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                  <text>The Author .
Society

( The Organ of the Incorporated

VOL .

XXII . -

No .

JULY

10.

1,

of

Monthly .)

.

Authors

1912 .

( PRICE

SIXPENCE .

CONTENTS .
PAOR
255
255
255
257
260
262
264
265
267
268
269
270
271
271

Notices
The Society' s Funds
The Pension Fund
Cornmittee Notes ...
Books publishedby Members ...
Literary , Dramatic and Musical Notes
Paris Notes...
... . ..
...
United States Notes ...
Copyright in a Newspaper Article ...
United States Law Case
A Dangerous Clanse ...
Magazine Contents
How to Use the Society...
Warnings to the Producers of B

's Shilling Fiction
net
.

.

/-

.

.

[

.

net
.

/1

.

,

HODGSON BURNETT

."

Burnett

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Impression

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PUTNAM

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Little Lord Fauntleroy

BEDFORD STREET STRAND

,

.

."

.
.

Flower

is

.
.
.

Just Published

Switzerland

exceedingly well told
This dainty little story
Mrs Hodgson
has once again given her thousands
readers cause
love her

24

net

.

and love

in

of

“

FRANCES

Author
“

life and death

the Blue

of

LandBy

net

LENORE VAN DER VEER

story

of

A

.

By

/-

Times

Wayfarers
winter

1

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honest little story and well written

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sold

,

BARCLAY

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is

It

FLORENCE
"

By

100 000

1

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The Wheels of Time
copies

of

Putnam

The

PAGE
271
272
272
272
272
272
272
273
274
275
278
280
281
282

Warnings to Dramatic Authors
Registration of Scenarios and Origins
Dramatic Authors and Agents
Warnings to Musical Composers
Stamping Music ...
The Reading Branch
Remittances
General Notes
Obituary ...
Composers' Agreements...
The Proposed New Copyright Law of Holland
British Writers and Journalists in Touraine
Inspiration ...
...
Correspondence

�ADVERTISEMENTS

.

The Society of ,Authors (Incorporated ) .
Telegraphic

Address : " AUTORIDAD

LONDON

.”

Telephone No . : 374 Victoria

PRESIDENT .

THOMAS HARDY ,
COUNCIL

SIR ROBERT ANDERSON , K . C. B.
THE RIGHT HON . SIR WM . REYNELL
ANSON , Bart . , P. C., M . P. , D. C. L .
THE
RIGHT
HON .
THE
LORD
AVEBURY , P. O.
J . M. BARRIE .
SIR ALFRED BAT EMAN , K . C. M. G .
ROBERT BATEMAN .
F. E. BEDDARD , F . R. S.
MRS . BELLOC - LOWNDFS .
THE RIGHT Hon . AUGUSTINE BIB
RELL , P. C.
MRS . E . NESBIT BLAND .
THE REV . PROF . BONNEY , F . R .S.
The Right Hon . JAMES BRYCE, P. C.
THE RIGHT Ilon . THE LORD BORGH .
CLERE , P. C.
HALL CAINE .
J . W. COMYNS CARR ,
EGERTON CASTLE , F.8 . A .
EDWARD CLODD .
W. MORRIS COLLES .
Thk Hon . John COLLIER ,

G . C. S. I .

AUSTIN DOBSON .
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DOUGLAS FRESH FIELD .
EDMUND GOSSE , C. B. , LL . D.
SYDNEY GRUNDY .
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E. W. HORNUNG .

W . W. JACOBS .

HENRY JAMES .
JEROME K . JEROM R.
HENRY ARTHUR JONES ,
J . SCOTT KELTIE , LL . D.
RUDYARD KIPLING .
SIR EDWIN RAY LANK ESTER , F. R. 8.
LADY LUGARD
(M188
FLORA
L.
SHAW ).

Mks . MAXWELL

( M . E . BRADDON ) .

OF MANAGEMENT .

AYLMER MAUDE .
HESKETH

BESIER .

PRICHARD

.

PENSION

SUB

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COMMITTEE .
Carton .

I G . BERNARD SHAW .
MISS E. M . SYMONDS .
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FUND COMMITTEE .

COMPOSERS

BANTOCK .
PERCY C. BUCK , Mus . Doc .
THOMAS F . DUNHILL .

-

Chairman - Dr. S. SQUIRE
OWEN SEAMAN ,
M . H . SPIELMANN .

ANSTEY

STORR ,

FRANCIS

.

JEROME K . JEROME .
W . J . LOCKE .
JUSTIN HUNTLY MCCARTHY .
CECIL RALEIGH .

CICELY HAMILTON .

GRANVILLE

ARTHUR RACKHAM .
G . BERNARD SHAW .

W. W. JACOBS .

Chairman - R. C.

Miss

OWEN SEAMAN . "
G . BERNARD SHAW ,
G. R , SIMs .
DR . S. SQUIRE SPRIGGE .
FRANCIS STORR .
SIR CHARLES VILLERS STAXPORD ,
Mus . Doc .
MRS . HUMPHRY WARD ,
,
H G . WELLS .
PERCY WHITE .
FIELD -MARSHAL THE RIGHT le n.
THE VISCOUNT WOLSELEY , R. P. ,
P . C., &amp;c.

MAURICE HEWLETT .

DRAMATIC
CHAMBERS
ANSTEY GUTHRIE .

AYLMER MAUDE .
THE REV . C. H . MIDDLETON -WARE .
SIR HENRY NORMAN , M . P.
SIR GILBERT PARKEK , M. P.
SIR ARTHUR PINERO .
THE RIGHT Hox . SIR HORACE
PLUNKETT , K . P.
HESKETH PRICHARD .
ARTHUR RACKHAM .

Chairman - Dr . S. SQUIRE SPRIGGE .
I MAURICE HEWLETT ,

SIR ALFRED BATEMAN , K . C. M .G .
MRS . BELLOC - LOWNDES .
MRS . E . NESBIT BLAND .
J . W. COMYNS CARR.

C. HADDON

..M .

.

SIR W. MARTIN CONWAY .
THE RIGHT Hox . THE EARL CURZON ,

COMMITTEE

RUDOLF

O

.

SPRIGGE .

MRS. ALEC

TWEEDIE ,
WARD .

Mrs . HUMPHRY

' SUB -COMMITTEE .

Chairman - SIR CHARLES VILLIERS STANFORD , Mus . Doc .
CECIL FORSYTH .
ARTHUR SOMERVELL .
SIDNEY JONES .
HERBERT SULLIVAN .
JOHN B, MCEWEN .
WILLIAM WALLACE .

H. A. HINKSON .
E , J . MACGILLIVRAY .

COPYRIGHT SUB - COMMITTEE .
SIR CHARLES VILLIERS
Mus. Doc .
M . H. SPIELMANN .

STANFORD ,

HERBERT SULLIVAN ,
JAMES YOXALL , M . P.

SIR

ART .

The Hon . John COLLIER .
John HASSALL , R .I.
BIR W . MARTIN CONWAY .
J . G . MILLAIS .
FIELD , ROSCOK &amp; Co ., 36, Lincoln ' s Inn Fields , W . O.
G . HERBERT TUBING , 39, Old Queen Street , Storey 's Gate , 8. W. )
Legal Representative

-

in America — JAMES BYRNE , 24, Broad
39, OLD

OFFICES .

QUEEN

ARTHUR RACKHAM .
M . H, SPIELMANX .
Secretary - G . HERBERT THRING ,
Street , New

STREET, STOREY ' S GATE , 8. W.

Solicitor in England to
La Sociste des Gensde Loutre ,

York , U . S. A,

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Reference kindly permitted

ROAD

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INTERVIEWS

GERRARD 1093

Authors Manuscripts

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of

a

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in

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TYPEWRITING

his time

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stage managers

Serial Market

FOR TERMS
Telephone

WRITE

play

the dramatic world
Knows the best people
experience for this
and has gained the necessary
association
the stage itself
work
class
and
producers
actors
with the best dramatists

:

,

,

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and
Each MS receives the personal attention of Mr Cotterill
the Book and
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TO

---

No

Address

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.

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GIVES PRACTICAL ADVICE UPON PLAYS
THE STAGE
ADAPTS STORIES
NO THEORIES
practical
charge for reading and giving

POCOCK

ROGER

REEVES SHAW
MARK ALLERTON
JOHN HASLETTE
CLIVE HOLLAND
INNES
NORMAN

.

F
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stage

opinion

FRANCIS MARLOWE
HAROLD THOMSON
HILDA COWHAM

,

,

of

to

in

plays produced
Great Britain
the
Adapter
several novels

Author
and America

DEREK VANE
GEORGE EDGAR
ANNESLEY KENEALY
CHARLES PROCTER
SEUMAS MACMANUS
AYRES
RUBY
MURRAY GILCHRIST
BERTRAM ATKEY
ST MARS
PAUL URQUHART
,

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,

of

every
years experience
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An Actor
character play and theatre
Play Construction
Stage Craft
Master

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Strand

Cromb have placed
During the past year Messrs Cotterill
for the
literary work
Serials and Short Stories
Books
following Authors
GUNBY HADATH
COSMO HAMILTON

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Authors

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Being additional facts
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the Society since the publication
collected at the office
Price
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comments
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ADDENDA
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9

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OF

PRODUCTION

THE VARIOUS METHODS OF PUBLI
this
By
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CATION
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COST
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By ERNST LUNGE
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THE HISTORY OF THE SOCIÉTÉ DES
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LIST

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By WALTER
Action from its Foundation
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1888 1892 Price
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THE

Law

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FOR

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XXII

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from

January the secretary
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LONDON

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stated
not and could not possibly
the case

,

,

AUTORIDAD

to

[

readers
personally

is

ADDRESS

of

VICTORIA

an

ADVERTISEMENTS

.

TELEGRAPHIC

PRICE SIXPENCE

As there

.

374

BESANT

1912

:

NUMBER

1

No

:

TELEPHONE

JULY

.
10
.

XXII

.—

.

VOL

WALTER
,

FOUNDED BY SIR

Monthly

Authors

.)

Society

.

Incorporated

of

Organ of

,

( The

the

The Author .

�THE AUTHOR .

to the secretary

on

Bankers ' Order for 10s. drawn on the London ,
County and Westminster Bank , Maidstone .
the National
10s drawn
Bankers ' Order
England Baker Street
Provincial Bank
drawn
the London
Order for
Bankers
County and Westminster Bank Kensington

.

,

W

.

,

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,

on

,

to be of

in

is

matter .

on the

.

,

in

,

.

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.

.

£4
,

846

, would write

their description

from

,

to

of

.

in

at

.

.

5
%

in

in

to

is

there
another
made

Fund Committee that
further sum available for the payment
pension
should
case any application
invested amounts
The money now
fully set out
198
and
the list

a

in

informing the Pension

The secretary would like to state that he has
received three bankers ' orders in answer to the
recent appeal , unsigned , without any covering letter .
He would be glad , therefore , if those members who
may have sent in these orders , recognising
them

5s
.

and
Stock
Stock
and Central Argentine Railway Ordinary
the present prices are
The amounts purchased
the latter stock
£237
the former and £232
The trustees desire
thank the members
the
society
for the generous support which they have
given
the Pension Fund and have much pleasure

Ordinary

for

Antofagasta

Preferred

of

purchase

the
Railway

£500

Bolivian

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before
The full list
annual subscribers
the fund
appeared
the November issue
The Author
in

Donations
1912

.
2
,

paid

given
either donations
does
include sub
compliance with promises made

nor

. .
3 2
, ,

scriptions

not include

January

1

does

in

prior

to

It

.

June

Miss Maude
Donnell Miss Petronella
Curwen Miss Maud
Anderson Arthur

Bland
Taylor Mrs Basil
Forrester
Cliffe
Probert
Wheelhouse Miss

6 6 6
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April
June
June
June
June

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April
April

FUND

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March
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addi
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Miss Edith
present subscription
tion
Hutchinson
the Rev
during
per month
1912

Jan
Feb

0
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£4 846

..
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to

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Jan

Feb

232

to

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Matcham
Mrs Eyre
Stayton Frank
Canziani Miss Estella
Ropes

,

Jan

Jan
Jan
Jan
Jan

Feb

The list printed below includes
fresh dona
subscriptions
tions
and
donations
and
subscriptions not hitherto acknowledged
received
by
promised
January
the fund from
1912
,

The Rev

Miss

addition
present subscription
Hedgcock

4

121

0

..
..
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237

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PENSION

(

Phipson

C
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198

Central Argentine Railway Ordinary
Stock

Total

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addition
Mark
present subscription

Wicks

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1937 Stock
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Canada
Land Grant Stock 1938
Railway
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and Bolivian
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.

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Jan
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1912
Jan

291

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Irish

0 4

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Government

dated Inscribed Stock
London and
North Western
Debenture Stock
Irrigation
Egyptian
Government
Trust
Certificates
Cape
Good Hope
Inscribed
Stock
Glasgow and South Western Railway
Preference Stock
New

0 13

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..
..
..
..
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Local Loans
Victorian

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£1 312

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05

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of

the Committee was held
Monday
the Society
there was
considerable
membership
members and
25

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June

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the
associates being elected bringing the total
the
average
current year
180
that
per month
the first six months
the year
There were seven resignations
The Committee
regret that this year there have been
have
large number
resignations
satisfactory
but
any
note that these resignations are not due
sympathy with the Society
lack
work
and
accession

's .

's

beyond the
at

nothing
be

,

in

most cases have received
usual advice
which
can
Society
office
The Society solicitor gave

-

's

on

that the members who have retired have made
indeed
resources
the Society
financial drain
obtained

the

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of

a

A

assistance

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its

.

to

a

in

to

as

,

a

to

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in

T

report
the cases
his hands
One difficult matter between
publisher relating
member and
breach
by the latter had been settled
£15
contract
having been paid
damages
the author
The
Secretary read
which
letter from the author
the Society for
his thanks
the author expressed

.

6
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Club

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Robbins Miss Alice

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April
May
May
May
May
June
June
June
June

·
·
·

Mrs Basil
Mrs Charlotte
Kenny Mrs
Stacpoole
Robbins Alfred
Harris Emma
Scaramanga
Ralli
Aitken Robert
£1 per month
February
March April
Prior Mrs Melton
Baden Powell Miss Agnes
Koebel
Harland Mrs Henry
Wood Mrs
Hornung

,

April

Taylor

L

April

April

Pen

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0

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April
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Sir Donald
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Percival
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Gibbs
Hinkson
and Mrs
Hamilton Cosmo
Plowman Miss Mary
Aspinall
Montesole Max
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Higgins
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subscription

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Reiss Miss Erna
Grisewood
Norman
Machen
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and
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Kaye Smith Miss Sheila
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Jan

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Jan

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Serjeant Miss Constance
Chamberlayne Miss Effie
Hamel Frank

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Jan
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£

THE AUTHOR

dispute

which

had

ariser

�THE AUTHOR .

,

.

for

in

a

,

it

,

to be

's

of

,
is

,

to

of

. of

in

to

,

of

'

's

,

,

a

.

,

to

to

to

-

joined

had

Society

the

.

R

.

.

.

reported that
Denley James
members

Mrs Wentworth James
the
Secretary
the Society
The
Count Plunkett and Mr
as

an

,

from

life

.

of

.

-

COMMITTEE

of

.

,

21

-

on

to

,

of

,

of

'

of

by

A

.

,

.

and the Dramatic Sub Committee
draft
reply was before the meeting and finally
letter
was accepted
with some slight alterations
The
-

-

of

.

's

Club

in

a

of for

.

if

,

on

to

in

,

SUB

The Dramatic Sub Committee
the Society
Friday
Authors met
June
After the
minutes
the previous meeting had been signed
the first matter laid before the members was the
answer from the Society
the West End Managers
regard
the Managerial Treaty which had
been settled
the joint action
the Dramatists
in

On

to

as

.

,

on

on

of

,

it

,

in

DRAMATIC

it

. , ,

in

,

to

of

infringe
Committee decided also
take action
copyright
ment
India
behalf
one
its
members and the Secretary received instructions
put the case before the Society
Indian lawyers
of

5s
.

of

,

,

,

it

is

,

to

its

of

be

to

examined
the English Court
under
through the Foreign
commission
Office
was
decided
brief counsel
his behalf
There
dispute
agreements
were two other cases
performing rights
dealing with
both
the
advice
the solicitor
the cases seemed hardly
negotiate
matters for action
was decided
possible
settlement
each
instance
The

to

capital fund

of

,

an

.

of

no
by

a

in

of

of on

Some time ago the Society commenced
action
behalf
one
members for infringement
copyright
Switzerland
The member having

donation

.
N
.

of

,

,

,

to

,

it

infringer but
was felt
the Committee that
impress upon the proprietors
the only way
the periodical that they must not transfer rights
which they did not hold was
take action though
against the innocent infringer
hoped
who
will enforce
claim against the guilty party

the autumn
The election
the Council was again adjourned
also was the question
the Nobel Prize
Committee
the adjournment
the latter case
being necessitated owing
the illness
the
chairman
that committee Lord Avebury
letter
from
the Society
United States
lawyers
regard
legal business
the conduct
the United States was read and the Secretary
reply
was instructed
The Committee acknowledged with pleasure

G

. of

,

of

a of

to

did

to

,

it ,

,

member
maintained
and the solicitor
the
Society advised
that the paper had transferred
rights which
not hold and the Committee
accordingly
decided
take action against the
publisher
copyright
for infringement
The
music publisher
was
doubt
innocent

interested to cover expenses to start a collection
bureau , not only for those authors who , under
their literary contracts , might desire this collec .
tion , but also for dramatists and composers who
desire their fees collected
the dramatic per
formances and for their mechanical rights
This
branch
the Society
work will require preliminary
organization
may not
put into shape till
and
hoped however
1913
make
start

It

a

,

by

a

of

,

a

set

of

to

.

In

a music

.

a

,

contract for the
publisher ,
had been met with a refusal on the part of the
music publisher to carry out his contract . The
Committee
decided
to
take action .
Another
claim
was discussed , which concerned a member
and a company which had gone into liquidation
The solicitor reported that the matter was being
carried through , and that the member ' s interests
would
watched closely
another
case
dispute had arisen owing
the fact that the
proprietors
periodical which had originally
published
verses
one
the members
rights
granted
republication
had
the
publisher
verses with music
music
The
be

into
with

of

member , having entered
publication
of his work

in

Society and a publisher on a question of accounts
and the exact terms of a contract , the Committee
strongly advised , as notice of termination of the
contract had been given , that the publication
should
be
transferred
to another
house , and
support
undertook to
the member in case
of
further dispute . The solicitor reported that a

that the matter should be placed in the hands of the
solicitors ,and an accountant appointed to investigate
the publisher 's books .
The Committee received
a deputation from the
Copyright Sub -Committee and the Composers ' Sub
Committee , with reference to an agreement which
had been
settled between
the Copyright
Sub
Committee and a firm of music publishers .
An
article which appears elsewhere
in this issue of
The Author explains this matter .
The question of the collection of fees was then
considered , and it was decided , subject to the
possibility of obtaining a guarantee from members

of

of the

a member

.

case between

.

In another difficult

,

information .
A claim
of one member which had
been satisfied had , during the month , been
pressed , and the defendant thrown into bankruptcy ,
but the Committee heard with regret that it was
improbable that any money would be forthcoming

not

In another matter , arising out of a dispute on an
agreement , it was decided by the Committee to
publish an article in
The Author setting out the
dangers of the clause which the author had signed .
Another difficult matter of accounts was before the
Committee . If it was impossible to come to a
satisfactory settlement in this case they decided

as

from

A

two members of the Society , adjourned
the former meeting , was again adjourned
pending the receipt
of some further material

between

in

258

�THE AUTHOR .

.

259

secretary was instructed to forward it to the Society
article appears on another page. He also read a
letter from the Music Publishers' Association about
as early as possible .
performing rights in answer to a communication
The next question raised was the appointment of
agents in foreign
countries .
The secretary read , addressed
to them from the sub - committee , and he
letters he had received , and was instructed to reply ,
was instructed to reply thereto . The sub - committee
agreement proposed
by the
to the effect that it was hoped to discuss the matter
then
discussed
an
in the autumn , when the sub - committee was meet Mechanical Copyright Licences Company for the
ing again . The chairman of the sub -committee
collection of gramophone fees .
The secretary first
was granted powers to act during the vacation , and
referred to the article that appeared in last month ' s
it was decided to re -assemble on the third Friday
issue of The Author, and suggested that an article
should be printed in the present number dealing
in October .
Letters received from the French , German , and
with the agreement now before the Composers ' Sub
American Dramatic Societies on the subject of cinema .
Committee .
After considerable discussion , it was
tograph productions and fees were read . The secre decided to write to the agent of the company in
England and enquire whether it would be possible to
tary was instructed to obtain further information on
the matter if possible , and it was decided to get one of
discuss certain points in the agreement before it
the members of the sub -committee to draft a report
was finally accepted
or rejected . Accordingly , the
which might be circulated to the societies of other
Committee went through the agreement , clause by
countries .
clause , and the secretary was instructed to draft a
embodying
A letter received
from the Travelling
Theatre
letter
the suggestions of the sub
Managers ' Association was read and the secretary
committee on the agreement .
was instructed to reply , asking them what financial
It was decided to hold the next meeting of the
terms they proposed to offer on performances , and
sub - committee on July 13 — the last meeting before
whether they would undertake the responsibility
the vacation .

's

of

the unsettled claims have been against
Three
one paper and the secretary has received note
two more claims against the same paper
money that have pressed
Under the claims
during the last month one point
importance
point
importance
all
has arisen
Three editors have claimed exemption
authors

of

.

to

of

a

is

.

.

It

SUB COMMITTEE

-

'

COMPOSERS

.

,

of

,

to

.

was read

.

,

.

,

a

to

communication
addressed
that
the sub committee from the last meeting

-

firm

by

in

answer

later meeting
Samuel French
Messrs

.

A

consideration by them
letter received from

in

-

at ,

decided

for

responded

a

had

It was

, six

to the sub - committee ' s
that these replies should
be tabulated and copies forwarded to the members
of the sub committee
confidence
and for

members
request .

The number of cases which passed through the
hands of the secretary during the last month is con
siderably above the average . None of them is of
very great importance , most of them being small
claims for unpaid contributions and for the return
of MSS .
Of the former twelve claims have been
taken in hand ; two of these have been terminated
satisfactorily , four are in course of negotiation , and
in the remaining
cases the secretary
letters are
far unanswered but three
them have only
recently come into the office

, of

sideration of the sub - committee , with a view to
enable them
to settle a schedule
of fees . The
answers to these enquiries were laid before the sub freely and courteously
committee , showing how

Cases .

so

and expense of collection .
At the May meeting of the sub -committee , the
secretary
enquire of
had been
instructed
to
certain dramatists , members
of the society
for
particulars of their fees for the confidential
con -

.

is

is

,

.

an

for

is

It

.

is

.

as

.

a

in

of

is

's

,

is

to

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do

to

if

be

on

in

he be

so an
.

to

of

it

is

.

.

-

,

in

's

,

an

to

of

an

.

.

sometimes waive their right
claim
the con
published
venience
the editor until the work
equally true that they could bring
but
they desired
action for the amount due
Even
editor
his contract stipulates that
publication
paid for
the work shall
this does
legally entitled
delay
not mean that
would
the publication indefinitely
Editors should carry

if

-

,
-

-

a

.

of

,

to

which had been recommended
them
the sub
publisher for non fulfilment
committee against
contract
The secretary also reported that
Management
the Committee
had decided
print
article
The
Author dealing
with
agreement
Messrs Curwen
which
had
been
settled between the Copyright
Sub Committee and
Messrs Curwen and been finally approved
This

payment until the work accepted
published
one
these cases the work has been
the
year
editor
hands for over
Of course this
position
untenable
As soon
MS
accepted the money
due
true that authors
from

In

-

a

of

by up

,

.

of

,

's

on

'

of

at

MEETING

held
15

A

the Composers Sub Committee
Saturday
the Society
offices
After the minutes
the previous meet
ing had been signed the secretary reported that the
Management
Committee
had taken
case

was
June

�THE AUTHOR .

.

55

Temple .

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PAINTINGS
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attaining
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the books mentioned are not sent
that many
by the members
consequence
necessary
rely
largely upon lists
literary and
books which appear
hoped however
that members will
other papers
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this list and by sending
the compiling
particulars
substantially
their works help
make
accurate

WHILE

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to

,

another case
accountant has been appointed
check the accounts and
another matter dealing
with the return
MS the author has
wait
owing
the absence
the editor
whose
possession the MS
possible that some
the claims for money
that have come
this month will have
be placed
Of these cases there can
the solicitors hands
report until the October issue
the maga
August
zine
not published during the months
and September

It

Quirote Shades
Spens Archibald

an

of

,

,

as

,

.

abroad
Of the disputes left open from last month one
referring
claim
for money from
the United
be
four cases have had
has been settled
States
put into the hands
the solicitors two dealing
with the rendering
accounts one with
lost MS
copyright
and one with the infringement

be in

Hills , New
York , U . S. A .
12 ,
Arundel Place ,
Haymarket , S. W .
8 , King ' s Bench Walk ,
Bedford

( H . B. Somerville )
Nightingale
Shore
Rimmer Oswald

.

for

in

,

in

,

to

.

may take
and
little time
com
both the author and the translator live

open

.

McComas , Miss I.

,
.

-

,

.

to

is

still

plete

.

Stanley

William
Macbean
.
Liddle , Samuel

L

for

In one claim
accounts and money the pub
lisher has rendered the accounts and the amount
has been agreed
but the cheque has not yet come
hand
Of three claims
accounts two have been
closed and
the third although another question
which has arisen
the dispute has been dealt with
the accounts are not yet
hand
The matter may
the solicitors
be transferred
have
involving the closing
Another matter
and
agreement has been
cancellation
carried
through
dispute about translation
rights
The last case

Knight,

,

these

.

,

Of

settled , the other
negotiation .

Jenkins , Herbert

(

MSS .

.

,

claims for the return of
four have been satisfactorily
three still being in the course of

There have been seven

Hughes , Rupert

,

their duties in a more businesslike manner
and save themselves
and the authors
endless
trouble and worry . It is needless to say , however ,
that this excuse for delay in payment does not
arise in the case of first- class journals , though there
are even exceptions to this rule .

,

through

(

260

�THE AUTHOR .
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MUSIC .

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the Museum
Mr
Peddie has now been revised and enlarged for
jeened
Mosors Crofton
and will
noblimation
publication and
will
issued
Messrs Grafton
Great Russell Street London
before
popular book form
the end
the month

during

of

.

one

view
the
Duand Ruel Galleries
Paris
The lecture
How
use the British Museum
Reading Room
several occasions
delivered

69
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subject
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240
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Calendar
Mrs
Havelock
Ellis was published
last month
Mosors Koron
Paul
Messrs Kegan Paul
Mr Wynford Dewhurst has received intimation
from
the Ministry
Fine Arts Paris
the

Co
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494
THE RETURN
The Wessex Edition
the Works
Hardy
each
54
Macmillan
Thomas
THE WAY OF INITIATION
OR HOW
ATTAIN KNOW
LEDGE
THE HIGHER WORLDS
With
foreword
the
ANNIE BESANT and some biographical notes
RUDOLF STEINER PH
author by EDOUARD SCHURÉ
Vienna
Third Edition
237
Theos
Publ Soc
6d
by

pages
fifteen
have thus been
the commentary and about the same
number
the Greek index
The introduction has
also been revised and supplemented
ends with
enlarged bibliography
showing that since the
publication
the previous edition the number

of

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68
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REPRINTS
JUDE THE OBSCURE
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485

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pp
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41
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6d
TRIPOLI AND
YOUNG
ITALY
CHAPWORTH
Collaboration with Miss HELEN ZIMMERN
53
347
Swift
By
CONSTRUCTION
THE GREAT STATE ESSAYS
WELLS FRANCES EVELYN WARWICK
CHIOZZA
Harper
MONEY AND OTHERS
379 pp

THE

.

CO have published
second edition
Aristotle
Constitu
tion
Athens
Sir John Edwin Sandys
The text critical notes testimonia
Litt
and commentary have been carefully revised need
less repetitions removed and supplementary
notes

an

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POLITICAL
94

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58
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pp

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64

JOHN
Jackson

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Poem
338 pp
Macmillan
Co
THE
BYE
WIDOW
THE

MASEFIELD

AND MUSICAL

DRAMATIC
NOTES

ESSRS MACMILLAN

M

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x

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PICKERING

JAMES

by

PHILISTIA

38
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BY

Elkin Mathews
THE CAP
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By

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OF

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POETRY
THE SEA
THE LURE
102 pp
Heinemann
VERSES
THE WAY
Fifield

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5

X

RODOLF
STEINER
Theos Publ Soc

194 pp

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6dD
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Vienna

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KNOWLEDGE
78

Ph

By .

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PHILOSOPHY
GATES

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By LIEUT COL
Raphael Tuck

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LITERARY

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Being the Sūz
BURNING
AND MELTING
Gudāz
Muhammad
Rizā Nau
Khabūshān
Translated into
English
MIRZA
DAWUD
Persia and ANANDA
Ceylon
COOMA RASWAMY
The Story
Hindu
Reign
Sati
the
Akbar
With three collotype
reproductions
from an MS
the British
Museum
51 Scarlet silk
Luzac

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DAVIS

Impres
Diary
THROUGH GREECE AND DALMATIA
By MRS RUSSELL
sions Recorded by Pen and Picture
BARRINGTON
54
263 pp
Black
60
OUTFIT
AND
EQUIPMENT
FOR
THE
TRAVELLER
EXPLORER AND
SPORTSMAN
Edited
REYNOLDS
BALL
Contributions from Sir Harry
Ralph
Douglas
Johnston
Sladen
Wirt Gerrare
Reynolds Ball Guides
Chancery
Durand and others
Lane

60
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TOPOGRAPHY

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Paper covers

Co

THE ROYAL

WILD FLOWERS
THE HEDGEROW
WILD
pp
FLOWERS
THE Woon
WILD FLOWERS
By
THEIR HOMES
WESTELL
Illustrated
NEWALL
Werner Laurie
By
HISTORY
BRITISH MAMMALS
BARRETT HAMILTON
Part XI
June 1912
Gurney
217 264
Jackson
—

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mans

NATURAL HISTORY

A

OF

HIS NAME By SIR ROBERT ANDERSON
57
Nisbet
MIRACLE AND HISTORY
STUDY
THE VIRGIN BIRTH
By the Rev John HUNTLEY
AND THE RESURRECTION
SKRINE
Vicar
Peter
the East Oxford
Bampton Lecturer
1911 8vo
48 pp
Messrs Long
THE HONOUR

.

."

By

,

THEODORE HOLLAND
John Church
VALSE
ASPHODEL
THEODORE HOLLAND
John
Church Co
MIGNONETTE
Dance Intermezzo
for Pianoforte
By THEODORE HOLLAND
Orchestra
John Church Co
THE WESTMINSTER HYMNAL
The Music Edited
TERRY
410
Washbourne
6

THEOLOGY

16.
i. Prelude ,
By
Tarantella

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FIRST SUITE FOR PIANOFORTE , OP .
D Flat ; ii. Berceuse ;
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98

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Richard
before Jerusalem
Wiliam Chase Greene
American Rhodes scholar
Another result
Mr and Mrs Holbach visit
Palestine will
the publication
little later
Messrs Kegan Paul
book
Bible
joint
Ways
Bible
Land
which
their

by

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to

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the title
new book
Maude
Holbach
the author
Dalmatia
the Land where
just published
East meets West
Messrs
Stanley Paul
Mrs Holbach visited Palestine last
year with her husband
scudy the scenes
the
Third Crusade and the volume
illustrated with
photographs
Mr Holbach and has photo
gravure frontispiece from the portrait
Richard
South Kensington
The publication
of this book
coincides with the winning
the Newdigate Prize
by ,

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Theodore Bent and Mrs Hobson the wife
the Rev
Chancellor Hobson
have devised
maps for Bible teaching which are being
series
published
Messrs Keith Johnson
Instead
all the names and boundaries mentioned being
one map
the confusion
the scholars
different map
used for each period and the maps
bought
can
each separately
wanted
They are
inches
fact they are
wonderfully cheap and distinctly printed and will
prove invaluable
schools
the Footsteps
Richard Cæur
Lion

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poems
Miss
Everest
book
The Dreaming
Antinous
has been graciously accepted
Her
Majesty the Queen
satyric play
Mr Arthur Dillon has aaded
bringing
his trilogy which Mr Elkin Mathews
complete
out
thus expanding
his book
tetralogy and attempting the full dramatic form
the ancients
Mr Rene Francis has just published
The
Anthony
Temptation
Egyptian
and
Aesthetics
the first through Duckworth
Co
through
and the second
Martin Secker
The
Temptation
translation
Flaubert well
known work
but Mr Francis has chosen the
1849 1856
version
which was never published
even
the original until 1908
This version has
special interest for Flaubertists
that
marks
what we may almost call the pre Flaubert period
most striking contrast
the 1874 edition
The
precedel
preface
volume
from
the pen
Sir Gaston Maspero
also by
introduction
Monsieur Louis Bertrand who edited the original
very
has notes
the translator
and
full
appendices
the authorities consulted
Flaubert
the prepararion
book
The Egyptian
study
book
Egypt
the result
several years

the book will
Life Many Colours
little book
with illustrations compiled
Miss Agnes Baden Powell entitled
How Girls can
help Build
the Empire
concise course
character training for girls
all classes
now
ready and can
obtained from the Secretary
Girls Guides Headquarters
116
Victoria
Street

title

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&amp;

announced
Messrs
Luzac
Co
This book
has been prepared because
the earlier English
print can now
translation
out
revised
hoped
the help
the Haidarabad
Codex
imprint
follow
the Turki text and thus
facilitate the study
Turki
one
classics
planned
include
introduction
notes
index and maps
Messrs Lynwood
Paternoster Row
have published
The Searchlight
the Throne
sequel
by
The
Peeress
The tale
by the same author
Shadow
the Purple
published
the same firm and now
fourth

of

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translation
Leyden
and
Beveridge

Roses
was this month issued
Stockholm
Mr George first book
Engines
Social Progress
has been sold
the
Japanese Government
translated and made
text book
their local authorities
Wright author
Mr
the Good
publishing through
Times
Messrs Headley
Bros
collection
articles that have appeared
from time
time
well known journals
The
Bed

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1826

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play

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dramatised

Mr Somerset
the same name
not
his work but
founded
Bourgeois Gentilhomme
point out that

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Arnold

Maugham

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sympathetically
portrayed
Mr Edward Booth has just completed
new
publish
novel which Mr Arnold
The scene
principally laid
popular seaside resort called
Spaforth
Captain Harry Graham
author
The Perfect
lately published
Gentleman
Mr Edward

ancient monuments and modern scenes
from
the aesthetic and picturesque side rather than the
point
archaeologist
guide book
view
The
object
bring out the
the author has been
Egyptian
relation
other ancient and modern
living record
general sense and
art
make
what
has seen rather than
mere catalogue
really
dates and sites
series
impressions
interesting
vivid
much that
singularly
interesting
both
and
new
country
George
translation into Swedish
Mr

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by

Mrs . Stanley Wrench 's new novel “ Pillars of
Smoke was published last month
Messrs John
Long
story
woman
love and sacri
fice and
the homely folk
the Midlands are

263

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There are
few touches
tenderness
relieve the cruelty
but only just enough
such
touches
make one wish for more
The lectures which
Jules Lemaître has been
giving this season
Chateaubriand
are now
published
volume form
The lectures were witty
and brilliant but the irony with which the subject
regrettable
too frequent
the note
treated
is

by

.

be

to

,

of

character and dialogue
There does not
superfluous word
the whole book
Each one carries just
each gesture tells
clever but cruel novel one that will remain
the memory thanks
the vividness
each picture

incident
appear

to

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Methuen this autumn
James Baker
has been invited
Prague
the Lord Mayor
the guest
the
for the celebrations connected with
Golden City
July
the unveiling
the statue
the
great Bohemian historian
Francis Palacky
writer
whose work the Eoglish
author has utilised
his
historical works and fiction dealing with Bohemia
and her people
The celebrations last for four days
great demonstration
and are linked with
the
National
Sokol
movement
atbletic
and
gymnastic
organisation
that will have
000
once
the remarkable evolu
members drilling
tions and bodily exercises the Sokol has originated

Mr

the title
the latest
novel
Anatole France
The epoch
that
the Revolution
and the theme more
less the fickleness
woman
We have whole
pictures
series
those days
terror and madness
and the author has chosen his types admirably
The
story has all the delicate irony
which Anatole
France has accustomed
his
books
Each
personage stands out
relief
and each one
typical
beings
whole theory
human
very little that
fashioned
the times
There
can
called ennobling
the volume
intensely
story that
the earth earthy but
regards
clever
Selection
carried
fine art

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to

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Edward Hankey
novel by Alfred
be published

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Windfrint

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love story
the
present day related
subsidiary way
some
the feminist stir and stress
the period
Most
the action takes place
London though there are
few country episodes
being the story
The Royal Road
the Life

Death
London

NOTES

ES Dieux ont Soif

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sionaries prospectors etc
Mr Reynolds Ball has
operation
had
this work the
Johnston
Mr
Selous Mr Harry
Windt
Wirt Gerrare and Cit Payton
Sarcelle
who
have contributed chapters embodying experiences
parts
published
the globe
The volume
Chancery Lane
from

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generally
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from
lady
the
oblige his parents than
whom
more
for any other reason he has become engaged
The cast includes Mr
Holman Clark Miss
Fay Davis and Miss
Renée Kelly
to

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Outfit and Equipment
the Traveller
Explorer and Sportsman
volume edited by
Reynolds Ball
primarily for
intended

this

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Partridge
tale

Three

a

Comrades
Messrs
Cornish boys

by

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for

The

the
the present
cast
are Mr Weedon
Grossmith
Mr Godfrey
Tearle Mr Dion Boucicault
Miss Pauline Chase
and Miss Marie Löhr
Ann
Lechmere Worrall was produced
the Criterion
June
Ann
transatlantic
lady journalist and the main
interest
the play
original production

is

The
pianoforte

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some twenty

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farcical romance
revived
June
1912
years ago since the date
on

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Mr.

Parkes has dramatised an episode
in his North Staffordsbire
novel of seventy years
ago , “ Potiphar ’s Wife .”
The play is in one act, and
bears the same title as the story . Mr. Wilfrid
Eaton , who knows the North Staffordshire dialect ,
customs and scenery well , intends to produce the
play in London shortly .

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The Swelling
Jordan
Coralie Stanton
and Heath Hosken
announced for early publica
story
tion
the same publishers
which
greed
supposed murder
and love play important
parts
Messrs Novello
Co have issued
new and

.

DRAMATIC

,

&amp;

published last month
Messrs Stanley Paul
Charles McEvoy
first novel
Brass Faces
Wladimia Cerricoff
the Russian pianist intro
pianoforte
duced Mr Theodore Holland
suite
his recital
the Æolian Hall
June

Mr

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264

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the

say

However
not with the English work
America that we are here concerned
but with the
native product
the United States
cannot
falling off
said that there has been any noticeable
though
far
books issued
the numbers
statistics not yet being available we have
wait
until the end
the year before we know whether
they
the figures have actually been maintained
quality
appear
have been
With regard
judge only by publishers advertisements
we had
might imagine that 1912 had already justified
celebrity
literary annals
claim
But
puff pre
then who pays much attention
the
liminary
guide
and the
front page
Probably
year
literature
will
realised

,

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One

this
spring
good
There never was such
dearth
books
the English inarket
the present
many
publishers
time and never
American
absolutely hungry for good stuff
this year
Every leading American publishing house either
has
has had its representative
London looking
for saleable books and most
them are simply
having trouble for their pains
pretty
This
strong
must
confessed
But here
the
testimony
representative
another
house
English publishers
absolutely
The spring list
poverty stricken
lacking
any books
any
Usually the spring lists contain
consequence
importance historically
biographically
books
but these are entirely missing this year
What have English publishers and still more
English authors
say
this

,

.

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to

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,
at

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no

in

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on

a

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works that they discovered the want
big firm
representatives went
far

in

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is

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an

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of

the Shrew
French
the Saint Cloud Park
once
week
The scenery has been designed
Simas
the Opéra and
ideal spot has been
discovered with the trees meeting overhead and

what
my last

United States Notes about the suggested
for 1912
Fewer and Better Books
that the American publishers have been com
plaining bitterly
good books
the lack
the
Apparently
early part
this year
least
how
English than
American
rather
ever

motto

its we

-

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as

,

.”

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in

is

,

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of

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as

of

readers
At the Porte Saint Martin
La Flambée
still
the bill and
Athenée
also still giving
Cœur dispose
has now had
150th
representation
giving
The Shakespeare Theatre
The Taming

The

rather curious
find
view
the opening paragraphs

to

is

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is

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in

the world
Her first book was entitled
Ren
contres
her second
Chez Eux
and the present
composed
one
series
short studies some
which have appeared
such publications
the
Revue des Deux Mondes
the
Journal des
Debats
and
Echo
Paris
The story
entitled
Un grand amour
the most dramatic
those contained
Pour une autre
Une Philosophie nouvelle
Henri Bergson
by Edouard
Roy
another book which serves
Bergson
introduction
own works
Coignet wrote one
Some ten years ago Madame
Bergson
the best introductions
works
Among translations
Maxwell
The
Guarded Flame has
last appeared
French
and will
doubt have more success
France
than most English
novels
the psychology
French
the volume will appeal
contained

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Marianne Damad
the
third volume
this writer
Jules Lemaître writes
the preface
the present one
these studies the
author endeavours
show the effects produced by
totally different rank
the meeting
individuals

forming

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UNITED STATES NOTES

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ALYS HALLARD .

Les Dieux ont Soif ” (Calmann Lévy ) .
Chateaubriand " (Calmann Lévy ) .
Le Marquis Réné de Girardin " (Perrin ).
Chateaubriand , Ambassadeur à Londres ” (Perrin ).
Paris pous Louis XV ." (Mercure de France ).
La Vie tragique de Geneviève ” (Calmann Lévy ).
Pour une autre ” (Bernard Grasset ) .
Une Philosophie nouvelle , Henri Bergson " (Alcan ) .
The Guarded Flame " (Plon ) .

in

Chateaubriand , Ambassadeur à Londres ,” is an
account written by the Comte d 'Antioche , from
papers that bave never before been published .
* in Paris sous Louis XV., ” by Camille Piton , is the
fourth volume on this subject by an author who is
one of the best informed . In this volume we have
reports of the police inspectors annotated by Camille
Piton .
tragique
story
“ La
Geneviève
episode taken from
resembles
life like that
imaginary story
life rather than
written
vers
the author
Louise Compain
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in

Hallays .

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also to be given
rehearsed .

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de J . J . Rousseau ) ( 1735 — 1808 ), is

dernier
a book
written from hitherto unpublished documents by
André Martin Decaen , ,with a preface by André
“

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the London
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easily the foremost woman
America
discusses
bravely the white slave question with particular
Chicago the city
reference
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the last book
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America
The Tariff
Our Times
which Miss Ida
Tarbell brought out originally
the American
Magazine
course
fiscal
The American
Transportation
Question
Dunn editor
importance
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Counsel
the Defense
and
The Mountain
Girl mentioned above
The latest lists
best
place
sellers show the pride
fiction falling
Gene Stratton Porter
The Harvester
Meredith
Nicholson
Hoosier
Chronicle
Emerson
Wright
Hough
Jolin Rawn
and
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Winning
Barbara Worth
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Professor
Brander
Vistas
New
York
and Edna
Ferber
Buttered Side Down
Dorothy Canfield
The Squirrel Cage
way
becoming
best seller
distinction
the way which has already been attained

England
the book
well known
now
well
the other side
the Atlantic
Under history we find
The Contest for Cali
Elijah
Kennedy
fornia
1861
and
American
Colonial Government 1696
1765
Oliver Morton Dickerson
Politics and social
life
the United States are dealt with
The
Weyl
New Democracy
Social
History
Forces
American
Simons
Changing America
Professor
Ross
author
The Changing
Chinese
The
Initiative Referendum
and Recall
edited
Professor
Munro with chapters
Colonel
Roosevelt and others
and
The Coming

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and
The Promised Land
Russian Jewess who tells how she discovered
many other young emigrants
America like
Harper
Joseph
Henry
The House
Harper explains itself
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and besides

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Matthew

Work
real Mark

Professor
New York
State Board
Charities
Then there are
The
Reminiscences
James Burrill Angell
late
Michigan University
President
Out
the Rut
Business Life Story
John Adams Thayer

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Maine
Curwood
Flower
the
Bay
Chapin
North
Hudson
Anna
irginia
The Under Trail
and Mary
Bangs
High Bradford
ape Cod fifty years
ago
Gertrude Atherton has brought out
Julia
Mary
France and her Times
Wilkins Free
man
The Butterfly House
about which some
the critics freely express their disappointment
and Reginald Wright Kauffman
The Sentence
Silence
which displays more humour and less
grim tragedy than he has hitherto given
Two

Marcus Alonzo Hanna His Life and
attempt
draw
the
Herbert Croly
Philanthropic
Hanna
and
The
Josephine
Shaw
Lowell
edited
Rhinelander Stewart President
the

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and
Vaughan Kester
The
Just and the Unjust
Maria
Davies
The
Melting
Molly
Avery Abbott
Captain
Martha Mary
Corra Harris
The Recording
Angel
Kate Langley Bosher
The Man
Lonely Land
Vance
The Bandbox
Shedd
the Isle
Strife
Will Leving
ton Comfort
Fate Knocks
the Door
Owen
Johnson
Stover
Yale
Maclean
The Mainspring
Samuel
Merwin
The
Citadel
Castle
The Green Vase
Charles Egbert
Cradock
The
Raid
the
Guerilla
John Reed Scott
The Last Try
strong
grouped together
The following may
local colour
Frederick
Palmer
Over the
Lonely Land
Pass
Arizona
Bower
Payne Erskine
Montana
The Mountain Girl
Capt
North Carolina
Alice
Lee
Joe
Isham

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the late

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his Money

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to

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all the works
worthy
Nor shall
last wrote
notice since
any order
try
arrange the names
merit
popularity
said
Of all the following may
that they both attracted attention and according
publishers
Ellis
sold
well
John
their
Lefroy Scott
Fran
Counsel
for
the
the

disclaim

Nor is H . S . Harrison ' s “ Queed " far behind .
The two last - named hare indeed had a long innings .
It is usually easy to say what is fiction and what
is not.
But it is by no means easy to classify
accurately
proper sub
“ non - fiction " under
Biography even
heads
taken
include auto
biography and reminiscences
not over well
represented among recent American publications
Professor Josiah
Mention must however be made
Royce
William
James
which
the first and
principal item
series
addresses delivered
book form
the past and now collected
year.

in

as

of

be

!

of

rather than epoch -making . Which is not the same
as denying that — to use the ugly commercial phrase
— some quite good stuff was put on the market in
the period under notice . Otherwise I should feel
considerable diffidence in proceeding to mention
any authors below
the names
put
The serried ranks
the novelists may

.

A

266

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behalf
the plaintiff
published
the articles
separately
because
the later issues
the
paper contained other matter than that which
appeared with the articles when they were originally
published
1901
On the other hand
was submitted
behalf
the defendants that
the articles were republished
was

that the defendants
”

of ,

;

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a

publish
consent
but the author has the right
ing them
separate form
after the expiration
ight years from the date
twenty
their first
publication
the newspaper

in

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Robert

copyright was
limited
character
expressly provided by that section that the news
paper proprietor
under the circumstances
the
any time entitled
publish the
case
not
separately
singly
articles
without the author
;

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in

South

LTD

by which he was
agreement made
1898
employed
weekly article on chess
contribute
billiards and draughts
The contract came
end
1906
and when the defendants acquired
republish
proceeded
the paper
1910 they
some the articles which had been contributed
agreement
the plaintiff under
was admitted that the defendants were the
owners
the copyright but under the peculiar
provisions
the Copyright Act 1842 their

is

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Brigadier General Farley
who died
Carolina
the age
wrote
book
Point
the Early Sixties among others

plaintiff

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is

,

.

by

regular con
travel sketches and
tributor
the New York Sun
Next month saw
the death
the age
Clara
Barton
founder
the American Red Cross Association and
author
several works
the movement
The
Titanic wreck involved the loss
Francis Davis
painter and war correspondent for both
Millet
American and English journals
Ward Stanton
journalist and
likewise both
artist and
Jacques Futrelle whose success with the detective
novel gained
him the name
the American
Doyle
Conan
Futrelle
wife whose first novel
Secretary
appeared
Frivolous Affairs
escaped
1911 happily
from
the sinking ship

NEWSPAPERS

this action Mr Lionel Whit
field
sued
the proprietors
the Weekly
republishing
imes and Echo for damages
without
consent certain articles which
had
contributed
the paper
1901
The articles were written
the plaintiff under

,

-

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a

in

of

or

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(“

Mickey Finn
English
birth but
life and training
writer
short

PROGRESSIVE

THE

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Jarrold

WHITFIELD

It

of

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of

to

tion
But
Hard Labour and Other Poems
there
certain rareness
flavour which merits
notice
The author
was
convict
the
Minnesota
State Prison
The obituary unhappily swelled
the awful
disaster
the Titanic
rather large for the short
period
under notice
March
died
Ernest
American
stories and

.

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.

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England
paid
contemporary
American
verse
and perhaps
nothing very recent has called for particular atten

NEWSPAPER ARTICLE

COPYRIGHT

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Probably not much attention

writer and cartoonist
well
breeder
Arabian
pneumonia
York and
New
horses succumbed
Julia Harris May poetess
died
the age
the Maine
whose woods she sang
Another
the
Maine author Dr Willis Judson Beecher
Auburn Theological Seminary died about the same
time only five years younger
PHILIP WALSH
in

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A

Wonders
the Colorado Desert
James
Wright
the realm
the arts Professor
Trinity College
Harvard and also formerly
History
French
the author
Oxford
Literature
Edward Bliss Reed Assistant Professor
English
responsible for
Yale
work
English Lyrical Poetry
the Laws
Painting
Japanese
book by
the title
Japan
Bowie who has long resided
practical side
literature provides the material
History and Law
Copyright
the
from
for
Rogers
the
pen
editor
Bowker
Richard
American Publishers Weekly and Vice President
the American Authors Copyright League which
the first work
its kind dealing especially with
aspect
the American
the question
for over
thirty years

poet , is best
Rogers , the Californian
Cameron
known as the author of “ The Rosary ," a lyric
original
which , though known everywhere in
through translation never profited him
form
penny
the month
the death
At the end
the Rev Dr
the Far East
occurred
missionary
Japan and
Knox for fifteen years
religion
Japan
writer
numerous books
At the
combined
the two subjects
and
May Homer Davenport animal story
beginning

,

,

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“

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at

",

“

's

a

of

of

.

on

in

of

mankind and
the natural history
biological grounds
preaches peace
Among books
travel and description there
more than transient interest
number
have been
Tripoli the
Apart from Mabel Lomis Todd
Mysterious they are mainly concerned with things
by
Noteworthy are
The Yosemite
home
John Muir
Travel and Camp
the Rockies
by Dillon Wallace
the Rockies
The Spell
Enos
Mills
Three Wonderlands
the
Murphy
American West
The Pipe
by Bert Leston Taylor
The
and
smoke Carry
chapter

267

which

�THE AUTHOR .
Act with respect to the deposit of copies and
registration of such work shall have been complied

it

;

.

.”

.

in

and were served
someone
the office
about midnight the same day
Very early
the morning
March
the publica
complainant
copyrighted narrative and
tion
paraphrase thereof appeared
defendant
their
respective newspapers
The two copies
the copy
righted work were filed
the office
the Register
Copyright Washington
March
after the opening
that office
that day
On these facts the question arises Was com

the defendant

of

in

's

,

9

,

.

on

on

.
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.,

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of

CASE

LAW

,

UNITED STATES

or of

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all

to

8

March

of

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HAROLD HARDY

.

9

it

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v

in

JUDGE LACOMBE 'S OPINION

:

This proceeding grew out of a transaction referred
to in the decision on motion for preliminary injunc
tion .
The order to show cause included a restrain
ing order or temporary injunction , and it is charged
that defendant published an account of Amundsen ' s
journey to the South Pole , which was a colourable
copy of
copyrighted narrative
Many points have been argued but
will not be
necessary
discuss them
The bill was verified March
stated that
complainant
about
file two complete copies
the best edition when published
The order
show
cause and restraining
order were signed
on

in

,

is

,

is

is
"

”

in
a
”

Copyright Act

of Judge Lacombe, in fall , reads

The opinion

.

“

40s

its

and

to

injunction

an

in

plaintiff

It is clear that the words “ separately ” and
to
“ singly " are not synonymous , and according
the cases an article or story may be " published
separately , " although it is in a volume with other
articles or stories .
In the case of Johnson v.
Newnes , Mr. Justice Romer said :
“ If you find in a volume separate parts , each
distinguished or perfectly distinguishable
from the
published each part
other parts and the volume
separate
that
and clearly distinguished
the
separately published
volume
Similarly
Smith
Johnson
1863
where
certain tales entitled
The Chronicles
Stanfield
Hall were contributed
the London Journal
was held that the subsequent publication
the
weekly supplement was
publi
separate
tales
cation
within the meaning
the

,

with .”

of

came to the conclusion
publication , " and

a “ separate

been

to of

granted the
damages .

Hamilton

" separately

not

were

of

Mr. Justice
that there had

they

is

they first appeared ,
published . "

,

•

8

268

,

,

,

4

by

by

by

of

of

.

by

,

:

12

.

in

.

by

of

its

it

;

a

.

",

is

,
or

,

of

to

, in be as

of

,

of

9

in

.

in

of

,

of

.

be

or

complied

with

to

of in

in

of

been

.”

.

of

of - -

or

of

of

.

12

no

of

is

to

a

be

“

,

in

Washington
District
Columbia
two complete
copies
the best edition thereof then published
proceeding shall
No action
maintained
copyright
any work until
for infringement
respect
the provisions
the Act
the deposit
copies and registration
such work shall have

,

),

in

to

to

copyright
distinct from the
an action
enforce the same
The ruling against the validity
the temporary
injunction was made under sect
the copy
right law which provides that
pro
action
ceeding shall
maintained for infringement
copyright
any work until the provisions
this

,

.

in

a

a

a

by

(

that the right
right
maintain

publi
That after copyright has been secured
copyright
cation
the work with the notice
provided
sect
this Act there shall
promptly deposited
the Copyright Office
Copyright
the mail addressed
the Register
of

of

of

,

of

's

of

a

of

either the text
colourable version
story
Roald Amundsen
his discovery
the
South Pole the copyright
which the Times had
purchased for the United States and Canada
The Court recognises that valid copyright can
publishing
copyright
be secured
work with
imprint and was secured by the Times
the
Amundsen narrative
the present case but holds

in

be

of

of

.
I

to

.

:

That any person entitled thereto
this Act
may secure copyright for his work
publication
copyright required
thereof with the notice
this Act
etc
publication
The bill shows that such
had been
complainant
thereby
made before
was verified
copyright
had then secured
copyright and the vindication
Ownership
such ownership
suit are different things
The
provided for
latter
sect
which reads
“

of

8

or

publication

,

on

by

,

an

,

of

,

of

in

,

the Federal District
Court denied the application
the New
York Times Company for the punishment
for contempt
the Star Company publisher
the
injunction
New
York American
for violating
Judge Holt
restraining the
granted
March

.
.
.

LACOMBE

of

UDGE

on as

at

8
?

provides
“

.

is

,

ITSELF NOT AFFECTED

its

-

”

“

IN

an

this

THE
TEMPORARY
LACOMBE
DECIDES
JUDGE
INJUNCTION
THE
TIMES
COPYRIGHT
SUIT WAS GRANTED
PREMATURELY
COPY
RIGHT

plainant entitled
maintain
action such
midnight
when
the order was served
March
The action
based upon the statute
and the answer
this question must
found
provisions
Sect
the Act
March
1909
to

of

the

.)

'

(

the Editor
Weekly

of

with the kind permission
United States Publishers

Printed

�THE AUTHOR

for

of

no

12
.

of

.

of

so

of

to

as is

,

"

At

a

to

.

in

it

of

be

to

its

.

is

,

.

,

is

.

.

or 12
,

to

on

,

as

in

at

,

he

,

to

.

a

,

of

in

an

of

-

in

of

in of an

to

of

an

,
if

in

,

'

T

,

by

to

, ,

,

to

.

12

. ,

of

of

. of

of

by

of

CLAUSE

.

DANGEROUS

A

by

on

to

. ,

for

of

to

in
a

,

T

be

.

,

be
so

a

to

to

of

to

of

in

in

to

,

in of

a

of

.

of

.

of

an

author

a

a

Author

in

though

lines the
only bound for
certain number
books
one
the cases published
The
recently
clause proposed
bind the
for period
seven years
agreement coming from the office
Messrs

is

author

created

.

is

on

it

career and affect his property before
most agreements drafted
these

In

-

.

Articles have appeared
The Author
demon
strating how seriously clauses dealing with rights
future books may hinder the author
his
in

in

by

time
time the Committee have urged
pub
upon authors the danger
granting
lishers
contract
one book the right
publish future books
stated terms
Authors
should not even grant the refusal
the publication
publisher upon terms
future books
subse
quently agreed though this may not
dangerous

ROM

In

be on of

- - be

,

to

or

a

be

an

in

by

is

,

is

—

;

of

the actiou

by

.

be

,

of

-

to is

or

an

a

of

an

institution

or

as

in

or

.”

of

.

to

precede

to

of

to

.

by

in

by

by

It

grant
injunction
prevent
viola
copyright which has been secured
the
aggrieved
granted
this injunction may
equity
equity suit
bill
that
equity suit
such
covered
the phrase
a

on

is in

or

or be

in

,

to

on

,

be

copyright must

be

-

or

be

,

,

in

or
,

this Act may
served
may
the parties against whom
such injunction
granted anywhere
the United
States and shall
operative throughout the United States
proceedings
contempt
enforceable
other
any other Court
judge possessing
juris
wise
diction
the defendants
does not seem that this last quoted section
any way qualified the prohibition
the twelfth
judge
express
given
section
The Court

But

a

of

,

of of

.

.

of

.

36

.

of ,

be

anything forbidden

tion
party
upon

to

of

of

,

,

,

,

35

.

“

an

“

equity filed
any
shall have power upon bill
grant injunction
party aggrieved
prevent and
any rights secured
restrain the violations
said law according
the course and principles
equity
judge
courts
such terms
said court
may deem reasonable
Any injunction that may
granted restraining and enjoining the doing

authority

, .

,

byof or

,

be

of

of

the Philippine Islands
proceed
Sect
That civil actions suits
ings arising under this Act may
instituted
the district
which the defendant
his agent
inhabitant
which he may
found
judge thereof
Sect
That any such court

would
vital
The Court
however expressly held that this
question was not involved that the mere depositing
the books
the mails addressed
the Register
Copyright accompanied presumably
application
for registration and affidavit
manufacture
suffices
compliance with sect
This
constitute
ignores the provision
that section with regard
registration
possibly
the theory that only the
performed
acts required
the owner
the
in

all

31
.

.

“

proceedings
actions suits
under the copyright laws
the United
originally cognizable
States shall
the Circuit
Courts
the United States the District Court
any Territory
the Supreme Court
the District
Columbia
the District Courts
Alaska Hawaii
and Porto Rico and the Courts
first instance
arising

,

,

which

,

36

,

.

,

35

34

to

and

The
imes itself
discussion
the case
registration were
makes the important point that
action
the initiation
essential formality
law that there would result
interim
non
protection between the deposit
copies
the mails
Washington
and the necessary registration
daily newspaper material
interim
that
the case
be

, ,

,

be

of

be an

,

in

or

sects

:

as

Complaint refers
follows
Sect
That

read

to

-

.

,

to in

“

”

;

at

,

in

or

,

of

.

force

construction here followed
the time the person
copyright publishes his work with the
entitled
notice required presumably
has copies
his possession and could
once deposit
the mail
the two copies required addressed
the statute
prescribes
That act
his part would seem
compliance with sect
sufficient
entitle him
proceeding
maintain
his action
But until
he does this
the prohibition
of that section
imperative
Without considering the other questions presented
the application
denied

at an

of

,

at

8
,

Copyright Office
the mail addressed
the
Copyright
Register
that time therefore
proceeding could not
this action
maintained
and the injunction being issued
action whose
no binding
maintenance was prohibited could

copy
or proceeding
the infringement
apparent reason for constru
and there
ing the act
exempt such suits from the
operation
the prohibition
sect
No hard
copyright results from the
ship
the owner

of of

-

A

of

.

of

in

an

,

be

if

to

, or

to

so

as

tion
broad
this goes
the jurisdiction
the
proceedings and
courts
entertain such actions
the prohibition were operative when the injunc
tion was served the latter would
void because
made
action which could not be maintained
and
which the courts could not have jurisdiction
midnight
The papers submitted indicate that
of March
when the injunction was served the
deposited
two copies had not yet been
the

269

“ action

right

to

in

-

it

, ,

it

of as

of

or

,

in

to

of

The subject of statutory copyright being one
wholly within the powers
Congress
had full
power
any way
restrict
chose
the main
taining
proceedings
such actions
the courts
infringement
are concerned with the subject
prohibi
the rights secured by such statute

.

�THE AUTHOR .
by

,

,

an

of

is

in

,

If

.

an

he

as

'

to s

is

,

in

is

is

an

to

be

If

to an

be

he

of ,

by

, .

an

,

is

of

,

be

,

,

of

on

,

.

,

.

D

,

H

. .

.

By .

.

.

,

.

.

G

.

H

.

.

R

.

.

.

of

.

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of

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.

's

.

.

.

.

.

.

.

of

.

.

.

.

of

"

,
M
.P
.

“

Monument

the Stratford

20

TO

.

SCALE FOR ADVERTISEMENTS

.)

MEMBERS OF THE SOCIETY
PER CENT
ALLOWANCE
Front Page
Other Pages
Hall of Page
Page
015
Quarter of
Eighth
Page
Single Column Advertisements
per inch
per cent
per cent. made for Series Sixand
Reduction
welve Insertions.
6

for 0

0

.. .
. .
1
10
00

of
25

of

,

,
29
,

Co
.

All letters respectingAdvertisements should
Paternoster Square London
BELMONT

addressed

to
J.
F
.

,
E be
.C
.

T
'

a

of
20

..
.

** ..
* .

..
.

of a
a&amp;

300

&amp;

-

.

By

to to

,

Workshop

Rickett
By Berric Twede

Compton

John Forster
By
Seccombe

Engraving
Dugdale
The
Geo Greenwood

(

by

an

Ibsen

From

NATIONAL

he be

to

to

of

.

A

,

to

de

to

10

-

The Centenary
Recent History

I

?

if

be

be

or a

By

Wilkie Collins

,

he

a

to

to

. it

a

It

BLACKWOODS

Without Method

BOOKMAN

.”

.

per

.
is

.

.

:

.

L

,

Musings

A

,
If ”

.

cote Statham

.

,
I
“

be

.

,

to

of

, at

, he
if

an

,

NINETEENTH CENTURY AND AFTER
By Dr
the Odes
Horace
Metrical Versions
Tyrrell
Edith Sichel
Beaumont
Pauline
Ry
Heath
the Salon and the Royal Academy
At

to

be

,

on

.

or

,

10

it

if

an

It

ENGLISH REVIEW
Henry Newbolt
English Poetry
New Study
By Walter Sichert
The Royal Academy
Lawrence
Poetry Arthur Symons Ezra Pound
Abercromby

A

.

he
is

of

it

in

I

—

to

.

it

author
has been stated that the binding
becoming
more usual demand
for future work
amongst publishers
has also received the sanc

CONTENTS

of

at

,

,

in

.

10

to
a
“

to

MAGAZINE

of

be

of

to

to

offer thinking he was
the author refused such
higher royalty
bound
would then
entitled
question
he acted fairly
under the clause
any other publisher before whom
laid the matter
per
royalty
bave been offered
state
must
but
will you give me better terms
cent
referred
inform you that any offer you make must
my former publisher
will give
see
back
Surely the answer
better terms
me similar
decline
the second publisher would
from
make any offer and the author would have
accept the
his
cent royalty proposed
original publisher
This would
serious position
only referred
enough
two books but
one
any future
refers
becomes disastrous when
author may write
novel that

by
of all

in

of

to

.

a

of

.

he If a

in

on

up

a

to

if

of

in

he

of

discharging
discrimination
work
most cases would mean that the
The clause
the same
would
bound
author who signed
publisher for the whole
his literary life practically
refuse any offer that that publisher placed
unable
say
will
The publisher has only
before him
your books
per cent
the sales
offer you
this figure
obtain the writer for ever

author

above

.

a to

in

he

,

of

quoted

T

to

as

a

be

willing
No doubt
second publisher might
offer terms for the book
were
the author
position
freedom
but
would not keep the offer
open
he understood that he was being made use
give
competitor
the same trade
order
taking
the book
similar terms
chance
was not told why his terms were sought
receiving unfair treatment
the hands
would
his fellow publisher whose
the author and

of

,

to

a

is

he

bound

.

whom
quoted

success

to

,

at

“

,

to

at

of

?
”

to

to

,

good

the author

a

, .

an

for

in

is

It

in

to
a

without referring the
the original publisher
that
under such
clause

the terms however
matter back again

indifferent

his future contracts
unshackled with regard
only too
treated well
bis publisher
will
glad
leave the publication
future works
that
publisher hands
author
not treated well
by his publisher then
place all his
forced
books with him while convinced that he
unsatisfactory
man
buisness
intolerable
position
the Society must once again
All members
sign any agreement binding them
warned not
selves
for future work and must take special care
sign
not
clause drafted
the lines
the one

.

great difficulty
obtaining release
any rate
almost impossible
author
the present condition
the literary market
go
second publisher and say
What terms will
you give me for my book
and
the same time
explain
that publisher that he cannot accept

have

a .

to

an ."

to

so

is

it

he

, of

to

.

to

is
a

This
most inadvisable arrangement for
author
enter upon
The clause practically binds
the author
offer
the publisher during the
may
term
his literary life every novel that
produce and
worded that the author would

,

.

by

by

to

on

he

to

.
.
."

heof
" “
be.

The Author shall give the publishers the first refusal
him
Should
and any future novels written
able
obtain better terms for these than the terms
suggest
the Publishers
shall offer the book
the
the terms named
Publishers
him
other publishers

The custom , if it is a growing one ,
tion of agents .
the vigour possible
must be opposed with
Authors
members
the Society
those publishers who are
The reasons given
the most just
their attitude towards authors for
desiring
bind authors for future work are not
satisfactory
publisher who has bound
author
pledged
such
clause knowing that the latter
him may and does get careless
the matter
publication
As long
turns over his money
and gets
fair percentage
he becomes quite

to

runs as

clause

's

Co . , Limited , a

&amp;

.

:

to by

George Allen
follows

to

270

�THE AUTHOR
HOW

TO

USE THE SOCIETY .

member has a right to ask for and to receive
pub
advice upon his agreements , his choice of a
lisher , or any dispute arising in the conduct of his
property .
The
of his
or the administration
business
Secretary of the Society is a solicitor ; but if there is any
special reason the Secretary will refer the case to the
Further , the Committee , if they
Solicitors of the Society .
without
deem it desirable , will obtain counsel ' s opinion
any cost to the member . Moreover , where counsel ' s
,
the
Committee
of
opinion is favourable and the sanction
is obtained , action will be taken on behalf of the aggrieved
member , and all costs borne by the Society .
1.

A

VERY

copyright
2. Remember that questions connected with
experi .
and publishers ' agreements do not fall within the
eure of ordinary solicitors . Therefore , do not scruple to use
the Society .
any agreement whatever , send
3. Before signing
the document to the Society for examination .
4. Remember always that in belonging to the Society
you are fighting the battles of other writers , even if you
are reaping no direct benefit to yourself , and that you are
advancing the best interests of your calling in promoting
the independence of the writer , the dramatist , the composer .

6 . The Committee bave arranged for the reception of
in a fire .
members ' agreements and their preservation
proof safe . The agreements will , of course , be regarded as
confidential documents to be read only by the Secretary ,
who will keep the key of the safe. The Society now offers :
( 1) To stamp agreements in readiness for a possible action
upon them .
(3) To enforce
( 2) To keep agreements .
payments due according to agreements . Fuller particu
lars of the Society ' s work can be obtained in the

Prospectus .
6. No contract should be entered into with a literary
agent without the advice of the Secretary of the Society .
Members are strongly advised not to accept without careful
the contracts with publishers submitted to
consideration
them by literary agents , and are recommended to submit
to the Secretary
and explanation
them for interpretation
of the Society .

This
7. Many agents neglect to slamp agreements .
must be done within fourteen days of first execution . The
Secretary will undertake it on behalf of members .

obtained . But the transaction
should be managed by a
competent agent, or with the advice of the Secretary of
the Society .

II

. A Profit - Sharing Agreement ( a bad form of
agreement ) .
In this case the following rules should be attended to :
( 1.) Not to sign any agreement in which the cost of pro .
duction forms a part without the strictest investigation ,
(2.) Not to give the publisher the power of putting the
profits into his own pocket by charging for advertisements
in his own organs , or by charging exchange advertise
ments . Therefore keep control of the advertisements .
(3. ) Not to allow a special charge for " office expenses , "
unless the same allowance is made to the author .
(4. ) Not to give up American , Colonial , or Continental
rights .
(5 .) Not to give up serial or translation rights .
(6. ) Not to bind yourself for future work to any publisher .
As well bind yourself for the future to any one solicitor or
doctor |

III.

WARNINGS

TO

OF

THE PRODUCERS

ERE are

a few standing rules to be observed in an
agreement .
There are four methods of dealing
with literary property

:

1. Selling it Outright .
This is sometimes satisfactory , if a proper price can be

System

.

possible for an author
approximately
to ascertain
the
truth . From time to time very important figures conpected
with royalties are published in The Author ,

IY .

Agreement .

A Commission

The
( 1.)
( 2.
( 3. )

:

main points are
Be careful to obtain a fair cost of production
Keep control of the advertisements .
Keep control of the sale price of the book .

.

General .

All other forms of agreement are combinations of the four
above mentioned .
Such combinations are generally disastrous to the author .
Never sign any agreement without competent advice from
the Secretary of the Society .
Stamp all agreements with the Inland Revenue stamp .
Avoid agreements by letter if possible .
The main points which the Society has always demanded
from the outset are
( 1.) That both sides shall know what an agreement
means .
( 2. ) The inspection of those account books which belong

:

to the author. We are advised that this is a right, in the
nature of a common law right, which cannot be denied or
with held .
(3. ) Always avoid

WARNINGS

£1 18. per

BOOKS .

The Royalty

This is perhaps , with certain limitations , the best form
of agreement . " It is above all things necessary to know
It in
what the proposed rovalty means to both sides

8. Some agents endeavour to prevent authors from
referring matters to the Secretary of the Society ; so
Members can make their own
do some publishers .
deductions and act accordingly .
is
9. The subscription to the Society
annum , or £10 10s. for life membership .

271

.

a transfer

TO

EVER

of copyright .

DRAMATIC

AUTHORS .

sign an agreement without submitting it to the
Secretary of the Society of Authors or some com
petent legal authority .
2. It is well to be extremely careful in negotiating for
the production of a play with any one except an established
manager .
3. There are three forms of dramatic contract for plays
in three or more acts
This
(a . ) Sale outright of the performing right .
An author who enters into
is unsatisfactory .
such a contract should stipulate in the contract
for production of the pi-ce by a certain dare
and for proper publication
of his name on the
play - bills ,

N

:

�272

THE AUTHOR .

( 6.) Sale of performing right or of a licence to
perform
on the basis of percentages on
gross receipts .
Percentages
vary between
5
and 15 per cent .
An author should obtain a
percentage on the sliding scale of gross receipts
in preference to the American system . Should
obtain a sum in advance of percentages .
A fixed
date on or before which the play should be
performed .
(o.) Sale of performing right or of a licence to
perform
on the basis of royalties (1.2., fixed
nightly fees ). This method should be always
except in cases where
avoided
the fees are
likely to be small or difficult to
collect . The
other safeguards set out under heading (6. ) apply
also in this case.

DRAMATIC

authors should seek the advice of the
Society
plays into
before putting
the bands of
agents .
As the law stands at present , an agent
who has once had a play in his hands may acquire
a
perpetual
claim to a percentage
on the author 's fees
from it . As far as the placing of plays is concerned ,
it may be taken as a general rule that there are only
very few agents who
can do anything for an author
that he cannot , under the guidance of the Society , do
equally well or better for himself. The collection
of fees
is also a matter in which in many cases no intermediary
is
required . For certain purposes ,
such as the collection of
fees on amateur performances , and in general the trans
action of frequent petty authorisations
with
different
individuals , and also for the collection of fees in foreign
,
; and
employ
agents
countries almost all dramatic authors
in these ways the services of agents are real and valuable .
But the Society warns authors against agents who profess
to have influence with managers in the placing of plays , or
who propose to act as principals by offering to purchase
the author 's rights .
In any case, in the present state of
the law , an agent should not be employed under any
circumstances without an agreement approved of by the
Society .

5. Authors should remember that performing rights can
be limited , and are usually limited , by town , country , and
time. This is most important .
6. Authors
should not assign performing rights, but
should grant a licence to perform . The legal distinction
is of great importance .

drawn and executed before collaboration is commenced .
10. An author should remember that production
of a play
is highly speculative : that he runs a very great risk of
delay and a breakdown in the fulfilment of his contract .
He should therefore guard himself all the more carefully in
the beginning .
11. An author must remember that the dramatic market
is exceedingly limited , and that for a novice the first object
is to obtain adequate publication ,
As these warnings must necessarily be incomplete , on
account of the wide range of the subject of dramatic con
tracts . those authors desirous of further information
are referred to the Secretary of the Society .

WARNINGS
T

CYCENARIOS , typewritten

SCENARIOS
PLAYS . -

AND

in duplicate on foolscap paper
forwarded to the offices of the Society , together with
a registration
fee of two shillings and sixpence , will
be carefully compared by the Secretary or a qualified assis
tant . One copy will be stamped and returned to the author
and the other filed in the register of the Society . Copies
of the scenario thus filed may be obtained at any time by
the author only at a small charge to cover cost of typing .
Original Plays may also be filed subject to the
same
rules , with the exception that a play will be charged for
at the price of 28. 6d . per act .

TO

MUSICAL COMPOSERS .

ITTLE

can be added to the warnings given for the
assistance of producers
of books and dramatic
authors .
It must , however , be pointed out that , as
a rule , the musical publisher demands from the musical
composer a transfer of fuller rights and less liberal
finan .
cial terms than those obtained for literary and dramatic
property . The musical composer has very
often the two
rights to deal with - performing right
and copyright . He
should be especially careful therefore when entering into
an agreement , and should take into particular consideration
the warnings stated above .

STAMPING

MUSIC .

The Society undertakes to stamp copies of music on
behalf of its members for the fee of 6d . per 100 or part
of 100.
The members ' stamps are kept in the Society ' s
safe . The musical publishers communicate direct with the
Secretary , and the voucher
is then forwarded
to the
members , who are thus saved much unnecessary trouble .

THE READING

BRANCH .

EMBERS will

greatly
assist the Society in this
branch of its work by informing young writers
of its existence .
Their MSS. can be read and
treated as a composition
is treated by a coach .
The term
,
MSS includes not only works of fiction , but poetry
and dramatic works , and when it is possible , under
special arrangement , technical and scientific works . The
Readers are writers of competence and experience . The
fee is one guinea .

M

REGISTRATION
OF
ORIGINAL

AND AGENTS .

RAMATIC

4. Plays in one act are often sold outright, but it is
better to obtain a small nightly fee if possible , and a sum
paid in advance of such fees in any event . It is extremely
important that the amateur rights of one -act plays should
be reserved .

7. Authors should remember that performing rights in a
play are distinct from literary copyright .
A manager
holding the performing right or licence to perform cannot
print the book of the words.
8. Never forget that United States rights may be exceed ingly valuable . They should never be included in English
agreements without the author obtaining
a substantial
consideration .
9. Agreements
for collaboration
should
be carefully

AUTHORS

REMITTANCES .
The Secretary of the Society begs to give notice
that all remittances are acknowledged by return of post,

All

remittances should be crossed Union of London and
Smiths
Bank , Chancery
Lane , or be sent by registered
letter only .

�THE AUTHOR .

we

all

his

,

is

or of

,

of

to

.
of

,

,

be

no

at

it .

of

of

pupils through the same methods
Under the new Copyright Act

of

is

therefore
that writers
technical books
and lecturers
educational subjects should
careful that their rights are not infringed

be

great importance

.

We are

COPYRIGHT

AND

LEGISLATION

relations

Ireland

to

might have ensued par
International copyright

had been

,

which

regard

,

is
a

to

.

difficulties
in

,

longer necessary

the

ticularly

,

are

authors
that
copyright per

if

their plays

Act

-

Copyright

on -

,

of

glad

to

notice that the Home Rule Bill
copyright legislation with the
leaves the question
Imperial Parliament and that Irish self government
legislate
will not include the right
the subject
copyright
very wise one
This limitation
as of

.

RIGHTS

dramatic

,

remind

no

formances

new

of

under the

to

desire

.

IRELAND

.

to

is

,

be

'

be

no

be

,

or

, '

.

DRAMATIC

We

.

is

it

; in

to

is

is

.

produced designed
French and other foreign languages and
quite certain that
distant date the
given
lectures
celebrated professors will also

on

if

a

of

If

. 's

,

is

as

Many records are being

teach
is

,

,

of

,

part

of

by

have mentioned
the position
which
the
cinematograph
taking
the matter
education
and educational problems
but
also true that
going
play no unimportant
the gramophone
it to

no

,

It

of

.

in

is

by

,

,

or

·

THE GRAMOPHONE

We

to

.

, .

so

so

is

It to

to

.

to

on

.

do

to

to

in

of

to

be

,

3

to

of

.

as 6
,
a

-

be

.

,

19

of

,

,

as
a

supplement
We print
this issue
The
Author the Statutory Rules and Orders issued by
the Board
Trade with reference
sect
and
sect
sub sect
the Copyright Act 1911
supplement
We publish these
that members
may
able
retain them separately from the
magazine
case they wish
will
great importance
many
doubt
our
members
have these copies
too early yet
speak with certainty
the point
how these
rules and regulations will work
The most im
portant are those relating
the composer property
and the compulsory reproduction license
this
kept
mechanical reproduction
the hands
few
firms the rules may work efficiently
but
quite
such reproduction becomes cheapened
possible
pianola records and
future inven
tions and gets into the hands
smaller concerns
guarantee that the
even pirates there will
composers royalties will
authors
secured
At
present howerer
all that can
done
wait
and see

.

,

1911

.

ACT

COPYRIGHT

,

there .

There
subsidiary
rights
certain
existent in the
copyright , such as rights of translation , mechanical
rights , which are dealt with in the
reproduction
Act , but for the purpose of the present note ,
impress upon the dramatist
desire
that his
copyright starts immediately
has finished
play and he
consequence
proceed
able
against
anyone making wrongful use
his
per
work either before
after publication
formance
are

,

pieces performed

the work or any substantial part thereof ."

to

force the beginning of August , but it is impossible
at present to say what will be the ultimate result .
If the Bill does pass into law , it will afford a very
important protection to the property of English
copyright holders , as much English work is at
present published in Holland , and many dramatic

he

If

,

It

in

.

IN HOLLAND

is with great pleasure we hear that there is a
Bill before the Dutch Parliament to enable Holland
Tbis is very satis to join the Berlin Convention .
factory , as Holland has been too long outside the
the Bill is
of Continental nations .
Convention
passed
into law we understand it will come into

or

COPYRIGHT

is

The Editor of “ The Author ” begs to
remind Members that there is no issue of
the magazine during the months of August
and September . He has inserted this notice ,
as letters from Members frequently come to
the office asking why the magazine has not
during those months.
been sent to them

in order to secure their rights .
Hitherto , the
dramatist has had , in addition
to his Common
Law rights in his work , two distinct rights under
the Statute , ( a ) copyright , or the sole right of
multiplying copies , and (b ) performing right , or
the sole right of authorising performances . The
former was secured by publication and the latter by
a public performance .
These performances often
proved a source of much trouble and expense to
the dramatist , and , in many cases , of very little
pleasure to his friends who made up the audience .
These three rights (Common Law , copyright, and
right ) are now included in the term
performing
by the Act as the
is defined
“ copyright , ” which
sole right “ to produce or reproduce the work or
any substantial part thereof in any material form
whatsoever , to perform , or in the case of a lecture
to deliver , the work or any substantial part thereof
in public ; if the work is unpublished , to publish

to

GENERAL NOTES .

273

permitted

separate

�THE AUTHOR .
Authors can be of any assistance the Committee
Management will only be too willing to work
harmony with the American society .

congratulate

society

.

all

an

.

,

as
a

in

.

an

a

of

.

in

of of

,

-

,

at

.

in

as

M
.

)
of

(

.

in
a

,

at

de
-

.

a

he

;

,

to

official
and then having turned
his attention
law became
barrister
Thereafter
was
turn
Chief Judge
Chaux
Fonds member
the
Neuenburg Cantonal Court and President
the
Upon the foundation
Criminal Court
some
what summary fashion
the international Bureau
Industrial Property
1884
Droz was
appointed
the first director
and when
the
end
1887 there was adjoined
this institution
new bureau that for the International protection
copyright
the necessity
some more complete
organisation
becoming apparent
Morel was
appointed with the title
Secretary General
to

.

"

“

,

of

,

M

of

,

,

,

in

at

.

,

.

.

,

work under
Druz
Five years later
1892
he was appointed director
His post was
the
outset one
considerable difficulty and demanded
novelty
unusual tact
International offices were
and regarded
some quarters with mistrust and

,

,

a

confrères every
the Society

of

if

.

Vance and his
feel confident that

presented
instance
man who rose
Originally
engraver
humble beginnings
he entered public service first
the Swiss Canton
Neuenburg
railway
Later he was engaged

,

.

Mr

Morel

from

M

to

if

is

,

and

regret that we record the death
is with
at Bex , on May 18 last , of M . Henri Morel ,
Director of the International Bureau for the
Protection of Literary and Artistic Works , a man
who merited the regard of authors of
nations
1

. of

of

of

be

to

,

It
,

.

its

on

We wish
success

TT

,

-

In

.

to to

,

for

,

its

in

of

be

of

markets
both sides
the Atlantic
members
both societies
the organisation for carrying out
efficient and reliable
the business

HENRI MOREL .
deep

of

, -

to

to

of

be

it of

,

a

'

on

of

,

.

be

it

be

is

to

If

. ,

J.
:-

'

O

it

a

is

·

,

J.

of

, of

,

the Society their support
the following are mem
bers
the Society
Authors
Ellen Glasgow
Harvey
Higgins Louis
Vance Langdon
Mitchell and Miss Kale Douglas Wiggin
such
society
impossible
gange the
successful
advantage and assistance that
may
our
society
reports can
Confidential
sent back
wards and forwards
and matters dealing with
property
members
both sides
the water can
strengthening
be discussed with
view
the
position
the owners
that property
may
possible
subject
addition
some
society
carry
financial arrangement
each
through
respective country the work
the
other society for
members
no doubt will
great advantage also
those who have got

OBITUARY .

,

.

to

The American Society does not propose to be a
social body in any way, and we think this action is
very wise ; it is to be a business body , pure and simple ,
and if it is thoroughly well organised as such is
Amongst those who have given
bound
succeed

extended over many years , and whose latest dis
coveries have only this year been placed before the
public ; and Mr. Andrew Balfour, G . C. B ., Director of
Laboratory in the Gordon
Government
Research
Memorial College , Khartoum .

M

.

Professor Waldestein , now Sir Charles Walde
, late Head Professor of Fine Art , Cambridge ,
and for many years connected with the excavations ,
not only in Greece but also in Italy : Mr . Edmund
Gosse , C. B ., the librarian of the House of Lords,
who was one of the original members of the society ,
and has been on the council since its foundation ;
Mr. Marc Auriel Stein , now Sir Marc Auriel Stein .
K . C. I . E ., whose explorations
in Central Asia have

of

States

those members
of the
the King 's birthday

stein

,

arisen

the United

in

received

of

.

a

SOCIETY OF AUTHORS

of

AMERICAN

is with great pleasure we record the fact
that American authors have at last decided to
organise themselves into a society founded on the
model in some ways of our own society , and the
Société des gens de Lettres .
As our society ,
basing itself to some extent on the lines of the
Société des gens de Lettres differs from it in certain
details , no doubt , the American Society will , again ,
differ from the societies whose action it purposes
to follow .
It purposes to include , as our society
endeavours
to include , not only
writers and
composers and, perbaps ,
dramatists , but also
artists as far as they are illustrators of books .
We are glad to think that the moving spirit in
forming the organisation
is Mr. Louis J . Vance ,
the author of “ The Brass Bowl ” and “ The Black
Bag . ”
Mr. Vance was over in England some years
ago and joined the Society of Authors . He was
impressed
with the methods of the society , and has
done a good deal to help the society by rendering
it efficient
information
on questions
that have

have

to

THE

who
honours .

It

of
in

BIRTHDAY HONOURS .

WE must

La

copyright legislation , would have been a source of
much trouble to the owners of copyright property ,
both in Ireland and in other parts of the kingdom .
We wish it had been possible when passing the
Act of 1911 to have made the same reservation
with regard to the Colonies .

in

274

�THE AUTHOR

in

.

in

of

on

be

."

.

to
a

so

in

,

of

's

.

on

to

is

,

,

,

to

,

of

.

it

So

,
or

,

a

, ,

is

no of

.

of

's

in

a

of

of

is

the new Copyright Act which will come
trying
force this month
claim more than
the copyright and performing right namely
portion
This side
fees
the gramophone
the question has also been discussed by the Com
posers Sub Committee who deemed
advisable
the daily
have the following notice published

of a

,

-

,

in it

.

of

'

:

to

of

of

, of
.

In

be

of

7
(
c
)

-

19
,

in ,

of

.

,

,

of

of

.

of

of

or

to

of

to

as

in

,

by

in

to

to

of

of ,

by

of

,
in

of

,

,

in
a

of

be

be

or

.

's

no

he

,

his

of

of

a

a

no

."

of

of
,

,

in

it

to

to
-

, to

of

be

of

of

to

,

is

to

be of

,

as

in

is

it

'

,

of

,

I

of

,

of

-

to

for

.
of

Notwithstanding any assignment made before the
passing
this Act
the copyright
musical work
any rights conferred by this Act
respect
the making
authorising the making
contrivances
means
mechanically
performed shall
which the work may
belong
the author
his legal personal representatives
and not
the assignee and the royalties aforesaid shall
payable
and for the benefit
the author
the work
his legal personal representatives
From this
obvious that the music publisher has
locus standi whatever
the matter and
has
more
right
royalties
decide upon
division
the composer
any other
private property
than upon
division
to to
to
,

,

an

.

,

of

to

.

.
a

is

In

“

Pounds paid
consideration
the sum
hereby agree
assign
the
this day
my rights and interest present future and con
whole

me

full

:
-.

by à

,

of

,

in

its

to

it

by

work

to

,

.

and after full discussion
contract was finally settled which was approved
Management
and printed with
the Committee
May 1910
comments
The Author
Another firm has approached the Society and
equi
willingness
put forward
declared
This contract has been submitted
table agreement
the Copyright Sub Committee and after some
printed below
negotiation
was
the agreement
Management desire
settled
The Committee
give their approval
this document not because
perfect contract between composer and
publisher but because
far
advance
the
may
usual music publishers agreement
seen
reading the following which may
called
the
prevalent method
the disposal
much musical

Society
The Incorporated
Authors and the Society
British Composers desire
direct the attention
all
Kingdom
the composers
the United
their powers
regard
and rights
the mechanical reproduction
their works
defined
the Copyright
Act
1911
which declares that the Composer has the sole right
prohibit the making
any mechanical
authorise
reproduction
his compositions
No matter what assign
ment
mechanical rights the composer may have made
before the passing
the Act the Act annuls such an
assignment
and confers solely upon the composer all
royalties derived from such mechanical
rights
order
make the latter part
this statement quite clear
quoted
the Act should
section
sub section
“

.
in

by

to

.

of

meetings were held

papers

or

of

of

by

to

to

an

a

D

by

Authors was
two years ago the Society
approached
firm
music publishers who
arrange
agreement more equi
desired
composers
than
the
usual
document placed
table
before them
the best music publishers
London
The matter was referred
the Com
Management
mittee
the Copyright Sub
An agreement was put forward many
Committee

or

COME

,

to

,

into

is

doubt

to

AGREEMENTS

.

'

COMPOSERS

be

in

to

.

of

; on

."

to or

“

,

ever

,

.

ever desired

again

to

.

It

it

of

to

to or

;
-

important how
give the reasons for
Manage
the matter that the Committee
danger
long
the
statement
ment included
report which was
this assignment
last year
sept out
all the members
the Society
Under
the agreement printed above which
one
the usual pattern the publisher with
view

.

he is

he

,

from

a

a

. .

his

in

to

to

he

1

on

to

.

the absurdity
comment
standpoint
the composer
The one party assigns all his rights and the other
except the bare
party undertakes no responsibility
royalty
subject
publication
responsibility
The Author that
often repeated
has been
composer should
not assign his rights either
his copyright but should
his performing right
perform and publish
that
only grant
licence
repeat the warning
hardly worth while
hardly necessary

this bargain

of

,

of

to

,

,

it

,

.

It

April

found himself com
last
resign his directorship
His name must
the workers whose toil
be inserted among those
This
mankind
has been long and beneficial
the only praise and the only recompense that

and
pelled

in

It

.

It

to

as

be

."

of

in

to

,

,

,

. ,

an

"

fail
his forces began
his strength for after
visibly
He suffered less however from the
malady that was overpowering him than from
labours
regret that
continue
was unable
harness
die
had been always his ambition
Circumstances forbade his accomplishing his wish

the words and music of my song entitled
" it being understood that I receive a royalty of
per copy on all sold of the same in Great Britain ,
Ireland , and the Colonies ( 13 copies to count as 12), also
per
five
cent
the market price
all copies sold
the
United States 200 copies
both countries
free for
novelty purposes
Any royalties obtained
gramophone
the sale
records
similar
mechanical reproductions
all
equally
countries
divided
between composer and
publisher
tingent

"

is

.

of

in

In

the clearness
his mind
his tact his extensive
knowledge and his personal charm were universally
jest
call himself
appreciated
He was wont
The Conference
international pointsman
the last great effort
described
Berlin may
have overtaxed
was one that appears
bis life

275

a

of

to

he

.

its

that
M . Morel showed
in others with antipathy .
he fully appreciated bow delicate was his position ,
and that he possessed also the abilities necessary
perils
both
The consolidation
to cope with
presided was principally
the unions over which
due
his discretion and his excellent influence
the numerous conterences
which he took part

.

�THE AUTHOR

of

of

of

of

no

in

on as

of

or to

on

to be

of

a

or

-

.-

of

.

by

--

.

.

of

of

to

.

6

up

of

to

.
-

of of

.

—

of is

an

.

it

or

a

at .

be

.

in

of

In

of

on

an

as

in

to

an to

on

in

if

of

.

If or

in

-

.

If

. to

as

so

do

to

he

of

-

.

of to

.

or

is

or

on

orof

of

or

or
an

is
in

to no

to

.

a

of

.

of

:
--

be

.

9
.
10

11
.

.

12

if

of

be

in

be

in

or

If

to .

is

In

to

is

-

.

'

of

to
by

-

in

if
. of

in

of

if

be

in

of

of

.

's

to

be

as
a

to

in

-u

of

to

or or

by

be

.

on

of

of

by

in

in

of

. be

as

to

be

.

of

of
-

in

or
if

at

or

of

of

to

of

of

of

to

of

-

.
in

If

of

or

of

or
or

in in

to

of

.

of

.of of

.

.-

be

in

or

as

or

in

.

—

to

onof of

at

if

to

an

to

of

)

of

to

of

cr of

.

of

.

at

in

.

.

5

to to in to

:

as

in

.—

to

of

to

of

or

or of

of

of

of

.

2

3
.

in

the Work shall
left
the judg
the Publishers
Copyright
American
The publishers shall print
each copy
the Work the notice required
law
the
copyright
America
the United States
reservation
publication
and shall
the Work duly deposit the
necessary copies and enter the copyright
the Copyright
Washington
Office
Right
writing
Performing
required
the
4

reprinting and sale
ment and discretion

be to

of

of

. 24

&amp;

it
is

of

.

W

J.

of

1
.

of

(

at

writing
music
the said Work without the consent
the Composer
But subject
the rights hereinbefore
granted the Composer retains
copyright
the
and per
forming rights
the Work
Publication
The Publishers
shall bear the whole
printing publishing and advertising the said Work
cost
print and publish
and shall use their best endeavours
the said Work within
months
the date
this
agreement and
sell copies
the same
accordance
with their usual course
business
Form and price
The Publishers shall issue the Work
occasion
form
the price
may
requires
such other form
such other prices
mutually agreed between the Composer and the Publishers
publication
the production
The general management

.

.

all

day
MEMORANDUM
OF AGREEMENT made this
one thousand
nine hundred and
between
of
hereinfter called the Composer
the one part and
Curwen
Sons Limited
Berners Street London
hereinafter
termed the Pub
mutually
agreed
lishers
the other part whereby
parties
between the
hereto
for themselves and
their
respective heirs administrators and assigns
follows
Assignment
publish
licence
That
consideration
payments and subject
the hereinafter mentioned
the
termination
clauses hereinafter mentioned
the Composer
hereby agrees
assign
sell and
the Publishers
exclusive licence during the whole period
the copyright
including any renewals and extensions thereof
print
publish and sell copies
the composition
the Composer
present intituled
hereinafter
called
any part thereof
the Work
Great Britain and
Ireland her Colonies and Dependencies and further agrees
that during the currency
this agreement neither himself
assigns shall print
publish
nor his heirs executors
any copies
any
any part thereof
the said Work
adaptation
arrangement thereof within the said limits
and shall sell only such copies
are obtained from the
Publishers
and the Publishers
shall not publish any
arrangement
alteration
variation
the

13

whose permission we are enabled to
be seen to contain the principle of the licence
in place of the highly objectionable
total surrender
rights
of

will

In

submitted to
Sons , with
print it . It

&amp;

in

8
.

THE SUGGESTED AGREEMENT.
The following agreement has been
the society by Messrs . J . Curwen

before the signing
this agreement the Pub
lishers shall comply with the provisions
the law relating
performing rights
notice
reservation
Satutory Copies
The Publishers shall provide and
deposit the copies required
statute for the public
libraries
Payment
Royalties
The Publishers
shall pay the
Composer his heirs executors
assigns
royalty
the full published price
all copies sold
either notation
royalty
thirteen copies being counted
twelve but
paid
complimentary
shall
copies
the Composer
given
copies given away for the purpose
him
advertisement
Statement
Account
The publishers shall make
May
the statement
accounts annually
the 31st day
each year and shall render the account and pay the
Composer the amount due within three calendar months
from the said date
sup
Copies for Composer
The Composer shall
plied with copies
the Work for his personal use at the
full trade discount
Work not
violation
other rights
The Composer
guarantees
the Publishers that the said Work
original work and
way whatsoever
any
violation
copyright
belonging
any other person
persons
partnership
incorporated
company and that
firm
objectionable
contains nothing
libellous character
legal
agrees
representatives
and
that he and his
shall and
will hold harmless and keep indemnified the Publishers
from all suits and all manner
claims proceedings and
expenses which may be taken
incurred
the ground
that the said work
such violation
contains anything
objectionable
libellous
Prvofs
The Composer undertakes
correct the
proofs
the Work within
fourteen days
their receipt
And should
fail
then the Publishers shall
liberty
they shall consider
make such corrections
necessary
Infringements
either party has reasonable cause
for believing that the copyright
the said composition
they shall give immediate notice
has been infringed he
the other party
the Composer takes proceedings
respect
the infringement and
the Publishers desire
joined
the action they may give written notice
undertaking
the Composer
that effect and
equal sbare
pay
their part
the entire cost
the
litigation the Composer shall join them
parties
such
prosecute the action
case the Composer shall diligently
but shall retain control
the proceedings and may make
any reasonable settlement with the defendants
the
Composer and Publishers and the damages
interests
any recovered shall
firstly applied
payment
costs
any surplus shall
and
there
divided equally between
Composer and Publishers
Composer
the
after
the
infringement has come
neglects
his notice refuses
proceedings
respect
take
thereof the Publishers sball
entitled
take proceedings and on giving the Composer
indemnity
against liability for
sufficient and reasonable
costs shall
entitled
use the Composer
name
party
such proceedings
such case the Publishers
shall retain control
the proceedings and may make any
Composer and
reasonable settlement
the interests
any recovered shall
Publishers
and the damages
firstly applied
payment
any
costs and
there
surplus shall
divided
the proportion
one third
the Composer and two thirds
the Publishers
publishers liquidation
Termination
licence
the Publishers going into liquidation the
the event
licence hereunder
make print publish and sell shall
cease from the date
the winding p order but
the
event
the Publishers reconstructing
their company
amalgamating
company
themselves with
another
Composer

.

:

.

7

It is certain that agencies for the collection of composers ' royalties , for a reasonable consideration , will come
into existence . It is , therefore , strongly impressed upon all
composers
1. Not to part with the property which is exclusively
theirs by Act of Parliament.
2. Not to employ any agent or agencies without careful
enquiry into their financial position and stability :
3. Not to enter into any contract for sheet publication
which contains any conditions whatsoever with regard to
their rights of mechanical reproduction .

a

276

�THE AUTHOR .

or

a

in

on

,

to

of

to

in

be

no is

a

.

at

in

to

as

.

is

as

.

to

to

, .

of

Act

will

of

1911

be

is

to

,

l'

in .

of

,

l'

States

5

.

be taken out
the agree
ment when that Act comes into force
Clauses
and 11 may pass with but
little comment
true that
inost cases
satisfactory
have semi annual accounts but
exception was made
this special agreement by
and can

it

an is

-

in

.

in is

11

.

&amp;

-

of

the Copyright Sub Committee after discussion
the point with Messrs Curwen
Sons
Clause
almost identical with the clause

.

of

's

,

,

in

which stands
the agreement which was before the
May 1910 the view
Committee
the composer
being
and the publisher
that the corrections
necessary would
mere printer
errors
be

,

at

.

of

be

It

.

It

of

by

.

a

away with the transfer
copy
the document printed
the
this article
should
mentioned

advance
does
right demanded

beginning

as

of

of

Management
recognise the
The Committee
being
great
first clause
the agreement

,

in

,
,

9

is 10

.

.

to

of

to

he

The Composer should note that
has the right
inspect the books
common law
the Publishers which
refer
his Works published under this agreement

to

at

,

Occupation

It

,
7
,

.

6

Address

8

.

.

,

in

to

3

. a

as
to

.

or

of

to

not essential under the nited
Clause
under the Act
ineffective

Name

or

,

he

so

or

,
a

or

be

is
a

in

in

,

the above signature

do

to

'

.

is

in

,

to

—

go

Director

,

Sons Limited

,

&amp;

.

Curwen

,

.

on

to as

or

,

so

.

is

it

.

in

.

of

.

J.

Signed for

, If

,

in

for

of

's

to

of

is

as

.

to

of

to

.

of

of

.

to
.

Address

Occupation

to

,

.

of

.--

fit
.

of

.

to

-

to

on

.

Composer

the above signature

Name

Witness

is to

of

of

at

of

at

of as

.-

Signature

Witness

which are his under the
1911
for
does not undertake
sell
any part
assign these
the
the publisher
agreement
also limited with
The publisher
regard
country
publication
that
can
made
America
abroad
The composer can
foreign
either enter into
contract direct with
arrangement with
publisher
fresh
make
the English publisher
Under clause
the pub
print
lisher
further
limited
his rights
publish and sell both
the format
which the
produced and
work
the price
No alterations can be made
be sold
which
price without mutual agreement
the format
most satisfactory clause from the
This clause
point
composer
view
satisfactory
Clause
also
the publisher
thereby bound
add words necessary
reserve
the copyright
the United States and bound
through
the necessary technicalities
secure
the copyright
that country
As most composers
know the printing
music
the nited States

Act

'
+ s

or

on

of

of

to

of

if

be

year first above written

mechanical instruments
of

be

as

do

the Composer and the hand
the Publisher the day and
behalf

alteration does not amount
libel
the com
reputation
poser
Under Messrs Curwens agree
absolutely forbidden
ment the publisher
expressly
and
stated that the composer
retains the copyright and the performing right
consequence he would also retain
the work and
any fees that come
him
from reproduction

in

a

to

of

by

if

In

of

the band

Act , where the rights were divided ; and , although
the suggested agreement in its first clause gives the
exclusive licence during the whole term of copy
right , this licence is very strictly limited in the
other clauses .
The position of the composer is not under this
agreement one of absolute freedom , such as may be
looked
the future but his more advantageous
attitude will appear on further consideration
he
under the usual agreement assigns his copyright then
the publisher can publish any arrangement
altera
long
tion
the music
such arrangement

is

at

or

of

of

to

if

or

in

to

at

or

. .

15

16
.

.

17

.

18

As

Witness

too , that under tbe Act of December , 1911 , copy .
right means much more than it did under the old

is

heirs

it

bis

,

the

so

Composer

executors or assigns shall
grant a licence in similar
form to such reconstructed
or other company or firm
unless he states in writing his objection to the nature of
the reconstruction or amalgamation . And in the event of
his making such statement of objection he shall not make
an agreement with any other publisher whereby he shall
be entitled
to receive higher royalties
or any larger
remuneration than that to which he is entitled under this
agreement .
14. Termination of licence by notice .
If the Publishers
shall at the end of three years from the date of publication
any time thereafter give written notice
the
Composer that
their opinion the demand for the Work
any time
the publishers shall have
has ceased
print
allowed the same
be out
off the market for
period
not less than six calendar months and shall
receive written notice from the Composer
that effect
then
within three months
such written notice having
party
may
been received
either
the case
the
Publishers
not print an edition
use the ordinary
putting
again
methods for
the work
the market the
licence hereunder
make print publish and sell shall
cease
the event
the cesser
this licence under
either
the preceding clauses
this agreement the
Composer shall have the option
purchasing the plates
the said Work and all unsold copies
an agreed valuation
Provided
that
the Composer does not exercise that
option within three months
the cesser
the said licence
any time thereafter dispose
the Publishers may
such
plates and copies
they may think
Execution
further assurances
The Composer
agrees for himself his heirs executors and assigns
execute
such further assurances
the premises hereby assigned
may reasonably be required
Throughout this agreement words denoting the male
gender shall
held
connote the female gender
Interpretation
This agreement wherever made shall
English law
be construed according
firm

without further consideration

277

�THE AUTHOR .

its

.

.

in

set

a

be

to

of is

,

in

.

of

in

.

.

,

of at

,

of

.

of

“
a

,

.”

,

be

in

,

to

by
a

,

as

is

of

in

of

's

in

.

of

,

)

be

.

a

a

.

,

's

of

by

is

of

of to

last engaged

is

to

at of

Holland

is

Convention

,

the Berlin

to

,

hesitation
and after
disputes
respecting
the probable
many
advantage
disadvantage
adhesion

A

(

if

,

in

to

is

of

many years

many

or

A

FTER

the

photographs ipso
and exhibition
facto rules the cinematographic theatre
The whole
only
exhibition
the memoir remarks
form
presentation
magic lantern
view
The
simpler
new Dutch law will
this particular
than any other which has dealt with the same
subject
Respecting artistic copyright new ground
seems
broken
the discussion
the right
reproduction
portraits
There are here com
plications arising from the artist copyright
the
portrait and the admitted right
the living
original
forbid the multiplication and exhibition
bis portrait
and the discussion
the memoir
these crossing rights
the term may
used
fuller than we have elsewhere seen
different
presented
problem
the question
the artist
right
right
make replicas
his own work
Very
which the Dutch law will reserve
him
interesting also
question
the discussion

of of

PROPOSED NEW COPYRIGHT
LAW
OF HOLLAND
.

THE

,

rapid succession
regulates
duly

;

,

which

so

in

to

a to

, be

,

to

a

for

.

,

a

in

of

view

multiplication

be

-

,

,

to

to

.

legislation

.

.

is

. .

is to

be

,

presented

to

of
a

be

of

-e

is

by

of

It

of

under that Act

graphis

that any

of

or

of
a ,

"
)

nothing that need
said about the
The
clauses which are self xplanatory
Committee would impress upon those composers
who are members
the Society that the contract
far more advantageous
set up
the agreement
for composers than the customary absurd contracts
which are offered
them
The ruinous assign
copyright
absent
ment
again insisted that composers shonld
must
nerer assign their copyright which under the Act
1911 will include their perforining right and
should never assign
the publishers the gramo
phone rights
which they are wholly entitled

of

-

:-

).

'

“

- (
or
up
in

,

,

of to

“

(
in

In

"

any
them
the publishers
the event
becoming bankrupt
the case
limited company
going into liquidation
the licence hereunder
substitute
make print publish and sell shall cease from the date
company
the adjudication
the case
limited
substitute winding
order

There
remaining

ments regulating cinematographic representations
The memoir
observes
with much reason that
practically the legislation which rules the copyright
photographs
and exhibition
rules
the same
time the copyright and exhibition
cinemato
graphic
representations
cinematograpbic
The
reality throws upon the screen merely
theatre
number
successive photographs
These
indeed
rapidity too great
follow one another with
the
distinguish between them
able
human eye
number of different photo
but are after all only

,

-

.
,

-

,

of

of in

in

follows

at

is

.

to

of as

is

runs

,

to

of

clause

to

.

The

In

or

to

be

by

,

an

ordinary arbitration
under
allow
his
published
the reconstructed company
firm
order
meet the views
both parties
the last sentence was inserted
This clause
more
stringent and more
the disadvantage of the com
poser than the corresponding
clause
the agree
May 1910
printed
ment which
The Author
stated

work

desire that their new law shall not
servile
imitation
what has been proposed
the European
nations
the Berlin Convention but shall hare
original merits
its own
The proposed law
consequently
several respects
advance
previous legislation and
the same time
several
respects simpler As an instance of the latter feature
may be mentioned
remark made regarding enact
a

-

,

be

.

a

neration against
reconstructed
firm
The Sub
argued
composer might
Committee
that
the
object strongly for reasons which could not

profundity and
manner admirable for
the reasons for the various dispositions
proposes
Among other
the Legislature
which
particulars
forth
the memoir the following
deserve special attention
The Dutch government
cusses
exactness

in

to

he

of

a

so

do

to ,

if

.

.

set

ment should be terminated under the circumstances
out
Messrs Curwen wanted the licence
continue and urged that
the author has the
might merely
option
terminate the agreement
raising his financial remu
with
view

.

and the
of Messrs . Curwen &amp; Sons . To the
casual observer it also may seem complicated , but
the reason for its being drafted on the present lines
is as follows : - The publishers
have the exclusive
right to publish during the whole term of copy .
right . The Sub - Committee desired that the agree

is

of

Copyright Sub -Committee

between the
representative

a move to enter the Copyright Union ,
proposing such a revision of the national
copyright law as shall make this step possible .
The projected statute is presented
in an official
document : “ Session of 1911 – 1912 .
No. 227 .
New Regulation
of Copyright." This document
consists of two parts , the “ Proposed New Law ,"
and an “ Explanatory Memoir ," both of which are
of a highly interesting character .
The “ Explanatory Memoir " should be read first .
It contains a lucid explanation of why the present
Dutch copyright law requires to be revised before
Holland can join the Berlin Convention , and dis
in making

and

in
a

Clause 12 is rather complicated , but this is due
of being very inclusive in the pro visions .
It will not be so important under the Act
of 1911 .
Clause 13 was discussed at considerable length
to the intention

by

278

�THE AUTHOR .

as

, to

,

,

;

;

,

on

,

,

,

;

or

is

in

,

,

,

all

is

to

is

,

.

bybe

its

.

,

,

.

,

,

a

of

,

of

;

,

,

,

on

;

,

to

,

.

be if

,

an

as

is

of in

of

.

,

in

no

as
a

be

.

its

of

,

of

or

to

a

;

a

in

be

is

be

.

or of

byat

,

by

,

a

a

of

it

of

of

of

.

in

,

or

no

of

as

be

of

by

.

,

of

.

to

a

he

as

.

as to

)

(e

,

is

of or
at

,
if

,

on

,

to

In

.

is

of

a

of

of

of

if

of

,

in

of

.

case

.

;

in of

of in

copyright
life and fifty years
collaboration the fifty years are calcu
lated from the date
the death
the last surviving
Anonymous works have
copyright
collaborator
fifty years
The right
translation lapses
not exercised within ten years from the last day
the year
which the work was first published for
the languages
which the author hasnot given his
permission
translation
one
the countries
belonging
the international copyright union
The term

the

in

as

of

an

's

of

market

for

,

a

or

of

it

on

.

any copyright work
The modification
the
purchaser
xcept
his command
forbidden
buildings and trade designs unless
the case
the author gives his consent
the modification
long
The author retains this right
lives
he applies for them within month
The author
after seizure may claim
have pirated works
handed
over
him
and may put them
the

to

“

,

or

it

or

,

.

in

the act will involve

copy
infraction
portrait
the
command
the person represented
his
provided that the repro
relatives after his death
duction differs widely
size from the original
portrait
The possessor
the copyright
cannot publish
without the consent
the person
represented but the possessor
architectural
designs may exbibit then for sale

.

of

,

it of

of

to

in

in

,

of

its

in

it

which

forbidden
regarded
Also will
right the reproduction

,

,

.

an

of

.

“

to

of

;

of in

in

”

.

as

certain modifications

artistic works
commercial character
any product belonging
word
the
literature
science
art whatsoever
may
production
manner
Collected works
any kind will
single work
regarded
copyright
There
laws judicial decrees and
public announcements
Reproduction
journals will
news published
regarded
copyright
not
infraction
the source
indicated
but reproduction may

of

to

;

of

is

it

to

"
-

to

of
a

declares that
shall come into force
the Dutch
Kingdom
Europe
the first day
the month
following
passing
With the exception

character
and
provinces

in

so

it

,

it
.

of

in

of

its

universal practical enforcement
The new law
copyright
proposes
commercial
accord
objects designed for practical use
and here
art
again sanctions one
the most recent views
respecting
copyright
but the memoir appositely
objects
observes that both
the case
this
sort and
the case
architectural designs
will
be practically impossible
insist upon
moral
copyright
the sense
which
can be accorded
the literary author the painter
the musical
composer
improvements may
Practical needs
compel the modification
commercial design
building and
such cases protection cannot
be given the designer
expression
The memoir concludes with
the
desirability
coming into force
the new act
possible after
soon
shall have been passed
the new act itself
and the concluding article

to

.

.

so

is

,

be

or

Here the new Dutch law
one
the highest though
one
the most intangible rights
author
At
fully admits the impossibility
the same time

or

or

, -

-

's

to

of

to

is

as

.

's

's

?

,

be

to

it

is
a

un

;

,

to

it

to

- is it

of

In

,

”
—

.

to

declare
favour
boldly defends what

,

.

a

of

a

at

a

?

or

;

“

recently
commercial interests and has been only
postulated and discussed
may appear
that
many
wholly imaginary
though there are
few
authors
artists who will not immediately

also apply

plates
geographical
maps
plans designs
and
plastic works bearing
geography
arcbitecture
topography and other sciences
photographic and
cinematographic
works and works
similar

of

of

a

in

,

a

of

is

an

an he

,

is

what
has read
the illustration
books
not
uncommon phenomenon
find that
bring the illustra
difficult
even impossible
tions into harmony with the text
and this may
suggest that the above assumption
very
likely one only presuming
verified has the
copyright
artist infringed the author
He has
certainly been picking the author brains
indisputable the author
The memoir accepts
say his right
moral right
that
interdict
any modification
the work which he has pro
any
duced
This right
far removed from

.

SO

,

of

.

,

To

to is

obvious
come
the case stand when some incident
novel
poem
described by the author with the fullest
particulars
surrounding scenery and
the situa
given moment
tion of the dramatis personæ
picture representing exactly
and
artist paints

will

law itself , lack of space
compels us to mention only some salient particu
provisions are such
lars .
In general
those
Copyright will
personal
elsewhere established
writing
property
and transmissible
but only
copyright
Inherited unpublished
not subject
Copyright accorded
seizure
books pamphlets
newspapers journals and
other writings dramas
dramatic music
lecturers choregraphic works and
writing
pantomimes whose conduct
described
otherwise
music
with
without words
sketches paintings
architectural designs sculp
tures lithographs engravings and other works

in

to

.

This

howerer
one
which the
By no means
obvious
painting
sculpture
the case
the extreme instance possible how will
is

's

right

inhibitive

elementary
case
author rights are

code , the act

the Dutch criminal

the Dutch East Indies.
Of the proposed new

of

an

the original author

in

a

in

all

which , to the best of our knowledge , has not been
hitherto determined in all its aspects , namely , how
far does copyright impede the right to produce the
same idea in an entirely different form ?
A very
simple case of this is the dramatisation of novels ;
case
which
modern legislation reserves

279

�THE AUTHOR .
a

,

,

,

.

en

,

at

at

,

.

of

.

of of ;

in

to

,

de

,

a

,

to

by

in

en

's

of

of

.

,

of

,

of

.

,
M

of

to
a

of

.

,

.

,

.

of ,

M

,

of

M

all

by

,

at

de

.

In

de to

. ,

,

M

,

of

en

, .

a

at

.

'
,
.

,

,
to

,

le

,

all

to a

by

,

,

en

, in

,

in

or

,

.

,

to

at

.

,

of

de
'

Vin

a

,

.

In

,

at

,

to

Sir

,

Mockers

,

.

M

Touraine

.

the history

who

on of

,

by

.

1
P
.M

,

be

to

,

of of

at a

.

M

,

.

in

romantic

English travellers

in
a

at

.

A
.M

at

be

,

,

.

10

by

in

to

an

en

castles gave keen delight
the
After the day
Chenonceaux
reception was given by the Mayor
and Amboise
and Council
Tours
the New
Town Hall
which was illuminated for the occasion
the
artistically decorated salons
honneur was
proferred by the Maire who proposed the health
His Majesty King George
which
James
proposing the French President
Yoxall responded
speech that proved his thorough knowledge
these

Paris landed the
party
Blois
Here
once was
apparent the cordiality of the reception by
Henri
de Cardonne and the authorities who had arranged
interesting and comprehensive programme for
spent
the time
Blois
At
the party
driving
carriages for Chambord
were
route
along the banks
the Loire and soon found that
their knowledge
the link between
French and
English history was
widely and delightfully
from

or

.

in

.

M

Victor

city who had arranged
comprehensive three days
programme
motors
the principal châteaux
including
Touraine
Chinon
Chenonceaux
Azay
Laugeais
Amboise
Rideau
Loches etc
whole delightful day was devoted
Chinon and
route and over all these historic
the castles
wonders
architecture local gentlemen gave their
guides
services
and thus enhanced the value
enormously
specialist
the
tour
The
history
agriculture
architecture
folklore
all had their questions answered and the balts

of

of

,

via

as

,

,
. ,
A
. M
.
M

Hebrard

Arc

architecture and history
This with the Joan
Arc
subject
services and processions gave them much
insight into Blois bistory The
matter and
new
next morning they left the city with regret and
study the
halted
Onzaine
route for Tours
Cardonne
Chaumont where again
Château
Dufay were their historical guides
and
the
evening Tours was reached
and
the Hôtel
Univers
were cordially received
Cheverel
the president
the Syndicat and
Mockers the
leading journalist aud the other officials
the

,

in

be

to

of

of s'

A

.

,

-

de

Naleche
Adrien
Taunay
Humbert
An early morning train

honour
the 500th
martyrdom
were
celebrated and Blois and its cathedral were
féle
for the commemoration
The morning was devoted
careful study
Blois Castle under the guid
Dufay who brought out every point
ance

,

a

in

of

to

by

be

to

received
the Minister
Public Works
Senator Jean Dupuy and greetings were received
from such well known journalists
Count Etienne

the fêtes
Joan

as of

",

l'

- of , at

,

de

de

.

-

day
accomplished sans fatigue
Paris
halt
allowed the president and officials
the association

which Sir
the country
greeting
The

M

,

in

M “

.

,

.

The South Eastern and Chatham and the

Paris Orleans railways made such careful arrange
ments that the journey
Touraine
Paris was

following day
anniversary

,

,
.P
.,

M

Sir

,

of

an

of

of

,

M

a

, .

a

travellers

responded

l'

of

in

,

a

by

to

,

Cardonne and Cheverel
the idea heartily and
small space
time ensured most successful reception and pro
gramme
contained
The whole plan was
eight days one that
useful enjoyable journey
largely increase
would
the knowledge
the
greeted

the Mayor and authorities
the language
many pleasant words

Yoxall

of

,

of

of

,

To

is

.

Blois and Tours

Ville
James

A

in

,

,

by

.

of

of

,

,

,

of in

,

in

of

of

-

of

expeditions into foreign countries
the
members
the British International Associa
tion
Journalists have produced important
results not only
the shape
numerous articles
journals and magazines but also
the issue
volumes topographical
historical and
fiction
dealing with the people and homes
the lands
brought
visited
Some
these expeditions
about
invitations from the foreign authorities
entailing
have been
extensive
some weeks
travel
meet the wishes
the members whose
time
limited
short tour
Touraine was
suggested
the president
James Yoxall
gave
whose knowledge
French and France
weight
his suggestion and although this was not
important invitation
being
the occasion
accepted
Touraine and especially
the authorities
the Presidents
the Syndicat
initiative

of

by

HE

1

M

.

,

.

as

,

TOURAINE

IN

.

of

JOURNALISTS

AND

of

WRITERS

BRITISH

to

.

"

to

to

etc “
.
”

of

,

,
“

of

so

of

,

to

its

increased through M . de Cardonne and M . Dufay ,
the learned librarian of Blois .
At Chambord ample time was given to explore
get many
halls and double staircase and
hint
campaniles
the architecture
this
forest
chimneys domes towers
and
learn the
meaning
they were
the
Salamander
meet
with
often
From Chambord the drive was con
tinued through the forest and pretty villages
the
picturesque castle
Cheverny
Particular note was
taken
the garden produce cultivation
route
At
Cheverny the fine tapestries arms and armour
and the interesting room such
the Salle des
Gardes and the Bedchamber of Henri IV
were
critically explained and examined and then came
reception
the return
Blois and
the Hôtel

,

is

it

.

a

the exhibition

of

a

of

,

music

not publication

or

of

a

work
picture

,

piece

is of

or

.

A

is

as

The same rule applies to translation for dramatic
performance .
Photographic copyright has a term of fifty years .
regarded
published only when
work
manifolded for sale
The performance
dramatic

on

280

�THE AUTHOR .

, .

all

,

,

a

of

!

”

be

."

“

, ,

“

,

is

-

or

.

—

as

we

.

A

it .

in

a

.

in

is

to

.

or

at

,

,

to

?

it

Is

as

.

he

is

he .

,

he

, ,

.

to

a

,

it

as

,

.

,

a

.up

a

.

isn
t'

,

do

it '
t

't

or

't

to

.

It

,

to

.

.

.

it is

a

be

,

in

;

”

he

it

as

If

person fade
experience
The reality has
reality
outside his

had

of

as

or , he

a

.

by

,

or

it as
a
is

as

place

new

the

.

it

.

them

to

absurd

of

is

No doubt

it

with admiration

o

;

a

a

to

a

of

,

is

,

to

it

to

;

.

it

a

is

It or

it

.up

seeing that place
person
swallowed
ordinary self
He has created
but contains
no
longer
comparison
use the backneyed
his
parent
relation
that
child
And
this
the way accounts for phenomenon which
repels the reader
often
writers are capable
perusing their own works with interest and eve

.

't

anticipations about
soon
we have

by

.

at

.

.

.

was considered first whether the work was con
ceived
whole
bit
bit
started with
plan
just
all forgotten and faded
our

,

-

-

er

-

him

ve

,
I'

:

)

a

;

a

is

A

on

“

. .

.

do

of

?

or

a

1
-

't

,
I

?

: no

'

ve

.

of

; : :
:

(

Reader afterwards
Yes
met
last
disappointment
very great disappointment
disappointment
indeed
Reader and
Why can
writer part with mutual annoyance
It

,

do

of

.

—

.

?

do

A

,

.

a

an

it

as

.

't

I

wonder
you tell me
Reader
Won
Well
mustn
pry into the secrets
your craft
Writer Oh please we
secrets
you con
Reculer
Then tell me this
Which
the plot
the characters
ceive first
Writer
Er
little
both perhaps

er

it

.

do

so

.

do to

?

?

't

see

to

: . :

than usual and lives
state which he
con
vinced should
his normal one though
On returning
his normal state he reads over what
surprises him
He couldn
has written
again
He can explain
the reader how
was
done He can
remember whether plot
character

a

to

;

't

,

I

go a

I

:

.

I

as

:

up

it

?

I

: :

,

Oh

?

I

so

a

is

It

:

:

1

in

,

either
reader
writer
part
must have taken
the following
conversation
great pleasure
Reader
meet you
you mind
have admired your books
much
talking about them
Writer
thank you
don
think
No
Reader
Because
wanted
ask you
How
you set about them
they come
How
Do
you plan out
you make
book beforehand
Or
along
you
quite remember
little
can
Writer
both perhaps
plan but leave
Reader
You start with
yourself quite free
alter
the story develops
awfully good way
Writer
That does sound

of

or

as

us

of

TOST

or

they will not let the fire out
late for lunch
They write
sentences rery slowly and feel
queer catastrophe
constricted and used
Then
happens inside them
The mind
were turns
turtle sometimes with rapidity and
hidden part
comes
the top and controls the pen
Quicker and quicker the writer works his head
grows hot
spoils
looks far from handsome
the lunch and lets out the fire
He
not exactly
rapt
the contrary
feels inore himself
few

wives

be

.

.

INSPIRATION

,

to

go

,

.

“

possible
Er
forestall science
give some answer from our own experience
and
Experiences vary but most writers when they
compose seem
through some such process
They start pretty calın
promising their
follows
"

.

JAMES BAKER

-

-

these facts and the one
two hundred other facts
which they will lead her the reader gets
cross
purposes with
says
the writer
and the writer

,

;

,

,

of

France and the French nation

.

,

old

of

,

,

de

knowledge

made him
channel for exciting and extra
ordinary words
They believed
inspiration
day we have dethroned
pollo
may
But
questioned
whether
have put any adequate
theory
his place
Science
usual
not
quite ready
She has one
two more facts about
psychology and physiology
master before she
exactly how
can ascend Parnassus
and explain
mastering
books are written
And while she
and

,

,

of

,

.

- de ,

to

of

.

M

of ,

l'

city
ments
the wondrons
other members
visited other parts
France including the George
Sand country Bourges Clermont Ferrand the Puy
Dôme district gaining thus much additional

, if the writer

Then

was questioned , he would reply quite simply and
cheerfully
Apollo
inspired me
The reader
Apollo
answered
Praised
and
was well
god
Both parties assumed the intervention
poured something
who duly invoked
into the
worshipper that human converse cannot produce

To
-

so

educative
After the official tour was ended
some availed themselves
facilities
visit Poitiers
president
where
Robuchons
the Syndicat
initiatif received them and explained the monu

to blame the age in which they
is peculiarly modern .

do better

live. For their conversation
It never occurred in the past .

er

but

at

,

as

.

at

a

,

gave

,

,

Beaumont
the
cordial reception and afternoon
tea
The new discoveries
Loches keenly interested
the British writers and
Amboise
here
everyone felt the expedition was not only delightful
president

would

to -

de

club house where the Marquis

Why doesn ' t the reader
the writer explain ?
guess ?
But instead of blaming one another , they

be

a

at

.

In

.

all

English

to

“ La Presse Tonrangelle " proposed
the
Press , was replied to by the writer , who ,
in his turn , gave the Press of France , and especially
that of Tours and Touraine .
In the morning the librarian , M . Gaston Collon ,
gave much time in showing the most remarkable
very
MSS . treasures of the library, some unique ,
returning
beautiful and deeply interesting
from
Amboise
halt was made
the new golf

behalf of

281

�THE AUTHOR .

do this , but it is the absurdity
of a fond father
who rejoices in the extension of his individuality ,
and trusts that it will survive when he is gone .
Of

.

's

of

of

to six

or

a

of

to

or

,

sixto

.

.

,

so

Z

Y

X

,

or

he

.

Z

to

I

,

,

Y

to

I

;

X

is

I

to

it

I

.

,

In

,

to

,

,

on

,

.

if

is

in

or

.”

.

no

,

is

'

s

,
a to is

his

;

't .

,

at

t'

?

in

,

.

to

.

on

as be

's

.

of

, ,

-

or

a

I

?

on

to

,

as

,

.

if

to

?

is

,

it

it

.

an

,

.

to a

,

-a
-

to

in

of

in

“

,

,

an

,

.

.

a

to

is

,

I

to

.

in

,

of

no

to

:
do

at

to

.

far

all

of

of

,

a

to to

it

't

,

,

a

,

of

of

a

of

as he to

of

,

,

in

?
"

,

.

a

.

is

,

,

It
It

is

It

.

find
himself with five
pounds outstanding and not
pound
his credit
the bank
He may have
endure
this state
destitution
for five
weeks
during which time he and his household have
along
rub
somehow
The irony
the situation
lies
the fact that the people who owe him money
are mostly millionaires
any other trade
Now
profession
could
his bank and say that
and
and
all
firms
the very highest standing owe him
many pounds due
various dates and giren
certain assurances his banker would be glad
let
him
overdraw
our craft
unfortunately
we
have
such facilities
have not tried
but
my bank and said
feel sure that
went
the
manager
Here
evidence that
and
and
may
owe me £528
overdraw
half that
amount
the manager would shake his head and
say
Impossible
The author
brother who
the Army
Navy
the Church and who
making half the
author
income labours under
such difficulty
know
course
agents and
that literary
publishers are often willing
finance
author
but does not this mean that the author
sacrificing his independence and
power
bargain
very well stand out for
You
can
good price and
the same time borrow money off
the man with whom you are dealing
Again
one
can borrow
from
yet isn
friends
this rather
rough
both author and friends
The remedy for this position does not strike me
being beyond the powers
the Society
suggest that the Society
would
either arranges
with one
two first class banks that
addition
keeping
member
account they should
willing
permit
overdraft
such security
the author himself
possesses
The money out
standing might very easily be made
over
the
banker who would provide funds for this purpose

or

.

is

-

to

Are not many
our awakenings similar
The
inspiration
splendid
seemed
the time but
criticism
must relegate
the waste paper
pure balderdash
basket
just this
There
comfort
get
we mayn
with
but we
get anywhere without
shouldn
Perseverance
benevolence culture and
the other qualities that
pose
good writing
are worthless
they are
not rooted
the underside
the mind

't :

author

hundred

's

all

go

,

,

,

to

,

it

to

,

as

to

is

it

-

—

.

.

. .

Walker with one eye
Walker with two
Something
live for
Nothing

as

an

is

in

of

(

,

-

-

,

-

of

)

,

1.

word serial and half
dozen
short stories enough
keep
work
one going the
best part
year
Assuming
one
has sufficient capital

go

'

:

?

?

't

a

of

.

always was unreliable
But are we not all capable
getting into
state where we put down words that
put down ordinarily
we shouldn
And
not
this capability the first step towards producing good
work
When one recalls the anecdotes about
great writers
how
Jane Austen composed
the
hubbub
the rectory drawing room how Balzac
saw from his summer house the
Comédie Humaine
disentangling and entangling against the shrubs
that surrounded him how Coleridge
the extreme
prolonged into waking his vision
case
Kubla
tempting
Khan
conclude that they
went through the same process diverse
were the
results
brought them
which
and most
tempting
conclude that we too can
through
that process with results however bad
repeat
For
inspiration
need
not imply
genius
The vain shallow writer
also inspired
and perhaps with the greater facility
He too can
put down words when his poor little
mind has
turned turtle and can declare afterwards that they
are good words
story
There
man who
like Coleridge
poem
superhuman
dreamt
splendour
was not cumbersome
like Kubla
Khan but consisted
single immortal stanza
which he managed
write down and preserve for
literature
When
was quite awake he read the
little gem
ran
follows

I

to

of

?

of

_

is

,

all

smaller fry , such as novelists , are denied it .
How
unfair ! If one writer can be inspired , are we not
inspired every one
us
The quality
our
inspiration
that
Apollo
another
matter

.

THE PEN

OF

DEAR
say “ Hear, hear ! ” to
SIR , - May
practically every word contained
in the excellent
papers of Mr. Herbert W . Smith , and at the
same
time add a suggestion of my own ?
In my experience one of the main difficulties of
authorship
the financing
one
commissions
Thus
have been asked
undertake
100 000

,

“ inspiration
and one wishes that the term was
in use , for it is far nearer
the truth than most
usage , inspiration
accounts .
In modern
is still
allowed
to poets and a few historians , but the

still

THE HAZARD

“

,"

D

I

all forms of conceit , it is the least narrowing
.
Here, then , is the process , termed by the ancients

.

CORRESPONDENCE

,

282

�THE AUTHOR .

it

.,

I

-

it

. .

of

of

on

is

of

on

be

I

is

of

I

do

I

If

. I

do

I

If

. in

to

.

in

.

to

a

I

am

it

Is

I

.

.

am

I

I

.

am

a

and laborious living
years and that enclose

pen
the last ten
name and address for
the editor
The Author
writer who receives such really

his

as

.

of

my

of

I

the information
Only
every

for

by

a

I

I

I

.

But think will risk this last retort and
merely content myself with observing that
very humble individual who has earned
bare

if

brought

do
.

great majority who

to

,

of

soon

to

would

updo

in

to

discourteous treatment
that accorded
Miss
Annesley would complain
public
those few
editors who apparently
not know how
behave
be

the level

the

very

Yours faithfully

.
Y
.
Z
.

.
SIR
For how long should
author consider
manuscript
necessary
reserve
the considera
necessary
tion
one editor
use the word
my experience
instead
reasonable
because
very few editors give
decision within
contributor
reasonable time
At the present moment three
periodicals have the same number
editors
One poem has
their hands
mine
short poems
been retained three months another six weeks and
fortnight
have
To the first editor
the third

it

to

a in

"

“

a

a

“

of

", I

?

of

of

.

. I

a

,

,

.

in

of

of

.

or

.

,

is

on
it a

,
I

of

a

an .

is

It

a

.

fair nor businesslike

? be

is

a

, 's

I I

so

I In

.

.

_

,

,

My
four letters without effect
addressed three
poem
neither published nor returned
know
two publications
As the editor myself
short manuscript
perfectly well that
decision
received pro
can be made very shortly after
viding one work
carried through with method
kept waiting
Why then should
contributor
neither
decision
unreasonable time for
is

of
so

on

I

I

.

no it

.

a

.

. I

,

to

,

do

I

to

.

I

.

a

.

I

a

.

as

the majority
The Bystander
contributed
not
But
other papers publishing fiction
MS decided
have ever once had
think
remember
promptly by The Bystander people
waited seven months
MS
önce sending them
ventured
and then having heard nothing about
reply
received
decision
ask for
fact
And again
And again
wrote again
all
assure
wrote six letters and one postcard
polite communications
you polite even painfully

,

I

.

.

is
to
a

is

or

of

to

.

is

,

by

-

courteous and business like treatment accorded him
The Bystander
indeed interesting
that
He explains that everything he sends
paper
sent back by return
either accepted
have
lucky man
For my part
post
He

a

in

the June
the prompt

,

of

Author

to

The enthusiastic tribute paid
your correspondents
one

, by

,

—

SIR

to

-

,

an

EDITORIAL COURTESY

.

*

11

.

X

.

,

,
is

ifif

,

in

.

's

a

-

-

I

re

So

.

be

.

it

I

an

.

is

.,

etc

,

of

,

on

a

will

,

in

,

,

,

an

be a

I

tion
am

II
.
do

to

as

So

?

:

)

—

.

in

of

,

,

—

.

knows that repayment
assured
deposit negotiable securities
railway stocks foreign bonds
such
the only
way
which
author can anticipate payment
the
draw
bill
his publisher
which
the
acceptor
man
fair business standing would
be discounted by the author
banker
giving
gather that publishers are shy
But
their acceptances
EDWARD CLODD
case the banker

in

to

.

.

.

to

,

to

us

.

of

a

—

.

's

(

your correspondent has had better
The Bystander than either Miss Annesley
myself
But observe that he
the staff
possible that that explains
London paper
Persorally
wonder
not
the staff
paper
mere free lance and there are
some editors who seem
think that free lance and
Fortunately such
door mat are convertible terms
number
editors are very few
sign this letter with
doubt whether
my name
shall be told that am trying
told
not
shall
advertise myself
unsigned letter
unworthy
that
considera
luck with

a

,
ALBERT KINROSS

DEAR SIRS
Bankers
not make advances
against book debts because they are intangible
securities
Firms
the highest repute are some
times granted loans without security but
each

to

refusal

evidently
.

I

,

truly

copy
NOTE
We have submitted
Mr
Mr Clodd and have received
letter
Kinross
the following reply which Mr Clodd has kindly
print
permitted
these columns

Failing ability

form

it

Clodd
Yours very

.

Edward

-

an

of

to

.

as

Mr

must
lost
wrote my MS and sent
year and two
elsewhere
Five months later
months after submitting
received my sup
posedly lost MS back again with the usual printed

or

of

,

on

I

to

.

-

dic

the Society might persuade our leading
editors and publishers , if not to pay immediately
on acceptance , at least to furnish the author with
negotiable
some
instrument which
he could
discount or not discount as his necessities
tated
get the opinion
would like
other authors
this very vital matter and especially
would
get the opinion
like
author banker
such

a

Or perhaps

283

.

at

,

*
*
*

by

.

no

it

if

of

,

be

a

I

to

--

at

,

Yours truly
nicely written
and then
last
received
AN EDITOR AND CONTRIBUTOR
the effect that my MS could not
answer
Undoubtedly very many editors are unbusi
found and that
had ever been received
The
Bystander
any rate nowadays
which there was
trace they fearednesslike and some though these

�THE AUTHOR .

I of

is

-

"

, a

to

an

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,

am

I

to

in

a

a

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of

of

I

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as

”

“

by

as

to

as

,
.

.

PENROSE

.

A

SUGGESTION

use

,

—

-

of

to

it

in

in

of

.

in

,

of

,

, a

be
to

a

in

of

be

of

or

-

a

,

to

to

in

,

a

;

.

Yours sincerely

,

AN OLD MEMBER

.

shall be

”

's

letter

I

,

“

have just read
David
Arnold Bennett and

Mr

.

on

,

DEAR SIR
commenting

I

.

to

NOVEL COMPETITIONS

-

, a

,

to

.)

to

,

to

,

or

.

of

NEWTE

.

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W

HORACE

Is

,

--

to

to

,

?

in

'

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I

., .

,

etc

part
guest room would
should succeed
form
the scheme
which invalided
tired members
Society could
the Authors
invited for repose
and fresh air when unable otherwise
afford
these
Two artists
other workers joining must
course
share the right
show hospitality
turn
their comrades
Such
combination
with strict economy should
reduce expenses
cheap cottage for one
whilst bringing
less than
sweet air week end holidays and country pleasures
both men and women fellow toilers

,

of

in

,

to

it

,

be

be

,

Yours

your
DEAR SIR
correct
make
small space
ask whether some woman member
presumably alone
life with some means however
slender would correspond with the writer who has
syndicate
the
rest house
form
view
country
gain
The leading idea would
sunset
home for ageing writers hoping that one or better
still two workers
the domain
art might join
ensuring variety
interests
And
case this

(

is

a

an

:

be

to

I

,

in

I

There are other
beginners
than the
judge
Nove

Yours faithfully

,

of
of

to

II

—

a to

!

,

to

it

as

o

,

much
the openhearted
publisher somehow getting
getting the
the better
better
the simple
simple
the
author that might be
well
avoid this unhappy
consummation and
this end
have the
follow
the follow
have
ing suggestion
make
That directly
book
announced by
new
writer
old copy
The
Author should
forwarded
him
and his
gives
attention called
every issue
the advice
my own case that had
know
possessed
many hundred pounds
such knowledge
should
pocket and there must
many more whose
ignorance has cost them dearly
in

,

—
"

it

.

of

writer
has ever been kind
helping
and better ways
very doubtful way
acting
Competition

.

of

We hear

of

an

.

.”

to

to

I

I

ago

Mr

PUBLISHER

AND
so

Sir

—

AUTHOR

be
a

to

to
"

in

could have shown
David
letters
kindly and helpful
Bennett
those
speaks
Southey Scott
which were written
and Besant
their literary godchildren
and
not for
moment suppose that
the only
Years

from

M

in of

.

be

in

. ,

—

discovered
me and went out
advise me and help me
find
absolutely unknown writer
market when
was
first book was published
and before his own

.

it

as

,

a

is

.

;

.

acknowledging
his way

Bennett
and
opportunity
pablicly

a

-

to

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on

is

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.

in

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to

he

so

,

.

to

a

have

he

,

is

to

be

,

of

is

or is

Mr Arnold

author

brother
glad

of

of ,

or

on

to

the work and the manuscript
returned the editor
too often held
discourteous
We recom
mend that the author should carefully study the
proposes
pages
which
the periodical
may not send
contribute
that
article which
manifestly unsuitable either
subject treatment
size
Then having decided that his chance
insertion
reasonable
such grounds
should
write
the editor and ask whether he may submit
This
trouble for him
the manuscript
for the editor but future
will be
trouble
disappointment may
this way
avoided
One
more hint authors should always retain copirs
their manuscripts and should always send them
typewritten
ED

you

if

a member

be

.

at

is

an

space

;
if

loses

a

If

such

owing

its

allowed , ensure
insertion later
article
returned
once the author
chance
later that chance disappears
pressure
space
closer inspection

might , if

will kindly give me — although not
of the Society of Authors — space in
which to answer it .
Mr. Bennett may have spoken of “ taking part in
a farce , " because he considered it absurd that the
“ best ” half -dozen novels should be picked out
without reference to his judgment , and that he
would
be expected to choose from these not the
production , but the book
most finished artistic
likely to have the best sale .
That is as it may be ,
but it is absolutely ninfair to infer that his attitude
too
man who
this affair proves him
indifferent and selfish
serve some poor devil
obliged

do

, we think , few in number — are oblivious of the
position of the author who sends in contributions
on the chance . But it is not quite possible for an
editor to apply what might be called
a strict
business routine to uncommissioned manuscripts ;
he cannot accept at once just as many as he has
room
for and post the others back immediately .
The manuscripts must be read and their suitability
ascertained .
It frequently happens that a manu script has no paramount
claim
for immediate
insertion , but has , at the same time, qualities which
are

a
am

284

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BOOKS .

OUR

AUTHOR

CO- RESPONDENT

OF " THE

DEAR SIRS ,

Two popular Hotels in Central

ARE

the British Museum .

Opposite

" WRITES :

May 10th , 1912 .
you for the copies of " The Co- Respondent , "
received this morning . We were pleased to get them
carlier than the date you named , and we like the get- up
immensely .

.

London

THACKERAY HOTEL

We thank

Great Russell Street, London .

Near the British Museum ,

OF “ CAIRN LODGE " WRITES :
May 15 , 1912.
“ Begs to acknowledge the books sent to her , she is very
pleased with the way they are got up ."
THE AUTHOR

KINGSLEY HOTEL

THE REVIEWER IN " THE MORNING LEADER " DESCRIBES
" AUNT URSULA ' S BEQUEST " :

Hart Street Bloomsbury

London

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            <text>The Author.&#13;
(The Organ of the Incorporated Society of Authors. Monthly.)&#13;
VOL. XXII.-No. 10.&#13;
JULY 1, 1912.&#13;
(PRICE SIXPENCE.&#13;
CONTENTS.&#13;
PAOR&#13;
255&#13;
255&#13;
255&#13;
257&#13;
260&#13;
PAGE&#13;
271&#13;
272&#13;
272&#13;
272&#13;
272&#13;
262&#13;
Notices&#13;
The Society's Funds&#13;
The Pension Fund&#13;
Cornmittee Notes ...&#13;
Books published by Members ...&#13;
Literary, Dramatic and Musical Notes&#13;
Paris Notes... ... . .. ...&#13;
United States Notes ...&#13;
Copyright in a Newspaper Article ...&#13;
United States Law Case&#13;
A Dangerous Clanse ...&#13;
Magazine Contents&#13;
How to Use the Society ...&#13;
Warnings to the Producers of B&#13;
Warnings to Dramatic Authors&#13;
Registration of Scenarios and Origins&#13;
Dramatic Authors and Agents&#13;
Warnings to Musical Composers&#13;
Stamping Music ...&#13;
The Reading Branch&#13;
Remittances&#13;
General Notes&#13;
Obituary ...&#13;
Composers' Agreements...&#13;
The Proposed New Copyright Law of Holland&#13;
British Writers and Journalists in Touraine&#13;
Inspiration... ...&#13;
Correspondence&#13;
272&#13;
272&#13;
273&#13;
264&#13;
265&#13;
267&#13;
268&#13;
269&#13;
270&#13;
271&#13;
271&#13;
274&#13;
275&#13;
278&#13;
280&#13;
281&#13;
282&#13;
Putnam's Shilling Fiction&#13;
The Wheels of Time .&#13;
.&#13;
.&#13;
1/- net.&#13;
net.&#13;
(100,000 copies sold.)&#13;
By FLORENCE L. BARCLAY, Author of “The Rosary."&#13;
" It is an honest little story and well written.”—Times.&#13;
Wayfarers&#13;
1/- net.&#13;
net.&#13;
.&#13;
. By LENORE VAN DER VEER.&#13;
A winter story of life and death and love in Switzerland.&#13;
[Just Published.&#13;
The Land of the Blue Flower&#13;
.&#13;
1/- net.&#13;
net.&#13;
By FRANCES HODGSON BURNETT,&#13;
Author of “Little Lord Fauntleroy."&#13;
“This dainty little story ... is exceedingly well told ... Mrs. Hodgson Burnett&#13;
has once again given her thousands of readers cause to love her.”-Sphere.&#13;
[Third Impression.&#13;
G. P. PUTNAM'S SONS,&#13;
24, BEDFORD STREET, STRAND, W.C.&#13;
&#13;
&#13;
## p. 254 (#716) ############################################&#13;
&#13;
ADVERTISEMENTS.&#13;
The Society of Authors (Incorporated).&#13;
Telegraphic Address : "AUTORIDAD, LONDON.”&#13;
Telephone No. : 374 Victoria.&#13;
PRESIDENT.&#13;
THOMAS HARDY, O..M.&#13;
COUNCIL.&#13;
SIR ROBERT ANDERSON, K.C.B. SIR W. MARTIN CONWAY.&#13;
AYLMER MAUDE.&#13;
THE RIGHT HON. SIR WM. REYNELL THE RIGHT Hox. THE EARL CURZON, THE REV. C. H. MIDDLETON-WARE.&#13;
ANSON, Bart., P.C., M.P., D.C.L.&#13;
G.C.S.I.&#13;
SIR HENRY NORMAN, M.P.&#13;
THE RIGHT HON. THE LORD AUSTIN DOBSON.&#13;
SIR GILBERT PARKEK, M.P.&#13;
AVEBURY, P.O.&#13;
SIR ARTHUR CONAN DOYLE.&#13;
SIR ARTHUR PINERO.&#13;
J. M. BARRIE.&#13;
DOUGLAS FRESH FIELD.&#13;
THE RIGHT Hox. SIR HORACE&#13;
SIR ALFRED BAT EMAN, K.C.M.G. EDMUND GOSSE, C.B., LL.D.&#13;
PLUNKETT, K.P.&#13;
ROBERT BATEMAN.&#13;
SYDNEY GRUNDY.&#13;
HESKETH PRICHARD.&#13;
F. E. BEDDARD, F.R.S.&#13;
SIR RIDER HAGGARD.&#13;
ARTHUR RACKHAM.&#13;
MRS. BELLOC-LOWNDFS.&#13;
MRS. HARRISON (“Lucas MALET"). OWEN SEAMAN."&#13;
THE RIGHT Hon. AUGUSTINE BIB ANTHONY HOPE HAWKINS.&#13;
G. BERNARD SHAW,&#13;
RELL, P.C.&#13;
E. W. HORNUNG.&#13;
G. R, SIMs.&#13;
MRS. E. NESBIT BLAND.&#13;
MAURICE HEWLETT.&#13;
DR. S. SQUIRE SPRIGGE.&#13;
THE REV. PROF. BONNEY, F.R.S. W. W. JACOBS.&#13;
FRANCIS STORR.&#13;
The Right Hon. JAMES BRYCE, P.C. HENRY JAMES.&#13;
SIR CHARLES VILLERS STAXPORD,&#13;
THE RIGHT Ilon. THE LORD BORGH. JEROME K. JEROM R.&#13;
Mus. Doc.&#13;
CLERE, P.C.&#13;
HENRY ARTHUR JONES,&#13;
MRS. HUMPHRY WARD,&#13;
HALL CAINE.&#13;
J. SCOTT KELTIE, LL.D.&#13;
H, G. WELLS.&#13;
J. W. COMYNS CARR,&#13;
RUDYARD KIPLING.&#13;
PERCY WHITE.&#13;
EGERTON CASTLE, F.8.A.&#13;
SIR EDWIN RAY LANK ESTER, F.R.8. FIELD-MARSHAL THE RIGHT le n.&#13;
EDWARD CLODD.&#13;
LADY LUGARD (M188 FLORA L. THE VISCOUNT WOLSELEY, R.P.,&#13;
W. MORRIS COLLES.&#13;
SHAW).&#13;
P.C., &amp;c.&#13;
Thk Hon. John COLLIER,&#13;
Mks. MAXWELL (M. E. BRADDON).&#13;
COMMITTEE OF MANAGEMENT.&#13;
Chairman- Dr. S. SQUIRE SPRIGGE.&#13;
SIR ALFRED BATEMAN, K.C.M.G. I MAURICE HEWLETT,&#13;
ARTHUR RACKHAM.&#13;
MRS. BELLOC-LOWNDES.&#13;
W. W. JACOBS.&#13;
G. BERNARD SHAW.&#13;
MRS. E. NESBIT BLAND.&#13;
AYLMER MAUDE.&#13;
FRANCIS STORR,&#13;
J. W. COMYNS CARR.&#13;
HESKETH PRICHARD.&#13;
DRAMATIC SUB-COMMITTEE.&#13;
Chairman-R. C. Carton.&#13;
RUDOLF BESIER.&#13;
JEROME K. JEROME.&#13;
I G. BERNARD SHAW.&#13;
C. HADDON CHAMBERS.&#13;
W. J. LOCKE.&#13;
MISS E. M. SYMONDS.&#13;
ANSTEY GUTHRIE.&#13;
JUSTIN HUNTLY MCCARTHY.&#13;
JAMES T. TANNER.&#13;
Miss CICELY HAMILTON.&#13;
CECIL RALEIGH.&#13;
PENSION FUND COMMITTEE.&#13;
Chairman-Dr. S. SQUIRE SPRIGGE.&#13;
ANSTEY GUTHRIE.&#13;
OWEN SEAMAN,&#13;
MRS. ALEC TWEEDIE,&#13;
ANTHOXY HOPE HAWKINS.&#13;
M. H. SPIELMANN.&#13;
Mrs. HUMPHRY WARD.&#13;
COMPOSERS' SUB-COMMITTEE.&#13;
Chairman-SIR CHARLES VILLIERS STANFORD, Mus. Doc.&#13;
GRANVILLE BANTOCK.&#13;
CECIL FORSYTH.&#13;
ARTHUR SOMERVELL.&#13;
PERCY C. BUCK, Mus. Doc.&#13;
SIDNEY JONES.&#13;
HERBERT SULLIVAN.&#13;
THOMAS F. DUNHILL.&#13;
JOHN B, MCEWEN.&#13;
WILLIAM WALLACE.&#13;
COPYRIGHT SUB-COMMITTEE.&#13;
H. A. HINKSON.&#13;
SIR CHARLES VILLIERS STANFORD, HERBERT SULLIVAN,&#13;
E, J. MACGILLIVRAY.&#13;
Mus. Doc.&#13;
SIR JAMES YOXALL, M.P.&#13;
M. H. SPIELMANN.&#13;
ART.&#13;
The Hon. John COLLIER.&#13;
John HASSALL, R.I.&#13;
ARTHUR RACKHAM.&#13;
BIR W. MARTIN CONWAY.&#13;
J. G. MILLAIS.&#13;
M. H, SPIELMANX.&#13;
FIELD, ROSCOK &amp; Co., 36, Lincoln's Inn Fields, W.O.&#13;
- Secretary-G. HERBERT THRING,&#13;
G. HERBERT TUBING, 39, Old Queen Street, Storey's Gate, 8.W.)&#13;
Solicitor in England to&#13;
La Sociste des Gens de Loutre,&#13;
Legal Representative in America—JAMES BYRNE, 24, Broad Street, New York, U.S.A,&#13;
OFFICES.&#13;
39, OLD QUEEN STREET, STOREY'S GATE, 8.W.&#13;
&#13;
&#13;
## p. 254 (#717) ############################################&#13;
&#13;
ADVERTISEMENTS.&#13;
iii&#13;
- PLAYS&#13;
MR. FORBES DAWSON&#13;
COTTERILL &amp; CROMB,&#13;
Literary Agents,&#13;
Lennox House, Norfolk Street,&#13;
(Member of the Incorporated Society of Authors).&#13;
-Strand, W.C.-&#13;
During the past year Messrs. Cotterill &amp; Cromb have placed&#13;
An Actor of over 25 years' experience in every&#13;
literary work (Books, Serials and Short Stories) for the&#13;
following Authors:&#13;
class of character, play, and theatre.&#13;
COSMO HAMILTON,&#13;
GUNBY HADATH,&#13;
DEREK VANE,&#13;
FRANCIS MARLOWE,&#13;
Master of Stage Craft &amp; Play Construction, GEORGE EDGAR,&#13;
W. HAROLD THOMSON,&#13;
ANNESLEY KENEALY, HILDA COWHAM,&#13;
CHARLES PROCTER,&#13;
ROGER POCOCK,&#13;
Author of plays produced in Great Britain&#13;
SEUMAS MACMANUS,&#13;
REEVES SHAW&#13;
and America. Adapter of several novels to the&#13;
RUBY M. AYRES,&#13;
MARK ALLERTON,&#13;
R. MURRAY GILCHRIST, JOHN HASLETTE,&#13;
stage.&#13;
BERTRAM ATKEY,&#13;
CLIVE HOLLAND,&#13;
F. ST. MARS&#13;
NORMAN INNES,&#13;
GIVES PRACTICAL ADVICE UPON PLAYS.&#13;
PAUL URQUHART,&#13;
Etc., Etc.&#13;
ADAPTS STORIES TO THE STAGE.&#13;
Each MS. receives the personal attention of Mr. Cotterill and&#13;
---- NO THEORIES. —&#13;
Mr. Cromb, who have a unique knowledge of the Book and&#13;
No charge for reading and giving a practical&#13;
Serial Market.&#13;
opinion on a play.&#13;
WRITE FOR TERMS. INTERVIEWS BY APPOINTMENT.&#13;
Telephone : GERRARD 1093.&#13;
Knows the best people in the dramatic world,&#13;
and has gained the necessary experience for this&#13;
TYPEWRITING &amp; SECRETARIAL WORK&#13;
(Shorthand.)&#13;
class of work on the stage itself, in association&#13;
Authors' Manuscripts &amp; other work promptly&#13;
with the best dramatists, producers, actors, and&#13;
and accurately copied,&#13;
stage managers of his time.&#13;
Terms : 10d. per 1,000 Words.&#13;
Reference kindly permitted to Rev. H. W. CLARK.&#13;
Address : 23, MIDMOOR ROAD, WIMBLEDON, S.W. MISS I. U. BAILEY, WESTWICK, HARPENDEN, HERTS.&#13;
Publications of the Society.&#13;
1. THE ANNUAL REPORT FOR 1911.&#13;
Price 18. net.&#13;
8. THE SOCIETY OF AUTHORS.&#13;
A Record of its Action from its Foundation, By WALTER&#13;
BESANT (Chairman of Committee, 1888-1892). Price&#13;
18. net.&#13;
2. THE AUTHOR.&#13;
Published ten months in the year (August and September&#13;
omitted) devoted especially to the protection and main.&#13;
tenance of Literary, Dramatic, and Musical Property.&#13;
Issued to all Members gratis. Price to non-members,&#13;
6d., or 59. 60. per annum, post free. Back numbers from&#13;
1892, at 108. 6d, net, per vol.&#13;
9. THE CONTRACT OF PUBLICATION&#13;
IN GERMANY, AUSTRIA, HUNGARY,&#13;
AND SWITZERLAND. By ERNST LUNGE,&#13;
J.U.D. Price 28, 60, net.&#13;
8. LITERATURE AND THE PENSION&#13;
LIST. By W. MORRIS COLLES, Barrister-at-&#13;
Law. Price 38. net,&#13;
4. THE HISTORY OF THE SOCIÉTÉ DES&#13;
GENS DE LETTRES. By S. SQUIRE SPRIGGE.&#13;
Price 1s. net.&#13;
5. THE COST OF PRODUCTION.&#13;
(Out of print.).&#13;
10. FORMS OF AGREEMENT ISSUED BY&#13;
THE PUBLISHERS' ASSOCIATION ;&#13;
WITH COMMENTS. By G. HERBERT&#13;
THRING, and Hlustrative Examples by Sir WALTER&#13;
BESANT, 2nd Edition Price 1s, net.&#13;
11. PERIODICALS AND THEIR CONTRI-&#13;
BUTORS. Giving the Terms on which the&#13;
different Magazines and Periodicals deal with MSS. and&#13;
Contributions. Price 6d. net.&#13;
6. THE VARIOUS METHODS OF PUBLI 12. SOCIETY OF AUTHORS.&#13;
CATION. By S. SQUIRE SPRIGGE. In this&#13;
List of Members. Published October, 1907, price 6d. net.&#13;
work, compiled from the papers in the Society's offices,&#13;
the various forms of agreements proposed by Publishers 13. INTERNATIONAL COPYRIGHT CON-&#13;
to Authors are examined, and their meaning carefully&#13;
explained, with an account of the various kinds of fraud&#13;
VENTION AS REVISED AT BERLIN,&#13;
which have been made possible by the different clauses&#13;
1909. Price 1s. net&#13;
therein, Price 3snet.&#13;
7. ADDENDA TO THE ABOVE.&#13;
14. DRAMATIC AGENCY AGREEMENT.&#13;
3d, net.&#13;
By G. HERBERT THRING. Being additional facts&#13;
collected at the office of the Society since the publication&#13;
of the “Methods." With comments and advice. Price&#13;
15. LITERARY AGENCY AGREEMENT.&#13;
28. net.&#13;
3d, net.&#13;
[All prices net. Apply to the Secretary, 39, Old Queen Street, Storey's Gate, S.W.]&#13;
&#13;
&#13;
## p. 254 (#718) ############################################&#13;
&#13;
ADVERTISEMENTS.&#13;
SAVE YOUR NUMBERS carefully until the&#13;
- Volume is complete by using&#13;
THE AUTHOR”&#13;
MECHANICAL BINDER&#13;
THE COAL WAR.&#13;
OIL! OIL ! OIL !&#13;
Where to get it Within the Empire.&#13;
Read COO-EE'S “BLAIRS KEN.”&#13;
ROOM FOR MILLIONS.&#13;
(Symons' Patent).&#13;
Price 2/8 net.&#13;
This useful invention enables subscribers to bind up&#13;
number by number, the numbers of The Author as they are&#13;
published, and at the completion of the volume can be taken&#13;
off and sent to the book binder-leaving the Mechanical Binder&#13;
free for the next volume. Whether containing one number or&#13;
a complete volume it has the appearance of, and handles the&#13;
same as, an ordinarily bound book. It is the only method by&#13;
which The Author can be instantly bound with the same&#13;
facility as a single leaf, and there are no wires or elastic&#13;
strings to get out of order.&#13;
The whole invention is of English Manufacture. The&#13;
Cloth Covers are made by leading London Bookbinders, and&#13;
the Metal Fittings by a well-known West End Firm.&#13;
Should an accident cause any part of the mechanism to&#13;
break, it can be replaced by return of post at the cost of a few&#13;
pence.&#13;
A FEW PRESS OPINIONS.&#13;
ST. JAMES' BUDGET:-"The advantages of the Binder are so obvious ..."&#13;
LEEDS MEROCRY:"An ingenious and accommodating invention."&#13;
WESTMINSTER BUDGET:- The construction of the Binder is simplicity&#13;
itself, and is serviceable from beginning to end"&#13;
LITERARY WORLD :-"A clever device--so extremely simple and ensy&#13;
in applying."&#13;
SHEFFIELD DAILY TELEGRAPH :-“After use we can confidently&#13;
recommend."&#13;
Healthy, Happy, Industrial Homes for the Unemployed.&#13;
Read “COO-EE'S"&#13;
THE SILVER QUEEN.&#13;
London: JOHN OUSELEY, Ltd.&#13;
FRANK HENRY RICE,&#13;
Authors' Agent,&#13;
50, CHURCH STREET, NEW YORK.&#13;
Terms, 10 Per Cent.&#13;
No Reading Fee.&#13;
I do not Edit or Revise MS.&#13;
WITH THANKS FOR THE CARE AND ACCURACY YOU HAVE SHOWN."&#13;
THANKING YOU FOR ALL THE TROUBLE YOU TAKE."&#13;
Ertracts from Letters received.&#13;
The same care and trouble will be taken with your MSS. if placed with&#13;
THE PARLIAMENTARY AND GENERAL BUREAU LTD.,&#13;
&#13;
48/49, QUEEN ANNE'S CHAMBERS (Ground Floor),&#13;
Or with the Manageress: Miss F. R. SILVER&#13;
"TOTHILL STREET, WESTMINSTER, S.W.&#13;
(Private Address), 4, Stapleton Hall Road, Stroud Green, N.&#13;
who will be pleased to call at any address in London on receipt of postcard.&#13;
An Indispensable American Journal.&#13;
“Those who wish to know in a general way what is being done in the literary&#13;
world in America cannot do better than subscribe to THE DIAL, a semi-monthly&#13;
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is entitled to a place with the best that any country can produce. . . . We again&#13;
advise our readers who wish to keep the 100 millions of America in their eye to&#13;
watch THE DIAL.”—THE PUBLISHERS' CIRCULAR (London).&#13;
Specimen copies of THE DIAL, together with a special offer for trial subscription, will be&#13;
sent gratis to any reader of THE AUTHOR upon request.&#13;
“THE DIAL” COMPANY, 410, SOUTH MICHIGAN AVENUE, CHICAGO.&#13;
ADDRESS&#13;
&#13;
&#13;
## p. 255 (#719) ############################################&#13;
&#13;
The Author.&#13;
(The Organ of the Incorporated Society of Authors. Monthly.)&#13;
FOUNDED BY SIR WALTER BESANT.&#13;
VOL. XXII.—No. 10.&#13;
JULY 1, 1912,&#13;
[PRICE SIXPENCE.&#13;
TELEPHONE NUMBER :&#13;
374 VICTORIA.&#13;
TELEGRAPHIC ADDRESS :&#13;
AUTORIDAD, LONDON.&#13;
ADVERTISEMENTS,&#13;
As there seems to be an impression among&#13;
readers of The Author that the Committee are&#13;
personally responsible for the bona fides of the&#13;
adrertisers, the Committee desire it to be stated&#13;
that this is not, and could not possibly be, the case.&#13;
Although care is exercised that no undesirable&#13;
advertisements be inserted, they do not accept, and&#13;
never have accepted, any liability.&#13;
Members should apply to the Secretary for advice&#13;
if special information is desired.&#13;
NOTICES.&#13;
nor the opinions expressed in papers that are&#13;
signed or initialled the authors alone are&#13;
responsible. None of the papers or para-&#13;
graphs must be taken as expressing the opinion&#13;
of the Committee unless such is especially stated&#13;
to be the case.&#13;
THE SOCIETY'S FUNDS.&#13;
THE Editor begs to inform members of the&#13;
Authors' Society and other readers of The Author&#13;
that the cases which are quoted in The Author are&#13;
cases that have come before the notice or to the&#13;
knowledge of the Secretary of the Society, and that&#13;
those members of the Society who desire to have&#13;
the names of the publishers concerned can obtain&#13;
them on application.&#13;
IROM time to time members of the Society&#13;
desire to make donations to its funds in&#13;
recognition of work that has been done for&#13;
them. The Committee, acting on the suggestion&#13;
of one of these members, have decided to place&#13;
this perinanent paragraph in The Author in order&#13;
that members may be cognisant of those funds to&#13;
which these contributions may be paid.&#13;
The funds suitable for this purpose are: (1) The&#13;
Capital Fund. This fund is kept in reserve in&#13;
case it is necessary for the Society to incur heavy&#13;
expenditure, either in fighting a question of prin-&#13;
ciple, or in assisting to obtain copyright reform,&#13;
or in dealing with any other matter closely&#13;
connected with the work of the Society.&#13;
(2) The Pension Fund. This fund is slowly&#13;
increasing, and it is hoped will, in time, cover the&#13;
needs of all the members of the Society.&#13;
ARTICLES AND CONTRIBUTIONS.&#13;
THE Editor of The Author begs to remind&#13;
members of the Society that, although the paper&#13;
is sent to them free of cost, its production would&#13;
be a very heavy charge on the resources of the&#13;
Society if a great many members did not forward&#13;
to the Secretary the modest 5s. 6d. subscription for&#13;
the year.&#13;
Communications for The Author should be&#13;
addressed to the Offices of the Society, 39, Old&#13;
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reach the Editor not later than the 21st of each&#13;
month.&#13;
Communications and letters are invited by the&#13;
Editor on all literary matters treated from the&#13;
standpoint of art or business, but on no other&#13;
subjects whatever. Every effort will be made to&#13;
return articles which cannot be accepted.&#13;
THE PENSION FUND.&#13;
TN January the secretary of the society laid&#13;
I before the trustees of the Pension Fund the&#13;
accounts for the year 1911, as settled by the&#13;
accountants, with a full statement of the result of&#13;
the appeal recently made on behalf of the Fund.&#13;
After giving the matter full consideration the&#13;
trustees instructed the secretary to invest the sum&#13;
VOL. XXII.&#13;
pued.&#13;
*&#13;
2&#13;
&#13;
&#13;
## p. 256 (#720) ############################################&#13;
&#13;
256&#13;
THE AUTHOR.&#13;
The secretary would like to state that he has&#13;
received three bankers' orders in answer to the&#13;
recent appeal, unsigned, without any covering letter.&#13;
He would be glad, therefore, if those members who&#13;
may have sent in these orders, recognising them&#13;
from their description, would write to the secretary&#13;
on the matter.&#13;
Bankers' Order for 10s. drawn on the London,&#13;
County and Westminster Bank, Maidstone.&#13;
Bankers' Order for 10s. drawn on the National&#13;
Provincial Bank of England, Baker Street, W.&#13;
Bankers' Order for 5s. drawn on the London,&#13;
County and Westminster Bank, Kensington, W.&#13;
of £500 in the purchase of Antofagasta and&#13;
Bolivian Railway 5%. Preferred Ordinary Stock&#13;
and Central Argentine Railway Ordinary Stock.&#13;
The amounts purchased at the present prices are&#13;
£237 in the former and £232 in the latter stock.&#13;
The trustees desire to thank the members of the&#13;
society for the generous support which they have&#13;
given to the Pension Fund, and have much pleasure&#13;
in informing the Pension Fund Committee that&#13;
there is a further sum available for the payment of&#13;
another pension in case any application should be&#13;
made. The money now invested amounts to&#13;
£4,846 198. 4d., and is fully set out in the list&#13;
below :-&#13;
Consols 21% ...........................£1,312 13 4&#13;
Local Loans........&#13;
.......... 500 0 0&#13;
Victorian Government 3°%Consoli-&#13;
dated Inscribed Stock... ............ 291 19 11&#13;
London and North-Western 3%&#13;
Debenture Stock ......&#13;
250 0 0&#13;
Egyptian Government Irrigation&#13;
Trust 4% Certificates ...&#13;
200 0 0&#13;
Cape of Good Hope 31% Inscribed&#13;
Stock ....................&#13;
200 0 0&#13;
Glasgow and South-Western Railway&#13;
4. Preference Stock&#13;
228 0 0&#13;
New Zealand 31% Stock ....... 247 .9 6&#13;
Irish Land Act 27% Guaranteed&#13;
Stock ........&#13;
258 0 0&#13;
Corporation of London 21% Stock,&#13;
1927-57 ......&#13;
438 2 4&#13;
Jamaica 31% Stock, 1919-49 ...... 132 18 6&#13;
Mauritius 4° 1937 Stock ....&#13;
120 121&#13;
Dominion of Canada C.P.R. 31%&#13;
Land Grant Stock, 1938............ 198 3 8&#13;
Antofagasta and Bolivian Railway&#13;
5%. Preferred Stock .......&#13;
237 0 0&#13;
Central Argentine Railway Ordinary&#13;
Stock ...........&#13;
232 ( 0)&#13;
£&#13;
0&#13;
0&#13;
0&#13;
s. d.&#13;
5 0&#13;
5 0&#13;
5 0&#13;
༠ ༤་&#13;
(&#13;
༤་ ༠ ༠ ༤་&#13;
0&#13;
0&#13;
5&#13;
0&#13;
0 10&#13;
0&#13;
0&#13;
1&#13;
5&#13;
1&#13;
0&#13;
0&#13;
Subscriptions.&#13;
1912.&#13;
.&#13;
Jan. 1, Worsley, Miss Alice . .&#13;
Jan. 2, Sturt, George . . . .&#13;
Jan. 2, Wicks, Mark (in addition to&#13;
present subscription). .&#13;
Jan. 3, Northcote, The Rev. H.'. .&#13;
Jan. 3, Phipson, Miss E. (in addition&#13;
to present subscription) .&#13;
Jan. 3. Hedgcock, F. A. . . .&#13;
Jan. 5, Matcham, Mrs. Eyre ..&#13;
Jan. 8, Stayton, Frank .&#13;
Jan. 8, Canziani, Miss Estella .&#13;
Jan. 10, Ropes, d. R..&#13;
Jan. 12, Francis, René .. .&#13;
Jan. 15, Pollock, Miss Edith (in addi-&#13;
tion to present subscription)&#13;
Jan. 27, Hutchinson, the Rev. H. N. .&#13;
Feb. 7, L. M. F., per month during&#13;
1912&#13;
„ . . . .&#13;
Feb. 7, Letts, Miss W.M. . .&#13;
Feb. 8, Cooke, W. Bourne . . .&#13;
Feb. 8, Annesley, Miss Maude.&#13;
Feb. 9, O'Donnell, Miss Petronella .&#13;
March 6, Curwen, Miss Maud . .&#13;
March 6, Anderson, Arthur . .&#13;
March 15, George, W. L. (in addition&#13;
to present subscription).&#13;
April 6, Bland, J. 0. P.&#13;
April 6, Taylor, Mrs. Basil&#13;
.&#13;
April 6, Forrester, J. Cliffe. .&#13;
June 6, Probert, W. S. .&#13;
June 6, Wheelhouse, Miss M. V.&#13;
June 6, Acland, Mrs. C. 1). . .&#13;
June 6, Spurrell, Herbert (from 1912&#13;
to 1915).&#13;
· .&#13;
June 6. Spens. Archibald B. .&#13;
0&#13;
0&#13;
1 0&#13;
5&#13;
1 1&#13;
0 10&#13;
0 5&#13;
05&#13;
1 1&#13;
6&#13;
0&#13;
0&#13;
Total .......&#13;
.£4,846 194&#13;
010 0&#13;
()&#13;
0&#13;
PENSION FUND.&#13;
ēr er er&#13;
0&#13;
0&#13;
5&#13;
0&#13;
0&#13;
5&#13;
0&#13;
The list printed below includes all fresh dona-&#13;
tions and subscriptions (i.e., donations and&#13;
subscriptions not hitherto acknowledged) received&#13;
by, or promised to, the fund from January 1,&#13;
1912.&#13;
It does not include either donations given&#13;
prior to January 1, nor does it include sub-&#13;
scriptions paid in compliance with promises made&#13;
before it.&#13;
The full list of annual subscribers to the fund&#13;
appeared in the November issue of The Author.&#13;
Donations.&#13;
1912.&#13;
Jan. 2, Risque, W. H.&#13;
Jan. 2, Dart, Miss Edith ..&#13;
Jan. 3, “K.”&#13;
0 10 0&#13;
. 0 10 6&#13;
, 010 0&#13;
,&#13;
&#13;
&#13;
## p. 257 (#721) ############################################&#13;
&#13;
THE AUTHOR.&#13;
257&#13;
£ 8. d.&#13;
0 5 0&#13;
5&#13;
0&#13;
·&#13;
0&#13;
()&#13;
1&#13;
·&#13;
ce cometer errore&#13;
es el so ON&#13;
0&#13;
0&#13;
.&#13;
·&#13;
0&#13;
0&#13;
£ 8. d.&#13;
1 1 0 March 18, Schwarz, Prof. Ernest&#13;
05 () March 19, Wallace, Sir Donald Mac-&#13;
0 10 0&#13;
kenzie, K.C.V.O., .&#13;
1 0 0 March 21, Wbarton, Leonard . .&#13;
20 0 0 March 22, Holbach, Mrs. . .&#13;
1 1 0 March 23, Parks, H. C. . . .&#13;
0 5 0 March 25, Williams, Mrs. Illtyd . .&#13;
0 10 0 April 2, XX. Pen Club .&#13;
0 10 0 April 6, Taylor, Mrs. Basil . . .&#13;
10 0 April 6, Cameron, Mrs. Charlotte&#13;
0 0 April 10, Kenny, Mrs. L. M. Stacpoole&#13;
0 April 10, Robbins, Alfred F. .&#13;
0 5 0 April 10, Harris, Emma H. .&#13;
April 11, Ralli, C. Scaramanga . .&#13;
1 10 April 11, Aitken, Robert . . .&#13;
0 April 16, L. M. F. (£1 per month,&#13;
2 2 0&#13;
February, March, April)&#13;
0 April 22, Prior, Mrs. Melton . .&#13;
0 May 2, Baden-Powell, Miss Agnes&#13;
May 25, Koebel, W. H. . .&#13;
0 5 0 May 28, Harland, Mrs. Henry . .&#13;
1 1 0 May 28, Wood, Mrs. A. E.&#13;
0 5 0 June 4, Hornung, E. W. .&#13;
( 10 ) June 4, Ward, Dudley .&#13;
.&#13;
0 5 0 June 6, Worrall, Lechmere .&#13;
0 5 0 June 13, Robbins, Miss Alice E. .&#13;
..&#13;
19 orrererer&#13;
0&#13;
05&#13;
3 3&#13;
1 1&#13;
0&#13;
0&#13;
.&#13;
er ve BTN&#13;
3 0 0&#13;
0 10 6&#13;
05 0&#13;
0 10&#13;
( 10 0&#13;
0&#13;
.&#13;
0 19&#13;
5 0&#13;
.&#13;
0&#13;
0&#13;
1&#13;
5&#13;
5&#13;
1&#13;
0&#13;
0&#13;
0&#13;
.&#13;
5&#13;
0&#13;
Jan. 3, Church, Sir Arthur .&#13;
.&#13;
Jan. 3, Durrant, W. Scott .&#13;
Jan. 3, Tighe, Henry.&#13;
• .&#13;
Jan. 3, Grant, Lady Sybil . •&#13;
Jan. 4, Smith, Bertram&#13;
Jan. 4, Buckrose, J. E. .&#13;
Jan. 4, Lathbury, Miss Eva&#13;
:&#13;
Jan. 5, Wilson, Dr. Albert .&#13;
•&#13;
Jan. 5, Craven, A. Scott .&#13;
.&#13;
Jan. 6, Blundell, Miss Alice&#13;
Jan. 6, Garbutt, W. H. .. .&#13;
Jan. 6, Serjeant, Miss Constance&#13;
Jan. 9, Chamberlayne, Miss Effie&#13;
Jan. 9, Hamel, Frank&#13;
Jan. 10, Allen, W. Bird .&#13;
Jan. 10, Crellio, H. N. .&#13;
Jan. 10, Smith, Herbert W.&#13;
Jan. 12, Randall, F. J.&#13;
Jan. 13, P. H. and M. K. .&#13;
Jan. 15, Clark, Henry W...&#13;
Jan. 17, Rankin, Mrs. F. M. , .&#13;
Jan. 18, Paternoster, Sidney&#13;
.&#13;
Jan. 20, M‘Ewan, Miss Madge.&#13;
Jan. 22, Kaye-Smith, Miss Sheila .&#13;
Jan. 22, Mackenzie, Miss J. . .&#13;
Jan. 22, Reiss, Miss Erna . . .&#13;
Jan. 22, Grisewood, R. Norman .&#13;
Jan. 23, Machen, Arthur.&#13;
Jan. 24. Williamson, C. N. and Mrs. C. N.&#13;
Jan. 26, Way, Miss Beatrice .&#13;
.&#13;
Jan. 30, Saies, Mrs. Florence H. .&#13;
Jan. 30, Weyman, Stanley (in addition&#13;
to subscription) . .&#13;
Jan. 30, S. F. G. . .&#13;
.&#13;
Feb. 3, Douglas, James A. .&#13;
Feb. 6, Parker, Mrs. Nella .&#13;
Feb. 6, Allen, Mrs. James.&#13;
Feb. 10, Whibley, C. . .&#13;
.&#13;
Feb. 12, Loraine, Lady .&#13;
Feb. 12, Ainslie, Miss K. .&#13;
Feb. 12, King, A. R. . .&#13;
Feb. 13, Ayre, Miss G. B. .&#13;
Feb. 14, Gibson, Miss L. S.&#13;
Feb. 15, Henley, Mrs. W. E.&#13;
Feb. 15, Westall, W. Percival .&#13;
Feb. 17, Raphael, Mrs.&#13;
. .&#13;
Feb. 19, Cabourn, John .&#13;
Feb. 19, Gibbs, F. L. A. .&#13;
Feb. 21, Hinkson, H. A., and Mrs.&#13;
Feb. 24, Hamilton, Cosmo&#13;
Feb. 27, Plowman, Miss Mary .&#13;
Feb. 28, Aspinall, A. E. . .&#13;
March 2, Montesole, Max.&#13;
March 9, Pickering, Mrs. Frank .&#13;
March 15, Trevanwyn, John . .&#13;
March 16, O'Higgins, H. J. . .&#13;
March 18, Wallis-Healy, F. C. . :&#13;
1&#13;
5&#13;
0&#13;
0&#13;
1&#13;
5&#13;
5&#13;
8&#13;
0&#13;
0&#13;
0&#13;
6&#13;
COMMITTEE NOTES.&#13;
·&#13;
·&#13;
·&#13;
·&#13;
·&#13;
·&#13;
·&#13;
·&#13;
ܝܕ ܗܕܝܕܘܕ ܙ 5 ܙ ܙ&#13;
·&#13;
·&#13;
·&#13;
·&#13;
.&#13;
·&#13;
.&#13;
·&#13;
.&#13;
.&#13;
.&#13;
1 1 0 M HE June meeting of the Committee was held&#13;
1 1 0 1 at the offices of the Society, on Monday,&#13;
1 0 0&#13;
June 3. Again, there was a considerable&#13;
0 10 0 accession to the membership, 25 members and&#13;
0 associates being elected, bringing the total for the&#13;
0 10 6 current year up to 180—that is, an average of 30&#13;
0 per month for the first six months of the year.&#13;
0. There were seven resignations. The Committee&#13;
0 have to regret that this year there have been a&#13;
0 large number of resignations, but it is satisfactory&#13;
0 5 0&#13;
to note that these resignations are not due to any&#13;
1 1 0 lack of sympathy with the Society's work, and&#13;
0 5 0 that the members who have retired have made no&#13;
( 5 0 financial drain on the Society's resources-indeed,&#13;
0 5 0 in most cases, have received nothing beyond the&#13;
() 10 0 usual advice which can be obtained at the&#13;
1 1 0 Society's office.&#13;
The Society's solicitor gave a report of the cases&#13;
0 2 6 in his hands. One difficult matter between a&#13;
O member and a publisher, relating to a breach o?&#13;
6 contract by the latter had been settled, £15&#13;
0 10 0 having been paid to the author as damages. The&#13;
1 1 0 Secretary read a letter from the author in which&#13;
1 1 0 the author expressed his thanks to the Society for&#13;
0) 3 0 its assistance. A dispute which had ariser&#13;
.&#13;
.&#13;
--Eclerer&#13;
.&#13;
0&#13;
T&#13;
.&#13;
.&#13;
0 10&#13;
.&#13;
V&#13;
.&#13;
.&#13;
&#13;
&#13;
## p. 258 (#722) ############################################&#13;
&#13;
258&#13;
THE AUTHOR.&#13;
between two members of the Society, adjourned In another matter, arising out of a dispute on an&#13;
from the former meeting, was again adjourned agreement, it was decided by the Committee to&#13;
pending the receipt of some further material publish an article in The Author setting out the&#13;
information. A claim of one member which had dangers of the clause which the author had signed.&#13;
not been satisfied had, during the month, been Another difficult matter of accounts was before the&#13;
pressed, and the defendant thrown into bankruptcy, Committee. If it was impossible to come to a&#13;
but the Committee heard with regret that it was satisfactory settlement in this case they decided&#13;
improbable that any money would be forthcoming that the matter should be placed in the hands of the&#13;
In another difficult case between a member of the solicitors, and an accountant appointed to investigate&#13;
Society and a publisher on a question of accounts the publisher's books.&#13;
and the exact terms of a contract, the Committee The Committee received a deputation from the&#13;
strongly advised, as notice of termination of the Copyright Sub-Committee and the Composers' Sub-&#13;
contract had been given, that the publication Committee, with reference to an agreement which&#13;
should be transferred to another house, and had been settled between the Copyright Sub-&#13;
undertook to support the member in case of Committee and a firm of music publishers. An&#13;
further dispute. The solicitor reported that a article which appears elsewhere in this issue of&#13;
member, having entered into a contract for the The Author explains this matter.&#13;
publication of his work with a music publisher, The question of the collection of fees was then&#13;
had been met with a refusal on the part of the considered, and it was decided, subject to the&#13;
music publisher to carry out his contract. The possibility of obtaining a guarantee from members&#13;
Committee decided to take action. Another interested to cover expenses to start a collection&#13;
claim was discussed, which concerned a member bureau, not only for those authors who, under&#13;
and a company which had gone into liquidation their literary contracts, might desire this collec.&#13;
The solicitor reported that the matter was being tion, but also for dramatists and composers who&#13;
carried through, and that the member's interests desire their fees collected for the dramatic per-&#13;
would be watched closely. In another case a formances and for their mechanical rights. This&#13;
dispute had arisen owing to the fact that the branch of the Society's work will require preliminary&#13;
proprietors of a periodical, which had originally organization, and it may not be put into shape till&#13;
published a set of verses by one of the members, 1913. It is hoped, however, to make a start in&#13;
had granted rights of republication of the the autumn.&#13;
verses with music, to a music publisher. The The election to the Council was again adjourned,&#13;
member maintained, and the solicitor of the as also was the question of the Nobel Prize&#13;
Society advised, that the paper had transferred Committee, the adjournment in the latter case&#13;
rights which it did not hold, and the Committee being necessitated owing to the illness of the&#13;
decided, accordingly, to take action against the chairman of that committee, Lord Avebury.&#13;
publisher for infringement of copyright. The A letter from the Society's United States'&#13;
music publisher was, no doubt, an innocent lawyers, in regard to the conduct of legal business&#13;
infringer, but it was felt by the Committee that in the United States, was read, and the Secretary&#13;
the only way to impress upon the proprietors of was instructed to reply.&#13;
the periodical that they must not transfer rights The Committee acknowledged with pleasure, a&#13;
which they did not hold was to take action, though donation of 5s. from Mrs. Wentworth-James to the&#13;
against the innocent infringer, who, it is hoped, capital fund of the Society. The Secretary&#13;
will enforce a claim against the guilty party reported that G. N. Count Plunkett and Mr. R.&#13;
Some time ago the Society commenced an action, Denley James had joined the Society as life&#13;
on behalf of one of its members, for infringement members.&#13;
of copyright in Switzerland. The member having&#13;
to be examined in the English Court, under&#13;
commission, through the Foreign Office, it was&#13;
DRAMATIC SUB-COMMITTEE.&#13;
decided to brief counsel on his behalf. There The Dramatic Sub-Committee of the Society of&#13;
were two other cases of dispute on agreements, Authors met on Friday, June 21. After the&#13;
both dealing with performing rights. On the minutes of the previous meeting had been signed,&#13;
advice of the solicitor, as the cases seemed hardly the first matter laid before the members was the&#13;
matters for action, it was decided to negotiate a answer from the Society of the West End Managers,&#13;
settlement in each instance, if possible. The in regard to the Managerial Treaty which had&#13;
Committee decided also to take action for infringe- been settled by the joint action of the Dramatists'&#13;
ment of copyright in India on behalf of one of its Club and the Dramatic Sub-Committee. A draft&#13;
members, and the Secretary received instructions letter in reply was before the meeting, and finally&#13;
to put the case before the Society's Indian lawyers. was accepted with some slight alterations. The&#13;
&#13;
&#13;
## p. 259 (#723) ############################################&#13;
&#13;
THE AUTHOR. .&#13;
259&#13;
secretary was instructed to forward it to the Society article appears on another page. He also read a&#13;
as early as possible.&#13;
letter from the Music Publishers' Association about&#13;
The next question raised was the appointment of performing rights in answer to a communication&#13;
agents in foreign countries. The secretary read, addressed to them from the sub-committee, and he&#13;
letters he had received, and was instructed to reply, was instructed to reply thereto. The sub-committee&#13;
to the effect that it was hoped to discuss the matter then discussed an agreement proposed by the&#13;
in the autumn, when the sub-committee was meet- Mechanical Copyright Licences Company for the&#13;
ing again. The chairman of the sub-committee collection of gramophone fees. The secretary first&#13;
was granted powers to act during the vacation, and referred to the article that appeared in last month's&#13;
it was decided to re-assemble on the third Friday issue of The Author, and suggested that an article&#13;
in October.&#13;
should be printed in the present number dealing&#13;
Letters received from the French, German, and with the agreement now before the Composers' Sub-&#13;
American Dramatic Societies on the subject of cinema. Committee. After considerable discussion, it was&#13;
tograph productions and fees were read. The secre- decided to write to the agent of the company in&#13;
tary was instructed to obtain further information on England and enquire whether it would be possible to&#13;
the matter if possible, and it was decided to get one of discuss certain points in the agreement before it&#13;
the members of the sub-committee to draft a report was finally accepted or rejected. Accordingly, the&#13;
which might be circulated to the societies of other Committee went through the agreement, clause by&#13;
countries.&#13;
clause, and the secretary was instructed to draft a&#13;
A letter received from the Travelling Theatre letter embodying the suggestions of the sub-&#13;
Managers' Association was read and the secretary committee on the agreement.&#13;
was instructed to reply, asking them what financial It was decided to hold the next meeting of the&#13;
terms they proposed to offer on performances, and sub-committee on July 13—the last meeting before&#13;
whether they would undertake the responsibility the vacation.&#13;
and expense of collection.&#13;
At the May meeting of the sub-committee, the&#13;
secretary had been instructed to enquire of&#13;
Cases.&#13;
certain dramatists, members of the society for The number of cases which passed through the&#13;
particulars of their fees for the confidential con- hands of the secretary during the last month is con-&#13;
sideration of the sub-committee, with a view to siderably above the average. None of them is of&#13;
enable them to settle a schedule of fees. The very great importance, most of them being small&#13;
answers to these enquiries were laid before the sub- claims for unpaid contributions and for the return&#13;
committee, showing how freely and courteously of MSS. Of the former twelve claims have been&#13;
members had responded to the sub-committee's taken in hand ; two of these have been terminated&#13;
request. It was decided that these replies should satisfactorily, four are in course of negotiation, and&#13;
be tabulated and copies forwarded to the members in the remaining six cases the secretary's letters are&#13;
of the sub-committee, in confidence, and for so far unanswered, but three of them have only&#13;
consideration by them at a later meeting.&#13;
recently come into the office.&#13;
A letter received from Messrs. Samuel French, Three of the unsettled claims have been against&#13;
in answer to a communication addressed to that one paper, and the secretary has received note of&#13;
firm by the sub-committee, from the last meeting two more claims against the same paper.&#13;
was read.&#13;
Under the claims for money that have pressed&#13;
during the last month, one point of importance&#13;
has arisen. It is a point of importance to all&#13;
COMPOSERS' SUB-COMMITTEE.&#13;
authors. Three editors have claimed exemption&#13;
A MEETING of the Composers' Sub-Committee from payment until the work accepted is published.&#13;
was held at the Society's offices on Saturday, In one of these cases the work has been in the&#13;
June 15. After the minutes of the previous meet- editor's hands for over a year. Of course, this&#13;
ing had been signed, the secretary reported that the position is untenable. As soon as an MS. is&#13;
Committee of Management had taken up a case, accepted the money is due. It is true that authors&#13;
which had been recommended to them by the sub- sometimes waive their right to claim for the con-&#13;
committee, against a publisher for non-fulfilment venience of the editor until the work is published,&#13;
of contract. The secretary also reported that but it is equally true that they could bring an&#13;
the Committee of Management had decided to action for the amount due if they desired to do so.&#13;
print an article in The Author dealing with Even if an editor in his contract stipulates that&#13;
Messrs. Curwen's agreement, which had been the work shall be paid for on publication, this does&#13;
settled between the Copyright Sub-Committee and not mean that he would be legally entitled to delay&#13;
Messrs. Curwen, and been finally approved. This the publication indefinitely. Editors should carry&#13;
&#13;
&#13;
## p. 260 (#724) ############################################&#13;
&#13;
260&#13;
THE AUTHOR.&#13;
through their duties in a more businesslike manner Hughes, Rupert . . Bedford Hills, New&#13;
and save themselves and the authors endless&#13;
York, U.S.A.&#13;
trouble and worry. It is needless to say, however, Jenkins, Herbert . 12, Arundel Place,&#13;
that this excuse for delay in payment does not&#13;
Haymarket, S.W.&#13;
arise in the case of first-class journals, though there Knight, William Stanley 8, King's Bench Walk,&#13;
are even exceptions to this rule.&#13;
Macbean .&#13;
Temple.&#13;
There have been seven claims for the return of Liddle, Samuel . . 55, Ordnance Roail, St.&#13;
MSS. Of these four have been satisfactorily&#13;
John's Wood, N.W.&#13;
settled, the other three still being in the course of McComas, Miss I. V. Feniton, Farnborough,&#13;
negotiation.&#13;
(H. B. Somerville)&#13;
S.O., Kent.&#13;
In one claim for accounts and money the pub- Nightingale, L. H. Shore.&#13;
lisher has rendered the accounts and the amount Rimmer, Oswald . . 76, Grafton Street,&#13;
has been agreed, but the cheque has not yet come (Quirote Shades)&#13;
Fitzroy Square, W.&#13;
to hand.&#13;
Spens, Archibald B. . Caledonian Club, St.&#13;
Of three claims for accounts two have been&#13;
James', S.W.&#13;
closed, and in the third, although another question Stokes, Hubert . . c/o R. Bleazby C. E.,&#13;
which has arisen in the dispute has been dealt with,&#13;
Richardson Avenue,&#13;
the accounts are not yet to hand. The matter may&#13;
Claremont, West&#13;
have to be transferred to the solicitors.&#13;
Australia. .&#13;
Another matter, involving the closing up and Spurrell, Herbert . . Ivy Cottage, Heavi-&#13;
cancellation of an agreement has been carried&#13;
tree, Exeter.&#13;
through.&#13;
Thompson, Fred . . 5E, Portman Mansions,&#13;
The last case, a dispute about translation rights,&#13;
Baker St., W.&#13;
is still open, and it may take a little time to com Tragett, Mrs. B. C.. . 63, Wynnstay Gardens,&#13;
plete, as both the author and the translator live (largaret Larminie) Kensington, W.&#13;
abroad.&#13;
Wavell, A. J. B. . . 7, Egerton Gardens,&#13;
Of the disputes left open from last month, one,&#13;
S.W.&#13;
referring to a claim for money from the United Wheelhouse, Miss M. V. . 3, Pomona Studios,&#13;
States, has been settled ; four cases have had to be&#13;
111, New King's&#13;
put into the hands of the solicitors, two dealing&#13;
Road, S.W.&#13;
with the rendering of accounts, one with a lost MS., Whetham, Mrs. W.C. D.. Upwater Lodge, Cam-&#13;
and one with the infringement of copyright. In&#13;
bridge,&#13;
another case an accountant has been appointed to Worrall, Lech mere. Blenheim Mansions,&#13;
check the accounts, and in another matter dealing&#13;
Queen Anne's Gate,&#13;
with the return of a MS. the author has to wait&#13;
S.W.&#13;
owing to the absence of the editor in whose&#13;
possession the MS. is.&#13;
It is possible that some of the claims for money&#13;
that have come in this month will have to be placed&#13;
in the solicitors' hands. Of these cases there can&#13;
BOOKS PUBLISHED BY MEMBERS.&#13;
be no report until the October issue, as the maga-&#13;
zine is not published during the months of August&#13;
WHILE every effort is made by the compilers to keep&#13;
and September.&#13;
this list as accurate and exhaustive as possible, they have&#13;
some difficulty in attaining this object owing to the fact&#13;
Elections.&#13;
that many of the books mentioned are not sent to the cffice&#13;
by the members. In consequence, it is necessary to rely&#13;
Acland, Mrs. Theodore 19, Bryanston Square,&#13;
largely upon lists of books which appear in literary and&#13;
other papers. It is hoped, however, that members will&#13;
W.&#13;
(C.C.G.)&#13;
co-operate in the compiling of this list and, by sending&#13;
Ash, Edwin Lancelot , 56, Seymour Street, particulars of their works, help to make it substantially&#13;
Portman Square, W. accurate.&#13;
Blane William, M.I.M.E., Constitutional Club,&#13;
ART.&#13;
M.I.Mech.E. .&#13;
W.C.&#13;
ONE HUNDRED FAMOUS PAINTINGS. Reproduced in&#13;
Davis, Mrs. Ruth Helen. 11, East 79th Street, Colour, with an Introduction by G. K. CHESTERTOX.&#13;
New York City. Part I. 152 x 111. Four Plates. Cassell. 7d. n.&#13;
Hudson, Robert . . “Sea View," Ryhope,&#13;
Sunderland.&#13;
BIOGRAPHY.&#13;
Gray, Wilson . . .“ Ravensmere," Has MANY CELEBRITIES AND A FEW OTHERS. By W. H.&#13;
socks, Sussex.&#13;
RIDEING. 93 x 67. 335 pp. Nash. 108. 6d. n.&#13;
&#13;
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## p. 261 (#725) ############################################&#13;
&#13;
THE AUTHOR.&#13;
261&#13;
BRIGHT SHAME. By KEIGHLEY SNOWDEN. 74 x 5.&#13;
276 pp. Stanley Paul &amp; Co. 6s.&#13;
How 'Twas. Short Stories and Small Travels. By&#13;
STEPHEN REYNOLDS. 8 x 51. 382 pp. Macmillan.&#13;
58. n.&#13;
COOKERY.&#13;
LETTERS TO YOUNG HOUSEKEEPERS. By MARIE DE&#13;
JONCOURT (MRS. W. PHIPSON BEALE). 71 x 5.&#13;
133 pp. Paper covers, 18.; cloth, ls. 6d. Kegan&#13;
Paul &amp; Co.&#13;
DRAMA.&#13;
IRISH FOLK-HISTORY PLAYS. By LADY GREGORY.&#13;
First Series. The Tragedies Grania Kincora, Dervorgilla.&#13;
Second Series, the Tragic-Comedies The Canavans, The&#13;
White Cockade, The Deliverer. 71 X 5. 207 + 198 pp.&#13;
2 Vols. Putnam. 10s, n.&#13;
JOYZELLE. By MAURICE MAETERLINCK. Translated by&#13;
ALEXANDER TEIXEIRA DE Mattos. 64 X 41. 168 pp.&#13;
Allen. 28. 60, n.&#13;
LOVE--AND WHAT THEN. By B. MACDONALD HASTINGS.&#13;
7 X 4f. 94 pp. Sidgwick &amp; Jackson. ls. 1.&#13;
THE LAND OP HEART'S DESIRE. By W. B. YEATS,&#13;
Vol. II. of Dublin Plays. 74 x 5.45 pp. Fisher.&#13;
Unwin. ls. n.&#13;
PATRIOTS. By LENNOX ROBINSON. 49 pp. Dublin :&#13;
Maunsel, 18. n.&#13;
EDUCATIONAL.&#13;
PUBLIC SCHOOLS AT A GLANCE. Part I. (Boarding&#13;
Schools at £80 a Year and Over). A Guide for Parents&#13;
and Guardians in Selecting a Public School for their&#13;
Boys. Edited by MRS. BEVERLEY USSHER. The&#13;
Association of Standarised Knowledge, 15, Buckingham&#13;
Street, Adelphi, W.C.&#13;
THE CAILD'S PRIMER OF THE THEORY OF MUSIC. By&#13;
C. A. WEBSTER. New and Revised Edition. 70 pp.&#13;
Norello. 18. n.&#13;
THE LIVING PLANT FROM SEED TO FRUIT. By ALFRED&#13;
E. KNIGHT and EDWARD STEP, F.L.S. A Fully Illus-&#13;
trated re-issue in eighteen 7d. parts, of the Author's&#13;
Work, “ The Living Plant.” Hutchinson.&#13;
FICTION.&#13;
EVE: AN INCIDENT OF PARADISE REGAINED. By&#13;
MAARTEN MAARTENS. 7} * 5. 359 pp. Constable.&#13;
68.&#13;
PHRYNETTE MARRIED. By MARTHE TROLY.CURTIN.&#13;
73 x š. 313 pp. Grant Richards. 68.&#13;
THROUGH THEİVORY GATE. By REGINALD FARRER.&#13;
74 x 5. 296 pp. F. Palmer. 68.&#13;
NIGHTS AND DAYS. By MAUD ANNESLEY. 73 x 57.&#13;
308 pp. Mills &amp; Boon. 68.&#13;
ANNE OF THE BARRICADES. By S. R. CROCKETT. 78 X&#13;
5. 312 pp. Hodder &amp; Stoughton. 68.&#13;
IMPERTINENT REFLECTIONS. By Cosmo HAMILTON.&#13;
77 x 5. 339 pp. Stanley Paul. 28.&#13;
THE SPINSTER. By HUBERT WALES. 7) X 5. 320 pp.&#13;
John Long. 6s.&#13;
PRINCE AND PRIEST. By BERYL SYMONS. 74 x 5.&#13;
-&#13;
319 pp. Stanley Paul. 68.&#13;
SAVE US FROM OUR FRIENDS. By WILLIAM CAINE.&#13;
74 x 43.320 pp. Greening. 68.&#13;
THE LAST RESORT. By H. F. PREVOST BATTERSBY.&#13;
7} x 5. 320 pp. John Lane. 68.&#13;
ORDINARY PEOPLE. By UNA L. SILBERRAD. 6 X 44.&#13;
378 pp. Nelson. 7d. n.&#13;
THE UNCOUNTED Cost. By MARY GAUNT. 74 x 49&#13;
290 pp. Werner Laurie. 18. n.&#13;
THE ADVANCED GUARD. By S. C. GRIER. (Cheap&#13;
Reprint.) 74 x 5. 332 pp. Blackwoods. 18. n.&#13;
HYPOCRITES AND SINNERS. By VIOLET TWEEDALE&#13;
64 X 4. 318 pp. John Long. 6d. n.&#13;
THE GREY TERRACE. By MRS. FRED REYNOLDS. 73 x 5.&#13;
320 pp. Chapman &amp; Hall. 68.&#13;
EXOTIC MARTHA. By DOROTHEA GERARD. 78 x 5.&#13;
335 pp. Stanley Paul. 68.&#13;
OUT OF THE WRECK I RISE By BEATRICE HARRADEN.&#13;
71 x , 383 pp. Nelson. 28. n.&#13;
PILLARS OF SMOKE. By MRS. STANLEY WRENCH,&#13;
74 X 5. 320 pp. John Long. 6s.&#13;
THE SEA DEVILS. By John BLOUNDELLE BURTON.&#13;
8 X 5. 310 pp. F. V. White. 68.&#13;
MAN IS FIRE; WOMAN IS Tow, AND OTHER STORIES.&#13;
By HELEN MATHERS. 71 x 5. 318 pp. Jarrold.&#13;
68. n.&#13;
THE CONSIDINE LUCK. By H. A. HINKSON. 73 x 57.&#13;
Stephen Swift.&#13;
His LITTLE GIRL. By L. G. MOBERLY. 74 * 5.&#13;
296 pp. Ward, Lock.&#13;
THE DAUGHTER OF BRAHMA. By I. A. R. WYLIE.&#13;
73 x 5. 400 pp. Mills &amp; Boon. 68.&#13;
BRASS Faces. By CHARLES McEvoy. 78 x 5. 296 pp.&#13;
Stanley Paul. 68.&#13;
JESSIE BAZLEY. By BERNARD CAPES. 74 x 48.&#13;
304 pp. Constable. 68.&#13;
The GREEN OVERCOAT. By HilAIRE Belloc. 7} 5.&#13;
333 pp Arrowsmith. 68.&#13;
THE WOMAN BETWEEN. By EDMUND BOSAN QUET.&#13;
8 x 5. 320 pp. John Long. 6s.&#13;
HESTER TREFUSIS. By EFFIE ADELAIDE ROWLANDS.&#13;
78 x 5. 340 pp. Hurst &amp; Blackett. 68.&#13;
THE HISTORY OF MR. POLLY. By H. G. WELLS.&#13;
64 x 47. 274 pp. Nelson's Sevenpenny Library.&#13;
THE WOMAN IN THE FIRELIGHT. "By OLIVER SANDYS.&#13;
7 x 43. 283 pp (Popular Edition.) John Long.&#13;
18. n.&#13;
LAW.&#13;
THE GENIUS OF COMMON LAW. By THE RIGHT HONBLE.&#13;
Sir FREDERICK POLLOCK, BART.&#13;
THE LAW OF TORTS.&#13;
THE LAW OF TORTS. BY THE RIGHT Hon. SIR&#13;
BY THE&#13;
FREDERICK POLLOCK, BART., D.C.L. Ninth Edition.&#13;
84 x 54. 716 pp. Stevens &amp; Sons. 258.&#13;
A SHORT HISTORY OF ENGLISH LAW. By EDWARD&#13;
JENKS. Principal and Director of Legal Studies of the&#13;
Law Society. 9 * 5. 396 pp. Methuen. 108. 6d. n.&#13;
LITERARY.&#13;
HENRIK IBSEN. A Critical Study. By R. Ellis ROBERTS.&#13;
9 x 6. 205 pp. Martin Secker. 78. 6d. n.&#13;
THE FOUR MEN. A Farrago. By HILAIRE BELLOC.&#13;
7 x 5. 310 pp. Nelson. 28. n.&#13;
THE THREE BRONTES. By MAY SINCLAIR. 87 X 51.&#13;
257. Hutchinson bien&#13;
HIEROGLYPHICS. A note upon Ecstacy in Literature.&#13;
By ARTHUR MACHEN. Ï x 41. 202 pp. (New&#13;
Edition.) Martin Secker. 2s.6d, n.&#13;
MILITARY.&#13;
British BATTLES : WATERLOO. By HilAIRE BELLOC.&#13;
64 X 44. 206 pp. S. Swift. 1s. n.&#13;
MISCELLANEOUS.&#13;
THE HANDBOOK FOR GIRL GUIDES, OR How GIRLS CAN&#13;
HELP BUILD THE EMPIRE. By AGNES BADEN-POWELL.&#13;
in Collaboration with LIEUT.-GENERAL SIR ROBERT&#13;
BADEN-POWELL, K.C.B. 67 x 41. 472 pp. Nelson.&#13;
18. n.&#13;
THE OCCULT SIGNIFICANCE OF Blood. An Esoteric&#13;
Study. By RUDOLF STEINER, PH.D, Vienna 7 x 4!.&#13;
48 pp. T. P. S. 6d, n.&#13;
08.&#13;
&#13;
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## p. 262 (#726) ############################################&#13;
&#13;
262&#13;
THE AUTHOR. .&#13;
MUSIC.&#13;
FIRST SUITE FOR PIANOFORTE, OP. 16. i. Prelude,&#13;
D Flat ; ii. Berceuse ; iii. Scaramouche (Tarantella). By&#13;
THEODORE HOLLAND, John Church Co.&#13;
VALSE 6 ASPHODEL." By THEODORE HOLLAND. John&#13;
Church Co.&#13;
MIGNONETTE. Dance Intermezzo, for Pianoforte or&#13;
Orchestra. By THEODORE HOLLAND. John Church Co.&#13;
THE WESTMINSTER HYMNAL. The Music Edited by&#13;
R. R. TERRY, 8 X 6. 410 pp. Washbourne. 38. 6d. n.&#13;
THEOLOGY.&#13;
THE HONOUR OF HIS NAME. By SIR ROBERT ANDERSON,&#13;
K.C.B. 8 X 57. 39 pp. Nisbet. 28. 6d.&#13;
MIRACLE AND HISTORY: A STUDY IN THE VIRGIN BIRTH&#13;
AND THE RESURRECTION. By the Rev.John HUNTLEY&#13;
SKRINE, D.D., Vicar of St. Peter-in-the-East, Oxford&#13;
• Bampton Lecturer in 1911. 8vo. 48 pp. Messrs. Long.&#13;
mans &amp; Co. Paper covers, 18. n.; cloth, 28. n.&#13;
NATURAL HISTORY.&#13;
WILD FLOWERS OF THE HEDGEROW. 93 pp. WILD&#13;
FLOWERS OF THE Woon, 95 pp. (WILD FLOWERS IN&#13;
THEIR HOMES.) By W. P. WESTELL. Illustrated by&#13;
C. F. NEWALL. Werner Laurie. 18, n.&#13;
A HISTORY OF BRITISH MAMMALS. By G. E. H.&#13;
BARRETT-HAMILTON. Part XI. June 1912. 10 X 6.&#13;
217—264 pp. Gurney &amp; Jackson. 28, 60, n.&#13;
TOPOGRAPHY.&#13;
THE ROYAL HOSPITAL AT CHELSEA. By LIEUT.-COL.&#13;
NEWNHAM-DAVIS. 98 x 74. 32 pp, Raphael Tuck.&#13;
18.&#13;
TRAVEL.&#13;
THROUGH GREECE AND DALMATIA. A Diary of Impres-&#13;
sions Recorded by Pen and Picture. By MRS. RUSSELL&#13;
BARRINGTON. 8.1 x 54. 263 pp. Black. 78. 60, n.&#13;
OUTFIT AND EQUIPMENT FOR THE TRAVELLER,&#13;
EXPLORER AND SPORTSMAN. Edited by E. A.&#13;
REYNOLDS BALL. Contributions from Sir Harry&#13;
Johnston, Douglas Sladen, “Wirt Gerrare," Ralph&#13;
Durand and others. Reynolds Ball's Guides, 27, Chancery&#13;
Lane, W.C.&#13;
ORIENTAL.&#13;
BURNING AND MELTING. Being the Sūz-u-Gudāz of&#13;
Muhammad Rizā Nau'i of Khabūshān. Translated into&#13;
English by MIRZA Y. DAWUD, of Persia, and ANANDA&#13;
K. COOMA RASWAMY, of Ceylon. The Story of a Hindu&#13;
Sati, in the Reign of Akbar. With three collotype&#13;
reproductions from an MS. in the British Museum.&#13;
8 X 51. Scarlet silk. Luzac. 68.&#13;
LITERARY, DRAMATIC, AND MUSICAL&#13;
NOTES.&#13;
PHILOSOPHY.&#13;
THE GATES OF KNOWLEDGE. By RODOLF STEINER,&#13;
Ph.D.Vienna. 78 X 5. 194 pp. Theos. Publ. Soc.&#13;
38. 6d. n.&#13;
POETRY.&#13;
THE LURE OF THE SEA. By J. E. PATTERSON. 9 x 58.&#13;
102 pp. Heinemann. 58. n.&#13;
VERSES BY THE WAY. By M. H. BOURCHIER. 58 pp.&#13;
Elkin Mathews,&#13;
THE CAP OF CARE. By JAMES E. PICKERING. 64 pp.&#13;
Fifield.&#13;
PHILISTIA AND A SOUL. A Poem by ALFRED E. KNIGHT.&#13;
338 pp. Macmillan &amp; Co.&#13;
THE WIDOW IN THE BYE STREET. By JOHN&#13;
MASEFIELD, 74 x 43. 97 pp. Sidgwick &amp; Jackson.&#13;
38. 6d. n.&#13;
POLITICAL&#13;
THE GROWTH OF FREEDOM. By H. W. NEVINSON.&#13;
94 pp. 64 X 41. Jack. 6d. n.&#13;
TRIPOLI AND YOUNG ITALY. By CHAPWORTH, in&#13;
Collaboration with Miss HELEN ZIMMERN. 87 x 53.&#13;
347 pp. S. Swift.&#13;
THE GREAT STATE ESSAYS IN CONSTRUCTION. By H. G.&#13;
WELLS, FRANCES EVELYN WARWICK, L. G. CHIOZZA-&#13;
MONEY AND OTHERS. 74 X 5. 379 pp. Harper. 68.&#13;
M ESSRS. MACMILLAN &amp; CO. have published&#13;
a second edition of " Aristotle's Constitu-&#13;
tion of Athens,” by Sir John Edwin Sandys,&#13;
Litt.D., F.B.A. The text, critical notes, testimonia&#13;
and commentary have been carefully revised, need.&#13;
less repetitions removed, and supplementary notes&#13;
inserted. About fifteen pages have thus been&#13;
added to the commentary and about the same&#13;
number to the Greek index. The introduction has&#13;
also been revised and supplemented. It ends with&#13;
an enlarged bibliography, showing that, since the&#13;
publication of the previous edition, the number of&#13;
writers of scattered articles on the text or subject-&#13;
matter has risen from 135 to 240.&#13;
“ The Lover's Calendar," compiled by Mrs. H.&#13;
Havelock Ellis, was published last month by&#13;
Mosors Koron Paul&#13;
Messrs. Kegan Paul &amp; Co.&#13;
Mr. Wynford Dewhurst has received intimation&#13;
from the Ministry of Fine Arts, Paris, of the&#13;
purchase by the French Government of one of his&#13;
pictures for the Luxemburg Gallery. It is a land-&#13;
scape with figures, and has been on view at the&#13;
Duand-Ruel Galleries, Paris.&#13;
The lecture on “ How to use the British Museum&#13;
Reading Room,” delivered on several occasions&#13;
during 1911-12 at the Museum by Mr. R. A.&#13;
Peddie, has now been revised and enlarged for&#13;
noblimation and will he jeened hr Mosors Crofton&#13;
publication, and will be issued by Messrs. Grafton &amp;&#13;
Co., 69, Great Russell Street, London, W.C., before&#13;
the end of the month in popular book form.&#13;
REPRINTS.&#13;
JUDE THE OBSCURE. 494 pp. THE RETURN OF THE&#13;
NATIVE. 485 pp. The Wessex Edition of the Works of&#13;
Thomas Hardy. 9 x 54. Macmillan. 78. 6d. n. each.&#13;
THE WAY OF INITIATION ; OR, HOW TO ATTAIN KNOW-&#13;
LEDGE OF THE HIGHER WORLDS. With a foreword&#13;
by ANNIE BESANT and some biographical notes of the&#13;
author by EDOUARD SCHURÉ ; RUDOLF STEINER, PH.D.,&#13;
Vienna." Third Edition. 78 x 5. 237 pp. Theos.&#13;
Publ. Soc. 38. 6d. n.&#13;
&#13;
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## p. 263 (#727) ############################################&#13;
&#13;
THE AUTHOR.&#13;
263&#13;
Mrs. Stanley Wrench's new novel “ Pillars of its ancient monuments and modern scenes, from&#13;
Smoke” was published last month by Messrs. John the aesthetic and picturesque side, rather than the&#13;
Long. It is a story of a woman's love and sacri- archaeologist or “guide-book ” point of view. The&#13;
fice, and in it the homely folk of the Midlands are object of the author has been to bring out the&#13;
sympathetically portrayed.&#13;
relation of Egyptian to other ancient and modern&#13;
Mr. Edward Booth has just completed a new art in a general sense, and to make a living record&#13;
novel which Mr. Arnold is to publish. The scene of what he has seen rather than a mere catalogue&#13;
is principally laid at a popular seaside resort called of dates and sites ; it is really a series of&#13;
“Spaforth.”&#13;
vivid impressions of much that is interesting,&#13;
Captain Harry Graham, author of “ The Perfect both old and new, in a singularly interesting&#13;
Gentleman," lately published by Mr. Edward country.&#13;
Arnold, wishes to point out that Mr. Somerset A translation into Swedish of Mr. W. L. George's&#13;
Maugham's new play of the same name is not a “A Bed of Roses" was this month issued by&#13;
dramatised version of his work, but is founded on Gebers, of Stockholm. Mr. George's first book,&#13;
Molière's play “ Le Bourgeois Gentilhomme." “Engines of Social Progress," has been sold to the&#13;
“ The Memoirs of Babur,” a new translation of Japanese Government to be translated and made a&#13;
the Babur-nama, incorporating Leyden and text book for their local authorities.&#13;
Erskine's of 1826 A.D., by Annette S. Beveridge, is Mr. J. C. Wright, author of “In the Good old&#13;
announced by Messrs. Luzac &amp; Co. This book Times," is publishing through Messrs. Headley&#13;
has been prepared because the earlier English Bros. a collection of articles that have appeared&#13;
translation (out of print) can now be revised by from time to time in well-known journals. The&#13;
the help of the Haidarabad Codex. It is hoped to title of the book will be “Life's Many Colours.”&#13;
follow it by an imprint of the Turki text, and thus A little book, with illustrations, compiled by&#13;
to facilitate the study of Turki in one of its classics. Miss Agnes Baden-Powell entitled “How Girls can&#13;
It is planned to include an introduction, notes, help Build up the Empire" (a concise course of&#13;
index and maps.&#13;
character training for girls of all classes), is now&#13;
Messrs. Lynwood &amp; Co., 12, Paternoster Row, ready and can be obtained from the Secretary,&#13;
have published “The Searchlight on the Throne," Girls' Guides Headquarters, 116, Victoria Street,&#13;
by A Peeress. The tale is a sequel to “ The S.W.&#13;
Shadow on the Purple," by the same author, Mrs. Theodore Bent and Mrs. Hobson, the wife&#13;
published by the same firm, and now in its fourth of the Rev. Chancellor Hobson, have devised a&#13;
edition.&#13;
series of maps for Bible teaching, which are being&#13;
Miss K. Everest's book of poems, “ The Dreaming published by Messrs. Keith Johnson. Instead of&#13;
Antinous," has been graciously accepted by Her all the names and boundaries mentioned being all&#13;
Majesty the Queen.&#13;
on one map, to the confusion of the scholars a&#13;
Mr. Arthur Dillon has aaded a satyric play to different map is used for each period, and the maps&#13;
his trilogy which Mr. Elkin Mathews is bringing can be bought fir 1s. each, separately, as wanted.&#13;
out; thus expanding his book to a complete They are 30 by 40 inches. In fact, they are&#13;
tetralogy, and attempting the full dramatic form of wonderfully cheap and distinctly printed, and will&#13;
the ancients.&#13;
prove invaluable in schools.&#13;
Mr. Rene Francis has just published “The “In the Footsteps of Richard Cæur de Lion "&#13;
Temptation of St. Anthony," and “ Egyptian is the title of a new book by Maude M. Holbach&#13;
Aesthetics," the first through Duckworth &amp; Co., (the author of “ Dalmatia - the Land where&#13;
and the second through Martin Secker.. The East meets West") just published by Messrs.&#13;
* Temptation " is a translation of Flaubert's well- Stanley Paul. Mrs. Holbach visited Palestine last&#13;
known work, but Mr. Francis has chosen the year with her husband to scudy the scenes of the&#13;
1849-1856 version, which was never published Third Crusade, and the volume is illustrated with&#13;
even in the original until 1908. This version has photographs by Mr. Holbach, and has a photo-&#13;
a special interest for Flaubertists in that it marks gravure frontispiece from the portrait of Richard at&#13;
what we may almost call the pre-Flaubert period. It South Kensington. The publication of this book&#13;
is in most striking contrast to the 1874 edition. The coincides with the winning of the Newdigate Prize&#13;
volume is precedel by a preface from the pen of by a poem on “ Richard I. before Jerusalem," by&#13;
Sir Gaston Maspero, also by an introduction by Wiliam Chase Greene, an American Rhodes scholar.&#13;
Monsieur Louis Bertrand, who edited the original; Another result of Mr. and Mrs. Holbach's visit to&#13;
it has notes by the translator and very full Palestine will be the publication a little later on&#13;
appendices of the authorities consulted by Flaubert by Messrs. Kegan Paul &amp; Co. of a book on “ Bible&#13;
in the prepararion of his book. The Egyptian Ways in Bible Land,” which is their joint&#13;
book is the result of several years' study of Egypt, work.&#13;
&#13;
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## p. 264 (#728) ############################################&#13;
&#13;
264&#13;
THB AUTHOR.&#13;
DRAMATIC.&#13;
Mr. Kineton Parkes has dramatised an episode&#13;
in his North Staffordsbire novel of seventy years&#13;
ago, “ Potiphar’s Wife.” The play is in one act, and&#13;
bears the same title as the story. Mr. Wilfrid&#13;
Eaton, who knows the North Staffordshire dialect,&#13;
customs and scenery well, intends to produce the&#13;
play in London shortly.&#13;
Sir Arthur Pinero's farcical romance “ The&#13;
Amazons ” was revived on June 14, 1912. It&#13;
is some twenty years ago since the date of the&#13;
original production of this piece. In the present&#13;
cast are Mr. Weedon Grossmith, Mr. Godfrey&#13;
Tearle. Mr. Dion Boucicault. Miss Pauline Chase.&#13;
and Miss Marie Löhr.&#13;
“Ann" by Lechmere Worrall was produced at&#13;
the Criterion on June 18. Ann is a transatlantic&#13;
lady journalist, and the main interest of the play&#13;
is her pursuit of a noted author, whom she&#13;
eventually brings down, after detaching him from&#13;
the lady to whom. more to oblige his parents than&#13;
for any other reason, he has become engaged&#13;
. The cast includes Mr. E. Holman Clark. Miss&#13;
Fay Davis, and Miss Renée Kelly.&#13;
PARIS NOTES.&#13;
Messrs Stanley Paul &amp; Co., published last month&#13;
Mr. Charles McEvoy's first novel “ Brass Faces."&#13;
Wladimia Cerricoff, the Russian pianist, intro-&#13;
duced Mr. Theodore Holland's suite for pianoforte&#13;
at his recital at the Æolian Hall on June 13.&#13;
“The Swelling of Jordan,” by Coralie Stanton&#13;
and Heath Hosken, is announced for early publica-&#13;
tion by the same publishers. A story in which&#13;
greed, a supposed murder, and love play important&#13;
parts.&#13;
Messrs. Novello &amp; Co. have issued a new and&#13;
revised edition of “ The Child's Primer of the&#13;
Theory of Music," by C., A., Webster; .A.M.,&#13;
author of “The Groundwork of Music." The&#13;
book is intended as a first step for pianoforte&#13;
pupils.&#13;
“Comrades Three," by Argyll Saxby, published&#13;
by Messrs. S. W. Partridge &amp; Co., is a tale of&#13;
Cornish boys in Canada.&#13;
“ Outfit and Equipment for the Traveller,&#13;
Explorer, and Sportsman," is a volume edited by&#13;
E. A. Reynolds Ball, intended primarily for&#13;
explorers, big game shooters, and travellers in&#13;
uncivilised or semi-civilised countries generally.&#13;
At the same time, it is hoped that it may also&#13;
prove of some service to pioneer-colonists, mis-&#13;
sionaries, prospectors, etc. Mr. Reynolds-Ball has&#13;
had in this work the co-operation of Sir H. H.&#13;
Johnston, Mr. F. C. Selous, Mr. Harry de Windt,&#13;
“Wirt Gerrare," and Cit. Payton (“Sarcelle ') who&#13;
have contributed chapters embodying experiences&#13;
in all parts of the globe. The volume is published&#13;
from 27, Chancery Lane, W.C.&#13;
Mr. Wilkinson Sherren's new novel, “ Windfrint&#13;
Virgin," will be published by Mr. Ham-Smith some&#13;
time in the early autumn. It is a love story of the&#13;
present day, related in a subsidiary way to some of&#13;
the feminist stir and stress of the period. Most of&#13;
the action takes place in London, though there are&#13;
a few country episodes.&#13;
“The Royal Road,” being the story of the Life,&#13;
Death, and Resurrection of Edward Hankey, of&#13;
London, is the name of a new novel by Alfred&#13;
Ollivant, author of “ Owd, B.A.," to be published&#13;
by Messrs. Methuen this autumn.&#13;
Mr. James Baker, F.R.G.S., has been invited by&#13;
the Lord Mayor of Prague to be the guest of the&#13;
“Golden City” for the celebrations connected with&#13;
the unveiling of the statue on July 1, to the&#13;
great Bohemian historian, Francis Palacky, a writer&#13;
whose work the Eoglish author has utilised in his&#13;
historical works and fiction, dealing with Bohemia&#13;
and her people. The celebrations last for four days,&#13;
and are linked with a great demonstration of the&#13;
National Sokol movement ; an atbletic and&#13;
gymnastic organisation that will have 12,000&#13;
members drilling at once, in the remarkable evolu-&#13;
tions and bodily exercises the Sokol has originated.&#13;
“ T ES Dieux ont Soif” is the title of the latest&#13;
U novel by Anatole France. The epoch is that&#13;
of the Revolution, and the theme more or&#13;
less the fickleness of a woman. We have a whole&#13;
series of pictures of those days of terror and madness,&#13;
and the author has chosen his types admirably. The&#13;
story has all the delicate irony to which Anatole&#13;
France has accustomed us in his books. Each&#13;
personage stands out in relief, and each one is&#13;
typical of a whole theory of human beings,&#13;
fashioned by the times. There is very little that&#13;
can be called ennobling in the volume. It is a&#13;
story that is of the earth earthy, but it is intensely&#13;
clever. Selection is carried to a fine art, as regards&#13;
incident, character and dialogue. There does not&#13;
appear to be a superfluous word in the whole book.&#13;
Each one carries, just as each gesture tells. It is&#13;
a clever but cruel novel, one that will remain in&#13;
the memory, thanks to the vividness of each picture&#13;
drawn. There are a few touches of tenderness to&#13;
relieve the cruelty, but only just enough of such&#13;
touches to make one wish for more.&#13;
The lectures which M. Jules Lemaître has been&#13;
giving this season on Chateaubriand are now&#13;
published in volume form. The lectures were witty&#13;
and brilliant, but the irony with which the subject&#13;
is treated is regrettable as the note is too frequent&#13;
and becomes irritating.&#13;
&#13;
&#13;
## p. 265 (#729) ############################################&#13;
&#13;
THE AUTHOR.&#13;
265&#13;
“Le Marquis René de Girardin," (Le dernier also to be given, and several other plays are being&#13;
ami de J. J. Rousseau) (1735—1808), is a book rehearsed.&#13;
written from hitherto unpublished documents by&#13;
ALYS HALLARD.&#13;
André Martin Decaen,, with a preface by André&#13;
Hallays.&#13;
“Les Dieux ont Soif” (Calmann Lévy).&#13;
“ Chateaubriand " (Calmann Lévy).&#13;
“ Chateaubriand, Ambassadeur à Londres,” is an&#13;
“Le Marquis Réné de Girardin" (Perrin).&#13;
account written by the Comte d'Antioche, from " Chateaubriand, Ambassadeur à Londres” (Perrin).&#13;
papers that bave never before been published.&#13;
“ Paris pous Louis XV." (Mercure de France).&#13;
* in Paris sous Louis XV.,” by Camille Piton, is the&#13;
" La Vie tragique de Geneviève” (Calmann Lévy).&#13;
"Pour une autre” (Bernard Grasset).&#13;
fourth volume on this subject by an author who is “ Une Philosophie nouvelle, Henri Bergson " (Alcan).&#13;
one of the best informed. In this volume we have “ The Guarded Flame" (Plon).&#13;
reports of the police inspectors annotated by Camille&#13;
Piton.&#13;
“La Vie tragique de Geneviève ” is a story so&#13;
UNITED STATES NOTES.&#13;
life-like that it resembles an episode taken from&#13;
life rather than an imaginary story. It is written TT is rather curious to find--in view of what I&#13;
by Louise Compain, the author of “L’un vers 1 wrote in the opening paragraphs of my last&#13;
l'autre," a book which won for its writer an “ United States Notes " about the suggested&#13;
Academy prize. “Les Femmes dans les organisa- motto for 1912, “ Fewer and Better Books ”-&#13;
tions ouvrières" is also written by Madame Com- that the American publishers have been com-&#13;
pain, and from this volume it is evident that plaining bitterly of the lack of good books, in the&#13;
the writer of “La Vie tragique de Geneviève” early part of this year at least. Apparently, how-&#13;
has seen much of the world she describes in this ever, it is rather of English than of American&#13;
volume.&#13;
works that they discovered the want. One of the&#13;
“ Pour une autre," by Marianne Damad, is the big firm's representatives went so far as to say, this&#13;
third volume by this writer. Jules Lemaître writes spring : “ There never was such a dearth of good&#13;
the preface to the present one. In these studies the books on the English inarket as at the present&#13;
author endeavours to show the effects produced by time, and never so many American publishers&#13;
the meeting of individuals of totally different rank absolutely hungry for good stuff as this year.&#13;
in the world. Her first book was entitled “Ren- Every leading American publishing house either&#13;
contres,” her second “ Chez Eux," and the present has or has had its representative in London looking&#13;
one is composed of a series of short studies, some of for saleable books, and most of them are simply&#13;
which have appeared in such publications as the having trouble for their pains." This is pretty&#13;
“ Revue des Deux Mondes,” the “ Journal des strong, it must be confessed. But, here is the&#13;
Debats,” and “L'Echo de Paris.” The story, testimony of another house's representative:&#13;
entitled “Un grand amour," is the most dramatic “ The spring list of English publishers is absolutely&#13;
of those contained in “ Pour une autre."&#13;
poverty stricken. It is lacking in any books of any&#13;
“ Une Philosophie nouvelle, Henri Bergson”. consequence. Usually the spring lists contain&#13;
by Edouard Le Roy, is another book which serves books of importance, historically or biographically,&#13;
as an introduction to Bergson's own works. but these are entirely missing this year.”&#13;
Some ten years ago Madame C. Coignet wrote one What have English publishers, and still more&#13;
of the best introductions to Bergson's works. English authors, to say to this?&#13;
Among translations, W. G. Maxwell's “ The However, it is not with the English work in&#13;
Guarded Flame” has at last appeared in French, America that we are here concerned, but with the&#13;
and will no doubt have more success in France native product of the United States. It cannot be&#13;
than most English novels, as the psychology said that there has been any noticeable falling off&#13;
contained in the volume will appeal to French in the numbers of books issued so far--though,&#13;
readers.&#13;
statistics not yet being available, we have to wait&#13;
At the Porte Saint-Martin “ La Flambée" is until the end of the year before we know whether&#13;
still on the bill, and L'Athenée is also still giving the figures have actually been maintained as they&#13;
“ Le Cœur dispose.” It has now had its 150th appear to have been. With regard to quality, if&#13;
representation.&#13;
we had to judge only by publishers' advertisements,&#13;
The Shakespeare Theatre is giving “ The Taming we might imagine that 1912 had already justified&#13;
of the Shrew" in French in the Saint-Cloud Park its claim to celebrity in literary annals. But,&#13;
once a week. The scenery has been designed by then, who pays much attention to the “puff pre-&#13;
M. Simas of the Opéra, and an ideal spot has been liminary” and the “ front page ad. ” as a guide&#13;
discovered with the trees meeting overhead and to literature ? Probably it will be realised, a year&#13;
forming a dome. The “ Merchant of Venice " is hence, that the first half of 1912 was humdrum&#13;
&#13;
&#13;
## p. 266 (#730) ############################################&#13;
&#13;
266&#13;
THE AUTHOR.&#13;
rather than epoch-making. Which is not the same year. Nor is H. S. Harrison's “Queed " far behind.&#13;
as denying that—to use the ugly commercial phrase The two last-named hare indeed had a long innings.&#13;
—some quite good stuff was put on the market in It is usually easy to say what is fiction and what&#13;
the period under notice. Otherwise I should feel is not. But it is by no means easy to classify&#13;
considerable diffidence in proceeding to mention accurately “non-fiction " under its proper sub-&#13;
the names of any authors below!&#13;
heads. Biography, even if taken to include auto-&#13;
The serried ranks of the novelists may be put in biography and reminiscences, is not over-well&#13;
the forefront as usual ; but once again I must represented among recent American publications.&#13;
disclaim any attempt to speak of all the works Mention must, however, be made of Professor Josiah&#13;
worthy of notice since I last wrote. Nor shall I Royce's “ William James,” which is the first and&#13;
try to arrange the names in any order of merit or principal item in a series of addresses delivered in&#13;
of popularity. Of all the following it may be said the past and now collected in book form ; of&#13;
that they both attracted attention and, according to “Marcus Alonzo Hanna, His Life and Work,” by&#13;
their publishers, sold well :-John B. Ellis's Herbert Croly, an attempt to draw the real Mark&#13;
“ Fran"; Lefroy Scott's “ Counsel for the Hanna ; and “The Philanthropic Work of&#13;
Defense"; Frederick Isham's “ A Man and Josephine Shaw Lowell,” edited by Professor&#13;
his Money ” ; the late Vaughan Kester's “ The Rhinelander Stewart, President of the New York&#13;
Just and the Unjust ” ; Maria T. Davies's “ The State Board of Charities. Then there are “ The&#13;
Melting of Molly ” ; Avery Abbott's “ Captain Reminiscences of James Burrill Angell," late&#13;
Martha Mary” ; Corra Harris's “ The Recording President of Michigan University; “Out of the Rut,&#13;
Angel ” ; Kate Langley Bosher's “ The Man in a Business Life Story," by John Adams Thayer ;&#13;
Lonely Land”; L. J. Vance's “ The Bandbox"; and “ The Promised Land,” by Mary Antin, a&#13;
G. C. Shedd's “ the Isle of Strife " ; Will Leving. Russian Jewess, who tells how she “discovered "&#13;
ton Comfort's “ Fate Knocks at the Door”; Owen America, like so many other young emigrants.&#13;
Johnson's “ Stover at Yale” ; C. A. Maclean's “The House of Harper," by Joseph Henry&#13;
“ The Mainspring ”; Samuel Merwin's “ The Harper, explains itself by its title ; and, besides,&#13;
Citadel” ; W. R. Castle's “ The Green Vase"; the book is well known in England by now, as well&#13;
Charles Egbert Cradock's “The Raid of the as on the other side of the Atlantic.&#13;
Guerilla ” ; John Reed Scott's “ The Last Try.” Under history we find “ The Contest for Cali-&#13;
The following may be grouped together as strong fornia in 1861 ” by Elijah R. Kennedy ; and&#13;
in local colour :-Frederick Palmer's “ Over the “American Colonial Government, 1696—1765,"&#13;
Pass” (Arizona); B. M. Bower's “ Lonely Land” by Oliver Morton Dickerson. Politics and social&#13;
(Montana) : Payne Erskine's “ The Mountain Girl” life in the United States are dealt with in “The&#13;
(North Carolina): Alice L. Lee's “ Capt'n Joe's New Democracy,” by W. E. Weyl; in “Social&#13;
Sister ” (Maine) ; J.O. Curwood's “ Flower of the Forces in American History," by A. M. Simons ;&#13;
North”. (Hudson's Bay); Anna A. Chapin's in “ Changing America," by Professor E. A. Ross,&#13;
“ The Under Trail ” (Virginia); and Mary R. author of " The Changing Chinese”; in “The&#13;
Bangs's “ High Bradford” (Cape Cod fifty years Initiative, Referendum, and Recall," edited by&#13;
ago). Gertrude Atherton has brought out “ Julia Professor W. B. Munro, with chapters by Colonel&#13;
France and her Times”; Mary E. Wilkins Free Roosevelt and others; and in "The Coming&#13;
man, “ The Butterfly House,” about which some Generation,” by W. B. Forbusb. Robert Grant's&#13;
of the critics freely express their disappointment; “Convictions of a Grandfather," which are cast in&#13;
and Reginald Wright Kauffman, “ The Sentence essay form, discuss the subject of the last book as&#13;
of Silence,” which displays more humour and less well as other family problems in America.&#13;
grim tragedy than he has hitherto given us. Two “The Tariff in Our Times,” which Miss Ida M.&#13;
volumes of short stories are Professor Brander Tarbell brought out originally in the American&#13;
Matthew's - Vistas of New York,” and Edna Magazine, is of course fiscal. “The American&#13;
Ferber's “Buttered Side Down."&#13;
Transportation Question,” by S. 0. Dunn, editor of&#13;
Dorothy Canfield's “ The Squirrel Cage” is on the Railway Gazette, is a volume of importance in&#13;
its way to becoming a “best seller ”-a distinction, its technical way.&#13;
by the way, which has already been attained by In “ A New Conscience and an Ancient Evil,"&#13;
"Counsel for the Defense” and “ The Mountain Miss Jane Addams (called by the London Times&#13;
Girl," mentioned above. The latest lists of best "easily the foremost woman in America '') discusses&#13;
sellers show the pride of place in fiction falling to bravely the white slave question, with particular&#13;
Gene Stratton Porter's “ The Harvester,” Meredith reference to Chicago, the city of such evil notoriety&#13;
Nicholson's “ A Hoosier Chronicle," Emerson in the matter.&#13;
Hough's “Jolin Rawn," and H. B. Wright's “ The A still wider human problem is dealt in V. L.&#13;
Winning of Barbara Worth,” which did so well last Kellog's “ Beyond War," which is intended as a&#13;
&#13;
&#13;
## p. 267 (#731) ############################################&#13;
&#13;
THE AUTHOR. .&#13;
267&#13;
Cameron Rogers, the Californian poet, is best&#13;
known as the author of “ The Rosary," a lyric&#13;
which, though known everywhere in its original&#13;
form or through translation, never profited him a&#13;
penny. At the end of the month the death&#13;
occurred, in the Far East, of the Rev. Dr. G. W.&#13;
Knox, for fifteen years a missionary in Japan, and&#13;
writer of numerous books on religion, on Japan,&#13;
and on the two subjects combined. At the&#13;
beginning of May Homer Davenport, animal story-&#13;
writer and cartoonist as well as breeder of Arabian&#13;
horses, succumbed to pneumonia in New York, and&#13;
Julia Harris May, poetess, died, at the age of 79,&#13;
in the Maine, of whose woods she sang. Another&#13;
Maine author, Dr. Willis Judson Beecher, of the&#13;
Auburn Theological Seminary, died about the same&#13;
time, only five years younger.&#13;
PHILIP WALSH.&#13;
COPYRIGHT IN A NEWSPAPER ARTICLE.&#13;
chapter in the natural history of mankind, and&#13;
preaches peace on biological grounds.&#13;
Among books of travel and description there&#13;
have been a number of more than transient interest.&#13;
Apart from Mabel Lomis Todd's “ Tripoli the&#13;
Mysterious," they are mainly concerned with things&#13;
at home. Noteworthy are “ The Yosemite," by&#13;
John Muir; “Travel and Camp in the Rockies,”&#13;
by Dillon Wallace; “ The Spell of the Rockies,” by&#13;
Enos A. Mills ; "Three Wonderlands of the&#13;
American West," by T. D. Murphy ; “The Pipe-&#13;
smoke Carry," by Bert Leston Taylor ; and “ The&#13;
Wonders of the Colorado Desert,” by G. W. James.&#13;
In the realm of the arts, Professor C. H. Wright&#13;
of Harvard (and also formerly of Trinity College,&#13;
Oxford) is the author of "A History of French&#13;
Literature.” Edward Bliss Reed, Assistant Professor&#13;
of English at Yale, is responsible for a work on&#13;
“ English Lyrical Poetry.” “On the Laws of&#13;
Japanese Painting” is the title of a book by&#13;
H. P. Bowie, who has long resided in Japan.&#13;
· A practical side of literature provides the material&#13;
for “ Copyright, its History and Law," from the&#13;
pen of Richard Rogers Bowker, editor of the&#13;
American Publishers' Weekly and Vice-President of&#13;
the American Authors' Copyright League, which is&#13;
the first work of its kind-dealing especially with&#13;
the American aspect of the question-for over&#13;
thirty years.&#13;
Probably not much attention is paid in England&#13;
to contemporary American verse, and perhaps&#13;
nothing very recent has called for particular atten-&#13;
tion. But in “ Hard Labour, and Other Poems,"&#13;
there is a certain rareness of flavour which merits&#13;
notice. The author is or was a convict in the&#13;
Minnesota State Prison.&#13;
The obituary, unhappily swelled by the awful&#13;
disaster to the Titanic, is rather large for the short&#13;
period under notice. In March died Ernest&#13;
Jarrold (“ Mickey Finn "), English by birth, but&#13;
American by life and training, a writer of short&#13;
stories and travel sketches and a regular con-&#13;
tributor to the New York Sun. Next month saw&#13;
the death, at the age of 90, of Clara Barton,&#13;
founder of the American Red Cross Association and&#13;
author of several works on the movement. The&#13;
Titanic wreck involved the loss of Francis Davis&#13;
Millet, painter and war correspondent for both&#13;
American and English journals ; of Ward Stanton,&#13;
likewise both an artist and a journalist ; and of&#13;
Jacques Futrelle, whose success with the detective&#13;
novel gained for him the name of the American&#13;
Conan Doyle. Futrelle's wife, whose first novel,&#13;
“ Secretary of Frivolous Affairs," appeared in&#13;
1911, happily escaped from the sinking ship.&#13;
Brigadier-General Farley, who died in South&#13;
Carolina at the age of 73, wrote a book on “West&#13;
Point in the Early Sixties” among others. Robert&#13;
WHITFIELD V. PROGRESSIVE NEWSPAPERS, LTD.&#13;
THE plaintiff, in this action, Mr. Lionel Whit-&#13;
1 field, sued the proprietors of the Weekly&#13;
T'imes and Echo for damages, for republishing&#13;
without his consent certain articles which he had&#13;
contributed to the paper in 1901.&#13;
The articles were written by the plaintiff under&#13;
an agreement made in 1898, by which he was&#13;
employed to contribute a weekly article on chess,&#13;
billiards, and draughts. The contract came to an&#13;
end in 1906, and when the defendants acquired&#13;
the paper in 1910 they proceeded to republish&#13;
some of the articles, which had been contributed by&#13;
the plaintiff under his agreement.&#13;
It was admitted that the defendants were the&#13;
owners of the copyright ; but under the peculiar&#13;
provisions of s. 18 of the Copyright Act, 1842, their&#13;
copyright was of a limited character. It is&#13;
expressly provided by that section that the news-&#13;
paper proprietor, under the circumstances of the&#13;
case, is not at any time entitled to publish the&#13;
articles " separately or singly ” without the author's&#13;
consent ; but the author has the right of publish-&#13;
ing them “in a separate form ” after the expiration&#13;
of twenty-eight years, from the date of their first&#13;
publication in the newspaper.&#13;
It was contended on behalf of the plaintiff,&#13;
that the defendants had published the articles&#13;
“ separately ” ; because the later issues of the&#13;
paper contained other matter than that which&#13;
appeared with the articles when they were originally&#13;
published in 1901.&#13;
On the other hand, it was submitted on behalf of&#13;
the defendants, that as the articles were republished&#13;
with other matter in the same journal, in which&#13;
&#13;
&#13;
## p. 268 (#732) ############################################&#13;
&#13;
268&#13;
• THE AUTHOR.&#13;
they first appeared, they were not "separately Act with respect to the deposit of copies and&#13;
published."&#13;
registration of such work shall have been complied&#13;
Mr. Justice Hamilton came to the conclusion with.”&#13;
that there had been a “separate publication," and The opinion of Judge Lacombe, in fall, reads :-&#13;
granted the plaintiff an injunction and 40s.&#13;
damages.&#13;
JUDGE LACOMBE'S OPINION.&#13;
It is clear that the words “separately ” and&#13;
“singly" are not synonymous, and according to This proceeding grew out of a transaction referred&#13;
the cases an article or story may be "published to in the decision on motion for preliminary injunc-&#13;
separately," although it is in a volume with other tion. The order to show cause included a restrain-&#13;
articles or stories. In the case of Johnson v. ing order or temporary injunction, and it is charged&#13;
Newnes, Mr. Justice Romer said :&#13;
that defendant published an account of Amundsen's&#13;
“ If you find in a volume separate parts, each journey to the South Pole, which was a colourable&#13;
distinguished or perfectly distinguishable from the copy of its copyrighted narrative.&#13;
other parts, and the volume is published, each part Many points have been argued, but it will not be&#13;
that is separate and clearly distinguished in the necessary to discuss them all.&#13;
volume is " separately published.”&#13;
The bill was verified March 8; it stated that&#13;
Similarly, in Smith v. Johnson, in 1863, where complainant “is about to file two complete copies&#13;
certain tales entitled " The Chronicles of Stanfield of the best edition when published.” The order&#13;
Hall ” were contributed to the London Journal, it to show cause and restraining order were signed&#13;
was held that the subsequent publication of the March 8, and were served on someone in the office&#13;
tales in a weekly supplement was a “separate publi- of the defendant about midnight the same day.&#13;
cation” within the meaning of s. 18 of the Very early in the morning of March 9 the publica-&#13;
Copyright Act.&#13;
tion of complainant's copyrighted narrative and of&#13;
HAROLD HARDY. defendant's paraphrase thereof appeared in their&#13;
respective newspapers. The two copies of the copy-&#13;
righted work were filed in the office of the Register&#13;
UNITED STATES LAW CASE.&#13;
of Copyright, Washington, D. C., on March 9, on&#13;
or after the opening of that office on that day.&#13;
On these facts the question arises, Was com-&#13;
(Printed with the kind permission of the Editor of the plainant entitled to maintain an action such as&#13;
United States Publishers' Weekly.)&#13;
this, when the order was served at midnight on&#13;
March 8?&#13;
JUDGE LACOMBE DECIDES THE TEMPORARY&#13;
The action is based upon the statute,&#13;
INJUNCTION IN THE “ TIMES” COPYRIGHT&#13;
and the answer to this question must be found in&#13;
SUIT WAS GRANTED PREMATURELY-COPY-&#13;
its provisions. Sect. I of the Act of March 4, 1909,&#13;
RIGHT ITSELF NOT AFFECTED.&#13;
provides :-&#13;
“ That any person entitled thereto by this Act&#13;
UDGE LACOMBE, in the Federal District may secure copyright for his work by publication&#13;
Court, denied the application of the New thereof with the notice of copyright required by&#13;
York Times Company for the punishment this Act," etc.&#13;
for contempt of the Star Company, publisher of the The bill shows that such a publication had been&#13;
New York American, for violating an injunction made before it was verified ; complainant thereby&#13;
granted by Judge Holt on March 8, restraining the had then secured its copyright.&#13;
publication of either the text or a colourable version Ownership of copyright and the vindication of&#13;
of Roald Amundsen's story of his discovery of the such ownership by suit are different things. The&#13;
South Pole, the copyright of which the Times had latter is provided for in sect. 12, which reads :-&#13;
purchased for the United States and Canada.&#13;
“That after copyright has been secured by publi-&#13;
The Court recognises that a valid copyright can cation of the work with the notice of copyright, as&#13;
be secured by publishing a work with a copyright provided in sect. 9 of this Act, there shall be&#13;
imprint (and was secured by the Times in the promptly deposited in the Copyright Office, or in&#13;
Amundsen narrative in the present case), but holds the mail, addressed to the Register of Copyright,&#13;
that the right to a copyright is distinct from the Washington, District of Columbia, two complete&#13;
right to maintain an action to enforce the same. copies of the best edition thereof then published.&#13;
The ruling against the validity of the temporary ... No action or proceeding shall be maintained&#13;
injunction was made under sect. 12 of the copy- for infringement of copyright in any work until&#13;
right law, which provides that “no action or pro- the provisions of the Act in respect to the deposit&#13;
ceeding shall be maintained for infringement of of copies and registration of such work shall have&#13;
copyright in any work until the provisions of this been complied with.”&#13;
&#13;
&#13;
## p. 269 (#733) ############################################&#13;
&#13;
THE AUTHOR.&#13;
269&#13;
The subject of statutory copyright being one “action or proceeding for the infringement of copy-&#13;
wholly within the powers of Congress, it had full right," and there is no apparent reason for constru-&#13;
power to restrict, in any way it chose, the main- ing the act so as to exempt such suits from the&#13;
taining of such actions or proceedings in the courts operation of the prohibition of sect. 12. No hard-&#13;
as are concerned with the subject of infringement ship to the owner of a copyright results from the&#13;
of the rights secured by such statute. A prohibi- construction here followed. At the time the person&#13;
tion so broad as this goes to the jurisdiction of the entitled to copyright publishes his work, with the&#13;
courts to entertain such actions or proceedings, and notice required, presumably he has copies of it in&#13;
if the prohibition were operative, when the injunc- his possession and could at once deposit in the mail&#13;
tion was served, the latter would be void because the two copies required, addressed as the statute&#13;
made in an action which could not be maintained prescribes. That act on his part would seem to be&#13;
and of which the courts could not have jurisdiction. a compliance with sect. 12, sufficient to entitle him&#13;
The papers submitted indicate that at midnight to maintain his action or proceeding. But until&#13;
of March 8, when the injunction was served, the he does this, the prohibition of that section is&#13;
two copies had not yet been “ deposited in the imperative.&#13;
Copyright Office, or in the mail, addressed to the Without considering the other questions presented,&#13;
Register of Copyright”; at that time, therefore, the application is denied.&#13;
this action or proceeding could not be maintained, The T'imes itself, in its discussion of the case,&#13;
and the injunction being issued in an action whose makes the important point that, if registration were&#13;
maintenance was prohibited, could be of no binding an essential formality to the initiation of an action&#13;
force.&#13;
at law, that there would result an interim of non-&#13;
Complaint refers to sects. 34, 35, and 36, which protection between the deposit of copies in the mails&#13;
read as follows :&#13;
and the necessary registration in Washington-an&#13;
“ Sect. 31. That all actions, suits, or proceedings interim that in the case of daily newspaper material&#13;
arising under the copyright laws of the United would be vital.&#13;
States shall be originally cognizable by the Circuit The Court, however, expressly held that this&#13;
Courts of the United States, the District Court of question was not involved, that the mere depositing&#13;
any Territory, the Supreme Court of the District of the books in the mails, addressed to the Register&#13;
of Columbia, the District Courts of Alaska, Hawaii of Copyright, accompanied presumably by application&#13;
and Porto Rico, and the Courts of first instance of for registration and affidavit of manufacture, suffices&#13;
the Philippine Islands.&#13;
to constitute a compliance with sect. 12. This&#13;
“Sect. 35. That civil actions, suits, or proceed- ignores the provision of that section with regard to&#13;
ings arising under this Act may be instituted in registration, possibly on the theory that only the&#13;
the district of which the defendant or his agent is acts required to be performed by the owner of the&#13;
an inhabitant or in which he may be found.&#13;
copyright must precede institution of the actiou.&#13;
“ Sect. 36. That any such court or judge thereof&#13;
shall have power, upon bill in equity filed by any&#13;
party aggrieved, to grant injunction to prevent and&#13;
restrain the violations of any rights secured by&#13;
A DANGEROUS CLAUSE.&#13;
said law, according to the course and principles of&#13;
courts of equity on such terms as said court or judge&#13;
may deem reasonable. Any injunction that may ROM time to time the Committee have urged&#13;
be granted restraining and enjoining the doing of T upon authors the danger of granting to pub-&#13;
anything forbidden by this Act may be served on lishers, in a contract for one book, the right&#13;
the parties against whom such injunction may be to publish future books on stated terms. Authors&#13;
granted, anywhere in the United States, and shall should not even grant the refusal of the publication&#13;
be operative throughout the United States, to be of future books to a publisher upon terms to be subse-&#13;
enforceable by proceedings in contempt or other- quently agreed, though this may not be so dangerous.&#13;
wise by any other Court or judge possessing juris- Articles have appeared in The Author demon-&#13;
diction of the defendants.”&#13;
strating how seriously clauses dealing with rights&#13;
It does not seem that this last-quoted section in in future books may hinder the author in his&#13;
any way qualified the prohibition of the twelfth career and affect his property before it is created.&#13;
section. The Court or judge is given express In most agreements drafted on these lines the&#13;
authority to grant an injunction to prevent a viola- author is only bound for a certain number of books,&#13;
tion of a copyright which has been secured by the though in one of the cases published in The&#13;
party aggrieved ; this injunction may be granted Author recently a clause proposed to bind the&#13;
upon a bill of equity—that is, in an equity suit. author for a period of seven years.&#13;
But such an equity suit is covered by the phrase In an agreement coming from the office of Messrs.&#13;
&#13;
&#13;
## p. 270 (#734) ############################################&#13;
&#13;
270&#13;
THE AUTHOR.&#13;
George Allen &amp; Co., Limited, a clause runs as tion of agents. The custom, if it is a growing one,&#13;
follows:-&#13;
must be opposed with all the vigour possible by&#13;
“ The Author shall give the publishers the first refusal&#13;
members of the Society of Authors.&#13;
of ". ..." and any future novels written by him. Should The reasons given by those publishers who are&#13;
he be able to obtain better terms for these than the terms the most just in their attitude towards authors, for&#13;
the Publishers suggest he shall offer the book to the desiring to bind authors for future work, are not&#13;
Publishers on the terms named to him by other publishers."&#13;
satisfactory. A publisher who has bound an author&#13;
This is a most inadvisable arrangement for an by such a clause, knowing that the latter is pledged&#13;
author to enter upon. The clause practically binds to him, may and does get careless in the matter of&#13;
the author to offer to the publisher during the publication. As long as he turns over his money&#13;
term of his literary life every novel that he may and gets a fair percentage he becomes quite&#13;
produce, and it is so worded that the author would indifferent to the author's success. If an author,&#13;
have great difficulty in obtaining release.&#13;
unshackled with regard to his future contracts, is&#13;
It is almost impossible for an author, at any rate treated well by bis publisher, he will be only too&#13;
in the present condition of the literary market, to glad to leave the publication of future works in that&#13;
go to a second publisher and say, “ What terms will publisher's hands. If an author is not treated well&#13;
you give me for my book ?” and at the same time by his publisher, then to be forced to place all his&#13;
to explain to that publisher that he cannot accept books with him, while convinced that he is an&#13;
the terms, however good, without referring the unsatisfactory man of buisness, is an intolerable&#13;
matter back again to the original publisher to position.&#13;
whom he is bound under such a clause as that All members of the Society must, once again, be&#13;
quoted.&#13;
warned not to sign any agreement binding them-&#13;
No doubt a second publisher might be willing to selves for future work, and must take special care&#13;
offer terms for the book were the author in a not to sign a clause drafted on the lines of the one&#13;
position of freedom, but he would not keep the offer quoted above.&#13;
open if he understood that he was being made use of&#13;
in order to give a competitor in the same trade a&#13;
chance of taking up the book on similar terms. If&#13;
MAGAZINE CONTENTS.&#13;
he was not told why his terms were sought he&#13;
would be receiving unfair treatment at the hands&#13;
ENGLISH REVIEW.&#13;
of the author, and of his fellow publisher whose A New Study of English Poetry. By Henry Newbolt.&#13;
work of discrimination he is discharging.&#13;
The Royal Academy. By Walter Sichert.&#13;
The clause, in most cases, would mean that the&#13;
Poetry: Arthur Symons, Ezra Pound, D. H. Lawrence,&#13;
L. Abercromby.&#13;
author who signed it would be bound to the same&#13;
publisher for the whole of his literary life, practically&#13;
NINETEENTH CENTURY AND AFTER.&#13;
unable to refuse any offer that that publisher placed Metrical Versions of the Odes of Horace. By Dr. R. G.&#13;
before him. The publisher has only to say, “I will Tyrrell.&#13;
Pauline de Beaumont. By Edith Sichel.&#13;
offer you 10 per cent. on the sales of your books,”&#13;
At the Salon and the Royal Academy. Ry H. Heath-&#13;
to obtain the writer for ever at this figure. If cote Statham.&#13;
the author refused such an offer, thinking he was&#13;
BLACKWOODS.&#13;
entitled to a higher royalty, he would then be bound, Musings Without Method. From Ibsen's Workshop.&#13;
under the clause in question, if he acted fairly to&#13;
BOOKMAN.&#13;
any other publisher before whom he laid the matter, Wilkie Collins. By A. Compton Rickett.&#13;
to state “I bave been offered a royalty-10 per&#13;
The Centenary of John Forster. By Berric Twede.&#13;
cent.—will you give me better terms ? but I must&#13;
Recent History. By T. Seccombe.&#13;
inform you that any offer you make must be referred&#13;
NATIONAL.&#13;
back to my former publisher to see if he will give&#13;
The “ Dugdale" Engraving of the Stratford Monument.&#13;
me similar or better terms.” Surely the answer&#13;
By Geo. Greenwood, M.P.&#13;
from the second publisher would be to decline to&#13;
SCALE FOR ADVERTISEMENTS.&#13;
make any offer, and the author would have to&#13;
accept the 10 per cent. royalty proposed by his (ALLOWANCE TO MEMBERS OF THE SOCIETY 20 PER CENT.)&#13;
original publisher. This would be a serious position Front Page&#13;
300&#13;
enough if it only referred to one or two books, but&#13;
it becomes disastrous when it refers to any future&#13;
novel that an author may write.&#13;
Single Column Advertisements&#13;
... per inch 0 6 0&#13;
It has been stated that the binding of an author Reduction of 20 per cent. made for a Series of Six and of 25 per cent for&#13;
for future work is becoming a more usual demand&#13;
All letters respecting Advertisements should be addressed to J. F.&#13;
amongst publishers. It has also received the sanc- BELMONT &amp; Co., 29, Paternoster Square, London, E.C.&#13;
Other Pages&#13;
Hall of a Page ...&#13;
Quarter of &amp; Page&#13;
Eighth of a Page&#13;
...&#13;
***&#13;
.. 1 10 0&#13;
... 015 0&#13;
T'welve Insertions.&#13;
&#13;
&#13;
## p. 271 (#735) ############################################&#13;
&#13;
THE AUTHOR.&#13;
271&#13;
HOW TO USE THE SOCIETY.&#13;
1. A VERY member has a right to ask for and to receive&#13;
advice upon his agreements, his choice of a pub-&#13;
lisher, or any dispute arising in the conduct of his&#13;
business or the administration of his property. The&#13;
Secretary of the Society is a solicitor; but if there is any&#13;
special reason the Secretary will refer the case to the&#13;
Solicitors of the Society. Further, the Committee, if they&#13;
deem it desirable, will obtain counsel's opinion without&#13;
any cost to the member. Moreover, where counsel's&#13;
opinion is favourable, and the sanction of the Committee&#13;
is obtained, action will be taken on behalf of the aggrieved&#13;
member, and all costs borne by the Society.&#13;
2. Remember that questions connected with copyright&#13;
and publishers' agreements do not fall within the experi.&#13;
eure of ordinary solicitors. Therefore, do not scruple to use&#13;
the Society.&#13;
3. Before signing any agreement whatever, send&#13;
the document to the Society for examination.&#13;
4. Remember always that in belonging to the Society&#13;
you are fighting the battles of other writers, even if you&#13;
are reaping no direct benefit to yourself, and that you are&#13;
advancing the best interests of your calling in promoting&#13;
the independence of the writer, the dramatist, the composer.&#13;
6. The Committee bave arranged for the reception of&#13;
members' agreements and their preservation in a fire.&#13;
proof safe. The agreements will, of course, be regarded as&#13;
confidential documents to be read only by the Secretary,&#13;
who will keep the key of the safe. The Society now offers :&#13;
(1) To stamp agreements in readiness for a possible action&#13;
upon them. (2) To keep agreements. (3) To enforce&#13;
payments due according to agreements. Fuller particu-&#13;
lars of the Society's work can be obtained in the&#13;
Prospectus.&#13;
6. No contract should be entered into with a literary&#13;
agent without the advice of the Secretary of the Society.&#13;
Members are strongly advised not to accept without careful&#13;
consideration the contracts with publishers submitted to&#13;
them by literary agents, and are recommended to submit&#13;
them for interpretation and explanation to the Secretary&#13;
of the Society.&#13;
7. Many agents neglect to slamp agreements. This&#13;
must be done within fourteen days of first execution. The&#13;
Secretary will undertake it on behalf of members.&#13;
8. Some agents endeavour to prevent authors from&#13;
referring matters to the Secretary of the Society; so&#13;
do some publishers. Members can make their own&#13;
deductions and act accordingly.&#13;
9. The subscription to the Society is £1 18. per&#13;
annum, or £10 10s. for life membership.&#13;
obtained. But the transaction should be managed by a&#13;
competent agent, or with the advice of the Secretary of&#13;
the Society.&#13;
II. A Profit-Sharing Agreement (a bad form of&#13;
agreement).&#13;
In this case the following rules should be attended to:&#13;
(1.) Not to sign any agreement in which the cost of pro.&#13;
duction forms a part without the strictest investigation,&#13;
(2.) Not to give the publisher the power of putting the&#13;
profits into his own pocket by charging for advertisements&#13;
in his own organs, or by charging exchange advertise-&#13;
ments. Therefore keep control of the advertisements.&#13;
(3.) Not to allow a special charge for "office expenses,"&#13;
unless the same allowance is made to the author.&#13;
(4.) Not to give up American, Colonial, or Continental&#13;
rights.&#13;
(5.) Not to give up serial or translation rights.&#13;
(6.) Not to bind yourself for future work to any publisher.&#13;
As well bind yourself for the future to any one solicitor or&#13;
doctor |&#13;
III. The Royalty System.&#13;
This is perhaps, with certain limitations, the best form&#13;
of agreement. "It is above all things necessary to know&#13;
what the proposed rovalty means to both sides It in&#13;
possible for an author to ascertain approximately the&#13;
truth. From time to time very important figures conpected&#13;
with royalties are published in The Author,&#13;
IY. A Commission Agreement.&#13;
The main points are :-&#13;
(1.) Be careful to obtain a fair cost of production.&#13;
(2. Keep control of the advertisements.&#13;
(3.) Keep control of the sale price of the book.&#13;
General.&#13;
All other forms of agreement are combinations of the four&#13;
above mentioned.&#13;
Such combinations are generally disastrous to the author.&#13;
Never sign any agreement without competent advice from&#13;
the Secretary of the Society.&#13;
Stamp all agreements with the Inland Revenue stamp.&#13;
Avoid agreements by letter if possible.&#13;
The main points which the Society has always demanded&#13;
from the outset are :-&#13;
(1.) That both sides shall know what an agreement&#13;
means.&#13;
(2.) The inspection of those account books which belong&#13;
to the author. We are advised that this is a right, in the&#13;
nature of a common law right, which cannot be denied or&#13;
with held.&#13;
(3.) Always avoid a transfer of copyright.&#13;
WARNINGS TO DRAMATIC AUTHORS.&#13;
WARNINGS TO THE PRODUCERS&#13;
OF BOOKS.&#13;
N EVER sign an agreement without submitting it to the&#13;
Secretary of the Society of Authors or some com-&#13;
petent legal authority.&#13;
2. It is well to be extremely careful in negotiating for&#13;
the production of a play with any one except an established&#13;
manager.&#13;
3. There are three forms of dramatic contract for plays&#13;
in three or more acts:-&#13;
(a.) Sale outright of the performing right. This&#13;
is unsatisfactory. An author who enters into&#13;
such a contract should stipulate in the contract&#13;
for production of the pi-ce by a certain dare&#13;
and for proper publication of his name on the&#13;
play-bills,&#13;
ERE are a few standing rules to be observed in an&#13;
agreement. There are four methods of dealing&#13;
with literary property :-&#13;
1. Selling it Outright.&#13;
This is sometimes satisfactory, if a proper price can be&#13;
&#13;
&#13;
## p. 272 (#736) ############################################&#13;
&#13;
272&#13;
THE AUTHOR.&#13;
DRAMATIC AUTHORS AND AGENTS.&#13;
(6.) Sale of performing right or of a licence to&#13;
perform on the basis of percentages on&#13;
gross receipts. Percentages vary between 5&#13;
and 15 per cent. An author should obtain a&#13;
percentage on the sliding scale of gross receipts&#13;
in preference to the American system. Should&#13;
obtain a sum in advance of percentages. A fixed&#13;
date on or before which the play should be&#13;
performed.&#13;
(o.) Sale of performing right or of a licence to&#13;
perform on the basis of royalties (1.2., fixed&#13;
nightly fees). This method should be always&#13;
avoided except in cases where the fees are&#13;
likely to be small or difficult to collect. The&#13;
other safeguards set out under heading (6.) apply&#13;
also in this case.&#13;
4. Plays in one act are often sold outright, but it is&#13;
better to obtain a small nightly fee if possible, and a sum&#13;
paid in advance of such fees in any event. It is extremely&#13;
important that the amateur rights of one-act plays should&#13;
be reserved.&#13;
5. Authors should remember that performing rights can&#13;
be limited, and are usually limited, by town, country, and&#13;
time. This is most important.&#13;
6. Authors should not assign performing rights, but&#13;
should grant a licence to perform. The legal distinction&#13;
is of great importance.&#13;
7. Authors should remember that performing rights in a&#13;
play are distinct from literary copyright. A manager&#13;
holding the performing right or licence to perform cannot&#13;
print the book of the words.&#13;
8. Never forget that United States rights may be exceed-&#13;
ingly valuable. They should never be included in English&#13;
agreements without the author obtaining a substantial&#13;
consideration.&#13;
9. Agreements for collaboration should be carefully&#13;
drawn and executed before collaboration is commenced.&#13;
10. An author should remember that production of a play&#13;
is highly speculative : that he runs a very great risk of&#13;
delay and a breakdown in the fulfilment of his contract.&#13;
He should therefore guard himself all the more carefully in&#13;
the beginning.&#13;
11. An author must remember that the dramatic market&#13;
is exceedingly limited, and that for a novice the first object&#13;
is to obtain adequate publication,&#13;
As these warnings must necessarily be incomplete, on&#13;
account of the wide range of the subject of dramatic con-&#13;
tracts. those authors desirous of further information&#13;
are referred to the Secretary of the Society.&#13;
RAMATIC authors should seek the advice of the&#13;
Society before putting plays into the bands of&#13;
agents. As the law stands at present, an agent&#13;
who has once had a play in his hands may acquire a&#13;
perpetual claim to a percentage on the author's fees&#13;
from it. As far as the placing of plays is concerned,&#13;
it may be taken as a general rule that there are only&#13;
very few agents who can do anything for an author&#13;
that he cannot, under the guidance of the Society, do&#13;
equally well or better for himself. The collection of fees&#13;
is also a matter in which in many cases no intermediary is&#13;
required. For certain purposes, such as the collection of&#13;
fees on amateur performances, and in general the trans-&#13;
action of frequent petty authorisations with different&#13;
individuals, and also for the collection of fees in foreign&#13;
countries, almost all dramatic authors employ agents; and&#13;
in these ways the services of agents are real and valuable.&#13;
But the Society warns authors against agents who profess&#13;
to have influence with managers in the placing of plays, or&#13;
who propose to act as principals by offering to purchase&#13;
the author's rights. In any case, in the present state of&#13;
the law, an agent should not be employed under any&#13;
circumstances without an agreement approved of by the&#13;
Society.&#13;
WARNINGS TO MUSICAL COMPOSERS.&#13;
T ITTLE can be added to the warnings given for the&#13;
assistance of producers of books and dramatic&#13;
authors. It must, however, be pointed out that, as&#13;
a rule, the musical publisher demands from the musical&#13;
composer a transfer of fuller rights and less liberal finan.&#13;
cial terms than those obtained for literary and dramatic&#13;
property. The musical composer has very often the two&#13;
rights to deal with-performing right and copyright. He&#13;
should be especially careful therefore when entering into&#13;
an agreement, and should take into particular consideration&#13;
the warnings stated above.&#13;
STAMPING MUSIC.&#13;
The Society undertakes to stamp copies of music on&#13;
behalf of its members for the fee of 6d. per 100 or part&#13;
of 100. The members' stamps are kept in the Society's&#13;
safe. The musical publishers communicate direct with the&#13;
Secretary, and the voucher is then forwarded to the&#13;
members, who are thus saved much unnecessary trouble.&#13;
THE READING BRANCH.&#13;
REGISTRATION OF SCENARIOS AND&#13;
ORIGINAL PLAYS. -&#13;
M EMBERS will greatly assist the Society in this&#13;
branch of its work by informing young writers&#13;
of its existence. Their MSS. can be read and&#13;
treated as a composition is treated by a coach. The term&#13;
MSS, includes not only works of fiction, but poetry&#13;
and dramatic works, and when it is possible, under&#13;
special arrangement, technical and scientific works. The&#13;
Readers are writers of competence and experience. The&#13;
fee is one guinea.&#13;
REMITTANCES.&#13;
CYCENARIOS, typewritten in duplicate on foolscap paper&#13;
forwarded to the offices of the Society, together with&#13;
a registration fee of two shillings and sixpence, will&#13;
be carefully compared by the Secretary or a qualified assis-&#13;
tant. One copy will be stamped and returned to the author&#13;
and the other filed in the register of the Society. Copies&#13;
of the scenario thus filed may be obtained at any time by&#13;
the author only at a small charge to cover cost of typing.&#13;
Original Plays may also be filed subject to the same&#13;
rules, with the exception that a play will be charged for&#13;
at the price of 28. 6d. per act.&#13;
The Secretary of the Society begs to give notice&#13;
that all remittances are acknowledged by return of post,&#13;
All remittances should be crossed Union of London and&#13;
Smiths Bank, Chancery Lane, or be sent by registered&#13;
letter only.&#13;
&#13;
&#13;
## p. 273 (#737) ############################################&#13;
&#13;
THE AUTHOR.&#13;
273&#13;
GENERAL NOTES.&#13;
The Editor of “The Author” begs to&#13;
remind Members that there is no issue of&#13;
the magazine during the months of August&#13;
and September. He has inserted this notice,&#13;
as letters from Members frequently come to&#13;
the office asking why the magazine has not&#13;
been sent to them during those months.&#13;
COPYRIGHT IN HOLLAND.&#13;
It is with great pleasure we hear that there is a&#13;
Bill before the Dutch Parliament to enable Holland&#13;
to join the Berlin Convention. Tbis is very satis-&#13;
factory, as Holland has been too long outside the&#13;
Convention of Continental nations. If the Bill is&#13;
passed into law we understand it will come into&#13;
force the beginning of August, but it is impossible&#13;
at present to say what will be the ultimate result.&#13;
If the Bill does pass into law, it will afford a very&#13;
important protection to the property of English&#13;
copyright holders, as much English work is at&#13;
present published in Holland, and many dramatic&#13;
pieces performed there.&#13;
in order to secure their rights. Hitherto, the&#13;
dramatist has had, in addition to his Common&#13;
Law rights in his work, two distinct rights under&#13;
the Statute, (a) copyright, or the sole right of&#13;
multiplying copies, and (b) performing right, or&#13;
the sole right of authorising performances. The&#13;
former was secured by publication and the latter by&#13;
a public performance. These performances often&#13;
proved a source of much trouble and expense to&#13;
the dramatist, and, in many cases, of very little&#13;
pleasure to his friends who made up the audience.&#13;
These three rights (Common Law, copyright, and&#13;
performing right) are now included in the term&#13;
“copyright,” which is defined by the Act as the&#13;
sole right “to produce or reproduce the work or&#13;
any substantial part thereof in any material form&#13;
whatsoever, to perform, or in the case of a lecture&#13;
to deliver, the work or any substantial part thereof&#13;
in public ; if the work is unpublished, to publish&#13;
the work or any substantial part thereof." There&#13;
are certain subsidiary rights existent in the&#13;
copyright, such as rights of translation, mechanical&#13;
reproduction rights, which are dealt with in the&#13;
Act, but for the purpose of the present note, all we&#13;
desire to impress upon the dramatist is, that his&#13;
copyright starts immediately he has finished his&#13;
play, and he is able, in consequence, to proceed&#13;
against anyone making wrongful use of his&#13;
work either before, or after publication or per-&#13;
formance.&#13;
COPYRIGHT ACT, 1911.&#13;
We print, as a supplement to this issue of The&#13;
Author, the Statutory Rules and Orders issued by&#13;
the Board of Trade with reference to sect. 3 and&#13;
sect. 19, sub-sect. 6, of the Copyright Act, 1911.&#13;
We publish these as a supplement so that members&#13;
may be able to retain them separately from the&#13;
magazine in case they wish to do so. It will, no&#13;
doubt, be of great importance to many of our&#13;
members to have these copies. It is too early, yet,&#13;
to speak with certainty on the point of how these&#13;
rules and regulations will work. The most im-&#13;
portant are those relating to the composer's property&#13;
and the compulsory reproduction license. If this&#13;
mechanical reproduction is kept in the hands of a&#13;
few firms the rules may work efficiently, but if&#13;
such reproduction becomes cheapened, as is quite&#13;
possible, by pianola records and by future inven-&#13;
tions, and gets into the hands of smaller concerns&#13;
or even pirates, there will be no guarantee that the&#13;
·authors' or composers' royalties will be secured. At&#13;
present, howerer, all that can be done is to wait&#13;
and see.&#13;
THE GRAMOPHONE.&#13;
We have mentioned the position which the&#13;
cinematograph is taking in the matter of education&#13;
and educational problems; but it is also true that.&#13;
the gramophone is going to play no unimportant&#13;
part. Many records are being produced, designed&#13;
to teach French and other foreign languages, and&#13;
it is quite certain that at no distant date the&#13;
lectures of celebrated professors will also be given&#13;
to pupils through the same methods.&#13;
Under the new Copyright Act it is therefore of&#13;
great importance that writers of technical books&#13;
and lecturers on educational subjects should be&#13;
careful that their rights are not infringed.&#13;
IRELAND AND COPYRIGHT LEGISLATION.&#13;
We are glad to notice that the Home Rule Bill&#13;
leaves the question of copyright legislation with the&#13;
Imperial Parliament, and that Irish self-government&#13;
will not include the right to legislate on the subject&#13;
of copyright. This limitation is a very wise one,&#13;
as the difficulties which might have ensued, par-&#13;
ticularly in regard to International copyright&#13;
relations, if Ireland had been permitted separate&#13;
DRAMATIC RIGHTS.&#13;
We desire to remind dramatic authors that,&#13;
under the new Copyright Act, copyright per-&#13;
formances of their plays are no longer necessary&#13;
&#13;
&#13;
## p. 274 (#738) ############################################&#13;
&#13;
274&#13;
THE AUTHOR.&#13;
copyright legislation, would have been a source of Authors can be of any assistance the Committee of&#13;
much trouble to the owners of copyright property, Management will only be too willing to work in&#13;
both in Ireland and in other parts of the kingdom. harmony with the American society.&#13;
We wish it had been possible when passing the&#13;
Act of 1911 to have made the same reservation&#13;
with regard to the Colonies.&#13;
BIRTHDAY HONOURS.&#13;
WE must congratulate those members of the&#13;
society who have received the King's birthday&#13;
THE AMERICAN SOCIETY OF AUTHORS. honours.&#13;
Professor Waldestein, now Sir Charles Walde-&#13;
It is with great pleasure we record the fact stein, late Head Professor of Fine Art, Cambridge,&#13;
that American authors have at last decided to and for many years connected with the excavations,&#13;
organise themselves into a society founded on the not only in Greece but also in Italy : Mr. Edmund&#13;
model in some ways of our own society, and the Gosse, C.B., the librarian of the House of Lords,&#13;
Société des gens de Lettres. As our society, who was one of the original members of the society,&#13;
basing itself to some extent on the lines of the and has been on the council since its foundation ;&#13;
Société des gens de Lettres differs from it in certain Mr. Marc Auriel Stein, now Sir Marc Auriel Stein.&#13;
details, no doubt, the American Society will, again, K.C.I.E., whose explorations in Central Asia have&#13;
differ from the societies whose action it purposes&#13;
extended over many years, and whose latest dis-&#13;
to follow. It purposes to include, as our society&#13;
coveries have only this year been placed before the&#13;
endeavours to include, not only writers and&#13;
public; and Mr. Andrew Balfour, G.C.B., Director of&#13;
dramatists, but also composers and, perbaps, Government Research Laboratory in the Gordon&#13;
artists as far as they are illustrators of books. Memorial College, Khartoum.&#13;
We are glad to think that the moving spirit in&#13;
forming the organisation is Mr. Louis J. Vance,&#13;
the author of “The Brass Bowl” and “ The Black&#13;
Bag.” Mr. Vance was over in England some years&#13;
ago and joined the Society of Authors. He was&#13;
OBITUARY.&#13;
impressed with the methods of the society, and has&#13;
done a good deal to help the society by rendering&#13;
it efficient information on questions that have&#13;
HENRI MOREL.&#13;
arisen in the United States.&#13;
TT is with deep regret that we record the death&#13;
The American Society does not propose to be a 1 at Bex, on May 18 last, of M. Henri Morel,&#13;
social body in any way, and we think this action is Director of the International Bureau for the&#13;
very wise; it is to be a business body, pure and simple, Protection of Literary and Artistic Works, a man&#13;
and if it is thoroughly well organised as such is who merited the regard of authors of all nations.&#13;
bound to succeed. Amongst those who have given M. Morel presented an instance of a man who rose&#13;
the Society their support, the following are mem- from humble beginnings. Originally an engraver,&#13;
bers of the Society of Authors :-Ellen Glasgow, he entered public service first in the Swiss Canton&#13;
Harvey J. O'Higgins, Louis J. Vance, Langdon of Neuenburg. Later he was engaged as a railway&#13;
· Mitchell, and Miss Kale Douglas Wiggin. If such official ; and then, having turned his attention to&#13;
a society is successful it is impossible to gange the law, became a barrister. Thereafter he was in turn&#13;
advantage and assistance that it may be to our Chief Judge at La Chaux-de-Fonds, member of the&#13;
society. Confidential reports can be sent back- Neuenburg Cantonal Court, and President of the&#13;
wards and forwards, and matters dealing with Criminal Court. Upon the foundation (in a some-&#13;
members' property on both sides of the water can what summary fashion) of the international Bureau&#13;
be discussed with a view to strengthening the of Industrial Property in 1884. M. Droz was&#13;
position of the owners of that property. In appointed as the first director, and when at the&#13;
addition, it may be possible, subject to some end of 1887 there was adjoined to this institution&#13;
financial arrangement, for each society to carry a new bureau, that for the International protection&#13;
through in its respective country the work of the of copyright, the necessity of some more complete&#13;
other society for its members. It, no doubt, will organisation becoming apparent, M. Morel was&#13;
be of great advantage also to those who have got appointed, with the title of “Secretary General,"&#13;
markets on both sides of the Atlantic to be members to work under M. Druz. Five years later, in 1892,&#13;
of both societies if the organisation for carrying out he was appointed director. His post was, at the&#13;
the business is efficient and reliable.&#13;
outset, one of considerable difficulty, and demanded&#13;
We wish Mr. Vance and his confrères every unusual tact. International offices were a novelty,&#13;
success, and feel confident that if the Society of and regarded in some quarters with mistrust, and&#13;
&#13;
&#13;
## p. 275 (#739) ############################################&#13;
&#13;
THE AUTHOR.&#13;
275&#13;
in others with antipathy. M. Morel showed that tingent in the words and music of my song entitled&#13;
he fully appreciated bow delicate was his position, "&#13;
"it being understood that I receive a royalty of&#13;
per copy on all sold of the same in Great Britain,&#13;
and that he possessed also the abilities necessary&#13;
Ireland, and the Colonies (13 copies to count as 12), also&#13;
to cope with its perils. The consolidation of both five per cent. on the market price of all copies sold in the&#13;
the unions over which he presided was principally United States ; 200 copies in both countries to be free for&#13;
due to his discretion and his excellent influence.&#13;
novelty purposes."&#13;
In the numerous conterences in which he took part,&#13;
“Any royalties obtained on the sale of gramophone&#13;
records or similar mechanical reproductions. in all&#13;
the clearness of his mind, his tact, his extensive countries to be equally divided between composer and&#13;
knowledge, and his personal charm, were universally publisher."&#13;
appreciated. He was wont in jest to call himself&#13;
"an international pointsman." The Conference of It is hardly necessary to comment on the absurdity&#13;
Berlin may be described as the last great effort of of this bargain from the composer's standpoint.&#13;
bis life. It was one that appears to have overtaxed The one party assigns all his rights and the other&#13;
his strength, for after it his forces began to fail party undertakes no responsibility except the bare&#13;
visibly. He suffered less, however, from the responsibility of publication, subject to a royalty.&#13;
malady that was overpowering him than from a It has been so often repeated in The Author that&#13;
regret that he was unable to continue his labours. a composer should not assign his rights, either&#13;
It had been always his ambition to die in harness. his performing right or his copyright, but should&#13;
Circumstances forbade his accomplishing his wish; only grant a licence to perform and publish, that&#13;
and. on April 1 last, he found himself com- it is hardly worth while to repeat the warning&#13;
pelled to resign his directorship. His name must again, or give the reasons for it. So important, how&#13;
be inserted among those of the workers whose toil ever, is the matter that the Committee of Manage-&#13;
has been long and beneficial to mankind. This is ment included a long statement of the danger of&#13;
the only praise and the only recompense that he&#13;
this assignment in last year's report, which was&#13;
ever desired.&#13;
sept out to all the members of the Society. Under&#13;
the agreement printed above, which is one of&#13;
the usual pattern, the publisher, with a view no&#13;
COMPOSERS' AGREEMENTS.&#13;
doubt to the new Copyright Act which will come&#13;
into force this month, is trying to claim more than&#13;
the copyright and performing right, namely, a&#13;
COME two years ago the Society of Authors was portion of the gramophone fees. This side of&#13;
D approached by a firm of music publishers who the question has also been discussed by the Com-&#13;
desired to arrange an agreement more equi. posers' Sub-Committee, who deemed it advisable&#13;
table to composers than the usual document placed to have the following notice published in the daily&#13;
before them by the best music publishers in papers :&#13;
London. The matter was referred by the Com-&#13;
The Incorporated Society of Authors and the Society&#13;
mittee of Management to the Copyright Sub-&#13;
of British Composers desire to direct the attention of all&#13;
Committee. An agreement was put forward, many the composers in the United Kingdom to their powers&#13;
meetings were held, and after full discussion à and rights in regard to the mechanical reproduction of&#13;
contract was finally settled which was approved by&#13;
their works, as defined by the Copyright Act of 1911,&#13;
which declares that the Composer has the sole right to&#13;
the Committee of Management and printed, with&#13;
authorise or prohibit the making of any mechanical&#13;
comments, in The Author of May, 1910.&#13;
reproduction of his compositions. No matter what assign.&#13;
Another firm has approached the Society and ment of mechanical rights the composer may have made&#13;
declared its willingness to put forward an equi-&#13;
before the passing of the Act, the Act annuls such an&#13;
assignment, and confers solely upon the composer all&#13;
table agreement. This contract has been submitted&#13;
royalties derived from such mechanical rights. In order&#13;
to the Copyright Sub-Committee, and after some to make the latter part of this statement quite clear,&#13;
negotiation the agreement printed below was section 19, sub-section 7 (c) of the Act should be quoted in&#13;
settled. The Committee of Management desire to&#13;
full:--.&#13;
give their approval to this document not because&#13;
“Notwithstanding any assignment made before the&#13;
passing of this Act of the copyright in a musical work,&#13;
it is a perfect contract between composer and any rights conferred by this Act, in respect of the making,&#13;
publisher but because it is far in advance of the or authorising the making, of contrivances by means of&#13;
usual music publishers' agreement, as may be seen&#13;
which the work may be mechanically performed shall&#13;
by reading the following, which may be called the&#13;
belong to the author or his legal personal representatives&#13;
and not to the assignee, and the royalties aforesaid shall be&#13;
prevalent method for the disposal of much musical payable to, and for the benefit of, the author of the work&#13;
work.&#13;
or his legal personal representatives."&#13;
From this it is obvious that the music publisher has no&#13;
“In consideration of the sum of Pounds paid to locus standi whatever in the matter, and he has no more&#13;
me this day, I hereby agree to assign to&#13;
the right to decide upon a division of the composer's royalties&#13;
whole of my rights and interest, present, future and con- than upon a division of any other of his private property.&#13;
&#13;
&#13;
## p. 276 (#740) ############################################&#13;
&#13;
276&#13;
THE AUTHOR.&#13;
It is certain that agencies for the collection of com-&#13;
posers' royalties, for a reasonable consideration, will come&#13;
into existence. It is, therefore, strongly impressed upon all&#13;
composers :-&#13;
1. Not to part with the property which is exclusively&#13;
theirs by Act of Parliament.&#13;
2. Not to employ any agent or agencies without careful&#13;
enquiry into their financial position and stability:&#13;
3. Not to enter into any contract for sheet publication&#13;
which contains any conditions whatsoever with regard to&#13;
their rights of mechanical reproduction.&#13;
THE SUGGESTED AGREEMENT.&#13;
The following agreement has been submitted to&#13;
the society by Messrs. J. Curwen &amp; Sons, with&#13;
whose permission we are enabled to print it. It&#13;
will be seen to contain the principle of the licence&#13;
in place of the highly objectionable total surrender&#13;
of all rights.&#13;
MEMORANDUM OF AGREEMENT made this day of&#13;
one thousand nine hundred and between&#13;
of&#13;
hereinfter called the Composer&#13;
of the one part and J. Curwen &amp; Sons Limited of 24&#13;
Berners Street London W. hereinafter termed the Pub.&#13;
lishers of the other part whereby it is mutually agreed&#13;
between the parties hereto for themselves and their&#13;
respective heirs administrators and assigns as follows :&#13;
1. Assignment of licence to publish.—That in consideration&#13;
of the hereinafter mentioned payments and subject to the&#13;
termination clauses hereinafter mentioned the Composer&#13;
hereby agrees to sell and assign to the Publishers an&#13;
exclusive licence during the whole period of the copyright&#13;
(including any renewals and extensions thereof) to print&#13;
publish and sell copies of the composition of the Composer&#13;
at present intituled&#13;
hereinafter called&#13;
the Work or of any part thereof in Great Britain and&#13;
Ireland her Colonies and Dependencies and further agrees&#13;
that during the currency of this agreement neither himself&#13;
nor his heirs executors cr assigns shall print or publish&#13;
any copies of the said Work or any part thereof or of any&#13;
adaptation or arrangement thereof within the said limits&#13;
and shall sell only such copies as are obtained from the&#13;
Publishers and the Publishers shall not publish any&#13;
arrangement of alteration in or variation in or of the&#13;
music of the said Work without the consent in writing of&#13;
the Composer. But subject to the rights hereinbefore&#13;
granted the Composer retains the copyright and per-&#13;
forming rights of the Work.&#13;
2. Publication.—The Publishers shall bear the whole&#13;
cost of printing publishing and advertising the said Work&#13;
and shall use their best endeavours to print and publish&#13;
the said Work within months of the date of this&#13;
agreement and to sell copies of the same in accordance&#13;
with their usual course of business.&#13;
3. Form and price.--The Publishers shall issue the Work&#13;
in form at the price of&#13;
or if occasion&#13;
requires in such other form or at such other prices as may be&#13;
mutually agreed between the Composer and the Publishers.&#13;
The general management of the production publication&#13;
reprinting and sale of the Work shall be left to the judg.&#13;
ment and discretion of the Publishers.&#13;
4. American Copyright.-The publishers shall print on&#13;
each copy of the Work the notice required by law of the&#13;
reservation of copyright in the United States of America&#13;
and shall on publication of the Work duly deposit the&#13;
necessary copies and enter the copyright in the Copyright&#13;
Office at Washington.&#13;
5. Performing Right.- If required in writing by the&#13;
Composer before the signing of this agreement the Pub-&#13;
lishers shall comply with the provisions of the law relating&#13;
to notice of reservation of performing rights.&#13;
6. Satutory Copies.--The Publishers shall provide and&#13;
deposit the copies required by statute for the public&#13;
libraries.&#13;
7. Payment of Royalties.-- The Publishers shall pay the&#13;
Composer his heirs executors or assigns a royalty of of&#13;
the full published price of all copies sold in either notation&#13;
thirteen copies being counted as twelve but no royalty&#13;
shall be paid to the Composer on complimentary copies&#13;
given to him or on copies given away for the purpose of&#13;
advertisement.&#13;
8. Statement of Account.-The publishers shall make up&#13;
the statement of accounts annually to the 31st day of May&#13;
in each year and shall render the account and pay the&#13;
Composer the amount due within three calendar months&#13;
from the said date.&#13;
9. Copies for Composer: -- The Composer shall be sup-&#13;
plied with copies of the Work for his personal use at the&#13;
full trade discount.&#13;
10. Work not a violation of other rights.—The Composer&#13;
guarantees to the Publishers that the said Work is an&#13;
original work and is in no way whatsoever a violation of any&#13;
copyright belonging to any other person or persons&#13;
partnership firm or incorporated company and that it&#13;
contains nothing of an objectionable or libellous character&#13;
and agrees that he and his legal representatives shall and&#13;
will hold harmless and keep indemnified the Publishers&#13;
from all suits and all manner of claims proceedings and&#13;
expenses which may be taken or incurred on the ground&#13;
that the said work is such violation or contains anything&#13;
objectionable or libellous.&#13;
11. Prvofs.-The Composer undertakes to correct the&#13;
proofs of the Work within fourteen days of their receipt.&#13;
And should he fail to do so then the Publishers shall be at&#13;
liberty to make such corrections as they shall consider&#13;
necessary.&#13;
12. Infringements.--If either party has reasonable cause&#13;
for believing that the copyright in the said composition&#13;
has been infringed he or they shall give immediate notice&#13;
to the other party. If the Composer takes proceedings&#13;
in respect of the infringement and if the Publishers desire&#13;
to be joined in the action they may give written notice&#13;
to the Composer to that effect and on an undertaking on&#13;
their part to pay an equal sbare in the entire cost of the&#13;
litigation the Composer shall join them as parties. In such&#13;
case the Composer shall diligently prosecute the action&#13;
but shall retain control of the proceedings and may make&#13;
any reasonable settlement with the defendants in the&#13;
interests of Composer and Publishers and the damages if&#13;
any recovered shall be firstly applied in payment of costs&#13;
and if there is any surplus shall be divided equally between&#13;
Composer and Publishers. If the Composer after the&#13;
infringement has come to his notice refuses or neglects&#13;
to take proceedings in respect thereof the Publishers sball&#13;
be entitled to take proceedings and on giving the Composer&#13;
a sufficient and reasonable indemnity against liability for&#13;
costs shall be entitled to use the Composer's name as a&#13;
party to such proceedings. In such case the Publishers&#13;
shall retain control of the proceedings and may make any&#13;
reasonable settlement in the interests of Composer and&#13;
Publishers and the damages if any recovered shall be&#13;
firstly applied in payment of costs and if there is any&#13;
surplus shall be divided in the proportion of one-third to&#13;
the Composer and two-thirds to the Publishers.&#13;
13. Termination of licence by publishers' liquidation.-&#13;
In the event of the Publishers going into liquidation the&#13;
licence hereunder to make print publish and sell shall&#13;
cease from the date of the winding-up order but in the&#13;
event of the Publishers reconstructing their company or&#13;
amalgamating themselves with another company or&#13;
&#13;
&#13;
## p. 277 (#741) ############################################&#13;
&#13;
THE AUTHOR.&#13;
277&#13;
firm the Composer bis heirs executors or assigns shall too, that under tbe Act of December, 1911, copy.&#13;
without further consideration grant a licence in similar right means much more than it did under the old&#13;
form to such reconstructed or other company or firm&#13;
unless he states in writing his objection to the nature of&#13;
Act, where the rights were divided ; and, although&#13;
the reconstruction or amalgamation. And in the event of the suggested agreement in its first clause gives the&#13;
his making such statement of objection he shall not make exclusive licence during the whole term of copy-&#13;
an agreement with any other publisher whereby he shall&#13;
right, this licence is very strictly limited in the&#13;
be entitled to receive higher royalties or any larger&#13;
other clauses.&#13;
remuneration than that to which he is entitled under this&#13;
agreement.&#13;
The position of the composer is not under this&#13;
14. Termination of licence by notice. If the Publishers agreement one of absolute freedom, such as may be&#13;
shall at the end of three years from the date of publication&#13;
looked for in the future, but his more advantageous&#13;
or at any time thereafter give written notice to the&#13;
Composer that in their opinion the demand for the Work&#13;
attitude will appear on further consideration. If he,&#13;
has ceased or if the publishers shall have at any time under the usual agreement, assigns his copyright, then&#13;
allowed the same to be out of print or off the market for a the publisher can publish any arrangement or altera-&#13;
period of not less than six calendar months and shall&#13;
tion of the music so long as such arrangement or&#13;
receive written notice from the Composer to that effect&#13;
then if within three months of such written notice having&#13;
alteration does not amount to a libel on the com-&#13;
been received by either party as the case may be the poser's reputation. Under Messrs. Curwens' agree-&#13;
Publishers do not print an edition or use the ordinary ment the publisher is absolutely forbidden to do&#13;
methods for putting the work again on the market the&#13;
so, and it is expressly stated that the composer&#13;
licence hereunder to make print publish and sell shall&#13;
retains the copyright and the performing right in&#13;
cease.&#13;
15. In the event of the cesser of this licence under the work and, in consequence, he would also retain&#13;
either of the preceding clauses of this agreement the any fees that come to him from reproduction on&#13;
Composer shall have the option of purchasing the plates of&#13;
mechanical instruments, which are his under the&#13;
the said Work and all unsold copies at an agreed valuation.&#13;
Provided that if the Composer does not exercise that&#13;
Act of 1911—for he does not undertake to sell or&#13;
option within three months of the cesser of the said licence assign these to the publisher in any part of the&#13;
the Publishers may at any time thereafter dispose of such agreement. The publisher is also limited with&#13;
plates and copies as they may think fit.&#13;
regard to country, so that no publication can be&#13;
16. Execution of further assurances.--- The Composer&#13;
made in America or abroad. The composer can&#13;
agrees for himself his heirs executors and assigns to execute&#13;
such further assurances of the premises hereby assigned as either enter into a contract direct with a foreign&#13;
may reasonably be required.&#13;
publisher, or make a fresh arrangement with&#13;
17. Throughout this agreement words denoting the male the English publisher. Under clause 3 the pub-&#13;
gender shall be held to connote the female gender.&#13;
18. Interpretation.--This agreement wherever made shall&#13;
lisher is further limited in his rights to print,&#13;
be construed according to English law.&#13;
publish and sell both as to the format in which the&#13;
As Witness the band of the Composer and the hand of&#13;
work is to be produced and as to the price at&#13;
on behalf of the Publisher the day and which it is to be sold. No alterations can be made&#13;
year first above written.&#13;
in the format or price without mutual agreement.&#13;
Signature of Composer. This clause is a most satisfactory clause from the&#13;
composer's point of view.&#13;
Witness to the above signature.&#13;
Clause + is also satisfactory as the publisher is&#13;
Name.&#13;
thereby bound to add words necessary to reserve&#13;
Address.&#13;
the copyright in the United States, and bound to&#13;
go through the necessary technicalities to secure&#13;
Occupation.&#13;
the copyright in that country. As most composers&#13;
Signed for J. Curwen &amp; Sons Limited,&#13;
know, the printing of music in the l'nited States is&#13;
Director,&#13;
not essential under the l'nited States Act.&#13;
Witness to the above signature.&#13;
Clause 5, under the Act of 1911, will be&#13;
ineffective and can be taken out of the agree-&#13;
Name.&#13;
ment when that Act comes into force.&#13;
Address.&#13;
Clauses 6, 7, 8, 9, 10 and 11 may pass with but&#13;
little comment. It is true that in inost cases it is&#13;
Occupation,&#13;
satisfactory to have semi-annual accounts, but an&#13;
The Composer should note that he has the right at&#13;
exception was made in this special agreement by&#13;
common law to inspect the books of the Publishers which&#13;
refer to his Works published under this agreement.&#13;
the Copyright Sub-Committee after discussion of&#13;
the point with Messrs. Curwen &amp; Sons.&#13;
The Committee of Management recognise the Clause 11 is almost identical with the clause&#13;
first clause of the agreement as being a great which stands in the agreement which was before the&#13;
advance. It does away with the transfer of copy. Committee in May, 1910, the view of the composer&#13;
right demanded by the document printed at the and the publisher being that the corrections&#13;
beginning of this article. It should be mentioned, necessary would be mere printer's errors.&#13;
&#13;
&#13;
## p. 278 (#742) ############################################&#13;
&#13;
278&#13;
THE AUTHOR.&#13;
Clause 12 is rather complicated, but this is due in making a move to enter the Copyright Union,&#13;
to the intention of being very inclusive in the pro- and is proposing such a revision of the national&#13;
visions. It will not be so important under the Act copyright law as shall make this step possible.&#13;
of 1911.&#13;
The projected statute is presented in an official&#13;
Clause 13 was discussed at considerable length document : “ Session of 1911–1912. No. 227.&#13;
between the Copyright Sub-Committee and the New Regulation of Copyright." This document&#13;
representative of Messrs. Curwen &amp; Sons. To the consists of two parts, the “ Proposed New Law,"&#13;
casual observer it also may seem complicated, but and an “Explanatory Memoir," both of which are&#13;
the reason for its being drafted on the present lines of a highly interesting character.&#13;
is as follows :-The publishers have the exclusive The “ Explanatory Memoir " should be read first.&#13;
right to publish during the whole term of copy. It contains a lucid explanation of why the present&#13;
right. The Sub-Committee desired that the agree Dutch copyright law requires to be revised before&#13;
ment should be terminated under the circumstances Holland can join the Berlin Convention, and dis-&#13;
set out. Messrs. Curwen wanted the licence to cusses in a manner admirable for its profundity and&#13;
continue, and urged that if the author has the exactness the reasons for the various dispositions&#13;
option to terminate the agreement he might merely which the Legislature proposes. Among other&#13;
do so with a view of raising his financial remu particulars set forth in the memoir the following&#13;
neration against a reconstructed firm. The Sub- deserve special attention. The Dutch government&#13;
Committee argued that the composer might desire that their new law shall not be a servile&#13;
object strongly, for reasons which could not be imitation of what has been proposed to the European&#13;
stated under an ordinary arbitration, to allow his nations by the Berlin Convention, but shall hare&#13;
work to be published by the reconstructed company original merits of its own. The proposed law is&#13;
or firm. In order to meet the views of both parties consequently in several respects in advance of&#13;
the last sentence was inserted. This clause is more previous legislation, and at the same time in several&#13;
stringent and more to the disadvantage of the com- respects simpler. As an instance of the latter feature&#13;
poser than the corresponding clause in the agree- may be mentioned a remark made regarding enact-&#13;
ment which is printed in The Author of May, 1910. ments regulating cinematographic representations.&#13;
The clause runs as follows:---&#13;
The memoir observes, with much reason, that&#13;
practically the legislation which rules the copyright&#13;
"In the event of the publishers, or any of them,&#13;
becoming bankrupt (in the case of a limited company&#13;
and exhibition of photographs, rules at the same&#13;
substitute “going into liquidation ") the licence hereunder time the copyright and exhibition of cinemato-&#13;
to make, print, publish and sell shall cease from the date graphic representations. The cinematograpbic&#13;
of the adjudication (or in the case of a limited company&#13;
theatre in reality throws upon the screen merely a&#13;
substitute “winding-up order ').&#13;
number of successive photographs. These, indeed,&#13;
There is nothing that need be said about the follow one another with a rapidity too great for the&#13;
remaining clauses which are self-explanatory. The human eye to be able to distinguish between them,&#13;
Committee would impress upon those composers but are, after all, only a number of different photo-&#13;
who are members of the Society that the contract graphis presented to view in rapid succession ; so&#13;
set up by the agreement is far more advantageous that any legislation which duly regulates the&#13;
for composers than the customary absurd contracts multiplication and exhibition of photographs ipso&#13;
which are offered to them. The ruinous assign- facto rules the cinematographic theatre. The whole&#13;
ment of copyright is absent.&#13;
exhibition is only, as the memoir remarks,“ a form&#13;
It must be again insisted that composers shonld of presentation to view by a magic lantern.” The&#13;
nerer assign their copyright which, under the Act new Dutch law will, in this particular, be simpler&#13;
of 1911, will include their perforining right, and than any other which has dealt with the same&#13;
should never assign to the publishers the gramo subject. Respecting artistic copyright new ground&#13;
phone rights to which they are wholly entitled seems to be broken in the discussion of the right&#13;
under that Act.&#13;
of reproduction of portraits. There are here com-&#13;
plications arising from the artist's copyright in the&#13;
portrait, and the admitted right of the living&#13;
THE PROPOSED NEW COPYRIGHT&#13;
original to forbid the multiplication and exhibition&#13;
of bis portrait, and the discussion in the memoir&#13;
LAW OF HOLLAND.&#13;
of these crossing rights (if the term may be used)&#13;
is fuller than we have elsewhere seen. A different&#13;
FTER many years of hesitation, and after problem is presented by the question of the artist's&#13;
many disputes respecting the probable right to make replicas of his own work, a right&#13;
advantage or disadvantage of adhesion to which the Dutch law will reserve to him. Very&#13;
the Berlin Convention, Holland is at last engaged interesting also is the discussion of a question&#13;
A&#13;
many&#13;
&#13;
&#13;
## p. 279 (#743) ############################################&#13;
&#13;
THE AUTHOR.&#13;
279&#13;
which, to the best of our knowledge, has not been the Dutch criminal code, the act will also apply to&#13;
hitherto determined in all its aspects, namely, how the Dutch East Indies.&#13;
far does copyright impede the right to produce the Of the proposed new law itself, lack of space&#13;
same idea in an entirely different form? A very compels us to mention only some salient particu-&#13;
simple case of this is the dramatisation of novels ; lars. In general its provisions are such as those&#13;
a case in which all modern legislation reserves to elsewhere established. Copyright will be personal&#13;
the original author an inhibitive right. This property, and transmissible, but only by writing.&#13;
elementary case is, howerer, one in which the Inherited unpublished copyright is not subject to&#13;
author's rights are obvious. By no means SO seizure. Copyright is accorded to books, pamphlets,&#13;
obvious is the case of a painting of a sculpture. newspapers, journals, and all other writings; dramas,&#13;
To come to the extreme instance possible, how will dramatic music, lecturers, choregraphic works and&#13;
the case stand when some incident in a novel or pantomimes whose conduct is described in writing&#13;
poem is described by the author with the fullest or otherwise ; music, with or without words ;&#13;
particulars of surrounding scenery and of the situa- sketches, paintings, architectural designs, sculp-&#13;
tion of the dramatis personæ at a given moment, tures, lithographs, engravings and other works on&#13;
and an artist paints a picture representing exactly plates ; geographical maps, plans, designs and&#13;
what he has read? In the illustration of books it plastic works bearing on arcbitecture, geography,&#13;
is not an uncommon phenomenon to find that it is topography and other sciences ; photographic and&#13;
difficult, or even impossible, to bring the illustra- cinematographic works, and works of a similar&#13;
tions into harmony with the text ; and this may character; artistic works of a commercial character,&#13;
suggest that the above assumption is a very un- and in a word to any product belonging to the&#13;
likely one; only, presuming it to be verified, has the provinces of literature, science or art, whatsoever&#13;
artist infringed the author's copyright ? He has may be its manner of production. Collected works&#13;
certainly been picking the author's brains.&#13;
of any kind will be regarded as a single work.&#13;
The memoir accepts as indisputable the author's There is no copyright in laws, judicial decrees and&#13;
“moral right”—that is to say his right to interdict public announcements.&#13;
any modification of the work which he has pro. Reproduction of news published in journals will&#13;
duced. This right is so far removed from any not be regarded as an infraction of copyright if&#13;
commercial interests, and has been only so recently the source is indicated, but reproduction may be&#13;
postulated and discussed, that it may appear to forbidden.&#13;
many to be wholly imaginary ; though there are Also will be regarded as no infraction of copy-&#13;
few authors or artists who will not immediately right the reproduction of a portrait, by or at the&#13;
declare in favour of it. Here the new Dutch law command of the person represented, or by his&#13;
boldly defends what is one of the highest, though relatives after his death, provided that the repro-&#13;
one of the most intangible rights of an author. At duction differs widely in size from the original.&#13;
the same time it fully admits the impossibility of The possessor of the copyright of a portrait&#13;
its universal practical enforcement. The new law cannot publish it without the consent of the person&#13;
proposes to accord copyright to “ commercial represented, but the possessor of architectural&#13;
art"--objects designed for practical use and here designs may exbibit then for sale.&#13;
again sanctions one of the most recent views. The modification of any copyright work by the&#13;
respecting copyright; but the memoir appositely purchaser, or at his command, is forbidden (except&#13;
observes that both in the case of objects of this in the case of buildings and trade designs) unless&#13;
sort and in the case of architectural designs, it will the author gives his consent to the modification.&#13;
be practically impossible to insist upon “moral The author retains this right as long as he lives.&#13;
copyright” in the sense in which it can be accorded The author, if he applies for them within a month&#13;
to the literary author, the painter, or the musical after seizure, may claim to have pirated works&#13;
composer. Practical needs or improvements may handed over to him, and may put them on the&#13;
compel the modification of a commercial design, or market.&#13;
of a building, and in such cases protection cannot The term of copyright is life and fifty years. In&#13;
be given the designer.&#13;
the case of collaboration the fifty years are calcu-&#13;
The memoir concludes with an expression of the lated from the date of the death of the last surviving&#13;
desirability of the new act's coming into force as collaborator. Anonymous works have a copyright&#13;
soon as possible after it shall have been passed; of fifty years. The right of translation lapses if&#13;
and the concluding article of the new act itself not exercised within ten years from the last day of&#13;
declares that it shall come into force in the Dutch the year in which the work was first published, for&#13;
Kingdom in Europe on the first day of the month the languages in which the author has not given his&#13;
following its passing. With the exception of permission for translation in one of the countries&#13;
certain modifications which the act will involve in belonging to the international copyright union.&#13;
&#13;
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## p. 280 (#744) ############################################&#13;
&#13;
280&#13;
THE AUTHOR.&#13;
The same rule applies to translation for dramatic increased through M. de Cardonne and M. Dufay,&#13;
performance.&#13;
the learned librarian of Blois.&#13;
Photographic copyright has a term of fifty years. At Chambord ample time was given to explore its&#13;
A work is regarded as published only when it is halls and double staircase, and to get many a hint&#13;
manifolded for sale. The performance of a dramatic on the architecture of this “forest of campaniles,&#13;
work, or of a piece of music, or the exhibition of chimneys, domes, towers, etc.” and to learn the&#13;
a picture is not publication.&#13;
meaning of the “Salamander" they were to meet&#13;
with so often. From Chambord the drive was con-&#13;
tinued through the forest and pretty villages, to the&#13;
picturesque castle of Cheverny. Particular note was&#13;
BRITISH WRITERS AND JOURNALISTS taken of the garden produce cultivation en route. At&#13;
IN TOURAINE.&#13;
Cheverny the fine tapestries, arms, and armour,&#13;
and the interesting room, such as the Salle des&#13;
Gardes and the Bedchamber of Henri IV. were&#13;
M HE expeditions into foreign countries by the critically explained and examined, and then came&#13;
1 members of the British International Associa- the return to Blois, and a reception at the Hôtel de&#13;
tion of Journalists have produced important Ville by the Mayor and authorities; at which Sir&#13;
results, not only in the shape of numerous articles James Yoxall, in the language of the country,&#13;
in journals and magazines, but also in the issue responded to many pleasant words. of greeting. The&#13;
of volumes topographical, historical, and of fiction, following day the fêtes in honour of the 500th&#13;
dealing with the people and homes of the lands anniversary of Joan of Arc's martyrdom were&#13;
visited. Some of these expeditions, brought celebrated, and Blois and its cathedral were en féle&#13;
about by invitations from the foreign authorities, for the commemoration. The morning was devoted&#13;
have been extensive, entailing some weeks of to a careful study of Blois Castle, under the guid-&#13;
travel. To meet the wishes of the members whose ance of M. Dufay, who brought out every point of&#13;
time is limited, a short tour in Touraine was architecture and history. This with the Joan of Arc&#13;
suggested by the president, Sir James Yoxall, M.P., services and processions gave them much subject-&#13;
whose knowledge of French and France gave matter and a new insight into Blois bistory. The&#13;
weight to his suggestion, and although this was not next morning they left the city with regret, and&#13;
the occasion of an important invitation being halted at Onzaine, en route for Tours, to study the&#13;
accepted, the authorities in Touraine, and especially Château of Chaumont, where again M. de Cardonne&#13;
the Presidents of the “Syndicat de l'initiative," at and M. Dufay were their historical guides. In the&#13;
Blois and Tours, M. M. de Cardonne and Cheverel, evening Tours was reached, and at the Hôtel de&#13;
greeted the idea heartily, and in a small space of l'Univers all were cordially received by M. Cheverel,&#13;
time ensured a most successful reception and pro- the president of the Syndicat, and M. Mockers, the&#13;
gramme. The whole plan was to be contained in leading journalist, aud the other officials of the&#13;
a useful, enjoyable journey of eight days, one that city, who had arranged a comprehensive three days'&#13;
would largely increase the knowledge of the programme by motors to all the principal châteaux&#13;
travellers. The South Eastern and Chatham and the of Touraine, including Chinon, Chenonceaux,&#13;
Paris-Orleans railways made such careful arrange. Amboise, Azay le Rideau, Laugeais, Loches, etc.&#13;
ments that the journey to Touraine via Paris was A whole delightful day was devoted to Chinon and&#13;
accomplished sans fatigue. A day's halt in Paris the castles en route, and over all these historic&#13;
allowed the president and officials of the association wonders of architecture local gentlemen gave their&#13;
to be received by the Minister of Public Works, services as guides, and thus enhanced the value&#13;
Senator Jean Dupuy, and greetings were received of the tour enormously. The specialist in&#13;
from such well-known journalists as Count Etienne architecture, or history, agriculture, or folklore,&#13;
de Naleche, M. Adrien Hebrard, M. Victor all had their questions answered, and the balts in&#13;
Taunay, M. A. Humbert.&#13;
these romantic castles gave keen delight to the&#13;
An early morning train from Paris landed the English travellers. After the day at Chenonceaux&#13;
party in Blois by 10 A.M. Here at once was and Amboise, a reception was given by the Mayor&#13;
apparent the cordiality of the reception by M. Henri and Council at Tours at the New Town Hall,&#13;
de Cardonne and the authorities, who had arranged which was illuminated for the occasion. In the&#13;
an interesting and comprehensive programme for artistically decorated salons, a Vin de'honneur was&#13;
the time to be spent at Blois. At 1 P.M. the party proferred by the Maire, who proposed the health of&#13;
were en route in carriages for Chambord, driving His Majesty King George, to which Sir James&#13;
along the banks of the Loire, and soon found that Yoxall responded by proposing the French President,&#13;
their knowledge of the link between French and in a speech that proved his thorough knowledge of&#13;
English history was to be widely and delightfully the history of Touraine. M. Mockers, who on&#13;
&#13;
&#13;
## p. 281 (#745) ############################################&#13;
&#13;
THE AUTHOR.&#13;
281&#13;
behalf of “ La Presse Tonrangelle" proposed the the writer explain? Why doesn't the reader&#13;
English Press, was replied to by the writer, who, guess ? But instead of blaming one another, they&#13;
in his turn, gave the Press of France, and especially would do better to blame the age in which they&#13;
that of Tours and Touraine.&#13;
live. For their conversation is peculiarly modern.&#13;
In the morning the librarian, M. Gaston Collon, It never occurred in the past. Then, if the writer&#13;
gave much time in showing the most remarkable was questioned, he would reply quite simply and&#13;
MSS. treasures of the library, some unique, all very. cheerfully, “Apollo inspired me." The reader&#13;
beautiful and deeply interesting. In returning answered, “ Praised be Apollo !” and all was well.&#13;
from Amboise a halt was made at the new golf Both parties assumed the intervention of a god,&#13;
club house, where the Marquis de Beaumont, the who, duly invoked, poured something into the&#13;
president, gave a cordial reception and afternoon worshipper that human converse cannot produce,&#13;
tea. The new discoveries at Loches keenly interested and made him a channel for exciting and extra-&#13;
the British writers, and as at Amboise so here ordinary words. They believed in inspiration.&#13;
everyone felt the expedition was not only delightful To-day we have dethroned A pollo. But it may&#13;
but educative. After the official tour was ended, be questioned whether we have put any adequate&#13;
some availed themselves of facilities to visit Poitiers, theory in his place. Science—as usual-is not&#13;
where M. Robuchons, president of the Syndicat de quite ready. She has one or two more facts about&#13;
l'initiatif, received them, and explained the monu- psychology and physiology to master before she&#13;
ments of the wondrons old city; other members can ascend Parnassus and explain exactly how&#13;
visited other parts of France, including the George books are written. And while she is mastering&#13;
Sand country, Bourges, Clermont-Ferrand, the Puy these facts, and the one or two hundred other facts&#13;
de Dôme district, gaining thus much additional to which they will lead her, the reader gets at cross&#13;
knowledge of France and the French nation.&#13;
purposes with the writer, and the writer says&#13;
JAMES BAKER.&#13;
“Er-er-" Is it possible to forestall science&#13;
and to give some answer from our own experience ?&#13;
Experiences vary, but most writers when they&#13;
compose seem to go through some such process as&#13;
INSPIRATION.&#13;
follows. They start pretty calın, promising their&#13;
wives they will not let the fire out or be late for lunch.&#13;
They write a few sentences rery slowly and feel&#13;
TOST of us, either as reader or writer constricted and used up. Then a queer catastrophe&#13;
1 must have taken part in the following happens inside them. The mind, as it were, turns&#13;
conversation :&#13;
turtle, sometimes with rapidity, and a hidden part&#13;
Reader : It is a great pleasure to meet you. of it comes to the top and controls the pen.&#13;
I have admired your books so much ; do you mind Quicker and quicker the writer works, his head&#13;
talking about them ?&#13;
grows hot, he looks far from handsome, he spoils&#13;
Writer : Oh, thank you, I don't think so.—No. the lunch and lets out the fire. He is not exactly&#13;
Reader : Because I wanted to ask you. How do “rapt”; on the contrary he feels inore himself&#13;
you set about them? How do they come ? Do than usual, and lives in a state which he is con-&#13;
you plan out a book beforehand ? Or do you make vinced should be his normal one, though it isn't.&#13;
it up as you go along ?&#13;
On returning to his normal state, he reads over what&#13;
Writer : I can't quite remember. A little of he has written. It surprises him. He couldn't do&#13;
both perhaps.&#13;
it again. He can't explain to the reader how it was&#13;
Reader : I see. You start with a plan, but leave done. He can't remember whether plot or character&#13;
yourself quite free to alter it as the story develops. was considered first, whether the work was con-&#13;
Writer: That does sound an awfully good way. ceived as a whole or bit by bit. If he started with&#13;
I wonder.&#13;
a plan it is all forgotten and faded, just as our&#13;
Reader : Won't you tell me? Well, I mustn't anticipations about a new place or person fade&#13;
pry into the secrets of your craft.&#13;
as soon as we have had the experience of&#13;
Writer : Oh please we've no secrets.&#13;
seeing that place or person. The reality has&#13;
Reculer : Then tell me this: Which do you con- swallowed it up. It is a reality outside his&#13;
ceive first ; the characters or the plot ?&#13;
ordinary self. He has created it but contains it no&#13;
Writer : Er--1-a little of both perhaps-er- longer ; to use the backneyed comparison, his&#13;
er-&#13;
relation to it is that of a parent to a child. And&#13;
Reader (afterwards) : Yes, I've met him at last. this, by the way, accounts for a phenomenon which&#13;
A disappointment; a very great disappointment. often repels the reader; writers are capable o&#13;
It is indeed a disappointment. Reader and perusing their own works with interest and eve&#13;
writer part with mutual annoyance. Why can't with admiration. No doubt it is absurd of them to&#13;
&#13;
&#13;
## p. 282 (#746) ############################################&#13;
&#13;
282&#13;
THE AUTHOR.&#13;
D&#13;
do this, but it is the absurdity of a fond father&#13;
CORRESPONDENCE.&#13;
who rejoices in the extension of his individuality,&#13;
and trusts that it will survive when he is gone. Of&#13;
all forms of conceit, it is the least narrowing.&#13;
THE HAZARD OF THE PEN.&#13;
Here, then, is the process, termed by the ancients&#13;
“inspiration," and one wishes that the term was&#13;
1.&#13;
still in use, for it is far nearer the truth than most&#13;
DEAR SIR,-May I say “ Hear, hear!” to&#13;
accounts. In modern usage, inspiration is still practically every word contained in the excellent&#13;
allowed to poets and a few historians, but the papers of Mr. Herbert W. Smith, and at the same&#13;
smaller fry, such as novelists, are denied it. How time add a suggestion of my own?&#13;
unfair! If one writer can be inspired, are we not&#13;
In my experience one of the main difficulties of&#13;
all inspired, every one of us? The quality of our authorship is the financing of one's commissions.&#13;
inspiration_that is another matter : ' Apollo Thus, I have been asked to undertake a 100.000&#13;
always was unreliable. But are we not all capable word serial and half-a-dozen short stories, enough&#13;
of getting into a state where we put down words that work to keep one going the best part of a&#13;
we shouldn't put down ordinarily? And is not year. Assuming one has sufficient capital to&#13;
this capability the first step towards producing good&#13;
work ? When one recalls the anecdotes about&#13;
an author to find himself with five or six&#13;
great writers-how Jane Austen composed in the&#13;
hundred pounds outstanding and not a pound to&#13;
hubbub of the rectory drawing-room, how Balzac his credit in the bank. He may have to endure&#13;
saw from his summer-house the Comédie Humaine this state of destitution for five or six weeks,&#13;
disentangling and entangling against the shrubs during which time he and his household have to&#13;
that surrounded him, how Coleridge (the extreme rub along somehow. The irony of the situation&#13;
case) prolonged into waking his vision of Kubla lies in the fact that the people who owe him money&#13;
Khan-it is tempting to conclude that they all are mostly millionaires.&#13;
went through the same process, diverse as were the&#13;
Now, in any other trade or profession he could&#13;
results to which it brought them, and most go to his bank and say that X and Y and Z, all&#13;
tempting to conclude that we, too, can go through firms of the very highest standing, owe him so&#13;
that process, with results however bad.&#13;
many pounds, due on various dates, and, giren&#13;
For—to repeat-inspiration need not imply certain assurances, his banker would be glad to let&#13;
genius. The vain shallow writer is also inspired, him overdraw. In our craft, unfortunately, we&#13;
and perhaps with the greater facility. He too can have no such facilities. I have not tried it, but I&#13;
put down words when his poor little mind has feel sure that if I went to my bank and said to the&#13;
turned turtle, and can declare afterwards that they manager, “Here is evidence that X and Y and Z&#13;
are good words. There is a story of a man who, owe me £528; may I overdraw to half that&#13;
like Coleridge, dreamt a poem of superhuman amount ?" the manager would shake his head and&#13;
splendour. It was not cumbersome like Kubla say, “Impossible.”&#13;
Khan, but consisted of a single immortal stanza, The author's brother who is in the Army or&#13;
which he managed to write down and preserve for Navy or the Church, and who is making half the&#13;
literature. When he was quite awake he read the author's income, labours under no such difficulty.&#13;
little gem. It ran as follows:&#13;
I know, of course, that literary agents and&#13;
publishers are often willing to finance an author,&#13;
Walker with one eye,&#13;
but does not this mean that the author is&#13;
Walker with two.&#13;
Something to live for,&#13;
sacrificing his independence and his power to&#13;
Nothing to do.&#13;
bargain ? You can't very well stand out for a&#13;
good price and at the same time borrow money off&#13;
Are not many of our awakenings similar ? The&#13;
the man with whom you are dealing. Again, one&#13;
inspiration seemed splendid at the time, but&#13;
can borrow from friends; yet isn't this rather&#13;
criticism must relegate it to the waste paper&#13;
rough on both author and friends ?&#13;
basket. It is pure balderdash. There is just this&#13;
The remedy for this position does not strike me&#13;
comfort: we mayn't get far with it, but we&#13;
as being beyond the powers of the Society. I&#13;
shouldn't get anywhere without it. Perseverance,&#13;
would suggest that the Society either arranges&#13;
benevolence, culture, and all the other qualities that&#13;
with one or two first-class banks, that, in addition&#13;
pose as good writing, are worthless if they are&#13;
to keeping a member's account, they should be&#13;
not rooted in the underside of the mind.&#13;
willing to permit an overdraft on such security as&#13;
the author himself possesses. The money out-&#13;
standing might very easily be made over to the&#13;
banker who would provide funds for this purpose.&#13;
&#13;
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## p. 283 (#747) ############################################&#13;
&#13;
THE AUTHOR.&#13;
283&#13;
Or perhaps the Society might persuade our leading&#13;
editors and publishers, if not to pay immediately&#13;
on acceptance, at least to furnish the author with&#13;
some negotiable instrument which he could&#13;
discount or not discount as his necessities dic-&#13;
tated.&#13;
I would like to get the opinion of other authors&#13;
on this very vital matter, and especially I would&#13;
like to get the opinion of an author-banker, such&#13;
as Mr. Edward Clodd.&#13;
Yours very truly,&#13;
ALBERT KINROSS.&#13;
(NOTE.—We have submitted a copy of Mr.&#13;
Kinross's letter to Mr. Clodd. and have received&#13;
the following reply, which Mr. Clodd has kindly&#13;
permitted us to print in these columns) :—&#13;
II.&#13;
DEAR SIRS,—Bankers do not make advances&#13;
against book debts, because they are intangible&#13;
securities. Firms of the highest repute are some-&#13;
times granted loans without security, but in each&#13;
case the banker knows that repayment is assured.&#13;
Failing ability to deposit negotiable securities,&#13;
such as railway stocks, foreign bonds, etc., the only&#13;
way in which an author can anticipate payment is&#13;
to draw a bill on his publisher, which, if the&#13;
if the&#13;
acceptor be a man of fair business standing, would&#13;
be discounted by the author's banker.&#13;
But I gather that publishers are shy in giving&#13;
their acceptances.&#13;
EDWARD CLODD.&#13;
it must be lost. So I re-wrote my MS., and sent it&#13;
elsewhere. Five months later-a year and two&#13;
months after submitting it-I received my sup-&#13;
posedly lost MS. back again with the usual printed&#13;
form of refusal.&#13;
So evidently your correspondent has had better&#13;
luck with The Bystander than either Miss Annesley&#13;
or myself. But I observe that he is on the staff of&#13;
a London paper. Is it possible that that explains&#13;
it? I wonder. Persorally I am not on the staff of&#13;
a paper. I am a mere free lance and there are&#13;
some editors who seem to think that free lance and&#13;
door mat are convertible terms. Fortunately such&#13;
editors are very few in number.&#13;
I am in doubt whether to sign this letter with&#13;
my name. If I do I shall be told that I am trying&#13;
to advertise myself. If I do not I shall be told&#13;
that an unsigned letter is unworthy of considera-&#13;
tion. But I think I will risk this last retort and&#13;
will merely content myself with observing that I&#13;
am a very humble individual who has earned a bare&#13;
and laborious living by his pen for the last ten&#13;
years, and that I enclose my name and address for&#13;
the information of the editor of The Author.&#13;
Only if every writer who receives such really&#13;
discourteous treatment as that accorded to Miss&#13;
Annesley would complain in public, those few&#13;
editors who apparently do not know how to behave&#13;
would soon be brought up to the level of the very&#13;
great majority who do.&#13;
Yours faithfully,&#13;
X. Y. Z.&#13;
11.&#13;
* EDITORIAL COURTESY.&#13;
SIR,-For how long should an author consider it&#13;
necessary to reserve a manuscript to the considera-&#13;
SIR,—The enthusiastic tribute paid in the June&#13;
tion of one editor ? I use the word “necessary"&#13;
Author by one of your correspondents to the prompt,&#13;
instead of “ reasonable," because in my experience&#13;
courteous, and business-like treatment accorded him very few editors give a contributor a decision within&#13;
by The Bystander, is indeed interesting.&#13;
a reasonable time. At the present moment three&#13;
He explains that everything he sends to that editors of periodicals have the same number of&#13;
paper is either accepted or sent back by return of short poems of mine in their hands. One poem has&#13;
post. He is a lucky man. For my part I have been retained three months, another six weeks, and&#13;
contributed to The Bystander as to the majority of the third a fortnight. To the first editor I have&#13;
other papers publishing fiction. But I do not addressed three or four letters without effect. My&#13;
think I have ever once had a MS. decided on so poem is neither published nor returned.&#13;
promptly by The Bystander people. I remember As the editor myself of two publications, I know&#13;
önce sending them a MS. I waited seven months perfectly well that a decision on a short manuscript&#13;
and then, having heard nothing about it. I ventured can be made very shortly after it is received, pro-&#13;
to ask for a decision. I received no reply so I viding one's work is carried through with method.&#13;
wrote again. And again. And again. In fact I Why, then, should a contributor be kept waiting an&#13;
wrote six letters and one postcard_all. I assure unreasonable time for a decision ? It is neither&#13;
you, polite, even painfully polite, communications fair nor businesslike.&#13;
--and then at last I received a nicely written&#13;
Yours truly,&#13;
answer to the effect that my MS. could not be&#13;
AN EDITOR AND CONTRIBUTOR.&#13;
found and that if it had ever been received by The *** Undoubtedly very many editors are unbusi-&#13;
Bystander, of which there was no trace, they fearednesslike and some though these at any rate nowadays&#13;
&#13;
&#13;
## p. 284 (#748) ############################################&#13;
&#13;
284&#13;
THE AUTHOR.&#13;
are, we think, few in number—are oblivious of the obliged if you will kindly give me—although not&#13;
position of the author who sends in contributions a member of the Society of Authors—space in&#13;
on the chance. But it is not quite possible for an which to answer it.&#13;
editor to apply what might be called a strict Mr. Bennett may have spoken of “taking part in&#13;
business routine to uncommissioned manuscripts; a farce," because he considered it absurd that the&#13;
he cannot accept at once just as many as he has “best” half-dozen novels should be picked out&#13;
room for and post the others back immediately. without reference to his judgment, and that he&#13;
The manuscripts must be read and their suitability would be expected to choose from these not the&#13;
ascertained. It frequently happens that a manu- most finished artistic production, but the book&#13;
script has no paramount claim for immediate likely to have the best sale. That is as it may be,&#13;
insertion, but has, at the same time, qualities which but it is absolutely ninfair to infer that his attitude&#13;
might, if space allowed, ensure its insertion later. in this affair proves him to be a man who is too&#13;
If such an article is returned at once the author indifferent and selfish to " serve some poor devil of&#13;
loses a chance ; if later that chance disappears, a brother author.” Mr. Arnold Bennett-and I&#13;
owing to pressure on space or closer inspection of am glad to have an opportunity of pablicly&#13;
the work, and the manuscript is returned, the editor acknowledging it—"discovered" me, and went out&#13;
is too often held to be discourteous. We recom- of his way to advise me and help me to find a&#13;
mend that the author should carefully study the market when I was an absolutely unknown writer,&#13;
pages of the periodical to which he proposes to and before his own first book was published.&#13;
contribute, so that he may not send an article which Years ago I could have shown “ David” letters&#13;
is manifestly unsuitable either in subject, treatment, from Mr. Bennett as kindly and helpful as those&#13;
or size. Then, having decided that his chance of be speaks of which were written by Southey, Scott,&#13;
insertion is reasonable on such grounds, he should and Besant to their literary godchildren, and I&#13;
write to the editor and ask whether he may submit do not for a moment suppose that I am the only&#13;
the manuscript. This is a trouble for him as it writer he has ever been kind to. There are other&#13;
will be a trouble for the editor, but future and better ways of helping beginners than the&#13;
disappointment may in this way be avoided. One very doubtful way of acting as a judge in a Nove&#13;
more hint ; authors should always retain copirs of Competition.&#13;
their manuscripts, and should always send them in&#13;
Yours faithfully,&#13;
typewritten.—ED.&#13;
M. PENROSE.&#13;
A SUGGESTION.&#13;
AUTHOR AND PUBLISHER.&#13;
Sir,—We hear so much of the openhearted&#13;
publisher somehow getting the better of the simple&#13;
o getting the better of the simple&#13;
author that it might be as well to avoid this unhappy&#13;
consummation, and to this end I have the follow-&#13;
! I have the follow&#13;
ing suggestion to make :—That directly a book is&#13;
announced by a new writer an old copy of The&#13;
Author should be forwarded to him, and his&#13;
attention called to the advice it gives in every issue.&#13;
I know, in my own case, that had I possessed&#13;
such knowledge I should be many hundred pounds&#13;
in pocket, and there must be many more whose&#13;
ignorance has cost them dearly.&#13;
Yours, etc.,&#13;
HORACE W. NEWTE.&#13;
DEAR SIR,--Is it correct to make use of your&#13;
small space to ask whether some woman-member-&#13;
presumably alone in life—with some means, however&#13;
slender, would correspond with the writer who has&#13;
in view to form a syndicate rest-house in the&#13;
country? The leading idea would be to gain a sunset&#13;
home for ageing writers, hoping that one or, better&#13;
still, two workers in the domain of art might join,&#13;
ensuring variety of interests. And in case this&#13;
should succeed, a guest-room would form part of&#13;
the scheme to which invalided or tired members of&#13;
the Authors' Society could be invited for repose&#13;
and fresh air, when unable otherwise to afford&#13;
these. (Two artists or other workers joining must,&#13;
of course, share the right to show hospitality in&#13;
turn to their comrades.) Such a combination,&#13;
with strict economy, should reduce expenses to&#13;
less than a cheap cottage for one ; whilst bringing&#13;
sweet air, week-end holidays and country pleasures&#13;
to both men and women fellow toilers.&#13;
Yours sincerely,&#13;
AN OLD MEMBER.&#13;
NOVEL COMPETITIONS.&#13;
DEAR SIR, I have just read “ David's ” letter&#13;
commenting on Mr. Arnold Bennett, and I shall be&#13;
&#13;
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## p. (#749) ################################################&#13;
&#13;
ADVERTISEMENTS.&#13;
TYPEWRITING, Literary &amp; Dramatic Typewriting.&#13;
"I have just comple&#13;
HUBERT WALES, ESQ., of Hindhead, Surrey, writes:&#13;
"I have just completed the revision of my novel ... which you&#13;
typod, and I should like to thank you for the admirable way the&#13;
work was done. Considering that the manuscript was sent to you&#13;
without having been corrected or even read, and that my hand writing.&#13;
I am told, is not always particularly legible, it is obvious that it&#13;
roquired perception as well as care, something more than simple&#13;
mechanical accuracy, to produce such a result-a result which, in&#13;
conjunction with your moderate charges, seems to me to be the best&#13;
of answers to the criticisms which have recently been directed upon&#13;
the work of typists in the columns of The Author."&#13;
Novels &amp; Story work, 9d. 1,000 words ; 2 copies, 1/-,&#13;
Plays, ruled and covered, 1/- 1,000 words; 2 copies, 1/4.&#13;
(French and Spaoish typed.)&#13;
Opinions selected from letters received during the past twelve years :-&#13;
MRS. E. NESBIT BLAND (E. NESBIT): "I am extremely&#13;
pleased ... It is beautiful work."&#13;
MRS. TOM GODFREY: “I think you must be a treasure trove to&#13;
all authors who have the good fortune to hear of you. ... You&#13;
certainly evince an intimate knowledge of French."&#13;
MRS. HINKSON (KATHARINE TYNAN): "I have never met with&#13;
anything approaching your intelligence, carefulness and promptitude."&#13;
RICHARD PRYCE, Esq. : “The work could not be better done."&#13;
T IOHN L'Isle, Dimond Road, SOUTHAMPTON&#13;
L. A. 01. UUNN, Bitterne Park,&#13;
SIKES and SIKES,&#13;
The West Kensington Typewriting Offices&#13;
(Established 1893),&#13;
223a, HAMMERSMITH ROAD, LONDON, W.&#13;
NEAT AND CAREFUL&#13;
9d. per 1,000 words, with free&#13;
Carbon copy.&#13;
F. J. CROS8 : "I am obliged by your cour and for the manner&#13;
in which you have dealt with Empire Ms."&#13;
C, A. GIRTON,&#13;
2, Grove Lane, Camberwell, LONDON, 8.E.&#13;
SY&#13;
U&#13;
LITERARY AGENCY, CRITICISING and&#13;
REVISING Novels, Stories, Articles, Poetry.&#13;
Chief Critic: G. F. LEATHERDALE, M.A., Oxon.&#13;
TRANSLATIONS :&#13;
French, German, Spanish, Italian.&#13;
TYPEWRITING:&#13;
Authors' MSS., Specifications, Dramatic Work.&#13;
CARBON COPIES a speciality.&#13;
DUPLICATING :&#13;
Circulars, Notices, Specifications, etc.&#13;
ULO III&#13;
TYPEWRITING.&#13;
SPECIAL TERMS FOR LARGE ORDERS IN ANY DEPARTMENT.&#13;
The most difficult handwriting and involved copy&#13;
accurately deciphered by experts.&#13;
B. G. &amp; M. E. LEATHERDALE. 128, UXBRIDGE RO..&#13;
· EALING, W.&#13;
(Late of Garden City, Herts.)&#13;
(When applying for prospectuses please mention this Advertisement.)&#13;
MISS FOWLER,&#13;
Maxwell House, Arundel Street, Strand, W.C.&#13;
on all subjects,&#13;
including&#13;
LITERARY,&#13;
Educational,&#13;
Commercial, Technical, Medical, Theological, etc., and&#13;
for all examinations.&#13;
&#13;
BOO:&#13;
WANTED.&#13;
(By an Invalid, unable to walk.)&#13;
TYPEWRITING and DUPLICATING&#13;
IN ANY QUANTITY.&#13;
AUTHORS' MSS. a Speciality.&#13;
Second-Hand at Half-Prices. New at 25 per&#13;
cent, discount,&#13;
Catalogues free. State Wants. Books sent on approval ; BOOKS&#13;
BOUGHT. Best Prices Given.&#13;
W. &amp; G. FOYLE,&#13;
135, Charing Cross Road, London, W.C.&#13;
Accuracy,&#13;
Absolute Secrecy,&#13;
Prompt Attention, and&#13;
Satisfaction Guaranteed.&#13;
Trial Order earnestly solicited.&#13;
Full Price List and Testimonials on application.&#13;
TYPEWRITING. Authors' MSS. copied by&#13;
Experienced Operator.&#13;
DUPLICATING. Attendance locally for dictation.&#13;
MISS SOLLY, 378, Shirley Road, Southampton.&#13;
Nothing Too Small !&#13;
Nothing Too Large!&#13;
MISS MORGAN'S TYPEWRITING, SHORTHAND,&#13;
AND TRANSLATION OFFICES.&#13;
Dunster House, Mark Lane, London, E.C.&#13;
Every description of Typewriting, Authors' MSS., Sermons,&#13;
&amp;c., undertaken at from 1 Od. per 1,000 words. Special&#13;
terms for large quantities or regular work.&#13;
Meetings Reported on Moderate Terms. Accuracy and&#13;
Promptness guaranteed.&#13;
Telephone : 12137 Central.&#13;
c. HERBERT CÆSAR,&#13;
Homefield, Woodstock Road, St. Albans, Herts.&#13;
&#13;
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## p. (#750) ################################################&#13;
&#13;
vi&#13;
ADVERTISEMENTS.&#13;
.&#13;
Two popular Hotels in Central London.&#13;
Opposite the British Museum.&#13;
THACKERAY HOTEL&#13;
Great Russell Street, London.&#13;
Near the British Museum,&#13;
WHAT OUR AUTHORS AND OTHERS ARE&#13;
SAYING ABOUT OUR BOOKS.&#13;
THE AUTHOR OF "THE CO-RESPONDENT " WRITES :&#13;
DEAR SIRS,&#13;
May 10th, 1912.&#13;
We thank you for the copies of " The Co-Respondent,"&#13;
received this morning. We were pleased to get them&#13;
carlier than the date you named, and we like the get-up&#13;
immensely.&#13;
THE AUTHOR OF “CAIRN LODGE" WRITES:&#13;
May 15, 1912.&#13;
“ Begs to acknowledge the books sent to her, she is very&#13;
pleased with the way they are got up."&#13;
THE REVIEWER IN " THE MORNING LEADER" DESCRIBES&#13;
"AUNT URSULA'S BEQUEST":&#13;
"A little book which deserves mention for several&#13;
reasons. 'Aunt Ursula's Bequest' is bound in very&#13;
pleasing paper boards. It contains original new fiction&#13;
about 30,000 words of it--and it costs a shilling. This is a&#13;
good idea in the way of pocket volumes. It is also good&#13;
intrinsically. It is a capital little tale ... excellently&#13;
written in a sober, unpretentious way."&#13;
KINGSLEY HOTEL&#13;
Hart Street, Bloomsbury Square, London.&#13;
Passenger Lifts. Bathrooms on every Floor. Lounges&#13;
and Spacious Dining, Drawing, Writing, Reading, Billiard&#13;
and Smoking Rooms. Fireproof Floors. Perfect Sanita.&#13;
tion. Telephones. Night Porters.&#13;
Bedroom, Attendance, and Table d'Hote&#13;
Breakfast, single, from 5/6 to 7/6.&#13;
Table d'Hote Dinner, Six Courses, 3/-.&#13;
Full Tariff and Testimonials on application.&#13;
Telegraphic Addresses :&#13;
Thackeray Hotel—"Thackeray, London."&#13;
Kingsley Hotel —"Bookcraft, London."&#13;
MURRAY &amp; EVENDEN.&#13;
Pleydell House, Pleydell Street,&#13;
Fleet Street, E.C.&#13;
MRS. GILL'S TYPEWRITING. SHORTHAND. | AUTHORS wishing to make arrange-&#13;
AND TRANSLATION OFFICE, ments for Publishing are invited to&#13;
35, LUDGATE HILL, LONDON, E.C. communicate with LYNWOOD &amp; Co.,&#13;
Telephone—8464 Central.&#13;
Established 1883. Ltd., Publishers, 12, Paternoster Row,&#13;
Manuscripts of every description promptly and intel-&#13;
London, E.C., who will be pleased&#13;
ligently copied, from 1s. per 1,000 words; special success&#13;
with work rendered indistinct by hasty writing and by to consider MSS. and advise (free).&#13;
corrections. French and German typewriting undertaken,&#13;
and typewritten translations supplied. Testimonials Please write before sending MSS.&#13;
from authors, scientists, engineers, architects, barristers.&#13;
Reference kindly permitted to Messrs. A. P. Watt &amp; Son,&#13;
CATALOGUE OF PUBLICATIONS&#13;
Literary Agents, Hastings House, Norfolk Street, Strand,&#13;
POST FREE ON APPLICATION.&#13;
W.C.&#13;
Neatness and accuracy, with&#13;
promptness ; 7d. per 1,000;&#13;
TYPEWRITING.&#13;
over 20,000, 6d. Plays ruled&#13;
and bound, 8d. Cheap duplicating.&#13;
Authors' MSS. copied from 9d. per 1,000&#13;
DRACUP, 21, Millbrook Road, BEDFORD.&#13;
words; in duplicate, 1/-. Plays and General TYPEWRITING.–&#13;
typed at 10d. per 1,000&#13;
Copying. List and specimen of work on appli words (carbon copy free).-&#13;
EXCELSIOR TYPEWRITING OFFICES,&#13;
cation.&#13;
20, Bucklersbury, E.C.&#13;
ONE OF NUMEROUS TESTIMONIALS.&#13;
TYPEWRITING &amp; SECRETARIAL WORK.&#13;
MISSES CONQUEST &amp; BUCHANAN,&#13;
but praise for the accuracy, speed and neatness with which she&#13;
84, VICTORIA STREET, S.W. Telephone : No. 5537 Westminster.&#13;
Recommended by Mr. G. K. Chesterton, Baron de Worms,&#13;
MISS M. R. HORNE,&#13;
New Address :-&#13;
Many Testimonials, of which the following is a specimen : “ Many&#13;
5, PADCROFT ROAD, YIEWSLEY, MIDDLESEX. ||&#13;
thanks for the excellent work and the promptness with which it has&#13;
been done."&#13;
TVDCWDITIAN&#13;
Authors' MSS. carefully&#13;
Tel.: Bank 82.&#13;
# Miss M. R. HORNE has typed for me literary matter to the&#13;
extent of some hundreds of thousands of words. I have nothing&#13;
does her work.-FRANK SAVILE."&#13;
Miss Gertrude Tuckwell, Canon Swallow, Hilaire Belloc, Esq.,&#13;
and Others,&#13;
Printed by BRADBURY, AGNEW, &amp; Co. LD., and Published by them for THE SOCIETY OF AUTHORS (INCORPORATED)&#13;
at 10, Bouverie Street, London, E.C.&#13;
&#13;
&#13;
## p. 1 (#751) ##############################################&#13;
&#13;
The Author&#13;
(THE ORGAN OF THE INCORPORATED SOCIETY OF AUTHORS).&#13;
SUPPLEMENT.&#13;
COPYRIGHT ACT, 1911.&#13;
[1 &amp; 2 Geo. 5. CH. 46.]&#13;
ARRANGEMENT OF SECTIONS.&#13;
PART I.&#13;
IMPERIAL COPYRIGHT.&#13;
Rights.&#13;
Section,&#13;
1. Copyright.&#13;
2. Infringement of copyright.&#13;
3. Term of copyright.&#13;
4. Compulsory licences.&#13;
5. Ownership of copyright, &amp;c.&#13;
Civil Remedies.&#13;
6. Civil remedies for infringement of copyright.&#13;
7. Rights of owner against persons possessing or dealing with infringing copies, &amp;c.&#13;
8. Exemption of innocent infringer from liability to pay damages, &amp;c.&#13;
9. Restriction on remedies in the case of architecture.&#13;
10. Limitation of actions.&#13;
Summary Remedies.&#13;
11. Penalties for dealing with infringing copies, &amp;c.&#13;
12. Appeals to quarter sessions.&#13;
13. Extent of provisions as to summary remedies.&#13;
Importation of Copies.&#13;
14. Importation of copies.&#13;
Delivery of Books to Libraries.&#13;
15. Delivery of copies to British Museum and other libraries.&#13;
Special Provisions as to Certain Works.&#13;
16. Works of joint authors.&#13;
17. Posthumous works.&#13;
18. Provisions as to Government publications.&#13;
19. Provisions as to mechanical instruments.&#13;
20. Provision as to political speeches.&#13;
21. Provisions as to photographs.&#13;
22. Provisions as to designs registrable under 7 Edw. 7, c. 29.&#13;
23. Works of foreign authors first published in parts of His Majesty's dominions to which&#13;
* Act extends.&#13;
24. Existing works.&#13;
&#13;
&#13;
## p. 2 (#752) ##############################################&#13;
&#13;
( 2 )&#13;
Application to British Possessions.&#13;
25. Application of Act to British Dominions.&#13;
26. Legislative powers of self-governing Dominions.&#13;
27. Power of Legislatures of British possessions to pass supplemental legislation.&#13;
28. Application to protectorates.&#13;
PART II.&#13;
INTERNATIONAL COPYRIGHT,&#13;
29. Power to extend Act to foreign works.&#13;
30. Application of Part II. to British possessions.&#13;
Part III.&#13;
SUPPLEMENTAL PROVISIONS.&#13;
31. Abrogation of common law rights.&#13;
32. Provisions as to Orders in Council.&#13;
33. Saving of university copyright.&#13;
34. Saving of compensation to certain libraries.&#13;
35. Interpretation.&#13;
36. Repeal.&#13;
Short title and commencement,&#13;
SCHEDULES.&#13;
37. She&#13;
An Act to amend and consolidate the Law relating to Copyright.&#13;
[16th December, 1911.]&#13;
BE it enacted by the King's most Excellent Majesty, by and with the advice and&#13;
consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament&#13;
assembled, and by the authority of the same, as follows :-&#13;
PART 1.&#13;
IMPERIAL COPYRIGHT.&#13;
Rights.&#13;
Copyright.&#13;
1.-(1) Subject to the provisions of this Act, copyright shall subsist throughout the&#13;
parts of His Majesty's dominions to which this Act extends for the term herein-after&#13;
mentioned in every original literary dramatic musical and artistic work, if-&#13;
(a) in the case of a published work, the work was first published within such parts&#13;
of His Majesty's dominions as aforesaid ; and&#13;
(6) in the case of an unpublished work, the author was at the date of the making of&#13;
the work a British subject or resident within such parts of His Majesty's&#13;
dominions as aforesaid ;&#13;
but in no other works, except so far as the protection conferred by this Act is extended&#13;
by Orders in Council thereunder relating to self-governing dominions to which this Act&#13;
does not extend and to foreign countries.&#13;
(2) For the purposes of this Act, “copyright” means the sole right to produce or&#13;
reproduce the work or any substantial part thereof in any material form whatsoever, to&#13;
perform, or in the case of a lecture to deliver, the work or any substantial part thereof in&#13;
public; if the work is unpublished, to publish the work or any substantial part thereof;&#13;
and shall include the sole right,-&#13;
(a) to produce, reproduce, perform, or publish any translation of the work ;&#13;
(6) In the case of a dramatic work, to convert it into a novel or other non-dramatic&#13;
work ;&#13;
&#13;
&#13;
## p. 3 (#753) ##############################################&#13;
&#13;
(c) in the case of a novel or other non-dramatic work, or of an artistic work, to&#13;
convert it into a dramatic work, by way of performance in public or otherwise •&#13;
(d) in the case of a literary, dramatic, or musical work, to make any record,&#13;
perforated roll, cinematograph film, or other contrivance by means of which the&#13;
work may be mechanically performed or delivered,&#13;
and to authorise any such acts as aforesaid.&#13;
. (3) For the purposes of this Act, publication, in relation to any work, means the issue&#13;
of copies of the work to the public, and does not include the performance in public of a&#13;
dramatic or musical work, the delivery in public of a lecture, the exhibition in public of an&#13;
artistic work, or the construction of an architectural work of art, but, for the purposes of&#13;
this provision, the issue of photographs and engravings of works of sculpture and archi-&#13;
tectural works of art shall not be deemed to be publication of such works.&#13;
2.-(1) Copyright in a work shall be deemed to be infringed by any person who, Infringement&#13;
without the consent of the owner of the copyright, does anything the sole right to do which of copyright.&#13;
is by this Act conferred on the owner of the copyright : Provided that the following acts&#13;
shall not constitute an infringement of copyright :-&#13;
(i) Any fair dealing with any work for the purposes of private study, research,&#13;
criticism, review, or newspaper summary :&#13;
(ii) Where the author of an artistic work is not the owner of the copyright therein,&#13;
the use by the author of any mould, cast, sketch, plan, model or study made&#13;
by him for the purpose of the work, provided that he does not thereby repeat&#13;
or imitate the main design of that work:&#13;
(iii) The making or publishing of paintings, drawings, engravings, or photographs of&#13;
a work of sculpture or artistic craftsmanship, if permanently situate in a&#13;
public place or building, or the making or publishing of paintings, drawings,&#13;
engravings, or photographs (which are not in the nature of architectural draw-&#13;
ings or plans) of any architectural work of art :&#13;
(iv) The publication in a collection, mainly composed of non-copyright matter, bonâ&#13;
fide intended for the use of schools, and so described in the title and in any&#13;
advertisements issued by the publisher, of short passages from published literary&#13;
works not themselves published for the use of schools in which copyright sub-&#13;
subsists : Provided that not more than two of such passages from works by the&#13;
same author are published by the same publisher within five years, and that the&#13;
source from which such passages are taken is acknowledged :&#13;
(v) The publication in a newspaper of a report of a lecture delivered in public,&#13;
unless the report is prohibited by conspicuous written or printed notice affixed&#13;
before and maintained during the lecture at or about the main entrance of the&#13;
building in which the lecture is given, and, except whilst the building is being&#13;
used for public worship, in a position near the lecturer ; but nothing in this&#13;
paragraph shall affect the provisions in paragraph (i) as to newspaper&#13;
summaries :&#13;
(vi) The reading or recitation in public by one person of any reasonable extract from&#13;
any published work.&#13;
(2) Copyright in a work shall also be deemed to be infringed by any person who-&#13;
(a) sells or lets for hire, or by way of trade exposes or offers for sale or hire; or&#13;
b) distributes either for the purposes of trade or to such an extent as to affect&#13;
prejudicially the owner of the copyright; or&#13;
(c) by way of trade exhibits in public; or&#13;
id) imports for sale or hire into any part of His Majesty's dominions to which this&#13;
Act extends,&#13;
any work which to his knowledge infringes copyright or would infringe copyright if it had&#13;
been made within the part of His Majesty's dominions in or into which the sale or hiring,&#13;
exposure, offering for sale or hire, distribution, exhibition, or importation took place.&#13;
- (3) Copyright in a work shall also be deemed to be infringed by any person who for&#13;
his private profit permits a theatre or other place of entertainment to be used for the per-&#13;
formance in public of the work without the consent of the owner of the copyright, unless he&#13;
was not aware, and had no reasonable ground for suspecting, that the performance would&#13;
be an infringement of copyright,&#13;
&#13;
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## p. 4 (#754) ##############################################&#13;
&#13;
(4)&#13;
Term of copy-&#13;
3. The term for which copyright shall subsist shall, except as otherwise expressly&#13;
right.&#13;
provided by this Act, be the life of the author and a period of fifty years after his death :&#13;
Provided that at any time after the expiration of twenty-five years, or in the case of a&#13;
work in which copyright subsists at the passing of this Act thirty years, from the death of&#13;
the author of a published work, copyright in the work shall not be deemed to be infringed&#13;
by the reproduction of the work for sale if the person reproducing the work proves that he&#13;
has given the prescribed notice in writing of his intention to reproduce the work, and that&#13;
he has paid in the prescribed manner to, or for the benefit of, the owner of the copyright&#13;
royalties in respect of all copies of the work sold by him calculated at the rate of ten per&#13;
cent. on the price at which he publishes the work; and, for the purposes of this proviso,&#13;
the Board of Trade may make regulations prescribing the mode in which notices are to be&#13;
given, and the particulars to be given in such notices, and the mode, time, and frequency&#13;
of the payment of royalties, including (if they think fit) regulations requiring payment in&#13;
advance or otherwise securing the payment of royalties.&#13;
Compulsory 4. If at any time after the death of the author of a literary, dramatic, or musical work&#13;
licences.&#13;
which has been published or performed in public a complaint is made to the Judicial Com-&#13;
mittee of the Privy Council that the owner of the copyright in the work has refused to&#13;
republish or to allow the republication of the work or has refused to allow&#13;
the performance in public of the work, and that by reason of such refusal the work&#13;
is withheld from the public, the owner of the copyright may be ordered to grant a licence&#13;
to reproduce the work or perform the work in public, as the case may be, on such terms&#13;
and subject to such conditions as the Judicial Committee may think fit.&#13;
Ownership of 5.-(1) Subject to the provisions of this Act, the author of a work shall be the first&#13;
copyright, &amp;c. owner of the copyright therein :&#13;
Provided that,&#13;
(a) where, in the case of an engraving, photograph, or portrait, the plate or other&#13;
original was ordered by some other person and was made for valuable considera-&#13;
tion in pursuance of that order, then, in the absence of any agreement to the&#13;
contrary, the person by whom such plate or other original was ordered shall be&#13;
the first owner of the copyright; and&#13;
(6) where the author was in the employment of some other person under a contract of&#13;
service or apprenticeship and the work was made in the course of his employ-&#13;
ment by that person, the person by whom the author was employed shall, in the&#13;
absence of any agreement to the contrary, be the first owner of the copyright,&#13;
but where the work is an article or other contribution to a newspaper, magazine,&#13;
or similar periodical, there shall, in the absence of any agreement to the contrary,&#13;
be deemed to be reserved to the author a right to restrain the publication of the&#13;
work, otherwise than as part of a newspaper, magazine, or similar periodical.&#13;
(2) The owner of the copyright in any work may assign the right, either wholly or&#13;
partially, and either generally or subject to limitations to the United Kingdom or any self-&#13;
governing dominion or other part of His Majesty's dominions to which this Act extends,&#13;
and either for the whole term of the copyright or for any part thereof, and may grant any&#13;
interest in the right by licence, but no such assignment or grant shall be valid unless it is&#13;
in writing signed by the owner of the right in respect of which the assignment or grant is&#13;
made, or by his duly authorised agent :&#13;
Provided that, where the author of a work is the first owner of the copyright therein,&#13;
no assignment of the copyright, and no grant of any interest therein, made by him (other-&#13;
wise than by will) after the passing of this Act, shall be operative to vest in the assignee&#13;
or grantee any rights with respect to the copyright in the work beyond the expiration of&#13;
twenty-five years from the death of the author, and the reversionary interest in the copy-&#13;
right expectant on the termination of that period shall, on the death of the author,&#13;
notwithstanding any agreement to the contrary, devolve on his legal personal representatives&#13;
as part of his estate, and any agreement entered into by him as to the disposition of such&#13;
reversionary interest shall be null and void, but nothing in this proviso shall be construed&#13;
as applying to the assignment of the copyright in a collective work or a licence to publish&#13;
a work or part of a work as part of a collective work.&#13;
(3) Where, under any partial assignment of copyright, the assignee becomes entitled&#13;
&#13;
&#13;
## p. 5 (#755) ##############################################&#13;
&#13;
( 5 )&#13;
to any right comprised in copyright, the assignee as respects the right so assigned, and the&#13;
assignor as respects the rights not assigned, shall be treated for the purposes of this Act as&#13;
the owner of the copyright, and the provisions of this Act shall have effect accordingly.&#13;
Civil Remedies.&#13;
6.-(1) Where copyright in any work has been infringed, the owner of the copyright Civil reme-&#13;
shall, except as otherwise provided by this Act, be entitled to all such remedies by way of dies for&#13;
injunction or interdict, damages, accounts, and otherwise, as are or may be conferred by of&#13;
infringement&#13;
law for the infringement of a right.&#13;
(2) The costs of all parties in any proceedings in respect of the infringement of&#13;
copyright shall be in the absolute discretion of the Court.&#13;
(3) In any action for infringement of copyright in any work, the work shall be&#13;
presumed to be a work in which copyright subsists and the plaintiff shall be presumed&#13;
to be the owner of the copyright, unless the defendant puts in issue the existence of the&#13;
copyright, or, as the case may be, the title of the plaintiff, and where any such question is&#13;
in issue, then-&#13;
(a) if a name purporting to be that of the author of the work is printed or otherwise&#13;
indicated thereon in the usual manner, the person whose name is so printed or&#13;
indicated shall, unless the contrary is proved, be presumed to be the author&#13;
of the work ;&#13;
(6) if no name is so printed or indicated, or if the name so printed or indicated is not&#13;
the author's true name or the name by which he is commonly known, and a&#13;
name purporting to be that of the publisher or proprietor of the work is&#13;
printed or otherwise indicated thereon in the usual manner, the person whose&#13;
name is so printed or indicated shall, unless the contrary is proved, be presumed&#13;
to be the owner of the copyright in the work for the purposes of proceedings in&#13;
respect of the infringement of copyright therein.&#13;
7. All infringing copies of any work in which copyright subsists, or of any substantial Rights of&#13;
part thereof, and all plates used or intended to be used for the production of such infringing owner against&#13;
copies, shall be deemed to be the property of the owner of the copyright, who accordingly persons&#13;
ooonvorsin possessing or&#13;
may take proceedings for the recovery of the possession thereof or in respect of the conversion&#13;
thereof.&#13;
infringing&#13;
8. Where proceedings are taken in respect of the infringement of the copyright in copies, &amp;c.&#13;
any work and the defendant in his defence alleges that he was not aware of the existence Exemption&#13;
of innocent&#13;
of the copyright in the work, the plaintiff shall not be entitled to any remedy other than an&#13;
all infringer from&#13;
injunction or interdict in respect of the infringement if the defendant proves that at the liability to&#13;
date of the infringement he was not aware and had no reasonable ground for suspecting that pay damages,&#13;
copyright subsisted in the work.&#13;
9.-(1) Where the construction of a building or other structure which infringes or Restriction on&#13;
which, if completed, would infringe the copyright in some other work has been commenced, remedies in&#13;
the owner of the copyright shall not be entitled to obtain an injunction or interdict to the case of&#13;
architecture.&#13;
restrain the construction of such building or structure or to order its demolition.&#13;
(2) Such of the other provisions of this Act as provide that an infringing copy of a&#13;
work shall be deemed to be the property of the owner of the copyright, or as impose&#13;
summary penalties, shall not apply in any case to which this section applies.&#13;
10. An action in respect of infringement of copyright shall not be commenced after Limitation&#13;
the expiration of three years next after the infringement.&#13;
of actions.&#13;
&amp;c.&#13;
Summary Remedies.&#13;
11.-(1) If any person knowingly-&#13;
(a) makes for sale or hire any infringing copy of a work in which copyright Penalties for&#13;
subsists ; or&#13;
dealing with&#13;
(b) sells or lets for hire, or by way of trade exposes or offers for sale or hire any&#13;
any infringing&#13;
infringing copy of any such work ; or&#13;
(c) distributes infringing copies of any such work either for the purposes of trade&#13;
or to such an extent as to affect prejudicially the owner of the copyright ; or&#13;
&#13;
&#13;
## p. 6 (#756) ##############################################&#13;
&#13;
( 6&#13;
)&#13;
(d) by way of trade exhibits in public any infringing copy of any such work; or&#13;
() imports for sale or hire into the United Kingdom any infringing copy of any."&#13;
such work :&#13;
he shall be guilty of an offence under this Act and be liable on summary conviction to a&#13;
fine not exceeding forty shillings for every copy dealt with in contravention of this section,&#13;
but not exceeding fifty pounds in respect of the same transaction ; or, in the case of a second&#13;
or subsequent offence, either to such fine or to imprisonment with or without hard labour&#13;
for a term not exceeding two months.&#13;
(2) If any person knowingly makes or has in his possession any plate for the purpose,&#13;
of making infringing copies of any work in which copyright subsists, or knowingly and&#13;
for his private profit causes any such work to be performed in public without the&#13;
consent of the owner of the copyright, he shall be guilty of an offence under this Act, and&#13;
be liable on summary conviction to a fine not exceeding fifty pounds, or, in the case of&#13;
a second or subsequent offence, either to such fine or to imprisonment with or without hard&#13;
labour for a term not exceeding two months.&#13;
(3) The court before which any such proceedings are taken may, whether the alleged&#13;
offender is convicted or not, order that all copies of the work or all plates in the possession&#13;
of the alleged offender, which appear to it to be infringing copies or plates for the purpose&#13;
of making infringing copies, be destroyed or delivered up to the owner of the copyright or&#13;
otherwise dealt with as the court may think fit.&#13;
2 Edw. 7,&#13;
(4) Nothing in this section shall, as respects musical works, affect the provisions of&#13;
c. 15. the Musical (Summary Proceedings) Copyright Act, 1902, or the Musical Copyright Act,&#13;
6 Edw. 7,&#13;
1906.&#13;
c. 36.&#13;
Appeals to&#13;
12. Any person aggrieved by a summary conviction of an offence under the foregoing&#13;
quarter provisions of this Act may in England and Ireland appeal to a court of quarter sessions&#13;
sessions. and in Scotland under and in terms of the Summary Jurisdiction (Scotland) Acts.&#13;
Extent of '13. The provisions of this Act with respect to summary remedies shall extend only.to&#13;
provisions as the United Kingdom.&#13;
to summary&#13;
remedies.&#13;
Importation of Copies.&#13;
Importation 14.-(1) Copies made out of the United Kingdom of any work in which copyright&#13;
of copies. subsists wbich if made in the United Kingdom would infringe copyright, and as to which&#13;
the owner of the copyright gives notice in writing by himself or his agent to the Com-&#13;
missioners of Customs and Excise, that he is desirous that such copies should not be imported&#13;
into the United Kingdom, shall not be so imported, and shall, subject to the provisions of&#13;
this section, be deemed to be included in the table of prohibitions and restrictions contained&#13;
39 &amp; 40 Vict. in section forty-two of the Customs Consolidation Act, 1876, and that section shall apply&#13;
c. 36.&#13;
accordingly.&#13;
(2) Before detaining any such copies or taking any further proceedings with a view to&#13;
the forfeiture thereof under the law relating to the Customs, the Commissioners of Customs&#13;
and Excise may require the regulations under this section, whether as to information, con-&#13;
ditions, or other matters, to be complied with, and may satisfy themselves in accordance&#13;
with those regulations that the copies are such as are probibited by this section to be&#13;
imported.&#13;
(3) The Commissioners of Customs and Excise may make regulations, either general or -&#13;
special, respecting the detention and forfeiture of copies the importation of which is prohibited&#13;
by this section, and the conditions, if any, to be fulfilled before such detention and forfeiture,&#13;
and may, by such regulations, determine the information, notices, and security to be given,&#13;
and the evidence requisite for any of the purposes of this section, and the mode of verification&#13;
of such evidence.&#13;
(4) The regulations may apply to copies of all works the importation of copies of which&#13;
is prohibited by this section, or different regulations may be made respecting different&#13;
classes of such works.&#13;
(5) The regulations may provide for the informant reimbursing the Commissioners of&#13;
Customs and Excise all expenses and damages incurred in respect of any detention made on&#13;
his information, and of any proceedings consequent on such detention ; and may provide for&#13;
notices under any enactment repealed by this Act being treated as notices given under this&#13;
section,&#13;
&#13;
&#13;
## p. 7 (#757) ##############################################&#13;
&#13;
(&#13;
)&#13;
7&#13;
(6) The foregoing provisions of this section shall have effect as if they were part of&#13;
the Customs Consolidation Act, 1876 : Provided that, notwithstanding anything in that&#13;
Act, the Isle of Man shall not be treated as part of the United Kingdom for the purposes&#13;
of this section.&#13;
(7) This section shall, with the necessary modifications, apply to the importation into&#13;
a British possession to which this Act extends of copies of works made out of that possession.&#13;
Delivery of Books to Libraries.&#13;
15.—(1) The publisher of every book published in the United Kingdom shall, within Delivery of&#13;
one month after the publication, deliver, at his own expense, a copy of the book to the copies to&#13;
trustees of the British Museum, who shall give a written receipt for it.&#13;
British&#13;
Museum and&#13;
(2) He shall also, if written demand is made before the expiration of twelve months other&#13;
after publication, deliver within one month after receipt of that written demand or, if the libraries.&#13;
demand was made before publication, within one month after publication, to some depôt&#13;
in London named in the demand a copy of the book for, or in accordance with the&#13;
directions of, the authority having the control of each of the following libraries, namely :&#13;
the Bodleian Library, Oxford, the University Library, Cambridge, the Library of the&#13;
Faculty of Advocates at Edinburgh, and the Library of Trinity College, Dublin, and&#13;
subject to the provisions of this section the National Library of Wales. In the case of an&#13;
encyclopædia, newspaper, review, magazine, or work published in a series of numbers or&#13;
parts, the written demand may include all numbers or parts of the work which may be&#13;
subsequently published.&#13;
(3) The copy delivered to the trustees of the British Museum shall be a copy of the&#13;
whole book with all maps and illustrations belonging thereto, finished and coloured in the&#13;
same manner as the best copies of the book are published, and shall be bound, sewed, or&#13;
stiched together, and on the best paper on which the book is printed.&#13;
(4) The copy delivered for the other authorities mentioned in this section shall be on&#13;
the paper on which the largest number of copies of the book is printed for sale, and shall&#13;
be in the like condition as the books prepared for sale.&#13;
(5) The books of which copies are to be delivered to the National Library of Wales&#13;
shall not include books of such classes as may be specified in regulations to be made by the&#13;
Board of Trade.&#13;
(6) If a publisher fails to comply with this section, he shall be liable on summary&#13;
conviction to a fine not exceeding five pounds and the value of the book, and the fine&#13;
shall be paid to the trustees or authority to whom the book ought to have been&#13;
delivered.&#13;
(7) For the purposes of this section, the expression “ book " includes every part or&#13;
division of a book, pamphlet, sheet of letter-press, sheet of music, map, plan, chart or table&#13;
separately published, but shall not include any second or subsequent edition of a book unless&#13;
such edition contains additions or alterations either in the letterpress or in the maps,&#13;
prints, or other erigravings belonging thereto.&#13;
Special Provisions as to certain Works,&#13;
16.-(1) In the case of a work of joint authorship, copyright shall subsist during the Works of&#13;
life of the author who first dies and for a term of fifty years after his death, or during the joint authors.&#13;
life of the author who dies last, whichever period is the longer, and references in this Act&#13;
to the period after the expiration of any specified number of years from the death of the&#13;
author shall be construed as references to the period after the expiration of the like number of&#13;
years from the death of the author who dies first or after the death of the author who dies&#13;
last, whichever period may be the shorter, and in the provisions of this Act with respect to&#13;
the grant of compulsory licences a reference to the date of the death of the author who&#13;
dies last shall be substituted for the reference to the date of the death of the author.&#13;
(2) Where, in the case of a work of joint authorship, some one or more of the joint&#13;
authors do not satisfy the conditions conferring copyright laid down by this Act, the work&#13;
shall be treated for the purposes of this Act as if the other author or authors had been the&#13;
sole author or authors thereof :&#13;
Provided that the term of the copyright shall be the same as it would have been if all&#13;
the authors had satisfied such conditions as aforesaid.&#13;
&#13;
&#13;
## p. 8 (#758) ##############################################&#13;
&#13;
(&#13;
)&#13;
8&#13;
(3) For the purposes of this Act, “ a work of joint authorship” means a work pro-&#13;
duced by the collaboration of two or more authors in which the contribution of one author&#13;
is not distinct from the contribution of the other author or authors.&#13;
(4) Where a married woman and her husband are joint authors of a work the interest&#13;
of such married woman therein shall be her separate property.&#13;
Posthumous 17.-(1) In the case of a literary dramatic or musical work, or an engraving, in which&#13;
works.&#13;
copyright subsists at the date of the death of the author, or, in the case of a work&#13;
of joint authorship, at or immediately before the date of the death of the author who&#13;
dies last, but which has not been published, nor, in the case of a dramatic or musical work,&#13;
been performed in public, nor, in the case of a lecture, been delivered in public, before&#13;
that date, copyright shall subsist till publication, or performance or delivery in public,&#13;
whichever may first happen, and for a term of fifty years thereafter, and the proviso to&#13;
section three of this Act shall, in the case of such a work, apply as if the author had died&#13;
at the date of such publication or performance or delivery in public as aforesaid.&#13;
(2) The ownership of an author's manuscript after his death, where such ownership&#13;
has been acquired under a testamentary disposition made by the author and the manuscript&#13;
is of a work which has not been published nor performed in public nor delivered in public,&#13;
shall be primâ facie proof of the copyright being with the owner of the manuscript.&#13;
Provisions as 18. Without prejudice to any rights or privileges of the Crown, where any work has,&#13;
to Govern-&#13;
whether before or after the commencement of this Act, been prepared or published by or&#13;
ment pub-&#13;
lications.&#13;
under the direction or control of His Majesty or any Government department, the copyright&#13;
in the work shall, subject to any agreement with the author, belong to His Majesty, and in&#13;
such case shall continue for a period of fifty years from the date of the first publication of&#13;
the work.&#13;
Provisions as 19.—(1) Copyright shall subsist in records, perforated rolls, and other contrivances by&#13;
to mechanical&#13;
means of which sounds may be mechanically reproduced, in like manner as if such contri-&#13;
instruments.&#13;
vances were musical works, but the term of copyright shall be fifty years from the making&#13;
of the original plate from which the contrivance was directly or indirectly derived, and the&#13;
person who was the owner of such original plate at the time when such plate was made&#13;
shall be deemed to be the author of the work, and, where such owner is a body corporate,&#13;
the body corporate shall be deemed for the purposes of this Act to reside within the parts&#13;
of His Majesty's dominions to which this Act extends if it has established a place of business&#13;
within such parts.&#13;
(2) It shall not be deemed to be an infringement of copyright in any musical work for&#13;
any person to make within the parts of His Majesty's dominions to which this Act extends&#13;
records, perforated rolls, or other contrivances by means of which the work may be&#13;
mechanically performed, if such person proves-&#13;
(a) that such contrivances have previously been made by, or with the consent or&#13;
acquiescence of, the owner of the copyright in the work ; and .&#13;
(6) that he has given the prescribed notice of his intention to make the contrivances,&#13;
and has paid in the prescribed manner to, or for the benefit of, the owner of the&#13;
copyright in the work royalties in respect of all such contrivances sold by him,&#13;
calculated at the rate herein-after mentioned :&#13;
Provided that,&#13;
(i) nothing in this provision shall authorise any alterations in, or omissions from, the&#13;
work reproduced, unless contrivances reproducing the work subject to similar&#13;
alterations and omissions have been previously made by, or with the consent or&#13;
acquiescence of, the owner of the copyright, or unless such alterations or&#13;
omissions are reasonably necessary for the adaptation of the work to the&#13;
contrivances in question ; and&#13;
(ii) for the purposes of this provision, a musical work shall be deemed to include any&#13;
words so closely associated therewith as to form part of the same work, but&#13;
shall not be deemed to include a contrirance by means of which sounds may&#13;
be mechanically reproduced.&#13;
(3) The rate at which such royalties as aforesaid are to be calculated shall-&#13;
(a) in the case of contrivances sold within two years after the commencement of this&#13;
Act by the person making the same, be two and one-half per cent. ; and&#13;
&#13;
&#13;
## p. 9 (#759) ##############################################&#13;
&#13;
( 9 )&#13;
(6) in the case of contrivances sold as aforesaid after the expiration of that period&#13;
five per cent.&#13;
on the ordinary retail selling price of the contrivance calculated in the prescribed manner,&#13;
so however that the royalty payable in respect of a contrivance shall, in no case, be less&#13;
than a half-penny for each separate musical work in which copyright subsists reproduced&#13;
thereon, and, where the royalty calculated as aforesaid includes a fraction of a farthing,&#13;
such fraction shall be reckoned as a farthing :&#13;
Provided that, if, at any time after the expiration of seven years from the commence-&#13;
ment of this Act, it appears to the Board of Trade that such rate as aforesaid is no longer&#13;
equitable, the Board of Trade may, after holding a public inquiry, make an order either&#13;
decreasing or increasing that rate to such extent as under the circumstances may seein&#13;
just, but any order so made shall be provisional only and shall not have any effect unless&#13;
and until confirmed by Parliament; but, where an order revising the rate has been so&#13;
made and confirmed, no further revision shall be made before the expiration of fourteen&#13;
years from the date of the last revision.&#13;
(4) If any such contrivance is made reproducing two or more different works in which&#13;
copyright subsists and the owners of the copyright therein are different persons, the sums&#13;
payable by way of royalties under this section shall be apportioned amongst the several&#13;
owners of the copyright in such proportions as, failing agreement, may be determined by&#13;
arbitration.&#13;
(5) When any such contrivances by means of which a musical work may be&#13;
mechanically performed have been made, then, for the purposes of this section, the owner&#13;
of the copyright in the work shall, in relation to any person who makes the prescribed&#13;
inquiries, be deemed to have given his consent to the making of such contrivances if he&#13;
fails to reply to such inquiries within the prescribed time.&#13;
(6) For the purposes of this section, the Board of Trade may make regulations&#13;
prescribing anything which under this section is to be prescribed, and prescribing the&#13;
mode in which notices are to be given and the particulars to be given in such notices, and&#13;
the mode, time, and frequency of the payment of royalties, and any such regulations may,&#13;
if the Board think fit, include regulations requiring payment in advance or otherwise&#13;
securing the payment of royalties.&#13;
(7) In the case of musical works published before the commencement of this Act, the&#13;
foregoing provisions shall have effect, subject to the following modifications and&#13;
additions :-&#13;
(a) The conditions as to the previous making by, or with the consent or acquiescence&#13;
of, the owner of the copyright in the work, and the restrictions as to alterations&#13;
in or omissions from the work, shall not apply :&#13;
(6) The rate of two and one-half per cent. shall be substituted for the rate of five&#13;
per cent. as the rate at which royalties are to be calculated, but no royalties&#13;
shall be payable in respect of contrivances sold before the first day of July,&#13;
nineteen hundred and thirteen, if contrivances reproducing the same work had&#13;
been lawfully made, or placed on sale within the parts of His Majesty's&#13;
dominions to which this Act extends before the first day of July, nineteen&#13;
hundred and ten :&#13;
(c) Notwithstanding any assignment made before the passing of this Act of the copy-&#13;
right in a musical work, any rights conferred by this Act in respect of the&#13;
makiny, or authorising the making, of contrivances by means of which the&#13;
work may be mechanically performed shall belong to the author or his legal&#13;
personal representatives and not to the assignee, and the royalties aforesaid&#13;
shall be payable to, and for the benefit of, the author of the work or his legal&#13;
personal representatives :&#13;
(d) The saving contained in this Act of the rights and interests arising from, or in&#13;
connexion with, action taken before the commencement of this Act shall not be&#13;
construed as authorising any person who has made contrivances by means of&#13;
which the work may be mechanically performed to sell any such contrivances,&#13;
whether made before or after the passing of this Act, except on the terms and&#13;
subject to the conditions laid down in this section :&#13;
@) Where the work is a work on which copyright is conferred by an Order in&#13;
&#13;
&#13;
## p. 10 (#760) #############################################&#13;
&#13;
( 10 )&#13;
Council relating to a foreign country, the copyright so conferred shall not,&#13;
except to such extent as may be provided by the Order, include any rights with&#13;
respect to the making of records, perforated rolls, or other contrivances by&#13;
means of which the work may be mechanically performed.&#13;
(8) Notwithstanding anything in this Act, where a record, perforated roll, or other&#13;
contrivance by means of which sounds may be mechanically reproduced bas been made&#13;
before the commencement of this Act, copyright shall, as from the commencement of&#13;
this Act, subsist therein in like manner and for the like term as if this Act had been&#13;
in force at the date of the making of the original plate from which the contrivance was&#13;
directly or indirectly derived :&#13;
Provided that&#13;
(i) the person who, at the commencement of this Act, is the owner of such original&#13;
- plate shall be the first owner of such copyright ; and&#13;
(ii) nothing in this provision shall be construed as conferring copyright in any such&#13;
contrivance if the making thereof would have infringed copyright in some.&#13;
other such contrivance, if this provision had been in force at the time of the&#13;
making of the first-mentioned contrivance.&#13;
Provision as 20. Notwithstanding anything in this Act, it shall not be an infringement of copy-&#13;
to political&#13;
right in an address of a political nature delivered at a public meeting to publish a report&#13;
speeches.&#13;
thereof in a newspaper.&#13;
Provisions as&#13;
21. The term for which copyright shall subsist in photographs shall be fifty years&#13;
to photo-&#13;
graphs.&#13;
from the making of the original negative from which the photograph was directly or&#13;
indirectly derived, and the person who was owner of such negative at the time when&#13;
such negative was made shall be deemed to be the author of the work, and, where&#13;
such owner is a body corporate, the body corporate shall be deemed for the purposes&#13;
of this Act to reside within the parts of His Majesty's dominions to which this Act&#13;
extends if it has established a place of business within such parts.&#13;
Provisions as 22.-(1) This Act shall not apply to designs capable of being registered under the&#13;
to designs&#13;
Patents and Designs Act, 1907, except designs which, though capable of being so&#13;
registrable&#13;
registered, are not used or intended to be used as models or patterns to be multiplied by&#13;
under&#13;
7 Edw. 7,&#13;
any industrial process.&#13;
(2) General rules under section eighty-six of the Patents and Designs Act, 1907, may&#13;
be made for determining the conditions under which a design shall be deemed to be used&#13;
for such purposes as aforesaid.&#13;
Works of&#13;
23. If it appears to His Majesty that a foreign country does not give, or has not&#13;
foreign undertaken to give, adequate protection to the works of British authors, it shall be lawful&#13;
authors first for His Maja&#13;
for His Majesty by Order in Council to direct that such of the provisions of this Act as&#13;
published in&#13;
parts of&#13;
a confer copyright on works first published within the parts of His Majesty's dominions&#13;
His Majesty's to which this Act extends, shall not apply to works published after the date specified in&#13;
dominions to the Order, the authors whereof are subjects or citizens of such foreign country, and are&#13;
which Act&#13;
not resident in His Majesty's dominions, and thereupon those provisions shall not apply&#13;
extends.&#13;
to such works.&#13;
Existing&#13;
24.-(1) Where any person is immediately before the commencement of this Act&#13;
works.&#13;
entitled to any such right in any work as is specified in the first column of the First&#13;
Schedule to this Act, or to any interest in such a right, he shall, as from that date, be&#13;
entitled to the substituted right set forth in the second column of that schedule, or to the&#13;
same interest in such a substituted right, and to no other right or interest, and such&#13;
substituted right shall subsist for the term for which it would have subsisted if this Act&#13;
had been in force at the date when the work was made and the work had been one&#13;
entitled to copyright thereunder :&#13;
Provided that&#13;
(a) if the author of any work in which any such right as is specified in the first&#13;
column of the First Schedule to this Act subsists at the commencement of this&#13;
Act has, before that date, assigned the right or granted any interest therein for&#13;
the whole term of the right, then at the date when, but for the passing of this&#13;
Act, the right would have expired, the substituted right conferred by this section&#13;
c. 29.&#13;
&#13;
&#13;
## p. 11 (#761) #############################################&#13;
&#13;
(&#13;
)&#13;
11&#13;
shall, in the absence of express agreement, pass to the author of the work, and&#13;
any interest therein created before the commencement of this Act and then&#13;
subsisting shall determine ; but the person who immediately before the date at&#13;
which the right would so have expired was the owner of the right or interest&#13;
shall be entitled at his option either-&#13;
(i) on giving such notice as hereinafter mentioned, to an assignment of the&#13;
right or the grant of a similar interest therein for the remainder of the term&#13;
of the right for such consideration as, failing agreement, may be determined&#13;
by arbitration ; or&#13;
(ii) without any such assignment or grant, to continue to reproduce or&#13;
perform the work in like manner as theretofore subject to the payment, if&#13;
demanded by the author within three years after the date at which the right&#13;
would have so expired, of such royalties to the author as, failing agreement,&#13;
may be determined by arbitration, or, where the work is incorporated in a&#13;
collective work and the owner of the right or interest is the proprietor of that&#13;
collective work, without any such payment.&#13;
The notice above referred to must be given not more than one year nor less&#13;
than six months before the date at which the right would have so expired, and&#13;
must be sent by registered post to the author, or, if he cannot with reasonable&#13;
diligence be found, advertised in the London Gazette and in two London&#13;
newspapers:&#13;
(6) where any person has, before the twenty-sixth day of July nineteen hundred and&#13;
ten, taken any action whereby he has incurred any expenditure or liability in&#13;
connexion with the reproduction or performance of any work in a manner which&#13;
at the time was lawful, or for the purpose of or with a view to the reproduction&#13;
or performance of a work at a time when such reproduction or performance would,&#13;
but for the passing of this Act, have been lawful, nothing in this section shall&#13;
diminish or prejudice any rights or interest arising from or in connexion with&#13;
such action which are subsisting and valuable at the said date, unless the&#13;
person who by virtue of this section becomes entitled to restrain such reproduc-&#13;
tion or performance agrees to pay such compensation as, failing agreement, may&#13;
be determined by arbitration.&#13;
(2) For the purposes of this section, the expression "author" includes the legal&#13;
personal representatives of a deceased author.&#13;
(3) Subject to the provisions of section nineteen subsections (ū) and (8) and of section&#13;
thirty-three of this Act, copyright shall not subsist in any work made before the&#13;
commencement of this Act, otherwise than under, and in accordance with, the provisions&#13;
of this section.&#13;
Application to British Possessions.&#13;
25.-(1) *This Act, except such of the provisions thereof as are expressly restricted to Application&#13;
the United Kingdom, shall extend throughout His Majesty's dominions : Provided that it of Act to&#13;
shall not extend to a self-governing dominion, unless declared by the Legislature of that&#13;
dominions&#13;
dominion to be in force therein either without any modifications or additions, or with such&#13;
modifications and additions relating exclusively to procedure and remedies, or necessary&#13;
to adapt this Act to the circumstances of the dominion, as may be enacted by such&#13;
Legislature.&#13;
(2) If the Secretary of State certifies by notice published in the London Gazette that&#13;
any self-governing dominion has passed legislation under which works, the authors whereof&#13;
were at the date of the making of the works British subjects resident elsewhere than in&#13;
the dominion or (not being British subjects) were resident in the parts of His Majesty's&#13;
dominions to which this Act extends, enjoy within the dominion rights substantially&#13;
identical with those conferred by this Act, then, whilst such legislation continues in force,&#13;
the dominion shall, for the purposes of the rights conferred by this Act, be treated as if&#13;
it were a dominion to which this Act extends ; and it shall be lawful for the Secretary of&#13;
State to give such a certificate as aforesaid, notwithstanding that the remedies for&#13;
enforcing the rights, or the restrictions on the importation of copies of works, manu-&#13;
factured in a foreign country, under the law of the dominion, differ from those under&#13;
this Act,&#13;
British&#13;
&#13;
&#13;
## p. 12 (#762) #############################################&#13;
&#13;
(&#13;
)&#13;
12&#13;
Legislative&#13;
powers of&#13;
self-govern-&#13;
ing&#13;
dominions.&#13;
26.-(1) The Legislature of any self-governing dominion may, at any time, repeal&#13;
all or any of the enactments relating to copyright passed by Parliament (including this&#13;
Act) so far as they are operative within that dominion : Provided that no such repeal shall&#13;
prejudicially affect any legal rights existing at the time of the repeal, and that, on this Act&#13;
or any part thereof being so repealed by the Legislature of a self-governing dominion, that&#13;
dominion shall cease to be a dominion to which this Act extends.&#13;
(2) In any self-governing dominion to which this Act does not extend, the enactments&#13;
repealed by this Act shall, so far as they are operative in that dominion, continue in force&#13;
until repealed by the Legislature of that dominion.&#13;
(3) Where His Majesty in Council is satisfied that the law of a self-governing&#13;
dominion to which this Act does not extend provides adequate protection within the&#13;
dominion for the works (whether published or unpublished) of authors who at the time of&#13;
the making of the work were British subjects resident elsewhere than in that dominion,&#13;
His Majesty in Council may, for the purpose of giving reciprocal protection, direct that&#13;
this Act, except such parts (if any) thereof as may be specified in the Order, and subject&#13;
to any conditions contained therein, shall, within the parts of His Majesty's dominions to&#13;
which this Act extends, apply to works the authors whereof were, at the time of the making&#13;
of the work, resident within the first-mentioned dominion, and to works first published in&#13;
that dominion ; but save as provided by such an Order, works the authors whereof were&#13;
resident in a dominion to which this Act does not extend shall not, whether they are&#13;
British subjects or not, be entitled to any protection under this Act except such protection&#13;
as is by this Act conferred on works first published within the parts of His Majesty's&#13;
dominions to which this Act extends :&#13;
Provided that no such Order shall confer any rights within a self-governing dominion,&#13;
but the Governor in Council of any self-governing dominion to which this Act extends,&#13;
may, by Order, confer within that dominion the like rights as His Majesty in Council is,&#13;
under the foregoing provisions of this subsection, authorised to confer within other parts&#13;
of His Majesty's dominions.&#13;
For the purposes of this subsection, the expression “a dominion to which this Act&#13;
extends” includes a dominion which is for the purposes of this Act to be treated as if it&#13;
were a dominion to which this Act extends.&#13;
27. The Legislature of any British possession to which this Act extends may modify&#13;
or add to any of the provisions of this Act in its application to the possession, but except&#13;
so far as such modifications and additions relate to procedure and remedies, they shall&#13;
apply only to works the authors whereof were at the time of the making of the work,&#13;
resident in the possession, and to works first published in the possession.&#13;
28. His Majesty may, by Order in Council, extend this Act to any territories under&#13;
his protection and to Cyprus, and, on the making of any such Order, this Act shall, subject&#13;
to the provisions of the Order, have effect as if the territories to which it applies or Cyprus&#13;
were part of His Majesty's dominions to which this Act extends.&#13;
Power of&#13;
Legislatures&#13;
of British&#13;
possessions&#13;
to pass sup.&#13;
plemental&#13;
legislation.&#13;
Application&#13;
to protec-&#13;
torates.&#13;
PART II.&#13;
INTERNATIONAL COPYRIGHT.&#13;
Power to&#13;
extend Act&#13;
to foreign&#13;
works.&#13;
29.-(1) His Majesty may, by Order in Council, direct that this Act (except such&#13;
parts, if any, thereof as may be specified in the order) shall apply-&#13;
(a) to works first published in a foreign country to which the Order relates, in&#13;
like manner as if they were first published within the parts of His Majesty's&#13;
dominions to which this Act extends;&#13;
to literary, dramatic, musical, and artistic works, or any class thereof, the authors&#13;
whereof were at the time of the making of the work subjects or citizens of&#13;
a foreign country to which the Order relates, in like manner as if the authors&#13;
were British subjects;&#13;
(c) in respect of residence in a foreign country to which the Order relates, in like&#13;
manner as if such residence were residence in the parts of His Majesty's&#13;
dominions to which this Act extends;&#13;
&#13;
&#13;
## p. 13 (#763) #############################################&#13;
&#13;
( 13 )&#13;
and thereupon, subject to the provisions of this part of this Act and of the Order, this&#13;
Act shall apply accordingly :&#13;
Provided that,&#13;
(i) before making an Order in Council under this section in respect of any&#13;
foreign country (other than a country with which His Majesty has entered&#13;
into a convention relating to copyright), His Majesty shall be satisfied&#13;
that that foreign country has made, or has undertaken to make, such&#13;
provisions, if any, as it appears to His Majesty expedient to require for the&#13;
protection of works entitled to copyright under the provisions of Part I&#13;
of this Act;&#13;
(ii) the Order in Council may provide that the term of copyright within such&#13;
parts of His Majesty's dominions as aforesaid shall not exceed that conferred&#13;
by the law of the country to which the order relates ;&#13;
(iii) the provisions of this Act as to the delivery of copies of books shall not&#13;
apply to works first published in such country, except so far as is provided&#13;
by the Order;&#13;
(iv) the Order in Council may provide that the enjoyment of the rights conferred&#13;
by this Act shall be subject to the accomplishment of such conditions&#13;
and formalities (if any) as may be prescribed by the Order ;&#13;
in applying the provision of this Act as to ownership of copyright, the Order&#13;
in Council may make such modifications as appear necessary having&#13;
regard to the law of the foreign country;&#13;
(vi) in applying the provisions of this Act as to existing works, the Order in&#13;
Council may make such modifications as appear necessary, and may provide&#13;
that nothing in those provisions as so applied shall be construed as reviving&#13;
any right of preventing the production or importation of any translation 498.5&#13;
in any case where the right has ceased by virtue of section five of the c. 33.&#13;
International Copyright Act, 1886.&#13;
(2) An Order in Council under this section may extend to all the several countries&#13;
named or described therein. .&#13;
30.-(1) An Order in Council under this part of this Act shall apply to all His Application&#13;
• Majesty's dominions to which this Act extends ex pt self-governing dominions and any of Part 11. to&#13;
other possession specified in the order with respect to which it appears to His Majesty&#13;
✓ British&#13;
o possessions.&#13;
expedient that the Order should not apply.&#13;
(2) The Governor in Council of any self-governing dominion to wbich this Act&#13;
extends may, as respects that dominion, make the like orders as under this part of this Act&#13;
His Majesty in Council is authorised to make with respect to His Majesty's dominions&#13;
other than self-governing dominions, and the provisions of this part of this Act shall,&#13;
with the necessary modifications, apply accordingly.&#13;
(3) Where it appears to His Majesty expedient to except from the provisions of any&#13;
order any part of his dominions not being a self-governing dominion, it shall be lawful for&#13;
His Majesty by the same or any other Order in Council to declare that such order and&#13;
this Part of this Act shall not, and the same shall not, apply to such part, except so far as&#13;
is necessary for preventing any prejudice to any rights acquired previously to the date of such&#13;
Order.&#13;
PART III,&#13;
SUPPLEMENTAL PROVISIONS.&#13;
31. No person shall be entitled to copyright or any similar right in any literary, Abrogation&#13;
dramatic, musical, or artistic work, whether published or unpublished, otherwise than of common&#13;
under and in accordance with the provisions of this Act, or of any other statutory enact- law&#13;
ment for the time being in force, but nothing in this section shall be construed as&#13;
abrogating any right or jurisdiction to restrain a breach of trust or confidence.&#13;
32.-(1) His Majesty in Council may make Orders for altering, revoking, or varying Provisions as&#13;
any Order in Council made under this Act, or under any enactments repealed by this Act, to Orders in&#13;
but any Order made under this section shall not affect prejudicially any rights or interests Council.&#13;
&#13;
&#13;
## p. 14 (#764) #############################################&#13;
&#13;
(&#13;
)&#13;
14&#13;
tion.&#13;
acquired or accrued at the date when the Order comes into operation, and shall provide&#13;
for the protection of such rights and interests.&#13;
(2) Every Order in Council made under this Act shall be published in the London&#13;
Gazette and shall be laid before both Houses of Parliament as soon as may be after it is&#13;
made, and shall have effect as if enacted in this Act.&#13;
faring of&#13;
33. Nothing in this Act shall deprive any of the universities and colleges mentioned&#13;
university in the Copyright Act, 1775, of any copyright they already possess under that Act, but the&#13;
copyright.&#13;
remedies and penalties for infringement of any such copyright shall be under this Act and&#13;
15 Geo. 3,&#13;
c. 53.&#13;
not under that Act.&#13;
Saving of&#13;
34. There shall continue to be charged on, and paid out of, the Consolidated Fund&#13;
compensation of the United Kingdom such annual compensation as was immediately before the com-&#13;
to certain mencement of this Act payable in pursuance of any Act as compensation to a library for&#13;
libraries.&#13;
the loss of the right to receive gratuitous copies of books :&#13;
Provided that this compensation shall not be paid to a library in any year, unless the&#13;
Treasury are satisfied that the compensation for the previous year has been applied in the&#13;
purchase of books for the use of and to be preserved in the library.&#13;
Interpreta-&#13;
35.—(1) In this Act, unless the context otherwise requires,—&#13;
* Literary work" includes maps, charts, plans, tables, and compilations ;&#13;
“ Dramatic work” includes any piece for recitation, choreographic work or entertain-&#13;
ment in dumb show, the scenic arrangement or acting form of which is fixed in&#13;
writing or otherwise, and any cinematograph production where the arrangement or&#13;
acting form or the combination of incidents represented give the work an original&#13;
character;&#13;
“Artistic work” includes works of painting, drawing, sculpture, and artistic crafts-&#13;
manship, and architectural works of art and engravings and photographs ;&#13;
“Work of sculpture " includes casts and models;&#13;
“ Architectural work of art” means any building or structure having an artistic&#13;
character or design, in respect of such character or design, or any model for such&#13;
building or structure, provided that the protection afforded by this Act shall be&#13;
confined to the artistic character and design, and shall not extend to processes or&#13;
methods of construction :&#13;
“ Engravings” include etchings, lithographs, wood-cuts, prints, and other similar&#13;
works, not being photographs ;&#13;
“ Photograph” includes photo-lithograph and any work produced by any process&#13;
analogous to photography;&#13;
“ Cinematograph” includes any work produced by any process analogous to&#13;
cinematography;&#13;
* Collective work” means-&#13;
(a) an encyclopædia, dictionary, year book, or similar work;&#13;
(6) a newspaper, review, magazine, or similar periodical; and&#13;
(c) any work written in distinct parts by different authors, or in which works or&#13;
parts of works of different authors are incorporated;&#13;
* Infringing," when applied to a copy of a work in which copyright subsists, means&#13;
any copy, including any colourable imitation, made or imported in contravention&#13;
of the provisions of this Act;&#13;
* Performance” means any acoustic representation of a work and any visual repre-&#13;
sentation of any dramatic action in a work, including such a representation made&#13;
by means of any mechanical instrument;&#13;
* Delivery,” in relation to a lecture, includes delivery by means of any mechanical&#13;
instrument;&#13;
“ Plate” includes any stereotype or other plate, stone, block, mould, matrix, transfer,&#13;
or negative used or intended to be used for printing or reproducing copies of any work,&#13;
and any matrix or other appliance by which records, perforated rolls or other con-&#13;
trivances for the acoustic representation of the work are or are intended to be made;&#13;
“Lecture" includes address, speech, and sermon ;&#13;
* Self-governing dominion" means the Dominion of Canada, the Commonwealth of&#13;
Australia, the Dominion of New Zealand, the Union of South Africa, and&#13;
Newfoundland.&#13;
&#13;
&#13;
## p. 15 (#765) #############################################&#13;
&#13;
( 15&#13;
)&#13;
(2) For the purposes of this Act (other than those relating to infringements of copy-&#13;
right), a work shall not be deemed to be published or performed in public, and a lecture&#13;
shall not be deemed to be delivered in public, if published, performed in public, or&#13;
delivered in public, without the consent or acquiescence of the author, his executors&#13;
administrators or assigns.&#13;
(3) For the purposes of this Act, a work shall be deemed to be first published within&#13;
the parts of His Majesty's dominions to which this Act extends, notwithstanding that it has&#13;
been published simultaneously in some other place, unless the publication in such parts of&#13;
His Majesty's dominions as aforesaid is colourable only and is not intended to satisfy the&#13;
reasonable requirements of the public, and a work shall be deemed to be published&#13;
simultaneously in two places if the time between the publication in one such place and the&#13;
publication in the other place does not exceed fourteen days, or such longer period as may,&#13;
for the time being, be fixed by Order in Council.&#13;
(4) Where, in the case of an unpublished work, the making of a work has extended&#13;
over a considerable period, the conditions of this Act conferring copyright shall be deemed&#13;
to have been complied with, if the author was, during any substantial part of that period,&#13;
a British subject or a resident within the parts of His Majesty's dominions to which this&#13;
Act extends.&#13;
(5) For the purposes of the provisions of this Act as to residence, an author of a work&#13;
shall be deemed to be a resident in the parts of His Majesty's dominions to which this Act&#13;
extends if he is domiciled within any such part.&#13;
36. Subject to the provisions of this Act, the enactments mentioned in the Second Repeal.&#13;
Schedule to this Act are hereby repealed to the extent specified in the third column of that&#13;
schedule :&#13;
Provided that this repeal shall not take effect in any part of His Majesty's dominions&#13;
until this Act comes into operation in that part.&#13;
· 37.-(1) This Act may be cited as the Copyright Act, 1911.&#13;
Short title&#13;
(2) This Act shall come into operation-&#13;
and com-&#13;
(a) in the United Kingdom, on the first day of July nineteen hundred and twelve or mencement.&#13;
such earlier date as may be fixed by Order in Council ;&#13;
(6) in a self-governing dominion to which this Act extends, at such date as may be&#13;
fixed by the Legislature of that dominion;&#13;
(c) in the Channel Islands, at such date as may be fixed by the States of those&#13;
islands respectively;&#13;
(d) in any other British possession to which this Act extends, on the proclamation&#13;
thereof within the possession by the Governor.&#13;
&#13;
&#13;
## p. 16 (#766) #############################################&#13;
&#13;
(&#13;
)&#13;
16&#13;
SCHEDULES.&#13;
Section 24.&#13;
FIRST SCHEDULE.&#13;
EXISTING RIGHTS.&#13;
Existing Right.&#13;
Substituted Right,&#13;
(a) In the case of Works other than Dramatic and Musical Works.&#13;
Copyright.&#13;
| Copyright as defined by this Act.*&#13;
(6) In the case of Musical and Dramatic Works.&#13;
Both copyright and performing right&#13;
Copyright, but not performing right&#13;
. Copyright as defined by this Act.*&#13;
. Copyright as defined by this Act, except the sole&#13;
right to perform the work or any substantial part&#13;
thereof in public.&#13;
| The sole right to perform the work in public, but&#13;
none of the other rights comprised in copyright&#13;
as defined by this Act.&#13;
Performing right, but not copyright&#13;
For the purposes of this Schedule the following expressions, where used in the first column&#13;
thereof, have the following meanings :-&#13;
“ Copyright,” in the case of a work which according to the law in force immediately before&#13;
the commencement of this Act has not been published before that date and statutory&#13;
copyright wherein depends on publication, includes the right at common law (if any)&#13;
to restrain publication or other dealing with the work;&#13;
“Perforining right," in the case of a work which has not been performed in public before&#13;
the commencement of this Act, includes the right at common law (if any) to restrain&#13;
the performance thereof in public.&#13;
* In the case of an essay, article, or portion forming part of and first published in a review,&#13;
magazine, or other periodical or work of a like nature, the right shall be subject to any right of&#13;
publishing the essay, article, or portion in a separate form to which the author is entitled at the&#13;
commencement of this Act, or would, if this Act had not been passed, have become entitled&#13;
under section eighteen of the Copyright Act, 1842.&#13;
&#13;
&#13;
## p. 17 (#767) #############################################&#13;
&#13;
( 17 )&#13;
SECOND SCHEDULE.&#13;
Section 36.&#13;
ENACTMENTS REPEALED.&#13;
Session and Chapter.&#13;
Short Title.&#13;
Extent of Repeal.&#13;
8 Geo. 2, c. 13 The Engraving Copyright Act, 1734. The whole Act.&#13;
7 Geo. 3, c. 38 The Engraving Copyright Act, 1767. The whole Act.&#13;
15 Geo. 3, c. 53 The Copyright Act, 1775 . .&#13;
The whole Act.&#13;
17 Geo. 3, c. 57 The Prints Copyright Act, 1777&#13;
The whole Act.&#13;
54 Geo. 3, c. 56 The Sculpture Copyright Act, 1814 . . The whole Act.&#13;
3 &amp; 4 Will. 4, The Dramatic Copyright Act, 1833. . The whole Act.&#13;
c. 15.&#13;
5 &amp; 6 Will. 4, The Lectures Copyright Act, 1835. . The whole Act.&#13;
c. 65.&#13;
6 &amp; 7 Will. 4, | The Prints and Engravings Copyright The whole Act.&#13;
C. 59.&#13;
(Ireland) Act, 1836.&#13;
6 &amp; 7 Will. 4, The Copyright Act, 1836 . . . . The whole Act.&#13;
c. 110.&#13;
5 &amp; 6 Vict. The Copyright Act, 1842 . . . . The whole Act.&#13;
c. 45.&#13;
7 &amp; 8 Vict. The International Copyright Act, 1844 . The whole Act.&#13;
c. 12.&#13;
10 &amp; 11 Vict. The Colonial Copyright Act, 1847 . :) The whole Act.&#13;
c. 95.&#13;
15 &amp; 16 Vict. The International Copyright Act, 1852 . The whole Act.&#13;
c. 12.&#13;
25 &amp; 26 Vict. The Fine Arts Copyright Act, 1862 . . Sections one to six. In section&#13;
C. 68.&#13;
eight the words "and pursuant&#13;
“to any Act for the protection&#13;
“of copyright engravings,"&#13;
and “and in any such Act as&#13;
“aforesaid.” Sections nine to&#13;
twelve.&#13;
38 &amp; 39 Vict. The International Copyright Act, 1875 . The whole Act.&#13;
c. 12.&#13;
39 &amp; 40 Vict. The Customs Consolidation Act, 1876 . Section forty-two, from “ Books&#13;
c. 36.&#13;
“wherein " to " such copy-&#13;
“ right will expire.” Sections&#13;
forty-four, forty-five, and one&#13;
hundred and fifty-two.&#13;
4. &amp; 46 Vict. The Copyright (Musical Compositions) The whole Act.&#13;
c. 40.&#13;
Act, 1882.&#13;
49 &amp; 50 Vict. The International Copyright Act, 1886 . The whole Act.&#13;
c. 33.&#13;
51 &amp; 52 Vict. The Copyright (Musical Compositions) The whole Act.&#13;
c. 17.&#13;
Act, 1888.&#13;
52 &amp; 53 Vict. The Revenue Act, 1889 . . . . Section one, from “ Books first&#13;
c. 42.&#13;
"published” to “as provided&#13;
“in that section."&#13;
6 Edw. 7, c. 36 The Musical Copyright Act, 1906 . . In section three the words “and&#13;
“which has been registered&#13;
“in accordance with the pro-&#13;
“visions of the Copyright Act,&#13;
“ 1812, or of the International&#13;
“ Copyright Act, 1844, which&#13;
“ registration may be effected&#13;
“notwithstanding anything in&#13;
“the International Copyright&#13;
“ Act, 1886."&#13;
A.S.&#13;
&#13;
&#13;
## p. (#768) ################################################&#13;
&#13;
&#13;
&#13;
## p. 1 (#769) ##############################################&#13;
&#13;
STATUTORY RULES AND ORDERS, 1912.—No. 532.&#13;
COPYRIGHT,&#13;
THE COPYRIGHT ROYALTY SYSTEM (GENERAL) REGULATIONS, 1912.&#13;
DATED JUNE 7, 1912.&#13;
The Board of Trade, in pursuance of the powers&#13;
conferred by Section 3 of the Copyright Act, 1911,&#13;
hereby make the following regulations :-&#13;
PRELIMINARY.&#13;
(1.) These Regulations may be cited as the Copy-&#13;
right Royalty System (General) Regulations, 1912,&#13;
and shall come into operation on the 1st day of&#13;
July, 1912.&#13;
NOTICE.&#13;
(2.) The notice required by Section 3 of the&#13;
Copyright Act, 1911, shall contain the following&#13;
particulars :-&#13;
(a.) The name and address of the person&#13;
intending to reproduce the work;&#13;
(6.) the name of the work which it is intended&#13;
to reproduce and (if necessary) a descrip-&#13;
tion sufficient to identify it;&#13;
(c.) the manner in which it is intended to&#13;
reproduce the work (e.g., whether by&#13;
printing, lithography, photography, &amp;c.);&#13;
(d.) the price or prices at which it is intended&#13;
to publish the work ;&#13;
(e.) the earliest date at which any of the copies&#13;
will be delivered to a purchaser.&#13;
(3.) The notice shall, not less than one month&#13;
before any copies of the work are delivered to a&#13;
purchaser, be sent by registered post or published by&#13;
advertisement as follows :-&#13;
(a.) If the name and an address within the&#13;
United Kingdom of the owner of the&#13;
copyright, or his agent for the receipt of&#13;
notice, are known or can with reason-&#13;
able diligence be ascertained, the notice&#13;
shall be sent to such owner or agent at&#13;
such address;&#13;
(6.) if such name and address are not known&#13;
and cannot with reasonable diligence&#13;
be ascertained the notice shall be&#13;
advertised in the London Gazette ; the&#13;
advertisement in the London Gazette&#13;
shall give the particulars required by&#13;
paragraphs (a.) and (b.) of Regulation (2.),&#13;
and shall also state an address from&#13;
which a copy of the notice described in&#13;
Regulation (2.) may be obtained.&#13;
PAYMENT OF ROYALTIES.&#13;
(4.)–(a.) Unless otherwise agreed royalties shall&#13;
be payable by means of adhesive labels purchased&#13;
from the owner of the copyright and affixed to the&#13;
copies of the work.&#13;
After the person reproducing the work has given&#13;
the prescribed notice of his intention to reproduce&#13;
the work the owner of the copyright shall by&#13;
writing sent by registered post intimate to him&#13;
some reasonably convenient place within the United&#13;
Kingdom from which adhesive labels can be&#13;
obtained and on demand in writing and tender of&#13;
the price shall supply from such place adhesive&#13;
labels of the required denominations at a price equal&#13;
to the amount of royalty represented thereby.&#13;
Subject to these regulations, no copy of the work&#13;
shall be delivered to a purchaser until such label or&#13;
labels denoting the amount of royalty have been&#13;
affixed thereto.&#13;
(6.) In cases when royalties are payable by&#13;
means of adhesive labels if at any time labels of the&#13;
required denomination are not available either&#13;
because&#13;
(i.) after the expiration of fourteen days from&#13;
the date of the prescribed notice the&#13;
owner of the copyright has not duly sent&#13;
to the person reproducing the work an&#13;
intimation of some reasonably convenient&#13;
place within the United Kingdom from&#13;
which such labels can be obtained ; or&#13;
(ii.) the owner of the copyright refuses or&#13;
neglects to supply such labels within&#13;
fourteen days after demand duly made,&#13;
copies of the work may be delivered to purchasers&#13;
without having labels affixed thereto ; and the&#13;
amount of royalties shall be a debt due from the&#13;
person reproducing the work to the owner of the&#13;
&#13;
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## p. 2 (#770) ##############################################&#13;
&#13;
(&#13;
)&#13;
2&#13;
copyright, and the person reproducing the work shall the design to be entirely enclosed within a circle&#13;
keep an account of all such copies sold by bim. and the side of the label not to be greater than&#13;
(c.) For the purposes of this regulation “the i inch in length. The label shall not bear the&#13;
date of the prescribed notice ” means-&#13;
effigy of the Sovereign or any other person, nor any&#13;
(i.) in cases when the notice is required to be word mark or design such as to suggest that the&#13;
sent by registered post, the date when label is issued by or under the authority of the&#13;
the notice would in ordinary course of Government for the purpose of denoting any duty&#13;
post be delivered ;&#13;
payable to the Government.&#13;
in cases when the notice is required to be&#13;
advertised in the London Gazette, the&#13;
INTERPRETATION.&#13;
date of such advertisement.&#13;
(d.) Where royalties are by agreement payable in&#13;
(6.) In these Regulations the expression “ owner&#13;
any other mode than by means of adhesive labels&#13;
labels of the copyright” has the same meaning as in&#13;
the time and frequency of the payment shall be&#13;
Section 3 of the Copyright Act, 1911.&#13;
such as are specified in the agreement.&#13;
Dated this 7th day of June, 1912.&#13;
(e.) The adhesive label supplied as aforesaid&#13;
H. LLEWELLYN SMITH,&#13;
shall be an adhesive paper label, square in shape,&#13;
Secretary to the Board of Trade.&#13;
(ii.)&#13;
STATUTORY RULES AND ORDERS, 1912.—No. 533.&#13;
COPYRIGHT.&#13;
THE COPYRIGHT ROYALTY SYSTEM (MECHANICAL MUSICAL INSTRUMENTS)&#13;
REGULATIONS, 1912. DATED JUNE 7, 1912.&#13;
The Board of Trade, in pursuance of the powers&#13;
conferred by Section 19 (6) of the Copyright Act,&#13;
1911, hereby make the following regulations :&#13;
PRELIMINARY.&#13;
(1.) These Regulations may be cited as the Copy-&#13;
right Royalty System (Mechanical Musical Instru-&#13;
ments) Regulations, 1912, and shall 'come into&#13;
operation on the 1st day of July, 1912.&#13;
NOTICE.&#13;
(2.) The notice required by Section 19 (2) of the&#13;
Copyright Act, 1911, sball contain the following&#13;
particulars :&#13;
(a.) The name and address of the person&#13;
intending to make the contrivances ;&#13;
(b.) the name of the musical work which it is&#13;
intended to reproduce and of the author&#13;
(if known); aud (if necessary) a descrip-&#13;
tion sufficient to identify the musical&#13;
work ;&#13;
(c.) the class of contrivance on which it is&#13;
intended to reproduce the musical work&#13;
(e.g., whether discs, cylinders or music&#13;
rolls) ;&#13;
(d.) the ordinary retail selling prices of the&#13;
contrivances, and the amount of the&#13;
royalty payable on each contrivance in&#13;
respect of the musical work;&#13;
(e.) the earliest date at which any of the&#13;
contrivances will be delivered to a&#13;
purchaser ;&#13;
(f.) whether any other work is to be repro-&#13;
duced on the same contrivance with the&#13;
musical work specified in accordance&#13;
with paragraph (b.).&#13;
(3.) The notice shall, not less than 10 days&#13;
before any contrivances on which the musical work&#13;
is reproduced are delivered to a purchaser, be sent&#13;
by registered post or published by advertisement as&#13;
follows :-&#13;
(a.) If the name and an address within the&#13;
United Kingdom of the owner of the&#13;
copyright, or his agent for the receipt of&#13;
notice, are known or can with reasonable&#13;
diligence be ascertained, the notice shall&#13;
be sent to such owner or agent at such&#13;
address ;&#13;
&#13;
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## p. 3 (#771) ##############################################&#13;
&#13;
(&#13;
)&#13;
3&#13;
(6.) if such name and address are not known making the contrivances to the owner of the copy-&#13;
and cannot with reasonable diligence be right and the person making the contrivances shall&#13;
ascertained, the notice shall be advertised keep an account of all such contrivances sold by&#13;
in the London Gazette; the advertise him.&#13;
ment in the London Gazette shall give (c.) For the purposes of this Regulation “ the&#13;
the particulars required by paragraphs date of the prescribed notice" means&#13;
(a.) and (b.) of Regulation (2.), and shall (i.) in cases where the notice is required to be&#13;
also state an address from which a copy&#13;
sent by registered post, the date when&#13;
of the notice described in Regulation (2.)&#13;
the notice would in ordinary course of&#13;
may be obtained. Any number of&#13;
post be delivered ;&#13;
musical works may be included in the (ii.) in cases where the notice is required to&#13;
same advertisement.&#13;
be advertised in the London Gazette, the&#13;
The notice may be given either before&#13;
date of such advertisement.&#13;
or after the 1st day of July, 1912.&#13;
(d.) in cases where royalties are payable on con-&#13;
trivances made before the commencement of the&#13;
PAYMENT OF ROYALTIES.&#13;
Copyright Act, 1911, the person making such con-&#13;
(4.)—(a.) Unless otherwise agreed, royalties shall&#13;
trivances may give notice of his intention to sell&#13;
be payable by means of adhesive labels purchased&#13;
them, containing mutatis mutandis the same par-&#13;
from the owner of the copyright and affixed in the ticulars and given in the same manner as is pre-&#13;
manner provided by these Regulations.&#13;
scribed by these Regulations in the case of the&#13;
After the person making the contrivances has notice required by Section 19 (2) of the Copyright&#13;
given the prescribed notice of his intention to make Act, 1911.&#13;
or sell the contrivances, the owner of the copyright (e.) Where royalties are by agreement payable in&#13;
shall by writing sent by registered post intimate to any other mode than by means of adhesive labels,&#13;
bim some reasonably convenient place within the the time and frequency of the payment shall be&#13;
United Kingdom from which adhesive labels can such as are specified in the agreement.&#13;
be obtained and on demand in writing and tender (1) The adhesive label supplied as aforesaid&#13;
of the price shall supply from such place adhesive&#13;
shall be an adhesive paper label, square in shape,&#13;
labels of the required denominations at a price&#13;
the design to be entirely enclosed within a circle&#13;
equal to the amount of royalty represented thereby.&#13;
reby and the side of the label not to be greater than&#13;
and the side of the&#13;
Subject to these Regulations no contrivance shall&#13;
inch in length. The label shall not bear the&#13;
be delivered to a purchaser until such label or effigy of the Sovereign or any other person, nor&#13;
labels denoting the amount of royalty have been&#13;
any word, mark, or design such as to suggest that&#13;
affixed thereto, or in the case of cylinders, to which&#13;
the label is issued by or under the authority of the&#13;
it is not reasonably practicable to affix the labels,&#13;
Government for the purpose of denoting any duty&#13;
until such label or labels have been affixed to a payable to the Government.&#13;
carton or box enclosing the cylinder.&#13;
(b.) In cases where royalties are payable by&#13;
ORDINARY RETAIL SELLING PRICE.&#13;
means of adhesive labels if at any time labels of&#13;
the required denominations are not available either (5.) The ordinary retail selling price of any con-&#13;
because&#13;
trivance shall be calculated at the marked or&#13;
(i.) after the expiration of five days from the catalogued selling price of single copies to the&#13;
date of the prescribed notice of the public, or, if there is no such marked or catalogued&#13;
intention of the person making the con- selling price, at the highest price at which single&#13;
trivances to make or sell such contri. copies are ordinarily sold to the public.&#13;
vances the owner of the copyright has&#13;
not duly sent to the person making the&#13;
INQUIRIES&#13;
contrivances an intimation of some&#13;
reasonably convenient place within the (6.) The inquiries referred to in Section 19 (5)&#13;
United Kingdom from which such labels of the Copyright Act, 1911, shall be directed to the&#13;
can be obtained ; or&#13;
owner of the copyright by name or (if his name is&#13;
(ii.) the owner of the copyright refuses or not known and cannot with reasonable diligence be&#13;
neglects to supply such labels within ascertained) in general terms to “the owner of the&#13;
three days after demand duly made, copyright " of the musical work in respect of which&#13;
contrivances may be delivered to purchasers the inquiries are made, and shall contain-&#13;
without having labels affixed thereto or to the (a.) a statement of the name of the musical&#13;
carton or box enclosing the same ; and the amount&#13;
work in respect of which the inquiries&#13;
of royalties shall be a debt due from the person&#13;
are made and of the author (if known),&#13;
&#13;
&#13;
## p. 4 (#772) ##############################################&#13;
&#13;
( 4 )&#13;
and (if necessary) a description sufficient&#13;
to identify it;&#13;
(6.) a statement of the name, address and&#13;
occupation of the person making the&#13;
inquiries ;&#13;
(c.) an allegation that a contrivance has&#13;
previously been made by means of which&#13;
the musical work may be mechanically&#13;
performed, with the trade name (if&#13;
known) and a description of such&#13;
contrivance ;&#13;
(d.) an inquiry whether the contrivance so&#13;
described was made with the consent or&#13;
acquiescence of the owner of the copy-&#13;
right.&#13;
(7.) The inquiries shall be sent by registered&#13;
post or published by advertisement as follows ;-&#13;
(a.) if an address within the United Kingdom&#13;
of the owner of the copyright is known&#13;
or can with reasonable diligence be&#13;
ascertained the inquiries shall be sent to&#13;
such address ; or&#13;
(6.) if such address is not known and cannot&#13;
with reasonable diligence be ascertained&#13;
the inquiries shall be advertised in the&#13;
London Gazette.&#13;
(8.) The prescribed time for reply to such&#13;
inquiries shall be :-&#13;
(a.) in cases where the inquiries are required&#13;
to be sent by registered post seven days&#13;
after the date when the inquiries would&#13;
in ordinary course of post be delivered ;&#13;
(6.) in cases where the inquiries are required to&#13;
be advertised in the London Gazette seven&#13;
days after the date of such advertise-&#13;
ment.&#13;
INTERPRETATION.&#13;
(9.) In these Regulations the expression “ owner&#13;
of the copyright” has the same meaning as in&#13;
Section 19 (2) of the Copyright Act, 1911.&#13;
Dated this 7th day of June, 1912.&#13;
H. LLEWELLYN SMITH,&#13;
Secretary to the Board of Trade</text>
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