1
20
57
-
https://historysoa.com/files/original/4/220/1892-Lely-Copyright-Law-Reform.png
5339dff9fe3da54c444338999d438f62
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Society of Authors Publications
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publications
Publication
Date
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1891
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Eyre and Spottiswoode
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London
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Lely, J. M. <em>Copyright Law Reform: An Exposition of Lord Monkswell's Copyright Bill</em>. London: Eyre and Spottiswoode, 1891. <a href="https://archive.org/details/copyrightlawref00lelygoog/page/n8/mode/2up" target="_blank" rel="noopener">https://archive.org/details/copyrightlawref00lelygoog/page/n8/mode/2up</a>.
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Title
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Copyright Law Reform: An Exposition of Lord Monkswell's Copyright Bill (1891)
Subject
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<em>Copyright Law Reform: An Exposition of Lord Monkswell's Copyright Bill</em> (1891)
Description
An account of the resource
An account written by <a href="https://historysoa.com/people/Ostler-John-Mounteney-Lely">J. M. Lely</a> defining the scope of the copyright bill (as drafted by the Society's <a href="https://historysoa.com/items/browse?advanced%5B0%5D%5Belement_id%5D=56&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Copyright+Sub-Committee&sort_field=Dublin+Core%2CTitle">Copyright Committee</a> and presented by Lord Monkswell). Summarises the problems with the law and the remedies offered by the Bill.
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<a href="https://historysoa.com/people/Ostler-John-Mounteney-Lely">Ostler, John Mounteney Lely</a>
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<a href="https://archive.org/details/copyrightlawref00lelygoog/" target="_blank" rel="noopener">https://archive.org/details/copyrightlawref00lelygoog</a>
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1891-Lely-Copyright-Law-Reform
copyright
law
publications
-
https://historysoa.com/files/original/4/375/1908-01-01-Supplement-18-4-Special-Report.pdf
3769fb270fd047889c17e78c3953de87
PDF Text
Text
�������
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Title
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Society of Authors Publications
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publications
Publication
Date
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1908-01-01
Volume
18
Issue
4
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19080101
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Title
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Report to the Council of the Special Committee Appointed to Consider the Constitution of the Society (1908)
Subject
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<em>Report to the Council of the Special Committee Appointed to Consider the Constitution of the Society</em> (1908)
Description
An account of the resource
Report of the <a href="https://historysoa.com/items/browse?advanced%5B0%5D%5Belement_id%5D=56&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Special+Committee">Special Committee</a>, submitted by the Council to the members of the Society ahead of a meeting to be held on 24 January 1908. Proposes that members of the Committee of Management be elected from and by subscribing members of the Society, instead of the Management Committee itself selecting members drawn from the Council only.
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<a href="https://historysoa.com/people/Webb-Sidney-James">Webb, Sidney</a>
<a href="https://historysoa.com/people/Bergne-John-Henry-Gibbs">Bergne, H. G.</a>
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<a href="https://babel.hathitrust.org/cgi/pt?id=mdp.39015049239471" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=mdp.39015049239471</a>
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<a href="https://historysoa.com/The-Author-Issues/1908-01-01-The-Author-18-4">Supplement to <em>The Author</em>, Vol. 18 Issue 04</a>
Type
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Publication
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1908-01-01-Supplement-18-4-Special-Report
publications
The Author
-
https://historysoa.com/files/original/4/196/1887-Lytton-Pollock-Adams-Besant-Gosse-Hollingshead-Grievances.png
dea65469f57cd54e7d1b5d4066d75e60
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Title
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Society of Authors Publications
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publications
Publication
Date
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1887
Location
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London
Publisher(s)
When used for publications, publisher of the periodical or book. When used for people, list of publishers they worked with during their lifetime
Field & Tuer
Simpkin, Marshall & Co.
Hamilton, Adams & Co.
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Lytton, Edward Robert Bulwer-, William Frederick Pollock, Francis Adams, Walter Besant, Edmund Gosse and John Hollingshead. <em>The Grievances Between Authors and Publishers</em>. London: Field & Tuer; Simpkin, Marshall & Co.; Hamilton, Adams & Co., 1887. <a href="https://archive.org/details/grievancesbetwee00inco" target="_blank" rel="noopener">https://archive.org/details/grievancesbetwee00inco</a>.
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Title
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The Grievances Between Authors and Publishers (1887)
Subject
The topic of the resource
<em>The Grievances Between Authors and Publishers</em> (1887)
Description
An account of the resource
A report on the three conferences held in March 1887 on the maintenance of literary property, the profession of authorship, and dramatic rights and property.
Creator
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Lytton, Edward Robert Bulwer-
Pollock, William Frederick
Adams, Francis Ottiwell
Besant, Walter
Gosse, Edmund William
Hollingshead, John
Source
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<a href="https://archive.org/details/grievancesbetwee00inco/" target="_blank" rel="noopener">https://archive.org/details/grievancesbetwee00inco/</a>
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Publication
Identifier
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1887-Lytton-Pollock-Adams-Besant-Gosse-Hollingshead-Grievances
publications
publishing
-
https://historysoa.com/files/original/4/112/1893-Besant-The-Society-of-Authors.png
879391b45549d6ba09a0484fdcb91bb4
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Society of Authors Publications
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publications
Publication
Date
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1893
Location
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London
Publisher(s)
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The Society of Authors
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Besant, Walter. <em>The Society of Authors: A Record of Its Action from Its Foundation</em>. London: The Society of Authors, 1893. <a href="https://play.google.com/books/reader?id=hd0-AQAAMAAJ&pg=GBS.PP3" target="_blank" rel="noopener">https://play.google.com/books/reader?id=hd0-AQAAMAAJ&pg=GBS.PP3</a>.
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The Society of Authors: A Record of Its Action from Its Foundation (1893)
Subject
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<em>The Society of Authors: A Record of Its Action from Its Foundation </em>(1893)
Description
An account of the resource
A brief history of the Society from its foundation to 1892 by <a href="https://historysoa.com/people/Besant-Walter">Walter Besant</a>. Delivered as a lecture at the Annual Meeting of the Society, 17 December 1892.
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Besant, Walter
Source
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<a href="https://play.google.com/books/reader?id=hd0-AQAAMAAJ&pg=GBS.PP1" target="_blank" rel="noopener">https://play.google.com/books/reader?id=hd0-AQAAMAAJ</a>
Type
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Publication
Identifier
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1893-Besant-The-Society-of-Authors
publications
-
https://historysoa.com/files/original/4/113/1899-Besant-The-Pen-and-the-Book.png
44fb29277970241a45326f9c2805711e
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Society of Authors Publications
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publications
Publication
Date
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1899
Location
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London
Publisher(s)
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T. Burleigh
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Besant, Walter. <em>The Pen and the Book</em>. London: T. Burleigh, 1899. <a href="https://archive.org/details/penandbook00besauoft/page/n5/mode/2up" target="_blank" rel="noopener">https://archive.org/details/penandbook00besauoft/page/n5/mode/2up</a>.
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The Pen and the Book (1899)
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<em>The Pen and the Book </em>(1899)
Description
An account of the resource
A guide for young writers written by <a href="https://historysoa.com/people/Besant-Walter">Walter Besant</a>, including chapters on the cost of production, methods of publishing, copyright, and choosing publishers, literary agents and editors. Also includes a prospectus for the Society of Authors.
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Besant, Walter
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<a href="https://archive.org/details/penandbook00besauoft" target="_blank" rel="noopener">https://archive.org/details/penandbook00besauoft</a>
Type
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Publication
Identifier
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1899-Besant-The-Pen-and-the-Book
copyright
publications
publishing
-
https://historysoa.com/files/original/4/111/1889-Colles-William-Morris.png
2741cc2188b58e6db82402705bcf704f
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Society of Authors Publications
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publications
Publication
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1889
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London
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The Society of Authors
Henry Glaisher
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Colles, William Morris. <em>Literature and the Pension List: An Investigation Conducted for the Committee of the Incorporated Society of Authors</em>. London: The Society of Authors, 1889. <a href="https://archive.org/details/literaturepensio00coll/page/n3/mode/2up" target="_blank" rel="noopener">https://archive.org/details/literaturepensio00coll/page/n3/mode/2up</a>.
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Literature and the Pension List: An Investigation Conducted for the Committee of the Incorporated Society of Authors (1889)
Subject
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<em>Literature and the Pension List: An Investigation Conducted for the Committee of the Incorporated Society of Authors </em>(1889)
Description
An account of the resource
An analysis of the annual Pension List, from the first Resolution of the House to 1889, by <a href="https://historysoa.com/people/Colles-William-Morris">William Morris Colles</a>. Reprints all of the official lists with the reasons assigned for awarding the pension and the amount.
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Colles, William Morris
Source
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<a href="https://archive.org/details/literaturepensio00coll" target="_blank" rel="noopener">https://archive.org/details/literaturepensio00coll</a>
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1889-Colles-Literature-and-the-Pension-List
Type
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Publication
pensions
publications
-
https://historysoa.com/files/original/4/406/1910-05-02-Supplement-20-8-Price-of-Novels-Report.pdf
4166f2c624b99af82ff4491ee158183f
PDF Text
Text
REPORT OF THE SUB-COMMITTEE
ON THE PRICE OF NOVELS,
PASSED MARCH
APPROWED
BY
THE
11,
COMMITTEE
APRIL
4,
1910.
1910.
OF MANAGEMENT
�REPORT OF THE SUB-COMMITTEE
PRICE OF NOVELS.
THE
ON
in
we
of
an
to
to
us
a
be
it
;
of
of to
of
its
WE, the Sub-Committee
appointed
to consider the question of the price at which
new novels should be issued, beg to submit our conclusions to the Committee.
In an interim report made to the Committee on December 6th, 1909, and published in
The Author in January, 1910, we explained that the collecting of evidence from the booksellers
would take some time and that
result would require sifting and classification.
We also
alluded
the fact that we were promised the outcome
certain definite experiments
the
change
price
new novels, which experiments were then being conducted
and
said that
we would elicit further information from novelists.
For these reasons
was necessary that
there should
some delay before we could make
final report, but the serious nature
the
situation appeared
warrant the laying before the Committee
interim opinion.
We
to
6s.
of
of
it.
in
to
or
of
In
to
of
an
he
by
of
of
as
to
have now received the further information for which we were waiting, and are enabled
submit our conclusions.
We have collected since the issue
the interim report evidence from other novelists
Twenty
the advisability
initial reduction
their prices from the usual figure
reduction, two were indefinite, and one thought
authors replied.
Seventeen were opposed
price.
that
would benefit
the lowering
the interim report the figures were thirty
opposed
Forty-seven, therefore, are opposed
reduction and seven more
less
favour
of
of
.
to
he
in
H.
if
to
to
of
of
Through
we
in
to
and eight
favour.
possession
the courtesy
Mr.
W. Keay,
have been placed
the
replies
243 booksellers
the four questions which
submitted
them.
The questions
doubtful, expressions
opinion.
have served
elicit valuable,
The figures placed beside the
reduction
questions indicate the views taken
72
156
56
or
at
dº
a
prejudiced
.
2
be
to
be
(if
liable
149
a
Or
at
º
of
a
in
at
6s. subject
JW0.
o
of
at
an
If
at
a
in
any)
cheaper rate
Would the increase
the sales
compensate for the smaller figure received per copy.
(if
In
-
.2
.3
novel
Yes.
38,
a
In
1.
Questions.
your opinion would you obtain
larger sale for
new
copyright novel
the Ordinary length
2s.
net
e
tº
than for one
6s. subject
28,
author brings out
new copyright novel
your opinion weuld his sale
subsequent
3s. net,
is
&
111
84
84
93
tº
tº
of a
to
of 2
e
ge
cº
o
&
.
publications
2
if
4.
in
other words, would the larger circulation
that
so)
g
compensate for the reduction
price
Would you get sufficient return out
which
make
good living wage
the author reduced the prices
a
;
to
to
an
or of
at
as
us in
at
º
be
us
of
to
be
at
to
to
an
25
per cent,
important point
which further allusion will
made.
Mr. Heinemann has communicated
the result
his interesting experiment
give
the price
which new novels should
issued.
He was obviously unable
of
a no
at to
a
be
a
to
be
it
to
for
in
to
of as
in
of
no
by
is
68.
a
38.
or
2s.
at
at
; of of
a
6s.
we
at to
be
larger sale would
obtained for
new copyright
Subject
the ordinary length
net than for one
discount
that the
new novel
the lower rate would damage the chances
author desiring
return
and that the bookselling trade would make
much
more under original issues.
the lower prices.
But the opinion
means unanimous, the minority replies being
substantial
number.
The fourth question was answered from such various points
view
considering that the bookselling trade
opinion.
that
are justified
whole has
The
conclusion most generally expressed was that
the selling
fiction
remunerative
profit
business
the bookseller
was necessary for him
able
sell
least
The booksellers, therefore, believe that
novel
issue
changing
the exact.
�(,
)
3
figures in respect of each of the books without the permission of their authors, and it has not
to us either right or necessary to beg him to obtain the permission.
We are satisfied
that the want of success attending his interesting and enterprising plan of making the price of
length
general
a new novel depend roughly upon
most powerful argument against
novelty
change from the hitherto accepted price
6s.
There were circumstances apart from
regard the result
which certainly fought against the plan, but these
not lead
anything but
warning
authors not
lower their price
issue.
One author,
the other
higher price than 6s., but
hand, whose book was published
two volumes, met with con
siderable success. The raised price was based
the length
the work, and the success was
spite
supply
obtained
the refusal
the libraries
We wish
record our sense
giving
could, while
respected the
Mr. Heinemann's courtesy
the assistance that
confidential nature of the relations with his clients.
seen, are
Our conclusions,
will
close
confirmation
the interim report that we
publish the two reports together.
have thought
advisable
on
as
to
us
of
in
to
of
he
of
a
so
he
us
all
to
it.
of
to on
a
of
it
to
it
be
in
in
of
at
a
to
do
of
itsa
is
a
its
seemed
Conclusions.
their agents for them,
the new novel should
be
of or
to
is
it
be
unwise
allow themselves,
agreed that the initial price
no
to
We find that novelists would
enter into any contract whereby
lower than 6s.
is
in of
or
of
of
an
by
to
is
is
on
;
in
be
of
of
as
a
of
a
to as
is
S.
to
be
it
it in
If
6s.
its
is
a
in
of
of
of
to
of
In
of
by
in
no
of be
in
to
6s.
as
of
be
at
as
to
a
if
to
to
of
of
to
in
is
publishers that the lowering
There
evidence from authors
the initial price leads
any substantial increase
circulation while there
evidence that
certain circumstances
the opposite has occurred.
The opinion
the booksellers
the question
too inconclusive
alter our view.
The majority
the booksellers believe that the lowering
the original
price would lead
larger sale, but
improvement
their profit
come
their terms
appears
with the publishers,
their suggestion, the author will have difficulty
main
taining his royalties
their proper figure. The booksellers' evidence confirms our previous
view that where authors lower the original prices
their novels they will not
offered the
they have hitherto received.
same proportionate royalties
We strongly advise authors
maintain
the standard price
issue
new fiction
special cases.
save
way modified
any
We feel that these conclusions need
the temporary success
publishing scheme where far lower prices
issue are employed.
one prominent venture
this sort the large prices which are understood
have been obtained, are what might have
many
been expected from the status
the authors.
novels, the cheaper paper
We suggest that
certain deterioration
the outward aspect
partly responsible for the cry for cheaper
and the catch-penny cover, often insecurely sewn,
novel, quite apart from
novel, looked better value for 68, and
books.
the
merits
opinion
possible
were
fact better turned out
than
turn out
2s. novel, we are
distinctly easier
that
would
maintain
the higher price.
.
M. A. BELLOC-LOWNDES.
CHARLES GARVICE.
E. W. HORNUNG.
W. W. JACOBS.
INTERIM
SQUIRE
SPRIGGE.
REPORT.
be
at
of
of
as
no
to
of
to
of
of
of
of
in
in
of
of
to
us
to
of
to
of
as
to
of
of
to
of
as
to
be
in
of
of
in
be
a
be
of
to
to
of
to
WE, the sub-committee appointed
consider the question
the price
which new novels should
issued, think that we ought
make an interim report, having regard
the serious nature
the present
feel,
also,
comprehensive
report
upon
expected
situation.
We
that conclusive and
the matter can hardly
sought, and the distinct understand
from us, remembering the variety
directions
which evidence must
ing that we have received that the results
price
certain experiments
the change
new novels which
experiments are now being conducted will
given
us.
step
opinion
seventy-eight
novelists,
being
Our first
was
invite the
almost all
members
our society,
possible because they seemed
represent varying degrees
position
who were selected
far
men
Further, we gave preference
popularity.
and women
letters and greatly different conditions
our first
inquiry
letter
those authors whose works we knew had been made the subject
some experiments
the
lowering
the original price
issue. The result
that inquiry was that thirty authors declared themselves
uncompromisingly
opposed
any systematic reduction
the usual publishing price
the new novel, viz., 6s.,
believing that the reduction would bring
them, having regard
the reduced royalties offered,
return
which would compensate them for the loss which they would sustain by not receiving the larger royalty upon
�(
4
)
the larger prices; seven authors believe the reverse of this, but their convictions were not expressed with any
great force in all instances.
Of the remaining authors to whom we wrote, fourteen were non-committal in their statements, certain of
them giving information in answer to our questions, but without expressing opinions and leaving us to make
deductions from the facts; nine stated that they were unable to give useful information, and from the
remainder we have not yet heard.
Much of this unclassified evidence was informatory to ourselves, and the
deduction we have drawn from it is that it contains no definite arguments in favour of the lowering
of the
original
of the new novel from 6s. either for the benefit of the author, the publisher, the bookseller, or
public.
the
We propose to collect further evidence from novelists during the time that must elapse before we can
report finally.
Our interim conclusion, that novelists would be unwise to allow themselves, or their agents for them,
to enter into any contracts whereby it is agreed that the initial price of the new novel should be lower than 6s,
is much strengthened by the replies which we have received from the list of publishers to whom we addressed
a letter asking whether the circulation obtained for novels published originally at a lower price than 6s. would,
in their opinion, result in a proportionate increase if the price were lowered. The basis on which we asked for
information was a 6s. novel of the ordinary length of about 80,000 to 100,000 words with a circulation of at
least 3,000 copies; and, further, we asked if it would be practicable to pay an author royalties on a 2s., a 2s. 6d.
or a 3s. net book at so high a rate as on a 6s. book; and if it would be practicable to consider raising the Original
price in certain cases.
We desire to record our sense of the valuable and courteous manner in which our questions, necessarily of
a searching nature, were responded to by the publishers.
Several publishers said that at the present moment they were not prepared to answer definitely, while one,
who may be mentioned by name, because his position has been made public by his own letter to The Publishers
Circular, viz., Mr. Heinemann, pointed out to us that he was at the present moment engaged in an important
experiment in the alteration of the prices at which new novels should be issued, of the results of which he would
be in a position to inform us in February. Other publishers who have issued new fiction at lower prices than
6s. have given us details showing that the experiments had failed.
The consensus of opinion from the publishers is to the effect :
(1) (a) that from 9,000 copies at least, to 12,000 (the highest figure mentioned) must be sold at 2s. net ;
(b) that 8,000 must be sold at 2s. 6d. net ; and
(c) that 6,000 copies must be sold at
net before the author would receive the amount equivalent
that
6s., i.e., 4s. 6d. net.
which he usually receives on 3,000 copies
count,
(2) That leaving exceptional cases out
does not appear probable that the author's circulation
proportionately
would
enhanced by
reduction
the price
the original issue.
On this point figures
relating
particular cases have been submitted
proof
the opinion.
(3) That the same proportionate royalty could not
offered upon the lower prices.
On this point the
publishers are all very clear.
Regarding these publishers,
thoroughly cognisant
we do,
the business side
the publication
competent
guide
fiction
the present conditions, and
the probable result
modifications
developments
grave warning
those conditions, we think that their opinions constitute
authors who may
any price below 68.
be invited
issue new novels
the ordinary length
2s., we hope that this
With regard
the issue
new novels
cloth binding
the initial price
likely
any
large
innovation
not
affect
number
writers.
Few publishers will make the attempt
pay the
produce
required
new work
fiction
such enormous quantities for
first edition
would
guarantee that the large prices which have been offered
author and recoup themselves.
There can
payment for serial rights and royalties
authors
advance under this system will
maintained.
We have definite information that, with regard
the 7d. reprints, the publishers are already offering far
smaller sums
advance than
the first instance
and that even
the cases
authors whose books have
practically earned these advances they are not now willing
make new contracts
the old terms.
We possess large amount
evidence from the booksellers upon the various questions involved, but this,
which has only just reached us, requires sifting and classification,
We have received scattered information from several authors who have actually experienced the results
prices lower than 6s. In every case the author has suffered.
the issue
new novels
Having, then, regard
opinion from those novelists whom we have consulted,
the weight
the
responsible remarks
leading publishers, and
details which we have received
the actual experience
authors, we repeat the recommendation that the novelist should maintain the price
the original production
large circulation.
his works
68. There
evidence that
low price means
of
it
or of
of
at
to
a
a
no
is
at
of
of
of
to
of
of
of
to
of
at
of
a
of
to
on
of
in
;
in
in
to
in
be
to
to
a
as
be
of
to
of
at
in
no
be
in
as
a
of
is
to
to
to
of of
a
to of
as
us
to
to of
be of
in
as
of
in
as
as
to
in
a
be
of
to
at 38.
ſº
ADDENDUM.
to
in
of
to to
.
of
It
to
as
as
at
of
to
in
of
of
in
of
point out
us, having particular knowledge
France, wishes
One
the business side
literature
that even
the days when the regular price
the new novel
France was Fr. 3.50, all the leading French
novelists, Daudet and Zola among them, greatly regretted the lowering
the standard price
that figure.
9%d., and the result has been most disastrous
France has since been flooded with new novels
French
great
produce
literature
well
French authors.
has meant that the
mass
writers have now
popularity
sensational,
dependent
upon
appeal.
novels that are short and
and
for their
their violent
(Signed)
M. A. BELLOC-LOWNDES.
S.
CHARLES GARVICE.
E. W. HORNUNG.
W. W. JACOBS.
SQUIRE SPRIGGE.
J)ecember
27-d, 1909.
�
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publications
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1910-05-02
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8
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19100502
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Report of the Sub-Committee on the Price of Novels (1910)
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<em>Report of the Sub-Committee on the Price of Novels</em> (1910)
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A report from the <a href="https://historysoa.com/items/browse?advanced%5B0%5D%5Belement_id%5D=56&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Price+of+Novels+Sub-Committee">Sub-Committee on the Price of Novels</a> (<span><a href="https://historysoa.com/people/Lowndes-Marie-Adelaide-Elizabeth-Renee-Julia-Belloc">Marie Belloc Lowndes</a>, <a href="https://historysoa.com/people/Garvice-Charles-Andrew">Charles Garvice</a>, <a href="https://historysoa.com/people/Hornung-Ernest-William">E. W. Hornung</a>, <a href="https://historysoa.com/people/Jacobs-William-Wymark">W. W. Jacobs</a> and <a href="https://historysoa.com/people/Sprigge-Samuel-Squire">Samuel Squire Sprigge</a>)</span> on the feasibility of reducing the price of novels from 6 shillings to 2 or 3 shillings, including a survey of publishers' opinions.
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Lowndes, Marie Adelaide Elizabeth Renée Julia Belloc
Garvice, Charles Andrew
Hornung, Ernest William
Jacobs, William Wymark
Sprigge, Samuel Squire
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<a href="https://babel.hathitrust.org/cgi/pt?id=mdp.39015027638405" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=mdp.39015027638405</a>
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1910-05-02-Supplement-20-8-Price-of-Novels-Report
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<a href="https://historysoa.com/The-Author-Issues/1910-05-02-The-Author-20-8">Supplement to <em>The Author</em>, Vol. 20 Issue 08</a>
finance
publications
publishing
The Author
-
https://historysoa.com/files/original/4/237/1896-Lunge-Contract-of-Publication-in-Germany-Austria-Hungary-Switzerland.pdf
38831cc8a09fa5f98d2204c0f4704d44
PDF Text
Text
||
sº |
THE
-
CONTRACT OF PUBLICATION
IN
GERMANY,
AND
Austria,
HUNGARY,
SWITZERLAND.
By ERNST LUNGE, J.U.D.
2s. 6d.
��º
º
THE
CONTRACT
OF
PUBLICATION
IN
GERMANY,
AUSTRIA, HUNGARY,
AND SWITZERLANI).
By ERNST LUNGE, J.U.D.
Published for the Society of Authors.
|
??-
--
s
�º
Q,
e
5.
º
‘IBRARS
PRINTED BY HORACECOX, WINDSORHOUSE, BREAM's BUILDINGS, E.0.
�THE CONTRACT OF PUBLICATION
IN
GERMANY,
AUSTRIA, HUNGARY
AND SWITZERLAND,
BY ERNST LUNGE, J.U.D.
or
in
be
no
in
of
in
it
its
THE following synopsis of the leading principles of law
governing the Contract of Publication refers to those
European States that have either adopted the German
original form
closely followed
Code of Commerce in
corresponding codes; the former being the case with
the German Empire and Austria, the latter with Hungary
legal thinking thereby
and Switzerland.
The affinity
widely
differing
many other respects
evinced
countries
in
”
a
of
to
of
of
of
or
in
as
in
by
or
in
of
of to
as
for the States under our notice may
comprising
“greater Germany
regard
Unfortunately, the Contract
the evolution
the law.
Publication has found no place
the German com
mercial code, and the more
less pronounced uniformity
statutes, practice, and doctrine secured
that great
legislative work for commercial law throughout central
Europe has been seriously obstructed
regards the legal
publisher;
relations between author and
even the German
Empire has, apart from one
two accidental provisions
the Copyright Bill
1870 and elsewhere, no common law
the Contract
Publication with the authority
an
imperial enactment.
No doubt that omission was mainly
improve, the
caused by, but certainly has not helped
is
accident,
described
B
�2
THE CONTRACT OF PUBLICATION
IN
unsatisfactory state of all doctrine connected with Authors’
Rights.
For this is by far the most disputed ground of
all civil law in Germany, and whoever is aware of the
enormous influence wielded by pure doctrine and theory
on the practical issues—i.e., legislation and practice, of
German law, will readily understand that the matter can
never be settled until Jurisprudentia
Docens has made up
her mind; of which there is not much of a prospect at
the present moment.
I
Like every self-respecting student of German law, am,
of course, provided with notions of my own upon the
subject, and am prepared to part, at a great sacrifice, with
a brand new theory of Authors’ Rights, dissenting,
in
every particular, from anything said before.
But here
should like to leave abstractions and classifications out of
I
court and merely to show the most important issues raised
and identically or similarly decided within the provinces of
German law. Now, in spite of all said above, the Contract
of Publication will be found, when descending from the
theory and appearing in
cothurnus of semi-metaphysical
real life, to be, in all main respects, the same all over the
States under our cognizance.
The institutions of the trade
and (unfortunately) the conditions of literary production
are the same; this ensures similar sets of conflicting
interests, and they in their turn can meet with no great
variety of legal conception and treatment, where the cast
of the judicial mind is the same. If, then, theoretical
squabbles have prevented uniform legislation, the exigencies
of life have called for, and the German lawyers, trained in
the stern school of Roman Law, were able to provide, a
set of rules covering the whole ground of the Contract of
Publication and insuring a tolerable uniformity of practice
for the German speaking nations.
But for a few fragments and occasional utterances, we
should know nothing at all about publishing and the manu
�GERMANY,
AUSTRIA,
HUNGARY,
AND SWITZERLAND.
3
script trade of ancient Greece, and we cannot hope for any
addition to those scanty sources of information.
Yet we are safe in assuming that author and publisher
had no occasion for a legal understanding as to the
publication of the works of the former. Fees were as
unknown as the principle of copyright; no learned Greek
would have stooped to make money by work for the book
market.
No doubt authors sold their manuscripts, but to
wealthy gentlemen, and not to the trade.
All trade profits
publisher
managed
went to the
who
to obtain a new work.
considerable
This is little enough, but we do not know even as much as
that about prosperous Alexandria.
The influx of learned Greeks after the subjection of
their own country gave the lagging book trade of Rome a
mighty spurt, and caused it to rise to a noble height.* The
wholesale business of an important Roman publisher was
equal to the production of enormous numbers of cheap
copies; it was by no means so far behind our modern
achievements as might be imagined, and certainly superior
to the efforts of the primitive printing press. The methods
of the Roman trade anticipated modern publishing on
more than one line. As Birt remarks, the Roman author
could address the masses and write for the wide world.
Horace might have lived in our days, to have written:
Hic meret aera liber Sosiis, hic et mare transit,
Et longum noto scriptori prorogat aevum.
The highly evolved trade of Rome cannot have dispensed
with some sort of real agreement between author and
* Prof. Kohler
has appended a brilliant review of the social conditions
production and of the publishing trade of Rome to his
“Autorrecht.”
Valuable historical notes will also be found in Birt’s
“Das antike Bucherwesen; ” Kapp’s “Geschichte des deutschen Buch
handels,” and Schuermann’s
“Rechtsverhaltnisse
der Autoren
und
Verleger,” cover the age of printing up to this century. I am indebted
to these works for many of the following data.
of
literary
B 2
�4
THE
CONTRACT OF
IN
PUBLICATION
publisher; but, clearly defined as they were even then, the
peculiar interests of the parties to the Contract of
Publication do not appear ever to have called for special
juridical consideration
anyhow,
and construction;
the
records of Civil Law are absolutely silent on the subject.
This evident absence of litigation is easily explained.
Authorship was no recognised profession; social economics
had no cognisance of the writer as bread-winner; the
dignity of free labour as a factor of production is a modern
notion.
And then publicity was by no means, as a rule,
the main object of a Roman author's work. This in itself
barred the evolution of typical author's interests which,
must otherwise, in the course of time, have engaged the
attention of lawyers and found some legal formulation.
It was rather to the court, to magnates and rich grandees,
than to publishers, that authors in quest of reward might
look for remuneration, and we have sufficient evidence of
extraordinary prices realised by the sale of MSS. to that
class of patrons.
This had, of course, no direct connection
with the success of any one publication; but manifestly
the market value of those dedications and sales depended,
on the whole, upon the appreciation of poet or author by
the public, and this appreciation was contingent on the
dispersion of their works. Yet the author's more or less
noble, but readily discerned, interest in the success of his
publication does not seem to have been recognised as
sufficiently substantial to lead to a claim on the publisher
to force the sale.
in
is at
It
of
to
an
it,
At that period copyright and piracy were terms as yet
unknown. The notion of “intellectual property” would
have been unintelligible to those times.
It was a general
custom to copy manuscripts for one's own use; special
copyists were kept by such as could afford
and some rich
bibliophiles kept
organised staff
writers
work
bringing their private libraries up
date.
not im
~
�GERMANY,
AUSTRIA,
HUN GARY, AND SWITZERLANI).
probable that the etiquette of the trade held wholesale
competition in check; friendly understandings, if not
5
illicit
bind
ing agreements, may have led to some sort of protection of a
publisher's new enterprises; but they cannot have been very
effectual or far-reaching.
Birt's hypothesis, according to
which collegia librariorum or bibliopolarum enforced respect
for publishers’ rights, is entirely unsupported by evidence,
and Kohler himself must disclaim the existence of any
proof for his belief in protective privileges or monopolies
supposed by him to have been granted to publishers.
Nor
can the absence of complaints about competition be taken
as evidence of any of those restraints on special competi
tion. It is rather the other way; measures against piracy
must remain a dead letter, where the detection of spurious
copies, easy enough since uniform editions are printed, was
a technical impossibility; apart from other considerations,
no system of legal protection could have suggested itself to
the Roman publisher, who had his editions produced by
troops of slaves writing to dictation.
For all this, the trade flourished; publishers were on
the look-out for new writings, and an author prepared to do
with private libraries could see no objection to
selling a copy of his latest work to a bibliopole who made
it worth his while.
But the transaction in question
thing and nothing
comprised
the sale of a corporeal
beyond, and even its frequent occurrence does not substan
tiate the hypothesis of a type of contract ensuring other
valuable rights to the author than that to the purchase
They never came to distinguish the value of the
price.
author's production apart from its material substratum,
the manuscript;
the disposal of the latter invariably
included the former—they sold manuscripts, but made no
Contracts of Publication. We shall see later on that the
business
same confusion
own century.
obtained
in the age of printing, up to our
�THE
6
CONTRACT OF PUBLICATION
IN
There may have been isolated cases in which writers
made a regular income by the sale of their manuscripts to
publishers, as was very probably done by Martial; on the
whole, however, there was no money in it; that class of
transactions was never important enough to receive
specific legal treatment or an independent economic status.
Quinctilian's letter to his publisher Tryphon does not as
much as allude to the question of remuneration.
Juvenal's
satire,
seventh
whilst enumerating
the most trifling
sources of income of rhetoricians, advocates, and other
professions,
As
has not a word to say about authors’ fees.
rights” were there to be assigned, the
no “authors’
publisher of a new work had to rely on turning to profit
the advantage gained by his priority in the market, by
getting the start of his competitors with his new publica
tion. Even the highly problematical restriction of the
forms of illicit competition by conventions or
would not have made much difference in
this respect.
On the other hand, it was a matter of
common decency for the author to warrant that priority,
grossest
trade-usage,
perhaps
even to refrain from competing
later on with
copies prepared for his own account; some trace of such a
rule may be found in Martial's testimony:
Exigis ut donem nostro tibi, Quinte, libellos.
Non habeo, sed habet bibliopola Tryphon.
Martial IW., 72.
. . et faciet lucrum bibliopola Trypho, Martial XIII., 3.
At
any time would copies produced by, or under the
control of, the author himself have got the better
of a publisher's edition which, at its best, was a perfunc
torily manufactured article.
Simple, then, as were their business dealings, yet authors
and publishers were often intimately associated.
The
personal
correspondence
seller's weighty
of Cicero with Atticus discloses the book
influence on the great writer's publications,
�GERMANY,
AUSTRIA,
HUNGARY,
AND SWITZERLAND.
7
and amply illustrates the attention paid by Cicero to his
publisher's opinion on the daily progress of his labours.
Many a Roman publication was due to publishers'
incitation, to their appeals for new works, or their
encouragement of hesitating authors. As remarked above,
the term of author was far from being identical with that
of writer for the public. Style and form were far more
important in those times than nowadays, and all those
works that had been composed for ephemeral purposes, or
for certain circles only, would but reluctantly be yielded to
publicity, to be for ever attached in a definite shape to the
author's name and fame. That sort of scruple had to be
Then,
overcome by the publisher's powers of persuasion.
purely
very
a
serious obstacle
of a
technical nature
encountered every author aspiring to publicity, in the
exigencies of the materials from which the editions were
manufactured: in the limited size of the rolls, each of
which was supposed
complete
to contain an independent
work or
section, and the limits of which the writer was
bound to observe, not only when arranging and
rigidly
distributing
subject-matter, but throughout the
Thucydides or Plato knew of no procrustean
restrictions, but now a work intended for publication was
of necessity the result of a compromise between the
impulse to free, unfettered production and the hampering
conditions of the book market.
the
composition.
Publishing enterprises were commonly carried through
at the risk and expense of the publishers, some of whom
were wholesale tradesmen
on a grand scale.
In some
cases, however, the author was his own publisher, as Cicero
in the beginning of his career as a writer. Again, in
others we find a stage of transition from the latter (the
earlier), system into the former, the author taking part of
the expense upon himself; so Cicero shared the consider
able cost of the paper with his publisher.
On the other
�THE CONTRACT OF PUBLICATION
8
hand,
nothing to prove that the author had a
we have
pecuniary
IN
interest in the sale.
If Cicero decided to let
have all his future works, because that clever
Atticus
publisher had brought about an extensive sale of the
speech pro Q. Ligario, we need not look beyond the orator's
notorious vanity and craving for popularity for an
explanation.
Birt has arbitrarily interpreted that deter
mination of Cicero's as emanating
from
satisfaction
at
his share in the profits, and believes this hypothetical
partnership to prove a common system of remuneration.
letters, whilst
All that is mere guess work.
Cicero's
referring to the least important details, never allude to
any
of in
In
to
an
and, when
finished copies
also highly probable that
copies free
charge,
which
of
by
to
a
was allowed
number
he would dispose
his best advantage.
of
of
is
were revised and corrected.
he
necessary, the
It
was recognised,
a
;
to
of
a
by to
in
by
if
by to
or
of
a
in
of
of,
financial benefit derived from his connection with
Atticus.
Publications by, or on behalf
the writer
himself probably originated
the production
small
copies for exchange with other authors
number
for
patrons, under the author's immediate control,
sale
not
his own hand; but we are left
doubt about the
disposing
methods employed
him
his work where
real edition was offered
the public.
return for the
pecuniary sacrifice made
author contributing
the
cost
the edition, his literary interests
met with
some consideration
his claim
careful reproduction
Italy
its
in
of
to
of
of
of
of
The fall
the Roman Empire was not survived
the
vigorous literary life and the grand book trade
days
affluence.
All learning, the entire production and
reading matter were banished
consumption
the
higher civilisation
monasteries, until the resurrection
in
of
a
awakened
considerable demand for manuscripts,
calling into life new systems
organised copying that had,
however, nothing
common
with the Roman trade
�GERMANY,
AUSTRIA,
HUNGARY,
AND SWITZERLAND.
9
Above all, there was no occasion for dealings
between authors and publishers.
It remained for the printing press to bring contemporary
scholars again together with literary enterprisers.
The
production of printed books was originally a purely
undertaking.
industrial
When the publishers first ap
methods.
men of letters, it was in quest of services that
were to be entirely subsidiary to their own trade purposes.
proached
It
did not occur to the publisher of the German-speaking
nations to look for works by living authors until the 16th
century was well advanced; certainly any original works
that may have appeared before then have been lost amidst
the reproduction of mediaeval manuscripts; the demand for
books was well met by Fathers of the Church, Bibles,
classics, and school-books.
The main conditions of a satisfactory reproduction were
possession of a correct manuscript, and the control of
the printers by a literary expert.
Not a few of the early
continental publishers were qualified for editing the manu
the
scripts
themselves,
being men of considerable
learned
This was no mere coincidence, for a pub
lisher's success in business was often dependent on the
taste he displayed in selecting the treasures of the classic
ages.
Publishers like Aldus and Froben were supported
by
alike
their enthusiasm and by their knowledge.
But
technical skill was not always paired with literary ability;
those printers who knew their own trade but could not
dare to undertake the recension of ancient texts themselves,
turned to specialists for this part of the work, at first to
clergymen, later on with a preference for young humanists.
The progress of printing and publishing made this
division of labour the rule.
The office of the correctors,
attainments.
or castigators, as they came to be called, was of no mean
importance; they were responsible, not only for the pre
paration of the copy, but also for correct composition, as
�10
THE
CONTRACT OF PUBLICATION
IN
yet by no means a matter of course.
The choice of suitable
recensors and castigators
was always of much concern
to the great printers of Strasburg, Nuremberg, and
of Basle, and they managed to secure the ser
especially
vices of a number of the most important savants of the
Brandt,
age of the Reformation ; men like Sebastian
Melanchthon, Beatus Rhenanus, Erasmus, were retained as
castigators
literary experts.
The times had changed
of letters was openly paid for
services rendered.
Erasmus tells us, that Froben spent
enormous sums for the recension of his publications.
We
have, however, no record of specific amounts paid to casti
or
Now the
indeed.
man
gators.
The legal
the
contracts
relations in question were simply those of
for services, for doing work on materials,
or for doing a specific piece of work. But the association
embraced, from the very first, the nucleus of interests of
which the pure types of contracts named would have no
literary interest of the editor in the work
cognisance—the
under his care. Even the earliest humanists, to
whom the recension of classics was intrusted, wrote intro
produced
ductory notes, verses of praise or appendices, never omit
ting to advance their own claims to be known as editors
This was no innovation. Up to the last, the Romans were
at the greatest pains to carefully preserve and transmit
the true text of the classics.
The subscriptions added to
the manuscripts,
with their legi, distinati,
ememdavi,
bear
witness of that in an unmistakable way.
Those who
charged
themselves
with the labour were not of the
clergy, but laymen, and were often enough of the highest
secular standing.
Even a Roman emperor, Theodosius II.,
prided himself in his capacity as recensor.
The great
humanists of the Reformation could never have under
rated
the
classics,
importance
and
a
lofty
of their work as trustees
view
did
they
take
of
of the
their
�GERMANY,
AUSTRIA,
HUNGARY,
AND switzERLAND.
11
Their dignity was not thought to be
fact that they stood under a contract
for services; often enough the publisher himself was
prompted as much by his enthusiasm for letters as by the
functions as editors.
impaired
by the
love of gain.
And then, the office of the mere corrector or
proof-reader was soon differentiated from that of the
learned editor, when once the first professors of the age
had stepped into the ranks of castigators.
No less a man
than Erasmus objected strongly to being confounded with
the common proof-reader.
These facts of history go far to explain the peculiarities
of the German Contract of Publication.
To instance one,
every and any sort of fee paid to authors is called, up to
the present day, “honorarium,” in unconscious imitation of
those early contracts for professional services, though the
transaction in question may be a sale pure and simple.
But the reason of that affinity lies deeper than in
superficial traditions. Had the Romans known a special
Contract of Publication, it would have been adopted as a
matter of course, at least for original contemporary works
when they once began to be published, for the Civil Law
was then on its triumphal march through the civilised
But, in the absence of Roman enactments, and, of
world.
course, of anything of the kind among the old Teutonic
institutes, they did not trouble themselves about finding
some other suitable type of contract, e.g. partnership, as
legal adjustment of their dealings; and the
publication of original productions was regarded, as far
as the relations between authors and publishers went, in
much the same light as that of revised classics.
The
a deliberate
occupation
of castigators, performed under the contract
services,
for
had become too dignified an office to let that
contract
quite improper in the case of original
Then, as said before, the publisher might be
of a savant himself as a mere tradesman, and
seem
production.
as much
�IN
THE CONTRACT OF PUBLICATION
12
his profession was not yet so clearly differentiated from
that of the author's as it became later on. The man of
letters was rather his collaborator, than a quite inde
pendent factor of production, and would not feel called
publisher with the immense
upon
impress
to
the
superiority of original work, or to seek for a fundamental
re-adjustment of their relations.
But the conditions of original production were vastly
different from those of the castigator, the learned employé,
and could not but make themselves felt by raising many
complications and conflicts of interests for which the pure
contract
for services, the locatio conductio operis or
operarum, could not provide.
However, they were as little
by the age of the Reformation as they had
understood
been by the Romans: and the result was a confusion
which retarded,
not only the evolution of a definite
type of Contract of Publication, but probably also the
general recognition
of Authors' Rights for centuries
to
come.
The contract for services has managed to obtain in
some important details, up to the present day, where its
real basis, the relation of author to publisher as that of
he
it,
employé to employer is but rarely met with.
Thence the
modern legal presumptions, that a publisher who invites
the production of a work tacitly agrees to pay for
and
at
to
a
a
ab
on of
he
it
he
a
to
it
a
to
of
may have
that
bear the risk
locator operis.
On the other hand,
was quite the exception for an
author
receive
fee for original work produced
his
publisher with
own instance, when
had offered
whom
had not had previous dealings under
contract
initio,
services, which now would have placed them,
in
at
it
by
to
in
of
is,
a
to
kindred material basis when coming
terms.
tracing the absence
beyond doubt, right
Schuermann
remuneration
this case
the opposite arrangement,
under which the author had his book printed
the
printer-publisher, and then published
his own risk
�GERMANY,
AUSTRIA,
HUNGARY,
AND swiTZERLAND.
13
and expense, having, as a rule, none but pure literary
interests in view. The same authority assures us that the
comparatively high fees known to have been paid for
original work must be referred exclusively to those cases
in which the publisher occasioned its production, and
where his professional point of view was of dominant
on the composition.
The works of the many
popular authors and compilers that swamped the market
of the 16th century, were one and all written as mere
industrial enterprises
to comply
with the publishers'
influence
speculative
interests.
The profession of an author was, on the whole, a poorly
paid one, and was not supposed to offer a living. Payments
in cash remained the exception up to the 18th century,
and they were never considerable,
but often humiliating ;
and the more erudition, the less pay.
The celebrated
Elzevirs enjoy the unenvied distinction of exceptionally
Now, the same men who were ready
mean shabbiness.
enough
serve for a good fee as castigators
did not
recognise as gentlemanly payment for original
works quite contrary to the practice of the Roman authors.
But in Rome the author's fee was the price of an article
to
immediately
sold, whereas the business relations of authors and the
early printers originated in the contract for services, and
though not the slightest ignominy was now attached to
that contract, yet to take money for one's own original
thoughts as another's employé, seemed at first as hiring
out one's freedom of thought. The rapid growth of the
importance
difference
of original works for the market soon made the
between the original writer and the hired labour
of the proof reader too palpable
able
comparisons,
vanished.
and
the
to admit of any disagree
sensibility regarding fees
-
The contract for the services of scholars was, then, the
first of the institutions from which the German Contract of
�14
THE CONTRACT OF PUBLICATION
Publication was evolved.
IN
The other source of the modern
is to be found in the contract for the production
of books at the author's expense, which has been mentioned
contract
above.
When a modest market for new writings first
managed to establish itself amidst the masses of new
editions of old books, the authors had to bear, not only
the expense of their production, but also, to a large extent,
the labour of disposing of them to the public. There
were only a few isolated exceptions to this rule during
the first and second decades of the 16th century. The next
of
at
as
by
its
step was taken when the authors began to charge their
pro
printers with the sale of the book in addition to
duction,
was done
Martin Luther
the outset
his
literary career.
Luther's later dealings mark another
on of
to
in
if
of
to
of
important stage
the contract's progress.
The printer
allowed the amount due
stand over and paid himself
pro
they fell short
from the sales effected;
the cost
duction, Luther paid the difference, relinquishing,
the
other hand, any profits derived
the printer,
return
an
of
a
or
to
of
at
to
for his trouble and for his crediting the expense. Of course
this arrangement could give satisfaction
those authors
only who aimed
nothing but the dissemination
their
works; but then Luther never looked
his publications
for profit,
claimed
fee.
From agreements
this type,
to
it
easy step
the contract under which the
not only credited the expense, but charged
himself with the risk
the enterprise, still appearing,
principle,
the author's agent,
far
was bound
produce and properly publish the book.
To these types
contract we may trace the origin
modern rule,
according
which the author may control the production
and claim proof sheets, but must bear the cost
unreason
was
he
as
a
so
of
to
of
of to
in
as
of
on
publisher
The only regular material
authors was the free copies
supply; those
his work which the publisher engaged
to
of
to
ably numerous alterations.
benefit commonly granted
�GERMANY,
AUSTRIA,
HUNGARY,
AND switzERLAND.
15
he either sold outright, bartered for other books (which
again were not unfrequently sold) or presented to patrons.
Patronage had to eke out the poor scholar’s scanty income;
towards the end of the 17th century, the system of public
dedications
to rich and influential men, to corporations
and cities, had attained a magnitude, grand in its baseness.
The right of dedication was a property concerning which
special agreements
were made.
The dealings of authors and publishers had outgrown
the clearly defined but narrow boundaries of the pure
contracts
for services, but not to be dealt with and
conceived with legal precision
or to be classified as a
type of contract.
new specific
Untold modifications
and loose agreements stood in the place of any institution
exactly describing the mutual rights and duties of the
parties, and the confusion was still enhanced by the
rarity
of written agreements
(which did not come
into common use before the 18th century) and by
the motley systems, under which the innumerable autono
mous states issued copyright privileges.
These privileges
were the only protection afforded to the author's, or rather
the publisher's interests, and their very name implies the
inability of the times to conceive of Authors' Rights as a
Up to the last the
manuscript embodied all rights in
contents, and its
reprint it—a legal
possession was
copy
title
conception undoubtedly derived from the common practice
printing. This
the age
the castigators, the infancy
implied the right
publisher who had once acquired an
print
liked, the
many editions
author's work
purchase
being
its
or
of
absolute
unconditional.
their own licence
and
he
as
as
to
a
of
of
of
a
to
species of real immaterial property.
Conversely,
or
to
of
to
publish
the authors vindicated
competing editions elsewhere, subject,
course,
the
publishers' claims from public privileges
special
arrangements.
All this may explain how Goethe could
�16
THE
CONTRACT OF PUBLICATION
IN
write in 1824–“Fifty years ago, a contract for the future
was unimaginable.”
The author's right of altering new
editions and claiming a fee for them was highly problematic
till this century.
It is true, that the eighteenth century
had somewhat consolidated the conception and crystalised
the types of publishing arrangements.
But the develop
furthered one,
stating
explicitly
that even the Prussian Code of 1794 omits
primary
obligation
publisher,
viz.,
the
of the
to actually
produce a work once accepted for publication, whilst some
ment was so little a conscious
or deliberately
of the code's provisions take that obligation—highly con
Though originating
troversial up to then—for granted.
in the earliest institutions of the age of printing, the
Contract of Publication, as a deliberately developed
institute, is thus a product of our century—of the age of
general recognition of Authors' Rights,
Prussia was the first state to codify the law of the
Contract of Publication, and most of the provisions of the
Civil code of 1794 are still in force.
Since then, the most
important statutes passed were those of Austria (1811), of
the Canton of Zurich (1853-56), of Saxony (1865), of
Hungary (1875), and of Switzerland (1883).
Then, occa
sional remarks are to be found in the copyright bills or
ordinances of the minor German states, as well as in those
of the states named above, and in the Imperial German
copyright bill of 1870. The “Dresdener Entwurf,” the
project of a code of obligations prepared for the federated
German states, but deprived of its raison d'être through
the events of 1866, has been of marked influence on the
subsequent
development
of the law.
all content themselves with
establishing a limited number of leading propositions,
and it has been left to the high courts and the unofficial
work of specialists to set up rules for their application to
practice.
The most important book on the subject is
These
statutes
one and
�AUsTRIA, HUNGARY,
GERMANY,
AND swITZERLAND.
17
Waechter’s“ Verlagsrecht,” published 1857-58, up to the
by
is,
present day the standard work on the Contract of Publica
tion, in spite of many antiquated opinions.
A long list of
authority
greater
writers of
or minor
will be found in Dr.
Osterrieth's “Altes und Neues zur Lehre vom Urhe
of
statutes
in of
G. in
very complete copy
and legislative
projects,
the
most
the law
Leipzig,
the pertinent
besides other
by
sections
(1870)
of
has published
a
of
B.
of
Osterrieth
the way, one
original and influential reformers
the realm
copyright and publication.
Tuebner,
berrecht.”
A
F.
in
of
in
be
or
to
in
set
is
of
by
“
to
be
authoritative utterances, compiled
W. Petsch.
similar compilation, far less complete, but more convenient
date, will
and brought up
found
Streissler's
Urheber,
Recht für
Buchhandel und Presse" (published
1890
Baron Biedermann). The publishers' view
the
Voigtlaender's“ Verlags
subject
forcibly
forth
every
recht" (1893). Short digests are
found
modern compendium
Teutonic
Commercial law.
The following abbreviations are used below:
Bes.
Beseler, System des gemeinen deutschen
Privat
Blu.
I.
rechts (1866).
Blu.
II.
Bluntschli, Deutsches Privatrecht, Vol.I. (1851).
Bluntschli, Kommentar zum Zürcher Privat
Gesetzbuche.
Dernburg, Preussisches Privatrecht.
Eisenlohr, Das literarisch-artistische Eigentum
und Verlagsrecht (1855).
End.
I.
rechtlichen
Der.
Eis.
End.
II.
Endemann, Das deutsche Handelsrecht (1865)
Gesetz,
&c.,
vom
11.
(1871).
Gengler, Lehrbuch des deutschen
(1854).
Gerber, System des deutschen
Juni,
1870.
Privatrechts
Privatrechts
(1853).
C
Ger.
I.
Geng.
Endemann,
�Ger.
IN
THE CONTRACT OF PUBLICATION
18
II.
Gerber, Gesammelte
Juristische Abhandlungen
Klo. I.
Klo. II.
(1872).
Klostermann, Das Urheberrecht (1876).
Klostermann, in Vol. III. of Endemann's
Handels-, See-,
Handbuch des deutschen
Kohler.
Schneider.
und Wechselrechtes (1881-85).
Kohler, Das Autorrecht (1880).
Schneider & Fick, Das Schweiz. Obligationen
Stobbe.
recht (1892).
Stobbe, Handbuch des deutschen
Privatrechts,
Vol. III. (1878).
Wii.
Wächter, Das Verlagsrecht (1857-58).
German C.R.B
German copyright bill of June 11,
1870.
Austrian C.R.B.
Austrian
copyright
bill of Oct.
19,
1846.
Hungarian C.R.B. Hungarian
copyright bill of May
1,
1884.
Swiss
C.R.B.
R.O.BI.
Swiss copyright bill of April 23, 1883.
Entscheidungen des Reichsoberhan
delsgerichtes.
Prussia:
:
Saxony:
Baden:
Austria
Allgemeines Landrecht, Part
Bürgerliches Gesetzbuch.
Landrecht.
I.,
Where the number of an article or section is appended
to the name of a state, the following laws must be under
stood as cited :
Title 11.
Allgemeines Bürgerliches Gesetzbuch.
1875, Title II.
Code (Article 37)
Switzerland: Schweizerisches Obligationenrecht.
Zurich
Zuercher Privatrechtliches Gesetzbuch.
:
of
Hungary:
by
as
Anomalous statutes and such
contain special limita
tions, &c., are enclosed
square brackets.
�GERMANY,
AUSTRIA,
HUNGARY,
AND switzERLAND.
19
I.—DEFINITION.
The Contract of Publication
from an author
exclusive right to copy a work
engages to procure and publish
1.
a person acquires
is the agreement whereby
or his legal successors an
of literature or art, and
the copies at his own
expense and risk.
2. Legal successors: Any person or persons who have
acquired by legal means all Authors’ Rights in a work.
3. Every work falls under the Contract of Publication
that is qualified both for protection from piracy and for
sale.
4. The transferee need not be a professional publisher.
5. The work concerning which the contract is made may
which he
is
145) until
bound to do.
the author has completed
it,
(Klo.
effects
I.,
be ready for reproduction, unfinished, or merely projected;
is not ready, the contract has none but obligatory
if it
(c)
is
to
essential
Publication
risk.
Publication;
publish;
the publisher's own expense and
the transferee
to
of
of
of
the Right
at
(a) Transfer
(b) Obligation
It
as
is
generally regarded
The following
Publication:
the Contract
of
1.
II.-EssBNTIALs.
not essential:
a
of
that the transfer
2
But few authorities deny
c
2.
of
at
of
of
a
(a) That the author should stipulate remuneration;
(b) That the transfer
the Right
Publication
should involve an unlimited use;
(c) Or that the publication should take place
the
expense and risk
the publisher alone.
�THE
20
CONTRACT OF PUBLICATION
IN
“Right
endorsed
adopted
question
has
been
nearly all jurists.
statutes
practice,
and
have
of
for the purposes
this com
pilation. Contracts concerning works without copyright—
generally
e.g., old inedita, text revisions
classics—are
devoid
most
those features that mark our matter,
but must,
the whole,
treated analogically
the
typical contract: (Hungary,
The authorities agree that the contract implies not
obligation
merely the right, but
the transferee
publish the work
his own risk and expense.
“This
publisher
criterion excludes those agreements whereby
5.)
to
pay for
orders work and undertakes
engagement
no
about publication”:
Both parties
presumed
it,
a
at
to
of
an
3.
§
to
be
of
on
of
of
it
unreservedly
the
I
their view
by
in
the affirmative
is
answered
Anyhow,
by
opinion.
dominant
As
of
of
a
of
I.,
of Publication” is of necessity involved in Con
tracts of Publication : (See Kohler, 291; Stobbe, 285;
Dern., 640; Gerber II.) Their objections are set aside
by that view of the matter which has ultimately gained
144; Wii., 219,
the ascendancy (See Klo. II., 717; Klo.
&c.), although they are based upon
truer conception
the real nature
the contract than that
the pre
but enters into
(Klo.
II.,
717.)
a
contract
a
in
in
be
to
5.
to
a
as
a
to
of
no
4.
at
a
of
of to
for
valuable
consideration.
“The Right
Publication derives all its
importance from the value
the manifold reproduction”:
(Eisen., 85.) The publisher expects
profit from the
sale, whereas the author sees his work propagated
the
publisher's risk and expense.
The writer may share risk and expense with the
publisher, but
Contract
Publication exists where
publisher undertakes
publish
work
the author's
agent, without any risk
himself, though
his own
name, and though
share
the profit may
allotted
him: (R.O.H. XVI, 251.)
are
These
legal
presumptions
have
determined
the
�GERMANY,
AUSTRIA,
HUNGARY,
21
AND switzERLAND.
evolution of the Contract of Publication and still determine
its operation, even where other considerations step in, as
where the publisher is prompted by ideal purposes or where
the author writes for pecuniary profit. Even where they
agree to share loss and profit, an ordinary Contract of
Publication exists between them in addition to the partner
ship, and defines their mutual relations and obligations;
their partnership acts upon nothing but the ultimate
II.
719; Blu. II. 514.)
(Klo.
6. One of the most important consequences of this
conception of the Contract of Publication is the universal
financial settlement:
opinion that remuneration
to,
nor
even
presumable
of the author is neither essential
from, a bare Contract of
it.
Publication in itself.
If a fee has not been expressly
stipulated, it is only then regarded as implied, when
special circumstances point to
III.-NATURE
RIGHT OF PUBLICATION.
OF THE
or
of
to to a
as
by
1.
of
Complete agreement about the legal nature
the
right transferred has not yet been arrived at.
Literary
proprietorship was conceived
the earlier authorities
property, and they believed the contract
mere species
partly
transfer the original Authors' Rights entirely
re,
in in
is
3.
is
of
re
in
a
re
in
a
a
a
no
2.
be
I,
61; Blu. II. 509.)
the publisher: (Wä., 111, 219; Blu.
“There can
doubt that the publisher cannot
jus
claim the entire ‘Authors’ Rights,” but only
jus
immateriali,
use,
not real
but
use
an
immateriali, that
immaterial property—a singular jus
indissolubly connected with the personal performance
an obligation”: (Kohler, 289, 291.)
The conception predominant among modern jurists
is
by
or
to
a
of to
of
to
of
similar
that
von Daniels who says (in his Preussisches
Privatrecht): “The Right
Publication
the authority
literary
reproduce
any means
artistic production
multiplication and
sell the copies without competition.
�22
THE
The Right
dependent
CONTRACT
IN
PUBLICATION
OF
right that is
of Publication is a derivative
upon that original right of the author's to debar,
within certain limits marked
copying his work.”
its
4. Endemann has given
possible forms of transfer.
out
by statute,
others
from
the following summary of the
“The author may transfer his
in
it
he
on
to
be
in
of
to
of
a
an
so
jus),
no
(quoad
of
totality with the substance
his rights
entirely
parts
that
with them and
right whatever;
e.g. when
retains
author sells
manuscript finally and disposes
his right
control the
publication, and
pecuniary
his
interest
the
work. An author may
found
have yielded up his
work in
he
of
a
of
in
be
of
an
of
the remodelling
his work for future editions
by
agreement
this kind. Then, again, the Authors'
Rights may
disposed
way that
such
does not
assign
his seignory and the substance
his rights,
but only their exercise and produce (exercitium).
This
influence
he
of
is
he
in
of
can take place under manifold modifications
and limita
tions, but
every case the essence
Authors' Rights
parts with
remains with the author.
All
the
printing and publishing
pecuniary use, i.e., the right
work.
And
retains not only the intellectual
command over the future shaping
his work for new
disposal peculiar
authorship.
editions, but every form
This
not even precluded
transfer for all editions,
is
by
a
to
of
of
the
be
to
i.e., the perpetual exclusive use. The use and the spiritual
fathership appear
very different things.
And most
a
in
is
It
.
.
quoad jus, the other
quoad exercitium.
And the right
of
is
be
.” of .
is
of
of
by
is
if
certainly does the author (or his successor) continue
Now,
dominus
the transfer was made with limitations.
generally
brought
this
the state
affairs that
about
only
the Contract
Publication.
exceptional cases that
transfer
all Author's Rights
Under the common
will
found presumable.
contract “there are two claimants: the one
entitled
�GERMANY,
AUSTRIA,
HUNGARY,
one, but
latter is no absolute
the
AND switzERLAND.
is derivative
and
23
is
of
of
or
by
in
no
it
to
the publisher abandons his right
reverts
the author.
statutory law,
This theory meets with
obstacle
6.
If
of
of
5.
of
I.,
founded on the ‘Authors' Rights,” the substance of which
remains with the author.
.
.
.”: (End. II., 11-13.)
says:
Right
And Klostermann
“The
of Publication is not
to be confounded with Authors' Rights”; (Klo.
153.)
The Right
Publication for any number
editions
does not include the Right
Translation
(in case
dramatical works being published)
Public Performance;
nor does the author lose the control over future editions.
a
of
Switzerland, Art. 375:
and has explicitly been received
special understanding, the Contract
“In the absence
PLANNED
BY
to
it
as
of
IV.-WoRK
so
so
in
to of
Publication makes over the exercise
Author's Rights
publisher
far,
long,
the
and for
serves
secure the publication.”
ANOTHER.
of
a
3.
in of
by
2.
of
in
no
of
an
of
a
to
to
of
to
of
;
,
of
1.
of
be
joint authorship need not
The question
dealt
with here
but there are similar relations that are
copyright and publication has
interest
us. The law
supply, and
no cognizance
the amanuensis who intends
actually supplies,
contribution subservient
the pro
work,
vitally
determining
duction
the author's
but not
the substance
the whole (Wä., 184); such
assistant
has
Authors' Rights whatever
the resulting work.
work,
The mere completion
which the greater
part was written
another, does not always vest the
author
the completing part with independent Authors'
Rights
his contribution: (R.O.H., XVII. 39.)
An author who makes over his work to another
may
the understanding that the transferee
raw material for his own work, and without
as
in
reservation, will stand
the same legal relation
resulting work
the mere amanuensis.
to
a
on
as
it
author,
use
the
�24
THE
IN
CONTRACT OF PUBLICATION
4. But in no case may a literary production, or any part
of one, be given out as the work of another author who
has not written it in the form in which it is published:
XV.
(See below,
8.)
which someone orders a literary or
artistic work for his own use, but not for reproduction, is
not under our notice: (See VI. 2, ad fin.)
6. Where an author has worked on a plan supplied by a
publisher, the circumstances of the case may debar the
writer from acquiring Authors' Rights in the work pro
5. The
case in
of to
on
of
A
be
to
is
of
however,
of
merely the technical
single parts,
does not
so
its
embrace
the
substance
the work, but
finishing, the supplementary composi
is
or
a
of
interwoven
to
be
subordinate contribution that
with the whole; and when the employer
produce the substance
intends himself
the work and
actually produces it; then those contributors are mere
to
tion
the order
the integral
of
“When,
production
of
9.
in
as
a
is
of
in
its
in
a
its “
8.
an
:
as
or
he
or
:
A
of
A
of
is
or
it
of
a
it,
duced: (R.O.H., XVII. 39.)
employer
7. But the
who merely gives an external
impulse to the author's independent production acquires
no Author's Rights in
but only
claim
the valuable
use of
under the law
the Contract
Publication.
This
even then the case, when the publisher suggests
Dictionary
Chemistry,
determines
the topic (e.g.,
Compendium
Penal Law,
Series
Articles
Bimetallism, &c.) (R.O.H., XVII. 36.)
Even where the
publisher has supplied the author with single
editor
regarded
motives, ideas,
materials,
still only
(Wii., 186.)
the author's amanuensis
employer only acquires the rights
Such
author
ship who has laid out definite plan for the work which
entirety and
details,
governs
execution
that the worker
the instrument
another's ideas, not
only
undertaking the task
whole, but throughout
the workmanship”: (Wä., 192.)
�GERMANY,
AUSTRIA,
HUNGARY,
AND SwitzERLAND.
25
is the author of the resulting
original
copyright;
work and has the
and his artificers
have no share in the Authors' Rights, and their claims are
confined to such payments as may have been stipulated ”:
(Wä., 186.)
10. These principles are now regarded as decisive for
the interpretation and application of such statutory pre
scriptions as touch upon the subject.
[11. In Prussia, the author's control of future editions
amanuenses;
the employer
if
its
lapses, “when the publisher has conceived an idea and has
charged a writer with
elaboration,
the writer under
in
by
a
as
be
to
in so by
of
by
in
he
a
“If
a
a
:
§
§
of
”:
writing
special reservation
(Prussia,
1021.)
12. Austria,
1170
writer undertakes
the
plan laid out for him
elaboration
work after
the
publisher,
(the author) can claim nothing beyond the
remuneration agreed on.
The publisher has the free
copyright for all the future.”
provision has been accepted
13. This Austrian
Switzerland
Art. 291
the Code; “This article
applies
those cases only where the plan framed
the
publisher must
considered the main achievement,
that
takes the task without
it,
a
or
to
as
it
is
if,
or
employee
the writer appears
contractor
his
quite
thing
happens often
service.
But
another
enough, the publisher merely suggests the work
the
author,
plan for
perhaps lays down
the resulting
work being really the author's own independent produc
tion”: (Schneider, 509.)]
W.—CLAssIFICATION OF THE CONTRACT OF
PUBLICATION.
is
of
of
to
of
to
no
above
of
It
1.
apply
attempt
that
the traditional kinds
contracts
the
Contract
Publication has gained common acceptance.
To-day, the Contract
nearly universally
Publication
was remarked
the special rules
�26
THE
CONTRACT OF PUBLICATION
IN
be
of
to
its
on
It
us
to
by
its
regarded as a peculiar modern institution, a transaction
sui generis; it is subject to the general law of contracts,
but stands a distinct species, and
details must
jurisprudence according
treated
its special features.
would lead
too far, were we
trace the influence
of
to
to
be
2.
of
in
development
other institutions
this place.
How pronounced the isolation
the Contract
readily
Publication has seemed
some authorities, will
following
inferred from the
nonsensical
utterance
peculiar junction
dare, praestare,
the special
of
rather
nature
the
of
as
It I.
(Ger.
a
to
be as
of
in
of
of
by
but
in
and
actions
called for
the Contract
Publication.
Intellectual
workmanship
literary production, and the
the form
publisher's propagative activity are performances
just
original import
“dare" and “praestare,” and cannot
jurisprudence”:
reduced
more general term
facere,
in
a
found
of
be
a
which
celebrated jurist has committed himself: “The
distinctive feature of the Contract of Publication will not
459.)
an
of
of
That happens,
however,
some
where an author disposes
by of
of
a
to
is
3.
quite the exception for
author's business
pure category
transactions
fall under
Civil Law,
instead
under our typical Contract
Publication.
cases
of
it
the
of
at
a
to a
or
place
takes
deliver some specific work and
publisher
disposal
operis),
free
the
(loc. cond.
&c.
to
a
or
in
of
or
in
the
sale
at
a
of
as
noticed
donation
it;
manuscript and
all Authors' Rights
where
publisher
writer places his services
the free disposal
(locatio conductio operarum);
where
writer under
above,
Prussia,
WALIDITY, CoNSTRUCTION.
998, makes the validity
written agreement.
But
of
WI.-ForM,
of
Art.
a
of
on
a §
a
1.
the contract
272
the
Common German Code
Commerce declares the Contract
of Publication
commercial transaction when made with
dependent
�GERMANY,
AUSTRIA,
HUNGARY,
AND switzERLAND.
27
professional publisher, and as such it is released from all
formalities by Art. 317 of the same Code.
And as in
Germany, the law of the States is overruled by Imperial
legislation, a written agreement is now prescribed, then
alone, and only in Prussia, when the publisher is not a
corporation or private
tradesman, e.g., a non-commercial
person who may undertake a publication for public benefit,
for religious purposes, &c., or for profit : (Dern. 640.)
Nowhere but in Prussia has a written contract
been
prescribed
for our agreement.
At
the present day, the Contract of Publication is
universally regarded as a consentient contract—i.e., a valid
contract exists as soon as the parties have agreed on the
2.
points.
This
agreement may be inferred from
of the parties (R.O.H., XVI. 249);
e.g., if an author delivers a manuscript to a publisher on
having received certain proposals from him (Wä., 374);
or sends in a manuscript to a periodical : in either case
without a reservation.
But the intention of entering into
essential
the conduct
or acts
parties
reciprocal
are
is
Publication
to
construed
after the
The real
ascertained
well
contracts.
in
as
the
its copyright:
of as
principles
be
tentions
Contract of
of
A
3.
general
title
5.)
to
IV.
no
all copyright legislation,
(See above,
of
ing
to
is,
a contract must be inferable from previous transactions or
from usage; for the mere possession of a work
accord
in
be
it
be
no
of
to do
be
to
to
of
is
of no
of
to
possible,
consequences
and the reasonable
these
drawn; for
kept
intentions
must always
view that the relations between author and publisher are
capable
untold modifications which are restricted by
legal inhibitions. Then only, when there
evidence
the intentions
the parties,
the legal presumptions
construed, not only
take effect. These intentions are
according
the expressions used, but also
their previous
relations and transactions, the special nature
the
�28
THE
CONTRACT OF PUBLICATION
IN
business in question, and special circumstances to which a
trade-usage is attached.
In view of the complexity of the
relations established by the contract and of the subtlety
the principles of bona fides are here of
enhanced importance.
of its performance,
VII.-CHIEF
RESTRICTIONs.
contracting with a publisher must be
1. A person
entitled to dispose of the Authors' Rights in question
(Switzerland, art. 374); the author himself is liable to his
publisher for his exclusive Right of Publication, he must
inform the publisher of any previous disposal (Switzer
land, art. 374); even if such previous disposal does not
preclude the publication now contemplated. The publisher
can recover damages for defect of title of the author, if a
third person asserts with success an older right to the
work in question, or proves it to infringe a copyright of
his own: (Klo. II. 721; Dern., 642; Eis., 84.)
2. The author's future disposal of the work is governed
by two main principles (Wä., 280):
(a) He has curtailed his rights by constituting the
publisher's Right of Publication and is deprived,
to the extent of this right, of their exercise:
(b) He has implicitly, if not expressly, entered into
an obligation not to interfere with the publisher's
valuable interest in the Right of Publication.
The author, then, is limited to narrower bounds than a
third person that manages to escape a copyright action by
altering the form of the work sufficiently to avoid a tech
nical piracy.
The author is liable for every and any illicit
competition: (See X.)
3. On the other hand, the publisher is bound not to
make any use of the work not authorized by the contract.
[4. Legislation on copyright has gone farther than the
�GERMANY,
AUSTRIA,
HUNGARY,
AND switzERLAND.
29
law in insisting on the liabilities arising from
the contract.
In the German Empire and in Hungary, a
reprint of works made by author or publisher in violation
of their agreement, especially the production of a larger
edition than that which the contract allows the publisher,
constitutes a criminal infringement of copyright: (German
C.R.B., § 5; Hungarian C.R.B., § 6.)]
5. The prohibition of any disposal of the work by the
author, to the disadvantage of the publisher, is expressly
enacted by Saxony, § 1140; Hungary, $ 517; Switzerland,
common
Art.
375.
VIII.-ExcLUSIVENESS
OF THE
RIGHT OF PUBLICATION.
1. The transfer of the Right of Publication authorises
the publisher not only to copy and publish the work but
also to prevent others from doing so.
“This exclu
siveness determines
the very nature of the Right of
Publication as a valuable right, a property” (Wä. 108.);
it is the gist of the use transferred to the publisher.
2. Now in some cases the mere priority or even a licence
with that of any number of others may be of
value to a publisher. This will generally be the case with
“news; ” a newspaper's interest lies rather in bringing
concurrent
§
on
s.
2;
a
s.
of 9,
§
no
of
it.
important news before, or at least not later than its
competitors, than in preventing others from reprinting
Recognising this, the law
copyright affords the ephemeral
7b;
newspaper article
protection
(German C.R.B.,
4);
Hungarian C.R.B.,
Swiss C.R.B., Art. 11,
only where the value
the use depends
its exclusive
production against piracy.
ness does the law protect
gist
the author's work
3;
the
is
the
I.
:
article from
(See above,
of
to
presumed
The exclusiveness
publisher's consideration
wherever
is
newspaper
Publication
be
excludes the common
the Contract
of
the scope
II. 2.)
of
But this fact
�THE
30
IN
CONTRACT OF PUBLICATION
legally qualified for, and the circumstances point to the
intention of entering into a Contract of Publication, which
Literary,
is nearly always the case with “books.”
scientific and other contributions are usually disposed of
to periodicals under a contract of publication; but here
the exclusiveness
4. Sometimes
is limited : (See XI. 7 et seq.)
the author gives the publisher the
exclu
sive right to publish a work for certain districts only, and
if,
reserves the right of republishing other editions elsewhere;
certain complications are apt to arise regarding the collis
however, the
sion of the different publishers' interests;
it to
to
be
of of
of
a
a
to
6.
of
of
of
of
to
of
a
is
a
of
5.
of
et
it
to
author has avoided assigning more rights than were left
fight
dispose of,
him
will
for the publishers
out between themselves, under the copyright laws: (See
Kohler, 272
seq.)
contracting with
The author may reserve the right
another publisher about editions intended for other circles
library edition
readers; so,
often followed by
popular edition, &c. Though the co-existence
such
editions cannot fail
call forth some competition between
them, the valuable interest
each publisher generally
substantially unimpaired.
remains
This arrangement
publication.
allows
true contracts
Other modifications
this “Divided Right
Publication”
are possible.
An ordinary Contract
Publication can exist wherever the publisher has not
right
merely
copy and publish the author's work, but
from, and has
advantage
derives some independent
in,
protection
valuable interest
the
the author against
piracy.
IX.-ExTENT
OF
THE
PUBLISHERs' RIGHTS.
is
in by
is
is
to
1.
of
The number
editions that the publisher
usually fixed
produce
authorised
the contract.
frequently overlooked
settling the
But this point
�GERMANY,
AUSTRIA,
HUNGARY,
AND switzERLAND.
31
the agreement.
In this case, the right trans
presumed to cover one edition only, and the
permission
is requisite for every new edition.
of
ferred is
author's
Being a
Art. 1 of
terms
by
Saxe-Coburg-Gotha
and
of
specifically
§§
to
a
to
is
as
a
2.
of
§
of
on
to
he
a
to
on
of
a
an
§
by
$
522; Switzerland, Art. 377; and
1142.
[Austria alone gives the publisher
right
1164, 1167.
all editions:
Should
author
reservation, and
there have disposed
his work without
publish
later
desire
new and altered edition
through another firm,
indemnify the first
would have
publisher for copies
original
the
edition still
hand:
(Austria,
1168.)]
doubt,
presumed
In case
new edition
enacted
Saxony,
Hungary,
it
is
Prussia and
;
statutes
of
it,
common trade usage, this principle has, under
the German Commercial Code, invalidated such
viz.,
of German States as conflicted with
certain
number
what was stipu
1015.)]
($ of
for the first one
:
by
the author for half
of
as
If
remuneration
a
lated
3.
been disposed
of
to
:
stand under the same agreement
the preceding one
(Switzerland, art. 384.)
[In Prussia, however, the law
presumes the second and following editions each
have
copies have been agreed on,
he
as
to
in
of
§
as
if
to
is
to
print them, and most certainly
the publisher
bound
print
not
more.
But
the contract leaves this point
unsettled, the publisher may print
many copies
(Hungary,
520;
Switzerland,
likes:
art. 377.)
[The
limiting the edition
Saxony stands alone
code
copies, where
a
as
he
he a
in
as
4.
to
be he
of
a
is
(§
a
the contract has not fixed
certain
1142.)] The publisher may not, however,
produce
smaller edition than
consistent with
bond
fide performance
the contract: (See XV. 5.)
If, then, the publisher chooses
run the risk,
print
may
many copies
likes. But they must
If, therefore, the work finds more
produced
one lot.
reception
may
favourable
than the publisher hoped for,
1000
number:
�“printing
of
a
to
no
bounds
of
up
he
of
to
printed
copies.
for him
determine the number
the publisher has once made
his mind and
copies,
certain number
himself has set
right
produce
the edition and has
a
“When
his shelves under pretence
lots,” although
was
several
to
originally
gaps
the
the edition
it
fill
not
IN
CONTRACT OF PUBLICATION
in in
THE
up
32
at
notice and without considerable
publisher's
Right
expense.
be
shortest
a
of
he
5.
”:
reprint without the author's permission
(Blu. II. 509.)
The publisher may consequently neither stereotype
the work nor leave the type standing without the author's
permission and control, i.e.,
may not procure himself
producing
surreptitious edition
the means
the
of
a
a
as
be
to
is
of
so
of
as
to
to
it
or
of
to
to
of
if
all a
to
6.
he
of
Publication may
certain space
time. When the term expires,
rights from the contract.
loses
But
the contract,
limiting
Right
besides
the
Publication
certain
term, authorises
produce
the publisher
certain
copies
editions,
number
will
construed
authorising the publisher
sell, even when the term has
produce,
expired, the copies that the contract allows him
merely terminating the exclusiveness
and
his Right
Publication,
dispose
that the author
then free
elsewhere of his work.
The
limited
X.—SPECIAL
LIABILITIES.
confined
in
specific wrong (i.e., infringement
right):
of of
to
a
is
a
of
1.
as
against third parties
“Whilst the publisher's rights
only
reproduction
cover
one and the same work
the
rights
same form; and any encroachment on his sphere
copy
It to
no
in
by
is
restricted, over
the party contracting with him
engagement,
way
and above,
the conventional
on
its
by
it
to
a
of
in
be
of
interfere with the exercise
the stipulated rights.
trust,
would
the teeth
contract entered into
possible for the author
were
render the right assigned
illusory
realisation, though not
actions preventing
�GERMANY,
AUSTRIA,
HUNGARY,
AND SwitzERLAND.
33
happening to involve a criminal infringement”: (Wä., 346.)
Any proceedings prejudicial to the legitimate interests of
the publisher make the author liable for damages to the
full
of those interests, i.e., the trade-value of the
on the publisher's hands: (See also Kohler,
extent
copies still
293.)
2. This does not say that the author may not publish
any new work on the same subject.
“In no case has the
publisher a right to prevent am altered edition altogether.
For it is of
the essence of intellectual productivity that
it
continually innovates,
As
and is expanded, and replenished.
little as the author can prevent others from making use
of his thoughts when once published, can the publisher of
a certain work hinder the author from modifying the issue
of his mind, and from giving the public access to the new
production”:
(Wä., 294.)
It remains to be seen, how
the conflicting interests may be reconciled under different
circumstances.
3. In some cases the question of damages is altogether
precluded.
the work is quite antiquated or can be
quite
unsaleable, the author may publish a
shown to be
If
of the same matter at his pleasure, for
publisher's
then the
interest has practically expired.
4. The author may publish an essentially different work
on the same subject, even if the previous publication
should thereby lose the public's interest.
5. But in either case (viz. 3 and 4), the author is bound
to observe any agreement entitling the publisher to a new
new elaboration
elaboration of the same subject.
6. The Prussian Board
of Literary
rischer Sachverständigenverein),
opinion
:
firm
work on
has
Experts (Litera
the following
given
for the author who has given a
bookseller his work for publication cannot therefore be
forced to abstain from publishing by the agency of another
a
“
.
.
.
a cognate,
or even the same, subject,
D
so
�34
THE CONTRACT OF PUBLICATION
IN
long as it is a new, independent, production of the mind.
It is altogether irrelevant to the questio facti of infringe
ment of copyright, that the new work may enter into com
petition with the previous publication, or even render it
unsaleable.
As soon as the new work is found to be a
new work of the mind, the author is free of any imputa
tion of piracy.
This only is legally prohibited, that the
author encroach on the rights of the first firm by giving
to another firm a work, the contents of which are identical
with those of the previous work, so that it is but a
”: (Nov. 18, 1870.) It stands
to reason that the author's bona fides must be unimpeach
able.
mechanical
reproduction
7. An author desiring to publish an edition with altera
tions that do not suffice to qualify the work as a new
production within the meaning of the principles laid down
above, must buy up the copies on the hands of the pub
lisher at their trade price: (Prussia, § 1019; Austria,
§ 1168.)
8. If the publisher is entitled to further editions [in
Austria, whenever the author has not limited the right
transferred to the publisher] the author must offer the
publisher the new edition; only when he has met with a
refusal may he dispose elsewhere of his work: (Wä., 295.)
9. The author has, however, an unlimited right of pub
lishing separately additions or corrections.
10. These principles imply that the author may not, in
the absence of a special understanding, incorporate a work
made over to a publisher into a collective edition of his
works produced by another publisher. The following is a
decision of the Supreme Tribunal of Stuttgart (of Jan. 18,
1848): “On the general principles of contracts, a writer
may not encroach on the right transferred to his publisher,
and most especially
may he not enter into a contract with
a work already surrendered
for
a new publisher about
�GERMANY,
AUSTRIA,
HUNGARY,
AND SWITZERLAND.
35
publication. This, however, takes place as soon as the
author incorporates a work that has appeared as an inde
pendent publication into an edition collecting all his works,
produced by another publisher before the rights of the
first publisher have expired.
As the individuality of each
single work is not here consumed by that of a aggregate
of higher order, such a collection cannot be regarded as a
new work.”
11. The same restriction binds the publisher: in the
of a special agreement to this purpose, he may
neither publish separately works that he is entitled to
absence
publish as an aggregate, nor may he produce a collective
edition of works by the same author, which he has acquired
separately in the course of time.
On the one hand, few
authors would like to see a collection of essays written as
an organic whole, torn asunder and published separately.
On the other hand, the term, “The Complete Works of
Mr. N.N.” implies an important qualitative distinction
from the mere plurality of separate works of one author;
“for a collective edition is supposed to be the complete
organism of the author's intellectual work”: (Wii., 299.)
The opening words of Macaulay's preface to his “Essays”
bear strongly upon this view.
XI.-Con TRIBUTORs
To
Coll ECTIVE
WORKs.
relations arise where one literary enterprise
unites the contributions of several authors: (See Kohler,
Special
278 et seq.)
1. We have
not
to
deal
here
with
collections
independent
of
works that appear separately in the market,
united by some merely incidental indication of a common
or similar destination: as a series of independent mono
graphs on special topics of one science, or series for
certain
circles
of readers (e.g., Workmen’s, Students'
Series), or series of novels uniformly got up.
Here every
D 2
�THE CONTRACT
36
IN
OF PUBLICATION
work is the object of a special contract, and neither the
publisher nor the author will derive, in the absence of an
understanding, any particular right from the fact that it is
introduced to the public as one of a series.
Only
2.
such works are legally treated as “collective
as appear as an indivisible whole, as, Encyclo
paedias, Dictionaries, Collections of Essays or Treatises.
3. Here the editor acquires a copyright in the work at
works”
large, concurrent with the copyright retained by each
author regarding his own contribution: (German C.R.B.,
§ 2; Austrian C.R.B., § 1a, $2; Hungarian C.R.B., § 2);
“for to him the work owes the production of its funda
mental idea and of the organic connection of its elements”
(Wä., 203); he has consequently an unlimited Right of
Publication for all purposes for which the authors made
their contributions. An author may not, by withdrawing
his contribution from subsequent editions, prevent the
exercise of the editor's original copyright in the whole.
4. An editor to whom all Authors’ Rights in another
of course,
proved,
is
total transfer can
presumable
of it
he
may,
chooses.
be
But where
IV.)
(See
whenever and wherever
no
work have devolved
no
5.
reprint
it,
person's
a to
an
it
in
or
be
to
of
in
that the author consented
use
his
contribution beyond its reproduction
collective work
the kind described
him (Wä., 305), the alienation
interpreted
strictly;
publisher can
will
the editor
publish
any
separately,
neither
the contribution
nor
other work than the one
was intended for.
to
it
in
by
no
an
of
limited
by
is
is
his work
the publisher's
may not publish his contribution
in
use, i.e.,
he
future disposal
of of
a
of
to
is
6.
An author who has merely authorized
editor
reprint his work
putting
bound
restrictions
If, however, the transaction bears the
other purposes.
Publication, whereby
criteria
real Contract
transferred,
exclusive Right
Publication
then the
another
�GERMANY,
form
until
AUSTRIA,
the
AND switzERLAND.
37
(or editor's) speculation
is
HUNGARY,
publisher's
ended.
7. The more ephemeral the character
of the collective
work, the less is the author restricted.
“The importance
of the periodical passes away with the moment of its publi
cation.
The single articles in a newspaper or journal
reached
their destination as soon as they are
published; at any rate, it is immaterial to the publisher
if later on they are reprinted and remembered.
But the
less the periodical is of merely transient interest, and the
nearer the single essays approach to independent works,
the less may the author dispose of them to the publisher's
disadvantage”: (Blu. II. 509.)
8. In an Opinion of May 3, 1843, the Board of Literary
Experts laid down the following as customary law: “The
publisher of a periodical that addresses itself to the interest
of the day only and has no scientific tendencies, may use
the contributions but once, and his rights in them are
limited to the period within which the original edition of
the periodical circulates in the world of literature and still
excites interest.
The author has to conform to these
have
rights of the publisher, and is bound not to republish
contributions to a periodical until that period of interest
has passed by.”
9. Recent legislation has accepted the principles laid
down here as fixing the limits of authors’ and publishers’
rights, but has given them a greater precision as regards
the duration of publishers’ rights.
[10. German C.R.B. § 10, settles the question for the
German Empire as follows: “In the absence of an agree
ment providing otherwise, single essays, treatises, &c., that
have appeared in periodicals, e.g., journals, vademecums,
almanacs, &c., may be published elsewhere by the author,
even without the consent of the editor or publisher of the
work in which they were inserted, as soon as the two years
�THE CONTRACT OF
38
IN
PUBLICATION
have expired
that began with the end of the year in the
Note, that
of which the publication took place.”
this privilege refers to contributions to periodicals only.
11. Switzerland, art. 376: “The author may immediately
republish newspaper articles and smaller essays from
periodicals.
The author may not republish contributions
to collective works or larger contributions to periodicals
course
of three months after the complete
publication of his contribution.”
Note, that in Switzer
land any contribution to the most important collective
work, not only to newspapers, &c., may be disposed of by
the author, at the latest after three months.
“An exact
dividing-line between the smaller essays of the first
section and the larger contributions of the second section,
(Schneider, 501.)
cannot be drawn
to
Hungary,
the authors'
517, we find
still greater deviation,
advantage, from the general principles:
a
12.
§
In
'':
before the expiration
“An
of
as
at
as
to
or
a
of
if
in
or
a
author who has supplied
collective work with
contributions may republish them separately
his collected works,
those contributions were not, though
parts
collection, independent objects
sale.
Smaller
journals
periodical
works that have been delivered
publications are
the author's free disposal
soon
they have been published.”]
certain
XII.-TRANSLATION.
to
be
of
a
on
of
it
to
no
is
§
is
of
in
1.
Publication, the
an unlimited Right
implied
Translation
never presumed
(Hungary,
518; Switzerland, art. 382); and the pub
lisher
more entitled
than any third person.
pre-existing
On the other hand, the mere correction
translation will not confer Authors’ Rights
the editor:
Even
Right
(R.O.H.
39.)
or
of
If
the Right
Translation
(complying
the title sheet
with copyright laws)
2.
on
XVII.
the author has reserved
�GERMANY,
AUSTRIA,
HUNGARY,
AND SwitzERLAND.
39
he may publish a translation without the
original publisher's consent.
If the author, however, has
not given his publisher to understand that he intended
himself to produce or countenance a translation, he is
liable for damages, where the publisher can prove the sale
of the original work to have been seriously impaired by
the publication of a translation: (Wä., 318; Klo. I. 146)
and provided that the publication of a translation
involved a breach of good faith on the author's part.
3. But in no case is this liability from the contract to
be confounded with the infringement of copyright con
otherwise,
stituted by an unauthorised translation produced
third person.
XIII.-PERFORMANCE
by
a
BY THE AUTHOR.
1. If a contract is made about a work that is ready for
reproduction, the contract is performed by the author with
the delivery of the work in the condition it was in when
the contract was made : (Klo. II. 721.)
2. If a contract is made about an unfinished work, the
author is bound to bring the object into existence, the
Right of Publication of which
he has transferred to the
publisher. The work must be executed by the author
himself, so far as the individuality of his mind is likely to
influence it (L. 31 Dig. de solut., 46, 3; End. I. 817); the
work of an amanuensis employed by him must be over
shadowed by the activity of his own mind: (Wä., 322.)
3. The author must conform to the contract throughout
the execution of the agreement (Wä., 323); conformity
to the agreement implies the observance of all under
standings about the form, size, completeness of the work,
and the time of delivery
:
(End.
I. 814.)
several States this conformity to the contract is
enforced by special enactments.
[Prussia, §§ 1008, 1009:
the author finds it neces
4.
In
“If
�40
THE
CONTRACT OF PUBLICATION
IN
sary
to alter the volume or arrangement
of his work
before it is put in print, the publisher has the option of
countenancing
the alterations or withdrawing from the
But an author who makes such alterations after
contract.
the printing
has begun, without the publisher's consent,
is liable to the publisher for any damage ensuing there
from.”
“If the author fails to deliver the
work at the time or in the condition agreed on, the
publisher may withdraw from the contract; and he can
recover damages of the author, if the performance failed
through any negligence of the author's.”
6. Hungary, § 516: “The author (artist, draughtsman,
&c.) is bound to deliver the stipulated work to the
publisher in the condition and within the time agreed on.
If, by any fault of his own, the author fails to perform
this obligation, the publisher has the option of (1)
enforcing the specific performance and recovering damages
from any disadvantage ensuing from the delay; or (2)
recovering damages for breach of contract; or (3) he may
treat the contract as null and void.”
7. Switzerland,
Art. 379: The author is liable for
5. Austria, § 1166:
unforeseen
expense caused by belated alterations.]
the interpretation
of such enactments
is
by considerations
like the following:
“As
regards topic and contents, the author's workmanship
enjoys the most extensive freedom, which is intimately
8. But
governed
connected with the advantage expected by him; and then,
too, the publisher has in this respect trusted to the
author's reputation ”: (Walter, 357.)
“A contract about
a work that is not finished binds the author in so far only,
as he may not make such alterations of contents or volume
as would make the work quite a different thing”: (Eis.,
85.)
“Even
where
it is
certain what has been agreed on,
the doubt arises, especially where the contract is concerning
�GERMANY,
AUSTRIA,
HUNGARY,
AND switzERLAND.
41
works that are still to be executed, whether every deviation
must be considered a breach of contract producing legal
consequences.
The nature of such workmanship refuses
to countenance that the author should under all circum
be bound to observe the agreement to the last
On the other hand, the publisher must not be
made absolutely dependent on the author's whims and
fancies.
No legislation and no theory will be able to
draw the sought-for boundary line between freedom and
bondage; that is only possible on examination
of each
stances
letter.
case as
In
it arrives”: (End. I.
reality
then,
814.)
restriction of the author is
marked out by the real interests of the publisher, and
alterations within these limits involve no breach of
9.
the
contract (Klo. I. 146); this holds even where the contract
was made concerning a work that was finished and had
by a publisher on examination
been accepted
of it:
(Klo. II. 722.)
The author may, in particular, alter the
text for every new edition, if no considerable expense or
of the work is thereby caused (Klo. II.
733); if the publisher refuses to countenancesuch legitimate
alterations, the author will be at liberty to contract with
depreciation
another publisher for the new edition: (Stobbe, 290.)
10. In Switzerland, art. 379, the author's right of
altering his work is most emphatically insisted upon : “As
long as the author is able to do so, he has a right to make
such corrections and improvements of his work as he may
consider necessary; but he is liable for unforeseen costs
ensuing from such alterations.
The publisher may issue
no new edition or reprint without first offering the author
an opportunity of making the necescary improvements.
This right is a personal right of the author's, and does
not descend to his heirs.
But the publisher may object
to alterations that would injure his interest in the publica
tion, or enhance his responsibility.”
�42
THE
CONTRACT OF
PUBLICATION
IN
11. The publisher has no claim to alterations by the
author for new editions, if the contract does not set forth
this obligation (Stobbe, 290); or where such alterations
are not essential to the integrity of the work and therefore
If, however, the sale
implicitly agreed on : (Wä., 326.)
of a new edition to which the publisher is entitled, is
manifestly dependent on a revision of the original work,
and
if
in spite of representations
the author refuses or is
unable to undertake the revision himself, the publisher
may cause the necessary improvements to be made by any
other competent person (Wii., 327); in this case the
additions must, by suitable typographic arrangements,
made distinguishable from the original text: (Klo.
be
II.
732.)
rule,
author alone is competent
to
the intellectual organism
of his work to be
complete or incomplete.
But in some cases the incom
pleteness is self-evident
(e.g., an unfinished biography)
(Wä., 325); here, or where flagrant blunders are dis
covered, the publisher may insist on completion
or cor
12. As
pronounce
a
the
rection.
13. The author's liability for faults that diminish the
commercial value of his work falls under the cognizance of
the general private or commercial law of each State (Klo.
721); if such faults can be neutralized by supplements
II.
or appendices, the author is liable for the extra expense:
(Klo. II. 720.) But the author can never be held liable
for the internal literary value of his work: (Klo. II. 721;
End. I. 814; Dern., 642).
14. Where the author causes unforeseen expense by
belated alterations or by exceeding the volume agreed on,
the special facts of the case and his bond fides will have to
be taken into consideration
when his liability is under
judgment (Dernb., 641); trade usage allows him a certain
latitude : (Wä., 348.)
�GERMANY,
15.
the
It
AUSTRIA,
HUNGARY,
AND switzERLAND.
lies in the author's free choice to co-operate
or not, if he has not entered into
correction
43
in
an
to do so (Klo. II. 722); provided that his
supervision of the printing is not essential to the production
of the work, as where his manuscript was more or less
illegible, or where special knowledge is required, e.g., in
works, works in foreign languages,
mathematical
&c. :
(Wä., 349).
16. The author is bound to deliver a manuscript suitable
for reproduction.
The publisher may refuse illegible
writing.
Every part of the work must be in
proper
place: (Wä., 329; Blu.
61; Schneider, 499).
delivery
course, determined
17. The term
by
If
any
of
of
is,
I.
its
engagement
of
is
to
be
of
in
relevant clause
the contract.
the instrument
does not prove what the intention
the parties really was,
optional with the author:
presumed
the term
(Geng., 533; Eis., 83); but the circumstances
the special
Prussia, the publisher may call
binding term,
the appointment
on
[In
an
it
be
be
case and trade usage may indicate the proper term (Klo. II.
721); and the delivery may not
deferred to, any
may
more than
demanded at,
unreasonable
time.
he
he
of
of of
of
a
of
of
In
-
(§
to
a
of
the author
may,
for
and
comply
request,
should the author refuse
with this
1004;
withdraw immediately
from the contract:
Eis., 83.)]
any case
18.
doubt the publisher can apply for the
judicial appointment
delivery.
term
The court
justice would take into consideration
the general way
living and working and any concurrent occupation
the
sufficient
is
if
volumes
however, the work
parts,
it
is
successive
work.
If,
the whole
or
appear
in
to
manuscript
of
is
-
of
author's (for
entered into the contract
under these
lasting conditions
life) (Wä., 330); besides the nature
of the work and other circumstances.
19. The author
not released until he has delivered the
�44
THE
IN
CONTRACT OF PUBLICATION
publication
:
its
he delivers the manuscript for each section in due time for
(Wii., 331.)
remains
the author's property.
[Baden alone has enacted the contrary: according
$577
D., the publisher acquires the manuscript
property.]
The publisher may retain the manuscript until the
reproduction
finished.
manuscript
is
as
D.
to
20. The
XIV.-PUBLISHER's
REMEDIEs.
:
to
his (the
516; Geng., 532; Bes.,
occasioned
§
any losses ensuing
from delay
author's) negligence: (Hungary,
945; Eis., 83; Klo. II. 722.)
by
to
is
2.
I.
§
to
or
1.
an
An action for specific performance lies against
perform duly
perform altogether
author failing
(Hungary,
516; Wä., 334, 386; Stobbe, 291; Geng.
539; Ger.
461; Klo. II. 722.)
indemnify the publisher for
The author
bound
in
be
by
of
subject: (Stobbe, 292; Ger.
946; Eis., 83.)
I.
461;
the work
the public
the
Geng., 533; Bes.,
value
in
of
the delay, e.g., where the commercial
depends upon the transient interest
of
in
or
or
to
If
3.
the delivery fails
take place
due time, the
publisher can withdraw from the contract, provided that
altered,
the quality
value
the performance would
the publisher's interest
the contract diminished,
In
4.
this case the publisher can, besides withdrawing,
recover damages for damnum emergens and lucrum cessans.
The same action
lies against an author, where an action
to
of
in In
5.
or
delivery,
for
has not led
where the
negligence
author's own
has rendered the performance
impossible: (Wä., 386; Stobbe, 291.)
withdrawing
some states the publisher's right
holds
other cases also:
performance
to
In
[(a)
Prussia: The publisher can withdraw when
ever, and from whatever cause, the author fails
perform
�GERMANY,
AUSTRIA,
HUNGARY,
AND switzERLAND.
45
within the stipulated term (§§ 1000, 1001); and if the
author refuses to appoint a term of delivery when
requested to do so: ($ 1004.)
(b) In Austria: If the work is not delivered at the time
or in the condition settled by the agreement (§ 1166);
this right is not contingent on the author's negligence.
(c) In Hungary: If through the author's negligence the
stipulated term of delivery and qualities of the work are
of
a
by it,
is no
or
to
be
not complied with : (§ 516.)]
6. The action for specific performance
aims at the
delivery of the manuscript. If the author is in possession
of a complete copy, it may be seized under a writ of
execution (Stobbe, 292; Klo. II. 723; Bes., 946; End.
II. 16). Where the general law allows of the defiant
specific performance
author will
held
means
fine
even imprisonment (Wä., 335); especially where
of
has made the productiveness
of
he
a
is
of
the work
lower intellectual range, i.e., where
special inspiration, &c., but only the writer's goodwill
requisite for performance (Klo. II. 723.)
“For
who
his mind the bearer
an
that his
intellectual powers were subject and subservient
his
degree that
promise
will
such
due completion and
delivery was founded
entering into
firm basis; and
obligation,
such
divested himself ipso facto
the
plea (not unreasonable
itself)
the action for per
formance, that the activity
the mind could not
submitted
the coercive measures
the judiciary.
The
plead
author can
none but true hindrances that have set
through
negligence
his own, and that might
compared with vis major; and the validity
such pleas
pronounced
must,
however,
the court.
We
admit
that there are innumerable valid pleas”; (Geng., 540.
541; confer Ger.
461, n.)
And Bluntschli says, with
regard
the promise
deliver the work: “This
has
contractu,
must
have been convinced
of
a
of
be
in
is be
by
he
to
to
I.
on
of
of
in
no
to
of
of
in
an
he
in
on
a
a
to
to
ea
obligatio
�46
THE
.
CONTRACT OF PUBLICATION
IN
As, however,
promised, and he has to fulfil his promise.
the individual produce of a mind is here in question, the
individual circumstances of the author must be considered.
The creative powers of the mind cannot
be bound by
and defy any extraneous coercion.
On the other
disposi
hand, they are dependent upon the ever-changing
contract,
tion and faculties of body and mind of the author himself.
This susceptibility is recognised and presumed by the
Contract of Publication, and limits the author's obligation.
We find that in the following cases: (a) Not only
health wholly incapacitating the author for work, but also
an important change in his course of life depriving him
of the time or of the elasticity of mind indispensable for
work of this kind, are to be considered a sufficient reason
ill
for releasing him from the obligation of performance.
He may not, however, plead such hindrance and at the
same time undertake
other
similar works.
Not the
plea, but the real obstacle alone affects his
liberation.
(b) Such circumstances,
if lasting, would
warrant the author's withdrawing altogether from the
of
above)
appreciation
possible
a
the several
applicable
in
is of
which
essential
here
as
as
Wà., 389, &c.)
the nature
the work, and
of
will
have
to
of
course,
seq.; similarly
:
506
of
II.
et
(Blu.
careful examination
all concomitant circumstances,
7.
of
Bona fides
A ":
contract.
there
is,
technical
determine
(partly indicated
case.
“The judicial
perfectly free.
They
aspects
given
whether
admitted
(Klo.
to an
pretext”.
on
II.
or
to
be
to
if
or
be
is
the hindrances
entirely subjective, i.e., conscientious
doubts
only these subjective obstacles
personal considerations,
stringent motives for the author
appear
withdraw
from the contract.
But the author cannot withdraw at
random, without any substantial reason,
some mere
may
722.)
The authorities are not agreed
author, pleading personal objections that are
liberate him from the performance,
but which
�GERMANY,
AUSTRIA,
HUNGARY,
AND SWITZERLAND.
47
to actual and absolute impossibility of
ought not to indemnify the publisher for
do not amount
performance,
such damnum
emergens
If
as the avoidance
has caused.
the author's reasons for withdrawing are not
found sufficient, to say nothing of a wanton withdrawal,
for the purpose, e.g., of contracting with another publisher,
8.
his plea of “subjective impossibility” will not be admitted,
and the publisher will recover damages to the amount of
his interest in the due performance.
[This holds in
Prussia under all circumstances, if the work in question
appears within a year from the dissolution of the contract,
but under the auspices of another publisher: (§ 1007.)]
9.
a reliable standard for the assessment of damages
If
is not otherwise obtainable (e.g., from the actual results
of the publication by another publisher), the court of
justice will assess them, assisted by experts, to the amount
of profit that was likely to ensue from the publication,
in addition to the amount by which the publisher is
t
actually out of pocket.
XV.-PERFORMANCE
PUBLISHER.
BY THE
We have seen (II. 3) that the author's consideration is
presumed to consist in the reproduction and publication of
his work by the publisher, and that this obligation is an
essentiale of the
Contract of Publication. The publisher
his right: (Eis., 85; Kohler,
does his duty in exercising
is,
285).
cannot release himself
payment
of
a
profit (Eis. 85);
withdraw
wants
to
he
by
(Wä., 340); and
of
loss instead
from some other reason
he
nor
if
reasons for expecting
a
of
he
of
he
on
$
§
to
1. The first, then, of his obligations
have the work
519; Switzerland,
printed: (Saxony,
1141; Hungary,
art. 372, art. 378.)
The publisher cannot avoid this
losing his hopes
profit (Klo. II. 724);
cannot even
Publication, when
then abandon his Right
has good
�48
THE
CONTRACT OF PUBLICATION
IN
the stipulated fee (Stobbe, 287); for the author's right to
the fee is an independent obligation: (Wä., 341.)
2. The reproduction
must take place in the manner, to
the extent, and within the time stipulated by the contract
or presumable as tacitly agreed on : (End. I. 816.) Where
the special intentions of the parties are not to be ascer
tained, the particular circumstances of the work, as, its
volume, the urgency of the publication, technical difficul
ties, &c., will usually prescribe a term for finishing the
production. The author may apply for the judicial appoint
ment of a term.
In the absence of a special understanding,
the work must be put in print immediately on delivery of
the complete manuscript, and the production must proceed
without intermission: (Eis., 85 ; Klo. II. 723.)
3. In the absence of a special agreement, the publisher
may get up the book entirely after his own judgment and
taste (Saxony, § 1141; Baden, § 577, D.E.; Klo. II.
724; Eis., 86; Geng., 534); but the technical execution
must be suitable (Saxony, $ 1141; Switzerland, art. 378);
and adequate to the purpose and importance of the work
(Hungary, $ 520).
For the reproduction, typography is
presumed to have been agreed on (Klo. II. 723).
The
quality and correctness must come up to a fair average
(Wä., 342), which involves the responsibility of the
publisher for the correction (but see XIII. 15). If the
publisher grossly neglects these claims of the author (if,
e.g., the utility of the work is appreciably
diminished by
errata),
an unusual number of
the author can demand a
new
reproduction and
(Eis., 86; Dern.,
recover
damages
for the delay:
642.)
4. The publisher has to put the whole of the manuscript
in print and may suppress no part delivered, not even
indices, &c., that he may himself think wholly
superfluous: (Wä., 343.)
5. Where the agreement has not fixed a certain number,
prefaces,
�GERMANY,
AUSTRIA,
HUNGARY,
AND switzERLAND.
49
the publisher may determine the number of copies at his
own discretion (see IX. 3, 4); for not only must he be
the best judge of the market, but the publication takes
place at his risk and expense: (Wä., 270.)
But he does
not perform duly, if he does not produce a reasonable
number of copies (Wä., 343); and at the author's bidding
he must cause at least so many impressions
to be taken, as
a proper publication demands: (Switzerland, art. 377.)
6. The same obligations devolve upon the publisher
he has expressly entered into an agreement
to
publish further editions, when the first one is disposed of.
If he has not done that, but merely acquired a right to
the future editions (which is always presumed to be the
case unless the engagement
is explicitly stated in the
clause disposing of the coming editions) the author may
call upon him to put the work again in print as soon as
the present edition is sold ; the author may apply for
the judicial appointment of a term, on the expiration of
which the publisher loses all rights in the work if he has
failed to produce a new edition : (Switzerland, art. 380.)
[In Hungary alone is the principle of this contract (viz.,
Right of Publication—obligation to publish) consistently
applied to future editions.
Hungary, $ 522, says:
where
&4
if the future editions were assigned, the
publisher is bound to produce a new edition immediately
on completion
of the sale of the preceding one.” And
§ 523 provides the author with every desirable remedy:
XIX.
5.)]
The author has bestowed the Right of Publication on
the publisher, but beyond this exactly defined right he
has transferred no particle whatever of his Authors’
Rights.
No power, then, is vested in the publisher that
(See
7.
would entitle him to alter the work, whether by additions
or omissions, without a special authorisation: (Switzerland,
art. 378; Hungary, § 519; Bes., 946; Dern., 643;
E
�50
THE CONTRACT OF PUBLICATION
IN
Eis., 86); and he must leave every word as it stands in the
manuscript: (Wii., 359.)
He may not even alter unim
portant details, as, single
expressions,
the
author's
spelling, except obvious slips of the pen, not to mention
the arrangement,
the sequence, or the connection of the
parts, &c.; (Wä., 345.)
8. “The editor of a journal or other compilation stands
in a relation to contributors that differs somewhat from
that of the publisher who has to reproduce the author's
work without any alterations; the editor undertakes, not
an exact reproduction, but the insertion of the contribution
in accordance with the proportions of the whole, as
determined by his editorial functions.
The editor, then,
of an encyclopædia is entitled to suppress such parts of
the contributions as would conflict with the standpoint
and tendencies of the work at large, but this principle
may not be understood
to sanction the falsification of the
contents; for the contributions were made in expectance
of none but the usual and necessary editorial alterations:
(Blanc. Traité, p. 100.) The authorisation to make such
alterations involves no right to wholly remodel the
author's work; the permission, on the other hand, to
wholly recast the work, will warrant the insertion of it
with but a few unimportant alterations”: (Wä., 346.)
XVI.-SALE
OF THE WORK.
1. The author, says Bluntschli, has not bargained
to
have his work stored up at the publishers; he wants to
see it spread abroad.
And one of the publisher's principal
duties is to do his best to bring about a good sale :
(Saxony, § 1141; Hungary, § 519; Switzerland, art, 378.)
He must proceed with the solicitude of careful booksellers,
as defined by the institutions of the trade, even if he has
no prospect of profit (Klo. II. 724; Wä., 352); and he
must employ the usual ways and means (Switzerland
�GERMANY,
AUSTRIA,
HUNGARY,
AND switzERLAND.
51
art. 378; Eis., 88; Stobbe, 287; Geng., 534); in case of
litigation, the court will appoint experts to examine
whether the publisher made due efforts to sell the work:
(Dern., 642; Stobbe, 287.)
2. The publisher is bound to distribute copies for
review and to issue public advertisements
of the work:
(Switzerland, art. 378; Klo. II. 723; Wä., 352; Stobbe,
tion that the
cannot avoid the usage
(Blu.
II.
and
must
bear
expense
the
’’:
advertisements are but part of the publica
author may claim.
The publisher, then,
“Public
287.)
511.)
or
do
to
to
if
is
he
of
as
if
a
to
he a
sale: (Stobbe, 287;
may not, without
new contract
duce an edition once destroyed,
regard the chances
the work
destruction.
pronounce
bring about
On the other hand,
with the author, repro
should happen
improved
since
to
likely
to
if
experts were
he
exertions
his part
Wä., 353.)
as
reasonable
the edition,
on
new production
of
a
a
be
be to
be
3.
The publisher may not destroy the copies remaining
on his hands,
the sale proves
difficult
slow
(Wä., 352);
only entitled
that, when the
positively unsaleable, when
work proves
further
reasonably expected (Klo. II. 724); the
sale cannot
rash destruction of the work would render him liable for
the
fix
to
is
to
he
is
if
be
to
at
it
is
4.
As the edition
the publisher's property, and, more
over, risk and expense are his,
for him
the price
sold,
which the copies are
the contract does not
provide otherwise.
respect
But here, too,
bound
of
by
an
is
in
a
in
proper sale
the author's interest
the book, even
where the author
not interested
the financial success.
he
:
Ś
$
He may not, then, impede the sale
unreasonable
price
(Saxony,
1141; Hungary,
520; Switzerland,
arbitrarily reduce the publication
art. 378. Nor may
E
2
of
or
or
price under circumstances that might damage the author's
literary fame
scientific
the commercial
value
�52
The CONTRACT OF PUBLICATION
future work of his : (Eis. 88; Klo. II.
the court to decide, in case of litigation,
lisher's course of action in reducing the
was justified by the circumstances of the
XVII.--THE
IN
724.)
It
is for
whether the pub
price of a book
case.
AUTHoR’s REMUNERATION.
1. The stipulation of a fee is neither an essentiale of,
nor even inferable from, the Contract of Publication in
itself. On this point all authorities are agreed: (See II. 3.)
Yet, a pecuniary consideration joins, not only frequently,
but mostly, with the author's literary, &c., interest (Ger.,
459); usually by the stipulation of a definite or definable
sum of money that the publisher is to pay over to the
author: (Saxony, § 1143; Austria, § 1165; Hungary, $525;
Switzerland, art. 383; Stobbe, 292; End.I.817; Dern.,642.)
2. The publisher
is bound to remunerate the author
of the case point to this, that the
reasonably
not
have
been expected without
transfer could
a remuneration : (Hungary, $ 525; Switzerland, art. 383;
when the circumstances
Stobbe, 292.)
is a professional writer has,
for remuneration (Wä.,
356); so also when he is one whom the publisher knows
For it is a principle
to usually take a fee for his work.
Law,
that “whoever accepts the
of German Common
services of one whom he knows not to render those ser
3. Every author
generally
speaking,
who
an
action
to
vices but for remuneration, enters into an engagement
give him what he will claim, provided that the amount is
not inequitable" (Windscheid, Pandekten II. § 404);
this principle is usually (but not, as regards the matter
in hand, unanimously) supported by L. 22 Dig. de Praescr.
Verbis 19, 5.
4. A tacit stipulation of a fee will always be presumed,
where a publisher has in his own interest ordered work
from an author: (Wä., 357.)
�GERMANY,
AUSTRIA,
HUNGARY,
AND switzERLAND.
53
5. Where no other evidence is forthcoming to indicate
the intentions of the parties, the custom of the trade will
usually afford guidance, e.g., where the remuneration of a
contribution to a periodical is in question.
6. “The motives that lead the author to the work, and
his literary aims have nothing to do with the question of
remuneration; those intentions may never be brought
forth to prove that the author had not desired a fee";
(Wä., 357.)
7. The remuneration of the author is a matter of course,
where the agreement is based upon, or refers to, a previous
transaction between the same parties where a fee was paid.
If, then, the author allows his publisher a new edition or
gives him a new work of the same kind, and if the question
of remuneration is not otherwise settled, the author will be
entitled to
preceding
payment
edition
at
or work:
the
(See
rate
IX.
of the
2.)
fee
for
the
8. If the original contract prescribes a new fee for every
new edition, this fee includes the remuneration
of the
author for the trouble of editing revised editions. If no
remuneration
was stipulated at all, the publisher cannot
claim the author's services for the preparation of new
editions, without offering him a reasonable remuneration.
If a fee for all editions was prepaid, it must be gathered,
from all circumstances of the case, whether it was the
intention of the parties to bind the author to gratuitous
services in editing future editions: which intention is by
If, how
no means presumable without distinct evidence.
ever, the author is really bound to gratuitous services, he
will have to compensate the publisher for the expense of a
revision by third parties, should he himself refuse to
perform that obligation : (See XIII. 11.)
9. The claim to a fee is established with the constitution
of the contract; it does not depend on the financial success
of the work, and can never be contested on ground of the
�54
IN
THE CONTRACT OF PUBLICATION
disproportion between price and goods (laesio enormis);
proceeds of the sale fall to the publisher's speculation,
and the claim to a fee is independent of them : ” (Blu. II.
course, inapplicable where the
513.)
This principle
agreement made dependent
author's remuneration
the success
the work, as, under the royalty
the
half profits system, not
mention the case
common
partnership.
writing
10. Bluntschli says: “If the contract
made
usually
and no fee
mentioned
the conclusion
admissible that no claim
fee exists; and where an
by
is,
is
to in
a it,
is
is in
to
of
or
of
on
is
of
“the
is
he
supported
by
be
no
it
of
if
to
be
by
a
as
”
to
in
of
he to
a
publisher,
unknown writer offers his work
will
right
doubt,
presumed,
case
that
has acquired
remuneration, and desires nothing beyond the publica
tion (Blu. II. 512); the latter assertion has been opposed
rule; anyhow, either
too sweeping
these presump
tions will
set aside
one favourable
the author,
sufficient evidence,
XVIII.-TERMs.
it of
of
by
is
of
copies produced,
and the
publica
2.
tion price: (Blu. II. 513.)
If the author's fee was fixed in consideration of
a
expenses, the number
of
$
to
the fee
be
1.
neither fixed by
nor
ascertained
means
one
the
presumptions recorded above, the court will assess
on
hearing experts (Hungary,
525; Switzerland, art. 383;
Stobbe, 292); taking into consideration the publisher's
Where the amount
agreement
a
be
to
is
Where the author
an
as
of
no
3.
360.)
paid
by
$
But this rule does not apply where
approximate
number
sheets was only mentioned
binding
estimate, with
intention
the author: (Wä.,
526).
of
(Hungary,
of
in
to
be
of
sheets, the publisher cannot
certain maximum number
pay for copy
held
excess
the volume agreed on
the
sheet,
all
�GERMANY,
AUSTRIA,
HUNGARY,
AND switzERLAND.
55
copy delivered,
including titles, index, prefaces, &c., counts
as remunerable
matter.
In
the absence of a special agreement, it is presumed
that the parties had sheets of an average size in view.
4.
it is generally for the publisher to choose the
yet the author may demand
size of the book (see XV.
calculation
his fee on the basis
medium size:
(Klo.
II.
a
of
a
of
3),
Although
725.)
to or
of
is
of of
If
author's
§
5.
entirely
on
remuneration depends partly
the sale
the book, the publisher
bound
the usual settlement
accounts and proof
sale (Zurich,
1611; Switzerland, art. 386); this holds wherever the
the
of
to
to
to
is
of
or
in
an
controlling the publisher (Bes.,
author has
interest
947); especially where the agreement limits the number
copies
editions
the publication
which the
publisher
entitled. This involves that the author may
claim access
the publisher's books: (Klo. II. 725.)
is
of
separate
on
If
a
7.
part
or
:
of
of on
§
$
§
to
on
is
a
6.
established, and
Where the author's claim
fee
provide
otherwise, the publisher
the agreement does not
delivery
payment
immediately
bound
the complete
manuscript, for then the author has acquitted his obliga
1143; Hungary,
527;
1165; Saxony,
tion: (Austria,
Wä., 362; Klo. II. 725; Stobbe, 292.)
[Switzerland
alone does not follow this common principle, and prescribes,
publication
agreeing with some authorities, payment
the work (Art. 385); the first draft
the Code by
Prof. Fick followed the common rule (Schneider, 506.)]
remuneration was agreed
for each
section,
the nature
of
complete
if
a
of
a
on
on
If
of
or
of
on
of
in
a
on
is
of
work that appears
such sections,
delivery
due
each
the sections:
(Wä., 362.) [In Switzerland
publication
the part
volume: (Art. 385).]
the remuneration was not fixed
separately for each part, the author may call
the
publisher for
proportionate part payment
delivery
volume
the payment
the work makes the
�56
THE CONTRACT OF
IN
PUBLICATION
is,
calculation of such quotas possible, and without prejudice
to the publisher's right of then demanding security for the
delivery of the rest of the work: (Wä., 362.)
8. The exact calculation of a fee that is to be determined
of
is
is
it is
as
a
is
as
is
a
is
by the volume of the work when printed
course,
only possible when the type
set up;
tacit agreement
therefore presumed that the payment
due when the
printing
Now,
composed,
finished.
soon
sheet
the fee for as much of the author's work as
contains
as
it
determined,
be
might
regarded
and
due
the general usage and several enactments
declare, however, the fee due
completion
the printing:
(Saxony, 1143; Hungary,
527; Switzerland, art. 385.)
ipso facto
of
§
§
on
(Wä., 362);
a
of
so
he
on
if
II.
9.
“But the publisher may not protract printing and
publication, and thereby unduly defer the payment”
513);
(Blu.
does
the author may demand
provisional estimate: (Wii.,
payment
the basis
363.)
a
be
is
to
of
an
of
Instead of,
by a
or
fee,
concurrent with,
certain
copies are often stipulated
number
authors.
But
obligation
by no
the publisher
that effect
10.
to
a
general trade usage cannot
means presumable, and
(Wä.,
364);
proved
exist
author's copies must therefore
explicitly stipulated (Klo.
725);
they are stipu
II.
action and
in
to
is
of
at
an
execution
(Hungary,
claim.
be
claim
REMEDIEs.
action for every equitable
have the work produced can
The author has
to
2. 1.
by
good
booksellers: (Wä., 364.)
XIX.—AUTHOR’s
His
them
general custom
the trade, the
get copies from the publisher
the
725); and
can claim any discount
§
to
allowed
is
entitled
trade price (Klo.
deliver
he
author
bound
to
to
a
the
if
II.
be
publisher
time: (Dern., 642.)
11. According
lated,
realised
523; Eis., 85); the
�GERMANY,
AUSTRIA,
HUNGARY,
AND switzERLAND.
57
compasses the production of the work at the
defiant publisher's expense.
execution
3. The author has an action for holding the publisher
to the disposal of the copies in conformity with the rules
usually observed in dealing with works of the kind in
question: (Klo. II. 724.)
4. If the publisher does not perform duly, or at the
proper time, he is liable to the author for damages:
(Hungary, $ 523; Wä., 341; Ger. I. 462; Dern., 642;
End. I. 816; Bes., 947; Walter, 359.)
5. If it can be shown that the author's interests demand
the dissolution of the contract, the author can withdraw
without prejudice to his action for damages (Hungary,
§ 523; Bes., 947), especially where the publisher's failing
to perform in due time
has diminished the author's
interest in the contract (Wä., 386), or where it is rather
to his interest to give the work to another publisher, than
to sue for specific performance (Wä., 386,)
[In Hungary
“If,
nothing
through any
the author has
left to wish for.
negligence of his own, the publisher fails to produce the
work, and place it in the market, or to produce a new
edition as soon as the previous one is exhausted, the
author has the option (1) of demanding specific per
formance of the contract and damages for the delay; or
(2) of recovering damages for the non-performance; or
(3) of withdrawing from the contract and regarding it as
never made”:
(§ 523.)]
XX.—SUCCESSION
TO
THE PUBLISHER.
1. The derivative Right of Publication is not less trans
ferable than the original Authors’ Rights in their totality.
On principle, the Right of Publication may be alienated
wherever the transfer is not precluded by the import of
the contract.
2. But the publisher can dispose
of a Right of
Pub
�58
THE CONTRACT OF PUBLICATION
IN
lication in so far only as his rights are separable from his
obligations, for obligations from contracts cannot be trans
(Kohler, p. 285
ferred without the consent of the obligee.
emphatically
seq.,
et
and other authorities most
assert that
a publisher's rights and his obligations under a Contract of
Publication are indissolubly bound together, so that any
transfer of his rights affecting his obligation to perform
in person, must of necessity violate the contract.)
3. It will have to be decided by the features of each
case arising, whether the rights are separable from the
(End. I. 817.)
is true, that by the transfer of a Right of Publi
cation acquired
under a Contract of Publication, the
publisher does not substitute another as obligor in his
place, but merely causes another
to perform
for him,
whilst he himself remains liable for the performance:
(Klo. II. 734.)
But the publisher is not entitled
to do even that, if the Right of Publication was trans
ferred
to him as a strictly personal right (Klo. I. 13);
the Contract of Publication is usually made in con
sideration
of the publisher's person, especially as the
rule, unable
author
control the production
work,
copies produced.
and sale
his
and the number
author,
therefore,
guarantee
The
seeks for
the
respectability
his publisher,
the solidity
the firm
with which
contracts (Wä. 365); and
their honesty,
circumspection
and dexterity
business: (Geng., 536;
Walter, 359.)
And further, the liability
the original publisher for
obligations:
to
by
5.
of
of
in
in
he
or
of
a
in
of
a
as
It
of is,
4.
of
is
it
as
a
as
very limited value,
the performance
the transferee
for,
rule, the contract does not fix the publisher's
duties with such juridical preciseness
would make
in
as
to
no
to
in
liquidate them
an action: (Wii., 366.)
may the publisher transfer an
Under
circumstances
author's work
other persons, except such
are skilled
possible
�GERMANY,
AUSTRIA,
HUNGARY,
AND switzERLAND.
59
the publishing trade and ready to devote their energies to
the work transferred. Persons not answering to those
requirements,
do not acquire the rights that the transfer
tends to bestow on them: (Dern., 644.)
6. If the author objects to the transfer, the court will be
called upon to answer the question, whether the nature of
the case does or does not imply the tacit agreement that a
transfer by the publisher is precluded.
7. An unconditional right, therefore, of the publisher to
transfer a Right of Publication to others cannot be taken
for granted (Bes., 947); but it is true that in many
cases the contract can be duly performed by any publisher
(Klo. I. 147); and as a matter of fact such transactions
a
is,
in by the authors.
8. But an assignation of Rights of Publication involved
in the alienation of a publisher's business, his entire
rule, valid, more especially where the firm
taberna,
as
are mostly acquiesced
of
proprietorship
necessity affected by the mere change
seq.); and trade usage has established the
(Kohler, 289
validity
of
of
to
of
on
right
a
of
Rights
transfer
Publication under
without prejudice
the author's
opposing such transfers
the ground
material
circumstances,
of
those
et
of
of
;
in
remains the same for
such cases the principles, con
nections, institutions, and resources
the business are not
and substantial objections.
to
of
by
a
9.
of
publisher succeed
The heirs
all rights and
duties ensuing from Contracts
Publication made
him.
XXI.—SuccEssion
To THE AUTHOR.
by
is
it
in
If
to
he
if
1.
of
usually dissolved by
The Contract
Publication
death,
completed
the author's
had not
the work; his
heirs are neither bound nor entitled
finish
his place.
the author had lured the publisher into making the
as
be
be
finished, his estate
representing
contract
the work
will
liable for damages; and damages will
recover
�IN
THE CONTRACT OF PUBLICATION
60
able in every case where the non-completion
is due to the
negligence of the deceased: (Wii., 376.)
2. But iſ at the author's decease the work is finished, or
“in
in
seized
Or,
exceptional
surrender it; and
Switzerland, art. 389,
cases, where
it
are bound
execution.
appears
it
puts
this), the heirs
it, be
clude
may
as to its
at least so far completed that it can be finished by another
writer (provided, of course, that
nature does not pre
possible
be
upheld entirely
that the contract should
partly, the continuation will
decreed and the necessary
details prescribed
the court.” The publisher
bound
accept and publish the work
was finished
the
author before his decease;
he finished
section or
independent marketable value: (Schneider, 508.)
sections
the publisher had acquired
title
future
by
it
a
if
to
If to
If
by
to
a
to
to
if
of
by
on
he
having the book brought
may insist
that
called for
the nature
the work.
the author was bound
undertake such alterations, his
provide for
heirs are bound
suitable revision.
the
author was not bound
revise future editions, the pub
date,
is
editions,
up
a
If
3.
of
or
if
to
is
by
or
be
and equitable
be
to
any competent person;
lisher may cause that
done
and the heirs cannot withhold their consent without urgent
rea,SOInS.
XXII.-DIssolution
of
THE
CONTRACT.
of
of
he
of
to
an
if
of
or
1.
The contract ends when the publisher has disposed
copies
all editions
the publication
which
was entitled, and,
unlimited Right
Publication
was transferred, with the expiration
the copyright.
§
:
is
If
3.
to
by of
or
by
2.
But the contract may end before one
those events
taking place, either
mutual consent,
other facts;
always without prejudice
already
claims
established.
the author dies before completing
the work, the
531; Switzerland,
dissolvedea, nunc (Hungary,
contract
art. 389; See XXI.)
�GERMANY,
AUSTRIA,
HUNGARY,
AND SwitzERLAND.
61
4. The publisher may withdraw and sue for damages if
the author concealed the existence of rights of other
persons in the work concerning which the contract is made,
provided that those pre-existing rights conflict with those
of the publisher: (See VII. 1.)
5. If severe illness, lunacy, &c., incapacitate
the author
from fulfilling his obligations or attending to his interest in
the contract, the analogy to the case of an author's decease
will obtain, without prejudice, of course, to the operation of
the general law.
6. An accidental loss of the manuscript, which renders
the production of the edition impossible dissolves the
contract; for the author cannot be compelled to do the
work over again : (Hung., § 531; Sax., § 1144; Klo.
II.
735.)
But the publisher in the hands of whom a manuscript
is accidentally lost, is not thereby released from such
obligations as can still be fulfilled by him : he is in
particular bound to pay the author's fee.
supply him, for
however, bound
8. The author
a
to
is,
7.
a
$
of
he
he
if
one
a
of
of
manuscript, and the
the work, not merely
only then sufficient reason for
the manuscript
the author's acquittance
when the performance
the
of
a
is
loss
of
delivery
possesses
or
§
if
script,
529);
of
copy
with
the lost manu
(Saxony,
1147; Hungary,
producing one without
has the means
(Switzerland,
considerable
labour:
art. 387.)
“For the
author's obligation from the contract
embraced
the
consideration,
reasonable
no
by
if
is
9.
contract has become impossible”: (Wä., 380.)
This implies that the author
means freed
without further ceremony
the manuscript intended for
and
the
elaboration
substantially
or
is
a
destroyed,
of if
is
is
accidentally lost before delivery.
his publisher
The
only freed when the performance has become
author
impossible (Blu. II. 515), i.e.,
this work
lost
new
�62
IN
THE CONTRACT OF PUBLICATION
-
work would be necessary.
But then he cannot claim the
stipulated fee, unless the publisher has been in mora
accipiendi.
10. The author can, on the other hand, compel his
publisher to accept and publish a copy of a manuscript
lost after delivery.
11.
It
stands
author and publisher
resulting in the loss of the
to reason that both
liable for negligence
manuscript.
are
it.
12. It has been deemed equitable to allow the publisher
to reproduce an edition accidentally destroyed without
paying a second fee to the author (Switzerland, art. 388;
Hungary, $ 530); but not to hold him to the reproduction.
For he has performed an essential, certainly the most
onerous part of his obligation in placing the edition at the
disposal of the market.”
He does not, however, escape
the obligation of paying the fee stipulated for the lost
edition by declining to reprint
is
in
Ś
by
an
to is
by
if
it
to
a
to
or
he
to
as
as
is
If
13.
the edition
lost after the sale has begun, the
sold, and the publisher's rights
lost copies are treated
consumed; the author
this edition are regarded
royalties
profits
not entitled
that
would have
received, had those copies really been sold, but does not
lose his claim
fee
should not yet have been paid.
singular
exception
Saxony,
1148,
[A
made
allowing the publisher
destroyed
reproduce
edition
after the sale has begun.]
or
to
be
he
if
§
or
§
on
if
he
he
borne
to in
occurred
is be he
it
to
then,
If
accident,
occurred.
of
it
An
is
the party
the person
business
pay the author's fee,
the publisher,
will have
though
may
released from the publication; from
only then liberated
that obligation
the author can
place his work with another publisher
the same terms:
(Saxony, 1146; Hungary,
528); but not
loses the
manuscript
the edition.
14.
which
�GERMANY,
AUSTRIA,
HUNGARY,
AND SWITZERLAND.
63
15. The unforeseen occurrence of events rendering the
publication futile, is regarded as an accident that annuls
the contract ea nunc (Saxony, Ś 1146; Hungary, § 531);
e.g., the abrogation of the law on which the author has
written a commentary, &c. The author's title to a fee is
not affected by this contingency, but the publisher will
successfully defend an action aiming at the production of
the work, with the exceptio doli : (Klo. II. 735.)
[In
Hungary this principle holds only where such events occur
after the delivery of the manuscript; if they occur before
the delivery, the author (or his representatives)
cannot
claim the stipulated fee, and must refund the publisher
for any payment on account: (§ 531.)]
16. We have seen above (XIV. 3, 4, 5; XIX. 5) that
non-performance
or improper performance may entitle the
party
other
to avoid the contract.
XXIII.-BANKRUPTCY
OF THE
PUBLISHER.
of our subject has neither in theory nor
a satisfactory development.
The
following principles may, however,
be regarded
as
established:
1.
the contract has not yet been performed by either
party when the publisher fails, the author may avoid the
contract (Klo. II. 735; Wä., 384); if the contract is to
This
by
chapter
casuistry
attained
If
be continued,
a new agreement must be made by the
author and the trustee of the bankrupt’s estate. Under
all circumstances the author may withhold the manuscript
until the payment of his fee is either made or secured:
(Wä., 384.)
[2. German Empire: Klostermann says, that both the
author and the bankrupt's trustee may withdraw, provided
the work has not yet been put in print: (Klo. II. 735.)
3. The law of Switzerland deviates in some particulars
from the general
rules laid down above:
“If
the
pub
�The CONTRACT OF PUBLICATION.
64
lisher fails, the author may assign the work to another
publisher, if security is not given him for the acquittance
of those obligations that were not yet due at the time of
the declaration of insolvency’’: (Art. 390.)
4. Hungary, too, deviates from the common principles,
but decidedly, from the standpoint of authors, in the
right direction. “The author
contract if the publisher fails.
If,
may
withdraw from the
however, the printing
if
is
of
should have begun, the administration
the bankrupt's
estate may uphold the contract,
due security
offered
532.)]
rule, the printing
he
separation
of
those
the work reduces
of
the rank
of
the author's claims
to
a
5.
to
(§
the author’’:
general
As
other creditors;
be in
of
or
an
of
the
a
on
be
and
of
the
to
claim
(Wä., 384, 385);
of
his work from the
Right
Publication
sold
behalf
the estate (Klo. II. 735); but
the author may resist
transfer
others than
able
publisher (Dern., 644); his rights being the same
this respect, whether the sale
the publisher's rights
voluntary
under bankruptcy: (Kohler, 289.)
cannot
estate
may
�•■■~~~~======-----
•
•
****
�PUBLICATIONS
to
2.
the past year can
The Author.
Literature and the Pension List.
on
That
the Secretary.
3.
application
be
1. The Annual Report.
for
SOCIETY OF AUTHORS
had
to
on
be
of
to
A
to
Monthly Journal devoted especially
the
protection and maintenance
Literary Property.
Issued
application
all Members. Back numbers can
obtained
the Secretary.
of
of
of
this work specimens are given
important forms
type, size
page, &c., with
showing what
produce the more common
costs
-
Production.
kinds of books.
2s. 6d.
7.
Copyright Law Reform. An
8.
The Society
9.
by
in
of
of
an
to
of
in
In
S.
of
By
Publication.
SQUIRE
SPRIGGE.
this work, compiled from the papers
the
Society's offices, the various forms
agreements proposed
Publishers
Authors are examined, and their meaning care
fully explained, with
account
the various kinds
frauds
which have been made possible by the different clauses
their agreements.
3s.
The Various Methods
d
By
1s.
In
the Society.
to
estimates
to
the Société des Gens des Lettres.
it
The Cost
the most
6.
By W. MORRIS CoLLEs,
-
3s.
SQUIRE SPRIGGE, late Secretary
of
5.
of
The History
S.
4.
Barrister-at-Law.
The Contract
Publication
Hungary, and Switzerland.
By
an
of
J.
of
#
of
right
of
Exposition
Lord Monkswell's
Copyright Bill, now before Parliament.
With Extracts from
Appendix
1878, and
the Report
the Commission
containing the Berne Convention and the American Copy
M. LELY.
Authors.
18. 6d.
SOCIETY
in
Germany, Austria,
By ERNST LUNGE, J.U.D.
application
to
obtained
on
can
be
-
All the above publications
4,
of
A
of
2s. 6d.
of
Record
its action from its
By SIR WALTER BESANT (Chairman
Foundation.
Com
mittee, 1888–1892),
1s.
the Secretary,
OF AUTHORS,
PORTUGAL STREET, LINCOLN'S INN FIELDS, W.C.
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Society of Authors Publications
Identifier
An unambiguous reference to the resource within a given context
publications
Publication
Date
The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format)
1896
Publisher(s)
When used for publications, publisher of the periodical or book. When used for people, list of publishers they worked with during their lifetime
The Society of Authors
Horace Cox
Location
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London
Image Source
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Lunge, Ernst. <em>The Contract of Publication in Germany, Austria, Hungary, and Switzerland</em>. London: The Society of Authors, 1896. <a href="https://catalog.hathitrust.org/Record/102667700" target="_blank" rel="noopener">https://catalog.hathitrust.org/Record/102667700</a>.
Dublin Core
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Title
A name given to the resource
The Contract of Publication in Germany, Austria, Hungary, and Switzerland (1896)
Subject
The topic of the resource
<em>The Contract of Publication in Germany, Austria, Hungary, and Switzerland </em>(1896)
Description
An account of the resource
A synopsis of publication in several European countries which follow the German Code of Commerce, written by Ernst Lunge.
Creator
An entity primarily responsible for making the resource
Lunge, Ernst
Source
A related resource from which the described resource is derived
<a href="https://catalog.hathitrust.org/Record/102667700" target="_blank" rel="noopener">https://catalog.hathitrust.org/Record/102667700</a>
Type
The nature or genre of the resource
Publication
Identifier
An unambiguous reference to the resource within a given context
1896-Lunge-Contract-of-Publication-in-Germany-Austria-Hungary-Switzerland
international
publications
publishing
-
https://historysoa.com/files/original/4/195/1890-Sprigge-Methods-of-Publishing.png
731250bbeb097956c6d00fe51ec1534f
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Society of Authors Publications
Identifier
An unambiguous reference to the resource within a given context
publications
Publication
Date
The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format)
1890
Location
The location of the event or organisation
London
Publisher(s)
When used for publications, publisher of the periodical or book. When used for people, list of publishers they worked with during their lifetime
The Society of Authors
Henry Glaisher
Image Source
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Sprigge, Samuel Squire. <em>The Methods of Publishing</em>. London: The Society of Authors, 1890. <a href="https://archive.org/details/methodsofpublish00spri" target="_blank" rel="noopener">https://archive.org/details/methodsofpublish00spri</a>.
Dublin Core
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Title
A name given to the resource
The Methods of Publishing (1890)
Subject
The topic of the resource
<em>The Methods of Publishing</em> (1890)
Description
An account of the resource
Written by <a href="https://historysoa.com/people/Sprigge-Samuel-Squire">Samuel Squire Sprigge</a> to support the demand of the Society, as made in the Annual Report of 1889, for "just treatment as prevails in all other branches of business". With chapters on literary property and different profit systems.
Creator
An entity primarily responsible for making the resource
Sprigge, Samuel Squire
Source
A related resource from which the described resource is derived
<a href="https://archive.org/details/methodsofpublish00spri" target="_blank" rel="noopener">https://archive.org/details/methodsofpublish00spri</a>
Type
The nature or genre of the resource
Publication
Identifier
An unambiguous reference to the resource within a given context
1890-Sprigge-Methods-of-Publishing
Relation
A related resource
<a href="https://historysoa.com/publications/1898-Thring-Addenda-Methods-of-Publishing" target="_blank" rel="noopener"><em>Addenda to The Methods of Publishing</em> (1898)</a>
publications
publishing
-
https://historysoa.com/files/original/4/236/1889-Sprigge-Society-of-French-Authors.png
b3ea8962e571a3c23cda5a3b3af6daf0
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Society of Authors Publications
Identifier
An unambiguous reference to the resource within a given context
publications
Publication
Date
The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format)
1889
Publisher(s)
When used for publications, publisher of the periodical or book. When used for people, list of publishers they worked with during their lifetime
The Society of Authors
Henry Glaisher
Location
The location of the event or organisation
London
Image Source
A citation for the image. All images are either used under a Creative Commons licence or with permission
Sprigge, Samuel Squire. <em>The Society of French Authors (La Société Des Gens De Lettres): Its Foundation and its History</em>. London: The Society of Authors, 1889. <a href="https://babel.hathitrust.org/cgi/pt?id=hvd.32044010126399" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=hvd.32044010126399</a>.
Dublin Core
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Title
A name given to the resource
The Society of French Authors (La Société Des Gens De Lettres): Its Foundation and its History (1889)
Subject
The topic of the resource
<em>The Society of French Authors (La Société Des Gens De Lettres): Its Foundation and its History </em>(1889)
Description
An account of the resource
Written by <a href="https://historysoa.com/people/Sprigge-Samuel-Squire">Samuel Squire Sprigge</a>, providing a history of the French Society of Authors (founded in <span>1829). Offers an overview of the legal and political standing of authorship in France, and the work of the Society in changing the landscape.</span>
Creator
An entity primarily responsible for making the resource
Sprigge, Samuel Squire
Source
A related resource from which the described resource is derived
<a href="https://babel.hathitrust.org/cgi/pt?id=hvd.32044010126399" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=hvd.32044010126399</a>
Type
The nature or genre of the resource
Publication
Identifier
An unambiguous reference to the resource within a given context
1889-Sprigge-Society-of-French-Authors
international
publications
-
https://historysoa.com/files/original/4/546/SoA_List_of_Members_1902.pdf
3eebc1be6140afc7870d1e3cf14746e4
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Society of Authors Publications
Identifier
An unambiguous reference to the resource within a given context
publications
Publication
Start Date
A start date for the group/organisation or publication
1902
End Date
An end date for the group/organisation or publication
1902
Publisher(s)
When used for publications, publisher of the periodical or book. When used for people, list of publishers they worked with during their lifetime
The Incorporated Society of Authors
Location
The location of the event or organisation
London
Dublin Core
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Title
A name given to the resource
The Society of Authors (Incorporated) List of Members and Associates (1902)
Subject
The topic of the resource
A list published in 1902 by the Society of Authors of their members and associate members.
Description
An account of the resource
A published list of members and associates of the Society of Authors published by the Society in 1902. The list includes the names and addresses of members plus the year of their election to the Society. The list does not include the details of those members who did not wish to appear in the list.
Creator
An entity primarily responsible for making the resource
The Incorporated Society of Authors
Date
A point or period of time associated with an event in the lifecycle of the resource
1902
Rights
Information about rights held in and over the resource
Produced with the permission of Bodleian Library, Oxford University for non-commercial use on an academic website.
Type
The nature or genre of the resource
Publication
Identifier
An unambiguous reference to the resource within a given context
The Society of Authors, List of Members and Associates 1902.
-
https://historysoa.com/files/original/4/114/1912-Prospectus.png
f00f1ac3d3b62e8479d4a898a742d622
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Society of Authors Publications
Identifier
An unambiguous reference to the resource within a given context
publications
Publication
Date
The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format)
1912
Location
The location of the event or organisation
London
Publisher(s)
When used for publications, publisher of the periodical or book. When used for people, list of publishers they worked with during their lifetime
Bradbury, Agnew & Co.
The Society of Authors
Image Source
A citation for the image. All images are either used under a Creative Commons licence or with permission
The Society of Authors: Prospectus. London: Bradbury, Agnew & Co. 1912. <a href="https://babel.hathitrust.org/cgi/pt?id=uc2.ark:/13960/t8pc32q2b&view=1up&seq=5" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=uc2.ark:/13960/t8pc32q2b&view=1up&seq=5</a>.
Dublin Core
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Title
A name given to the resource
The Society of Authors Prospectus (1912)
Subject
The topic of the resource
<em>The Society of Authors Prospectus</em> (1912)
Description
An account of the resource
A prospectus providing an overview of the benefits of joining the Society of Authors.
Creator
An entity primarily responsible for making the resource
The Society of Authors
Thring, George Herbert
Source
A related resource from which the described resource is derived
<a href="https://babel.hathitrust.org/cgi/pt?id=uc2.ark:/13960/t8pc32q2b" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=uc2.ark:/13960/t8pc32q2b</a>
Type
The nature or genre of the resource
Publication
Identifier
An unambiguous reference to the resource within a given context
1912-Prospectus
publications
-
https://historysoa.com/files/original/4/197/1891-Cost-of-Production.png
c9360fd7e6a1e8e9923ad7a3546a030b
Dublin Core
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Title
A name given to the resource
Society of Authors Publications
Identifier
An unambiguous reference to the resource within a given context
publications
Publication
Date
The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format)
1891
Location
The location of the event or organisation
London
Publisher(s)
When used for publications, publisher of the periodical or book. When used for people, list of publishers they worked with during their lifetime
The Society of Authors
Image Source
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<em>The Cost of Production</em>. London: The Society of Authors, 1891. <a href="https://archive.org/details/costofproduction00inco" target="_blank" rel="noopener">https://archive.org/details/costofproduction00inco</a>.
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Title
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The Cost of Production (1891)
Subject
The topic of the resource
<em>The Cost of Production</em> (1891)
Description
An account of the resource
Provides an overview of the costs of producing a book, from composition and typesetting to printing, binding, moulding, stereotyping and advertising. The chapters focus on three-volume, two-volume and one-volume novels, travel and science books, biography, children's fiction and poetry.
Creator
An entity primarily responsible for making the resource
The Society of Authors
Source
A related resource from which the described resource is derived
<a href="https://archive.org/details/costofproduction00inco" target="_blank" rel="noopener">https://archive.org/details/costofproduction00inco</a>
Type
The nature or genre of the resource
Publication
Identifier
An unambiguous reference to the resource within a given context
1891-Cost-of-Production
publications
publishing
-
https://historysoa.com/files/original/4/235/1888-American-Dinner-Report.png
ccdd23e5fcba310cea7aed5373396e2f
Dublin Core
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Title
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Society of Authors Publications
Identifier
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publications
Publication
Date
The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format)
1888
Publisher(s)
When used for publications, publisher of the periodical or book. When used for people, list of publishers they worked with during their lifetime
The Society of Authors
Location
The location of the event or organisation
London
Dublin Core
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Title
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Report of the Proceedings at the Dinner Given by the Society of Authors to American Men and Women of Letters at the Criterion Restaurant, on Wednesday, July 25, 1888 (1888)
Subject
The topic of the resource
<em>Report of the Proceedings at the Dinner Given by the Society of Authors to American Men and Women of Letters at the Criterion Restaurant, on Wednesday, July 25, 1888</em> (1888)
Description
An account of the resource
A report listing attendees and offering a transcription of all of the speeches given at the dinner.
Creator
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The Society of Authors
Source
A related resource from which the described resource is derived
<a href="https://babel.hathitrust.org/cgi/pt?id=njp.32101046820708" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=njp.32101046820708</a>
Type
The nature or genre of the resource
Publication
Identifier
An unambiguous reference to the resource within a given context
1888-American-Dinner-Report
publications
-
https://historysoa.com/files/original/4/198/1898-Thring-Addenda-Methods-of-Publishing.png
37dc53fc624720eaae5e12b0b7dae457
Dublin Core
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Title
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Society of Authors Publications
Identifier
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publications
Publication
Date
The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format)
1898
Location
The location of the event or organisation
London
Publisher(s)
When used for publications, publisher of the periodical or book. When used for people, list of publishers they worked with during their lifetime
Horace Cox
Image Source
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Thring, George Herbert. <em>Addenda to The Methods of Publishing</em>. London: The Society of Authors, 1898. <a href="https://archive.org/details/methodspublishi00thrigoog" target="_blank" rel="noopener">https://archive.org/details/methodspublishi00thrigoog</a>.
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Title
A name given to the resource
Addenda to The Methods of Publishing (1898)
Subject
The topic of the resource
<em>Addenda to The Methods of Publishing</em> (1898)
Description
An account of the resource
A supplement to <a href="https://historysoa.com/people/Sprigge-Samuel-Squire">Samuel Squire Sprigge</a>'s <a href="https://historysoa.com/publications/1890-Sprigge-Methods-of-Publishing">book</a> about different kinds of publishing agreements, written by <a href="https://historysoa.com/people/Thring-George-Herbert">George Herbert Thring</a>. Reprinted from <a href="https://historysoa.com/publications/The-Author"><em>The Author</em></a>.
Creator
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Thring, George Herbert
Relation
A related resource
<a href="https://historysoa.com/publications/1890-Sprigge-Methods-of-Publishing"><em>The Methods of Publishing</em> (1890)</a>
<a href="https://historysoa.com/publications/The-Author"><em>The Author </em>(1890-present)</a>
Type
The nature or genre of the resource
Publication
Identifier
An unambiguous reference to the resource within a given context
1898-Thring-Addenda-Methods-of-Publishing
Source
A related resource from which the described resource is derived
<a href="https://archive.org/details/methodspublishi00thrigoog" target="_blank" rel="noopener">https://archive.org/details/methodspublishi00thrigoog</a>
publications
publishing
-
https://historysoa.com/files/original/4/4/1890-05-The-Author.jpg
1b74714c591371872a4ace32f29b9176
Dublin Core
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Title
A name given to the resource
Society of Authors Publications
Identifier
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publications
Publication
Image Source
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<em>The Author </em>1.1 (May 1890): i. <a href="https://hdl.handle.net/2027/mdp.39015031017927" target="_blank" rel="noopener">https://hdl.handle.net/2027/mdp.39015031017927</a>.
Start Date
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1890
End Date
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Ongoing
Location
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London
Publication Frequency
Defined as daily, weekly, monthly
Monthly
Publisher(s)
When used for publications, publisher of the periodical or book. When used for people, list of publishers they worked with during their lifetime
The Society of Authors
Alexander P. Watt
Horace Cox
Bradbury, Agnew & Co.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
The Author (1890–present)
Subject
The topic of the resource
<em>The Author </em>(1890<span>–</span>present)
Description
An account of the resource
The periodical of the Society of Authors, published from May 1890 to the present. Initially published monthly, the periodical moved to ten issues a year from 1902 onwards, with vacant months in August and September.
Type
The nature or genre of the resource
Publication
Identifier
An unambiguous reference to the resource within a given context
The-Author
publications
The Author
-
https://historysoa.com/files/original/4/238/1891-The-Author-1-index.pdf
51629cd8925bd25b1a78082b7e954517
PDF Text
Text
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Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Society of Authors Publications
Identifier
An unambiguous reference to the resource within a given context
publications
Publication
Date
The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format)
1891
Publisher(s)
When used for publications, publisher of the periodical or book. When used for people, list of publishers they worked with during their lifetime
The Society of Authors
Alexander P. Watt
Location
The location of the event or organisation
London
Volume
1
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Index to The Author, Vol. 01 (1891)
Subject
The topic of the resource
Index to <em>The Author</em>, Vol. 01 (1891)
Source
A related resource from which the described resource is derived
<a href="https://babel.hathitrust.org/cgi/pt?id=mdp.39015031017927" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=mdp.39015031017927</a>
Type
The nature or genre of the resource
Publication
Index
Identifier
An unambiguous reference to the resource within a given context
1891-The-Author-1-index
publications
The Author
-
https://historysoa.com/files/original/4/251/1892-The-Author-2-index.pdf
2a5cb1d1e4f7ea51313fdd5218cb02a8
PDF Text
Text
����
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Society of Authors Publications
Identifier
An unambiguous reference to the resource within a given context
publications
Publication
Date
The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format)
1892
Volume
2
Publisher(s)
When used for publications, publisher of the periodical or book. When used for people, list of publishers they worked with during their lifetime
The Society of Authors
Alexander P. Watt
Location
The location of the event or organisation
London
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Index to The Author, Vol. 02 (1892)
Subject
The topic of the resource
Index to <em>The Author</em>, Vol. 02 (1892)
Source
A related resource from which the described resource is derived
<a href="https://babel.hathitrust.org/cgi/pt?id=mdp.39015031017927" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=mdp.39015031017927</a>
Type
The nature or genre of the resource
Publication
Index
Identifier
An unambiguous reference to the resource within a given context
1892-The-Author-2-index
publications
The Author
-
https://historysoa.com/files/original/4/264/1895-The-Author-5-index.pdf
34c4c99c9cf00769b24bae9b46187e43
PDF Text
Text
�������
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Society of Authors Publications
Identifier
An unambiguous reference to the resource within a given context
publications
Publication
Date
The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format)
1895
Volume
5
Publisher(s)
When used for publications, publisher of the periodical or book. When used for people, list of publishers they worked with during their lifetime
The Society of Authors
Horace Cox
Location
The location of the event or organisation
London
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Index to The Author, Vol. 05 (1895)
Subject
The topic of the resource
Index to <em>The Author</em>, Vol. 05 (1895)
Source
A related resource from which the described resource is derived
<a href="https://babel.hathitrust.org/cgi/pt?id=mdp.39015013732253" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=mdp.39015013732253</a>
Type
The nature or genre of the resource
Publication
Index
Identifier
An unambiguous reference to the resource within a given context
1895-The-Author-5-index
publications
The Author
-
https://historysoa.com/files/original/4/277/1896-The-Author-6-index.pdf
c60ebb51365a2d2d2d110492c3447eea
PDF Text
Text
������
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Society of Authors Publications
Identifier
An unambiguous reference to the resource within a given context
publications
Publication
Date
The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format)
1896
Volume
6
Publisher(s)
When used for publications, publisher of the periodical or book. When used for people, list of publishers they worked with during their lifetime
The Society of Authors
Horace Cox
Location
The location of the event or organisation
London
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Index to The Author, Vol. 06 (1896)
Subject
The topic of the resource
Index to <em>The Author</em>, Vol. 06 (1896)
Source
A related resource from which the described resource is derived
<a href="https://babel.hathitrust.org/cgi/pt?id=mdp.39015013732253" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=mdp.39015013732253</a>
Type
The nature or genre of the resource
Publication
Index
Identifier
An unambiguous reference to the resource within a given context
1896-The-Author-6-index
publications
The Author