At»^ -flit1- tt*&#13;
the form of judio^^ WwB J lU m W^iV^i tfi&#13;
surety becomes g*£ »&#13;
i Seriftstelle^.^ ^&#13;
/&#13;
&#13;
&#13;
## p. 134 (#170) ############################################&#13;
&#13;
134&#13;
THE AUTHOR.&#13;
rated the international federation of societies&#13;
founded for the mutual protection of the rights&#13;
of authors. An investigation respecting the&#13;
foundation of such societies was accordingly&#13;
declared desirable.&#13;
Painting, Sculpture, and Engraving.—M.&#13;
Yauuois, who defended the theses of the report of&#13;
M. Fleury (who was absent), made similar&#13;
remarks respecting painting, sculpture, and&#13;
engraving. The slightly modified conclusions&#13;
drawn from this report expressly enunciate the&#13;
ideas of a coalition of authors, and of the&#13;
fouudat ion of a syndicate of the different national&#13;
associations with a view to maintaining (before&#13;
the tribunals) the rights of reproduction, and&#13;
more particularly those belonging to members,&#13;
and declared to be intrusted to their society.*&#13;
Musical tcorhs.—The report promised by M.&#13;
Souchon was not presented, as he had not been&#13;
able to come to Berne. His absence was&#13;
unfortunate, as it was much to be desired that&#13;
some authorised voice should proclaim the&#13;
incontestable rights of composers, and at the&#13;
same time should furnish information concerning&#13;
the possibilities of the reoeptiou of percentages,&#13;
and the constitution of the society of authors,&#13;
composers, and publishers of music. An open&#13;
discussion ou this subject, to which the Swiss&#13;
Press was especially looking forward, would&#13;
certainly have dissipated a great many misunder-&#13;
standings.&#13;
Architectural works.—M. Ch. Lucas was able&#13;
to interest all his hearers by his speech in favour&#13;
of the cause which he has defended for years—the&#13;
legal protection of architectural works. His&#13;
brief statement bristled with facts. He pointed&#13;
out why the legal protection of designs was&#13;
insufficient, why the architect ought to be&#13;
guaranteed against rebuilding and reconstruction,&#13;
and where certain decisions of the French tribunals&#13;
were open to criticism. Whilst making some&#13;
remarks in explanation of the unfavourable&#13;
attitude of German legislation as regards the&#13;
claims of architects, M. Lucas declared categori-&#13;
cally that there could be no question about the&#13;
protection of such work as was, in the places&#13;
where it existed, absolutely without originality.&#13;
After this the resolution in favour of the protection&#13;
of architectural works which were really indivi-&#13;
dual, new, and in effect artistic creations, met with&#13;
no opposition.f&#13;
Photographic works.—The report of M. Taillefer&#13;
was read and supplemented by M. Davanne.&#13;
After a brief allusion to the somewhat different&#13;
views of the German photographers, M. Davanne&#13;
concluded with a repetition of the wish that&#13;
photographs should be placed in the same rank&#13;
with other works of art. Complete protection&#13;
was still claimed for them, because the measure&#13;
of protection assured by the Paris Conference&#13;
(protection to the extent secured respectively by&#13;
the laws of the different States belonging to the&#13;
Union), though large, still left a scandalous&#13;
disparity.*&#13;
The Compliance tcith Conditions and Formalities&#13;
in the Countries belonging to the Union.&#13;
M. Ernest Rothlisberger had prepared a&#13;
detailed report upon this complicated subject.&#13;
The report was a little dry, but of great assistance&#13;
towards a just and easy realisation of what an&#13;
author's rights, in the conventional and legal&#13;
sense, are. The exercise of these rights depends,&#13;
in the Union, only upon the accomplishment of&#13;
the conditions and formalities prescribed by the&#13;
internal legislation of the country in which the&#13;
work is published. Compliance with this simple&#13;
rule proves, in practice, difficult, on account of&#13;
the difference of the laws of various nations.&#13;
M. Rothlisberger, after having drawn a distinction&#13;
between conditions and formalities, first of all&#13;
enumerated the former. They turned out to be&#13;
more numerous than is generally supposed. After&#13;
this he explained the formalities, that is to say,&#13;
registration, and legal deposit of copies of the&#13;
work, so far as these are connected with protec-&#13;
tion of copyright. For this purpose he classed&#13;
the States belonging to the Union into four&#13;
groups:&#13;
1. Countries in which there are no formalities.&#13;
2. Countries in which formalities are the excep-&#13;
tion.&#13;
3. Countries in which formalities are the rule,&#13;
but neglect of them does not affect the author's&#13;
rights.&#13;
4. Countries in which they are obligatory,&#13;
under the penalty of loss of copyright.&#13;
The working of the formalities (delay, place,&#13;
authority, fee, certificate, legal consequences) was&#13;
rendered clear by comparative tables. Starting&#13;
from this base M. Rothlisberger claimed for&#13;
authors of the countries belonging to the Union&#13;
a number of facilities for the accomplishment of&#13;
these formalities within the jurisdiction of the&#13;
Union. In his opinion these facilities should not&#13;
be sanctioned de lege ferenda by new enactments,&#13;
but should logically result from a liberal interpre-&#13;
tation of the Convention. We cannot here enter&#13;
into the grounds of the speaker's demands. But&#13;
the resolutions passed on the subject are suffi-&#13;
ciently explicit.! We shall mention only two&#13;
* Resolutions B, III., b.&#13;
f See Resolutions B, a.&#13;
* Resolutions B, b.&#13;
t Resolutions A, III.&#13;
&#13;
&#13;
## p. 135 (#171) ############################################&#13;
&#13;
THE AUTHOR.&#13;
i35&#13;
modifications which the Congress made in the&#13;
propositions laid before it. M. Rothlisberger&#13;
desired that it should be remembered that the&#13;
Berne International Bureau could take the steps&#13;
necessary to procure for the persons interested&#13;
the certificate sanctioned in Article 11, paragraph 3,&#13;
of the Convention. This certificate shows that&#13;
the formalities required by law have been com-&#13;
plied with. This privilege of the Berne Bureau&#13;
was recognised by the Diplomatic Conference of&#13;
1885: (Actes, p. 37). But the Congress, going&#13;
still further, decided to express a formal desire&#13;
to the effect that the Bureau should be itself&#13;
charged to deliver the certificates in question.&#13;
Further, M. Rothlisberger had proposed to&#13;
request, by a desire of the Congress, that the&#13;
authorities of those countries in which the legis-&#13;
lation does not make the copyright of any works,&#13;
or the copyright of certain classes of works,&#13;
depend upon special conditions or formalities,&#13;
should have the goodness to make special official&#13;
declarations to this effect, so that the International&#13;
Bureau may transmit these declarations to the&#13;
persons whom they may concern. The Congress&#13;
adopted a resolution in accordance with which it&#13;
is the province of the Berne Bureau to take the&#13;
steps necessary to procure the declarations in&#13;
question.&#13;
Finally M. Rothlisberger declared himself,&#13;
on principle, in favour of the complete suppres-&#13;
sion of all formalities if they in any way tend to&#13;
obstruct either the genesis of the author's rights&#13;
or their protection. Because, on every occasion&#13;
when registration, or legal deposit of the work,&#13;
is prescribed by a law respecting intellectual&#13;
property, the legislator, in search of something&#13;
to ensure the regular accomplishment of these&#13;
formalities, yields to the temptation to deprive&#13;
the author, who does not comply with the legal&#13;
requirements, of the power of taking legal action,&#13;
or even, in many countries belonging to the&#13;
Union, deprives him of all rights in his work.&#13;
It will be only in the case of this rule of the loss&#13;
of rights disappearing from the Statute-books of&#13;
the countries in question, in consequence of a&#13;
revision of their internal laws, that it will be&#13;
possible logically to renew the request adopted&#13;
at the last Dresden Congress in favour of the&#13;
suppression of all conditions and formalities a?&#13;
necessary for international protection. According&#13;
to M. Rothlisberger, whose arguments we cannot&#13;
lere produce, the establishment of good national&#13;
bibliographies would amply suffice to give civil&#13;
rights to^literary works. As for artistic works,&#13;
they are almost everywhere dispensed from the&#13;
formalities; a fact which proves that the desired&#13;
reform (the disappearance of formalities from the&#13;
domain of copyright) is perfectly realisable.&#13;
An entirely different opinion was upheld by&#13;
M. Lucien Layus, who presented a report&#13;
entitled "On Legal Deposit" (" Du depot&#13;
legal"), in which he gave, in a concise form,&#13;
much interesting information concerning the&#13;
origin of this formality. The deposit of copies&#13;
was instituted for reasons of the most different&#13;
kinds: with the aim of enriching national&#13;
collections; in order to furnish a proof of date,&#13;
that might determine the duration of the copy-&#13;
right; as an assistance to the police ; and for the&#13;
protection of public order. However, in the&#13;
countries where the law of legal deposit exists,&#13;
but where compliance with it is incumbent on the&#13;
printer, a number of inconveniences arise, incon-&#13;
veniences affecting both the copyright and the&#13;
national collections. The necessity of a reform&#13;
is manifest, and with a view to obtaining this&#13;
reform M. Layus recommended the adoption of&#13;
three resolutions. In his opinion the legal deposit&#13;
thus reformed, and reformed first of all in France,&#13;
represented a measure which should be recom-&#13;
mended to all States. In conclusion, his report&#13;
contained the following passage: "It is to be&#13;
desired that the obligations of registration and of&#13;
legal deposit by the publisher should be at an&#13;
early date adopted by all the countries in which&#13;
this is not at present the rule."&#13;
The Association had adopted contradictory reso-&#13;
lutions on this subject. At one time it had&#13;
voted in favour of the extension of the obligation&#13;
of legal deposit to all countries of the Union,&#13;
adding a resolution that this deposit ought to be&#13;
independent of the author's copyright. (Barce-&#13;
lona. Antwerp.) At another time it had been&#13;
in favour of the suppression of all formalities in&#13;
the international administration. (Dresden.) It&#13;
was necessary to decide frankly by a resolution in&#13;
favour of the formalities or against them.&#13;
Several votings which took place in the course of&#13;
the sittings proved that the partisans of the&#13;
abolition of formalities, whose opinious were&#13;
confirmed by criticisms of the defectiveness of the&#13;
present system of legal deposit, had at their com-&#13;
mand a considerable majority.&#13;
The only solution of the situation, possible&#13;
appeared to be a division condemning one or tne&#13;
other of the two systems. This extremity. ^ow"&#13;
ever, was avoided, thanks to the rit °^ con"&#13;
ciliation which animated hruV. *.i *P ,.fpiS8 and&#13;
.ich animated both U A .rress&#13;
the authors of the reports. at ^ C° utoP°8ed,&#13;
to add to the resolutions VfV- &lt; V ^M118 *riipra'&#13;
the one adopted at the l^J/\ctl&#13;
met*1&#13;
of Publishers.&#13;
influence *f ^opy^^^ %^ ^ $r ^&#13;
other hand, he was T^^Vfc , „»*&#13;
• movements in the ^\&lt;$&#13;
/&#13;
&#13;
&#13;
## p. 136 (#172) ############################################&#13;
&#13;
136&#13;
THE AUTHOR.&#13;
might be desirable in the countries where the&#13;
deposit is statutory, and to vote for the resolutions&#13;
under discussion, limiting their effect to these&#13;
countries. The whole Congress seemed at last to&#13;
be agreed to admit that the formalities might be&#13;
local or national measures of internal order, but&#13;
that it would be best to put an end to the&#13;
entanglement of such measures with the recogni-&#13;
tion and administration of the author's copyright.&#13;
Should any State desire, for whatsoever reasons,&#13;
to prescribe registration or legal deposit of&#13;
literary works, or of certain artistic works, let it&#13;
determine all these details by special enactment,&#13;
but not in the law concerning intellectual pro-&#13;
perty. Copyright ought to be respected without&#13;
the authors being obliged to comply with any&#13;
formalities whatsoever.&#13;
These important decisions were arrived at&#13;
without opposition. It may, therefore, be hoped&#13;
that this question will not again appear amongst&#13;
the agenda of a literary or artistic Congress.&#13;
Newspaper Copyright. (*)&#13;
The brief but precise report of M. Paul Gave&#13;
laid down as a principle that no literary compo-&#13;
sition, inasmuch as it is an intellectual product,&#13;
ought to be reproduced without authorisation,&#13;
even though it may first have appeared in a&#13;
newspaper. It miglit be quoted, provided always&#13;
that the quotations did not degenerate into dis-&#13;
guised piracy. What, however, was to be said&#13;
about the protection of news? These were the&#13;
facts: "Certain newspapers put themselves to a&#13;
great expense in order to secure interesting tele-&#13;
grams, and to have correspondents in every&#13;
locality (often in localities at a great distance)&#13;
where remarkable events were taking place. The&#13;
news which they thus procured was openly,&#13;
shamelessly pillaged. Such things were to be&#13;
found as periodicals created for this very purpose,&#13;
periodicals appearing a few hours after their eon-&#13;
temporaries, and borrowing from them the whole&#13;
of their telegrams and news, obtained at a great&#13;
expense, and thus offering a recapitulation of&#13;
everything useful and interesting published on the&#13;
same day. Such things were to be found as pro-&#13;
vincial papers whose editors, living in the capital,&#13;
telegraphed or telephoned complete articles pub-&#13;
lished in the leading journals, and did not scruple&#13;
to reproduce these same articles twelve or eighteen&#13;
hours before the other journals, those that had&#13;
been pillaged, could reach the towns where the&#13;
piracies appeared."&#13;
It was, however, important to distinguish&#13;
between mere news (information brutale) based&#13;
upon a simple fact, and given without any intel-&#13;
* De la propriety littt'raire en mativre de presse.&#13;
lectual labour (which might be reproduced&#13;
freely), and news in which some personal&#13;
element appeared, the result of labour and of&#13;
literary composition, and so capable of being&#13;
protected like any other writing.&#13;
An animated and brilliant discussion followed&#13;
the reading of this report. M. Albert Bataille,&#13;
delegate of the International Union of Journalists'&#13;
Societies * founded at Buda-Pest in last July.f&#13;
unfolded, in an erudite speech, listened to with&#13;
the greatest attention, the transformation through&#13;
which modern journalism is passing—the dis-&#13;
appearance of learned articles, and of didactic&#13;
elements, and the predominance of news, of&#13;
"impressions," new, rapid, well-written and well-&#13;
balanced. It was against the pilfering of this&#13;
sort of intelligence that journalists demanded&#13;
protection without the necessity of asserting that&#13;
their copyright was reserved. Hitherto, by means&#13;
of the present Convention at Berne, and its&#13;
revised Article 7, protection had been afforded for&#13;
"what was least journalistic, the literary&#13;
portion ;" % for the future every individual article&#13;
ought to be protected by formal declarations—&#13;
with a solitary exception. In the interests of the&#13;
influence which the newspaper ought to exert, it&#13;
was desirable that political articles, as well as&#13;
speeches, should be freely reproduced and left to&#13;
public discussion, unless this was expressly&#13;
forbidden. With respect to mere news, especially&#13;
that communicated by telegraphic agencies, it&#13;
would be perhaps right to ask for an " industrial"&#13;
protection, on the ground of illegal competition,&#13;
or, perhaps, a protection for twenty-four hours&#13;
might be instituted, as at the Cape. There was&#13;
here no question of the protection of intellectual&#13;
property, but only of the protection of priority of&#13;
information.&#13;
All the subsequent speakers declared that the&#13;
Association was disposed to continue its investiga-&#13;
tions of these questions (investigations which&#13;
had been commenced in Paris and London), and&#13;
to support the journalists in their claims. M.&#13;
Wauwermans, at the same time, called attention&#13;
to the fact that the legal protection is often very&#13;
wide, but the journalists never make use of it&#13;
against the abuses of which they are the victims.&#13;
At least in Belgium the French journals whose&#13;
articles are reproduced imhesitatingly, and even&#13;
with the signatures removed, never institute legal&#13;
proceedings, and never even ask for a mention of&#13;
the source from which the borrowed matter may&#13;
come. Other speakers opposed the free repro-&#13;
duction of political articles, without exception,&#13;
and demanded that they should be treated as&#13;
* Union Internationale des Associations de presse.&#13;
t See Droit d'Auteur, 1896, pag-e 97.&#13;
X " Ce qu'il y a de moins journal, la partie litteraire."&#13;
&#13;
&#13;
## p. 137 (#173) ############################################&#13;
&#13;
THE AUTHOR.&#13;
137&#13;
any other articles. The journalist ought to&#13;
be the master of his own work. Finally, as it&#13;
was shown that different usages respecting news-&#13;
paper publication prevailed in different countries,&#13;
it was resolved to set aside the two points under&#13;
discussion for further consideration.* The&#13;
assembly was unanimous in declaring the neces-&#13;
sity of protecting all written matter appearing in&#13;
a newspaper.&#13;
The Rights of Collaborateurs.&#13;
This question, introduced by M. Georges&#13;
Harmand, also called forth ample discussion.&#13;
In general, his report, carefully studied and&#13;
supported by evidence, was warmly approved.&#13;
This report treated in succession of the definition&#13;
of collaboration, a definition which the Congress&#13;
decided to reject; the rights of collaborateurs,&#13;
equal in the absence of any agreement to the&#13;
contrary; principles established for the publica-&#13;
tion of the completed work, in case of refusal to&#13;
publish on the part of one of the collaborateurs;&#13;
the cession of collaborateurs' rights; the funda-&#13;
mental principle of the indivisibility of the work;&#13;
the distinction between works produced by&#13;
collaboration and collective works; the duration&#13;
of the collaboration.&#13;
A strong opposition was raised against a view&#13;
which M. Harmand wished to see adopted&#13;
respecting the expiration of the rights of collabo-&#13;
rateurs. It was admitted that so long as one of&#13;
them lived he ought to exercise all rights in com-&#13;
bination with the heirs of deceased coilaborateurs.&#13;
But, further than this, M. Harmand supposed&#13;
that, in the case of a work produced by collabo-&#13;
ration, there might be several periods of duration&#13;
of copyright, each one dating from the decease of&#13;
one of the collaborateurs. The heirs or assigns&#13;
of each of these deceased collaborateurs would&#13;
thus lose their rights at the expiration of a&#13;
certain time reckoned from the decease of their&#13;
particular collaborateur. To whom then would&#13;
the totality of the rights revert? M. Harmand&#13;
was of opinion that, as by degrees the rights of&#13;
the other collaborateurs, or of their assigns,&#13;
lapsed, the survivor ought to acquire all the&#13;
rights, and that his share of the emoluments&#13;
should be augmented by those belonging to the&#13;
collaborateurs who predeceased him. He took no&#13;
notice of the heirs or assigns of the survivor.&#13;
The opposition, taking their stand upon the&#13;
ground that a work written in collaboration is&#13;
indivisible, and that all rights in it are equal,&#13;
carried a resolution to the effect, that the rights of&#13;
all heirs of such collaborateurs as have pre-&#13;
deceased others, subsist together jointly until the&#13;
one limit of copyright calculated from the death&#13;
* BeBolution C, in.&#13;
of the collaborateur who last remains alive shall&#13;
have been reached. Only in the case when there&#13;
are no heirs of a deceased collaborateur, the share&#13;
belonging to this collaborateur should be distri-&#13;
buted amongst the other collaborateurs or their&#13;
assigns. Thus no part would be without an&#13;
owner, nor could be pocketed by theatrical direc-&#13;
tors, S)-c., who were making payments to the&#13;
collaborateurs.&#13;
Thus amended, the principles adopted respect-&#13;
ing collaboration were considered by the Congress&#13;
deserving of being incorporated in the laws of the&#13;
various nations as being the expression of the&#13;
wishes of authors of all kinds of works.*&#13;
The Rights of Creditors over Intellectual Works.&#13;
According to M. Albert Vaunois the author has&#13;
a double right over his creation. He has a&#13;
pecuniary right, which is a commercial matter.&#13;
And he has a moral right attaching to his own&#13;
persou. So long as the author lives his moral&#13;
right is indisputable, and precludes any inter-&#13;
ference 011 the part of others. If he has not&#13;
alienated his right no one can put himself in his&#13;
place or deprive him of his property by a forced&#13;
execution. The creditors have no claim except&#13;
upon the profits resulting from agreements freely&#13;
made by the author. After the death of the&#13;
author, measures taken for a forced execution of&#13;
claims upon his rights should be pleaded before&#13;
the tribunals in the presence of his heirs, or of his&#13;
executors.&#13;
These ideas of M. Vaunois's, extremely bold&#13;
ones regarding a subject to which very little&#13;
attention has been hitherto paid, a subject&#13;
also very insufficiently investigated by legis-&#13;
latures and judges, met with a somewhat&#13;
vigorous resistance. That manuscripts could&#13;
not be seized by creditors, nor, in general,&#13;
unpublished works (even after a man's death),&#13;
and that, therefore, much more uKiinished&#13;
works could not be seized, was universally ad-&#13;
mitted. The creditors ought not to be able to&#13;
obtain possession of these works with a view to&#13;
publishing them against the will of the author or&#13;
his heirs. But after the work had been pub-&#13;
lished, there was not, in the opinion °^ manv&#13;
speakers, any particular reason for mtilctin8 *ue&#13;
creditor, who might also deserve coBsl^erati°n'&#13;
nor for giving the autbor the Uei4 o£&#13;
exceptional privilege, likeW \n , n, teaewtt1&#13;
against him. As a Ker^J^™*5 *L&#13;
—o — r&lt; ■ \ v.. a rtJP&#13;
between the moral right » a w&amp;6 ojV ,&#13;
seemed not very clearly ^ ^ ytf^J^leL&#13;
the preliminary labou^ ^fovfe^ £ \ \&#13;
* Besolutions B, II.&#13;
f See hia draft of a&#13;
7&#13;
&#13;
&#13;
## p. 138 (#174) ############################################&#13;
&#13;
'33&#13;
THE AUTHOR.&#13;
'Congress accordingly voted that this question&#13;
.should be referred to its next meeting.*&#13;
The Type for Reproduction.&#13;
M. A. Davanne devoted himself to several&#13;
problems, which have at present been but little&#13;
examined, " with the wish of seeing them studied&#13;
and solved." His tiactate was entitled, "The&#13;
Ownership of the Type, and more particularly of&#13;
the Phototype, or Photographic Negative: an&#13;
Attempt at some Definitions."&#13;
According to M. Davanne the term "type"&#13;
ought to be applied to every work, and to every&#13;
mechanical instrument which serves for obtaining&#13;
from an original manifold reproductions resem-&#13;
bling it. The original constitutes the definite&#13;
realisation of the author's conceptions, and the&#13;
reproduction, distinct from the copy, is a repre-&#13;
sentation of the original by various means.&#13;
Often the " type" is itself the original (as in the&#13;
case of etchings or photographic negatives); at&#13;
other times it is formed in imitation of the&#13;
original (composition of type, die, mould).&#13;
When the copies are to be numerous the instru-&#13;
ment for reproducing them is multiplied by the&#13;
fabrication of counter-types (stereotype, electro-&#13;
type, transfer from engraved plates to litho-&#13;
graphic stones, and casts of casts).&#13;
Who is the owner of the type? Basing his&#13;
views upon the example of letterpress printing,&#13;
M. Davanne replies to this question thus: The&#13;
owner of the material type is the person who has&#13;
made it. The right to use it, or the right to&#13;
allow it to lje used, belongs to the person who has&#13;
-ordered it. The right to destroy it belongs&#13;
equally to both persons. M. Davanne next&#13;
■■applied these principles to the ownership of a&#13;
photographic negative, making an exception of&#13;
those cases where there are express or tacit&#13;
understandings to the contrary, cases which are&#13;
numerous. Kegarding portraits, M. Davanne&#13;
maintains that the customer has no right to&#13;
demand the surrender of the negative, and that&#13;
the photographer has the right to refuse to sur-&#13;
render his negative, because he has the right to&#13;
-destroy it. At the same time this right equally&#13;
belongs to his customer. In certain cases the&#13;
customer tacitly agrees to surrender the right to&#13;
make use of the negative, especially if he is&#13;
paid to be photographed. Finally, M. Davanne&#13;
examined the case of a tacit agreement permitting&#13;
the customer to demand the surrender to himself&#13;
-of the negative.&#13;
Of the Lapse of Copyright.^&#13;
In his report devoted to the lapse of copyright,&#13;
* Resolutions C, II.&#13;
+ " Do domains pnbii-," i.e., cf the palli: ownership of&#13;
•terary property.&#13;
M. Ed. Mack, (a specialist in all that concerns&#13;
the duration of copyright*) first of all established&#13;
a delicate distinction between the rights of the&#13;
public, a right to the enjoyment of an intellectual&#13;
work, and the lapse of copyright, which he&#13;
characterised as an expropriation of the heirs or&#13;
assigns of the author, for the benefit of any one&#13;
who chose to turn the author's works to his own&#13;
profit, so long as this person simply conformed&#13;
with the rules of the open competition of the&#13;
market, a state of things which sometimes led to a&#13;
diminution of the price the public pay for the&#13;
work. Having reviewed the enactments of various&#13;
Legislatures on this subject, M. Mack examined&#13;
the provisions of the Italian law, which sanctions&#13;
a second period of protection, during which, after&#13;
the lapse of the author's right, the public pay the&#13;
author a certain sum. This system appeared to&#13;
him to present great advantages. If the practical&#13;
aim of a unification of the various laws respecting&#13;
the duration of copyright after death were&#13;
pursued, M. Mack was in favour of Jifty years&#13;
after death; at the same time his own preferences&#13;
were in favour of an absolute copyright of eighty&#13;
years dating from the publication of the work.&#13;
But—and herein lay the originality of his pro-&#13;
position—after the lapse of this first period of&#13;
of eighty years, the author's copyright ought to be&#13;
extended to a hundred years, or even to perpetuity&#13;
on condition that the previous exclusive right to&#13;
reproduce should be transformed into a right to a&#13;
royalty, a kind of payment on the part of the public.&#13;
This plan is already partly followed by the Society&#13;
of French Dramatic Authors, who receive per-&#13;
centages even for works of which the copyright&#13;
has lapsed. The public right to become possessed&#13;
of works after the lapse of copyright could not bo&#13;
too much curtailed. Its consequences were bene-&#13;
ficial neither to the public nor to contemporary&#13;
literature.&#13;
As M. Mack had declined to ask for a vote&#13;
upon the conclusions at which he had arrived, the&#13;
debate upon the best period for the duration&#13;
of copyright took place at the time of the con-&#13;
sideration of the draft of a normal law prepared&#13;
by M. Maillard.&#13;
Draft of a Normal Laic.&#13;
To avoid misunderstanding, it was, in the&#13;
opinion of the author of this draft, necessary to&#13;
explain exactly both the origin and the aim of his&#13;
proposal. At the Dresden Congress M. Maillard&#13;
presented a work in which he had, in accordance&#13;
with previous votes of the Association, formulated&#13;
the principles on which a unification of the various&#13;
national laws ought to proceed. The "principles&#13;
of legislative uniformity" were to constitute a&#13;
"See Droit d'Auteur, 1894, p. 11.&#13;
&#13;
&#13;
## p. 139 (#175) ############################################&#13;
&#13;
THE A UTHOR.&#13;
i39&#13;
sort of programme for the champions of copy-&#13;
right, the " platform" of a propaganda destined&#13;
to lead popular opinion in countries where the&#13;
reform of the local legislation is contemplated,&#13;
and to give the efforts of authors and artists the&#13;
unity of aim indispensable in their struggle for&#13;
their aims. In conformity with the resolution&#13;
adopted at Dresden, these principles have been&#13;
transformed by M. Maillard into a draft of a law&#13;
w-hich might serve as a base for the work of&#13;
unification. The suggested draft is essentially&#13;
perfectible, and it will be easy to modify it from&#13;
year to year, in accordance with the results of&#13;
further investigations, or in accordance with the&#13;
march of ideas. The draft thus gives the mini-&#13;
mum protection respecting which agreement is at&#13;
present possible amongst the nations who have&#13;
signed the Convention; and it embodies the ideal&#13;
whole of what it is possible to hope to see before&#13;
long in international dealings. "It must be&#13;
understood," M. Maillard adds, "that we do not&#13;
pretend to offer this document as the only legisla-&#13;
tion acceptable in each country. Where a suffi-&#13;
cient legislation or jurisprudence already exists&#13;
we do not ask for any immediate change. . . .&#13;
But wheresoever the desirability of a new law is&#13;
admitted by the national representatives, we&#13;
should like to see all the new laws based upon&#13;
some common norm. Given the same funda-&#13;
mental ]&gt;rinciples, similar enactments would be&#13;
passed, whilst the details might be left to be&#13;
settled in such a manner as not to be distaseful&#13;
to the feelings of the individual nationalities."&#13;
This draft drawn up to serve as a "norm for&#13;
legislative reforms" was discussed at several&#13;
sittings, whensoever an occasion presented itself&#13;
during the debates on various reports, and more&#13;
particularly at the last two sittings. We give&#13;
below the text as it appeared at the close of the&#13;
deliberations. This will make it unnecessary for&#13;
ua to enter into a detailed account of the debates,&#13;
and we shall mention only some of the leading&#13;
tendencies of these discussions.&#13;
The draft speaks of "literary and artistic"&#13;
works, an expression which some wished to see&#13;
altered into "intellectual" works, whilst others&#13;
desired that it should be complemented by the&#13;
express addition of " scientific works." It would&#13;
be right to inquire how far it might be possible&#13;
to protect even the scientific ideas of learned&#13;
men.&#13;
Respecting Article 1 of the draft, M. Hilde-&#13;
brandt demanded a more precise wording, some&#13;
more exact fixture of the limits of rights, such as&#13;
would not interfere with the liberty to hiss a&#13;
melody in the streets, nor hamper the rights of&#13;
circulating libraries. There would be a risk of&#13;
endangering the revision of the German law if,&#13;
in determining the author's rights, the criterion&#13;
of financial advantage * was not adopted. Re-&#13;
speetingtheperformance of musical works,it would&#13;
be desirable, in order to avoid specific difficulties&#13;
in Alsace-Lorraine, and in Switzerland, to take&#13;
percentages only from societies receiving pecu-&#13;
niary advantage from the performance. To this&#13;
M. Maillard replied that this was interpreting&#13;
his words in an exaggerated manner; but that at&#13;
the same time it was light to protect not only the&#13;
pecuniary interests but also the moral rights of the&#13;
author; to protect not his work only but also his&#13;
person, so that he could if he chose completely&#13;
forbid the reproduction of his work. He insisted&#13;
that it was above everything necessary to sanction&#13;
a principle, making allowance for the restrictions&#13;
which might have to be introduced in various&#13;
countries, on account of local and temporary&#13;
needs; for example, in such cases as workmen's&#13;
choral societies, &amp;c. At present it was necessary&#13;
to find some wording which took account on the&#13;
one hand of the pecuniary interests, and on the&#13;
other hand of the moral right of the author.&#13;
Respecting the duration of copyright, the Con-&#13;
gress, after a long debate, voted for that of&#13;
eighty years after death. Those in favour of&#13;
fifty or thirty years after death were in a minority.&#13;
However, some members handed in a declaration&#13;
that in their opinion the period of eighty years&#13;
was too long. Only a few votes were given in&#13;
favour of an equal recommendation of one&#13;
hundred years after publication. In fact it&#13;
seemed undesirable to propose at the same time&#13;
t wo solutions of this question. Besides, the second&#13;
plan presupposed the legal deposit of the copy to&#13;
prove the date of publication, and, when it&#13;
applied to several corrected editions of the same&#13;
work, would lead to inconveniences. The calcu-&#13;
lation of the period of copyright from the death&#13;
of the author, though not altogether free from&#13;
objection, seemed to present a better foundation&#13;
for legal uniformity.&#13;
Accordingly the Congress resolutely suppressed&#13;
all the provisions of the draft relative to the&#13;
necessity of "legal deposit" preceding civil or&#13;
penal proceedings, as well as those concerning&#13;
the legal deposit of posthumous works, whose&#13;
copyright is to last eighty years. date oi&#13;
the publication of these works co\x\A \&gt;e e*8^&#13;
established by proofs in accordance w*Vi cO1*11001-1&#13;
law, in the same manner as tW rW ^ , t&gt;u^&#13;
cation of artistic works ia ^ oi &amp;c, U, a&#13;
present established. '111 P^t, 0t *&#13;
After the above modifi.c^., ^&#13;
the draft was substantiaV^^WS VaA w^-u&#13;
in which th^Hv ft^^V^&#13;
resolution&#13;
$ SI s&#13;
Wirthschaftliche JTutrun^ ^^^PS&amp;fc&#13;
&#13;
&#13;
## p. 140 (#176) ############################################&#13;
&#13;
140&#13;
THE AUTHOR.&#13;
gratitude to M. Maillard for the work which he&#13;
had laid before it.*&#13;
The following is the text which will be recon-&#13;
sidered at Monaco:&#13;
Article 1.—The author of an intellectual&#13;
work f has the exclusive right to publish it, and&#13;
to reproduce it by whatsoever process, in what-&#13;
soever form, and for whatsoever purpose.&#13;
Under the term literary or artistic works are&#13;
understood all enunciations of written or spoken&#13;
thought, dramatic, musical, and chorographic&#13;
works, and all the works of the graphic and&#13;
plastic arts.&#13;
These works remain subject to the present law&#13;
whatsoever may be their merit, the use to which&#13;
they are put, or their object.&#13;
The official acts of public authorities, and&#13;
judicial decisions, cannot be made the subjects of&#13;
a cojjyright.&#13;
Article 2.—Copyright exists during the whole&#13;
of the life of the author, and extends to eighty&#13;
years after his death for the advantage of his&#13;
heirs and assigns.&#13;
Article 8.—The copyright of anonymous&#13;
works lasts for eighty years from the date of&#13;
the first publication of the work. This right is&#13;
exercised by the publisher so long as the real&#13;
author does not make himself known.&#13;
If the author should make himself known&#13;
before the expiration of eighty years the work&#13;
ceases to be anonymous, and the duration of the&#13;
copyright is prolonged in accordance with the&#13;
terms of Article 2.&#13;
Works which appear under the name of an&#13;
ideal person will be treated as anonymous&#13;
works.&#13;
Article 4.—A work produced by collaboration&#13;
is indivisible.&#13;
In case of disagreement amongst the eollabora-&#13;
teurs the tribunals are competent to determine&#13;
the time and manner of publication.&#13;
The rights of the assigns of a collaborateur&#13;
who has predeceased another exist until the expi-&#13;
ration of the period of eighty years after the&#13;
death of the last surviving collaborateur.&#13;
In the absence of heirs or grantees of one of the&#13;
collaborateurs his share falls to the other eollabo-&#13;
rateurs or to their heirs or assigns.&#13;
Article 5.—The legitimate editor of a posthu-&#13;
mous work has the exclusive right of reproduction&#13;
for a period of eighty years from the date of the&#13;
day of the first publication of the work.&#13;
By posthumous works are meant intellectual&#13;
works which have never been published during&#13;
the life of the author with his consent.&#13;
* Resolutions C, I.&#13;
f (Euvre d'exprit.&#13;
Article 6. — Every reproduction, whole or&#13;
partial, made without the author's consent is&#13;
illegal.&#13;
Translation, dramatic representation,* and&#13;
musical performance^ without the author's con-&#13;
sent, are similarly illegal.&#13;
Equally illegal are also, without the author's&#13;
cofsent, reproductions which exhibit abridge-&#13;
ments, enlargements, or modifications, such as&#13;
adaptations, dramatisations, transformations of&#13;
dramatic works into novels, musical arrange-&#13;
ments, reproductions by another art, &amp;c.&#13;
Article 7.—The author is presumed to have&#13;
authorised analyses and partial citations of his&#13;
work made for critical, polemical, or educational&#13;
purposes, the name of the author and the source&#13;
being indicated.&#13;
In addition, speeches made at the public&#13;
debates of deliberative assemblies, or at public&#13;
assemblies, may be reproduced for the purpose of&#13;
conveying information.&#13;
Article 8.—Writings which have appeared in&#13;
the newspapers or in periodical miscellanies are&#13;
protected in the same manner as all other intellec-&#13;
tual works.&#13;
Article 9.—The right of reproduction is inde-&#13;
pendent of the ownership of the original (manu-&#13;
script or work of art) the transfer of the&#13;
original does not therefore of itself convey a&#13;
transfer of the rights of reproduction, and vice&#13;
versa.&#13;
The cession of the author's rights (right of&#13;
publication, dramatic representation, musical per-&#13;
formance, translation) is always to be interpreted&#13;
restrictively.&#13;
The author who has ceded bis rights of repro-&#13;
duction retains, so long as he has not abandoned&#13;
his quality of author, the right to prosecute&#13;
pirates, § to watch over the reproduction of his&#13;
work, and to oppose all alterations made without&#13;
his consent.&#13;
The author who has ceded the material object&#13;
which constitutes his work has the right to&#13;
oppose all public exhibition of the work if it has&#13;
been modified without his consent.&#13;
Article 10.—Every reproduction which is&#13;
illegal according to the terms of Article 10,||&#13;
whether reproduction of a published or of an&#13;
unpublished work, constitutes the crime of&#13;
piracy.&#13;
Those who knowingly sell, expose for sale, or&#13;
introduce into foreign countries for commercial&#13;
* Representation.&#13;
t Execution.&#13;
X L'objet mate'riel (mannicrit on ceuvre d'art).&#13;
§ (Jontrefacteurs.&#13;
|| Sic. Query, Article 6. (Si.r read as dir). Translatoi's&#13;
note.&#13;
&#13;
&#13;
## p. 141 (#177) ############################################&#13;
&#13;
THE AUTHOR.&#13;
141&#13;
purposes pirated objects, are guilty of the same&#13;
crime.&#13;
Article ii.—The author or his assigns can&#13;
require the police to seize objects alleged to be&#13;
pirated, as well as to seize the plates, moulds, or&#13;
matrices, and other utensils which have served,&#13;
or are intended to serve specially for the fabrica-&#13;
tion of such objects.&#13;
In the case of a representation or performance&#13;
the authors can proceed in the same manner to&#13;
the seizure of the whole of the receipts.&#13;
Article 12.—The manager or director of&#13;
public entertainments must be furnished with the&#13;
previous consent in writing of the author or of&#13;
his assigns.&#13;
Article 13.—The sale of pirated objects, as&#13;
well as that of plates, moulds, or matrices, and&#13;
of other utensils having served, or being intended&#13;
to serve specially for the fabrication of such&#13;
objects, shall be declared to be for the profit of&#13;
the author.&#13;
In the case of illicit performances or represen-&#13;
tations, the receipts seized shall be granted to the&#13;
plaintiff in the proportion of the part of the&#13;
representation or performance which his work&#13;
formed.&#13;
The whole to be without prejudice of the fullest&#13;
damages.&#13;
Article 14.—The present law applies to all&#13;
authors, whatsoever their nationality, and in&#13;
whatsoever place the work may for the first time&#13;
have appeared.&#13;
Agreement with Publisher*&#13;
M. E. Pouillet had elaborated twelve "Prin-&#13;
ciples of legislation respecting the agreement with&#13;
publisher," which, in his opinion, are of a nature&#13;
to meet with the approval of all, inasmuch as&#13;
they take all interests into consideration. In&#13;
accordance with his own proposal, this subject&#13;
was postponed. It is at present being studied in&#13;
several quarters, and in France in particular atten-&#13;
tion must be turned to the law pro^josed by&#13;
M. Vigne d'Octon, against which also two&#13;
speakers declared themselves emphatically during&#13;
the sitting.&#13;
The Congress concluded its labours by voting&#13;
its thanks to the Swiss Press, and especially to the&#13;
Berne Press, for the attention paid to its labours,&#13;
and for the perfect exactitude of the reports pub-&#13;
lished.&#13;
Appendix I.—Resolutions voted by the&#13;
Berne Congress.&#13;
A.—Administration of the Union.&#13;
I.—Present and future revision of the Berne&#13;
Conveution.&#13;
• Contract d'editioii.&#13;
1. The Congress while registering with grati-&#13;
tude the resolutions adopted by the Paris&#13;
Conference, expresses its desire that they may be&#13;
as soon as possible confirmed by the Governments.&#13;
2. At the same time regretting that the&#13;
interests of composers and publishers of musical&#13;
works, of journalists, of architects, and of photo-&#13;
graphic artists* have not obtained all the satisfac-&#13;
tion which they might legitimately have hoped,&#13;
the Congress expresses its desire that the prepara-&#13;
tion of new provisions respecting these questions&#13;
may be placed upon the agenda of the next&#13;
Congress.&#13;
II. —Preliminary steps towards the extension&#13;
of the Union by the accession of other States.&#13;
The Congress expresses its desire—■&#13;
1. That the literary and artistic societies of&#13;
every country within the Union would do their&#13;
utmost to pave the way for the accession of other&#13;
non-unionist countries, by organising in these&#13;
countries centres from which information may be&#13;
diffused, efficient propagandas, and active com-&#13;
mittees charged with the task of creating a move-&#13;
ment of popular opinion in favour of the Conven-&#13;
tion of 1886.&#13;
2. That the Association should prepare careful&#13;
statistics respecting both the present situation in&#13;
these countries, and the me;ins by which they&#13;
could Ihj pursuaded to improve the position of&#13;
foreigners by protecting their intellectual labours.&#13;
3. That at each Congress a report should be&#13;
presented giving an account of the efforts made,&#13;
and of the results obtained in each country, and&#13;
indicating what the Association might do to&#13;
attain the aim pursued by the local committees.&#13;
4. That unionist countries, whilst pursuing as&#13;
their principal aim the extension of the Borne&#13;
Union, should do their utmost to multiply parti-&#13;
cular treaties between themselves and non-&#13;
unionist countries.&#13;
5. That in all these treaties, whatsoever they&#13;
be, made between unionist and non-unionist&#13;
countries, it should be stipulated that the latter&#13;
undertake to join the Berne Union within a given&#13;
time, and that as short as possible.&#13;
III. —Formalities.&#13;
A. Respecting the countries in which the&#13;
formality of legal deposit is prescribed by the&#13;
national laws, the Congress expresses the follow-&#13;
ing desires :—■&#13;
1. Immediately upon the publication of any&#13;
printed work, two copies ought to be deposited for&#13;
the national collections. In the case of prints,&#13;
music, and other productions, except printed&#13;
matter in the strictest sense, and published sepa-&#13;
rately, three copies should be deposited.&#13;
* A.uteur$ de Photographie.&#13;
&#13;
&#13;
## p. 142 (#178) ############################################&#13;
&#13;
I 42&#13;
THE AUTHOR.&#13;
The deposit should be accompanied by a&#13;
detailed description, made in the form at present&#13;
in use in each country. A certificate of deposit&#13;
should be given to the depositor free of charge.&#13;
2. It will be incumbent on the publisher of the&#13;
work to make the deposit, or, failing the pub-&#13;
lisher, ou the author. The printer shall not be&#13;
required to deposit excepting in the case of works&#13;
appearing without name of either author or&#13;
publisher.&#13;
3. The copies so deposited ought to be perfect,&#13;
and in the condition in which they are ordinarily&#13;
sold; or, if they are not intended for sale, an&#13;
intimation of that particular circumstance should&#13;
be made.&#13;
4. The neglect of the formalities ought to&#13;
have no influence upon the copyright of the&#13;
work, and should in no case involve the loss of&#13;
the author's rights, nor the loss of the right to&#13;
proceed in a court of law in the case of the&#13;
infringement of these rights.&#13;
H. With a view to increasing the facility of the&#13;
accomplishment of the formalities within the&#13;
actual area of the Union the Congress is of&#13;
opinion—&#13;
I. That evidence of compliance with the requi-&#13;
site formalities in the case of the original work,&#13;
in the country in which the work has its origin,&#13;
is sufficient to secure in the rest of the Union&#13;
protection for other forms of publication or of&#13;
reproduction in which the work may appear.&#13;
2. That the fact of having complied with the&#13;
formalities required of an assign in the country&#13;
in which the work originated should constitute&#13;
sufficient proof of the status of an assign.&#13;
3. That the copyright cannot lapse in other&#13;
countries within the Union until after the longest&#13;
limit of time allowed for the performance of&#13;
formalities in the country in which the work&#13;
originated shall have expired.&#13;
4. That the author's exemption from formali-&#13;
ties in the country in which the work originated&#13;
ought to be respected in other countries.&#13;
5. That the production of a certificate, proving&#13;
that the prescribed legal formalities have been&#13;
complied with, ought to be limited to the case&#13;
when this compliance has lx;en disputed by the&#13;
opposite side, and that the words, "the case&#13;
occurring," * employed in Article 11, paragraph 3,&#13;
of the Convention ought to be interpreted in this&#13;
sense.&#13;
In addition the Congress expresses its desire—&#13;
1. That the Berne International Bureau may be&#13;
intrusted with the delivery of the certificates&#13;
required by Article 11, paragraph 3, of the&#13;
Convention.&#13;
* he cas e'ehvant.&#13;
2. That for the countries where the Legislature&#13;
does not make the enjoyment of the author's&#13;
rights dependent upon conditions or sj&gt;ecial for-&#13;
malities, whether in the case of all intellectual&#13;
works or in the case of certain kinds of intel-&#13;
lectual works, the International Bureau may&#13;
obtain official declarations to that effect.&#13;
C. With a view to the future revision of the&#13;
Berne Convention and as a matter of principle&#13;
the Congress declares it to be desirable—&#13;
1. That the regulations respecting the formali-&#13;
ties of registration and of legal deposit should no&#13;
longer appear in laws respecting the copyright of&#13;
literary and artistic works, but should be the&#13;
subjects of special enactments.&#13;
2. That paragraph 2 of Article 2, and para-&#13;
graph 3 of Article 11 of the Berne Convention&#13;
should be suppressed, and that in the future no&#13;
formality should be requisite for the international&#13;
protection of the author's rights.&#13;
B.— Various Jiesolutions.&#13;
I. (a) Architectural works.&#13;
The Congress expresses its desire that architec-&#13;
tural works should be protected by all the legis-&#13;
lations and by all the international Conventions in&#13;
the same way as all other artistic works.&#13;
(b) Photographic works.&#13;
The Congress renews the expression of the&#13;
desire already expressed at previous Congresses&#13;
that, as regards protection, photographic works&#13;
may be put upon the same footing as all the&#13;
other graphic arts.&#13;
II. Rights of Collaborateurs.&#13;
(a) The Congress is of opinion—&#13;
1. That collaborateurs have equal rights in&#13;
the completed work, both regarding publication&#13;
and regarding the division of the profits resulting&#13;
therefrom.&#13;
2. That in the case of a refusal to authorise&#13;
publication "on the part of one of the collabo-&#13;
rateurs, hi; can, at the demand of the others, be&#13;
compelled by a legal decision to allow the publica-&#13;
tion of the completed work. Nevertheless, he&#13;
may require the publication to take place without&#13;
his name appearing, or without his being required&#13;
to participate either in the expenses or the profits&#13;
of the said publication.&#13;
3. That the surviving coUaboratour has the&#13;
right to exercise, for the whole period during&#13;
which the law extends the copyright, all the rights&#13;
of publication, in union with the heirs of deceased&#13;
collaborateurs.&#13;
4. That the rights of the assigns of a colla-&#13;
borated who has predeceased his fellows extend&#13;
to the expiration of the period of copyright deter-&#13;
&#13;
&#13;
## p. 143 (#179) ############################################&#13;
&#13;
THE AUTHOR.&#13;
H3&#13;
mined by the decease of the last surviving&#13;
collaborateur.&#13;
In the case of one of the collaborateurs having&#13;
neither heirs nor grantees, his share passes to the&#13;
other collaborateurs or to their assigns.&#13;
(b) The Congress expresses its desire that all&#13;
legislation respecting collaboration should embody&#13;
these principles, and that a unification of the&#13;
legislations on these bases should be effected at&#13;
an early date.&#13;
III. Organisation of Protection.&#13;
Foundation of societies and of legal offices.&#13;
(a) The Congress entrusts to the Association&#13;
the task of considering the formation in every&#13;
country of societies which may render the same&#13;
services as the French societies of authors and&#13;
composers.&#13;
(b) The Congress expresses its desire—■&#13;
1. That a society of painters, sculptors, and&#13;
engravers, entrusted with the protection of the&#13;
rights of its members, should be founded in every&#13;
country of the Union.&#13;
2. That the members belonging to such&#13;
societies should bind themselves not to cede the&#13;
right of reproduction of their works except&#13;
through the agency of the Society.&#13;
3. That these societies should reciprocally&#13;
support one another in resisting infringements of&#13;
the rights of their members.&#13;
(c) The Congress entrusts to the Association&#13;
the task of taking the measures necessary to&#13;
establish legal offices in every country, with a&#13;
view to studying, and, if necessary, watching the&#13;
diversities affecting intellectual property.&#13;
IV. Amelioration of the laws of the United&#13;
States.&#13;
The Congress with pleasure takes official cog-&#13;
nisance of the efforts made by the Copyright&#13;
Leagues of the United States to combat the&#13;
attempts which are at present being made to&#13;
restrict the law of 1891; and it applauds the&#13;
promises which the Leagues make to continue&#13;
their struggle to obtain amelioration of this law.&#13;
C. Future Labours.&#13;
I. Draft of Normal Law.&#13;
The Congress, approving in principle the pro-&#13;
ject of the unification of copyright laws, intrusts&#13;
the standing committee of the Association with&#13;
the task of preparing, against the next Congress,&#13;
a final revision of a normal law.&#13;
At the same time the Congress tenders its&#13;
warmest thanks to M. Georges Maillard, the&#13;
author of the draft, and expresses the hope that&#13;
he will undertake the report upon the final&#13;
scheme.&#13;
II. Definition of the Author's moral and mate-&#13;
rial Rights.&#13;
The Congress being of the opinion that the&#13;
question of the rights of creditors cannot be&#13;
settled until a clear distinction has been&#13;
drawn between the moral rights of the author&#13;
and his rights to material profits resulting from&#13;
the sale of his work, expresses its desire that the&#13;
Association should, against the next Congress,&#13;
make an investigation of the definition of the&#13;
moral and pecuniary rights of the author, and&#13;
should draw from the distinction between the two&#13;
any logical consequences that may ensue.&#13;
III. Newspaper Articles.&#13;
The Congress reserves for the consideration of&#13;
the Committee of Works of the Association the&#13;
question of the protection of political articles.&#13;
Also the Congress expresses its desh-e that the&#13;
protection of news, independently of its form,,&#13;
should be set down amongst the agenda of the&#13;
next Congress.&#13;
rV. "Caution Judicatum solvi." *&#13;
The Congress, being resolutely in favour of&#13;
the suppression of the Caution "Judicatum&#13;
solvi," accompanied by measures fitted to secure&#13;
the execution of sentences from one country to&#13;
another, expresses its desire tha this question may&#13;
be reconsidered, and placed among the agenda of&#13;
the next Congress.&#13;
V. Type for Reproduction.&#13;
The Congress expresses its desh-e that the&#13;
Association shoidd consider the general definition&#13;
of the type for reproduction and investigate the&#13;
rights connected with it.&#13;
Appendix II.—Bibliography of the Berne&#13;
Conference.&#13;
1. The "Bulletin de l'Association litteraire et&#13;
artistique internationale. Juillet, 1896" (Official&#13;
Report of the International Literary and Artistic&#13;
Association. July, 1896), contains the following&#13;
works:&#13;
(a.) "Principes d'uue legislation sur le contrat&#13;
d'edition" (Principles of Legislation respecting&#13;
the agreement with publisher), by Eug. Pouillet.&#13;
(Two pages.)&#13;
(6.) "Essai d'un projet de loi international"&#13;
(Draft of a normal law) respecting international&#13;
copyright, by Georges Maillard. (Four pages.)&#13;
2. The following Reports, which will be sub-&#13;
sequently collected into a volume, have been&#13;
presented in accordance with the programme of&#13;
the Congress.&#13;
(a.) "Examen des travaux de la Conference&#13;
* See above, '&lt; Literary Works," page 133 (note).&#13;
&#13;
&#13;
## p. 144 (#180) ############################################&#13;
&#13;
i44&#13;
THE AUTHOR.&#13;
Paris" (Report upon the labours of the Paris&#13;
Conference), by Georges Maillard. (Fourteen&#13;
pages.)&#13;
(b.) "Des moyens d'assurer l'application de la&#13;
Convention de Berne dans les pays adherents"&#13;
(Means of assuring compliance with the terms of&#13;
the Berne Convention in countries belonging to&#13;
the Union) in the case of—&#13;
I. Literary works, by Paul Ollendorf. (Three&#13;
pages.)&#13;
II. The right of representation of dramatic&#13;
works, by A. Beaume. (Eight pages.)&#13;
III. Painting, sculpture, and engraving, by&#13;
Georges Fleury. (Three pages.)&#13;
IV. Photographic works, by Andre Taillefer.&#13;
(Three pages.)&#13;
V. Compliance with conditions and formalities&#13;
in the countries belonging to the Union, by Ernest&#13;
Rothlisberger. (Twenty-eight pages.)&#13;
(c.) "Mouvement legislatif dans les pays de&#13;
l'union" (Legislative Action in the countries&#13;
belonging to the Union)—&#13;
I. Germany, by Albert Osterrieth. (Three&#13;
pages.)&#13;
II. Monaco, by Leon Poinsard. (Four pages.)&#13;
(d.) "Des moyens d'obtenir de nouvelles&#13;
adhesions a l'Union de Berne" (The means of&#13;
obtaining new adherents to the Berne Conven-&#13;
tion), by Maurice Maunoury. (Four pages.)&#13;
(e.) "De la propriete litteraire en matiere de&#13;
presse" (Newspaper copyright), by Paul Gaye.&#13;
(Three pages.)&#13;
(/.) "Etudes sur les droits des eollaborateurs&#13;
dans les ceuvres de la pensee" (The rights of&#13;
eollaborateurs in intellectual works), by Georges&#13;
Harman. (Eleven pages.)&#13;
(&lt;/.) "Du droit des ercanciers sur l'oeuvre&#13;
intellectuelle" (Tlie rights of creditors over intel-&#13;
lectual work), by Albert Vaunois. (Three pages.)&#13;
(h.) "Du depot legal" (On legal deposit),&#13;
suggestion for the reform of the present law, by&#13;
Lucien Layus. (Five pages.)&#13;
(».) "Du domaine public pour les ceuvres&#13;
littt:raires et artistiques" (Lapse of copyright&#13;
of literary and artistic works), by Edouard Mack.&#13;
(Eleven pages.)&#13;
(//.) "De la propriete du type, particulierement&#13;
du phototype ou cliche photographique" (On&#13;
the ownership of the type, and more particularly&#13;
of the phototype or photographic negative), an&#13;
attempt at some definitions, by A. Davanne.&#13;
(Eight pages.)&#13;
3. Pamphlet distributed at the Congress, " Die&#13;
Frage nach dem Eigentum am Negative" (The&#13;
question of the ownership of the photographic&#13;
negative), by Bruno Meyer (nineteen pages), a&#13;
reprint from Deutsche Photoyraphen-Ze'duuy&#13;
(German Photographic Journal). 1896.&#13;
PRIZE COMPETITIONS.&#13;
IT has been suggested by a correspondent that&#13;
a great many people—men and women—for&#13;
whom the higher flights of literature are&#13;
impossible, or for whom an opening and a begin-&#13;
ning are ardently desired, would be greatly helped&#13;
by information as to the prize competitions con-&#13;
tinually offered by magazines and country papers.&#13;
These competitions are sometimes for stories, and&#13;
sometimes for essays, biographical sketches, verse,&#13;
or papers on some practical subject. Since the&#13;
Society of Authors, and therefore its organ, exists&#13;
for workmen in every branch of letters, the sug-&#13;
gestion has been adopted, and it is proposed to&#13;
publish, month by month, a list of prize compe-&#13;
titions. Since, again, there are so many writers of&#13;
stories for magazines and journals as to constitute&#13;
a profession by itself, it is hoped that readers of&#13;
the Author will put this list into the hands of&#13;
those to whom the information will prove useful.&#13;
£10 10*. each for original stories accepted, to&#13;
cover five weeks, about 2500 words for&#13;
each instalment.—Editor of the Weekly&#13;
Herald, Glasgow.&#13;
£1 is. each for original stories accepted, complete&#13;
in one instalment of about 2500 words.&#13;
— Editor of the IVeehly Herald,&#13;
Glasgow.&#13;
£5 5«. for best original short story; minimum&#13;
2000 words, maximum 3000. Not later&#13;
than Dec. 31.—Editor of the Osborne&#13;
Magazine, 9, Paternoster-row, London.&#13;
.£5 5*. for best original biographical article;&#13;
dealing with famous living English men&#13;
or women; minimum 2500, maximum&#13;
3500. Preference if accompanied by&#13;
material for illustration. Not later&#13;
than Dee. 31.—Editor of the Osborne&#13;
Magazine, as above.&#13;
£10 10s. for practical essay on " How to form a&#13;
School Library with Penny Books."&#13;
Competition open to teachers only. Not&#13;
later than Nov. 15.—Editor of the&#13;
Review of Reviews, Norfolk - street,&#13;
London. (See Review of Reviews for&#13;
October.)&#13;
^5 5*-&gt; ^3 3a &gt; an&lt;l "£2 2S- f°r l'sts °f best&#13;
hundred books as an ideal home library&#13;
for the average man. Not later than&#13;
Nov. 15.—Editor of the Review of&#13;
Reviews, &amp;c, as above.&#13;
&#13;
&#13;
## p. 144 (#181) ############################################&#13;
&#13;
AD VER TISEMENTS.&#13;
in&#13;
Crown 8vo., cloth boards, price 6s.&#13;
HATHERSAGE:&#13;
A Tale of North Derbyshire.&#13;
BY&#13;
CHARLES EDMUND HALL,&#13;
Author of " An Ancient Ancestor," &amp;a.&#13;
London: Horace Cox. Windsor House. Bream's-buildings. E.C.&#13;
In demy 8vo., price 12s. net, by poet 12s. 6d.&#13;
Six Months in a Syrian Monastery,&#13;
Being the Record of a Tiait to the Headquarters of the Syrian&#13;
Church in Mesopotamia, with some account of the Yazidis, or Devil&#13;
Worshippers of Mosul, and £1 Jilwah, their Sacred Book.&#13;
By OSWALD H. PARRY, B.A.&#13;
(Of Magdalen College, Oxford.)&#13;
Illustrated by the Author. With a Prefatory Note by the&#13;
- Right Reverend the Lord Bishop of Durham.&#13;
"The author of this handsome volume presents 'a detailed study of&#13;
a relic of history pursued off the track of general research;'he has&#13;
sought to give, and has succeeded in giving, * a picture of quiet life in&#13;
a country much abused, and among a people that command less than&#13;
their share of ordinary interest.1 1 Westward the tide of Empire takes&#13;
its way,' Bang a prophetic divine of the olden dayB, ana no less&#13;
certainly, as Mr. Parry points out, does the ebb of travel return&#13;
towards the East . . . As a volume descriptive of life and travel&#13;
among a distant people, his work is well worth reading, but for those&#13;
persons who are more particularly concerned with the old Syrian&#13;
Church, or in the solution of the problem indicated above, it is one of&#13;
quite unique attraction. A pathetic interest attaches to the account&#13;
of the Yazidis included in this volume, for it contains part of their&#13;
sacred writings, the original manuscript of which was in the hands&#13;
of Professor Robertson Smith for translation at the time of his&#13;
death."—PublWitrS Circular.&#13;
London: Horack Cox. Windsor House. Bream's-buildings. E.C.&#13;
Now ready, price 2s. 6d., cloth.&#13;
A FLYING VISIT&#13;
TO THB&#13;
AMERICAN CONTINENT.&#13;
WITH NOTES BY THE WAY.&#13;
By F. DALE PAWLE.&#13;
London: HOBACB Cox, Windsor House. Bream's-buiMingn, E.C.&#13;
Now ready. Second Edition, Revised and Enlarged. Crown 8vo.,&#13;
limp cloth, 2s. Cd. net; postage, 3d. extra.&#13;
THE&#13;
PRINCIPLES OF CHESS&#13;
IN THEORY AND PRACTICE.&#13;
jambs "v:m:.a.sonsr.&#13;
CONTENTS. — 1. Elements of Chess. 2. General Principles.&#13;
8. Combination. 4. Exposition of Master Play Complete.&#13;
London: Horace Cox, Windsor House, Bream's-buildings, E.C.&#13;
THE ART of CHESS. By James Mason. Price Ss.&#13;
net, by post 5s. 4d.&#13;
THE KNIGHTS and KINGS of CHESS. By the Rev.&#13;
O. A. MACDONNELL, B.A. With Portrait and 17 Illustra-&#13;
tions. Crown 8to., cloth boards, price 2s. 6d. net.&#13;
London: Horace Cox, Windsor House, Bream's-buildings, E.C.&#13;
Now ready, demy 8vo., cloth boards, price 10s. 6d.&#13;
IN NEW SOUTH AFRICA.&#13;
Travels in the Transvaal and Rhodesia.&#13;
With Map aud Twenty-six Illustrations.&#13;
By 11. LINCOLN TANG-YE,&#13;
CONTENTS.&#13;
Introductory.&#13;
PAET I.&#13;
Chapter I — The Land of Gold and the Way there.&#13;
,, 11.—Across Desert and Veldt.&#13;
,, IIL—Johannesburg the Golden.&#13;
,, IV.—A Transvaal Coach Journey.&#13;
V.—Natal: the South African Garden.&#13;
,, VI.—Ostracised In Africa. Home with the Swallows.&#13;
PAET II —BAMBLES IN RHODESIA.&#13;
Chapter I.—Eeniiragt Maakt Magt.&#13;
of Lo&#13;
III.—The Trail of War.&#13;
II.—Into the Country (&#13;
bongula.&#13;
IV.—Goldmining, Ancient and Modern.&#13;
V.—Sic Transit Gloria Mundi.&#13;
VI —To Northern Mashonaland.&#13;
V1L—Primitive Art. The Misadventures of a Wagon.&#13;
Index.&#13;
London: Horace Cox. Windsor House, Bream's-buildings, E.C.&#13;
Crown 8vo., cloth boards, 3s. 6d.&#13;
Crimean &amp; other Short Stories.&#13;
BY&#13;
WILLIAM ADDISOlsT.&#13;
CONTENTS. — An Adjutant's Adventure: an Episode of the&#13;
Crimean Campaign—From an Uuseen World—Characteristic Stories&#13;
of Royal Personages—The Tsar's Axe—An Indian Legend Modernised&#13;
—A Love Test—Atta; or. The Circassian's Daughter—Father Con-&#13;
fessor—His Word of Honour (from the German)—Dearer than Life—&#13;
A Polish Princess—The Evil Eye: a Story of Superstition—The&#13;
Parson'a Daughter—Old Love Never Rusts.&#13;
London: Uoracb Cox, Windsor House, Bream's-buildings, E.C.&#13;
RECENT VERSE.&#13;
Cloth lettered,&#13;
By HENRY TODD,&#13;
GOODCHILD. Cloth&#13;
By EEL VIKING.&#13;
By ARTHUR CAMP-&#13;
LYRICS. By Dr. J. A. GOODCHILD.&#13;
price 5s.&#13;
NOBTH COUNTRY BALLADS.&#13;
Price 6s.&#13;
TALES IN VERSE. By Dr. J. A.&#13;
lettered, price 5s.&#13;
SONGS OP THE CASCADES.&#13;
Fcap. 8vo., cloth boards, Ss. 6d.&#13;
SONGS OF THE PINEWOODS.&#13;
BELL. Price 8s. 6d.&#13;
THE FAIREST OF THE ANGELS, and Other Verse.&#13;
By MABY COLBOBNE-VEEL. Fcap. 8vo., cloth boards, 8s. 6d.&#13;
"Some of the shorter lyrics are much above the average, being&#13;
clear in thought and musical in expression. The merits of the collec-&#13;
tion are considerable."—The Bookman.&#13;
THE WANDERER IN THE LAND OF CYBI, and other&#13;
Poems (1886-93). By CLIFFOBD BBOOKS. Fcap. 8vo., cloth&#13;
boards, 3s. 6d.&#13;
POEMS. By THOMAS BARLOW. Crown 8vo., bevelled&#13;
boards, gilt edges, price 5b.&#13;
POEMS. By LEWIS BROCKMAN. Crown 8vo., cloth&#13;
boards, 5b.&#13;
"The ballads are full of the spirit and directness of style proper to&#13;
the ballad."—Saturday Renew.&#13;
"Mr. Brockman is a writer of good poetic mettle, and no doubt the&#13;
reading world will hear more of him yet."—Glasgow Herald.&#13;
"The graceful smoothness of Mr. Lewis Brockman's poems."—&#13;
Daily Telegraph.&#13;
"He is decidedly inventive, and often highly imaginative. . .&#13;
The clement of originality pervades the book. . . . His long poem'&#13;
* Ronald's Cross,' is well sustained . . . it is like the piaint of tv*1&#13;
'Mariner,' and it holds us."—Queen.&#13;
"A reuder who values cultured sentiments and flawless vert4\«\&#13;
tion will find much to admire."—Scotsman. ^**i*A-&#13;
London: Horack Cox, Windsor House, Bream's Buildings.&#13;
&#13;
&#13;
## p. 144 (#182) ############################################&#13;
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              <text>&lt;em&gt;The Author&lt;/em&gt;, Vol. 07 Issue 06 (November 1896)</text>
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              <text>&lt;a href="https://babel.hathitrust.org/cgi/pt?id=mdp.39015049239455" target="_blank" rel="noopener"&gt;https://babel.hathitrust.org/cgi/pt?id=mdp.39015049239455&lt;/a&gt;</text>
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