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Title A name given to the resource The Author Subject The topic of the resource <em>The Author</em> Description An account of the resource A digitised run of the Society of Authors' monthly periodical, <em>The Author</em>, 1890<span>–</span>1914, made available together for the first time.<br /><br />Currently users can browse issues and <a href="https://historysoa.com/items/browse?search=&amp;advanced%5B0%5D%5Bjoiner%5D=and&amp;advanced%5B0%5D%5Belement_id%5D=51&amp;advanced%5B0%5D%5Btype%5D=is+exactly&amp;advanced%5B0%5D%5Bterms%5D=Index&amp;collection=&amp;type=&amp;tags=&amp;exhibit=&amp;date_search_term=&amp;submit_search=Search+For+Items&amp;sort_field=Dublin+Core%2CTitle">indices</a> (not available for all volumes). Full text search for all issues, and other additional search functionality, will be added in 2022. Date A point or period of time associated with an event in the lifecycle of the resource 1890–1914 Identifier An unambiguous reference to the resource within a given context The-Author-Issues Publication Date The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format) 1914-02-02 Volume 24 Issue 5 Pages Page range in volume 123–152 Ngram Date Version of the date in YYYYMMDD format for use by the Ngram plugin 19140202 Ngram Text Version of the text with no HTML formatting for use by the Ngram plugin The Futhor. (The Organ of the Incorporated Society of Authors. Monthly.) FOUNDED BY SIR WALTER BESANT. Vou. XXTV.—No. 5. FEBRUARY 2, 1914. [Prick SIXPENCE. TELEPHONE NUMBER: 374 VICTORIA. TELEGRAPHIC ADDRESS: AUTORIDAD, LONDON. ——___+——_+____- NOTICES. ++ a the opinions expressed in papers that are signed or initialled the authors alone are responsible. None of the papers or paragraphs must be taken as expressing the opinion of the Committee unless such is especially stated to be the case. Tue Editor begs to inform members of the Authors’ Society and other readers of The Author that the cases which are quoted in The Author are cases that have come before the notice or to the knowledge of the Secretary of the Society, and that those members of the Society who desire to have the names of the publishers concerned can obtain them on application. _ ARTICLES AND CONTRIBUTIONS. Tue Editor of The Author begs to remind members of the Society that, although the paper is sent to them free of cost, its production would be a very heavy charge on the resources of the Society if a great many members did not forward to the Secretary the modest 5s. 6d. subscription for the year. Communications for The Author should be addressed to the offices of the Society, 1, Cen- tral Buildings, Tothill Street, Westminster, S.W., and should reach the Editor not later than the 21st of each month. Communications and letters are invited by the Editor on all literary matters treated from ‘Vou. XXIV. the standpoint of art or business, but on no other subjects whatever. Every effort will be made to return articles which cannot be accepted. ADVERTISEMENTS. Messrs. Matthews’ Advertising Service, Staple Inn Buildings, High Holborn, W.C., will act as agents for advertisements for “The Author.” All communications respect- ing advertisements should be addressed to them. As there seems to be an impression among readers of The Author that the Committee are personally responsible for the bona fides of the advertisers, the Committee desire it to be stated that this is not, and could not possibly be, the case. Although care is exercised that no undesirable advertisements be inserted, they do not accept, and never have accepted, any liability. Members should apply to the Secretary for advice if special information is desired. Bee ee THE SOCIETY’S FUNDS. —_— ROM time to time members of the Society desire to make donations to its funds in recognition of work that has been done for them. The Committee, acting on the suggestion of one of these members, have decided to place this permanent paragraph in The Author in order that members may be cognisant of those funds to which these con- tributions may be paid. The funds suitable for this purpose are: (1) The Capital Fund. This fund is kept in reserve in case it is necessary for the Society to incur heavy expenditure, either in fighting a question of principle, or in assisting to obtain copyright reform, or in dealing with any other 2 124 matter closely connected with the work of the Society. : : (2) The Pension Fund. This fund is slowly increasing, and it is hoped will, in time, cover the needs of all the members of the Society. ——__+—__+#—___—_ THE PENSION_ FUND. —_+—— N January, 1918, the secretary of the Society I laid before the trustees of the Pension Fund the accounts for the year 1912, as settled by the accountants. After giving the matter full consideration, the trustees in- structed the secretary to invest a sum of £300 in the purchase of Buenos Ayres Great Southern Railway 4% Extension Shares, 1914, £10 fully paid. The number of shares pur- chased at the current price was twenty-five and the amount invested £296 1s. 1ld. The trustees are also purchasing three more Central Argentine Railway New Shares at par, on which as holders of the Ordinary Stock they have an option. The trustees desire to thank the members of the Society for the continued support which they have given to the Pension Fund. The nominal value of the investments held on behalf of the Pension Fund now amounts to £4,764 6s., details of which are fully set out in the following schedule :— Nominal Value. Local Loans Victoria Government 8% Consoli- dated Inscribed Stock ........ London and North-Western 3% Debenture Stock ............ Egyptian Government Irrigation Trust 4% Certificates ........ Cape of Good Hope 84% Inscribed ‘ Stock Glasgow and South-Western Rail- way 4% Preference Stock ... New Zealand 34% Stock ....... Trish Land 22% Guaranteed Stock Corporation of London 21% Stock, 1927-57 ... 6s ee: Jamaica 384% Stock, 1919—49 ., Mauritius 4% 1937 Stock ....... Dominion of Canada, C.P.R. 34% Land Grant Stock, 1938 ...... Antofagasta and Bolivian Railway 5% Preferred Stock .......... Central Argentine Railway Or- dinary Stock 2. 2.5.6...4..0. 232 250 200 200 228 247 258 438 1382 120 bot bet So o oo bo 0 bo oof >) (<>) 198 237 > o oo =O > oao o o o THE AUTHOR. Nominal Value. £ 8. a, $2,000 Consolidated Gas and Electric Company of Baltimore 44% Gold Bonds 250 Edward Lloyd, Ltd., £1 5% Preference Shares 55 Buenos Ayres Great Southern Railway 4% Extension Shares, 1914 (fully paid) ....... ates 8 Central Argentine Railway £10 Preference Shares, New Issue.. 400 250 PENSION FUND. —_—+-—>—+ THE list printed below includes all fresh dona- tions and subscriptions (i.e, donations and subscriptions not hitherto acknowledged) received by, or promised to, the fund from October, 1913. It does not include either donations given prior to October, nor does it include sub- scriptions paid in compliance with promises made before it. Subscriptions. 1913. Oct. 8, Rees, Miss Rosemary Oct. 8, Pearce, J. ‘: : ; Oct. 9, Drummond, Miss Florence Oct. 9, Rumbold, Hugo Oct. 18, Knowles, Miss Oct. 20, Collison, Harry Oct. 21, Buchanan, Miss Meriel Oct. 25, Baker, E. A. . Nov. 6, Bentley, E. C. ‘ Nov. 6, Petersen, Miss Margaret Nov. 7, Lang, Mrs. John Nov. 19, Langferte, Raymond Nov. 24, Webb, W. Trego Nov. 24, Mackenzie, Compton Dec. 4, Vansittart, Robert Dec. 4, Lunn, Arnold . : Dec. 4, Stewart, Miss Marie . Dec. 4, Berry, Miss Ana Dec. 4, Vallois, Miss Grace Dec. 17, Beresford, J. D. Dec. 29, Inge, Charles . Dec. 29, Cross, Miss May . Dec. 29, Hardy, Thomas, O.M. 1914. Jan. 7, Ford, Miss May Jan. 7, Sephton, J. Jan. 16, Singer, I. _ mt _ Or Or Or NOS SHUM MHS S OO OO Ot OO OL 4 oco meooooococrmooococoooroocoocoocom SSS SSR2SSSONSOSCOSOSOSOSCSCOOCSO SCOOP ee ae: THE AUTHOR. 125 Jan. 16, Cooke, Arthur O. Jan. 23, Exley, Miss M. 1913. Donations. Oct. 7, Darwin, Sir Francis . Oct. 9, Carroll, Sydney Wentworth Oct. 21, Troubetzkoy, The Princess Oct. 27. Frankish, Harold Oct. 30, Rossman, Miss Nov. 8, Holland, Theodore Nov. 3, Steane, Bruce ‘ Nov. 3, Batty, Mrs. Braithwaite . Nov. 10, Elrington, Miss Helen Nov. 10, Waterbury, Mrs. . : Dec. 5, Dymock, R. G. Vaughton . Dec. 6, Macdonald, Miss Julia Dee. 11, Little, Mrs. Archibald Dec. 11, Topham, Miss Ann . Dec. 20, Edwards, Percy J. Dec. 21, Keating, J. Lloyd Dec. 21, Church, Sir Arthur . 1914, Jan. 5, Anon : Jan. 5, Joseph, L. S Jan. 5, Swan, Miss Myra Jan. 5, Vernede, R. E. Jan. 6, De Crespigny, Mrs. Champion Jan. 6, Rankin, Miss F. M. . Jan. 7, Sneyd- Kynnesley, E. M. Jan. 7, Lathbury, Miss Eva . Jan. 7, Toplis, Miss Grace . Jan. 8, Palmer, G. Molyneaux Jan. 9, Mackenzie, Miss J. Jan. 10, Daniell, Mrs. E. H. . Jan. 12, Avery, Harold Jan. 12, Douglas, Mrs. F. A. Jan. 15, Pullemn, Miss Catherine Jan. 15, Thomas, Mrs. Fanny Jan. 16, James, Mrs. Romane Jan. 19, P. H. and M. K. Jan. 19, Greenstreet, W. J. . Jan. 19, Gibbs, F. Leonard A. Jan. 23, Campbell, Mrs. L. A. R. . Jan, 23, Cameron, Mrs. Charlotte, PRES . : Jan. 23, Blunt, Reginald. Jan, 24, Raphael, Mrs. Mary. oom oo? oo _ i Koro OH HK ON OOo o OO _ Moocoocormrocoocoooorwon _ 1 bt te one AOAAInowinrocoeawmnanrnonowonuned _ ooo Samococcoeocoonacaocoooooaace eecoeoceocoaaooeocooeoaoo _ oS ore eceoomoocoocoece|ceocecoeocoscs _ Or COMMITTEE NOTES. a ee first meeting of the Committee of Management for 1914 was held at the offices of the Society, 1, Central Buildings, Tothill Street, Westminster, on Monday, January 12, at 8 o’clock. Owing - to the great pressure of business the committee have found it necessary to call the meetings at 3 instead of 4, as hitherto. After reading the minutes the committee proceeded with the election of members. The full list is set out on another page. The committee are pleased to state that the year has started very favourably, with an election of forty-four members and associates, the resignations only amounting to twenty-seven. At the beginning of the year resignations are always considerable—this happens inevitably in all similar bodies. The number, this year, is less than that for the corresponding period of 1913. This is very satisfactory in view of the much increased membership. The solicitor then reported on the cases during the month. In the first case, against a well-known Magazine, judgment was obtained, but it was not till execution had been levied that the sum was recovered. In the second case, judgment was recovered but execution failed to produce payment, and the solicitor is afraid that the judgment will prove abortive. ‘This is the more to be regretted because, before the proceedings were taken, an offer of settlement was made which, contrary to the solicitor’s advice, the member refused. In a claim against a paper for articles supplied, the money has been paid, and in two small cases against another paper the solicitors have been forced to take proceedings, as no notice has been taken of their preliminary letters. The Elysian Press, which owned the Onlooker and Throne, has gone into liquidation. There were two claims against this limited company which will not now, it is feared, be satisfied. Another paper has gone into liquidation, against which there is, at present, one claim outstanding. Ina claim by a member against a publishing firm the claim has been settled by payment of the royalties due. Another claim against an agent for exceeding his instructions is being considered, and if no satisfactory explanation is forthcoming will be taken up on behalf of the member. The solicitor reported a case against a pub- lisher, who, after repudiating the construction of his agreement, put forward, when an arbi- tration was suggested, accepted the Society’s view, and sent a cheque for the sum in dispute. A small dispute between one of the members and a firm which had been in liquidation has now been settled,’ and the member has accepted the legal view of the contract as set out by the solicitors. An important case respecting property in a 126 title was laid before the committee and very fully discussed. The matter appeared to the committee to be of such importance that they instructed the secretary to write a letter to the member concerned with a view of the Society taking immediate action in the matter. Ina question of alleged copyright infringement, which turned upon complicated questions of facts, the solicitors were instructed to write to the infringers for a statement of the circumstances in which they became possessed of the rights they claimed to hold. : In a case of infringement of a dramatist’s copyright, considered by the committee, the solicitors were instructed to take action on the member’s behalf. : The secretary then reported certain cases which had come into his hands. A case of infringement of dramatic rights in America was considered. The committee decided to send the papers to the Society’s American lawyer, and if assured that the author’s title was good, and that he had complied with the technicalities of the American law, instructed the lawyer to proceed in the matter. Ina case of dispute between author and publisher on the contract for publication, the com- mittee regretted they were unable to assist the author as he had not completed his part of the contract. The secretary was in- structed to write a letter to the member advising him to complete the contract as soon as possible, in which case the com- mittee would be willing to reconsider the _ matter. A request from a member that an accoun- tant should be placed in to inspect a publisher’s books the committee were obliged to decline, in the absence of any evidence of inaccuracy on the face of the statement of sales delivered. In a dispute between a member of the Society and an agent, the secretary was instructed to write to the agent that the committee were unable to accept his view of the position. Questions put forward by the Dramatic Sub-Committee were then considered by the committee. The committee adjourned the consideration of a request for a list of drama- tists from the Society’s New York agent, pending information respecting the purpose for which the list was required. The committee sanctioned an arrangement by which powers of attorney should be despatched to the Society’s lawyers in all parts of the world, with a view to facilitate their action in the event of copyright infringe- ments coming to their notice. The secretary was instructed to put matters in train, such THE AUTHOR. action having been approved by the Dramatic Sub-Committee. The question of the insertion in The Author of an article dealing with certain agreements was referred to the next meeting for considera- tion, in order that the Committee of Manage- ment might see the form of the article. Matters referred to the Committee of Management by the Composers’ Sub-Committee were then considered. The committee passed an article for insertion in The Author, and agreed to issue a pamphlet for the information of those composers who were members or desirous of joining. A proposal to alter the name of the Society was passed, subject to a discussion at the next meeting of the com- mittee as to a suitable title. A sub-committee was then appointed to settle the Annual Report, and it was agreed that the report, when finally settled, should be placed before the next meeting of the full committee. The appointment of an arbitrator made at the last meeting was confirmed in a case of dispute between. two members of the Society. The date of the General Meeting was left to be settled by the chairman of the Committee of Management. It was agreed that it should be held some time in April. The report of the meeting of the delegates of the Society with the Society of British Composers was then read, and the committee decided to follow out the suggestions of the Composers’ Sub-Committee thereon. Counsel’s opinion, which had been taken since the last meeting, in regard to the right of income tax collectors to demand from publishers information respecting the royalties paid to authors, was read, and it was decided to write to the publisher who had brought the matter to the committee’s notice, and also to write to the Publishers’ Association. The consideration of the draft guarantee form was adjourned to the next meeting, when the form will be finally settled. The secretary drew the attention of the committee to the fact that important questions often arose which affected writers of fiction only, and it was essential in these matters that the novelists should be consulted, just as the dramatists are consulted on matters specially affecting their interests. It was decided to keep a ecard index of the novelist members of the Society. A question of United States Copyright Law, laid before the committee by a correspondent in the United States, was considered, and the secretary was instructed to enquire of the | a ae THE AUTHOR. Society’s United States lawyer, as well as of the correspondent referred to, their views as to the best course to be pursued in the matter. An important case in regard to copyright in Canada was also laid before the committee. The committee decided that a notice should be printed in The Author, and instructed the secretary to take what steps were possible to draw the attention of the Government to the present difficult position. A proposal made by a member that a list of authors should be periodically printed in the Society’s magazine, giving particulars of the subjects on which they would write as experts, was negatived by the committee. After some discussion, the committee decided it was impossible to arrange for loans to authors on their contracts, not only because it was outside the work of the Society, but also because of the many difficulties that surrounded the proposal. The question of sending representatives to the International Congress in San Francisco in 1915 was considered, and the secretary was instructed to express the committee’s thanks for the invitation extended to them, and to add that arrangements would be made to send delegates, whose names would be communi- 127 the clauses had been finally settled ; that the remainder of the Treaty would be discussed at a subsequent meeting. He was pleased to add that many of the remaining clauses had been approved, and that the matter was practically finished. At the next meeting he hoped to be able to report a final settlement. The agreement for a run in a West End theatre which had been settled by a duly appointed sub-committee of the Dramatic Sub-Committee was finally approved, subject to two or three small alterations. The agree- ment will, in the course of a few days, be ready for any member of the Society desiring a copy. An important question of infringement of the property in a title by a cinema film was then brought forward, and the secretary was instructed to get the leave of the chairman of the Committee of Management to take action, as immediate action was necessary to carry the matter forward. It was decided to refer the whole question to the Committee of Management with a view to taking action, if necessary, to prevent similar infringements by asking the Government to legislate on the issues. Another important case of copyright in- fringement was laid before the sub-committee, aks | ys Letters from a member concerning Lending cated later, when the date approached. and the secretary was instructed to write to the member concerned thereon. The secretary laid before the sub-committee a letter received from the secretary of the Société des Auteurs et Compositeurs Drama- tiques on the question of film fees. enue 43 OE Libraries and the methods of the loaning of books were very carefully considered, but the suggestion appeared impracticable. The secre- tary was instructed to write to the member to thank him for his action in the matter. reas | an | ef intl | A letter dealing with the Library Censorship was adjourned to the next meeting. The committee instructed the secretary to convey their thanks to Mr. James T. Tanner for a donation of five guineas and to Mr. H. C. Davidson for a donation of ten shillings to the Capital Fund of the Society. —_— Dramatic SuB-COMMITTEE. Tur Dramatic Sub-Committee of the Society met at No. 1, Central Buildings, Tothill Street, Westminster, S.W., on Friday, January 16, at three o’clock. After the minutes of the previous meeting had been signed, the chairman, as one of the delegates appointed to meet the delegates of the Society of West End Managers, gave a report of the meeting which had been held the beet afternoon. He stated that the anagerial Treaty had been taken clause by clause and very fully discussed; that six of —_——+ ComposERS’ SuB-COMMITTEE. Tue first meeting of the Composers’ Sub- Committee for 1914 was held on Saturday, January 10, at the Society’s offices. After the reading of the minutes of the previous meeting, the question of the Board of Trade Regulations for the stamping of mechanical contrivances was again considered. It appears that in some cases the stamps fall off after being affixed, and that in other ways the arrangement is a source of annoyance to the manufacturers. The sub-committee con- sidered whether it would not be possible to make some suggestion to the Board of Trade which, whilst adequately protecting the com- posers, will, at the same time, in no way hamper the reproducers. When full con- sideration has been given the composers will, if necessary, make a suggestion to the Board of Trade. 128 The report of the meeting “of the delegates of the Society with the delegates of the Society of British Composers was read, and after some discussion it was decided to take no action at present, but the sub-committee decided to press the Committee of Management again on the question of the alteration of the title of the Society. The secretary informed the sub-committee that the matter would be laid before the Committee of Management at their meeting on the 12th. The Royalty Agreement which had been drafted for the publication of sheet music was gone into clause by clause, considered carefully, and finally passed. The Agreement will be set up in type and be at the office of the Society for those members who desire a copy. oo Cases. Durine the past month sixteen cases have been in the hands of the secretary. At present the number of those carried through to a successful issue is very small. This, no doubt, arises from the fact that during the end of December, and the first two or three weeks in January, there was a lull in business, and little came to the Society’s office. Now that the Christmas festivities are over, work is again being taken in hand, so that half at least of the cases submitted have only just come to the Society’s office. There were six cases for the return of MSS.; one has been placed in the hands of the solici- tors, and the other five are in the course of negotiation. A question of infringement of copyright has been settled and the amount claimed paid as damages. One claim for money has also been settled, the sum due having been forwarded to the author. Of three claims for accounts one has been closed, the other two are still open. Two claims for monies and accounts are still unsettled, and one dispute with an agent is still being negotiated, as also is one dispute on the interpretation of an agreement. No foreign cases have come in during the past month. Of the cases which were still left open at the end of the year three alone remain unsatisfied, but they are all cases outside Great Britain, and the delay has occurred owing to the necessary time which must elapse between writing a letter and receiving a reply. THE AUTHOR. January Elections. Aberdeen, The Rt. Hon. PC, The Earl of, K.C.M.G., ete. Aikin, W. A., M.D. Allen, Charles Edward. Anderson, Arthur James. Astle-Allam, Mrs. Agnes Mary. Bunting, Freeman Byng, Miss N. W. Campbell, H. R. . Cannéll, H. Skipwith Cohn, Miss Phoebe Cooke, Arthur Owens . Daviel, Leon Elson, Robert . Enthoven, Gabrielle. Esdaile, Ernest Hanrahan, Mrs. Agnes I Haworth, George K. Hixton, Madelline Hope, G. L. N. Hudson, H. Lindsay _Jackson, Holbrook ° Mrs. Levick, Dr. G. Murray Light, Miss Tipara Lynch, J. G. Bohun Vice-Regal Lodge, Dublin. 66, Bedford Gardens, Kensington, W. 4, Bis Passage, St. Charles, Tunis, North Africa. North Gate Cottage, Launceston. 127, Rotherhithe New Road, Lon- don, S.E. New Westminster, British Columbia. Wydford, Ryde, Isle of Wight. Holmer Court, Amersham. c/o American Stu- dents’ Club, 4, Rue Joseph Bara, Paris, France. 14, Sussex Place, N.W. 388, Dublin Edinburgh. 2, Albert Studios, Albert Bridge Road, S.W. Whittington, westry. 97,Cadogan Gardens, Chelsea, S.W. : 7, Carlton Parade, Herne Hill, S.E. 28, Highfield Road, Rathgar, Dublin. Irwell View, Rams- bottom. Hollinhurst, Edger- ton, Huddersfield. Park View House, Dartmouth. Avonlwyd, North Road, Glossop. Mill Hill, N.W. 19, Dewhurst Road, Brook Green, W. c/o Messrs. Hom- burg and Melrose, Grenfell Street, - Adelaide, | South Australia. 207, Lauderdale Mansions, Maida Vale, W. Street, Os-  Macdonald, Frederika, D.Litt. 12, St. George’s Square, Primrose Hill, N.W. No. 1719, Isamian Bazars, Hydera- bad (Deccan), India. Mangiah, Jayanti, B.A., LT, Merrick, Mrs. Hope . Millard, C. Killick ‘ Miller, Mrs. E. Olive (‘‘ Olive Chancellor ’’) Moor, Lady : , Town Hall, Leices- ter. The Old Vicarage, Brixton, Ply- mouth. Greystone, Estcourt, Natal. Author’s Club, 2, Whitehall Court, S.W. Schloss Felsegg Wiltenberg, Inns- bruck, Tirol, Austria. Miigge, Maximilian A. . Oliver, John Rathbone. Philmar, Arthur J. : Pullein, Miss Catharine. Redfern, Miss Joan Lyceum Club, 128, Piccadilly, W. 60, The Groton Building, Cincin- nati, Ohio, U.S.A. Grey Friars, Ascot. Reed, Dr. Charles A. L. M.A., M.D., F.C.S. Sarawak, Her Highness the Ranee of. Saunders, John G. ‘¢ Eissendon,’’ Wood- ville Road, New Barnet, N. 8, Portland Man- sions, Clapham, S.W. Standing, Percy Cross . (i BOOKS PUBLISHED BY MEMBERS. a While every effort is made by the compilers to keep this list as accurate and exhaustive as possible, they have some difficulty in attaining this object owing to the fact that many of the books mentioned are not sent to the office by the members. In consequence, it is necessary to rely largely upon lists of books which appear in literary and other papers. It is hoped, however, that members will co-operate in the compiling of this list, and, by sending particulars of their works, help to make it substantially accurate, ARCHASOLOGICAL. Norzs on Taz CHurcHEes IN THE DEANERY OF Kann, Dzvon. By Beatrix F.Cresswett. 9 x 6. 191 pp. Exeter: J. E. Commin and Son. ARCHITECTURE. VALUATION AND Comprnsations. A Text Book on THE Practice or VALUING PROPERTY AND ON COMPENSA- THE AUTHOR. 129 TIONS IN RELATION THERETO, FOR THE USE OF ARCHI- TECTS, SURVEYORS AND OTHERS. By PRoFEssoR BanisTeR Fiercuer. A fourth Edition. Revised, Rewritten and greatly enlarged by BanistER FLIGHT Fietcuer and Hrrsert Pumiies FuutcuEr. 7} x 43. 446 pp. Batsford. 7s. 6d. n. BIOGRAPHY. Paun VERLAINE. By Witrrm TuHorRLeY. (Modern Biographies.) 62 x 43. 107 pp. Constable. 1s. n. DRAMA. Puaxpra. A Tragedy in Five Acts, from the French of Racine. By S. Cuaupr Tickert. 8} x 52. 79 pp. J. Richmond, 14, Conduit Street, W. 2s. n. ECONOMICS. Tue Earty WEIGHTS AND MEASURES OF MANKIND. By GENERAL Srr CHARLES WARREN, G.C.M.G. 82 x 53. 135 pp. Palestine Exploration Fund. 7s. 6d. La GRanpeE Ittuston Park NoRMAN ANGELL. Translated by S. Ruesrrers. 64 x 4}. 498 pp. (Collection Espafiola.) Nelson. 1s. n. 7% x 5. 316 pp. Jacop BatTeman’s LappEerR. By Asnitry L. Barnzs- Mattory’s Tryst. By Mrs. Pumie CuHamrion DB Crespicny. 74 xX 5. 306 pp. Mills and Boon. 6s. 314 pp. Lane. 6s. Love anpATittr. By HerpertFLrowerprew. 73 x 43. Cauuista IN Revott. By Onivia Ramsny. 72 x 6. 321 pp. John Long. 6s. 7% x 5. 320 pp. Everett. 6s. Lats in Lire. By Aticze Prrrin. 64 x 43. 254 pp. Ex Misterio pr LA VitLa Rosa Por A. E. W. Mason. Translated by F. Battv#. 308 pp. 64 x 4}. (Collec- JemMMY ABERCRAW. By BERNARD CAPES. Library.) Cheap Edition. Nelson. 7d. n. 7% x 6. 301 pp. Methuen. 6s. Ont Kinp anp AnotHEeR. By Barry Parn. 73 x 5. Gay Mornina. By J. E, Buckrose. Mills and Boon. 6s. 73 x 5. 320 pp. Stanley Paul. 6s. Tue Master or Merripir. By Epen Poiiwporrs. 72 x 5. Dust rrom tox Loom. By Epwarp Nopin, 7} x 65. Constable. 6s. 303 pp. Melrose. 6s. Tue Decoy. By Tau Countrss or CRoMARTIn. 7} X 5}. Terms or Surrenper. By Lovis Tracy. 7% x 43. 346 pp. Cassell. 6s. 320 pp. John Long. 6s. Otp Motn’s Nover. Revised and Expurgated by 6d. n. i Lawrence. Illustrated in Colours. §.P.C.K. Somepopy’s Lucaace. By F. F. Ranpau. 72 x 5. 320 pp. Greening. 6s. Tue Curtain. By Gertie DE S. WENTWoRTH JAMES. (Re-issue.) Methuen. 7d. n. tion Espafiola Nelson.) Nelson. Is. n. (The Nelson Tue Friyine Inn. By G. K. CHesterton. 308 pp. Martin Secker. 6s. Tue Waters or Letun. By Dorotuea GERARD. 304 pp. Ward Lock. 6s. Buryp Eyrs. By Marcarret Puterson. 7% x 5. 176 pp. Erskine Macdonald. 3s. 6d. n. A Brspoxen Bripz. By Frep Wuisuaw. 72 x 5. GILBERT Cannan. 6} x 4}. 63 pp. Martin Secker, (Cheap Reprint.) 63 x 44. 247pp. Methuen. 7d. n. 130 HISTORY. ANNALS AND Memorrs or THE Court or Pexine. From the Sixteenth to the Twentieth Century. By E. Back- Housr. J. O. P. Buanp. 10 x 6}. 531 pp. Heine- mann. 16s. n. POETRY. Wittow’s Forar anp Orner Porms. By SHemma Kaye- Suiru. 73 x 5}. 52 pp. Erskine Macdonald. LITERARY. S’Amusr. By W. Wurrem Bram Fisu. Blackwell. 3s. 6d. Sa Muss OXFORD : —_——_—_ + o—___—_- LITERARY, DRAMATIC, AND MUSICAL NOTES. — + — e HE SCHOOLMASTER,” by Mr. A. C. Benson, C.V.O., President of Mag- dalene College, Cambridge, is the new volume in Murray’s Shilling Library. It is described as a commentary upon the aims and methods of the public-schoo] master, in relation to the boys in his house, his pupils, and his classes. In ‘“‘ Ancient and Medieval Indian Archi- tecture,” Mr. E. B. Havell completes the previous survey of the subject, and traces the history from the earliest times to the Moham- madan conquest. The book is announced for publication by Mr. John Murray. The new publications of the same firm include ‘‘ Buddhist China,” by Mr. R. F. Johnston, of the Weihaiwei Government (15s. net); ‘‘ Christina of Denmark, Duchess of Milan and Lorraine,” by Julia Cartwright (Mrs. Ady), (18s. net); ‘‘ The Mounted Police of Natal,” by Mr. H. P. Holt, with an introduc- tion by General Sir George Dartnell (10s. 6d. net); ‘‘ Memories of a Musician,” by Wilhelm Ganz (12s. net); and a second edition of ** Law and Politics in the Middle Ages,’ by Edward Jenks, M.A., B.C.L. Mrs. Ellis H. Chadwick’s ‘‘ In the Footsteps of the Brontes ”’ is published by Sir Isaac Pit- man & Sons, at 16s. net. The Canadian publishers of Mr. Arnold Haultain’s “ Goldwin Smith: His Life and Correspondence,”’ are McClelland and Good- child, of Toronto. A book of ‘‘ Reminiscences, Social and Political,” by the Lady Southwark, has been published by Williams & Norgate, at the price of 12s. 6d. The book contains glimpses of Queen Victoria, Prince Albert and the Royal children, and other celebrities of the Victorian THE AUTHOR. era. The volume is illustrated by many por- traits drawn by the pencil of the author. Mr. Herman Scheffauer’s translation of Heine’s “‘ Atta Troll,’’ with an introduction by Dr. Oscar Levy and illustrations by Mr. Willy Pogany, has been published by Sidgwick & Jackson. ‘* Busy Days ”’ is the title of a collection of extracts from the fourteen previous works of Mrs. Alec Tweedie, whose ‘‘ America as I Saw it’? is in its second edition. The sub-title of E. Nesbit’s ‘‘ Wings and the Child,’’ gives some idea of its scope—‘‘a Plea for the Culture of Imagination” (Hodder & Stoughton, 6s.). Dr. Marie Stopes is bringing out in the first week of February a volume of original verse called ‘“‘ Man, other Poems, and a Preface.” Messrs. Heinemann are publishers of this, as well as of ‘‘ Plays of Old Japan: The No,” by Dr. Marie Stopes and Professor Sukurai, to which the Japanese Ambassador, Baron Kato, contributed a congratulatory preface. Mr. Walter M. Gallichan’s new book will be published in the spring by Holden & Harding- ham. It is an illustrated volume dealing with the position of women under plural marriage in the Eastern nations. The title is ‘““ Women under Polygamy.” ‘* A Moralist’s Birthday Book ”’ is the title of a little volume in which the quotations are selected and edited by Mr. Mark Meredith. ‘** Behind the Veil,” by Mr. George R. Sims, figures among the spring announcements of Greening & Co. Mr. Horace A. Vachell’s new novel is ‘** Quinneys.” This and Mr. Eden Phillpott’s latest volume of Dartmoor stories, ‘‘ The Judge’s Chair,’ are announced by Mr. John Murray. Other works of fiction from the same house are ‘“‘ Cake,” by Mr. Bohun Lynch; “ The Race of Castlebar,” by the Hon. Emily Lawless and Mr. Shan F. Bullock; ‘‘ Through Other Eyes,”’ by Miss Amy McLaren; ‘ The Vision Splendid,” by Messrs. D. K. Broster and G. W. Taylor; and ‘“‘ Loot,” a collection of Mr. H. A. Vachell’s short stories. Miss Jeanette Marks’s ‘‘ Leviathan,”’ a novel dealing with the drug habit, is published by the - George H. Doran Co., of New York. Mrs. Alice Perrin’s story, ‘The Happy Hunting Ground,” which has appeared serially in the Daily Telegraph, is coming out in volume form on the 19th inst. (Methuen). Mr. Frank Savile’s ‘‘ The Red Wall’ (Nelson), appeared in the Pall Mall Magazine under the title of ‘‘ The Secret,” but a change was ? THE AUTHOR. necessary owing to the latter name having already been used for a novel by another author. Mr. Savile’s ‘‘ The Pursuit ”’ is coming out in a cheap edition (Hutchinson & Co.). In “ Square Pegs,”’ Mr. Charles Inge, author of “ The Unknown Quantity,”’ raises again the question what is failure and what is success, as illustrated by the careers of a big man from South Africa and a little solicitor, each of whom both succeeds and fails. Mr. Max Rittenberg has two novels for 1914, “The Modern Chesterfield ” and “* Every Man His Price.” The former is in the nature of a Fleet Street satire, and is described in the sub- title as ‘‘ being a series of letters from a self- made baronet to his son, imparting counsel and an occasional grilling, through the latter’s career in philanthropy, halfpenny journalism, politics, & marriage.” Hurst and Blackett are to publish this during March. The second novel projects into the future, and deals with a young scientist’s career in the development of wireless telephony. Methuen in London and Dillingham in New York will publish this in August next. Among the novels appearing through John Long, Ltd., are ‘‘ Faith and Unfaith,” by Mr. James Blyth; ‘‘ Mary’s Marriage,” by Mr. Edmund Bosanquet ; and ‘“‘A Bespoken Bride,” by Mr. Fred Wishaw. Miss Ivy Low’s “‘ The Questing Beast ’’— the title of which recalls both the ‘‘ Morte d’Arthur’”’ and the ‘‘ Faery Queen ’’—deals largely with the life of girl-clerks, of which the author has intimate knowledge. Mr. Ralph Stock’s “‘ Marama ”’ is a novel of the South Seas (Hutchinson). The dramatic rights have been secured by the Leibler Co., of New York, for production in March. “‘ Drum’s House,” by Ida Wild (Mrs. Meynell Pearson), was published by Constable & Co. last year. E. W. Savi’s “ Baba and the Black Sheep,” an Anglo-Indian love story, is to be published early in the spring by Hurst & Blackett. The same author’s ‘“‘ The Daughter-in-law ”’ is now in its third edition. Stanley Paul & Co. are the publishers of ““The Twin Soul of O Take San,” by the Baroness d’Anethan, sister of Sir Rider Haggard; of ‘The Split Peas,” by Mr. Headon Hill; and of ‘‘ Cupid’s Caterers,”’ by Mr. Ward Muir. The two last-named are included in Stanley Paul’s Empire Library. In the same firm’s 2s. net series Miss Dorothea Gerard’s ‘“‘ The Unworthy Pact ”’ is to appear. ' Stanley Paul & Co. are also producing * Jill All Alone,” by Rita (Mrs. Desmond Hum- 131 phreys). A 7d. edition of this author’s novel, ‘** A Man of No Importance,” has been issued by Hurst & Blackett. The most recent of Mr. Ascott Hope’s books for prizes, school libraries, ete., is ‘“‘ Half and Half Tragedy ” (A. & C. Black, 5s.). Mrs. Fred Reynolds’s new book, to be pub- lished shortly by Mills & Boon, is entitled **An Absent Hero.’ It owes its interest to the rather unusual fact that the hero never appears on the scene at all; his character and personality being entirely worked out in the conversation of those who are his friends or otherwise. Mrs. Charlotte Mansfield’s novel, ‘‘ Red Pearls,”’ introduces the great strike of last year in South Africa (Holden & Hardingham). Mr. Dugald Ferguson’s ‘“‘ Mates” is pub- lished by Hurst and Blackett. “ At the Back of the World,” by George and Jennie Pugh, is published by Lynwood & Co. Miss Constancia Serjeant is the author of ‘“ A Christmas Rose: a Story of the Christ Child.” The late Mr. H. D. Lowry left an unfinished Cornish story, ‘‘ Wheal Darkness.” This was completed by his cousin, Mr. C. A. Dawson Scott, and is now running serially in the Cornish Post, Cornish Telegraph, and Redruth Efficient Advertiser. In the December number of Health and Vitality, the organ of the International Health League, appeared a complete Christmas story by Miss Annabel Gray, entitled “A Bitter Cup; or, Jack’s Yarn.” An article on ‘‘ Differences in Animal and Plant Life,” by Mr. F. Carrel, appeared in the January number of Science Progress. In the letter from Mr. James Marchant in the January Author, concerning the late Dr. Alfred Russel Wallace, the address—Loch- nagar, Edenbridge—was omitted. As a result Mr. Marchant fears that those who would have responded to the letter did not know whither to send their reminiscences. In the same Correspondence column the address of Mrs. E. M. Story, who wrote con- cerning ‘‘ Browning Relics,” should have appeared as Orchard House, Whitton Road, Twickenham. On the front page of the January Author the advertisement of Mackirdy’s ‘Veekly stated that the circulation of the paper was “10,000 weekly.” Mrs. Archibald Mackirdy (Olive Christian Malvery) writes to say that this should have been ‘‘ 100,000 weekly,” and that the standing orders are now far over that figure.  132 The fourth number of€Poeiry and Drama (published at the Poetry Bookshop, 2s. 6d. net, or 10s. 6d. per annum, post free) completes the first volume of this quarterly. The editor announces a new departure in the section of the magazine devoted to criticism. ‘‘ We have decided, with certain exceptions, to represent the volumes which come before us in 1914 solely by quotation, without comment.” Mr. S. B. Banerjea, author of ‘Tales of Bengal,” etc., is publishing a volume of “JIndian Tales” with the Oxford University Press, Bombay, immediately. Though mainly intended for young people, the book will interest and entertain their parents also. Mrs. Philip de Crespigny’s new novel, “Mallory’s Tryst,”’ was publi hed last month by Messrs. Mills & Boon. It is a modern- day story. Mrs. de Crespigny has also a short story coming out in the Storyteller. DRAMATIC. Mrs. Leonard Merrick’s new four-act play, ‘* Mary-Girl,”” was produced at the Vaudeville Theatre on January 13. After the 150th performance of Mr. Louis N. Parker’s “‘ Joseph and His Brethren,’ ‘‘ The Darling of the Gods’’ was revived by Sir Herbert Tree at His Majesty’s Theatre on January 17, under the supervision of Mr. Yoshio Markino. The Play Actors produced at the Court Theatre on January 25, Mr. Israel Zangwill’s “The Melting Pot,” which has been played many thousand times in the United States, but has only been seen in London in a Yiddish version. The play is published in book form by Heinemann, with an afterword by the author, dealing with the problems involved in the play. Mr. Paul Rubens contributes the book and the music to the new musical comedy, ‘“ After the Girl,”’ at the Gaiety Theatre. “The Ladies’ Comedy,” by Mr. Maurice Hewlett, is to be seen at a matinee at the Little Theatre on February 8. A dramatic version of Mr. H. de Vere Stacpoole’s romance, ‘‘ The Blue Lagoon,”’ is among the ventures contemplated by Sir Herbert Tree. A dramatic version of Sir Rider Haggard’s “ A Child of Storm ”’ will be seen at the Globe ea with Miss Lily Brayton in the title- role. At the Comedy Theatre on the 5th inst. ‘‘ The Tyranny of Tears,’”’ by Mr. C. Haddon Cham- bers, is being revived. THE AUTHOR. On the termination of the matinee season of ‘** Peter Pan” at the Duke of York’s Theatre this month, Sir J. M. Barrie’s “‘ Quality Street ”’ will be seen at Thursday and Saturday matinees as well as in the evening bill. A German version of Mr. Herman Scheffauer’s play, “‘ The New Shylock,” has been given at the Stadt Theatre, Dantzig. Miss Cicely Hamilton lectured to the Gallery First Nighters’ Club on January 18. The post of Examiner of Plays, vacant on the death of Mr. Charles Brookfield, has been given to Mr. G. S. Street. Some of the work of Rita (Mrs. Desmond Humphreys) has been purchased for the Kinema by the Edison Co. and by Pathé Fréres. Mr. W. Percival Westell, F.Z.S., gave four “cinema nature lectures”? at the Playhouse, Hitchin, last month. Mustc. Mr. Theodore Holland’s new violin pieces, “* Poéme ” and “‘ Fireflies,’ were introduced by Mr. Horace Fellowes at his recital in the AKolian Hall on January 28, accompanied by the composer. > —_____—_ PARIS NOTES. VY ““La Perception du Changement,” M. Henri Bergson explains to us, with his usual simplicity and wonderful clearness, some of the essential points of his theories. ““L’Appel des Armes ”’ is the title of a novel by Ernest Psichari, a grandson of Ernest Renan. The author tells us the story of the son of an anti-militarist Professor, who, against the wishes of his father, enlists for five years’ service in Africa. We see the influence of his Captain, who, having no high ideals, can only teach him his profession. As a psychological study the book is extremely interesting, and from a literary point of view we see with the greatest pleasure that something of that exquisite writer, Renan, lives again in his grandson. ** Vivre la Vie,”” by Jacques des Gachons, is a sequel to that clever psychological study entitled “ La Vallée Bleue.’ Each of the two books is a complete story in itself. In the - first, we see the influence of surroundings on two brothers, one of whom lives in Paris and the other in the country. In the second story we have the history of the descendants of the two brothers. This novelist’s books are greatly appreciated in France and have already  won, for their author, two of the French Academy prizes. “La Ville Assiégée,” by Guy Chantepleure, is not a novel, but a story of real life. Madame Guy Chantepleure was at Janina in October, 1912, just as war was declared with Turkey, and she describes the town to us, in November, when all the schools were transformed into ambulances. On December 26, in the very midst of the horrors of warfare, she had organised a féte for the Greek children, who danced around the Christmas tree and forgot for a short time, at any rate, the privations and miseries they were enduring. An excellent translation of the well-known novel by the Swedish author, Gustaf af Geijerstam, has been made by Wilhelm Bauer under the title of ‘‘ Le Livre du Petit Sven.” It is merely a story of family life, but told with such delicacy and refinement that the reader is held spell-bound by it. Little Sven and his dog Fox, his mother, father, and the other members of the family, become real, living individuals, and as one reads the father’s diary one sympathises with him in his great grief, after the death of his little boy and his wife. To all lovers of Old Paris we would recom- mend the volume by André Hallays, entitled + Bn flanant a travers la France, Paris.”” The author tells us of the Auteuil of the seventeenth century, of the history of the Hotel Biron, and also of the house in the Rue Saint-Jacques, in which Mdlle. de la Valliére took refuge. After Old Paris comes ‘‘ Le Nouveau Paris {la vie artistique de la Cité moderne),” by Ray- mond Escholier. The preface is written by M. Gustave Geffroy. The book entitled ‘“‘ Espagne et Portugal,” by Marcel Dieulafoy, can now be read either in French or English. No better informed writer could have been chosen for this volume of the collection : Historie générale de ’ Art than the celebrated explorer and archzxologist whose travels in Persia resulted in the interesting collection now to be seen in the Louvre Museum. M. Dieculafoy has travelled a great deal in Portugal and in Spain, and he gives us, in this volume, his theories with regard to architectural origins and the influence of the various styles. About 700 illustrations are given in this work. Rabindranath Tagore’s Gitanjali has been translated into French by André Gide and is entitled ‘‘ L’Offrande Lyrique.” “Les Lettres, les Sciences, les Arts, la Philosophie et la Religion des Anglo-Saxons,” by H. Pierquin, seems to us rather a vast subject to treat in one volume. THE AUTHOR. 183 “La Résistance legale en Finlande ”’ by J. J. Caspar, Avocat a la Cour d’Appel a Paris, may interest the Society of Friends of Finland. The preface is written by Pierre Mille. ‘‘Visages de Femmes” is another of the volumes of excellent studies by André Beaunier. He tells us of Lucile de Chateaubriand, of Mme. de Staél and of Mme. de Beaumont, of Adéle Schopenhauer and of Eugénie de Guérin among others. The Abbé Blandin gives us another volume to add to those already written on “J. K. Huysmans.”’ As he knew him intimately, he tells us of his life, his first books, his evolution and his conversion. He endeavours to explain many things which have always appeared unexplainable. M. Paul Leprieur, Curator of the Louvre Museum, gives us a volume with illustrations entitled ‘‘ Millet.” It is an excellent bio- graphical study and criticism of the celebrated painter of ‘‘ The Angelus.” ‘“‘TImpét sur le Revenu,” by M. Joseph Caillaux, is certainly the book of the moment. M. J. Combaricu now gives us the second volume of his ‘‘ Histoire de la Musique.” For the first volume the sub-title was ‘ Des origines 4 la fin du XVI.™°siécle,” and for the second volume: ‘‘ Du XVII.™ siécle ala mort de Beethoven.” To all interested in scouting, a book entitled “‘ Les Eclaireurs de France et le Réle social du Scoutisme frangais,” by Captain Royet, may throw some light on the progress of the move- ment in France. The preface is written by Gaston Deschamps. M. Couturier who was for many years Frangois Coppée’s secretary, has published a volume entitled ‘‘ Chez Frangois Coppée.”’ He tells us of the simple and beautiful life of the “‘ people’s poet ” and of the fine character of that Parisian of Paris, whose absolute sincerity and kindliness won all hearts. At the Theatre Frangais, Henry Bataille’s play ‘‘ La Marche Nuptiale”’ is being played, and at the Odéon “Rachel” fills the house. Sarah Bernhardt may be congratulated on having found, in ‘‘ Jeanne Doré,” a play which the public hope may have a very long run. Everyone is genuinely delighted that the great French tragedian should, at last, receive the recognition which she ought to have had years ago. Her promotion to Chevalier of the Legion of Honour was the occasion of a special fete. At present, the indefatigable artiste is giving a series of lectures at the request of the University of Les Annales. 134 Among theatrical enterprises, it seems likely that ‘The Little English Theatre,” organised by Mr. Philip Carr, will be welcomed enthusias- tically. For some years, it has been proposed to have a theatre here of comparative ltera- ture, and it seems now quite possible to realise this plan. M. Camille de Sainte Croix, director of the Compagnie frangaise du Theatre Shakespeare, is putting on in French “ Le Marchand de Venise,”’ and almost immediately afterwards, Mr. Philip Carr will produce ‘‘ The Merchant of Venice ’’ here in English. Other plays will be given in the same way by these two directors, who, with separate organisations, will work together to carry out this idea. On his honorary committee, M. de Sainte Croix has some of the best names in France, including those of the Duchess of Rohan, Professor Charles Richet, Princess Lucien Murat, M. d’Estournelles de Constant, Jean Finot, whilst Mr. Carr has on his honorary committee, The British Ambassador, the Ambassador of the United States, the Dowager Duchess of Uzes, Duchess of Guiches, Anatole France, Auguste Rodin, M. and Mme. Albert Besnard, M. and Mme. Emile Boutroux and many others. Atys HALuarp. Oo COPYRIGHT IN A TRANSLATION. ——4+—<— 4 ‘ Byrne v. THE Statist Co., Lrp. HE decision of Mr. Justice Bailhache in this case is important to authors and journalists because it determines several interesting questions relating to copyright in a translation of a non-copyright work, the rights of an author who is in the employment of a newspaper, and the new defence to an action for damages in respect of an infringement for copyright, wherein the defendant alleges that he was not aware and had no reasonable grounds for suspecting that copyright subsisted in the plaintiff’s work. The plaintiff, Mr. F. D. Byrme, who is employed on the editorial staff of the Financial Times, and has an extensive knowledge of foreign languages, including Portuguese, sued the defendant company for damages for the infringement of his copyright in a translation of a speech dealing with financial matters, which was delivered in the General Legislative Assembly of the State of Bahia by the governor of that State. The speech, which was in Portuguese, was published in a Bahian news- paper ; and the plaintiff was asked by the business manager of the Financial Times to quote a price for making a translation of the THE AUTHOR. speech for publication in that paper as an advertisement. ‘The plaintiff agreed to do the work for twenty guineas and asked that his name should appear as the translator. The work was done by the plaintiff out of office hours and the English translation of the speech appeared in the Financial Times with the note, ‘‘ Translated from the Portuguese by F. D. Byrne.” This advertisement in the Financial Times was seen by the business manager of the Statist, who obtained permission from the Bahian Government to reproduce the speech, as an advertisement in the Statist. The defendants published the plaintiff's English translation in the Statist and this was the infringement of copyright for which the plaintiff claimed damages. It was contended on behalf of the defendants that the plaintiff's translation was not an ‘*‘ original literary work’’ and was not the subject of copyright; and that if it was capable of copyright, the translation was made by the plaintiff when he was in the employ- ment of the Financial Times and in the course of his employment, so that the copyright, if it existed, would belong to his employers. It was further pleaded that the defendants were not liable for damages, because they were not aware and had no reasonable grounds for suspecting that copyright subsisted in the work. It was upon this latter point that the defendants most strongly relied. Evidence was given that the practice of the managers of newspapers with regard to advertisements is that when they see an advertisement in a paper, which they would like to have the profit of publishing, they apply to the advertiser or his agent for leave to print the advertisement in their paper; and having arranged a price they print a verbatim copy of the advertise- ment, apparently relying upon the supposition that there is no copyright in the advertisement or that the copyright belongs to the advertiser. The points raised on behalf of the defendants are dealt with in the judgment of Mr. Justice Bailhache, who said that he thought the words ‘*‘ original literary work’? meant a literary work of which the person in whom the copy- | right was laid: or through whom the title to the copyright was traced was the author. A translator of a literary work had for many years been held to be the author of his transla- tion. The plaintiff’s translation was not merely mechanical. The plaintiff had com- pressed the speech and edited it by omitting the less material parts. He had divided it into suitable paragraphs and supplied appropriate  headlines. The plaintiff's translation was therefore an original literary work. As to the question of employment, the judge pointed out that the plaintiff did not make the translation in pursuance of any duty owed by him to the Financial Times as one of their staff, or in the course of his employment as such, but his employment to make the trans- lation was an independent engagement quite outside his ordinary duties, and the work was done entirely in his spare time. The last point raised on behalf of the defendant company also failed. The adver- tisement in the Financial Times contained an intimation that it had been translated by the plaintiff. The evidence showed that such a notice was unusual, and in the judge’s opinion there was reasonable ground for suspecting that there was copyright in the plaintiff's translation. The position of the defendants in truth was not so much that they did not suspect the translation was the subject of copyright as that they supposed that the copyright belonged to the governor of Bahia, whose permission to reproduce it had been obtained. This merely amounted to saying that they supposed they had the authority of the owner of the copyright, which was a very different thing from not suspecting that any copyright existed. The Act does not give protection to a person who, knowing or suspecting that copyright exists, makes a mistake as to the owner of the copyright and under that mistake obtains authority to pub- lish the work from a person who is not in fact the owner of the copyright. The defence therefore failed and judgment was given for the plaintiff for £150 damages and costs. Haroitp Harpy. i COPYRIGHT TITLE AND TRADE MARK. 9 U.S.A. Law Case, aS. of space has prevented our quoting sooner the opinion of the Circuit Court of Appeals at St. Louis in the case of Atlas Manufacturing Co., et al. v. Street and Smith, which involved several very interesting questions of the protection of the name of a fictitious character by trade mark or copy- right or both, this though questions of copy- ag per se, were not presented by the case. T e name involved was “Nick Carter,” which Street and Smith were attempting to THE AUTHOR. 135 protect against moving picture piracy. The decision rendered was a divided one and will, it is understood, be appealed to the U.S. Supreme Court. Van Valkeburgh, District Judge :— ‘* Appellees, complainants below, are citizens of the State of New York, and are the members of a co-partnership known and styled as Street & Smith. This firm is engaged in the business of publishing detective _ stories characterised by the general name of ‘ Nick Carter.’ Its publications are issued weekly and consist, exclusive of cover, of 32 pages, 11 by 8 inches in size. Of these pages, 26 are devoted to a detective story complete in itself ; 5 pages to space-filling items under the heading ‘ News of All Nations’; and 1 page to advertising other publications issued by the same firm. The cover is in colours and pre- sents in order the serial number, date, price, general title ‘ Nick Carter,’ the specific title of the detective story, as ‘The Red Button,’ contained in that issue, and an illustration characteristic of the story, or depicting some incident in it. Slight modifications of interior make-up have since been made, but this description applies to complainants’ exhibit, filed with their bill July 1, 1913. The func- tion of the weekly issue is the publication of the single detective story contained therein. A different story under a distinct title is pub- lished each week. These stories are complete in themselves. The only connection between them is that the detective character, Nick Carter, is the central figure in each. On April 19, 1910, complainants registered the name ‘ Nick Carter’ as a trade mark for ‘ a weekly publication devoted to fiction,’ alleging that it had been used in their business and that of their predecessors since March 30, 1885. “The appellant, Atlas Manufacturing Com- pany, is a Missouri corporation domiciled in the city of St. Louis. Its business includes the manufacture and sale of moving-picture films. Appellant Crawford is its president. In January or February, 1912, said Atlas Manufacturing Company employed certain persons, named, respectively, Wolcott and Hamilton, to write a scenario or memorandum of the series of events in a detective story, This story was then acted with appropriate stage setting and the performance photo- graphed in sequence. From _ these photo- graphs a film was prepared, and it is the pur- pose of appellants to sell, rent, or lease this film to such persons as may desire to display it in moving-picture theatres. As advertised‘ the story presents ‘Nick Carter, the Great 136 ' American Detective, Solving the $100,000 Jewel Mystery.’ It appropriates neither title, plot, nor situations of any story pub- lished by complainants: The name Nick Carter is used and a detective story portrayed. The name of the appellant corporation, a manufacturer, is displayed upon the screen. Complainants, claiming the ‘ exclusive right to make, sell, print, publish, and display to the public detective stories marked with the name and trade mark ‘ Nick Carter,’’ and called and known by the trade name “‘ Nick Carter,”’ ’ filed their bill of complaint July 1, 1912, to restrain defendants from using his name in any connection or form. A preliminary injunction was granted, and _ defendants appealed. Complainants have taken out no copyright upon any of their publications, therefore no rights arising under the copyright law are presented for determination. The property rights asserted are based (1) upon registered trade mark; (2) upon long-estab- lished trade name. ““(1) The trade mark registered is ‘ Nick Carter.’ The law authorising such registra- tion provides that the applicant shall specify ‘the class of merchandise and the particular description of goods comprised in such class to which the trade mark is appropriated, . . . a description of the trade mark itself,’ and ‘a statement of the mode in which same is applied ‘ and affixed to goods... .’ Act, February 20, 1905, 33 Statutes at Large, pt. 1, ce, 592, p. 724 (U. S. Comp. St. Supp., 1911, p- 1,459). In compliance with this requirement complainants particularly describe their so- called goods as ‘a weekly periodical devoted to fiction.’ To entitle this publication to protection under the trade mark granted it must conform to the description filed ; it must be a periodical. In Smith et al. v. Hitchcock, 226 U.S. 58,33 Sup. Ct. 6, 57 L. Ed.—,decided November 18, 1912, the Supreme Court held that the ‘Tip Top Weekly,’ issued by these same complainants, and practically identical in structure with the ‘ Nick Carter ’ publica- tion, is not a periodical, but a book. (2) Literary property in a book cannot be protected by trade mark, nor otherwise than by copyright. Black v. Ehrich (CC) 44 Fed. 798 ; Brown on Trade Marks, 116, 117. This is conceded by complainants’ counsel in brief and argument ; but it is claimed that whether the publication be regarded as a periodical or a book the trade mark protects it in its character as goods or merchandise. It is therefore well to determine the exact nature of the ‘ merchandise’ to which the THE AUTHOR. trade mark applies. This must be the publica- tion, as such, whether book or periodical. It is the form, not the contents. ‘ Nick Carter’ is not the name of the specific story, as, in this case, ‘The Red Button.’ None of the indi- vidual stories are covered by the mark. To publish a little booklet entitled ‘The Red Button,’ distinct in size, form and dress, not bearing the imprint ‘ Nick Carter,’ would not infringe this technical trade mark. Con- ceding to this registered mark its broadest application, it can at most protect only against something in the nature of a periodical publica- tion of the same class. ‘““No exercise of imagination, however fertile, can transform defendants’ film or its intermittent exhibitions into anything re- sembling a periodical publication. ‘**(3) Complainants’ chief reliance would seem to be upon the claim asserted in their bill that they have possessed for many years, and still possess, the exclusive right to make, sell, print, publish, and display to the publie detective stories called and known by the trade name ‘ Nick Carter.’ This is a direct appeal to the law affecting unfair competition in trade. Because they have long published detective stories associated with this name and character, they now assert the exclusive right to construct and make public in any manner whatsoever all detective stories involving the name and character of ‘ Nick Carter.’ It is the individual story as an article of mer- chandise, and not the form of publication for which protection is thus invoked. In the language of the brief, ‘ the sole question in this case for the court to decide is whether or not a moving-picture film is of the same class of goods as a printed book.’ The claim advanced is ingenious and decidedly comprehensive in its scope. ““(4, 5) We agree with counsel that ‘ the fact that appellees’ (complainants’) stories are not the highest class of literature does not bar complainants from relief by the courts.’ In other words, this fact does not take from the stories their essential character as litera- ture in the eyes of the law. They are subjects of copyright. And this leads us to inquire what complainants’ standing would be under the law of copyrights? The author of a literary work or composition has, by common law, the exclusive right of the first publication of it. He has no exclusive right to multiply or control the subsequent issues of copies by others. The right of an author or proprietor of a literary work to multiply copies of it to the exclusion_of others is the creature of  statute. This is the right secured by the copyright laws of the different governments. Palmer v. De Witt, 47 N. Y. 532, 7 Am. Rep. 480. “*(6) Neither author nor proprietor of a literary work has any property in its name. It is a term of description, which serves to identify the work; but any other person can, with impunity, adopt it and apply it to any other book, or to any trade commodity, provided he does not use it as a false token to induce the public to believe that the thing to which it is applied is the identical thing which it originally desig- nated. If literary property could be pro- tected under the theory that the name by which it is christened is equivalent to a trade mark, there would be no necessity for copyright laws.’ Black v. Ehrich (C. C.) 44 Fed. 793. (7-9) So the copyright of a book does not prevent others from taking the same title for another book, though the copyright has not expired ; and on the expiration of the copy- right of a novel any person may use the plot for a play, copy or publish it, or make any other use of it he sees fit. In such case, where one writes and copyrights a play based on a novel, and bearing the same title as the novel, he cannot prevent another from giving the same name to an entirely different play which has been constructed from that novel. Glaser v. St. Elmo Co. (C. C.) 175 Fed. 276. The right to use a copyrighted name upon the expiration of the copyright becomes public property, subject to the limitation that the right be so exercised as not to deceive members of the public and lead them to believe that they are buying the particular thing which was produced under the copyright. G. & C. Merriam Co. v. Ogilvie (C. C. A.) 159 Fed. 688, 88 C. C. A. 596, 16 L. R. A. (N. S.) 549, 14 Ann. Cas. 796. (10) Original section 4,952, R. S. U. S., provided that ‘authors may reserve the right to dramatise or to translate their own works.” Unless this reservation was made the public was free to make such use of them. By Act of March 8, 1891, c. 565, 26 Stat. 1,107 (U. S. Comp. St. 1901, p. 3,406), it was pro- vided that * authors or their assigns shall have exclusive right to dramatise and_ translate any of their works for which copyright shall have been obtained under the laws of the United States.’ This made such exclusive right an integral part of the copyright itself. Under this section, so amended, the Supreme Court has held that an exhibition of a series THE AUTHOR. 137 of photographs of persons and things, arranged on films as moving pictures and so depicting the principal scenes of an author’s work as to tell the story, is a dramatisation of such work, and the person producing the films and offering them for sale for exhibitions, even if not himself exhibiting them, infringes the copyright of the author. Kalem Co. v. Harper Bros., 222 U.S. 55, 32 Sup. Ct. 20, 56 L. Ed. 92, Ann. Cas. 193 A, 1,285. Never- theless, it is held that the owner of the copy- right of a novel is not entitled to protection against the use of that name in connection with a dramatic composition which does not present any scenes, plot or dialogue imitated or adapted from the novel; it being the name in connection with the novel, and not the name alone, which the copyright protects. Harper et al. v. Ranous (C. C.) 67 Fed. 904. If the copyright has expired, or none has been taken out, neither the rights and privileges conferred, nor the limitations and obligations imposed by that law are present, because, apart from the statute, none exist. “Complainants do not rely upon copy- right. The name ‘ Nick Carter’ is not the title of any story, nor the name of author or publisher. But complainants insist that we shall consider their books, not from the liter- ary standpoint, but as merchandise, and cite numerous Cases recognising that the principles of trade mark law, and the law forbidding unfair competition in business, may, under certain conditions, apply to books, magazines, periodicals and newspapers. That they may and do apply to magazines, periodicals and newspapers, as such, we have already seen; to books the application is more limited. The cases cited reveal that protection is accorded in con- nection with specific kinds of books, such as bibles, dictionaries, and works of a like nature, where the name has so long been used to desig- nate the production as to have become identified with such particular publications as denoting their origin, and where the use of such name by another publisher, having no connection with the place or name, can have no purpose except to deceive purchasers. Chancellor, etc., of Oxford University v. Wilmore-Andrews Pub. Co. (C. C.) 101 Fed. 443; Merriam Co. v. Straus et al. (C. C.) 186 Fed. 477; Ogilvie v. Merriam Co. (C. C.) 149 Fed. 858 ; Merriam v. Holloway Pub. Co. (C. C.) 48 Fed. 450; Merriam et al. v. Tewvas Siftings Pub. Co. (C. C.) 49 Fed. 933; Merriam v. Famous Shoe and Clothing Co. (C. C.) 47 Fed. 811. In instances where the same method of selection, illustration and style of binding, as 138 THE AUTHOR. well as name on the cover, have been taken, the form of publication is the feature of critical importance. _ Estes et al. v. Williams et al. (C. C.) 21 Fed. 189 5 Estes et al. v. Leslie et al. (C. C.) Fed. 22; Estes et al. v. Worthington (C. C.) 81 Fed. 154. In all cases the courts have been careful to limit the doctrine announced to the special circumstances, and have coupled it with a re-statement of well- known principles. Thus, In Merriam Vv. Straus et al., supra, J udge Wallace said : ‘““¢ It is proper, however, to say that the pill is in part an attempt to protect the literary property in the dictionaries, which became publict juris upon the expiration of the copyrights. This attempt must prove futile.’ : “In Ogilvie v. Merriam Co. (C. C.) 149 Fed! 858, it is pointed out that this public right cannot be taken away or abridged on any theory of trade mark or unfair competi- tion, which is only another way of seeking to perpetuate the monopoly secured by the copyright. Similar views are expressed in Merriam v. Texas Siftings Pub. Co. (C. C.) 49 Fed. 944, and Merriam v. Famous Shoe and Clothing Co. (C. C.) 47 Fed. 411. In G. & C. Merriam v. Ogilvie (C. C. A.) 159 Fed. 638, 88 C. C. A. 596, 16 L. R. A. (N. 8.) 549, 14 Ann. Cas. 796, the Court of Appeals for the First Circuit used language still more explicit:— ““*Phe name ‘‘ Webster” having been copyrighted by the Merriams, they were protected in its use under a statutory right during an express term of years. The pro- tection, therefore, in that respect, came by virtue of the copyright, rather than by virtue of its use in publication and trade. The statutory monopoly having expired under statutory limitation, the word ‘‘ Web- ster’ used in connection with a dictionary became public property, and any relief granted upon the idea of title or proprietor- ship in the trade name of “* Webster ” would necessarily involve an unwarrantable con- tinuance of the statutory monopoly secured by the copyright.’ ‘The important principle involved is, per- haps, most pointedly stated by Mr. Justice Miller in Merriam et al. v. Holloway Pub. Co., supra. He says :— “* JT want to say, however, with reference to the main issue in the case, that it occurs to me that this proceeding is an attempt to establish the doctrine that a party who has had the copyright of a book until it has expired may continue that monopoly indefi- nitely, under the pretense that it is pro- tected by a trade mark, or something of that sort. I do not believe in any such doctrine, nor do my associates. When a man takes out copyright for any of his writings or works, he impliedly agrees that at the expiration of that copyright such writings or works shall go to the public and become public property. I may be the first to announce that doctrine, but I announce it without any hesitation. If a man is entitled to an extension of his copyright, he may obtain it by the mode pointed out by the law. The law provides a method of monopoly of the sale of his writings for a definite period, but the grant of a monopoly implies that after the monopoly has expired the public shall be entitled ever afterward to the unrestricted use of the book. ... I will say this, however, that the contention that complainants have any special pro- perty in ‘‘ Webster’s Dictionary” is all nonsense, since the copyright has expired. What do they mean by the expression ‘“‘ their book,” when they speak of Webster’s Dictionary ? It may be their book if they have bought it, as a copy of Webster's Dictionary is my book if I have bought it. But in no other sense than that last indicted can the complainants say of Webster’s Dictionary that it is their book.’ “* In the Chatterbox Cases (Estes v. Williams, supra, Estes v. Leslie, supra, and Estes v. Worthington, supra), emphasis is laid chiefly upon similarity of form. In Estes et al. v. Williams, et al., supra, it was said :-— ““<«There is no question but that the defendants have the right to reprint the compositions and illustrations contained in these books, including the title of the several pieces and pictures. That does not settle the question as to the right claimed here. There is work in these publi- cations aside from the ideas and concep- tions. Johnston was not the writer of the articles nor the designer of the pictures composing the book, but he brought them out in this form. The name indicates this work. The defendants, by putting this name to their work in bringing out the same style of book, indicate that their work is his. This renders his book less remunera- tive, and while continued is a continuing injury which it is the peculiar province of a court of equity to prevent.’ ““In Kalem Co. v. Harper Bros., 222 U. S. 55, 82 Sup. Ct. 20, 56 L. Ed. 92, Ann. Cas. 1913 A, 1285, it was suggested by counsel that to extend the copyright of a case or reproduc-  r . THE AUTHOR. 139 ing scenes from Ben Hur by means of moving pictures was to extend it to the ideas as distinguished from the words in which those ideas are clothed. Mr. Justice Holmes said :— ““* But there is no attempt to make a monopoly of the ideas expressed. The law confines itself to a particular, cognate, and well-known form of production.’ ““(11, 12) It may be conceded: That the law relating to unfair trade has a three- fold object: First, to protect the honest trader in the business which fairly belongs to him ; second, to punish the dishonest trader, who is taking his competitor’s business away by unfair means ; third, to protect the public from deception. Gulden v. Chance (C. C. A.) 182 Fed. 303, 105 C. C. A. 16. That to sus- tain a charge of infringement the owner of a trade mark must have used it on the same class, but not necessarily on the same species, of goods as the alleged infringer. Layton Pure Food Co. v. Church & Dwight Co. (C. C. A.) 182 Fed. 35, 104 C. C. A. 475, 82 L. R. A. (N. S.) 274. Of course, defendants’ film bears no resemblance to complainants’ books. No one would buy the one in the belief that he was getting the other. It is the display that constitutes the infringement, if there is one; and in such case the producer of the film is responsible equally with the exhibitor. Kalem Co. v. Harper Bros., supra. We do not think a moving-picture show is of the same class as a written book. One belongs to the field of literature; the other to the domain of theatricals. Originally there was no legal connection between the written novel and a dramatisation based upon its characters and incidents. The connection was made by statute in derogation of the common law. In the absence of copyright, the situation is as if no such connection had ever been made. We are unwilling, indirectly, to extend to writings a protection beyond that conferred by statute. Congress created a specific form of monopoly for literary property in this country, and made it subject to express limita- tions. It is for Congress to say whether these limitations should be relaxed. ““(13) Neither trade-mark nor trade-name can afford protection to, detective stories, as such, whether published ‘or still unborn, and much less where neither title nor composition is pirated, and but a single common character is used. The suggestion involves an attempt to make a monopoly of ideas, instead of confining the application of the law to ‘a particular cognate and well-known form of production.’ **(14) Moving pictures and dramatisations are cognate forms of production. When copyright was extended to the latter, it neces- sarily included the former ; but in the absence of copyright no such relation exists between either of these forms and the written book. It is not thought that the public will be deceived into belief that it is seeing a produc- tion of one of complainants’ stories when it witnesses that displayed from defendants’ film. But, if so, it is no more deceived than when it reads a book of the same name as one thereto- fore published, but unprotected. It may be that the defendants are profiting by the use of a name made distinctive by complainants, but this is true of one who sells a brand of cigars named after a famous book or a famous personage. In the absence of some positive legal right in complainants, these are con- ditions for which equity cannot undertake to create a remedy. The decree below must therefore be reversed and the case remanded, with directions that the preliminary injunc- tion be dissolved and the bill dismissed for want of equity. Mast, Foos & Co. v. Stover Manufacturing Co., 177 U. S. 485, 20 Sup. Ct. 708, 44 L. Ed. 856; Castner v. Coffman, 178 U.S. 168, 20 Sup. Ct. 842, 44 L. Ed. 1021. ‘It is so ordered. ** Hook, Circuit Judge (dissenting). My objection to the above conclusion can be expressed in a sentence: The defendants are engaged in appropriating the fruits of com- plainants’ current endeavours, and are deceiv- ing the public.” ———___ +»—~<__-—____—__ MAGAZINE CONTENTS. 8 BritisH. The Writing of Irish History. By Padriac Column. The Silence of Journalists. By G. K. Chesterton. Language and National Unity. Francis W. Grey. Dramatists of To-Day: Synge; St. John Hankin. By Edward Storer. CoNTEMPORARY. The “New Way” of Playing Shakespeare. Scott James. Literary Supplement : By R. A. Traditional Christmas Carols. EncuisH REVIEW. Yeats, Lady Gregory and Synge. By George Moore. Dialect Words. By Logan Pearsall Smith. The Bi-Centenary of Laurence Sterne. Gosse. The Piano-Player and the Music of the Futuro. By E. Newman. Stanley Houghton: An Appreciation. Ellis. M. Anatole France Comes to London. By Edmund By Anthony L. By 8. 0. THE AUTHOR. HOW TO USE THE SOCIETY. — VERY member has a right toask for and to receive 4, advice upon his agreements, his choice of a pub- lisher, or any dispute arising in the conduct of his business or the administration of his property. The Secretary of the Society is a solicitor; but if there is any special reason the Secretary will refer the case to the Solicitors of the Society. Further, the Committee, if they deem it desirable, will obtain counsel’s opinion without any cost to the member. Moreover, where counsel's opinion is favourable, and the sanction of the Committee is obtained, action will be taken on behalf of the aggrieved member, and all costs borne by the Society. 2, Remember that questions connected with copyright and publishers’ agreements do not fall within the experi- ence of ordinary solicitors. Therefore, do not seruple to use the Society. 3. Before signing any agreement whatever, send the document to the Society for examination. 4, Remember always that in belonging to the Society you are fighting the battles of other writers, even if you are reaping no direct benefit to yourself, and that you are advancing the best interests of your calling in promoting &1e independence of the writer, the dramatist, the composer. 5. The Committee have arranged for the reception of members’ agreements and their preservation in a_fire- proof safe. The agreements will, of course, be regarded as confidential documents to be read only by the Secretary, who will keep the key of the safe. The Society now offers; (1) To stamp agreements in readiness for a possible action upon them. (2) To keep agreements. (3) To enforce payments due according to agreements. Fuller particu- jars of the Society’s work can be obtained in the Prospectus. 6. No contract should be entered into with a literary agent without the advice of the Secretary of the Society. Members are strongly advised not to accept without careful consideration the contracts with publishers submitted to them by literary agents, and are recommended to submit them for interpretation and explanation to the Secretary of the Society. This The 7, Many agents neglect to stamp agreements. must be done within fourteen days of first execution. Secretary will undertake it on behalf of members, 8. Some agents endeavour to prevent authors from referring matters to the Secretary of the Society; so do some publishers. Members can make their own deductions and act accordingly. 9. The subscription to the Society is £1 1s. per annum, or £10 10s. for life membership. ee WARNINGS TO THE PRODUCERS OF BOOKS. a “ERE are a few standing rules to be observed in an agreement. There are four methods of dealing with literary property:— I. Selling it Outright. This is sometimes satisfactory, if a proper price can be e obtained, But the transaction should be managed by a competent agent, or with the advice of the Secretary of the Society. Il. A Profit-Sharing Agreement (a bad form of agreement), In this case the following rules should be attended to: (1.) Not to sign any agreement in which the cost of pro- duction forms a part without the strictest investigation. (2.) Not to give the publisher the power of putting the profits into his own pocket by charging for advertisements in his own organs, or by charging exchange advertise- ments. Therefore keep control of the advertisements. (3.) Not to allow a special charge for ‘“‘ office expenses,” unless the same allowance is made to the author. (4.) Not to give up American, Colonial, or Continental rights. (5.) Not to give up serial or translation rights. (6.) Not to bind yourself for future work to any publisher. As well bind yourself for the future to any one solicitor or doctor ! III. The Royalty System. This is perhaps, with certain limitations, the best form of agreement. It is above all things necessary to know what the proposed royalty means to both sides. It is now possible for an author to ascertain approximately the truth. From time to time very important figures connected with royalties are published in Zhe Author. IY. A Commission Agreement. The main points are :— (1.) Be careful to obtain a fair cost of production. (2.) Keep control of the advertisements. (3.) Keep control of the sale price of the book. General. All other forms of agreement are combinations of the four above mentioned. Such combinations are generally disastrous to the author, Never sign any agreement without competent advice from the Secretary of the Society. Stamp all agreements with the Inland Revenue stamp. Avoid agreements by letter if possible. The main points which the Society has always demanded from the outset are :— (1.) That both sides shall know what an agreement means. (2.) The inspection of those account books which belong to the author. We are advised that this is a right, in the nature of a common law right, which cannot be denied or withheld. (3.) Always avoid a transfer of copyright. So —_—_—— WARNINGS TO DRAMATIC AUTHORS. ———+ — EVER sign an agreement without submitting it to the Secretary of the Society of Authors or some com- petent legal authority. 2. It is well to be extremely careful in negotiating for the production of a play with any one except an established manager. 3. There are three forms of dramatic contract for plays in three or more acts :— (a.) Sale outright of the performing right. This is unsatisfactory. An author who enters inte such a contract should stipulate in the contract for production of the piece by a certain date and for proper publication of his name on the: play-bills, THE AUTHOR. (b.) 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 inadvance of percentages. A fixed date on or before which the play should be performed. : (¢.) Sale of performing right or of a licence to perform on the basis of royalties (i.c., fixed nightly fees). This method should be always avoided except in cases where the fees are likely to be small or difficult to collect. The other safeguards set out under heading (0.) apply also in this case. 4, Plays in one act are often sold outright, but it is better to obtain a small nightly fee if possible, and a sum paid in advance of such fees in any event. It is extremely important that the amateur rights‘of one-act plays should be reserved. 5. Authors should remember that performing rights can be limited, and are usually limited, by town, country, and time. This is most important. 6. Authors should not assign performing rights, but should grant a licence to perform. The legal distinction is of great importance, 7. Authors should remember that performing rights in a play are distinct from literary copyright. A manager holding the performing right or licence to perform cannot print the book of the words. 8. Never forget that United States rights may be exceed- ingly valuable. ‘They should never be included in English agreements without the author obtaining a substantial consideration. 9. Agreements for collaboration should be carefully drawn and executed before collaboration is commenced. 10. An author should remember that production of a play 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. ———_+—~>—_ ——_____ REGISTRATION OF SCENARIOS AND ORIGINAL PLAYS. os ne typewritten 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 theauthor and the other filed in the register of the Society. Copies of the scenario thus filed may be obtained at any time by the author only at a small charge to cover cost of typing. Original Plays may also be filed subject to the same rules, with the exception that a play will be charged for at the price of 2s. 6d. per act. 141 DRAMATIC AUTHORS AND AGENTS. RAMATIC authors should seek the advice of the Society before putting plays into the hands 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 countries, almost all dramatic authors employ agents; and in these ways the services of agents are real and valuable. But the Society warns authors against agents who profess to have influence with managers in the placing of plays, or who propose to act as principals by offering to purchase the author's rights. In any case, in the present state of the law, an agent should not be employed under any circumstances without an agreement approved of by the Society. ———_—_+—@—+ —__ WARNINGS 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. —— 4 gg 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. Se EMBERS will greatly assist the Society in this VI 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, —_o1—>—_ REMITTANCES. The Secretary of the Society begs to give notice that all remittances are acknowledged by return of post. All remittances should be crossed Union of London and Smiths Bank, Chancery Lane, or be sent by registered letter only,  COLLECTION BUREAU. —$— > —— HE Society undertakes to collect accounts and money j due to authors, composers and dramatists. : 1. Under contracts for the publication of their works. 9. Under contracts for the performance of their works and amateur fees. 3. Under the Compulsory Licence Clauses of the Copy- right Act, i.e., Clause 3, governing compulsory licences for books, and Clause 19, referring to mechanical instrument records. The Bureau is divided into three departments :-— 1. Literary. 2. Dramatic. 3. Musical. The Society does not desire to make a profit from the collection of fees, but will charge a commission to cover expenses. If, owing to the amount passing through the office, the expenses are more than covered, the Committee of Management will discuss the possibility of reducing the commission. For full particulars of the terms of collection, application must be made to the Collection Bureau of the Society. AGENTS. Holland . ; ; . A. REYDING. United Statesand Canada. WALTER C. JORDAN. Germany . Mrs Pogson. The Bureau is in no sense a literary or dramatic agency for the placing of books or plays. ————————__+—_>—_+—__—_ GENERAL NOTES. + 4 UNITED STATES COPYRIGHT. WE print in another part of this issue a very interesting case dealing with infringement of a title. The judgment on the point before the Court is not of much importance, as it was a question of trade mark under the American law. But the “ obiter dicta”’ of the judge with regard to the difference between rights created by statute and rights under the common law are worthy of careful consideration. It is, of course, difficult to say what view an English judge would take of these points. It is doubtful whether he would confirm the sayings of his American brother. CANADIAN COPYRIGHT. TuE present unsatisfactory position of an author as regards copyright in Canada has been brought to the notice of the Committee of Management on one or two occasions recently. The Imperial Act of 1842 still runs in the Dominion. This Act, as everyone knows, has been repealed as far as Great Britain is concerned. In consequence, certain difficulties arise. THE AUTHOR. The first deals with dramatic” production. Under the Act of 1842 a copyright performance was essential. This performance, as the Act of 1842 still runs, is still essential in Canada, if the copyright is to be acquired there. Dramatists, therefore, who set store by their Canadian and American rights must be very careful to see that they are properly protected, otherwise it might chance that either the Canadian or United States rights have been lost. The second point arises with regard to book publication. If the work is published in England copyright is still obtained in Canada under the Act of 1842. If the English author places his Canadian market in the hands of the English publisher, although the Customs Authorities in Canada refuse to prevent the importation of foreign reprints, yet it is possible for the author to bring an action against the sellers of the foreign reprints should he care to do so, and thus preserve his market; but, if the author is unfortunate enough as to grant the book rights for the United States and Canada to the United States publisher, then, although the United States publisher has the right of selling the work in Canada, he cannot stop the importation and sale of books lawfully printed under the English Copyright Act. In other words, supposing the English publisher without knowledge sells thousands of copies to a middleman, and the middleman chooses to import and sell them in Canada, the United States publisher has no remedy. These points for the time being are rather serious, and it is necessary to warn members of the Society to be exceedingly careful how they deal with their Canadian rights. It is hoped that at no distant date they will be set right by the introduction of an equitable Canadian law. CopyriGHt AND Fitm RIGHTS. TuE Daily News in one of its issues pub- lished an interview with a well-known authoress upon the question of copyright and film rights. In case this article may have come to the view of any members of the Society, and has led them to make false deductions, it may be of interest to members to know the exact position as far as it is possible to diagnose it under the new law. The lady who was interviewed stated that the copyright acquired by a publisher exists only in the book as it stands. No publisher, she says, has ever claimed the right to alter or adapt novels for either cinematograph or  THE AUTHOR. dramatic performances. It is quite clear that this statement has been made without any study of the present law. If any unfortunate author reading the article assigns his copyright to a publisher on the idea that he is not assign- ing his dramatic and cinematograph rights, he may wake up suddenly one day and find him- self in a very difficult position. Under the first schedule of the Act of 1911, if a person before the passing of the Act has acquired the copyright: (in the case of works other than dramatic or musical works) he acquires under the new Act, as a substituted right, copyright as defined by the Act. Now copyright as defined by the Act covers dramatic and cine- matograph rights. Accordingly, to take a concrete ease, if A., before the Act, has assigned his copyright in a story or a novel to a pub- lisher, the publisher, after the passing of the Act, will hold both the dramatic and cine- matograph rights. But the publisher will hold these rights subject to the special provisions of clause 24 as to duration, ete. It is quite clear also that if, after the passing of the Act, A. has assigned his copyright in a story or a novel, such assignment will cover the dramatic and cinematograph rights. It is a serious matter, therefore, that the statement printed in the Daily News should be allowed to pass unchallenged, as it may lead unfortunate authors into signing away their rights in total ignorance of what those rights cover. Dramatic MIpDDLE-MEN. THE attention of the Dramatic Sub-Com- mittee has been called by one of its members to a form of speculation that is taking place in the dramatic world, and the sub-committee desires members of the Society to be warned. Certain persons have been approaching authors with a view to buying up certain portions of their dramatic rights. They have no prospect whatever of producing the dramatic rights themselves, but desire to gamble in these rights by selling them to. other people. Members of the Society, therefore, should make it an essential point of any sale or licence they may make, that production shall be ensured within a certain fixed time, and that the production shall be made by the people to whom the rights are being sold. Otherwise the dramatist may find himself in a*very serious position. Not only that, he may find he is obtaining a considerably . smaller amount in royalty than he would 143 be entitled to if he had placed his own wares, owing to the fact that two or three middle- men are intervening between himself and the producing manager. AGENTS AND THE Four-Boox CLAUSE. THE question that is now so frequently before authors not only of fiction, but of other literary works, is the demand made by publishers to have the control of one, two, three and in some cases, even as many as six more books from the author’s pen. We have pointed out that the publishers’ argument for making this demand is that by special advertisement they can push an author’s books more satisfactorily. We have generally found that where an author is tied in this way by his contract, he does not get any special advantage, indeed, the publisher knowing that he is entitled to receive future works, generally pushes the authors to whom he is not so bound. The author’s argument in answer to this is :— 1. If you push my book by special advertise- ment without my binding myself, I shall be willing to put my second, my third, and even my fourth book in your hands. 2. If I do bind myself, will you undertake in the contract to insert a special clause by which you will carry out your suggestion to give it special advertisement. The publishers’ answer to this is always in the negative. It is not, however, the danger with the publisher that is so serious, but it is the danger with the agent who makes the clause for the author. In a clause of this kind the agent’s and the author’s interests are not incommon, and it is essential if the agent should do his best for the author that their interests should be in common. It is to the advantage of the agent to bind the author to a publisher for a series of books in one agreement, for he knows that, however dissatisfied the author may be with the agreement, and with his methods of doing business, so far as that contract is concerned, he is entitled to his commission on the following books, and that the author cannot take the matter out of his hands. The question has become so serious that it is necessary to warn authors once again of the danger of such a clause, not only as between themselves and the publisher, but as between themselves and the agent.  144 PUBLISHERS AND LENDING LIBRARIES. Ir appears that certain publishers have started a lending library of their own. We do not refer to publishers of books. There are subscribers to this lending library who pay so much per annum, and they are entitled for this subscription to receive certain orchestral parts and certain other musical pieces. The publishers reap the benefit from the annual subscriptions but the composer, unless he is aware of the position, does not make any arrangement in his contract by which he should be entitled to a share of the profits of the library and in consequence may possibly lose a circu- lation which he otherwise would have obtained. When composers have learned the art of insisting on reasonable agreements in addition to the art of writing music, they will cover a point of this kind and claim a certain fee each time their music may be lent. It would be as easy for them to check such a transaction as it would be if they received a royalty on every copy sold. A Minister oF FINE Arts. AutL those who believe—in spite of the Chancellor of the Exchequer’s statement in the House of Commons some time ago that such a thing was “‘ not practical ’’—that the foundation of a Ministry of Fine Arts in this country is not only possible, but eminently desirable, will rejoice to hear, on the authority of Mr. Wynford Dewhurst in the Journal of the Imperial Arts League for January, that the investigations of the large and influential com- mittee of professional men working to formu- late a scheme for presentation to Parliament, are most encouraging to the hope that public opinion will be able to force the establishment of such a Ministry in the near future. To Mr. Dewhurst, indeed, it is manifest that it “ might have been successfully inaugurated twenty years ago,” had public opinion been the only body to be consulted. Elsewhere—in his book entitled “Wanted: A Ministry of Fine Arts ’’—the same writer has shown with the aid of the French Government Yellow Book issued by the Ministére des Beaux Arts, that, so far from being an expensive institution, a Ministry of this kind is a direct means of retrenchment of expenses, our present method of encouraging Art being most wasteful and unproductive. The report of the Committee mentioned above is expected very shortly. THE AUTHOR. THE NEW YEAR’S HONOURS. ——S ITERATURE has not been prominent in + the recent list of New Year’s Honours. It included, however, the names of two well-known members of the Society of Authors, Mr. James Bryce and Mr. Owen Seaman, the former becoming a viscount and the latter receiving knighthood. Of all the awards so made norie has been better deserved than these, and the hearty congratulations of their fellow-members will be added to those of their private friends and of the general public. The Right Honourable James Bryce, or The Viscount Bryce of Dechmount in-the county of Lanark, as he now becomes, enters the House of Lords as the natural and customary reward of political and diplomatic service to his King, rather than in recognition of the literary ability and encyclopedic learning which have added distinction to his career. He is, however, one of the now, alas! dwindling band who enrolled themselves as_ original members of the Society when it was founded in 1884. To him public honours are no new thing, and if his peerage is political and recalls . the fact that he was recently British Am- bassador at Washington, and that so long ago as 1892 he first had a seat in the Cabinet, he is not only a Privy Councillor, but also a Fellow of the Royal Society, and, moreover, can append to his name initials representing degrees conferred by about a dozen universities at home and abroad. He has also received the high honour, and one independent of politics, of the Order of Merit, as well as the Prussian order Pour le Merite. Politics have, however, no doubt claimed his chief attention since the year of Liberal triumph at the polls which gave its name to the Eighty Club, and the fact that he once practised at the Bar, and was for twelve years Regius Professor of Civil Law at Oxford, may fairly have been forgotten by many who recognise him better as Under Secretary for Foreign Affairs, as Chancellor of the Duchy of Lancaster, or as President of the Board of Trade. Here we will remember rather that the publications from his pen commenced in 1859 with a work on the Flora of Arran, followed in 1862 by “The Holy Roman Empire,” and by others covering a wide range in politics, law, juris- prudence, history and other subjects, down to a recent date. We will also record our esteem for one who, being an original member of our Society and of its council, in more recent years has assisted its efforts in the  THE AUTHOR. cause of copyright in America, and in other ways, when the occasion has. offered itself, has rendered to it, and through it to his fellow-members, practical service and valued help. Thirty years after Mr. James Bryce was called to the Bar at Lincoln’s Inn Mr. Owen Seaman took the same step at the Inner Temple. This was in 1897, after he had been a master at Rossall School and a prof-ssor at Newcastle-on-Tyne, and when fourteen years had elapsed since he took a first class in the Classical Tripos and captained his college boat club at Clare. His distinguished talent for light verse had, however, already attracted attention. The World and the National Observer had frequently published his work, and the editor of Punch had for some little time recognised the talents of his future successor, who was to become Sir Owen Seaman, as he became Sir Francis Burnand. Journalism, therefore, claimed him from the law before it had taken a close hold of him, or a judge now on the bench not unknown for his talent as a versifier and a humourist might have had a very dangerous rival. Mr. or Sir Owen Seaman, as we must now call him, is recorded to have joined the staff of Punch in 1897, to have become its assistant editor in 1902, and editor in 1906. It is hardly necessary now to recount the volumes in which have been collected his polished verses upon every kind of topic, and the gay travesties of the more serious poems of others which earned for their author, in a newspaper paragraph recording his knighthood, the description of ““the best living exponent of the art of parody, succeeding to the laurels of Calverley and H. D. Traill.’”” We may add to this that the high classical degree mentioned above may well be recalled by those who appreciate the scholarly spirit and refined polish of Sir Owen Seaman’s verses, and that other qualities both in his verse and in his work as editor suggest in like manner the mens sana in the sound frame of one whose athletic distinc- tions were not confined to the waters of the Cam, ryAs a member of the Society of Authors, the editor of perhaps the most widely known English periodical occupies a seat upon its council and finds time to serve upon its Pension Fund Committee. 145 COMPOSERS’ ROYALTIES AND THE COPYRIGHT PROTECTION SOCIETY. =< HE question of the collection of royalties T' due under the clauses of the new Copy- right Act is a matter of great importance, and musical composers, in particular, should be very careful how they deal with their rights. They should, if possible, keep full control; but in any event they should not allow those agents who collect on their behalf to make charges which are not clearly defined when the contract is made. There seem to be three very important points in the rules of the Copy- right Protection Society, the body supported by music publishers, to which it is necessary to call attention. First, the expenses of the society of and incident to the collection of royalties, and the carrying out and administration of the business operations of the society, without any appor- tionment of such expenses in respect of or amongst the works of its members individually, are to be deducted from the aggregate fund collected. Secondly, of the balance remaining after this indefinite sum has been deducted, 30 per cent., is to go to the publisher. Thirdly, although the member may with- draw from the society by giving a certain notice, still, inthe event of his withdrawal or death, all the rights that he shall have conveyed shall continue to be vested in and exercisable by the company. It is proposed to discuss these points entirely from the composer’s standpoint. The com- mittee of this Copyright Protection Society is composed of three composers, three authors and six publishers, and in addition a chair- man who shall be a composer. Authors in this connection have very little claim in comparison with composers and publishers who have pur- chased copyrights. It is right that the original creators, the composers, even though they may be so foolish as to transfer their copyright to the publishers, should have control of any company started for the collection of their royalties. It is reasonable that publishers and composers should both be represented—though the former in a lesser degree—because both are holders of copyright. But it is an astonishing thing to see composers sitting on the board of a company whose regulations proclaim clearly that com- posers are expected to surrender the greater part of their royalties without having control of the expenditure which is to be deducted,  146 and, after that, to surrender a great part of the residue to the publishers who ought to have no claim whatever upon them. Dealing with the first point, it should be stated that there are societies which collect royalties for composers, deducting a definite per- centage. From a business point of view this is no doubt the best method. These societies do not ask the compdsers to give away any portion of their royalties to other people. If a composer likes to give away a certain portion of his royalty to other people, that is quite a different thing, but that he should be bound to do so, seems an astonishing line for members of the musical profession to advocate. The composers are bound under the rules of the Copyright Protection Society by a clause in which the committee of that society demand the transfer to the society for the entire period of membership of the rights of repro- duction by mechanical instruments of all works which are or may be published by a member. This is apparently contradictory to article 5 already quoted, which states that such rights shall continue to be vested and exercisable by the company in the event of a member’s withdrawal or death. But it would appear that if a member has once vested his rights in the company he cannot withdraw them. There are other rules, by which the member is bound to notify the society of all works, which he writes—rules which compel him to a sterner slavery, rather than admit him to a _ freedom. When he has vested all is rights in the company, the committee are allowed to conduct and defend such legal proceedings as may be sanctioned by them. Now this is a very serious matter when it is considered that the general body of members have no control over the expen- diture. The committee can take or omit to take any action they like. They can take action where a member strongly objects to any action being taken; they may omit to take action where a member may strongly desire action to be taken. The unfortunate composer whose property is being dealt with, has no power of control one way or the other. The only limit to these expenses appears to be the total amount of royalties collected. It is possible, of course, under these Rules, that the members of the committee may be replaced, but the members of the first committee cannot be replaced until the general meeting in 1915, so that there is some time to run before the members can take any action whatever. And whatever they do, the general body cannot be freed from the tyranny of the rules. THE AUTHOR. The second point refers to the division of the royalties with the publisher. Various reasons have been given for this division. The music publisher has claimed that by publishing the composer’s music, he makes the gramophone rights valuable. This may or may not be the case, but it is a matter for the composer to decide whether or not to give the publisher any of his rights. The point must not be settled arbitrarily by the company. As another reason, it has been stated that the production of pieces on mechanical instru- ments has reduced the sale of sheet music enor- mously. This may indeed be the case; and, in fact, it is possible that at no distant date the production by mechanical instruments will act as an advertisement for the sheet music rather than the sheet music for the production on the mechanical instruments. When the taxi-cab drove the unfortunate hansom off the streets, the driver of the hansom, however much he may be regretted, was allowed to die a natural death, and was not awarded a liberal pension by those who had _ patronised_ his vehicle. If the production of mechanical in- struments has reduced the sale of sheet music, this is no reason why the composer should be bound to pay part of his royalties as a pension to the publisher. The publisher must either readjust his business or suffer. The final point has already been mentioned when dealing with the first one, namely, that the composer, when he has once become a member of this society, and has yielded over his rights to the society, can never withdraw those rights again or obtain control of his own property. It is possible that there may be some explanation of the two contradictory clauses referred to, other than the one put for- ward, but this does not seem probable. No doubt, after a member has retired, future com- positions can be dealt with by other firms. It would seem, therefore, the best advice to give to composers is that they should with- draw from any society that collects their royalties on an indefinite charge, and that gives 80 per cent. of the royalties when collected to the publisher, and should join some society where, at any rate, they know that the deductions are limited to a certain ercentage. The Mechanical Copyrights icensing Company collects for composers on a 25 per cent. basis, subject to certain condi- tions; the Authors’ Society collects at 15 per cent. without any conditions at all except the payment of an annual subscription of one guinea, for which very full value is given in organising and defending the whole body of THE AUTHOR. composers’ interests, including those which are opposed to those of publishers. But even those composers who have an objection to the organisation of their own profession might at least employ a solicitor. A solicitor who gave 80 per cent. of his client’s royalties to a pub- lisher would get into serious trouble. Sensible composers, by joining the Society of Authors, get the services of a solicitor and a skilled and disinterested agent at one stroke. ——_—_+-—<—_ 2 —_____—__ AUTHOR’S CORRECTIONS. —— + S the question of the charges for correc- A tions is constantly recurring, and as the matter is of considerable importance to all authors, the difficulties connected with this subject must once again be put before the members of the Society. In the first instance sundry clauses collected from different publishers’ agreements bearing on the question of corrections are printed below for consideration. Clauses on the lines of the following appear in nearly every agreement ; they are taken at random as examples. 1. ‘The said author to correct proof sheets with all reasonable despatch, and if any alterations or additions to proofs are made beyond the usual corrections of printer’s errors he is to pay for such extra work.” 2. “The cost of correction of other than the printer’s errors in the proofs of the said work exceeding 10s. per sheet of thirty-two pages is to be borne by the said author, and the amount thereof shall be payable to the publishers by the said author within one month after the publication of the book.” 3. ‘‘ All alterations in proof sheets made by the author while the book is passing through the press, the cost of which shall exceed 16s. per sheet of sixteen pages, shall be at the expense of the author.” 4. ‘That the author shall not be liable for expenses of author’s proof corrections (exclusive of the correction of printer’s errors) up to the amount of £5, equivalent to 100 hours of work, but that should such charges exceed this amount, the author shall be debited with the excess.” The first two are exceedingly dangerous to the author. In the first clause the author is bound to pay for all extra work. This is unfair, for, as will be pointed out later, some printer’s errors must under the most favourable circumstances be included in author’s corrections. In the second clause the author is allowed 10s. per sheet of thirty- two pages (this is a low allowance) and is bound to pay the amount within a month from the publication of the book. This is not customary; in a fair contract the amount (if any) is deducted from the returns. In the third ‘clause the amount the author has to pay is 147 anything in excess of 16s. per sheet of sixteen pages. This clause would be a favourable one for the author if printer’s errors had not been included. In the fourth clause he is bound to pay anything over £5, which is equivalent to one hundred hours’ work; this may be a low allowance. The charge the author has to bear in agree- ments from the best publishing houses varies from anything over 7s. 6d. to about 12s. per sheet of sixteen pages. Let us consider for a moment what this means. The ordinary 6s. book runs to about 320 pages, generally rather over that amount. This would be twenty sheets of sixteen pages, and if the author was allowed 7s. 6d. per sheet, he would be therefore allowed for corrections an amount of £7 10s., for which he would not have to pay. It will be seen therefore, that the amount put forward in the above clauses, with the exception of clause three would be exceedingly small ; and in clause four, whether the amount was reasonable, would of course depend on the size of the book. In any case, where a fixed allowance is made, care should be taken that the amount is reasonable as compared with the cost of composition. If the author exceeds the sum of £7 10s., say he has to pay £10 himself, this would mean there would be £17 10s. of corrections, or in other words, would mean 350 hours’ work, or the work of a man for thirty-five days at the rate of ten hours a day, reckoned at 1s. per hour, the ordinary charge. This will give some idea of the absurdities of some charges made under the cover of corrections. In the draft agreements issued by the Publishers’ Association we find the following clause :— “The author agrees that if costs of corrections and alterations in the proof sheets exceed 25 per cent. of the cost of composition it shall be deducted from the royalties payable to him.” The cost of composition of the ordinary 6s. book varies between £20 and £80. Here allowance for the corrections free to the author is very small, especially as the clause makes no statement whatever with regard to printer’s errors. It is a clause to be avoided therefore. There is one point, however, on which the clause is reasonable, namely, that the amount should be deducted from the royalties and in most publishers’ agreements where it is not expressly stated this course is generally adopted. There is one publisher who offers the author 10 per cent. of the cost of composition, or about £2 for corrections on the composition of an 148 ordinary length /novel.{ Special mention is made of this as the firm is one of the best known in London. The only redeeming point in the case is that he does not often’insist on any charge; but it is not fair that the author should be dependent on the _ publisher’s generosity. oe The next point for consideration is how the author’s corrections are to be distinguished from printer’s errors. Printers will tell you that the proofs are read over before they are forwarded to the author, and the author, therefore, has a clean sheet. Any corrections made on the clean sheets are author's cor- rections. If the author finds many printer’s errors still in the proofs he should return them for a clean sheet before he makes any cor- rections of his own (this may be sometimes necessary if the author comes across proofs so corrupt that they have evidently been in the hands of a young compositor). This would be an admirable way of ascertaining the difference if the printer’s reader was infallible, but not only is such a_ position impossible, but this further difficulty must be taken into consideration, that the printer may make mistakes unnoticeable by the reader but very clear to the author, and every author who has been accustomed to read proofs will know that, as a matter of fact, he never receives a proof clear of printer’s errors. He has however, on the printer’s own confes- sion, to be responsible to the publisher for more than his own corrections—in the result this position, however unfair, is almost unavoidable. An honourable house will, how- ever, act fairly, but a dishonest publisher not infrequently takes advantage. In case of a dispute is it possible to determine what are printer’s errors and what are author’s corrections, and how much time is expended on one and how much on the other? It is almost impossible. The author should keep duplicate proofs and should make his correc- - tions. on both, and in both cases should make the corrections of printer’s errors in different coloured ink from his own corrections. This would be the most secure way of ascertaining the facts of the case correctly. Is all this trouble worth while ? The following statement will show the contrary, even if any author would undertake this pedantic accuracy. The time necessary for alterations when picked out by this method is only approximately ascertainable and tends to make the sugges- tion valueless. Even when the author has — the corrections distinct, the fresh difficulty will arise in determining the time expended on THE AUTHOR. the re-composition for the correction of printer’s errors as apart from those of the author, and if the matter has to be settled before a judge as the final arbiter expert evidence can only prevent an_ exorbitant overcharge, but no expert can reduce the question to the accuracy of a mathematical problem. If, then, the printer or publisher intends to be dishonest to the extent of £5 or so, no power on earth can prove the dishonesty. On some publishers’ accounts these few uncheckable pounds are always in evidence. The safest way, therefore, is to send in a clean typescript in the first instance and to know exactly how to correct at the least cost. The author should be careful to make such alterations and to such an extent that the lines should not overrun and necessitate the carrying forward of the whole type. Sometimes an exceedingly small correction, from the author’s point of view, will be an exceedingly large one from the printer’s. The cost of corrections is vouched for by the printer’s time-sheet showing so much time spent by the compositor, whose time is reckoned at 1s. per hour. As a matter of fact he is not always paid so much, but it is one of the many plans by which the printers put a little into their own pockets. The publisher is bound to produce proper - vouchers from the printers if called upon to do so. One other point should be mentioned, and that is the question of corrections in the American cost of production. It is much more difficult to settle any disputes with American publishers than it is with a publisher in England owing to the distance, and the fact that if the matter is taken finally into the courts it is hardly worth while to bring an action in America unless the amount involved is very large or the principle very important. Authors, however, should be much more particular in dealing in America as to the position of the publishers and as to the form of correction clauses, and should be careful to deal with those houses only of an established reputation. This further point must also be noted ; the cost of labour in America is higher than the cost of labour in England, and there- fore the cost of corrections is proportionately greater. Finally, it has been suggested that the author should not in any case be liable to pay for corrections above a certain fixed amount. But such an arrangement, it is feared, would never be agreed to by the publisher, and would hardly be fair, as the author might involve  THE AUTHOR. the publisher in an enormous expense and the publisher would have no possibility of obtaining any redress. As the fault of many corrections must lie with the author it is only fair that the author should pay a reasonable proportion. What such reasonable proportion is will adjust itself by the conditions of the trade when at last the full details of cost are known to both author and publisher. “THE LITERARY YEAR-BOOK.” * —_+—<— + —— d. HE 1914 issue of ‘‘The Literary Year- Book” is now to hand. _ This is its eighteenth annual issue, and the book like all good year-books, has been growing in usefulness and handiness during those eighteen years. In another column of The Author is a review of the general features of the book. I desire only to deal with the Law and Letters. It is a small portion of the book, about forty pages out of a total of 650 and more, but in some points it is the most important section of the whole book. These forty pages are divided into (1) The Law of Copyright, which is sub-divided into Imperial Copyright; Colonial Copyright ; International Copyright; (2) Author, Pub- lisher and Agent; (3) Memorandum of Agreement. The Imperial Copyright gives in a short space a rough outline of the present law, and quotes the judgments under the new Act which have been declared during the past year. It makes special mention of the clauses in the Bankruptcy Act of 1913 and states as follows: ‘‘ Owing to the decision in the case of In re Grant Richards, Ex parteW arwick Deeping, an author parting with his copyright to a ublisher who had the misfortune to become ankrupt, might to his dismay find the trustee in bankruptcy of the publisher within his legal rights in publishing the author’s work for the benefit of the creditors without paying him any royalty, or selling the copy- right without attaching any condition as to * “The Literary Year-Book, Authors’ Who’s Who and Illustrators’ Directory,’ Vol. XVIII. London, Heath, Cranton and Ousley, 1914. 149 the payment of royalties to the author.” This was a very serious position, and the Authors’ Society may be justly proud of having been instrumental in amending the law by the insertion of section 15 into this years Bankruptcy Act. The clause is quoted at length. The explanation of the law under the Act of 1911 must of necessity be very curtailed, but setting this point aside, it is creditably and carefully done. The case of Corelli v. Gray is quoted, and an important statement of the judge on the new Act as dealing with that case. It is difficult to deal with Colonial Copyright in the space of a little more than two pages. The Australian Law of 1912 is explained in half a page. With regard to the Canadian Law, which is dealt with in a page and a half, it is. impossible to be satisfied, but as most probably the new Canadian Act will be passed in 1914, it is as well not to lay too heavy a stress on the present difficult position of copyright property in Canada. The countries which have been covered by Orders in Council under the. new Act are fully set forth and form a very useful reference for those who desire to know how far the copyright of a British author ex- tends. The next section on Author, Publisher and Agent, has an important note at the beginning: in black clarendon, drawing attention to a note at the end of the article. To this note attention should be drawn. The editor states. ‘It is the object of ‘The Literary Year-Book ’” to deal with facts as they are. The Authors’ Society is at hand to try and often to succeed in moulding facts, as perhaps they ought to be.” Though not entirely agreeing with this state- ment, the articles which deal with the con- tracting parties and the terms of their con- tracts are written carefully and by one who has considerable knowledge of the intricacies of marketing literary property. : The writer of the articles deals with the agency clause, but surely in the first line he should not have stated, ‘‘ The author should be warned against a clause sometimes intro- duced into agents’ agreements.” The diffi- culty of the agency clause lies in its introduc- tion into the agreement between the author and the publisher, not into the agent’s agree- ment, where it is often counteracted by other clauses. Agents are springing up all round. There is no standard of knowledge, no standard of education, and no standard of financia honesty necessary in order to become a literary agent. Any person who has placed an articlein, 150 _ “THE AUTHOR. a magazine or seen one agreement between an author and a publisher, thinks he knows sufficient to take up the work, and the author suffers accordingly. To many authors a good literary agent is a necessity ; to no author is a bad literary agent of any good. It is essential, therefore, that a note of warning should be given. The note in the present instance is hardly strong enough. There is no space to criticise the proposed forms of publication in detail, but, the criticisms on the whole, are fair. The writer, referring to the account clause, by which the publisher renders annual accounts made up to a certain date and delivered three months afterwards, states, ‘‘It is better that these accounts should be rendered semi-annually, but we print the clause in the form in which it is commonly found.” This statement we cannot support. The great majority of publishers consent now to give semi-annual accounts and many of the old-fashioned houses that have annual renderings, consent during the first two or three years from the _publi- cation to give approximate semi-annual state- ments. Though the annual account clause is bad, that a publisher should make up his accounts annually and render and pay them six months after they are made up is much worse and must never be tolerated. Some publishers have lost quite good business owing to this grievous delay. The question of prices is dealt with cursorily. It is almost impossible to give any advice on this point without an accurate knowledge of each particular case. Some publishers or editors will offer figures which would disgrace a sweat- ing East-end tailor. When it comes to the ques- tion of figures, as the editor wisely remarks, it is as well to invoke the opinion of a literary agent. I think it might be better still to invoke the opinion of the Society of Authors. There is little further to be said about the forms of agreement, but one or two remarks might be made. The writer advises never to hand over the copyright, but to alter this to “the exclusive right of printing.” The writer should have gone further and should have advised the alteration to an exclusive licence to print and publish in book form, in the English language. Sometimes it is even necessary to limit to book form, in the English language, at a certain price, or again, to a certain number of copies, or again to a form to be mutually agreed between the author and the publisher. But in any event, the publisher should only have the right of producing the work in book form in the English language. He is not there as the agent of the author to sell the translation rights, and serial rights, and many of the minor rights. To give this larger power is a fatal error. II. ALTOGETHER “‘ The Literary Year-Book for 1914’? contains more information, and that information dealing with a wider field, than has been given in previous issues. That a very great deal of interest to authors is col- lected in the Year-Book is undeniable, but we are not in a position to bestow upon it whole-hearted approval. Parts are undeniably very well done. The public library re- turns which have been included in the Year- Book for some years past are this year omitted, and we think with good reason. Full par- ticulars still remain respecting libraries likely to be used by authors for purposes of research. Certain changes have been made in the list of periodical publications. Periodicals which gave no information beyond an address are now omitted. This also appears to us to be fully justified; and we may add that the arrangement of the information in the ‘Contributors’ Index to Periodicals” and the hints to contributors are excellent. An entirely new feature is a section dealing with photo-playwriting, with an introductory article on ‘‘ How to Write Photo-plays,” by Mr. E. A. Dench, and a list of firms which purchase photo-plays, with notes of their requirements. Many writers will welcome this addition, though whether anyone desiring to write photo-plays will derive much real assistance from the article devoted to the subject is a question on which we will not venture to express an opinion. The Supple- ment contains a ‘‘ Tabulated List of the Books contained in Eighty-six different Series of Cheap Reprints.” So far as it goes this catalogue is certainly useful; but it must be understood that a very large number of reprinted cheap books are not to be found in it. Other quite familiar features of the Year-Book remain in forms in which they are already well known, and will require no mention. rf } | 4 en ee ee  THE AUTHOR. THE ENGLISHWOMAN’S YEAR-BOOK AND DIRECTORY, 1914.* ee - HE Englishwoman’s Year-Book and Directory” again presents the familiar mass of valuable information, care- fully brought up to date, which has made it indispensable to all women taking any part in public or social life; but not without new additions that are certain to be welcomed. An entirely new feature is a table of ‘‘ Records for Women,” showing how “ all along the line, women are breaking new ground in the pro- fessions previously supposed to be man’s exclusive privilege.” Another most valuable new article is that on “‘ Health Centres and School Clinics.” We are particularly pleased with the chapter devoted to literature, and have seldom seen anywhere better advice than is given at its commencement under the heading of ‘‘The Author.”” The book naturally contains, under other headings, subjects of which we cannot pretend to judge; but we may say that, if here also the information and advice is as excellent as that given respecting literature, the work may claim to be ideal. Divided into two parts, educational, profes- sional and social life; and philanthropic and social work, the volume deals in turn with all the activities of women ; whilst its information is so admirably digested as to make reference extraordinarily easy. tot FREE-LANCING.+ 9 HERE is an insidious, romantic flavour about the word ‘“ free-lance,’ which is calculated to attraet the young author whom Mr. Percy Vere avowedly writes to help and encourage (see the cover of this book). How fast the romance fades is known to nearly all who set themselves to the task of free- lancing for a living. Some lucky few there no doubt are whose talents are of such a kind that they soon succeed in making a competence by their hireling profession. But of the rest it is sad even to think. The writer who * “The Englishwoman’s Year-Book and Directory, 1914.” Thirty-third year of Issue. London: Adam and Charles Black. + ‘The Confessions of a Literary Free-Lance,” by Percy Vere. Edinburgh: Wm. Nimmo & Co, 1s. 6d. net. 151 disguises himself under the cheerful pseudonym now before our eyes would be doing an ill turn to the “ earnest literary aspirants ’’ to whom he dedicates his work, were it not that he admits from the start that his livelihood never depended on his writings. He was in an office from the age of fourteen and a half, and his salary rose steadily ever afterwards. Writing for the magazines was a pastime, a hobby, to him. The phrase “born in the purple of commerce ”’ flashes across our mind, and we wonder what right he has to~call himself a literary free-lance. When he turned his office experiences into magazine articles, he was perhaps a bit of a condottiere—but surely only inanamateurish way. How grateful he should be to his desk ! Having made this protest, we may admit readily that Mr. Percy Vere is both entertaining and instructive in his account of how by ‘“‘ pereyverance’’’ he earned the privilege of describing himself as contributor to the Strand Magazine, Royal Magazine, Chambers’s Journal, etc., etc., and that his hints on the writing of short stories and articles have their value for those who yearn to give the public what it wants. Let the yearners, however, keep their feet all the time, like their monitors, under the desk. ————_o_xca—_——_ CORRESPONDENCE. + A PROTEST. Dear Sir,—A book ealled “ Children’s Stories from English History,”’ purporting to be by E. Nesbit and Doris Ashley, has been sent out for review by Messrs. Raphael Tuck & Sons, and has been reviewed as a new book. Now I do not know Miss Ashley, and have never collaborated with her. Those stories, in this book, which are mine, are very early, immature stuff, written between twenty and thirty years ago, and at.that time, unfortunately, sold by me to Messrs. Raphael Tuck & Sons. Authors who part with their copyrights have to endure the mortification of being unable to suppress early and unworthy work—and I do not resent Messrs. Tuck’s continuing to sell this stuff. It is theirs, and they have a right to sell it. And it serves me right, for parting with the copyright. But I think I have just cause to resent the publication of this early work—or any other work—in a form which makes two authors who are strangers to each other appear to have written a book in col-  152 laboration. Further, it seems to me that the publication of old stuff, again and again, year after year, without any announcement or admission that the work is old, is an outrage to the press, the public, and the author. That such work is sent out in a form which offers no hint of its being a reprint is proved by the reviews which treat it as new. Yours faithfully, E. Nespir BLAnp. ta — THE WANDERING JEW. Str,—In order to forestall one of those misunderstandings as to priority of theme and treatment which so frequently arise between authors, I should like to say that I have written a play which, like that announced by Mr. Temple Thurston, deals with the legend of the Wandering Jew. This play of mine has been published in Germany some time ago, and as it is shortly to be translated by Heiman Scheffauer, I think it expedient to make this preliminary announcement. G. SIL-VARA, Literary Correspondent of the ** Neue Freie Presse,’’ Vienna. 11, Chester Place, Regents Park, N.W. —_—+— ** ONLY.” Srtr,—Whilst expressing entire agreement with Mr. Edward Clodd’s protest against the all too frequent misplacement of “only,” I should like to point out in reply to Mr. Louis Zangwill that his contention applies to col- loquial rather than to literary language, and that, in the conversational instance he gives, the “only” can be correctly placed, and at the same time fulfil his condition of its coming out at once and making a pretest, by saying, “Only Saturday I bought it,” or ‘* T'was ‘only on Saturday I bought it.”’ Surely much may be forgiven in the spoken ‘word which is unpardonable in the written. In such discussions as the present, it is always well to see what the Oxford Dictionary has to say. This is how it judicially sums up the matter: ‘‘ Only was formerly often placed -away from the word or words which it limited ; this is still frequent in speech where stress and ‘pauses prevent ambiguity, but is now avoided THE AUTHOR. by perspicuous writers.” Of such placing the earliest example given is from Caxton, and is dated 1483. With all due respect, the antithesis of living language and dead formalism with which Mr. Zangwill concludes his letter is both vague and irrelevant. Yours faithfully, T. Francis Howe... — 1 — On Some EpitroriaAL EcCcENTRICITIES. Srr,—I am a somewhat elderly person, who is perhaps approaching his dotage, and one of my habits (I hope a harmless one) is to spend a certain amount of my leisure time in writing to the newspapers. As a rule my letters are inserted, but the joy that I naturally feel on such oceasions is frequently diminished by the fact that the editor has broken up my letter into paragraphs on an_ irritating system, entirely of his own devising. The rule, I understand, is that a new paragraph indicates a new subject, and this rule I carefully observe myself in writing, but there are editors who appear never even to have heard of it, and their idea of breaking up a letter is to begin a new paragraph where a break looks well. Thus, the other day, I wrote a letter of thirty- six lines to a well-known daily paper, and began a new paragraph at the twenty-eighth line ; when the letter was printed the only para- graph began at the twenty-fourth line. Surely the person who writes the letter is the best judge of its form; he, if he is a fairly com- petent writer, studies the rhythm, and, if I may so phrase it, the build of his letter, far more carefully than any editor is likely to have time to do. Another objectionable practice of editors is to insert a letter, signed perhaps with the writer’s proper name, with two or three lines of matter excised at the end or elsewhere. A curious tale has been told me of an editor who cut out all the vital part of a writer’s argument, so that another correspondent with a well- known name might triumph over him next day. All this appears to me to prove that discussion is not so free as it might be, even in first-class newspapers, and that the editor, by tampering with letters or suppressing them, may give the victory in a discussion to anyone he likes. I am, Sir, Yours truly, SENEX. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Author, Vol. 24 Issue 05 (February 1914) Subject The topic of the resource <em>The Author</em>, Vol. 24 Issue 05 (February 1914) Type The nature or genre of the resource Publication Identifier An unambiguous reference to the resource within a given context 1914-02-02-The-Author-24-5 publications The Author