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Title A name given to the resource The Author Subject The topic of the resource <em>The Author</em> Description An account of the resource A digitised run of the Society of Authors' monthly periodical, <em>The Author</em>, 1890<span>–</span>1914, made available together for the first time.<br /><br />Currently users can browse issues and <a href="https://historysoa.com/items/browse?search=&amp;advanced%5B0%5D%5Bjoiner%5D=and&amp;advanced%5B0%5D%5Belement_id%5D=51&amp;advanced%5B0%5D%5Btype%5D=is+exactly&amp;advanced%5B0%5D%5Bterms%5D=Index&amp;collection=&amp;type=&amp;tags=&amp;exhibit=&amp;date_search_term=&amp;submit_search=Search+For+Items&amp;sort_field=Dublin+Core%2CTitle">indices</a> (not available for all volumes). Full text search for all issues, and other additional search functionality, will be added in 2022. Date A point or period of time associated with an event in the lifecycle of the resource 1890–1914 Identifier An unambiguous reference to the resource within a given context The-Author-Issues Publication Date The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format) 1896-12-01 Volume 7 Issue 7 Pages Page range in volume 145–176 Ngram Date Version of the date in YYYYMMDD format for use by the Ngram plugin 18961201 Ngram Text Version of the text with no HTML formatting for use by the Ngram plugin TLhc Hutbor* (The Organ of the Incorporated Society of Authors. Monthly.) CONDUCTED BY WALTER BESANT. Vol. VII.—No. 7.] DECEMBER 1, 1896. [Price Sixpence. CONTENTS. General Memoranda 148 TAOE Notes from Abroad. By B. H. Sherard PA91 161 The Authors' Club 147 New York Letter. By Norman Hapgood ItU Literary Property— Puolications of the Year 1895 164 1. An Official Report of the Paris Conference ... 147 Copyright 165 — 2. Denmark and the Union 149 Notes and News 165 3. Agreement with Publisher 149 Prize Competitions 167 4. Proposed Law for the Stamping of Books 150 Literature In the Periodicals 167 a. The Question of Agreements ISO Book Talk 169 «. (iriffith r. The Tower Publishing Company Limited nrH Correspondence.—!. The Title. 2. The First Book. 3. A Plea Moncrieff UI for Signed Criticisms. 4. Educational Criticisms. 5. Thirteen 7. Control of Copyright 152 as Twelve. 6. "A Falling Off." 7. "Publication." 8. An 8. The Liability of Publishers 152 Inquiry 9. Copyrights. 10. The Completion of Mr. Spencer's 9. Pitt Pitts r. E. George and Co 153 Philosophy 17« PUBLICATIONS OF THE SOCIETY. 1. The Annual Report. That for January 1896 can be had on application to the Secretary. 2. The Author. A Monthly Journal devoted especially to the protection arid maintenance of Literary Property. Issued to all Members. Back numbers are offered at the following prices: Vol. I., io«. 6d. (Bound); Vols. II., III., and IV., 8«. 6d. each (Bound); Vol. V., 6s. 6d. (Unbound). 3. Literature and the Pension List. By W. Morris Colles, Barrister-at-Law. (Henry Glaisher, 95, Strand, W.C.) 3*. 4. The History of the Societe des Gens de Lettres. By s. Squire Spkigge, late Secretary to the Society, is. 5. The Cost of Production. In this work specimens are given of the most important forms of type, size of page, Ac, with estimates showing what it costs to produce the more common kinds of books. Henry Glaisher, 95, Strand, W.C. 2s. 6d. 6. The Various Methods Of Publication. By S. Squire Sprigge. In this work, compiled from the papers in the Society's offices, the various forms of agreements proposed by Publishers to Authors are examined, and their meaning carefully explained, with an account of the various kinds of fraud which have been made possible by the different clauses in their agreements. Henry Glaisher, 95, Strand, W.G. 3*. 7. Copyright Law Reform. An Exposition of Lord Monkswell's Copyright Bill now before Parlia, ment. With Extracts from the Beport of the Commission of 1878, and an Appendix containing the Berne Convention and the American Copyright Bill. By J. M. Lely. Ey-*^ and Spottiswoode. is. 6d. 8. The Society of Authors. A Becord of its Action from its Foundation. By Walter Besj^^ (Chairman of Committee, 1888—1892). i*. 9. The Contract of Publication in Germany, Austria, Hungary, and Switzerland. By E-^ Lunge, J.U.D. 2*. 6r/.'  ## p. 144 (#184) ############################################ 11 AD VER TISEMENTS. ^iie $octefg of Jluffjors (gncorporafei)). Sib Edwin Arnold, K.C.I.E., C.S.I. A lfbsd Austin. I. M. Barbie A. W. X Beckett. F. E. Beddabd, F.E.S. ROBEBT BATEMAN. Sib Henbt Bebqne, K.C.M.G. Sib Walteb Besant. augustine blbbell, m.f. Rev. Pbof. Bonnet, F.R.S. Rioht Hon. James Bbtce, M.P. Right Hon. Lobd Burghclerk, P.C Hall Caine. Eoerton Castle, F.S.A. P. W. Clatden. Edward Clodd. w. morbis colles. Hon. John Collieb. Sir W. Martin Conwat. F. Marion Crawford. . PRESIDENT. GBOEGE MBBEDITH COUNCIL. The Eabl of Desart. Austin Dobson. A. Conan Doyle, M.D A. W. Dubourq. Sir J. Eric Eeichsen, Babt., F.R.S. Pbof. Michael Foster, F.R.S. Richard Garnett, C.B., LL.D. Edmund Gosse. H. Rider Haggard. Thomas Hardy. Anthony Hope Hawkins. Jebome K. Jebome. RUDYARD KlFLING. Prof. E. Ray Lankesteb, F.R.S. W. E. H. Lecky. J. M. Lely. Mbs. E. Lynn Linton. Rev. W. J. Loftie, F.S.A. Sir A. C. Mackenzie, Mns.D. Pbof. J. M. D. Meiklejohn. Herman C. Mebivale. Ret. C. H. Middleton-Wakk. Sib Lewis Morris. Henry Norman. Miss E. A. Ormebod. J. C. Pabkinson. Right Hon. Lord Pirbbight. Sib Fbedkbick Pollock, Babt., LL.D. Walteb Hebbies Pollock. W. Baptists Scoonks. Miss Flora L. Shaw. G. R. Sims. S. SguiRE Sfbigge. J. J. Stevenson. Pbof. Jas. Sully. William Mot Thomas. H. D. Tbaill, D.C.L. Mbs. Humphby Waed. Miss Chablotte M. Yonge. Hon. Counsel — E. M. Underdown, Q.C. COMMITTEE OF MANAGEMENT. A.. W. X Beckett. Sir Walter Besant. Eoerton Castle. W. Morris Colles. Solicitors— Chairman—H. Rider Haggard. Hon. John Collier Sir W. Martin Conway. Anthony Hope Hawkins. J. M. Lely. Messrs. Field, Roscoe, and Co., Lincoln's Inn Fields. Herbert Thring, B.A., 4. Portugal-street, W.C. IS Sir A. C. Mackenzie, Mus.D. Henry Norman. S. Squire Sprigge. Secretary—G. Herbert Thring, B.A. OFFICES: 4, Portugal Street, Lincoln's Inn Fields, W.C. J±. IP. WATT <fe SOILST, LITERARY AGENTS, Formerly of 2, PATERNOSTER SQUARE, Have now removed to HASTINGS HOUSE, NORFOLK STREET, STRAND, LONDON. W.C. WINDSOR HOUSE PRINTING WORKS, IB^IE-A-IMI'S BXTILDIlTGrS, ZE.O. Offiees of "The Field," "The Queen," "The Law Times," &e. Mr. HORACE COX, Printer to the Authors' Society, takes the opportunity of informing Authors that, having a very large Office, and an extensive Plant of Type of every description, he is in a position to EXECUTE any PRINTING they may entrust to his care. ESTIMATES FORWARDED, AND REASONABLE CHARGES WILL BE FOUND.  ## p. 145 (#185) ############################################ tTbe H u t b o r, (The Organ of the Incorporated Society of Authors. Monthly.) CONDUCTED BY WALTER BESANT. Vol. VII.—No. 7.] DECEMBER I, 1896. [Price Sixpence. For the Opinions expressed in papers that are signed or initialled the Authors alone are responsible. None of the papers or para- graphs must be taken as expressing the collective opinions of the committee unless they are officially signed by G. Herbert Thring, Sec. THE Secretary of the Society begs to give notioe that all remittances are acknowledged by return of post, and requests that all members not receiving an answer to important communications within two days will write to him without delay. All remittances should be crossed Union Bank of London, Chancery-lane, or be sent by registered letter only. _il Communications and letters are invited by the Editor on all subjects connected with literature, but on no other sub- jects whatever. Articles which cannot be accepted are returned if stamps for the purpose accompany the MSS. GENERAL MEMORANDA. EOB some years it has been the practice to insert, in every number of The Author, certain " General Con- siderations," Warnings, Notices, &c, for the guidance of the reader. It has been objected as regards these warnings that the tricks or frauds against which they are directed cannot all be gnarded against, for obvious reasons. It is, however, well that they should be borne in mind, and if any publisher refuses a clause of precaution he simply reveals his true character, and should be left to carry on his business in his own way. Let us, however, draw up a few of the rules to be observed in an agreement. There are three methods of dealing with literary property:— I. That of selling it outright. This is in some respects the most satisfactory, if a proper price can be obtained. But the transaction should be managed by a competent agent. II. A profit-sharing agreement. In this case the following rules should be attended to: (1.) Not to sign any agreement in which the cost of pro- duction forms a part. (2.) Not to give the publisher the power of pntting the profits into his own pocket by charging for »d?. .. ernents VOL. VII." in his own organs: or by charging exchange advertise- ments. (3.) Not to allow a special charge for " office expenses," unless the same allowance is made to the author. (4.) Not to give up American, Colonial, or Continental rights. (5.) Not to give up serial or translation rights. ■(6.) Not to bind yourself for future work to any publisher. As well bind yourself for the future to any one solicitor or doctor! (7.) To stamp the agreement. III. The royalty Bystem. In this system, which has opened the door to a most amazing amount of overreaching and trading on the author's ignorance, it is above all things necessary to know what the proposed royalty means to both sides. It is now possible for an author to ascertain approximately and very nearly the truth. From time to time the very important figures connected with royalties are published in the Author. Readers can also work out the figures themselves from tho "Cost of Production." Let no one, not even the youngest writer, sign a royalty agreement without finding out what it gives the publisher as well as himself. It has been objected that these precautions presuppose a great success for the book, and that very few books indeed attain to this great success. That is quite true: but there is always this uncertainty of literary property that, although the works of a great many authors carry with them no risk at all, and although of a great many it is known within a few copies what will be their minimum circulation, it is not known what will be their maximum. Therefore every author, for every book, should arrange on the chance of a success which will not, probably, come at all; but which may come. The four points which the Society has always demanded from the outset are:— (1.) That both sides shall know what an agreement means. (2.) The inspection of those account books which belong to the author. We are advised that this is a right, in the nature of a common law right, which cannot be denied or withheld. (3.) That there shall be no Becret profits. (4.) That nothing shall be charged which has not b^et. actually paid—for instance, that there shall be no charge, c advertisements in the publisher's own organs and non^ * exchanged advertisements; and that all discounts slxa\-»^0T duly entered. If these points are carefully looked after, the anthi^^ rest pretty well assured that he is in right hands. ^ ^^ViS same time he ^jll do well to send his agreement; secretary befot^ }je siguB it. <5f  ## p. 146 (#186) ############################################ 146 THE AUTHOR. HOW TO USE THE SOCIETY. 1. IiTVERY member has a right to ask for and to receive CJ advice upon his agreements, his choice of a pub- lisher, or any dispute arising in the oonduct of his business or the administration of his property. If the advice sought is such as can be given best by a solicitor, the member has a right to an opinion from the Society's solicitors. If the case is such that Counsel's opinion U desirable, the Com- mittee will obtain for him Counsel's opinion. All this without any cost to the member. 2. Remember that questions connected with copyright and publisher's agreements do not generally fall within the experience of ordinary solicitors. Therefore, do not scruple to use the Society first—our solicitors are continually engaged upon such questions for ns. 3. Send to the office copies of past agreements and past accounts with the loan of the books represented. This is in order to ascertain what has been the nature of your agree- ments, and the results to author and publisher respectively so far. The Secretary will always be glad to have any agreements, new or old, for inspection and note. The infor- mation thus obtained may prove invaluable. 4. If the examination of your previous business trans- actions by the Secretary proves unfavourable, you should take advice as to a change of publishers. 5. Before signing any agreement whatever, Bend the pro- posed document to the Society for examination. 6. The Society is acquainted with the methods, and—in the case of fraudulent houses—the tricks of every publish- ing firm in the country. 7. Remember always that in belonging to the Sooiety you are fighting the battles of other writers, even if you are reaping no benefit to yourself, and that you are advancing the best interests of literature in promoting the indepen- dence of the writer. 8. Send to the Editor of The Author notes of everything mportant to literature that you may hear or meet with. 9. The committee have now arranged for the reception of members' agreements and their preservation in a fireproof safe. The agreements will, of course, be regarded as con- fidential documents to be read only by the Secretary, who will keep the key of the safe. The Sooiety now offers:—(1) To read and advise upon agreements and publishers. (2) To stamp agreements in readiness for a possible action upon them. (3) To keep agreements. (4) To enforce-payments due according to agreements. THE AUTHORS' SYNDICATE. EMBERS are informed: 1. That the Authors' Syndicate takes charge of the business of members of the Society. That it submits MSS. to publishers and editors, concludes agree- ments, examines, passes, and collects aocounts, and, gene- rally, relieves members of the tronble of managing business details. 2. That the terms upon whioh its services can be secured will be forwarded upon detailed application. 3. That the Authors' Syndicate works only for those members of the Society whose work possesses a market value. 4. That the Syndicate can only nndertake any negotiations whatever on the distinct understanding that those negotia tions are placed exclusively in its hands, and that all communications relating thereto are referred to it. 5. That clients can only be seen by the Director by appointment, and that, when possible, at least two days' notice should be given. 6. That avery attempt is made to deal with all communi- cations promptly. That stamps should, in nil coses, be sent to defray postage. 7. That the Authors' Syndicate does not invite MSS. without previous correspondence; does not hold itself responsible for MSS. forwarded withont notice; and that in all cases MSS. must be accompanied by stamps to defray postage. 8. That the Syndicate undertakes arrangements for lectures by some of the leading members of the Society; that it has a "Transfer Department" for the sole and purchase of journals and periodicals; and that a " Register of Wants and Wanted" is open. Members are invited to communicate their requirements to the Manager. There is an Honorary Advisory Committee, whose services will be called upon in any case of dispute or difficulty. It is perhaps necessary to state that the members of the Advisory Committee have no pecuniary interest whatever in the Syndicate. NOTICES. I^HE Editor of The Author begs to remind members of the Society that, although the paper is sent to them free of charge, the cost of producing it would be a very heavy charge on the resources of the Sooiety if a great many members did not forward to the Secretary the modest 6s. 6d. subscription for the year. The Editor is always glad to receive short papers and communications on all subjects connected with literature from members and others. Nothing can do more good to the Society than to make the Author complete, attractive, and interesting. Will those who are willing to aid in this work send their names and the special subjects on whioh they are willing to write P Communications for the Author should reach the Editor not later than the 21 at of each month. All persons engaged in literary work of any kind, whether members of the Society or not, are invited to oommnnioate to the Editor any points connected with their work which it would be advisable in the general interest to publish. Members and others who wish their MSS. read are requested not to send them to the Offioe without previously communicating with the Seoretary. The utmost practicable despatch is aimed at, and MSS. are read in the order iu which they are reoeived. It must also be distinctly under- stood that the Sooiety does not, under any circumstances, undertake the publication of MSS. The Authors' Club is now open in its new premises, at 3, Whitehall-court, Charing Cross. Address the Secretary for information, rules of admission, Ac. Will members take the trouble to .ascertain whether they have paid their subscriptions for the year t If they will do this, and remit the amount, if still unpaid, or a banker's order, it will greatly assist the Secretary, and save him the trouble of sending ont a reminder. Members are most earnestly entreated to attend to the following warning. It is a most foolish and may be a most disastrous thing to enter into an agreement binding  ## p. 147 (#187) ############################################ THE AUTHOR. i47 for a term of years. Let them ask themselves if they would give a solicitor the collection of their rents for five years to oome, whatever his oondnct, whether he was honest or dishonest? Of course they would not. Why then hesitate for a moment when they are asked to sign them- selves into literary bondage for three or five years? Those who possess the "Cost of Production" are requested to note that the cost of binding has advanced 15 per oent. This means, for those who do not like the trouble of "doing sums," the addition of three shillings in the pound on this head. In other words, if the cost of binding is set down in our book at eight pounds, to this must now be added twenty-four shillings more, so that it now stands at £9 41. The figures in our book are as near the exact truth as can be procured; but a printer's, or a binder's, bill is bo elastic a thing that nothing more exact can be arrived at. Some remarks have been made upon the amount charged in the " Cost of Production" for advertising. Of course, we have not included any sums whioh may be charged for inserting advertisements in the publisher's own magazines, or in other magazines by exchange. As agreements too often go, there is nothing to prevent the publisher from sweeping the whole profits of a book into his own pocket, by inserting any number of advertisements in his own magazines, and by exchanging with others. Some there are who call this a form of fraud; it is not known what those who practise this method of swelling their own profits call it. LITERARY PROPERTY. -An Official Report of the Paris Conference. THE AUTHORS' CLUB, REFERRING to the proposal of the Authors' Club to change its quarters—a question which has been referred to the members for decision—the Literary World broaches the subject of amalgamating this club with the New Vagabond Club. The latter, it says, has largely taken the wind out of the sails of the Authors' by its monthly reunions. It recognises that the one is a club in the old sense of having a permanent residence to which members can go at all times, while the other is merely a dining club with a purely nominal subscription. Our contemporary proceeds to make the following suggestion: "The simplest way of combining would be to make the monthly dinner the joint function of both clubs, and perhaps it might be possible to admit members of the New Vagabond Club to some of the privileges of the other on a reduced subscription. We have never seen much hope of success in the policy of narrowing the range of the Authors'. In these days small clubs necessarily mean large subscriptions, and authors are not, with rare exceptions, rich enough to afford them. If the committee could halve the subscription (four guineas), and thereby attract ten times the members, we should see more promise in the undertaking. There are examples of success achieved on these lines in the popular political clubs within a few doors of the Authors' present quarters." Translated from Le Droit d'Auteur, Oct. 15, 1896, p. 132. IT is important, when speaking of the results of the Paris Diplomatic Conference, to dis- tinguish between those which amount to a material and substantial advantage gained by the International Fnion, and those wbich constitute only steps towards a higher ideal of the inter- national rights of authors. Among the former must be ranged the decisions adopted on May 4, 1896, and the legislative modifications which they have already occasioned, as at Monaco, or may hereafter occasion. Such changes, however, are neither considerable nor numerous. But by no means few are the indirect consequences of the Con- ference, those moral results which the reunion will necessarily entail, which appear to be likely to be of very great value. The Berne Union has made everyone feel its vitality. It may meet with great practical difficulties in certain countries, but in its own breast it feels no misgivings. Its members may entertain divergent views about several questions, but no country disputes the leading principle which suggested the foundation of this new International Convention. No Government is hostile to the Union. On the contrary, all are animated by the strongest desire to perfect and to consolidate its work. That is the origin of the cordial and lofty unity of feeling which dominated all the discussions of the Conference. That is the origin of the energetic and fruitful exchange of ideas, and of that sense of joint responsibility which relegated personal and national opinions to the background, in order to bring into relief the one common cause, the strengthening the bonds of the Union. And it was impossible that a spectacle so encouraging at a time like the present, should not impress the delegates of the fourteen countries which have not yet signed the Berne Convention. These gentlemen found themselves in the presence of a power, actuated by a definite aim, and resolved upon attaining it by steps, deliberate it is true, but sure. That is what several of the delegates remarked at the Conference itself Others will have said the same thing to th.%lr Governments. A great tide of sympathy; surging up around the Union, as it beco^ better known, and better appreciated; and. Vv^? tide of sympathy, in itself of the greatest v»v^* will sooner or later lead to action. Vvs,i The first Toice to have made itself of$^ heard is that 0{ M- Miguel Cane\ Minister ^^-V^n^  ## p. 148 (#188) ############################################ THE AUTHOR. Argentine Republic at Paris; an acute observer, and a literary man of high rank, as his works prove. The report addressed by the Argentine delegate to the Minister of Foreign Affairs at Buenos Ayres, on May 8, 1896, has been pub- lished by an Argentine journal, not inconside- rately, but, as we are informed, "on purpose to evoke expressions of opinion." The conversion of a man of M. Cane's intellectual standing should be placed to the credit account of the Conference of Paris. He has become a fully convinced apostle of the cause of the Convention, and makes before his fellow countrymen the most explicit avowal of his sentiments. This fact might well be recommended to the considera- tion of those who, on the other side of the sea, suppose that they can still defend the lawfulness of literary piracy. We shall analyse this report for their benefit. M. Cane, after having briefly described the results of the Conference, explains the position of the delegates representing countries outside the Union, and more particularly his own; and he says: "In one of my first communications I explained to your Excellency that my views, at the moment when I received the honourable commission to represent my Government at the Conference, were opposed to all arrangements respecting literary and artistic property. In fact, the subject had never seriously occupied my attention, and I must humbly confess that I was even ignorant of the approval, on the part of the Argentine Congress, of the Treaty concluded at Monte Video on Jan. 11,1889. I was at this time of the opinion, a mistaken one, that it was by no means advantageous for a country that produced little or nothing in the way of art to agree to treaties intended to limit the free right of reproduction of foreign intellectual works. In this matter I did not take my stand upon the question of the material interests of the publishing trade (about which I was indifferent), but I took the higher view of the possibility of placing within the reach of the public at the low prices which illegitimate re- production makes possible, the means of in- structing their minds, and of improving their tastes. "But in the presence of the Treaty of Monte Video, which is at present law amongst us, I at once perceived that it was no longer possible for me, in my official character, absolutely to main- tain these positive opinions, when the Argentine Government—following the bent of the civilised world—had admitted the principle of the recog- nition of the rights of the intellectual worker. Afterwards, reflection, seconded by long conver- sations with eminent men, amongst whom were many of those who were delegates at the Con- ference, convinced me that the liberty to commit literary theft, which is accorded to the publisher and booksellers in the Argentine Republic, must in the end inevitably lead to two results, and these results are already palpably discernible amongst us. "The first is the propagation, generally in the form of vile translations, of an unwholesome, low- classed literature, absolutely incapable of elevating or even of maintaining at its present level the intel- lectual status of our country, which if not high, is frankly progressive, like that of all new countries. It is not literary works of the highest class that tempt the covetousness of publishers, but naturalistic novels, indecent prints (estampes obscenes), trivial music, and marbles and bronzes which can be termed works of art only by an indulgent misuse of words. Is it for the sake of insuring diffusion of educational forces of this sort that a country is justified in stifling the voice of conscience com- manding it to protect all lawful rights? "The second result is that the nation's own pro- ductiveness, in the way of literature and of the arts, does not find, and cannot find, the means neces- sary for its existence and for its development, in consequence of the irresistible competition of the foreign product, whose form and character I have just described. Now, if, guided by a sense of moral dignity, and by a sense of what I believe I have demonstrated to be the wider interests of our country, the Argentine Republic would join the Berne Convention, the publishers established amongst us would have, when reproducing foreign works, to pay the authors for their rights. If compelled to do this, it is certain they would not dream of reproducing any works except those of the highest rank, whose importance and certain sale would indemnify them from the expenses incurred in the acquisition of the rights. As for foreign educational works, one of two things will ensue: either their value will guarantee a profit which will amply compensate for the payment made to the authors, or else they will not be reproduced, but be easily replaced by national productions. "Apart, however, from all these utilitarian con- siderations, I am persuaded, vour Excellency, that if a tinker possesses, by law, the absolute right over any saucepan which he has made, there can be no reason, in a civilised country like ours, for depriving of the same legal pro- tection the literary man or the artist, who by intense cerebral labour has produced a book, a picture, a statue, or an opera. The base of our social organisation is property. The theory in accordance with which a work of art is less the individual production of the artist than the  ## p. 149 (#189) ############################################ THE AUTHOR. 149 product of his epoch or his intellectual circum- stances, and so ought rather to belong to humanity collectively (because that has rendered the production possible) than to the individual, could not be logically applied to intellectual products alone. It would be even more reason- ably applicable to those industrial products which the law, nevertheless, distinctly protects. "These are the views which, as well as the above-mentioned Treaty of Monte Video of 1889, ■determined the attitude I felt it my duty to take at the last sitting of the Conference. In the few •words which I, on that occasion, spoke to express my thanks for the invitation addressed to my -Government by the Government of France, I mentioned what had been already done in this direction in the Argentine Republic—I refer to the example of honesty set by some of our journals who have made arrangements with foreign authors for the reproduction of their works—and, without committing my Government, I expressed my resolute intention to do all in my power to persuade the Argentine Republic to join the Berne Convention. No doubt, at th3 present moment, our accession to the Union involves practical difficulties, because there is no law regulating such matters amongst us. The Berne Convention constantly refers to the interior legislation of the contracting countries, to which legislation it leaves a very wide latitude. And in case of a contravention of the Treaty, our tribunals would not be able to exact penalties which do not exist. I believe, then, that if the Argentine Government decides upon entering into the Union created by the Berne Convention, the first step to be taken will be to pass a special law bearing upon these matters." M. Cane then recommends that in the prepara- tion of this enactment a middle course should be taken between the French law, which is very concise and very liberal, and the new Norwegian law, which is very explicit. In his opinion it would be enough, until further experience had been gained, to establish a recognition of the author's right, the duration of copyright, a clear enumeration of the works which are to be pro- tected, and the penalty to be exacted for any infraction of the law. When the working of the new law had brought its faults, or inconveniences, to light, it might be reformed; or even abrogated, if joining the Union turned out, after all, pre- judicial to the evident interest of the country. In M. Cane's opinion, however, there is no danger of its turning out to be anything of the kind. We sincerely congratulate M. Cane upon the promptitude with which he has entered the lists m the cause of honesty and right, and not less upon his courageous explanations, which are 3, victorious confutation of the obstinate prejudices of many of his compatriots. II.—Denmark and the Union. A copyright law, which would permit Denmark to join the Berne Union has a good chance of being passed by the Danish Parliament which assembled on Oct. 5. Since Norway has joined the Union active opposition to international copy- right in Denmark is much diminished. {Droit <TAuteur.) III.—Agreement with Publisher. The Droit d'Auteur giveB the following points from the report upon "Agreement with Publisher," which M. Pouillet presented to the Berne Congress. It should be mentioned that the Association has given up the project of elaborating an international law for the regula- tion of the publisher's agreement, first of all, on account of the vast differences of usage in different countries ; and, secondly, because it was impossible to provide for all contingencies. On the other hand, its investigations led to the esta- blishment of a certain number of points, respect- ing which there exists, at least in theory, a pretty general agreement. These points are :— The agreement with the publisher is a contract by which the author confers upon the publisher the right to reproduce his work in a certain number of copies. The agreement is always presumed to refer to one kind of reproduction only, and to be of limited application. If the agreement does not fix the number of editions, the publisher has a right to publish only one edition. The author cannot renounce the usual hono- rarium unless there is an expressed understanding to that effect. The author is to assure the publisher the free enjoyment of the right ceded him. The publisher is to publish the work as promptly as possible, and to make it known to the public by all means at his disposal. If the agreement refers to several successive editions, the publisher is to bring out the new editions so as to avoid any interruption in the delivery of the work. tC\ 1 • WOrk' -ulUbed as banded over by fiJtS? "i0 1» V^tt ^bidden to make a^r. The 6bape at notes or jnake in the proofs _„ consider nseinl, ^ ,. u,ts a t,D be •  ## p. 150 (#190) ############################################ THE AUTHOR. these corrections do not diminish the value of the work. The rights conferred upon the publisher by the agreement cannot be transferred by him, except in the case of his parting with his stock-in-trade. If the dues payable to the author depend upon the number of the copies sold, the publisher ought to vouch for the number sold by a memo- randum signed both by himself and by the printer, He ought also to furnish the binder's memorandum. Every fraud respecting the number of copies published will be punished as a penal offence, without prejudicing the damages to be claimed. IV.—Proposed Law for the Stamping of Books. In July last M. Vignu d'Octon, Member for the Department of Herault, delivered to the Bureau of the Chamber of Deputies a draft of a law requir- ing an official stamp to be affixed to every copy of every work published in France. In explanation of his aims we subjoin the enacting clauses of the proposed law. Art. i.—Printed publications of every kind, with the exception of newspapers and periodical publications, and of those which comprise altogether less than one page of letterpress, are to have affixed to them a special stamp intended as a guarantee of their authenticity. In the case of works in several volumes the stamp is to be affixed to every volume. In the case of works which appear in parts the stamp is to be affixed to the first part of every volume, if the actual text of the work comprised in the part extends at least to one page of letterpress, exclu- sive of title, engravings, preface, introduction, or table of contents. Art. 2.—At the time when each stamp is affixed the State shall be entitled to receive a sum not exceeding one centime per copy. A public regulation shall determine all details respecting the affixing of the stamp, the places in which it shall be affixed, the forms in which the affixing of the stamp shall be registered, and all other measures for the execution of this law. Art. 3.—The stamp is obligatory, and forms an integral part of the volume. Every unstamped copy will be regarded as a piracy. Art. 4.—Works of which the copyright has ex- pired do not require to be stamped. Art. 5.—The present law applies to Algiers and the Colonies. M. Vignc d'Octon explains his reasons for proposing this law as follows :— "The existing laws and enactments require j>rinters and publishers to deposit, at the Pre- fecture and at the Home Office, two copies of the works which they publish, and bind them at the same time to declare the actual number of printed copies drawn from the press. Without wishing to enter into all the reasons which prompted these regulations, it is evident that authors would find in the exact compliance with the above formalities both an evidence of the royalties to which they are entitled, and also an easy method of verifying the multiplication of their works. But if the formalities of deposit are exactly complied with, the same cannot be said of the declarations con- cerning the number of copies printed. As a rule, no information is given after the first edition. Such statements as are made present no guarantees of correctness; and there is no way of checking thorn. In consequence, difficulties between authors and publishers are not only possible, but, as a matter of fact, frequently occur; difficulties which arise from the peculiar character of literary property, and indeed from the very nature of intellectual works. At the same time, it cannot be doubted that every copy of a work printed without the consent—whether gratuitous or remunerated—of the author is a piracy; and both authors and readers should be secured against this piracy. In the course of last March the committee of the Societe des Gens de Lettres had presented to it by M. Chosson (the author of the most exhaustive, fullest, and clearest work on literary property which we possess) a suggestion that volumes should l)e so- stamped as to verify the number of copies printed. No action, however, was taken, as it was feared that all private enterprise would be powerless to check long established commercial practices, howsoever great their injustice. I ought not to omit to mention that, at a date which I cannot exactly fix, my illustrious master, M. Edmond de Goncourt, devoted himself to the consideration and preparation of a law to the same effect. My proposal is, therefore, one analogous to that of M. Chosson and of M. Edmond de Goncourt; and I make it considering that it is the first duty of the Legislator to correct the imperfections of previous laws, and to regulate the possession and working of intellectual property, which, by its very nature, is insufficiently protected by general enactments." _ V.—The Question of Agreements. Mr. H. A. Moncrieff writes to the Publishers' Circular and Booksellers' Record, of Nov. 21, upon a recent decision on a question of copy- right law. Generally speaking, he says, in agree- ments made between authors and publishers, based upon the principle of a division of profits, the idea is that the publisher shall find the money  ## p. 151 (#191) ############################################ THE AUTHOR. •5' for the joint venture, take all risks, bear all losses, and divide any profits at certain fixed periods. In the case to which he refers, a certain publisher A. had contracted with an author B. to print and publish his works on these conditions. The agreements for each book were of a personal nature, only the actual contracting parties being mentioned. For a time matters went smoothly, but presently there seem to have been differences about profits. Shortly afterwards A. got into financial difficulties, and Mr. Moncrieff was was appointed receiver. "On going through A.'s agreement," he says, "I saw that my rights, even under the compre- hensive order made by the Court, were by no means definite, and for this reason I approached B. with a view to induce him to buy out A., and so be free to make arrangements elsewhere for the future publication of his works. Interviews and negotiations dragged on for over two months, and it is only fair to B. to say that he acted throughout in a courteous snd friendly way. Unfortunately, I failed to obtain an offer from him. Finally, another publisher, C, made an offer for the stock and such rights as I had, C. being prepared to take all risks, and I verbally agreed to accept this offer, subject to the consent of the Court. It will be understood that B. could only claim one half interest in the stock and plant, and as C. was prepared to make new and liberal terms with B., the arrangement promised to satisfy all parties. . , . At this stage of the proceed- ings the family solicitor was consulted and a writ was promptly issued. The author was 'pro- tected' by stopping the circulation of his books and the revenue therefrom, and the advantages of this action are somewhat doubtful. The writ claimed: "(i) Au injunction against A. and the receiver, restraining either or both from parting with or selling any of the property comprised in any of the several agreements between A. and B. "(2) That these contracts had lapsed and deter- mined by A.'s failure, B. being an uupaid credi- tor; and in the Court it was argued that, A. being insolvent, the solvent partner, B., was en- titled to custody. "(3) Damages for breach of contract and power to appoint a receiver. "The motion was argued at some leDgth, and many well-known precedents were, as usual, cited. Eventually the Court held: "(1) That the contracts between A. and B. were of a personal nature, and could not be assigned by A. without the consent of B. way of trade, but B. was entitled to his share of any profits arising from such sales. "(3) That the property as a whole should not be sold or assigned to a third party within the consent of the Court." "This decision," continues Mr. Moncrieff, "decides for the time being a point upon which much uncertainty of opinion seems to prevail, and it may be capable of wide application. If A. personally and expressly- contracts with B., the former cannot assign and transfer the sup- posed benefits—or otherwise—to a third party without the consent of B., and that consent B. is not legally bound to give. "If A. takes a partner into business with him, these personal contracts do not pass to that partner. Unless he continues the business in A.'s name he may have no right to reprint A.'s books, and it is doubtful whether he can publish them at all except by consent. If A. wishes to sell a few of his unprofitable speculations, and he often does wish, he is absolutely at the mercy of the authors under such contracts as these. The so-called goodwill of A.'s business, so far as it consists of personal contracts, is not his own, but a joint and indivisible asset, and as such cannot be transferred without the consent of all parties interested. "While willing to admit that there is something to be said from the author's point of view, I contend that these personal contracts imply a grave risk to the publisher. It goes without saying that many firms quite understand this, and never put their hands to such documents. But I have in my possession at this moment over fifty agreements, some printed forms, and bearing names well known in the publishing world, and the bulk of them make no provision for con- tingencies highly probable in ordinary life. Common sense and mutual interests may prove sufficient to counteract mischief in many cases, but after my own experiences of late I should prefer to rely on a tight and comprehensive agree- ment, with a stamp on it." ere "(2) The existing stock, being joint proper sated while the contracts were valid an.(j h force, could be sold by the receiver in the na ^ —' VOL. VII. VI.—Griffith v. The Tower Publishing Company Limited and Moncrieff. (High Court of Justice.—Chancery Division, before Mr. Justice Stirling.) This case raised a question of considerable importance to authors and publishers as to the assignability of the rights under a publishing agreetnent. The plaintiff was the author of three >,0vel3) catted "The Angel of the Revolu- tion'» ifflffa Romanoff, or the Syren of the SkU A 0uttaws of the Air," in ^ V' & „r\i °f "which be had entered into an  ## p. 152 (#192) ############################################ THE AUTHOR. agreement with the Tower Publishing Company for their publication in volumes, the novels having previously been published in serial parts in Pearson's Weekly, The agreements in ques- tion were made by letters passing between the manager of the company and the plaintiff, and by them the company undertook the publication of the books upon the terms that they took all risks and were only to charge the plaintiff with actual out-of-pocket costs of printing and adver- tising, and were to hand over to him half of the ascertained profits. The copyright of the works was to remain with the plaintiff and Mr. Pearson, with the proviso that the defendant company was to have the sole right of producing the works iu volumes subject to the agreements. The defen- dant Moncrieff was the receiver, who had been appointed by the court in a debenture-holder's action brought against the company, and he had informed the plaintiff that it was his intention to sell the whole of the assets of the company, including the benefit of the agreements between the company and the plaintiff, without consulting him. In consequence of this the plaintiff brought this action, and now moved for an injunction to restrain the defendants from selling without his consent any of the property or assets in their possession under or by virtue of the agreements, and also from selling or assigning without the like consent the benefits, rights, or interest alleged by the defendants to be vested in them under the agreements. Mr, Millar, Q.C., and Mr. T. B. Napier appeared for the plaintiff, and argued that such agreements were merely personal to the individual entering into them, and could not be assigned. They relied upon the following cases:—Hole v. Bradbury (L. Rep. 12 Ch. Div. 886); Stevens v. Benniny (24 L. J. 153, Ch.), and Read v. Bentley (4K. &J. 656). Mr. Hastings, Q.C., and Mr. E. Ford, for the defendant Moncrieff, contended that the principle of those authorities did not apply to the case of an agreement between an author and a limited company. With regard to the copies of the books in his hands as receiver, and the illustration plates and other matters in connection therewith, he was willing to undertake not to dispose of them except under the direction of the court in this action. The company did not appear. Mr. Justice Stirling said that, if the agreement in question had been entered into by the plaintiff and an individual or a partnership firm, the authorities were clear that the contract was of a personal nature, and the benefit of it was not assignable. It was said that there was a difference between that case and the case of a similar con- tract with a limited company. His Lordship would hesitate long before accepting that view of the law. The result would, he thought, be very startling to many authors who had entered into publishing agreements with the numerous firms which had recently been turned into limited com- panies. It would be going too far to lay down such a principle. Authors might reasonably have confidence in a company, just as much as in an individual or partnership firm. His Lordship thought it would be wrong to draw any such distinction as was suggested. The other part of the case had been very fairly met by the defendant, and his Lordship would accept the undertaking. From the Times, Oct. 31. VII.—Control of Copyright. It is absolutely necessary that writers of scien- tific, technical, medical, educational, theological, &c., works, should not part with their copyright. These books 0 instantly require to be brought up to date on account of new discoveries and fresh knowledge on the subject. It is therefore of the utmost importance that the author should he able at stated intervals to regain the control of his book. Several cas. s have come before the Society in which a specialist writer on a given subject has had the fruits of his labours taken out of his hands by the fact that he has sold the copyright, and cannot regain control of his work. VTII.—The Liability of Publishers. At the Westminster County Court, yesterday, his Honour, Lumley Smith, tried the case of JVatson v. Newnes, ,in which the plaintiff, Mr. Robert Watson, a journalist and author, sued Messrs. George Newnes and Co., publishers, to recover damages for injury alleged to have been done to the manuscript of a novel which had been placed in their hands with a view to publication. The plaintiff was called, and said he was a journalist. In the early part of the present year he submitted to the defendants the manu- script of a novel for the purpose of inser- tion in one of their journals. But, after keeping it for five months, the defendants returned it, in a damaged and disordered condition. The defence was that the novel was found to be unsuitable for publication, and that so far as the defendants were aware, it was returned in the same con- dition as it was received, In giving judgment his Honour said the plaintiff's case failed as to the delay, and as to the damage to the manu- script he did not think it was proved. Judg- ment, therefore, would be for the defendants.— The Daily News, Nov. 13.  ## p. 153 (#193) ############################################ THE AUTHOR. i53 IX.—Pitt Pitts v. E. George and Co. Friday, November 6, 1896. In the Court of Appeal, before Lord Justice Lindley, Lord Justice Lopes, and Lord Justice Kigby. [From the shorthand notes of Messrs. Marten, Meredith, and Henderson, 13, New-inn, Strand, taken for the Society.] Judgment. Lord Justice Lindley.—The plaintiffs aie the assignees of the English copyright in a German piece of music published at Leipsic, and they seek to restrain the defendants from importing into this country for sale here, copies of the piece of music lawfully printed in Leipsic and sold to the defendants in Brussels. The title of the plaintiffs is admitted; and it is conceded that although they have not registered their assignments, that circumstance is imma- terial having regard to the International Copy- right Act, 1886, and to the decision in Hanf- staengl v. The American Tobacco Company (1895, 1 Queen's Bench, page 347). It is further con- ceded that the question turns on the statutes relating to copyright in books, and not on the statutes relating to the performance of musical composition or dramatic pieces. Mr. Justice Kekewich decided that the defen- dants were not infringing the plaintiffs' rights; and from that decision the plaintiffs have appealed. The case turns on the true construction of sections 2, 11, 13, 15, and 17 of the Copyright Act, 1842 (5 & 6 Victoria, chapter 45) ; and of sections 2, 3, 10 of the International Copyright Act, 1844 (7 Victoria, chapter 12). The Copy- right Act of 1842 (5 <fc 6 Victoria, chapter 45) has no reference to copyright in foreign works under any International Copyright Act. It contains, however, two sections for the protection of copyright in other books, namely, sections 15 and 17. Section 15 gives a remedy by action on the case for (1) printing in any part of the British dominions, for sale or exportation, any book in which there is copyright, without the consent in writing of the proprietor of the copy- right; (2) importing for sale or hire any such book so unlawfully printed; (3) selling, publish- ing, or exposing for sale or hire any such book known to have been so unlawfully printed or imported; (4) possessing for sale or hire any such book known to have been so unlawfully printed or imported. The section is so wordpri as apparently not to hit the importation of co> • printed in foreign countries. This result V^S to the use of the expressions "such book" ^\jg vou vii. "so having been unlawfully printed," which occur after the clause which prohibits printing. I understand these expressions to mean as follows: "Such book" means any book in which there ia copyright under the Act. "So having been un- lawfully printed," means printed in any part of the British dominions without the written consent of the proprietor of the copyright. Section 17, however, goes further as regards the importation of printed books first composed or written or printed and published in the United Kingdom. If there is copyright in such books, the importa- tion of copies into any part of the British dominions for sale or hire, except by the pro- prietor of the copyright or by some one autho- rised by him, is absolutely prohibited wherever such copies may be printed, and all such copies may be seized and destroyed by the officers of customs or excise. Penalties, moreover, are inflicted on the importers, and on persons who sell, publish, expose for sale, or let for hire copies known by them to have been unlawfully imported. This section, however, is confined entirely to printed books first composed or written, or printed and published in the United Kingdom. It does not apply to other books. Neither of these sections prohibits importation for private use, but only importation for sale or hire; neither of them, moreover, is framed with a view to protect copy- right in books first published in foreign countries, nor would the language of these sections be applicable to such books unless made so by some other statute. Neither of these sections, moreover, alludes to any remedy by way of injunction. But having regard to well settled principles of Courts of Equity, there can be no doubt that an injunc- tion would be granted to protect the owner of copyright conferred by the Act, and to restrain an infringement of either section. I pass now to the International Copyright Act, 1844 (7 & 8 Victoria, chapter 12). This statute replaced an earlier International Copyright Act of 1838 (1 & 2 Victoria, chapter 59), which was found insufficient for the purpose of enabling the Crown to confer on the authors of works first published in foreign countries, copyright to the same extent and with the same remedies for infringement as the authors of works first pub- lished in this country enjoyed under our own Copyright Acts. The preamble of the Act of 1844 alludes to this defect, and its main object is to remedy it. Accordingly section 2 enables the Crowti to confer on the authors of books first pub- lished in foreign countries, the privilege of copy- right Vi rei*1' an<^ sec^on 3 Cllacts that persons on wh.<\ tike , privilege i8 conferred shall be entitled to IV* 8 fit °* t1ie Act 5 & 6 Vlttoria> chapter *Vtv hefl^wie manner as if such books had been 45> *2  ## p. 154 (#194) ############################################ '54 THE AUTHOR. first published in the United Kingdom. The language of this section 3 is so important that I will read it: "And be it enacted that in case any such order shall apply to books, all and singular the enactments of the said Copyright Amendment Act, and of any other Act for the time being in force with relation to the copyright in books first published in this country, shall from and after the time so to be specified in that behalf in such order and subject to such limitation as to the duration of the copyright as shall be therein con- tained, apply to and. be in force in respect of the books to which such order shall extend, and which shall have been registered as hereinafter is pro- vided, in such and the same manner as if such books were first published in the United King- dom." Then there is an exception about the British Museum which I pass over. This section, unless controlled by section 10, requires the court in effect, and so far as possible, to apply sections 15 and 17 of 5 & 6 Victoria, chapter 45, to books first published in foreign countries. But before attempting to do this it is necessary to consider section 10 of the Act of 1844, and to ascertain to what extent, if at all, it modifies section 3 or excludes the application of the sections 15 and 17 of the Act of 5 & 6 Victoria, chapter 45. Section 10 of the 7 & 8 Victoria, chapter 12, is as follows: "And be it enacted that all copies of books wherein there shall l>e any subsisting copyright under or by virtue of this Act, or of any Order in Council made in pursuance thereof, printed or reprinted in any foreign country except that in which such books were first published, shall be, and the same are hereby, absolutely Tjrohibited to be imported into any part of the British dominions, except by or with the consent of the registered proprietor of the copyright thereof, or his agent authorised in writing, and if imported contrary to this pro- hibition, the same and the importers thereof shall be subject to the enactments in force relating to goods prohibited to be imported by any Act relating to the customs ; and as respects any such copies so prohibited to be imported, and also as respects any copies unlawfully printed in any place whatsoever of any books wherein there shall be any such subsisting copyright as aforesaid, any person who shall in any psrt of the British dominions import such prohibited or unlawfully printed copies, or who, knowing such copies to be so unlawfully imported or unlawfully printed, shall sell, publish, or expose to sale or hire, or shall cause to be sold, published, or exposed to sale or hire, or have in his possession for sale or liire, any such copies so unlawfully imported or unlawfully printed, such offender shall be liable to a special action on the case at the suit of the proprietor of such copyright, to be brought and prosecuted in the same courts and in the same manner, and with the like restrictions upon the proceedings of the defendant, as are respectively prescribed in the said Copyright Amendment Act with relation to actions thereby authorised to be brought by proprietors of copyright against persons importing or selling books unlawfully printed in the British dominions." It will be observed that this section expressly excepts from its operation the importation of copies made in the country in which the copyright book was first published. This exception is quite new, and the reason for it is not stated. Moreover, the express prohibition against importation does not extend to copies printed in any of the British dominions. Such copies are, however, included in the second part of the section, which gives a remedy by action in respect of the importation of books unlawfully printed anywhere. The con- sequence appears to be that the Customs-house officers cannot, under section 10, seize any copies of a foreign book in which there is copyright under the Act of 1844 unless such copies have been printed in some foreign country other than that in which the book was first printed. Copies printed in that country or in any part of the British dominions cannot be so seized under the section in question. The reason for this is difficult to discover. The power of seizing copies wrongfully imported for sale or hire under section 17 of the 5 & 6 Victoria, chapter 45, extends to copies printed anywhere abroad. Again, in framing section 10 the Legislature, in prohibiting importation, has drawn no dis- tinction between importation for sale or hire and importation for other purposes. The distinction drawn is between importation with the consent of the proprietor of the copyright, and importation without such consent. This was no doubt deemed an improvement. But why section 10 was framed as it is, and why, if intended to qualify and cut down the effect of section 3, those two sections should be left as they are, I confess I am unable to discover. But however difficult it may be to account for the language in which section 10 is expressed, it is not difficult to interpret that language as it stands. Beading it in its plain literal sense, the present case is expressly excepted from the operation of the section, for the impor- tation complained of is of copies not only printed, but also lawfully printed, in the country in which the copyright work was first published. So that the present case is not covered either by the first part of the section, which prohibits im- portation; nor by the second part, which gives a remedy by action. We are thus thrown back on sections 15 and 17 of 5 & 6 Victoria,  ## p. 155 (#195) ############################################ THE AUTHOR. i55 chapter 45, with a direction (see sect. 3 of the Act of 1844) to apply them to a case to which their language is apparently inapplicable, and with a statement (see the preamble) that the •object is to confer on the owners of copyright in foreign works greater rights than would have been conferred upon them under the earlier Inter- national Copyright Act, and similar in all respects to those enjoyed by British authors. The work here in question must be deemed to have been first published in this country, and the plaintiff must be treated as if he were the owner of the copyright in this country in such work. Section 30? the Act of 1844 clearly requires these assumptions to be made. Section 3 does not say "first printed and published," but I do not attach importance to this verbal criticism. To attribute importance would nullify section 3. I take " publish in section 3 to include printing for publication. They appear to me necessarily to involve as consequences that the expressions "such book" and "so having been unlawfully printed" which occur in sections 15 and 17 of 5 & 6 Victoria, chapter 45, must be applied to the work the copyright in which belongs to the plaintiff. I have already pointed out that this could not be their meaning in the statute 5 & 6 Victoria, chapter 45. Even if section 15 cannot be held to apply owing to its language being restricted to printing in the British dominions, section 17 can, for, as already pointed out, its scope is under. To hold that neither section applies is to hold that section 3 of the Act of 1844 is absolutely nugatory; and in obedienee to this section the difficulties in applying sections 15 and 17 of 5 & 6 Victoria, chapter 45, to this case must be got over. The alterna- tive is to hold that the plaintiff has no remedy for a manifest injury, and that Parlia- ment failed in 1844 to give effect to its de- clared intention. Mr. Scrutton, in his very able argument, almost persuaded me that this was so. His contention was that section 10 was intended to be a code containing a complete enumeration of the remedies available for an infringement of copyright in foreign works, and that it was in- consistent with sections 15 and 17 of 5 & 6 Victoria, chapter 45, if applied to such copyright. I confess I was much struck with this contention, but I cannot adopt it. Section 10 is certainly not a complete code, for in the face of section 3 it cannot be regarded as impliedly depriving the proprietors of copyright under the Act of 1844 of any of the rights which that section, and the statute there referred to, confer upon them, ijn truth is, that when closely examined section will be found not to cover the whole »>, \° covered by section 3 and the incorporated s^?^d 15 and 17 of 5 & 6 Victoria, chapter 45. What then is the true inference from the express exception in section 10? Is it to be inferred that the foreigner entitled to copyright in this country is liable to have that copyright infringed by any importer of books printed in his own country? Or is the inference to be that as regards such books he is entitled to the same protection as a British author would have under the Act of 1842? The latter inference is most in accordance with legal principles and good sense, and is the only inference which is consistent with the preamble and section 3 of the Act of 1844. If the defendants' contention were correct, it would follow that a foreign author could assign his English copyright, and import and sell copies of his work here in competition with his own assignee unless prevented from so doing by express agreement. Such a state of our law would not be very creditable, and I am glad to find that the court is not driven to hold the law to be so unsatisfactory; nor to hold that, owing to a blunder in drafting, the Legislature has con- spicuously failed to attain its declared and mani- fest object. One other point was urged which requires notice. The defendants are purchasers of the books they have imported, and it is contended that they have a right to dispose of those books as they like without any interference from the owner of the foreign copyright or from the plaintiffs who claim under him. The right, however, of the defendant to use in this country the books which he bought abroad depends on the law of this country, and not on the law of the place of sale. The copyright in this country confers upon the plaintiffs rights here which no contract of sale abroad by other persons can deprive them of. Even if the defendant had bought his copies direct from the proprietor of the foreign copyright, the defendant would be in no better position as against the plaintiffs than such proprietor himself; and for reasons already given he could not justify what the defendant claims the right to do. The appeal must be allowed with costs here and below. An injunction must be granted to restrain future importations for sale or hire without the consent of the plaintiff, and there must be an- inquiry as to the damages sustained by the plaintiff by reason of the importation for sale or h.ire of 9UC^ copies before the date of this j^^^gtice Lopes.—It is with great diffidence thj»4^ i-rfot from m? ^rot,hers in this case, who H \ al*1 ^ore familiar than I am with these ^.^ . ..K'T* 1 Ms/but after careful consideration I £cte,^vit after careful consideration \ /  ## p. 156 (#196) ############################################ •56 THE AUTHOR. have arrived at the same conclusion as Mr. Justice Kekewich in the Court below. The piece of music in question was first published in Leipsic, and the plaintiffs are the assignees of the English copyright in this German piece of music. Copies of the piece of music printed in Leipsic and sold to the defendant in Brussels have been imported into this country for sale here. The plaintiffs seek to restrain the defendants from such importation. Whether they can do so depends on certain provisions in the Copyright Acts which are by no means clear. Sections 15 and 17 of the 5 & 6 Victoria, chapter 45, have been relied on. I cannot discover how the prohibition contained in section 15 can apply to the importa- tion of books printed in foreign countries in which an English author had no copyright. This section applies to the British dominions only. Nor can I see how section 17 applies to a case like the present. It is directed against the importation of foreign copies of copyright works, first composed or written or printed in the United Kingdom. This piece of music was first published in a foreign country, namely, in Germany. ■ We must now look at the 7 & 8 Victoria, chapter 12, and the important section is section 10. This section deals with copies of books (books by the interpretation section including sheets of music) subsisting under this Act or of any Order in Council made in pursuance thereof, but printed or reprinted in this country. If there was nothing more this section would cover the present case, but there occur in the section these important words " in any foreign countries except that in which such books were first published." I am unable to disregard this excep- tion, which in my judgment was inserted to meet a case like the present. It is said that the exception is to be disregarded because section 3 of the same Act says that "in case any such order" (that is to say, the Order in Council) "shall apply to books all and singular the enact- ments of the said Copyright Amendment Act (5 & 6 Victoria, chapter 45) and if any other Act for the time being in force with relation to the copyright in books first published in this country shall from and after the time so to be specified in that behalf in such order, and sub- ject to such limitation as to the duration of the copyright as shall be therein contained, apply to and be in force in respect of the books to which such order shall extend, and which shall have been registered as hereinafter is provided in such and the same manner as if such books were first published in the United Kingdom," &c. The question is whether anything in the section is so repugnanc to the exception contained in section 10 as to render it inoperative. I think they may be read together, section 3 dealing with foreign countries, not being countries where such books were first published, and section 10 excepting countries where the books were first published. It is said this imposes a great hard- ship on the plaintiff and assignee circumstanced in the same way as the plaintiff. That may be so, but we have to construe the Acts of Parliament,, and the plaintiff might have protected himself by an express covenant. I think that this appeal should be dismissed with costs. Lord Justice Rigby.—This case has been argued only on the construction of the two Acts of 1842 and 1844, as modified with reference to registra- tion by section 4 of the Act of 1886. It seems necessary, however, to refer to other Acts for the purpose of arriving at a clear view of the whole scheme of copyright law at any given time. The material section of the Acts are singularly involved in their provisions, owing, no doubt, partly to the difficulty of getting through Parlia- ment any Bill extending the right of authors, and partly to the fact that provisions for the protec- tion of copyright were confused with provisions for the protection of revenue, as will hereafter appear. The Copyright Amendment Act, 1842 (5 <fe 6 Victoria, chapter 45), whether by section 15 or by section 17, provides only against importation for sale or hire. A book lawfully printed abroad might, so far as this Act is concerned, be law- fully imported by the owner for his own private use, although not for sale or hire. The statute of 1709, the 8th of Anne, chapter 19, gave copy- right only in Great Britain, and made no distinc- tion between copies imported for sale and other copies imported. The distinction between impor- tation for sale and other importations was in 1735, as I think for the first Time, introduced in an Act for the protection of copyright in engravings— that is the 8th George II., chapter 13. But the Act which seems to have afforded a basis for section 17 of the Act of 1842 is the Act of 1739, the 12th of George II., chapter 36. It was not a copyright statute at all, but a Revenue Act founded upon the consideration that the duty on paper imported for printing books exceeded the duty on printed books. The statute was not required for the protection of copyright in books. It was fully effectuated as to importations by the statute of 1709. The prohibition extended to books in which there was no copyright, if only there had been a printing of them within twenty years. The printing was in that Act the very thing aimed at, whilst in the Copyright Acts the  ## p. 157 (#197) ############################################ THE AUTHOR. 157 protection of the owner of the copyright is the important point. This Act related to importa- tions into Great Britain only. The International Copyright Act of 1838 (1 & 2 Victoria, chapter 59), repealed by the Act of 1844, by section 1, empowered Her Majesty by Order in Council to direct that the authors of books pub- lished in any foreign countries, or their executors, administrators, and assigns, should have the sole liberty of printing and reprinting such books within the United Kingdom and every other part of the British dominions. Sect. 8 enacted that" if any person in the United Kingdom or any other part of the British dominions should print, reprint or import for sale "—there is no doubt the word means imported from a foreign country for sale —" any book to which the Order in Council should extend without the consent of the author or other proprietor of the copyright first had and obtained in writing, shall be liable to special action on the case at the suit of the author or other proprietor of the copyright." It is manifest that the copyright here spoken of is the British copyright under the British International Copy- right Act, and it is to be observed that no exception is made of books imported from the foreign country where they were first published. On the other hand, the importation of books otherwise than for sale, as for instance for hire or for the private use of the importer, was not struck at. The Copyright Amendment Act, 1842, like the Act of 1838, extended the copyright to the whole of the British dominions. Section 15 of this Act is in pari materia with section 8 of the Act of 1838. Its operation is extended as to imports by adding to the words "for sale" the words "or hire," but as to the importations which it is aimed at we should expect to find them to be the same in both sections, and I have been unable to see any reason why there should be any difference in this respect. Section 17 of the Act as before suggested, and a comparison of the wording, shows it is evidently based 011 the Act of 1739, adding to the words "for sale" the words "or hire." Probably in both sections the words "or hire" are introduced because of the development of the circulating library system. Comparing therefore the Act of 1838 with that of 1842, the first named Act authorised, subject only to questions raised on the precise construction of section 15 and 17 of 'he later Act, at least the same amount of protection from imported books to be given to copyright under that Act, which was giv^n to copyright in books first published iu 11 United Kingdom by the last Act, except +, importation for hire was not prohibited. Jjfe.*W Act prevented the importation from f. Hqgf countries of books for the private use of the importer. It is, however, material to be noted tint by an Act to amend the laws relating to the Customs (5 & 6 Victoria, chapter 49), which came into operation a few days after the Copyright Amendment Act, and must have been before Parliament while the last-mentioned Act was under consideration, on a recital in section 23 "that great abuse had prevailed with respect to the introduction into this country for private use of works reprinted abroad, to the ureat injury of the authors thereof and of others," it was by section 24 enac ed that from and after the 1st April, 1843, all books wherein copyright should be subsis ing, first comjx>se.! or written or printed in he United Kingdom, and printed or reprhred in any other country, should be and the same were absolutely prohibited to be imported into the United Kingdom. It seems therefore that there was no substantia! depar.ure as to importations from the policy of the Act of 1709. We have to approach the consideration of th j International Copyright Act, 1844, with the knowledge that provision was made against importation for sale or hire contained in the Copyright Amendment Act, 1842, and for absolute prohibition of importations, even for private use, in the later Act of the same session, whilst the International Copyright Act, 1838, was clearly imperfect in both respects. We should expect therefore that adequate although not necessarily identical provisions would be con- tained in the Act of 1844 with reference to both subjects, and in my judgment such provision is made accordingly as to books imported for sale or hire by section 3, and as to books absolutely prohibited by section 10. If the sections as to imports iu the Copyright Amendment Act, 1842, are not incoqwrated into the Act of 1844, it is obvious that the proprietor of copy- rights under this later Ac1., assuming him for the moment to be a different person from the owner of the copyright in the country where the book was first published, would be in so much the worse position than the owner of the copy- right in the book first published in the United Kingdom, and that the two rights would be essen- tially different, the object of the Acts being to make them as far as possible the same. Take, for instance, the case before us of a book first, published in Germany. The proprietor of the copvright in the British dominions would indeed have as to all countries but Germany, the ex- tended right of having stray copies in the bags of tovn-; ,fS tonfi8cated for his benefit, but in ex- cha " for tbis comparatively unimportant advan- t&j>^of ucott^ nave to 8Vrt>Imt to an unlimited be from every part of Germany itself, UYv •-,11 j L — ———J'' tl\ *HiTt* * which it would be most likely the  ## p. 158 (#198) ############################################ 158 THE AUTHOR. book would be printed. The very person from whom the derived title might, as far as copyright alone is concerned, import and sell as many of the boots as he could get a market for, or set up circulating libraries like Mudie's for the diffu- sion throughout Her Majesty's possessions of the very book as to which he had parted with his copyright in those dominions. What he could do any other person could do. Under conditions of trade favourable to books made in Germany, the copyright in the British dominions under the Act would be absolutely worthless, and the bene- ficial object of the Act entirely frustrated. This consideration affords, in my judgment, a very strong presumption against the suggested con- struction which would make section 10 of the Act of 1844 an entire code with reference to importa- tions from abroad. It is, however, said that by appropriate cove- nants with the owner of the original copyright the assignee may be protected. The suggestion, of course, involves the assumption that the copy- right law has altogether failed to afford adequate protection; but the possibility of adequate pro- tection being given by covenant is by no means clear. The British Legislature is supposed to say to every person everywhere: "You may import for every purpose books to which our British international copyright extends if only you go to Germany for them." The proprietor of the original copyright might indeed covenant not himself to introduce into the British dominions any other books, but how can he effectually pro- vide against the acts of other persons i He might enter into a warranty that no other person should import books from Germany, so as to make himself liable to the damages that might arise, but the actual importation he would be for the most part unable to prevent. It is by no means certain that in every country to which an Order in Council mav extend there must be a law preventing the printing for exportation (it never existed in our country till 1842) of copyright books, and there is no evidence that there is any such law in Germany. It is, however, unnecessary in my judgment further to consider the construction of the Act on the assumption that is left open to us. The preamble of the Act makes it plain that the repeal of the Act of 1838 was intended not for the pur- pose of limiting, but for the purpose of increasing the powers of Her Majesty as to remedies for infringement of copyright under the Act. This, in my judgment, makes it incumbent on the courts to construe the Acts, if it can reasonably be done, to make them as effectual as those given by the existing law for the protection of home copyright, so as to avoid the great injury to the proprietor of copyrights that I have before pointed out. Now section 3 of the Act, in what seems to me quite clear and unambiguous terms, provides that all and singular of the enactments of the Act of 1842, including, of course, sections 15 and 17, unless their language is clearly inappropriate, should apply to the books to which such order will extend which have been registered as hereafter men- tioned in such and in the same manner as if such books were first published in the United Kingdom. Registration is now unnecessary by the Act of 1886, and the exceptions in section 3 are for pre- sent purposes irrelevant, but it may be observed that the power reserved to Her Majesty by Order in Council to make exceptions which are found necessary would obviate any inconvenience arising from the very sweeping terms in which the enactments of the Copyright Acts are applied to, and, in fact, made part of the Act now before the Court. It is not alleged that by the Order in Council applicable to the present case any relevant exception is made. Of course it may be found that sections 15 and 17, or one of them, are from the terms incapable of being applied to the case of copyright, and might not be able to be applied to importations from the country of origin, but such a conclusion ought not to be accepted without necessity, having regard to the grave results already pointed out. The contentions with regard to the two sections are, of course, in the main dependent on one another. I must do full justice to the able argument of Mr. Sorutton, which for the time went far to convince me that section 15 deals only with books unlawfully printed in the British dominions. It may be that he has in his favour the strictly literal reading of the words of the section: "11 any person shall in any part of the British dominions print any book without the consent of the proprietor," it may be that makes the unlawfulness depend on the place as well as want of consent, and that the words " so unlaw- fully printed" cannot be fully satisfied without importing both elements. I cannot say that this, as a mere matter of grammar, may not be correct, but when you look to the substance and meaning of the section, I think that the words " unlaw- fully printed " mean only " printed without con- sent," otherwise no sufficient effect is given to the provisions as to importation from parts beyond the sea. What is the meaning of speaking of importation into any place in Her Majesty's dominions from parts beyond the sea? It is a phrase which is perhaps not very accurate, but I think it means from places outside Her Majesty's dominions. It would be strange if the words were used as to a transfer from one part of Her Majesty's dominions by sea  ## p. 159 (#199) ############################################ THE AUTHOR. '59 —if they were distinguishing for instance between a transfer from New Zealand to Australia, and a transfer between one Australian colony and another, or, what may seem a stronger case, a transfer between England and Ireland, or a transfer between England and Scot- land or Wales. I cannot see how you can avoid the conclusion that that distinction would have to be taken unless the words applied to foreign countries. But a still stronger argu- ment to my mind arises from the fact that if the words as to imports refer only to transfers from one part of Her Majesty's dominions to the other, they add absolutely nothing to the section, and may be struck out without altering its opera- tion in the slightest degree. We have only to read the section to see that that is so. I will read it as if there was nothing about importa- tions: "If any person shall in any part of Her Majesty's dominions print any book "—I let that go by—" in which there shall be a subsisting copyright, without the consent in writing of "—I will leave out the words now about importing for sale as being immaterial, because I want to test what the section means—" or shall sell, publish, or expose for sale or hire," and so on, "or have in his possession for sale or hire any book so unlawfully printed"—leaving out the word "imported."—" then he shall have a special action on the case." Now, I say upon the construction to be put on the section everything is contained there. Of course we have the word " imported," and we have it brought in in a very important manner, "unlawfully printed or imported without such consent." It is not necessary to read this as extending to "unlawfully imported,"' but "unlawfully printed or imported without con- sent," but I say if that means from one part of the dominions to the other the words have abso- lutely no meaning, all you have to show is that they were unlawfully printed within Her Majesty's dominions, and that the man has them in his possession knowing that fact. What is added by saying "or imported without the consent of the proprietor "? Nothing. The first part of it is all sufficient to found a special action on the case, and the second is a condition which cannot operate unless the first is there. It seems to me to be demonstrated—it is not a matter of con- jecture—that upon that section the importation spoken of will include—I will not say necessarily —importations from foreign countries. If that be so, we have a clear enactment in section 15, clearly incorporated in section 3 of the Act of 1844 prohibiting—not absolutely, but prohibiti^, —importations if they are for sale or hire, the pv, * sent case being a case of sale. Now we tuf^ * section 10, and what do we find there? Wo. H) VOL VII. \k now dealing with a part of the Act which replaces nothing in the Copyright Act, but, for the pur- poses of international copyright, something in the Customs Act of 1842. I do not say that it replaces it in the same words. If it had done it would have been enough to incorporate that as is incorporated the Act of 1842; but it was manifestly felt that the words of that Customs Act were not altogether appropriate to the case of international copyright, and therefore that Act was not incorporated, and is not referred to or mentioned, but provision is made by section 10 for what is thought to be the proper treatment of the question of absolute prohibition in the parti- cular case of a foreign publication receiving copy- right here. I will not read what I have put down particularly about that section, but it comes to this. I have dealt with prohibition for sale or hire by section 3, incorporating section 8. That is practically the same thing as is done for home copyright. I have not hitherto dealt with the question of absolute prohibition because that was dealt with by the Customs Act to which I have not referred. What then is reasonable r What they thought reasonable does not appear to mo to be difficult to explain. It was an abso- lute protection against importations, not giving a special action, but an absolute prohibition except from a foreign country. Now, the result of that is that, with regard to imjwrtations from what I call the country of origin, you must rely on section 8 of the Copy- right Act, and you must show that that was sale or hire. That enables every person—and there may be a great number of them who have bought a book in the country of origin—to bring it into this countrv for their own private use. They take into consideration the question of the practice which had been aimed at by the Customs Act of 1806. They will not have that at all. They prohibit even for private use from any place except the country of origin. With reference to the country of origin they do not make any provision at all for absolute prohibition, though the prohibition for sale or hire is, as might be expected, found in another section of the Act. Now, the conclusion to which I have arrived clearly as to the meaning and construction of section 15 of the Act of 1842 makes it unneces- sary for me to consider the clear construction. I do not think there can be a clear construction, hut, at anv rate, what is the true construction of section 17. That, as I have said before, is a very involved section. It is absolutely senseless in liianv rt« of & ^ °-° not ne8itate to say, but it 's at ^ te tf^°^veo- ano- complicated by reason 1 c w^tiy ttgt consider the somewhat ridiculous Ufatl^^uonforthe purposes of copyright  ## p. 160 (#200) ############################################ i6o THE AUTHOR. that Act of 1739 which had nothing to do with copyright at all, but was simply an Act to protect the revenue. I will not give a definite opinion as to the construction of that, but I am by no me ins satisfied on the true construction of that section, taken in conjunction with section 73 of the Act of 1844, that the proprietor in this country of the British international copyright might not have a protection even if section 15 did not exist. I am by no means satisfied of that, but I do not go further than that. On the construction of the Act of 1844, and on the construction of section 15 of the Act of 1842, I arrive unhesitatingly at the conclusion that there is ample protection in a case of this kind for the owner for the time being of the British international copyright, and the appeal, in my judgment, should be allowed, with the consequences stated by Lord Justice Lindley. Mr. Cozens-Hardy. — My Lords, the parties have made an arrangement as to costs, which your Lordships will give effect to. Lord Justice Lindley.—Yes. Mr. Cozens-Hardy.—Then, as to the injunc- tion, I have got the words which your Lordship read. Lord Justice Lindley.—Either keeping for sale or hire. Mr. Cozens-Hardy.-—I should suggest your Lordships should vary the words: Injunction granted to restrain the future importation for sale or hire without the consent of the plaintiff, inquiry as to damages sustained by the plaintiff by reason of the importation for sale or hire of such copies before the date of this judgment. I have nothing to say on that except this: Ought not the injunction to go to restrain the sale or hire of copies which the defendant already has? This injunction only restrains the future im- portations. Lord Justice Lindley.—Has not he sold those he has got. Mr. Cozens-Hardy.—I do not know. Your Lordship intended, of course, I presume, to prevent him selling copies which he has already imported. I do not know how that is. Mr. J. E. Adkin.—The affidavit states the fact. Lord Justice Lindley.—I understood there was no controversy about that. Mr. Adkin.—There is a controversy, if I might say a few words to your Lordship. This agree- ment has been arrived at between the parties with regard to costs, and with reference to that it seems to me, and I understand from my client that the agreement extended to this, that there should be no further costs incurred. My client is willing to submi . to thi injunction, but with regard to an inquiry my client has in his affidavit already admitted the receipt of a certain number of copies, which he accounts for, and he in his affidavit has offered to give an undertaking not to sell auy more. However, the legal point has been argued here, and no doubt an injunction must go against him, but those are all the copies he has had, and it is so stated in his affidavit, and there is no doubt about it, and the result of putting my client to the costs of an inquiry as to damages will be to do away with the agreement as to costs. My sub- mission is it was understood there should lx' no inquiry as to damages, for there wei-e no damages. Lord Justice Lindley.—I do not know what agreement you have arrived at. Mr. Adkin.—My friend, Mr. Scrutton, who has been in this case alone, is in the other court at the present moment, and is addressing the court. Would your Lordship defer this question as to the form of the order till he can come in? Lord Justice Lindley.—It strikes me you ought to arrange it between you. Mr. Cozens-Hardy.—I have the agreement in my hand signed by my learned junior and Mr. Scrutton. It does not say a word about the inquiry as to damages. It deals with the costs in the court l elow and here. Lord Justice Lindley.— Do you want an in- quiry? Lord Justice Bigby.—It is a small matter. Mr. Adkin.—Would your Lordship allow me to read one paragraph hi the defendants' affidavit which I think will state the facts. Lord Justice Lindley.-—I think this is a little irregular. You have cither agreed or you have not agreed. If you have agreed, carry out the agreement. The order will be drawn up by the registrar to carry out the agreement. If you have not agreed, what we have said is right. Mr. Cozens-Hardy.—We shall not pursue the inquiry if we find there is nothing in it. Lord Justice Lindley.—Do not put it in if you do not want it. Lord Justice Kigby.—No doubt it is a small matter, and if you are satisfied with the affidavit, you will not want an inquiry. Mr. Cozens-Hardy.—We can probably agree as to the figures. My right is to have this inquiry which your Lordship has given me. Lord Justice Lindley.—Yes. Then there is no agreement as to costs. That all goes if your opponent is right. Mr. Cozens-Hardy.—There is no question about the costs. Lord Justice Lindley.—I do not know what the agreement is. Settle it with the registrar. Mr. Cozens-Hardy.—If your Lordship pleases.  ## p. 161 (#201) ############################################ THE AUTUQll. Lord Justice Lindley.—Aud if there is any ■difficulty it can lie mentioned to us. Mr. Adkin.—Then we will decide this question before the registrar, with liberty to apply. Lord Justice Lindley.—Do not decide it— settle it. I may say that I have taken the opportunity of looking through all the Acts of Parliament I know of relating to this complicated matter, and in spite of my endeavours to exhaust all the statutes I think I missed one altogether. It is in a most complicated state. I do not mean that I missed a Copyright Act, but one of the Customs Acts. NOTES FROM ABKOAD. I^HE following notes were made in Norway, where I spent six weeks in September and October. They may be found of interest, and if so, I shall be glad to send a fresh batch next month. The Norwegians, who gave us much of their language, seem to be greatly interested in English literature. Norway has quite recently " adhered" to the Berne Convention—that is to say, she joined the Convention only three months ago— and yet her interest in English literature continues. I write "and yet," because she has now to pas- tor what three months ago she could take without a bare " I thank you." Which shows that her interest is a real one. All the Norwegian newspapers publish feuille- tons. Whilst I was in Christiania every feuilleton published in a Norwegian paper was a translation from the English. The Verdens Gang — the principal paper on the left side—for instance, was publishing the "Pige of Orleans," which you will recognise as Mark Twain's "Maid of Orleans." I heard, by the way, that the pro- prietors had paid for the right of translation and serial publication of this book "very much more" than they paid for one of Zola's novels, " Rome," for instance. However, as I also know that for Zola's " Rome " they only paid 200 crowns (about eleven guineas), the sum cannot have been a very extravagant one. Elsewhere I saw Robert Ban-'s " Damen-Reporteren" (Lady Reporters), which is, of course, his "A Woman Intervenes "; stories from Tit Bits, and so on—nothing but English fiction. In the booksellers' shops one saw translations from Conan Doyle, from Mrs. Humphry Ward and Fergus Hume, to mention a few names only. Our literary celebritieg are as well known in Christiania and Beri>A as they are in Birmingham or in Lo^f? Indeed better, for in Norwav everybody jv. ^U. and mos! people take an interest in literature, whilst in England . There would be a good source of additional income here, for our popular authors, were it not for the fact that Denmark is still outside the Convention. Now Danish as a written language is the same as Norwegian, although as a spoken language it differs somewhat. The Danhh publishers and newspaper proprietors can there- fore take what their Norwegian confreres have tj buy, and under these circumstances competition is difficult for the latter. "I would like to buy the Norwegian rights of such a book," said au able editor to me, "but I cannot afford to pay very much for it, as it will be ' taken' by (here the name of a widely circulated Danish paper) "which competes with me." I mention these facts to recommend English authors to be lenient and considerate when dealing with Nor- wegian publishers. The Danes, by the way, help themselves most liberally, not only to our literature, but to our ideas. I saw a paper in Copenhagen which was a replica of one of the Messrs. Harmsworth's publications, and I have before me on my table a weekly periodical, also issued in Copenhagen, which is an exact copy of Tit-Bits, green cover, typographical arrangement, features and all. It is called Dit oa Bat (" This and That"), and is widely advertised in Norway and Sweden. It contains three serials, translations of English works, and these are Mr. du Maurier's "Trilby," Conan Doyle's "Rodney Stone," and Fergus Hume's "Tattoo-Morderen," which, I suppose, is the story called "Tracked by a Tattoo" which the firm of Cassell and Co. advertised so liberally some months back. "The Martian" is also now apj)earing in more than one Danish news- paper. This is rather hard on English writers. I cannot miss this opportunity of acknow- ledging in the names of all the foreign journalists who visited Christiania at the time of the recep- tion of Dr. Nansen and his brave crew of the Fram, the great courtesy and hospitality which was shown to all of us by our confreres! of the Norwegian Press. The gentlemen of the Verdens Gang especially, Messrs. Thommessen, Hammer, and Gulbransen, did everything that could be done, not only to help us in our work, but tj render our stay in their town an agreeable one. We were taken for drives; we were introduced to the people we wanted to know; we were sumptuously entertained. I could not help thinkxna how a Norwegian journalist, en mission to IjQ^oli '"om,i ^e differently received aud rt^ttiessen, editor and part proprietor of thft * c G""?-invited me to meet Bjornstein  ## p. 162 (#202) ############################################ the a union. Bjornson at his house, and, as I sat next to him at dinner, between him and Fru Sigurd Ibsen, his daughter, T had abundant opportunity of conversation. I had met the foremost Norwegian poet many years ago in Paris, when, for political reasons, he had left his country, and I found that the long years had developed his enthu- siasms, instead of diminishing them. He is a wonderful old man, who will do in the future even greater things than he has already done. His countrymen hold him in very high esteem, and I shall not readily forget with what enthu- siasm he was received by several thousands i if people when he rose to speak at the jwpular fete which was the last of the festivities given in Christiania in honour of Nansen and his comrades. Few poets can afford to In- active in political life also, but Bjornson has known how to win fame and affection both as a ]>oet and as a politician. I hardly know in which capacity his countrymen love him better. I was amused and interested in watching the fight that went on round Nansen. All the leading publishing firms in Europe and America con- tested for the right of publishing his book on his experiences in the Arctic regions. When I left Christiania he had not yet signed any con- tracts, but I understood that the immediate receipts on account which will be paid to him on delivery of his manuscript will exceed 15,000, a sum which does not include what may come to him in the way of honoraria for articles for maga- zines and newspapers. I know for a fact that he was so busy with his book, that he refused an offer of 100,000 mark from a German leeture- agent for a lecture to be repeated in a hundred different German towns, with all expenses paid into the bargain; that he refused to allow himself to be interviewed for a lower fee than £2 50 for a short conversation, and so on. So that, from a financial-literary point of view, his expedition has not been an unsuccessful one. He is working very hard at his book, and keeps a secretary and twoexpert stenographersconstantlyemployed. Literary work—the North Pole explorers apart seems to l>e very badly paid in Norway. Publishers there pay authors so much or so little by the sheet of sixteen pages. Ibsen sold the copyright of one of his first books for about £12 to a publisher at Bergen. This publisher, however, not long ago tore up the contract, and is now paying Dr. Ibsen a royalty, Journalists is"£t'v*P meagre salaries. Fifteen pounds a month miin<n^idered a good salary for a good all-round j^or(. \And it must be remembered that all 3janvegian journalists are University men. theirtv of them speak several languages, all of X have some knowledge of English and German. A journalist on the staff of a Christiania daily would translate an English, French, or German feuilleton as a part of his daily work, without extra remuneration. As a class they are very wrell-read men. It was my privilege to visit several of them in their homes, and as I always judge a man by the books he has on his shelves, I can speak of them with high admiration. At one gentleman's house in particular, I saw amongst the hundreds of books which lined the walls of the room in which he worked when at home, every book of any importance which has been published, in any language, on the social question during the last ten years. I thought of my own library and hid a blush. At another house I saw a very fine collection of historical works, all well- thumbed too. Their owner was receiving 1200 crowns a year (.£67) as all-round man on a small daily, an income which he eked out by con- tributing articles at four cere (|<f.) the line to such papers as would accept outside contributions. This pay of four cere a line is considered good pay for outside contributions on most of the Norwegian papers; a foreign correspondent is handsomely remunerated at a penny the line. The gentleman in question showed me an article of three columns which he was sending to order to a daily paper. I afterwards saw the editor, and heard, casually, that twenty crowns (£1 2s. 6d.) would be paid for this article. It must be remembered that Norway is a very small country, and that competition amongst publishers is cut- throat. A book by a Norwegian author which goes to 5000 copies is as great an exception as was •■ Trilby " in England and America. Robert Harboeouoh Sherakd. NEW YORK LETTER. New York, Nov. 17. HAMLIN GARLAND, much as he dislikes city life, has been in New York frequently of late on account of the history of Grant which he is writing for McClure and Co. He read aloud to me some of the poems quoted in the October number of The Author, to explain that his was not the arbitrary, but the musical, theory of verse, so that it cannot be properly read by anyone who does not feel intimately the spirit of it. For instance, to take illustrations only from the poems quoted in The Author, "The Wild Sad Wail of the Plain" does not make music at all unless it is read like a wail; and in the lilies How nice the grave'll be, jest Ono nice, sweet everlastin' rest  ## p. 163 (#203) ############################################ THE AUTHOR. the long meditative pause after "be" and the lingering on "jest" (the inevitable mode of speech for the characters represented) are, of course, necessary to the verse. Mr. Garland's greatest power is his intensity of feeling, which is brought out strongly in his own reading. After he had read from the poems he went on to talk about them. "I hold Lanier's theory of verse," he said; "it is not measured by feet, but by intervals of time." It will perhaps be remem- bered by Englishmen interested in the young American poet, that the London Spectator was among the first papers to announce Lanier's genius. Mr. Garland, who has never been abroad, will probably be in England in the spring. "If I can get up the courage, I will go to London in April or May," he said; "I can take a horse and a couple of blankets, and camp out from Denver to San Francisco, but I can't stand water. I am a prairie man ; I want to go to London, Paris, and Berlin, that is all I care for; that is where the young men are grouped, men in sympathy with progress." In the Life of Grant, Mr. Garland is using a method unusual in the writing of history. Nothing is foreshadowed. The author thinks it a cheap method of getting contrast to tell when writing about Grant's boyhood, for instance, that such and such an influence had such and such a consequence at Gettysburg, perhaps. He writes about the boy Grant as if his readers were hearing of him for the first time. "I want to do it in such a way that people shall say how human he was; especially to show that there was no luck about his career; that he worked for everything." After this work is over, in six months or a year, he will write more verses from time to time, but give his main attention to the drama and the novel. His first work will be a long dramatic conception, probably put first in the novel form, dealing with the interaction of the plain and the mountain. "I am coming to do more and more work relating to the mountains," he said. "It is a sad thing, the passing away of the wild things of the country. Every time I go into the mountains and the plains they are a little more tracked; and when I stay in the cities I feel as if I were wasting my time. I love the prairies, and the prairies are gone, and only the plains remain. It is a requiem of the prairie that I put in my book of verse. The gofer, the rattlesnake, the vulture, the Indian, the settler, and all the birds and animals are dis- appearing. 1 think I have told the true story of the prairie. There is no love, no history or religion in the poems, so they have not sol<j much; all are directly on their theme. After £ lost my prairies, I found them again lifted 10,00^ feet above the sea in the Rocky Mountains. On those mountains I can tell the altitude by the foliage; the higher you go the more beautiful it becomes. I have a book dealing with this characteristic of the mountains—the growing beauty as you ascend—planned and partly written; it will deal with the wild places, with the wild trails where few go. I am a hunter, and I ride my horse 13,400 feet high. I like to be where the wild animals are, where the mountain sheep are, but I never kill anything. It seems to me a cheap thing to take a modern 16-shooter and kill these innocent things; I used to do it." Mr. Garland's simple, easy manner corresponds with his words, and makes him a charming talker. His theory of art, often misquoted, is a simple one. "A man must be himself. To be himself he is sure in the larger number of cases to be local in his study and in his emotions, but he should be universal in his appeal. That is where I am misrepresented. I am the last man in the world to uphold cheap work, but I do uphold localism, such as is found in Barrie, Maclaren, and in this country in Riley and Miss Wilkins, such as Crane is doing in New York, and Fuller in Chicago. But after a man has chosen his subject his method should be the best there is in the world. An artist has no business to consider anybody but himself when he is creating his work. I put the creative energy above culture, but I am an evolutionist, and I believe in knowing what has been done; but we should know it in order to be better able to work out our own salvation here in America. The Greek art is much stronger than the Roman because it is indigenous, and the Roman borrowed from the Greek. Whitman lived and died for this principle, and he has been a great inspiration to me." Mr. Garland calls himself an impressionist. In describing the kinds of originality he cares for he names Ibsen, Whitman, Carlisle, and Monet. And speaking of one writer whose work is especially marked by culture, whom he liked very much, but in whom he felt a lack of something vital, he said, " Man needs mud, clean mud—the mud of the lane, and not the mud of the street." Mr. Garland is one of the group of American writers who believe that a larger portion of litera- ture which is read by Americans is, every year, produced in America. The announcements of the magazines for the coming year do something to support tHs belief- They certainly show more A aierica,r,„ iV,ftn usual in the serials. In McClure's Tn wh; * \?T Garland's " Life of Grant" is to as a* . 1 "^collections of War Times," by rll5\ 1\ ty@*thfi San> ifi a^80 to appear in serial f!, ^' of />r's tae Stockton and Howells  ## p. 164 (#204) ############################################ 164 THE AUTHOR. and Du Maurier in serial fiction. Owen Wister will give a number of sketches of Western life, and there will be serial papers on American History by Professor Woodrow Wilson, Professor J. B. McMaster, and James Barnes. The Round Table follows the same general line, having serial articles on the War of 1812; the Story of Texas and the gold fields, and other things in Western life. The Bazaar and the Weekly show almost entirely American writers and American sub- jects. The number of serials which are not fiction seems to be greater this year than ever before. This is looked upon by some people closely connected with our magazines as one of the secrets of their success. It has never been tried in England, except by the Pall Mall, and by it only spasmodically. The Century, for instance, has for its most prominent serial, "Campaigning with Grant," by General Horace Porter. Its two serials in fiction are by Dr. Weir Mitchell, of Philadelphia, and F. Marion Crawford. In the Atlantic Monthly serials on general subjects are also prominent, among them the "Reminiscences of General T. W. Higginson," and the "Interpretation of Democracy in the United States," by E. L. Godkin, the editor of the Nation and the Evening Post; and a series of direct studies of the people in various sections of this country. The only serial story announced is by Charles Egbert Craddock. Finally, IScribners Magazine will have among its serials "Undergraduate Life in the Colleges," by various graduates; a series of articles on leading industries, a series on "Woman's Art of Living," and a number of articles on travel by Richard Harding Davis and others. Charles Dana Gibson, the artist, will appear for the first time as a writer in some Im- pressions of London. In fiction, two important serials are novels by Richard Harding Davis and W. D. Howells, each to run six months. Norman Hapgood. PUBLICATIONS OF THS YEAR 1895. LE DROIT D' AUTEUR" gives the fol- lowing statistics for the year 1895, which are interesting, though they leave a good deal to be desired. It is especially to be regretted that no information is forthcoming respecting how the 12,496 French books are made up, and the great diversity of the various classifi- cations renders impossible any satisfactory com- parison of the literary activity of the various nations in the respective provinces of philosophy, science, art, and belles lettres •— Great Britain. New New Books. Editions. Theology and Sermons 501 ... 69 Educational, Classics, Philo- logv 660 ... Ill Noveis and Stories 1544 ■■• 347 Law and Jurisprudence 57 ... 33 Political and Social Economy, Commerce 163 ... 23 Arts, Sciences, Illustrated Works 96 ... 16 Geography, Travels 263 ... 75 History, Biography 353 ... 68 Poetry and Drama 231 ... 16 Almanacs, " Ana." 311 ... — Medicine 153 ... 53 Belles Lettres, Essays 400 ... 42 Miscellanies, Pamphlets 749 ... 182 Total 5481 1035 United States of America. New New Books. Editions. Novels 1050 ... 64 Law 480 ... 51 Theology 47' ••■ 35 Educational, Philology 456 ... 32 Literary, History, Miscel- lanies 455 ... 13 Juvenile Works 365 ... 10 Political and Social Science... 313 ... 22 Poetry 294 ... 15 Physical and Mathematical Science 313 ... 22 History 185 ... 8 Biography, Memoirs 167 ... 13 Medicine, Hygienics 141 ... 22 Travels 134 27 Fine Arts, Illustrated Books 133 ... 7 Industrial Arts 100 ... 11 Philosophy 55 ... 6 Domestic Economy, Agricul- ture 48 ... 4 Sport 34 ... 5 Humorous and satirical works 32 ... — Total 5101 368 1894. 1895. Germany 22,570 ... 23,607 France i3»53° ••• 12,495 Italy 9,416 ... 9,437  ## p. 165 (#205) ############################################ THE AUTHOR. '65 COPYRIGHT. THE following letter appeared in the Sjwctator some weeks ago. I believe that no auswer was printed in the paper. I cut it out at the time, mislaid it, found it agaiu, and submitted it to Sir Frederick Pollock. He has very kindly given me his opinion, which is subjoined.—Editor. "To the Editor of the Spectator. "Sir,—I have read with interest your valuable remarks on copyright, it propoi of Matthew Arnold's poems in the Spectator of Oct. 3. If a writer leaves his copyright (as the late Master of Balliol did) to the University of Oxford or of Cambridge, or to any college in either, or to certain other" learned bodies, on trust for the charitable and educational purposes of the institution, it is, I believe, the fact that the copy- right is thereby made perpetual, and does not expire in the ordinary course. Whenever this plan is adopted, such scandals as you mention are impossible. But I should like further informa- tion on a point connected with this. A writer may wish to provide for his widow or children by leaving them his copyright. Supposing he does this, and they thereupon keep the copyright till, say, six months before it is timed to expire, can they then, by making a present of the copyright to an Oxford College, prevent it at the last hour, so to speak, from expiring at all, or is it necessary that this should have been done by the author himself in his lifetime? Or again, supposing a copyright has twenty years to run, can the author bequeath it for nineteen years to his widow and then in perpetuity to a college ?—I am, Sir, &c, "Nullum Tempus Occtjrrat Honestati." the opinion. "The Act is 15 Geo. III., c. 53. The gift or bequest must be by the author or his representa- tives, and the profits must be devoted to the advancement of learning. I think the general funds of a college in either university would be presumed to be so devoted. Of course, any arrange- ment for returning any part of the profits to the donor or his successors would be fraudulent and void, and possibly make the whole gift invalid. With regard to the transference of an author's copyright by his widow to one of the privi- leged foundations: if the widow, <fcc, be the author's legal personal representative, it seems the gift would be good. And with regard to the last sentence of the letter, I see nothing in the Act to prevent the gift from being subject to a preceding life or other limited interest. Our copyright legis- lation, however, is so perplexed that it is difficult to give an off-hand opinion upon any part of the suj^ ject with any confidence. "F. P." NOTES AND NEWS. IQUOTE the following from the Westminster Gazette. I am not greatly interested in the facts recorded, because in The Author we are not concerned about a writer's income, but in the management of his property with honesty and fairness :— Hannah More is looked down upon now and forgotten by the writing fraternity. Yet she was no mean citizen of the republic of letters in her own day. Her "Cajleba in Search of a Wife " brought her .£2000 in one year, although published anonymously, and altogether she computed that she had earned .£30,000 by writing during her lifetime, most of which went in philanthropic work. What would Sir Walter Besant nay to this? When Cadell and Davis sent their first statement of " Coolebs," Hannah More found that "the cost of printing, paper. *c. is exorbitantly in- creased, and I had near .£5000 to pav for expenses, besides all the bookseller's profits: partly in consequence of my having given more for the money than any book that has lately appeared; as you know, books do not sell in propor- tion to their intrinsic value, but to their size." Two editions were sold in a fortnight after its appearance in December, 1809, and twelve editions in nine months. America consumed 30,000 copies. She did not oonfess to the authorship until it had run through several editions. The italics are mine. I should very much like to know what was in the writer's mind—what he was thinking—when he asked that question. What should I say to it, except to express a hope that the agreement was fair and fairly carried out? We are fighting for a principle, not for guineas: the desire of the Society is, and always has been, to recover for authors the command of their own property, to make them as much independent owners of literary property as they are of house property, and to show them what steps they should take for the administration and safeguarding of that property in the same manner as they look after property of every other kind. Above all, we are not carrying on an ignoble strife for more money, though this is charged against us. Little by little these things are beginning to be understood, yet such questions as the above show that they are as yet very far from being understood. I also observe that the Publishers Circular trots out again the old statement, disproved and denied a thousand times.that the Authors' Society says that a publisher never takes risks. What the Society has said, and repeats, is that a pub- lisher ta,Ves verv ^ew "sks—as little risk as riOSsiWe . l\ at there are hundreds of writers whose r jj8 . » tn» ^Q 0I risk. Of course this rfectl *6 statement wul continue to be 0^ t ^ tf^ei , the time will come when certain  ## p. 166 (#206) ############################################ THE AUTHOR. publishers will recognise the advantage of open books and open dealing iu all respects. Here is an illustration of what risk means. It is a common practice with some—perhaps all— publishers to subscribe a new book to the London trade before it is sent to the printers. By this method they learn the extent of the risk they run, if any, and have some guide to the size of the first edition. Thus, suppose a six shilling book: if the Loudon trade take 500 copies, the pub- lisher may decide upon an edition of 1000. At 3*. 6c?. a copy he has thus made ,£87 10s. What margin of risk is left may be ascertained by a reference to "The Cost of Production." If there is any one subject on which publishers might be expected to know something, it would be the value of reviews in promoting the sale of books. (1.) Does a laudatory review help a book? (2.) Does a hostile review injure a lx>ok? Never were there collected together opinions so various and so conflicting as those taken from the St. James's Budget, which will be found on p. 168. Now, my own personal experience covers a good many years. I have carefully watched the reviews of my own and other books during the whole period. My experience is that where books are lumped in a batch it matters nothing at all what is said of any one book. In the case of a paper, however, which reviews only books of im- portance; gives a special review of reasonable length; and insists on its reviewer reading the book: the effect of the review is immediate and striking. Where books are lumped in the batch, the remarks of the reviewer, who has not had time to read any, are either vaguely benevolent or venomously ill-informed. What publishers and authors alike should desire is selection by the editor, and an impartial judgment after reading the book by the reviewer. As for the complaint that copies sent out for review go to the secondhand shops before the edition is out, surely that may be met by the simple practice of sending no more copies to the office where such things a> e allowed. It is rather inconsistent to be crying out that reviews are no good and still to be sending the books, though tbey go at once to the secondhand bookseller. Our New York correspondent, Mr. Norman Hapgood, corroborates my own views, expressed more than once, as to the use of the serial in magazines. The serial in fiction we have always with us; the serial which is not fiction, but his- tory, biography, travel, is common in American magazines but never seen in our own, except the Pall Mall. Yet there can be no doubt that a valuable and interesting book, run through a magazine, might enormously increase the popularity of the magazine, while it might increase tenfold the influence of the book. Imagine Seeley's "Expansion of England" run through the Nineteenth Century! Another point, which may perhaps be called sordid, would be the improvement of the property represented by the "Expansion of England." Like a novel, the book would have its serial rights at home, in the United States, in the Colonies, and on the Continent. There are not many great teachers in the world, but there are some, and it might be considered, even by them, worth while to multiply their direct influence by the thousand and the value of their property by the hundred. Another trouble over a title is reported in the "Book Talk." These troubles are likely to occur more often, as writers grow more anxious to find a happy title. I do not know how far the author of a dead and buried novel, twenty years old, and for- gotten for as many, could claim the right of keeping a title to himself. He would, at least, have to sho.v some actual or probable loss and damage to himself. Yet there are so many novels whose authors would not admit that they were dead, that one may very easily infringe on the rights of property. I have discovered an easy method of minimising the danger. It is to get a copy of Messrs. W. H. Smith's catalogue of books on sale. There will be found a list of novels, among other books, which seen.s to include every novel which can pretend to be still in demand. Armed with this catalogue, the seeker after a title can protect himself. jiq The new books of the season are all out by this time, and one can consider the nature and extent of the output. There are before me the Athenceum and the Spectator, both for Nov. 21, 1896. These two papers contain the greatest number of book advertisements, and we may therefore expect to find nearly the whole of the new books announced in these columns. In fact, there are advertisements by thirty publishers. The books produced, though by no means all that were promised in the " forthcoming " lists, amount to a goodly number. They are classified as follows. Observe, however, that the classification runs over, so that a book on art may be also a book of biography; and a "novel" may be a collection of children's stories; and a book of travel may be also a book of sport.  ## p. 167 (#207) ############################################ THE AUTHOR. 167 Under the head of history are also included books of biography, literary criticism, essays, <fcc. Of these there are 81 ; of books of travel, 16; on political economy, 7; on art, 19; on religion, 19; of poetry, 17; on sport, 6; science, 22; novels, 107; reprints, 160. The total number of books is 454. In this list, new editions or translations of the classics are omitted. There is hardly any book in the list which belongs to educational literature. Religious literature is quite inadequately repre- sented, and the list of books on science is most incomplete. The list, however, may stand for the books of the season which are offered to the average reader of the cultivated class. The reprints contain new editions of novels now running; of old novels—Scott, Charles Dickens, Charles Reade; of many illustrated books and of standard editions. Among the novels are new books by well known writers: by writers not so well known: and by new writers. It remains to be seen whether any of the new writers are also "coming men." iiiri The most remarkable feature of the list is, however, the great number of biographies and memoirs. The following is a list, perhaps not quite complete, of an astonishing collection for one season. They are: Lives, Letters, or Recollections of Lord Blachford, Samuel Butler, D.D., Fori Madox Brown, John Constable, Sir Charles Halle, Philip Gilbert Hamerton, Sir John Drummond Hay, Maria Josepha Holroyd, the Jerningham Letters, Sir Edward Burne-Jones, Lord Leighton, Princesse de Lamballe, John Gibson Lockhart, Francis Orpen Morris, Albert Moore, Nansen, Rev. Professor Charles Pritchard, Sloane's Napoleon Bonaparte, and Mr. Augustine Birrell's new edition of Boswell's Johnson. PRIZE COMPETITIONS. THOSE of our readers who are interested in the current prize competitions may note the following :— £10 10s. each for original stories accepted, to cover five weeks, about 2500 words for each instalment.—Editor of the Weekly Herald, Glasgow. £1 is. for original stories accepted, complete in one instalment of about 2500 words. — Editor of the Weekly Herald, Glasgow. .£5 5*. for best original short story; minimum 2000 words, maximum 3ooo ^ than Dec. 31.—Editor of the Osborne Magazine, 9, Paternoster-row, London. £5 5*. for best original biographical article; dealing with famous living English men or women; minimum 2500, maximum 3500. Preference if accompanied by material for illustration. Not later thau Dec. 31.—Editor of the Osborne Magazine, as above. Byron—Shelley—Keats, In Memoriam (endowed) Yearly Prizes, for the best essay in English, written by a woman of any nation. The prizes for 1897 will be as follows: Byron's "The Giaour."—First prize, <£io; second prize, £5. Byron's "Cain." — First prize, £10; second prize, =£5. Shelley's Prose Letters.— First prize, £\o; second prize, .£5. Shelley's "Hymnto Intellectual Beautv." —First prize, £7; second prize, £$; third prize, £3. Keats' "Hyperion."— One prize, £$. Prizes awarded in August, 1897. Enquiries should be addressed to Mrs. Crawshay, 12, War- wick-road, Paddington, W., London. Essays not to exceed ten pages of twenty-one lines in length, and to be sent before June 1, 1897. LITERATURE IN THE PERIODICALS. The Reviewer and the Reader. A Symposium of Publishers. St. James's Budget for Oct. 30. A Plea for Unsigned Criticism. Notes in the Chap Boole for Nov. 1. The Watson v. Newnes Action. Literary World for Nov. 20. Publishers' Circular for Nov. 21. Copyright at Home. II. W. Morris Colles. Book- man for November. The Disfiguring of Review Copies of Books. C. K. S. in Illustrated London News for Oct. 24; Mr. McQvaine in St. James's Budget for Oot. 30. The " Academy." First number of New Series. Nov. 14. "Oliver Twist." An Old Question of Author and Pub- lisher. Daily Chronicle for Nov. 9. The Abuse of Fiction. Ingrad Harting. Girl's Ov 'i Paper for December. The Modern Babel. Pr0fe88or Mahaffy. Nineteenth Century for November. Politics in Recent It»t. „ m .u,mo&'* Magazine for November. *ICTU>S. OoAwo** Influence of the o^. t xf%. Charies F. Thwing, LL.t> L^*JB IN \*WlCA« ^ {ot November. "«0rtK American Re»*« Autograph Letter . wf» ^o„r for December. °* *V & .William Morris. . hlw . ****** "V  ## p. 168 (#208) ############################################ THE AUTHOR. Pemocritus of Abder\. W. B. Wallace. Humanitarian for November. Eobkrt L. Stevenson, Illustrator. Joseph Pennell. Winter number of the Studio. A Novel from the Platform. (Referring to lecture by Mr. Hall Caine.). Report in Scotsman, Nov. 7. Mr. W. Jerrold's letter in the Daily Chronicle for Nov. 12. Notable Reviews. Of Lang's " Life and Letters of J. G. Lockhart." Mrs. Oliphant. Blackwood's Magazine for November. Of Stnrgis's "European Architecture." Times for Nov. 7. The lesson to be learned from the Watson v. Newnes action, says the Literary World, is that authors should be more businesslike in their dealings with editors. If an author is not willing to leave a MS. to be considered at the editor's convenience, however long a time that may entail, he should state a period within which it must be returned. The Publishers' Circular, commenting on the case, represents publishers in this matter of manuscripts as struggling to do their duty in the face of the impatient author, "never once making a bitter retort about the kind of excel- L nee they are so often asked to admire and purchase." Only those behind the scenes can have any idea of the number of manuscripts sub- mitted to London publishers in the course of twelve months. The "reading" and corre- spondence involved are prodigious. "The head of one of the largest publishing houses in London recently stated that his firm published on an average some 3 per cent, of the manuscripts sent in for approval." We are stating a simple fact when we say that every year it costs publishers immense sums to deal with books which never reach the booksellers. On this point statistics would furnish surprising information. Considering the very small percentage of books that ever get beyond the manu- script stage, it will easily be understood, even by the uninitiated, that the expense of dealing with rejected works is no trivial item in the annual expenditure of publishers. That in addition to being made to pay for examining matter, which in most cases ought never to have been put on paper, they Bhould be compelled to read unsolicited manuscripts according to limits of time set by the sender, and be further held responsible for accidental damage sustained—perhaps in the course of transit—is a view which only the unreason- able could take. The views of individual publishers upon the question of how Press notices affect the sale of books are given in the Sf. James's Budget. Mr. Elkin Mathews thinks that they have a great influence with the public, and is persuaded that readers wait for reviews to appear before they buy a book. Mr. John Murray's opinion is that if the work is thoroughly done it invariably helps the book, whether the notice is adverse or favour- able. Mr. Fisher Unwin is of opinion that people have become more independent than formerly, and prefer to use their own judgment rather than rely upon the newspaper critic. They would much rather have served up to them a description of the contents of a book than be provided with mere log-rolling and glorification. He adds that the latter alone is of no service to the publisher in the long run, however much it may promote the temporary interests of the author. Messrs. Ward, Lock, and Co. say that the influence of Press notices is of vast importance or is of no importance at all, in proportion as to whether the criticism is well founded upon fact or not. Messrs. Bell and Sons think that as regards novels, cheap and popular books, Press notices influence the public very largely; on the other hand, im- portant intellectual books, appealing to a com- paratively limited circle, are not much affected by reviews. The experience of Messrs. W. H. Allen and Co., again, is that with novels and that class of literature many reviews are of no practical use, although in books of travel and technical works careful criticism can do a great deal. "The majority of people read books in which they have been previously interested, either in subject or author," say Messrs. Allen, with whose view that of Messrs. Osgood, M'llvaine, and Co. is on all fours. Mr. James Bowden likewise says that favourable reviews affect the sales if the book is what the public want. Messrs. Blackie and Son admit that reviews cannot be done without; a favour- able one is beneficial to the sale of a book, but an unfavourable one is not necessarily detri- mental. Messrs. Chapman and Hall regard the accumulated effect of reviews as valuable, although scarcely any direct effect can be traced from any one review. Messrs. Hutchinson says that where the consensus of opinion is in favour of a book the reviews are a great help to the publisher ; but Mr. John Lane believes that controversial reviews of a good book have a m >st telling effect. Messrs. Sampson, Low, Marston and Co. say that in these enlightened days it takes an ava- lanche of concentrated praise to induce readers to give any attention whatever to a book, while faint praise has still the power to damage a good book irretrievably. Messrs. Chatto and Windus say that the days are past when a very good review in a high-class journal could "make" a book; while, finally, Messrs. Kegan Paul and Co. regard reviews as making not the least difference to the sale of a book, and as being only read by publishers and the authors reviewed. As to the effect of that kind of reviewing which consists in giving many and long extracts from the book under notice, all the publishers who alluded to it—namely, Mr. Murray, Messrs. Hutchinson, Messrs. Ward Lock, Mr. Elkin  ## p. 169 (#209) ############################################ THE AUTHOR. 169 Mathews — condemned the practice. "The reader feels," said Mr. Murray, " that he has got so good an idea of the book that he does not want to read it." The question of what becomes of books sent out for review was also remarked upon by several publishers. "C. K. S." in the Illustrated London News first raised this question by way of a protest against the custom of many publishers in stamping (" disfiguring ") review copies of books. The reply of the publishers—expressed in terms, it must be observed, of strong feeling by Messrs. Constable, Sampson Low, and Mr. Mathews—is that in many offices the books are so disposed of that in the case of nearly every one sent for review, copies may be bought in the second-hand shops before the edition is actually issued to the trade. Are there too many books? Yes, says the St. James's writer in summing up the foregoing interviews. "Too many books, and consequently too much criticism. The very number of the volumes issuing from the press makes it impossible to adequately notice more than a few." How signed, as compared with anonymous reviews, affect sales was a matter touched upon only by Mr. Mcllvaine, but his opinion is suffi- ciently striking. "A signed review," he said, "is undoubtedly important, whether favourable or unfavourable. An anonymous one, except in leading journals, is ineffective to increase or diminish the sales of any book." As a com- mentary on the discussion of this question, one may point to the case of the Academy, which, in taking on a completely new and modern dress and spirit, under a new editor, and a new proprietor— Mr. Lewis Hind and Mr. John Morgan Richards, respectively—has made the most radical internal change of all by banishing the signed review and adopting anonymity. The Chap Booh article by Professor Brander Matthews in support of the French custom is replied to vigorously by the writer of "Notes" in that periodical. Anony- mous articles, says this backer of the old method, mean neither cowardice nor recklessness; and a signature neither adds to nor detracts from the weight of judgment. The " anonymous " system is admittedly imperfect, but there are the two extremes; if the unsigned article now and then gives the scoundrel who finds his way into every business too obvious an opportunity, the other method of universal signatures opens the door to unashamed villainy and destroys the worth and dignity of criticism. Notoriety would spoil the critic. The critic's work, existing not for the signature's sake but for its own, stands or fall8 by its merits. The critic alone amone of letters is forbidden to bolster Up ^"^gj articles by the conjuring of a name. On the other hand, if once the signature becomes omni- potent there is an end of criticism. The larger the name the more worthless the work ; and the journal would become a mere album of autographs. Mr. Hall Caine spoke a new story from a Dundee platform, by way of opening the Armistead course of lectures. The Daily Chronicle having styled this "a new form of entertainment," a correspondent in its columns immediately pointed out that, in Mr. Thomas Hardy's story, "The Hand of Ethelberta," the heroine's efforts to support her brothers and sisters in their London home takes the form of telling stories to fashionable audiences in a West End hall. Professor Mahaffy regards the use of one common language in addition to the mother tongue of each people, as the arrangement which would bring order out of the prevailing confusion of the modern Babel. It would produce an enormous saving of time, and tend to the nearer and better knowledge of the world's progress among all people. The English is to be this salving "common tongue," as its preponderance all over the world is so great. The attempt to settle the problem by inventing an arbitrary tongue has been ineffectual, and will never succeed, he says, in the face of practical languages which are the natural growth of the human mind, spoken and understood already by millions of men. The Professor wishes, therefore, that we should encourage such gradual and modern licences— i.e., in the matter of spelling—as may make English easier to acquire. BOOK TALK. DEAN BUTCHER, of Cairo, is the author of a historical tale about to be published by Messrs. Blackwood, entitled "Armenoso of Egypt." It is based upon the romance of Armenoso, who was to have been the bride of Constautine, had not fate decreed otherwise. Mr. Edward Clodd has nearly completed a new work entitled "Pioneers of Evolution: From X Causeda£* J *-rf-»<WJ will be published in tC Atbfi Movement * Grant Richards. m^d\e of January by » Messrs. Chapman ~ . y. J*\e announcement ^fl* *«£ » |>ea. That is, t* a % ^-cVeu9 tot: filling each. In, ^V>^W L»s ti> V> ^Mst be rem eme^ 9*  ## p. 170 (#210) ############################################ 170 THE AUTHOR. works are still copyright. The edition is to be printed on good paper, with decorative red cloth binding, and a frontispiece picture in each case. A new historical novel by Dr. Conan Doyle will be published shortly, entitled " Uncle Bernac: A Memory of the Empire." Mr. Herbert Russell, son of Mr. Clark Russell, has placed a story- with Messrs. Sampson Low, which will be issued immediately, entitled "The Longshoreman." Mr. Anthony Hope is at work on a new novel which will probably be called "Born in the Purple." Mr. George Knight is the author of a romance called " The Circle of the Earth," which is an- nounced for early publication by Messrs. Ward, Lock, and Co. A novel by Mr. Charles Kennet Burrow, called "The Way of the Wind," is about to appear from the house of Messrs. Kegan Paul and Co. Miss Dora McChesney has written a historical novel called "Miriam Cromwell, Royalist." Messrs. Blackwood will publish the book. Mrs. Croker has a new three volume novel in the hands of Messrs. Chatto and Windus for early publication. The next volume in the new Irish Library, edited by Sir Charles Gavan Duffy, and published by Mr. Unwin, will be ''Bishop Doyle: A Bio- graphical and Historical Study." The author is Mr. Michael McDonagh, a journalist in London, and author of " The Book of Parliament." Captain Mahan has completed his important "Life of Nelson," which will be published in two volumes, containing portraits and battle-plans, by Messrs. Sampson Low about March. Miss Kingsley has almost finished the volume relating her recent travels and adventures in West Africa. The country dealt with lies in the region of the French Congo and the Cameroons, including Corosco. There will be a map and several illustrations in the volume, which will be called "The Log of a Naturalist in West Africa." Sir Richard Burton's MSS. have been placed in the hands of Mr. W. H. Wilkins, to be pre- pared for publication. They include a book on "Human Sacrifice amongst the Sephardim or Eastern Jews;" "Ladislas Magyars," a volume of African travels; a '* History of the Gypsies ;" "The Book of the Sword," and two additional volumes of Camoens. These books will he brought out at intervals during the next two years. Much earlier, however, there will appear what has been described as the Life of Burton from the point of view of the Burton family. It is founded on unpublished letters and docu- ments, and written by Miss Georgina M. Stisted, niece of the traveller. It is called " The True Life of Captain Sir Richard Burton." The late Mr. George Augustus Sala's " Common- place Book " is being prepared for publication by Mrs. Sala. The original volumes are to be pre- sented to the British Museum. Lord Amherst of Hackney recently came into possession of a MS. of the New Testament, sup- posed to be in Scots. It was shown to Dr. Murray, the editor of the new English Dictionary, who has no doubt that it is a Scottish version of Wyckliffe's translation, and from specimens sub- mitted to him he concludes that it may date from 1500, or thereabout. Lord Amherst has con- sented to the publication of the MS. by the Scottish Text Society, which will issue the work to its members. Mr. Hughes-Hughes, of the British Museum, has begun the transcription, and it will be edited by the Rev. Dr. Walter Gregor. The enticements offered to book-buyers in America, though always of an ingenious character, have not until quite recently possessed the ele- ment of the bizarre in such a striking degree as this. Messrs. Scribner's have published a new "History of the United States," and the first edition has been bought up by the Tribune, who state that the work is not obtainable in the ordinary way from the bookseller, nor through the "oily-tongued agent," but in the following way:— Ring up The Tribune-Scribnera History Club, Tele- phone No.—, any time from eight a.m. to nine p.m. Give the operator your name and address. He has under his hand direct wires to every District Telegraph Offioe in New York and Brooklyn. In two minntes a uniformed boy from the branch nearest you will be on his way with sample volumes (a complete set if you prefer) and full par- ticulars. No charge for the service. Keep the boy as long at you like. Pay the messenger no money. The following is the inscription borne by the monument of the late Prince Henry of Batten- berg at Balmoral, which has just been erected. The author of the quatrain is the Marquis of Lome: "Brief life, in sport and war so keen. Mourned by these winds in heath and fir, As where the falling breakers stir The palms that crown thy oloBing scene." The library of the late Prince Louis-Lucien Bonaparte, consisting of a unique collection of philological works representing a cost of .£40,000, has been bought from the Princess by Mr. H. S.  ## p. 171 (#211) ############################################ THE AUTHOR. 171 Nichols for something like an eighth of that sum. Some strong criticisms have been passed upon the Corporation of the City of London for allowing its negotiations for the purchase of the library to fall through, London being the proper and most suitable place for this splendid accumula- tion. Mr. Charles J. H. Halcombe, the author of "Tales of Par Cathay," is producing a work on China entitled " The Mystic Flowery Land." It will be published soon by Messrs. Luzac and Co., with illustrations. Mr. Hugh Clifford, British Resident at Pahang, is publishing early in the new year through Mr. Grant Richards, a volume of stories illustrating life and character in the Malay Peninsula. "Reliques of Old London," is the title of a book which Messrs. George Bell and Sons are about to publish. It consists of a group of studies of houses of the period from the Great Fire to Queen Anne. These studies are drawn in lithography by Mr. T. R. Way, and the letter- press descriptions arc from the pen of Mr. H. B. Wheatley. A proposal to place a memorial window in the church of the parish in which Oliver Goldsmith was born, has been made by the Rector of Fergney, Among those who are giving sympathy and sup- port to the project are Professor Skeat, Professor Hales, Mr. Edmund Gosse, Mr. Austin Dobson, Sir Walter Besant, and Mr. Edward Bell. Subscriptions to the fund may be addressed either to the Rev. J. H. Rice, Fergney Rectory, Mullingar; or Professor Hales, 1, Oppidan's-road, London, N. The Kelmscott Press announces that Spenser's "Shepheardes Calender" will be ready shortly, bound in half-holland, with twelve full-page illus- trations by A. J. Gaskin. The third volume of the " Earthly Paradise" will also appear shortly, and will be followed by the other five volumes in due course, as well as by "Sire Degravaunt," "The Water of the Wondrous Isles," and another romance by the late Mr. William Morris called "The Sundering Flood," particulars of which will be issued later. Two projects announced in the summer—namely, the folio editions of Froissart and of "Sigurd the Volsung"—have been abandoned. After its present engagements are fulfilled, the Kelmscott Press will be closed. Mrs. William Morris asks all those who may possess letters of her late husband's, or notes of conversations with him, or other documents likely to be of service in the preparation of his biorTrauhy. to be so good as to send them to Mr. J "Vy \r ■kail (27, Young-street, Kensington, W. j. jjj^ j*tte« will be especially welcome. All documents will be carefully returned. In his work on Christina Rossetti, Mr. Mackenzie Bell will enter very elaborately upon exposition and analysis of all that writer's books —fourteen in number. Of the eight chapters which will make up the book, three will be bio- graphical. There will be several portraits, and a bibliography compiled by Mr. John P. Anderson, of the British Museum. The attention given to literary matters by the London morning papers is on the increase. The Morning Post has, during the month, made a con- cession to the modern spirit by inaugurating a special page of reviews and literary news weekly —on Thursday. The volume of reminiscences by the late Mrs. Rundle Charles, author of "The Schonberg-Cotta Family," is being brought out by Mr. Murray, under the title " Our Seven Homes." Miss B. M. Croker's Irish novel, " Beyond the Pale," at present appearing serially in the weekly edition of the Times, will be published in book form in London and New York on Jan 15. November was as busy as possible in the publishing trade. The huge batches of special Christmas books go to swell the number, but, apart from these, a fairly interesting and important production appeared. In fiction there were new volumes by Dr. Doyle, Mrs. Steel, and Mrs. Craigie; in poetry Mr. Rudyard Kipling's "The Seven Seas" (Methuen); in travel Mr. Selous' "Sunshine and Storm in Rhodesia" (Rowland Ward); and in biography, Mr. Archer's "Nansen," from the Norwegian (Longmans). Mr. Herbert Spencer brought his work on Synthetic Philosophy to a conclusion with the volume entitled "The Principles of Sociology" (Williams and Norgate). It is six and thirty years since this work was commenced, and Mr. Spencer, in a touching retrospect, alludes to his many deterrents and relapses during the labour. Doubtless in earlier years, he says, some exultation would have resulted in finding the end of such a work at length reached, "but as _ on ieeUug* weaken, and now nay T P,r« is in emancipation. Still tW^£ *!• « t&e consciousness that wZ* « aateiaW » d Mattered health W"**> tosmrage^nts, * fulfilling the purpo^*' r^eiM me 1 . A little township . N W vp> JMst been re;cfiri<JVV ^ol^>n&> v* * name gft, ^ ^ ^ oye  ## p. 172 (#212) ############################################ 172 THE AUTHOR. to change it, and to call it after the heroine of, as he said, "a story which has lately deeply moved me." A plan of the town has been drawn up with streets and squares and avenues all bearing the familiar names of the characters in the late Mr. Du Maurier's novel. A new sixpenny monthly, which will discuss questions connected with literature, politics, religion, education, sociology, and kindred sub- jects, is announced. The title is the New Century Jierieic, and the first number will appear on the 18th. Lady Halle is about to publish a volume of ■extracts from letters written to her by Sir Charles Halle, in which the musical events of England during the last twenty-six years are discussed. These would have appeared in the work which Sir Charles, had he lived, intended to produce. A correspondent to the Publishers' Circular of Nov. 14 suggests the formation of a society for private librarians. Mark Twain's book, "Tom Sawyer, Detective," will be published in the course of a few days by Messrs. Chatto and Windus. "The Money-Spinner and Other Character Notes," by Henry Seton Merriman and S. G. Tallentyre, will be published shortly by Messrs. Smith, Elder, and Co. In Japan the present rate of exchange has greatly affected scholarship, prices having nearly doubled themselves. Altogether the Japanese scholar's path is a difficult one, and only a man of independent means can carry out a literary career. Study used to he loved for its own sake, and a young man would rather bear the title of student than possess <£iooo. Now, however, education is constantly spoken of as learning how to make a livelihood. It is gratifying to hear, however, that a project is on foot to establish a large public library in Tokyo by amalgamating the three existing institutions, and to purchase foreign works in sufficient number to form an establishment worthy of the nation. In order to do this it is calculated that for many years it will be necessary to spend at least £ 10,000 in foreign works. A book on glass painting, by Mr. Henry Holiday, is in course of publication by Messrs. Macmillan. The volume will contain twelve collotype pictures, and many illustrations in the text, from designs by Sir Edward Burne-Jones, Mr. W. B. Eichmond, Mr. Christopher Whall, and Mr. Holiday. Mr. F. M. Lutyens has written a sporting ■story, "Mr. Spinks and his Hounds," which will be published by Messrs. Vinton and Co. The book is to be embellished with about sixty illus- trations from original drawings by Mr. C. Lutyens. "Backward or Forward '<" the last of the series of Indian problems, by Colonel H. B. Hanna, will be published next month by Messrs. A. Constable and Co. The present volume deals largely with the financial aspect of the Forward Policy, also with the effect of that policy upon the loyalty of the people of India, and the native army. Mr. Leonard Merrick informs us that the novel published by Messrs. Chatto and Windus, under the name of " A Daughter of the Philistines," has unfortunately had to change its name, as Messrs. Tillotson already have a story in the field with that title. It will therefore be called, " Cynthia: a Daughter of the Philistines." Lord Roberts has accepted the invitation of the New Vagabond Club to be its guest on Dec. 9 at the Christmas dinner. To this dinner ladies may be invited. Mr. Rudyard Kipling will also be present. The governing bodies of the Royal Historical Society and the Camden Society have agreed to unite the institutions (subject to ratification by special meetings shortly to be held), the members of the Camden becoming fellows of the Royal Historical after May 1 next. Amongst other advantages anticipated from the union, it is believed that it will be possible to issue every year three volumes of publications in the style of the old Camden series, and a volume of trans- actions. In a lecture on the 19th ult., Mr. Frederic Harrison suggested that the two societies should collaborate in the preparation of a competent bibliography of English History. Messrs. Hurst and Blackett have just brought out, in their well-known three-and-sixpenny series, a new and revised edition of Miss Eleanor Holmes's first novel, "In Time to Come." "Through Another Man's Eyes,'' a story by the same writer, is to be issued shortly in Messrs. Jarrold and Son's Greenback series. A one-volume edition at a popular price of Andrew Tuer's "History of the Horn Book " will shortly be issued. The two volume edition de luxe is stated to be nearly out of print. Miss Helen M. Burnside has written her "Reminiscences " of twenty years of work for fine art publishers in the Christmas number of Hearth and Home, which subject is also dealt with by Mr W. James Wintle in the Christmas number of the Windsor Magazine. The Artistic Litho- graphic Company publishes three illustrated Christmas poems by Miss Burnside, entitled "Our Ancestors," "For Auld Lang Syne," and  ## p. 173 (#213) ############################################ THE AUTHOR. 173 "'Neath Christmas Snows." Several highly artistic "black and white" calendars, for which Miss Burnside has written "Story Poems," are issued by Messrs S. Hildesheimer and Company. Perhaps the most interesting publication of the season will be issued this month as a Christmas and New Year book by the Roxburghe Press, entitled "My Father as I Recall Him," by the late Miss Mamie Dickens. It is full of anecdote and information of Charles Dickens's home life. Miss Mamie Dickens was not able to revise the final proofs previous to her death, but this has been kindly undertaken by Mrs. Perugini (Kate Dickens). The work will contain some illustra- tions from photos, &c., never before published, and will by produced in a most dainty style, Mr. Charles F. Rideal being responsible for its " get up," It will also have a specially designed cover. CORRESPONDENCE. I.—The Title. THERE can be no doubt that if the proposal made by " Tyro," anent the above, could be adopted it would be a great boon to writers. But I fear it is unlikely that any private firm or individual will be found willing to undertake what must develop into quite a colossal compila- tion. The British Museum authorities are the proper people to help us, and I hope they may be so disposed, on the lines indicated. Failing this desirable result, " Tyro" should regularly consult the Bookseller and the Publishers' Circular, whose lists are reliable and exhaustive. When I was a young bird I nursed a pet scheme, which I fondly trusted might some day bear good fruit. It was that the title, being a product of the brain equally with the story one contrives to produce, might be registered as the inventor's sole property, say, as soon as the manuscript was completed and lodged with a publisher for judgment. I even had the courage to carry my project into the stern pre- cincts of Stationers' Hall. Strange to say, beyond a tolerant smile, my suggestion met with no encouragement there, and I walked do a n Ludgate-hill feeling very sad after my rebuff. I am still obstinate enough to cling to my notion as one not altogether imbecile. Old Bird. Authors' Club, S.W., Oct. 17. II.—The Fiest Book. 1. I should like to give you, for the ^ benefit of struggling authors, my exp^ hling °* my first book. It was not the first h ^ienCC °* ^\ that I had written by any means, but the first I had succeeded in getting into print and giving to the world. I had just arrived in England after a summer spent in the United States, and I sat down and wrote a novel naturally dealing largely with incidents in that land—in fact I called it on the title page "An Anglo-American Romance." 1 felt very sanguine as to the success of my book (and so indeed did others to whom I showed it). So confident about it did I feel that—knowing the repeated rejections it would probably have to undergo at the bands of publishers—I took the rather rash course of having the work printed at my own expense. The next difficulty was to find a London publisher who would under any circum- stances whatever allow his name to appear on the title page of a book which he had not had printed at his own printers, in his own particular style of " get up," and in his own way. I then gave a printed (but unbound) copy into the hands of a literary agent, who submitted it at once to a young firm of publishers, who directly replied that they should not have hesitated to publish the work entirely at their own expense had they not already undertaken as much risk as they felt justified to incur. They would, however, still be pleased to publish it on a 10 per cent, commission if the author would finance. Having already financed the printing, and there remaining but little more in this way to do, and being anxious to get my book brought out on almost any terms at all, this was agreed to, and the novel appeared. Messrs. Smith and Messrs. Mudie took a con- siderable number of copies, and more were sold besides, but not sufficient to recoup me my outlay, simply from the book being badly introduced, badly published, and insufficiently advertised, and I have hitherto not received a penny of actual profit for all my work. In certiin libraries to which I gave copies I see the book is as popular as a book can well be, and is—solely on its own interest—being constantly read. I have before me in print as 1 write this, a lecture delivered by the editor in April, 1884, on "The Art of Fiction," in which he advises "Never, never, never pay for publishing a novel;" yet in the case of " Ready Money Mortiboy" this distinguished novelist says he managed his own first novel in this way. I admit that in this ease the arrangement seems a good one, because the authors had already netted £,100 for their serial rights. H an author must not undertake the expenses and risk of his first book, and he can find no publisher who will do so, what other course can {,e take i" This is a question which has perplexed f0r some years. ■r ii.ink it would be beneficial if some of our  ## p. 174 (#214) ############################################ i74 THE AUTHOR. veteran writers would give us shortly a little of their experience with their first or early works. T. D. L. [" T. D. L." misunderstands the facts. I warn everybody never, on any account, to pay for the publication of his own book; first, because he will be almost certainly overcharged as to the cost; next, because if the book is worth publishing any good publisher will willingly take it; thirdly, because it is very rare for an author who has paid a publisher in advance to get back his money; fourthly, because certain low class publishers live by deluding young writers into tbe belief that they are going to reap great fortunes out of a worthless MS. The management of "Ready Money Mortiboy" was a very different thing. The authors had it printed and bound economically; they gave it to a publisher on commission; they kept an eye— one of the eyes was experienced—on its manage- ment; they made the printer's bill payable after the publisher's first returns; and they never had to pay anything out of pocket at all. Moreover, they knew very well, from its success as a serial, that it would " go."—Ed.] ii. The editor is too ardent a champion of authors' rights to suggest any course which might play into the hands of grasping or so-called " timid" publishers. Yet does it not seem as if the very breath of such a proposal as printing one's first book at one's own expense (especially coming from such an authority) may be pointed to with triumph by the publisher as a justification of his invariable talk of " risk "? In this matter of the issue of a first work, there is one thing, perhaps, not undeserving of inquiry. In these days a considerable number of publishers absolutely decline to take up any books other than those from the pens of authors whose name is established. The latter-day pub- lisher sees that an author has made a stupendous hit with one book, and he and his colleagues instantly enter into frenzied competition for the same writer's next work—perhaps a hopeless MS. of long standing, already rejected by every publisher in turn. The question arises, what is the use of a " taster" to the majority of present publishing firms? On the whole, though I speak as one who lays himself open to facetious comment, as one not having yet touched the goal of acceptance, while modestly disclaiming the title of an " un- appreciated genius," I read with pleasure " Alan Oscar's" lesson of manly patience to new authors —" to write on and submit their stories till success comes." J. Q. III.—A Plea for Signed Criticisms. The trenchant remarks of " Behind the Scenes," in the October issue of The Author, should be well considered by all who recognise the import- ance of a subject which must appeal forcibly to writers of every grade. In particular his con- cluding paragraphs deserve to be writ large indeed, as they indicate the very pivot upon which turns the whole latter-day method of reviewing. I, for one, most cordially agree with "Behind the Scenes" that until our critics are made respon- sible by signature, or at any rate by genuine initials, as a means of identification, for the opinions they express, the hatchet of discord between us will never be buried. "Nor is it just that it should be when circumstances are dispas- sionately considered. If a writer send forth his title-page inscribed with his name, surely he has a right to expect equal frankness from those who sit in judgment upon his work, and who wield no inconsiderable power to make or mar his fortunes. It does seem a crying shame that there should only too often be no redress for the maligned fictionmonger, smarting perchance under censure provoked by some notice, slovenly, in- accurate, and, above all, anonymous. It is easy enough for authors who have reached the top of the tree to ignore, from its summit, the shafts which fail to hurt them. But most of us are only swarming up a trunk the foothold on which is slippery and insecure. Hence these tears. Cecil Clarke. Authors* Club, S.W. IV.—Educational Criticism. I fully agree with the remarks of "An Edu- cational Author," in the current number of your journal, that "editors of journals should be on their guard when they receive from educational authors carping criticisms, mingled with personal insults, on the works of their colleagues." In no branch of literature is there so much abuse of criticism as in that of education. I have no personal grievance in the matter, never having published an educational work, but I have been connected with the "profession," and I know what an injustice is frequently done to educa- tional authors. Unfortunately, most people do not read between the lines, and so they do not discover the venom hidden under the cover of what is conventionally called "fair criticism." One of the most distinguished headmistresses in this country, whose death was a great loss to the profession, once told me, "When- ever I read an exhaustive virulent criticism on an educational work, I immediately procure the book, as I assume that, if it were not an  ## p. 175 (#215) ############################################ THE AUTHOR. •75 important publication, the critic would never have taken so much pains to revile it at full length; and, as a rule, I find tbat the severely censured book is a good one." The fact is that the educational Zoilus reigns supreme in this country. He will often extol to the skies trashy publications, but let him hit upon a meritorious work, and he will be sure to tear it, critically, to pieces. All friends of education must therefore be grateful to you for having given publicity to the remarks of " An Educational Author," which may open the eyes of many an editor to the abuse of criticism as far as educational works are concerned. Fair Plat. V.—Thirteen as Twelve. Since discovering, some years ago, that in the majority of cases booksellers do not order books in dozens, and have them delivered according to bakers' measure, I have felt inclined to resent somewhat strongly the custom which prevails amo>ng publishers of paying no royalty to the author on one out of every thirteen copies they sell of his book. I went so far as to argue the point, when arranging the terms of a profit-sharing agreement (the publisher taking all risks) with a member of one of the largest firms of publishers we have. It was even possible, as I pointed out, if he neg- lected to account for every thirteenth book he sold, for his firm to make a small profit, while I, the author, who had been offered "half profits," might receive nothing. He admitted that I was correct, but said that the difficulty of distin- guishing in the accounts between books sold by the dozen and books sold in less numbers was so considerable that if he were to account for the actual sales he would have to increase his staff' of clerks. I marvelled at this, but the end of it was he refused point blank to alter his usual custom, and I had the choice of taking the book out of his firm's hands, and probably losing that publishing season, or agreeing to his terms in this particular. But there was another firm, and it gives me great pleasure to mention it by name—Messrs. Hutchinson and Co.—which this spring published a novel of mine called " Lady Val's Elopement." An offer of a certain royalty was made. "How do you account for your sales?" I asked, " actual copies sold, or the thirteen as twelve plan?" I hope it is no breach of confidence for me to give the reply, which is greatly to Mr. Hutchinson's credit. "On the actual sales, of course," jje . "the thirteen as twelve business is a mer^ ■ ,1. » "But the usual custom," I found aiiv, "lt pelled to add. "We do not carry onodj. M COffl" in that way," he remarked, drily, and jiyw Musiu?sS hf«otl' fidence at once. Perhaps I have not quoted the exact words, but our conversation was much to the effect given. Here we have a precedent, and a precedent is a great step forward. If the thirteen as twelve method were not the custom of the trade, it might be called strong and unpleasant names. It is a bad and unfair custom, and that an important firm of London publishers will have nothing to do with it is gratifying and en- couraging Of course, the only result of the older firms insisting on unfair and inaccurate, but customary, methods of accounting for books sold is that, while they are the richer by a few pounds over any particular book, they most certainly lose the best of the younger writers without whom, in a few years' time, their businesses cannot be carried on. Authors will naturally take their MSS. to the younger, more enterprising, and, I may say, more fair-dealing firms. John Bickerdyke. VI.—"A Falling Off." I am a novelist and a woman. From time to time I have a story to offer. It is never a very pleasant thing to submit your own wares, especially when you are conscious that the person who is to buy them is always thinking for how little he can get them. I wish to publish a little experience connected with these dealings. I am told, not once, but always, not by one man but by many, the same story. "Dear me!" he sighs, "if this story had been as good as your last, I should have given you twice as much as I gave you then. But there is a sad falling off— very sad. I cannot, really, offer you more than so much"—naming a greatly reduced figure. I have to take it, or go elsewhere, to be told the same thing. The sham and pretence are shown by the fact that they forget on each occasion that they said exactly the same thing before. So that it is clearly a stock excuse for running down a helpless woman. Clio. VII.—" Publication." What is the exact meaning of the word " publi- cation "? The legal sense is known, but what is the meaning generally understood as between author and publisher f I will give three instances of different values being attached to the word. Book A.—I as author contract to deliver the complete MS. by March 31, 1896; the publisher contract* to produce—" publish" is the word used in the "Memorandum of Agreement"—the book , later than May 15. No advance is to be n . -vvith respect to royalties. I do not receive  ## p. 176 (#216) ############################################ 176 THE AUTHOR. the usual complimentary copies until October; even up to date of writing no copies have been sent out for review, nor to my knowledge have any been sold, or offered for sale; but the pub- lisher writes me, "The act of publication takes place the moment a complete copy is produced." Book B.—The publishers contract with me to issue the book in the autumn of 1896, and to pay me on publication a specified sum on account of royalties. This book is issued to the libraries and booksellers in September, and in the same month I receive complimentary copies, but when I apply for the money payable on publication I am informed that the directors will fix a date for settlement. Book C.—This was issued to booksellers in 1894, was duly advertised, reviewed, and sold. It has not been entered at Stationers' Hall, nor is it to be found at the British Museum; in short, the provisions of the Copyright Acts have not been complied with, and, as the copyright of this book rests with the author, I regard it as a matter of some importance that it should be so published as to enable me to maintain those rights. Can it be maintained that anyone of these three books has been published? T. C. B. VIII.—An Inquiry. Can any of the readers of The Author kindly inform me where I can find an article on "Famous and Curious Bets"? I have seen such an article, but cannot remember where. Harold R. Wintle. IX.—Copyrights. In last issue you refer to the "lifting" of a short story entitled " A Ghostly Smoker." The idiot who stole it seems to think that because the word "reserved "—he may mean "copyright"— was not printed at the beginning or end, the story is unprotected, and becomes the property of any gutter-prowler who may choose to annex it. But according to English law, the mere art of publication gives copyright, and this applies to all original matter, including stories, short and long. Andrew W. Tuer. The Leadenhall Press, E.C. X. — The Completion of Mr. Spencer's Philosophy. [From The Times, Tuesday, Nov. 17, 1896.] To the Editor of The Times. Sir,—All students of Mr. Spencer's writings will desire to join in the words of your leader of Saturday last, that " We heartily congratulate Mr. Herbert Spencer on having at length completed the great work of his life. . . . Our present concern is with the fact that the system of synthetic philosophy has at length received its last touch, and that this stupendous undertaking has^ in spite of all difficulties, been launched on the world. It is with no empty form of words that we congratulate the author on his success, and on the pleasure he can now feel in his well-earned emancipation." My object in addressing you is to ask if it may not be possible to form a sufficiently strong com- mittee, representative of all philosophy and science in the United Kingdom, to induce Mr. Spencer to allow, as a mark of congratulation, some repre- sentation of himself to be made and placed in one of the permanent and officially recognised galleries or museums of Loudon, such as the National Portrait Gallery, the rooms of the Boyal Society, or one of the halls of the South Kensington Museum. What form the representation should take, and to whom the commission should be intrusted, would, of course, have to be decided by the com- mittee in consultation with Mr. Spencer himself. When the preliminaries had been discussed and settled, and it was known that Mr. Spencer would consent to sit—the most difficult matter apparently that the committee would have to arrange—I feel sure that the necessary funds would be forth- coming to carry out the project to a successful conclusion, as the names of several are known to me who would be only too delighted to partici- pate in the formation of a memento of the greatest philosopher that our country has produced, and whose equal has not appeared in the present century, for, as you truly say, "As a writer he has attained a reputation not only in his own country, and has exercised an influence not only on English thought. In Germany and Russia he stands even higher than he does here, and has been more thoroughly studied in the most abstruse and least popularly attractive of his books." Will any of those who would like to be con- nected with this movement kindly communicate with me? They will, of course, understand that I am writing entirely upon my own responsibility, and without Mr. Spencer's knowledge. I would it were possible to add that his permission for a portrait or statue had been obtained.—I am, Sir, your obedient servant, F. Howard Collins. Churchfield, Edgbaston.  ## p. 176 (#217) ############################################ A D VER TISEMENTS. in ELLIOT STOCK'S NEW VOLUMES OF VERSE. In crown 8vo., cloth, price 3a. 6d. LEAVES IN THE WIND. Bv ANTHONY C. UEANE. In crown 8to., oloth, price 5s. A TRIP TO FAIRYLAND; or, Happy Wedlock. With other Poetical Pieces. By the Rev. JOHN MORGAN, Rector of Llanilid and Llanharan, Glamorganshire. In crown 8vo., cloth, price 5a. POEMS OF LOVE AND NATURE. By CHARLES W. CAYZER, B.A. ConTBNT8Spring Idylls—Songs and Lyrics—Love Sonnets- Amy Robsart—Miscellaneous Poems—Sonnets—Epigrams. "Verse through which breaths the true spirit of poetry.***—(Jlnsyoir Evening Timet. 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Plaint of 'Be 41 A reader who values cultnred sentiments and Hai,;. tion will find much to admire."—Scotsman. rersiflC*" London: Horace Cox, Windsor House, Breaaj's Now ready, price 2s. Gd., cloth. A FLYINQ VISIT TO THE AMERICAN CONTINENT. WITH NOTES BY THE WAY. By F. DALE PAWLE. London: Horace Co: or House, Bream's-buildlngs, E C. Now ready, demy 8vo., cloth boards, price 10s. 6d. IN NEW SOUTH AFRICA. Travels in the Transvaal and Rhodesia. With Hap and Twenty-six Illustrations. By H. LINCOLN TANGYE. CONTENTS. Introductory. PART I. Chapter I.—The Land or Gold and the Way there. ,, II.—Across Desert and Veldt. ,, III.—Johannesburg the Golden. „ IV.—A Transvaal Coach Journey. ., V.—Natal: the South African Garden. ,, VI.—Ostracised in Africa. Home with the Swallows. PART II —RAMBLES IS RHODESIA. CBAPTIR I —Eendragt Maakt Magt. II.—Into the Countrv of Lobengula. ,, III.—The Trnll of War. IV.—Goldmining, Ancient and Modern. "V.—Sic Transit Gloria Mundi. "VI —To Northern Mashonaland. 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Cmwn 8vo., cloth boards, price 6s. HATHERSAGE: A Tale of North Derbyshire. BY CHARLES EDMUND HALL, Author of " An Ancient Ancestor," Ac. London: Horace Cox, Windsor House, Bream'a-buildings. E.G. Printed and Published by Horace Cox, Windsor House, Bream's-buildings, London, E.C. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Author, Vol. 07 Issue 07 (December 1896) Subject The topic of the resource <em>The Author</em>, Vol. 07 Issue 07 (December 1896) Source A related resource from which the described resource is derived <a href="https://babel.hathitrust.org/cgi/pt?id=mdp.39015049239455" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=mdp.39015049239455</a> Type The nature or genre of the resource Publication Identifier An unambiguous reference to the resource within a given context 1896-12-01-The-Author-7-7 publications The Author