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457	https://historysoa.com/items/show/457	The Author, Vol. 04 Issue 07 (December 1893)	<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=49&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=%3Cem%3EThe+Author%3C%2Fem%3E%2C+Vol.+04+Issue+07+%28December+1893%29"><em>The Author</em>, Vol. 04 Issue 07 (December 1893)</a>											<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=51&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Publication">Publication</a>	1893-12-01-The-Author-4-7					229–280																		<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=89&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=4">4</a>											<a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=76&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=1893-12-01">1893-12-01</a>							7			18931201	The Hutbor.<br /> <br /> (The Organ of the Incorporated Society of Authors. Monthly.)<br /> <br /> BONDUCTED BY WALTER SESANT.<br /> <br /> Vou. IV.—No. 7.] DECEMBER 1, 1803. [Prick SIXPENCE.<br /> i PAGE<br /> Warnings and Advice Book Talk. By J. W.S.... as wee aoe Ae cee eer<br /> How to use the Society The Lowell Memorial in Westminster Abbey... ee eae ap eee<br /> ae Authors’ Syndicate Thackeray&#039;s Women—<br /> otices ... Bes ane as ves ee bee 4.—By J. Hill<br /> The Annual General Meeting of the Society ... ae os oe 5.—By Jessie Barker ... os one ee os<br /> Certain Useful Facts— - American Women as Journalists. By Elizabeth Banks<br /> 1.—On Corrections oes eee ae ae rae vee see 233 The Society of Authors and Copyright Questions ... oe «+. 253<br /> 2.—On Deferred Royalti 234 Pas<br /> Son Rahal oo + nes &lt;= ss see &quot;O35 Correspondence.—1l. A Dubious Charge.—2. Left to Pay.—3. The<br /> Lit oP oes a — i are i: Sess | Editor again.—4. Beyond the Agreement —5. Why rejected ?<br /> : on OG, Brothers 6. The Germans’ Turn. —7. Authors and _ Publishing.—<br /> ; ae oo . — s. Literary Insurance.—9. Illustrations —10. Religion in Daily<br /> — f ce : Life ... &lt;a ae ES fae vee oe ts as ves 260<br /> | Oa i tiection ** At the Sign of the Author’s Head”... cee Sco aye wan 269<br /> 5.—A Nondescript Agreement oe os What the Papers say— Dal oo ay<br /> 6.—What Constitutes a Claim to Copyright? eke Penny N oveletia. Pa 1 Mall Gazette oa a 27)<br /> Omnium Gatherum for December. By J. M. Lely ... SS Pronunciations. By Andrew Tuer. St James<br /> The Lit , Agent. the Editor e a | razette See me Se es eae Res She mee eee<br /> es ee By she Hii: | 3.—The Humourist’s Regimen. By Robert Barr 272<br /> <br /> Erotion. By William Toynbee Eas ae one<br /> Notes and News. By the Editor... tbe aes a<br /> <br /> <br /> <br /> 4.—Advertising as a Fine Art. By W. T. Stead. Daily<br /> <br /> <br /> <br /> Feuilleton— Paper... ae nee tee ace Js 273<br /> 1._The Leaden Plum ... toe s es pe sae wee 244 5.—Lectures and Libraries. City Press eee see we 274<br /> 2—The Island of the Dead... 2 ae ae ane sige a tO New Books and New Editions... see es is ees sen OU<br /> <br /> <br /> <br /> PUBLICATIONS OF THE SOCIETY.<br /> <br /> 1. The Annual Report. That for January 1893 can be had on application to the Secretary.<br /> 9. The Author. A Monthly Journal devoted especially to the protection and maintenance of Literary<br /> Property. Issued to all Members.<br /> <br /> 3. The Grievances of Authors. (The Leadenhall Press.) 1s. The Report of three Meetings on<br /> the general subject of Literature and its defence, held at Willis’s Rooms, March, 1887.<br /> <br /> Literature and the Pension List. By W. Morris Coxuus, Barrister-at-Law. (Henry Glaisher,<br /> g5, Strand, W.C.) 35.<br /> <br /> +<br /> 6. The History of the Société des Gens de Lettres. By 5. Squire Srriacr, late Secretary to<br /> 6<br /> <br /> <br /> <br /> <br /> <br /> the Society. Is.<br /> <br /> The Cost of Production, In this work specimens are given of the most important forms of type,<br /> size of page, &amp;c., with estimates showing what it costs to produce the more common kinds of<br /> books. Henry Glaisher, 95, Strand, W.C. 2s. 6d.<br /> <br /> 7, The Various Methods of Publication. By S. Squire Spriaae. In this work, compiled from the<br /> papers in the Society’s offices, the various forms of agreements proposed by Publishers to<br /> Authors are examined, and their meaning carefully explained, with an account of the various<br /> kinds of fraud which have been made possible by the different clauses in their agreements.<br /> Henry Glaisher, 95, Strand, W.C. 3s.<br /> <br /> 8. Copyright Law Reform, An Exposition of Lord Monkswell’s Copyright Bill now before Parlia-<br /> ment. With Extracts from the Report of the Commission of 1878, and an Appendix<br /> containing the Berne Convention and the American Copyright Bill. By J. M. Leny. Eyre<br /> and Spottiswoode. ts. 6d.<br /> <br /> . The Society of Authors. A Record of its Action from its Foundation. By WauTEer BrEsanr<br /> (Chairman of Committee, 1888—1892). 1s.<br /> <br /> oO<br /> <br /> <br />  <br /> <br /> <br /> <br /> ADVERTISEMENTS.<br /> IMPORTANT TO AUTHORS AND ARTISTS.<br /> <br /> AN AUTHOR’S CO-OPERATIVE PUBLISHING COMPANY.<br /> <br /> E IMPERIAL PREss<br /> <br /> ro ED.<br /> <br /> Registered by Special Permission of the Government.<br /> <br /> PROVISIONAL DIRECTORATE :<br /> <br /> JOHN HAWKINGS, Esq., Manager and Proprietor of the | FRANCIS GEORGE HEATH, Esq., Underwood, Kew<br /> Central Press, 22, Parliament-street, S.W. Gardens, Surrey.<br /> SAMUEL STEPHENS, Esq., 9, Stone-buildings, Lincoln’s-inn, W.C.<br /> (With power to add to their number.)<br /> <br /> CAPITAT. = = = = = £25,000<br /> DIVIDED INTO 25,000 SHARES OF £1 EACH.<br /> <br /> Payable: 5s. per Share on Application, 5s. per Share on Allotment, and the balance in calls at intervals of not less<br /> than One Month.<br /> <br /> 230<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> “The Imperial Press” Limited has been formed to afford to those of its members who are Artists or Authors<br /> <br /> <br /> <br /> the unique advantage of Sharing, as publishers as well as originators, in the Profits accruing from their own works,<br /> and (to the extent to which they are Shareholders) in the General Profits of the Business.<br /> N.B.—Authors will have free access to all accounts, papers, or books of the undertaking relating to their<br /> <br /> own productions.<br /> Copies of the Prospectus may be obtained at the Offices of the Company,<br /> <br /> The Sociefy of Authors (Bncorporated).<br /> <br /> PRESIDENT.<br /> <br /> GHORGH MBEREDITE.<br /> <br /> COUNCIL.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Str Epwin ARNo_Lp, K.C.LE., C.S.1. Tue Eart or DEsartT. Lewis Morris.<br /> ALFRED AUSTIN. AusTINn Dosson. Pror. Max MULLER.<br /> J. M. Barrie. A. W. Dupoure. J. C. PARKINSON.<br /> A. W. A Brecxert. J. Eric Ericusen, F.R.S8. Tur EARL oF PEMBROKE AND Mont-<br /> RoBERT BATEMAN. Pror. Micuart Foster, F.R.S. GOMERY.<br /> Str Henry Berens, K.C.M.G. Rieot Hon. HERBERT GARDNER, Str FREDERICK Po.tock, BArt., LL.D.<br /> WALTER BESANT. M.P. WALTER HERRIES POLLOCK.<br /> AUGUSTINE BIRRELL, M.P. RicHaRD GARNETT, LL.D. A. G. Ross.<br /> Rev. Pror. Bonney, F.RB.S. EpmMuND GossE. GrorGEe AuausTuS SALA.<br /> Rieut Hon. James Bryce, M.P. H. River HaGearp. W. BAprisTE ScooNngEs.<br /> HA CAINE. Tuomas Harpy. G. R. Sms.<br /> EGERTON CAstTLe, F.S.A. JEROME K. JEROME. S. Squire SPRIGGE.<br /> P. W. CLAYDEN. Rupyarp KIPuine. J. J. STEVENSON.<br /> EpwaArp CLopp. Pror. E. Ray LANKESTER, F.R.S. Jas. SULLY.<br /> W. Morris Couues. J. M. LEty. Wiiiiam Moy THomas.<br /> Hon. JoHN COLLIER. Rev. W. J. Lorrie, F.S.A. H. D. Traitt, D.C.L.<br /> W. Martin Conway. Pror. J. M. D. MEIKLEJONN. Baron Henry DE Worms, M.P., 2s<br /> F. Marion CRAWFORD. HERMAN C. MERIVALE. FE.R.S.<br /> OswaLD CRAWFURD, C.M.G. Rev. C. H. MrppLteton-WaAkgz. EpmunpD YATES.<br /> Hon. Counsel—E. M. UnpERDOWwN, Q.C. Solicitors—Messrs. Fraup, Roscox, and Co., Lincoln’s Inn Fields. ,<br /> Accountants—Messrs. OscaR Burry and Carr, Monument-square, H.C. Secretary—G. HerBert THRine, B.A. wy<br /> <br /> OFEICES: 4, Portuaat Street, Linconn’s Inn Fruups, W.C.<br /> <br /> <br />  <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Che<br /> <br /> Flutbor.<br /> <br /> (The Organ of the Incorporated Society of Authors. Monthly.)<br /> <br /> CONDUCTED BY WALTER BESANT.<br /> <br /> <br /> <br /> <br /> <br /> Vou. IV.—No. 7.]<br /> <br /> DECEMBER 1, 1893.<br /> <br /> [Prick SIXPENCE.<br /> <br /> <br /> <br /> <br /> <br /> For the Opinions expressed in papers that are<br /> signed or initialled the Authors alone are<br /> responsible. None of the papers or para-<br /> graphs must be taken as expressing the<br /> collective opinions of the committee unless<br /> they are officially signed by G. Herbert<br /> Thring, Sec.<br /> <br /> <br /> <br /> : ge Secretary of the Society begs to give notice that all<br /> remittances are acknowledged by return of post, and<br /> requests that all members not receiving an answer to<br /> important communications within two days will write to him<br /> without delay. All remittances should be crossed Union<br /> Bank of London, Chancery-lane, or be sent by registered<br /> letter only.<br /> <br /> Communications and letters are invited on all subjects<br /> connected with literature, but on no other subjects what-<br /> ever. Articles which cannot be accepted are returned if<br /> stamps for the purpose accompany the MSS.<br /> <br /> re<br /> <br /> WARNINGS AND ADVICE.<br /> <br /> <br /> <br /> <br /> <br /> T is not generally understood that the author, as the<br /> vendor, has the absolute right of drafting the agree-<br /> ment upon whatever terms the transaction is to be<br /> <br /> carried out. Authors are strongly advised to exercise that<br /> right. Inevery other form of business, the right of drawing<br /> the agreement rests with him who sells, leases, or has the<br /> control of the property.<br /> <br /> <br /> <br /> EADERS of the Author and members of the Society<br /> are earnestly desired to make the following warnings<br /> as widely known as possible. They are based on the<br /> <br /> experience of nine years’ work by which the dangers<br /> to which literary property is especially exposed have been<br /> discovered :—<br /> <br /> 1. SprraL Ricuts.—In selling Serial Rights stipulate<br /> that you are selling the Serial Right for one paper at a<br /> certain time only, otherwise you may find your work serialized<br /> for years, to the detriment of your volume form.<br /> <br /> 2. Stamp your AGREEMENTS. — Readers are most<br /> URGENTLY warned not to neglect stamping their agreements<br /> immediately after signature. If this precaution is neglected<br /> for two weeks, a fine of £10 must be paid before the agree-<br /> ment can be used as a legal document. In almost every<br /> case brought to the secretary the agreement, or the letter<br /> <br /> VOL. IV.<br /> <br /> which serves for one, is forwarded without the stamp. The<br /> author may be assured that the other party to the agree-<br /> ment never neglects this simple precaution. The Society,<br /> to save trouble, undertakes to get all the agreements of<br /> members stamped for them at no expense to themselves<br /> except the cost of the stamp.<br /> <br /> 3. ASCERTAIN WHAT A PROPOSED AGREEMENT GIVES TO<br /> BOTH SIDES BEFORE SIGNING 1T.—Remember that an<br /> arrangement as to a joint venture in any other kind of busi-<br /> ness whatever would be instantly refused should either party<br /> refuse to show the books or to let it be known what share he<br /> reserved for himself.<br /> <br /> 4. Lirerary AcEntTs.—Be very careful. You cannot be<br /> too careful as to the person whom you appoint as your<br /> agent. Remember that you place your property almost un-<br /> reservedly in his hands. Your only safety is in consulting<br /> the Society, or some friend who has had personal experience<br /> of the agent. Do not trust advertisements alone.<br /> <br /> 5. Cost OF PropuctTion.-—Never sign any agreement of<br /> which the alleged cost of production forms an integral part,<br /> until you have proved the figures.<br /> <br /> 6. CHorcEe oF PuBLISHERS.—Never enter into any cor-<br /> respondence with publishers, especially with those who ad-<br /> vertise for MSS., who are not recommended by experienced<br /> friends or by this Society.<br /> <br /> 7. FuturE Worx.—Never, on any accownt whatever,<br /> bind yourself down for future work to anyone.<br /> <br /> 8. Royatry.—Never accept any proposal of royalty until<br /> you have ascertained what the agreement, worked out on<br /> poth a small and a large sale, will give to the author and<br /> what to the publisher.<br /> <br /> g. PERSONAL Risk.—Never accept any pecuniary risk or<br /> responsibility whatever without advice.<br /> <br /> 10. ResEctED MSS.—Never, when a MS. has been re-<br /> fused by respectable houses, pay others, whatever promises<br /> they may put forward, for the production of the work.<br /> <br /> 11. AMERICAN Ricuts.—Never sign away American<br /> rights. Keep them by special clause. Refuse to sign any<br /> agreement containing a clause which reserves them for the<br /> publisher, unless for a substantial consideration. If the<br /> publisher insists, take away the MS. and offer it to<br /> another.<br /> <br /> 12. Cesston or Copyricgut.—Never sign any paper,<br /> either agreement or receipt, which gives away copyright,<br /> without advice.<br /> <br /> 13. ADVERTISEMENTS.—Keep control over the advertise-<br /> ments, if they affect your returns, by a clause in the agree-<br /> ment. Reserve a veto. If you are yourself ignorant of the<br /> subject, make the Society your adviser.<br /> <br /> Te<br />  <br /> <br /> 232<br /> <br /> 14. Never forget that publishing is a business, like any<br /> other business, totally unconnected with philanthropy,<br /> charity, or pure love of literature. You have to do with<br /> business men. Be yourself a business man.<br /> <br /> Society’s Offices :—<br /> 4, PortugaL STREET, Lincoun’s INN Fieups.<br /> <br /> Coo<br /> <br /> HOW TO USE THE SOCIETY.<br /> <br /> <br /> <br /> re VERY member has a right to advice upon his<br /> <br /> agreements, his choice of a publisher, or any<br /> <br /> dispute arising in the conduct of his business or<br /> the administration of his property. If the advice sought<br /> is such as can be given best by a solicitor, the member has<br /> a right to an opinion from the Society’s solicitors. If the<br /> case is such that Counsel’s opinion is desirable, the Com-<br /> mittee will obtain for him Counsel’s opinion. All this<br /> without any cost to the member.<br /> <br /> 2. Remember that questions connected with copyright<br /> and publisher’s agreements do not generally fall within the<br /> experience of ordinary solicitors. Therefore, do not scruple<br /> to use the Society first—our solicitors are continually<br /> engaged upon such questions for us.<br /> <br /> 3. Send to the office copies of past agreements and past<br /> accounts with the loan of the books represented. This isin<br /> order to ascertain what has been the nature of your agree-<br /> ments, and the results to author and publisher respectively<br /> sofar. The Secretary will always be glad to have any<br /> agreements, new or old, for inspection and note. The infor-<br /> mation thus obtained may prove invaluable.<br /> <br /> 4. If the examination of your previous business trans-<br /> actions by the Secretary proves unfavourable, you should<br /> take advice as to a change of publishers.<br /> <br /> 5. Before signing any agreement whatever, send the pro-<br /> posed document to the Society for examination.<br /> <br /> 6. The Society is acquainted with the methods, and—in<br /> the case of fraudulent houses—the tricks of every publish-<br /> ing firm in the country. Remember that there are certain<br /> houses which live entirely by trickery.<br /> <br /> 7. Remember always that in belonging to the Society you<br /> are fighting the battles of other writers, even if you are<br /> reaping no benefit to yourself, and that you are advancing<br /> the best interests of literature in promoting the indepen-<br /> dence of the writer.<br /> <br /> 8. Send to the Editor of the Author notes of everything<br /> important to literature that you may hear or meet with.<br /> <br /> oe<br /> <br /> THE AUTHORS’ SYNDICATE.<br /> <br /> EMBERS are informed :<br /> 1. That the Authors’ Syndicate takes charge of<br /> the business of members of the Society. With, when<br /> necessary, the assistance of the legal advisers of the Syndi-<br /> cate, it concludes agreements, collects royalties, examines<br /> and passes accounts, and generally relieves members of the<br /> trouble of managing business details.<br /> <br /> 2. That the expenses of the Authors’ Syndicate are<br /> defrayed solely out of the commission charged on rights<br /> placed through its intervention. Notice is, however, hereby<br /> given that in all cases where there is no current account, a<br /> vooking fee is charged to cover postage and porterage.<br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> 3. That the Authors’ Syndicate works for none but those<br /> members of the Society whose work possesses a market<br /> value.<br /> <br /> 4. That the Syndicate can only undertake any negotiation<br /> whatever on the distinct understanding that those negotia-<br /> tions are placed exclusively in its hands, and that all<br /> communications relating thereto are referred to it.<br /> <br /> 5. That clients can only be seen by the Editor by appoint-<br /> ment, and that, when possible, at least four days’ notice<br /> should be given. The work of the Syndicate is now so<br /> heavy, that only a limited number of interviews can be<br /> arranged.<br /> <br /> 6. That every attempt is made to deal with the corre-<br /> spondence promptly, but that owing to the enormous number<br /> of letters received, some delay is inevitable. That stamps<br /> should, in all cases, be sent to defray postage.<br /> <br /> 7. That the Authors’ Syndicate does not invite MSS.<br /> without previous correspondence, and does not hold itself<br /> responsible for MSS. forwarded without notice.<br /> <br /> It is announced that, by way of a new departure, the<br /> Syndicate has undertaken arrangements for lectures by<br /> some of the leading members of the Society ; that a<br /> “Transfer Department,” for the sale and purchase of<br /> journals and periodicals, has been opened ; and that a<br /> “Register of Wants and Wanted” has been opened.<br /> Members anxious to obtain literary or artistic work are<br /> invited to communicate with the Manager.<br /> <br /> There is an Honorary Advisory Committee, whose services<br /> will be called upon in any case of dispute or difficulty. It<br /> is perhaps necessary to state that the members of the<br /> Advisory Committee have no pecuniary interest whatever in<br /> the Syndicate.<br /> <br /> set<br /> <br /> NOTICES.<br /> <br /> HE Editor of the Author begs to remind members of the<br /> Society that, although the paper is sent to them free<br /> of charge, the cost of producing it would be a very<br /> <br /> heavy charge on the resources of the Society if a great<br /> many members did not forward to the Secretary the modest<br /> 6s. 6d. subscription for the year.<br /> <br /> The Editor is always glad to receive short papers and<br /> communications on all subjects connected with literature<br /> from members and others. Nothing can do more good to<br /> the Society than to make the Author complete, attractive,<br /> and interesting. Will those who are willing to aid in this<br /> work send their names and the special subjects on which<br /> they are willing to write?<br /> <br /> Communications for the Author should reach the Editor<br /> not later than the 21st of each month.<br /> <br /> All persons engaged in literary work of any kind, whether<br /> members of the Society or not, are invited to communicate<br /> to the Editor any points connected with their work which<br /> it would be advisable in the general interest to publish.<br /> <br /> Members and others who wish their MSS. read are<br /> requested not to send them to the Office without previously<br /> communicating with the Secretary. The utmost practicable<br /> despatch is aimed at, and MSS. are read in the order in<br /> which they are received. It must also be distinctly under-<br /> stood that the Society does not, under any circumstances,<br /> undertake the publication of MSS.<br /> <br /> The Authors’ Club is now open in its new premises, at<br /> 3, Whitehall-court, Charing Cross. Address the Secretary<br /> for information, rules of admission, &amp;c.<br /> <br /> Will members take the trouble to ascertain whether they<br /> have paid their subscriptions for the year ? If they will do<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ;<br /> ;<br /> {<br /> 3<br />  <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> = 4%<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR. 233<br /> <br /> this, and remit the amount, if still unpaid, or a banker’s<br /> order, it will greatly assist the Secretary, and save him the<br /> trouble of sending out a reminder.<br /> <br /> Members are most earnestly entreated to attend to the<br /> warning numbered (7). It is a most foolish and a most<br /> disastrous thing to bind yourself to anyone for a term of<br /> years. Let them ask themselves if they would give a<br /> solicitor the collection of their rents for five years to come,<br /> whatever his conduct, whether he was honest or dishonest?<br /> Of course they would not. Why then hesitate for a moment<br /> when they are asked to sign themselves into literary bondage<br /> for three or five years ?<br /> <br /> Those who possess the “Cost of Production” are<br /> requested to note that the cost of binding has advanced 15<br /> per cent. This means, for those who do not like the trouble<br /> of “doing sums,” the addition of three shillings in the<br /> pound on this head. In other words, if the cost of binding<br /> is set down in our book at eight pounds, to this must now be<br /> added twenty-four shillings more, so that it now stands at<br /> £9 4s. The figures in our book are as near the exact truth<br /> as canbe procured; but a printer’s, or a binder’s, bill is so<br /> elastic a thing that nothinz more exact can be arrived at.<br /> <br /> Some remarks have been made upon the amount charged<br /> in the “ Cost of Production” for advertising. Ofcourse, we<br /> have not included any sums which may be charged for<br /> inserting advertisements in the publisher’s own magazines,<br /> or in other magazines by exchange. As agreements too<br /> often go, there is nothing to prevent the publisher from<br /> sweeping the whole profits of a book into his own pocket,<br /> by inserting any number of advertisements in his own<br /> magazines, and by exchanging with others. Some there are<br /> who call this a form of fraud; it is not known what those<br /> who practise this method of swelling their own profits<br /> call it.<br /> <br /> spe&lt;t<br /> <br /> THE GENERAL MEETING OF THE SOCIETY.<br /> <br /> <br /> <br /> HE formal general meeting to adopt the<br /> iL report of 1892 was held at the rooms of<br /> the Royal Medical and Chirurgical Society,<br /> <br /> 20, Hanover-square, W., on Thursday, Nov. 23,<br /> at five o’clock p.m. 1n the absence of Sir Frederick<br /> Pollock, the chairman, Mr. J. M. Lely was voted<br /> into the chair. The chairman then proposed that<br /> the report should be taken as read,as it had already<br /> been circulated to all the members earlier in the<br /> year, and he made a short speech commenting<br /> on the success of the Society during the current<br /> year. He touched on the case of Macdonald v. The<br /> National Review ; and explained the importance<br /> of the case to all authors. He then spoke of the<br /> Chicago conference, and the fact that Mr. Besant<br /> and Mr. 8. S. Sprigge, as representatives of the<br /> Society, acted as delegates free of expense to the<br /> Society. He then made some remarks about<br /> the current copyright law, and suggested that,<br /> if it were impossible to bring in a law codifying<br /> the copyright law as generally, it might be<br /> possible to bring in a law amending the most<br /> serious faults in the present state of copyright.<br /> These serious faults he grouped under four<br /> heads: Dramatisation of Novels, Abridgment,<br /> <br /> Magazine Copyright under the 18th section of<br /> the Act of 1842, and Newspaper Copyright.<br /> He further stated that the Society had pro-<br /> gressed in numbers and power during the current<br /> year, and that 1140 members was the present<br /> number on the books. Lastly, he invited any<br /> member present to bring forward any other<br /> points for the consideration of the Society,<br /> touching the Report or otherwise. Sir William<br /> Thomas Charley, Q.C., then got up and thanked<br /> the secretary for the valuable help and infor-<br /> mation he had given with regard to some<br /> matters he had laid before him. As the meeting<br /> was merely formal, and none of the members<br /> present had points that they cared to discuss,<br /> the adoption of the report was moved by Mr. J.<br /> M. Lely and seconded by Sir W. T. Charley. Mr.<br /> Arthur 4 Beckett then moved a vote of thanks<br /> to the chairman, which was seconded by Capt.<br /> Claude Harding, who thanked the chairman for<br /> the interest he had always taken in the Society<br /> from its commencement, and the labour he had<br /> bestowed as a lawyer on the copyright laws. The<br /> vote of thanks was carried unanimously, and the<br /> meeting then dissolved.<br /> <br /> 2 0<br /> <br /> CERTAIN USEFUL FACTS.<br /> <br /> <br /> <br /> I.—On Corrections.<br /> <br /> NE of the most interesting items in a pub-<br /> lisher’s account is that called ‘“ author&#039;s<br /> corrections,” and one of the most valuable<br /> <br /> features in Mr. Sprigge’s ‘“‘ Methods of Publish-<br /> ing” is his exposure of the casual way in which<br /> this item is charged.<br /> <br /> It is there shown that the allowance to be made<br /> the author for corrections varies from one agree-<br /> ment to another; there is no fixed rule; there is<br /> not even uniformity of practice in the same firm.<br /> The following cases are cited :<br /> <br /> (1) The author is allowed ros in all for cor-<br /> rections. After that he has to pay for them. In<br /> the book referred to it means 6d. a sheet.<br /> <br /> (2) He is allowed tos. per sheet for corrections.<br /> <br /> (3) Nothing is said about corrections.<br /> <br /> (4) The sum of £6 was allowed for the author.<br /> <br /> (5) The sum of £3 was allowed.<br /> <br /> (6) Nothing was said about corrections, but<br /> the author was liable for “any loss” in the pub-<br /> lication of the book.<br /> <br /> (7) The author was allowed 10s. per sheet of<br /> sixteen pages.<br /> <br /> Thus it is proved that there is no uniform<br /> charge.<br /> <br /> But what do these varied forms of limitation<br /> mean? What are “corrections to the extent of<br /> 10s. a sheet of sixteen pages ?”<br />  <br /> <br /> 234<br /> <br /> Tt has been ascertained that whatever sum<br /> was named in the publisher’s account the price<br /> charged by the printer for corrections was 1s, 2d.<br /> or 1s. 3d. an hour. This is something gained.<br /> It enables an author, for example, to show that a<br /> charge for £106 13s. made in a certain account<br /> for corrections, meant the work of one man for<br /> 1706 hours, so that at eight hours a day it meant<br /> one man’s work for 213 days and two hours, or<br /> 35 weeks, three days, and two hours, or eight<br /> months, three weeks, three days, and two hours !<br /> Now, the setting up of the whole book could be<br /> done in much less time.<br /> <br /> Obviously, therefore, the charges made for<br /> corrections are often merely capricious—or worse.<br /> <br /> The first duty of the author is to satisfy him-<br /> self that the charge has been rea&#039;ly made by the<br /> printer and really paid by the publisher.<br /> <br /> Here, however, is an attempt to connect work<br /> with time as well as time with money.<br /> <br /> Inexperienced persons correct expensively<br /> because they are inexperienced.<br /> <br /> They may note the following points:<br /> <br /> 1. The mere substitution of one word for<br /> another about the same length can be done<br /> in three or four minutes—say, in three<br /> minutes and a half, Therefore, this kind<br /> of correction allows about seventeen words<br /> in an hour, and costs 1s. 3d. an hour.<br /> <br /> 2. If, however, the author strikes out half a<br /> line bodily, so that the type has to be<br /> shifted for some lines or for a quarter of a<br /> page, the single correction may cause work<br /> for ten minutes or half an hour, or even<br /> longer.<br /> <br /> This is all that can be said about the connection<br /> <br /> between work and time.<br /> <br /> Let the author remember not to disturb the<br /> lines, and he will probably avoid a long bill for<br /> corrections.<br /> <br /> A safe rule is to have duplicate proofs, and to<br /> enter the corrections on both proots. In case of<br /> dispute the copy kept can be referred to.<br /> <br /> To sum up. The allowance of tos. a sheet<br /> means about eight hours’ work per sheet, or<br /> about 136 words—a very fair allowance.<br /> <br /> A better plan stil], though it means a tax on<br /> the author, is to type write the whole at a charge<br /> of 1s. to 1s. 3d. per thousand words, or about<br /> £4 for a book of 70,000 words, correct, it care-<br /> fully, and hand it in to the printer as a first proof<br /> corrected for press.<br /> <br /> <br /> <br /> II—Tue Dererrep Royatry.<br /> “Tn consideration of a royalty of 2d. in the<br /> shilling on the published price, to begin when<br /> two thousand copies have been sold.”<br /> <br /> THE AUTHOR.<br /> <br /> We take a six-shilling novel. An edition of<br /> <br /> 3000 was printed.<br /> <br /> The following was the cost (see “ Cost of Pro-<br /> duction,” p. 27):<br /> Composition, 17 sheets at £1 7s. 6d. £ s. d,<br /> <br /> <br /> <br /> <br /> <br /> per sheeh oe 23 7 ©<br /> <br /> Printing, 17 sheets at 16s. 2d. per<br /> sheet... 21.2260 eee eG 13 14<br /> Paper cgccreec i ee<br /> Binding, at 5d. a volume ............... 62 10 0<br /> Advertisine (,...0.. ee se 25 0 ©<br /> Moulding, at 5s. a sheet................. 4 5 ©<br /> Stereoty ping, at gs. asheet ............ 713 6<br /> Corrections: ....5..65005 bo 210.9<br /> #185 10 |<br /> <br /> It would be only in the case of a book pretty<br /> certain to prove successful that a publisher would<br /> begin with an edition of 3000.<br /> <br /> The price of the book to the trade would be<br /> generally 3s. 73d. We may however, making<br /> allowance for bad debts, call it 3s. 6d.<br /> <br /> We have, thus, these figures :<br /> <br /> By the first 1500 copies— £ sd<br /> The publisher would gain ............ 76.19 98<br /> The author would gain ............... Nil.<br /> <br /> By the first 2000 copies—<br /> The publisher would gain ............<br /> The author would gain ...............<br /> By the first 3000 copies—<br /> The publisher would gain ............ 289 9 8<br /> The author would gain ............... 50.0.0<br /> <br /> 164 9 8<br /> Nil.<br /> <br /> It may be said that is an extreme case, and<br /> one not likely to happen. But such a proposal<br /> was actually made, a short time ago, to a very<br /> distinguished man of letters, that his royalty<br /> should begin after 2000 copies.<br /> <br /> Or, a deferred royalty may be proposed to begin<br /> after 400 or 500 copies. It is often deferred beyond<br /> the point where the circulation is likely to end.<br /> And the royalty that is then offered gives the<br /> publisher by far the greater share.<br /> <br /> For instance, suppose a royalty of 2d. in the<br /> shilling, to begin on such a 6s. book after 500<br /> copies are sold.<br /> <br /> The cost of the first thousand (all copies bound)<br /> would be, approximately, £100. If only 500 are<br /> bound, about £90. :<br /> <br /> The sale of 500 copies (supposing only 500<br /> bound) brings in £87 10s., showing that the pub-<br /> lisher has thus recouped his expenditure.<br /> <br /> The sale of the next 450 (allowing 50 for Press<br /> copies) brings in £78 15s. ‘I&#039;hese copies have to<br /> be bound at a cost of about £10.<br /> <br /> The author takes £22 10s., the publisher about<br /> £46—more than twice as much.<br /> <br /> If, however, under a deferred royalty to begin<br /> <br /> <br /> <br /> <br /> <br /> <br />  <br /> <br /> <br /> <br /> THE AUTHOR. 235<br /> <br /> after 500 copies, the book is such that the pub-<br /> lisher can reckon on a large sale, and can print<br /> 3000 copies, the following is the pleasing result :<br /> The publisher makes £215<br /> The author makes £125<br /> <br /> On a royalty of 2d. in the shilling from the<br /> begining the author makes £150 and the pub-<br /> lisher £190, so that in everyone of these cases<br /> the publisher gets the better of the author.<br /> <br /> If a deferred royalty is offered, care must be<br /> taken to ascertain (1) whether the postponement<br /> covers all, or more than, the cost of production ;<br /> and (2) what the royalty afterwards proposed<br /> means.<br /> <br /> For instance, a royalty of 2d. in the shilling to<br /> begin after the cost of production is defrayed,<br /> thus :<br /> <br /> First, a certain number having defrayed the<br /> cost, there remains of the edition of 1000, say<br /> of a 12s. book, 400 copies. They sell at about<br /> 7s. 6d. a copy. The 400 copies realise £150.<br /> <br /> The author takes £40.<br /> The publisher takes £110.<br /> <br /> The deferred royalty, therefore, it will be seen,<br /> may become a most potent means of defrauding<br /> the author, and in such a proposal it is above all<br /> things necessary to work out the figures carefully<br /> before signing.<br /> <br /> i by this arrangement.<br /> <br /> <br /> <br /> II[.—On Spectat, or RepucEep, PRICEs.<br /> <br /> A publisher, writing recently in the Athenxun,<br /> tried to make a great point of the wonderful<br /> difficulties presented by special sales; .e., sales at<br /> a reduced price, to meet exceptional circumstance<br /> —in plain language, to “ make a deal.”<br /> <br /> Now, it may very well happen that in order<br /> that this deal may be made, the publisher may<br /> sacrifice books in which the author has an interest<br /> in order torun books entirely his own. Therefore,<br /> it would be quite right to insist on the mainten-<br /> ance of the royalty—if there is a royalty—what-<br /> ever the publisher’s terms may be, and to insist on<br /> the usual trade terms if it isa profit-sharing agree-<br /> ment. A better plan would be to have nothing<br /> whatever to do with a publisher who proposed to<br /> reduce terms in order to suit his own convenience,<br /> unless the author chooses to sell his interest<br /> outright on terms to be agreed upon, with the<br /> help of someone who understands these things.<br /> <br /> Suppose, however, that circumstances arise<br /> which may make it desirable for “ special”<br /> terms, the author being consulted in this matter.<br /> <br /> We may consider the approximate figures as a<br /> guide. The ordinary 6s. volume is taken, which<br /> costs (approximately) 1s. a copy when an edition<br /> of 3000 is printed, and sells for 3s. 73d. (gene-<br /> rally) a copy. This shows a profit of 2s. 73d. on<br /> <br /> every copy, supposing the whole edition of 3000<br /> to go off. A royalty of 21°9, or nearly 22 per<br /> cent., gives author and publisher half profits.<br /> <br /> If, f.r any reason, special terms are offered,<br /> say at 2s. a copy instead of 3s. 75d., the profit is<br /> reduced to 1s. a copy, and the royalty, giving<br /> half profit to both publisher and author, would<br /> be reduced to 83 per cent. But in the case of<br /> a large success a half profit system is unfair,<br /> because it puts the services of administration and<br /> collection on an equality with the work of crea-<br /> tion, so that the preceding must only be taken<br /> as an illustration.<br /> <br /> eas<br /> <br /> LITERARY PROPERTY.<br /> <br /> <br /> <br /> I.—Hieu Court oF &#039;Justice—CHANCERY<br /> Division.<br /> <br /> (Before Mr. Justice STrRLING.)<br /> RUSKIN UV. COPE BROTHERS AND CO. (LIMITED).<br /> <br /> This was a motion on behalf of Mr. John<br /> Ruskin, the well-known author, asking for an<br /> injunction to restrain the defendants from selling<br /> or offering for sale any book or works being<br /> piracies of the plaintiff&#039;s works or infringements<br /> of his copyright therein, and particularly a book<br /> entitled ‘Cope’s Smokeroom Booklets, No. 13. .<br /> John Ruskin.” The defendants were manu-<br /> facturers of and dealers in tobacco, and it<br /> appeared that for advertising purposes they had<br /> published a series of booklets consisting of<br /> extracts from the works of celebrated authors,<br /> prefaced by introductory notices and accom-<br /> panied by advertisements of their tobacco and<br /> cigars. It was their practice to send these book-<br /> lets out with the goods sold by them, and,<br /> although a small price was put upon them, they<br /> alleged that it was not their practice to offer them<br /> for sale, and that they had in fact not sold them<br /> for profit. The particular booklet in question in<br /> this action consisted almost entirely of passages<br /> reprinted from Mr. Ruskin’s ‘‘ Fors Clavigera,”’<br /> and it appeared that as soon as it came to the<br /> knowledge of Mr. Ruskin’s secretary the writ in<br /> this action was immediately issued. An injunc-<br /> tion was now applied for in the same terms.<br /> <br /> Mr. Buckley, Q.C.. and Mr. Bramwell Davis<br /> appeared for the plaintiff.<br /> <br /> Mr. Hastings, Q.C. (with whom was Mr.<br /> Dunham), for the defendants, said that he could<br /> not dispute that what had been done was legally<br /> wrong ; but as soon as the defendants found out<br /> that Mr. Ruskin objected to it they at once took<br /> steps to call in the copies already issued by them,<br /> As counsel on behalf of the defendants, he was<br /> willing to submit to a perpetual injunction in<br />  <br /> <br /> <br /> 236<br /> <br /> the terms of the notice of motion, and his clients<br /> were ready to give an undertaking not to issue<br /> any further copies of the booklet and to do their<br /> best to get in the copies which they had already<br /> called in, and to make an affidavit verifying the<br /> number of copies published and the disposal<br /> thereof, and to deliver up to the plaintiff for<br /> cancellation all such parts of the booklets in their<br /> possession as were piracies of the plaintiff&#039;s works,<br /> and, moreover, to pay the costs of the action.<br /> They were also willing that the hearing of the<br /> motion should be treated as the trial of the<br /> action.<br /> <br /> These terms having been accepted by the plain-<br /> tiff, the case came to an end.—From the Tvmes,<br /> Nov. 25, 1893. :<br /> <br /> <br /> <br /> TI.—Botron County Court.<br /> (Before His Honour Judge Jones.)<br /> ACTION BY A JOURNALIST ARTIST.<br /> <br /> Charles George Harper, artist, of London, who<br /> was represented by Mr. Cannot, barrister, in-<br /> structed by Messrs. Judge and Priestley, London,<br /> sued Messrs. Tillotson and Son for £30 9s. 10d.,<br /> alleged to be due for drawings and contributions<br /> supplied by him for publication in the Wheeler.<br /> Mr. M. Fielding, solicitor, appeared for the<br /> defence.—Mr. Cannot said plaintiff was an artist<br /> of distinction, and a contributor to various impor-<br /> tant newspapers of sketches and articles upon<br /> topics of interest. On March 26, 1892, he received<br /> a communication inviting contributions, and<br /> plaintiff thereupon sent a letter with a sketch and<br /> an article, fixing his price. From April, 1892,<br /> down to June, 1893, he supplied various drawings<br /> and sketches, amounting in all to £81 14s. 10d.<br /> Certain of these were used, and £51 5s. had been<br /> paid to him for them. The balance constituted<br /> the claim. The reason that had not been paid<br /> was that defendants contended they had not to<br /> pay for things they did not use, but plaintiffs<br /> contention was that their letters indicated an<br /> agreement that he should send them sketches and<br /> articles for which he should be paid whether used<br /> or not.—Mr. Fielding intimated that his defence<br /> was that his clients were not to pay for unused<br /> material.—A lot of correspondence was then gone<br /> through by Mr. Cannot. In conclusion he pointed<br /> out that defendants had mistaken their legal<br /> position. The fact that they had received certain<br /> blocks established plaintiff&#039;s claim —Harper was<br /> then sworn. He tendered evidence in accordance<br /> with counsel’s opening statement. In cross-<br /> <br /> examination he admitted that many of his<br /> drawings would have been just as good three<br /> years hence as they would if published in 1892.<br /> —Mr. Fielding, for the defence, remarked it<br /> <br /> THE AUTHOR.<br /> <br /> <br /> <br /> might have been better had the parties had a<br /> more explicit agreement. Harper had been told<br /> both in Bolton and at the Crystal Palace that he<br /> was not to be paid until articles were used.—<br /> Mr. Wm. Fairhurst deposed to having several<br /> conversations with Harper, whom he told they<br /> would not pay for unused matter. Further,<br /> Harper admitted to him, in regard to another<br /> case, that the contributor ought not to be paid<br /> till the contributions were used.—Mr. Win.<br /> Brimelow, one of the partners in the firm of<br /> defendants, said he also told Harper they did<br /> not pay for unused contributions. Cross-<br /> examined by Mr. Cannot, he said they could<br /> keep matter sent to them till the sender requested<br /> its resurn.—His Honour summed up, and held<br /> that the letter early in 1892 was an agreement<br /> that Harper should be paid whether his contri-<br /> butions were used or not. The subsequent con-<br /> versations did. not constitute a fresh agreement.<br /> He gave a verdict for the plaintiff, less £2 2s.,<br /> the price of a drawing rejected.—Bolton Evening<br /> News.<br /> <br /> <br /> <br /> Til.—“ A Royvauty AGREEMENT,<br /> <br /> The following is a printed form tendered<br /> recently to an author :—<br /> <br /> “Memorandum of agreement made this<br /> day of between (author), for himself, his<br /> executors, administrators, and assigns, of the one<br /> part, and (publisher), for himself, his executors,<br /> administrators, and assigns, of the other part.<br /> Whereas the author is the proprietor of the copy-<br /> right in a work entitled , which he<br /> has requested the publisher to publish on the<br /> terms and conditions hereinafter appearing, it is<br /> hereby agreed between the author and publisher<br /> as follows :—<br /> <br /> 1. The author guarantees that there is copy-<br /> right in the said work in the United Kingdom,<br /> and that he is the proprietor thereof. Should<br /> the publication of the said work subject the pub-<br /> lisher to any legal proceedings, civil or criminal,<br /> the author undertakes to indemnify the publisher<br /> against all fines, damages, costs, expenses, OF<br /> liabilities which the publisher may incur in or<br /> in connection with such legal proceedings.<br /> <br /> 2. Subject to the provisions of this agreement,<br /> the publisher shall have the sole right to publish<br /> the said work in the British Dominions during<br /> the term of copyright by law conferred therein<br /> upon the author, and shall further have the sole<br /> right as between himself and the author, to<br /> publish the said work in all other countries unless<br /> and untii the right of publication in any such<br /> country is assigned as provided in clauses 9 and<br /> 10 hereof.<br /> <br /> 3. All details as to the time and manner of<br /> <br /> <br />  <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> publication, production, and advertisement, and<br /> the number and destination of free copies, sball<br /> be left to the sole discretion of the publisher, who<br /> shall bear all expenses of production, publication,<br /> and advertisement, except the amount (if any) by<br /> which the cost of corrections of proofs, other than<br /> printer’s errors, at per printer&#039;s invoice, exceeds<br /> an average of five shillings per sheet of sixteen<br /> pages of printed matter, which amount shall be<br /> borne by the author.<br /> <br /> 4. When the first or any later edition of the<br /> said work has been sold out, the publisher shall<br /> not be bound to reprint the said work if he con-<br /> siders its past sale not to warrant such reprint ;<br /> but if, when any such edition is exhausted, the<br /> publisher shall not, within one month after<br /> receiving a request in writing from the author to<br /> publish a further edition, decide to publish such<br /> further edition, the author shall be at liberty to<br /> make such arrangements as he thinks fit for the<br /> publication of any further edition or editions of<br /> the said work, provided that he take over the<br /> moulds, stereo-plates, or electro-plates, or other<br /> similar plant used for or taken from any previous<br /> edition at their net cost as per invoice.<br /> <br /> 5. The published price of the first edition<br /> shall, on publication, be 3s. 6d. per copy, but the<br /> publisher shall have the power in his discretion<br /> to alter the published price of any edition as he<br /> may think fit, and to sell the residue of any<br /> edition at a reduced price, or as a remainder.<br /> <br /> 6. Subject to the payment of the royalties<br /> hereinafter mentioned, all proceeds of the sale of<br /> editions, remainders, or copies of the said work<br /> in the British dominions, or elsewhere, shall be<br /> received by and be the property of the publisher.<br /> <br /> 7. The author shall be entitled to receive on<br /> publication, six presentation copies of the first<br /> edition of the work, and three copies of every<br /> subsequent edition, and shall be entitled to pur-<br /> chase further copies for personal use at half the<br /> published price net.<br /> <br /> 8. The publisher shall pay to the author no<br /> royalty on the first 1000 copies sold, but on all<br /> copies after the said 1000 have been disposed of<br /> the publisher shall deliver to the author on the<br /> 29th day of September in each year a statement<br /> of the number of copies sold, whether singly, or<br /> in editions, or remainders, and whether in the<br /> British dominions or elsewhere, during the year<br /> before the preceding 30th day of March, with<br /> the price or prices at which such copies were sold,<br /> and shall, at the time of such delivery, pay to<br /> the author on all such copies sold at above half<br /> their published price a royalty of 10 per cent. on<br /> their published price, and all such copies sold at<br /> or below half their published price, a royalty of<br /> 10 per cent. on the net receipts of such sales. In<br /> <br /> VOL, Iv.<br /> <br /> 237<br /> <br /> calculating such royalties, thirteen copies shall<br /> be reckoned as twelve, and no royalties shall be<br /> paid upon any copies presented to the author, or<br /> others, or to the Press, or upon copies destroyed<br /> by fire.<br /> <br /> g. Except as provided in clause [reference<br /> omitted, but apparently 11] hereof, the copy-<br /> right, whether English or foreign, in the said<br /> work, including the rights of translation, drama-<br /> tisation, and publication of any dramatic version<br /> thereof, shall not be sold, assigned. or trans-<br /> ferred by the author, either as a whole, or for a<br /> limited time, or over a limited space, without the<br /> consent of the publisher.<br /> <br /> 10. In the case of works which have not copy-<br /> right in the United States, and in view of the<br /> frequent necessity of immediate action in such<br /> cases, the publisher shall have full power, without<br /> consulting the author, to sell, assign, or transfer<br /> advance rights, or stereo-plates, electro-plates, or<br /> shells of the said work for use in the United<br /> States, together with ‘control of the market,”<br /> meaning thereby an agreement that no right to<br /> publish the said work in the United States shall<br /> be sold or assigned to any other person by the<br /> author or original publisher thereof, and the<br /> author agrees to execute on request any do ‘ument<br /> which may be necessary or expedient to carry<br /> this clause into effect.<br /> <br /> 11. That the proceeds of the sale or transfer of<br /> <br /> copyright, as defined in clause 9 hereof, or of the<br /> sale, transfer, or assignment of any of the interests<br /> defined in clause 10 hereof, for use in the United<br /> States, shall be received by the publisher, and<br /> be divided in the proportion of one-half to the<br /> author and one-half to the publisher, such<br /> amounts to be payable as and when provided in<br /> clause 8 hereof. In the case of stereo-plates,<br /> electro-plates, or shells, sold under clause 10<br /> hereof, the net proceeds of the sale, after deducting<br /> the invoiced cost of their production, shall be<br /> received, divided, and paid over in the same<br /> way.<br /> 12. The author undertakes, at the request of<br /> the publisher, and on receiving a suitable indem-<br /> nity against costs (if any), to take all proceed-<br /> ings necessary to enforce his copyright in the said<br /> work, whether in the British dominions or else-<br /> where, and to allow his name to be used by the<br /> publisher in all proceedings, and to comply with<br /> all formalities of registration or deposit of<br /> copies necessary to acquire or protect copyright,<br /> whether in the United Kingdom or elsewhere,<br /> aid to allow his name to be used by the pub-<br /> lisher for the purpose of compliance with such<br /> formalities.<br /> <br /> 13. The author guarantees to buy from the<br /> publisher for cash 500 copies at 2s. per copy<br /> <br /> U<br /> 238<br /> <br /> net. As witness the hands of the parties hereto,<br /> the day of the year first above written.”<br /> <br /> The preceding is the actual agreement repro-<br /> duced word for word. The following are a few<br /> notes of explanation :<br /> <br /> Clause 1. For instance, if the publisher be pro-<br /> ceeded against by the printer for not paying his<br /> pill, would the author have to indemnify him?<br /> For, certainly, this might be described as an<br /> action arising out of publication.<br /> <br /> Clause 2. What is the meaning of the words<br /> in the second clause, “as between himself and<br /> the author”? Does this clause mean that the<br /> publisher shall have all the rights—American and<br /> continental ? If not, what does it mean ?<br /> <br /> Clause 3. This is a very comprehensive clause.<br /> The publisher claims complete control: (1) Over<br /> time of publication. He may therefore put it off<br /> as long as he pleases. (2) Over the manner of<br /> production. Does this mean the form and<br /> price of the book? (3) Corrections are allowed<br /> up to five shillings a sheet. What is the connec-<br /> tion between words and money and time in the<br /> item of corrections ?<br /> <br /> Clauses 8 and 13. The author is to pay £50<br /> down on account of expenses, é.e., he is to buy<br /> 500 copies at 2s. each. One would like to know<br /> what will be the further expense in the production<br /> of the book. Then the publisher puts in his own<br /> pocket, as well, the whole proceeds of the next 500.<br /> When 1000 copies are sold the author’s royalties<br /> begin at the magnificent rate of 10 per cent., 2.e.,<br /> 4id. a copy.<br /> <br /> But the publisher may sell it at half, or less<br /> than half the price, in which case the author is to<br /> get only 10 per cent. of the sum realized.<br /> <br /> Clause 9.—The author seems called upon in<br /> this clause, for no consideration whatever, to<br /> place all his dramatic rights, and the right of<br /> translation, in the absolute power of the pub-<br /> lisher.<br /> <br /> Clauses 10 and 11.—The publisher demands<br /> 50 per cent. for acting as a literary agent in<br /> placing the book in America. The agent does it<br /> for 10 per cent., and sometimes less. It would<br /> seem, also, that if the literary agent does the<br /> work, the publisher shall also have 50 per cent.<br /> <br /> These are a few points rising out of this<br /> remarkable agreement. A publisher is certainly<br /> within his right in making any stipulations and<br /> terms he pleases. We do not deny that right.<br /> It is for the author, before accepting these terms,<br /> to ascertain what they mean.<br /> <br /> <br /> <br /> IV.—A PossisLE APPLICATION,<br /> We have abstained from figures in considering<br /> he clauses of this agreement because we do not<br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> know the length of the MS. or the proposed form<br /> of the book. Let us now, however, take an<br /> imaginary case worked out on the terms of the<br /> agreement.<br /> <br /> We will set down—see “ Cost of Production,”<br /> p. 27—the cost of producing and advertising a<br /> book of 192 pp., in small pica, 29 limes to a page,<br /> and 253 words to a page, as, for the first 1000,<br /> £70, the cost of production of the next 3000 as<br /> £110.<br /> <br /> Now, the publisher sells to the author 500 at<br /> 2s., and to the trade 450 at 1s. 11d. He then<br /> prints a second edition of 3000, of which he sells,<br /> say, 1500 at 1s. 11d. He then, we will suppose,<br /> reduces the price to half, and sells the remaining<br /> 1500 at that price. He sells advance sheets to<br /> America for £50, and the right of translation<br /> into French for £10. How does the account<br /> stand according to our figures ?<br /> <br /> Receipts :— £ 3.8<br /> From the author’s contribution ...... 0 0 6<br /> From the trade for the first edition,<br /> <br /> abs) lid. 95 43.2.8<br /> From the second edition, 1500 at<br /> <br /> 18, LiQs ose ee 143 15 O<br /> 1500 ab 18. OG. cevcsecpeer nruerensseeees 2ST 5 @<br /> <br /> £368 2 6<br /> <br /> Cost of production :—- 2 se<br /> The first 6d1Hi0On = 00s eee 70 0 8<br /> The second edition ................006- 110 6 @<br /> <br /> Author’s royalties, 10 per cent.,<br /> 4id. On 1500 COpies ..............-.+ 26 5 ©<br /> Author’s royalties 10 per cent. on<br /> <br /> <br /> <br /> <br /> <br /> SUM FORMBCO |... 132.8<br /> Publisher’s profit: ...............0s:eeeee 148 15 0<br /> £368 2 6<br /> <br /> So that by this agreement, after the whole 4000<br /> are gone, the author&#039;s little perquisites amount to<br /> £39 7s. 6d., towards his first advance of £50,<br /> and the publisher’s to £148 15s.! There are also<br /> the American rights and the rights of translation,<br /> of which the publisher takes 50 per cent. ! And<br /> the author has, one supposes, the right to dispose,<br /> somehow, if he can of the 500 for which he<br /> paid.<br /> <br /> It may be objected that we have taken an<br /> imaginary case: that the book in question would<br /> not sell to anything like this extent; that it had<br /> illustrations, but none were mentioned in the<br /> agreement; that the figures of cost, &amp;c., are all<br /> wrong. The answer 1s, that it is permissible to<br /> apply the terms of any agreement to any imagi-<br /> nary case, if it is a reasonable and a possible case.<br /> But we have taken a possible and a common case,<br /> and on the supposition of certain sales have shown<br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> what this agreement would, in such a case, lead<br /> to.<br /> <br /> Another way of looking at the agreement is<br /> this: According to our figures every copy after<br /> the first 1000, would cost 84d. At the trade<br /> price of 1s. 11d. we should have this result :<br /> <br /> The author, after the first 1000, having advanced<br /> already £50, would receive 43d. a copy.<br /> <br /> The bookseller would receive a profit of 73d.<br /> <br /> The publisher would receive a profit of 10d.<br /> <br /> At the half price rate the author would receive<br /> 10 per cent. on the amount realised, 7.e., 10 per<br /> cent. on 21d., or 2;,d.—poor wretch !<br /> <br /> The bookseller makes a profit of gid.<br /> <br /> The publisher makes a profit of 9 ‘od.<br /> <br /> <br /> <br /> V.—A Nonpescriet AGREEMENT.<br /> <br /> Here is another agreement which may be added<br /> to the many in the “Methods of Publishing.”<br /> We live and learn the ways of the ingenious pub-<br /> lisher. This time the terms are very simple.<br /> The author is to receive £25 if the three volume<br /> novel sells 250 copies. He is to receive £25 if a<br /> new edition is produced. Finally, he is to receive<br /> a third and last payment of £25 if 5000 copies<br /> are sold of the cheap edition.<br /> <br /> We are not concerned with what happened to<br /> this book, whether it was successful or not.<br /> The point for our readers to consider is that<br /> terms were offered which in the event of the<br /> greatest possible success limited the author’s<br /> returns to £75, and gave the publishers all the<br /> rest !<br /> <br /> <br /> <br /> ViI.—Wuar Constirures a CxLaim to Copy-<br /> RIGHT ?<br /> <br /> Mr. Fisher Unwin refuses permission to pub-<br /> lish the correspondence mentioned in the last<br /> number of the Author, on the ground that it would<br /> be incomplete. He does not state in what respects<br /> it would be incomplete ; nor how he knows that it<br /> would be incomplete ; nor does he offer to make it<br /> complete. Therefore the answer to this question<br /> wil] want the interesting illustration we proposed<br /> to give it by publishing this correspondence.<br /> <br /> <br /> <br /> <br /> <br /> Oe<br /> <br /> OMNIUM GATHERUM FOR DECEMBER.<br /> <br /> What is good for the swarm is good for the bee.—M.<br /> AURELIUS ANTONINUS.<br /> <br /> <br /> <br /> Subjects for Treatment.—Texts from the Tal-<br /> mud, as enunciated in the Quarterly Review<br /> article of July, 1867; the Mending of the House<br /> of Lords, with special reference to Lord Salis-<br /> bury’s and Lord Dunraven’s Bills of 1888; the<br /> <br /> VOL. Iv.<br /> <br /> 239<br /> <br /> Riddle of the Universe, as solved by Mr. Faw-<br /> cett; Mr. Keir Hardie’s Nationalisation of Mines<br /> Bill; the Choice of an Executor; Professional<br /> Etiquette ; the Cultivation of the Cranberry ; the<br /> Special Taxation of Pluralist Directors, and of<br /> Foreign Barley; the Bank of England; the<br /> Consolations of Illegitimacy; Overwork; the<br /> Subjugation of Dipsomania by Hypnotism ;<br /> Christmas in Dublin.<br /> <br /> Grace Aguilar.—She was (so Ilearn from Mrs.<br /> Crosland’s “Landmarks of a Literary Life’’)<br /> descended from one of those Spanish-Jewish<br /> families who fled from persecution under Ferdi-<br /> nand and Isabella. Though by no means rich,<br /> she refused Mr. Colburn’s liberal offer to write a<br /> history of the persecution of the Jews in England<br /> because she did not choose “ to revive the memory<br /> of half-forgotten wrongs.” A little later, her<br /> income having slightly increased, she wrote to<br /> the editor of a magazine to which she contri-<br /> buted, volunteering to accept half the sum which<br /> she had been accustomed to receive, so that there<br /> might be a surplus for those who wanted the<br /> money more than she did.<br /> <br /> “ The Daily Paper.’—This remarkable literary<br /> adventure of Mr. Stead deserves, I think, the<br /> cordial support «f authors, if I may judge from<br /> the sample number published with the “ Review<br /> of Reviews Annual.” It is with great satisfac-<br /> tion that I see it is to have machine-cut pages, a<br /> front paged indexed table of contents, and adver-<br /> tisements careful y distinguished from news<br /> Absit all spookage !<br /> <br /> Control of Literature by Advertisers.—Writes<br /> Mr. Vizeteily in his “Glances Back through<br /> Seventy Years,” ‘‘ Cyrus Redding,” writes he,<br /> “ mentions that Colburn used to say that a hundred<br /> pounds laid out discreetly in advertising would<br /> make any book go down with the public, as the<br /> expenditure of this amount materially influenced<br /> the criticisms.” How we have changed since Col-<br /> burn’s time!<br /> <br /> The Lind Abridgment.—It is good news that<br /> an abridged edition of J. Lind’s biography is<br /> about to be issued by the authors. It is dis-<br /> tressing to reflect that it might be no breach of<br /> copyright if this were done by strangers, but<br /> consoling that other intending biographers may<br /> take the hint and cut their stories short. Very<br /> few of the biographed are worth more than one<br /> volume of 800 pages, and even Lord Shaftesbury<br /> and Dr. Pusey might have been presented in<br /> some 1000 pages apiece, whereas the one had<br /> three volumes, and the other is now having<br /> four.<br /> <br /> Publication of our Names.— We of the Authors’<br /> Society now number 1141 persons. Rightly or<br /> <br /> v2<br /> <br /> <br />  <br /> <br /> 240<br /> <br /> wrongly, we have hitherto abstained from divulg-<br /> ing our names. Why should not this secrecy<br /> cease, and a printed list of all our members be<br /> circulated amongst us? Our too modestly budding<br /> Shakespeares and Sapphos, and any other<br /> members who wished to remain anonymous,<br /> could still have their wishes respected, as the<br /> name list might conclude with the words, “In<br /> addition to the above there are also [39 or 47<br /> or as the case may be] members of the Society,<br /> who for various reasons do not wish their names<br /> to be published.”<br /> <br /> Finis.—“ There is an end to everything, even<br /> to Wimpole-street,” as Sydney Smith said just<br /> before his death, and these Omnium Gathera,<br /> in which I have been babbling on since January<br /> last, now have their end, as it is high time they<br /> should. A merry Christmas to all!<br /> <br /> J. M. Lety.<br /> <br /> es<br /> <br /> THE LITERARY AGENT.<br /> <br /> <br /> <br /> HE onslaught upon the Literary Agent, lately<br /> made by a publisher in the Athenewn,<br /> will prove useful if it leads us to consider<br /> <br /> the position and the functions of the Literary<br /> Agent, and the reasons, for or against, the placing<br /> of business arrangements in his hands. Those of<br /> us who choose to work through an agent are<br /> actuated by the following reasons (they are put<br /> as briefly as possible) :—<br /> <br /> 1. We desire to free ourselves from the trouble<br /> and worry of managing our own affairs.<br /> <br /> 2. Trouble and worry and fighting—not to say<br /> humiliation—seem to us inevitable in the present<br /> chaotic condition of publishing, unless the author<br /> is foolish enough to place himself unreservedly<br /> in the hands of his publisher; that is to say, to<br /> accept a business man’s own estimate of the<br /> value of his services.<br /> <br /> 3. We desire to have a man of business to<br /> make our arrangements for us with a man of<br /> business. He must be a man who understands<br /> thoroughly what is meant by every form of<br /> publishing agreement; he must be a man of<br /> undoubted integrity ; and he should be a persona<br /> grata to honourable publishers.<br /> <br /> 4. We desire also to have a man of business<br /> thinking and working for us, not only administer-<br /> ing the affairs of the present, but also arranging<br /> those of the future.<br /> <br /> 5. We certainly do not desire that injustice<br /> should be committed towards publishers in our<br /> interests.<br /> <br /> 6. We do not find that the employment of an<br /> agent has in the slightest degree affected the<br /> <br /> THE AUTHOR.<br /> <br /> <br /> <br /> friendly relations which exist between ourselves<br /> and our publishers.<br /> <br /> 7, We find that the freedom of mind and<br /> the absence of pecuniary anxiety which we<br /> enjoy in consequence of an agent’s care for our<br /> interests is a boon which cannot be measured by<br /> money.<br /> <br /> 8. Given a publisher who desires to treat an<br /> author honourably, that is to say, on terms<br /> which between men of business are considered<br /> honourable, what objection can he _ possibly<br /> have to arranging these terms with an agent<br /> instead of an author ?<br /> <br /> g. It is alleged that the literary agent insists on<br /> a life long agreement. We have never made<br /> any such agreement.<br /> <br /> 10. When a publisher cries out upon the<br /> literary agent it must be remembered that it is<br /> not he, but the author, who pays the agent.<br /> Why, then, does he complain? The answer is<br /> obvious. Why, the thing is so thin that a child<br /> can understand it.<br /> <br /> 11. When a publisher cries out that the literary<br /> agent deprives him of his friend, why was<br /> the friendship destroyed? That friendship<br /> which survives the appearance of the literary<br /> agent upon the scene is the only kind of<br /> friendship between author and publisher which<br /> is desired.<br /> <br /> 12. When a publisher complains of the literary<br /> agent taking ten per cent. for his services, the<br /> answer is that the amount of the commission<br /> must always be an arguable quantity, but it is<br /> at least a good deal lower than that demanded<br /> by many publishers when they propose to take<br /> 50 per cent. for arranging American copyright<br /> or continental rights.<br /> <br /> On the other hand, it may be stated—<br /> <br /> 1. That the agent may be dishonest. That is<br /> very true. For instance, there is an agent who is<br /> said to have a commission for taking authors to<br /> a certain House. Against dishonesty the only<br /> guard is experience. At the Society we have<br /> experience and cannot only warn, but recommend.<br /> Between a dishonest publisher and a dishonest<br /> agent the choice is between the devil and the<br /> deep sea.<br /> <br /> 2. There are authors who think themselves<br /> strong enough to conduct their own affairs and<br /> to arrange their own engagements. One or two<br /> may be, and are, actually srtong enough. Many<br /> of those who think themselves so are living in a<br /> fool’s paradise. But undoubtedly those who do<br /> know the truth about publishing and are not<br /> afraid or ashamed to make their own terms do<br /> not want an agent.<br /> <br /> 3. The young writer who is as yet unknown<br /> and has no clientele does not want an agent. Let<br /> <br /> <br />  <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> him work on, making some kind of a name for<br /> himself gradually or by a single coup. When he<br /> has done so an agent may advantageously take<br /> him in hand.<br /> <br /> ee<br /> <br /> EROTION.<br /> <br /> Martial Epig. : Book V., 38.<br /> <br /> <br /> <br /> Far fairer did my darling seem<br /> Than ev’n the full-plum’d swan ;<br /> <br /> No lamb beside Tarentum’s stream<br /> Matched my Erotion !<br /> <br /> More exquisite she was to me<br /> Than the most lustrous pearl<br /> <br /> Of Lucrine lake or Persian sea,<br /> My peerless little girl!<br /> <br /> The lily in its purest prime,<br /> The snow’s unsullied fall,<br /> The ivories of Orient clime,<br /> Whiter was she than all!<br /> <br /> Her hair surpassed the coils that crown<br /> The maidens of the Rhine,<br /> <br /> The dormouse with its golden down,<br /> Theria’s fleeces fine.<br /> <br /> Sweet was her breath as Paestan bowers,<br /> As amber all a-glow,<br /> <br /> Or honey freshly hived from flowers<br /> That on Hymettus blow.<br /> <br /> The squirrel by her side had been<br /> Bereft of all its grace,<br /> The peacock paltry ’mid its sheen,<br /> The Phoenix commonplace !<br /> * * * * * * *<br /> <br /> Scarce cold upon the new-made pyre<br /> My pretty darling lies ;<br /> <br /> The Fates were wrought with envious ire<br /> To rob me of my prize;<br /> <br /> And ere six years she’d counted quite,<br /> In her sixth winter-tide,<br /> <br /> My pet, my plaything, my delight,<br /> My own Erotion died !<br /> <br /> Yet Paetus who himself displays<br /> The wildest of despair,<br /> <br /> (He’s pummelled now his chest for days,<br /> And pulled ont half his hair !)<br /> <br /> Paetus is pleased to rally me<br /> On being a little sad—<br /> <br /> “ What! snivelling for a slave!” sneers he,<br /> ‘You surely must be mad!<br /> <br /> “Why I have lost a wife, endowed<br /> With all the world could give,<br /> <br /> Riches, position, lineage proud,<br /> Yet I contrive to live!”’<br /> <br /> With resignation truly rare<br /> Our friend ’gainst trouble strives ;<br /> He finds himself a millionaire,<br /> Yet, strange to say, survives !<br /> Wiiiiam TOYNBEE.<br /> <br /> 241<br /> NOTES AND NEWS.<br /> <br /> \ CARD is before me bidding me to the unveil-<br /> ing of the Lowell window at Westminster<br /> on Wednesday, the 28th. The address will<br /> <br /> be—by this time has been—given by the ight Hon.<br /> Arthur Balfour. It will certainly be—have been<br /> —an excellent address. Mr. Balfour has shown<br /> on several occasions, but especially in a certain<br /> Rectorial address, the possession of what are<br /> recognised asthe literary gifts. But why should<br /> Mr. Balfour be called upon to speak on this<br /> occasion? The gift of the window was set on<br /> foot chiefly by a committee of literary men and<br /> women; the subscriptions, although they include<br /> some from Lowell’s friends not of the literary<br /> craft, came chiefly from literary men and women.<br /> Tt is essentially a gift from literary folk to a<br /> man of letters. Therefore the address should<br /> have been delivered by an English man of<br /> letters. Why did not the chairman of the com-<br /> mittee himself, Mr. Leslie Stephen, perform this<br /> duty? He would have been acknowledged by<br /> everybody as the right man. In the selection of<br /> Mr. Arthur Balfour I recognize the same spirit<br /> which excluded men of letters from the great<br /> Function in Westminster Abbey of 1887. Let<br /> them stand aside—humbly—in a corner, while<br /> their betters speak. In the same way, to speak<br /> of a smaller thing, when the Jeffries bust was<br /> put up in Salisbury cathedral, not a single<br /> member of the committee—who were all men of<br /> letters—was invited. In the same way, at the<br /> annual dinner of the Royal Literary Fund<br /> the nen of letters are made to know their place,<br /> which is down below, while the Chairman is sup-<br /> ported right and left by a row of noble lords.<br /> When will men of letters learn to take their<br /> proper place in all things literary’ That place<br /> is in the front; if oratory is wanted, it is for<br /> them tofindit. The emancipation of the author<br /> from the man with the bag must be accompanied<br /> by the elevation of the author to the leadership<br /> in his own craft and all that belongs to it.<br /> <br /> <br /> <br /> <br /> <br /> -—e ~--<br /> <br /> The above was written in anticipation. As<br /> everybody has learned, with the greatest regret,<br /> Mr. Balfour was on the day confined to his<br /> room with influenza. Mr. Leslie Stephen did,<br /> after all, deliver the address, and proved the<br /> fitness of a literary man in things literary. What<br /> has been written, however, may stand.<br /> <br /> <br /> <br /> One may conjure with the name of Bronte.<br /> Everything connected with that strange family<br /> ig curious and significant. All their history, from<br /> the great-grandfather downwards, goes to build<br />  <br /> <br /> 242<br /> <br /> up Charlotte. Dr. William Wright’s new book<br /> («The Bronté Family”: Hodder and Stoughton)<br /> takes us back to the ancestors, and restores them<br /> to the world. Now we know how they got their<br /> gift for story telling and from whom. ‘This is a<br /> season wonderfully rich in biographical work and<br /> memoirs and reminiscences, but this book is to me<br /> by far the most striking and the most interesting<br /> —even more interesting than Sir Walter Scott’s<br /> Letters. To say that it is as interesting as a<br /> novel is nothing, because novels are very often<br /> horribly dull. To say that no novel of the year<br /> equals it in interest is nearer the cold, unvar-<br /> nished truth.<br /> <br /> <br /> <br /> There are no shilling shockers this year. Were<br /> there any last December? Or the year before ?<br /> Is it possible that they have all perished without<br /> a single tear? Only yesterday, standing at a<br /> bookstall, I became aware of their absence. Some-<br /> thing jarred. The coloured Christmas pictures had<br /> just awakened a fond reminiscence of the bilious-<br /> ness peculiar to the joyous festival now within<br /> sight. One had become seasonably uncomfort-<br /> uble — Christmassy irritable. ‘I&#039;hen, to repeat,<br /> something jarred. Where were the shilling<br /> Christmas stories ? Where indeed? Where are<br /> they gone, the old familiar covers ? And to think<br /> that in my time I have written about fifteen,<br /> more or less! Six—from 1876 to 1881—were<br /> written in collaboration for Mr. Charles Dickens.<br /> One as a private venture, and a very good venture,<br /> too. Five more alone for Mr. Charles Dickens.<br /> And then four for Mr. Arrowsmith. And now, I<br /> suppose, no one will ever write any more. Is it,<br /> then, a lost industry ? But the illustrated papers<br /> remain. Courage, camarades, le Diable est mort!<br /> <br /> <br /> <br /> I beg to express in this column my appreciation<br /> of Rider Haggard’s Mexican story. I do so<br /> while I am fresh from reading it at two pro-<br /> longed sittings. The glow and glamour of the<br /> romance are still upon me. I have been, I am<br /> still, in Mexico among the Aztecs. Long years<br /> ago, when I read Prescott’s “History of the<br /> Conquest of Mexico,” something of the same<br /> glamour fell upon me. He, too, could charm<br /> his readers, and take them with him to the<br /> wondrous city of Mexico. The great distinguish-<br /> ing quality of Rider Haggard, which he un-<br /> doubtedly possesses in a very high degree, is this<br /> magic power of seizing and holding his readers,<br /> so that they become absorbed and abstracted from<br /> all earthly things while their eyes devour the page,<br /> and their minds are far away among the creations<br /> of the author&#039;s brain. This is a great gift. One<br /> <br /> would not compare in these pages one living<br /> <br /> THE AUTHOR.<br /> <br /> <br /> <br /> writer with another, nor would one assign to this<br /> man so much, and to another so much more or<br /> less. Also a writer’s power is not the same over<br /> every reader. His mesmeric influence is strong<br /> over some minds, weak over others. My own<br /> mind, for instance, is most readily subjugated by<br /> Rudyard Kipling and by Rider Haggard.<br /> <br /> <br /> <br /> I read a notice of “ Montezuma’s Daughter ”<br /> inan evening paper. It was not so much a notice<br /> as a dissection. ‘“ Here,’ said the writer, “we<br /> have a shipwreck; we know very well that the<br /> hero will get to shore; and we guess what will<br /> happen next; here is a coincidence—why—we<br /> knew it was coming.” Andso on. All this was<br /> quite true, perfectly true. But—without coinci-<br /> dence, dangers, escapes, where is pure romance<br /> of the sixteenth century? There is but one bag<br /> of tools for the romance writer. You might just<br /> as well complain because an architect follows<br /> well-known plans, and has his arch, his Corinthian<br /> column, or his porch of columns. The dissection<br /> was perfectly correct, no doubt. But when you<br /> have finished the dissection, what next? Can<br /> anyone, by assisting at the dissection, become a<br /> writer of romance? Will the learned dissector,<br /> if he is a novelist, take his bag of tools and make<br /> a romance and let it be compared with ‘“ Monte-<br /> zuma’s Daughter”? Or, if he is not a novelist,<br /> but a critic, will he name a romance of adventure<br /> which he would compare with “ Montezuma’s<br /> Daughter”? A romance must have “ grip’—<br /> that is the first essential ; it must hold the reader<br /> spellbound to the finish. This romance possesses<br /> the quality of “grip” in an eminent degree.<br /> What should a novelist most pray for? Grip.<br /> And next? Grip—And then more grip.<br /> <br /> <br /> <br /> Mr. Robert Sherard’s book on Zola will be<br /> read by everyone who reads the “Master.”<br /> A man’s life is not, it is true, completed until it<br /> is closed. Many things may happen to Zola<br /> before the end—great and good things, one<br /> hopes and expects. But the world is not content<br /> to wait; it wants to know something about the<br /> young days, the days of small things, the wrong<br /> starts, the struggles to win the lowest rung of<br /> the ladder. These are things of the greatest<br /> interest, and it is well that they should be written<br /> of Emile Zola. The one indispensable condition of<br /> an incomplete biography is that it should be<br /> written with the full consent and knowledge of<br /> the subject. In this case not only did Emile<br /> Zola consent to the work proposed by his friend<br /> and disciple, but he gave the writer every possible<br /> assistance and information. The result is a work<br /> conceived and executed in perfect taste, with the<br /> <br /> <br />  <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> proper reticences, and yet the fullest information.<br /> We see how Zola, the son of a man who was<br /> half Venetian and half Greek, and of a mother<br /> who was wholly French, brought up in Provence,<br /> inherited the imagination and the ardour of the<br /> South with the common sense and the artistic<br /> sense of France. The story of his father’s<br /> struggles and success, and of his death at the<br /> very moment of success, is told too briefly. How<br /> Zola worked ; how he starved; how he climbed<br /> upwards, making his failures, as Augustine made<br /> his sins, stepping-stones to achievement ; this is<br /> a new chapter in the history of men who have<br /> made their literary way. Paris has always its<br /> Balzacs and Zolas, starving and working and<br /> hoping. It has also those who starve and work<br /> and hope in vain. Young Zola, or young<br /> Balzac, in this country, would find a temporary<br /> home on the Daily News or the Daily Chronicle.<br /> <br /> <br /> <br /> A writer, under the nom de plume of<br /> “Tngenue,” sends me, in vindication of her<br /> remarks upon critics, a small collection of critical<br /> remarks upon her recent work. These extracts<br /> show most astonishing disagreement on the book.<br /> If they were seriously advanced as an example<br /> of the present condition of English criticism, they<br /> would at once prove criticism to be a mockery,<br /> literary standards as not existing, and literary<br /> judgment as much a matter of chance as the deci-<br /> sions of the great Judge Brid’oison. Here are<br /> the conflicting gems. Is it possible to explain—<br /> to reconcile—judgments so opposite? Ihave not<br /> read the book, and therefore I am not expected<br /> to add another judgment to this long list of oppo-<br /> sites :<br /> <br /> 1. The temerarious reader who pursues this story to the<br /> end will put straws in his hair, and be dealt with by the<br /> Commissioners of Lunacy.<br /> <br /> 2. There are points about it which make portions not<br /> merely readable, but even exciting and engrossing.<br /> <br /> 3. We have never read a more absurdly-planned book.<br /> <br /> 4. The tale itself is highly emotional, cleverly constructed,<br /> and ably written throughout.<br /> <br /> 5. This is a clever book in parts. . . It is the<br /> kind of book to keep one awake all night, for it defies the<br /> best intentions of the reader to lay it aside.<br /> <br /> 6. An outstanding merit of the novel is that the writer<br /> has a secret worth the keeping, and that he keeps it securely<br /> locked till almost the very close of a delightful novel.<br /> <br /> 7. It is difficult to believe that any but an enforced reader<br /> will arrive at the end of this ill-constructed, ill-imagined<br /> story.<br /> <br /> 8. Confusion reigns supreme. A farrago of weari-<br /> some improbability put together in a manner that makes it<br /> a sort of puzzle not worth while to solve.<br /> <br /> g. The plan is hardly a success. . . The story is odd,<br /> oe and exciting—altogether a most tantalising<br /> <br /> ook,<br /> <br /> 10. This curious story keeps the reader wide awake from<br /> cover to cover. We gladly recommend as a dish<br /> <br /> <br /> <br /> 243<br /> <br /> likely to suit all who relish humour, pathos, romance, and<br /> unconventionality.<br /> <br /> 11. The two talk such tiresome twaddle that the bored<br /> and bewildered reviewer gives the whole thing up.<br /> <br /> 12. To attempt a description of the plot would be to<br /> destroy the prospective reader’s pleasure. The<br /> reader is hurried from in a most bewildering and<br /> exciting manner. Thestory . is well written<br /> and amusing.<br /> <br /> 13. The author may have aimed at originality or at a<br /> practical joke; but the originality is elaborated to boredom,<br /> and the joke is hidden by a pile of words.<br /> <br /> 14. The confused jumble the stilted phraseology<br /> <br /> will be taken as evidence of the amateur’s ineptitude.<br /> <br /> 15. We must find room to commend to all who want<br /> a good story. We should hope that, like all the novels of its<br /> class, this story will have success. Unlike many in its class,<br /> it will have deserved it.<br /> <br /> 16. Mr. is not a genius, and his freak distinctly<br /> bores us.<br /> <br /> 17. Difficult to come across a more utterly foolish novel.<br /> <br /> <br /> <br /> <br /> <br /> —<br /> <br /> It is only in works of imagination—poetry,<br /> drama, fiction—that one comes across such extra-<br /> ordinary opposite opinions. How, one asks in<br /> wonder, can the same work strike men of sound<br /> mind and, presumably, literary experience so<br /> differently ? It may be suggested that some of<br /> the opinions come from the critics of the Stoke<br /> Pogis Express. Not so ; they appear in the papers<br /> to which one commonly sends books. I do not,<br /> of course, suggest for a moment that any one<br /> of these judgments is wrong, Nothing would<br /> induce me, after these judgments, to read the<br /> book with the intention of adding another. But,<br /> like “Ingenue” herself, whose language and<br /> thought seemed to me those of exaggeration, I<br /> ask whether a book can be at the same time dull<br /> and exciting, foolish and interesting, successful<br /> and a failure, ably planned and absurdly planned,<br /> twaddling and well written, a confused jumble<br /> and likely to suit all who like humour and<br /> pathos?<br /> <br /> <br /> <br /> The one truth which seems to come out of<br /> these contradictory opinions is that the book<br /> possessed at least strength and originality enough<br /> to compel attention. It was able to exercise a<br /> a certain amount of magnetism over its readers.<br /> This is evident from the direct outspoken abuse<br /> and praise which it called forth. Feeble books<br /> get feeble notices; commonplace books are<br /> dismissed with commonplace remarks; the first<br /> proof of the critic’s ignorance, as of his incom-<br /> petence, is his hesitation about saying a single<br /> word of direct praise; it is easier to find fault.<br /> Anyone can pretend to pick holes; to praise a<br /> book for its style, its dialogue, its characters, is to<br /> pin yourself down. In order to go so far the<br /> critic must not only read the book, but he must<br /> know something of his trade.<br /> 244<br /> <br /> ’<br /> <br /> « Add to your ‘ Warnings,’” writes a corre-<br /> spondent, “this very necessary one, ‘ Do not sign<br /> any agreement or consent to any terms after<br /> lunch or dinner.’ When the champagne is flowing<br /> keep a head cool enough, at least, to refuse the<br /> discussion of business. And keep also one eye<br /> upon your host; if he lets his glass stand full<br /> while you are atways filling your own, put on the<br /> whole armour of suspicion’? This seems excel-<br /> lent advice. Is not the custom of taking a glass<br /> over a bargain, part of the old game of getting<br /> the better of the other man by making him drunk ?<br /> “ Will you walk into my parlour ?” said the spider<br /> to the fly. ‘Here is champagne—let us drink.<br /> Your glass stands full—pass the bottle—drink<br /> about. Another y Nonsense, man, it won’t hurt<br /> you. So—and another. What a good, what an<br /> excellent writer you are! Iam honoured only by<br /> your acquaintance! To publish your books is more<br /> than an honour; it is immortality. Here is the<br /> agreement—allow me to fill up—Ah!- success to<br /> your new book! We must drink that. Here is the<br /> agreement—and a pen; your name here, if you<br /> please. Thanks—thanks—one more glass? John,<br /> a cab for th&#039;s gentleman.”<br /> <br /> <br /> <br /> One may be mistaken, but there seem to me<br /> signs of an approaching change in the treatment<br /> of love by women in fiction. It is not going to<br /> be of less importance to life than men have made<br /> it; on the contrary, it will be of greater import-<br /> ance. But it will be treated more realistically<br /> from the womau’s point of view, which is a com-<br /> paratively new thing, a sign of independence.<br /> This change is illustrated by a story in Olive<br /> Schreiner’s little bundle of three. It is the last<br /> of the three, and is called “The Policy in Favour<br /> of Protection .’ The author makes one of her<br /> characters speak of love and when it means<br /> marriage. She says—<br /> <br /> Have you thought of what love is between a man and a<br /> woman when it means marriage? That long, long life<br /> together, day after day, stripped of all romance and<br /> distance, living face to face: seeing each other as a man<br /> sees his own soul? Do you realise that the end of marriage<br /> is to make the man and woman stronger than they were ;<br /> and that if you cannot, when you are an old man and woman<br /> and sit by the fire, say, ‘ Life has been a braver and a freer<br /> thing for us, because we passed it hand in hand, than if we<br /> had passed through it alone,’ it has failed? Do you care<br /> for him enough to live for him, not to-morrow, but when he<br /> is an old, faded man, and you an old, faded woman? Can<br /> you forgive him his sins and his weaknesses, when they<br /> hurt you most? If he were to lie a querulous invalid for<br /> twenty years, would you be able to fold him in your arms<br /> all that time, and comfort him, as a mother comforts her<br /> little child? ~<br /> <br /> This is essentially the woman’s view. The man cares<br /> <br /> nothing and thinks nothing except of the woman<br /> whom he loves. All novels have hitherto ended<br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> in the man obtaining his desire. The wedding<br /> bells rmg. Thetaleis ended. And afterwards<br /> The woman thinks of that, you see. For her the<br /> story is only beginning. Again—another glimpse<br /> of womanhood :<br /> <br /> The mother heart had not swelled in me yet; I did not<br /> <br /> know all men were my children, as the large woman knows<br /> when her heart is grown.<br /> <br /> <br /> <br /> “ T’homme qui fait des souliers est stir de son<br /> salaire: homme qui fait un livre n’est jamais stir<br /> de rien.” The above comes from Marmontel. It<br /> is sent to me asa contribution to the subject of the<br /> author’s position. The same kind of thing has<br /> been said over and over again. And it seems to<br /> me foolishness. And since a good many of my<br /> readers have literary aspirations, I will show them<br /> why they must not adopt such an illustration of<br /> the literary profession. The author who wants to<br /> sell a book may be exactly like the shoemaker<br /> who wants to sella shoe. ‘hat is to say, if the<br /> shoemaker is engaged to make a shoe he always<br /> gets paid ; if an author is engaged, he gets pad<br /> too. If the artist in leather is not engaged for<br /> the job, but simply offers his shoe as a work of<br /> art to the public, he is just like the author who<br /> offers a book which the public have not asked for.<br /> If he is a popular author, the public do, in a<br /> sense, invite him or engage him. The profound<br /> Marmontel, like so many other people, confuses<br /> the literary and the commercial value of a book.<br /> The author who does good work and gets it pub-<br /> lished is quite sure, sooner or later, of getting<br /> recognition for his genius, his scholarship, his<br /> powers. But he is not quite sure, until he<br /> becomes popular, of getting dollars to any extent<br /> that will recompense him for his labours, as other<br /> kinds of work are recompensed. That is one<br /> reason why we should dissuade everybody from<br /> relying on literature as a profession. It can be<br /> followed very well with other and more lucrative<br /> work. One who does so follow it—as supplemen-<br /> tary to the bread winning—may lead the happiest<br /> lite in the world, because the attempt to make<br /> literature is the happiest kind of work that there<br /> is in the world. Watter BxEsant.<br /> <br /> aa<br /> <br /> FEUILLETON.<br /> <br /> I.—Tue Lrapren Puivm.<br /> <br /> T was, to look at, a lovely plam, ripe, covered<br /> with a delicate bloom, delicately coloured,<br /> sweetly rounded ; it was such a plum as one<br /> <br /> would choose out of the whole heap; it looked as<br /> if it had been gathered that very day from a<br /> southern wall, built by ancient men of good red<br /> brick, warmed through and through by three<br /> <br /> <br /> <br /> <br /> <br /> <br />  <br /> <br /> THE AUTHOR.<br /> <br /> hundred summer suns—a wall well known to wasp<br /> and humble bee ; and it lay upon the mantelshelf<br /> in Alf Kerb’s room. And when he had finished<br /> the simple toilette with which he prepared for<br /> the day’s labours, he put that plum in his pocket,<br /> lit his pipe, assumed his hat, and sallied forth.<br /> <br /> There was no one in the coster trade who could<br /> surpass Alf Kerb, whether as a salesman or as<br /> one who always guessed, by singular prescience,<br /> that delicate and uncertain thing—what the<br /> public want. He was proud of his cart, and<br /> proud of his trade. He did himself well, and he<br /> did his girl well. In the matter of honesty<br /> especially he prided himself. Some costers give<br /> short weight. Not Alf. His scales were open to<br /> the inspector at any time. And as for value—<br /> of course, one only had to taste ’em and try ’em<br /> before you buy ’em.<br /> <br /> “It’s plums to-day,” said Alf; and he dropped<br /> that lovely plum from the mantelshelf into his<br /> pocket—one would think, to the total destruction<br /> of its delicate bloom.<br /> <br /> There was certainly no more honest coster in<br /> the whole town. Alf always said so himself.<br /> Religious, too. He had several times been seen at<br /> evening service before the costers’ supper. _ In his<br /> early manhood he was one of those who subscribed<br /> towards the famous Presentation Donkey, the<br /> testimonial of the trade to Lord Shaftesbury.<br /> And at a friendly lead, or in case of any trouble<br /> connected with the coppers and the beak, no one<br /> was readier than Alf Kerb.<br /> <br /> He had every reason, therefore, to be satisfied<br /> with himself, and he sallied forth that morning,<br /> his long coat tails flying all abroad, a little red<br /> feather in his hat, a scarlet tie-handkerchief<br /> round his neck, and his pipe in his mouth, the<br /> envy of his less successful rivals, the object of<br /> deepest admiration to the ladies of the model<br /> dwelling houses where he lived. But he was un-<br /> moved by envy as by admiration, He would have<br /> wished, such was the nobility of his nature, that<br /> a success equal to his own might be achieved by all<br /> who followed the fortunes of the coster’s cart.<br /> And, as regards the latter, his heart was true to<br /> his own gal. Other maidens might sigh, but<br /> they had no chance.<br /> <br /> The top of the profession.<br /> lay that lovely plum.<br /> <br /> “It’s plums to-day,” said Alf.<br /> <br /> A beautiful day in early September. The strong<br /> and swift tide of human life swept and surged,<br /> high tide at nine in the morning, low tide at<br /> noon, high tide again at five, round the asphalted<br /> road opposite Broad-street Station and Broad-<br /> street, where the costers ever crawl, and the news-<br /> paper men continually do bawl. Among the<br /> carts was that of Alf Kerb himself. It was<br /> <br /> VOL. Iv.<br /> <br /> And in his pocket<br /> <br /> 245<br /> <br /> moving at a snail’s pace—no one could “ move<br /> on” with less alacrity than Alf, and he was inviting<br /> the passers-by to taste ’em and try ’em—taste ’em<br /> and try ’em, before you buy ’em. The cart was<br /> piled up with plums, rapidly diminishing in bulk,<br /> and tickets in blue and gold proclaimed the<br /> amazing nature of the “value” and the wonder-<br /> ful lowness of the price. A customer—another—<br /> a third. The eyes of the policeman at the corner<br /> watched the plum merchant as he rapidly weighed<br /> out his fruit by the pound—by the two pound—<br /> by the three pound. Presently, from a look of<br /> curiosity the policeman’s eyes changed to a look<br /> of the deepest interest. For he remarked a very<br /> singular thing. The coster, with every purchase,<br /> pulled a plum out of his left-hand pocket, placed<br /> it in the scale among the other plums, took it out,<br /> and dropped it in his pocket again before he<br /> poured the plums of that purchase into the paper<br /> bag.<br /> <br /> The policeman drew nearer; he watched more<br /> intently; had any of the people rushing past<br /> observed him they might have warned Alf Kerb<br /> that he was under surveillance. But the un-<br /> happy young man noticed not. He was driving<br /> a brisk trade, and the plum went backwards and<br /> forwards continualiy.<br /> <br /> Then a hand was laid upon his shoulder.<br /> * What have you got in your pocket ?”’ asked the<br /> policeman.<br /> <br /> * Nothink,” Alf replied, in the language of his<br /> profession.<br /> <br /> “Let me see that plum in your pocket.”<br /> <br /> “TL ain’t got no plum.”<br /> <br /> “You come along o’ me,” said the official.<br /> ‘“ Bring yer barrer.”’<br /> <br /> Worship-street is not far off. Before the luck-<br /> less merchant could realise what had happened,<br /> his cart was in charge of the police, and he<br /> himself was waiting his turn.<br /> <br /> The evidence against him stated that he had<br /> seen the man take a plum out of his pocket, lay<br /> it in the scale, and put it back in his pocket with<br /> every purchase, so that the customer was<br /> defrauded to the extent of the weight of that<br /> plum, which was, in fact, constructed of lead, and<br /> artfully painted so as to appear only a simple<br /> natural plum. He also informed his worship that<br /> this false plum weighed 73oz. so that the<br /> customer who bought a pound of plums only<br /> obtained 850z., which was a fraud to the extent<br /> of nearly 50 per cent.<br /> <br /> Asked what he had to say, Alfred Kerb<br /> declared, with tears in his eyes, that everybody<br /> always did it; that a man must live; that his<br /> expenses of rent, barrow, stock, and scales, living,<br /> and keeping company with his girl, rendered it<br /> absolutely necessary for him to practice secret<br /> <br /> x<br /> <br /> <br />  <br /> <br /> <br /> 248<br /> <br /> Mozely gave us a record of clerical life, as<br /> <br /> well academic as parochial, and the profession of<br /> letters is not unfairly represented by the similar<br /> <br /> works of the two ‘Trollopes, To us,<br /> Mill’s Autobiography seems to be as in-<br /> comparably — the English classic of the<br /> former kind, as Pepys’ Diary is generally<br /> <br /> acknowledged to be of the latter. The author of<br /> the memorial verses in Punch (whoever he may<br /> have been) wrote of Mill: “ This rebel craved one<br /> loved and loving rule,’ which seems to sum up<br /> the whole matter, showing us why his doctrines—<br /> being rebellious—are often severely handled,<br /> while his autobiography is always treated<br /> with respect and reverence. But it is rather<br /> with the works which aspire to be classed<br /> with Pepys’ Diary that we have to deal with<br /> here, bemg the more frequent. A recent writer<br /> says somewhere that when he writes a work of<br /> travel he will tell what people said, rather than<br /> what he saw and what they did; which remark<br /> led us to reflect that, of all literary tasks, to<br /> record talk and conversation must be one of the<br /> most difficult—if we would be faithful. It is to<br /> this art that “ Boswell’s Johnson ” owes its charm,<br /> but then that work, though it might fairly be<br /> called a volume of reminiscences, is not autobio-<br /> graphical. We have one book in which an excess<br /> of conversation is recorded, but in such a way<br /> that the author made himself conspicuous as the<br /> typical example of a parasite and a political<br /> hanger-on, and that book is the “ Diary of George<br /> Bubb Dodington, Baron of Melcombe-Regis.”<br /> It is often said that it is a great point in literature<br /> so to open the discourse as to excite interest in<br /> the main rather than in any minor motif of the<br /> work. In his “Life of Balzac,” Mr. Wedmore says :<br /> “The very first sentence of the Curé de Tours is<br /> a proof how well the craftsman knew his craft.<br /> ‘In the beginning of the year 1826 the principal<br /> person in this history—the Abbé Birroteau—on<br /> his way home from the house at which he had<br /> been spending the evening, was surprised by a<br /> shower.’ The sentence strikes the keynote ; it is<br /> never lost sight of—the abbé and his small dis-<br /> comforts are in our mind to the end.” On this<br /> principle the opening sentence of Dodington’s<br /> Diary ought to excite our very greatest sympathy.<br /> “ The Diary. 1749.—In the beginning of the year<br /> I was grievously affected with the first fit of the<br /> gout, which with a fall that strained one leg and<br /> wounded the other, confined me to my chamber<br /> near three months.”<br /> <br /> With our compassion thus aroused, let us con-<br /> sider some of his conversations as he records them.<br /> We may note it as curious that Dodington, like<br /> Pepys, held a post in the Admiralty, but at a<br /> time when the quarrels of the king and the<br /> <br /> THE AUTHOR.<br /> <br /> <br /> <br /> prince made them tout to the courtiers for their<br /> support quite as often as the courtiers ever begged<br /> for place at the royal hands. The prince desired<br /> to secure the services of Dodington, and the<br /> interview is thus described :—<br /> <br /> Juxy 18.—After dinner, he took me into a private room,<br /> and of himself began to say, that he thought I might as well<br /> be called treasurer of the chambers as any other name; that<br /> the Earl of Scarborough, his treasurer, might take it ill if I<br /> stood upon the establishment with higher appointments than<br /> he did; that his royal highness’s destination was, that I<br /> should have £2000 per annum. That he thought it best to<br /> put me upon the establishment at the highest salary only,<br /> and that he would pay me the rest himself. I humbly<br /> desired that I might stand upon the establishment without<br /> any salary, and that I would take what he now designed for<br /> me when he should be king, but nothing before. He said that<br /> it became me to make him that offer, but it did not become<br /> him to accept it, consistent with his reputation, and there-<br /> fore it must be in present. He then immediately added,<br /> that we must settle what was to happen in reversion, and<br /> said that he thought a peerage with the management of the<br /> House of Lords, and the seals of Secretary of State for the<br /> southern province, would be a proper station for me,<br /> if I approved of it. Perceiving me to be under much<br /> confusion at this unexpected offer, and at a loss how to<br /> express myself, he stopped me, and then said, “I now<br /> promise you on the word and honour of a prince that,<br /> as soon as I come to the crown, I will give you a peerage<br /> and the seals of the southern province.’ Upon my<br /> endeavouring to thank him, he repeated the same words,<br /> and added (putting back his chair), ‘and I give you leave<br /> to kiss my hand upon it now by way of acceptance ; ” which<br /> I did accordingly.<br /> <br /> If this interview really took place, and the offer<br /> was really made, we do not see how Dodington<br /> could have described it better. Let us take a<br /> conversation four years later which Dodington<br /> had with the princess.<br /> <br /> She [the princess] thought they [the ministry] had very<br /> few friends, and wondered at their not getting more, and<br /> that it was their cowardice only which hindered them ; that<br /> if they talked of the king she was out of patience; it was<br /> as if they should tell her, that her little Harry below would<br /> not do what was proper for him; that just so, the king<br /> would sputter and make a bustle, but when they told him<br /> that it must be done, from the necessity of his service, he<br /> must do it, as little Harry must when she came down. I<br /> replied, I was sincerely sorry, not for the present, but that I<br /> apprehended this want of real, attached, and declared<br /> friends might produce ugly consequences and contests in<br /> case of a demise. . . That for the ministers she<br /> had never seen them in her life. Madame, says I, your<br /> royal highness will forgive me, but if I had not catched<br /> myself I was just going to say, lord, madam! what<br /> do you mean?—I mean, answered she, just as I<br /> say; the only way I could see them in the prince’s<br /> time I don’t call seeing them; and since that time, I have<br /> never seen the Duke of Newcastle what I should call more<br /> than once, but as I am speaking to you with great exact-<br /> ness, it was twice; and I have not seen Mr. Pelham at all,<br /> no—not once.<br /> <br /> These and similar conversations are found<br /> between records of matters of fact, some of great<br /> moment, such as (1751)—<br /> <br /> Dec. 12.—This day died Lord Bolingbroke ;<br /> <br /> <br /> <br /> <br />  <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> and others of trivial such as<br /> R754)<br /> <br /> I went to the House to vote for the liberty to import<br /> champagne in bottles. Lord Hillsborough moved it; Mr.<br /> <br /> Fox seconded it. We lost the question—ayes, 74; noes,<br /> 14].<br /> <br /> We have afterwards conversations at one time<br /> with Mr. Fox, and at another with Mr. Pitt,<br /> in which, even if their opinions are misrepre-<br /> sented, they are made to talk very sensibly.<br /> When we remember that Dodington considered<br /> himself a patriot—and dedicated his book to<br /> such—we ought surely to consider that some of<br /> the evil attached to his name is due to the fact<br /> that it is impossible to record the sayings and<br /> doings of men in high places without seeming to<br /> put oneself and one’s own concerns more in the<br /> foreground than is proper. So that Doding-<br /> ton’s Diary is as much a warning to the would-<br /> be diarist as Pepy is an example.<br /> <br /> When we pass from our own literature to other<br /> times and other tongues, two classics confront us,<br /> the “ Confessions of Augustine ” and the “ Confes-<br /> sions of Rousseau.” They are held to be the only<br /> writers who have ever been able to lay bare their<br /> inmost selves to the delight or disgust of their<br /> readers. Some think that Augustine’s life as he<br /> records it has quite a modern aspect, if we make<br /> due allowance for the difference in manners of<br /> different ages. The clever youth who passes with<br /> success through the educational course of his<br /> time, and afterwards leads a somewhat idle and<br /> perhaps a somewhat godless life, becomes con-<br /> verted, he takes orders, and eventually becomes<br /> a bishop. If that were the whole story there<br /> must be many such men in every Christian com-<br /> munion. But it is not the whole story, for if we<br /> correct our estimate of the “ Confessions” by, e.g.,<br /> the Oxford translation of Fleury, which deals<br /> with Augustine, his other writings, and his epis-<br /> copate, it is clear how the spirit of intolerance<br /> was the main spirit, the life and soul of<br /> Christendom. No person of authority m any<br /> communion, Puritan, Anglican, Roman, or<br /> Greek, would be allowed to-day to disturb the<br /> peace for the sake of teaching theology. We<br /> are to remember also that Augustine speaks of<br /> himself as a professor of rhetoric, and there is<br /> certainly a rhetorical insincerity about his “ Con-<br /> fessions’”? which make us value it far less than<br /> “‘ Pilgrim’s Progress”’ as a record of that strange<br /> mental attitude and its consequences which the<br /> religious call “conversion.” It must also be<br /> admitted that the atmosphere of such literature<br /> is an artificial one. With Rousseau, however,<br /> matters are quite different, he never steps much<br /> out of the world with its ordinary human passions ;<br /> but we cannot find ourselves able to sympathise<br /> <br /> importance,<br /> <br /> 249<br /> <br /> with those who speak of Rousseau as selfish and<br /> vain. We think him of all men the most to be<br /> pitied. Too little attention has been paid to one<br /> or two facts he has recorded, because they are<br /> not of nature to be discussed, except perhaps by<br /> the surgeon and pathologist. It is sufficient to<br /> say that he tells us he had been an invalid and a<br /> sufferer from childhood. If we place this fact<br /> beside his susceptibility to feminine influence, it<br /> is not surprising that he should have been<br /> morbidly sensitive lest his malady should be dis-<br /> covered. The last translation of Rousseau’s<br /> “ Confessions” we have seen is that in the<br /> “Masterpieces of Foreign Literature” (Stott),<br /> and, though a very useful edition, it is as well<br /> to remember that George Eliott said it would be<br /> worth while learning French to read the original.<br /> Je WS:<br /> [We were in error last month in saying that<br /> Mr. Saintsbury’s prefatory essay to the “ Pen-<br /> tameron” was not published for the first time. ]<br /> <br /> set<br /> <br /> THE LOWELL MEMORIAL IN WEST-<br /> MINSTER ABBEY.<br /> <br /> N R. LESLIE STEPHEN, on Nov. 28,<br /> NN unveiled the memorial which has been<br /> <br /> placed in honour of the late James Russell<br /> Lowell at the entrance to the Chapter-house,<br /> Westminster Abbey. The memorial includes a<br /> window and a bust underneath, which is said<br /> to be an admirable likeness of the late American<br /> Minister. The window has been erected by Messrs.<br /> Clayton and Bell, and consists of three lights. In<br /> the centre is the figure of Sir Launfal, from<br /> Lowell’s poem of that name, below is an angel with<br /> the Holy Grail, and in the lowest compartment<br /> the incident of Sir Launfal and the leper is repre-<br /> sented. The right light has the figure of St.<br /> Botolph, the patron saint of the church at Boston,<br /> Lincolnshire, from which the Massachusetts city,<br /> Lowell’s birthplace, derived the name; below is<br /> the landing of the Pilgrim Fathers. The light<br /> on the left contains the figure of St. Ambrose,<br /> one of the reputed authors of the Te Deum<br /> Laudamus; below is a group representing the<br /> emancipation of slaves. In trefoils above the<br /> side-lights are shields bearing the arms of the<br /> United States and the United Kingdom.<br /> <br /> Mr. Leslie Stephen said that he was under-<br /> taking a task which had been imposed upon him<br /> very much against his will. He had hoped that<br /> the address in commemoration of Lowell would<br /> have been delivered by Mr. Arthur Balfour, who<br /> had unfortunately fallen a victim to the fiend<br /> influenza. As he had the honour of being chair-<br /> <br /> <br />  <br /> <br /> 252<br /> to fill it sufficiently taxes our powers. But<br /> when we were eighteen it was otherwise. We<br /> <br /> then stood on the threshold of the world, and<br /> were most anxious to take up a great deal of<br /> room in it. We were desperately afraid of lead-<br /> ing a dull life. We longed for a career. We<br /> wanted something to do that seemed worth doing,<br /> and that others thought worth doing, for at that<br /> age we attached immense importance to the<br /> opinion of those around us.<br /> <br /> It was this phase Thackeray realised when he<br /> made Ethel plunge headlong into the social com-<br /> petition she despised, because she could see no other<br /> channel for her energy and ambition, and I should<br /> like to claim for him that, if he failed to compre-<br /> hend women, at least he understood girls.<br /> <br /> Jussie M. Barrer.<br /> — — exc.<br /> <br /> AMERICAN WOMEN AS JOURNALISTS.<br /> <br /> <br /> <br /> N England women journalists are something<br /> of an experiment. In the United States<br /> they are a firmly established institution.<br /> <br /> There no newspaper worthy of the name is with-<br /> out one woman special at least, while the majority<br /> of the large dailies employ all the way from three<br /> to fifteen on the staff. In London only occasion-<br /> ally do we hear of a special woman commissioner.<br /> I attribute this fact not so much to the prejudices<br /> of the newspaper proprietors and editors as to the<br /> difference between the English and the American<br /> woman. The English girl is brought up in the<br /> belief that ‘ A woman’s noblest station is<br /> retreat,” while the American girl, from her<br /> earliest childhood, has instilled into her mind the<br /> principles of independence, and she begins early<br /> to ponder on the subject of how to earn her own<br /> living. An English woman, although she may<br /> write just as well as her American cousin, con-<br /> siders it more womanly to confine her talents to<br /> the making of poetry and sending contributions<br /> to the various weekly and monthly periodicals,<br /> than to go into an office and do general newspaper<br /> work. Not so with the American. She has a<br /> longing to be in the world of men, to become part<br /> and parcel of the great bustle of our large cities.<br /> She goes to an editor and says, “I want to bea<br /> reporter. I can write well, and I’m not afraid of<br /> work. Have you any room forme?” Then she<br /> is asked to go out and write up the opening of a<br /> fashionable millinery establishment, bring in an<br /> account of the next fire that occurs in her neigh-<br /> bourhood, or to furnish an original idea that will<br /> make the paper go. If she proves herself capable<br /> in any of these lines, she will probably go to work<br /> at space rates, taking assignments from the city<br /> editor, doing her work always under the super-<br /> <br /> THE AUTHOR.<br /> <br /> <br /> <br /> vision of his blue pencil. Then if she is discovered<br /> to possess the requisite talent, nerve, and what is<br /> known in journalistic circles as “ getthereative-<br /> ness,” she is given a place as a regular salaried<br /> member of the staff and left to work her way<br /> from the bottom rung of the ladder to the top.<br /> To be a success as an American journalist, it is<br /> not necessary to be an eloquent or deep writer;<br /> but brightness, originality, and perfect fearless-<br /> ness are essential qualities. The woman journalist<br /> knows from the start that she must make her<br /> copy “snappish”’ and entertaining, and her great<br /> ambition always is to get a “ scoop” on the other<br /> city papers. About a year ago Miss Blank, a<br /> young woman employed on a Chicago paper, dis-<br /> covered that the society writer on another daily<br /> had got hold of some important news in relation<br /> to a fashionable divorce case, an account of which<br /> was to be published the next morning. It was<br /> late in the afternoon, and Miss Blank could think<br /> of no legitimate means of obtaining the desired<br /> information, but she went somewhat on the prin-<br /> ciple that ‘“All’s fair in love and war and<br /> journalism.” She disguised herself, and, mas-<br /> querading as a book agent, made a tour of the<br /> <br /> . composing-room of the opposition paper, and<br /> <br /> while petitioning the foreman and the proof<br /> reader to look over her wares, she ran her eye<br /> along the corrected proofs of the divorce scandal,<br /> made a mental note of certain important items,<br /> returned to her own office and fixed up her copy.<br /> In the morning her rival did not make its<br /> expected “scoop.”<br /> <br /> But let it not be supposed that American women<br /> journalists are cold - hearted and unprincipled.<br /> The girl who accomplished the above feat is one<br /> of the most indefatiguable workers among the<br /> poor and outcast women in Chicago. In all our<br /> large cities many a criminal has been run down<br /> and brought to justice by women reporters, and<br /> hundreds of hungry children are fed and clothed<br /> through the same agency. Thus these women<br /> are enabled to do much good while they are<br /> making notes for startling newspaper revelations,<br /> and it will be seen that sensational journalism<br /> has its good as well as its bad points.<br /> <br /> A really successful woman journalist does a<br /> man’s work and receives a man’s pay. If<br /> employed on a morning paper she rarely leaves<br /> the editorial office before two o’clock in the morn-<br /> ing, and sometimes later, for she generally revises<br /> her own proofs and writes her own headlines.<br /> She must be ever ready with ideas, and when<br /> asked to write on a certain subject, she seldom<br /> says “I can’t.” Ishall never forget an incident<br /> that happened to me when I first started out in my<br /> journalistic career. I had been employed about<br /> <br /> a year as reporter on a prominent western paper,<br /> <br /> <br />  <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> and was the only woman on the staff. One Sun-<br /> day morning, about two o&#039;clock, I was putting on<br /> my wraps preparatory to leaving the office, when<br /> the managing editor rushed over to me, and said,<br /> “ There’s half a column editorial space. I wish<br /> you would write me an editorial on ‘ Are Women<br /> Natural Liars ?’ taking the affirmative side.” I<br /> had no time to argue the pros and cons of the<br /> question with him. It was, ‘‘ Mine not to reason<br /> why.” At 2.301 knew all the editorial page must<br /> be set up, and I had only half an hour, so I<br /> wrote the article, giving many reasons that might<br /> go to prove that my own sex were natural hars,<br /> and handed it to the editur, who read it and sent<br /> it upstairs. “You used very convincing argu-<br /> ments to prove the point, didn’t your” he said,<br /> with a suspicion of a twinkle in his eye. ‘ Yes,”<br /> I answered. “And did you believe what you<br /> wrote?” “No, certainly not,” I retorted. “I<br /> can give better points on the negative side.”<br /> “Well,” said he, laughing, “I should say that<br /> the fact of your writing that editorial would go<br /> to prove that you were right in taking the affirma-<br /> tive side.” But I had myreward. The next day<br /> my salary was increased, and I was sent off with<br /> a commission to write up the evil doings of the<br /> State Legislature, then in session, and from that<br /> time I ranked third on the staff of the paper.<br /> <br /> In the United States, journalism is one profes-<br /> sion in which women are as well paid as men,<br /> and very high salaries are received by competent<br /> workers. In some offices a number of the women<br /> reporters do not write at all. They are employed<br /> as detectives, putting themselves in the most<br /> perilous surroundings in order to obtain their<br /> notes, which are daily sent to the newspaper, and<br /> written up in proper shape by a less daring, but<br /> perhaps more eloquent person.<br /> <br /> There is always a spirit of gallantry among the<br /> male members of a staff where a woman is em-<br /> ployed, and though there is a general good cama-<br /> raderie existing between her and the men, it is<br /> never forgotten that she is a woman and entitled<br /> to certain courtesies.<br /> <br /> Very often she finds her desk brightened up with<br /> flowers, the gift of various members of the staff,<br /> and a cab is always at her service when she is<br /> doing night work and obliged to go home late.<br /> She has a notable influence on the moral atmo-<br /> sphere of the office, and although on summer<br /> days and nights many of the men do their work in<br /> shirt sleeves, which she always excuses, there is<br /> never any profanity made use of in her presence.<br /> The proprietor of a certain southern newspaper,<br /> who had always held to the old-fashioned notion<br /> that a newspaper office was no fit place for a<br /> woman, was, about two years ago, induced to take<br /> a woman on the staff on the plea that the men<br /> <br /> 253<br /> <br /> would show better behaviour. Two months<br /> afterwards he declared he should always have a<br /> woman about the place, as his managing editor<br /> had not been drunk once since the young woman<br /> entered his employ.<br /> <br /> The majority of American women journalists<br /> are young women, not by any means of the crank<br /> or dress reform order, but graceful, stylish-looking<br /> girls, who from choice or necessity go out into<br /> the world to make their way. In age they range<br /> from twenty to thirty, very few women older than<br /> that being employed. In the majority of cases, if<br /> they do not marry before that time, they give up<br /> active reportorial work and devote their talents to<br /> amore solid kind of literature. When they do<br /> marry, it is generally in their own profession, and<br /> they go on with journalistic work in conjunction<br /> with their husbands.<br /> <br /> The number of women journalists in the United<br /> States is steadily increasing, and there are many<br /> American editors who insist that the best,<br /> cleverest, and most thorough work on our news-<br /> papers is done by women.<br /> <br /> EuizasetH L. Banks.<br /> <br /> —— oi ont ————___——<br /> <br /> THE SOCIETY OF AUTHORS AND COPY-<br /> RIGHT QUESTIONS.*<br /> <br /> By S. S. Spriaax, late Secretary to the Committee of<br /> Management, and W. Ourver Hopes, late Hon. Secretary<br /> to the Copyright Sub-committee.<br /> <br /> <br /> <br /> HE English Society of Authors, though<br /> always, it is hoped, in sympathy with<br /> abstract principles of justice, has been so<br /> <br /> busy with the practical evils besetting the calling<br /> of letters, that it has had but little time to spare<br /> from the ills that are, for the consideration of the<br /> good that might be.<br /> <br /> True Copyright—Should it be World-wide and<br /> ’ Time-long ?<br /> <br /> That true copyright should be world-wide and<br /> time-long is just one of those propositions that<br /> we have never tried to find much time to con-<br /> sider, for, whatever it should be, it never will be<br /> either.<br /> <br /> All those who are in the habit of talking or<br /> writing concerning literary property from the<br /> standpoint of persons desiring to safeguard it,<br /> fall into the habit of comparing it as much as<br /> possible with other forms of property, because<br /> they find by experience that it is easy to get an<br /> <br /> * This paper was read before the Congress in Literature<br /> at Chicago in July, 1893. The cross-headings in italics are<br /> the subjects upon which the organizers of the Congress<br /> desired the representatives of the Society of Authors to<br /> inform them.<br /> <br /> ¥.<br />  <br /> <br /> 254<br /> <br /> audience to appreciate the sanctity of the owner’s<br /> right in—say—houses, stocks, shares, &amp;c., and<br /> so, by transition, easy to demonstrate the sanctity<br /> of the rights of an author in his brain-work,<br /> while it is very difficult to convince even an author<br /> of this sanctity by merely alluding to copyright<br /> questions. But this does not, or should not, blind<br /> the most enthusiastic champion of the writer&#039;s<br /> rights to the fact that there are differences—<br /> practical and sentimental—between a house and<br /> a book, between a mine and a poem, between a<br /> ground-rent and a copyright.<br /> <br /> That True Copyright should be World-wide.<br /> <br /> To put this thesis in other words is to propose<br /> that the author should have the sole right to<br /> permit multiplication of copies of his work in<br /> other lands, and in other languages. In this way<br /> it sounds so reasonable that it might be thought<br /> impossible to suggest anything against it. And<br /> there is nothing serious to say. The author may<br /> not know what is best for himself with regard to<br /> translation, and if his work is produced in a<br /> tongue of which he is ignorant, he will certainly<br /> be in this plight. And he may be ignorant of<br /> what constitutes his best chance of favourable<br /> reception in a foreign land, even though he is<br /> sufficiently master of the foreign tongue to see<br /> for himself that his work is adequately rendered.<br /> But this is nothing. The literary property is the<br /> author’s, and he has the right, among other<br /> rights, to mismanage it if he likes. But a word<br /> must be said about translation, and the position<br /> of the adequate or artistic translator. While we<br /> thoroughly recognise the right of the author<br /> in his property to extend over all the world, it<br /> must not be forgotten that the intermediate<br /> assistance of the translator is often brain-work of<br /> the highest sort, and that the translator’s right<br /> in that property is as sacred as the author’s right<br /> in the original work. The position of the trans-<br /> lator is one that must be arranged between him-<br /> self and the author, a point which was carefully<br /> provided for by the terms of the Berne Conven-<br /> tion. (Selected Artieles of the Berne Convention,<br /> I, 2, and 11.)<br /> <br /> That True Copyright should be Time-long.<br /> <br /> That true copyright should be time-long is<br /> equally a beautiful proposition, but is much more<br /> open to objections. In a developing scheme of<br /> things a finite vested right must always lead to<br /> abuse. Ground-rents, to which copyright is very<br /> aptly comparable in many ways, have led to gross<br /> abuse in more than one country, and it wants no<br /> imagination to see that, for the protection of the<br /> author’s own reputation as much as for the pro-<br /> tection of the public, it is right that a time should<br /> be fixed at which the work should pass from the<br /> <br /> THE AUTHOR.<br /> <br /> <br /> <br /> private hands of the possessor to the public care<br /> of the community. Two examples will illustrate<br /> the truth of this, and will serve as well as fuller<br /> illustration. First, suppose that the copyright of<br /> Shakespeare’s works in these days were in the<br /> possession of a very hard business man. He<br /> might corner the market in Shakespeare to the<br /> serious detriment of the public, and, perhaps, to<br /> the impairment of the poet’s reputation, he might<br /> depress the circulation. Or, again, a prudish<br /> owner might consider it his duty to omit certain<br /> passages, or even certain poems, and the result<br /> might be the mutilation or suppression of a<br /> masterpiece. These considerations make the<br /> question of time-long copyright a difficult one, We<br /> should like to say that, inasmuch as a man’s brain<br /> work is his own property, he ought to be able to be-<br /> queath it to his heirs for their good, and to secure<br /> it to them as tightly as he could desire ; and it is<br /> clear that this is the only logical opinion that can<br /> be held on the matter. If we assume that the<br /> existing law in all countries with regard to pro-<br /> perty—real or personal—is right, then an author<br /> should be given copyright in perpetuity. Weare<br /> aware that the arguments for allowing the public<br /> to enter into public possession of private property,<br /> if logically applied to other sorts of property,<br /> would land us in pronounced communism. Yet,<br /> from motives of expediency, we are not prepared<br /> to uphold the proposition that true copyright<br /> should be time-long, but inclined to think that<br /> its duration should have a limit for the protec-<br /> tion of the author’s fame; though that limit<br /> should be a very long one for the protection of<br /> his purse. That is to say, that, although it is<br /> convenient to describe literary property as<br /> exactly analogous to other property, it is for the<br /> good of the private proprietor as much as to the<br /> advantage of the public to allow an illogical dis-<br /> tinction to exist with regard to its ownership. It<br /> may be mentioned that this view of the matter<br /> was very practically taken in the first Copyright<br /> Act of England (The Act of Anne, 8 Anne, c. 19).<br /> For that Act was granted as much for the protec-<br /> tion of the public as of the author, and designed<br /> to protect the public’s interests in good books<br /> from the very abuses that we have suggested<br /> might occur if the time-long copyright, which<br /> sounds so fittmg in sentiment, were to be put<br /> into practice. For, as far as authors are con-<br /> cerned, it is doubtful whether that Act was an<br /> unmixed blessing. It conferred upon them a<br /> qualified right, whereas they already possessed in<br /> all probability an unqualified right, and, by recog-<br /> nising for them the smaller, it lost for them the<br /> greater position. But the preamble to the Act<br /> <br /> points out that copyright was granted to authors<br /> as much for the good of the public as of<br /> <br /> <br />  <br /> <br /> <br /> <br /> THK AUTHOR.<br /> <br /> the author, as it was seen that unless<br /> “learned men” receive ‘‘encouragement to<br /> compose and write useful books,’ they, probably,<br /> would not trouble to do so. How very sensible<br /> is this utilitarian view by comparison with the<br /> sentiment that an author should be hysterically<br /> willmg to take out his reward in glory! The<br /> danger that the market might be cornered, to<br /> the public detriment. was also foreseen, and power<br /> granted to the Archbishop of Canterbury to<br /> regulate the price of books. This provision is,<br /> m Mr. Lely’s opinion,‘ the origin of the existing<br /> enactments, by which the Judicial Committee of<br /> the Privy Council may, after the death of an<br /> author, licence the republication of books which<br /> the proprietor of the copyright refuses to re-<br /> publish. Some such arrangement as this might<br /> be designed, in the case of time-long copyright,<br /> to get over the difficulties arising from an abuse<br /> of property by the copyright owner; but such a<br /> body as the Judicial Committee of the Privy<br /> Council could never be an easy one to approach<br /> or move, aud it is difficult to believe that an<br /> abuse that could only be rectified by appeal to<br /> such a tribunal would not soon spring up and<br /> flourish. Another proposition has been made,<br /> which also invokes the aid of the Privy Council,<br /> and also is something in the nature of a compro-<br /> mise, being designed to benefit the private owner<br /> while protecting the public interest. It has been<br /> suggested that the author, or rather his heirs or<br /> assignees, should be placed in the existing posi-<br /> tion of a patentee, who is able to go to the Privy<br /> Council at the expiration of his privileged period,<br /> and on proving that he hasas yet not been benefited<br /> - by his privilege, to obtain an extension of that<br /> period. But the idea isnot of any great practical<br /> value, because of the small number of authors who<br /> would ever benefit under such a scheme. Those<br /> who know anything of the book market know<br /> that it has hardly ever occurred (and can hardly<br /> ever be expected to occur) that books which have<br /> failed to be profitable wares during the legal<br /> team of copyright have become more valuable<br /> property after the expiration of the term. Words-<br /> worth, however, is one such case. A third sug-<br /> gestion has been made, borrowed evidently from<br /> the jubilee regulations of the Hebraic Law. Tt is<br /> that the copyright vf an author’s work, after<br /> being public property for some reasonable time,<br /> so that the community may reasonably enjoy it,<br /> should pass back to the owner, who had inherited<br /> it or purchased the reversion. The practical<br /> difficulties in the fulfilment of any such scheme<br /> can be seen at a glance to be enormous.<br /> <br /> The objections to a time-long copyright are<br /> <br /> 1 Copyright Law Reform. By J. M. Lely, Barrister-at.<br /> Law. Office of the Incorporated Society of Authors.<br /> <br /> <br /> <br /> 259<br /> <br /> very valid, but to a world-wide copyright there<br /> are none.<br /> To pass to the next suggested theme :—<br /> <br /> * Domestic Copyright: what changes in present<br /> laws are desirable from the author’s standpoint ?<br /> <br /> The first Copyright Act was the Act of Anne<br /> <br /> (8 Anne, ¢. 19), passed in 1709, which applied to<br /> “books and writings”’ alone, and gave to authors<br /> of books then existing a copyright for twenty-<br /> one years, and to authors of books to be in<br /> future published fourteen years from publication.<br /> During the next 110 years this was supplemented<br /> by the following eleven Acts :—<br /> <br /> In 1735.8 Geo. 2, c. 13, giving copyright in<br /> engravings.<br /> <br /> In 1739, 12 Geo. 2, ¢. 36, to prohibit the<br /> importation of British books reprinted<br /> abroad, and to repeal so much of the Act of<br /> Anne as empowered the limiting of the<br /> prices of books (repealed).<br /> <br /> In 1767, 7 Geo. 3, c. 38, to render the Act of<br /> 1735 more effectual.<br /> <br /> In 1777, 17 Geo. 3, ¢. 57, to render the Acts of<br /> 1735 and 1767 still more effectual.<br /> <br /> In 1798, 38 Geo. 3, ¢. 71, giving copyright in<br /> busts and new models (repealed).<br /> <br /> In 1801, 41 Geo. 3, ¢. 107, extending copyright<br /> in books for fourteen years more, if author<br /> still living at the end of the first fourteen<br /> years (repealed).<br /> <br /> In 1814, 54 Geo. 3, ¢. 56, giving copyright in<br /> every kind of sculpture.<br /> <br /> In 1814, 54 Geo. 3, c. 156, extending copyright<br /> in books to a term of twenty-eight years<br /> certain, and the residue of the life of the<br /> author (repealed).<br /> <br /> In 1833, 3 Will. 4, c. 15, giving author of play<br /> sole liberty of representation. (Bulwer<br /> Lytton’s Act.)<br /> <br /> In 1835,5 &amp; 6 Will. 4, c. 65, to prevent the<br /> publication of lectures without consent.<br /> <br /> In 1838, 1 &amp; 2 Vict. c¢. 59, the first Interna-<br /> tional Copyright Act (repealed.)<br /> <br /> In 1842 came the Act under which we at pre-<br /> sent lie (5 &amp; 6 Vict. c. 45). The essentials,<br /> from the author’s point of view, were that<br /> the term of copyright was extended to forty-<br /> two years from publication, or till seven<br /> years from the death of the author, whichever<br /> shall be the longer, and that dramatic copy-<br /> right was also extended to musical composi-<br /> tions. During the next forty years this was<br /> supplemented by nine more Acts :—<br /> <br /> <br /> <br /> * The authors, of course, confined themselves to con-<br /> sideration of the domestic copyright of their own land, but<br /> the debate at Chicago chiefly raged round the domestic copy-<br /> right of the United States.<br />  <br /> <br /> 256<br /> <br /> <br /> <br /> In 1844, 7 Vict. c. 12, the principal existing<br /> International Copyright Act.<br /> <br /> In 1847, 10 &amp; 11 Vict. ¢. 95, the Foreign Re-<br /> prints Act, allowing the suspension by Order<br /> in Council, of the prohibition of importation<br /> of pirated books into the colonies.<br /> <br /> In 1852, 15 Vict. c. 12, an International Copy-<br /> right Act, allowing translation of political<br /> articles in foreign periodicals.<br /> <br /> In 1862, 25 &amp; 26 Vict. c. 68, for the first time<br /> giving copyright in paintings, drawings, and<br /> photographs.<br /> <br /> In 1875, 38 Vict. c. 12, the Canada Copyright<br /> Act, and 38 &amp; 39 Vict. ¢. 53, to allow the<br /> Royal assent to be given to the Canadian<br /> “ Copyright Act of 1875.”<br /> <br /> In 1876, the Customs Consolidation Act, 1876,<br /> <br /> 9 &amp; 40 Vict. c. 36, s. 42, by which there is a<br /> prohibition of importation of, and a forfeiture<br /> and power of destruction of, “ Books wherein<br /> the copyright shall be first subsisting, first<br /> composed, or written or printed in the United<br /> Kingdom, and printed or reprinted in any<br /> other country, as to which the proprietor of<br /> such copyright or his agent shall have given<br /> to the Commissioners of Customs a notice in<br /> writing, duly declared, that such copyright<br /> subsists, such notice also stating when such<br /> copyright will expire.”<br /> <br /> In 1882, the Copyright in Musical Compositions<br /> Act, 45 &amp; 46 Vict. c. 40, to protect the public<br /> from vexatious actions for unauthorised per-<br /> formances of musical compositions.<br /> <br /> In 1886, the International Copyright Act, 49<br /> &amp; 50 Vict. ¢, 33, to enable Her Majesty to<br /> accede to the Berne convention.<br /> <br /> In 1888, a second Copyright in Musical Com-<br /> positions Act, further to amend the law in<br /> the subject-matter of the Act of 1882.<br /> <br /> The result of all this legislation has been to<br /> render the copyright law of England complicated,<br /> inconclusive, incoherent, and disorderly, to a<br /> degree that is hardly credible. ‘“‘ The law,” said<br /> the Commissioners of 1878, “is wholly destitute of<br /> any sort of arrangement, incomplete, often<br /> obscure, and even when it is intelligible upon<br /> long study, it is in many parts so ill expressed<br /> that no one who does not give such study to<br /> it can expect to understand it.” ‘It cannot be<br /> said,” says Mr. Lely,? “that even the recent<br /> statutes dealing with copyright in musical com-<br /> positions show much improvement in form upon<br /> those which preceded them,” but he allows that<br /> <br /> the International Copyright Act of 1886 forms a<br /> <br /> bright exception.<br /> The Society of Authors, immediately upon its<br /> foundation, set to work to remedy this state of<br /> <br /> THE AUTHOR.<br /> <br /> from the author&#039;s standpoint 2<br /> <br /> <br /> <br /> 2 Op. cit.<br /> <br /> <br /> <br /> affairs, being reimforced in the belief in the<br /> necessity for remedial legislation by the know-<br /> ledge of the many hardships that authors have to-<br /> undergo in the present state of affairs, and by the<br /> sight of the descendants of more than one splendid<br /> literary creator in poor circumstances. A scrutiny<br /> of the names of those who have benefited by the<br /> pension list* bears out well the fact that<br /> literature has too often brought its votaries no<br /> solid reward, but those names not only do not<br /> represent the true state of affairs, but they<br /> absolutely misrepresent it. For the pensions<br /> have been granted, by Liberal and Conservative<br /> Governments alike, in a manner that is entirely<br /> at variance with the designed purpose of the<br /> fund, and the numbers who have properly<br /> obtained assistance from time to time because of<br /> their distinction in literature, science, and art,<br /> bear no proper numerical proportion to the<br /> numbers who have been pensioned for other<br /> reasons. Many of these latter had not only no<br /> claim whatever to assistance from this particular<br /> fund, but, as surviving relations of persons in the<br /> various Crown services, were actually entitled to<br /> pensions from other sources. This abuse is one<br /> to which the Society of Authors has invited the<br /> attention of responsible statesmen, and one it<br /> hopes to see righted ere long. Tf a list of un-<br /> successful applicants for a place on the Establish-<br /> ment, and a list of the persons who have at<br /> different times been helped by the Royal Literary<br /> Fund could be published, they would reveal a<br /> state of affairs that would make very clear to the<br /> most thoughtless how necessary in England a<br /> society for the protection of authors’ interests is<br /> and has been. So that the first task the Society<br /> of Authors set itself ‘was to procure the draught-<br /> ing of a Bill that should give to authors larger<br /> rights in and a securer hold upon their property.<br /> The Bill, whose memorandum and more essential<br /> clauses follow, was drafted by Mr. Underdown,<br /> Q.C., and laid by him before the Board of Trade<br /> in 1886 on behalf of the Society of Authors.<br /> ‘Afterwards it became necessary, in view of the<br /> passage of the International Copyright Bill of<br /> 1886, to revise it, and this was done in 1892,<br /> when it was placed in the hands of Lord<br /> Monkswell.<br /> <br /> Tt will be sufficient here to quote the chief<br /> amendments of the bill now in Lord Monkswell’s<br /> charge in the House of Lords, as they will<br /> sufficiently answer, with regard to the United<br /> Kingdom, the question suggested for conference,<br /> viz.: What changes in present laws are desirable<br /> <br /> 3<br /> <br /> <br /> <br /> <br /> <br /> Literature and the Pension List.” By W. Morris:<br /> Colles, Barrister-at-Law. Office of the Incorporated Society<br /> of Authors. o<br /> <br /> <br />  <br /> <br /> ae<br /> BY<br /> ne<br /> <br /> ee ke<br /> IO O<br /> <br /> Bale ae<br /> <br /> iG<br /> <br /> 383<br /> ite<br /> <br /> 1 1G<br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> LORD MONKSWELL’S BILL.<br /> MEMORANDUM.<br /> <br /> Scope of Bill—This Bill is intended to con-<br /> solidate and amend the law of copyright other<br /> than copyright in designs.’<br /> <br /> Existing Law.—The existing law on the<br /> subject consists of no less than eighteen Acts of<br /> Parliament, besides common law principles,<br /> which are to be found only by searching the law<br /> reports. Owing to the manner in which the Acts<br /> have been drawn the law in many cases is hardly<br /> intelligible, and is full of arbitrary distinctions<br /> for which it is impossible to find a reason. [See<br /> paragraphs 9 to 13 of the Report of the Royal<br /> Commission on Copyright of 1878.]<br /> <br /> Instances of Defects of Existing Law.—For<br /> instance, the term of copyright in books is the<br /> life of the author and seven years, or forty-two<br /> years from publication, whichever period is the<br /> longer ; in lectures, when printed and published,<br /> the term is (probably) the life of the author,<br /> or twenty-eight years; in engravings twenty-<br /> eight years, and in sculpture fourteen years,<br /> with a possible further extension for another<br /> fourteen years, while the term of copyright in<br /> music and lectures, which have been publicly<br /> performed or delivered but not printed, is<br /> wholly uncertain. Again, the necessity for and<br /> effect of registration is entirely different with<br /> <br /> regard to (1) books, (2) paintings, (3) dramatic _<br /> <br /> works.<br /> <br /> Arrangement of Bill—tIn consolidating these<br /> enactments (all of which it is proposed to repeal)<br /> it has been thought advisable to deal separately<br /> with the various subjects of copyright, viz.: (1)<br /> literature, (2) music and dramatic works, and<br /> (3) works of art, and to make the part of the<br /> Bill dealing with each of these as far as possible<br /> complete in itself. This will account for certain<br /> repetitions which might otherwise seem unneces-<br /> sary.<br /> <br /> Foundation of Amendments.—The alterations<br /> proposed to be made in the law are for the most<br /> part those suggested in the Report of the Royal<br /> Commission on Copyright of 1878, and embodied<br /> in a Bill introduced at the end of the Session<br /> of 1879 by Lord John Manners, Viscount<br /> Sandon, and the Attorney-General, on behalf<br /> of the then Government. References will be<br /> found in the margin of the present Bill both<br /> to the Report of the Commission and the Bill<br /> of 1879.<br /> <br /> <br /> <br /> * The law of copyright in designs is contained in<br /> Part III. of the Patents, Designs, and Trade Marks Act,<br /> 1883 (46 &amp; 47 Vict. c. 57), repealing and re-enacting with<br /> amendments the Copyright of Designs Acts of 1842 of 1843,<br /> of 1850, of 1861, and of 1875,<br /> <br /> ao?<br /> <br /> Summary of Chief Amendments.—The most<br /> important of these alterations may be summarised<br /> as follows :—<br /> <br /> 1. A uniform term of copyright is introduced<br /> for all classes of work, consisting of the life<br /> of the author and thirty years after his<br /> death. The only exceptions are in the cases<br /> of engravings and photographs, and anony-<br /> mous and pseudonymous works for which,<br /> owing to the difficulty or impossibility of<br /> identifying the author, the term is to be<br /> thirty years only, with power for the author<br /> of an anonymous or pseudonymous work<br /> at any time during such thirty years to<br /> declare his true name and acquire the full<br /> term of copyright. [See Clause 15 (books),<br /> <br /> Clause 29 (music and drama), Clause 36<br /> (works of fine art and photographs). |<br /> <br /> . The period after which the author of an<br /> article or essay in a collective work (other<br /> than an encyclopedia) is to be entitled to.<br /> the right of separate publication is reduced<br /> from twenty-eight years to three years.<br /> [ See Clause 15. |<br /> <br /> 3. The right to make an abridgment of a work<br /> is for the first time expressly recognised as<br /> part of the copyright, and an abridgment<br /> by a person other than the copyright owner<br /> is made an infringement of copyright. [See<br /> Clauses 5 and 21. |<br /> <br /> 4. The authors of works of fiction are given<br /> the exclusive right of dramatising the same<br /> as part of their copyright, and the converse<br /> right is conferred on authors of dramatic<br /> works. [See Clause 21, par. 2.]<br /> <br /> 5. The exhibition of photographs taken on<br /> commission, except with the consent of the<br /> person for whom they are taken, is rendered<br /> illegal.2 [See Clause 41. |<br /> <br /> 6. Registration is made compulsory for all<br /> classes of work in which copyright exists,<br /> except paintings and sculptures; that is to<br /> say, no proceedings for infringement or<br /> otherwise can be taken before registration,<br /> nor can any proceedings be taken after regis-<br /> tration in respect of anything done before<br /> the date of registration, except on payment<br /> of a penalty. [See Clause 90.] This penalty,<br /> it should be wentioned, was not recom-<br /> mended by the Royal Commission, but is<br /> introduced in order that an accidental<br /> omission to register may not entirely deprive<br /> the copyright owner of his remedies. Regis-<br /> tration of paintings and sculpture is made<br /> optional owing to their being so frequently<br /> <br /> bv<br /> <br /> <br /> <br /> ® At present it seems to be merely a matter of implied<br /> contract. See Pollard v. The Photographic Company (40<br /> Ch. Div. 345).<br /> 260<br /> <br /> and, unless they be published in print by<br /> the author, the exclusive right of re-<br /> delivering them in public:<br /> <br /> “ Publication” shall have the following mean-<br /> ings<br /> Tn the case of books, the first act of offering<br /> <br /> for sale, notifying, or exposing as ready<br /> for sale to the public any work or copy of<br /> a work, or the depositing or registering of<br /> any copy of a work in the manner pro-<br /> vided in this Act:<br /> <br /> In the case of a lecture, piece for recitation,<br /> address, or sermon which is printed, any<br /> act which constitutes publication in the<br /> case of a book, or, if such lecture, piece,<br /> address, or sermon be not published in a<br /> printed form, the first delivery in public:<br /> <br /> “Translation’’ shall include an abridgment or<br /> adaptation of a book in a language different<br /> from that in which it was previously pub-<br /> lished.<br /> <br /> 11.—(1) Every assignment of copyright or<br /> performing right other than an assignment by<br /> operation of law or testamentary disposition,<br /> shall be in writing, signed by the assignor or his<br /> agent, duly authorised in writing.<br /> <br /> (2) Noassignment of or other dealing with any<br /> subject of copyright or performing right (other<br /> than an assignment by operation of law or testa-<br /> mentary disposition) shall pass the copyright or<br /> performing right therein unless the intention to<br /> assign the same shall be expressly evidenced in<br /> writing, signed as aforesaid.<br /> <br /> 12. If the owner of the copyright or perform-<br /> ing right in any work shall give permission to<br /> another person to copy, imitate, perform, or<br /> otherwise repeat such work, such permission shall<br /> not, in the absence of an express agreement to<br /> the contrary, disentitle such owner from giving a<br /> similar or any other permission with respect to<br /> the same work, even though the first person to<br /> whom such permission was given has acquired<br /> copyright or performing right in his work.<br /> <br /> 15. Duration of Copyright in Literary Works.<br /> —Copyright in books, lectures, pieces for recita-<br /> tion, addresses, and sermons, shall endure for the<br /> following terms:<br /> <br /> (1) If the work is published in the lifetime<br /> and in the true name of the original copy-<br /> right owner, for the life of the original copy-<br /> right owner, and thirty years after the end<br /> of the year in which his death shall take<br /> place :<br /> <br /> (2) If the work is written or composed by two<br /> or more persons jointly, for the life of the<br /> longest liver, and thirty years after the end of<br /> the year in which his death shall take place:<br /> <br /> (3) In the case of posthumous works, for<br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> thirty years from the end of the year in<br /> which the same shall have been first pub-<br /> lished :<br /> <br /> (4) In the case of an anonymous or pseudo-<br /> nymous work, for thirty years from the end<br /> of the year in which the same shall have<br /> been first published: Provided always that<br /> upon the original copyright owner thereof<br /> or his personal representative, during the<br /> continuance of the said term of thirty<br /> years, with the consent of the registered<br /> copyright owner, making a declaration of<br /> the true name of the ‘“ original copyright<br /> owner ”’ and the insertion thereof, in the form<br /> set forth in the Schedule Three of this Act<br /> in the Register, the copyright shall, subject<br /> to the provisions of this Act, be extended to<br /> the full term of copyright under this Act.<br /> <br /> 16. Copyright in Articles in Collective Works.<br /> —(1) In the case of any article. essay, or other<br /> work whatsoever, being the subject of copyright,<br /> first published in and forming part of a collective<br /> work, for the writing, composition, or making of<br /> which the original copyright owner shall have<br /> been paid or shall be entitled to be paid by the<br /> proprietor of the collective work, the copyright<br /> therein shall, subject as is hereinafter mentioned,<br /> and in the absence of any agreement to the con-<br /> trary, belong to such proprietor for the term of<br /> thirty years next after the end of the year in which<br /> such work shall have been first published :<br /> <br /> (2) Except in the case where such article,<br /> essay, or other work is first published in an<br /> encyclopedia, the original copyright owner<br /> thereof and his assigns shall, after the term of<br /> three years from the first publication thereof,<br /> have the exclusive right to publish the same in a<br /> form, and shall have copyright therein as a<br /> separate publication for the term provided by<br /> section fifteen of this Act, and notwithstanding<br /> anything hereinbefore contained, the proprietor<br /> of the collective work shall not, either during the<br /> said term of three years, nor afterwards during<br /> the continuance of copyright therein, be entitled<br /> to publish such article, essay, or other work, or<br /> any part thereof, in a separate form, without the<br /> consent in writing of the original copyright owner<br /> or his assigns.<br /> <br /> 19. Newspaper Copyright.— The copyright<br /> given by this Act in respect of newspapers 8<br /> extend only to articles, paragraphs, communica-<br /> tions, and other parts which are compositions of<br /> a literary character, and not to any articles, para-<br /> graphs, communications, or other parts which<br /> are designed only for the publication of news, or<br /> to advertisements.<br /> <br /> 21. Infringements.—The following acts by any<br /> person other than the copyright owner, and with-<br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> out his consent in writing, shall be deemed to be<br /> infringements of copyright, unless such acts shall<br /> be specially permitted by the terms of this or<br /> some other Act not hereby repealed :<br /> <br /> (1) In the case of books, printing or otherwise<br /> multiplying, or causing to be printed or other-<br /> wise multiplied, for distribution, sale, hire,<br /> or exportation copies, abridgements or trans-<br /> lations of any copyright book or any part<br /> thereof; exporting for sale or hire any such<br /> copies, abridgements, or translations, printed<br /> unlawfully in any part of the British domi-<br /> nions; importing any such copies, abridge-<br /> ments, or translations, whether printed<br /> unlawfully in any other part of the British<br /> dominions, or printed without the consent of<br /> the copyright owner in any foreign state; or<br /> knowing such copies to have been so printed<br /> or imported, distributing, selling, publishing,<br /> or exposing them for sale or hire, or causing<br /> or permitting them to be distributed, sold,<br /> published, or exposed for sale or hire:<br /> <br /> (2) In the case of a book which is a work of<br /> fiction, it shall also be an infringement of the<br /> copyright therein, if any person shall, without<br /> the consent of the owner of the copyright,<br /> take the dialogue, plot, or incidents related<br /> in the book, and use them for or convert<br /> them into or adapt them for a dramatic work,<br /> or, knowing such dramatic work to have been<br /> so made, shall permit or cause public perfor-<br /> mance of the same :<br /> <br /> (3) Inthe case of lectures, pieces for recita-<br /> tion, addresses, or sermons, whether before<br /> or after they are published in print by the<br /> owner of the copyright, the same acts as here-<br /> inbefore declared to be infringements in the<br /> case of books, and if they be not published<br /> in print by the owner of the copyright,<br /> re-delivering them or causing them to be<br /> re-delivered in public.<br /> <br /> 22, Extracts—Notwithstanding anything in<br /> this Act contained, the making of fair and moderate<br /> extracts from a book in which there is subsisting<br /> copyright, and the publications thereof in any<br /> otherwork, shall not be deemed to be infringement<br /> of copyright if the source from which the extracts<br /> have been taken is acknowledged.<br /> <br /> 23. Reporting Lectures—It shall not be<br /> deemed an infringement of copyright ina lecture,<br /> piece for recitation, address, or sermon, to report<br /> the same in a newspaper, unless the person<br /> delivering the same shall have previously given<br /> notice that he prohibits the same being reported.<br /> <br /> 24. New Editions.—For the purposes of this<br /> Act any second or subsequent edition of a book<br /> which is published with any additions or altera-<br /> <br /> 261<br /> <br /> tions, whether in the letterpress or in the maps<br /> or illustrations belonging thereto, shall be deemed<br /> to be a new book.<br /> <br /> Copyright in Works of Fine Art and Photographs.<br /> <br /> 34. Definitions—In addition to the interpreta-<br /> tion given in Part I. of this Act the following<br /> expressions in this Part ITI. shall, unless the<br /> context otherwise requires, have the following<br /> meanings :<br /> <br /> “ Painting ’”’ shall mean and include a painting<br /> either in or with oil, distemper, water, or<br /> other vehicle, and drawing, either in crayons,<br /> charcoal, pastels, chalk, pencil, ink, or any<br /> other material, executed by hand and not by<br /> printing impression, or any mechanical or<br /> chemical process ; and “ painter” shall mean<br /> any person who executes a painting as above<br /> defined :<br /> <br /> “ Photograph” shall mean and include the<br /> photographic negative and any positives or<br /> copies made therefrom :<br /> <br /> “Publications” shall mean—<br /> <br /> In the case of engravings and photographs, the<br /> first act of offering for sale, or of delivering<br /> to a purchaser, or advertising, notifying, or<br /> exposing as ready for sale to the public or<br /> for delivery to a purchaser, any copy of a<br /> work, or delivering at the registration office<br /> established under this Act a written request<br /> for the registration of such work as herein-<br /> after provided ; and the verb “ to publish, ’<br /> in all its moods and tenses, shall have a<br /> meaning corresponding with that of the<br /> publication.<br /> <br /> “Replica” shall mean a repetition of a paint-<br /> ing executed by the painter thereof, or<br /> caused by him to be executed in the same<br /> material, and of, or so nearly of, the same<br /> size as to render doubtful the identity of the<br /> original work :<br /> <br /> “Work of fine art” shall mean and include a<br /> painting, sculpture, and engraving as defined<br /> in this Act.<br /> <br /> 35. Artist to have Copyright in his Work, and in<br /> the Design if Original.—(1) Every person, being<br /> a British subject, or domiciled in some part of<br /> the British dominions, who from or according to<br /> his own original design shall execute, or cause to<br /> be executed, any work of fine art, shall have<br /> copyright therein, that is to say, the sole right ot<br /> copying, reproducing, repeating, and multiplying<br /> copies of that work, and of the design thereof, of<br /> any size, and either in the same material or by<br /> the same kind of art in which such work shall<br /> have been first executed, or in any other form or<br /> material or by any other kind of art, and the<br /> word “ copyright,” when used in relation to works<br /> <br /> <br /> 262<br /> <br /> of fine art executed under the conditions in this<br /> first sub-section set forth, shall mean such right<br /> as aforesaid.<br /> <br /> (2.) Not in the Design if not Original.—<br /> Every such person who, from the design of<br /> another, shall, without infringing any copyright,<br /> lawfully execute any work of fine art, shall<br /> (except when employed to execute the same by<br /> the author of that design, and in the case of an<br /> engraving except further when employed to<br /> execute the same by any other than such author)<br /> have copyright therein, that is to say, the sole<br /> right of copying, reproducing, and multiplying<br /> copies of the same work, but not, save as<br /> expressed in that work, the design thereof, and<br /> the word “ copyright,” when used in relation to<br /> works of fine art executed under the condition in<br /> this second sub-section set forth, shall mean such<br /> right as aforesaid.<br /> <br /> (3.) In the case hereinbefore excepted of an<br /> engraving executed by some person employed for<br /> that purpose by another, the copyright shall<br /> belong to the employer if a British subject or<br /> domiciled as aforesaid at the time when such<br /> engraving shall be published, although not the<br /> author of the design.<br /> <br /> (4.) Nothing herein contained shall have the<br /> effect of giving any person copyright in a copy or<br /> repetition of a painting by a painting, of sculp-<br /> ture by sculpture, or of an engraving by an<br /> engraving, except in the case of a copy or imita-<br /> tion by a painting in black and white or mono-<br /> chrome of a painting in polychrome.<br /> <br /> (5.) This section shall apply to works of fine<br /> art executed either before or after the passing or<br /> commencement of this Act; Provided as to works<br /> executed before the passing or before the com-<br /> mencement of the Act, that the same, if paintings<br /> or sculpture, have not been sold, and, if<br /> engravings, have not been published, before the<br /> commencement of the Act.<br /> <br /> 36. Duration of Copyright.—The copyright<br /> hereinbefore given shall, in the case of paintings<br /> and sculpture, endure for the life of the person<br /> to whom the same is so given, and thirty years<br /> next after his death; and in the case of<br /> engravings not published in or forming part of a<br /> book, for the term of thirty years next after the<br /> end of the year in which they shall be published.<br /> <br /> 37. Painter of Portrait on Commission not to<br /> repeat it.—If the subject of or the principal<br /> object in any painting executéd on the order of any<br /> person for valuable consideration be the likeness<br /> of that person or of any person whose likeness<br /> was stipulated in the agreement for the painting,<br /> the painter or other owner of the copyright shall<br /> not by virtue of his copyright be entitled, with-<br /> <br /> THE AUTHOR.<br /> <br /> out the consent in writing of the owner for the<br /> time being of the painting, to repeat, copy, or<br /> reproduce the said likeness in any way or by any<br /> kind of art.<br /> <br /> 38. Replica not to be made without leave of<br /> Owner of Original—Whenever any painting<br /> shall have been sold, and the copyright therein<br /> shall remain the property of the painter, he shall<br /> not, without the consent in writing of the pur-<br /> chaser or other owner of the painting, be entitled<br /> by virtue of the copyright to make or cause to be<br /> made a replica of such painting, and if, before<br /> selling the painting, the painter shall have made<br /> or caused to be made a replica of it, and shall<br /> afterwards sell the one, he shall not, without the<br /> consent of the purchaser, or owner of that one, be<br /> entitled to sell, exhibit, or part with the property<br /> in the other.<br /> <br /> 41. Photographs taken on Commission not to<br /> be Sold or Exhibited—(1) Whenever after the<br /> commencement of this Act any protographic<br /> likeness of any person is taken on commission,<br /> neither the photographer, nor any other person,<br /> whether he owns the copyright therein or not,<br /> shall, without the consent in writing of the person<br /> for whom the work was executed, sell, offer for<br /> sale, or exhibit in public in any shop window or<br /> otherwise any copy of such likeness.<br /> <br /> (2.) If such photographer or other person<br /> shall sell, offer for sale, or exhibit any copy of<br /> such likeness in manner aforesaid, every copy of<br /> such likeness in his possession shall be forfeited<br /> and delivered up to the person for whom the<br /> work was executed.<br /> <br /> <br /> <br /> Copyright in the British Colonial and other<br /> Possessions.<br /> <br /> 51. Saving for Colonial Legislative Powers.<br /> —Nothing in this Act is intended or shall be<br /> construed in such manner as to lessen or to dero-<br /> gate from any power at present possessed by the<br /> legislative authorities in any British possession<br /> to legislate with respect to copyright in that<br /> possession, nor in such a manner as to deprive<br /> any person in a British possession of any copy-<br /> right or performing right he may be entitled to<br /> or may hereafter acquire in such possession under<br /> any law now in force or hereafter to be made in<br /> such possession, or to interfere with or lessen<br /> such right.<br /> <br /> Penalties and Procedure.<br /> <br /> 87. Damages.—(1.) If any person shall infringe<br /> copyright or performing right, the owner thereof<br /> may, in addition to any other remedy, maintain<br /> an action or other proceeding allowed by the law<br /> of the place where the wrong has been committed<br /> ro damages and for an injunction, or either of<br /> them.<br /> <br /> <br />  <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> (2.) All actions or other proceedings for any<br /> such infringement shall be commenced within<br /> twelve calendar months next after the same is<br /> committed, or else the same shall not be main-<br /> tainable.<br /> <br /> go. No Action, $c., before Registration.—(1.)<br /> No action, prosecution, or summary or other legal<br /> proceeding shall be maintained or maintainable<br /> m respect of any infringement of copyright or<br /> performing right under this Act, except as is<br /> hereinbefore provided as to foreign works, and<br /> except it be for infrmgement of copyright in a<br /> painting or work of sculpture, until the work has<br /> been registered at the Copyright Registration<br /> Office established under this Act, or at a registra-<br /> tration office in some British possession, and no<br /> such action, prosecution, or summary or other<br /> legal proceeding shall after registration be<br /> maintained or maintainable in respect of any<br /> infringement committed before the date of regis-<br /> tration of the work, unless or until in any<br /> such proceeding a penalty of ten pounds, or such<br /> less sum as the court may direct, shall have been<br /> paid.<br /> <br /> (2.) If any copies, repetitions, or imitations of<br /> the work have been made before registration of<br /> the work, no action or other proceeding shall<br /> (except upon payment of such penalty as afore-<br /> said) be maintained or maintainable after regis-<br /> tration in respect of the circulation or sale of<br /> such copies, repetitions, or imitations, or to<br /> enforce any forfeiture or penalty in respect<br /> thereof.<br /> <br /> (3.) Provided always that registration of any<br /> work within one month from the first publica-<br /> tion thereof shall enure for the benefit of the<br /> copyright owner as from the date of the publica-<br /> tion.<br /> <br /> gt. Summary Remedy for Infringement.—ln<br /> lieu of any action or other proceeding for damages<br /> it shall be lawful in every case of infringement of<br /> copyright or of performing right, except of per-<br /> forming rights in musical compositions, for the<br /> owner of the right to apply ina summary manner<br /> to a court of summary jurisdiction in that part of<br /> the British dominions where the wrong has been<br /> committed, or where the person who has been<br /> guilty of the infringement dwells; and such<br /> court may, on production of the certificate of<br /> registration, or in the case of paintings and sculp-<br /> ture, on other proof of the title of the applicant,<br /> order the person who has been guilty of the in-<br /> fringement to pay a penalty not exceeding five<br /> pounds and all costs, and the money so paid as<br /> penalty shall be given by way of compensation to<br /> the owner of the copyright or performing right.<br /> Provided that only one sum or penalty shall be<br /> <br /> 263<br /> <br /> recovered in respect of any infringement of the<br /> performing right in a dramatic work.®<br /> <br /> The remaining themes, viz.: The present Status<br /> of International Copyright, and The Desirability<br /> of a Conformity of Copyright Laws among all<br /> Nations, will be best considered together, for<br /> they open up identical questions.<br /> <br /> With us the present status of International<br /> Copyright is determined by two things, the<br /> Statutes of the Berne Convention, and “ An Act<br /> to amend title sixty, chapter three, of the<br /> Revised Statutes of the United States relating to<br /> Copyrights,” commonly called in England ‘“‘ The<br /> American Copyright Bill;” but the enormous<br /> colonial possessions of the British Empire make<br /> of Colonial Copyright a question that has to be<br /> considered from something the same point of<br /> view as International Copyright.<br /> <br /> The British owner of a copyright has three<br /> markets in addition to the domestic one, viz., the<br /> Continent of Europe (largely still a matter of<br /> translation), America, where of course the circula-<br /> tion is enormous, and the Colonies, where the<br /> demand for books has lately much increased.<br /> <br /> The question of Colonial and Canadian copy-<br /> right need not be gone into here. It will be<br /> sufficient to say that the present law, which has<br /> been so heartily abused by the Royal Commis-<br /> sion, 1s nowhere in a condition of less working<br /> efficiency than it is in our colonies, while the<br /> colonial demand is getting larger daily. In the<br /> Straits Settlements and at the Cape the Society<br /> of Authors have been enabled to interfere in<br /> behalf of home copyright owners, and to exact the<br /> payment of the miserable duty on foreign<br /> reprints, but the sums so obtained are wretchedly<br /> inadequate, and the whole question is one that<br /> requires thorough investigation with a view to<br /> thorough reform.<br /> <br /> International copyright in Europe, as well as<br /> in Haiti and Tunis, is regulated by the Berne<br /> Convention, of which the following articles form<br /> the foundation :—<br /> <br /> 1. Authors of any of the countries of the<br /> Union (Great Britain, Germany, Belgium,<br /> Spain, France, Haiti, Switzerland, and<br /> Tunis) or their lawful representatives, shall<br /> enjoy in the other countries for their works,<br /> whether published in one of those countries<br /> or unpublished, the rights which the respec-<br /> tive laws do now or may hereafter grant to<br /> natives.<br /> <br /> 2. The enjoyment of these rights is subject to<br /> the accomplishment of the conditions and<br /> <br /> <br /> <br /> 6 The selection of clauses has been made by Mr. J. M.<br /> Lely, in his pamphlet, from which we have previously<br /> quoted.<br /> 264<br /> <br /> formalities prescribed by law in the country<br /> of origin of the work, and cannot exceed in<br /> the other countries the term of protection<br /> granted in the said country of origin.<br /> <br /> . The country of origin of the work is that in<br /> <br /> which the work is first published, or if such<br /> <br /> THE AUTHOL.<br /> <br /> 12. It is understood that in the case of a work<br /> <br /> as regards their unauthorised reproduction<br /> in the countries of the union.<br /> <br /> for which the translating right has fallen<br /> into the public domain, the translator cannot<br /> oppose the translation of the same work by<br /> <br /> publication takes place simultaneously in other writers.<br /> several countries of the Union, that one of<br /> them in which the shortest term of protection<br /> is granted by law.<br /> <br /> 4. For unpublished works the country to which<br /> the author belongs is considered the country<br /> of origin of the work.<br /> <br /> . The stipulations of the present Convention<br /> apply equally to the publishers of literary<br /> and artistic works published in one of the<br /> countries of the Union, but of which the<br /> authors belong to a country which is not a<br /> party to the Union.<br /> <br /> 6. The expression “ literary and artistic works ”<br /> comprehends books, pamphlets, and all other<br /> writings; dramatic or dramatico-musical<br /> works, musical compositions with or without<br /> words, works of design, painting, sculpture,<br /> and engraving; lithographs, illustrations,<br /> geographical charts, plans, sketches, and<br /> plastic works relative to geography, topo-<br /> graphy, architecture, or science in general;<br /> in fact, every production whatsoever in the<br /> literary, scientific, or artistic domain which<br /> can be published by any mode of impression<br /> or reproduction.<br /> <br /> 7, Authors of any of the countries of the<br /> Union, or their lawful representatives, shall<br /> enjoy in the other countries the exclusive<br /> right of making or authorising the transla-<br /> tion of their works until the expiration of<br /> ten years from the publication of the original<br /> work in one of the countries of the Union.<br /> <br /> 8. For works published in incomplete parts<br /> (“‘livraisons”) the period of ten years com-<br /> mences from the date of publication of the<br /> last part of the original work.<br /> <br /> g. For works composed of several volumes pub-<br /> lished at intervals, as well as for bulletins or<br /> collections (‘ cahiers’’) published by literary<br /> or scientific societies, or by private persons,<br /> each volume, bulletin, or collection is, with<br /> regard to the period of ten years, considered<br /> as a separate work.<br /> <br /> 10. In the cases provided for by the present<br /> article, and for the calculation of the period<br /> of protection, the 31st of December of the<br /> year in which the work was published is<br /> admitted as the date of publication<br /> <br /> 11. Authorised translations are protected as<br /> original works. They consequently enjoy<br /> the protection stipulated in Articles 1 and 2,<br /> <br /> The Society of Authors was, of course, not<br /> officially represented at the Berne Conference,<br /> only the chosen representatives of the contract-<br /> ing natiens being present, and no external evi-<br /> dence or assistance being invited. But the late<br /> Sir Francis Ottiwell Adams, who was Plenipo-<br /> tentiary for Great Britain, was one of the<br /> founders of our Society, and we were so com-<br /> pletely in touch with his individual views on the<br /> subject, that it is a matter of no surprise that<br /> we have no fault to find with the terms of the<br /> Berne Convention.” They seem to us reasonable,<br /> to give to the public that facility of access to<br /> good books in all tongues, to which the public<br /> has a right, and yet to reserve to the author<br /> sufficient proprietary control over his property<br /> to make it easy for him to obtain proper pecuniary<br /> reward, if he sets about it properly. Great<br /> Britain has posed largely as a deeply injured<br /> country, because of the way her authors have<br /> been exploited in the past by other nations, but<br /> the fact is that, as far as the continent of Europe<br /> is concerned, the country most benefited by the<br /> Berne Convention is France, while the sinner,<br /> whose depredations have. been most checked by<br /> the Convention is Great Britain. The reason of<br /> this is not far to seek. There was and is a certain<br /> and by no means small number of French story-<br /> tellers, whose works all English people read, in<br /> French if they can, and in translation if they<br /> cannot. The result of this high development of<br /> the art of fiction in France was to encourage the<br /> issue in England of an enormous amount of<br /> translations from the French—good, indifferent,<br /> and bad—which all, however, had their one<br /> common characteristic, that they were unautho-<br /> rised, and that their sale contributed nothing to<br /> the author, and very little to the translator. The<br /> statutes of the Berne Convention have corrected<br /> this evil. For the extension of protection to<br /> “authorised translations ’? makes it necessary for<br /> the translator to approach the author or owner of<br /> the copyright so as to obtain the necessary autho-<br /> risation. This must lead to the question of price<br /> being discussed between them, and by the corre-<br /> spondence passing through the Society of Authors<br /> we know that this is the case. Both parties are<br /> benefited. The translator will receive terms and<br /> <br /> vi<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ™ See paper by Sir Henry Bergne in November Author, -<br /> Pp. 198.<br /> <br /> <br />  <br /> <br /> {+<br /> ig<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> (ie<br /> ut<br /> = 3<br /> ;<br /> Ae<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> the cachet of authorisation for his work, and the<br /> owner of the copyright, having selected a person<br /> fit to discharge the duty of translator, need no<br /> longer fear the abuse of his property at the hands<br /> of incompetent or dishonest workmen. He can<br /> leave it to the person whom he has authorised to<br /> act as his translator to maintain his rights under<br /> the Convention, for their interests are identical.<br /> <br /> There are certain anomalies in the working of<br /> the terms of the Berne Convention that can be<br /> traced to the want of uniformity in the period of<br /> copyright in the different countries. And this<br /> want of uniformity is very striking. For instance,<br /> in Great Britain the period is life and seven<br /> years, or forty-two years from publication, which-<br /> ever may be the longer; in Germany, life and<br /> thirty years beyond; in Italy, life or forty years<br /> from publication, whichever may be the longer ;<br /> in Belgium, life and twenty years beyond; in<br /> Spain, life and eighty years beyond; in France,<br /> life and fifty years beyond; in Haiti, life, and<br /> the widow’s life beyond, or for twenty years to<br /> benefit children, or for ten years to benefit other<br /> heirs ; and in Mexico, where the native output is<br /> very small, time-long copyright is granted. How<br /> can absolutely fair reciprocal terms be arranged<br /> between nations whose first notions of what is<br /> due to the author and what to the public differ<br /> so fundamentally ? Only a world-wide and time-<br /> long copyright would ever get rid of these<br /> anomalies. For it is impossible to imagine all<br /> the nations of the earth deciding in conclave<br /> that, say, life and fifty years is the just<br /> term of protection. No limited term can<br /> ever seem right to everybody. It is possible to<br /> conceive a yveneral admission that literary pro-<br /> perty, beg in no way distinguishable from other<br /> property, belongs to its owner in perpetuity. But<br /> this is the proposition, which, though strong in<br /> logic is, for reasons of practical expediency, very<br /> weak.<br /> <br /> Nearly all that can be done at present to give<br /> the author and the publisher a fair chance in<br /> foreign lands has been done by the Berne Con-<br /> vention, in behalf of copyright owners happening<br /> to be citizens of one of the contracting States,<br /> And it should be mentioned that it is open for<br /> any State to join the union by providing domestic<br /> legislation that will enable her to comply with<br /> the conditions demanded by the statutes. And<br /> allusion is made to this because there are note-<br /> worthy absentees from the number of contracting<br /> States. For instance, Russia is still outside, and<br /> it is difficult to over-estimate the influence that<br /> Russia has had upon European literature. One<br /> great author, Count Tolstoi, is believed to desire<br /> no pecuniary return for his work; but the Russian<br /> school of novelists alone is a large one, and as<br /> <br /> 265<br /> <br /> they may not all acquiesce in Count Tolstoi’s<br /> creed, it seems to us a little odd that Russia does<br /> not join the union. For it must be noted that it<br /> is fiction, and fiction in translation, that is chiefly<br /> going to be benefited by the terms of the Berne<br /> Convention. Scientific and abstruse monographs<br /> will circulate in their original language, because,<br /> firstly, scientific language has been thoughtfully<br /> arranged upon a classical basis, so as to be very<br /> similar in all tongues; and, secondly, the people<br /> to whom such works are necessary, will generally<br /> make light of the task of translating them for<br /> themselves. Norway and Sweden, again, should<br /> join, having regard to the boom in Norse litera-<br /> ture.<br /> <br /> In the next two markets, the American and the<br /> Colonial, the British author has only to consider<br /> English-speaking people. And here he may<br /> grumble with justice that he has been hardly<br /> used. For no doubt his works, requiring no<br /> intermediary translation, have, in days gone by,<br /> been more pirated than have the books of even<br /> the popular French novelists.<br /> <br /> The new American Act will right this, for it has<br /> conceded to foreign authors, of whom the English<br /> are, by identity of tongue, far the most important,<br /> rights in their works. It is too soon to criticise<br /> the working of the Bill in all its details, but it is<br /> not too soon to recognise that the new legislation<br /> is bound to be of the greatest possible service to<br /> all our popular authors of both nations. It is<br /> strongly felt by us, however, that the enactment<br /> compelling simultaneous publication should give<br /> way to a six months’ period of waiting on either<br /> side.<br /> <br /> The Report of the Copyright Commission deal-<br /> ing with the question of American Copyright<br /> before the passage of the Bill runs as follows,<br /> and states very fairly what was felt to be the posi-<br /> tion at the time :—<br /> <br /> “When deciding upon the terms in which we<br /> should report upon this subject, we have felt the<br /> extreme delicacy of our position in expressing an<br /> opinion upon the policy and laws of a friendly<br /> nation, with regard to which a keen sense of<br /> injury is entertained by British authors. Never-<br /> theless, we have deemed it our duty to state the<br /> facts brought to our knowledge, and frankly to<br /> draw the conclusions to which they lead.<br /> <br /> Although with most of the nations of the Con-<br /> tinent treaties have been made, whereby reciprocal<br /> protection has been secured for the authors of<br /> those countries aud your Majesty’s subjects, it<br /> has hitherto been found impracticable to arrange<br /> any terms with the American people. We pro-<br /> ceed to indicate what im our view are the diffi-<br /> culties which have impeded a settlement.<br /> <br /> “The main difficulty undoubtedly arises from<br /> 266<br /> <br /> the fact that, although the language of the two<br /> countries is identical, the original works pub-<br /> lished in America are, as yet, less numerous than<br /> those published in Great Britain. This naturally<br /> affords a temptation to the Americans to take<br /> advantage of the works of the older country, and<br /> at the same time tends to diminish the induce-<br /> ment to publish original works. It is the opinion<br /> of some of those who gave evidence on this sub-<br /> ject, and it appears to be plain that the effect of<br /> the existing state of thimgs is to check the<br /> growth of American literature, since it is impos-<br /> sible for American authors to contend at a profit<br /> with a constant supply of works, the use of which<br /> c sts the American publisher little or nothing.<br /> <br /> “Were there in American law no recognition<br /> of the rights of authors, no copyright legislation,<br /> the position of the United States would be<br /> logical. But they have copyright laws; they<br /> afford protection to citizen or resident authors,<br /> while they exclude all others from the benefit of<br /> that protection. The position of the American<br /> people in this respect is the more striking, from<br /> the circumstance that, with regard to the<br /> analogous right of patents for inventions, they<br /> have entered into a treaty with this country for<br /> the reciprocal protection of inventors.<br /> <br /> “Great Britain is the nation which naturally<br /> suffers the most from this policy. The works of<br /> her authors and artists may be, and generally<br /> are, taken without leave by American publishers,<br /> sometimes mutilated, issued at cheap rates to a<br /> population of forty millions, perhaps the most<br /> active readers in the world, and not seldom in<br /> forms objectonable to the feelings of the original<br /> author or artist.<br /> <br /> “Incidentally, moreover, the injury is intensi-<br /> fied. The circulation of such reprints is not<br /> confined to the United States. They are<br /> exported to British Colonies, and particularly to<br /> Canada, in all of which the authors are theoreti-<br /> cally protected by the Imperial law.”<br /> <br /> There is only one point which it seems to us<br /> the commissioners rather missed, though it must<br /> be remembered that it was not so evident<br /> then as it was just previous to the passage of the<br /> American Copyright Bill. And that is, that<br /> American literature itself was becoming an<br /> enormous thing. At the time of the Copyright<br /> Commission, American lterature certainly meant,<br /> to many English people, the highly artistic and<br /> delicate work of two or three poets and two or<br /> three novelists, and the incomparable exponents<br /> of a new sort of humour—the humour of quiet<br /> exaggeration. But all this has been changed<br /> now, and there are a score of American<br /> authors whose names are household words in<br /> England. And how has this been accomplished ?<br /> <br /> THE AUTHOR.<br /> <br /> By piracy. While the English author has been<br /> lifting up a justly aggrieved voice against the<br /> action of the American, he was apparently in<br /> ignorance that he was treating the American<br /> author at that very time in the same larcenous<br /> manner.<br /> <br /> All English authors have welcomed with<br /> pleasure the passage of an Act that bids fair to<br /> set at rest a question whose consideration and<br /> debate have given tise to an acrimony that can<br /> be well understood.<br /> <br /> sec<br /> <br /> CORRESPONDENCE.<br /> <br /> <br /> <br /> Correspondeuts are requested to state their case in as few<br /> words as possible where the facts speak for themselves ;<br /> and if they advance opinions to regard brevity before<br /> style. The limited space of the Author requires attention<br /> to these points.<br /> <br /> <br /> <br /> I—A Dvusious CHARGE.<br /> <br /> OP ene eae years ago I not only wrote<br /> verses, but had my verse printed at my own<br /> expense—but not published. A friend, if I<br /> <br /> may speak of a relation as a friend, Mr. E. C. J.<br /> we will call him, declared, upon hearing that I<br /> had written a book of verses, that he was “ much<br /> concerned for my reputation as an author,” or<br /> perhaps it was “as a poet,” and urgently begged<br /> that I would allow him to look through my<br /> verses ; he said nothing about any revision, or<br /> any charge for his services. It was, he gave me<br /> to understand, a spontaneous outcome of good<br /> feeling and anxiety for my literary reputation<br /> that urged him to offer his advice. To his<br /> taking a copy of the book away with him I could<br /> of course make no objection, in fact, he was quite<br /> welcome to any volumes he might require. My<br /> friend was highly intellectual, fairly well read,<br /> and well educated; a man of good position and<br /> recognised authority on certain subjects, but he<br /> had, however, no literary tastes, and he was, more-<br /> over, strictly matter of fact, with not an atom of<br /> sentiment about him, and painfully unpoetical.<br /> I should not imagine that he had ever read a<br /> line of our great poets in his life, and yet he took<br /> upon himself the task of revising a book of<br /> poems. My friend who bore away with him my<br /> book was even ignorant of the most simple laws<br /> of versification. When the book was returned<br /> to me it was marked here and there on the<br /> margin in red ink, and remarks were made in<br /> what I thought to be his handwriting. Whoever<br /> made them could not have been occupied for more<br /> than an hour in the task, since there were not<br /> more than fifty of these red ink corrections<br /> throughout the book, which consisted of about<br /> <br /> <br /> <br /> <br />  <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> one hundred pages, and such corrections as were<br /> made displayed in many places utter indifference<br /> to the rules of English grammar and literary<br /> construction. For this unmasked for service,<br /> thrust upon a youth who perhaps would have<br /> fared better had he been dealt with by competent<br /> reviewers, I was asked to pay £10; and in utter<br /> ignorance of the value of the service thus thrust<br /> upon me, I wrote and despatched to my friend a<br /> cheque for that amount. Now that I am<br /> acquainted with matters relating to book pro-<br /> duction and the profession of literature, now<br /> that I know how hard it is to earn £10, I_ begin<br /> to suspect that I dil very wrong to admit this<br /> claim; that I was, in fact, imposed upon, and my<br /> reason for writing to the Author is to obtain<br /> from that best friend, not only to literary aspi-<br /> rants, but to veteran authors, é.e., the Editor, his<br /> opinion of the facts I have related. A. M.<br /> <br /> [Of course there can Le no doubt whatever on<br /> the subject. As the facts are related, the young<br /> writer should have refused to pay this impudent<br /> demand. It was, however, twenty-eight years<br /> ago. Perhaps such a demand would not be made<br /> in these days.—Ep. |<br /> <br /> <br /> <br /> Il.—Lert To Pay.<br /> <br /> The following story may be of use perhaps to<br /> somebody unversed im the ways of editors, so I<br /> tell it:—-An article of mine went to a paper for<br /> which I have often written, and was duly<br /> accepted. But the letter announcing this fact<br /> expressed a wish for a few photographs to illus-<br /> trate the article, and mentioned five or six as the<br /> number likely to be required. I accordingly,<br /> after considerable trouble—for the views were<br /> difficult to get—bought five photographs and<br /> despatched them to the paper, and my article<br /> appeared, illustrated, however, by only two out<br /> of the five. After a while I received an envelope<br /> containing all the photographs, but no money<br /> beyond the sum due for the letterpress. So I<br /> had to pay for things quite useless to me, and<br /> got simply at the suggestion of the editor, a<br /> mode of procedure which I thought, and think,<br /> very shabby on his part, and which took some of<br /> the “gilt off the gingerbread,” never too highly<br /> gilt at its best for struggling authors. N. D.<br /> <br /> <br /> <br /> I11.—Tue Epiror Acatn.<br /> <br /> In view of the many, no doubt deserved,<br /> charges of editorial neglect of unknown authors,<br /> a personal experience on the other side may<br /> perhaps be interesting. Between two and three<br /> years ago I submitted a manuscript to the editor<br /> <br /> 207<br /> <br /> of a well-known monthly magazine, whose rule I<br /> had previously discovered to be courtesy to all<br /> contributors, immediate notice of MSS., and<br /> prompt payment for such as were accepted. The<br /> MS. in question was a short story of about 8000<br /> words. This the editor considered too long. He<br /> returned the story, and asked me to curtuil it,<br /> which I could not consent to do, and I wrote<br /> expressing my inability and regret. More than a<br /> year and a half afterwards the editor wrote to ask<br /> me to let him have the MS. back, as he could<br /> then place it. The story had meantime appeared<br /> in another publication. Now, that is the part<br /> which I consider noteworthy —that a sympathetic<br /> and experienced man could know so little of the<br /> ways of authors as to imagine that a writer could<br /> afford to keep copy on hand for such a period.<br /> But this is not all. A year later, namely, during<br /> the present week, the editor wrote again, and<br /> without any communication between us in the<br /> interval. He had obviously forgotten my last<br /> letter, as well as the title of the story, and merely<br /> said that, having returned a story of mine some<br /> time ago, he begged to have it again for recon-<br /> sideration. To specify the story in question he<br /> thereupon supplied me with the whole plot in<br /> brief.<br /> <br /> Now, this from a very busy man, at the head.<br /> not only of a publication, but of a publishing<br /> house, and after an interval of between two and<br /> three years, strikes me as an incident well worth<br /> <br /> recording. A letter in verification of the above<br /> statement is inclosed.<br /> Nov. 11. EK. Rentout Esuer.<br /> <br /> IV.—Bryonp THE AGREEMENT.<br /> <br /> I have heard of a piece of generosity on the<br /> part of a publishing firm which should be recorded<br /> if only pour encourager des autres. They bought<br /> the copyright of a certain book, which thus<br /> became their property absolutely, the author<br /> baving no further claim upon them. The serial<br /> rights of this work were purchased by a journal,<br /> the publishers thereupon voluntarily forwarded to<br /> the author, above and beyond their purchase<br /> price, a moiety of the sum they had received<br /> from the journal in question. L. 8.<br /> <br /> [The publishing tirm in question was that of<br /> Messrs. Ward, Lock, Bowden, and Co.—Ep. |<br /> <br /> <br /> <br /> V.—Wuy Resecrep.<br /> <br /> J. B. urges that editors should state why a<br /> MS. has been rejected. He also points out that<br /> a single adjective—dull, unsuitable, uninteresting,<br /> too long, too short—would generally convey all<br /> the information wanted. But has J. B. any idea<br /> of the work of an editor as it is’ Iv is enough<br /> 268<br /> <br /> to read a bundle of MSS. without the additional<br /> labour of affixing to each a form containing, if<br /> only in a single word, the reason for rejection.<br /> <br /> <br /> <br /> VI.—Tue Germans’ Turn,<br /> <br /> At various annual dinners of the Authors’<br /> Society, and at the lesser feasts of the Authors’<br /> Club, we have honoured and feted Americans<br /> and Frenchmen, Dutchmen and Belgians, but<br /> up to the present time, for some curious reason,<br /> certainly not out of respect for their literature,<br /> we have never yet given a dinner to German<br /> authors. And yet their literature has an immense<br /> influence for good upon our English art of writing ;<br /> and how very great an influence their scientific<br /> work has had upon our scientific writers will<br /> quickly be seen by a reference to any modern<br /> English scientific work. The preface of these<br /> works generally refers to the German works<br /> quarried from and used, whatever branch of<br /> science is being studied.: Could we not do honour<br /> to such writers as Jordan, Ebers, and Dahn,<br /> Eckstein and Freytag, Bodenstedt, Scheffel, or<br /> Stinde, or to a language that has produced in our<br /> day such writers, even though they may not, nay,<br /> some cannot, be present? When we remember the<br /> number of Germans in England, probably many<br /> German authors would avail themsclves of an<br /> invite from the English authors to visit England ;<br /> and although the language of Goethe and Schiller,<br /> Humboldt and Mommsen, may not be so widely<br /> and lightly known as the language of Moliére<br /> and Hugo, yet enough English speakers of<br /> German could easily be found to entertain our<br /> guests.<br /> <br /> The present day literature of Germany is worthy<br /> of highest honour. Her plays have been adapted,<br /> and proved immense successes on our English<br /> stage ; her history and her science is accepted in<br /> our Universities as the highest authority, and<br /> latest developments of thought and research ;<br /> her novels are stirring and elevating; her poetry<br /> is thoughtful, and in touch with nature; her<br /> humorists are being copied by our most modern<br /> wits; and yet our Authors’ Society has up to now<br /> not done the literature of the German people<br /> honour in the persons of the professors of that<br /> literature. It is an oversight; but I am nor only<br /> speaking my own thoughts when I express a hope<br /> that a dinner, followed by a conversazione, will<br /> ere long be arranged by the English Society of<br /> Authors to German writers. Jams Baker.<br /> <br /> <br /> <br /> VII.—AvtuHors anD PUBLISHING.<br /> As one who has written and published several<br /> books which have brought much “grist” to the<br /> vublishers, but very little to their author, I must<br /> <br /> THE AUTHOR.<br /> <br /> take exception to Mr. Andrew Lang’s statement<br /> in this month’s Author, when he says: “ As to<br /> the author’s ignorance of the sum which should<br /> be his due, I presume that he finds out his<br /> market value, like other people, as soon as he is<br /> ‘ quoted,’ in all senses. His first effort is a shot<br /> in the dark. Let it even ‘make an outer,’ and he<br /> begins to know what he should be paid.”’ This<br /> is so misleading, and so contrary to my own<br /> experience (albeit, not quite ‘‘ an idiot,” as Mr,<br /> Andrew Lang would term all authors ignorant of<br /> the ways of publishers), that I must be pardoned<br /> for stating my own case. After various essays<br /> in authorship I “made a hit’? in book form;<br /> but. got little thereby, for I had sold the copyright<br /> for £15. At my second venture (generally con-<br /> sidered my best work), my publishers, as I know<br /> now sorrowfully, must have netted hundreds,<br /> where I received tens, of pounds. For my third<br /> book I received less than tor my second; a little<br /> more for my fourth; a little more for my fifth—<br /> altogether less than £100. It is only now, that<br /> by means of the Society of Authors, “The<br /> Methods of Publishing,” and “ The Cost of Pro-<br /> duction,’ I am beginving to know the value of<br /> my literary work. And but for our Society I<br /> should beas much in the dark now, after publish-<br /> ing some dozen books, as to what remuneration<br /> an author ought to receive for his work, as all<br /> authors and literary men generallv were fifty<br /> years ago! The Incorporated Society of Authors<br /> is doing a good work, and a great work, by letting<br /> in a flood of light upon matters formerly en-<br /> veloped in the darkness and mystery of “trade<br /> secrets.” CLERICUS.<br /> <br /> <br /> <br /> VIII.—Lirerary Insurance.<br /> <br /> T observe that in the current 1.umber of the<br /> Author Mr. J. M. Lely raises the question of<br /> insurance of MSS.,.and expresses the belief that<br /> they are uninsurable.<br /> <br /> Allow me to state my experience.<br /> <br /> I have a considerable number of literary MSS.,<br /> notes, and memoranda; and, as their destruction<br /> would mean the loss to me of the results of a<br /> very large amount of labour and research, I last<br /> year sought to insure them. After the risk had<br /> been declined by more than one good office<br /> (including that in which my household effeets<br /> are insured), it was at last accepted by the Fine<br /> Art Insurance Company Limited, of 28, Cornhill,<br /> E.C., and I now hold a policy in that office. Mr.<br /> Cecil T. Davis, of the Public Library, Wands-<br /> worth, is, I believe, the agent for literary<br /> insurances, and to him all communications from<br /> those who wish to insure either books or MSS.<br /> should be addressed. Miter CuHRIsTyY.<br /> <br /> Pryors, Broomfield, near Chelmsford.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />  <br /> <br /> &gt;<br /> <br /> aT.<br /> id<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> }<br /> F<br /> }<br /> ;<br /> t<br /> <br /> <br /> <br /> id<br /> ia<br /> (fe<br /> it<br /> <br /> .<br /> <br /> THE<br /> <br /> IX.—ILuvstRaTIons.<br /> <br /> Surely the difficulties connected with the cost<br /> of illustrations would be surmounted if the artist<br /> furnished the blocks ready for printing. If the<br /> illustrator did this, he could, if he desired, make<br /> fresh drawings, when the blocks turned out un-<br /> satisfactorily, at his own expense; and the<br /> author would know exactly what his illustrations<br /> would cost. There is nothing more unsatisfac-<br /> tory to an artist than to see bad illustrations<br /> bearing his name; and, if the expense of re-<br /> doing a drawing came out of his own pocket, he<br /> would willingly sacrifice part of his profits. But<br /> if the author or the publisher has to bear the<br /> charge of the artist’s mistakes, he naturally<br /> objects. I have illustrated some books in this<br /> manner, stating my price, and bearing all risks of<br /> occasional failure, and I find that 1s. to 2s. per<br /> square inch is fair payment for ordinary land-<br /> scape and architectural work (or simple figure<br /> subjects), inclusive of process blocks ready for<br /> the printer. Figure subjects requiring several<br /> models, or elaborate or historical costumes, would,<br /> of course, be more costly. This is a far more<br /> satisfactory manner of working to the artist,<br /> because it is impossible always to be perfectly<br /> sure that a drawing will reproduce well. Just as<br /> one sees faults in print which were overlooked in<br /> MS., so one sees mistakes in the engraving<br /> which remained undiscovered in the drawing.<br /> <br /> 35, Albany-street, N.W. SopHta BEALE.<br /> <br /> X.—Reticion in Darty Lire.<br /> <br /> Some months ago I agreed to supply a serial<br /> story for the pages of a new religious weekly. I<br /> was to be paid at a certain rate per chapter, and<br /> at the request of the editor I forwarded copy well<br /> in advance of the date of publication. Long ere<br /> all the chapters had appeared in the paper the<br /> whole of the MS. of them was in the editor’s<br /> keeping. I had dismissed the story from my<br /> mind, when one morning I was surprised by a visit<br /> from one of the editor’s clerks, bringing me ap<br /> urgent letter from him saying that the MS. of<br /> the forthcoming chapter of my story had some-<br /> how been lost at the office, and entreating me to<br /> help him out of this “ awkward dilemma.” Could<br /> I supply a second copy? I explained to the<br /> messenger that Thad no copy of my work. AIlI<br /> could do was to look up my notes of the story<br /> and rewrite that particular chapter. Was that<br /> what the editor wished? Iwas told that it was,<br /> and that the MS. must be at the office not later<br /> than the first postal delivery on Monday morning.<br /> It was then midday on Saturday, so I set about<br /> the distasteful task of endeavouring to recall<br /> and reconstruct matter which had lost its interest<br /> <br /> AUTHOR.<br /> <br /> 269<br /> <br /> for me. It was a most irksome task, and occupied<br /> me for some five hours that evening and a couple of<br /> hours on the following day. On Monday evening<br /> I received the printer’s proofs. Imagine my<br /> chagrin on perceiving that they were printed<br /> from the original MS., which apparently had<br /> turned up in the interval! At this time I had<br /> received payment for all the chapters except the<br /> last four, of which this was one. These were not<br /> paid for, and after waiting for several weeks I<br /> wrote to the editor asking for a settlement,<br /> and drawing his attention to the fact that,<br /> although only four chapters remained unpaid for,<br /> I was really entitled to payment for five, as I had<br /> rewritten one at his request. After a delay of<br /> some weeks I received a reply to this effect. “In<br /> view of the fact that material for the story which<br /> you rewrote was in drawer at office all the time,<br /> and that the matter you furnished was not origi-<br /> nal, we have made the cheque so much, and hope<br /> you will approve.” The amount of the cheque<br /> provided tos. 6d. as the magnificent remuneration<br /> for my seven hours’ work. Was this or was it<br /> not very shabby treatment ?<br /> <br /> Oct. 25- A Member OF THE SOCIETY.<br /> <br /> ee<br /> <br /> AT THE SIGN OF THE “AUTHOR&#039;S HEAD.”<br /> <br /> <br /> <br /> N Mr. Black’s new novel, “The Handsome<br /> Humes” (Sampson Low and Co.), the<br /> author has discovered and made use of<br /> <br /> the fact that the pugilist of to-day has<br /> an opportunity of making more money than<br /> he used to do when the P.R. was the fashion,<br /> and so we have in this story an ex-prize-<br /> fighter who has had his daughter educated in a<br /> clergyman’s family. When she is of age to keep<br /> her father’s house, his first care is to hide her<br /> away from his earlier acquaintances, only one of<br /> whom makes any appearance. Accident brings<br /> the girl a handsome lover, and she has to con-<br /> tend against the old difficulties of family pride<br /> and pedigree, with the addition ofa titled rival.<br /> However, as becomes her father’s daughter and<br /> Mr. Black’s heroine, her beauty soon “knocks<br /> them out of time’’—though, all unwittingly, she<br /> makes her father sacrifice himself for her sake. It<br /> is a charming story, but the reader may perhaps<br /> feel inclined to ask, as usual, if anything is<br /> known of the heroine’s mother. The author<br /> would probably adapt Balzac’s answer to a<br /> somewhat similar question, and say, “I did not<br /> know Miss Summers during her mother’s life-<br /> time.”<br /> <br /> From a small volume of verse by Mr. Arthur<br /> Hood, entitled ‘Smiles and Tears,’ we give the<br />  <br /> <br /> 270<br /> <br /> following extract, being part of ‘A Poor Man’s<br /> Song” :—<br /> The pride that holds its head aloof<br /> Above life’s common pains,<br /> And boasts because some grandsire made<br /> A hoard of ill-got gains.<br /> * *<br /> <br /> * * *<br /> Or that still viler boasting that<br /> On marriage rears its head,<br /> And nestles in the riches left<br /> By the uncared for dead.<br /> * * * * *<br /> <br /> Let Genesis be written fresh,<br /> The old one’s out of date:<br /> <br /> It could not be one man was made<br /> With Mother Eve for mate.<br /> <br /> But two, as species for the race<br /> That was to follow after—<br /> <br /> One rich—the angels’ special care ;<br /> One poor—the devil’s laughter.<br /> <br /> The author of “ Somnia Medici” has put for-<br /> ward another volume of poetry, entitled “ Tales in<br /> Verse,” of which there are seventeen in various<br /> metres, interspersed with songs, all too long for<br /> quotation except the followimg:—<br /> <br /> Then he sang<br /> The taunt of cowardice that hides in gloom.<br /> <br /> A lord and a king thou hast bid me to sing.<br /> I have sung of thy hateful realm ;<br /> <br /> And I sing thy affright in the fall of night,<br /> And the death that shall overwhelm.<br /> <br /> For where are thy arms and thy lying charms,<br /> And thy slaves that bow the knee,<br /> <br /> Thy hall of state and each breathing hate,<br /> In this shadow where none may see ?<br /> <br /> But I know thee near, and I have thee here,<br /> For a coward in vain shall flee;<br /> <br /> And my song is a spear to thy open ear,<br /> And its point shall be sharp to thee.<br /> <br /> Of dainty books, beautiful books, books in<br /> artistic bindings, books in artistic print, books<br /> with lovely illustrations, there is certainly a<br /> revival growing and spreading very fast, imso-<br /> much that there may be a danger before long<br /> of the outside appearance becoming of more value<br /> than the text itself. Certainly there will be col-<br /> lectors of books for their outside alone. Here is<br /> an exquisitely beautiful book called “ A Book of<br /> Pictured Carols,” designed under the direction<br /> of Arthur J. Gaskin, and published by George<br /> Ellen.<br /> <br /> A new translation of Andersen’s Fairy Tales<br /> <br /> has been published by Mr. George Allen, also<br /> with illustrations by Arthur J. Gaskin. It is<br /> <br /> safe to say that no illustrations to any previous<br /> edition can compare for a moment with these.<br /> As to the accuracy of the new translation, Danish<br /> scholars may speak; at least one may say that<br /> the English is good, and that it shows no sign of<br /> being a translation. The general presentation<br /> and appearance of the book are most artistic.<br /> <br /> ‘THE AUTHOR.<br /> <br /> “Men and Men,” a love story, by V. 8. Sim-<br /> mons, author of “Green Tea,” is a story to be<br /> noted and read. It is not long; itis not new in<br /> its place or in its people; yet it is fresh, and seizes<br /> the reader.<br /> <br /> The book of the month is Wright’s “ Brontés<br /> in Treland.”<br /> <br /> The following arrangements have been con-<br /> cluded through the Authors’ Syndicate: Mr.<br /> George Meredith’s new story, “Lord Ormont<br /> and his Aminta,” will run serially through the<br /> Pall Mali Magazine, commencing in the<br /> December number.<br /> <br /> Mr. Hall Caine’s story of the sale of the Isle of<br /> Man to the English Crown will, under the title of<br /> “The Manxman,” commence in the Queen and a<br /> limited syndicate of provincial newspapers in<br /> January.<br /> <br /> Mr W. E. Norris’s story, “ Matthew Austin,”<br /> will begin in the January number of the Cornhill<br /> Magazine.<br /> <br /> Mr. William Patrick Kelly, author of “Some<br /> Exciting Adventures,’ now running in the<br /> Million, has arranged with a Swiss newspaper<br /> proprietor for the translation and serial publica-<br /> tion of the “ Adventures” in his paper.<br /> <br /> Eden Phillpotts, whose new book, “In Sugar<br /> Cane Land,” is to be published shortly, and whose<br /> new novel, ‘Some Everyday Folks,” appears<br /> through Messrs. Osgood, McIlvaine, and Co.,<br /> before Christmas, has also found time to do a<br /> good deal for the coming Christmas numbers.<br /> He will be represented in the Graphic, Black<br /> and White, English Illustrated Magazine,<br /> Hearth and Home, and the Magazine of Short<br /> Stories.<br /> <br /> In the list of books published last month there<br /> oceur three misprints. For “ Rossetti” was<br /> printed “ Rossette,” for “ Barabbas” was printed<br /> “Barnabas,” for ‘Daudet” was printed<br /> “ Dandet.”<br /> <br /> Miss Mary Rowsell’s comedietta ‘‘ Richard’s<br /> Plan,” her joint drama with H. A. Saintsbury,<br /> “The Gambler,” and the play by Edwin Gilbert<br /> adapted from her story of ‘‘ Petronella,” called<br /> “White Roses,” have all been. taken and<br /> printed by Mr. Samuel French, 89, Strand, who<br /> will give information as to the terms of per-<br /> formance.<br /> <br /> Esmé Stuart will publish this season, through<br /> Messrs. Bentley and Son, a new novel called<br /> ““The Power of the Past.”<br /> <br /> The same author has also produced this<br /> autumn “A Woman of Forty: a Monogram”<br /> (Messrs. Methuen and Co.).<br /> <br /> <br /> <br /> <br />  <br /> <br /> <br /> <br /> <br /> <br /> THE AUTHOR.<br /> <br /> “ Penshurst Castle” is the title of Mrs. Emma<br /> Marshall’s new novel. It is a historical romance,<br /> the period laid in the time of Sir Philip Sidney.<br /> It will be published immediately by Messrs.<br /> Seeley and Co.<br /> <br /> The same author produced in October a story<br /> for girls called “The Close of St. Christopher”<br /> (publishers, Nisbet and Co.).<br /> <br /> “Into the Silent Land ” is the title of a volume<br /> of epitaphs copied chiefly from tombstones, by<br /> E. M. T., published by Simpkin, Marshall, and<br /> Co. (Crown 4to., illustrated, price 5s.).<br /> <br /> “The Desert Ship” (Hutchinson and Co.),<br /> which is now well before the re.ders of adven-<br /> ture stories, will be followed shortly by two serials<br /> from the pen of its author, Mr. John Bloundelle-<br /> Burton. One, dealing with the attempted colo-<br /> nisation of Darien (1698-9), and entitled ‘The<br /> Gentleman Adventurer,” will commence in Young<br /> England in January, and run through the year ;<br /> and another, “The Adventures of Viscount<br /> Anerly,’”’ will commence in the People a month<br /> or so later.<br /> <br /> Who wrote “Captain Clutterbuck’s Cham-<br /> pagne” ? We learn from the publishers, Messrs.<br /> W. Blackwood and Sons, that the author was<br /> General William MHamley, elder brother of<br /> General Sir Edward B. Hamley. It is strange<br /> that two brothers should both make a literary<br /> mark, and each with a single novel which sur-<br /> vives, and will survive when all their other work<br /> is forgotten.<br /> <br /> The first number of a new sixpenny monthly<br /> magazine will be issued shortly. It will be<br /> called the Imperial Magazine, and will be con-<br /> ducted by Mr. Francis George Heath. We have<br /> received a copy of Cream, together with a<br /> prospectus of the Imperial Press, Limited, also<br /> conducted by Mr. Heath.<br /> <br /> A new novel by Miss Peard, called “ An Inter-<br /> loper,”’ will form one of the serials in Temple Bar<br /> for 1894.<br /> <br /> The thirteenth volume of Arrowsmith’s “Three-<br /> and-Sixpence ” Series contains a story by Harold<br /> Vallings, author of ‘The Transgression of<br /> Terence Clancy,” &amp;c. It is entitled “Three Brace<br /> of Lovers,” and is illustrated by G. P. Jacomb-<br /> Hood aud Frank Feller.<br /> <br /> A cheap edition of Mr. Payn’s new novel, “A<br /> Stumble on the Threshold,” illustrated by Hal<br /> Ludlow, is just announced. (Horace Cox.)<br /> <br /> “A Step Aside,” by Gwendolen Douglas<br /> Galton (Mrs. Trench Gascoigne); and the<br /> “Martyrdom of Society,” by Quillim Ritter.<br /> (Horace Cox.)<br /> <br /> 271<br /> <br /> “Doing and Daring” is a Christmas book for<br /> <br /> boys, a tale of New Zealand. There is plenty of<br /> <br /> adventure in it; there are plenty of hairbreadth<br /> <br /> escapes; there is plenty of bravery and pluck.<br /> What can boys want more?<br /> <br /> ee<br /> <br /> WHAT THE PAPERS SAY.<br /> <br /> <br /> <br /> I.—Tue Penny Novetette.<br /> To the Editor of the Pall Mall Gazette.<br /> <br /> Str,—In the allusion made to the ‘penny<br /> novelette’” in your review of my last book, “ A<br /> Strange Temptation,’ your reviewer touched,<br /> perhaps unconsciously, on a question which is<br /> beginning to be one of great importance to<br /> myself and my fellow-novelists. We have two<br /> distinct classes of readers, and the danger is, lest<br /> in providing for the delicate, long-necked stork<br /> we may starve the hungry fox. It pleases one’s<br /> conceit to be called upon to write for the higher<br /> class of readers, which is becoming daily<br /> more fastidious, and demands a style which<br /> must be epigrammatic, packed with meaning, and<br /> as dainty in phraseology as Théophile Gautier’s.<br /> But I am not sure that it is good for us. The<br /> fear is that in attempting to cater for this public<br /> we may fall into what Dr. John Brown called<br /> “the sin of effort or of mere cleverness.” And<br /> there is a much larger second public, con-<br /> sisting of readers coming up not only from the<br /> lower middle classes, but from the board schools.<br /> Their name is legion, and we are obliged to take<br /> their needs into consideration. They not only buy<br /> our cheap editions, but they read our stories<br /> when they are first of all published by the news-<br /> paper agencies; and it is I suppose, an open<br /> secret that we novelists make most of our profits in<br /> serial publication. This is alow argument. A<br /> better one is the true one, that we are proud of<br /> providing these readers with good and unobjec-<br /> tionable reading. But for them the phraseology<br /> must not be too studied, nor the allusions too<br /> subtle, and the plot must be more or less exciting.<br /> It is painful to receive a message from one or<br /> other of them that your last book was so ‘‘ deep”’<br /> that they “could not understand it,” and to know<br /> that what Mrs. Brown calls “deep”? may at the<br /> same time seem shallow to a critic who belongs<br /> to the educated minority.<br /> <br /> You have often started good controversies, and<br /> if you or any of your readers can tell us writers<br /> of fiction how to solve this problem they will<br /> oblige—Yours faithfully,<br /> <br /> Lity SPENDER.<br /> <br /> Bath, Nov. 14.<br /> 272<br /> <br /> THE AUTHOR.<br /> <br /> Il.—Cocxnrey PRONUNCIATION.<br /> <br /> By ANDREW W. TUER, F.S.A.<br /> <br /> To Messrs. CHEVALIER, Du Maurier, ANSTEY, SULLIVAN,<br /> and others, in the hope that this scientific paper may pro-<br /> mote, even among distinguished students, greater untfor-<br /> mity in the pronunciation of a classic tongue.<br /> <br /> There would almost seem to be an opening for<br /> <br /> a dictionary of Cockney pronunciation.<br /> <br /> But it<br /> <br /> might pall, and at the moment a short list of<br /> <br /> words as yow pronounce them, and as<br /> <br /> he<br /> <br /> pronounces them, together with a few applica-<br /> tions, may suffice.<br /> <br /> You.<br /> Always<br /> Asked<br /> Assure<br /> As<br /> Away<br /> Baby<br /> Bank<br /> Been<br /> Boot-lace<br /> Came<br /> Carpet<br /> Carriage<br /> Cab<br /> Can<br /> Champagne<br /> Cheer<br /> Child<br /> Coffee<br /> Cross<br /> Daisy<br /> Day<br /> Decided<br /> Don’t<br /> Dozen<br /> Door<br /> Do you here?<br /> Drawing<br /> Duke<br /> Else<br /> Ever<br /> Face<br /> Far<br /> Fat<br /> First<br /> Five<br /> Flowers<br /> Fried<br /> Froze<br /> Garden<br /> Get<br /> <br /> Going<br /> <br /> Good morning !<br /> Gone<br /> <br /> Got your<br /> Gradually<br /> Gravel<br /> Guineas<br /> Hammersmith<br /> Harvest<br /> <br /> Have<br /> Headache<br /> Hear, hear!<br /> <br /> Here (Look her<br /> <br /> Home<br /> <br /> HE.<br /> Allwiz<br /> Ahst<br /> Asshaw<br /> Ez<br /> A-wy<br /> Bi-bee<br /> Benk<br /> Bin<br /> Boot-lice<br /> Kime<br /> Carpit<br /> Kerridge<br /> Keb<br /> Kin<br /> Shempine<br /> Chur<br /> Chahld<br /> Cawffay<br /> Crawss<br /> Di-zee<br /> Dy<br /> Dissardid<br /> Down’t<br /> Dezzin<br /> Dawer<br /> J’eer?<br /> Drawrin’<br /> Jook<br /> Elsh<br /> Ivver<br /> Fice<br /> Fur<br /> Fet<br /> Fust<br /> Fahve<br /> Flahs<br /> Frahd<br /> Frowze<br /> Garding<br /> Git<br /> A-gowin<br /> Mawnin !<br /> Gawn<br /> Gotch<br /> Gredjooly<br /> Grevvil<br /> Guinnays<br /> Emma Smith<br /> ’Arvist<br /> &quot;Ev<br /> *Ed-ike<br /> Yur, yur!<br /> e) He-yer<br /> ,Owm<br /> <br /> <br /> <br /> You.<br /> Horses<br /> How is<br /> Idiot<br /> Isn’t<br /> Lady<br /> Last<br /> Like<br /> News<br /> No<br /> Now<br /> Noses<br /> Obituary<br /> Odious<br /> Off<br /> Ob!<br /> Paper<br /> Pardon<br /> Particular<br /> Partner<br /> Perhaps<br /> Prospect<br /> Pure<br /> Put your<br /> Quite<br /> Rain<br /> Railway<br /> Recollect<br /> Regular<br /> Ridiculous<br /> Right<br /> Row<br /> Roses<br /> Same<br /> Say<br /> Says<br /> Showers<br /> Sit<br /> Smoking<br /> So<br /> Soft<br /> Society<br /> Stones<br /> Straight<br /> Surely<br /> Such<br /> Suppose<br /> Tired<br /> To-day<br /> Tract<br /> Tremendous<br /> Violets<br /> Ways<br /> Wept<br /> Worse<br /> <br /> He.<br /> &gt; Awsiz<br /> Owzh<br /> Idjit<br /> Eyen’t<br /> Li-dee<br /> Lahs<br /> Lahk<br /> Nooz<br /> Now<br /> Nay-ow<br /> Nowziz<br /> Obitchooary<br /> Ojus<br /> Awf<br /> Ow!<br /> Piper<br /> Parding<br /> Purtickler<br /> Pardner<br /> Preps<br /> Prospick<br /> Pee-aw<br /> Putch<br /> Quaht<br /> Rine<br /> Rahlwy<br /> Reckerlec’<br /> Regler<br /> Ridiklis<br /> Raht<br /> Ray-ow<br /> Rowziz<br /> Sime<br /> Sy<br /> Siz<br /> Shahs<br /> Sid<br /> Smowkin’<br /> Sow<br /> Sawft<br /> Sussarty<br /> Stowns<br /> Strite<br /> Shawly<br /> Sitch<br /> Spowze<br /> Tahd<br /> Ter-dy<br /> Trek<br /> Tremenjis<br /> Vahlits<br /> Wize<br /> Wep’<br /> Wuss<br /> <br /> You. He. You. Hz.<br /> You { Yus, yas, yis, You Joo<br /> or yahss You You<br /> You Yer You Jer<br /> You Choo Yours Yaws<br /> <br /> St. James&#039;s Gazette.<br /> <br /> <br /> <br /> <br /> <br /> T1I.—A Humorist’s Recirmen.<br /> <br /> Robert Barr (whose pseudonym, ‘‘ Luke Sharp,”<br /> <br /> is familiar to the readers of the Detroit Free<br /> <br /> Press) has written an article on “ How a Literary<br /> <br /> Man Should Live,” of which the conclusion is<br /> cited by his permission :—<br /> <br /> “JT am not,” he says, “an advocate of early<br /> rising. I believe, however, that every literary<br /> man should have fixed hours for getting up. I<br /> am very firm with myself on that score. I make it<br /> arule to rise every morning in winter between<br /> the hours of six and eleven, and in summer from<br /> half-past five until ten. A person is often tempted<br /> to sleep later than the limit I tie myself to, but<br /> a little resolution with a person’s self at first will<br /> be amply repaid by the time thus gained, and<br /> the feeling one has of having conquered a ten-<br /> dency to indolence. I believe thata literary man<br /> can get all the sleep he needs between eight<br /> o&#039;clock at night and eleven in the morning. I<br /> know, of course, that some eminent authorities<br /> disagree with me, but I am only stating my own<br /> experience in the matter, and don’t propose to<br /> enter into any controversy about it.<br /> <br /> “ On rising I avoid all stimulating drinks, such<br /> as tea or coffee. They are apt to set the brain<br /> working, and I object to work, even in its most<br /> disguised forms. A simple glass of hot Scotch,<br /> say half a pint or so, serves to tide over the<br /> period between getting up and breakfast time.<br /> Many literary men work before breakfast, but<br /> this I regard as a very dangerous habit. I try<br /> to avoid it, and so far have been reasonably<br /> successful, I rest until breakfast time. This<br /> gives the person a zest for the morning meal.<br /> <br /> “ For breakfast the simplest food is the best.<br /> I begin with oyster stew, then some cold chicken,<br /> next a few small lamb chops and mashed potatoes,<br /> after that a good-sized beefsteak and_ fried<br /> potatoes, then a rasher of bacon with fried eggs<br /> (three), followed by a whitefish or two, the meal<br /> being completed with some light, wholesome<br /> pastry, mince pie for preference. Care should be<br /> taken to avoid tea or coffee, and I think a word<br /> of warning ought to go forth against milk. The<br /> devastation that milk has wrought among literary<br /> men is fearful to contemplate. They begin,<br /> thinking that if they find it is hurting them,<br /> they can break off, but too often before they<br /> awaken to their danger the habit has mastered<br /> them. I avoid cayling at breakfast except a<br /> <br /> <br /> <br /> <br />  <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> large tumbler of brandy, with a little soda water<br /> added to give it warmth and strength.<br /> <br /> “No subject is of more importance to the<br /> literary aspirant than the dividing of the hours<br /> of work. I divide the hours just as minutely as<br /> I can, and then take as few of the particles as<br /> possible. I owe much of my success in life to the<br /> tact that I never allow work to interfere with the<br /> sacred time between breakfast and dinner. That<br /> is devoted to rest and thought. Much comfort<br /> can be realised during these hours by thinking<br /> what a stir you would make in the literary world<br /> if you could hire a man like Howells for five<br /> dollars a week to do your work for you. Such<br /> help, I find, is very difficult to obtain, and yet<br /> some people hold that the labour market is<br /> overcrowded. ‘The great task of the forenoon<br /> should be preparation for the midday meal. The<br /> thorough enjoyment of this meal has much to do<br /> with a man’s success in this life.<br /> <br /> “ Of course, I do not insist that a person<br /> should live like a hermit. Because he break-<br /> fasts frugally, that is no reason why he should<br /> not dine sumptuously. Some people dine at six<br /> and merely lunch at noon. Others have their<br /> principal meal in the middle of the day, and have<br /> a light supper. There is such merit in both<br /> these plans that I have adopted both. I take a<br /> big dinner and a light lunch at noon, and a heavy<br /> dinner and a simple supper in the evening. A<br /> person whose brain is constantly worried about<br /> how he can shove off his work on somebody else<br /> has to have a substantial diet. The bill of fare<br /> for dinner should include everything that abounds<br /> in the market—that the literary man can get<br /> trusted for.<br /> <br /> “ After a good rest when dinner is over, remain<br /> quiet until supper-time, so that the brain will<br /> not be too much agitated for the trials that come<br /> after that meal.<br /> <br /> “T am a great believer in the old adage of<br /> ‘early to bed.’ We are apt to slight the wisdom<br /> of our forefathers; but they knew what they<br /> were about when they advised early hours. [<br /> always get to bed early—say two or three in the<br /> morning. I do not believe in night work. It is<br /> rarely of a good quality. The brain is wearied<br /> with the exertions of the day, and should not be<br /> overtaxed. Besides, the time can be put in with<br /> iess irksomeness at the theatre, or mm company<br /> with a lot of congenial companions who avoid the<br /> stimulating effects of tea, coffee, and milk.<br /> Tobacco, if used at all, should be sparingly in-<br /> dulged in. I never allow myself more than a<br /> dozen cigars a day ; although, of course, I supple-<br /> ment this with a pipe.<br /> <br /> ‘When do I do my literary work ? Why, next<br /> day of course ”’ Rosperr Barr.<br /> <br /> THE AUTHOR.<br /> <br /> 273<br /> <br /> TV.—ADVERTISING AS A FINE Arr.<br /> <br /> It is about time that advertisements were<br /> edited. Even the largest papers are feeling this,<br /> and for our pocket-paper it is mdispensable At<br /> present advertisement pages are put together<br /> anyhow. The advertiser pays his money and<br /> takes his choice as to what he puts in. He<br /> will sometimes in the plenitude of his autho-<br /> rity transform a whole broadsheet into a staring<br /> and hideous poster in which the man who has<br /> purchased the space proclaims in the largest<br /> capitals what goods he has for sale. It seems to<br /> me that the interests, both of the advertiser and<br /> of the public, would be served if it were to be<br /> regarded as an axivm that advertising payes<br /> ought to be as interesting as those devoted to<br /> news. They should be kept distinct, there should<br /> be no mixing of the two; but advertisements<br /> should be readable. An uninteresting adver-<br /> tisement ought to be refused equally with an<br /> uninteresting piece of copy. Of course to news-<br /> papers at their wits’ ends to know how to fill<br /> their columns with advertisements, such an ideal<br /> may be impossible; but in a small and handy<br /> paper such as this, if an advertiser cannot make<br /> his advertisement interesting, he will have to<br /> leave it out. Here and there an advertiser has<br /> made an effort to make his advertisement read-<br /> able, but often this movement has been rendered<br /> worse than useless by the insertion of such an<br /> advertisement in the news part of the paper.<br /> There are few things more objectionable than<br /> advertisements palmed off as if they were news.<br /> Every advertisement ought to be marked, and<br /> not mixed up with the news, but put where<br /> people will know where to find them.<br /> <br /> In addition to having advertisements interesting<br /> they ought to be honest. T hope that The Daily<br /> Paper will never publish an advertisement which<br /> will be calculated to injure, to mislead, or to<br /> defraud the public. At present the ethics of news-<br /> paper proprietors in this respect are very rudi-<br /> mentary. It is tacitly accepted that you can adver-<br /> tise what you please; as long as the money comes<br /> in it makes no difference A rule that no financial<br /> advertisements should be inserted which invited<br /> the public to subscribe to what, in the opinion of<br /> our City Editor, was a barefaced swindle, would<br /> exclude a good number of advertisements. Of<br /> course with the most vigilant scrutiny now and<br /> then an advertisement will tind its way into our<br /> columns which should not have appeared. In<br /> those cases if any reader should have reason to<br /> complain of having been defrauded by any adver-<br /> tisement appearing in these columns he will be<br /> invited to send in a statement of his case, and if<br /> it is proved to be well founded, the advertisement<br /> will be immediately discontinued, and when it is<br /> 274<br /> <br /> found that the advertiser has rendered himself<br /> liable to prosecution by obtaining money on false<br /> pretences, or by rendering himself in any way<br /> amenable to law, The Daily Paper will under-<br /> take the cost of his prosecution. Of course it<br /> will be said this will limit the number of adver-<br /> tisements which may be accepted, but I have no<br /> wish to make my paper an advertising board for<br /> swindlers, and I hope that I shall have the co-<br /> operation of my readers in making it difficult for<br /> these gentry to obtain possession of their neigh-<br /> bours’ money.—From the sample number of The<br /> Daily Paper, by W. T. Stead.<br /> <br /> <br /> <br /> V.—Lectures AND LIBRARIES.<br /> <br /> The combination of public libraries and popular<br /> lectures is not altogether a novelty, though it is<br /> not often found’as a systematic and perma-<br /> nent arrangement. It will, however, be the dis-<br /> tinctive feature of the new Bishopsgate Institute<br /> which is being erected in the parish of St. Botolph,<br /> Bishopsgate, mainly through the efforts of the<br /> Rev. William Rogers, the well-known rector.<br /> The scheme, which was prepared by the Charity<br /> Commissioners, presumably under Mr. Rogers’<br /> inspiration, has now reached the stage at which<br /> the governors are able to consider the question<br /> of appointing the directors, and it is hoped that<br /> it may be fully at work next winter. A sum of<br /> some £50,000 has been spent on the buildings, and<br /> a permanent income of £2000 assured, so that the<br /> scope of its operations will be of special interest.<br /> One of its principal objects, as laid down in the<br /> scheme, is the provision of public lectures and<br /> entertainments, or industrial and art exhibitions,<br /> under such conditions as will make them available<br /> for the poorer classes, and for this purpose the<br /> University Extension Society, the Society of Arts,<br /> and the Sanitary Society, are specifically named.<br /> Power is taken to defray either a whole or in<br /> part the cost of such lectures, and the hall may<br /> also be used for public meetings not being poli-<br /> tical, denominational, or sectarian. A reference<br /> reading-room, a newspaper reading-room, and a<br /> lending library are to be established, the use of<br /> the latter to be confined to persons residing in the<br /> eastern parishes of the City, but the others open<br /> to the public generally. The site of the new<br /> institute is at 62 and 63, Bishopsgate-street<br /> Without.— City Press.<br /> <br /> THE AUTHOR.<br /> <br /> NEW BOOKS AND NEW EDITIONS.<br /> History and Biography.<br /> <br /> Axnoup-Foster, H. O. Things New and Old, or Stories<br /> from English History, for the use of schools. Llus-<br /> trated. Standard III. Cassell. 1s.<br /> <br /> Asuron, Jonn. A History of English Lotteries.<br /> <br /> _ trated. The Leadenhall Press. 12s. 6d.<br /> <br /> Brut, Cora H. The Life of Marie Antoinette, by<br /> Maxime de la Rocheterie, translated from the French<br /> by. 2 vols. Osgood, M‘Ilvaine. 218.<br /> <br /> Benyowsky, Count. 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