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            <text>TTbe Hutbot\&#13;
(The Organ of the Incorporated Society of Authors. Monthly.)&#13;
CONDUCTED BY WALTER BESANT.&#13;
Vol. IX.—No. 2.] JULY i, 1898. [Price Sixpence.&#13;
For the Opinions expressed in papers that are&#13;
signed or initialled the Authors alone are&#13;
responsible. None of the papers or para-&#13;
graphs must be taken as expressing the&#13;
collective opinions of the Committee unless&#13;
they are officially signed by G. Herbert&#13;
Thring, Sec.&#13;
THE Secretary of the Society begs to give notice that all&#13;
remittances are acknowledged by return of post, and&#13;
requests that all members not receiving an answer to&#13;
important communications within two days will write to him&#13;
without delay. All remittances should be crossed Union&#13;
Bank of London, Chancery-lane, or be sent by registered&#13;
letter only. ^&#13;
Communications and letters are invited by the Editor on&#13;
all subjects connected with literature, but on no other sub-&#13;
jects whatever. Articles which cannot be accepted are&#13;
returned if stamps for the purpose accompany the MSS.&#13;
GENERAL MEMORANDA.&#13;
Ij^OE some years it has been the practioe to insert, in&#13;
! every number of The Author, certain " General Con-&#13;
siderations," Warnings, Notices, &amp;o., for the guidance&#13;
of the reader. It has been objected as regards these&#13;
warnings that the trioks or frauds against which they are&#13;
directed cannot all be guarded against, for obvious reasons.&#13;
It is, however, well that they should be borne in mind, and&#13;
if any publisher refuses a clause of precaution he simply&#13;
reveals his true character, and should be left to carry on&#13;
his business in his own way.&#13;
Let us, however, draw up a few of the rules to be&#13;
observed in an agreement. There are three methods of&#13;
dealing with literary property:—&#13;
I. That of selling it outright.&#13;
This is in some respects the most satisfactory, if a proper&#13;
price can be obtained. But the transaction should be&#13;
managed by a competent agent.&#13;
II. A profit-sharing agreement.&#13;
In this case the following rules should be attended to:&#13;
(1.) Not to sign any agreement in which the cost of pro-&#13;
duction forms a part.&#13;
(2.) Not to give the publisher the power of putting the&#13;
profits into his own pocket by charging for advertisements&#13;
VOL. IX.&#13;
in his own organs: or by charging exchange advertise-&#13;
ments.&#13;
(3.) Not to allow a special charge for " office expenses,"&#13;
unless the same allowance is made to the author.&#13;
(4.) Not to give up American, Colonial, or Continental&#13;
rights.&#13;
(5.) Not to give up serial or translation rights.&#13;
(6.) Not to bind yourself for future work to any publisher.&#13;
As well bind yourself for the futnre to any one eolioitor or&#13;
dootor!&#13;
(7.) To stamp the agreement.&#13;
HI. The royalty system.&#13;
In this system, which has opened the door to a most&#13;
amazing amount of overreaching and trading on the&#13;
anthor's ignorance, it is above all things necessary to know&#13;
what the proposed royalty means to both sides. It is now&#13;
possible for an author to ascertain approximately and very&#13;
nearly the truth. From time to time the very important&#13;
figures connected with royalties are published in The Author.&#13;
Readers can also work out the figures themselves from the&#13;
"Cost of Production." Let no one, not even the youngest&#13;
writer, sign a royalty agreement without finding out what&#13;
it gives the publisher as well as himself.&#13;
It has been objeoted that these precautions presuppose a&#13;
great success for the book, and that very few books indeed&#13;
attain to this great success. That is quite true: but there is&#13;
always this uncertainty of literary property that, although&#13;
the works of a great many authors carry with them no risk&#13;
at all, and although of a great many it is known within a few&#13;
copies what will be their minimum circulation, it is not&#13;
known what will be their maximum. Therefore every&#13;
author, for every book, should arrange on the chance of a&#13;
success which will not, probably, come at all; but which&#13;
may come.&#13;
The four points which the Society has always demanded&#13;
from the outset are:—&#13;
(1.) That both sides shall know what an agreement&#13;
means.&#13;
(2.) The inspection of those account books which belong&#13;
to the author. We are advised that this is a right, in the&#13;
nature of a common law right, which cannot be denied or&#13;
withheld.&#13;
(3.) That there shall be no secret profits.&#13;
(4.) That nothing shall be charged which has not been&#13;
actually paid—for instance, that there shall be no charge for&#13;
advertisements in the publisher's own organs and none for&#13;
exchanged advertisements and that all discounts shall be&#13;
duly entered.&#13;
If these points are carefully looked after, the author may&#13;
rest pretty well assured that he is in right hands. At the&#13;
same time he will do well to send his agreement to the&#13;
secretary before he signs it.&#13;
Ii 2&#13;
&#13;
&#13;
## p. 30 (#42) ##############################################&#13;
&#13;
3o THE AUTHOR.&#13;
HOW TO USE THE SOCIETY.&#13;
I. "T7WERY member has a right to ask for and to receive&#13;
advice upon his agreements, his choice of a pub-&#13;
lisher, or any dispute arising in the conduct of his&#13;
business or the administration of his property. If the advice&#13;
Bought is such as can be given best by a solicitor, the member&#13;
has a right to an opinion from the Society's solicitors. If the&#13;
case is such that Counsel's opinion is desirable, the Com-&#13;
mittee will obtain for him Counsel's opinion. All this&#13;
without any oost to the member.&#13;
2. Bemember that questions connected with copyright&#13;
and publisher's agreements do not generally fall within the&#13;
experience of ordinary solicitors. Therefore, do not scruple&#13;
to use the Society first—our solicitors are continually&#13;
engaged upon such questions for us.&#13;
3. Send to the office copies of past agreements and past&#13;
accounts with the loan of the books represented. This is in&#13;
order to ascertain what has been the nature of your agree-&#13;
ments, and the results to author and publisher respectively&#13;
bo far. The Secretary will always be glad to have any&#13;
agreements, new or old, for inspection and note. The infor-&#13;
mation thus obtained may prove invaluable.&#13;
4. If the examination of your previous business trans-&#13;
actions by the Secretary proves unfavourable, you should&#13;
take advice as to a change of publishers.&#13;
5. Before signing any agreement whatever, send the pro-&#13;
posed document to the Society for examination.&#13;
6. The Society is acquainted with the methods, and—in&#13;
the case of fraudulent houses—the tricks of every publish-&#13;
ing firm in the country.&#13;
7. Bemember always that in belonging to the Society you&#13;
are fighting the battles of other writers, even if you are&#13;
reaping no benefit to yourself, and that you are advanoing&#13;
the best interests of literature in promoting the indepen-&#13;
dence of the writer.&#13;
8. Send to the Editor of The Author notes of every-&#13;
thing important to literature that yon may hear or meet&#13;
with.&#13;
9. The Committee have now arranged for the reception of&#13;
members' agreements and their preservation in a fireproof&#13;
safe. The agreements will, of course, be regarded as con-&#13;
fidential documents to be read only by the Secretary, who&#13;
will keep the key of the safe. The Society now offers:—(1)&#13;
To read and advise upon agreements and publishers. (2) To&#13;
stamp agreements in readiness for a possible action upon&#13;
them. (3) To keep agreements. (4) To enforce payments&#13;
due according to agreements.&#13;
Communications for The Author should reach the Editor&#13;
not later than the 21st of each month.&#13;
All persons engaged in literary work of any kind,&#13;
whether members of the Society or not, are invited to&#13;
communioate to the Editor any points connected with their&#13;
work which it would be advisable in the general interest to&#13;
publish.&#13;
Members and others who wish their MSS. read are&#13;
requested not to send them to the Office without previously&#13;
communicating with the Secretary. The utmost practicable&#13;
despatch is aimed at, and MSS. are read in the order in&#13;
which they are received. It must also be distinctly under-&#13;
stood that the Society does not, under any circumstances,&#13;
undertake the publication of MSS.&#13;
The present location of the Authors' Club is at 3, White-&#13;
hall-court, Charing Cross. Address the Secretary for&#13;
information, rules of admission, Ac.&#13;
Will members take the trouble to ascertain whether they&#13;
have paid their subscriptions for the year? If they will do&#13;
this, and remit the amount, if still unpaid, or a banker's&#13;
order, it will greatly assist the Secretary, and save him the&#13;
trouble of sending out a reminder&#13;
Members are most earnestly entreated to attend to the&#13;
following warning. It is a most foolish and may be a&#13;
most disastrous thing to enter into an agreement binding&#13;
for a term of years. Let them ask themselves if they&#13;
would give a solicitor the collection of their rents for&#13;
five years to oome, whatever his conduct, whether he&#13;
was honest or dishonest? Of course they would not.&#13;
Why then hesitate for a moment when they are asked to&#13;
sign themselves into literary bondage for three or five&#13;
years?&#13;
"Those who possess the 'Cost of Production'&#13;
requested to note that the cost of binding has advanced 1&#13;
per cent." This clause was inserted three or four years ago.&#13;
Estimates have, however, recently been obtained which show&#13;
that the figures in the book may be relied on as nearly&#13;
correct: as near as is passible.&#13;
Some remarks have been made upon the amount charged&#13;
in the " Cost of Production" for advertising. Of oourse, we&#13;
have not included any sums which may be charged for&#13;
inserting advertisements in the publisher's own magazines,&#13;
or in other magazines by exchange. As agreements too&#13;
often go, there is nothing to prevent the publisher from&#13;
sweeping the whole profits of a book into his own pocket,&#13;
by inserting any number of advertisements in his own&#13;
magazines, and by exchanging with others. Some there are&#13;
who call this a form of fraud; it is not known what those&#13;
who practise this method of swelling their own profits call it.&#13;
NOTICES.&#13;
THE Editor of The Author begs to remind members of the&#13;
Society that, although the paper is sent to them free&#13;
of charge, the cost of producing it would be a very&#13;
heavy charge on the resources of the Society if a great&#13;
many members did not forward to the Secretary the modest&#13;
6*. 6d. subscription for the year.&#13;
The Editor is always glad to receive short papers and&#13;
communications on all subjects connected with literature&#13;
from members and others. Nothing can do more good to&#13;
the Society than to make The Author complete, attractive,&#13;
and interesting. Will those who are willing to aid in this&#13;
work send thoir names and the special subjects on which&#13;
they are willing to write?&#13;
;»•&lt;:&#13;
LITERARY PROPERTY.&#13;
1.—Report of the Sub-Committee on the&#13;
Proposals of the Booksellers' Associa-&#13;
tion, Approved by the Committee.&#13;
THE Sub-Committee for the consideration of&#13;
the discount and other methods connected&#13;
with the bookselling trade have had under&#13;
their consideration a scheme which has been pre-&#13;
pared by two or three booksellers, considered by&#13;
the Booksellers' Association, and by one meeting&#13;
&#13;
&#13;
## p. 31 (#43) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
3»&#13;
(at least) of local booksellers, by whom it has been&#13;
approved.&#13;
The objects of the scheme are as follows :—&#13;
(1) To give booksellers the same profit off all&#13;
books (except educational books at 6*.&#13;
and under) that they at present receive&#13;
off 6*. novels; while the publishers are&#13;
not asked to give better terms than they&#13;
do at present.&#13;
(2) To enable booksellers to charge more for&#13;
credit than for cash.&#13;
Scheme.&#13;
I. Odd books to be abolished, and all looks to&#13;
lie supplied at the average present terms.&#13;
II. The invoiced price of each book to be the&#13;
lowest cash price to the public. (This rule not&#13;
necessarily to apply to books supplied in bulk to&#13;
schools and School Boards.)&#13;
Thus—&#13;
(a) Net books would be invoiced at full pub-&#13;
lished prices.&#13;
(ft) Novels and similar non-net books at 6s.&#13;
and under would be invoiced at 2 5 per&#13;
cent. off published prices.&#13;
(r) Non-net books above 6s. (on which the&#13;
price to the public does not need to be&#13;
"cut so fine ") would be invoiced at not&#13;
more than 2d. in the i*. off published&#13;
prices.&#13;
III. A. minimum trade discount of 20 per cent.&#13;
to be allowed at settlement to those booksellers&#13;
icho agree not to sell books to the public below the&#13;
invoiced price, and to them only. (In the case of&#13;
educational books published at 6s. and under, the&#13;
discount at settlement might be 15 per cent.&#13;
instead of 20 per cent.).&#13;
The settlement discount for prompt payment&#13;
might be arranged by publishers and booksellers&#13;
individually.&#13;
A Specimen Invoice submitted with the "Scheme.''&#13;
Thus. To A. B. (Bookseller).&#13;
"Tom Jones," a novel, 6s. 4*. 6d.&#13;
Terms.—A trade discount of 20 per cent. will be&#13;
allowed off this amount conditionally that the&#13;
books are not sold beloio the invoiced price of&#13;
4s. 6d. Acceptance of goods to be deemed&#13;
agreement. In addition, a settlement discount&#13;
of 5 per cent. for prompt payment after the&#13;
monthly statement is received.*&#13;
The objects of this Scheme must commend&#13;
themselves to all who are interested in the welfare&#13;
• By the words "the books" is meant "this book " or&#13;
"those books" included in the invoice. By "prompt pay-&#13;
ment " is meant within a fortnight.&#13;
of booksellers—i.e., to the author, the publisher,&#13;
the printer, the paper-maker, the bookbinder, and&#13;
the Press which receives the advertisements. All&#13;
alike must be united in desiring to promote the&#13;
welfare of the bookseller, on whom mainly depend&#13;
the material interests of literature.&#13;
Jn any scheme with the praiseworthy object of&#13;
improving the position of the bookseller two&#13;
points must be steadily borne in mind:&#13;
(1) Freedom of contract; and (2) freedom of&#13;
trade.&#13;
Thus, it is necessary that the author, the&#13;
publisher, and the bookseller must be free to&#13;
contract with one another to produce and sell on&#13;
whatever terms may be agreed upon.&#13;
It is not rijrht, nor can it be tolerated,&#13;
that any one of the three contracting parties&#13;
shall seek to control the other two and make&#13;
them bound in the general administration of their&#13;
business.&#13;
Thus, the plan recently proposed by the Pub-&#13;
lishers' Association was objected to by the Sub-&#13;
Committee on grounds which we need not here&#13;
repeat at length. The two principal re 1 sons were&#13;
the state of dependence to which the bookseller&#13;
would be reduced—i.e., he would be forbidden&#13;
the least freedom of dealing with his own while&#13;
he would be condemned to bear on his own&#13;
shoulders, as he does now, a greater share of risk&#13;
than is borne by the publisher; and, secondly,&#13;
the impossibility of carrying out the proposed&#13;
coercion. It was also pointed out that the pro-&#13;
posed relief to the bookseller meant at least an&#13;
equal, if not a greater, increase of profit to the&#13;
publisher, while nothing whatever was said as to&#13;
any corresponding advantage that was to be&#13;
offered to the author.&#13;
I. The plan before us does not involve any&#13;
coercion.&#13;
(1) The author nead not adopt it. It is an&#13;
individual offer controlled by the ordi-&#13;
nary rules of trade. This fact is in its&#13;
favour.&#13;
(2) The publisher is free to offer his wares,&#13;
subject to price and conditions.&#13;
(3) The bookseller is free to accept or decline.&#13;
II. The next point is that it recognises the&#13;
3&lt;7. discount in the case of books in general&#13;
literature published at 6s. and under. It&#13;
should thus conciliate those discount book-&#13;
sellers -who have so long and so earnestly pro-&#13;
tested against any interference with their freedom&#13;
of action.&#13;
III. In the case of a book published at a&#13;
higher price, it is proposed to let it be sold at a&#13;
discount of 2d. in the shilling only. Many book-&#13;
sellers contend that people who can afford to buy&#13;
a book published at 24*. will not mind much&#13;
&#13;
&#13;
## p. 32 (#44) ##############################################&#13;
&#13;
32 THE AUTHOR.&#13;
whether they get a discount of 2d. or yl.; i.e.,&#13;
whether they pay 18*. or 20*. for the book.&#13;
IV. The proposal to abolish the " odd copy ":&#13;
The reasons for this step commend themselves&#13;
strongly to us. The present system gives a great&#13;
advantage to booksellers who can afford to order&#13;
25 copies, which they get as 24; or 13, which they&#13;
get as 12; or in some cases 7 copies, which they&#13;
get a.« 6^. But it is only in the case of books in&#13;
large demand that the bookseller can afford to&#13;
order thirteen copies. In the case of highly&#13;
priced books he cannot think of taking them&#13;
except by ones and twos. Taking figures that&#13;
have been supplied to us, the result is that the&#13;
profit which he gets on, say, a 12s. book taken in&#13;
single copies is no more than what he gets on a&#13;
6s. book. Again, we are assured that with the&#13;
odd copy the profit on a 5s. book is not equal&#13;
to that made on two books at 2s. 6d. And the&#13;
profit on a "js. 6rf. book without the odd copy is no&#13;
more than that on a 5*. book with the odd copy,&#13;
and that on a 15*. book without the odd copy is&#13;
less than on two books at ys. 6d.&#13;
Now, with a uniform price, and without any&#13;
odd copy at all, the profit would advance with&#13;
the price and the bookseller would have a&#13;
greater inducement to push the higher priced&#13;
books.&#13;
There is another argument against the odd copy.&#13;
It is from the author's point of view. Although&#13;
the odd copy is by no means a universal privilege&#13;
to the bookseller—because, as we have said, he&#13;
cannot afford to order thirteen at a time—some&#13;
publishers are endeavouring to introduce in their&#13;
royalty agreements the words "thirteen as&#13;
twelve "—as if it was a sort of custom of the&#13;
trade. This practice deprives the author, without&#13;
the least right, of no less than 8 per cent. of&#13;
his dues. The author is no party to an arrange-&#13;
ment which, as booksellers contend, does more&#13;
harm than good; and if the practice is continued&#13;
he must refuse agreements when this fine is&#13;
inflicted.&#13;
With these considerations before us the Com-&#13;
mittee are strongly in favour of the abolition of&#13;
the "odd copy " altogether.&#13;
V. In the opinion of your Committee the&#13;
Scheme requires to be strengthened or altered by&#13;
the addition of two important clauses.&#13;
These are—&#13;
(a) A time limit. It is only reasonable that a&#13;
bookseller who has bought books under&#13;
the conditions set forth above should be&#13;
free after a certain time to sell at any&#13;
price he pleases. The time limit will&#13;
vary with different kinds of books. When&#13;
a book appears in the clearance catalogues&#13;
of Mudie or Smith, it might be necessary&#13;
for a bookseller to reduce his price if h&#13;
would sell the book at all. Your Com-&#13;
mittee are not prepared to define a time&#13;
limit for any classes of books, but they&#13;
must call attention to the point as one on&#13;
which the success of the method proposed&#13;
must eventually depend. &lt;&#13;
(6) A method of letting booksellers have books&#13;
on " sale or return."&#13;
This was recommended by your Sub-Committee&#13;
in their previous report. Kecent events have&#13;
only made them stronger in the belief that such&#13;
a plan must be brought into general operation.&#13;
The number of books now published is so&#13;
enormous, that no bookseller, however wealthy,&#13;
can afford to buy and to offer for sale all the books&#13;
which he would like to have in stock. The high-&#13;
priced books he supplies as a rule only when they&#13;
are ordered. Thus there are hundreds of books&#13;
which are produced but not published. That is&#13;
to say they are not offered to the public. Unless&#13;
a book is offered to the public it cannot be said&#13;
to be published. Or, to put it differently, we may&#13;
define publication as "production, exhibition, and&#13;
attempt to sell." The first is done by the printer;&#13;
the second and third by the bookseller. If the&#13;
bookseller cannot do his share, the book might&#13;
as well not be produced at all.&#13;
It is said that books on " sale or return" come&#13;
home soiled and spoiled. Perhaps so; but not&#13;
many. The proportion would be comparatively&#13;
small. And, in any case, these books would have&#13;
become remainder stock. If a book is a good&#13;
book there would be but little risk. If it is a&#13;
poor book the risk is not increased, because the&#13;
remainder stock would in any case swallow the&#13;
whole that was lost. And the great advantage&#13;
remains that the local bookseller would be enabled&#13;
to make a good show of all the books worth&#13;
showing.&#13;
It is for the publishers with the booksellers to&#13;
devise the details of this system.&#13;
But in a general adoption of the "sale or&#13;
return" system the bookseller must have the&#13;
freedom of choice. That is to say, he must not&#13;
be bound to accept any quantity of rubbish that&#13;
may be shovelled on to his shelves.&#13;
It is the opinion of this Committee that the&#13;
introduction of some general system of " sale or&#13;
return" and the abolition of the " odd copy," are&#13;
essential to the prosperity of the retail book-&#13;
trade, and that if these general reforms are intro-&#13;
duced, the terms of sale for each book should&#13;
be matter of voluntary contract between publisher&#13;
and booksellers, as suggested in the Scheme herein&#13;
considered.&#13;
By order of the Committee,&#13;
G. Herbert Thring, Secretary.&#13;
&#13;
&#13;
## p. 33 (#45) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
33&#13;
II.—1)eaft Form of suggested .Royalty&#13;
Agreement between Author and Pub-&#13;
lisher, DRAWN UP BY THE COUNCIL OF THE&#13;
Publishers' Association and submitted to&#13;
and approved by Mr. Joseph Walton,&#13;
Q.C., and Mr. Arthur R. Ingpen.&#13;
Royalty Agreement.&#13;
Memorandum of Agreement made this&#13;
day of between&#13;
(hereinafter termed the Author) of the one part,&#13;
and&#13;
(hereinafter termed the Publisher) of the other&#13;
part, whereby it is mutually agreed between the&#13;
parties hereto for themselves and their respective&#13;
executors, administrators, and assigns (or succes-&#13;
sors, as the case may be), as follows:—&#13;
1. The Publisher shall at- his own risk and&#13;
expense, and with due diligence, produce and&#13;
publish the work at present intituled&#13;
by&#13;
and use his best endeavours to sell the name.&#13;
2. The Author guarantees to the Publisher that&#13;
the said work is in no way whatever a violation&#13;
of any existing copyright, and that it contains&#13;
nothing of a libellous or scandalous character, and&#13;
that he will indemnify the Publisher from all&#13;
suits, claims and proceedings, damages, and costs&#13;
which may be made, taken, or incurred by or&#13;
against him on the ground that the work is an&#13;
infringement of copyright, or contains anything&#13;
libellous or scandalous.&#13;
3. The Publisher shall during thevlegal term&#13;
of copyiight have the exclusive right of producing&#13;
and publishing the work in the Inglish language&#13;
throughout the world. The Publisher shall have&#13;
the entire control of the publication and sale&#13;
and terms of sale of the book, and the Author&#13;
shall not during the continuance of this agree-&#13;
ment (without the consent of the Publisher)&#13;
publish any abridgment, translation, or dramatised&#13;
version of the work. i-&#13;
Comments by the Secretary of the Sociirra.&#13;
Firstly, then, the parties to the agreement.&#13;
"It is agreed for themselves, their respective&#13;
administrators, executors, and assigns, or suc-&#13;
cessors, as the case may be."&#13;
It is the greatest mistake for an author Ui&#13;
contract with the executors, administrators, and&#13;
assigns, or successors of a publisher. The con-&#13;
tract is between principal and agent, and is a&#13;
personal contract, and should be maintained as a&#13;
personal contract. Supposing an author were&#13;
dealing with one of the best publishing houses in&#13;
England, and the partners of that publishing&#13;
house, lor some reason or other, desired to retire&#13;
from the business; to clear up matters they&#13;
might put up the contracts for sale by auction or&#13;
otherwise. Under these circumstances an author&#13;
might find the right to publish his work pur-&#13;
chased by some enterprising tradesman, wh*i&#13;
would bring it out in a manner and form which&#13;
would be utterly repulsive to the author, and he&#13;
would have no means of stopping him; and the&#13;
6ame thing might occur should a firm go bank-&#13;
rupt. It is, therefore, a most dangerous thing W&#13;
allow the agent who is dealing with the property&#13;
to have a right to assign his agency.&#13;
In Clause i the publisher undertakes to pro-&#13;
duce the work with due diligence. These words,&#13;
as far as they go, are satisfactory, but the clause&#13;
is not nearly comprehensive enough. The follow-&#13;
ing points are suggested for consideration: that&#13;
a date ought to be fixed on or before which the&#13;
book should be produced; that the form in which&#13;
the edition is to appear should also be stated,&#13;
and the price at which it is to be sold to the&#13;
public.&#13;
Clause 2 may, on the whole, be passed, with&#13;
the single exception of the words "incurred&#13;
by." It is fair as between the parties that the&#13;
publisher should be protected from all suite&#13;
against him, but there is no reason why the&#13;
author should indemnify him from all expenses&#13;
incurred by him, as he might incur unnecessary&#13;
expenses without the sanction of the author.&#13;
There ought, therefore, to be some words of&#13;
limitation by which the author has a voice in any&#13;
action taken by the publisher.&#13;
Clause 3.—It is difficult to deal with Clause 3&#13;
without, in fact, re-drafting the whole of the&#13;
agreement, but it should be pointed out that the&#13;
rights which the author is expected to transfer by&#13;
this agreement include the rights of production in.&#13;
Tauchnitz form and in America. Such rights are&#13;
generally left in the hands of an agent, and much&#13;
better so than in the hands of publishers, for this&#13;
reason—that a publisher does not,as a general rule,&#13;
undertake the work of the literary agent; that lu*&#13;
&#13;
&#13;
## p. 34 (#46) ##############################################&#13;
&#13;
34&#13;
J HE AUTHOR.&#13;
office is not to place literary work in other hands,&#13;
but to produce literary work for the author; that&#13;
work of this kind left in the hands of publishers is&#13;
not likely to receive anything like the same atten-&#13;
tion as it is if left in the hands of a literary agent;&#13;
that the publisher is the only person who gains&#13;
by having control of this work, and that the&#13;
author loses by leaving it in his hands. It should&#13;
be further pointed out that the publisher does not&#13;
anywhere in the agreement undertake to secure&#13;
the American copyright for the author, nor even&#13;
to do his best to obtain it. It may pay an English&#13;
publisher better to sell sheets or stereos to&#13;
America, and pay the author a royalty, as per&#13;
Clause 4 (d), " of per cent. of the net amount&#13;
of the profits remaining after deducting all ex-&#13;
penses relating thereto."&#13;
It should be added, although no prices are&#13;
stated in this agreement, that for this agency work,&#13;
while the literary agent charges 10 per cent.,&#13;
the publisher actually asks from 30 to 50 per cent.;&#13;
out of a large series of agreements in my hands&#13;
from all sorts and conditions of publishers the&#13;
lowest charge for this literary agency business&#13;
has been 25 per cent., and this only in one case.&#13;
The last part of the clause is extraordinary.&#13;
It seems astounding that the author should not be&#13;
allowed to deal with the translation and dramati-&#13;
sation of his own work without the consent of the&#13;
publisher. An author must be mad to part with&#13;
his dramatic rights, perhaps more important than&#13;
all the rest put together. With regard to the&#13;
question of abridgment even, it is not fair that&#13;
the author should be bound not to abridge the&#13;
work unless the publisher is reciprocally bound&#13;
not to obtain an abridgment or to run any other&#13;
technical work which is likely to conflict with the&#13;
author's. So far, this clause has been considered&#13;
from the general point of view, but from the&#13;
point of view of the writ-r of technical works,&#13;
educational, medical, theological, &amp;c., &amp;c., the&#13;
clause is still more disastrous.&#13;
Under no circumstances should a writer of&#13;
technical books hand over to his publisher so large&#13;
a right of publication. It should be limited,&#13;
especially as to the number of the edition, giving,&#13;
if the author thinks fit, an equitable right to&#13;
produce further editions.&#13;
A technical writer must keep the command of&#13;
his work, must be able, if necessary, to alter,&#13;
amend, amplify. He cannot do this with a free&#13;
hand if he does not keep undivided control.&#13;
The publishers' answer will be: "But this is&#13;
provided for by Clauses 5 and 7."&#13;
But it is submitted that it is one thing for the&#13;
author to have unfettered judgment, and another&#13;
thing to be forced to revise at request of his&#13;
publisher or sop his work arbitrarily revised by&#13;
&#13;
&#13;
## p. 35 (#47) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
35&#13;
4. The Publisher agrees to pay the Author&#13;
the following royalties, that is to say :—&#13;
(a) A royalty of on the published&#13;
price of all copies (13 being reckoned as&#13;
12 or 25 as 24, as the case may be) of&#13;
the British edition sold beyond&#13;
copies.&#13;
(6) In the event of a cheaper edition being&#13;
issued, a royalty of per cent. on the&#13;
published price.&#13;
(r) In the event of the Publisher disposing&#13;
of copies or editions at a reduced rate for&#13;
sale in the United States, or elsewhere,&#13;
or as remainders, a royalty of&#13;
per cent. of the amount realised by such&#13;
sale.&#13;
(d) In the event of the Publisher realising&#13;
profits from the sale, with consent of the&#13;
Author, of early sheets, serial or other&#13;
rights, or plates for production of the&#13;
work in the United States or elsewhere,&#13;
or from claims for infringement of copy-&#13;
right, a royalty of per cent. of the&#13;
net amount of such profits remaining&#13;
after deducting all expenses relating&#13;
thereto.&#13;
No royalties shall be paid on any copies given&#13;
away for review or other purposes.&#13;
VOL. IX.&#13;
another. Whilst considering this question, it&#13;
should be mentioned that one of the peculiarities&#13;
of publishers' contracts is that in the case of&#13;
technical works a clause is nearly always intro-&#13;
duced conveying the copyright to the publisher.&#13;
An agreement containing such a clause should&#13;
never be signed by an author.&#13;
Clause 4.—In Section (a) the royalty is to be&#13;
paid thirteen copies as twelve or twenty-five as&#13;
twenty-four. The alternative appears to be left&#13;
wholly to the discretion of the publisher, who&#13;
naturally will prefer to pay on thirteen as twelve.&#13;
Royalties should never be calculated on this basis.&#13;
All the royalty accounts put forward by the&#13;
Authors' Society have been (wrongly) reckoned on&#13;
the basis that the royalty is paid on every copy&#13;
sold, it having been previously taken into account&#13;
in the Cost of Production that the publisher had&#13;
to sell thirteen for twelve to the booksellers. This&#13;
they do not really do, except they sell in quantities,&#13;
and a great many booksellers are unable to afford&#13;
to buy in quantities; therefore, in taking the&#13;
royalty to be paid as in Section (a), the publisher&#13;
is not only profiting by the liberal estimates of&#13;
the Society with regard to royalties, but is also&#13;
endeavouring to take in an extra 8 per cent., and&#13;
the extra amount on those copies, of which there&#13;
are miny, sold in less numbers than twelve.&#13;
This fact should also be made clear, that some&#13;
of the older and more reliable firms have never&#13;
put forward in their agreements a clause on this&#13;
basis, but have always paid on every copy.&#13;
The clause is also drafted that the royalty&#13;
should be paid on all copies seld beyond a certain&#13;
number. This seems to imply that no book can&#13;
afford to have a royalty paid on it from the&#13;
beginning. Of course this is not the case, but&#13;
when such an agreement is placed before an&#13;
author as an equitable agreement, these points of&#13;
equity should be clearly explained.&#13;
If the royalty is to be paid after the sale of a&#13;
certain number (generally such a number whose&#13;
sale will cover the cost of production), then the&#13;
author must take care (1) that a number beyond&#13;
the number specified is printed (2) that he gets a&#13;
proportionately higher royalty for foregoing it so&#13;
long—e.g., he must then get 50 per cent. of the&#13;
trade price.&#13;
All royalty agreements should further have the&#13;
royalty increasing with the sale if they cannot&#13;
bear a high royalty from the beginning. A&#13;
royalty increasing with the sale is certainly a fair&#13;
arrangement as between author and publisher.&#13;
Section (b.)—The issue of a cheap edition&#13;
appears under this section, as, indeed, under the&#13;
drafting of the whole agreement, to lie entirely&#13;
with the publisher. This is by no means a&#13;
satisfactory arrangement. Here, again, there is&#13;
&#13;
&#13;
## p. 36 (#48) ##############################################&#13;
&#13;
36&#13;
THE AUTHOR.&#13;
5. The Author agrees to revise the first, and,&#13;
if necessary, to edit and revise every subsequent&#13;
edition of the work, and from time to time to&#13;
supply any new matter that may be needful to&#13;
keep the work up to date.&#13;
6. The Author agrees that all costs of correc-&#13;
tions and alterations in the proof sheets exceeding&#13;
no proposed increasing royalty according to the&#13;
number of the cheap edition sold.&#13;
Section (c).—It is a common thing for the&#13;
author to receive a share of the nett amount&#13;
realised by the sale of remainders, but royalties&#13;
as a general rule are paid on the published price&#13;
of the sale of the book in the United States.&#13;
An author should not allow such a loose clause&#13;
to be in any agreement with the words "copies or&#13;
editions sold at a reduced rate should be subject&#13;
to — per cent. of the amount realised on such&#13;
sale." Who is to decide what is a reduced rate?&#13;
There are many different methods of selling&#13;
books to the trade; many of these might be called&#13;
books sold at a reduced rate. Under these cir-&#13;
cumstances it is unfair to the author to obtain a&#13;
share merely of the amount realised. Royalties&#13;
must be paid always on the published price,&#13;
except in the case of a remainder.&#13;
Section (c) therefore should allow a share of&#13;
the amount realised on bond fide remainder sales.&#13;
The rest should be altered. The case of re-&#13;
mainder sales should be distinguished with great&#13;
care from the sale of books at reduced prices;&#13;
this clause cannot but tend to confuse the two&#13;
issues.&#13;
Section (d).—If the publisher is successful in&#13;
doing the agency work stated in that section, it&#13;
is fair that he should have 10 per cent. commis-&#13;
sion on the returns, in accordance with the charges&#13;
of all ordinary agents. He might also perhaps&#13;
be fairly entitled to a 10 per cent. commission if&#13;
he was mainly instrumental in recovering money&#13;
for infringement of copyright. The balance would&#13;
be paid to the author.&#13;
The final section of Clause 4 is a little vague.&#13;
Of course, no royalty ought to be paid to the&#13;
author on copies given away by him or sent for&#13;
review, but the words "other purposes" might&#13;
cover a good deal more than this, and are insuffi-&#13;
ciently precise.&#13;
Clause 5.—The wording of the fifth clause is&#13;
not very satisfactory. In the case of technical&#13;
works, to which a clause like this specially refers,&#13;
the publishers should in the first instance be only&#13;
given a right to publish a limited number of&#13;
copies, and the author might in equity give him&#13;
the option of producing further editions, subject&#13;
to certain limitations. Under those circumstances&#13;
the right to revise would lie within the author's&#13;
hands, as it should do with the creator of any&#13;
work, who ought alone to have power to add or&#13;
subtract from what he has already put before the&#13;
world. This has all been explained when com-&#13;
menting on Clause 3, but the principle is of such&#13;
importance that it is worth while to repeat it.&#13;
Clause 6.—The author is not safeguarded hero.&#13;
Could it not be provided that periodically (say&#13;
&#13;
&#13;
## p. 37 (#49) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
37&#13;
25 per cent. of the cost of composition shall be&#13;
deducted from the royalties payable to him.&#13;
7. In the event of the Author neglecting to&#13;
revise an edition after due notice shall have been&#13;
given to him, or in the event of the Author being&#13;
unable to do so by reason of death or otherwise,&#13;
the expense of revising and preparing each such&#13;
future edition for press shall be borne by the&#13;
Author, and shall be deducted from the royalties&#13;
payable to him.&#13;
8. During the continuance of this agreement,&#13;
the copyright of the work shall be vested in the&#13;
who may be registered as the proprietor&#13;
thereof accordingly.&#13;
9. The Publisher shall make up the account&#13;
annually to&#13;
and deliver the same to the Author within&#13;
months thereafter, an 1 pay the balance due to the&#13;
Author on&#13;
10. If the Publisher shall at the end of three&#13;
years from the date of publication, or at any&#13;
time thereafter, give notice to the Author that in&#13;
his opinion the demand for the work has ceased,&#13;
or if the Publisher shall for sis months after the&#13;
work is out of print decline or, after due notice,&#13;
neglect to publish a new edition, then and in&#13;
either of such cases this agreement shall termi-&#13;
nate, and, on the determination of this agreement&#13;
in the above or any other manner, the right to&#13;
print and publish the work shall revert to the&#13;
Author, and the Author, if not then registered,&#13;
shall be entitled to be registered as the proprietor&#13;
thereof, and to purchase from the Publisher forth-&#13;
with the plates or moulds and engravings (if any)&#13;
produced specially for the work, at half-cost of&#13;
production, and whatever copies the Publisher&#13;
may have on hand at cost of production, and if&#13;
the Author does not within three months pur-&#13;
chase and pay for the said plates or moulds,&#13;
engravings, and copies, the Publisher may at any&#13;
time thereafter dispose of such plates or moulds,&#13;
engravings, and copies, or melt the plates, paying&#13;
VOL. IX.&#13;
weekly) during the printing the' author be&#13;
informed of the cost of corrections? He must in&#13;
any case be informed what is the cost of com-&#13;
position, and what is the connection between&#13;
corrections and shillings.&#13;
Clause 7 might, under certain circumstances—&#13;
that is if the publisher has purchased the copy-&#13;
right—be inserted in an agreement, but in the&#13;
present form of royalty agreement it should be&#13;
struck out. There is no need for it. Its imprac-&#13;
ticability with regard to technical writers during&#13;
their lifetime has been explained.&#13;
Clause 8.—There is no neud either for the&#13;
insertion of Clause 8. The copyright is the&#13;
author's, and must remain so. The clause is&#13;
inserted evidently with the idea of the copyright&#13;
being vested in the name of the publisher. This&#13;
would be a mistake.&#13;
Clause 9, the account clause, is so beautifully&#13;
vague that it is hardly worth while to comment&#13;
upon it, except to point out that it is a mistake&#13;
to have accounts made up annually delivered&#13;
three months after they are made up, with the&#13;
amounts due payable three months after that,,&#13;
making it possible for the publisher to retain the&#13;
author's money for nearly eighteen months. This&#13;
is a common account clause amongst publishers*&#13;
and no doubt they find it exceedingly useful to&#13;
have the control of the author's money for so long&#13;
a period. The mere interest on such money would&#13;
go a long way to pay the office expenses in a big&#13;
office. But the inconvenience to the author, not&#13;
to mention the danger of bankruptcy or similar&#13;
contingencies to the firm, is very considerable.&#13;
Clause 10.—The first part of Clause 10 is&#13;
certainly necessary for the protection of the&#13;
author, as it would be very awkward supposing&#13;
the publisher refused to produce the book when&#13;
the author had a certain market for it. If, how-&#13;
ever, as in the case of some educational works,,&#13;
the publisher desired still to maintain the control&#13;
of the market, so as not to allow the author to&#13;
republish a book in competition with one which&#13;
the publisher had already before the public, it&#13;
would be easy to evade the clause by having a&#13;
few copies ready on hand. The latter part of the&#13;
clause, however, could not possibly be equitable&#13;
as between author and publisher. It is quite&#13;
possible that the moulds and engravings might&#13;
be so worn that they would not be worth half the&#13;
cost of production, and the copies of the book that&#13;
the publisher had on hand might not be worth&#13;
the whole cost of production, as it is quite possible&#13;
that they might have been damaged or otherwise&#13;
defaced. If, therefore, the author refused to pur-&#13;
chase the books at the cost of production on&#13;
account of some damage that they had received, it&#13;
e 2&#13;
&#13;
&#13;
## p. 38 (#50) ##############################################&#13;
&#13;
3S&#13;
THE AUTHOR.&#13;
to the Author in lieu of royalties per cent.&#13;
of the net proceeds of such sale.&#13;
11. If any difference shall arise between the&#13;
Author and the Publisher touching the meaning&#13;
of this agreement, or the rights or liabilities of&#13;
the parties thereunder, the same shall be referred&#13;
to the arbitration of two persons (one to be named&#13;
by each party) or their umpire, in accordance&#13;
with the provisions of the Arbitration Act,&#13;
1889.&#13;
12. The term "Publisher" throughout this&#13;
agreement shall be deemed to include the person&#13;
or persons or company for the time being carrying&#13;
on the business of the said&#13;
under as well its present as any future style, and&#13;
the benefit of this agreement shall betrausmissible&#13;
accordingly.&#13;
As witness the hands of the parties.&#13;
would be possible for the author in reproducing&#13;
the work with some other publisher to be under-&#13;
sold. The author should have the option of&#13;
taking over the stock aud plates at a valuation.&#13;
The danger, however, is not a very large one, as&#13;
if the book was in such a cond tion that the&#13;
author dt sired to bring out a new edition and the&#13;
publisher did not, it would most probably argue&#13;
that the book had very nearly reached the end of&#13;
its sale, in which case there would most probably&#13;
be only a few copies on hand. The danger, how-&#13;
ever, is one that should be guarded against.&#13;
Clause 11 ought to be struck out, as, until a&#13;
dispute arises, it is impossible to say whether it is&#13;
a fit subject for arbitration; besides, arbitration&#13;
is more expensive than an action at law.&#13;
Clause 12 should on no account stand. It is&#13;
most important, as explained when discussing the&#13;
parties to this agreement, that the contract should&#13;
be a personal contract, and this point should&#13;
always bo before authors when signing agree-&#13;
ments. They should under no circumstances&#13;
allow such a cliuse to pass.&#13;
This is a fair comment on the royalty agree-&#13;
ment as it stands. Many suggestions might be&#13;
made as to the insertion of various clauses, and&#13;
the protection of the author on other points.&#13;
But, as stated in the opening sentences, these are&#13;
faults of omission, and the agreement has only&#13;
been dealt with as regards the drafted clauses.&#13;
It might be well to mention that some definite&#13;
time should be fixed on, before which a publisher&#13;
should not be allowed to make remainder sales.&#13;
Draft Form of suggested Sharing Profits&#13;
Agreement between Author and Pub-&#13;
lisher, DRAWN UP BY THE COUNCIL OF THE&#13;
Publishers' Association, and submitted&#13;
to and approved by Mr. Joseph Walton,&#13;
Q.C., and Mr. Arthur R. Ingpen.&#13;
Sharing Profits Agreement.&#13;
Memorandum of Agreement made the&#13;
day of between&#13;
(hereinafter termed the Author) of the one part&#13;
and&#13;
(hereinafter termed the Publisher) of the other&#13;
part, whereby it is mutually agreed between the&#13;
parties hereto for themselves and their respective&#13;
executors, administrators, and assigns (or suc-&#13;
cessors, as the case may be), as follows:—&#13;
The second agreement is one which has to do&#13;
with the division of profits. This system is&#13;
always a bad one between author and publisher,&#13;
as likely to lead to disputes on accounts, and as&#13;
giving scope for a great many minor difficulties.&#13;
An author should not, except under very extra-&#13;
ordinary circumstances, enter into any agreement&#13;
with a publisher for the sharing of profits. Under&#13;
no condition ought he to enter into an agreement&#13;
such as this, although the Publishers' Associa-&#13;
tion has put it forward as equitable between&#13;
the parties.&#13;
&#13;
&#13;
## p. 39 (#51) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
39&#13;
1. The Publisher shall, at his own risk and&#13;
expense, and with due diligence, produce and&#13;
publish the work at present intituled&#13;
by&#13;
and use his best endeavours to sell the same.&#13;
2. The Author guarantees to the Publisher that&#13;
the said work is in no way whatever a violation&#13;
of any existing copyright, and that it contains&#13;
nothing of a iibellous or scandalous character,&#13;
and that he will indemnify the Publisher from all&#13;
suits, claims, proceedings, damages, and costs&#13;
which may be made, taken, or incurred by or&#13;
against him on the ground that the work is an&#13;
infringement of copyright, or contains anything&#13;
libellous or scandalous.&#13;
3. The Publisher sLall, during the legal term&#13;
of copyright, have the exclusive right of pro-&#13;
ducing and publishing the work in the English&#13;
language throughout the world. The Publisher&#13;
shall have the entire control of the publication and&#13;
sale and terms of sale of the book, and the Author&#13;
shall not during the continuance of this Agree-&#13;
ment (without the consent of the Publisher) pub-&#13;
lish any abridgment, translation, or dramatised&#13;
version of the work.&#13;
4. The net profits arising from the sale of the&#13;
work and remaining after deduction of the&#13;
expenses of production and publication, shall be&#13;
divided into parts, of which part&#13;
shall be paid to the Author and the remaining&#13;
part shall belong to and be retained by&#13;
the Publisher.&#13;
5. The expenses of production shall betaken to&#13;
mean the actual cost of printing, paper, binding,&#13;
illustrating, and advertising, and all incidental&#13;
expenditure, and, where the Publisher produces&#13;
the work wholly or in part on his own premises,&#13;
such cost shall be calculated at current fair and&#13;
reasonable trade charges.&#13;
With regard to the parties to the agreement,&#13;
and with regard to Clauses 1,2, and 3, the same&#13;
remarks that have been made on the royalty agree-&#13;
ment will hold good. The fact that the^ same&#13;
clauses are inserted in the 'share profit agreement&#13;
does not in any way alter the position.&#13;
Clause 4.—With regard to Clause 4, which is&#13;
the first clause which refers especially to this&#13;
agreement, little can be said. How the profits&#13;
should be divided is a matter of arrangement&#13;
between the parties, and it is only possible there-&#13;
fore to draft a general clause.&#13;
Clause 5.—With regard to Clause 5, the author&#13;
should make it essential that he should know&#13;
approximately the cost of production of the book&#13;
beforehand, so that it would be impossible for the&#13;
publisher to charge what he has not paid. This&#13;
is provided against where the publisher produces&#13;
the work wholly or in part on his own premises;&#13;
but supposing it is not produced wholly or in&#13;
part on his own premises, the same danger of an&#13;
excessive cost of production would have to be met.&#13;
It is a curious point that amongst those pub-&#13;
lishers who do produce printed work on their own&#13;
premises the cost of production is generally&#13;
higher than that of printers in the open market.&#13;
When the author has obtained the cost of produc-&#13;
tion, and knows, as he ought to know definitely&#13;
in the agreement, at what price the book is to&#13;
sell, he can, on a rough calculation, reason out&#13;
what the profits are likely to accrue. He must&#13;
also reckon in an amount to be spent on adver-&#13;
tisements.&#13;
It is important that he should have some&#13;
control over the advertising, that he should have&#13;
a veto on the amount spent and on&#13;
&#13;
&#13;
## p. 40 (#52) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
6. The expenses of publication—viz., rent, rates,&#13;
and taxes of offices, clerks, travellers, warehouse-&#13;
men, porters, insurance, and bad debts—shall be&#13;
fixed at per cent. on the gross receipts from&#13;
the sale of the work.&#13;
7. In ascertaining the net profits of the work,&#13;
all discounts and allowances received and allowed&#13;
by the Publisher for cash payments or otherwise&#13;
shall be brought into account and be credited or&#13;
debited to the work.&#13;
8. The Publisher shall account at the customary&#13;
trade terms for all copies sold, but, in cases&#13;
where copies have been sold for export, or at&#13;
rates below the customary trade terms, as remain-&#13;
ders or otherwise, such copies shall lie accounted&#13;
for at the price realised.&#13;
which the advertisements are allowed to appear,&#13;
so that he can, if necessary, prevent the publisher&#13;
charging for advertisements in his own produc-&#13;
tions ox for exchanges with other papers, which&#13;
cost him nothing. One publisher in a profit-&#13;
sharing agreement inserts a clause allowing half&#13;
the cost for advertisements inserted in his own&#13;
papers, but this ought not to be allowed, as the&#13;
cost of mere print and paper is a mere trifle, and&#13;
the publisher is therefore tempted to advertise&#13;
largely in his own papers, when such expense will&#13;
probably swallow up all the profits of the book&#13;
which should go into the author's pocket.&#13;
Clause 6 should be removed. It is right that&#13;
all the expenses that can be shown to apply to a&#13;
particular book should be charged against that&#13;
book, but no other expenses, and it is absurd to&#13;
take other expenses at per cent. of the gross&#13;
receipts from the sale of the work, especially when&#13;
the work has a large sale or is a high-priced book.&#13;
Why, again, should the publisher alone among&#13;
tradesmen charge for his office expenses? Why&#13;
does he not allow the booksellers a percentage for&#13;
their office expenses? Why does not the author&#13;
receive a percentage for his?&#13;
Clause 7 will of course stand.&#13;
Clause 8 is a very disastrous clause. Even in&#13;
the hands of an honourable publisher it could not&#13;
be satisfactory. Books should, as a matter of&#13;
fact, be accounted for at the prices sold and not&#13;
at some arbitrary price as "the customary trade&#13;
terms." Customary trade terms unfortunately vary&#13;
immensely, and as the definition of " customary"&#13;
is a thing without variation, it is impossible&#13;
to apply the adjective to "trade terms." If&#13;
books are sold in numbers they are sold&#13;
thirteen as twelve. If they are not sold in&#13;
numbers, they are sold at the full discount price&#13;
less 10 per cent., or even sometimes 12^ per&#13;
cent. When books are sold thirteen as twelve&#13;
they are sometimes sold less 5 per cent., and at&#13;
other times less 10 per cent. off the discount price.&#13;
Again, they are not always sold on the discount&#13;
price. I have examples before me of a 3*. 6d.&#13;
book. Some of the sales were made at 2s. 4&lt;f.,&#13;
thirteen as twelve, less 10 per cent.; others were&#13;
sold at 2s. 6d., thirteen as twelve, less 12^ per&#13;
cent. I have another example of a book at 16*.,&#13;
which sold at 10s., thirteen as twelve, less 5 per&#13;
cent.; and again 10s., thirteen as twelve, less&#13;
10 per cent.&#13;
The words "customary trade terms" are not&#13;
the only difficulty in the clause. Who is to&#13;
decide what are to be called "rates below the&#13;
&#13;
&#13;
## p. 41 (#53) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
9. The Author agrees to revise the first, and, if&#13;
necessary, to edit and revise every subsequent&#13;
edition of the work, and from time to time to&#13;
supply any new matter that may be needful to&#13;
keep the work up to date.&#13;
10. The Author agrees to bear all costs of&#13;
corrections and alterations in proof sheets exceed-&#13;
ing 25 per cent. of the cost of composition, and&#13;
such excess shall be deducted from his share of&#13;
the net profits.&#13;
11. In the event of the Author neglecting to&#13;
revise an edition after due notice shall have been&#13;
given to him, or in the event of the Author being&#13;
unable to do so by reason of death or otherwise,&#13;
the expense of revising and preparing each such&#13;
future edition for press shall be borne by the&#13;
Author, and shall be deducted from his share of&#13;
the net profits of the work.&#13;
12. Ihiring the continuance of this Agreement,&#13;
the copyright of the work shall be vested in the&#13;
who may be registered as the proprietor&#13;
thereof accordingly.&#13;
13. The Publisher shall make up the account&#13;
of profit and loss annually to and deliver&#13;
the same to the Author within months&#13;
thereafter, and the balance appearing in such&#13;
account to be due to the Author shall be settled&#13;
on.&#13;
14. If the Publisher shall, at the end of three&#13;
years from the date of publication, or at any time&#13;
thereafter, give notice to the Author that in his&#13;
opinion the demand for the work has ceased, or&#13;
if the Publisher shall for six months after the&#13;
work is out of print decline or, after due notice,&#13;
neglect to publish a new edition, then and in&#13;
either of such cases this Agreement shall termi-&#13;
nate, and, on the determination of this Agree-&#13;
ment in the above or any other manner, the right&#13;
to print and publish the work shall revert to the&#13;
Author, who shall, if not then registered, be&#13;
entitled to be registered as the proprietor thereof,&#13;
and to purchase from the Publisher forthwith the&#13;
plates or moulds, and engravings (if any) pro-&#13;
duced specially for the work, at half-cost of pro-&#13;
duction, and whatever copies the Publisher may&#13;
have on hand at cost, and if the Author does not&#13;
customary trade terms," seeing that trade terms&#13;
vary so enormously? The clause is exceedingly&#13;
unsatisfactory, and the only cure is for the pub-&#13;
lisher to account for every copy of the book at&#13;
the price at which his books must show that it&#13;
was actually sold, and that he should not be&#13;
allowed to sell it below a fixed price without an&#13;
arrangement with the author. With regard,&#13;
also, to this clause, the option of the sale at a&#13;
reduced price is left entirely in the hands of the&#13;
publisher. This should be with the consent of&#13;
the author.&#13;
Clauses 9 to 16 have all been dealt with in the&#13;
article on the royalty agreement. Their situation&#13;
in the half-profit agreement does not make it&#13;
necessary to add anything to the remarks already&#13;
made. The difficulty of allowing them to stand&#13;
in the agreement has been fully set forth.&#13;
&#13;
&#13;
## p. 42 (#54) ##############################################&#13;
&#13;
42&#13;
THE AUTHOR&#13;
within three months purchase and pay for the&#13;
aid plates or moulds, engravings and copies, the&#13;
Publisher may at any time thereafter dispose of&#13;
such plates or moulds, engravings, and copies,&#13;
or melt the plates, and the net proceeds of&#13;
such sale shall be brought into the Publisher's&#13;
account as part of the proceeds of sale of the&#13;
work.&#13;
15. If any difference shall arise between the&#13;
Author and the Publisher touching the meaning&#13;
of this Agreement, or the rights or liabilities of&#13;
the parties thereunder, the same shall be referred&#13;
to the arbitration of two persons (one to be&#13;
named by each party) or their umpire, in accord-&#13;
ance with the provisions of the Arbitration Act&#13;
1889.&#13;
16. The term "Publisher" throughout this&#13;
Agreement shall be deemed to include the person&#13;
or persons or Company for the time being carry-&#13;
ing on the business of the said under as&#13;
well its present as any future style, and the&#13;
benefit of this Agreement shall be transmissible&#13;
accordingly.&#13;
As witness the hands of the parties.&#13;
Suggested Terms for Producing and Pub-&#13;
lishing Books on Commission where the&#13;
Production and Publication are placed&#13;
in the Publisher's hands, drawn up and&#13;
approved by the Council of the Pub-&#13;
lishers' Association.&#13;
Terms for Producing and Publishing Books on&#13;
Commission where the Production and Publi-&#13;
cation are placed in the Publisher's Hands.&#13;
1. A fee of shall be paid to the pub-&#13;
lisher previous to opening an account for its&#13;
production and publication.&#13;
1. The Publisher will supply the Author with&#13;
estimates for the printing, and will charge a com-&#13;
mission of per cent. on the trade prices&#13;
for printing, paper, binding, advertising, and&#13;
other disbursements, and reserve to himself the&#13;
right to take the usual credit or the equivalent&#13;
cash discount for cash payments, but no such&#13;
discount shall exceed 75 per cent.&#13;
The next agreement that comes under discus-&#13;
sion is a commission agreement. It does not&#13;
appear from the statement which is endorsed&#13;
upon it to have been settled by counsel on behalf&#13;
of the Association, although it appears to have&#13;
been approved by the Council of the Association.&#13;
The agreement is headed "Terms for produc-&#13;
ing and publishing books on commission where&#13;
the production and publication are placed in the&#13;
publisher's hands."&#13;
It would be impossible to approve the terms of&#13;
this agreement on behalf of an author.&#13;
In Clause 1 a fee is to be paid to the publisher&#13;
previous to opening an account. A great deal, of&#13;
course, would depend upon the amount of the fee&#13;
asked for. If the fee was a reasonable one the&#13;
clause might be passed. A fee of this kind, how-&#13;
ever, has generally in publishers' agreements been&#13;
subsequently deducted from the commission due&#13;
to the publisher, but in this agreement no such&#13;
course is put forward.&#13;
In Clause 2 the publisher is going to hand in&#13;
estimates to the author, and on these estimates&#13;
he is to charge a percentage. This course makes&#13;
the publisher's and author's interests in direct&#13;
variance, for the higher the estimates the greater&#13;
the publisher's percentage. From this point of&#13;
view the clause is a bad one, quite apart from&#13;
the right of the publisher to have a percentage&#13;
on the cost of production at all in addition to all&#13;
the other profits that he is going to make out of&#13;
&#13;
&#13;
## p. 43 (#55) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
43&#13;
3. The Author or Proprietor shall, before the&#13;
work is sent to press, pay the publisher a suffi-&#13;
cient sum to meet the estimated charges for&#13;
production and publication, including such a sum&#13;
for advertising as the Author or Proprietor may&#13;
deem desirable.&#13;
The Publisher will charge a commission of&#13;
per cent on the sales.&#13;
5. The Publisher shall account at the customary&#13;
trade terms for all copies sold, but in cases where&#13;
copies have been sold for export or at rates below&#13;
the customary trade terms, as remainders or&#13;
otherwise, such copies shall be accounted for at&#13;
such lower prices.&#13;
6. The entire management of the production,&#13;
publication, and sale of the work shall be in the&#13;
hands of the Publisher.&#13;
the book. Again, he is to be allowed to take&#13;
7! per cent-, discount for cash payments. This&#13;
discount he will be able to obtain at once, as&#13;
under Clause 3 the author is to pay the publisher&#13;
a sum to cover the estimated cost of production&#13;
before the work is sent to press. More than this,&#13;
he is to pay for the advertisements at, the same&#13;
time, when it is hardly possible that the cash will&#13;
be needod for advertising until three or four&#13;
months later at the ear lie it. To the end of&#13;
Clause 2, therefore, the publisher makes in the&#13;
way of profits a fee to begin with, a percentage&#13;
on the cost of production, binding, and advertis-&#13;
ing, it being to the publisher's interest to make&#13;
these charges as high as possible, and a discount&#13;
of i\ per cent. on the same items. This is a&#13;
good beginning when the publisher is to have no&#13;
risk whatever as regards the book, all expenses&#13;
being covered by the author.&#13;
In Clause 3 the author has to pay the sum as&#13;
stated above before the work is sent to press.&#13;
This clause could not be reasonable as between&#13;
author and publisher. That the publisher should&#13;
have some part of the payment down is quite&#13;
fair if he was bound to produce the work by a&#13;
certaiu date, but under the terms as put forward&#13;
he might put off publication for a very long time,&#13;
and, in the meautime, would have the use of the&#13;
author's money. That the author should have&#13;
to pay the whole sum is absurd. An equitable&#13;
arrangement suggested would be one-third when&#13;
the agreement is made, such agreement stating&#13;
definitely the date on or before which the book&#13;
should be published, the second third on the&#13;
final delivery of the proofs, and the final amount&#13;
on the publication of the book.&#13;
By Clause 4 t he publisher charges a commission&#13;
on the sales of the book. This is the general&#13;
form by which a publisher obtains his profits on&#13;
a commission book, and is the fairest form, the&#13;
interests of the publisher and author being com-&#13;
mensurate.&#13;
The objections to Clause 5, with regard to&#13;
customary trade terms, have been put forward in&#13;
commenting on Clause 8 of the half-profit agree-&#13;
ment. There is no need to repeat them.&#13;
Clause 6 should not, on any account, stand in&#13;
an agreement of this kind. The book is the&#13;
author's. He pays for it entirely. He is, how-&#13;
ever, not to have any voice with regard to the&#13;
papers in which the book is to be advertised,&#13;
with regard to the price of the book, and other&#13;
important matters. All these are to be entirely&#13;
in the hands of the publisher, who possibly might&#13;
sell the book at such a published price that the&#13;
author could not possibly be remunerated on his&#13;
&#13;
&#13;
## p. 44 (#56) ##############################################&#13;
&#13;
44&#13;
THE AUTHOR.&#13;
7. Accounts will be made up annually to&#13;
and rendered within months&#13;
after the date of making up, and the balance due&#13;
paid on&#13;
8. The Publisher does not undertake to send&#13;
out copies of the work on sale or return.&#13;
9. The Publisher will not be responsible for&#13;
loss or damage by fire or in transit.&#13;
10. The Publisher will deliver the five copies&#13;
required by Act of Parliament for the British&#13;
Museum and Public Libraries.&#13;
11. The Author shall guarantee to the Pub-&#13;
lisher that the said work is in no way whatever&#13;
a violation of any existing copyright, and that it&#13;
■contains nothing of a libellous or scandalous&#13;
character, and that he will indemnify the Pub-&#13;
lisher from all suits, claims, procedings, damages,&#13;
and costs which may be made, taken, or in-&#13;
curred by or against him on the ground that the&#13;
work is an infringement of copyright, or contains&#13;
anything libellous or scandalous.&#13;
12. When the Publisher considers that the&#13;
demand for the work has ceased, the unsold stock&#13;
may be returned to the Author or Proprietor, or&#13;
disposed of at the Publisher's discretion, after&#13;
,due notice of such intention has been given to the&#13;
Author or his representatives.&#13;
outlay. Further, if the published price was&#13;
reasonable, the publisher might sell it at such a&#13;
reduced rate that the author could not be remu-&#13;
nerated, and the author would have no voice&#13;
whatever in stopping such a proceeding.&#13;
The objections to Clause 7 have been put&#13;
forward with regard to Clause 9 of the royalty&#13;
agreement.&#13;
It is a pity that Clause 8 should be inserted,&#13;
as the booksellers confess that with expensive&#13;
books the chance of 6ale is considerably increased&#13;
by an arrangement for books being forwarded&#13;
"on sale or return," for the reason that they are&#13;
unable to stock expensive books.&#13;
Clauses 9 and 10 may stand, with the excep-&#13;
tion of wilful neglect in the case of fire, &amp;c.&#13;
Clause 11 has been already commented on as&#13;
Clause 2 in the royalty agreement.&#13;
Clause 12 should not be drawn in the alterna-&#13;
tive. Here the stock in hand belongs to the&#13;
author, and is put in the hands of the publisher&#13;
as his agent. The publisher, however, may either&#13;
return the unsold stock to the author or dispose&#13;
of it at his discretion, which is by no means fair&#13;
to the author. If the author refused to receive&#13;
the unsold stock when the demand for the work&#13;
had ceased, then the publisher might have the&#13;
right of disposing of it at his discretion, but the&#13;
publisher should not have the right in the alter-&#13;
native as the clause is at present drawn.&#13;
Suggested Terms for Publishing Books on&#13;
Commission where the Publication only&#13;
is placed in the hands of the Publisher,&#13;
deawn up and approved by the council&#13;
of the Publishers' Association.&#13;
Terms for Publishing Books on Commission&#13;
where the Publication only is placed in the&#13;
hands of the Publisher.&#13;
1. A fee of shall be paid to the Pub-&#13;
lisher previous to opening an account for the&#13;
publication of the work.&#13;
The last agreement that the publishers put&#13;
forward is the commission agreement, where the&#13;
publication only is placed in the hands of the&#13;
publisher. Like the last one, it does not appear&#13;
to have been settled by counsel, but is only put&#13;
forward as approved by the Council of the Pub-&#13;
lishers' Association.&#13;
There is very little further to be said on the&#13;
agreement beyond what has already been said on&#13;
the prior agreements, especially the last one.&#13;
Clauses 1, 2, and 3 have already been dealt&#13;
with.&#13;
&#13;
&#13;
## p. 45 (#57) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
45&#13;
2. The Publisher will charge a commission of&#13;
per cent. on the sales.&#13;
3. The Publisher shall account at the customary&#13;
trade terms for all copies sold, but in cases where&#13;
copies have been sold for export, or at rates below&#13;
the customary trade terms, as remainders or&#13;
otherwise, such copies shall be accounted for at&#13;
such lower prices.&#13;
4. No other name but that of shall&#13;
appear on the title-page as publisher of the work,&#13;
which is to be sold only through his agency. A&#13;
proof of the title-page shall be submitted to and&#13;
approved by the Publisher before printing off.&#13;
5. The Publisher will, if desired, act as adver-&#13;
tising agent for the Author, charging a commis-&#13;
sion of per cent. on the actual amount&#13;
expended.&#13;
6. The entire management of the publication&#13;
and sale of the work shall be in the hands of the&#13;
Publisher.&#13;
7. Accounts will be made up annually to&#13;
and rendered within months after the&#13;
date of making up, and the balance due paid on&#13;
8. The Publisher does not undertake to send&#13;
out books on sale or return.&#13;
9. The Publisher will not be responsible for loss&#13;
or damage by fire or in transit.&#13;
10. The Publisher will deliver the five copies&#13;
required by Act of Parliament for the British&#13;
Museum and Public Libraries.&#13;
11. The Author shall guarantee to the Pub-&#13;
lisher that the said work is in no way whatever a&#13;
violation of any existing copyright, and that it&#13;
contains nothing of a libellous or scandalous&#13;
character, and that he will indemnify the Pub-&#13;
lisher from all suits, claims, proceedings, damages,&#13;
and costs, which may be made, taken, or incurred&#13;
by or against him on the ground that the work is&#13;
an infringement of copyright, or contains any-&#13;
thing libellous or scandalous.&#13;
12. When the Publisher considers that the&#13;
demand for the work has ceased, the unsold stock&#13;
may be returned to the author or disposed of at&#13;
the Publisher's discretion, after due notice of&#13;
such intention has been given to the Author or&#13;
his representatives.&#13;
Clause 4 is a reasonable clause as far as both&#13;
publisher and author are concerned.&#13;
Clause 5 is a difficult clause to deal with. It&#13;
is certainly necessary that, if an author is publish-&#13;
ing on commission, his books should be advertised&#13;
in the list of the publisher who is acting for him.&#13;
It is certain also that the publishers, owing to the&#13;
large advertisements that they can send round to&#13;
the papers, get a discount from the papers for&#13;
advertisements. All discounts thus obtained by&#13;
the publisher acting as an agent would be credited&#13;
to the author, and the publisher's percentage&#13;
reckoned against the lower amount.&#13;
Clause 6 has been commented on, and the&#13;
reasons have been put forward very strongly, why&#13;
the whole management of the publication and&#13;
sale of the work should not be in the hands of&#13;
the publisher.&#13;
The account Clause 7 has also been dealt with.&#13;
It is only necessary to repeat that it is a bad one.&#13;
It has been already demonstrated that Clause 8&#13;
is unsatisfactory.&#13;
Clauses 9 and 10 are reasonable clauses, and&#13;
might well be left, with the exception stated in&#13;
the former agreement.&#13;
Clause 11 has been commented on in the former&#13;
agreement.&#13;
Clause 12 has also been commented on in t&#13;
last agreement.&#13;
It appears that the publishers have not put forward any agreement between an author and&#13;
themselves with regard to the purchase outright of the copyright, thinking, I suppose, that when&#13;
&#13;
&#13;
## p. 46 (#58) ##############################################&#13;
&#13;
46&#13;
THE AUTHOR&#13;
the book is purchased outright they are sufficiently protected and the author also. This is a view&#13;
that I find it impossible to hold. The publisher, for instance, should be protected against an&#13;
abridgment. The author should be protected against the non-publication of his work, publication&#13;
in an altered form, and publication without his name attached.&#13;
The forms of agreement, therefore, as existing between author and publisher are in reality&#13;
four:—&#13;
1. —Royalty Agreement.&#13;
2. —Profit Sharing Agreement.&#13;
3. —Agreement for Purchase Outright.&#13;
4. —Commission Agreement.&#13;
(a) Where the publisher produces the book.&#13;
(6) Where the book is placed in the publisher's hands already printed.&#13;
It is to be hoped that before circularising thase agreements amongst the various publishing&#13;
offices, the publishers will seriously consider them again from a fair and moderate point of view.&#13;
From some points of view the agreements are much worse than those issuing from some of the better&#13;
and more reliable publishing houses; but it must be stated that, from many points of view, they are&#13;
better than the agreements which, we regret to say, publishers are now placing before authors&#13;
which embody every advantage which it is possible for a publisher to acquire without taking into&#13;
consideration at all the author's rights of dealing with his own property.&#13;
G. Herbeet Thring, Secretary.&#13;
The comments on the publishers' agreements drawn by the Secretary of the Society have been&#13;
carefully considered by the Committee and indorsed by them, and are published in The Author by&#13;
order of the Committee. G. H. T.&#13;
FURTHER COMMENTS.&#13;
SOME time ago, when it was mentioned at a&#13;
meeting of the Committee that a Publishers'&#13;
Association was in formation, the Chairman&#13;
remarked that no more desirable thing could&#13;
happen. He meant, I supposed, that the better&#13;
kind among publishers would take the lead: that&#13;
the practices of the other kinds would be strongly&#13;
condemned and discountenanced: and that an&#13;
honest endeavour would be made to put the rela-&#13;
tions between themselves and the authors on a&#13;
footing of principle and reason. It was also hoped&#13;
by some that the practices—which some call fraud&#13;
— of charging moneys which have not been paid&#13;
away, and advertisements which have cost nothing:&#13;
and of overstating—which in every case is a de-&#13;
liberate LIE—the costs of printing, paper, bind-&#13;
ing, &amp;c., would be denounced with the plainness&#13;
of speech which the subject and the good name&#13;
of the trade demand. Some went so far as to&#13;
suppose that, in cases where the publishers did&#13;
not agree with the authors, some reason would&#13;
be forthcoming; and all supposed, further, that&#13;
the original demands of authors, put forward at&#13;
the outset, and again and again repeated in these&#13;
pages, would be at once recognised by any body&#13;
of men who wish to be ranked as men of honour.&#13;
They are these:&#13;
(1.) We ask for common honesty in dealings.&#13;
(2.) We ask for agreements that shall plainly&#13;
set forth what the publisher proposes to take for&#13;
his own trouble—say, his own trouble and risk, in&#13;
the few cases where he incurs risk.&#13;
(3.) We ask for books open to inspection.&#13;
The last claim is one to which everyone having&#13;
a share in any enterprise is entitled by common&#13;
law. Perhaps, therefore, it should be withdrawn.&#13;
Or, if it stands, it is only to remind both sides&#13;
that it is a right.&#13;
The Publishers' Association has not yet fulfilled&#13;
these expectations. It has now, however, issued&#13;
a set of " draft agreements," some of which have&#13;
been approved by Counsel. They have been sent to&#13;
Mr. Turing, whose comments upon them precede&#13;
these remarks. The documents, in fact, with&#13;
these comments, are of the highest importance to&#13;
everybody concerned with the material well-being&#13;
of literature: they concern the independence of&#13;
literature: they concern its dignity and self-&#13;
respect. If authors can be brought to consent to&#13;
the degrading terms on which publishers in their&#13;
collective wisdom, not as individual grabbers,&#13;
propose in future to manage their affairs, they&#13;
will rapidly sink back to the position as pub-&#13;
lishers' hacks which, with a few exceptions, they&#13;
formerly occupied. For it will be seen that the&#13;
publishers propose to put the clock back and now&#13;
lay claim to the whole of literary property—its&#13;
entire management and nearly all the emolu-&#13;
ments.&#13;
A profession to be respected must be indepen-&#13;
dent. Literature ought to be, and must be,&#13;
independent. In order to attract the best.&#13;
&#13;
&#13;
## p. 47 (#59) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
47&#13;
intellects there mu^t be material prospscts and&#13;
prizes: there must be se'f-respect: there must be&#13;
independence. Otherwise literature will become&#13;
once more, as it was fifty years ago, a profession&#13;
of contempt, honoured only in the persons of half&#13;
a dozen leaders. And, as it was forty years ago,&#13;
those who followed the profession of letters&#13;
because the call was too strong to be neglected,&#13;
will do so with increased bitterness and resent-&#13;
ment in their hearts against the intolerable&#13;
tyranny of the people who live by seizing on the&#13;
brain work of ihe world and selling it, to their&#13;
own sole profit and advantage.&#13;
It has been shown over and over again in these&#13;
pages, that in the matter of general literature,&#13;
and setting aside great works, such as encyclo-&#13;
paedias and dictionaries and so forth, the risk&#13;
run by the publisher is in most cases either very&#13;
small, viz., the difference between the first sub-&#13;
scription and the cost of production: or it is&#13;
nothing at al'. Thnt is to say, it cannot be too&#13;
often repeated, that there are hundreds of writers&#13;
in the various branches of literature whose works&#13;
carry no risk whatever. In every branch, whether&#13;
of science, art, belles lettres, history, educational&#13;
books, poetry, fiction, theology, there are authors&#13;
—they write nearly all the important books pro-&#13;
duced—the proceeds of whose works are quite&#13;
certain to exceed the cost of production. Of&#13;
those writers whose works do carry risk, by far&#13;
the greater number are made to pay for the pro-&#13;
duction, and to pay, in most cases, largely in&#13;
excess of their cost. In arguing, therefore, about&#13;
the share due to the publisher we may consider&#13;
the question of risk separately.&#13;
What, then, do publishers actually do for the&#13;
majority of books? They put them through&#13;
a mechanical process. I have done it myself for&#13;
something like forty books. My process involved&#13;
spending a few minutes with a printer and a few&#13;
minutes with a binder: arranging that they&#13;
should be paid a certain time after the book was&#13;
produced, in &lt;rder to avoid paying any money&#13;
except from the proceeds of the book. In most&#13;
,cases there was no money paid except from the&#13;
proceeds. Yet some of these were books carrying&#13;
risk, as most publishers would plead. And they&#13;
cost nothing, because the proceeds covered the&#13;
risks.&#13;
Observe that I do not say that a publisher&#13;
never runs risks. I say that as a matter of fact&#13;
his risks are few and of very small amount—&#13;
of even trivial amount—as a rule: and that he&#13;
need not run risks unless he likes.&#13;
But a great house—it will be objected—gives&#13;
the author the benefit of his name. Is that a&#13;
benefit? How is it, then, that so many successes&#13;
are made with the name of new and quite small&#13;
firms? The name of a firm on a title-page is&#13;
worth exactly nothing to the general public: it&#13;
carries no weight with the mass of readers: or, if&#13;
any, then there are fifty houses which carry equal&#13;
weight.&#13;
The public cares nothing who publishes a book:&#13;
of all tradesmen the publisher is the least&#13;
regarded by the world. There is no single name on&#13;
a title page, I repeat, which will commend a book&#13;
to the general public more than any other name.&#13;
With these considerations let us turn to the&#13;
"Draft Agreements," and apply the test of a few&#13;
figures.&#13;
I. The Royalty Agreement.&#13;
The agreement demands that the royalty should&#13;
be paid on thirteen as twelve or on twenty-five as&#13;
twenty-four, " as the case may be." What case F&#13;
The publisher's interest, of course. Now, the&#13;
book is not sold at either thirteen as twelve or&#13;
twenty-five as twenty-four, except where the&#13;
bookseller orders a dozen—a very rare occurrence.&#13;
However, this claim means 8 per cent. in the&#13;
publishers' pockets.&#13;
When a deferred royalty has allowed the cost of&#13;
production to be paid for, the author must have&#13;
50 per cent. of the price to the trade, that is to&#13;
say, at least the half. That is evidently not&#13;
intended by the agreement, or it would have&#13;
been so stated.&#13;
In case of sales to America, the publisher&#13;
proposes to give the author a royalty. In other&#13;
words, he claims what he calls publishers' rights&#13;
for agents' work. Very well. Now let us see what&#13;
the publisher may get on this agreement, and&#13;
what he may give to the author.&#13;
We assume a book which costs 150 to produce&#13;
an edition of 3000 copies, including advertise-&#13;
ments. It sells to the trade at an average of&#13;
3*. 6d. a copy. Under existing arrangements,&#13;
what may the author make out of his work? The&#13;
royalties are estimated at what is called a&#13;
moderate figure, which gives more than half&#13;
profits to the publisher.&#13;
He may get a good price for his English serial&#13;
right—say, .£400: a lower price for his American&#13;
serial right—say .£200. Royalties on 3000 copies&#13;
at 20 per cent., .£180: American royalties at 15&#13;
per cent. on 2000, say £90: continental rights,&#13;
say .£50: translation rights, say £2 5 (these&#13;
rights are generally nominal): dramatic rights if&#13;
the book is successfully dramatised, some thou-&#13;
sands—an unknown quantity. Without reckon-&#13;
ing the last, which no publisher to my knowledge&#13;
has ever before ventured to claim, the author,&#13;
who you will observe is not put forward as one&#13;
of the most successful, stands to make .£925 for&#13;
his book, or .£525 in addition to the English&#13;
serial rights.&#13;
&#13;
&#13;
## p. 48 (#60) ##############################################&#13;
&#13;
48&#13;
THE AUTHOR.&#13;
The publisher, under these conditions, makes&#13;
his profit of .£225 on the volume form—quite&#13;
enough for the work he has done for it.&#13;
What does the publisher propose to make&#13;
under the new proposals? He has not, it must&#13;
be owned, dared as yet to claim the English serial&#13;
right. This omission has, I doubt not, made&#13;
many honourable persons very sad. It is, indeed,&#13;
truly wonderful that they did forget it. However,&#13;
he gives the author a royalty, say, of a shilling a&#13;
copy, which leaves himself .£225: he takes the&#13;
American serial right and gives the author 10 per&#13;
cent. royalty on it, leaving himself .£180: he&#13;
takes the American royalties and gives the author&#13;
a royalty on them, say of 10 per cent., leaving&#13;
himself .£81 : in the same way he keeps .£45 out&#13;
of the continental rights and .£22 out of the&#13;
translation rights. In all the publisher apparently&#13;
proposes to take .£553 for himself, and to give&#13;
the author .£i86 instead of the .£525 which he&#13;
now takes.&#13;
Is it possible that any body of men can be&#13;
brought to believe that any other body of men&#13;
and women will consent to such wholesale&#13;
plunder of their property?&#13;
But this is not enough. They further demand&#13;
the right of keeping all the money in their own&#13;
hands for eighteen months before they pay the&#13;
author! Will any other business man in any&#13;
other line of business, give us his opinion on this&#13;
and the other clauses of this brazen claim upon&#13;
the property of others in return for a service of&#13;
machinery?&#13;
II. Let us nest take a Profit-sharing Agree-&#13;
ment.&#13;
The author ignorantly supposes that it means&#13;
a share of profits. It does nothing of the kind.&#13;
It means a share of the poor remnant when the&#13;
publisher has laid his hand on everything to&#13;
which he can make out a claim with or without&#13;
the least regard to reason or principle.&#13;
What is it he claims, however?&#13;
1. A percentage on the gross receipts for office&#13;
expenses. Where are the author's office&#13;
expenses? Where are the booksellers'?&#13;
Now, the gross receipts may mean a large sum.&#13;
Mr. Hall Caine's " Christian" is believed&#13;
to have circulated 160,000 copies. The&#13;
receipts were probably £2 8,000. Ten&#13;
per cent. on this means .£2800. This&#13;
seems a very large sum for the office&#13;
expenses connected with one book only,&#13;
and for a very limited period—say four&#13;
months. One envies the immense salaries&#13;
of the packers, all, probably, university&#13;
men and members of West-end clubs.&#13;
And one pictures the huge warehouses&#13;
which were built at enormous cost to&#13;
contain books of a circulation so enormous.&#13;
But the circulation of this book is excep-&#13;
tional. Very true. We must, however,&#13;
always try a proposition by an extreme&#13;
case. Thus, by this way of reckonining,&#13;
if a book has no sale at all, it has cost&#13;
nothing for office expenses: if it has&#13;
a very small sale, say, of a 100 copies,&#13;
bringing in .£20, the office expenses&#13;
have been only £2. Now, it is a fact&#13;
that a great many publishers do not keep&#13;
their wares in their own houses, but at&#13;
the binders', and I have never heard that&#13;
they have offered to hand over the sums&#13;
they claim for office expenses to the&#13;
binders who really defray them.&#13;
As in every other trade, his "office expenses"&#13;
are part of the publisher's machinery.&#13;
He places it at the service of the author:&#13;
it is all, in most cases, that he does for&#13;
the book: if he is to be paid for office&#13;
expenses, so is the author: so, more than&#13;
than either, is the bookseller.&#13;
Now, if a be the cost of product;on and&#13;
b the proceeds the publisher gets for him-&#13;
self, he first gets 1 0 per cent. on b, that is&#13;
—. Next he has the power of saying that&#13;
the books were sold at " customary trade&#13;
prices," that is at anything he pleases—&#13;
he may quite safely pocket another 10&#13;
per cent on this item. For instance, if&#13;
he gets 3*. l0d. as the general price for&#13;
the trade, and 3*. 5*?. for special terms, he&#13;
may call the "customary trade price,"&#13;
3*. &lt;-,d, and no one can prevent him. This&#13;
would give him over 13 percent. He can&#13;
overcharge the cost of production by&#13;
what he pleases—say 10 per cent. if he is&#13;
moderate—and he can make this 10 per&#13;
cent. even 30 per cent. by charging adver-&#13;
tisements which he has not paid for.&#13;
Finally he can keep the money due to&#13;
the author for eighteen months. How&#13;
do we stand now? The publisher has&#13;
taken&#13;
^- + A + —a = 2b + ?,a} from tljg returns of&#13;
10 10 10 10&#13;
the book.&#13;
There remains b—a— 2^_*_ to be divided.&#13;
10&#13;
The author, therefore, would get ——&#13;
20&#13;
for his share of the property.&#13;
If the book cost £100 and realised .£200, the&#13;
author would net .£15 ; the publisher would get&#13;
.£85.&#13;
&#13;
&#13;
## p. 49 (#61) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
49&#13;
There is a half-profit system! And we have&#13;
not counted the eighteen months' interest!&#13;
III. A commission book. Here the victim&#13;
thinks he has only to pay a commission on the&#13;
sales. He will learn when the bills come in what&#13;
the agreement means.&#13;
The publisher takes (i) a fee—say, ,£i0: (2)&#13;
a commission on the cost of production—why ?—&#13;
say 15 per cent.—no amount is proposed. (3) dis-&#13;
count up to 7§ per cent.—why? (4) the payment&#13;
of the cost in full, and at once, though it will be&#13;
three or four months before the book is ready,&#13;
and six months before he has to pay the printer,&#13;
so that he gets the use of the money for six&#13;
months; (5) a commission on sales—say 15 per&#13;
cent.; (6) permission to set down the sales at&#13;
anything he pleases, since "customary trade&#13;
prices " means nothing. This gives him perhaps&#13;
another 10 per cent., perhaps more. Lastly, he&#13;
keeps the author's money for eighteen months.&#13;
You see this is not exactly taking a commission&#13;
and so to be done with it.&#13;
If we work it out taking a for the cost of pro-&#13;
duction, b for the proceeds, and c for the fee:&#13;
We find that the publisher takes, reckoning&#13;
the interest at 5 per cent.:&#13;
c + —5- a H 2- a + - — a + —i b + —&#13;
100 200 2 100 100 100&#13;
i.e.&#13;
c + -1 a+ -5- a+ — 0+ JL b+ —&#13;
20 40 40 20 10&#13;
or , a + b&#13;
c 4&#13;
4&#13;
The author will have for his share:&#13;
b—a—c—a-±* = 3&amp;—5« _c&#13;
4 4&#13;
Without reckoning the interest for the eighteen&#13;
months, during which he is kept out of his&#13;
money. At 5 per cent. this reduces his share and&#13;
leaves him&#13;
37 36—5« _c&#13;
40 4&#13;
while it increases the publisher's, whose gains&#13;
now stand at&#13;
496 + 250+1600&#13;
160&#13;
a wonderful fraction—one which raises the Pub-&#13;
lisher's Association to the level of a Scientific&#13;
Body.&#13;
If we omit consideration of this interest, we&#13;
shall find that, if a book cost £100 and realised&#13;
£200, the fee being ,£i0, the author, on a com-&#13;
mission of 15 per cent., which he fondly thought&#13;
would give the publisher .£30, actually gives him&#13;
.£85 and himself £15. This is a delightful&#13;
outcome of commission publishing!&#13;
There remains one more method, that of giving&#13;
the publisher the books printed and bound. My&#13;
advice in such a method, which ought to be a very&#13;
good one, is not on any account to give it to any&#13;
publisher who proposes to deal with it in the terms&#13;
of this agreement. It is to be remarked that there&#13;
is only one opening here for anything above the&#13;
commission and that it is eagerly pounced upon.&#13;
The publisher hopes to become an advertising&#13;
agent, and to earn an honest penny in addition.&#13;
It is very kind of him, but all that is required of&#13;
him is to publish, which includes advertising, and&#13;
since he will not even consider that this small&#13;
service is paid for by his commission, the author&#13;
had better take his work elsewhere.&#13;
These figures show what is demanded, together&#13;
with what the author at present receives. And&#13;
I ask again whether any body of men can think&#13;
it possible that any other body of men will&#13;
consent to this wholesale seizure of their property,&#13;
or will surrender the advantages they have&#13;
already obtained? Will publishers refuse to&#13;
grant any other terms? For my own part I&#13;
should desire nothing better, because we could&#13;
then proceed at once to create the new machinery&#13;
which these agreements would force upon us.&#13;
W. B.&#13;
NOTES AND NEWS.&#13;
WE are reminded from time to time of the&#13;
opinions still held of an author in official&#13;
circles as well as others. He is regarded&#13;
as a person who has no property and no interest in&#13;
any property. He is considered to be a ragged&#13;
wretch who sits in a garret and produces property&#13;
for his employer. It is not his property, and if&#13;
there is any inquiry into it, he is not to be con-&#13;
sulted. A striking example is before us. A&#13;
committee of the House of Lords is sitting on&#13;
the Law of Copyright. The sole creators of&#13;
literary property are the authors. They are not&#13;
necessarily the slaves of publishers: some of&#13;
them retain their rights over their own property.&#13;
They are not an ignorant and illiterate set of men;&#13;
some of them are scholars, lawyers, students,&#13;
historians. They are not all starvelings: some of&#13;
them live in quite decent houses: some of them&#13;
are members of the best clubs. What happens,&#13;
however? The committee meet. The first&#13;
person they call is a publisher: the second&#13;
person they call is a publisher: the third person&#13;
they call is a publisher. Up to the time of writing&#13;
these remarks no author has been called at all.&#13;
Perhaps none will ever be called. Could any-&#13;
thing show more clearly the contempt for the&#13;
&#13;
&#13;
## p. 50 (#62) ##############################################&#13;
&#13;
5°&#13;
THE AUTHOR.&#13;
calling of letters that is still prevalent in certain&#13;
quarters? _:_&#13;
The present number of The Author is of&#13;
very great importance. It contains the report&#13;
of the committee appointed to examine into&#13;
the scheme of the Booksellers' Association&#13;
and the draft agreements which the com-&#13;
mittee of the Publishers' Association advance&#13;
as representing their views of the situation as&#13;
regards the author. With regard to the first&#13;
scheme, it is put forward as a compromise. The&#13;
booksellers are not called upon to enter into&#13;
slavery; the discount system is practically allowed&#13;
to remain where it was: the accursed "odd&#13;
book" pretence is to be abolished: and there is to&#13;
be a time limit, beyond which the price of a book&#13;
will remain in the power of the bookseller:&#13;
books are to be sent out on sale or return: and&#13;
there is to be an extended system of "net" price&#13;
to books over 6s. in price. These reforms are so&#13;
simple, and so much to the advantage of all con-&#13;
cerned, that they will probably be adopted without&#13;
delay.&#13;
If something is not done, and that quickly,&#13;
the bookselling trade in this country will be&#13;
practically killed. What will take its place?&#13;
The railway stall'r But the railway stall can-&#13;
not take the place of the bookseller's shop.&#13;
It cannot contain any but the newest books:&#13;
of serious and costly literature it can hardly&#13;
show any. Without the shop, bookselling,&#13;
properly so called, cannot live. Already the&#13;
country booksellers are falling right and left.&#13;
The condition of things concerns us all—readers&#13;
as well as writers—we are all interested in keep-&#13;
ing up the bookseller. Now, by the scheme pro-&#13;
posed he will have the power of exhibiting all the&#13;
best books: they will be sent to him on "sale or&#13;
return." The author will be certain also of having&#13;
his books exhibited. How will it affect the pub-&#13;
lisher? At present he subscribes a book.&#13;
Perhaps he subscribes 500 out of an edition of&#13;
1500. The rest do not, perhaps, get taken up at all.&#13;
The book is subscribed by one or two at a time:&#13;
a copy is sold, and the book is then forgotten.&#13;
The copies which are left over are remainder&#13;
stock: they are sold at a few pence each. By the&#13;
new system the publisher would send out, say, 800&#13;
on " sale or return." A book which is exhibited&#13;
would have a far better chance than a book which&#13;
is not. When it was sold another copy would be&#13;
sent; finally, perhaps, a1! would be gone except&#13;
300 or so, which would be returned—whether&#13;
soiled or not would matter nothing, as they would&#13;
be only remainder stock. There will be no odd&#13;
copy, tut the publisher would still sell his took at&#13;
the average price: his accounts would be greatly&#13;
simplified: and he would be spared the tempta-&#13;
tion of lying to the author, and pretending, as&#13;
many do now, that all their books are sold at.&#13;
"thirteen as twelve." Anything which removes the&#13;
temptation of lying, and at the same time&#13;
involves no loss of money, should be, and no&#13;
doubt will be, gratefully welcomed.&#13;
A notable article on "Literary Life in&#13;
London" appeal's in the last number of the&#13;
North American Review. The author is Mr.&#13;
W. H. Rideing. To begin with, he knows&#13;
something of his subject. Probably very few&#13;
English writers could have written a better or&#13;
a truer paper about it. There is very little&#13;
esprit de corps, he says. He should have said,&#13;
"as yet." Esprit de corps grows from the&#13;
outside, not from the inside. When the profes-&#13;
sion of let ers can show that its followers are&#13;
entirely emancipated from the yoke of the pub-&#13;
lishers, and can administer their own estates so&#13;
that the world can understand that their's is not&#13;
a dependent's work, nor a beggarly work: when&#13;
the world sees that the national honours are as&#13;
freely bestowed upon the men of letters as upon&#13;
many other professions: then the modified con-&#13;
tempt which still prevails will be changed into&#13;
unmodified respect, and the men of letters them-&#13;
selves will respect each other and their calling.&#13;
It is pleasing to acknowledge that Mr. Rideing&#13;
recognises that the improved position of the&#13;
English author is due, not only to international&#13;
copyright, but also to the "enlightenment which&#13;
the Incorporated Society of Authors has afforded&#13;
him as to the proper method of dealing with&#13;
publishers." He is not right, however, in sup-&#13;
posing that the improved position is confined to&#13;
the novelist. Historians—essayists—all—stand&#13;
in a better position than they did. The improve-&#13;
ment is not only due to the two causes already&#13;
mentioned, but also to the great increase in&#13;
readers, tho increase in libraries, and the&#13;
increased income of the classes which never used&#13;
to buy. And this in the face of a decaying book-&#13;
trade and a decreasing number of booksellers.&#13;
He falls foul of the Literary Agent, whose&#13;
business he thinks is simply to relieve the author&#13;
of the conduct of his own affairs. This, however,&#13;
involves a great deal. The agent prevents the&#13;
author from being "bested" by superior know-&#13;
ledge used for the purpose of deceiving him: and&#13;
next, in the case of those writers who supply&#13;
serials, the agent learns where there arc openings,&#13;
&#13;
&#13;
## p. 51 (#63) ##############################################&#13;
&#13;
1HE AUTHOR.&#13;
5«&#13;
and the price which ought to be given for the work.&#13;
But according to Mr. Kideing, his chief business is&#13;
to create discord batween author and publisher,&#13;
"and frequently he succeeds in doing it." "Create&#13;
discord"! Why—when was there concord? When&#13;
has there been anything but suspicion and jealousy&#13;
and blind resentment ?" More than one strong&#13;
house," he goes on, "rather than submit to his&#13;
extortions and his impudence, has ceased to con-&#13;
sider the work of the authors who are only acces-&#13;
sible through him." I wonder what houses these&#13;
are. I can quite understand a house to which,&#13;
for very good reasons, a trustworthy and con-&#13;
scientious agent will not take his author, pre-&#13;
tending that the refusal comes from their side;&#13;
but I have never yet discovered any publishing&#13;
house which will refuse an author on terms which&#13;
mean money. And, further, I have never learned&#13;
that any agent has ever offered an author except&#13;
on terms which do mean money.&#13;
There is one more charge against the Agent:—&#13;
The more manuscript he sells and the higher the price&#13;
he obtains the larger are his own commissions. The young&#13;
author in his hands who has made a success at the start is&#13;
not allowed to choose his own time for further work and to&#13;
prepare for it, but is urged and tempted to add book to&#13;
book until he beoomes a diffuse and tedious hack, undesired&#13;
by anybody, undesired even by the literary agent himself.&#13;
An instance occurs to me. The young anthor was " boomed"&#13;
so persistently that in order to fulfill his orders he had to&#13;
lise at four in the morning, and then, sitting down with a&#13;
typewriter before him and a phonograph at his elbow, he&#13;
would carry along two stories at onoe. His first book was&#13;
an instant success when it appeared a few years ago, but&#13;
his last manusoiipt, delivered as "per invoice" in the&#13;
words of the agent, his been rejected by thirteen different&#13;
periodicals, and is at ill in the market. "As per invoice"&#13;
expresses the agent's view of literature precisely.&#13;
Now, really one is grateful to Mr. Eideing for&#13;
an article which is in the main accurate in its&#13;
details. But this instance—surely, surely, it was&#13;
narrated in a publisher's back office—I know two&#13;
back offices, at least, where such pretty stories&#13;
are daily confected. In them the literary agent&#13;
is regarded with a holy horror born of baffled&#13;
intentions. Who is this author? What is his&#13;
name? I know all the novelists, I believe, who&#13;
can be described as having made a great success&#13;
"a few years ago." Not one of them can be the&#13;
hero of the phonograph and the typewriter.&#13;
One thing more. "As per invoice" is a com-&#13;
mercial expression. But the agent cannot be too&#13;
commercial; he is like the publisher—he can-&#13;
not lie too commercial.&#13;
And, again, about this driving of the novelist.&#13;
He need not be driven unless he pleases. It is&#13;
his own fault if he his driven. A man who&#13;
consents to ruin his powers and to destroy his&#13;
reputation for the sake of a little immediate gain&#13;
deserves no pity. He need not be driven.&#13;
The weak point about the article is that it says&#13;
nothing about the larger Literary Life outside&#13;
that of the novelist. With a few exceptions the&#13;
general standard of prosperity has immensely&#13;
improved all along the line. The demand for,&#13;
and the prizes for, the dramatist have increased a&#13;
hundredfold—literally, a hundredfold. The&#13;
historian: the essayist: the popular poet: the&#13;
writer on science or on education: all have&#13;
advanced in demand enormously during the last&#13;
twenty years. The profession of the journalist&#13;
has been almost cieated within the last fifty&#13;
years: it is now a profession with many solid&#13;
and valuable prizes—especially the prize of being&#13;
editor to a great daily paper. Two kinds of&#13;
books have either suffered loss in demand, or&#13;
have not advanced in proportion to the increase&#13;
of readers. One is the book of devotions —&#13;
fifty years ago there were several books of&#13;
Family Prayers which were comfortable pro-&#13;
perties—the happy publisher who held one always&#13;
used it himself morning and evening in order to&#13;
lend reality to his sense of gratefulness. The&#13;
other kind which has not advanced is the book of&#13;
Critical Essays. On all other forms of literature&#13;
a man may live—and live well. But he can no&#13;
longer live by writing Family Prayers, and he has&#13;
never been able to live by writing Critical Essays.&#13;
Most of the readers of The Author are&#13;
interested i a the history and preservation of the&#13;
English language. If they are not, who should&#13;
be? They will therefore make a note that the&#13;
English Dialect Dictionary, Parts I.—VI. will be&#13;
ready in December next. This most important&#13;
is one which ought to be in every library. I&#13;
would suggest that my readers should send to&#13;
Professor J. Wright, Langdale House, Park Town,&#13;
Oxford, for the papers and form of subscription,&#13;
and that, if they cannot subscribe themselves,&#13;
they will do their best to get the work placed in&#13;
the nearest public library.&#13;
The Authors' Club has added to its accommo-&#13;
dation by two or three more rooms. It wanted&#13;
wider space. It also wants more members, and I&#13;
venture to recommend the claims of the Club upon&#13;
our Society. It is a cheerful and sociable club:&#13;
the members are mostly known to each other, and&#13;
if not, are accessible and affable: the weekly&#13;
dinners are an institution: the future of the Club&#13;
is believed in: and it is an excellent thing that&#13;
there should be one club, at least, in London&#13;
&#13;
&#13;
## p. 52 (#64) ##############################################&#13;
&#13;
5a&#13;
THE AUTHOR.&#13;
which should really belong to men of letters and&#13;
no others. It is also, on the whole, a club of&#13;
young men of letters. It is useful for such a&#13;
man to belong to it: he will meet others of his&#13;
own calling who can tell him all kinds of things&#13;
which he would not find out for himself. It leads&#13;
young men of letters to stand by each other and&#13;
to rely on each other. Add to all this that the&#13;
Club is carefully administered, and that everything&#13;
is cheap as well as good. It has now been in&#13;
existence for three or four years, and on the next&#13;
year or two depends its future: whether it is to&#13;
become a great fact in literature, or whether the&#13;
attempt to combine our young men of the calling&#13;
into a club of their own is to be set down as a&#13;
failure. Since the Society goes on increasing the&#13;
Club ought not to fail. Mr. Thring will be glad&#13;
to give anybody further information.&#13;
Walter Besant.&#13;
BOOK TALE.&#13;
SIR RICHARD TEMPLE is writing a chatty&#13;
book on India, for publication in the&#13;
autumn by Messrs. Chatto and Windus.&#13;
It will contain illustrations from his own draw-&#13;
ings, and will be ca led "A Bird's-Eye View of&#13;
Picturesque India." Sir Richard began service in&#13;
India in 1S48, and continued till 1880, his last&#13;
appointment being Governor of Bombay.&#13;
Miss Rose Kingsley, the daughter of Charles&#13;
Kingsley, is preparing a handbook on French art,&#13;
for publication through Messrs. Longmans.&#13;
Mr. Richard Kerr has written a short popular&#13;
account of Wireless Telegraphy for immediate&#13;
issue by Messrs. Seeley.&#13;
Professor Samuel Rawson Gardiner is writing a&#13;
new monograph on Cromwell, which will be&#13;
published, in view of the tercentenary of the&#13;
birth of the Protector, in the spring of next year.&#13;
It will be published by Messrs. Goupil and Co.&#13;
in the same artistic series which already in-&#13;
cludes "Mary Stuart," "Queen Elizabeth," and&#13;
"Charles I." For this series also Mr. Andrew&#13;
Lang is to write " The Young Pretender."&#13;
Lord Ronald Gower is writing on Sir Thomas&#13;
Lawrence for a new series of books dealing with&#13;
famous British artists and their work, which will&#13;
be published by Messrs. Goupil.&#13;
Mr. G. W. Perris has written a short bio-&#13;
graphical and critical account of Count Tolstoy&#13;
and his work. It will be published by Mr.&#13;
Unwin under the title, "Leo Tolstov, the Grand&#13;
Mujik."&#13;
Mr. Grant Allen is about to add " Venice" to&#13;
his list of guide-books. It will be published, like&#13;
the others, by Mr. Grant Richards, whose business,&#13;
by the way, has been formed into a limited com-&#13;
pany.&#13;
Miss Dorothy Leighton is dramatising one of&#13;
Mr. Allen's earlier novels.&#13;
The Rev. C. Dudley Lampen's story of adven-&#13;
ture, " The Queen of the Extinct Volcano," will be&#13;
published in October by the S.P.C.K. The story&#13;
deals with an extraordinary incident in the&#13;
colonisation of the Marquesas Islands by the&#13;
French, and relates the marvellous adventures of&#13;
a medical man and an Oxford undergraduate&#13;
amongst the cannibals who inhabit an extinct&#13;
crater.&#13;
Miss Eleanor Holmes is correcting the proofs&#13;
of a new novel entitled "Life's Fitful Fever," to&#13;
be issued almost immediately by Messrs. Hurst&#13;
and Blackett.&#13;
Mr. John Warden Page is now correcting the&#13;
proofs of a book entitled "In Russia without&#13;
Russian." It is an account of a journey made&#13;
by him in Russia alone, and with no knowledge&#13;
of the language. He travelled from St. Peters-&#13;
burg to Moscow, to Nijoi Novgovod in order to&#13;
see the Great Fair, and about 400 versts up the&#13;
Volga. The book is illustrated by sketches taken&#13;
by the author, and is published by Bowering, of&#13;
Plymouth, and by Simpkin, Marshall, and Co.&#13;
The price will be 3*. 6d.&#13;
Mr. W. H. Dutton is writing a history of the&#13;
collection of old-time boots and shoes which was&#13;
exhibited some time ago by the Cordwainers'&#13;
Company, of which he was warden. Among the&#13;
foot-wear were sandals worn by Kean when he&#13;
played in "Brutus" in 1818, and Wellington&#13;
boots worn by Kemhle some years earlier, both&#13;
of which trophies belong to Sir Henry Irving.&#13;
The volume will contain thirty plates, and will&#13;
be issued by Messrs. Chapman and Hall.&#13;
Mr. Reeves, the Agent-General for New&#13;
Zealand, who wrote on that colony for the " Story&#13;
of the Empire" series, is engaged upon a larger&#13;
work of the same character. While it will be in&#13;
the form of historical narrative, Mr. Reeves will&#13;
bring together the experiences of a long period of&#13;
active life in New Zealand. The book will be&#13;
published in the autumn by Messrs. Horace&#13;
Marshall and Son, under the title, " The Fortu-&#13;
nate Isles: The Story of a Colony."&#13;
Professor Foxwell has written an introduction&#13;
for the translation of Dr. Anton Menger's work,&#13;
"The Right to the Produce of Labour," which&#13;
Messrs. Macmillan are about to publish in two&#13;
volumes.&#13;
Professor Lewis Campbell's Gifford Lectures,&#13;
on " Religion in Greek Literature," delivered at&#13;
St. Andrews a few years ago, are to be pub-&#13;
lished shortly in a volume by Messrs. Macmillan.&#13;
&#13;
&#13;
## p. 53 (#65) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
53&#13;
Mr. Pitt-Lewis, Q.C, is preparing for publica-&#13;
tion a collection of curiosities connected with the&#13;
law and legal literature. His book will be called&#13;
"The Law's Museum," and Mr. John Long will&#13;
publish it.&#13;
Mr. Charles Williams, the well-known war&#13;
correspondent, has edited a book of Soldiers'&#13;
Songs for the March, the Camp, and the Barracks,&#13;
which will be published immediately by Messrs.&#13;
Routledge.&#13;
Mr. W. G. Stillman has written the Italy&#13;
yolume for the Cambridge Historical Series. He&#13;
begins with Waterloo year.&#13;
Dr. Brandes is writing a volume on modern&#13;
Scandinavian literature for Mr. Heinemann's&#13;
"Literatures of the World" Series.&#13;
Canon Stanbridge, of York, has compiled a&#13;
Book of Devotions for Messrs. Methuen's Library&#13;
series.&#13;
Mr. James Mortimer, who founded the London&#13;
Figaro thirty years ago, has returned to the&#13;
editorial chair of that journal, after an absence of&#13;
fifteen years.&#13;
Two volumes of a new and handsome edition—&#13;
called the Winchester—of Jane Austen's works&#13;
have been issued by Mr. Grant Richards during&#13;
the past month. The printing is by Constable,&#13;
of Edinburgh, and the same type is used as the&#13;
"Edinburgh" Stevenson is printed with. The&#13;
edition will consist of ten volumes.&#13;
Novels by Mrs. W. K. Clifford and Mr. Edward&#13;
H. Cooper will be issued soon by Messrs. Duck-&#13;
worth.&#13;
Mr. Fred. Whishaw has written'" A Russian&#13;
Vagabond" for Messrs. Pearson's series of&#13;
"Latter-day Stories."&#13;
Mr. Walter Wood has finished a romance of&#13;
love and war, called "Through Battle to Pro-&#13;
motion," which will be published by Mr. James&#13;
Bowden.&#13;
"The Ambassador," the play by "John Oliver&#13;
Hobbes," which was produced at the St. James's&#13;
Theatre a month ago, is being published in a&#13;
volume.&#13;
A novel by Mrs. Croker, entitled "Pegey of&#13;
the Bartons," will be published shortly from the&#13;
house of Methuen.&#13;
Two stories by Mrs. C. N. Williamson, entitled&#13;
"Lady Mary of the Dark House" and "The&#13;
House by the Lock," will be published by Mr.&#13;
James Bowden.&#13;
"John Strange Winter's" new long novel,&#13;
which will be published immediately by Messrs.&#13;
White, is called " The Price of a Wife."&#13;
Mr. James M. Graham's romance " The Son of&#13;
the Czar," formerly interdicted by the Russian&#13;
censor, has now been permitted to circulate in&#13;
that empire.&#13;
Mrs. Sarah Graud will publish in the autumn,&#13;
through Messrs. Horace Marshall and Son, a&#13;
volume entitled "The Modern Man and Maid."&#13;
Two of the essays which it will contain, namely,&#13;
"On the Choice of a Wife " and "On the Choice&#13;
of a Husband," appear in the July numbers of&#13;
the Young Man and the Young Woman respec-&#13;
tively.&#13;
Miss Ella d'Arcy is issuing through Mr. Lane&#13;
a new volume of short stories, entitled " Modern&#13;
Instances."&#13;
Mr. Hardy is engaged upon a new novel, but&#13;
long before it comes out the public will get a&#13;
volume of his short stories which have appeared&#13;
in various periodicals.&#13;
Dr. Richard Garnett, C.B., is about to retire,&#13;
on a pension, from his post of Keeper of Printed&#13;
Books at the British Museum. Dr. Garnett&#13;
entered the British Museum Library as an&#13;
assistant in 1851, was appointed Superintendent&#13;
of the Reading-room in 1875, and in 1890&#13;
succeeded to the position he is now relinquish-&#13;
ing.&#13;
A Civil List pension of .£200 per annum has&#13;
been granted to Mr. William Ernest Henley. Dr.&#13;
Beattie Crozier's pension under the same fund&#13;
has been increased from .£50 to .£100 to assist&#13;
him in his "History of Intellectual Development."&#13;
Unfortunately, Dr. Crozier's sight is so seriously&#13;
impaired that he has been compelled for the pre-&#13;
sent to give up all reading and writing. Mr.&#13;
Henley, too, fyas lately undergone an operation,&#13;
which has been very successful.&#13;
The sale of the Stansfield Library was con-&#13;
cluded on June 15 at Messrs. Sotheby, Wilkinson,&#13;
and Hodge's auction rooms, and the total realised&#13;
during the three days was .£2313. Among the&#13;
lots were an important collection of MSS. of a&#13;
genealogical, antiquarian, and historical character&#13;
relating to the City of York, compiled by Mr.&#13;
E. J. Walker, of Halifax, and known as the&#13;
"Walker Collection," which brought .£105, and&#13;
Thoresby's and Whitaker's Ducatus Leodiensis,&#13;
or the Topography of the Ancient Towne and&#13;
Parishe of Leeds, large paper, extra illustrated,&#13;
and original water colour drawings, coats of&#13;
arms emblazoned, 1816, which sold for .£170.&#13;
"The Addenda to the Methods of Publishing"&#13;
by G. Herbert Thring (secretary to the Society of&#13;
Authors) is now completed and can be obtained&#13;
at the Society's offices (price 2s.). This book, the&#13;
tenth publication of the Authors' Society, con-&#13;
tains a quantity of additional facts concerning&#13;
publishing and publishers' agreements collected&#13;
since the production of the " Methods" in 1891,&#13;
with comments and advice. It does not in any&#13;
way pretend to supplant " The Methods of Pub-&#13;
lishing," but is merely supplementary to them.&#13;
&#13;
&#13;
## p. 54 (#66) ##############################################&#13;
&#13;
54&#13;
THE AUTHOR.&#13;
Under the title of "Forgotten Truths," the&#13;
Liberty Review Publishing Company is ipsuing,&#13;
in a cheap form, a selection from the speeches and&#13;
writings of Edmund Burke, with a biographical&#13;
sketch by Mr. T. Dundas Pillans.&#13;
Derek Vane, author of "The Three Daughters&#13;
of Night," recently published by Messrs. Hutchin-&#13;
son, is now writing a series of short dramatic&#13;
stories for Table Talk, entitled " The Adventures&#13;
of an Adventuress."&#13;
Novels at sixpence. Rolf Boldrewood's Austra-&#13;
lian romance, "Robbery under Arms," is the first&#13;
volume of a series at this price to appear from&#13;
Messrs. Macmillan, and will be followed, at&#13;
monthly intervals, by Mr. A. E. W. Mason's&#13;
"Morrice Buckler," Mr. Marion Crawford's&#13;
"Mr. Isaacs," Mrs. Oliphant's "Kirsteen," Miss&#13;
Charlotte Yonge's " Dove in the Eagle's Nest,"&#13;
and Mr. Marion Crawford's "A Roman Singer."&#13;
The St. James's Gazette have re-published in&#13;
the form of a shilling volume a collection of short&#13;
f,tories by Mr. Archie Armstrong, under the title&#13;
"Tales of the Temple and Elsewhere."&#13;
QUESTIONS AND ANSWERS.&#13;
"Quern deua vult pordere domentat piins."&#13;
ITHINK the saying must have been current&#13;
in non-Greek reading circles earlier than&#13;
your correspondents have traced it, for it is&#13;
again and again repeated in Italian as a current&#13;
saying by Gior. Villani in the early fourteenth&#13;
century. I regret that I have not at the moment&#13;
leisure to find one of the many passages in the&#13;
"Cronica," but any of your correspondents who&#13;
take sufficient interest in the question to devote&#13;
a little time to the investigation will soon find&#13;
one of them. P. H. W.&#13;
CORRESPONDENCE.&#13;
A&#13;
GREAT quantity of correspondence is&#13;
unavoidably held over till next month&#13;
owing to the pressure on our space.&#13;
THE BOOES OP THE MONTH.&#13;
[May 24 to June 23.—324 Bookp.]&#13;
Abbott, L. The Soul's Quest. 1/6. Bowden.&#13;
Agnus, Orme. Countess Petrovskl. 1/- Ward and L.&#13;
Alibutt, T. C. (ed.). A System of Medicine. By many writer*.&#13;
Vol. 5. 25/- net. Macmillan.&#13;
Andrews, William (ed). Bygone Hertfordshire 7/6. Andrews.&#13;
Anonymous ("One Who ties Kept a Diary "j. Collections and&#13;
Recollections. 16/- Smith and E.&#13;
Anonymous. Memorials of a Young Soldkr, Lieutenant Glffard,&#13;
Northamptonshire Regiment. 5/- Clowes.&#13;
Anonymous. Some Philosophy of the Hermetics. 3/6. Paul.&#13;
Argyll, Luke of. Whit is Science? 6rf. S.P.C.K.&#13;
Arundtl, W. B. Ackworth Birds. 4,6. Gurnev and Jackson.&#13;
Ashby, M. E. The Silver City and other Allegorl-s. J - Headlcy.&#13;
Ashurst, F. Memoirs of a Young Surgeon. 1/6. Digby.&#13;
Atlee, H. F. The Seatone of a Life. A novel. 6/- White.&#13;
Badeau, A. Conspiracy: A Cuban Romance. 3/6. Warne.&#13;
Bailey. L. H. The Pruning Book, 5/- net. Macmillan,&#13;
Ball, C. R. The Faith in Out'lne. 1/6. S.P.C.K.&#13;
Bangs, J. K. Ghosts I Have Met, and Some Others 2/. Harper.&#13;
Barnes, A. S. Eton in the Olden Days. 1/- Robert Browning.&#13;
Baiton, F. T. The Horse-Owner's companion. 2 - Houlston.&#13;
Barton, F. T. Our Friend the Horse. Dean.&#13;
Baugban. B. E. Verses. 5/- Constable.&#13;
Baylies, Sir W. Rex Begum: a Painter's Study of Likeness of&#13;
Ihrist. 6/-net. Bell.&#13;
Beoke. L., and Jeffery, W. The Mutineer. 6/- Unwin.&#13;
Bell, Mrs. H. Miss Tod and the Prophets. 2/6. Bentley.&#13;
Bell, Herbert. Uncut Stones. Poems. 2/6. Red way.&#13;
Bell, R. F. (ed.). Memorials of John Murray of Broughton, some-&#13;
time secretary to Prince Charles Edward, 1740-47 Scottish&#13;
History Society.&#13;
Beyle. M. (De Stendhal) (tr. by E. P. Roblns). Red and Black.&#13;
7/6 net. Smitheis.&#13;
Biddle. A. J. D. Word for Word and Letter for Letter. 3/6. Gay.&#13;
Birrell, Olive. Tbe Ambltion of Judi-h. 6/- Smith and E.&#13;
Bloomfleld, R. Tbe Farmer's Boy (ed. by j. Darlington). 1/6&#13;
Simpkio.&#13;
Bramley-Moore, W. Marturla; or. the Testimony of Ancient Records&#13;
and Monuments in the British Museum to the Historical Accuracy&#13;
of the Scriptures. G. J. W. Pitman.&#13;
Breton, Frederic. True Heart C/- Richards.&#13;
Bright, N. Gladly, moat Gladly, Xc. 3/6. Burns and O.&#13;
Brough, W. Open Mints and Free Banking. 5/- Putnam.&#13;
Brown, Anna R. What Is Worth While? 1/6. Bowden.&#13;
Brown, F. R. Ave Victoria! Poem. 2/6. Colchester: Wright.&#13;
Brown, A. 8., and Ramsay, M. M. The Island of Cuba. 6/- net. Gay.&#13;
Bruce. J. R. B., and Broomfleld, R. i'. Handbook on tbe Law of&#13;
Shipping and Marine Insurance. 10/6. Sweet and M.&#13;
Bruce, Robert. Food Supply. 4/6. Griffin.&#13;
Brunetiure, F. (tr. by D. N. Smith). Essays in French Literature.&#13;
7/8. Unwin.&#13;
Buchan, J. The Pilgrim Fathers. Ncwdfgtte Prize Poem. 1/- net.&#13;
Sim plan.&#13;
Buchan, J. John Burnet of Barns. A Romance. 6/- Lane.&#13;
Bucknmster, M. A. Elementary Architecture. 4/6 Frowde.&#13;
Buckton, Catherine M. Comfort and Cleanliness. 2 - Longmans.&#13;
Burchell. S. B, In the Dajs of King James. 6/- Gay.&#13;
Burridge. J. 11. God's Prophetic Plan. 3/6. Marshall Brothers.&#13;
Butler, N. M. The Meaning of Education and other Essays. 4 &lt;i.&#13;
Macmillan.&#13;
Cambridge. Ada. Materf&amp;mllias. 3/6. Ward and L.&#13;
Campbell, D. Hymns and Hymn Makers 1,6 net. BIa,k.&#13;
Campbell, John. Yggdrassil, and Other Poems, .v-net. Macqueen.&#13;
Capes, Bernard. Adventures of the Comte de la Muette during the&#13;
Rewn of Terror. 6'- Plackwood.&#13;
Carruthers. Annie. Only a Circus Girl. J/- Gale.&#13;
Chappell, Jennie. More Precious than Gold. 2/- Partridge.&#13;
Chrvstal, G. Introduction to Algebra. 5/- Black.&#13;
Clark, C. E. The Mistakes We Make. 1/6. Pearson.&#13;
Coleridge, E. P. Res Grrceai. 5/- Bell.&#13;
Collis, E. T. Murder by Warrant. 5/- Kelvin. Glen, and Co.&#13;
Compton, A. G. Some Common Errors of Speech. 2 6. Putnam.&#13;
Constable, F. C. Aunt Judith's ialand. 6/- Richards.&#13;
Cooke, C. W. R. A Book about Cider and Perry. 2/6. Cox.&#13;
Corbt tt, J. (ed ) Papers relating to the Navy during the Spanish War&#13;
1585-1587. Issued to subeciibers. Navy Records Society.&#13;
Comtncy, Etta. River Mists. I/- Marshall, llussell, and Co,&#13;
Coutts, F. B. M. The Revelation of St. Lovo tbe Divine 3/6 net.&#13;
Lane.&#13;
Crawford, n. South American Sketches. 6/- Longman.&#13;
Ciltchley, G. Tho Legend of the Silver Cup, Ac. 1/6. Partridge.&#13;
Daily 3Vtr.*, Reprinted from. The Passing of W. E. Gladstone. 1/-&#13;
Simpkin.&#13;
Dale, Mrs. Alice M. The Peril of a Lie. A Novel. 6/- Routledge.&#13;
Daudet, A. (adapted by L. Carnac). The Hope of the Family. 6/-&#13;
Pearson.&#13;
Davison, W. T. The Christian Interpretation of Life, Ac. 4 6.&#13;
Kelly.&#13;
Day, G. The Way about Essex. 1/- net. Iliffe.&#13;
Do la Gourneric. E. (trans, by the Hon. Lady Mac don aid) Christian&#13;
Romo. P. Rolandi&#13;
Dc la Sizeranne (trans, by H. M. Pojnter). English Contemporary&#13;
Art. 12/- Constable.&#13;
Do Thierry, C. Imperialism. 2/- Duckworth.&#13;
Detmer, W. (trans. byS. A. Moor). Practical Plant Physiology. 12/-&#13;
Sonnenschein.&#13;
Dewar, G. A. B. In Pursuit of the Trout. 2/6 net. Dent.&#13;
Dote. Charles. The Coming People. 5/- H. B, Allenson.&#13;
Donkin, B. Tbe Heat Efficiency of Steam BoiUre. 25/- Griffin.&#13;
Donne, J. M. Collcqoy and Song; or, Sport in the Leash of tbe&#13;
Muses. 5/- Paul.&#13;
&#13;
&#13;
## p. 55 (#67) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
55&#13;
Douglas, Theo. Behind a Mask. A Novel. 6/- Harper.&#13;
Douglas. Theo. Windygap. 1/ Arrowsmith.&#13;
Dovle, A. Conan. Songs of Action, $/- SniihandE.&#13;
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56&#13;
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          </elementTextContainer>
        </element>
        <element elementId="43">
          <name>Identifier</name>
          <description>An unambiguous reference to the resource within a given context</description>
          <elementTextContainer>
            <elementText elementTextId="4423">
              <text>1898-07-01-The-Author-9-2</text>
            </elementText>
          </elementTextContainer>
        </element>
      </elementContainer>
    </elementSet>
  </elementSetContainer>
  <tagContainer>
    <tag tagId="66">
      <name>publications</name>
    </tag>
    <tag tagId="4">
      <name>The Author</name>
    </tag>
  </tagContainer>
</item>
