| 435 | https://historysoa.com/items/show/435 | The Author, Vol. 22 Issue 10 (July 1912) | <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.+22+Issue+10+%28July+1912%29"><em>The Author</em>, Vol. 22 Issue 10 (July 1912)</a> | | | <a href="https://babel.hathitrust.org/cgi/pt?id=mdp.39015039402600" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=mdp.39015039402600</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> | 1912-07-01-The-Author-22-10 | | | | | 255–284 | | | | | | | | | | | | | | | | | | <a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=89&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=22">22</a> | | | | | | | | | | | <a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=76&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=1912-07-01">1912-07-01</a> | | | | | | | 10 | | | 19120701 | The Author.<br />
(The Organ of the Incorporated Society of Authors. Monthly.)<br />
VOL. XXII.-No. 10.<br />
JULY 1, 1912.<br />
(PRICE SIXPENCE.<br />
CONTENTS.<br />
PAOR<br />
255<br />
255<br />
255<br />
257<br />
260<br />
PAGE<br />
271<br />
272<br />
272<br />
272<br />
272<br />
262<br />
Notices<br />
The Society's Funds<br />
The Pension Fund<br />
Cornmittee Notes ...<br />
Books published by Members ...<br />
Literary, Dramatic and Musical Notes<br />
Paris Notes... ... . .. ...<br />
United States Notes ...<br />
Copyright in a Newspaper Article ...<br />
United States Law Case<br />
A Dangerous Clanse ...<br />
Magazine Contents<br />
How to Use the Society ...<br />
Warnings to the Producers of B<br />
Warnings to Dramatic Authors<br />
Registration of Scenarios and Origins<br />
Dramatic Authors and Agents<br />
Warnings to Musical Composers<br />
Stamping Music ...<br />
The Reading Branch<br />
Remittances<br />
General Notes<br />
Obituary ...<br />
Composers' Agreements...<br />
The Proposed New Copyright Law of Holland<br />
British Writers and Journalists in Touraine<br />
Inspiration... ...<br />
Correspondence<br />
272<br />
272<br />
273<br />
264<br />
265<br />
267<br />
268<br />
269<br />
270<br />
271<br />
271<br />
274<br />
275<br />
278<br />
280<br />
281<br />
282<br />
Putnam's Shilling Fiction<br />
The Wheels of Time .<br />
.<br />
.<br />
1/- net.<br />
net.<br />
(100,000 copies sold.)<br />
By FLORENCE L. BARCLAY, Author of “The Rosary."<br />
" It is an honest little story and well written.”—Times.<br />
Wayfarers<br />
1/- net.<br />
net.<br />
.<br />
. By LENORE VAN DER VEER.<br />
A winter story of life and death and love in Switzerland.<br />
[Just Published.<br />
The Land of the Blue Flower<br />
.<br />
1/- net.<br />
net.<br />
By FRANCES HODGSON BURNETT,<br />
Author of “Little Lord Fauntleroy."<br />
“This dainty little story ... is exceedingly well told ... Mrs. Hodgson Burnett<br />
has once again given her thousands of readers cause to love her.”-Sphere.<br />
[Third Impression.<br />
G. P. PUTNAM'S SONS,<br />
24, BEDFORD STREET, STRAND, W.C.<br />
<br />
<br />
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<br />
ADVERTISEMENTS.<br />
The Society of Authors (Incorporated).<br />
Telegraphic Address : "AUTORIDAD, LONDON.”<br />
Telephone No. : 374 Victoria.<br />
PRESIDENT.<br />
THOMAS HARDY, O..M.<br />
COUNCIL.<br />
SIR ROBERT ANDERSON, K.C.B. SIR W. MARTIN CONWAY.<br />
AYLMER MAUDE.<br />
THE RIGHT HON. SIR WM. REYNELL THE RIGHT Hox. THE EARL CURZON, THE REV. C. H. MIDDLETON-WARE.<br />
ANSON, Bart., P.C., M.P., D.C.L.<br />
G.C.S.I.<br />
SIR HENRY NORMAN, M.P.<br />
THE RIGHT HON. THE LORD AUSTIN DOBSON.<br />
SIR GILBERT PARKEK, M.P.<br />
AVEBURY, P.O.<br />
SIR ARTHUR CONAN DOYLE.<br />
SIR ARTHUR PINERO.<br />
J. M. BARRIE.<br />
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THE RIGHT Hon. AUGUSTINE BIB ANTHONY HOPE HAWKINS.<br />
G. BERNARD SHAW,<br />
RELL, P.C.<br />
E. W. HORNUNG.<br />
G. R, SIMs.<br />
MRS. E. NESBIT BLAND.<br />
MAURICE HEWLETT.<br />
DR. S. SQUIRE SPRIGGE.<br />
THE REV. PROF. BONNEY, F.R.S. W. W. JACOBS.<br />
FRANCIS STORR.<br />
The Right Hon. JAMES BRYCE, P.C. HENRY JAMES.<br />
SIR CHARLES VILLERS STAXPORD,<br />
THE RIGHT Ilon. THE LORD BORGH. JEROME K. JEROM R.<br />
Mus. Doc.<br />
CLERE, P.C.<br />
HENRY ARTHUR JONES,<br />
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HALL CAINE.<br />
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COMMITTEE OF MANAGEMENT.<br />
Chairman- Dr. S. SQUIRE SPRIGGE.<br />
SIR ALFRED BATEMAN, K.C.M.G. I MAURICE HEWLETT,<br />
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MRS. BELLOC-LOWNDES.<br />
W. W. JACOBS.<br />
G. BERNARD SHAW.<br />
MRS. E. NESBIT BLAND.<br />
AYLMER MAUDE.<br />
FRANCIS STORR,<br />
J. W. COMYNS CARR.<br />
HESKETH PRICHARD.<br />
DRAMATIC SUB-COMMITTEE.<br />
Chairman-R. C. Carton.<br />
RUDOLF BESIER.<br />
JEROME K. JEROME.<br />
I G. BERNARD SHAW.<br />
C. HADDON CHAMBERS.<br />
W. J. LOCKE.<br />
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ANSTEY GUTHRIE.<br />
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Mrs. HUMPHRY WARD.<br />
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Chairman-SIR CHARLES VILLIERS STANFORD, Mus. Doc.<br />
GRANVILLE BANTOCK.<br />
CECIL FORSYTH.<br />
ARTHUR SOMERVELL.<br />
PERCY C. BUCK, Mus. Doc.<br />
SIDNEY JONES.<br />
HERBERT SULLIVAN.<br />
THOMAS F. DUNHILL.<br />
JOHN B, MCEWEN.<br />
WILLIAM WALLACE.<br />
COPYRIGHT SUB-COMMITTEE.<br />
H. A. HINKSON.<br />
SIR CHARLES VILLIERS STANFORD, HERBERT SULLIVAN,<br />
E, J. MACGILLIVRAY.<br />
Mus. Doc.<br />
SIR JAMES YOXALL, M.P.<br />
M. H. SPIELMANN.<br />
ART.<br />
The Hon. John COLLIER.<br />
John HASSALL, R.I.<br />
ARTHUR RACKHAM.<br />
BIR W. MARTIN CONWAY.<br />
J. G. MILLAIS.<br />
M. H, SPIELMANX.<br />
FIELD, ROSCOK & Co., 36, Lincoln's Inn Fields, W.O.<br />
- Secretary-G. HERBERT THRING,<br />
G. HERBERT TUBING, 39, Old Queen Street, Storey's Gate, 8.W.)<br />
Solicitor in England to<br />
La Sociste des Gens de Loutre,<br />
Legal Representative in America—JAMES BYRNE, 24, Broad Street, New York, U.S.A,<br />
OFFICES.<br />
39, OLD QUEEN STREET, STOREY'S GATE, 8.W.<br />
<br />
<br />
## p. 254 (#717) ############################################<br />
<br />
ADVERTISEMENTS.<br />
iii<br />
- PLAYS<br />
MR. FORBES DAWSON<br />
COTTERILL & CROMB,<br />
Literary Agents,<br />
Lennox House, Norfolk Street,<br />
(Member of the Incorporated Society of Authors).<br />
-Strand, W.C.-<br />
During the past year Messrs. Cotterill & Cromb have placed<br />
An Actor of over 25 years' experience in every<br />
literary work (Books, Serials and Short Stories) for the<br />
following Authors:<br />
class of character, play, and theatre.<br />
COSMO HAMILTON,<br />
GUNBY HADATH,<br />
DEREK VANE,<br />
FRANCIS MARLOWE,<br />
Master of Stage Craft & Play Construction, GEORGE EDGAR,<br />
W. HAROLD THOMSON,<br />
ANNESLEY KENEALY, HILDA COWHAM,<br />
CHARLES PROCTER,<br />
ROGER POCOCK,<br />
Author of plays produced in Great Britain<br />
SEUMAS MACMANUS,<br />
REEVES SHAW<br />
and America. Adapter of several novels to the<br />
RUBY M. AYRES,<br />
MARK ALLERTON,<br />
R. MURRAY GILCHRIST, JOHN HASLETTE,<br />
stage.<br />
BERTRAM ATKEY,<br />
CLIVE HOLLAND,<br />
F. ST. MARS<br />
NORMAN INNES,<br />
GIVES PRACTICAL ADVICE UPON PLAYS.<br />
PAUL URQUHART,<br />
Etc., Etc.<br />
ADAPTS STORIES TO THE STAGE.<br />
Each MS. receives the personal attention of Mr. Cotterill and<br />
---- NO THEORIES. —<br />
Mr. Cromb, who have a unique knowledge of the Book and<br />
No charge for reading and giving a practical<br />
Serial Market.<br />
opinion on a play.<br />
WRITE FOR TERMS. INTERVIEWS BY APPOINTMENT.<br />
Telephone : GERRARD 1093.<br />
Knows the best people in the dramatic world,<br />
and has gained the necessary experience for this<br />
TYPEWRITING & SECRETARIAL WORK<br />
(Shorthand.)<br />
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Authors' Manuscripts & other work promptly<br />
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Terms : 10d. per 1,000 Words.<br />
Reference kindly permitted to Rev. H. W. CLARK.<br />
Address : 23, MIDMOOR ROAD, WIMBLEDON, S.W. MISS I. U. BAILEY, WESTWICK, HARPENDEN, HERTS.<br />
Publications of the Society.<br />
1. THE ANNUAL REPORT FOR 1911.<br />
Price 18. net.<br />
8. THE SOCIETY OF AUTHORS.<br />
A Record of its Action from its Foundation, By WALTER<br />
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IN GERMANY, AUSTRIA, HUNGARY,<br />
AND SWITZERLAND. By ERNST LUNGE,<br />
J.U.D. Price 28, 60, net.<br />
8. LITERATURE AND THE PENSION<br />
LIST. By W. MORRIS COLLES, Barrister-at-<br />
Law. Price 38. net,<br />
4. THE HISTORY OF THE SOCIÉTÉ DES<br />
GENS DE LETTRES. By S. SQUIRE SPRIGGE.<br />
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5. THE COST OF PRODUCTION.<br />
(Out of print.).<br />
10. FORMS OF AGREEMENT ISSUED BY<br />
THE PUBLISHERS' ASSOCIATION ;<br />
WITH COMMENTS. By G. HERBERT<br />
THRING, and Hlustrative Examples by Sir WALTER<br />
BESANT, 2nd Edition Price 1s, net.<br />
11. PERIODICALS AND THEIR CONTRI-<br />
BUTORS. Giving the Terms on which the<br />
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Contributions. Price 6d. net.<br />
6. THE VARIOUS METHODS OF PUBLI 12. SOCIETY OF AUTHORS.<br />
CATION. By S. SQUIRE SPRIGGE. In this<br />
List of Members. Published October, 1907, price 6d. net.<br />
work, compiled from the papers in the Society's offices,<br />
the various forms of agreements proposed by Publishers 13. INTERNATIONAL COPYRIGHT CON-<br />
to Authors are examined, and their meaning carefully<br />
explained, with an account of the various kinds of fraud<br />
VENTION AS REVISED AT BERLIN,<br />
which have been made possible by the different clauses<br />
1909. Price 1s. net<br />
therein, Price 3snet.<br />
7. ADDENDA TO THE ABOVE.<br />
14. DRAMATIC AGENCY AGREEMENT.<br />
3d, net.<br />
By G. HERBERT THRING. Being additional facts<br />
collected at the office of the Society since the publication<br />
of the “Methods." With comments and advice. Price<br />
15. LITERARY AGENCY AGREEMENT.<br />
28. net.<br />
3d, net.<br />
[All prices net. Apply to the Secretary, 39, Old Queen Street, Storey's Gate, S.W.]<br />
<br />
<br />
## p. 254 (#718) ############################################<br />
<br />
ADVERTISEMENTS.<br />
SAVE YOUR NUMBERS carefully until the<br />
- Volume is complete by using<br />
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Where to get it Within the Empire.<br />
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Price 2/8 net.<br />
This useful invention enables subscribers to bind up<br />
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same as, an ordinarily bound book. It is the only method by<br />
which The Author can be instantly bound with the same<br />
facility as a single leaf, and there are no wires or elastic<br />
strings to get out of order.<br />
The whole invention is of English Manufacture. The<br />
Cloth Covers are made by leading London Bookbinders, and<br />
the Metal Fittings by a well-known West End Firm.<br />
Should an accident cause any part of the mechanism to<br />
break, it can be replaced by return of post at the cost of a few<br />
pence.<br />
A FEW PRESS OPINIONS.<br />
ST. JAMES' BUDGET:-"The advantages of the Binder are so obvious ..."<br />
LEEDS MEROCRY:"An ingenious and accommodating invention."<br />
WESTMINSTER BUDGET:- The construction of the Binder is simplicity<br />
itself, and is serviceable from beginning to end"<br />
LITERARY WORLD :-"A clever device--so extremely simple and ensy<br />
in applying."<br />
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Healthy, Happy, Industrial Homes for the Unemployed.<br />
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Terms, 10 Per Cent.<br />
No Reading Fee.<br />
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Ertracts from Letters received.<br />
The same care and trouble will be taken with your MSS. if placed with<br />
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ADDRESS<br />
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<br />
## p. 255 (#719) ############################################<br />
<br />
The Author.<br />
(The Organ of the Incorporated Society of Authors. Monthly.)<br />
FOUNDED BY SIR WALTER BESANT.<br />
VOL. XXII.—No. 10.<br />
JULY 1, 1912,<br />
[PRICE SIXPENCE.<br />
TELEPHONE NUMBER :<br />
374 VICTORIA.<br />
TELEGRAPHIC ADDRESS :<br />
AUTORIDAD, LONDON.<br />
ADVERTISEMENTS,<br />
As there seems to be an impression among<br />
readers of The Author that the Committee are<br />
personally responsible for the bona fides of the<br />
adrertisers, the Committee desire it to be stated<br />
that this is not, and could not possibly be, the case.<br />
Although care is exercised that no undesirable<br />
advertisements be inserted, they do not accept, and<br />
never have accepted, any liability.<br />
Members should apply to the Secretary for advice<br />
if special information is desired.<br />
NOTICES.<br />
nor 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 opinion<br />
of the Committee unless such is especially stated<br />
to be the case.<br />
THE SOCIETY'S FUNDS.<br />
THE Editor begs to inform members of the<br />
Authors' Society and other readers of The Author<br />
that the cases which are quoted in The Author are<br />
cases that have come before the notice or to the<br />
knowledge of the Secretary of the Society, and that<br />
those members of the Society who desire to have<br />
the names of the publishers concerned can obtain<br />
them on application.<br />
IROM time to time members of the Society<br />
desire to make donations to its funds in<br />
recognition of work that has been done for<br />
them. The Committee, acting on the suggestion<br />
of one of these members, have decided to place<br />
this perinanent paragraph in The Author in order<br />
that members may be cognisant of those funds to<br />
which these contributions may be paid.<br />
The funds suitable for this purpose are: (1) The<br />
Capital Fund. This fund is kept in reserve in<br />
case it is necessary for the Society to incur heavy<br />
expenditure, either in fighting a question of prin-<br />
ciple, or in assisting to obtain copyright reform,<br />
or in dealing with any other matter closely<br />
connected with the work of the Society.<br />
(2) The Pension Fund. This fund is slowly<br />
increasing, and it is hoped will, in time, cover the<br />
needs of all the members of the Society.<br />
ARTICLES AND CONTRIBUTIONS.<br />
THE Editor of The Author begs to remind<br />
members of the Society that, although the paper<br />
is sent to them free of cost, its production would<br />
be a very heavy charge on the resources of the<br />
Society if a great many members did not forward<br />
to the Secretary the modest 5s. 6d. subscription for<br />
the year.<br />
Communications for The Author should be<br />
addressed to the Offices of the Society, 39, Old<br />
Queen Street, Storey's Gate, S.W., and should<br />
reach the Editor not later than the 21st of each<br />
month.<br />
Communications and letters are invited by the<br />
Editor on all literary matters treated from the<br />
standpoint of art or business, but on no other<br />
subjects whatever. Every effort will be made to<br />
return articles which cannot be accepted.<br />
THE PENSION FUND.<br />
TN January the secretary of the society laid<br />
I before the trustees of the Pension Fund the<br />
accounts for the year 1911, as settled by the<br />
accountants, with a full statement of the result of<br />
the appeal recently made on behalf of the Fund.<br />
After giving the matter full consideration the<br />
trustees instructed the secretary to invest the sum<br />
VOL. XXII.<br />
pued.<br />
*<br />
2<br />
<br />
<br />
## p. 256 (#720) ############################################<br />
<br />
256<br />
THE AUTHOR.<br />
The secretary would like to state that he has<br />
received three bankers' orders in answer to the<br />
recent appeal, unsigned, without any covering letter.<br />
He would be glad, therefore, if those members who<br />
may have sent in these orders, recognising them<br />
from their description, would write to the secretary<br />
on the matter.<br />
Bankers' Order for 10s. drawn on the London,<br />
County and Westminster Bank, Maidstone.<br />
Bankers' Order for 10s. drawn on the National<br />
Provincial Bank of England, Baker Street, W.<br />
Bankers' Order for 5s. drawn on the London,<br />
County and Westminster Bank, Kensington, W.<br />
of £500 in the purchase of Antofagasta and<br />
Bolivian Railway 5%. Preferred Ordinary Stock<br />
and Central Argentine Railway Ordinary Stock.<br />
The amounts purchased at the present prices are<br />
£237 in the former and £232 in the latter stock.<br />
The trustees desire to thank the members of the<br />
society for the generous support which they have<br />
given to the Pension Fund, and have much pleasure<br />
in informing the Pension Fund Committee that<br />
there is a further sum available for the payment of<br />
another pension in case any application should be<br />
made. The money now invested amounts to<br />
£4,846 198. 4d., and is fully set out in the list<br />
below :-<br />
Consols 21% ...........................£1,312 13 4<br />
Local Loans........<br />
.......... 500 0 0<br />
Victorian Government 3°%Consoli-<br />
dated Inscribed Stock... ............ 291 19 11<br />
London and North-Western 3%<br />
Debenture Stock ......<br />
250 0 0<br />
Egyptian Government Irrigation<br />
Trust 4% Certificates ...<br />
200 0 0<br />
Cape of Good Hope 31% Inscribed<br />
Stock ....................<br />
200 0 0<br />
Glasgow and South-Western Railway<br />
4. Preference Stock<br />
228 0 0<br />
New Zealand 31% Stock ....... 247 .9 6<br />
Irish Land Act 27% Guaranteed<br />
Stock ........<br />
258 0 0<br />
Corporation of London 21% Stock,<br />
1927-57 ......<br />
438 2 4<br />
Jamaica 31% Stock, 1919-49 ...... 132 18 6<br />
Mauritius 4° 1937 Stock ....<br />
120 121<br />
Dominion of Canada C.P.R. 31%<br />
Land Grant Stock, 1938............ 198 3 8<br />
Antofagasta and Bolivian Railway<br />
5%. Preferred Stock .......<br />
237 0 0<br />
Central Argentine Railway Ordinary<br />
Stock ...........<br />
232 ( 0)<br />
£<br />
0<br />
0<br />
0<br />
s. d.<br />
5 0<br />
5 0<br />
5 0<br />
༠ ༤་<br />
(<br />
༤་ ༠ ༠ ༤་<br />
0<br />
0<br />
5<br />
0<br />
0 10<br />
0<br />
0<br />
1<br />
5<br />
1<br />
0<br />
0<br />
Subscriptions.<br />
1912.<br />
.<br />
Jan. 1, Worsley, Miss Alice . .<br />
Jan. 2, Sturt, George . . . .<br />
Jan. 2, Wicks, Mark (in addition to<br />
present subscription). .<br />
Jan. 3, Northcote, The Rev. H.'. .<br />
Jan. 3, Phipson, Miss E. (in addition<br />
to present subscription) .<br />
Jan. 3. Hedgcock, F. A. . . .<br />
Jan. 5, Matcham, Mrs. Eyre ..<br />
Jan. 8, Stayton, Frank .<br />
Jan. 8, Canziani, Miss Estella .<br />
Jan. 10, Ropes, d. R..<br />
Jan. 12, Francis, René .. .<br />
Jan. 15, Pollock, Miss Edith (in addi-<br />
tion to present subscription)<br />
Jan. 27, Hutchinson, the Rev. H. N. .<br />
Feb. 7, L. M. F., per month during<br />
1912<br />
„ . . . .<br />
Feb. 7, Letts, Miss W.M. . .<br />
Feb. 8, Cooke, W. Bourne . . .<br />
Feb. 8, Annesley, Miss Maude.<br />
Feb. 9, O'Donnell, Miss Petronella .<br />
March 6, Curwen, Miss Maud . .<br />
March 6, Anderson, Arthur . .<br />
March 15, George, W. L. (in addition<br />
to present subscription).<br />
April 6, Bland, J. 0. P.<br />
April 6, Taylor, Mrs. Basil<br />
.<br />
April 6, Forrester, J. Cliffe. .<br />
June 6, Probert, W. S. .<br />
June 6, Wheelhouse, Miss M. V.<br />
June 6, Acland, Mrs. C. 1). . .<br />
June 6, Spurrell, Herbert (from 1912<br />
to 1915).<br />
· .<br />
June 6. Spens. Archibald B. .<br />
0<br />
0<br />
1 0<br />
5<br />
1 1<br />
0 10<br />
0 5<br />
05<br />
1 1<br />
6<br />
0<br />
0<br />
Total .......<br />
.£4,846 194<br />
010 0<br />
()<br />
0<br />
PENSION FUND.<br />
ēr er er<br />
0<br />
0<br />
5<br />
0<br />
0<br />
5<br />
0<br />
The list printed below includes all fresh dona-<br />
tions and subscriptions (i.e., donations and<br />
subscriptions not hitherto acknowledged) received<br />
by, or promised to, the fund from January 1,<br />
1912.<br />
It does not include either donations given<br />
prior to January 1, nor does it include sub-<br />
scriptions paid in compliance with promises made<br />
before it.<br />
The full list of annual subscribers to the fund<br />
appeared in the November issue of The Author.<br />
Donations.<br />
1912.<br />
Jan. 2, Risque, W. H.<br />
Jan. 2, Dart, Miss Edith ..<br />
Jan. 3, “K.”<br />
0 10 0<br />
. 0 10 6<br />
, 010 0<br />
,<br />
<br />
<br />
## p. 257 (#721) ############################################<br />
<br />
THE AUTHOR.<br />
257<br />
£ 8. d.<br />
0 5 0<br />
5<br />
0<br />
·<br />
0<br />
()<br />
1<br />
·<br />
ce cometer errore<br />
es el so ON<br />
0<br />
0<br />
.<br />
·<br />
0<br />
0<br />
£ 8. d.<br />
1 1 0 March 18, Schwarz, Prof. Ernest<br />
05 () March 19, Wallace, Sir Donald Mac-<br />
0 10 0<br />
kenzie, K.C.V.O., .<br />
1 0 0 March 21, Wbarton, Leonard . .<br />
20 0 0 March 22, Holbach, Mrs. . .<br />
1 1 0 March 23, Parks, H. C. . . .<br />
0 5 0 March 25, Williams, Mrs. Illtyd . .<br />
0 10 0 April 2, XX. Pen Club .<br />
0 10 0 April 6, Taylor, Mrs. Basil . . .<br />
10 0 April 6, Cameron, Mrs. Charlotte<br />
0 0 April 10, Kenny, Mrs. L. M. Stacpoole<br />
0 April 10, Robbins, Alfred F. .<br />
0 5 0 April 10, Harris, Emma H. .<br />
April 11, Ralli, C. Scaramanga . .<br />
1 10 April 11, Aitken, Robert . . .<br />
0 April 16, L. M. F. (£1 per month,<br />
2 2 0<br />
February, March, April)<br />
0 April 22, Prior, Mrs. Melton . .<br />
0 May 2, Baden-Powell, Miss Agnes<br />
May 25, Koebel, W. H. . .<br />
0 5 0 May 28, Harland, Mrs. Henry . .<br />
1 1 0 May 28, Wood, Mrs. A. E.<br />
0 5 0 June 4, Hornung, E. W. .<br />
( 10 ) June 4, Ward, Dudley .<br />
.<br />
0 5 0 June 6, Worrall, Lechmere .<br />
0 5 0 June 13, Robbins, Miss Alice E. .<br />
..<br />
19 orrererer<br />
0<br />
05<br />
3 3<br />
1 1<br />
0<br />
0<br />
.<br />
er ve BTN<br />
3 0 0<br />
0 10 6<br />
05 0<br />
0 10<br />
( 10 0<br />
0<br />
.<br />
0 19<br />
5 0<br />
.<br />
0<br />
0<br />
1<br />
5<br />
5<br />
1<br />
0<br />
0<br />
0<br />
.<br />
5<br />
0<br />
Jan. 3, Church, Sir Arthur .<br />
.<br />
Jan. 3, Durrant, W. Scott .<br />
Jan. 3, Tighe, Henry.<br />
• .<br />
Jan. 3, Grant, Lady Sybil . •<br />
Jan. 4, Smith, Bertram<br />
Jan. 4, Buckrose, J. E. .<br />
Jan. 4, Lathbury, Miss Eva<br />
:<br />
Jan. 5, Wilson, Dr. Albert .<br />
•<br />
Jan. 5, Craven, A. Scott .<br />
.<br />
Jan. 6, Blundell, Miss Alice<br />
Jan. 6, Garbutt, W. H. .. .<br />
Jan. 6, Serjeant, Miss Constance<br />
Jan. 9, Chamberlayne, Miss Effie<br />
Jan. 9, Hamel, Frank<br />
Jan. 10, Allen, W. Bird .<br />
Jan. 10, Crellio, H. N. .<br />
Jan. 10, Smith, Herbert W.<br />
Jan. 12, Randall, F. J.<br />
Jan. 13, P. H. and M. K. .<br />
Jan. 15, Clark, Henry W...<br />
Jan. 17, Rankin, Mrs. F. M. , .<br />
Jan. 18, Paternoster, Sidney<br />
.<br />
Jan. 20, M‘Ewan, Miss Madge.<br />
Jan. 22, Kaye-Smith, Miss Sheila .<br />
Jan. 22, Mackenzie, Miss J. . .<br />
Jan. 22, Reiss, Miss Erna . . .<br />
Jan. 22, Grisewood, R. Norman .<br />
Jan. 23, Machen, Arthur.<br />
Jan. 24. Williamson, C. N. and Mrs. C. N.<br />
Jan. 26, Way, Miss Beatrice .<br />
.<br />
Jan. 30, Saies, Mrs. Florence H. .<br />
Jan. 30, Weyman, Stanley (in addition<br />
to subscription) . .<br />
Jan. 30, S. F. G. . .<br />
.<br />
Feb. 3, Douglas, James A. .<br />
Feb. 6, Parker, Mrs. Nella .<br />
Feb. 6, Allen, Mrs. James.<br />
Feb. 10, Whibley, C. . .<br />
.<br />
Feb. 12, Loraine, Lady .<br />
Feb. 12, Ainslie, Miss K. .<br />
Feb. 12, King, A. R. . .<br />
Feb. 13, Ayre, Miss G. B. .<br />
Feb. 14, Gibson, Miss L. S.<br />
Feb. 15, Henley, Mrs. W. E.<br />
Feb. 15, Westall, W. Percival .<br />
Feb. 17, Raphael, Mrs.<br />
. .<br />
Feb. 19, Cabourn, John .<br />
Feb. 19, Gibbs, F. L. A. .<br />
Feb. 21, Hinkson, H. A., and Mrs.<br />
Feb. 24, Hamilton, Cosmo<br />
Feb. 27, Plowman, Miss Mary .<br />
Feb. 28, Aspinall, A. E. . .<br />
March 2, Montesole, Max.<br />
March 9, Pickering, Mrs. Frank .<br />
March 15, Trevanwyn, John . .<br />
March 16, O'Higgins, H. J. . .<br />
March 18, Wallis-Healy, F. C. . :<br />
1<br />
5<br />
0<br />
0<br />
1<br />
5<br />
5<br />
8<br />
0<br />
0<br />
0<br />
6<br />
COMMITTEE NOTES.<br />
·<br />
·<br />
·<br />
·<br />
·<br />
·<br />
·<br />
·<br />
ܝܕ ܗܕܝܕܘܕ ܙ 5 ܙ ܙ<br />
·<br />
·<br />
·<br />
·<br />
.<br />
·<br />
.<br />
·<br />
.<br />
.<br />
.<br />
1 1 0 M HE June meeting of the Committee was held<br />
1 1 0 1 at the offices of the Society, on Monday,<br />
1 0 0<br />
June 3. Again, there was a considerable<br />
0 10 0 accession to the membership, 25 members and<br />
0 associates being elected, bringing the total for the<br />
0 10 6 current year up to 180—that is, an average of 30<br />
0 per month for the first six months of the year.<br />
0. There were seven resignations. The Committee<br />
0 have to regret that this year there have been a<br />
0 large number of resignations, but it is satisfactory<br />
0 5 0<br />
to note that these resignations are not due to any<br />
1 1 0 lack of sympathy with the Society's work, and<br />
0 5 0 that the members who have retired have made no<br />
( 5 0 financial drain on the Society's resources-indeed,<br />
0 5 0 in most cases, have received nothing beyond the<br />
() 10 0 usual advice which can be obtained at the<br />
1 1 0 Society's office.<br />
The Society's solicitor gave a report of the cases<br />
0 2 6 in his hands. One difficult matter between a<br />
O member and a publisher, relating to a breach o?<br />
6 contract by the latter had been settled, £15<br />
0 10 0 having been paid to the author as damages. The<br />
1 1 0 Secretary read a letter from the author in which<br />
1 1 0 the author expressed his thanks to the Society for<br />
0) 3 0 its assistance. A dispute which had ariser<br />
.<br />
.<br />
--Eclerer<br />
.<br />
0<br />
T<br />
.<br />
.<br />
0 10<br />
.<br />
V<br />
.<br />
.<br />
<br />
<br />
## p. 258 (#722) ############################################<br />
<br />
258<br />
THE AUTHOR.<br />
between two members of the Society, adjourned In another matter, arising out of a dispute on an<br />
from the former meeting, was again adjourned agreement, it was decided by the Committee to<br />
pending the receipt of some further material publish an article in The Author setting out the<br />
information. A claim of one member which had dangers of the clause which the author had signed.<br />
not been satisfied had, during the month, been Another difficult matter of accounts was before the<br />
pressed, and the defendant thrown into bankruptcy, Committee. If it was impossible to come to a<br />
but the Committee heard with regret that it was satisfactory settlement in this case they decided<br />
improbable that any money would be forthcoming that the matter should be placed in the hands of the<br />
In another difficult case between a member of the solicitors, and an accountant appointed to investigate<br />
Society and a publisher on a question of accounts the publisher's books.<br />
and the exact terms of a contract, the Committee The Committee received a deputation from the<br />
strongly advised, as notice of termination of the Copyright Sub-Committee and the Composers' Sub-<br />
contract had been given, that the publication Committee, with reference to an agreement which<br />
should be transferred to another house, and had been settled between the Copyright Sub-<br />
undertook to support the member in case of Committee and a firm of music publishers. An<br />
further dispute. The solicitor reported that a article which appears elsewhere in this issue of<br />
member, having entered into a contract for the The Author explains this matter.<br />
publication of his work with a music publisher, The question of the collection of fees was then<br />
had been met with a refusal on the part of the considered, and it was decided, subject to the<br />
music publisher to carry out his contract. The possibility of obtaining a guarantee from members<br />
Committee decided to take action. Another interested to cover expenses to start a collection<br />
claim was discussed, which concerned a member bureau, not only for those authors who, under<br />
and a company which had gone into liquidation their literary contracts, might desire this collec.<br />
The solicitor reported that the matter was being tion, but also for dramatists and composers who<br />
carried through, and that the member's interests desire their fees collected for the dramatic per-<br />
would be watched closely. In another case a formances and for their mechanical rights. This<br />
dispute had arisen owing to the fact that the branch of the Society's work will require preliminary<br />
proprietors of a periodical, which had originally organization, and it may not be put into shape till<br />
published a set of verses by one of the members, 1913. It is hoped, however, to make a start in<br />
had granted rights of republication of the the autumn.<br />
verses with music, to a music publisher. The The election to the Council was again adjourned,<br />
member maintained, and the solicitor of the as also was the question of the Nobel Prize<br />
Society advised, that the paper had transferred Committee, the adjournment in the latter case<br />
rights which it did not hold, and the Committee being necessitated owing to the illness of the<br />
decided, accordingly, to take action against the chairman of that committee, Lord Avebury.<br />
publisher for infringement of copyright. The A letter from the Society's United States'<br />
music publisher was, no doubt, an innocent lawyers, in regard to the conduct of legal business<br />
infringer, but it was felt by the Committee that in the United States, was read, and the Secretary<br />
the only way to impress upon the proprietors of was instructed to reply.<br />
the periodical that they must not transfer rights The Committee acknowledged with pleasure, a<br />
which they did not hold was to take action, though donation of 5s. from Mrs. Wentworth-James to the<br />
against the innocent infringer, who, it is hoped, capital fund of the Society. The Secretary<br />
will enforce a claim against the guilty party reported that G. N. Count Plunkett and Mr. R.<br />
Some time ago the Society commenced an action, Denley James had joined the Society as life<br />
on behalf of one of its members, for infringement members.<br />
of copyright in Switzerland. The member having<br />
to be examined in the English Court, under<br />
commission, through the Foreign Office, it was<br />
DRAMATIC SUB-COMMITTEE.<br />
decided to brief counsel on his behalf. There The Dramatic Sub-Committee of the Society of<br />
were two other cases of dispute on agreements, Authors met on Friday, June 21. After the<br />
both dealing with performing rights. On the minutes of the previous meeting had been signed,<br />
advice of the solicitor, as the cases seemed hardly the first matter laid before the members was the<br />
matters for action, it was decided to negotiate a answer from the Society of the West End Managers,<br />
settlement in each instance, if possible. The in regard to the Managerial Treaty which had<br />
Committee decided also to take action for infringe- been settled by the joint action of the Dramatists'<br />
ment of copyright in India on behalf of one of its Club and the Dramatic Sub-Committee. A draft<br />
members, and the Secretary received instructions letter in reply was before the meeting, and finally<br />
to put the case before the Society's Indian lawyers. was accepted with some slight alterations. The<br />
<br />
<br />
## p. 259 (#723) ############################################<br />
<br />
THE AUTHOR. .<br />
259<br />
secretary was instructed to forward it to the Society article appears on another page. He also read a<br />
as early as possible.<br />
letter from the Music Publishers' Association about<br />
The next question raised was the appointment of performing rights in answer to a communication<br />
agents in foreign countries. The secretary read, addressed to them from the sub-committee, and he<br />
letters he had received, and was instructed to reply, was instructed to reply thereto. The sub-committee<br />
to the effect that it was hoped to discuss the matter then discussed an agreement proposed by the<br />
in the autumn, when the sub-committee was meet- Mechanical Copyright Licences Company for the<br />
ing again. The chairman of the sub-committee collection of gramophone fees. The secretary first<br />
was granted powers to act during the vacation, and referred to the article that appeared in last month's<br />
it was decided to re-assemble on the third Friday issue of The Author, and suggested that an article<br />
in October.<br />
should be printed in the present number dealing<br />
Letters received from the French, German, and with the agreement now before the Composers' Sub-<br />
American Dramatic Societies on the subject of cinema. Committee. After considerable discussion, it was<br />
tograph productions and fees were read. The secre- decided to write to the agent of the company in<br />
tary was instructed to obtain further information on England and enquire whether it would be possible to<br />
the matter if possible, and it was decided to get one of discuss certain points in the agreement before it<br />
the members of the sub-committee to draft a report was finally accepted or rejected. Accordingly, the<br />
which might be circulated to the societies of other Committee went through the agreement, clause by<br />
countries.<br />
clause, and the secretary was instructed to draft a<br />
A letter received from the Travelling Theatre letter embodying the suggestions of the sub-<br />
Managers' Association was read and the secretary committee on the agreement.<br />
was instructed to reply, asking them what financial It was decided to hold the next meeting of the<br />
terms they proposed to offer on performances, and sub-committee on July 13—the last meeting before<br />
whether they would undertake the responsibility the vacation.<br />
and expense of collection.<br />
At the May meeting of the sub-committee, the<br />
secretary had been instructed to enquire of<br />
Cases.<br />
certain dramatists, members of the society for The number of cases which passed through the<br />
particulars of their fees for the confidential con- hands of the secretary during the last month is con-<br />
sideration of the sub-committee, with a view to siderably above the average. None of them is of<br />
enable them to settle a schedule of fees. The very great importance, most of them being small<br />
answers to these enquiries were laid before the sub- claims for unpaid contributions and for the return<br />
committee, showing how freely and courteously of MSS. Of the former twelve claims have been<br />
members had responded to the sub-committee's taken in hand ; two of these have been terminated<br />
request. It was decided that these replies should satisfactorily, four are in course of negotiation, and<br />
be tabulated and copies forwarded to the members in the remaining six cases the secretary's letters are<br />
of the sub-committee, in confidence, and for so far unanswered, but three of them have only<br />
consideration by them at a later meeting.<br />
recently come into the office.<br />
A letter received from Messrs. Samuel French, Three of the unsettled claims have been against<br />
in answer to a communication addressed to that one paper, and the secretary has received note of<br />
firm by the sub-committee, from the last meeting two more claims against the same paper.<br />
was read.<br />
Under the claims for money that have pressed<br />
during the last month, one point of importance<br />
has arisen. It is a point of importance to all<br />
COMPOSERS' SUB-COMMITTEE.<br />
authors. Three editors have claimed exemption<br />
A MEETING of the Composers' Sub-Committee from payment until the work accepted is published.<br />
was held at the Society's offices on Saturday, In one of these cases the work has been in the<br />
June 15. After the minutes of the previous meet- editor's hands for over a year. Of course, this<br />
ing had been signed, the secretary reported that the position is untenable. As soon as an MS. is<br />
Committee of Management had taken up a case, accepted the money is due. It is true that authors<br />
which had been recommended to them by the sub- sometimes waive their right to claim for the con-<br />
committee, against a publisher for non-fulfilment venience of the editor until the work is published,<br />
of contract. The secretary also reported that but it is equally true that they could bring an<br />
the Committee of Management had decided to action for the amount due if they desired to do so.<br />
print an article in The Author dealing with Even if an editor in his contract stipulates that<br />
Messrs. Curwen's agreement, which had been the work shall be paid for on publication, this does<br />
settled between the Copyright Sub-Committee and not mean that he would be legally entitled to delay<br />
Messrs. Curwen, and been finally approved. This the publication indefinitely. Editors should carry<br />
<br />
<br />
## p. 260 (#724) ############################################<br />
<br />
260<br />
THE AUTHOR.<br />
through their duties in a more businesslike manner Hughes, Rupert . . Bedford Hills, New<br />
and save themselves and the authors endless<br />
York, U.S.A.<br />
trouble and worry. It is needless to say, however, Jenkins, Herbert . 12, Arundel Place,<br />
that this excuse for delay in payment does not<br />
Haymarket, S.W.<br />
arise in the case of first-class journals, though there Knight, William Stanley 8, King's Bench Walk,<br />
are even exceptions to this rule.<br />
Macbean .<br />
Temple.<br />
There have been seven claims for the return of Liddle, Samuel . . 55, Ordnance Roail, St.<br />
MSS. Of these four have been satisfactorily<br />
John's Wood, N.W.<br />
settled, the other three still being in the course of McComas, Miss I. V. Feniton, Farnborough,<br />
negotiation.<br />
(H. B. Somerville)<br />
S.O., Kent.<br />
In one claim for accounts and money the pub- Nightingale, L. H. Shore.<br />
lisher has rendered the accounts and the amount Rimmer, Oswald . . 76, Grafton Street,<br />
has been agreed, but the cheque has not yet come (Quirote Shades)<br />
Fitzroy Square, W.<br />
to hand.<br />
Spens, Archibald B. . Caledonian Club, St.<br />
Of three claims for accounts two have been<br />
James', S.W.<br />
closed, and in the third, although another question Stokes, Hubert . . c/o R. Bleazby C. E.,<br />
which has arisen in the dispute has been dealt with,<br />
Richardson Avenue,<br />
the accounts are not yet to hand. The matter may<br />
Claremont, West<br />
have to be transferred to the solicitors.<br />
Australia. .<br />
Another matter, involving the closing up and Spurrell, Herbert . . Ivy Cottage, Heavi-<br />
cancellation of an agreement has been carried<br />
tree, Exeter.<br />
through.<br />
Thompson, Fred . . 5E, Portman Mansions,<br />
The last case, a dispute about translation rights,<br />
Baker St., W.<br />
is still open, and it may take a little time to com Tragett, Mrs. B. C.. . 63, Wynnstay Gardens,<br />
plete, as both the author and the translator live (largaret Larminie) Kensington, W.<br />
abroad.<br />
Wavell, A. J. B. . . 7, Egerton Gardens,<br />
Of the disputes left open from last month, one,<br />
S.W.<br />
referring to a claim for money from the United Wheelhouse, Miss M. V. . 3, Pomona Studios,<br />
States, has been settled ; four cases have had to be<br />
111, New King's<br />
put into the hands of the solicitors, two dealing<br />
Road, S.W.<br />
with the rendering of accounts, one with a lost MS., Whetham, Mrs. W.C. D.. Upwater Lodge, Cam-<br />
and one with the infringement of copyright. In<br />
bridge,<br />
another case an accountant has been appointed to Worrall, Lech mere. Blenheim Mansions,<br />
check the accounts, and in another matter dealing<br />
Queen Anne's Gate,<br />
with the return of a MS. the author has to wait<br />
S.W.<br />
owing to the absence of the editor in whose<br />
possession the MS. is.<br />
It is possible that some of the claims for money<br />
that have come in this month will have to be placed<br />
in the solicitors' hands. Of these cases there can<br />
BOOKS PUBLISHED BY MEMBERS.<br />
be no report until the October issue, as the maga-<br />
zine is not published during the months of August<br />
WHILE every effort is made by the compilers to keep<br />
and September.<br />
this list as accurate and exhaustive as possible, they have<br />
some difficulty in attaining this object owing to the fact<br />
Elections.<br />
that many of the books mentioned are not sent to the cffice<br />
by the members. In consequence, it is necessary to rely<br />
Acland, Mrs. Theodore 19, Bryanston Square,<br />
largely upon lists of books which appear in literary and<br />
other papers. It is hoped, however, that members will<br />
W.<br />
(C.C.G.)<br />
co-operate in the compiling of this list and, by sending<br />
Ash, Edwin Lancelot , 56, Seymour Street, particulars of their works, help to make it substantially<br />
Portman Square, W. accurate.<br />
Blane William, M.I.M.E., Constitutional Club,<br />
ART.<br />
M.I.Mech.E. .<br />
W.C.<br />
ONE HUNDRED FAMOUS PAINTINGS. Reproduced in<br />
Davis, Mrs. Ruth Helen. 11, East 79th Street, Colour, with an Introduction by G. K. CHESTERTOX.<br />
New York City. Part I. 152 x 111. Four Plates. Cassell. 7d. n.<br />
Hudson, Robert . . “Sea View," Ryhope,<br />
Sunderland.<br />
BIOGRAPHY.<br />
Gray, Wilson . . .“ Ravensmere," Has MANY CELEBRITIES AND A FEW OTHERS. By W. H.<br />
socks, Sussex.<br />
RIDEING. 93 x 67. 335 pp. Nash. 108. 6d. n.<br />
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THE AUTHOR.<br />
261<br />
BRIGHT SHAME. By KEIGHLEY SNOWDEN. 74 x 5.<br />
276 pp. Stanley Paul & Co. 6s.<br />
How 'Twas. Short Stories and Small Travels. By<br />
STEPHEN REYNOLDS. 8 x 51. 382 pp. Macmillan.<br />
58. n.<br />
COOKERY.<br />
LETTERS TO YOUNG HOUSEKEEPERS. By MARIE DE<br />
JONCOURT (MRS. W. PHIPSON BEALE). 71 x 5.<br />
133 pp. Paper covers, 18.; cloth, ls. 6d. Kegan<br />
Paul & Co.<br />
DRAMA.<br />
IRISH FOLK-HISTORY PLAYS. By LADY GREGORY.<br />
First Series. The Tragedies Grania Kincora, Dervorgilla.<br />
Second Series, the Tragic-Comedies The Canavans, The<br />
White Cockade, The Deliverer. 71 X 5. 207 + 198 pp.<br />
2 Vols. Putnam. 10s, n.<br />
JOYZELLE. By MAURICE MAETERLINCK. Translated by<br />
ALEXANDER TEIXEIRA DE Mattos. 64 X 41. 168 pp.<br />
Allen. 28. 60, n.<br />
LOVE--AND WHAT THEN. By B. MACDONALD HASTINGS.<br />
7 X 4f. 94 pp. Sidgwick & Jackson. ls. 1.<br />
THE LAND OP HEART'S DESIRE. By W. B. YEATS,<br />
Vol. II. of Dublin Plays. 74 x 5.45 pp. Fisher.<br />
Unwin. ls. n.<br />
PATRIOTS. By LENNOX ROBINSON. 49 pp. Dublin :<br />
Maunsel, 18. n.<br />
EDUCATIONAL.<br />
PUBLIC SCHOOLS AT A GLANCE. Part I. (Boarding<br />
Schools at £80 a Year and Over). A Guide for Parents<br />
and Guardians in Selecting a Public School for their<br />
Boys. Edited by MRS. BEVERLEY USSHER. The<br />
Association of Standarised Knowledge, 15, Buckingham<br />
Street, Adelphi, W.C.<br />
THE CAILD'S PRIMER OF THE THEORY OF MUSIC. By<br />
C. A. WEBSTER. New and Revised Edition. 70 pp.<br />
Norello. 18. n.<br />
THE LIVING PLANT FROM SEED TO FRUIT. By ALFRED<br />
E. KNIGHT and EDWARD STEP, F.L.S. A Fully Illus-<br />
trated re-issue in eighteen 7d. parts, of the Author's<br />
Work, “ The Living Plant.” Hutchinson.<br />
FICTION.<br />
EVE: AN INCIDENT OF PARADISE REGAINED. By<br />
MAARTEN MAARTENS. 7} * 5. 359 pp. Constable.<br />
68.<br />
PHRYNETTE MARRIED. By MARTHE TROLY.CURTIN.<br />
73 x š. 313 pp. Grant Richards. 68.<br />
THROUGH THEİVORY GATE. By REGINALD FARRER.<br />
74 x 5. 296 pp. F. Palmer. 68.<br />
NIGHTS AND DAYS. By MAUD ANNESLEY. 73 x 57.<br />
308 pp. Mills & Boon. 68.<br />
ANNE OF THE BARRICADES. By S. R. CROCKETT. 78 X<br />
5. 312 pp. Hodder & Stoughton. 68.<br />
IMPERTINENT REFLECTIONS. By Cosmo HAMILTON.<br />
77 x 5. 339 pp. Stanley Paul. 28.<br />
THE SPINSTER. By HUBERT WALES. 7) X 5. 320 pp.<br />
John Long. 6s.<br />
PRINCE AND PRIEST. By BERYL SYMONS. 74 x 5.<br />
-<br />
319 pp. Stanley Paul. 68.<br />
SAVE US FROM OUR FRIENDS. By WILLIAM CAINE.<br />
74 x 43.320 pp. Greening. 68.<br />
THE LAST RESORT. By H. F. PREVOST BATTERSBY.<br />
7} x 5. 320 pp. John Lane. 68.<br />
ORDINARY PEOPLE. By UNA L. SILBERRAD. 6 X 44.<br />
378 pp. Nelson. 7d. n.<br />
THE UNCOUNTED Cost. By MARY GAUNT. 74 x 49<br />
290 pp. Werner Laurie. 18. n.<br />
THE ADVANCED GUARD. By S. C. GRIER. (Cheap<br />
Reprint.) 74 x 5. 332 pp. Blackwoods. 18. n.<br />
HYPOCRITES AND SINNERS. By VIOLET TWEEDALE<br />
64 X 4. 318 pp. John Long. 6d. n.<br />
THE GREY TERRACE. By MRS. FRED REYNOLDS. 73 x 5.<br />
320 pp. Chapman & Hall. 68.<br />
EXOTIC MARTHA. By DOROTHEA GERARD. 78 x 5.<br />
335 pp. Stanley Paul. 68.<br />
OUT OF THE WRECK I RISE By BEATRICE HARRADEN.<br />
71 x , 383 pp. Nelson. 28. n.<br />
PILLARS OF SMOKE. By MRS. STANLEY WRENCH,<br />
74 X 5. 320 pp. John Long. 6s.<br />
THE SEA DEVILS. By John BLOUNDELLE BURTON.<br />
8 X 5. 310 pp. F. V. White. 68.<br />
MAN IS FIRE; WOMAN IS Tow, AND OTHER STORIES.<br />
By HELEN MATHERS. 71 x 5. 318 pp. Jarrold.<br />
68. n.<br />
THE CONSIDINE LUCK. By H. A. HINKSON. 73 x 57.<br />
Stephen Swift.<br />
His LITTLE GIRL. By L. G. MOBERLY. 74 * 5.<br />
296 pp. Ward, Lock.<br />
THE DAUGHTER OF BRAHMA. By I. A. R. WYLIE.<br />
73 x 5. 400 pp. Mills & Boon. 68.<br />
BRASS Faces. By CHARLES McEvoy. 78 x 5. 296 pp.<br />
Stanley Paul. 68.<br />
JESSIE BAZLEY. By BERNARD CAPES. 74 x 48.<br />
304 pp. Constable. 68.<br />
The GREEN OVERCOAT. By HilAIRE Belloc. 7} 5.<br />
333 pp Arrowsmith. 68.<br />
THE WOMAN BETWEEN. By EDMUND BOSAN QUET.<br />
8 x 5. 320 pp. John Long. 6s.<br />
HESTER TREFUSIS. By EFFIE ADELAIDE ROWLANDS.<br />
78 x 5. 340 pp. Hurst & Blackett. 68.<br />
THE HISTORY OF MR. POLLY. By H. G. WELLS.<br />
64 x 47. 274 pp. Nelson's Sevenpenny Library.<br />
THE WOMAN IN THE FIRELIGHT. "By OLIVER SANDYS.<br />
7 x 43. 283 pp (Popular Edition.) John Long.<br />
18. n.<br />
LAW.<br />
THE GENIUS OF COMMON LAW. By THE RIGHT HONBLE.<br />
Sir FREDERICK POLLOCK, BART.<br />
THE LAW OF TORTS.<br />
THE LAW OF TORTS. BY THE RIGHT Hon. SIR<br />
BY THE<br />
FREDERICK POLLOCK, BART., D.C.L. Ninth Edition.<br />
84 x 54. 716 pp. Stevens & Sons. 258.<br />
A SHORT HISTORY OF ENGLISH LAW. By EDWARD<br />
JENKS. Principal and Director of Legal Studies of the<br />
Law Society. 9 * 5. 396 pp. Methuen. 108. 6d. n.<br />
LITERARY.<br />
HENRIK IBSEN. A Critical Study. By R. Ellis ROBERTS.<br />
9 x 6. 205 pp. Martin Secker. 78. 6d. n.<br />
THE FOUR MEN. A Farrago. By HILAIRE BELLOC.<br />
7 x 5. 310 pp. Nelson. 28. n.<br />
THE THREE BRONTES. By MAY SINCLAIR. 87 X 51.<br />
257. Hutchinson bien<br />
HIEROGLYPHICS. A note upon Ecstacy in Literature.<br />
By ARTHUR MACHEN. Ï x 41. 202 pp. (New<br />
Edition.) Martin Secker. 2s.6d, n.<br />
MILITARY.<br />
British BATTLES : WATERLOO. By HilAIRE BELLOC.<br />
64 X 44. 206 pp. S. Swift. 1s. n.<br />
MISCELLANEOUS.<br />
THE HANDBOOK FOR GIRL GUIDES, OR How GIRLS CAN<br />
HELP BUILD THE EMPIRE. By AGNES BADEN-POWELL.<br />
in Collaboration with LIEUT.-GENERAL SIR ROBERT<br />
BADEN-POWELL, K.C.B. 67 x 41. 472 pp. Nelson.<br />
18. n.<br />
THE OCCULT SIGNIFICANCE OF Blood. An Esoteric<br />
Study. By RUDOLF STEINER, PH.D, Vienna 7 x 4!.<br />
48 pp. T. P. S. 6d, n.<br />
08.<br />
<br />
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262<br />
THE AUTHOR. .<br />
MUSIC.<br />
FIRST SUITE FOR PIANOFORTE, OP. 16. i. Prelude,<br />
D Flat ; ii. Berceuse ; iii. Scaramouche (Tarantella). By<br />
THEODORE HOLLAND, John Church Co.<br />
VALSE 6 ASPHODEL." By THEODORE HOLLAND. John<br />
Church Co.<br />
MIGNONETTE. Dance Intermezzo, for Pianoforte or<br />
Orchestra. By THEODORE HOLLAND. John Church Co.<br />
THE WESTMINSTER HYMNAL. The Music Edited by<br />
R. R. TERRY, 8 X 6. 410 pp. Washbourne. 38. 6d. n.<br />
THEOLOGY.<br />
THE HONOUR OF HIS NAME. By SIR ROBERT ANDERSON,<br />
K.C.B. 8 X 57. 39 pp. Nisbet. 28. 6d.<br />
MIRACLE AND HISTORY: A STUDY IN THE VIRGIN BIRTH<br />
AND THE RESURRECTION. By the Rev.John HUNTLEY<br />
SKRINE, D.D., Vicar of St. Peter-in-the-East, Oxford<br />
• Bampton Lecturer in 1911. 8vo. 48 pp. Messrs. Long.<br />
mans & Co. Paper covers, 18. n.; cloth, 28. n.<br />
NATURAL HISTORY.<br />
WILD FLOWERS OF THE HEDGEROW. 93 pp. WILD<br />
FLOWERS OF THE Woon, 95 pp. (WILD FLOWERS IN<br />
THEIR HOMES.) By W. P. WESTELL. Illustrated by<br />
C. F. NEWALL. Werner Laurie. 18, n.<br />
A HISTORY OF BRITISH MAMMALS. By G. E. H.<br />
BARRETT-HAMILTON. Part XI. June 1912. 10 X 6.<br />
217—264 pp. Gurney & Jackson. 28, 60, n.<br />
TOPOGRAPHY.<br />
THE ROYAL HOSPITAL AT CHELSEA. By LIEUT.-COL.<br />
NEWNHAM-DAVIS. 98 x 74. 32 pp, Raphael Tuck.<br />
18.<br />
TRAVEL.<br />
THROUGH GREECE AND DALMATIA. A Diary of Impres-<br />
sions Recorded by Pen and Picture. By MRS. RUSSELL<br />
BARRINGTON. 8.1 x 54. 263 pp. Black. 78. 60, n.<br />
OUTFIT AND EQUIPMENT FOR THE TRAVELLER,<br />
EXPLORER AND SPORTSMAN. Edited by E. A.<br />
REYNOLDS BALL. Contributions from Sir Harry<br />
Johnston, Douglas Sladen, “Wirt Gerrare," Ralph<br />
Durand and others. Reynolds Ball's Guides, 27, Chancery<br />
Lane, W.C.<br />
ORIENTAL.<br />
BURNING AND MELTING. Being the Sūz-u-Gudāz of<br />
Muhammad Rizā Nau'i of Khabūshān. Translated into<br />
English by MIRZA Y. DAWUD, of Persia, and ANANDA<br />
K. COOMA RASWAMY, of Ceylon. The Story of a Hindu<br />
Sati, in the Reign of Akbar. With three collotype<br />
reproductions from an MS. in the British Museum.<br />
8 X 51. Scarlet silk. Luzac. 68.<br />
LITERARY, DRAMATIC, AND MUSICAL<br />
NOTES.<br />
PHILOSOPHY.<br />
THE GATES OF KNOWLEDGE. By RODOLF STEINER,<br />
Ph.D.Vienna. 78 X 5. 194 pp. Theos. Publ. Soc.<br />
38. 6d. n.<br />
POETRY.<br />
THE LURE OF THE SEA. By J. E. PATTERSON. 9 x 58.<br />
102 pp. Heinemann. 58. n.<br />
VERSES BY THE WAY. By M. H. BOURCHIER. 58 pp.<br />
Elkin Mathews,<br />
THE CAP OF CARE. By JAMES E. PICKERING. 64 pp.<br />
Fifield.<br />
PHILISTIA AND A SOUL. A Poem by ALFRED E. KNIGHT.<br />
338 pp. Macmillan & Co.<br />
THE WIDOW IN THE BYE STREET. By JOHN<br />
MASEFIELD, 74 x 43. 97 pp. Sidgwick & Jackson.<br />
38. 6d. n.<br />
POLITICAL<br />
THE GROWTH OF FREEDOM. By H. W. NEVINSON.<br />
94 pp. 64 X 41. Jack. 6d. n.<br />
TRIPOLI AND YOUNG ITALY. By CHAPWORTH, in<br />
Collaboration with Miss HELEN ZIMMERN. 87 x 53.<br />
347 pp. S. Swift.<br />
THE GREAT STATE ESSAYS IN CONSTRUCTION. By H. G.<br />
WELLS, FRANCES EVELYN WARWICK, L. G. CHIOZZA-<br />
MONEY AND OTHERS. 74 X 5. 379 pp. Harper. 68.<br />
M ESSRS. MACMILLAN & CO. have published<br />
a second edition of " Aristotle's Constitu-<br />
tion of Athens,” by Sir John Edwin Sandys,<br />
Litt.D., F.B.A. The text, critical notes, testimonia<br />
and commentary have been carefully revised, need.<br />
less repetitions removed, and supplementary notes<br />
inserted. About fifteen pages have thus been<br />
added to the commentary and about the same<br />
number to the Greek index. The introduction has<br />
also been revised and supplemented. It ends with<br />
an enlarged bibliography, showing that, since the<br />
publication of the previous edition, the number of<br />
writers of scattered articles on the text or subject-<br />
matter has risen from 135 to 240.<br />
“ The Lover's Calendar," compiled by Mrs. H.<br />
Havelock Ellis, was published last month by<br />
Mosors Koron Paul<br />
Messrs. Kegan Paul & Co.<br />
Mr. Wynford Dewhurst has received intimation<br />
from the Ministry of Fine Arts, Paris, of the<br />
purchase by the French Government of one of his<br />
pictures for the Luxemburg Gallery. It is a land-<br />
scape with figures, and has been on view at the<br />
Duand-Ruel Galleries, Paris.<br />
The lecture on “ How to use the British Museum<br />
Reading Room,” delivered on several occasions<br />
during 1911-12 at the Museum by Mr. R. A.<br />
Peddie, has now been revised and enlarged for<br />
noblimation and will he jeened hr Mosors Crofton<br />
publication, and will be issued by Messrs. Grafton &<br />
Co., 69, Great Russell Street, London, W.C., before<br />
the end of the month in popular book form.<br />
REPRINTS.<br />
JUDE THE OBSCURE. 494 pp. THE RETURN OF THE<br />
NATIVE. 485 pp. The Wessex Edition of the Works of<br />
Thomas Hardy. 9 x 54. Macmillan. 78. 6d. n. each.<br />
THE WAY OF INITIATION ; OR, HOW TO ATTAIN KNOW-<br />
LEDGE OF THE HIGHER WORLDS. With a foreword<br />
by ANNIE BESANT and some biographical notes of the<br />
author by EDOUARD SCHURÉ ; RUDOLF STEINER, PH.D.,<br />
Vienna." Third Edition. 78 x 5. 237 pp. Theos.<br />
Publ. Soc. 38. 6d. n.<br />
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THE AUTHOR.<br />
263<br />
Mrs. Stanley Wrench's new novel “ Pillars of its ancient monuments and modern scenes, from<br />
Smoke” was published last month by Messrs. John the aesthetic and picturesque side, rather than the<br />
Long. It is a story of a woman's love and sacri- archaeologist or “guide-book ” point of view. The<br />
fice, and in it the homely folk of the Midlands are object of the author has been to bring out the<br />
sympathetically portrayed.<br />
relation of Egyptian to other ancient and modern<br />
Mr. Edward Booth has just completed a new art in a general sense, and to make a living record<br />
novel which Mr. Arnold is to publish. The scene of what he has seen rather than a mere catalogue<br />
is principally laid at a popular seaside resort called of dates and sites ; it is really a series of<br />
“Spaforth.”<br />
vivid impressions of much that is interesting,<br />
Captain Harry Graham, author of “ The Perfect both old and new, in a singularly interesting<br />
Gentleman," lately published by Mr. Edward country.<br />
Arnold, wishes to point out that Mr. Somerset A translation into Swedish of Mr. W. L. George's<br />
Maugham's new play of the same name is not a “A Bed of Roses" was this month issued by<br />
dramatised version of his work, but is founded on Gebers, of Stockholm. Mr. George's first book,<br />
Molière's play “ Le Bourgeois Gentilhomme." “Engines of Social Progress," has been sold to the<br />
“ The Memoirs of Babur,” a new translation of Japanese Government to be translated and made a<br />
the Babur-nama, incorporating Leyden and text book for their local authorities.<br />
Erskine's of 1826 A.D., by Annette S. Beveridge, is Mr. J. C. Wright, author of “In the Good old<br />
announced by Messrs. Luzac & Co. This book Times," is publishing through Messrs. Headley<br />
has been prepared because the earlier English Bros. a collection of articles that have appeared<br />
translation (out of print) can now be revised by from time to time in well-known journals. The<br />
the help of the Haidarabad Codex. It is hoped to title of the book will be “Life's Many Colours.”<br />
follow it by an imprint of the Turki text, and thus A little book, with illustrations, compiled by<br />
to facilitate the study of Turki in one of its classics. Miss Agnes Baden-Powell entitled “How Girls can<br />
It is planned to include an introduction, notes, help Build up the Empire" (a concise course of<br />
index and maps.<br />
character training for girls of all classes), is now<br />
Messrs. Lynwood & Co., 12, Paternoster Row, ready and can be obtained from the Secretary,<br />
have published “The Searchlight on the Throne," Girls' Guides Headquarters, 116, Victoria Street,<br />
by A Peeress. The tale is a sequel to “ The S.W.<br />
Shadow on the Purple," by the same author, Mrs. Theodore Bent and Mrs. Hobson, the wife<br />
published by the same firm, and now in its fourth of the Rev. Chancellor Hobson, have devised a<br />
edition.<br />
series of maps for Bible teaching, which are being<br />
Miss K. Everest's book of poems, “ The Dreaming published by Messrs. Keith Johnson. Instead of<br />
Antinous," has been graciously accepted by Her all the names and boundaries mentioned being all<br />
Majesty the Queen.<br />
on one map, to the confusion of the scholars a<br />
Mr. Arthur Dillon has aaded a satyric play to different map is used for each period, and the maps<br />
his trilogy which Mr. Elkin Mathews is bringing can be bought fir 1s. each, separately, as wanted.<br />
out; thus expanding his book to a complete They are 30 by 40 inches. In fact, they are<br />
tetralogy, and attempting the full dramatic form of wonderfully cheap and distinctly printed, and will<br />
the ancients.<br />
prove invaluable in schools.<br />
Mr. Rene Francis has just published “The “In the Footsteps of Richard Cæur de Lion "<br />
Temptation of St. Anthony," and “ Egyptian is the title of a new book by Maude M. Holbach<br />
Aesthetics," the first through Duckworth & Co., (the author of “ Dalmatia - the Land where<br />
and the second through Martin Secker.. The East meets West") just published by Messrs.<br />
* Temptation " is a translation of Flaubert's well- Stanley Paul. Mrs. Holbach visited Palestine last<br />
known work, but Mr. Francis has chosen the year with her husband to scudy the scenes of the<br />
1849-1856 version, which was never published Third Crusade, and the volume is illustrated with<br />
even in the original until 1908. This version has photographs by Mr. Holbach, and has a photo-<br />
a special interest for Flaubertists in that it marks gravure frontispiece from the portrait of Richard at<br />
what we may almost call the pre-Flaubert period. It South Kensington. The publication of this book<br />
is in most striking contrast to the 1874 edition. The coincides with the winning of the Newdigate Prize<br />
volume is precedel by a preface from the pen of by a poem on “ Richard I. before Jerusalem," by<br />
Sir Gaston Maspero, also by an introduction by Wiliam Chase Greene, an American Rhodes scholar.<br />
Monsieur Louis Bertrand, who edited the original; Another result of Mr. and Mrs. Holbach's visit to<br />
it has notes by the translator and very full Palestine will be the publication a little later on<br />
appendices of the authorities consulted by Flaubert by Messrs. Kegan Paul & Co. of a book on “ Bible<br />
in the prepararion of his book. The Egyptian Ways in Bible Land,” which is their joint<br />
book is the result of several years' study of Egypt, work.<br />
<br />
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<br />
264<br />
THB AUTHOR.<br />
DRAMATIC.<br />
Mr. Kineton Parkes has dramatised an episode<br />
in his North Staffordsbire novel of seventy years<br />
ago, “ Potiphar’s Wife.” The play is in one act, and<br />
bears the same title as the story. Mr. Wilfrid<br />
Eaton, who knows the North Staffordshire dialect,<br />
customs and scenery well, intends to produce the<br />
play in London shortly.<br />
Sir Arthur Pinero's farcical romance “ The<br />
Amazons ” was revived on June 14, 1912. It<br />
is some twenty years ago since the date of the<br />
original production of this piece. In the present<br />
cast are Mr. Weedon Grossmith, Mr. Godfrey<br />
Tearle. Mr. Dion Boucicault. Miss Pauline Chase.<br />
and Miss Marie Löhr.<br />
“Ann" by Lechmere Worrall was produced at<br />
the Criterion on June 18. Ann is a transatlantic<br />
lady journalist, and the main interest of the play<br />
is her pursuit of a noted author, whom she<br />
eventually brings down, after detaching him from<br />
the lady to whom. more to oblige his parents than<br />
for any other reason, he has become engaged<br />
. The cast includes Mr. E. Holman Clark. Miss<br />
Fay Davis, and Miss Renée Kelly.<br />
PARIS NOTES.<br />
Messrs Stanley Paul & Co., published last month<br />
Mr. Charles McEvoy's first novel “ Brass Faces."<br />
Wladimia Cerricoff, the Russian pianist, intro-<br />
duced Mr. Theodore Holland's suite for pianoforte<br />
at his recital at the Æolian Hall on June 13.<br />
“The Swelling of Jordan,” by Coralie Stanton<br />
and Heath Hosken, is announced for early publica-<br />
tion by the same publishers. A story in which<br />
greed, a supposed murder, and love play important<br />
parts.<br />
Messrs. Novello & Co. have issued a new and<br />
revised edition of “ The Child's Primer of the<br />
Theory of Music," by C., A., Webster; .A.M.,<br />
author of “The Groundwork of Music." The<br />
book is intended as a first step for pianoforte<br />
pupils.<br />
“Comrades Three," by Argyll Saxby, published<br />
by Messrs. S. W. Partridge & Co., is a tale of<br />
Cornish boys in Canada.<br />
“ Outfit and Equipment for the Traveller,<br />
Explorer, and Sportsman," is a volume edited by<br />
E. A. Reynolds Ball, intended primarily for<br />
explorers, big game shooters, and travellers in<br />
uncivilised or semi-civilised countries generally.<br />
At the same time, it is hoped that it may also<br />
prove of some service to pioneer-colonists, mis-<br />
sionaries, prospectors, etc. Mr. Reynolds-Ball has<br />
had in this work the co-operation of Sir H. H.<br />
Johnston, Mr. F. C. Selous, Mr. Harry de Windt,<br />
“Wirt Gerrare," and Cit. Payton (“Sarcelle ') who<br />
have contributed chapters embodying experiences<br />
in all parts of the globe. The volume is published<br />
from 27, Chancery Lane, W.C.<br />
Mr. Wilkinson Sherren's new novel, “ Windfrint<br />
Virgin," will be published by Mr. Ham-Smith some<br />
time in the early autumn. It is a love story of the<br />
present day, related in a subsidiary way to some of<br />
the feminist stir and stress of the period. Most of<br />
the action takes place in London, though there are<br />
a few country episodes.<br />
“The Royal Road,” being the story of the Life,<br />
Death, and Resurrection of Edward Hankey, of<br />
London, is the name of a new novel by Alfred<br />
Ollivant, author of “ Owd, B.A.," to be published<br />
by Messrs. Methuen this autumn.<br />
Mr. James Baker, F.R.G.S., has been invited by<br />
the Lord Mayor of Prague to be the guest of the<br />
“Golden City” for the celebrations connected with<br />
the unveiling of the statue on July 1, to the<br />
great Bohemian historian, Francis Palacky, a writer<br />
whose work the Eoglish author has utilised in his<br />
historical works and fiction, dealing with Bohemia<br />
and her people. The celebrations last for four days,<br />
and are linked with a great demonstration of the<br />
National Sokol movement ; an atbletic and<br />
gymnastic organisation that will have 12,000<br />
members drilling at once, in the remarkable evolu-<br />
tions and bodily exercises the Sokol has originated.<br />
“ T ES Dieux ont Soif” is the title of the latest<br />
U novel by Anatole France. The epoch is that<br />
of the Revolution, and the theme more or<br />
less the fickleness of a woman. We have a whole<br />
series of pictures of those days of terror and madness,<br />
and the author has chosen his types admirably. The<br />
story has all the delicate irony to which Anatole<br />
France has accustomed us in his books. Each<br />
personage stands out in relief, and each one is<br />
typical of a whole theory of human beings,<br />
fashioned by the times. There is very little that<br />
can be called ennobling in the volume. It is a<br />
story that is of the earth earthy, but it is intensely<br />
clever. Selection is carried to a fine art, as regards<br />
incident, character and dialogue. There does not<br />
appear to be a superfluous word in the whole book.<br />
Each one carries, just as each gesture tells. It is<br />
a clever but cruel novel, one that will remain in<br />
the memory, thanks to the vividness of each picture<br />
drawn. There are a few touches of tenderness to<br />
relieve the cruelty, but only just enough of such<br />
touches to make one wish for more.<br />
The lectures which M. Jules Lemaître has been<br />
giving this season on Chateaubriand are now<br />
published in volume form. The lectures were witty<br />
and brilliant, but the irony with which the subject<br />
is treated is regrettable as the note is too frequent<br />
and becomes irritating.<br />
<br />
<br />
## p. 265 (#729) ############################################<br />
<br />
THE AUTHOR.<br />
265<br />
“Le Marquis René de Girardin," (Le dernier also to be given, and several other plays are being<br />
ami de J. J. Rousseau) (1735—1808), is a book rehearsed.<br />
written from hitherto unpublished documents by<br />
ALYS HALLARD.<br />
André Martin Decaen,, with a preface by André<br />
Hallays.<br />
“Les Dieux ont Soif” (Calmann Lévy).<br />
“ Chateaubriand " (Calmann Lévy).<br />
“ Chateaubriand, Ambassadeur à Londres,” is an<br />
“Le Marquis Réné de Girardin" (Perrin).<br />
account written by the Comte d'Antioche, from " Chateaubriand, Ambassadeur à Londres” (Perrin).<br />
papers that bave never before been published.<br />
“ Paris pous Louis XV." (Mercure de France).<br />
* in Paris sous Louis XV.,” by Camille Piton, is the<br />
" La Vie tragique de Geneviève” (Calmann Lévy).<br />
"Pour une autre” (Bernard Grasset).<br />
fourth volume on this subject by an author who is “ Une Philosophie nouvelle, Henri Bergson " (Alcan).<br />
one of the best informed. In this volume we have “ The Guarded Flame" (Plon).<br />
reports of the police inspectors annotated by Camille<br />
Piton.<br />
“La Vie tragique de Geneviève ” is a story so<br />
UNITED STATES NOTES.<br />
life-like that it resembles an episode taken from<br />
life rather than an imaginary story. It is written TT is rather curious to find--in view of what I<br />
by Louise Compain, the author of “L’un vers 1 wrote in the opening paragraphs of my last<br />
l'autre," a book which won for its writer an “ United States Notes " about the suggested<br />
Academy prize. “Les Femmes dans les organisa- motto for 1912, “ Fewer and Better Books ”-<br />
tions ouvrières" is also written by Madame Com- that the American publishers have been com-<br />
pain, and from this volume it is evident that plaining bitterly of the lack of good books, in the<br />
the writer of “La Vie tragique de Geneviève” early part of this year at least. Apparently, how-<br />
has seen much of the world she describes in this ever, it is rather of English than of American<br />
volume.<br />
works that they discovered the want. One of the<br />
“ Pour une autre," by Marianne Damad, is the big firm's representatives went so far as to say, this<br />
third volume by this writer. Jules Lemaître writes spring : “ There never was such a dearth of good<br />
the preface to the present one. In these studies the books on the English inarket as at the present<br />
author endeavours to show the effects produced by time, and never so many American publishers<br />
the meeting of individuals of totally different rank absolutely hungry for good stuff as this year.<br />
in the world. Her first book was entitled “Ren- Every leading American publishing house either<br />
contres,” her second “ Chez Eux," and the present has or has had its representative in London looking<br />
one is composed of a series of short studies, some of for saleable books, and most of them are simply<br />
which have appeared in such publications as the having trouble for their pains." This is pretty<br />
“ Revue des Deux Mondes,” the “ Journal des strong, it must be confessed. But, here is the<br />
Debats,” and “L'Echo de Paris.” The story, testimony of another house's representative:<br />
entitled “Un grand amour," is the most dramatic “ The spring list of English publishers is absolutely<br />
of those contained in “ Pour une autre."<br />
poverty stricken. It is lacking in any books of any<br />
“ Une Philosophie nouvelle, Henri Bergson”. consequence. Usually the spring lists contain<br />
by Edouard Le Roy, is another book which serves books of importance, historically or biographically,<br />
as an introduction to Bergson's own works. but these are entirely missing this year.”<br />
Some ten years ago Madame C. Coignet wrote one What have English publishers, and still more<br />
of the best introductions to Bergson's works. English authors, to say to this?<br />
Among translations, W. G. Maxwell's “ The However, it is not with the English work in<br />
Guarded Flame” has at last appeared in French, America that we are here concerned, but with the<br />
and will no doubt have more success in France native product of the United States. It cannot be<br />
than most English novels, as the psychology said that there has been any noticeable falling off<br />
contained in the volume will appeal to French in the numbers of books issued so far--though,<br />
readers.<br />
statistics not yet being available, we have to wait<br />
At the Porte Saint-Martin “ La Flambée" is until the end of the year before we know whether<br />
still on the bill, and L'Athenée is also still giving the figures have actually been maintained as they<br />
“ Le Cœur dispose.” It has now had its 150th appear to have been. With regard to quality, if<br />
representation.<br />
we had to judge only by publishers' advertisements,<br />
The Shakespeare Theatre is giving “ The Taming we might imagine that 1912 had already justified<br />
of the Shrew" in French in the Saint-Cloud Park its claim to celebrity in literary annals. But,<br />
once a week. The scenery has been designed by then, who pays much attention to the “puff pre-<br />
M. Simas of the Opéra, and an ideal spot has been liminary” and the “ front page ad. ” as a guide<br />
discovered with the trees meeting overhead and to literature ? Probably it will be realised, a year<br />
forming a dome. The “ Merchant of Venice " is hence, that the first half of 1912 was humdrum<br />
<br />
<br />
## p. 266 (#730) ############################################<br />
<br />
266<br />
THE AUTHOR.<br />
rather than epoch-making. Which is not the same year. Nor is H. S. Harrison's “Queed " far behind.<br />
as denying that—to use the ugly commercial phrase The two last-named hare indeed had a long innings.<br />
—some quite good stuff was put on the market in It is usually easy to say what is fiction and what<br />
the period under notice. Otherwise I should feel is not. But it is by no means easy to classify<br />
considerable diffidence in proceeding to mention accurately “non-fiction " under its proper sub-<br />
the names of any authors below!<br />
heads. Biography, even if taken to include auto-<br />
The serried ranks of the novelists may be put in biography and reminiscences, is not over-well<br />
the forefront as usual ; but once again I must represented among recent American publications.<br />
disclaim any attempt to speak of all the works Mention must, however, be made of Professor Josiah<br />
worthy of notice since I last wrote. Nor shall I Royce's “ William James,” which is the first and<br />
try to arrange the names in any order of merit or principal item in a series of addresses delivered in<br />
of popularity. Of all the following it may be said the past and now collected in book form ; of<br />
that they both attracted attention and, according to “Marcus Alonzo Hanna, His Life and Work,” by<br />
their publishers, sold well :-John B. Ellis's Herbert Croly, an attempt to draw the real Mark<br />
“ Fran"; Lefroy Scott's “ Counsel for the Hanna ; and “The Philanthropic Work of<br />
Defense"; Frederick Isham's “ A Man and Josephine Shaw Lowell,” edited by Professor<br />
his Money ” ; the late Vaughan Kester's “ The Rhinelander Stewart, President of the New York<br />
Just and the Unjust ” ; Maria T. Davies's “ The State Board of Charities. Then there are “ The<br />
Melting of Molly ” ; Avery Abbott's “ Captain Reminiscences of James Burrill Angell," late<br />
Martha Mary” ; Corra Harris's “ The Recording President of Michigan University; “Out of the Rut,<br />
Angel ” ; Kate Langley Bosher's “ The Man in a Business Life Story," by John Adams Thayer ;<br />
Lonely Land”; L. J. Vance's “ The Bandbox"; and “ The Promised Land,” by Mary Antin, a<br />
G. C. Shedd's “ the Isle of Strife " ; Will Leving. Russian Jewess, who tells how she “discovered "<br />
ton Comfort's “ Fate Knocks at the Door”; Owen America, like so many other young emigrants.<br />
Johnson's “ Stover at Yale” ; C. A. Maclean's “The House of Harper," by Joseph Henry<br />
“ The Mainspring ”; Samuel Merwin's “ The Harper, explains itself by its title ; and, besides,<br />
Citadel” ; W. R. Castle's “ The Green Vase"; the book is well known in England by now, as well<br />
Charles Egbert Cradock's “The Raid of the as on the other side of the Atlantic.<br />
Guerilla ” ; John Reed Scott's “ The Last Try.” Under history we find “ The Contest for Cali-<br />
The following may be grouped together as strong fornia in 1861 ” by Elijah R. Kennedy ; and<br />
in local colour :-Frederick Palmer's “ Over the “American Colonial Government, 1696—1765,"<br />
Pass” (Arizona); B. M. Bower's “ Lonely Land” by Oliver Morton Dickerson. Politics and social<br />
(Montana) : Payne Erskine's “ The Mountain Girl” life in the United States are dealt with in “The<br />
(North Carolina): Alice L. Lee's “ Capt'n Joe's New Democracy,” by W. E. Weyl; in “Social<br />
Sister ” (Maine) ; J.O. Curwood's “ Flower of the Forces in American History," by A. M. Simons ;<br />
North”. (Hudson's Bay); Anna A. Chapin's in “ Changing America," by Professor E. A. Ross,<br />
“ The Under Trail ” (Virginia); and Mary R. author of " The Changing Chinese”; in “The<br />
Bangs's “ High Bradford” (Cape Cod fifty years Initiative, Referendum, and Recall," edited by<br />
ago). Gertrude Atherton has brought out “ Julia Professor W. B. Munro, with chapters by Colonel<br />
France and her Times”; Mary E. Wilkins Free Roosevelt and others; and in "The Coming<br />
man, “ The Butterfly House,” about which some Generation,” by W. B. Forbusb. Robert Grant's<br />
of the critics freely express their disappointment; “Convictions of a Grandfather," which are cast in<br />
and Reginald Wright Kauffman, “ The Sentence essay form, discuss the subject of the last book as<br />
of Silence,” which displays more humour and less well as other family problems in America.<br />
grim tragedy than he has hitherto given us. Two “The Tariff in Our Times,” which Miss Ida M.<br />
volumes of short stories are Professor Brander Tarbell brought out originally in the American<br />
Matthew's - Vistas of New York,” and Edna Magazine, is of course fiscal. “The American<br />
Ferber's “Buttered Side Down."<br />
Transportation Question,” by S. 0. Dunn, editor of<br />
Dorothy Canfield's “ The Squirrel Cage” is on the Railway Gazette, is a volume of importance in<br />
its way to becoming a “best seller ”-a distinction, its technical way.<br />
by the way, which has already been attained by In “ A New Conscience and an Ancient Evil,"<br />
"Counsel for the Defense” and “ The Mountain Miss Jane Addams (called by the London Times<br />
Girl," mentioned above. The latest lists of best "easily the foremost woman in America '') discusses<br />
sellers show the pride of place in fiction falling to bravely the white slave question, with particular<br />
Gene Stratton Porter's “ The Harvester,” Meredith reference to Chicago, the city of such evil notoriety<br />
Nicholson's “ A Hoosier Chronicle," Emerson in the matter.<br />
Hough's “Jolin Rawn," and H. B. Wright's “ The A still wider human problem is dealt in V. L.<br />
Winning of Barbara Worth,” which did so well last Kellog's “ Beyond War," which is intended as a<br />
<br />
<br />
## p. 267 (#731) ############################################<br />
<br />
THE AUTHOR. .<br />
267<br />
Cameron Rogers, the Californian poet, is best<br />
known as the author of “ The Rosary," a lyric<br />
which, though known everywhere in its original<br />
form or through translation, never profited him a<br />
penny. At the end of the month the death<br />
occurred, in the Far East, of the Rev. Dr. G. W.<br />
Knox, for fifteen years a missionary in Japan, and<br />
writer of numerous books on religion, on Japan,<br />
and on the two subjects combined. At the<br />
beginning of May Homer Davenport, animal story-<br />
writer and cartoonist as well as breeder of Arabian<br />
horses, succumbed to pneumonia in New York, and<br />
Julia Harris May, poetess, died, at the age of 79,<br />
in the Maine, of whose woods she sang. Another<br />
Maine author, Dr. Willis Judson Beecher, of the<br />
Auburn Theological Seminary, died about the same<br />
time, only five years younger.<br />
PHILIP WALSH.<br />
COPYRIGHT IN A NEWSPAPER ARTICLE.<br />
chapter in the natural history of mankind, and<br />
preaches peace on biological grounds.<br />
Among books of travel and description there<br />
have been a number of more than transient interest.<br />
Apart from Mabel Lomis Todd's “ Tripoli the<br />
Mysterious," they are mainly concerned with things<br />
at home. Noteworthy are “ The Yosemite," by<br />
John Muir; “Travel and Camp in the Rockies,”<br />
by Dillon Wallace; “ The Spell of the Rockies,” by<br />
Enos A. Mills ; "Three Wonderlands of the<br />
American West," by T. D. Murphy ; “The Pipe-<br />
smoke Carry," by Bert Leston Taylor ; and “ The<br />
Wonders of the Colorado Desert,” by G. W. James.<br />
In the realm of the arts, Professor C. H. Wright<br />
of Harvard (and also formerly of Trinity College,<br />
Oxford) is the author of "A History of French<br />
Literature.” Edward Bliss Reed, Assistant Professor<br />
of English at Yale, is responsible for a work on<br />
“ English Lyrical Poetry.” “On the Laws of<br />
Japanese Painting” is the title of a book by<br />
H. P. Bowie, who has long resided in Japan.<br />
· A practical side of literature provides the material<br />
for “ Copyright, its History and Law," from the<br />
pen of Richard Rogers Bowker, editor of the<br />
American Publishers' Weekly and Vice-President of<br />
the American Authors' Copyright League, which is<br />
the first work of its kind-dealing especially with<br />
the American aspect of the question-for over<br />
thirty years.<br />
Probably not much attention is paid in England<br />
to contemporary American verse, and perhaps<br />
nothing very recent has called for particular atten-<br />
tion. But in “ Hard Labour, and Other Poems,"<br />
there is a certain rareness of flavour which merits<br />
notice. The author is or was a convict in the<br />
Minnesota State Prison.<br />
The obituary, unhappily swelled by the awful<br />
disaster to the Titanic, is rather large for the short<br />
period under notice. In March died Ernest<br />
Jarrold (“ Mickey Finn "), English by birth, but<br />
American by life and training, a writer of short<br />
stories and travel sketches and a regular con-<br />
tributor to the New York Sun. Next month saw<br />
the death, at the age of 90, of Clara Barton,<br />
founder of the American Red Cross Association and<br />
author of several works on the movement. The<br />
Titanic wreck involved the loss of Francis Davis<br />
Millet, painter and war correspondent for both<br />
American and English journals ; of Ward Stanton,<br />
likewise both an artist and a journalist ; and of<br />
Jacques Futrelle, whose success with the detective<br />
novel gained for him the name of the American<br />
Conan Doyle. Futrelle's wife, whose first novel,<br />
“ Secretary of Frivolous Affairs," appeared in<br />
1911, happily escaped from the sinking ship.<br />
Brigadier-General Farley, who died in South<br />
Carolina at the age of 73, wrote a book on “West<br />
Point in the Early Sixties” among others. Robert<br />
WHITFIELD V. PROGRESSIVE NEWSPAPERS, LTD.<br />
THE plaintiff, in this action, Mr. Lionel Whit-<br />
1 field, sued the proprietors of the Weekly<br />
T'imes and Echo for damages, for republishing<br />
without his consent certain articles which he had<br />
contributed to the paper in 1901.<br />
The articles were written by the plaintiff under<br />
an agreement made in 1898, by which he was<br />
employed to contribute a weekly article on chess,<br />
billiards, and draughts. The contract came to an<br />
end in 1906, and when the defendants acquired<br />
the paper in 1910 they proceeded to republish<br />
some of the articles, which had been contributed by<br />
the plaintiff under his agreement.<br />
It was admitted that the defendants were the<br />
owners of the copyright ; but under the peculiar<br />
provisions of s. 18 of the Copyright Act, 1842, their<br />
copyright was of a limited character. It is<br />
expressly provided by that section that the news-<br />
paper proprietor, under the circumstances of the<br />
case, is not at any time entitled to publish the<br />
articles " separately or singly ” without the author's<br />
consent ; but the author has the right of publish-<br />
ing them “in a separate form ” after the expiration<br />
of twenty-eight years, from the date of their first<br />
publication in the newspaper.<br />
It was contended on behalf of the plaintiff,<br />
that the defendants had published the articles<br />
“ separately ” ; because the later issues of the<br />
paper contained other matter than that which<br />
appeared with the articles when they were originally<br />
published in 1901.<br />
On the other hand, it was submitted on behalf of<br />
the defendants, that as the articles were republished<br />
with other matter in the same journal, in which<br />
<br />
<br />
## p. 268 (#732) ############################################<br />
<br />
268<br />
• THE AUTHOR.<br />
they first appeared, they were not "separately Act with respect to the deposit of copies and<br />
published."<br />
registration of such work shall have been complied<br />
Mr. Justice Hamilton came to the conclusion with.”<br />
that there had been a “separate publication," and The opinion of Judge Lacombe, in fall, reads :-<br />
granted the plaintiff an injunction and 40s.<br />
damages.<br />
JUDGE LACOMBE'S OPINION.<br />
It is clear that the words “separately ” and<br />
“singly" are not synonymous, and according to This proceeding grew out of a transaction referred<br />
the cases an article or story may be "published to in the decision on motion for preliminary injunc-<br />
separately," although it is in a volume with other tion. The order to show cause included a restrain-<br />
articles or stories. In the case of Johnson v. ing order or temporary injunction, and it is charged<br />
Newnes, Mr. Justice Romer said :<br />
that defendant published an account of Amundsen's<br />
“ If you find in a volume separate parts, each journey to the South Pole, which was a colourable<br />
distinguished or perfectly distinguishable from the copy of its copyrighted narrative.<br />
other parts, and the volume is published, each part Many points have been argued, but it will not be<br />
that is separate and clearly distinguished in the necessary to discuss them all.<br />
volume is " separately published.”<br />
The bill was verified March 8; it stated that<br />
Similarly, in Smith v. Johnson, in 1863, where complainant “is about to file two complete copies<br />
certain tales entitled " The Chronicles of Stanfield of the best edition when published.” The order<br />
Hall ” were contributed to the London Journal, it to show cause and restraining order were signed<br />
was held that the subsequent publication of the March 8, and were served on someone in the office<br />
tales in a weekly supplement was a “separate publi- of the defendant about midnight the same day.<br />
cation” within the meaning of s. 18 of the Very early in the morning of March 9 the publica-<br />
Copyright Act.<br />
tion of complainant's copyrighted narrative and of<br />
HAROLD HARDY. defendant's paraphrase thereof appeared in their<br />
respective newspapers. The two copies of the copy-<br />
righted work were filed in the office of the Register<br />
UNITED STATES LAW CASE.<br />
of Copyright, Washington, D. C., on March 9, on<br />
or after the opening of that office on that day.<br />
On these facts the question arises, Was com-<br />
(Printed with the kind permission of the Editor of the plainant entitled to maintain an action such as<br />
United States Publishers' Weekly.)<br />
this, when the order was served at midnight on<br />
March 8?<br />
JUDGE LACOMBE DECIDES THE TEMPORARY<br />
The action is based upon the statute,<br />
INJUNCTION IN THE “ TIMES” COPYRIGHT<br />
and the answer to this question must be found in<br />
SUIT WAS GRANTED PREMATURELY-COPY-<br />
its provisions. Sect. I of the Act of March 4, 1909,<br />
RIGHT ITSELF NOT AFFECTED.<br />
provides :-<br />
“ That any person entitled thereto by this Act<br />
UDGE LACOMBE, in the Federal District may secure copyright for his work by publication<br />
Court, denied the application of the New thereof with the notice of copyright required by<br />
York Times Company for the punishment this Act," etc.<br />
for contempt of the Star Company, publisher of the The bill shows that such a publication had been<br />
New York American, for violating an injunction made before it was verified ; complainant thereby<br />
granted by Judge Holt on March 8, restraining the had then secured its copyright.<br />
publication of either the text or a colourable version Ownership of copyright and the vindication of<br />
of Roald Amundsen's story of his discovery of the such ownership by suit are different things. The<br />
South Pole, the copyright of which the Times had latter is provided for in sect. 12, which reads :-<br />
purchased for the United States and Canada.<br />
“That after copyright has been secured by publi-<br />
The Court recognises that a valid copyright can cation of the work with the notice of copyright, as<br />
be secured by publishing a work with a copyright provided in sect. 9 of this Act, there shall be<br />
imprint (and was secured by the Times in the promptly deposited in the Copyright Office, or in<br />
Amundsen narrative in the present case), but holds the mail, addressed to the Register of Copyright,<br />
that the right to a copyright is distinct from the Washington, District of Columbia, two complete<br />
right to maintain an action to enforce the same. copies of the best edition thereof then published.<br />
The ruling against the validity of the temporary ... No action or proceeding shall be maintained<br />
injunction was made under sect. 12 of the copy- for infringement of copyright in any work until<br />
right law, which provides that “no action or pro- the provisions of the Act in respect to the deposit<br />
ceeding shall be maintained for infringement of of copies and registration of such work shall have<br />
copyright in any work until the provisions of this been complied with.”<br />
<br />
<br />
## p. 269 (#733) ############################################<br />
<br />
THE AUTHOR.<br />
269<br />
The subject of statutory copyright being one “action or proceeding for the infringement of copy-<br />
wholly within the powers of Congress, it had full right," and there is no apparent reason for constru-<br />
power to restrict, in any way it chose, the main- ing the act so as to exempt such suits from the<br />
taining of such actions or proceedings in the courts operation of the prohibition of sect. 12. No hard-<br />
as are concerned with the subject of infringement ship to the owner of a copyright results from the<br />
of the rights secured by such statute. A prohibi- construction here followed. At the time the person<br />
tion so broad as this goes to the jurisdiction of the entitled to copyright publishes his work, with the<br />
courts to entertain such actions or proceedings, and notice required, presumably he has copies of it in<br />
if the prohibition were operative, when the injunc- his possession and could at once deposit in the mail<br />
tion was served, the latter would be void because the two copies required, addressed as the statute<br />
made in an action which could not be maintained prescribes. That act on his part would seem to be<br />
and of which the courts could not have jurisdiction. a compliance with sect. 12, sufficient to entitle him<br />
The papers submitted indicate that at midnight to maintain his action or proceeding. But until<br />
of March 8, when the injunction was served, the he does this, the prohibition of that section is<br />
two copies had not yet been “ deposited in the imperative.<br />
Copyright Office, or in the mail, addressed to the Without considering the other questions presented,<br />
Register of Copyright”; at that time, therefore, the application is denied.<br />
this action or proceeding could not be maintained, The T'imes itself, in its discussion of the case,<br />
and the injunction being issued in an action whose makes the important point that, if registration were<br />
maintenance was prohibited, could be of no binding an essential formality to the initiation of an action<br />
force.<br />
at law, that there would result an interim of non-<br />
Complaint refers to sects. 34, 35, and 36, which protection between the deposit of copies in the mails<br />
read as follows :<br />
and the necessary registration in Washington-an<br />
“ Sect. 31. That all actions, suits, or proceedings interim that in the case of daily newspaper material<br />
arising under the copyright laws of the United would be vital.<br />
States shall be originally cognizable by the Circuit The Court, however, expressly held that this<br />
Courts of the United States, the District Court of question was not involved, that the mere depositing<br />
any Territory, the Supreme Court of the District of the books in the mails, addressed to the Register<br />
of Columbia, the District Courts of Alaska, Hawaii of Copyright, accompanied presumably by application<br />
and Porto Rico, and the Courts of first instance of for registration and affidavit of manufacture, suffices<br />
the Philippine Islands.<br />
to constitute a compliance with sect. 12. This<br />
“Sect. 35. That civil actions, suits, or proceed- ignores the provision of that section with regard to<br />
ings arising under this Act may be instituted in registration, possibly on the theory that only the<br />
the district of which the defendant or his agent is acts required to be performed by the owner of the<br />
an inhabitant or in which he may be found.<br />
copyright must precede institution of the actiou.<br />
“ Sect. 36. That any such court or judge thereof<br />
shall have power, upon bill in equity filed by any<br />
party aggrieved, to grant injunction to prevent and<br />
restrain the violations of any rights secured by<br />
A DANGEROUS CLAUSE.<br />
said law, according to the course and principles of<br />
courts of equity on such terms as said court or judge<br />
may deem reasonable. Any injunction that may ROM time to time the Committee have urged<br />
be granted restraining and enjoining the doing of T upon authors the danger of granting to pub-<br />
anything forbidden by this Act may be served on lishers, in a contract for one book, the right<br />
the parties against whom such injunction may be to publish future books on stated terms. Authors<br />
granted, anywhere in the United States, and shall should not even grant the refusal of the publication<br />
be operative throughout the United States, to be of future books to a publisher upon terms to be subse-<br />
enforceable by proceedings in contempt or other- quently agreed, though this may not be so dangerous.<br />
wise by any other Court or judge possessing juris- Articles have appeared in The Author demon-<br />
diction of the defendants.”<br />
strating how seriously clauses dealing with rights<br />
It does not seem that this last-quoted section in in future books may hinder the author in his<br />
any way qualified the prohibition of the twelfth career and affect his property before it is created.<br />
section. The Court or judge is given express In most agreements drafted on these lines the<br />
authority to grant an injunction to prevent a viola- author is only bound for a certain number of books,<br />
tion of a copyright which has been secured by the though in one of the cases published in The<br />
party aggrieved ; this injunction may be granted Author recently a clause proposed to bind the<br />
upon a bill of equity—that is, in an equity suit. author for a period of seven years.<br />
But such an equity suit is covered by the phrase In an agreement coming from the office of Messrs.<br />
<br />
<br />
## p. 270 (#734) ############################################<br />
<br />
270<br />
THE AUTHOR.<br />
George Allen & Co., Limited, a clause runs as tion of agents. The custom, if it is a growing one,<br />
follows:-<br />
must be opposed with all the vigour possible by<br />
“ The Author shall give the publishers the first refusal<br />
members of the Society of Authors.<br />
of ". ..." and any future novels written by him. Should The reasons given by those publishers who are<br />
he be able to obtain better terms for these than the terms the most just in their attitude towards authors, for<br />
the Publishers suggest he shall offer the book to the desiring to bind authors for future work, are not<br />
Publishers on the terms named to him by other publishers."<br />
satisfactory. A publisher who has bound an author<br />
This is a most inadvisable arrangement for an by such a clause, knowing that the latter is pledged<br />
author to enter upon. The clause practically binds to him, may and does get careless in the matter of<br />
the author to offer to the publisher during the publication. As long as he turns over his money<br />
term of his literary life every novel that he may and gets a fair percentage he becomes quite<br />
produce, and it is so worded that the author would indifferent to the author's success. If an author,<br />
have great difficulty in obtaining release.<br />
unshackled with regard to his future contracts, is<br />
It is almost impossible for an author, at any rate treated well by bis publisher, he will be only too<br />
in the present condition of the literary market, to glad to leave the publication of future works in that<br />
go to a second publisher and say, “ What terms will publisher's hands. If an author is not treated well<br />
you give me for my book ?” and at the same time by his publisher, then to be forced to place all his<br />
to explain to that publisher that he cannot accept books with him, while convinced that he is an<br />
the terms, however good, without referring the unsatisfactory man of buisness, is an intolerable<br />
matter back again to the original publisher to position.<br />
whom he is bound under such a clause as that All members of the Society must, once again, be<br />
quoted.<br />
warned not to sign any agreement binding them-<br />
No doubt a second publisher might be willing to selves for future work, and must take special care<br />
offer terms for the book were the author in a not to sign a clause drafted on the lines of the one<br />
position of freedom, but he would not keep the offer quoted above.<br />
open if he understood that he was being made use of<br />
in order to give a competitor in the same trade a<br />
chance of taking up the book on similar terms. If<br />
MAGAZINE CONTENTS.<br />
he was not told why his terms were sought he<br />
would be receiving unfair treatment at the hands<br />
ENGLISH REVIEW.<br />
of the author, and of his fellow publisher whose A New Study of English Poetry. By Henry Newbolt.<br />
work of discrimination he is discharging.<br />
The Royal Academy. By Walter Sichert.<br />
The clause, in most cases, would mean that the<br />
Poetry: Arthur Symons, Ezra Pound, D. H. Lawrence,<br />
L. Abercromby.<br />
author who signed it would be bound to the same<br />
publisher for the whole of his literary life, practically<br />
NINETEENTH CENTURY AND AFTER.<br />
unable to refuse any offer that that publisher placed Metrical Versions of the Odes of Horace. By Dr. R. G.<br />
before him. The publisher has only to say, “I will Tyrrell.<br />
Pauline de Beaumont. By Edith Sichel.<br />
offer you 10 per cent. on the sales of your books,”<br />
At the Salon and the Royal Academy. Ry H. Heath-<br />
to obtain the writer for ever at this figure. If cote Statham.<br />
the author refused such an offer, thinking he was<br />
BLACKWOODS.<br />
entitled to a higher royalty, he would then be bound, Musings Without Method. From Ibsen's Workshop.<br />
under the clause in question, if he acted fairly to<br />
BOOKMAN.<br />
any other publisher before whom he laid the matter, Wilkie Collins. By A. Compton Rickett.<br />
to state “I bave been offered a royalty-10 per<br />
The Centenary of John Forster. By Berric Twede.<br />
cent.—will you give me better terms ? but I must<br />
Recent History. By T. Seccombe.<br />
inform you that any offer you make must be referred<br />
NATIONAL.<br />
back to my former publisher to see if he will give<br />
The “ Dugdale" Engraving of the Stratford Monument.<br />
me similar or better terms.” Surely the answer<br />
By Geo. Greenwood, M.P.<br />
from the second publisher would be to decline to<br />
SCALE FOR ADVERTISEMENTS.<br />
make any offer, and the author would have to<br />
accept the 10 per cent. royalty proposed by his (ALLOWANCE TO MEMBERS OF THE SOCIETY 20 PER CENT.)<br />
original publisher. This would be a serious position Front Page<br />
300<br />
enough if it only referred to one or two books, but<br />
it becomes disastrous when it refers to any future<br />
novel that an author may write.<br />
Single Column Advertisements<br />
... per inch 0 6 0<br />
It has been stated that the binding of an author Reduction of 20 per cent. made for a Series of Six and of 25 per cent for<br />
for future work is becoming a more usual demand<br />
All letters respecting Advertisements should be addressed to J. F.<br />
amongst publishers. It has also received the sanc- BELMONT & Co., 29, Paternoster Square, London, E.C.<br />
Other Pages<br />
Hall of a Page ...<br />
Quarter of & Page<br />
Eighth of a Page<br />
...<br />
***<br />
.. 1 10 0<br />
... 015 0<br />
T'welve Insertions.<br />
<br />
<br />
## p. 271 (#735) ############################################<br />
<br />
THE AUTHOR.<br />
271<br />
HOW TO USE THE SOCIETY.<br />
1. A VERY member has a right to ask for and to receive<br />
advice upon his agreements, his choice of a pub-<br />
lisher, or any dispute arising in the conduct of his<br />
business or the administration of his property. The<br />
Secretary of the Society is a solicitor; but if there is any<br />
special reason the Secretary will refer the case to the<br />
Solicitors of the Society. Further, the Committee, if they<br />
deem it desirable, will obtain counsel's opinion without<br />
any cost to the member. Moreover, where counsel's<br />
opinion is favourable, and the sanction of the Committee<br />
is obtained, action will be taken on behalf of the aggrieved<br />
member, and all costs borne by the Society.<br />
2. Remember that questions connected with copyright<br />
and publishers' agreements do not fall within the experi.<br />
eure of ordinary solicitors. Therefore, do not scruple to use<br />
the Society.<br />
3. Before signing any agreement whatever, send<br />
the document to the Society for examination.<br />
4. Remember always that in belonging to the Society<br />
you are fighting the battles of other writers, even if you<br />
are reaping no direct benefit to yourself, and that you are<br />
advancing the best interests of your calling in promoting<br />
the independence of the writer, the dramatist, the composer.<br />
6. The Committee bave arranged for the reception of<br />
members' agreements and their preservation in a fire.<br />
proof safe. The agreements will, of course, be regarded as<br />
confidential documents to be read only by the Secretary,<br />
who will keep the key of the safe. The Society now offers :<br />
(1) To stamp agreements in readiness for a possible action<br />
upon them. (2) To keep agreements. (3) To enforce<br />
payments due according to agreements. Fuller particu-<br />
lars of the Society's work can be obtained in the<br />
Prospectus.<br />
6. No contract should be entered into with a literary<br />
agent without the advice of the Secretary of the Society.<br />
Members are strongly advised not to accept without careful<br />
consideration the contracts with publishers submitted to<br />
them by literary agents, and are recommended to submit<br />
them for interpretation and explanation to the Secretary<br />
of the Society.<br />
7. Many agents neglect to slamp agreements. This<br />
must be done within fourteen days of first execution. The<br />
Secretary will undertake it on behalf of members.<br />
8. Some agents endeavour to prevent authors from<br />
referring matters to the Secretary of the Society; so<br />
do some publishers. Members can make their own<br />
deductions and act accordingly.<br />
9. The subscription to the Society is £1 18. per<br />
annum, or £10 10s. for life membership.<br />
obtained. But the transaction should be managed by a<br />
competent agent, or with the advice of the Secretary of<br />
the Society.<br />
II. A Profit-Sharing Agreement (a bad form of<br />
agreement).<br />
In this case the following rules should be attended to:<br />
(1.) Not to sign any agreement in which the cost of pro.<br />
duction forms a part without the strictest investigation,<br />
(2.) Not to give the publisher the power of putting the<br />
profits into his own pocket by charging for advertisements<br />
in his own organs, or by charging exchange advertise-<br />
ments. Therefore keep control of the advertisements.<br />
(3.) Not to allow a special charge for "office expenses,"<br />
unless the same allowance is made to the author.<br />
(4.) Not to give up American, Colonial, or Continental<br />
rights.<br />
(5.) Not to give up serial or translation rights.<br />
(6.) Not to bind yourself for future work to any publisher.<br />
As well bind yourself for the future to any one solicitor or<br />
doctor |<br />
III. The Royalty System.<br />
This is perhaps, with certain limitations, the best form<br />
of agreement. "It is above all things necessary to know<br />
what the proposed rovalty means to both sides It in<br />
possible for an author to ascertain approximately the<br />
truth. From time to time very important figures conpected<br />
with royalties are published in The Author,<br />
IY. A Commission Agreement.<br />
The main points are :-<br />
(1.) Be careful to obtain a fair cost of production.<br />
(2. Keep control of the advertisements.<br />
(3.) Keep control of the sale price of the book.<br />
General.<br />
All other forms of agreement are combinations of the four<br />
above mentioned.<br />
Such combinations are generally disastrous to the author.<br />
Never sign any agreement without competent advice from<br />
the Secretary of the Society.<br />
Stamp all agreements with the Inland Revenue stamp.<br />
Avoid agreements by letter if possible.<br />
The main points which the Society has always demanded<br />
from the outset are :-<br />
(1.) That both sides shall know what an agreement<br />
means.<br />
(2.) The inspection of those account books which belong<br />
to the author. We are advised that this is a right, in the<br />
nature of a common law right, which cannot be denied or<br />
with held.<br />
(3.) Always avoid a transfer of copyright.<br />
WARNINGS TO DRAMATIC AUTHORS.<br />
WARNINGS TO THE PRODUCERS<br />
OF BOOKS.<br />
N EVER sign an agreement without submitting it to the<br />
Secretary of the Society of Authors or some com-<br />
petent legal authority.<br />
2. It is well to be extremely careful in negotiating for<br />
the production of a play with any one except an established<br />
manager.<br />
3. There are three forms of dramatic contract for plays<br />
in three or more acts:-<br />
(a.) Sale outright of the performing right. This<br />
is unsatisfactory. An author who enters into<br />
such a contract should stipulate in the contract<br />
for production of the pi-ce by a certain dare<br />
and for proper publication of his name on the<br />
play-bills,<br />
ERE are a few standing rules to be observed in an<br />
agreement. There are four methods of dealing<br />
with literary property :-<br />
1. Selling it Outright.<br />
This is sometimes satisfactory, if a proper price can be<br />
<br />
<br />
## p. 272 (#736) ############################################<br />
<br />
272<br />
THE AUTHOR.<br />
DRAMATIC AUTHORS AND AGENTS.<br />
(6.) Sale of performing right or of a licence to<br />
perform on the basis of percentages on<br />
gross receipts. Percentages vary between 5<br />
and 15 per cent. An author should obtain a<br />
percentage on the sliding scale of gross receipts<br />
in preference to the American system. Should<br />
obtain a sum in advance of percentages. A fixed<br />
date on or before which the play should be<br />
performed.<br />
(o.) Sale of performing right or of a licence to<br />
perform on the basis of royalties (1.2., fixed<br />
nightly fees). This method should be always<br />
avoided except in cases where the fees are<br />
likely to be small or difficult to collect. The<br />
other safeguards set out under heading (6.) apply<br />
also in this case.<br />
4. Plays in one act are often sold outright, but it is<br />
better to obtain a small nightly fee if possible, and a sum<br />
paid in advance of such fees in any event. It is extremely<br />
important that the amateur rights of one-act plays should<br />
be reserved.<br />
5. Authors should remember that performing rights can<br />
be limited, and are usually limited, by town, country, and<br />
time. This is most important.<br />
6. Authors should not assign performing rights, but<br />
should grant a licence to perform. The legal distinction<br />
is of great importance.<br />
7. Authors should remember that performing rights in a<br />
play are distinct from literary copyright. A manager<br />
holding the performing right or licence to perform cannot<br />
print the book of the words.<br />
8. Never forget that United States rights may be exceed-<br />
ingly valuable. They should never be included in English<br />
agreements without the author obtaining a substantial<br />
consideration.<br />
9. Agreements for collaboration should be carefully<br />
drawn and executed before collaboration is commenced.<br />
10. An author should remember that production of a play<br />
is highly speculative : that he runs a very great risk of<br />
delay and a breakdown in the fulfilment of his contract.<br />
He should therefore guard himself all the more carefully in<br />
the beginning.<br />
11. An author must remember that the dramatic market<br />
is exceedingly limited, and that for a novice the first object<br />
is to obtain adequate publication,<br />
As these warnings must necessarily be incomplete, on<br />
account of the wide range of the subject of dramatic con-<br />
tracts. those authors desirous of further information<br />
are referred to the Secretary of the Society.<br />
RAMATIC authors should seek the advice of the<br />
Society before putting plays into the bands of<br />
agents. As the law stands at present, an agent<br />
who has once had a play in his hands may acquire a<br />
perpetual claim to a percentage on the author's fees<br />
from it. As far as the placing of plays is concerned,<br />
it may be taken as a general rule that there are only<br />
very few agents who can do anything for an author<br />
that he cannot, under the guidance of the Society, do<br />
equally well or better for himself. The collection of fees<br />
is also a matter in which in many cases no intermediary is<br />
required. For certain purposes, such as the collection of<br />
fees on amateur performances, and in general the trans-<br />
action of frequent petty authorisations with different<br />
individuals, and also for the collection of fees in foreign<br />
countries, almost all dramatic authors employ agents; and<br />
in these ways the services of agents are real and valuable.<br />
But the Society warns authors against agents who profess<br />
to have influence with managers in the placing of plays, or<br />
who propose to act as principals by offering to purchase<br />
the author's rights. In any case, in the present state of<br />
the law, an agent should not be employed under any<br />
circumstances without an agreement approved of by the<br />
Society.<br />
WARNINGS TO MUSICAL COMPOSERS.<br />
T ITTLE can be added to the warnings given for the<br />
assistance of producers of books and dramatic<br />
authors. It must, however, be pointed out that, as<br />
a rule, the musical publisher demands from the musical<br />
composer a transfer of fuller rights and less liberal finan.<br />
cial terms than those obtained for literary and dramatic<br />
property. The musical composer has very often the two<br />
rights to deal with-performing right and copyright. He<br />
should be especially careful therefore when entering into<br />
an agreement, and should take into particular consideration<br />
the warnings stated above.<br />
STAMPING MUSIC.<br />
The Society undertakes to stamp copies of music on<br />
behalf of its members for the fee of 6d. per 100 or part<br />
of 100. The members' stamps are kept in the Society's<br />
safe. The musical publishers communicate direct with the<br />
Secretary, and the voucher is then forwarded to the<br />
members, who are thus saved much unnecessary trouble.<br />
THE READING BRANCH.<br />
REGISTRATION OF SCENARIOS AND<br />
ORIGINAL PLAYS. -<br />
M EMBERS will greatly assist the Society in this<br />
branch of its work by informing young writers<br />
of its existence. Their MSS. can be read and<br />
treated as a composition is treated by a coach. The term<br />
MSS, includes not only works of fiction, but poetry<br />
and dramatic works, and when it is possible, under<br />
special arrangement, technical and scientific works. The<br />
Readers are writers of competence and experience. The<br />
fee is one guinea.<br />
REMITTANCES.<br />
CYCENARIOS, typewritten in duplicate on foolscap paper<br />
forwarded to the offices of the Society, together with<br />
a registration fee of two shillings and sixpence, will<br />
be carefully compared by the Secretary or a qualified assis-<br />
tant. One copy will be stamped and returned to the author<br />
and the other filed in the register of the Society. Copies<br />
of the scenario thus filed may be obtained at any time by<br />
the author only at a small charge to cover cost of typing.<br />
Original Plays may also be filed subject to the same<br />
rules, with the exception that a play will be charged for<br />
at the price of 28. 6d. per act.<br />
The Secretary of the Society begs to give notice<br />
that all remittances are acknowledged by return of post,<br />
All remittances should be crossed Union of London and<br />
Smiths Bank, Chancery Lane, or be sent by registered<br />
letter only.<br />
<br />
<br />
## p. 273 (#737) ############################################<br />
<br />
THE AUTHOR.<br />
273<br />
GENERAL NOTES.<br />
The Editor of “The Author” begs to<br />
remind Members that there is no issue of<br />
the magazine during the months of August<br />
and September. He has inserted this notice,<br />
as letters from Members frequently come to<br />
the office asking why the magazine has not<br />
been sent to them during those months.<br />
COPYRIGHT IN HOLLAND.<br />
It is with great pleasure we hear that there is a<br />
Bill before the Dutch Parliament to enable Holland<br />
to join the Berlin Convention. Tbis is very satis-<br />
factory, as Holland has been too long outside the<br />
Convention of Continental nations. If the Bill is<br />
passed into law we understand it will come into<br />
force the beginning of August, but it is impossible<br />
at present to say what will be the ultimate result.<br />
If the Bill does pass into law, it will afford a very<br />
important protection to the property of English<br />
copyright holders, as much English work is at<br />
present published in Holland, and many dramatic<br />
pieces performed there.<br />
in order to secure their rights. Hitherto, the<br />
dramatist has had, in addition to his Common<br />
Law rights in his work, two distinct rights under<br />
the Statute, (a) copyright, or the sole right of<br />
multiplying copies, and (b) performing right, or<br />
the sole right of authorising performances. The<br />
former was secured by publication and the latter by<br />
a public performance. These performances often<br />
proved a source of much trouble and expense to<br />
the dramatist, and, in many cases, of very little<br />
pleasure to his friends who made up the audience.<br />
These three rights (Common Law, copyright, and<br />
performing right) are now included in the term<br />
“copyright,” which is defined by the Act as the<br />
sole right “to produce or reproduce the work or<br />
any substantial part thereof in any material form<br />
whatsoever, to perform, or in the case of a lecture<br />
to deliver, the work or any substantial part thereof<br />
in public ; if the work is unpublished, to publish<br />
the work or any substantial part thereof." There<br />
are certain subsidiary rights existent in the<br />
copyright, such as rights of translation, mechanical<br />
reproduction rights, which are dealt with in the<br />
Act, but for the purpose of the present note, all we<br />
desire to impress upon the dramatist is, that his<br />
copyright starts immediately he has finished his<br />
play, and he is able, in consequence, to proceed<br />
against anyone making wrongful use of his<br />
work either before, or after publication or per-<br />
formance.<br />
COPYRIGHT ACT, 1911.<br />
We print, as a supplement to this issue of The<br />
Author, the Statutory Rules and Orders issued by<br />
the Board of Trade with reference to sect. 3 and<br />
sect. 19, sub-sect. 6, of the Copyright Act, 1911.<br />
We publish these as a supplement so that members<br />
may be able to retain them separately from the<br />
magazine in case they wish to do so. It will, no<br />
doubt, be of great importance to many of our<br />
members to have these copies. It is too early, yet,<br />
to speak with certainty on the point of how these<br />
rules and regulations will work. The most im-<br />
portant are those relating to the composer's property<br />
and the compulsory reproduction license. If this<br />
mechanical reproduction is kept in the hands of a<br />
few firms the rules may work efficiently, but if<br />
such reproduction becomes cheapened, as is quite<br />
possible, by pianola records and by future inven-<br />
tions, and gets into the hands of smaller concerns<br />
or even pirates, there will be no guarantee that the<br />
·authors' or composers' royalties will be secured. At<br />
present, howerer, all that can be done is to wait<br />
and see.<br />
THE GRAMOPHONE.<br />
We have mentioned the position which the<br />
cinematograph is taking in the matter of education<br />
and educational problems; but it is also true that.<br />
the gramophone is going to play no unimportant<br />
part. Many records are being produced, designed<br />
to teach French and other foreign languages, and<br />
it is quite certain that at no distant date the<br />
lectures of celebrated professors will also be given<br />
to pupils through the same methods.<br />
Under the new Copyright Act it is therefore of<br />
great importance that writers of technical books<br />
and lecturers on educational subjects should be<br />
careful that their rights are not infringed.<br />
IRELAND AND COPYRIGHT LEGISLATION.<br />
We are glad to notice that the Home Rule Bill<br />
leaves the question of copyright legislation with the<br />
Imperial Parliament, and that Irish self-government<br />
will not include the right to legislate on the subject<br />
of copyright. This limitation is a very wise one,<br />
as the difficulties which might have ensued, par-<br />
ticularly in regard to International copyright<br />
relations, if Ireland had been permitted separate<br />
DRAMATIC RIGHTS.<br />
We desire to remind dramatic authors that,<br />
under the new Copyright Act, copyright per-<br />
formances of their plays are no longer necessary<br />
<br />
<br />
## p. 274 (#738) ############################################<br />
<br />
274<br />
THE AUTHOR.<br />
copyright legislation, would have been a source of Authors can be of any assistance the Committee of<br />
much trouble to the owners of copyright property, Management will only be too willing to work in<br />
both in Ireland and in other parts of the kingdom. harmony with the American society.<br />
We wish it had been possible when passing the<br />
Act of 1911 to have made the same reservation<br />
with regard to the Colonies.<br />
BIRTHDAY HONOURS.<br />
WE must congratulate those members of the<br />
society who have received the King's birthday<br />
THE AMERICAN SOCIETY OF AUTHORS. honours.<br />
Professor Waldestein, now Sir Charles Walde-<br />
It is with great pleasure we record the fact stein, late Head Professor of Fine Art, Cambridge,<br />
that American authors have at last decided to and for many years connected with the excavations,<br />
organise themselves into a society founded on the not only in Greece but also in Italy : Mr. Edmund<br />
model in some ways of our own society, and the Gosse, C.B., the librarian of the House of Lords,<br />
Société des gens de Lettres. As our society, who was one of the original members of the society,<br />
basing itself to some extent on the lines of the and has been on the council since its foundation ;<br />
Société des gens de Lettres differs from it in certain Mr. Marc Auriel Stein, now Sir Marc Auriel Stein.<br />
details, no doubt, the American Society will, again, K.C.I.E., whose explorations in Central Asia have<br />
differ from the societies whose action it purposes<br />
extended over many years, and whose latest dis-<br />
to follow. It purposes to include, as our society<br />
coveries have only this year been placed before the<br />
endeavours to include, not only writers and<br />
public; and Mr. Andrew Balfour, G.C.B., Director of<br />
dramatists, but also composers and, perbaps, Government Research Laboratory in the Gordon<br />
artists as far as they are illustrators of books. Memorial College, Khartoum.<br />
We are glad to think that the moving spirit in<br />
forming the organisation is Mr. Louis J. Vance,<br />
the author of “The Brass Bowl” and “ The Black<br />
Bag.” Mr. Vance was over in England some years<br />
ago and joined the Society of Authors. He was<br />
OBITUARY.<br />
impressed with the methods of the society, and has<br />
done a good deal to help the society by rendering<br />
it efficient information on questions that have<br />
HENRI MOREL.<br />
arisen in the United States.<br />
TT is with deep regret that we record the death<br />
The American Society does not propose to be a 1 at Bex, on May 18 last, of M. Henri Morel,<br />
social body in any way, and we think this action is Director of the International Bureau for the<br />
very wise; it is to be a business body, pure and simple, Protection of Literary and Artistic Works, a man<br />
and if it is thoroughly well organised as such is who merited the regard of authors of all nations.<br />
bound to succeed. Amongst those who have given M. Morel presented an instance of a man who rose<br />
the Society their support, the following are mem- from humble beginnings. Originally an engraver,<br />
bers of the Society of Authors :-Ellen Glasgow, he entered public service first in the Swiss Canton<br />
Harvey J. O'Higgins, Louis J. Vance, Langdon of Neuenburg. Later he was engaged as a railway<br />
· Mitchell, and Miss Kale Douglas Wiggin. If such official ; and then, having turned his attention to<br />
a society is successful it is impossible to gange the law, became a barrister. Thereafter he was in turn<br />
advantage and assistance that it may be to our Chief Judge at La Chaux-de-Fonds, member of the<br />
society. Confidential reports can be sent back- Neuenburg Cantonal Court, and President of the<br />
wards and forwards, and matters dealing with Criminal Court. Upon the foundation (in a some-<br />
members' property on both sides of the water can what summary fashion) of the international Bureau<br />
be discussed with a view to strengthening the of Industrial Property in 1884. M. Droz was<br />
position of the owners of that property. In appointed as the first director, and when at the<br />
addition, it may be possible, subject to some end of 1887 there was adjoined to this institution<br />
financial arrangement, for each society to carry a new bureau, that for the International protection<br />
through in its respective country the work of the of copyright, the necessity of some more complete<br />
other society for its members. It, no doubt, will organisation becoming apparent, M. Morel was<br />
be of great advantage also to those who have got appointed, with the title of “Secretary General,"<br />
markets on both sides of the Atlantic to be members to work under M. Druz. Five years later, in 1892,<br />
of both societies if the organisation for carrying out he was appointed director. His post was, at the<br />
the business is efficient and reliable.<br />
outset, one of considerable difficulty, and demanded<br />
We wish Mr. Vance and his confrères every unusual tact. International offices were a novelty,<br />
success, and feel confident that if the Society of and regarded in some quarters with mistrust, and<br />
<br />
<br />
## p. 275 (#739) ############################################<br />
<br />
THE AUTHOR.<br />
275<br />
in others with antipathy. M. Morel showed that tingent in the words and music of my song entitled<br />
he fully appreciated bow delicate was his position, "<br />
"it being understood that I receive a royalty of<br />
per copy on all sold of the same in Great Britain,<br />
and that he possessed also the abilities necessary<br />
Ireland, and the Colonies (13 copies to count as 12), also<br />
to cope with its perils. The consolidation of both five per cent. on the market price of all copies sold in the<br />
the unions over which he presided was principally United States ; 200 copies in both countries to be free for<br />
due to his discretion and his excellent influence.<br />
novelty purposes."<br />
In the numerous conterences in which he took part,<br />
“Any royalties obtained on the sale of gramophone<br />
records or similar mechanical reproductions. in all<br />
the clearness of his mind, his tact, his extensive countries to be equally divided between composer and<br />
knowledge, and his personal charm, were universally publisher."<br />
appreciated. He was wont in jest to call himself<br />
"an international pointsman." The Conference of It is hardly necessary to comment on the absurdity<br />
Berlin may be described as the last great effort of of this bargain from the composer's standpoint.<br />
bis life. It was one that appears to have overtaxed The one party assigns all his rights and the other<br />
his strength, for after it his forces began to fail party undertakes no responsibility except the bare<br />
visibly. He suffered less, however, from the responsibility of publication, subject to a royalty.<br />
malady that was overpowering him than from a It has been so often repeated in The Author that<br />
regret that he was unable to continue his labours. a composer should not assign his rights, either<br />
It had been always his ambition to die in harness. his performing right or his copyright, but should<br />
Circumstances forbade his accomplishing his wish; only grant a licence to perform and publish, that<br />
and. on April 1 last, he found himself com- it is hardly worth while to repeat the warning<br />
pelled to resign his directorship. His name must again, or give the reasons for it. So important, how<br />
be inserted among those of the workers whose toil ever, is the matter that the Committee of Manage-<br />
has been long and beneficial to mankind. This is ment included a long statement of the danger of<br />
the only praise and the only recompense that he<br />
this assignment in last year's report, which was<br />
ever desired.<br />
sept out to all the members of the Society. Under<br />
the agreement printed above, which is one of<br />
the usual pattern, the publisher, with a view no<br />
COMPOSERS' AGREEMENTS.<br />
doubt to the new Copyright Act which will come<br />
into force this month, is trying to claim more than<br />
the copyright and performing right, namely, a<br />
COME two years ago the Society of Authors was portion of the gramophone fees. This side of<br />
D approached by a firm of music publishers who the question has also been discussed by the Com-<br />
desired to arrange an agreement more equi. posers' Sub-Committee, who deemed it advisable<br />
table to composers than the usual document placed to have the following notice published in the daily<br />
before them by the best music publishers in papers :<br />
London. The matter was referred by the Com-<br />
The Incorporated Society of Authors and the Society<br />
mittee of Management to the Copyright Sub-<br />
of British Composers desire to direct the attention of all<br />
Committee. An agreement was put forward, many the composers in the United Kingdom to their powers<br />
meetings were held, and after full discussion à and rights in regard to the mechanical reproduction of<br />
contract was finally settled which was approved by<br />
their works, as defined by the Copyright Act of 1911,<br />
which declares that the Composer has the sole right to<br />
the Committee of Management and printed, with<br />
authorise or prohibit the making of any mechanical<br />
comments, in The Author of May, 1910.<br />
reproduction of his compositions. No matter what assign.<br />
Another firm has approached the Society and ment of mechanical rights the composer may have made<br />
declared its willingness to put forward an equi-<br />
before the passing of the Act, the Act annuls such an<br />
assignment, and confers solely upon the composer all<br />
table agreement. This contract has been submitted<br />
royalties derived from such mechanical rights. In order<br />
to the Copyright Sub-Committee, and after some to make the latter part of this statement quite clear,<br />
negotiation the agreement printed below was section 19, sub-section 7 (c) of the Act should be quoted in<br />
settled. The Committee of Management desire to<br />
full:--.<br />
give their approval to this document not because<br />
“Notwithstanding any assignment made before the<br />
passing of this Act of the copyright in a musical work,<br />
it is a perfect contract between composer and any rights conferred by this Act, in respect of the making,<br />
publisher but because it is far in advance of the or authorising the making, of contrivances by means of<br />
usual music publishers' agreement, as may be seen<br />
which the work may be mechanically performed shall<br />
by reading the following, which may be called the<br />
belong to the author or his legal personal representatives<br />
and not to the assignee, and the royalties aforesaid shall be<br />
prevalent method for the disposal of much musical payable to, and for the benefit of, the author of the work<br />
work.<br />
or his legal personal representatives."<br />
From this it is obvious that the music publisher has no<br />
“In consideration of the sum of Pounds paid to locus standi whatever in the matter, and he has no more<br />
me this day, I hereby agree to assign to<br />
the right to decide upon a division of the composer's royalties<br />
whole of my rights and interest, present, future and con- than upon a division of any other of his private property.<br />
<br />
<br />
## p. 276 (#740) ############################################<br />
<br />
276<br />
THE AUTHOR.<br />
It is certain that agencies for the collection of com-<br />
posers' royalties, for a reasonable consideration, will come<br />
into existence. It is, therefore, strongly impressed upon all<br />
composers :-<br />
1. Not to part with the property which is exclusively<br />
theirs by Act of Parliament.<br />
2. Not to employ any agent or agencies without careful<br />
enquiry into their financial position and stability:<br />
3. Not to enter into any contract for sheet publication<br />
which contains any conditions whatsoever with regard to<br />
their rights of mechanical reproduction.<br />
THE SUGGESTED AGREEMENT.<br />
The following agreement has been submitted to<br />
the society by Messrs. J. Curwen & Sons, with<br />
whose permission we are enabled to print it. It<br />
will be seen to contain the principle of the licence<br />
in place of the highly objectionable total surrender<br />
of all rights.<br />
MEMORANDUM OF AGREEMENT made this day of<br />
one thousand nine hundred and between<br />
of<br />
hereinfter called the Composer<br />
of the one part and J. Curwen & Sons Limited of 24<br />
Berners Street London W. hereinafter termed the Pub.<br />
lishers of the other part whereby it is mutually agreed<br />
between the parties hereto for themselves and their<br />
respective heirs administrators and assigns as follows :<br />
1. Assignment of licence to publish.—That in consideration<br />
of the hereinafter mentioned payments and subject to the<br />
termination clauses hereinafter mentioned the Composer<br />
hereby agrees to sell and assign to the Publishers an<br />
exclusive licence during the whole period of the copyright<br />
(including any renewals and extensions thereof) to print<br />
publish and sell copies of the composition of the Composer<br />
at present intituled<br />
hereinafter called<br />
the Work or of any part thereof in Great Britain and<br />
Ireland her Colonies and Dependencies and further agrees<br />
that during the currency of this agreement neither himself<br />
nor his heirs executors cr assigns shall print or publish<br />
any copies of the said Work or any part thereof or of any<br />
adaptation or arrangement thereof within the said limits<br />
and shall sell only such copies as are obtained from the<br />
Publishers and the Publishers shall not publish any<br />
arrangement of alteration in or variation in or of the<br />
music of the said Work without the consent in writing of<br />
the Composer. But subject to the rights hereinbefore<br />
granted the Composer retains the copyright and per-<br />
forming rights of the Work.<br />
2. Publication.—The Publishers shall bear the whole<br />
cost of printing publishing and advertising the said Work<br />
and shall use their best endeavours to print and publish<br />
the said Work within months of the date of this<br />
agreement and to sell copies of the same in accordance<br />
with their usual course of business.<br />
3. Form and price.--The Publishers shall issue the Work<br />
in form at the price of<br />
or if occasion<br />
requires in such other form or at such other prices as may be<br />
mutually agreed between the Composer and the Publishers.<br />
The general management of the production publication<br />
reprinting and sale of the Work shall be left to the judg.<br />
ment and discretion of the Publishers.<br />
4. American Copyright.-The publishers shall print on<br />
each copy of the Work the notice required by law of the<br />
reservation of copyright in the United States of America<br />
and shall on publication of the Work duly deposit the<br />
necessary copies and enter the copyright in the Copyright<br />
Office at Washington.<br />
5. Performing Right.- If required in writing by the<br />
Composer before the signing of this agreement the Pub-<br />
lishers shall comply with the provisions of the law relating<br />
to notice of reservation of performing rights.<br />
6. Satutory Copies.--The Publishers shall provide and<br />
deposit the copies required by statute for the public<br />
libraries.<br />
7. Payment of Royalties.-- The Publishers shall pay the<br />
Composer his heirs executors or assigns a royalty of of<br />
the full published price of all copies sold in either notation<br />
thirteen copies being counted as twelve but no royalty<br />
shall be paid to the Composer on complimentary copies<br />
given to him or on copies given away for the purpose of<br />
advertisement.<br />
8. Statement of Account.-The publishers shall make up<br />
the statement of accounts annually to the 31st day of May<br />
in each year and shall render the account and pay the<br />
Composer the amount due within three calendar months<br />
from the said date.<br />
9. Copies for Composer: -- The Composer shall be sup-<br />
plied with copies of the Work for his personal use at the<br />
full trade discount.<br />
10. Work not a violation of other rights.—The Composer<br />
guarantees to the Publishers that the said Work is an<br />
original work and is in no way whatsoever a violation of any<br />
copyright belonging to any other person or persons<br />
partnership firm or incorporated company and that it<br />
contains nothing of an objectionable or libellous character<br />
and agrees that he and his legal representatives shall and<br />
will hold harmless and keep indemnified the Publishers<br />
from all suits and all manner of claims proceedings and<br />
expenses which may be taken or incurred on the ground<br />
that the said work is such violation or contains anything<br />
objectionable or libellous.<br />
11. Prvofs.-The Composer undertakes to correct the<br />
proofs of the Work within fourteen days of their receipt.<br />
And should he fail to do so then the Publishers shall be at<br />
liberty to make such corrections as they shall consider<br />
necessary.<br />
12. Infringements.--If either party has reasonable cause<br />
for believing that the copyright in the said composition<br />
has been infringed he or they shall give immediate notice<br />
to the other party. If the Composer takes proceedings<br />
in respect of the infringement and if the Publishers desire<br />
to be joined in the action they may give written notice<br />
to the Composer to that effect and on an undertaking on<br />
their part to pay an equal sbare in the entire cost of the<br />
litigation the Composer shall join them as parties. In such<br />
case the Composer shall diligently prosecute the action<br />
but shall retain control of the proceedings and may make<br />
any reasonable settlement with the defendants in the<br />
interests of Composer and Publishers and the damages if<br />
any recovered shall be firstly applied in payment of costs<br />
and if there is any surplus shall be divided equally between<br />
Composer and Publishers. If the Composer after the<br />
infringement has come to his notice refuses or neglects<br />
to take proceedings in respect thereof the Publishers sball<br />
be entitled to take proceedings and on giving the Composer<br />
a sufficient and reasonable indemnity against liability for<br />
costs shall be entitled to use the Composer's name as a<br />
party to such proceedings. In such case the Publishers<br />
shall retain control of the proceedings and may make any<br />
reasonable settlement in the interests of Composer and<br />
Publishers and the damages if any recovered shall be<br />
firstly applied in payment of costs and if there is any<br />
surplus shall be divided in the proportion of one-third to<br />
the Composer and two-thirds to the Publishers.<br />
13. Termination of licence by publishers' liquidation.-<br />
In the event of the Publishers going into liquidation the<br />
licence hereunder to make print publish and sell shall<br />
cease from the date of the winding-up order but in the<br />
event of the Publishers reconstructing their company or<br />
amalgamating themselves with another company or<br />
<br />
<br />
## p. 277 (#741) ############################################<br />
<br />
THE AUTHOR.<br />
277<br />
firm the Composer bis heirs executors or assigns shall too, that under tbe Act of December, 1911, copy.<br />
without further consideration grant a licence in similar right means much more than it did under the old<br />
form to such reconstructed or other company or firm<br />
unless he states in writing his objection to the nature of<br />
Act, where the rights were divided ; and, although<br />
the reconstruction or amalgamation. And in the event of the suggested agreement in its first clause gives the<br />
his making such statement of objection he shall not make exclusive licence during the whole term of copy-<br />
an agreement with any other publisher whereby he shall<br />
right, this licence is very strictly limited in the<br />
be entitled to receive higher royalties or any larger<br />
other clauses.<br />
remuneration than that to which he is entitled under this<br />
agreement.<br />
The position of the composer is not under this<br />
14. Termination of licence by notice. If the Publishers agreement one of absolute freedom, such as may be<br />
shall at the end of three years from the date of publication<br />
looked for in the future, but his more advantageous<br />
or at any time thereafter give written notice to the<br />
Composer that in their opinion the demand for the Work<br />
attitude will appear on further consideration. If he,<br />
has ceased or if the publishers shall have at any time under the usual agreement, assigns his copyright, then<br />
allowed the same to be out of print or off the market for a the publisher can publish any arrangement or altera-<br />
period of not less than six calendar months and shall<br />
tion of the music so long as such arrangement or<br />
receive written notice from the Composer to that effect<br />
then if within three months of such written notice having<br />
alteration does not amount to a libel on the com-<br />
been received by either party as the case may be the poser's reputation. Under Messrs. Curwens' agree-<br />
Publishers do not print an edition or use the ordinary ment the publisher is absolutely forbidden to do<br />
methods for putting the work again on the market the<br />
so, and it is expressly stated that the composer<br />
licence hereunder to make print publish and sell shall<br />
retains the copyright and the performing right in<br />
cease.<br />
15. In the event of the cesser of this licence under the work and, in consequence, he would also retain<br />
either of the preceding clauses of this agreement the any fees that come to him from reproduction on<br />
Composer shall have the option of purchasing the plates of<br />
mechanical instruments, which are his under the<br />
the said Work and all unsold copies at an agreed valuation.<br />
Provided that if the Composer does not exercise that<br />
Act of 1911—for he does not undertake to sell or<br />
option within three months of the cesser of the said licence assign these to the publisher in any part of the<br />
the Publishers may at any time thereafter dispose of such agreement. The publisher is also limited with<br />
plates and copies as they may think fit.<br />
regard to country, so that no publication can be<br />
16. Execution of further assurances.--- The Composer<br />
made in America or abroad. The composer can<br />
agrees for himself his heirs executors and assigns to execute<br />
such further assurances of the premises hereby assigned as either enter into a contract direct with a foreign<br />
may reasonably be required.<br />
publisher, or make a fresh arrangement with<br />
17. Throughout this agreement words denoting the male the English publisher. Under clause 3 the pub-<br />
gender shall be held to connote the female gender.<br />
18. Interpretation.--This agreement wherever made shall<br />
lisher is further limited in his rights to print,<br />
be construed according to English law.<br />
publish and sell both as to the format in which the<br />
As Witness the band of the Composer and the hand of<br />
work is to be produced and as to the price at<br />
on behalf of the Publisher the day and which it is to be sold. No alterations can be made<br />
year first above written.<br />
in the format or price without mutual agreement.<br />
Signature of Composer. This clause is a most satisfactory clause from the<br />
composer's point of view.<br />
Witness to the above signature.<br />
Clause + is also satisfactory as the publisher is<br />
Name.<br />
thereby bound to add words necessary to reserve<br />
Address.<br />
the copyright in the United States, and bound to<br />
go through the necessary technicalities to secure<br />
Occupation.<br />
the copyright in that country. As most composers<br />
Signed for J. Curwen & Sons Limited,<br />
know, the printing of music in the l'nited States is<br />
Director,<br />
not essential under the l'nited States Act.<br />
Witness to the above signature.<br />
Clause 5, under the Act of 1911, will be<br />
ineffective and can be taken out of the agree-<br />
Name.<br />
ment when that Act comes into force.<br />
Address.<br />
Clauses 6, 7, 8, 9, 10 and 11 may pass with but<br />
little comment. It is true that in inost cases it is<br />
Occupation,<br />
satisfactory to have semi-annual accounts, but an<br />
The Composer should note that he has the right at<br />
exception was made in this special agreement by<br />
common law to inspect the books of the Publishers which<br />
refer to his Works published under this agreement.<br />
the Copyright Sub-Committee after discussion of<br />
the point with Messrs. Curwen & Sons.<br />
The Committee of Management recognise the Clause 11 is almost identical with the clause<br />
first clause of the agreement as being a great which stands in the agreement which was before the<br />
advance. It does away with the transfer of copy. Committee in May, 1910, the view of the composer<br />
right demanded by the document printed at the and the publisher being that the corrections<br />
beginning of this article. It should be mentioned, necessary would be mere printer's errors.<br />
<br />
<br />
## p. 278 (#742) ############################################<br />
<br />
278<br />
THE AUTHOR.<br />
Clause 12 is rather complicated, but this is due in making a move to enter the Copyright Union,<br />
to the intention of being very inclusive in the pro- and is proposing such a revision of the national<br />
visions. It will not be so important under the Act copyright law as shall make this step possible.<br />
of 1911.<br />
The projected statute is presented in an official<br />
Clause 13 was discussed at considerable length document : “ Session of 1911–1912. No. 227.<br />
between the Copyright Sub-Committee and the New Regulation of Copyright." This document<br />
representative of Messrs. Curwen & Sons. To the consists of two parts, the “ Proposed New Law,"<br />
casual observer it also may seem complicated, but and an “Explanatory Memoir," both of which are<br />
the reason for its being drafted on the present lines of a highly interesting character.<br />
is as follows :-The publishers have the exclusive The “ Explanatory Memoir " should be read first.<br />
right to publish during the whole term of copy. It contains a lucid explanation of why the present<br />
right. The Sub-Committee desired that the agree Dutch copyright law requires to be revised before<br />
ment should be terminated under the circumstances Holland can join the Berlin Convention, and dis-<br />
set out. Messrs. Curwen wanted the licence to cusses in a manner admirable for its profundity and<br />
continue, and urged that if the author has the exactness the reasons for the various dispositions<br />
option to terminate the agreement he might merely which the Legislature proposes. Among other<br />
do so with a view of raising his financial remu particulars set forth in the memoir the following<br />
neration against a reconstructed firm. The Sub- deserve special attention. The Dutch government<br />
Committee argued that the composer might desire that their new law shall not be a servile<br />
object strongly, for reasons which could not be imitation of what has been proposed to the European<br />
stated under an ordinary arbitration, to allow his nations by the Berlin Convention, but shall hare<br />
work to be published by the reconstructed company original merits of its own. The proposed law is<br />
or firm. In order to meet the views of both parties consequently in several respects in advance of<br />
the last sentence was inserted. This clause is more previous legislation, and at the same time in several<br />
stringent and more to the disadvantage of the com- respects simpler. As an instance of the latter feature<br />
poser than the corresponding clause in the agree- may be mentioned a remark made regarding enact-<br />
ment which is printed in The Author of May, 1910. ments regulating cinematographic representations.<br />
The clause runs as follows:---<br />
The memoir observes, with much reason, that<br />
practically the legislation which rules the copyright<br />
"In the event of the publishers, or any of them,<br />
becoming bankrupt (in the case of a limited company<br />
and exhibition of photographs, rules at the same<br />
substitute “going into liquidation ") the licence hereunder time the copyright and exhibition of cinemato-<br />
to make, print, publish and sell shall cease from the date graphic representations. The cinematograpbic<br />
of the adjudication (or in the case of a limited company<br />
theatre in reality throws upon the screen merely a<br />
substitute “winding-up order ').<br />
number of successive photographs. These, indeed,<br />
There is nothing that need be said about the follow one another with a rapidity too great for the<br />
remaining clauses which are self-explanatory. The human eye to be able to distinguish between them,<br />
Committee would impress upon those composers but are, after all, only a number of different photo-<br />
who are members of the Society that the contract graphis presented to view in rapid succession ; so<br />
set up by the agreement is far more advantageous that any legislation which duly regulates the<br />
for composers than the customary absurd contracts multiplication and exhibition of photographs ipso<br />
which are offered to them. The ruinous assign- facto rules the cinematographic theatre. The whole<br />
ment of copyright is absent.<br />
exhibition is only, as the memoir remarks,“ a form<br />
It must be again insisted that composers shonld of presentation to view by a magic lantern.” The<br />
nerer assign their copyright which, under the Act new Dutch law will, in this particular, be simpler<br />
of 1911, will include their perforining right, and than any other which has dealt with the same<br />
should never assign to the publishers the gramo subject. Respecting artistic copyright new ground<br />
phone rights to which they are wholly entitled seems to be broken in the discussion of the right<br />
under that Act.<br />
of reproduction of portraits. There are here com-<br />
plications arising from the artist's copyright in the<br />
portrait, and the admitted right of the living<br />
THE PROPOSED NEW COPYRIGHT<br />
original to forbid the multiplication and exhibition<br />
of bis portrait, and the discussion in the memoir<br />
LAW OF HOLLAND.<br />
of these crossing rights (if the term may be used)<br />
is fuller than we have elsewhere seen. A different<br />
FTER many years of hesitation, and after problem is presented by the question of the artist's<br />
many disputes respecting the probable right to make replicas of his own work, a right<br />
advantage or disadvantage of adhesion to which the Dutch law will reserve to him. Very<br />
the Berlin Convention, Holland is at last engaged interesting also is the discussion of a question<br />
A<br />
many<br />
<br />
<br />
## p. 279 (#743) ############################################<br />
<br />
THE AUTHOR.<br />
279<br />
which, to the best of our knowledge, has not been the Dutch criminal code, the act will also apply to<br />
hitherto determined in all its aspects, namely, how the Dutch East Indies.<br />
far does copyright impede the right to produce the Of the proposed new law itself, lack of space<br />
same idea in an entirely different form? A very compels us to mention only some salient particu-<br />
simple case of this is the dramatisation of novels ; lars. In general its provisions are such as those<br />
a case in which all modern legislation reserves to elsewhere established. Copyright will be personal<br />
the original author an inhibitive right. This property, and transmissible, but only by writing.<br />
elementary case is, howerer, one in which the Inherited unpublished copyright is not subject to<br />
author's rights are obvious. By no means SO seizure. Copyright is accorded to books, pamphlets,<br />
obvious is the case of a painting of a sculpture. newspapers, journals, and all other writings; dramas,<br />
To come to the extreme instance possible, how will dramatic music, lecturers, choregraphic works and<br />
the case stand when some incident in a novel or pantomimes whose conduct is described in writing<br />
poem is described by the author with the fullest or otherwise ; music, with or without words ;<br />
particulars of surrounding scenery and of the situa- sketches, paintings, architectural designs, sculp-<br />
tion of the dramatis personæ at a given moment, tures, lithographs, engravings and other works on<br />
and an artist paints a picture representing exactly plates ; geographical maps, plans, designs and<br />
what he has read? In the illustration of books it plastic works bearing on arcbitecture, geography,<br />
is not an uncommon phenomenon to find that it is topography and other sciences ; photographic and<br />
difficult, or even impossible, to bring the illustra- cinematographic works, and works of a similar<br />
tions into harmony with the text ; and this may character; artistic works of a commercial character,<br />
suggest that the above assumption is a very un- and in a word to any product belonging to the<br />
likely one; only, presuming it to be verified, has the provinces of literature, science or art, whatsoever<br />
artist infringed the author's copyright ? He has may be its manner of production. Collected works<br />
certainly been picking the author's brains.<br />
of any kind will be regarded as a single work.<br />
The memoir accepts as indisputable the author's There is no copyright in laws, judicial decrees and<br />
“moral right”—that is to say his right to interdict public announcements.<br />
any modification of the work which he has pro. Reproduction of news published in journals will<br />
duced. This right is so far removed from any not be regarded as an infraction of copyright if<br />
commercial interests, and has been only so recently the source is indicated, but reproduction may be<br />
postulated and discussed, that it may appear to forbidden.<br />
many to be wholly imaginary ; though there are Also will be regarded as no infraction of copy-<br />
few authors or artists who will not immediately right the reproduction of a portrait, by or at the<br />
declare in favour of it. Here the new Dutch law command of the person represented, or by his<br />
boldly defends what is one of the highest, though relatives after his death, provided that the repro-<br />
one of the most intangible rights of an author. At duction differs widely in size from the original.<br />
the same time it fully admits the impossibility of The possessor of the copyright of a portrait<br />
its universal practical enforcement. The new law cannot publish it without the consent of the person<br />
proposes to accord copyright to “ commercial represented, but the possessor of architectural<br />
art"--objects designed for practical use and here designs may exbibit then for sale.<br />
again sanctions one of the most recent views. The modification of any copyright work by the<br />
respecting copyright; but the memoir appositely purchaser, or at his command, is forbidden (except<br />
observes that both in the case of objects of this in the case of buildings and trade designs) unless<br />
sort and in the case of architectural designs, it will the author gives his consent to the modification.<br />
be practically impossible to insist upon “moral The author retains this right as long as he lives.<br />
copyright” in the sense in which it can be accorded The author, if he applies for them within a month<br />
to the literary author, the painter, or the musical after seizure, may claim to have pirated works<br />
composer. Practical needs or improvements may handed over to him, and may put them on the<br />
compel the modification of a commercial design, or market.<br />
of a building, and in such cases protection cannot The term of copyright is life and fifty years. In<br />
be given the designer.<br />
the case of collaboration the fifty years are calcu-<br />
The memoir concludes with an expression of the lated from the date of the death of the last surviving<br />
desirability of the new act's coming into force as collaborator. Anonymous works have a copyright<br />
soon as possible after it shall have been passed; of fifty years. The right of translation lapses if<br />
and the concluding article of the new act itself not exercised within ten years from the last day of<br />
declares that it shall come into force in the Dutch the year in which the work was first published, for<br />
Kingdom in Europe on the first day of the month the languages in which the author has not given his<br />
following its passing. With the exception of permission for translation in one of the countries<br />
certain modifications which the act will involve in belonging to the international copyright union.<br />
<br />
<br />
## p. 280 (#744) ############################################<br />
<br />
280<br />
THE AUTHOR.<br />
The same rule applies to translation for dramatic increased through M. de Cardonne and M. Dufay,<br />
performance.<br />
the learned librarian of Blois.<br />
Photographic copyright has a term of fifty years. At Chambord ample time was given to explore its<br />
A work is regarded as published only when it is halls and double staircase, and to get many a hint<br />
manifolded for sale. The performance of a dramatic on the architecture of this “forest of campaniles,<br />
work, or of a piece of music, or the exhibition of chimneys, domes, towers, etc.” and to learn the<br />
a picture is not publication.<br />
meaning of the “Salamander" they were to meet<br />
with so often. From Chambord the drive was con-<br />
tinued through the forest and pretty villages, to the<br />
picturesque castle of Cheverny. Particular note was<br />
BRITISH WRITERS AND JOURNALISTS taken of the garden produce cultivation en route. At<br />
IN TOURAINE.<br />
Cheverny the fine tapestries, arms, and armour,<br />
and the interesting room, such as the Salle des<br />
Gardes and the Bedchamber of Henri IV. were<br />
M HE expeditions into foreign countries by the critically explained and examined, and then came<br />
1 members of the British International Associa- the return to Blois, and a reception at the Hôtel de<br />
tion of Journalists have produced important Ville by the Mayor and authorities; at which Sir<br />
results, not only in the shape of numerous articles James Yoxall, in the language of the country,<br />
in journals and magazines, but also in the issue responded to many pleasant words. of greeting. The<br />
of volumes topographical, historical, and of fiction, following day the fêtes in honour of the 500th<br />
dealing with the people and homes of the lands anniversary of Joan of Arc's martyrdom were<br />
visited. Some of these expeditions, brought celebrated, and Blois and its cathedral were en féle<br />
about by invitations from the foreign authorities, for the commemoration. The morning was devoted<br />
have been extensive, entailing some weeks of to a careful study of Blois Castle, under the guid-<br />
travel. To meet the wishes of the members whose ance of M. Dufay, who brought out every point of<br />
time is limited, a short tour in Touraine was architecture and history. This with the Joan of Arc<br />
suggested by the president, Sir James Yoxall, M.P., services and processions gave them much subject-<br />
whose knowledge of French and France gave matter and a new insight into Blois bistory. The<br />
weight to his suggestion, and although this was not next morning they left the city with regret, and<br />
the occasion of an important invitation being halted at Onzaine, en route for Tours, to study the<br />
accepted, the authorities in Touraine, and especially Château of Chaumont, where again M. de Cardonne<br />
the Presidents of the “Syndicat de l'initiative," at and M. Dufay were their historical guides. In the<br />
Blois and Tours, M. M. de Cardonne and Cheverel, evening Tours was reached, and at the Hôtel de<br />
greeted the idea heartily, and in a small space of l'Univers all were cordially received by M. Cheverel,<br />
time ensured a most successful reception and pro- the president of the Syndicat, and M. Mockers, the<br />
gramme. The whole plan was to be contained in leading journalist, aud the other officials of the<br />
a useful, enjoyable journey of eight days, one that city, who had arranged a comprehensive three days'<br />
would largely increase the knowledge of the programme by motors to all the principal châteaux<br />
travellers. The South Eastern and Chatham and the of Touraine, including Chinon, Chenonceaux,<br />
Paris-Orleans railways made such careful arrange. Amboise, Azay le Rideau, Laugeais, Loches, etc.<br />
ments that the journey to Touraine via Paris was A whole delightful day was devoted to Chinon and<br />
accomplished sans fatigue. A day's halt in Paris the castles en route, and over all these historic<br />
allowed the president and officials of the association wonders of architecture local gentlemen gave their<br />
to be received by the Minister of Public Works, services as guides, and thus enhanced the value<br />
Senator Jean Dupuy, and greetings were received of the tour enormously. The specialist in<br />
from such well-known journalists as Count Etienne architecture, or history, agriculture, or folklore,<br />
de Naleche, M. Adrien Hebrard, M. Victor all had their questions answered, and the balts in<br />
Taunay, M. A. Humbert.<br />
these romantic castles gave keen delight to the<br />
An early morning train from Paris landed the English travellers. After the day at Chenonceaux<br />
party in Blois by 10 A.M. Here at once was and Amboise, a reception was given by the Mayor<br />
apparent the cordiality of the reception by M. Henri and Council at Tours at the New Town Hall,<br />
de Cardonne and the authorities, who had arranged which was illuminated for the occasion. In the<br />
an interesting and comprehensive programme for artistically decorated salons, a Vin de'honneur was<br />
the time to be spent at Blois. At 1 P.M. the party proferred by the Maire, who proposed the health of<br />
were en route in carriages for Chambord, driving His Majesty King George, to which Sir James<br />
along the banks of the Loire, and soon found that Yoxall responded by proposing the French President,<br />
their knowledge of the link between French and in a speech that proved his thorough knowledge of<br />
English history was to be widely and delightfully the history of Touraine. M. Mockers, who on<br />
<br />
<br />
## p. 281 (#745) ############################################<br />
<br />
THE AUTHOR.<br />
281<br />
behalf of “ La Presse Tonrangelle" proposed the the writer explain? Why doesn't the reader<br />
English Press, was replied to by the writer, who, guess ? But instead of blaming one another, they<br />
in his turn, gave the Press of France, and especially would do better to blame the age in which they<br />
that of Tours and Touraine.<br />
live. For their conversation is peculiarly modern.<br />
In the morning the librarian, M. Gaston Collon, It never occurred in the past. Then, if the writer<br />
gave much time in showing the most remarkable was questioned, he would reply quite simply and<br />
MSS. treasures of the library, some unique, all very. cheerfully, “Apollo inspired me." The reader<br />
beautiful and deeply interesting. In returning answered, “ Praised be Apollo !” and all was well.<br />
from Amboise a halt was made at the new golf Both parties assumed the intervention of a god,<br />
club house, where the Marquis de Beaumont, the who, duly invoked, poured something into the<br />
president, gave a cordial reception and afternoon worshipper that human converse cannot produce,<br />
tea. The new discoveries at Loches keenly interested and made him a channel for exciting and extra-<br />
the British writers, and as at Amboise so here ordinary words. They believed in inspiration.<br />
everyone felt the expedition was not only delightful To-day we have dethroned A pollo. But it may<br />
but educative. After the official tour was ended, be questioned whether we have put any adequate<br />
some availed themselves of facilities to visit Poitiers, theory in his place. Science—as usual-is not<br />
where M. Robuchons, president of the Syndicat de quite ready. She has one or two more facts about<br />
l'initiatif, received them, and explained the monu- psychology and physiology to master before she<br />
ments of the wondrons old city; other members can ascend Parnassus and explain exactly how<br />
visited other parts of France, including the George books are written. And while she is mastering<br />
Sand country, Bourges, Clermont-Ferrand, the Puy these facts, and the one or two hundred other facts<br />
de Dôme district, gaining thus much additional to which they will lead her, the reader gets at cross<br />
knowledge of France and the French nation.<br />
purposes with the writer, and the writer says<br />
JAMES BAKER.<br />
“Er-er-" Is it possible to forestall science<br />
and to give some answer from our own experience ?<br />
Experiences vary, but most writers when they<br />
compose seem to go through some such process as<br />
INSPIRATION.<br />
follows. They start pretty calın, promising their<br />
wives they will not let the fire out or be late for lunch.<br />
They write a few sentences rery slowly and feel<br />
TOST of us, either as reader or writer constricted and used up. Then a queer catastrophe<br />
1 must have taken part in the following happens inside them. The mind, as it were, turns<br />
conversation :<br />
turtle, sometimes with rapidity, and a hidden part<br />
Reader : It is a great pleasure to meet you. of it comes to the top and controls the pen.<br />
I have admired your books so much ; do you mind Quicker and quicker the writer works, his head<br />
talking about them ?<br />
grows hot, he looks far from handsome, he spoils<br />
Writer : Oh, thank you, I don't think so.—No. the lunch and lets out the fire. He is not exactly<br />
Reader : Because I wanted to ask you. How do “rapt”; on the contrary he feels inore himself<br />
you set about them? How do they come ? Do than usual, and lives in a state which he is con-<br />
you plan out a book beforehand ? Or do you make vinced should be his normal one, though it isn't.<br />
it up as you go along ?<br />
On returning to his normal state, he reads over what<br />
Writer : I can't quite remember. A little of he has written. It surprises him. He couldn't do<br />
both perhaps.<br />
it again. He can't explain to the reader how it was<br />
Reader : I see. You start with a plan, but leave done. He can't remember whether plot or character<br />
yourself quite free to alter it as the story develops. was considered first, whether the work was con-<br />
Writer: That does sound an awfully good way. ceived as a whole or bit by bit. If he started with<br />
I wonder.<br />
a plan it is all forgotten and faded, just as our<br />
Reader : Won't you tell me? Well, I mustn't anticipations about a new place or person fade<br />
pry into the secrets of your craft.<br />
as soon as we have had the experience of<br />
Writer : Oh please we've no secrets.<br />
seeing that place or person. The reality has<br />
Reculer : Then tell me this: Which do you con- swallowed it up. It is a reality outside his<br />
ceive first ; the characters or the plot ?<br />
ordinary self. He has created it but contains it no<br />
Writer : Er--1-a little of both perhaps-er- longer ; to use the backneyed comparison, his<br />
er-<br />
relation to it is that of a parent to a child. And<br />
Reader (afterwards) : Yes, I've met him at last. this, by the way, accounts for a phenomenon which<br />
A disappointment; a very great disappointment. often repels the reader; writers are capable o<br />
It is indeed a disappointment. Reader and perusing their own works with interest and eve<br />
writer part with mutual annoyance. Why can't with admiration. No doubt it is absurd of them to<br />
<br />
<br />
## p. 282 (#746) ############################################<br />
<br />
282<br />
THE AUTHOR.<br />
D<br />
do this, but it is the absurdity of a fond father<br />
CORRESPONDENCE.<br />
who rejoices in the extension of his individuality,<br />
and trusts that it will survive when he is gone. Of<br />
all forms of conceit, it is the least narrowing.<br />
THE HAZARD OF THE PEN.<br />
Here, then, is the process, termed by the ancients<br />
“inspiration," and one wishes that the term was<br />
1.<br />
still in use, for it is far nearer the truth than most<br />
DEAR SIR,-May I say “ Hear, hear!” to<br />
accounts. In modern usage, inspiration is still practically every word contained in the excellent<br />
allowed to poets and a few historians, but the papers of Mr. Herbert W. Smith, and at the same<br />
smaller fry, such as novelists, are denied it. How time add a suggestion of my own?<br />
unfair! If one writer can be inspired, are we not<br />
In my experience one of the main difficulties of<br />
all inspired, every one of us? The quality of our authorship is the financing of one's commissions.<br />
inspiration_that is another matter : ' Apollo Thus, I have been asked to undertake a 100.000<br />
always was unreliable. But are we not all capable word serial and half-a-dozen short stories, enough<br />
of getting into a state where we put down words that work to keep one going the best part of a<br />
we shouldn't put down ordinarily? And is not year. Assuming one has sufficient capital to<br />
this capability the first step towards producing good<br />
work ? When one recalls the anecdotes about<br />
an author to find himself with five or six<br />
great writers-how Jane Austen composed in the<br />
hundred pounds outstanding and not a pound to<br />
hubbub of the rectory drawing-room, how Balzac his credit in the bank. He may have to endure<br />
saw from his summer-house the Comédie Humaine this state of destitution for five or six weeks,<br />
disentangling and entangling against the shrubs during which time he and his household have to<br />
that surrounded him, how Coleridge (the extreme rub along somehow. The irony of the situation<br />
case) prolonged into waking his vision of Kubla lies in the fact that the people who owe him money<br />
Khan-it is tempting to conclude that they all are mostly millionaires.<br />
went through the same process, diverse as were the<br />
Now, in any other trade or profession he could<br />
results to which it brought them, and most go to his bank and say that X and Y and Z, all<br />
tempting to conclude that we, too, can go through firms of the very highest standing, owe him so<br />
that process, with results however bad.<br />
many pounds, due on various dates, and, giren<br />
For—to repeat-inspiration need not imply certain assurances, his banker would be glad to let<br />
genius. The vain shallow writer is also inspired, him overdraw. In our craft, unfortunately, we<br />
and perhaps with the greater facility. He too can have no such facilities. I have not tried it, but I<br />
put down words when his poor little mind has feel sure that if I went to my bank and said to the<br />
turned turtle, and can declare afterwards that they manager, “Here is evidence that X and Y and Z<br />
are good words. There is a story of a man who, owe me £528; may I overdraw to half that<br />
like Coleridge, dreamt a poem of superhuman amount ?" the manager would shake his head and<br />
splendour. It was not cumbersome like Kubla say, “Impossible.”<br />
Khan, but consisted of a single immortal stanza, The author's brother who is in the Army or<br />
which he managed to write down and preserve for Navy or the Church, and who is making half the<br />
literature. When he was quite awake he read the author's income, labours under no such difficulty.<br />
little gem. It ran as follows:<br />
I know, of course, that literary agents and<br />
publishers are often willing to finance an author,<br />
Walker with one eye,<br />
but does not this mean that the author is<br />
Walker with two.<br />
Something to live for,<br />
sacrificing his independence and his power to<br />
Nothing to do.<br />
bargain ? You can't very well stand out for a<br />
good price and at the same time borrow money off<br />
Are not many of our awakenings similar ? The<br />
the man with whom you are dealing. Again, one<br />
inspiration seemed splendid at the time, but<br />
can borrow from friends; yet isn't this rather<br />
criticism must relegate it to the waste paper<br />
rough on both author and friends ?<br />
basket. It is pure balderdash. There is just this<br />
The remedy for this position does not strike me<br />
comfort: we mayn't get far with it, but we<br />
as being beyond the powers of the Society. I<br />
shouldn't get anywhere without it. Perseverance,<br />
would suggest that the Society either arranges<br />
benevolence, culture, and all the other qualities that<br />
with one or two first-class banks, that, in addition<br />
pose as good writing, are worthless if they are<br />
to keeping a member's account, they should be<br />
not rooted in the underside of the mind.<br />
willing to permit an overdraft on such security as<br />
the author himself possesses. The money out-<br />
standing might very easily be made over to the<br />
banker who would provide funds for this purpose.<br />
<br />
<br />
## p. 283 (#747) ############################################<br />
<br />
THE AUTHOR.<br />
283<br />
Or perhaps the Society might persuade our leading<br />
editors and publishers, if not to pay immediately<br />
on acceptance, at least to furnish the author with<br />
some negotiable instrument which he could<br />
discount or not discount as his necessities dic-<br />
tated.<br />
I would like to get the opinion of other authors<br />
on this very vital matter, and especially I would<br />
like to get the opinion of an author-banker, such<br />
as Mr. Edward Clodd.<br />
Yours very truly,<br />
ALBERT KINROSS.<br />
(NOTE.—We have submitted a copy of Mr.<br />
Kinross's letter to Mr. Clodd. and have received<br />
the following reply, which Mr. Clodd has kindly<br />
permitted us to print in these columns) :—<br />
II.<br />
DEAR SIRS,—Bankers do not make advances<br />
against book debts, because they are intangible<br />
securities. Firms of the highest repute are some-<br />
times granted loans without security, but in each<br />
case the banker knows that repayment is assured.<br />
Failing ability to deposit negotiable securities,<br />
such as railway stocks, foreign bonds, etc., the only<br />
way in which an author can anticipate payment is<br />
to draw a bill on his publisher, which, if the<br />
if the<br />
acceptor be a man of fair business standing, would<br />
be discounted by the author's banker.<br />
But I gather that publishers are shy in giving<br />
their acceptances.<br />
EDWARD CLODD.<br />
it must be lost. So I re-wrote my MS., and sent it<br />
elsewhere. Five months later-a year and two<br />
months after submitting it-I received my sup-<br />
posedly lost MS. back again with the usual printed<br />
form of refusal.<br />
So evidently your correspondent has had better<br />
luck with The Bystander than either Miss Annesley<br />
or myself. But I observe that he is on the staff of<br />
a London paper. Is it possible that that explains<br />
it? I wonder. Persorally I am not on the staff of<br />
a paper. I am a mere free lance and there are<br />
some editors who seem to think that free lance and<br />
door mat are convertible terms. Fortunately such<br />
editors are very few in number.<br />
I am in doubt whether to sign this letter with<br />
my name. If I do I shall be told that I am trying<br />
to advertise myself. If I do not I shall be told<br />
that an unsigned letter is unworthy of considera-<br />
tion. But I think I will risk this last retort and<br />
will merely content myself with observing that I<br />
am a very humble individual who has earned a bare<br />
and laborious living by his pen for the last ten<br />
years, and that I enclose my name and address for<br />
the information of the editor of The Author.<br />
Only if every writer who receives such really<br />
discourteous treatment as that accorded to Miss<br />
Annesley would complain in public, those few<br />
editors who apparently do not know how to behave<br />
would soon be brought up to the level of the very<br />
great majority who do.<br />
Yours faithfully,<br />
X. Y. Z.<br />
11.<br />
* EDITORIAL COURTESY.<br />
SIR,-For how long should an author consider it<br />
necessary to reserve a manuscript to the considera-<br />
SIR,—The enthusiastic tribute paid in the June<br />
tion of one editor ? I use the word “necessary"<br />
Author by one of your correspondents to the prompt,<br />
instead of “ reasonable," because in my experience<br />
courteous, and business-like treatment accorded him very few editors give a contributor a decision within<br />
by The Bystander, is indeed interesting.<br />
a reasonable time. At the present moment three<br />
He explains that everything he sends to that editors of periodicals have the same number of<br />
paper is either accepted or sent back by return of short poems of mine in their hands. One poem has<br />
post. He is a lucky man. For my part I have been retained three months, another six weeks, and<br />
contributed to The Bystander as to the majority of the third a fortnight. To the first editor I have<br />
other papers publishing fiction. But I do not addressed three or four letters without effect. My<br />
think I have ever once had a MS. decided on so poem is neither published nor returned.<br />
promptly by The Bystander people. I remember As the editor myself of two publications, I know<br />
önce sending them a MS. I waited seven months perfectly well that a decision on a short manuscript<br />
and then, having heard nothing about it. I ventured can be made very shortly after it is received, pro-<br />
to ask for a decision. I received no reply so I viding one's work is carried through with method.<br />
wrote again. And again. And again. In fact I Why, then, should a contributor be kept waiting an<br />
wrote six letters and one postcard_all. I assure unreasonable time for a decision ? It is neither<br />
you, polite, even painfully polite, communications fair nor businesslike.<br />
--and then at last I received a nicely written<br />
Yours truly,<br />
answer to the effect that my MS. could not be<br />
AN EDITOR AND CONTRIBUTOR.<br />
found and that if it had ever been received by The *** Undoubtedly very many editors are unbusi-<br />
Bystander, of which there was no trace, they fearednesslike and some though these at any rate nowadays<br />
<br />
<br />
## p. 284 (#748) ############################################<br />
<br />
284<br />
THE AUTHOR.<br />
are, we think, few in number—are oblivious of the obliged if you will kindly give me—although not<br />
position of the author who sends in contributions a member of the Society of Authors—space in<br />
on the chance. But it is not quite possible for an which to answer it.<br />
editor to apply what might be called a strict Mr. Bennett may have spoken of “taking part in<br />
business routine to uncommissioned manuscripts; a farce," because he considered it absurd that the<br />
he cannot accept at once just as many as he has “best” half-dozen novels should be picked out<br />
room for and post the others back immediately. without reference to his judgment, and that he<br />
The manuscripts must be read and their suitability would be expected to choose from these not the<br />
ascertained. It frequently happens that a manu- most finished artistic production, but the book<br />
script has no paramount claim for immediate likely to have the best sale. That is as it may be,<br />
insertion, but has, at the same time, qualities which but it is absolutely ninfair to infer that his attitude<br />
might, if space allowed, ensure its insertion later. in this affair proves him to be a man who is too<br />
If such an article is returned at once the author indifferent and selfish to " serve some poor devil of<br />
loses a chance ; if later that chance disappears, a brother author.” Mr. Arnold Bennett-and I<br />
owing to pressure on space or closer inspection of am glad to have an opportunity of pablicly<br />
the work, and the manuscript is returned, the editor acknowledging it—"discovered" me, and went out<br />
is too often held to be discourteous. We recom- of his way to advise me and help me to find a<br />
mend that the author should carefully study the market when I was an absolutely unknown writer,<br />
pages of the periodical to which he proposes to and before his own first book was published.<br />
contribute, so that he may not send an article which Years ago I could have shown “ David” letters<br />
is manifestly unsuitable either in subject, treatment, from Mr. Bennett as kindly and helpful as those<br />
or size. Then, having decided that his chance of be speaks of which were written by Southey, Scott,<br />
insertion is reasonable on such grounds, he should and Besant to their literary godchildren, and I<br />
write to the editor and ask whether he may submit do not for a moment suppose that I am the only<br />
the manuscript. This is a trouble for him as it writer he has ever been kind to. There are other<br />
will be a trouble for the editor, but future and better ways of helping beginners than the<br />
disappointment may in this way be avoided. One very doubtful way of acting as a judge in a Nove<br />
more hint ; authors should always retain copirs of Competition.<br />
their manuscripts, and should always send them in<br />
Yours faithfully,<br />
typewritten.—ED.<br />
M. PENROSE.<br />
A SUGGESTION.<br />
AUTHOR AND PUBLISHER.<br />
Sir,—We hear so much of the openhearted<br />
publisher somehow getting the better of the simple<br />
o getting the better of the simple<br />
author that it might be as well to avoid this unhappy<br />
consummation, and to this end I have the follow-<br />
! I have the follow<br />
ing suggestion to make :—That directly a book is<br />
announced by a new writer an old copy of The<br />
Author should be forwarded to him, and his<br />
attention called to the advice it gives in every issue.<br />
I know, in my own case, that had I possessed<br />
such knowledge I should be many hundred pounds<br />
in pocket, and there must be many more whose<br />
ignorance has cost them dearly.<br />
Yours, etc.,<br />
HORACE W. NEWTE.<br />
DEAR SIR,--Is it correct to make use of your<br />
small space to ask whether some woman-member-<br />
presumably alone in life—with some means, however<br />
slender, would correspond with the writer who has<br />
in view to form a syndicate rest-house in the<br />
country? The leading idea would be to gain a sunset<br />
home for ageing writers, hoping that one or, better<br />
still, two workers in the domain of art might join,<br />
ensuring variety of interests. And in case this<br />
should succeed, a guest-room would form part of<br />
the scheme to which invalided or tired members of<br />
the Authors' Society could be invited for repose<br />
and fresh air, when unable otherwise to afford<br />
these. (Two artists or other workers joining must,<br />
of course, share the right to show hospitality in<br />
turn to their comrades.) Such a combination,<br />
with strict economy, should reduce expenses to<br />
less than a cheap cottage for one ; whilst bringing<br />
sweet air, week-end holidays and country pleasures<br />
to both men and women fellow toilers.<br />
Yours sincerely,<br />
AN OLD MEMBER.<br />
NOVEL COMPETITIONS.<br />
DEAR SIR, I have just read “ David's ” letter<br />
commenting on Mr. Arnold Bennett, and I shall be<br />
<br />
<br />
## p. (#749) ################################################<br />
<br />
ADVERTISEMENTS.<br />
TYPEWRITING, Literary & Dramatic Typewriting.<br />
"I have just comple<br />
HUBERT WALES, ESQ., of Hindhead, Surrey, writes:<br />
"I have just completed the revision of my novel ... which you<br />
typod, and I should like to thank you for the admirable way the<br />
work was done. Considering that the manuscript was sent to you<br />
without having been corrected or even read, and that my hand writing.<br />
I am told, is not always particularly legible, it is obvious that it<br />
roquired perception as well as care, something more than simple<br />
mechanical accuracy, to produce such a result-a result which, in<br />
conjunction with your moderate charges, seems to me to be the best<br />
of answers to the criticisms which have recently been directed upon<br />
the work of typists in the columns of The Author."<br />
Novels & Story work, 9d. 1,000 words ; 2 copies, 1/-,<br />
Plays, ruled and covered, 1/- 1,000 words; 2 copies, 1/4.<br />
(French and Spaoish typed.)<br />
Opinions selected from letters received during the past twelve years :-<br />
MRS. E. NESBIT BLAND (E. NESBIT): "I am extremely<br />
pleased ... It is beautiful work."<br />
MRS. TOM GODFREY: “I think you must be a treasure trove to<br />
all authors who have the good fortune to hear of you. ... You<br />
certainly evince an intimate knowledge of French."<br />
MRS. HINKSON (KATHARINE TYNAN): "I have never met with<br />
anything approaching your intelligence, carefulness and promptitude."<br />
RICHARD PRYCE, Esq. : “The work could not be better done."<br />
T IOHN L'Isle, Dimond Road, SOUTHAMPTON<br />
L. A. 01. UUNN, Bitterne Park,<br />
SIKES and SIKES,<br />
The West Kensington Typewriting Offices<br />
(Established 1893),<br />
223a, HAMMERSMITH ROAD, LONDON, W.<br />
NEAT AND CAREFUL<br />
9d. per 1,000 words, with free<br />
Carbon copy.<br />
F. J. CROS8 : "I am obliged by your cour and for the manner<br />
in which you have dealt with Empire Ms."<br />
C, A. GIRTON,<br />
2, Grove Lane, Camberwell, LONDON, 8.E.<br />
SY<br />
U<br />
LITERARY AGENCY, CRITICISING and<br />
REVISING Novels, Stories, Articles, Poetry.<br />
Chief Critic: G. F. LEATHERDALE, M.A., Oxon.<br />
TRANSLATIONS :<br />
French, German, Spanish, Italian.<br />
TYPEWRITING:<br />
Authors' MSS., Specifications, Dramatic Work.<br />
CARBON COPIES a speciality.<br />
DUPLICATING :<br />
Circulars, Notices, Specifications, etc.<br />
ULO III<br />
TYPEWRITING.<br />
SPECIAL TERMS FOR LARGE ORDERS IN ANY DEPARTMENT.<br />
The most difficult handwriting and involved copy<br />
accurately deciphered by experts.<br />
B. G. & M. E. LEATHERDALE. 128, UXBRIDGE RO..<br />
· EALING, W.<br />
(Late of Garden City, Herts.)<br />
(When applying for prospectuses please mention this Advertisement.)<br />
MISS FOWLER,<br />
Maxwell House, Arundel Street, Strand, W.C.<br />
on all subjects,<br />
including<br />
LITERARY,<br />
Educational,<br />
Commercial, Technical, Medical, Theological, etc., and<br />
for all examinations.<br />
<br />
BOO:<br />
WANTED.<br />
(By an Invalid, unable to walk.)<br />
TYPEWRITING and DUPLICATING<br />
IN ANY QUANTITY.<br />
AUTHORS' MSS. a Speciality.<br />
Second-Hand at Half-Prices. New at 25 per<br />
cent, discount,<br />
Catalogues free. State Wants. Books sent on approval ; BOOKS<br />
BOUGHT. Best Prices Given.<br />
W. & G. FOYLE,<br />
135, Charing Cross Road, London, W.C.<br />
Accuracy,<br />
Absolute Secrecy,<br />
Prompt Attention, and<br />
Satisfaction Guaranteed.<br />
Trial Order earnestly solicited.<br />
Full Price List and Testimonials on application.<br />
TYPEWRITING. Authors' MSS. copied by<br />
Experienced Operator.<br />
DUPLICATING. Attendance locally for dictation.<br />
MISS SOLLY, 378, Shirley Road, Southampton.<br />
Nothing Too Small !<br />
Nothing Too Large!<br />
MISS MORGAN'S TYPEWRITING, SHORTHAND,<br />
AND TRANSLATION OFFICES.<br />
Dunster House, Mark Lane, London, E.C.<br />
Every description of Typewriting, Authors' MSS., Sermons,<br />
&c., undertaken at from 1 Od. per 1,000 words. Special<br />
terms for large quantities or regular work.<br />
Meetings Reported on Moderate Terms. Accuracy and<br />
Promptness guaranteed.<br />
Telephone : 12137 Central.<br />
c. HERBERT CÆSAR,<br />
Homefield, Woodstock Road, St. Albans, Herts.<br />
<br />
<br />
## p. (#750) ################################################<br />
<br />
vi<br />
ADVERTISEMENTS.<br />
.<br />
Two popular Hotels in Central London.<br />
Opposite the British Museum.<br />
THACKERAY HOTEL<br />
Great Russell Street, London.<br />
Near the British Museum,<br />
WHAT OUR AUTHORS AND OTHERS ARE<br />
SAYING ABOUT OUR BOOKS.<br />
THE AUTHOR OF "THE CO-RESPONDENT " WRITES :<br />
DEAR SIRS,<br />
May 10th, 1912.<br />
We thank you for the copies of " The Co-Respondent,"<br />
received this morning. We were pleased to get them<br />
carlier than the date you named, and we like the get-up<br />
immensely.<br />
THE AUTHOR OF “CAIRN LODGE" WRITES:<br />
May 15, 1912.<br />
“ Begs to acknowledge the books sent to her, she is very<br />
pleased with the way they are got up."<br />
THE REVIEWER IN " THE MORNING LEADER" DESCRIBES<br />
"AUNT URSULA'S BEQUEST":<br />
"A little book which deserves mention for several<br />
reasons. 'Aunt Ursula's Bequest' is bound in very<br />
pleasing paper boards. It contains original new fiction<br />
about 30,000 words of it--and it costs a shilling. This is a<br />
good idea in the way of pocket volumes. It is also good<br />
intrinsically. It is a capital little tale ... excellently<br />
written in a sober, unpretentious way."<br />
KINGSLEY HOTEL<br />
Hart Street, Bloomsbury Square, London.<br />
Passenger Lifts. Bathrooms on every Floor. Lounges<br />
and Spacious Dining, Drawing, Writing, Reading, Billiard<br />
and Smoking Rooms. Fireproof Floors. Perfect Sanita.<br />
tion. Telephones. Night Porters.<br />
Bedroom, Attendance, and Table d'Hote<br />
Breakfast, single, from 5/6 to 7/6.<br />
Table d'Hote Dinner, Six Courses, 3/-.<br />
Full Tariff and Testimonials on application.<br />
Telegraphic Addresses :<br />
Thackeray Hotel—"Thackeray, London."<br />
Kingsley Hotel —"Bookcraft, London."<br />
MURRAY & EVENDEN.<br />
Pleydell House, Pleydell Street,<br />
Fleet Street, E.C.<br />
MRS. GILL'S TYPEWRITING. SHORTHAND. | AUTHORS wishing to make arrange-<br />
AND TRANSLATION OFFICE, ments for Publishing are invited to<br />
35, LUDGATE HILL, LONDON, E.C. communicate with LYNWOOD & Co.,<br />
Telephone—8464 Central.<br />
Established 1883. Ltd., Publishers, 12, Paternoster Row,<br />
Manuscripts of every description promptly and intel-<br />
London, E.C., who will be pleased<br />
ligently copied, from 1s. per 1,000 words; special success<br />
with work rendered indistinct by hasty writing and by to consider MSS. and advise (free).<br />
corrections. French and German typewriting undertaken,<br />
and typewritten translations supplied. Testimonials Please write before sending MSS.<br />
from authors, scientists, engineers, architects, barristers.<br />
Reference kindly permitted to Messrs. A. P. Watt & Son,<br />
CATALOGUE OF PUBLICATIONS<br />
Literary Agents, Hastings House, Norfolk Street, Strand,<br />
POST FREE ON APPLICATION.<br />
W.C.<br />
Neatness and accuracy, with<br />
promptness ; 7d. per 1,000;<br />
TYPEWRITING.<br />
over 20,000, 6d. Plays ruled<br />
and bound, 8d. Cheap duplicating.<br />
Authors' MSS. copied from 9d. per 1,000<br />
DRACUP, 21, Millbrook Road, BEDFORD.<br />
words; in duplicate, 1/-. Plays and General TYPEWRITING.–<br />
typed at 10d. per 1,000<br />
Copying. List and specimen of work on appli words (carbon copy free).-<br />
EXCELSIOR TYPEWRITING OFFICES,<br />
cation.<br />
20, Bucklersbury, E.C.<br />
ONE OF NUMEROUS TESTIMONIALS.<br />
TYPEWRITING & SECRETARIAL WORK.<br />
MISSES CONQUEST & BUCHANAN,<br />
but praise for the accuracy, speed and neatness with which she<br />
84, VICTORIA STREET, S.W. Telephone : No. 5537 Westminster.<br />
Recommended by Mr. G. K. Chesterton, Baron de Worms,<br />
MISS M. R. HORNE,<br />
New Address :-<br />
Many Testimonials, of which the following is a specimen : “ Many<br />
5, PADCROFT ROAD, YIEWSLEY, MIDDLESEX. ||<br />
thanks for the excellent work and the promptness with which it has<br />
been done."<br />
TVDCWDITIAN<br />
Authors' MSS. carefully<br />
Tel.: Bank 82.<br />
# Miss M. R. HORNE has typed for me literary matter to the<br />
extent of some hundreds of thousands of words. I have nothing<br />
does her work.-FRANK SAVILE."<br />
Miss Gertrude Tuckwell, Canon Swallow, Hilaire Belloc, Esq.,<br />
and Others,<br />
Printed by BRADBURY, AGNEW, & Co. LD., and Published by them for THE SOCIETY OF AUTHORS (INCORPORATED)<br />
at 10, Bouverie Street, London, E.C.<br />
<br />
<br />
## p. 1 (#751) ##############################################<br />
<br />
The Author<br />
(THE ORGAN OF THE INCORPORATED SOCIETY OF AUTHORS).<br />
SUPPLEMENT.<br />
COPYRIGHT ACT, 1911.<br />
[1 & 2 Geo. 5. CH. 46.]<br />
ARRANGEMENT OF SECTIONS.<br />
PART I.<br />
IMPERIAL COPYRIGHT.<br />
Rights.<br />
Section,<br />
1. Copyright.<br />
2. Infringement of copyright.<br />
3. Term of copyright.<br />
4. Compulsory licences.<br />
5. Ownership of copyright, &c.<br />
Civil Remedies.<br />
6. Civil remedies for infringement of copyright.<br />
7. Rights of owner against persons possessing or dealing with infringing copies, &c.<br />
8. Exemption of innocent infringer from liability to pay damages, &c.<br />
9. Restriction on remedies in the case of architecture.<br />
10. Limitation of actions.<br />
Summary Remedies.<br />
11. Penalties for dealing with infringing copies, &c.<br />
12. Appeals to quarter sessions.<br />
13. Extent of provisions as to summary remedies.<br />
Importation of Copies.<br />
14. Importation of copies.<br />
Delivery of Books to Libraries.<br />
15. Delivery of copies to British Museum and other libraries.<br />
Special Provisions as to Certain Works.<br />
16. Works of joint authors.<br />
17. Posthumous works.<br />
18. Provisions as to Government publications.<br />
19. Provisions as to mechanical instruments.<br />
20. Provision as to political speeches.<br />
21. Provisions as to photographs.<br />
22. Provisions as to designs registrable under 7 Edw. 7, c. 29.<br />
23. Works of foreign authors first published in parts of His Majesty's dominions to which<br />
* Act extends.<br />
24. Existing works.<br />
<br />
<br />
## p. 2 (#752) ##############################################<br />
<br />
( 2 )<br />
Application to British Possessions.<br />
25. Application of Act to British Dominions.<br />
26. Legislative powers of self-governing Dominions.<br />
27. Power of Legislatures of British possessions to pass supplemental legislation.<br />
28. Application to protectorates.<br />
PART II.<br />
INTERNATIONAL COPYRIGHT,<br />
29. Power to extend Act to foreign works.<br />
30. Application of Part II. to British possessions.<br />
Part III.<br />
SUPPLEMENTAL PROVISIONS.<br />
31. Abrogation of common law rights.<br />
32. Provisions as to Orders in Council.<br />
33. Saving of university copyright.<br />
34. Saving of compensation to certain libraries.<br />
35. Interpretation.<br />
36. Repeal.<br />
Short title and commencement,<br />
SCHEDULES.<br />
37. She<br />
An Act to amend and consolidate the Law relating to Copyright.<br />
[16th December, 1911.]<br />
BE it enacted by the King's most Excellent Majesty, by and with the advice and<br />
consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament<br />
assembled, and by the authority of the same, as follows :-<br />
PART 1.<br />
IMPERIAL COPYRIGHT.<br />
Rights.<br />
Copyright.<br />
1.-(1) Subject to the provisions of this Act, copyright shall subsist throughout the<br />
parts of His Majesty's dominions to which this Act extends for the term herein-after<br />
mentioned in every original literary dramatic musical and artistic work, if-<br />
(a) in the case of a published work, the work was first published within such parts<br />
of His Majesty's dominions as aforesaid ; and<br />
(6) in the case of an unpublished work, the author was at the date of the making of<br />
the work a British subject or resident within such parts of His Majesty's<br />
dominions as aforesaid ;<br />
but in no other works, except so far as the protection conferred by this Act is extended<br />
by Orders in Council thereunder relating to self-governing dominions to which this Act<br />
does not extend and to foreign countries.<br />
(2) For the purposes of this Act, “copyright” means the sole right to produce or<br />
reproduce the work or any substantial part thereof in any material form whatsoever, to<br />
perform, or in the case of a lecture to deliver, the work or any substantial part thereof in<br />
public; if the work is unpublished, to publish the work or any substantial part thereof;<br />
and shall include the sole right,-<br />
(a) to produce, reproduce, perform, or publish any translation of the work ;<br />
(6) In the case of a dramatic work, to convert it into a novel or other non-dramatic<br />
work ;<br />
<br />
<br />
## p. 3 (#753) ##############################################<br />
<br />
(c) in the case of a novel or other non-dramatic work, or of an artistic work, to<br />
convert it into a dramatic work, by way of performance in public or otherwise •<br />
(d) in the case of a literary, dramatic, or musical work, to make any record,<br />
perforated roll, cinematograph film, or other contrivance by means of which the<br />
work may be mechanically performed or delivered,<br />
and to authorise any such acts as aforesaid.<br />
. (3) For the purposes of this Act, publication, in relation to any work, means the issue<br />
of copies of the work to the public, and does not include the performance in public of a<br />
dramatic or musical work, the delivery in public of a lecture, the exhibition in public of an<br />
artistic work, or the construction of an architectural work of art, but, for the purposes of<br />
this provision, the issue of photographs and engravings of works of sculpture and archi-<br />
tectural works of art shall not be deemed to be publication of such works.<br />
2.-(1) Copyright in a work shall be deemed to be infringed by any person who, Infringement<br />
without the consent of the owner of the copyright, does anything the sole right to do which of copyright.<br />
is by this Act conferred on the owner of the copyright : Provided that the following acts<br />
shall not constitute an infringement of copyright :-<br />
(i) Any fair dealing with any work for the purposes of private study, research,<br />
criticism, review, or newspaper summary :<br />
(ii) Where the author of an artistic work is not the owner of the copyright therein,<br />
the use by the author of any mould, cast, sketch, plan, model or study made<br />
by him for the purpose of the work, provided that he does not thereby repeat<br />
or imitate the main design of that work:<br />
(iii) The making or publishing of paintings, drawings, engravings, or photographs of<br />
a work of sculpture or artistic craftsmanship, if permanently situate in a<br />
public place or building, or the making or publishing of paintings, drawings,<br />
engravings, or photographs (which are not in the nature of architectural draw-<br />
ings or plans) of any architectural work of art :<br />
(iv) The publication in a collection, mainly composed of non-copyright matter, bonâ<br />
fide intended for the use of schools, and so described in the title and in any<br />
advertisements issued by the publisher, of short passages from published literary<br />
works not themselves published for the use of schools in which copyright sub-<br />
subsists : Provided that not more than two of such passages from works by the<br />
same author are published by the same publisher within five years, and that the<br />
source from which such passages are taken is acknowledged :<br />
(v) The publication in a newspaper of a report of a lecture delivered in public,<br />
unless the report is prohibited by conspicuous written or printed notice affixed<br />
before and maintained during the lecture at or about the main entrance of the<br />
building in which the lecture is given, and, except whilst the building is being<br />
used for public worship, in a position near the lecturer ; but nothing in this<br />
paragraph shall affect the provisions in paragraph (i) as to newspaper<br />
summaries :<br />
(vi) The reading or recitation in public by one person of any reasonable extract from<br />
any published work.<br />
(2) Copyright in a work shall also be deemed to be infringed by any person who-<br />
(a) sells or lets for hire, or by way of trade exposes or offers for sale or hire; or<br />
b) distributes either for the purposes of trade or to such an extent as to affect<br />
prejudicially the owner of the copyright; or<br />
(c) by way of trade exhibits in public; or<br />
id) imports for sale or hire into any part of His Majesty's dominions to which this<br />
Act extends,<br />
any work which to his knowledge infringes copyright or would infringe copyright if it had<br />
been made within the part of His Majesty's dominions in or into which the sale or hiring,<br />
exposure, offering for sale or hire, distribution, exhibition, or importation took place.<br />
- (3) Copyright in a work shall also be deemed to be infringed by any person who for<br />
his private profit permits a theatre or other place of entertainment to be used for the per-<br />
formance in public of the work without the consent of the owner of the copyright, unless he<br />
was not aware, and had no reasonable ground for suspecting, that the performance would<br />
be an infringement of copyright,<br />
<br />
<br />
## p. 4 (#754) ##############################################<br />
<br />
(4)<br />
Term of copy-<br />
3. The term for which copyright shall subsist shall, except as otherwise expressly<br />
right.<br />
provided by this Act, be the life of the author and a period of fifty years after his death :<br />
Provided that at any time after the expiration of twenty-five years, or in the case of a<br />
work in which copyright subsists at the passing of this Act thirty years, from the death of<br />
the author of a published work, copyright in the work shall not be deemed to be infringed<br />
by the reproduction of the work for sale if the person reproducing the work proves that he<br />
has given the prescribed notice in writing of his intention to reproduce the work, and that<br />
he has paid in the prescribed manner to, or for the benefit of, the owner of the copyright<br />
royalties in respect of all copies of the work sold by him calculated at the rate of ten per<br />
cent. on the price at which he publishes the work; and, for the purposes of this proviso,<br />
the Board of Trade may make regulations prescribing the mode in which notices are to be<br />
given, and the particulars to be given in such notices, and the mode, time, and frequency<br />
of the payment of royalties, including (if they think fit) regulations requiring payment in<br />
advance or otherwise securing the payment of royalties.<br />
Compulsory 4. If at any time after the death of the author of a literary, dramatic, or musical work<br />
licences.<br />
which has been published or performed in public a complaint is made to the Judicial Com-<br />
mittee of the Privy Council that the owner of the copyright in the work has refused to<br />
republish or to allow the republication of the work or has refused to allow<br />
the performance in public of the work, and that by reason of such refusal the work<br />
is withheld from the public, the owner of the copyright may be ordered to grant a licence<br />
to reproduce the work or perform the work in public, as the case may be, on such terms<br />
and subject to such conditions as the Judicial Committee may think fit.<br />
Ownership of 5.-(1) Subject to the provisions of this Act, the author of a work shall be the first<br />
copyright, &c. owner of the copyright therein :<br />
Provided that,<br />
(a) where, in the case of an engraving, photograph, or portrait, the plate or other<br />
original was ordered by some other person and was made for valuable considera-<br />
tion in pursuance of that order, then, in the absence of any agreement to the<br />
contrary, the person by whom such plate or other original was ordered shall be<br />
the first owner of the copyright; and<br />
(6) where the author was in the employment of some other person under a contract of<br />
service or apprenticeship and the work was made in the course of his employ-<br />
ment by that person, the person by whom the author was employed shall, in the<br />
absence of any agreement to the contrary, be the first owner of the copyright,<br />
but where the work is an article or other contribution to a newspaper, magazine,<br />
or similar periodical, there shall, in the absence of any agreement to the contrary,<br />
be deemed to be reserved to the author a right to restrain the publication of the<br />
work, otherwise than as part of a newspaper, magazine, or similar periodical.<br />
(2) The owner of the copyright in any work may assign the right, either wholly or<br />
partially, and either generally or subject to limitations to the United Kingdom or any self-<br />
governing dominion or other part of His Majesty's dominions to which this Act extends,<br />
and either for the whole term of the copyright or for any part thereof, and may grant any<br />
interest in the right by licence, but no such assignment or grant shall be valid unless it is<br />
in writing signed by the owner of the right in respect of which the assignment or grant is<br />
made, or by his duly authorised agent :<br />
Provided that, where the author of a work is the first owner of the copyright therein,<br />
no assignment of the copyright, and no grant of any interest therein, made by him (other-<br />
wise than by will) after the passing of this Act, shall be operative to vest in the assignee<br />
or grantee any rights with respect to the copyright in the work beyond the expiration of<br />
twenty-five years from the death of the author, and the reversionary interest in the copy-<br />
right expectant on the termination of that period shall, on the death of the author,<br />
notwithstanding any agreement to the contrary, devolve on his legal personal representatives<br />
as part of his estate, and any agreement entered into by him as to the disposition of such<br />
reversionary interest shall be null and void, but nothing in this proviso shall be construed<br />
as applying to the assignment of the copyright in a collective work or a licence to publish<br />
a work or part of a work as part of a collective work.<br />
(3) Where, under any partial assignment of copyright, the assignee becomes entitled<br />
<br />
<br />
## p. 5 (#755) ##############################################<br />
<br />
( 5 )<br />
to any right comprised in copyright, the assignee as respects the right so assigned, and the<br />
assignor as respects the rights not assigned, shall be treated for the purposes of this Act as<br />
the owner of the copyright, and the provisions of this Act shall have effect accordingly.<br />
Civil Remedies.<br />
6.-(1) Where copyright in any work has been infringed, the owner of the copyright Civil reme-<br />
shall, except as otherwise provided by this Act, be entitled to all such remedies by way of dies for<br />
injunction or interdict, damages, accounts, and otherwise, as are or may be conferred by of<br />
infringement<br />
law for the infringement of a right.<br />
(2) The costs of all parties in any proceedings in respect of the infringement of<br />
copyright shall be in the absolute discretion of the Court.<br />
(3) In any action for infringement of copyright in any work, the work shall be<br />
presumed to be a work in which copyright subsists and the plaintiff shall be presumed<br />
to be the owner of the copyright, unless the defendant puts in issue the existence of the<br />
copyright, or, as the case may be, the title of the plaintiff, and where any such question is<br />
in issue, then-<br />
(a) if a name purporting to be that of the author of the work is printed or otherwise<br />
indicated thereon in the usual manner, the person whose name is so printed or<br />
indicated shall, unless the contrary is proved, be presumed to be the author<br />
of the work ;<br />
(6) if no name is so printed or indicated, or if the name so printed or indicated is not<br />
the author's true name or the name by which he is commonly known, and a<br />
name purporting to be that of the publisher or proprietor of the work is<br />
printed or otherwise indicated thereon in the usual manner, the person whose<br />
name is so printed or indicated shall, unless the contrary is proved, be presumed<br />
to be the owner of the copyright in the work for the purposes of proceedings in<br />
respect of the infringement of copyright therein.<br />
7. All infringing copies of any work in which copyright subsists, or of any substantial Rights of<br />
part thereof, and all plates used or intended to be used for the production of such infringing owner against<br />
copies, shall be deemed to be the property of the owner of the copyright, who accordingly persons<br />
ooonvorsin possessing or<br />
may take proceedings for the recovery of the possession thereof or in respect of the conversion<br />
thereof.<br />
infringing<br />
8. Where proceedings are taken in respect of the infringement of the copyright in copies, &c.<br />
any work and the defendant in his defence alleges that he was not aware of the existence Exemption<br />
of innocent<br />
of the copyright in the work, the plaintiff shall not be entitled to any remedy other than an<br />
all infringer from<br />
injunction or interdict in respect of the infringement if the defendant proves that at the liability to<br />
date of the infringement he was not aware and had no reasonable ground for suspecting that pay damages,<br />
copyright subsisted in the work.<br />
9.-(1) Where the construction of a building or other structure which infringes or Restriction on<br />
which, if completed, would infringe the copyright in some other work has been commenced, remedies in<br />
the owner of the copyright shall not be entitled to obtain an injunction or interdict to the case of<br />
architecture.<br />
restrain the construction of such building or structure or to order its demolition.<br />
(2) Such of the other provisions of this Act as provide that an infringing copy of a<br />
work shall be deemed to be the property of the owner of the copyright, or as impose<br />
summary penalties, shall not apply in any case to which this section applies.<br />
10. An action in respect of infringement of copyright shall not be commenced after Limitation<br />
the expiration of three years next after the infringement.<br />
of actions.<br />
&c.<br />
Summary Remedies.<br />
11.-(1) If any person knowingly-<br />
(a) makes for sale or hire any infringing copy of a work in which copyright Penalties for<br />
subsists ; or<br />
dealing with<br />
(b) sells or lets for hire, or by way of trade exposes or offers for sale or hire any<br />
any infringing<br />
infringing copy of any such work ; or<br />
(c) distributes infringing copies of any such work either for the purposes of trade<br />
or to such an extent as to affect prejudicially the owner of the copyright ; or<br />
<br />
<br />
## p. 6 (#756) ##############################################<br />
<br />
( 6<br />
)<br />
(d) by way of trade exhibits in public any infringing copy of any such work; or<br />
() imports for sale or hire into the United Kingdom any infringing copy of any."<br />
such work :<br />
he shall be guilty of an offence under this Act and be liable on summary conviction to a<br />
fine not exceeding forty shillings for every copy dealt with in contravention of this section,<br />
but not exceeding fifty pounds in respect of the same transaction ; or, in the case of a second<br />
or subsequent offence, either to such fine or to imprisonment with or without hard labour<br />
for a term not exceeding two months.<br />
(2) If any person knowingly makes or has in his possession any plate for the purpose,<br />
of making infringing copies of any work in which copyright subsists, or knowingly and<br />
for his private profit causes any such work to be performed in public without the<br />
consent of the owner of the copyright, he shall be guilty of an offence under this Act, and<br />
be liable on summary conviction to a fine not exceeding fifty pounds, or, in the case of<br />
a second or subsequent offence, either to such fine or to imprisonment with or without hard<br />
labour for a term not exceeding two months.<br />
(3) The court before which any such proceedings are taken may, whether the alleged<br />
offender is convicted or not, order that all copies of the work or all plates in the possession<br />
of the alleged offender, which appear to it to be infringing copies or plates for the purpose<br />
of making infringing copies, be destroyed or delivered up to the owner of the copyright or<br />
otherwise dealt with as the court may think fit.<br />
2 Edw. 7,<br />
(4) Nothing in this section shall, as respects musical works, affect the provisions of<br />
c. 15. the Musical (Summary Proceedings) Copyright Act, 1902, or the Musical Copyright Act,<br />
6 Edw. 7,<br />
1906.<br />
c. 36.<br />
Appeals to<br />
12. Any person aggrieved by a summary conviction of an offence under the foregoing<br />
quarter provisions of this Act may in England and Ireland appeal to a court of quarter sessions<br />
sessions. and in Scotland under and in terms of the Summary Jurisdiction (Scotland) Acts.<br />
Extent of '13. The provisions of this Act with respect to summary remedies shall extend only.to<br />
provisions as the United Kingdom.<br />
to summary<br />
remedies.<br />
Importation of Copies.<br />
Importation 14.-(1) Copies made out of the United Kingdom of any work in which copyright<br />
of copies. subsists wbich if made in the United Kingdom would infringe copyright, and as to which<br />
the owner of the copyright gives notice in writing by himself or his agent to the Com-<br />
missioners of Customs and Excise, that he is desirous that such copies should not be imported<br />
into the United Kingdom, shall not be so imported, and shall, subject to the provisions of<br />
this section, be deemed to be included in the table of prohibitions and restrictions contained<br />
39 & 40 Vict. in section forty-two of the Customs Consolidation Act, 1876, and that section shall apply<br />
c. 36.<br />
accordingly.<br />
(2) Before detaining any such copies or taking any further proceedings with a view to<br />
the forfeiture thereof under the law relating to the Customs, the Commissioners of Customs<br />
and Excise may require the regulations under this section, whether as to information, con-<br />
ditions, or other matters, to be complied with, and may satisfy themselves in accordance<br />
with those regulations that the copies are such as are probibited by this section to be<br />
imported.<br />
(3) The Commissioners of Customs and Excise may make regulations, either general or -<br />
special, respecting the detention and forfeiture of copies the importation of which is prohibited<br />
by this section, and the conditions, if any, to be fulfilled before such detention and forfeiture,<br />
and may, by such regulations, determine the information, notices, and security to be given,<br />
and the evidence requisite for any of the purposes of this section, and the mode of verification<br />
of such evidence.<br />
(4) The regulations may apply to copies of all works the importation of copies of which<br />
is prohibited by this section, or different regulations may be made respecting different<br />
classes of such works.<br />
(5) The regulations may provide for the informant reimbursing the Commissioners of<br />
Customs and Excise all expenses and damages incurred in respect of any detention made on<br />
his information, and of any proceedings consequent on such detention ; and may provide for<br />
notices under any enactment repealed by this Act being treated as notices given under this<br />
section,<br />
<br />
<br />
## p. 7 (#757) ##############################################<br />
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)<br />
7<br />
(6) The foregoing provisions of this section shall have effect as if they were part of<br />
the Customs Consolidation Act, 1876 : Provided that, notwithstanding anything in that<br />
Act, the Isle of Man shall not be treated as part of the United Kingdom for the purposes<br />
of this section.<br />
(7) This section shall, with the necessary modifications, apply to the importation into<br />
a British possession to which this Act extends of copies of works made out of that possession.<br />
Delivery of Books to Libraries.<br />
15.—(1) The publisher of every book published in the United Kingdom shall, within Delivery of<br />
one month after the publication, deliver, at his own expense, a copy of the book to the copies to<br />
trustees of the British Museum, who shall give a written receipt for it.<br />
British<br />
Museum and<br />
(2) He shall also, if written demand is made before the expiration of twelve months other<br />
after publication, deliver within one month after receipt of that written demand or, if the libraries.<br />
demand was made before publication, within one month after publication, to some depôt<br />
in London named in the demand a copy of the book for, or in accordance with the<br />
directions of, the authority having the control of each of the following libraries, namely :<br />
the Bodleian Library, Oxford, the University Library, Cambridge, the Library of the<br />
Faculty of Advocates at Edinburgh, and the Library of Trinity College, Dublin, and<br />
subject to the provisions of this section the National Library of Wales. In the case of an<br />
encyclopædia, newspaper, review, magazine, or work published in a series of numbers or<br />
parts, the written demand may include all numbers or parts of the work which may be<br />
subsequently published.<br />
(3) The copy delivered to the trustees of the British Museum shall be a copy of the<br />
whole book with all maps and illustrations belonging thereto, finished and coloured in the<br />
same manner as the best copies of the book are published, and shall be bound, sewed, or<br />
stiched together, and on the best paper on which the book is printed.<br />
(4) The copy delivered for the other authorities mentioned in this section shall be on<br />
the paper on which the largest number of copies of the book is printed for sale, and shall<br />
be in the like condition as the books prepared for sale.<br />
(5) The books of which copies are to be delivered to the National Library of Wales<br />
shall not include books of such classes as may be specified in regulations to be made by the<br />
Board of Trade.<br />
(6) If a publisher fails to comply with this section, he shall be liable on summary<br />
conviction to a fine not exceeding five pounds and the value of the book, and the fine<br />
shall be paid to the trustees or authority to whom the book ought to have been<br />
delivered.<br />
(7) For the purposes of this section, the expression “ book " includes every part or<br />
division of a book, pamphlet, sheet of letter-press, sheet of music, map, plan, chart or table<br />
separately published, but shall not include any second or subsequent edition of a book unless<br />
such edition contains additions or alterations either in the letterpress or in the maps,<br />
prints, or other erigravings belonging thereto.<br />
Special Provisions as to certain Works,<br />
16.-(1) In the case of a work of joint authorship, copyright shall subsist during the Works of<br />
life of the author who first dies and for a term of fifty years after his death, or during the joint authors.<br />
life of the author who dies last, whichever period is the longer, and references in this Act<br />
to the period after the expiration of any specified number of years from the death of the<br />
author shall be construed as references to the period after the expiration of the like number of<br />
years from the death of the author who dies first or after the death of the author who dies<br />
last, whichever period may be the shorter, and in the provisions of this Act with respect to<br />
the grant of compulsory licences a reference to the date of the death of the author who<br />
dies last shall be substituted for the reference to the date of the death of the author.<br />
(2) Where, in the case of a work of joint authorship, some one or more of the joint<br />
authors do not satisfy the conditions conferring copyright laid down by this Act, the work<br />
shall be treated for the purposes of this Act as if the other author or authors had been the<br />
sole author or authors thereof :<br />
Provided that the term of the copyright shall be the same as it would have been if all<br />
the authors had satisfied such conditions as aforesaid.<br />
<br />
<br />
## p. 8 (#758) ##############################################<br />
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(<br />
)<br />
8<br />
(3) For the purposes of this Act, “ a work of joint authorship” means a work pro-<br />
duced by the collaboration of two or more authors in which the contribution of one author<br />
is not distinct from the contribution of the other author or authors.<br />
(4) Where a married woman and her husband are joint authors of a work the interest<br />
of such married woman therein shall be her separate property.<br />
Posthumous 17.-(1) In the case of a literary dramatic or musical work, or an engraving, in which<br />
works.<br />
copyright subsists at the date of the death of the author, or, in the case of a work<br />
of joint authorship, at or immediately before the date of the death of the author who<br />
dies last, but which has not been published, nor, in the case of a dramatic or musical work,<br />
been performed in public, nor, in the case of a lecture, been delivered in public, before<br />
that date, copyright shall subsist till publication, or performance or delivery in public,<br />
whichever may first happen, and for a term of fifty years thereafter, and the proviso to<br />
section three of this Act shall, in the case of such a work, apply as if the author had died<br />
at the date of such publication or performance or delivery in public as aforesaid.<br />
(2) The ownership of an author's manuscript after his death, where such ownership<br />
has been acquired under a testamentary disposition made by the author and the manuscript<br />
is of a work which has not been published nor performed in public nor delivered in public,<br />
shall be primâ facie proof of the copyright being with the owner of the manuscript.<br />
Provisions as 18. Without prejudice to any rights or privileges of the Crown, where any work has,<br />
to Govern-<br />
whether before or after the commencement of this Act, been prepared or published by or<br />
ment pub-<br />
lications.<br />
under the direction or control of His Majesty or any Government department, the copyright<br />
in the work shall, subject to any agreement with the author, belong to His Majesty, and in<br />
such case shall continue for a period of fifty years from the date of the first publication of<br />
the work.<br />
Provisions as 19.—(1) Copyright shall subsist in records, perforated rolls, and other contrivances by<br />
to mechanical<br />
means of which sounds may be mechanically reproduced, in like manner as if such contri-<br />
instruments.<br />
vances were musical works, but the term of copyright shall be fifty years from the making<br />
of the original plate from which the contrivance was directly or indirectly derived, and the<br />
person who was the owner of such original plate at the time when such plate was made<br />
shall be deemed to be the author of the work, and, where such owner is a body corporate,<br />
the body corporate shall be deemed for the purposes of this Act to reside within the parts<br />
of His Majesty's dominions to which this Act extends if it has established a place of business<br />
within such parts.<br />
(2) It shall not be deemed to be an infringement of copyright in any musical work for<br />
any person to make within the parts of His Majesty's dominions to which this Act extends<br />
records, perforated rolls, or other contrivances by means of which the work may be<br />
mechanically performed, if such person proves-<br />
(a) that such contrivances have previously been made by, or with the consent or<br />
acquiescence of, the owner of the copyright in the work ; and .<br />
(6) that he has given the prescribed notice of his intention to make the contrivances,<br />
and has paid in the prescribed manner to, or for the benefit of, the owner of the<br />
copyright in the work royalties in respect of all such contrivances sold by him,<br />
calculated at the rate herein-after mentioned :<br />
Provided that,<br />
(i) nothing in this provision shall authorise any alterations in, or omissions from, the<br />
work reproduced, unless contrivances reproducing the work subject to similar<br />
alterations and omissions have been previously made by, or with the consent or<br />
acquiescence of, the owner of the copyright, or unless such alterations or<br />
omissions are reasonably necessary for the adaptation of the work to the<br />
contrivances in question ; and<br />
(ii) for the purposes of this provision, a musical work shall be deemed to include any<br />
words so closely associated therewith as to form part of the same work, but<br />
shall not be deemed to include a contrirance by means of which sounds may<br />
be mechanically reproduced.<br />
(3) The rate at which such royalties as aforesaid are to be calculated shall-<br />
(a) in the case of contrivances sold within two years after the commencement of this<br />
Act by the person making the same, be two and one-half per cent. ; and<br />
<br />
<br />
## p. 9 (#759) ##############################################<br />
<br />
( 9 )<br />
(6) in the case of contrivances sold as aforesaid after the expiration of that period<br />
five per cent.<br />
on the ordinary retail selling price of the contrivance calculated in the prescribed manner,<br />
so however that the royalty payable in respect of a contrivance shall, in no case, be less<br />
than a half-penny for each separate musical work in which copyright subsists reproduced<br />
thereon, and, where the royalty calculated as aforesaid includes a fraction of a farthing,<br />
such fraction shall be reckoned as a farthing :<br />
Provided that, if, at any time after the expiration of seven years from the commence-<br />
ment of this Act, it appears to the Board of Trade that such rate as aforesaid is no longer<br />
equitable, the Board of Trade may, after holding a public inquiry, make an order either<br />
decreasing or increasing that rate to such extent as under the circumstances may seein<br />
just, but any order so made shall be provisional only and shall not have any effect unless<br />
and until confirmed by Parliament; but, where an order revising the rate has been so<br />
made and confirmed, no further revision shall be made before the expiration of fourteen<br />
years from the date of the last revision.<br />
(4) If any such contrivance is made reproducing two or more different works in which<br />
copyright subsists and the owners of the copyright therein are different persons, the sums<br />
payable by way of royalties under this section shall be apportioned amongst the several<br />
owners of the copyright in such proportions as, failing agreement, may be determined by<br />
arbitration.<br />
(5) When any such contrivances by means of which a musical work may be<br />
mechanically performed have been made, then, for the purposes of this section, the owner<br />
of the copyright in the work shall, in relation to any person who makes the prescribed<br />
inquiries, be deemed to have given his consent to the making of such contrivances if he<br />
fails to reply to such inquiries within the prescribed time.<br />
(6) For the purposes of this section, the Board of Trade may make regulations<br />
prescribing anything which under this section is to be prescribed, and prescribing the<br />
mode in which notices are to be given and the particulars to be given in such notices, and<br />
the mode, time, and frequency of the payment of royalties, and any such regulations may,<br />
if the Board think fit, include regulations requiring payment in advance or otherwise<br />
securing the payment of royalties.<br />
(7) In the case of musical works published before the commencement of this Act, the<br />
foregoing provisions shall have effect, subject to the following modifications and<br />
additions :-<br />
(a) The conditions as to the previous making by, or with the consent or acquiescence<br />
of, the owner of the copyright in the work, and the restrictions as to alterations<br />
in or omissions from the work, shall not apply :<br />
(6) The rate of two and one-half per cent. shall be substituted for the rate of five<br />
per cent. as the rate at which royalties are to be calculated, but no royalties<br />
shall be payable in respect of contrivances sold before the first day of July,<br />
nineteen hundred and thirteen, if contrivances reproducing the same work had<br />
been lawfully made, or placed on sale within the parts of His Majesty's<br />
dominions to which this Act extends before the first day of July, nineteen<br />
hundred and ten :<br />
(c) Notwithstanding any assignment made before the passing of this Act of the copy-<br />
right in a musical work, any rights conferred by this Act in respect of the<br />
makiny, or authorising the making, of contrivances by means of which the<br />
work may be mechanically performed shall belong to the author or his legal<br />
personal representatives and not to the assignee, and the royalties aforesaid<br />
shall be payable to, and for the benefit of, the author of the work or his legal<br />
personal representatives :<br />
(d) The saving contained in this Act of the rights and interests arising from, or in<br />
connexion with, action taken before the commencement of this Act shall not be<br />
construed as authorising any person who has made contrivances by means of<br />
which the work may be mechanically performed to sell any such contrivances,<br />
whether made before or after the passing of this Act, except on the terms and<br />
subject to the conditions laid down in this section :<br />
@) Where the work is a work on which copyright is conferred by an Order in<br />
<br />
<br />
## p. 10 (#760) #############################################<br />
<br />
( 10 )<br />
Council relating to a foreign country, the copyright so conferred shall not,<br />
except to such extent as may be provided by the Order, include any rights with<br />
respect to the making of records, perforated rolls, or other contrivances by<br />
means of which the work may be mechanically performed.<br />
(8) Notwithstanding anything in this Act, where a record, perforated roll, or other<br />
contrivance by means of which sounds may be mechanically reproduced bas been made<br />
before the commencement of this Act, copyright shall, as from the commencement of<br />
this Act, subsist therein in like manner and for the like term as if this Act had been<br />
in force at the date of the making of the original plate from which the contrivance was<br />
directly or indirectly derived :<br />
Provided that<br />
(i) the person who, at the commencement of this Act, is the owner of such original<br />
- plate shall be the first owner of such copyright ; and<br />
(ii) nothing in this provision shall be construed as conferring copyright in any such<br />
contrivance if the making thereof would have infringed copyright in some.<br />
other such contrivance, if this provision had been in force at the time of the<br />
making of the first-mentioned contrivance.<br />
Provision as 20. Notwithstanding anything in this Act, it shall not be an infringement of copy-<br />
to political<br />
right in an address of a political nature delivered at a public meeting to publish a report<br />
speeches.<br />
thereof in a newspaper.<br />
Provisions as<br />
21. The term for which copyright shall subsist in photographs shall be fifty years<br />
to photo-<br />
graphs.<br />
from the making of the original negative from which the photograph was directly or<br />
indirectly derived, and the person who was owner of such negative at the time when<br />
such negative was made shall be deemed to be the author of the work, and, where<br />
such owner is a body corporate, the body corporate shall be deemed for the purposes<br />
of this Act to reside within the parts of His Majesty's dominions to which this Act<br />
extends if it has established a place of business within such parts.<br />
Provisions as 22.-(1) This Act shall not apply to designs capable of being registered under the<br />
to designs<br />
Patents and Designs Act, 1907, except designs which, though capable of being so<br />
registrable<br />
registered, are not used or intended to be used as models or patterns to be multiplied by<br />
under<br />
7 Edw. 7,<br />
any industrial process.<br />
(2) General rules under section eighty-six of the Patents and Designs Act, 1907, may<br />
be made for determining the conditions under which a design shall be deemed to be used<br />
for such purposes as aforesaid.<br />
Works of<br />
23. If it appears to His Majesty that a foreign country does not give, or has not<br />
foreign undertaken to give, adequate protection to the works of British authors, it shall be lawful<br />
authors first for His Maja<br />
for His Majesty by Order in Council to direct that such of the provisions of this Act as<br />
published in<br />
parts of<br />
a confer copyright on works first published within the parts of His Majesty's dominions<br />
His Majesty's to which this Act extends, shall not apply to works published after the date specified in<br />
dominions to the Order, the authors whereof are subjects or citizens of such foreign country, and are<br />
which Act<br />
not resident in His Majesty's dominions, and thereupon those provisions shall not apply<br />
extends.<br />
to such works.<br />
Existing<br />
24.-(1) Where any person is immediately before the commencement of this Act<br />
works.<br />
entitled to any such right in any work as is specified in the first column of the First<br />
Schedule to this Act, or to any interest in such a right, he shall, as from that date, be<br />
entitled to the substituted right set forth in the second column of that schedule, or to the<br />
same interest in such a substituted right, and to no other right or interest, and such<br />
substituted right shall subsist for the term for which it would have subsisted if this Act<br />
had been in force at the date when the work was made and the work had been one<br />
entitled to copyright thereunder :<br />
Provided that<br />
(a) if the author of any work in which any such right as is specified in the first<br />
column of the First Schedule to this Act subsists at the commencement of this<br />
Act has, before that date, assigned the right or granted any interest therein for<br />
the whole term of the right, then at the date when, but for the passing of this<br />
Act, the right would have expired, the substituted right conferred by this section<br />
c. 29.<br />
<br />
<br />
## p. 11 (#761) #############################################<br />
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(<br />
)<br />
11<br />
shall, in the absence of express agreement, pass to the author of the work, and<br />
any interest therein created before the commencement of this Act and then<br />
subsisting shall determine ; but the person who immediately before the date at<br />
which the right would so have expired was the owner of the right or interest<br />
shall be entitled at his option either-<br />
(i) on giving such notice as hereinafter mentioned, to an assignment of the<br />
right or the grant of a similar interest therein for the remainder of the term<br />
of the right for such consideration as, failing agreement, may be determined<br />
by arbitration ; or<br />
(ii) without any such assignment or grant, to continue to reproduce or<br />
perform the work in like manner as theretofore subject to the payment, if<br />
demanded by the author within three years after the date at which the right<br />
would have so expired, of such royalties to the author as, failing agreement,<br />
may be determined by arbitration, or, where the work is incorporated in a<br />
collective work and the owner of the right or interest is the proprietor of that<br />
collective work, without any such payment.<br />
The notice above referred to must be given not more than one year nor less<br />
than six months before the date at which the right would have so expired, and<br />
must be sent by registered post to the author, or, if he cannot with reasonable<br />
diligence be found, advertised in the London Gazette and in two London<br />
newspapers:<br />
(6) where any person has, before the twenty-sixth day of July nineteen hundred and<br />
ten, taken any action whereby he has incurred any expenditure or liability in<br />
connexion with the reproduction or performance of any work in a manner which<br />
at the time was lawful, or for the purpose of or with a view to the reproduction<br />
or performance of a work at a time when such reproduction or performance would,<br />
but for the passing of this Act, have been lawful, nothing in this section shall<br />
diminish or prejudice any rights or interest arising from or in connexion with<br />
such action which are subsisting and valuable at the said date, unless the<br />
person who by virtue of this section becomes entitled to restrain such reproduc-<br />
tion or performance agrees to pay such compensation as, failing agreement, may<br />
be determined by arbitration.<br />
(2) For the purposes of this section, the expression "author" includes the legal<br />
personal representatives of a deceased author.<br />
(3) Subject to the provisions of section nineteen subsections (ū) and (8) and of section<br />
thirty-three of this Act, copyright shall not subsist in any work made before the<br />
commencement of this Act, otherwise than under, and in accordance with, the provisions<br />
of this section.<br />
Application to British Possessions.<br />
25.-(1) *This Act, except such of the provisions thereof as are expressly restricted to Application<br />
the United Kingdom, shall extend throughout His Majesty's dominions : Provided that it of Act to<br />
shall not extend to a self-governing dominion, unless declared by the Legislature of that<br />
dominions<br />
dominion to be in force therein either without any modifications or additions, or with such<br />
modifications and additions relating exclusively to procedure and remedies, or necessary<br />
to adapt this Act to the circumstances of the dominion, as may be enacted by such<br />
Legislature.<br />
(2) If the Secretary of State certifies by notice published in the London Gazette that<br />
any self-governing dominion has passed legislation under which works, the authors whereof<br />
were at the date of the making of the works British subjects resident elsewhere than in<br />
the dominion or (not being British subjects) were resident in the parts of His Majesty's<br />
dominions to which this Act extends, enjoy within the dominion rights substantially<br />
identical with those conferred by this Act, then, whilst such legislation continues in force,<br />
the dominion shall, for the purposes of the rights conferred by this Act, be treated as if<br />
it were a dominion to which this Act extends ; and it shall be lawful for the Secretary of<br />
State to give such a certificate as aforesaid, notwithstanding that the remedies for<br />
enforcing the rights, or the restrictions on the importation of copies of works, manu-<br />
factured in a foreign country, under the law of the dominion, differ from those under<br />
this Act,<br />
British<br />
<br />
<br />
## p. 12 (#762) #############################################<br />
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)<br />
12<br />
Legislative<br />
powers of<br />
self-govern-<br />
ing<br />
dominions.<br />
26.-(1) The Legislature of any self-governing dominion may, at any time, repeal<br />
all or any of the enactments relating to copyright passed by Parliament (including this<br />
Act) so far as they are operative within that dominion : Provided that no such repeal shall<br />
prejudicially affect any legal rights existing at the time of the repeal, and that, on this Act<br />
or any part thereof being so repealed by the Legislature of a self-governing dominion, that<br />
dominion shall cease to be a dominion to which this Act extends.<br />
(2) In any self-governing dominion to which this Act does not extend, the enactments<br />
repealed by this Act shall, so far as they are operative in that dominion, continue in force<br />
until repealed by the Legislature of that dominion.<br />
(3) Where His Majesty in Council is satisfied that the law of a self-governing<br />
dominion to which this Act does not extend provides adequate protection within the<br />
dominion for the works (whether published or unpublished) of authors who at the time of<br />
the making of the work were British subjects resident elsewhere than in that dominion,<br />
His Majesty in Council may, for the purpose of giving reciprocal protection, direct that<br />
this Act, except such parts (if any) thereof as may be specified in the Order, and subject<br />
to any conditions contained therein, shall, within the parts of His Majesty's dominions to<br />
which this Act extends, apply to works the authors whereof were, at the time of the making<br />
of the work, resident within the first-mentioned dominion, and to works first published in<br />
that dominion ; but save as provided by such an Order, works the authors whereof were<br />
resident in a dominion to which this Act does not extend shall not, whether they are<br />
British subjects or not, be entitled to any protection under this Act except such protection<br />
as is by this Act conferred on works first published within the parts of His Majesty's<br />
dominions to which this Act extends :<br />
Provided that no such Order shall confer any rights within a self-governing dominion,<br />
but the Governor in Council of any self-governing dominion to which this Act extends,<br />
may, by Order, confer within that dominion the like rights as His Majesty in Council is,<br />
under the foregoing provisions of this subsection, authorised to confer within other parts<br />
of His Majesty's dominions.<br />
For the purposes of this subsection, the expression “a dominion to which this Act<br />
extends” includes a dominion which is for the purposes of this Act to be treated as if it<br />
were a dominion to which this Act extends.<br />
27. The Legislature of any British possession to which this Act extends may modify<br />
or add to any of the provisions of this Act in its application to the possession, but except<br />
so far as such modifications and additions relate to procedure and remedies, they shall<br />
apply only to works the authors whereof were at the time of the making of the work,<br />
resident in the possession, and to works first published in the possession.<br />
28. His Majesty may, by Order in Council, extend this Act to any territories under<br />
his protection and to Cyprus, and, on the making of any such Order, this Act shall, subject<br />
to the provisions of the Order, have effect as if the territories to which it applies or Cyprus<br />
were part of His Majesty's dominions to which this Act extends.<br />
Power of<br />
Legislatures<br />
of British<br />
possessions<br />
to pass sup.<br />
plemental<br />
legislation.<br />
Application<br />
to protec-<br />
torates.<br />
PART II.<br />
INTERNATIONAL COPYRIGHT.<br />
Power to<br />
extend Act<br />
to foreign<br />
works.<br />
29.-(1) His Majesty may, by Order in Council, direct that this Act (except such<br />
parts, if any, thereof as may be specified in the order) shall apply-<br />
(a) to works first published in a foreign country to which the Order relates, in<br />
like manner as if they were first published within the parts of His Majesty's<br />
dominions to which this Act extends;<br />
to literary, dramatic, musical, and artistic works, or any class thereof, the authors<br />
whereof were at the time of the making of the work subjects or citizens of<br />
a foreign country to which the Order relates, in like manner as if the authors<br />
were British subjects;<br />
(c) in respect of residence in a foreign country to which the Order relates, in like<br />
manner as if such residence were residence in the parts of His Majesty's<br />
dominions to which this Act extends;<br />
<br />
<br />
## p. 13 (#763) #############################################<br />
<br />
( 13 )<br />
and thereupon, subject to the provisions of this part of this Act and of the Order, this<br />
Act shall apply accordingly :<br />
Provided that,<br />
(i) before making an Order in Council under this section in respect of any<br />
foreign country (other than a country with which His Majesty has entered<br />
into a convention relating to copyright), His Majesty shall be satisfied<br />
that that foreign country has made, or has undertaken to make, such<br />
provisions, if any, as it appears to His Majesty expedient to require for the<br />
protection of works entitled to copyright under the provisions of Part I<br />
of this Act;<br />
(ii) the Order in Council may provide that the term of copyright within such<br />
parts of His Majesty's dominions as aforesaid shall not exceed that conferred<br />
by the law of the country to which the order relates ;<br />
(iii) the provisions of this Act as to the delivery of copies of books shall not<br />
apply to works first published in such country, except so far as is provided<br />
by the Order;<br />
(iv) the Order in Council may provide that the enjoyment of the rights conferred<br />
by this Act shall be subject to the accomplishment of such conditions<br />
and formalities (if any) as may be prescribed by the Order ;<br />
in applying the provision of this Act as to ownership of copyright, the Order<br />
in Council may make such modifications as appear necessary having<br />
regard to the law of the foreign country;<br />
(vi) in applying the provisions of this Act as to existing works, the Order in<br />
Council may make such modifications as appear necessary, and may provide<br />
that nothing in those provisions as so applied shall be construed as reviving<br />
any right of preventing the production or importation of any translation 498.5<br />
in any case where the right has ceased by virtue of section five of the c. 33.<br />
International Copyright Act, 1886.<br />
(2) An Order in Council under this section may extend to all the several countries<br />
named or described therein. .<br />
30.-(1) An Order in Council under this part of this Act shall apply to all His Application<br />
• Majesty's dominions to which this Act extends ex pt self-governing dominions and any of Part 11. to<br />
other possession specified in the order with respect to which it appears to His Majesty<br />
✓ British<br />
o possessions.<br />
expedient that the Order should not apply.<br />
(2) The Governor in Council of any self-governing dominion to wbich this Act<br />
extends may, as respects that dominion, make the like orders as under this part of this Act<br />
His Majesty in Council is authorised to make with respect to His Majesty's dominions<br />
other than self-governing dominions, and the provisions of this part of this Act shall,<br />
with the necessary modifications, apply accordingly.<br />
(3) Where it appears to His Majesty expedient to except from the provisions of any<br />
order any part of his dominions not being a self-governing dominion, it shall be lawful for<br />
His Majesty by the same or any other Order in Council to declare that such order and<br />
this Part of this Act shall not, and the same shall not, apply to such part, except so far as<br />
is necessary for preventing any prejudice to any rights acquired previously to the date of such<br />
Order.<br />
PART III,<br />
SUPPLEMENTAL PROVISIONS.<br />
31. No person shall be entitled to copyright or any similar right in any literary, Abrogation<br />
dramatic, musical, or artistic work, whether published or unpublished, otherwise than of common<br />
under and in accordance with the provisions of this Act, or of any other statutory enact- law<br />
ment for the time being in force, but nothing in this section shall be construed as<br />
abrogating any right or jurisdiction to restrain a breach of trust or confidence.<br />
32.-(1) His Majesty in Council may make Orders for altering, revoking, or varying Provisions as<br />
any Order in Council made under this Act, or under any enactments repealed by this Act, to Orders in<br />
but any Order made under this section shall not affect prejudicially any rights or interests Council.<br />
<br />
<br />
## p. 14 (#764) #############################################<br />
<br />
(<br />
)<br />
14<br />
tion.<br />
acquired or accrued at the date when the Order comes into operation, and shall provide<br />
for the protection of such rights and interests.<br />
(2) Every Order in Council made under this Act shall be published in the London<br />
Gazette and shall be laid before both Houses of Parliament as soon as may be after it is<br />
made, and shall have effect as if enacted in this Act.<br />
faring of<br />
33. Nothing in this Act shall deprive any of the universities and colleges mentioned<br />
university in the Copyright Act, 1775, of any copyright they already possess under that Act, but the<br />
copyright.<br />
remedies and penalties for infringement of any such copyright shall be under this Act and<br />
15 Geo. 3,<br />
c. 53.<br />
not under that Act.<br />
Saving of<br />
34. There shall continue to be charged on, and paid out of, the Consolidated Fund<br />
compensation of the United Kingdom such annual compensation as was immediately before the com-<br />
to certain mencement of this Act payable in pursuance of any Act as compensation to a library for<br />
libraries.<br />
the loss of the right to receive gratuitous copies of books :<br />
Provided that this compensation shall not be paid to a library in any year, unless the<br />
Treasury are satisfied that the compensation for the previous year has been applied in the<br />
purchase of books for the use of and to be preserved in the library.<br />
Interpreta-<br />
35.—(1) In this Act, unless the context otherwise requires,—<br />
* Literary work" includes maps, charts, plans, tables, and compilations ;<br />
“ Dramatic work” includes any piece for recitation, choreographic work or entertain-<br />
ment in dumb show, the scenic arrangement or acting form of which is fixed in<br />
writing or otherwise, and any cinematograph production where the arrangement or<br />
acting form or the combination of incidents represented give the work an original<br />
character;<br />
“Artistic work” includes works of painting, drawing, sculpture, and artistic crafts-<br />
manship, and architectural works of art and engravings and photographs ;<br />
“Work of sculpture " includes casts and models;<br />
“ Architectural work of art” means any building or structure having an artistic<br />
character or design, in respect of such character or design, or any model for such<br />
building or structure, provided that the protection afforded by this Act shall be<br />
confined to the artistic character and design, and shall not extend to processes or<br />
methods of construction :<br />
“ Engravings” include etchings, lithographs, wood-cuts, prints, and other similar<br />
works, not being photographs ;<br />
“ Photograph” includes photo-lithograph and any work produced by any process<br />
analogous to photography;<br />
“ Cinematograph” includes any work produced by any process analogous to<br />
cinematography;<br />
* Collective work” means-<br />
(a) an encyclopædia, dictionary, year book, or similar work;<br />
(6) a newspaper, review, magazine, or similar periodical; and<br />
(c) any work written in distinct parts by different authors, or in which works or<br />
parts of works of different authors are incorporated;<br />
* Infringing," when applied to a copy of a work in which copyright subsists, means<br />
any copy, including any colourable imitation, made or imported in contravention<br />
of the provisions of this Act;<br />
* Performance” means any acoustic representation of a work and any visual repre-<br />
sentation of any dramatic action in a work, including such a representation made<br />
by means of any mechanical instrument;<br />
* Delivery,” in relation to a lecture, includes delivery by means of any mechanical<br />
instrument;<br />
“ Plate” includes any stereotype or other plate, stone, block, mould, matrix, transfer,<br />
or negative used or intended to be used for printing or reproducing copies of any work,<br />
and any matrix or other appliance by which records, perforated rolls or other con-<br />
trivances for the acoustic representation of the work are or are intended to be made;<br />
“Lecture" includes address, speech, and sermon ;<br />
* Self-governing dominion" means the Dominion of Canada, the Commonwealth of<br />
Australia, the Dominion of New Zealand, the Union of South Africa, and<br />
Newfoundland.<br />
<br />
<br />
## p. 15 (#765) #############################################<br />
<br />
( 15<br />
)<br />
(2) For the purposes of this Act (other than those relating to infringements of copy-<br />
right), a work shall not be deemed to be published or performed in public, and a lecture<br />
shall not be deemed to be delivered in public, if published, performed in public, or<br />
delivered in public, without the consent or acquiescence of the author, his executors<br />
administrators or assigns.<br />
(3) For the purposes of this Act, a work shall be deemed to be first published within<br />
the parts of His Majesty's dominions to which this Act extends, notwithstanding that it has<br />
been published simultaneously in some other place, unless the publication in such parts of<br />
His Majesty's dominions as aforesaid is colourable only and is not intended to satisfy the<br />
reasonable requirements of the public, and a work shall be deemed to be published<br />
simultaneously in two places if the time between the publication in one such place and the<br />
publication in the other place does not exceed fourteen days, or such longer period as may,<br />
for the time being, be fixed by Order in Council.<br />
(4) Where, in the case of an unpublished work, the making of a work has extended<br />
over a considerable period, the conditions of this Act conferring copyright shall be deemed<br />
to have been complied with, if the author was, during any substantial part of that period,<br />
a British subject or a resident within the parts of His Majesty's dominions to which this<br />
Act extends.<br />
(5) For the purposes of the provisions of this Act as to residence, an author of a work<br />
shall be deemed to be a resident in the parts of His Majesty's dominions to which this Act<br />
extends if he is domiciled within any such part.<br />
36. Subject to the provisions of this Act, the enactments mentioned in the Second Repeal.<br />
Schedule to this Act are hereby repealed to the extent specified in the third column of that<br />
schedule :<br />
Provided that this repeal shall not take effect in any part of His Majesty's dominions<br />
until this Act comes into operation in that part.<br />
· 37.-(1) This Act may be cited as the Copyright Act, 1911.<br />
Short title<br />
(2) This Act shall come into operation-<br />
and com-<br />
(a) in the United Kingdom, on the first day of July nineteen hundred and twelve or mencement.<br />
such earlier date as may be fixed by Order in Council ;<br />
(6) in a self-governing dominion to which this Act extends, at such date as may be<br />
fixed by the Legislature of that dominion;<br />
(c) in the Channel Islands, at such date as may be fixed by the States of those<br />
islands respectively;<br />
(d) in any other British possession to which this Act extends, on the proclamation<br />
thereof within the possession by the Governor.<br />
<br />
<br />
## p. 16 (#766) #############################################<br />
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)<br />
16<br />
SCHEDULES.<br />
Section 24.<br />
FIRST SCHEDULE.<br />
EXISTING RIGHTS.<br />
Existing Right.<br />
Substituted Right,<br />
(a) In the case of Works other than Dramatic and Musical Works.<br />
Copyright.<br />
| Copyright as defined by this Act.*<br />
(6) In the case of Musical and Dramatic Works.<br />
Both copyright and performing right<br />
Copyright, but not performing right<br />
. Copyright as defined by this Act.*<br />
. Copyright as defined by this Act, except the sole<br />
right to perform the work or any substantial part<br />
thereof in public.<br />
| The sole right to perform the work in public, but<br />
none of the other rights comprised in copyright<br />
as defined by this Act.<br />
Performing right, but not copyright<br />
For the purposes of this Schedule the following expressions, where used in the first column<br />
thereof, have the following meanings :-<br />
“ Copyright,” in the case of a work which according to the law in force immediately before<br />
the commencement of this Act has not been published before that date and statutory<br />
copyright wherein depends on publication, includes the right at common law (if any)<br />
to restrain publication or other dealing with the work;<br />
“Perforining right," in the case of a work which has not been performed in public before<br />
the commencement of this Act, includes the right at common law (if any) to restrain<br />
the performance thereof in public.<br />
* In the case of an essay, article, or portion forming part of and first published in a review,<br />
magazine, or other periodical or work of a like nature, the right shall be subject to any right of<br />
publishing the essay, article, or portion in a separate form to which the author is entitled at the<br />
commencement of this Act, or would, if this Act had not been passed, have become entitled<br />
under section eighteen of the Copyright Act, 1842.<br />
<br />
<br />
## p. 17 (#767) #############################################<br />
<br />
( 17 )<br />
SECOND SCHEDULE.<br />
Section 36.<br />
ENACTMENTS REPEALED.<br />
Session and Chapter.<br />
Short Title.<br />
Extent of Repeal.<br />
8 Geo. 2, c. 13 The Engraving Copyright Act, 1734. The whole Act.<br />
7 Geo. 3, c. 38 The Engraving Copyright Act, 1767. The whole Act.<br />
15 Geo. 3, c. 53 The Copyright Act, 1775 . .<br />
The whole Act.<br />
17 Geo. 3, c. 57 The Prints Copyright Act, 1777<br />
The whole Act.<br />
54 Geo. 3, c. 56 The Sculpture Copyright Act, 1814 . . The whole Act.<br />
3 & 4 Will. 4, The Dramatic Copyright Act, 1833. . The whole Act.<br />
c. 15.<br />
5 & 6 Will. 4, The Lectures Copyright Act, 1835. . The whole Act.<br />
c. 65.<br />
6 & 7 Will. 4, | The Prints and Engravings Copyright The whole Act.<br />
C. 59.<br />
(Ireland) Act, 1836.<br />
6 & 7 Will. 4, The Copyright Act, 1836 . . . . The whole Act.<br />
c. 110.<br />
5 & 6 Vict. The Copyright Act, 1842 . . . . The whole Act.<br />
c. 45.<br />
7 & 8 Vict. The International Copyright Act, 1844 . The whole Act.<br />
c. 12.<br />
10 & 11 Vict. The Colonial Copyright Act, 1847 . :) The whole Act.<br />
c. 95.<br />
15 & 16 Vict. The International Copyright Act, 1852 . The whole Act.<br />
c. 12.<br />
25 & 26 Vict. The Fine Arts Copyright Act, 1862 . . Sections one to six. In section<br />
C. 68.<br />
eight the words "and pursuant<br />
“to any Act for the protection<br />
“of copyright engravings,"<br />
and “and in any such Act as<br />
“aforesaid.” Sections nine to<br />
twelve.<br />
38 & 39 Vict. The International Copyright Act, 1875 . The whole Act.<br />
c. 12.<br />
39 & 40 Vict. The Customs Consolidation Act, 1876 . Section forty-two, from “ Books<br />
c. 36.<br />
“wherein " to " such copy-<br />
“ right will expire.” Sections<br />
forty-four, forty-five, and one<br />
hundred and fifty-two.<br />
4. & 46 Vict. The Copyright (Musical Compositions) The whole Act.<br />
c. 40.<br />
Act, 1882.<br />
49 & 50 Vict. The International Copyright Act, 1886 . The whole Act.<br />
c. 33.<br />
51 & 52 Vict. The Copyright (Musical Compositions) The whole Act.<br />
c. 17.<br />
Act, 1888.<br />
52 & 53 Vict. The Revenue Act, 1889 . . . . Section one, from “ Books first<br />
c. 42.<br />
"published” to “as provided<br />
“in that section."<br />
6 Edw. 7, c. 36 The Musical Copyright Act, 1906 . . In section three the words “and<br />
“which has been registered<br />
“in accordance with the pro-<br />
“visions of the Copyright Act,<br />
“ 1812, or of the International<br />
“ Copyright Act, 1844, which<br />
“ registration may be effected<br />
“notwithstanding anything in<br />
“the International Copyright<br />
“ Act, 1886."<br />
A.S.<br />
<br />
<br />
## p. (#768) ################################################<br />
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<br />
## p. 1 (#769) ##############################################<br />
<br />
STATUTORY RULES AND ORDERS, 1912.—No. 532.<br />
COPYRIGHT,<br />
THE COPYRIGHT ROYALTY SYSTEM (GENERAL) REGULATIONS, 1912.<br />
DATED JUNE 7, 1912.<br />
The Board of Trade, in pursuance of the powers<br />
conferred by Section 3 of the Copyright Act, 1911,<br />
hereby make the following regulations :-<br />
PRELIMINARY.<br />
(1.) These Regulations may be cited as the Copy-<br />
right Royalty System (General) Regulations, 1912,<br />
and shall come into operation on the 1st day of<br />
July, 1912.<br />
NOTICE.<br />
(2.) The notice required by Section 3 of the<br />
Copyright Act, 1911, shall contain the following<br />
particulars :-<br />
(a.) The name and address of the person<br />
intending to reproduce the work;<br />
(6.) the name of the work which it is intended<br />
to reproduce and (if necessary) a descrip-<br />
tion sufficient to identify it;<br />
(c.) the manner in which it is intended to<br />
reproduce the work (e.g., whether by<br />
printing, lithography, photography, &c.);<br />
(d.) the price or prices at which it is intended<br />
to publish the work ;<br />
(e.) the earliest date at which any of the copies<br />
will be delivered to a purchaser.<br />
(3.) The notice shall, not less than one month<br />
before any copies of the work are delivered to a<br />
purchaser, be sent by registered post or published by<br />
advertisement as follows :-<br />
(a.) If the name and an address within the<br />
United Kingdom of the owner of the<br />
copyright, or his agent for the receipt of<br />
notice, are known or can with reason-<br />
able diligence be ascertained, the notice<br />
shall be sent to such owner or agent at<br />
such address;<br />
(6.) if such name and address are not known<br />
and cannot with reasonable diligence<br />
be ascertained the notice shall be<br />
advertised in the London Gazette ; the<br />
advertisement in the London Gazette<br />
shall give the particulars required by<br />
paragraphs (a.) and (b.) of Regulation (2.),<br />
and shall also state an address from<br />
which a copy of the notice described in<br />
Regulation (2.) may be obtained.<br />
PAYMENT OF ROYALTIES.<br />
(4.)–(a.) Unless otherwise agreed royalties shall<br />
be payable by means of adhesive labels purchased<br />
from the owner of the copyright and affixed to the<br />
copies of the work.<br />
After the person reproducing the work has given<br />
the prescribed notice of his intention to reproduce<br />
the work the owner of the copyright shall by<br />
writing sent by registered post intimate to him<br />
some reasonably convenient place within the United<br />
Kingdom from which adhesive labels can be<br />
obtained and on demand in writing and tender of<br />
the price shall supply from such place adhesive<br />
labels of the required denominations at a price equal<br />
to the amount of royalty represented thereby.<br />
Subject to these regulations, no copy of the work<br />
shall be delivered to a purchaser until such label or<br />
labels denoting the amount of royalty have been<br />
affixed thereto.<br />
(6.) In cases when royalties are payable by<br />
means of adhesive labels if at any time labels of the<br />
required denomination are not available either<br />
because<br />
(i.) after the expiration of fourteen days from<br />
the date of the prescribed notice the<br />
owner of the copyright has not duly sent<br />
to the person reproducing the work an<br />
intimation of some reasonably convenient<br />
place within the United Kingdom from<br />
which such labels can be obtained ; or<br />
(ii.) the owner of the copyright refuses or<br />
neglects to supply such labels within<br />
fourteen days after demand duly made,<br />
copies of the work may be delivered to purchasers<br />
without having labels affixed thereto ; and the<br />
amount of royalties shall be a debt due from the<br />
person reproducing the work to the owner of the<br />
<br />
<br />
## p. 2 (#770) ##############################################<br />
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)<br />
2<br />
copyright, and the person reproducing the work shall the design to be entirely enclosed within a circle<br />
keep an account of all such copies sold by bim. and the side of the label not to be greater than<br />
(c.) For the purposes of this regulation “the i inch in length. The label shall not bear the<br />
date of the prescribed notice ” means-<br />
effigy of the Sovereign or any other person, nor any<br />
(i.) in cases when the notice is required to be word mark or design such as to suggest that the<br />
sent by registered post, the date when label is issued by or under the authority of the<br />
the notice would in ordinary course of Government for the purpose of denoting any duty<br />
post be delivered ;<br />
payable to the Government.<br />
in cases when the notice is required to be<br />
advertised in the London Gazette, the<br />
INTERPRETATION.<br />
date of such advertisement.<br />
(d.) Where royalties are by agreement payable in<br />
(6.) In these Regulations the expression “ owner<br />
any other mode than by means of adhesive labels<br />
labels of the copyright” has the same meaning as in<br />
the time and frequency of the payment shall be<br />
Section 3 of the Copyright Act, 1911.<br />
such as are specified in the agreement.<br />
Dated this 7th day of June, 1912.<br />
(e.) The adhesive label supplied as aforesaid<br />
H. LLEWELLYN SMITH,<br />
shall be an adhesive paper label, square in shape,<br />
Secretary to the Board of Trade.<br />
(ii.)<br />
STATUTORY RULES AND ORDERS, 1912.—No. 533.<br />
COPYRIGHT.<br />
THE COPYRIGHT ROYALTY SYSTEM (MECHANICAL MUSICAL INSTRUMENTS)<br />
REGULATIONS, 1912. DATED JUNE 7, 1912.<br />
The Board of Trade, in pursuance of the powers<br />
conferred by Section 19 (6) of the Copyright Act,<br />
1911, hereby make the following regulations :<br />
PRELIMINARY.<br />
(1.) These Regulations may be cited as the Copy-<br />
right Royalty System (Mechanical Musical Instru-<br />
ments) Regulations, 1912, and shall 'come into<br />
operation on the 1st day of July, 1912.<br />
NOTICE.<br />
(2.) The notice required by Section 19 (2) of the<br />
Copyright Act, 1911, sball contain the following<br />
particulars :<br />
(a.) The name and address of the person<br />
intending to make the contrivances ;<br />
(b.) the name of the musical work which it is<br />
intended to reproduce and of the author<br />
(if known); aud (if necessary) a descrip-<br />
tion sufficient to identify the musical<br />
work ;<br />
(c.) the class of contrivance on which it is<br />
intended to reproduce the musical work<br />
(e.g., whether discs, cylinders or music<br />
rolls) ;<br />
(d.) the ordinary retail selling prices of the<br />
contrivances, and the amount of the<br />
royalty payable on each contrivance in<br />
respect of the musical work;<br />
(e.) the earliest date at which any of the<br />
contrivances will be delivered to a<br />
purchaser ;<br />
(f.) whether any other work is to be repro-<br />
duced on the same contrivance with the<br />
musical work specified in accordance<br />
with paragraph (b.).<br />
(3.) The notice shall, not less than 10 days<br />
before any contrivances on which the musical work<br />
is reproduced are delivered to a purchaser, be sent<br />
by registered post or published by advertisement as<br />
follows :-<br />
(a.) If the name and an address within the<br />
United Kingdom of the owner of the<br />
copyright, or his agent for the receipt of<br />
notice, are known or can with reasonable<br />
diligence be ascertained, the notice shall<br />
be sent to such owner or agent at such<br />
address ;<br />
<br />
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## p. 3 (#771) ##############################################<br />
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)<br />
3<br />
(6.) if such name and address are not known making the contrivances to the owner of the copy-<br />
and cannot with reasonable diligence be right and the person making the contrivances shall<br />
ascertained, the notice shall be advertised keep an account of all such contrivances sold by<br />
in the London Gazette; the advertise him.<br />
ment in the London Gazette shall give (c.) For the purposes of this Regulation “ the<br />
the particulars required by paragraphs date of the prescribed notice" means<br />
(a.) and (b.) of Regulation (2.), and shall (i.) in cases where the notice is required to be<br />
also state an address from which a copy<br />
sent by registered post, the date when<br />
of the notice described in Regulation (2.)<br />
the notice would in ordinary course of<br />
may be obtained. Any number of<br />
post be delivered ;<br />
musical works may be included in the (ii.) in cases where the notice is required to<br />
same advertisement.<br />
be advertised in the London Gazette, the<br />
The notice may be given either before<br />
date of such advertisement.<br />
or after the 1st day of July, 1912.<br />
(d.) in cases where royalties are payable on con-<br />
trivances made before the commencement of the<br />
PAYMENT OF ROYALTIES.<br />
Copyright Act, 1911, the person making such con-<br />
(4.)—(a.) Unless otherwise agreed, royalties shall<br />
trivances may give notice of his intention to sell<br />
be payable by means of adhesive labels purchased<br />
them, containing mutatis mutandis the same par-<br />
from the owner of the copyright and affixed in the ticulars and given in the same manner as is pre-<br />
manner provided by these Regulations.<br />
scribed by these Regulations in the case of the<br />
After the person making the contrivances has notice required by Section 19 (2) of the Copyright<br />
given the prescribed notice of his intention to make Act, 1911.<br />
or sell the contrivances, the owner of the copyright (e.) Where royalties are by agreement payable in<br />
shall by writing sent by registered post intimate to any other mode than by means of adhesive labels,<br />
bim some reasonably convenient place within the the time and frequency of the payment shall be<br />
United Kingdom from which adhesive labels can such as are specified in the agreement.<br />
be obtained and on demand in writing and tender (1) The adhesive label supplied as aforesaid<br />
of the price shall supply from such place adhesive<br />
shall be an adhesive paper label, square in shape,<br />
labels of the required denominations at a price<br />
the design to be entirely enclosed within a circle<br />
equal to the amount of royalty represented thereby.<br />
reby and the side of the label not to be greater than<br />
and the side of the<br />
Subject to these Regulations no contrivance shall<br />
inch in length. The label shall not bear the<br />
be delivered to a purchaser until such label or effigy of the Sovereign or any other person, nor<br />
labels denoting the amount of royalty have been<br />
any word, mark, or design such as to suggest that<br />
affixed thereto, or in the case of cylinders, to which<br />
the label is issued by or under the authority of the<br />
it is not reasonably practicable to affix the labels,<br />
Government for the purpose of denoting any duty<br />
until such label or labels have been affixed to a payable to the Government.<br />
carton or box enclosing the cylinder.<br />
(b.) In cases where royalties are payable by<br />
ORDINARY RETAIL SELLING PRICE.<br />
means of adhesive labels if at any time labels of<br />
the required denominations are not available either (5.) The ordinary retail selling price of any con-<br />
because<br />
trivance shall be calculated at the marked or<br />
(i.) after the expiration of five days from the catalogued selling price of single copies to the<br />
date of the prescribed notice of the public, or, if there is no such marked or catalogued<br />
intention of the person making the con- selling price, at the highest price at which single<br />
trivances to make or sell such contri. copies are ordinarily sold to the public.<br />
vances the owner of the copyright has<br />
not duly sent to the person making the<br />
INQUIRIES<br />
contrivances an intimation of some<br />
reasonably convenient place within the (6.) The inquiries referred to in Section 19 (5)<br />
United Kingdom from which such labels of the Copyright Act, 1911, shall be directed to the<br />
can be obtained ; or<br />
owner of the copyright by name or (if his name is<br />
(ii.) the owner of the copyright refuses or not known and cannot with reasonable diligence be<br />
neglects to supply such labels within ascertained) in general terms to “the owner of the<br />
three days after demand duly made, copyright " of the musical work in respect of which<br />
contrivances may be delivered to purchasers the inquiries are made, and shall contain-<br />
without having labels affixed thereto or to the (a.) a statement of the name of the musical<br />
carton or box enclosing the same ; and the amount<br />
work in respect of which the inquiries<br />
of royalties shall be a debt due from the person<br />
are made and of the author (if known),<br />
<br />
<br />
## p. 4 (#772) ##############################################<br />
<br />
( 4 )<br />
and (if necessary) a description sufficient<br />
to identify it;<br />
(6.) a statement of the name, address and<br />
occupation of the person making the<br />
inquiries ;<br />
(c.) an allegation that a contrivance has<br />
previously been made by means of which<br />
the musical work may be mechanically<br />
performed, with the trade name (if<br />
known) and a description of such<br />
contrivance ;<br />
(d.) an inquiry whether the contrivance so<br />
described was made with the consent or<br />
acquiescence of the owner of the copy-<br />
right.<br />
(7.) The inquiries shall be sent by registered<br />
post or published by advertisement as follows ;-<br />
(a.) if an address within the United Kingdom<br />
of the owner of the copyright is known<br />
or can with reasonable diligence be<br />
ascertained the inquiries shall be sent to<br />
such address ; or<br />
(6.) if such address is not known and cannot<br />
with reasonable diligence be ascertained<br />
the inquiries shall be advertised in the<br />
London Gazette.<br />
(8.) The prescribed time for reply to such<br />
inquiries shall be :-<br />
(a.) in cases where the inquiries are required<br />
to be sent by registered post seven days<br />
after the date when the inquiries would<br />
in ordinary course of post be delivered ;<br />
(6.) in cases where the inquiries are required to<br />
be advertised in the London Gazette seven<br />
days after the date of such advertise-<br />
ment.<br />
INTERPRETATION.<br />
(9.) In these Regulations the expression “ owner<br />
of the copyright” has the same meaning as in<br />
Section 19 (2) of the Copyright Act, 1911.<br />
Dated this 7th day of June, 1912.<br />
H. LLEWELLYN SMITH,<br />
Secretary to the Board of Trade | https://historysoa.com/files/original/5/435/1912-07-01-The-Author-22-10.pdf | publications, The Author |