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Full text search for all issues, and other additional search functionality, will be added in 2022. Date A point or period of time associated with an event in the lifecycle of the resource 1890–1914 Identifier An unambiguous reference to the resource within a given context The-Author-Issues Publication Date The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format) 1901-10-01 Volume 12 Issue 3 Pages Page range in volume 1–28 Ngram Date Version of the date in YYYYMMDD format for use by the Ngram plugin 19011001 Ngram Text Version of the text with no HTML formatting for use by the Ngram plugin The Author. (The Organ of the Incorporated Society of Authors. Monthly.) VOL. XII.–No. 3. OCTOBER 1, 1901. [PRICE SIXPENCE. CONTENTS. PAGE PAGE General Memoranda ... Warnings to Dramatic Authors ... How to Use the Society ... ... ... The Reading Branch ... ... ... Notices ... ... ... ... The Pension Fund of the Society of Authors From the Committee ... Miss Eleanor Ormerod The Work of the Society-A Retrospect ... Work the Society Does Not Do ... ... Authorities ... ... ... ... - Author and Literary Agent ... ... ... Sir Walter Besant ... ... ... ... Authors' Corrections ... ... .. Literary, Dramatic, and Musical Property Kipling v. Putnams... .. ... . The Canadian Authors' Society ... ... The Publication of Educational Books ... Book and Play Talk ... ... ... ... Correspondence... ... ... :::::::::: ... ... 28 PUBLICATIONS OF THE SOCIETY. 1. The Annual Report for the current year. 1s. 2. The Author. A Monthly Journal devoted especially to the protection and maintenance of Literary Property. Issued to all Members gratis. Price to non-members, 6d., or 58. 6d. per annum, post free. Back numbers from 1892, at 10s. 6d. per vol. 3. Literature and the Pension List. By W. MORRIS COLLES, Barrister-at-Law. 38. 4. The History of the Société des Gens de Lettres. By S. SQUIRE SPRIGGE. 1s. 5. The Cost of Production. (Out of print.) 6. The Various Methods of Publication. By S. SQUIRE SPRIGGE. In this work, compiled from the papers in the Society's offices, the various forms of agreements proposed by Publishers to Authors are examined, and their meaning carefully explained, with an account of the various kinds of fraud which have been made possible by the different clauses in their agreements. 38. Addenda to the Above. By G. HERBERT THRING. Being additional facts collected at the office of the Society since the publication of the “Methods.” With comments and advice. 28. . 7. Copyright Law Reform. An Exposition of Lord Monkswell's Copyright Bill of 1890. With Extracts from the Report of the Commission of 1878, the Berne Convention, and the American Copyright Bill. By J. M. LELY. Is. 6d. 8. The Society of Authors. A Record of its Action from its Foundation. By WALTER BESANT ( Chairman of Committee, 1888–1892). 18. 9. The Contract of Publication in Germany, Austria, Hungary, and Switzerland. By ERNST LUNGE, J.U.D. 28. 6d. 10. Forms of Agreement issued by the Publishers' Association; with Comments. By G. HERBERT THRING, and Illustrative Examples by Sir WALTER BESANT. 2nd Edition. ls. [All prices net. Apply to the Secretary, 39, ou Queen Street, Storey's Gate, S.W.] ## p. (#376) ################################################ ADVERTISEMENTS. The Society of Authors (Incorporated). PRESIDENT. GEORGE MEREDITH. COUNCIL, SIR EDWIN ARNOLD, K.C.I.E., C.S.I. AUSTIN DOBSON. THE REV, C. H. MIDDLETON-WAKE. J. M, BARRIE. A. CONAN DOYLE, M.D. SIR LEWIS MORRIS. A. W. À BECKETT. A. W. DUBOURG. HENRY NORMAN, M.P. ROBERT BATEMAN. SIR MICHAEL FOSTER, K.C.B:, M.P., GILBERT PARKER, M.P. F. E. BEDDARD, F.R.S. F.R.S. J. C. PARKINSON. SIR HENRY BERGNE, K.C.M.G. D. W. FRESHFIELD. A. W. PINERO. AUGUSTINE BIRRELL, K.C. RICHARD GARNETT, C.B., LL.D. THE RIGHT Hox. THE LORD PIR- THE REV. PROF. BONNEY, F.R.S. EDMUND GossE. BRIGHT, F.R.S THE RIGHT Hon. JAMES BRYCE, M.P. SYDNEY GRUNDY. SIR FREDERICK POLLOCK, Bart.' THE RIGHT HON. THE LORD BURGH H, RIDER HAGGARD. LL.D. CLERE. THOMAS HARDY. WALTER HERRIES POLLOCK. HALL CAINE. ANTHONY HOPE HAWKINS. E. ROSE. EGERTON CASTLE, F.S.A. JEROME K. JEROME. W. BAPTISTE SCOONES. P. W. CLAYDEN. J. SCOTT KELTIE, LL.D. Miss FLORA L. SHAW. EDWARD CLODD. RUDYARD KIPLING. G. R. SIMS. W, MORRIS COLLES. PROF. E. RAY LANKESTER, F.R.S. S. SQUIRE SPRIGGE. THE HON. JOHN COLLIER. THE RIGHT Hon.W.E. H. LECKY, M.P. J. J, STEVENSON. SIR W. MARTIN CONWAY. J. M. LELY. FRANCIS STORR. MRS. CRAIGIE. THE REV. W. J. LOFTIE, F.S.A. WILLIAM Moy THOMAS. F. MARION CRAWFORD. SIR A, C. MACKENZIE, Mus. Doc. MRS. HUMPHRY WARD. THE RIGHT Hon. THE LORD CURZON PROF. J. M. D. MEIKLEJOHN. OF KEDLESTON, Hon. Counsel - E. M. UNDERDOWN, K.C. COMMITTEE OF MANAGEMENT. Chairman--A. HOPE HAWKINS. A. W. à BECKETT. SYDNEY GRUNDY, GILBERT PARKER, M.P. A. CONAN DOYLE, M.D. J. M. LELY. E. Rose. D. W. FRESHFIELD. HENRY NORMAN, M.P. FRANCIS STORR, SUB-COMMITTEES. ART. Hox. John COLLIER (Chairman). SIR W. MARTIN CONWAY. M. H. SPIELMANN. COPYRIGHT. A. W. À BECKETT. A. HOPE HAWKINS. J. M. LELY. W. M. COLLES. GILBERT PARKER, M.P. DRAMA. HENRY ARTHUR JONES (Chairman). F. C. BURNAND. A. W. PINERO. A. W. À BECKETT, SYDNEY GRUNDY. EDWARD ROSE. Solicitore_ FIELD, Roscoe, and Co., Lincoln's Inn Fields. 1 G. HERBERT THRING, 39, Old Queen Street, S.W. Secretary-G. HERBERT THRING. OFFICES: 39, OLD QUEEN STREET, STOREY'S GATE, S.W. ESTABLISHED 1896. THE COSMOPOLITAN PRINTING & PUBLISHING Co. Ltd. INVITE INQUIRIES FROM AUTHORS. MSS. read and, if approved, terms offered for Publishing. NOVELS OF SUITABLE LENGTH TO INCLUDE IN NEW SIXPENNY SERIES WANTED. WALTER T. SING, Secretary, 22, Clare Street, Bristol. ## p. 1 (#377) ############################################## The Author. (The Organ of the Incorporated Society of Authors. Monthly.) FOUNDED BY SIR WALTER BESANT. VOL. XII.–No. 3. OCTOBER 1ST, 1901. [PRICE SIXPENCE. GENERAL MEMORANDA. (2.) The inspection of those account books which belong to the author. We are advised that this is a right, in the nature of a common law right, which cannot be denied or withheld. WARNINGS TO DRAMATIC AUTHORS. ITERE are a few standing rules to be observed in an Al agreement. There are four methods of dealing with literary property :- I. Selling it Outright. This is in some respects the most satisfactory, if a proper price can be obtained. But the transaction should be managed by a competent agent, or with the advice of the Secretary of the Society. II. A Profit-Sharing Agreement (a bad form of agreement). In this case the following rules shonld be attended to: (1.) Not to sign any agreement in which the cost of pro- 0. duction forms a part without the strictest investigation á (2.) Not to give the publisher the power of putting the profits into his own pocket by charging for advertisements in his own organs, or by charging exchange advertise- ments. Therefore keep control of the advertisements. (3.) Not to allow a special charge for “office expenses," unless the same allowance is made to the author. (4.) Not to give up American, Colonial, or Continental rights. (5.) Not to give up serial or translation rights. (6.) Not to bind yourself for future work to any publisher. As well bind yourself for the future to any one solicitor or doctor! III. The Royalty System. It is above all things necessary to know what the proposed royalty means to both sides. It is now possible for an author to ascertain approximately and very nearly the truth. From time to time the very important figures connected with royalties are published in The Author. Readers can also work out the figures themselves from the * Cost of Production." IY. A Commission Agreement. The main points are :- (1.) Be careful to obtain a fair cost of production. (2.) Keep control of the advertisements. (3.) Keep control of the sale price of the book. General. All other forms of agreement are combinations of the four above mentioned. Such combinations are generally disastrous to the author. Never sign any agreement without competent advice from the Secretary of the Society. Stamp all agreements with the Inland Revenue stamp. Avoid agreements by letter if possible. The main points which the Society has always demanded from the outset are :-. (1.) That both sides shall know what an agreement means. VOL. XII. CEVER sign an agreement without submitting it to the Secretary of the Society of Authors or some com- petent legal authority. 2. It is well to be extremely careful in negotiating for the production of a play with anyone except an established manager. 3. There are three forms of dramatic contract for PLAYS IN THREE OR MORE ACTS :- (a.) SALE OUTRIGHT OF THE PERFORMING RIGHT. This is unsatisfactory. An author who enters into such a contract should stipulate in the con- tract for production of the piece by a certain date and for proper publication of his name on the play-bills. (6.) SALE OF PERFORMING RIGHT OR OF A LICENCE TO PERFORM ON THE BASIS OF PERCENTAGES on gross receipts. Percentages vary between 5 and 15 per cent. An author should obtain a percentage on the sliding scale of gross receipts in preference to the American system. Should obtain a sum in advance of percentages. A fixed date on or before which the play should be performed. (c.) SALE OF PERFORMING RIGHT OR OF A LICENCE TO PERFORM ON THE BASIS OF ROYALTIES (i.e., fixed nightly fees). This method should be always avoided except in cases where the fees are likely to be small or difficult to collect. The other safeguards set out under heading (6.) apply also in this case. 4. PLAYS IN ONE ACT are often sold outright, but it is better to obtain a small nightly fee if possible, and a sum paid in advance of such fees in any event. It is extremely important that the amateur rights of one-act plays should be reserved. 5. Authors should remember that performing rights can be limited, and are usually limited, by town, country, and time. This is most important. 6. Authors should not assign performing rights, but should grant a licence to perform. The legal distinction is of great importance. 7. Authors should remember that performing rights in a play are distinct from literary copyright. A manager holding the performing right or licence to perform cannot print the book of the words. 8. Never forget that AMERICAN RIGHTS may be exceed- ingly valuable. They should never be included in English ## p. 2 (#378) ############################################## THE AUTHOR. 8. Many agents neglect to stamp agreements. This must be done within fourteen days of first execution. The Secretary will undertake it on behalf of members. 9. Some agents endeavour to prevent authors from referring matters to the Secretary of the Society; so do some publishers. Members can make their own deductions and act accordingly. agreements without the author obtaining a substantial consideration. 9. Agreements for collaboration should be carefully drawn and executed before collaboration is commenced. 10. An author should remember that production of a play is highly speculative : that he runs a very great risk of delay and a breakdown in the fulfilment of his contract. He should therefore guard himself all the more carefully in the beginning. 11. An author must remember that the dramatic market is exceedingly limited, and that for a novice the first object is to obtain adequate publication. As these warnings must necessarily be incomplete on account of the wide range of the subject of dramatic con- tracts, THOSE AUTHORS DESIROUS OF FURTHER INFORMA- TION ARE REFERRED TO THE SECRETARY OF THE SOCIETY. THE READING BRANCH. M EMBERS will greatly assist the Society in this branch of their work by informing young writers of its existence. Their MSS. can be read and treated as a composition is treated by a coach. The term MSS, includes NOT ONLY WORKS OF FICTION, BUT POETRY AND DRAMATIC WORKS, and when it is possible, under special arrangement, technical and scientific works. The leaders are writers of competence and experience. The fee is one guinea. HOW TO USE THE SOCIETY. NOTICES. 1. D VERY member has a right to ask for and to receive advice upon his agreements, his choice of a pub- lisher, or any dispute arising in the conduct of his business or the administration of his property. If the advice sought is such as can be given best by a solicitor, the member has a right to an opinion from the Society's solicitors. If the case is such that Counsel's opinion is desirable, the Committee will obtain for him Counsel's opinion. All this without any cost to the member. 2. Remember that questions connected with copyright and publishers' agreements do not generally fall within the experience of ordinary solicitors. Therefo re, do not scruple to use the Society. THE Editor of The Author begs to remind members of 1 the Society that, although the paper is sent to them free of charge, the cost of producing it would be a very heavy charge on the resources of the Society if a great many members did not forward to the Secretary the modest 58. 6d. subscription for the year. Communications for The Author should be addressed to the Offices of the Society, 39, Old Queen Street, Storey's Gate, S.W., and should reach the Editor NOT LATER THAN THE 21st OF EACH MONTH. All persons engaged in literary work of any kind, whether members of the Society or not, are invited to communicate to the Editor any points connected with their work which it would be advisable in the general interest to publish. For the Opinions expressed in papers that are signed or initialled the Authors alone are responsible. None of the papers or paragraphs must be taken as expressing the opinion of the Committee unless such is especially stated to be the case. 3. Send to the Office copies of past agreements and past accounts, with a copy of the book represented. The Secretary will always be glad to have any agreements, new or old, for inspection and note. The information thus obtained may prove invaluable. 4. BEFORE SIGNING ANY AGREEMENT WHATEVER, send the document to the Society for examination. 5. Remember always that in belonging to the Society you are fighting the battles of other writers, even if you are reaping no benefit to yourself, and that you are advancing the best interests of literature in promoting the independence of the writer. 6. The Committee have now arranged for the reception of members' agreements and their preservation in a fire- proof safe. The agreements will, of course, be regarded as confidential documents to be read only by the Secretary, who will keep the key of the safe. The Society now offers: -(1) To read and advise upon agreements and to give advice concerning publishers. (2) lo stamp agreements in readiness for a possible action upon them. (3) To keep agreements. (4) To enforce payments due according to agreements. 7. No contract should be entered into with a literary agent without the advice of the Secretary of the Society. Members are strongly advised not to accept without careful consideration the contracts submitted to them by literary agents, and are recommended to submit them for inter pretation and explanation to the Secretary of the Society. COMMUNICATIONS AND LETTERS ARE INVITED BY THE EDITOR on all subjects connected with literature, but on no other subjects whatever. Every effort will be made to return articles which cannot be accepted. THE SECRETARY OF THE SOCIETY begs to give notice that all remittances are acknowledged by return of post, and he requests members who do not receive an answer to important communications within two days to write to him without delay. All remittances should be crossed Union Bank of London, Chancery Lane, or be sent by registered letter only. ## p. 3 (#379) ############################################## THE AUTHOR. THE PENSION FUND OF THE SOCIETY OF AUTHORS. Tweedie, Mrs. Alec ........... Watt, A. P. ............ Weyman, Stanley ........ Wheelwright, Miss E. E. Williams, Mrs. E. L. ........ Young, Ernest ..... £5 0 0 5 0 0 26 5 0 0 10 0 1 0 0 06 0 THE following is the list of donations and subscriptions at present promised or received :- SUBSCRIPTIONS. 5 0 10 0 1 1 0 10 0 0 0 0 10 5 0 0 10 5 0 0 6 0 6 0 50 100 0 0-0 OWN000-0000 à Beckett, A. W. ...... Aidë, Hamilton (for a period of five years) ... Alexander, A .............. Avery, Harold ....... Bond, R. Warwick ............. Bonney, Rev. Prof. T. G. Brodhurst, Spencer ........ Clodd, Edward ........... Cresswell, Rev. H. ................ Crockett, S. R. .. Dobson, Austin (annual amount unstated-for 1901) ........ Durand, Sir H. Mortimer, G.C.M.G. ............ Ellis, Miss M. A. .... Esmond, H. V. Gilbert, W. S. ..... Goldsmith, W. H. Gribble, F. Guthrie, Anstey Gwynn, S..... Harraden, Miss Beatrice.... Hawkins, A. Hope ... Home, Francis ... Jerome, Jerome K. Kelly, C. A. ......... Lely, J. M. . Macdonald, Mrs. ....................................... Macdonald. Mrs.. Marchmont, A. W. ........................... Pemberton, Max ........................................ Pendered, Miss Mary L................................ Pinero, A. W. ............. Roberts, Morley ............................. Rose, Edward Rumble, Mrs. .................... Sinclair, Miss ...... Staniey, Mrs. Stevenson, Mrs. .......... Ward, Mrs. Humphry.................... Watt, A. P. ......... Weston, Miss Jessie L. .................. Wilkins, W. H. ... --0667 TO 19 DONATIONS. MEREDITH, GEORGE, President of the Society (first donation) ...... £100 0 0 Meredith, George (second donation) 0 0 A Beginner 1 1 0 A. S. 100 0 0 Alcott, E. ........ Anonymous 0 Arnim, The Countess von .............. Baldwin, Mrs. A. ............. Barrie, J. M........... Benecke, Miss Ida ........... Besant, Sir Walter ............................. 100 0 0 Boevey, Miss Crawley.............. 2 0 Chambers, Miss Beatrice .............. 0 3 6 Clifford, Mrs. W. K. .............. 5 5 0 Cordeaux, Miss ....................................... 5 11 0 Craigie, Mrs........... 100 0 0 Davy, Mrs. E. M. .................................... 1 1 0 Doyle, A. Conan ....................................... 100 0 0 Esier, Mrs. Rentoul (for three years) ............ 5 0 0 Esmond, H. V....... 3 3 0 Fowler, Miss E. T. ...... 10 10 0 Freshfield, D. W. ........... 100 0 0 Gibbs, Miss .......... i 0 0 Hallward, N. L. ........... 1 0 Harraden, Miss Beatrice ........... 10 0 0 Hawkins, A. Hope ................. 00 0 0 Hellier, H. G. ........ 1 0 Hutchinson, Rev. H. 0 0 Jacberns, Raymond.. i i 0 Jones. Henry Arthur 50 0 0 Keltie, J. Scott 5 0 0 Kipling, Rudyard 0 0 Loftie, Rev. W.J. Loraine-Broke, Lady i o Macfarlane, H. i 0 Marshall, Capt. R. 10 100 Matheson, Miss A. 0 5 0 Miles, Eustace ....... 1 1 0 Moncrieff, R. Hope ......... 10 100 Montresor, Miss F. .......... 1 0 0 Morrah, Herbert ............... Norris, W. E. ................ 5 0 0 Oliphant, Kingston .......... Parker, Gilbert................ 100 0 0 Phillpotts, Eden ........... 10 0 0 Phillpotts, Eden (second donation), amount recovered by Society for infringement of copyright .......................................... Pilley, Mrs. ................... 0 Pollock, Sir Frederick ... Roe, Mrs. Harcourt... Rossetti, W. M., S. B. ........... 0 5 0 Sanderson, Sir J. B............... 2 0 0 Sheldon, G. W. ........... 5 5 0 Skeat, The Rev. Prof. .............. 2 0 0 Spielmann, M. H... 10 0 0 Stanton, Miss H. M. E. .................. 1 100 Toplis, Miss G... 0 5 0 5 5 0 0 5 0 5 0 0 1 1 0 0 5 0 0 5 0 5 00 u u .............. 10 reda 1 0 1 1 5 1 0 0 0 2 2 0 i 0 0 FROM THE COMMITTEE. 2 INN C70 M HE offices of the Society have been removed from 1 4, Portugal Street, to 39, Old Queen Street, Storey's Gate, Westminster. The Committee were forced to take this step owing to the compulsory purchase of the land in Portugal Street. They consider, however, that on the whole the new situation will prove more convenient to the members of the Society. The Committee have to regret the death of another member of the Council, Miss E. A. Ormerod. She was one of the first lady members elected to the Council, and was chosen on account of her distinguished position as a writer on scientific subjects. ## p. 4 (#380) ############################################## THE AUTHOR. Miss Eleanor Ormerod. Society throughout. The question involved was not so important on account of the money at stake as on account D Y the death of Miss Eleanor A. Ormerod, on of the principle involved. The question was how far a D July 19th last. Economic Entomology has publisher of an Encyclopædia under certain circumstances lost one of its most competent exponents. had the right to use contributions of the author's in a different publication, and whether such use under all the Miss Ormerod was, moreover, one of the first lady circumstances was not an infringement of the plaintiffs' members of the Council of the Authors' Society, copyright. while her eminence as an entomologist was recog- The plaintiffs were successful. The Committee, however, nised by the conferment of the degree of LL.D. by are unable to put before the Society at the present time a detailed account of the case owing to the fact that the the University of Edinburgh, of which University defendants have appealed. When the matter has been the deceased lady was an examiner in Agricultural finally decided it will be fully reported. Entomology. Miss Ormerod's first appearance The Author will in future be issued from the offices of before the public as one conversant with the Society, 39, Old Queen Street. Ten numbers will be issued every year, the numbers for August and September entomology was in connection with the Royal being omitted. The subscription to The Author in future Horticultural Society in 1868; a collection of will be 58. 6d, instead of 68. 6d. It is hoped that the insects, whose life histories bore upon economic members of the Society will give The Author their strong problems. was formed partly under the guidance support, not only financially but by forwarding, to the offices of the Society articles on literary subjects that may and largely at the suggestion of Miss Ormerod. be of interest to members. The Society recognised the value of her services by awarding to her the Silver Floral medal. Miss Ormerod's first scientific work of importance was her “Manual of Injurious Insects," published in 1881, and since that year a large number of THE WORK OF THE SOCIETY. “Guides” and “Annual Reports ” have enriched the literature of the subject. We do not in this country suffer from the ravages of locusts, though A RETROSPECT. two serious locust plagues would seem to have T the present moment, when all members of occurred in the years 1693 and 1748. But Miss A the Society of Authors are mourning the Ormerod detected in 1893 a possible source of a loss of its founder, and the Society proceeds future plagues of these undesirable Orthoptera. to continue its work, no longer assisted by his In fodder imported from abroad she was able to counselfish courage and noble singleness of purpose, fipd—and report upon the unwelcome discovery- it is a tribute due to his memory once more to occasionally living, though fortunately more often place plainly before the whole world of letters the dead, locusts. Miss Ormerod's wide knowledge of object with which the Society was founded, the her subject was utilised by the Royal Agricultural work which it has hitherto accomplished, and the Society, who appointed her Consulting Extomo- means which it is employing to carry iuto effect logist, a post which she held for some years. the aim of its existence. The purposes which Sir FRANK E. BEDDARD. Walter Besant had in view when he inaugurated the first English association for the protection and advancement of the rights of authors do not con- The Work of the Society. cern members of the Society alone. They are of CINCE the last number of The Author was published equal importance to all connected with literature. the Secretary has had in hand thirteen cases in which The professional position of the, unhappily, still he has been forced to interfere between publisher or large number of anthors who (for selfish or other editor, and author. Of these, four have been satisfactorily terminated, and three have been placed in the hands of the reasons) continue to remain outside the Society, Society's solicitors; the remainder are in the course of whilst benefiting by its existence, negotiation. During the same period the Society has put ameliorated by these exertions as that of the in hand to carry through the Courts if necessary six cases, writers who are giving the Society their loyal five of these being small county court actions. The sixth, however, is an important question for all authors. It support. For that reason the attention of all is refers to the methods of dealing with a book and the title claimed for the following statement of facts. of a book after the author has conveyed his copyright to In September, 1883, Sir Walter Besant and a others. few other men of literary eminence met to con- It is to be hoped that the matter will finally come into Court, when the decision will be set out fully in The sider what steps could be taken to form a duthor, combination of men of letters for the protection At the end of the last sittings of the Courts a very of their property. The time seemed ripe for interesting case from the author's point of view came action. À feeling of discontent. arising partly up for trial, Aflalo & Cook v. Lawrence & Bullen. The case is especially interesting to the members as the brom ignorance o from ignorance of the author's real position, and plaintiffs, members of the Society, had the support of the partly from unbusiness-like dealings, was general. ## p. 5 (#381) ############################################## THE AUTHOR. Some remedy for the highly unsatisfactory state of From the moment of its foundation the Society affairs was a crying need. In Sir Walter's own threw all its weight and influence (by no means words- so great then as now) into obtaining a friendly “ The air was full of discontent." understanding with American authors and those other Americans who were interested in the passing The Society of Authors thus started was actually of an equitable copyright law. New copyright incorporated some months later, on the basis of a legislation was obtained in America in 1891. As limited liability company under a Board of Trade everyone knows, even this new law left much to be licence. The certificate of incorporation is dated desired. The Society is still engaged in efforts to the 30th day of June, 1884. Prior to the avail itself of every opportunity to obtain a more inauguration a circular had been issued by the generous legislation on the part of the United promoters of the Society, stating in general terms States. To proceed with caution is, however, the objects for which the Society was to be formed. necessary. A false move might prove fatal. The circular was issued with the aim of showing In the direction of consolidation of domestic that it was the duty of all who were connected copyright the Society has been able to act more with “the literary calling" to support an associa- directly, and with more important results. The tion which would be the only one in the country Society from the outset tuok up this question with for the maintenance and definition of literary vigour. The questions before it were such as property. That reason for asking the support admitted of no difference of opinion, and no need of all is as urgent to-day as at the time when the existed for hesitation. A copyright committee circular was first issued. was appointed. Numerous meetings were held. • It should be here remarked that the term Other bodies interested in copyright were con- “ literary calling” has always been understood sulted, and finally a new copyright law was drafted by the Society in its widest possible meaning under counsel's care. This was a full consolidating The Society does not endeavour to assist writers and amending bill, dealing with copyright property, of fiction alone, but labourers in all branches of literary, dramatic, artistic, and musical. To bring literature. Theological writers, dramatic writers, it before Parliament ultimately proved impossible, scientific writers, historical writers, and musical but it was found useful to have such a bill ready in composers, writers on technical subjects, on case any chance of presenting it might occur. subjects of all kinds which it would be too Subsequent events have, it is true, demonstrated tedious to enumerate here, and especially educa- this bill to have been cumbersome and inadequate. tional writers, were invited to combine for a The action of the Society was, however, at the common cause. The invitation was justified by time sound, and proved beneficial to authors. the fact that all would benefit by the common In 1891, after the passing of the new United united action, for the more united the action the States law, the Society found itself in a position to greater the benefit it is possible to confer, both take a further step. Lord Monkswell brought generally and in particular. The acceptance of the forward a bill that had been drafted by the Society. presidency of the Society by Lord Tennyson com- This bill reached a second reading in the House of pelled the public from the outset to regard the Lords, but was not taken further. In 1896 a new association from a serious point of view. copyright law committee was formed. This com- To relate the early struggles of the Society is mittee becoming persuaded that the time for not the purpose of the present article. The record obtaining a hearing for a consolidating act had not of unselfish labours on its behalf undertaken by yet arrived decided to draft a small amending bill. many men of letters, and especially by Sir Walter This bill was drafted by counsel, and was, after Besant, is long. Instances of financial support much expense and labour, agreed upon in its final generously given in addition to valuable time, stage. again especially by Sir Walter Besant, were many. Of this bill, Lord Monkswell, always indefati- To show in what manner and with what success gably interested in questions of copyright and ever the Society has exerted itself to carry into effect willing to assist the efforts of the Society, took the purposes of its original programme is the more charge. The bill passed its third reading in the immediate purpose of this paper. And here it House of Lords on the 23rd of July, 1897. In the may be convenient first to record what has been autumn of the same year a consolidating bill was done for the consolidation and amendment of the brought forward by the Copyright Association. law of domestic copyright, and for the promotion The latter bill and the bill of the Society ran of international copyright—the second and third concurrently at the beginning of 1898. Finally, points mentioned in the original circular. however, the whole question was taken up upon a The question of American copyright was one of new basis. A bill was drafted by Lord Thring the first to occupy the attention of the Society. separating literary from artistic copyright. This ## p. 6 (#382) ############################################## THE AUTHOR. bill was carefully studied by the members of the improvement of domestic legislation upon the copyright and dramatic committees of the Society, English Government, and it is in constant touch and a number of valuable suggestions regarding it with other countries on all questions relating to were offered. The Secretary of the Society, and international copyright. In these circumstances the other members of the committee interested in copy- committee are able to congratulate the Society upon right questions, appeared before the committee of the results of its efforts to strengthen the author's the House of Lords, and the bill passed through rights, and to extend the limits of his property ; that House. It was also adopted by the Govern- and it has a right to claim that such results ment, but finally put aside in consequence of merit the support of all members of the literary pressure of business. In 1900, owing no doubt in profession. a great measure to the persistent action of the The next point demanding consideration is what Society, the Government made a public declaration the Society has done to maintain, define, and of an intention of taking up the question of copy- defend literary, dramatic, and musical property. right. It must be added with regret that since It has, in the first place, published technical this declaration nothing in the shape of a draft works on a number of questions of primary import- bill has appeared from the Government offices. ance to authors. These works contain accurate But the above record will suffice to show how un- information previously nowhere to be found. finchingly and perseveringly the Society has During the earlier years of the Society's existence laboured for the amelioration of domestic copyright. much time was devoted to the collection and due It need hardly be said that the expenses have been arrangement of a mass of statistics now embodied heavy, whilst the members of the committee and in these works. The publication of these books, others have generously made ungrudging sacrifices though a small undertaking when compared with in order to forward the objects of the Society. the more important enterprises in which the Colonial copyright has, during the same period, Society has been engaged, is one of serious moment presented serious difficulties. In this direction to authors. Never before had authors been able the importance of the Society's action can hardly to ascertain the real truth about the cost of pro- be overestimated. The committee of the Society duction. Never before had authors been in a were the first body to perceive that the colonial position to discover how much exactly the publisher position formed one of the chief impediments in really took in the division of profits. Never before the way of new copyright legislation on the part had the faults and tricks incidental to publishers' of the Government. To put the matter on a more agreements been disclosed. If any single author satisfactory basis became immediately one of the did discover them he discovered them by bitter Society's foremost aims. At one time Mr. Hall experience. It was possible for accounts to be Caine was appointed delegate of the Society during charged with unfair and exorbitant items without a visit which he paid to Canada. Subsequently, the author's being aware of the fact. What was in 1899, the Secretary of the Society visited the still worse, his ignorance left him powerless to Dominion. The persevering efforts of the Society defend himself. The publications of the Society to solve the complex difficulties which existed were have altered all that. Here again Sir Walter rewarded with success when the Canadian Parlia- Besant's name must be mentioned. He was the ment, in 1900, passed an act embodying the ideas soul of this department of the Society's work. for which the Society had been so long contending. His time and labour were given without hesitation, Respecting international copyright it may suffice and without prospect of return. His practical to say that all its bearings, ramifications, and mind grasped and his mathematical talent enabled modifications have the Society's constant attention. him to make plain what particulars were to be The Society is in touch with those interested in investigated, and how the results of the investiga- its development in France, Germany, Italy and tions could be lucidly presented. In both he was other countries. All changes in the domestic or ably seconded by Mr. Squire Sprigge, the first international copyright laws of different countries Secretary of the Society, whose name is associated are carefully watched both from the domestic and with “The Cost of Production” and “ Methods international point of view. The information at of Publication." the Society's disposal is kept strictly up-to-date, Of still greater importance to authors has been and everything of importance is duly chronicled the fact that at the Society's offices information in the pages of The Author. can always be immediately obtained respecting the To sum up, the Society has done everything numerous questions which present themselves to that it is possible to do in the way of procuring every one who is contemplating the publication of more liberal legislation in America. It has a book. The Secretary is constantly present to brought about satisfactory legislation in Canada. give advice regarding the course to be pursued, Its perseverance has forced the question of the and to receive the complaints of authors who have ## p. 7 (#383) ############################################## THE AUTHOR. been unjustly treated. Those who can readily Small county court cases, and minor legal matters find a market for their wares he counsels as to the connected with the profession of letters, are con- form of contract that should be adopted. Those stantly being successfully fought by the Society. who have a difficulty in discovering a market he Though they are of importance there is no guides in the choice of publishers and editors to occasion to lay much stress upon them. They are whom they should address themselves, and the merely the police supervision of literary property. terms which they should accept. To none is his The Society has been instrumental in exposing assistance of more value than to those who find a number of literary swindles, and in throwing themselves obliged to expend money upon the bankrupt and worthless magazines off the literary production of their works. This warning is market. The actual number of cases in which the especially applicable to technical writers. It is Society interferes between author and publisher, most important to these authors that they should author and editor, or dramatic author and see that the amount expended is as small, and the theatrical manager, few in the earlier years of the returns as large as possible When the author is Society's existence, becomes annually greater. The ignorant of the secrets of publication he is often number is at present about 110 a year. liable to be overreached in these particulars by This work of advice, warning, and legal protec- the publisher armed with full knowledge. tion is performed every day by the Society on Authors are constantly in need not only of behalf of its members, almost as a matter of business but also of strictly legal advice. Legal routine. questions arising out of the many disputes between There are editors with whom the Society has author and publisher, author and editor, or had no disputes, and publishers with whom the dramatist and author, are common. In these Society's disputes are few. Others exist whose instances the Secretary, himself a solicitor, is behaviour to their authors brings them constantly competent to advise from the legal point of view. before the Society's notice. There are publishers When cases of difficulty arise, the opinion of the who often after they have entered into an agree- solicitors of the Society is obtained. In those of ment refuse to be bound by it. With these the great importance, either on account of the principle Society is bound to deal severely and stringently. involved or on account of the amount in dispute, It should, however, be remembered that the counsel's opinion is taken on behalf of members. author's legal position is the only one which the It follows that the legal expenses annually incurred Society can support. Though the Society has, on by the Society are very high ; and every literary one or two rare occasions, written a letter of remon- man should remember that this heavy expenditure strance to the publisher when the legal position has benefits not only the individuals whose causes are been against the author, the committee feel that this espoused, but every member of the literary pro course is, as a general rule, ill-advised, and that it fession, and it should be remarked that this legal is useless for the Society to remonstrate unless the advice, which could only be obtained, if at all, at remonstrance can be enforced in a court of law. great expense from the ordinary solicitor, can be Members, therefore, when laring complaints before gathered from the Society for the fee of £1 1s. the Society should always be ready to fight, if The mere settlement of an agreement would cost necessary, to an issue in the courts. A fighting £2 2s. or £3 3s. in a lawyer's hands. vitality in the members of the Society is really the This point would not have been dwelt upon if quality surest to secure a friendly understanding it had not been too frequently forgotten. between author and publisher. " Si vis pacem It may here be remarked in passing that a para bellum." charge is not infrequently brought against the The Society has also been accused, by those who Society that it never takes an action into court. (for some reason best known to themselves) enjoy Scoffers have considered this as evidence that the scoffing at its work, of degrading the profession of work of the Society. is practically useless. The letters, and of regarding it too much from the answer is simple. It is a very difficult thing to commercial point of view. It was, however, often get a publisher to fight an action through the pointed out by Sir Walter Besant that a due courts. The Society has had before it countless attention to the commercial situation has no cases which have been settled before the action connection at all with the dignity of letters, and came before the public gaze. On sundry occasions, can in no possible way degrade an author. A however, especially in cases when the publisher, man of imaginative power and literary skill who being in a bankrupt condition, had nothing to lose, feels himself prompted to write a book sets about the Society has carried matters through the courts it without any consideration of the financial side to a successful issue. Such cases have been a of the question. He is inspired by his subject. great strain upon the Society's resources, owing to He works attentively and lovingly. He spares the impossibility of obtaining any money return. neither time, energy, nor labour. Years of work ## p. 8 (#384) ############################################## THE AUTHOR. may be necessary before he produces his master- WORK THE SOCIETY DOES NOT DO. piece. During this period no thought of market value has presented itself to him. No merely mercantile aim has vitiated his work. But when CEMBERS of the Society who subscribe their the work is at last completed, no reason can exist guinea merely on the hope of getting a why he should not market it upon the best terms heavy money burden taken off their possible. The two operations are essentially and shoulders cannot fail to be disappointed, but the absolutely distinct. In the mind of every man cause of this disappointment is with themselves. devoted to his art they will always remain so. As some members of the Society claim as a right The fact that men exist who write with mixed from the committee the undertaking of business motives—which these scoffers appear to regard as that the Society never pretended to undertake, nay, the normal condition of literary production—is no always stated that it could not bind itself to under- argument for the degradation of literary ability by take, it is necessary again to put forward some of a desire for equitable sale. The fallacy is the the causes which the Society, although very willing familiar one of false analogy, and as unreasonable to uphold, if in a position to do so, does not promise, as the assertion that the existence of thieves and never has promised, to uphold on the demand disproves the possibility of honesty in man. of a member and as a matter of course. In conclusion, attention should be paid to the 1. Obtain counsel's opinion. fact that the Society of Authors is the only 2. Take up an action for a member. institution in the Empire for the protection of 3. Vouch a member's accounts by paid accoun- literature. For that reason alone it deserves the tant or otherwise. support of every author in the three kingdoms and 4. Draft formal agreements. the colonies. The protection and assistance which 5. Act as literary agents. it gives authors become yearly more far-reaching. With regard to the first the member has a right The effects of its influence are felt directly or to a legal opinion from the Secretary and the indirectly not by members of the Society alone, Society's solicitors, and in nearly every case of real but by all who write. Every author is in some importance the committee are willing to obtain degree benefited, and those who are benefited, in counsel's opinion if the finances of the Society will some cases largely, but are not members of the allow, but that the committee must decide. Society, are, to a certain extent, living upon other With regard to No. 2 it may be stated that the people's money—are, in plain English, unworthy Society, during the past two or three years, has recipients of charity. That any who are thus never hesitated to take up county court actions on benefited by the Society should refuse to join it, behalf of its inembers, and has not refused, when should leave the members of the Society to bear alone the case has been approved by the Society's lawyers, the burden of the combat for the cause of all, to support an action in the Higher Courts. This is a wrong. At its commencement the Society again, however, is a question in which the financial numbered 68 members. It now contains 1,400. side has to be carefully considered. That increase alone is eloquent evidence of the With regard to No. 3 the Secretary will always value of its work. But the Society ought to be look through a member's accounts and compare three times as large as it is. them with the agreement to see whether, on the Every author is needed in this great guild of face of them, they are correct. It sometimes occurs literature. Every author ought to feel that it is that one or two of the items want vouching, and his duty to support the Society which exists for though on occasions the Secretary has personally the defence of his rights, both by joining himself undertaken to vouch them, it would be impossible and by getting others to join.' for him to do so in every case on account of the And in proportion as the Society becomes more time that it is necessary to expend in going through and more nearly an association of all British the books of a firm. Under certain circumstances, authors, and is recognised as the one body able to however, the committee have been willing to give advice and assistance to all who aspire to appoint and put in an accountant to go through distinction in letters, the more rapidly will it be the books. Here again the question of finance able to accomplish the object which it has set arises. before itself of raising the position of authors. The Society does not undertake to draft formal When the Society can justly boast that it speaks agreements, though on agreements submitted it and acts in the name of the entire body of gives full advice with regard to the clauses to be English men of letters, the moral and material inserted or rejected. To draft agreements would interests of the profession will be protected and entail too much time and too much responsibility. advanced in a manner hitherto unattempted and The Society cannot act as literary agents, as it unanticipated. must keep a free hand to deal with publishers and ## p. 9 (#385) ############################################## THE AUTHOR. literary agents in whatever way may seem fit to That some of the references contained in these it. It is requested, however, that those members notes are old is due to the fact that the August who desire the Society to undertake difficult and September numbers of The Author have not matters should not be offended in case the com been produced, but, though old, it is never too late mittee refuse to act, and should not go away and to point a useful moral, and when this is possible say that the Society is incapable of assisting and essential it has been done. authors. As has been pointed out over and over again at other times and in other places, the legal advice which is given gratis by the Society cannot In one of the issues of the Sphere in June last, be obtained anywhere except at the Society's offices, the following note appeared :- and if obtained from a lawyer would cost three or four times the member's subscription. Besides, “ The whole dignity of the publisher's profession is abro- gated thereby (i.e., by the fact of the publisher con- the technical knowledge is exceedingly valuable to descending to do business with the author through a members of the Society, and is worth a considerably middleman-the author's agent), and there is a latent higher figure than the payment of the guinea a suggestion that he (the publisher) is not an honest man.” year. Finally, the claims of an old member, other things being equal, will have precedence of those of The italics and the brackets are ours. Surely the writer has mistaken the point of view. The a new member. It has been thought necessary to put forward majority of publishers are known to be acute men of these points, as on one or two occasions members business. The majority of authors are absolutely have been exceedingly put out by the committee ignorant of the commercial values of literary wares. declining to take up their matters, either by refusing If the author chooses to employ an agent who to pay an accountant to vouch accounts, or by refus- knows all about market values, surely there is no ing to commence action, whether the moral or legal necessary suggestion of the publisher's dishonesty. aspect of the case was in favour of the author or If the publisher refuses to deal with the agent. not. a deduction might be made on the other side. The moral is clear. In all societies containing a If publishers would only dismount from the large membership there are bound to be grumblers. The committee desire to limit the number to those pedestal on which some of them like to stand as with a legitimate grievance. patrons of literature and its generous supporters, and would recognise themselves for what they are -men of business—it would be far better for the profession of literature and for the trade of publishing. AUTHORITIES. Finally, so long as publishers are clever men of business and not philanthropists, and so long as the authors fully comprehend the distinction, so TT is necessary with the new issue of The Author long will the literary agent flourish, even though I under new management to ask for the kind at times his dealings may not be everything the forbearance of all members of the Society. publisher could desire or the author could wish. To the most unsophisticated the difficulties of the position must be evident, and we realise their magnitude. What Sir Walter has done for The As the question of the position of literary agent Author no one else could do. (1) to the author whom he advises ; (2) to the publisher with whom he deals, is of the greatest interest to writers, and as there is so much Sir Walter's fighting spirit, combined with his to be said on both sides, we have invited a virite pen, was a mighty force, not only to attack member of the Society to contribute an article the shams and cheating, the unfair business upon the question of the employment of agents, methods, the mock generosity and empty patronage without reference to personal experience of the of certain publishers towards those who lived by dealings of individuals, hoping that other members the literary profession, but also to uphold the of the Society may be able to supplement views rights and define the property, and to maintain thus generally expressed, and to illustrate them the honour and esprit de corps of the great from their particular experiences, or dissent from brotherhood. them if they deem it proper to do so. We have Longo intervallo, it must be our effort to follow at the same time invited a well-known publisher out the same course, and to work out the destiny to contribute his views upon the question—views of the Society on the same lines. which, coming from such a source, should be ## p. 10 (#386) ############################################# 10 THE AUTHOR. read with very great interest by authors. We need In these days of smart books on smart society- hardly say that these two articles were written by terms not our own—where the conversation, as each contributor without reference to the other, the critics say, bristles with epigrams, it might be but we may add that they were in our hands before as well to consider what an epigram really is. the subject was touched on in a recent number of We find in Murray's New English Dictionary Literature, and have not been altered since. We the following definitions : reserve our comments until the question has been more fully ventilated. Epigram : 1. An inscription, usually in verse. 2. A short poem, ending in a witty or ingenious turn We are glad to see that the International Literary of thought, to which the rest of the composition and Artistic Copyright Congress, which held its is intended to lead up. b. Loosely used for a laudatory poem. first sitting of the year on August 8, decided, after 3. A pointed or antithetical saying. some discussion, to prepare a scheme for the b. Epigrammatic expression. revision of the Berne Convention by drafting an ideal convention, which it is intended to submit The modern epigram cannot certainly be classed to all the literary and artistic societies of all under 1 and 2. There 18 even some doubt as to countries. whether it can be fairly brought under No. 3. This suggestion was very fully discussed and There are many so-called epigrams which are elaborated in an article on International Copyright, antithetical and not pointed, and many which are written by the Secretary of the Society in the Maypointed but not antithetical, and many which are number of the Fortnightly Review. neither pointed nor antithetical. The definition It is to be hoped that such action will have a is not exhaustive, or the critics are at fault. satisfactory result with regard to the next meeting If The Author was in the habit of giving prizes, of the plenipotentiaries of the signatories of the it would be interesting to offer a sum for the convention at Berne. best definition. It is to be hoped that some of our readers will try to define the modern epigram as distinct from the classical. The result would be In an article on Sir Walter Besant in the July ter besant in the July interesting to see. number of the Bookman, the following statement appears :- “How do you get on with your literary work ? " “The Author, under the most prosaic disguise of figures, “Oh, famously! I have invented an extremely silly was full of the impossible and the untrue, but if ever a attitude in which to be photographed for the literary man desired to tell the truth, and tried to set forth the periodicals, and have now only to write something." facts of life accurately, it was Sir Walter Besant." The above is taken from an American paper. Although the editor has been asked to com- It is necessary to make this statement, in case any- municate with his correspondent, in order to obtain one might think we were inclined to personalities. identification and proof as to “ the impossible and the untrue," he has taken no notice of the letters G. H. T. that have been written to him. These charges were constantly being made against Sir Walter Besant during his life when AUTHOR AND LITERARY AGENT. he was capable of defending himself, but the proofs as to the “impossible and the untrue" were never forthcoming, and time after time Sir Walter exposed these statements, as unfounded M HE usefulness of the literary agent to the as they were rashly made. It is a pity that author is a subject upon which opinions immediately after his death, when he is incapable vary, and with regard to which different of wielding his vigorous pen in self-defence, oppor- authors have naturally different views based largely tunity should have been taken to renew these upon their personal experiences and consequently attacks, and that all efforts to obtain a satisfactory limited by them. I should like to submit a few reply, either from the editor or from his corre- opinions and deductions to the readers of The spondent, should have been ignored. Author hoping that some may be induced to Sir Walter Besant's statement of facts touching confirm or contradict them, and that, if possible, literary property and literary methods was never certainty may thus be arrived at. For this pur- "impossible” and never “untrue.” His work was pose I ask leave to divide authors arbitrarily into much too accurate to have such a charge brought two classes, authors who have published and against it. authors who have not, and again to subdivide the ## p. 11 (#387) ############################################# THE AUTHOR. 11 former class into the "authors of many books” examining it, and his business really is to be and the "authors of few books ” (using the term posted in the financial capabilities of publishers, "books” for literary productions generally, whether to be able to ascertain who wants a story for a in the form of books or of articles, &c.), while Christmas number, or a serial for a new magazine, I subdivide each of these again into the very and so on, and above all to know how to get the successful, the moderately successful, and the best price that he can for his principal. I submit unsuccessful. I am quite aware that all such that in such cases the agent can do better than classification must be in some particulars open the author, and I should say that he can be to objection, just as any attempt to lay down particularly useful in the case of the well-known general rules as to the usefulness of literary author (and of others too, if he will take the trouble) agents must be liable to failure owing to the in placing short stuff, such as short stories, articles, number of exceptions that will present them. and verse, in newspapers and magazines so as to selves. I will, however, endeavour to show secure a good price for his employer with the least incidentally the reasons for which I have adopted possible trouble to him. I take it that in most the above rough system of classification. I take it cases of this kind the agent not only can but does that we all admit that there are authors who may get a better price than the author could. Whether be termed without unfairness “ very successful” he also invariably makes the best bargain that when compared with their fellows. Such a term could possibly be made in the circumstances is a attempts no discrimination of literary merit, no matter upon which even the authors of many prophecy as to how long the popularity of indi successful books can, I take it, only offer opinions. vidual writers or individual works may be likely I suppose agents, like other people, make mistakes, to last. Such authors have established a market, and I suppose that at times they are actuated by a each of them appeals to a more or less wide circle desire to make the most of the bird in hand, and of readers, and will probably continue so to appeal so perchance may miss the brace in the bush. I until his work shows signs of “going off” to a am, of course, assuming their commercial honesty. marked extent. I am writing of the “very suc- It would be absurd to warn authors against dis- cessful” authors who have published “many honest agents, and Utopian to expect more than books.” To these, I submit, the literary agent ordinary every-day commercial honesty in those may be very useful, especially if the author is not conducting ordinary every-day commercial transac- a good man of business when dealing with his own tions. I do not, however, call taking a commission wares; useful, that is, in order that the pecuniary from both sides-i.e., from the publisher as well as return to the author may be proportionate to the from the author without the knowledge of the latter wide sale of his books. Some popular authors are —“honesty”; it is ordinary commercial dishonesty. good men of business : they can make their own Turning to the “ successful authors ” of “ few bargains either with or without the advice of a works,” by whom I mean authors who have on person of wider experience, such as the Secretary one or two occasions written with marked success, of the Society of Authors; others are almost but who cannot be called prolific writers, I would incapable of completing a decent bargain however point out that these probably have more time for anxious they may be to do so. With regard to all considering their plans with regard to publishing these, however, the successful authors of many books, than the busy men who devote a large portion of I would make this observation. The functions of every day to literary work, and I think it is possible the agent with regard to their books are almost that these may sometimes be better able to dispense entirely mercantile ; far more so, at any rate, than with agents than those who write more—on account with regard to the other classes into which I have of their greater leisure. Here, too, the test comes in divided authors. The agent knows, without read that I have already suggested. The writer of few ing it, the class of work he is dealing with, and his books has a less established name, a less clearly duty is limited to finding for it the best market defined market. His new book may be of a that he can, with the knowledge that he will earn different class altogether from his previous pro- a handsome commission for his services. I take it ductions. It may well be that he may know better that I shall hardly be contradicted if I say that an than the agent what firm of publishers would be agent entrusted with a novel by Mr. Blank or Mr. most likely to (1) accept it, and (2) produce it to Dash, authors whose names are almost household best advantage. At all events, in his case the duty words, need not trouble himself with literary of the agent ceases to be purely mercantile. He criticism, or with any anxiety lest the work, has to read and appreciate what is entrusted to him perhaps unwritten, should turn out to be either to sell. Can he do so ? Does he in all cases do an English version of “La Terre,” or a disquisition so ? These are questions which authors of the on higher mathematics disguised as a romance. class indicated probably entertain opinions derived He knows what he has to sell, practically without from experience. ## p. 12 (#388) ############################################# 12 THE AUTHOR. Coming to the less successful writers, those who that article to confirm me in the views I have have written and published much, or only a little, ventured to express or suggest. and who have made writing pay either moderately I have not drawn attention to more or less or not at all, some of these will, I believe, be obvious matters of detail, but I fancy they will found to have suffered from their inability to put generally be found to bear out the points that I their work on the market in the way that will pay have endeavoured to establish. For example, it them best, and to have selected publishers or made seems obvious that the agent when dealing for the agreements with publishers that have not contri- successful author who has written “many books" buted to wide circulations. It is quite possible will have much less trouble, and be paid better that agents may be useful to such as these, but it (very much better in proportion to his trouble), must be remembered that some amount of trouble than when endeavouring to find a publisher for the and literary appreciation will be required in the work of an unsuccessful author of one of two agent before he will be able to deal effectively with published works, or for an author who has never that which has not got an established reputation had anything published. It also seems obvious and a ready market. With these the agent has, to that one agent may work harder than others, and varying extents, to press wares upon more or less that an unknown writer may get better treated by indifferent buyers, not to discriminate between one agent than by another. Some may work best more or less eager ones. I can remember an when working for the men at the top of the tree. instance where a well-known literary agent did I have perhaps had novel-writers in my eye for the very useful work for a lady author. She had most part, but it seems obvious that what I have made her own business arrangements and pub- said as to the agent knowing the contents of the lished her novels without profit. The agent book and where to take it, applies even more in the advised her to change the name under which she case of biographies, essays, educational works, &c., wrote, and make a fresh start altogether under his than in the case of fiction. If any would urge that auspices. He found her better publishers, she the agent knows better what the publisher's line is obtained a better sale, received good prices, and than the author does, and that therefore he can became a moderately well-known writer, with a choose a publisher for the author better than he recognised if not very exalted position as such. can choose for himself, I am inclined to say that it The agent had reason to be proud of his work in this is obvious that unless and until the agent has very instance, but many men and women of moderate carefully read and considered a particular work, the powers as authors can no doubt do as well for them- author must know best the class to which his work selves. It is not easy to lay down rules. Agents are belongs, or that at any rate he must know to what no doubt useful to those who cannot do their own class he means it to belong. Beyond this he business, or wish to be relieved of the trouble must know, or ought to know to some extent, if he of it. is at all observant, what publisher publishes par- I have only now to mention those authors who ticular kinds of books, for a man or woman must have never published anything. Can an agent do read and observe before he or she can write. anything for these that they cannot do as well or I have not referred to the fact that some pub- better for themselves ? If he is to do so he must lishers do not like dealing with agents. I will not read their manuscripts, and consider where he may discuss the possible reason for this, but I believe it best send them, or much time will be wasted, and to be a fact, and I take it that, although something they may never reach any office at all where they may be said on both sides, it is not altogether to could possibly have any chance of being accepted the discredit of the agent. When the agent has obtained an offer will he make In conclusion I submit to the readers of The the best possible bargain for the new writer, or will Author that, speaking generally, the literary agent he be inclined to push the business through, and earn is of most use where he deals as agent for the vendor a certain commission down, and will be therefore of an article of more or less known value, and where advise the author to take anything he can get the agent's commission is likely to be large, and is of even if it involves the signing of a disadvantageous least use where the value is unknown, where literary agreement ? Here the experience of those who have discrimination is necessary for the proper perfor- dealt through agents in such circumstances may be mance of the agent's duties, and where the agent's useful to others. commission is likely to be small, while part of it I have read an article in The Author (Vol. XI., has, perhaps, been paid before the work was under- p. 114, Dec. 1900) signed with the initials of the taken ; and further, that the comparative usefulness Secretary of the Society, in which he gives some of the agent depends largely on the ability or of his own experiences of agents' bargains, and inability of the author to deal on his own account. expresses his own opinions in the light of those I have, however, only expressed opinions, and experiences. I think that much will be found in sought to reason in justification of them, and I ## p. 13 (#389) ############################################# THE AUTHOR. 13 feel sure that the experience of those who have publisher ; he can in an emergency, after all, have cause to dissent from or assent to what I have recourse to the Authors' Society, or to his solicitor, written will be of value to many who have no whose charges, did he all that the agent could do, experience of their own to which they can refer. would be infinitesimal in comparison. E. A. ARMSTRONG. (c) Because the author's agent is successful only after an author's reputation has been established by the publisher, but never with a young and unknown author, so that he merely comes in for an A Publisher's Letter. enormous share of profit at a time when a guinea or two to a solicitor (say the Authors' Society's II. own) would ensure a better-drawn agreement and I AM asked to write down for The Author my a more responsible management than could be got views on the literary agent. I am flattered by from an irresponsible author's agent who extorts this request, and hopeful that the future may percentages which are out of all proportion to the produce a much better understanding between services rendered. authors and publishers, from the very fact that the opinion of a publisher should be considered worth (d) Because the author's agent fosters in authors asking by the organ of the Authors' Society. I the greed for an immediate money return (for this will give my opinion with perfect frankness, rely- means cash percentages) at the cost of all dignity and artistic repose, pledging the author's time, ing upon the good faith of my hosts that I, as thought, inspiration, and work for years ahead, the invited guest, shall, although a publisher, be credited with honesty. and making of the author a slave to contracts and a victim to haste and thoughtless waste of his I am opposed to the literary agent from the gifts. point of (1) the publisher, (2) the author, and (3) literature. 3. Literature. (a) Because I do not consider it to be in the interests of literature that books should 1. The Publisher.—(a) Because the literary be put up to auction and sold to the highest agent prevents that free and intimate intercourse bidder among publishers, who may be incom- between publisher and author which is from my petent to give the best advantages to the book in experience of unquestioned mutual advantage. question. (6) Because I have not always found literary (6) Because it is certainly very much against agents scrupulously honest in their dealings. the interests of literature that authors should be pledged and sold body and soul to syndicates and (©) Because I resent the implied imputation publishers on time bargains years ahead, with no that the publisher might take advantage of an certainty that they can stand the strain and pres- author unless his interests are looked after by a sure of production, from the point of view of their person deriving a benefit in the shape of per- physical or mental health. centages from the party with whom I am doing business. (c) Because of the fact that it discourages the publisher from taking up new authors, if they (d) Because I do not consider it in the interest are, as soon as he has borne the first risk and of my individual business or in the interest of launched them, to be put up to public auction ; and publishers in general that one of us should be there can be no doubt that it becomes more played off against the other, as is the habit and difficult for a young author to get a hearing in difficult for practically the raison d'etre of the literary agent. proportion to the prevalence and success of the (e) Because no author would be so quixotic as to parasite that lives on his produce. employ a literary agent if he did not hope to get as much more out of the publisher as the agent's To sum up, on behalf of the publisher, the commission represents. author, and literature, I am of opinion that it is waste of money to keep an agent with emoluments 2. The Author.-(a) Because I believe it to be which are enormous in comparison with the services in many instances of advantage to authors to be rendered, when a little mutual trustfulness, a little in personal communication with their publishers. give-and-take, and anyhow a careful solicitor at an ordinary legal fee, would enable publisher and (6) Because I consider it infra dignitatem autoris author and literature to do without him. to assume that he cannot take care of himself should he really come into contact with an overreaching W. HEINEMANN. ## p. 14 (#390) ############################################# 14 THE AUTHOR. SIR WALTER BESANT. AUTHORS' CORRECTIONS, S the question of corrections is constantly A Tribute. recurring, and as the matter is of consider able importance to all authors, the difficul- M IRELESS, intrepid fighter, whose strong ties connected with this subject must once again 1 blade Was never bared except in righteous fray be put before the members of the Society. In the For thy less stalwart comrades, ready alway first instance sundry clauses collected from different publishers' agreements bearing on the question To wage 'gainst wrong a chivalrous crusade, Ey'n were it single-handed, undismayed, of corrections are printed below for consideration. Indomitable, still resolved to play Clauses on the lines of the following appear in · Sternly the champion's part, thy cardinal nearly every agreement; they are taken at random trait as examples. A courage by self-interest never swayed ! 1. “The said author to correct proof sheets with all 0, for all time shalt thou in honour be reasonable despatch, and if any alterations or additions to Held by thy Craft. as one whose cherished proofs are made beyond the usual corrections of printers' errors he is to pay for such extra work.". aim 2. “ The cost of correction of other than the printers' Was less to gather bay, or garner fee, errors in the proofs of the said work exceeding ten shillings Than to achieve the higher, nobler fame per sheet of thirty-two pages is to be borne by the said Of seeking weal for his fraternity, author, and the amount thereof shall be payable to the And winning thence a love-illumined name. publishers by the said author within one month after the publication of the said book." WILLIAM TOYNBEE. 3. “All details as to the time and manner of production, publication and advertisement, and the number and desti. nation of free copies, shall be left to the sole discretion of the publishers, who shall bear all expenses of production, publication, and advertisement, except the amount (if any) by which the cost of corrections of proofs other than A Message from America. printers' errors at per printers' invoice exceeds an average of five shillings per sheet of sixteen pages of printed matter, THE resolutions printed below have been for- which amount shall be borne by the author." warded to the Society by the American Society of 4. “All alteration in proof sheets made by the author Authors. It is exceedingly interesting to receive while the book is passing through the press, the cost of these warm tokens of affection from the other which shall exceed sixteen shillings per sheet of sixteen pages, shall be at the expense of the author." side of the water for one who was throughout his 5. “That the author shall not be liable for expenses of busy life such a champion of literary work and author's proof corrections (exclusive of the correction of such a helper to literary workers. printers' errors) up to the amount of £5, equivalent to one Resolved : “ That the Society of American hundred hours of work, but that should such charges exceed this amount, the author shall be debited with the excess." Authors tenders fraternal greetings to the English Society of Authors, and extends profound sympathy The first three are exceedingly dangerous to the and condolence to the brethren across the sea on author. In the first clause the author is bound to the sad and deeply to be deplored decease of Sir pay for all extra work. This is unfair, for, as will be Walter Besant, at once a warm patriot and a firm pointed out later, some printers' errors must under friend of America, a distinguished man of letters, the most favourable circumstances be included in a philanthropist, and especially a sympathiser and author's corrections. In the second clause the helper of literary workers the world over. Sir author is allowed a sum of ten shillings per sheet Walter Besant's pen, known wherever the English of thirty-two pages (this is a very low allowance), language is spoken, has enlightened and brightened and is bound to pay the amount within a month many lives in this country, and his encouragement from the publication of the book. This is not and kind feeling toward the Society of American customary; the amount (if any) is generally deducted Authors will always be most gratefully and from the returns. In the third clause the author enduringly remembered.” has to pay anything over five shillings a sheet of Resolved : 66 That copies of these resolutions be sixteen pages, again a very low allowance. In the sent to the English Society of Authors and to the fourth clause the amount the author has to pay is family of Sir Walter Besant.” anything in excess of sixteen shillings per sheet of sixteen pages. This clause would be a favourable one for the author if printers' errors had not been included. In the fifth clause he is bound to pay ## p. 15 (#391) ############################################# THE AUTHOR. 15: anything over £5, which is equivalent to one that the printer may make mistakes unnoticeable hundred hours' work : this is a low allowance. by the reader but very clear to the author, and The charge the author has to bear in agreements every author who has been accustomed to read from the best publishing houses varies from any. proofs will know that, as a matter of fact, he never thing over ten shillings to anything over sixteen receives a proof clear of printers' errors. He has, shillings per sheet of sixteen pages. Let us however, on the printer's own confession, to be consider for a moment what this means. responsible to the publisher for more than his own The ordinary six-shilling book runs to about corrections—in the result this position, however 320 pages, generally rather over that amount. unfair, is almost unavoidable. An honourable This would be twenty sheets of sixteen pages, and house will, however, act fairly, but a dishonest if the author was allowed ten shillings per sheet, publisher not unfrequently takes advantage. he would be therefore allowed for corrections an In case of a dispute is it possible to determine amount of £10 for which he would not have to what are printers' errors and what are author's pay. It will be seen, therefore, that the amount corrections, and how much time is expended on put forward in the above clauses, with the exception the one and how much on the other ? It is almost of Clause 4, would be exceedingly small ; and in impossible. The author should keep duplicate Clause 5 whether the amount was reasonable would proofs and should make his corrections on both, of course depend on the size of the book. In any and in both cases should make the corrections of case where a fixed allowance is made care should printers' errors in different coloured ink from his be taken that the amount is reasonable as com- own corrections. This would be the most secure pared with the cost of composition. If the author way of ascertaining correctly the facts of the case, exceeds the sum of £10, say he has to pay £10 but again the time necessary for alterations even himself, this would mean there would be £20 of when picked out by this method is only approxi- corrections, or in other words would mean 400 mately ascertainable and tends to make the sugges- hours' work, or the work of one man for forty days tion valueless. Even when the author has kept at the rate of ten hours a day. This will give the corrections distinct by this carefully regulated some idea of the absurdities of some charges made process, the fresh difficulty will arise in determining under cover of corrections. the time expended on the re-composition for the In the draft agreements issued by the Publishing correction of printers' errors as apart from those of Association we find the following clause :- the author, and if the matter has to be settled before 66 The author agrees that if costs of corrections and a judge as the final arbiter expert evidence can alterations in the proof sheets exceed 25 per cent. of the only prevent an exorbitant overcharge, but no cost of composition it shall be deducted from the royalties expert can reduce the question to the accuracy of a payable to him." mathematical problem. If, then, the printer or The cost of composition of the ordinary six- publisher intends to be dishonest to the extent of shilling book varies between £20 and £30. Here £5 to £10 no power on earth can prove the dis- allowance for the corrections free to the author is honesty. On some publishers' accounts these few very small, especially as the clause makes no state- uncheckable pounds are always in evidence. The ment whatever with regard to printers' errors. It safest way, therefore, is to know exactly how to is a clause to be avoided therefore. There is one correct at the least cost, and the author should be point, however, on which the clause is reasonable, careful to make such alterations and to such an namely, that the amount should be deducted from extent that the lines should not overrun and the royalties, and in most publishers' agreements necessitate the carrying forward of the whole type. where it is not expressly stated this course is Sometimes an exceedingly small correction, from generally adopted. the author's point of view, will be an exceedingly The next point for consideration is how the large one from the printer's. author's corrections are to be distinguished from It has been stated above and it should be printers' errors. Printers will tell you that the repeated that the cost of corrections is vouched for proofs are read over before they are forwarded to by the printers' sheet showing so much time spent the author, and the author, therefore, has a clean by the compositor, whose time is reckoned at one sheet. Anything over that is author's corrections, shilling per hour. As a matter of fact he is not and that if the author finds many printers' errors paid so much, but it is one of the many plans by still in the proofs he should return them for a clean which publishers and printers put a little into their sheet before he makes any corrections of his own. own pockets. This would be an admirable way of ascertaining One other point should be mentioned, and that the difference if the printer's reader was infallible, is the question of corrections in the American cost but not only is such a position impossible, but this of production. It is much more difficult to settle further difficulty must be taken into consideration, any disputes with American publishers than it is a ## p. 16 (#392) ############################################# 16 THE AUTHOR. with a publisher in England owing to the distance, and the fact that if the matter is taken finally into the courts it is hardly worth while to bring an action in America unless the amount involved is very large or the principle very important. Authors, however, should be much more particular in dealing in America as to the position of the publishers and as to the form of correction clauses, and should be careful to deal with those houses only of an established reputation. This further point must This further point must also be noted : the cost of labour in America is higher than the cost of labour in England, and therefore the cost of corrections is proportionately greater. Finally it has been suggested that the author should not in any case be liable to pay for correc. tions above a certain fixed amount. But such an arrangement it is feared would never be agreed to by the publisher, and would be hardly fair, as the author might involve the publisher in an enormous expense and the publisher would have no possi- bility of obtaining any redress. As the fault of many corrections must lie with the author 16 18 only fair that the author should pay a reasonable proportion. What such reasonable proportion is will adjust itself by the conditions of the trade when at last the full details of cost are known to both author and publisher. having taken such copyright, while the serial numbers of a magazine in which the contents of the book were first published were copyrighted by the publishers, and the notices printed therein showed such copyright in their name, I t appeared that while the parts of a book were being published serially in a magazine the book as a whole was copyrighted by the author and published. The remaining parts were thereafter published in the succeeding numbers of the magazine, which were copyrighted by the publishers, and notice of such copyright in their name was printed therein. It was held that the parts which had appeared in the magazine prior to any copyright by such publication became public property, under the Copyright Law of 1831 (4 Stat. 436, ss. 1, 4), and that as to the remaining parts, the author's copyright was vitiated by the copyright notices printed in the magazine giving the name of the publishers, instead of the author, under section 5 of the Act, which requires a notice of copyright to be inserted in the several copies of each and every edition " published, stating, among other things, the name of the person taking out such copyright. The Court said in part: In the two cases at bar it appears from the allegations of the bills that before any copyright was taken out the first twenty-nine of the forty-two chapters of “ The Minister's Wooing," by Harriet Beecher Stowe, were published in the serial numbers of the Atlantic Monthly, beginning with December, 1858, and ending with October, 1859, and that ten of the twelve parts of " The Professor at the Breakfast Table.” by Oliver Wendell Holmes, were published in the serial numbers of the same magazine, beginning in January, 1859, and ending with October, 1859. In October, 1859, Mrs. Stowe took out a copyright in “ The Minister's Wooing," as a whole before its publication. The notice of copyright inserted in the book was as follows: "Entered according to Act of Congress, in the year 1859, by Harriet Beecher Stowe, in the Clerk's office of the District Court of the District of Massachusetts." After the publication of the book, the remaining thirteen chapters of "The Minister's Wooing" were published in the November and December numbers of the Atlantic Monthly for the year 1859. The publishers took out a copyright in these numbers of the magazine. The notice of copyright on the page following the title-page was as follows: “ Entered according to Act of Congress, in the year 1859, by Ticknor & Fields, in the clerk's office of the District Court of the District of Massachusetts.” By section 5 of the Act of February 3, 1831 (4 Stat. 436), it is provided : “ That no person shall be entitled to the benefit of this Act, unless he shall give information of copy. right being secured, by causing to be inserted, in the several copies of each and every edition published during the term secured on the title-page, or the page immediately following, if it be a book, ... the following words ; viz. : - Entered according to Act of Congress, in the year — by A. B., in the Clerk's office of the District Court of - Upon the authority of Holmes . Hurst (174 U.S. 82; 19 Sup. Ct. 606 ; 43 L. Ed. 904) the first twenty-nine chapters of “The Minister's Wooing" became public pro- perty, and we have only to consider whether a valid copyright exists in the remaining thirteen chapters. It is true that Mrs. Stowe, by taking out a copyright in her whole work in October, 1859, secured a valid copyright in these thirteen chapters. The question is, Has she not vitiated this copy- right by failing to insert the proper notice of her copyright in the November and December numbers of the Atlantic Monthly, in which this portion of her work was also pub- lished ? The magazine contained a notice that it was copyrighted by Ticknor & Fields, and it is maintained that this is not a compliance with the notice required by section 5 of the Act of February 3, 1831. The law seems to be settled that the name of the party taking out the copy- right must be inserted in the notice of every edition LITERARY, DRAMATIC, AND MUSICAL PROPERTY. M H E following case in the United States Circuit Court affecting copyright has been taken from the “Bulletin of the American Society of Authors." It is of interest to English authors as showing the nature of the pitfalls which beset the writer who endeavours to secure copyright in the United States of America, and the necessity for him and his publishers to comply with all prescribed conditions. The distinction between this case and the latter of the two which follow (also taken from the “Bulletin of the American Society of Authors ") is not quite obvious, but assuming Mifflin v. Dutton and the cases cited in it to be correct interpretations of the law, it is evident that in the United States author and publisher may have to pay an over- whelmingly heavy penalty for a technical mistake made, perhaps without any negligence, by one of them. In Mifflin e. Dutton, decided by the United States Circuit Court, D, Massachusetts, in March, 1901 (107 Fed. R. 708), it was held that a copyright of a book is invalid where the notice printed therein gives the name of the author as ## p. 17 (#393) ############################################# THE AUTHOR. 17 using its service in omitting the copyright notice were not binding upon it. Upon each of these contentions Judge Kohlsaat ruled in favour of the Daily Story Publishing Company. IV. published, and that the failure to do this vitiates the copy. right. A literal compliance with the statute may not be required, but the notice must contain the essentials of the name, claim of exclusive right, and the date when obtained. Under the authorities, I must hold that the insertion of the name “ Ticknor & Fields" in the copyright notice in the Atlantic Monthly for the months of November and December, 1859, was an insufficient notice of Mrs. Stowe's copyright, and invalidates her right to any copyright in that portion of her book. The contention of the complainants that Ticknor & Fields were the agents of Mrs. Stowe, and that the insertion in the notice of the name of an agent suffi. ciently satisfies the requirements of the statute, is clearly unsound (Thompson 7. Hubbard,1 131 U. S. 123, 149, 150; 9 Sup. Ct. 710 ; 33 L. Ed. 76 ; Lithographic Co. *. Sarony, 111 Ù. S. 53, 55 ; 4 Sup. Ct. 279 ; 28 L. Ed. 349 ; Osgood 7. Instrument Co., C.C., 83 Fed. 470 ; Id., C. C., 69 Fed. 291: Hoertel r. Tuck Sons Co., C. C., 94 Fed. 844 ; Higgins 1. Keuffel, C. C., 30 Fed. 627 ; Id., 140 U. S. 428 : 11 Sup. Ct. 731 ; 35 L. Ed. 470 ; Jackson r. Walkie, C. C., 29 Fed. 15). In “ The Professor at the Breakfast Table” the facts alleged in the bill are somewhat different, although the case is governed by the same principle. The last two parts of this work were published in the December number of the Atlantic Monthly for 1859, and a copyright was taken out by Ticknor & Fields in that number. In the latter part of that month Dr. Holmes entered his entire work for copy- right, and subsequently published it, inserting the following notice in his book : " Entered according to Act of Congress, in the year 1859. by Oliver Wendell Holmes, in the Clerk's office of the District Court of the District of Massachusetts,” A previous copyright having been obtained in the name of the publishers, Ticknor & Fields, the subsequent notice of copyright by Dr. Holmes in his book must be held insufficient under the cases above cited. II. In a trial before Judge Leaventritt last month, the term " book rights" was interpreted to mean the right to publish in book form only, thus excluding the right to dramatise or to publish as a serial. The action was between Doubleday, Page & Co., and L. C. Page & Co. Authors, as well as publishers, will be interested in this decision, which will undoubtedly receive the sanction of a higher court. International Literary Copyright: its Possibilities. By G Herbert Thrina (The Fortnightlu Berican May 1901). (From Le Droit d' Auteur, June 15, 1901, p. 72.) In the present defective condition of the English copyright law it is only natural to find in the English reviews for the most part merely more or less timid or elementary proposals in favour of a revision of the statutes. If perchance questions of an international nature do occur amongst these suggestions, they are discussed from a pre-eminently national point of view national point of view. Mr. Thring, the devoted Mr Thrinath secretary of the Society of Authors, has, therefore, given us an agreeable surprise by publishing his remarkable article on the question of a universal copyright protection. an article stamped with a cosmopolitan, and at the same time an essentially practical spirit. The subject is divided into two parts. The first briefly sketches the present situation-a pro- tection restricted in its extent and in its duration. The fact that legislation is not always drafted in favour of the author and against the public, but often in an in verse sense, is pointed out ; the attitude of the different countries towards the Berne Convention, which is at least a step in the direction of " world-wide copyright," is described ; and the arguments adduced against it by certain countries (by Austria-Hungary and the United States of America for example) in order to justify their isolated position are stated. The second part of the article is dedicated to the examination of the essential principles of a future uniform legislation, and of an ideal law that shall be universally accepted. This law would determine the following points : the persons to be protected; the works which are the subjects of protection ; the moment from which the term of protection shonld begin (we may here note that " publication” is to be universally understood in accordance with the declaration of May 4. 1896): the right of translation (to be completely assimi- lated to that of reproduction); the rights of performance and representation ; the protection of articles in newspapers and reviews : the duration of protection (the author's life and eighty years); 01 pro and the formalities. The definition of piracy and the penalties are left to local legislation. Respect- ing every one of the above questions Mr. Thring advocates the most liberal provisions, with the sole exception of the question of formalities. He III An interesting copyright suit has just been decided by Judge Kohlsaat in Chicago. The St. Louis Globe-Democrat bought two stories from the Daily Story Publishing Com. pany, agreeing to print the copyright notice with each story. The copyright notice was accidentally omitted from one of the stories, and that story was clipped by the American Press Association, and sent by it as plate matter to various papers. The Daily Story Publishing Company promptly made claim on all the papers using their copyright story without their permission, and began suit against the American Press Association. In order to bring the issue directly both parties agreed to a statement of facts, leaving the question as to whether the omission of the copy. right notice by the St. Louis Globe-Democrat gave the Son American Press Association the right to appropriate the story, and thus invalidate copyright protection to the Daily Story Publishing Company. The latter company contended that it had complied with all the requirements of the copy. right law ; that the newspapers using its service were not its agents, but its licensees, and that the acts of newspapers ## p. 18 (#394) ############################################# 18 THE AUTHOR. considers that registration is indispensable. But the general tendency of evolution is, on the con- trary, towards the suppression of all formalities, a system already adopted by the majority of unionist countries. Mr. Thring considers none of the difficulties which lie in the way of the elaboration of a “ Universal Copyright Law” insurmountable. The delegates of the unionist countries should, on the occasion of their next meeting, lay the foundation of this law. They should adopt the solutions of the various questions which are already matured, and set aside for future consideration the points respecting which agreement has not yet been reached. Their law would not be imposed upon the different nations, but would serve them for a model in their future enactments. Thus—and herein lies the originality of the suggestion—the preparatory labours of the International Literary and Artistic Association would be officially resumed at the next conference, which would in its turn draw up a typical law with a view to a universal legislative unification. LETTER FORWARDED WITH TERMS OF THE COMPETITION. September 2nd, 1901. DEAR SIR,—We venture to request your careful perusal of the enclosed conditions for the open competition for Tunes. The Committee will esteem it a great favour if you will kindly forward any original tunes of your composing for their examination and approval, on the conditions named, and will feel further obliged if you will make this competition widely known. We are, Dear Sir, Yours sincerely, Hon. SECS. V.-A Prize Competition. One prize of Ten Guineas is offered for the best original tune submitted in open competition, for insertion in the selection of Hymns and Tunes for Whitsuntide Demonstra- tions. The decision of the Committee will be final, and not to be questioned. The Committee will not be bound to award this prize in full, if they should consider that none of the tunes submitted reaches the required standard. In making the selection the Committee will have the assistance of a Mus. Doc. (Oxon.). The Committee will have the option of purchasing the sole copyright of any of the tunes submitted in addition to the prize tune, at prices to be fixed by the Committee ranging from 20s. to 58. each, but no original tune will be used that has not been made the exclusive property of this Union. As these tunes are for use at large open-air demonstra- tions of Sunday Scholars, it is very desirable that the melodies be within easy compass of juvenile voices, and they be bright, tuneful, and readily taken up by young people. Each competitor can forward not more than three tunes in all, set to any three hymns taken from the enclosed list. All compositions must be legibly written in ink, in Short Score Staff Notation, on one side of the paper only, each tune to be on a separate sheet, and numbered in accordance with the hymn chosen, Every tune to be original, and not to have been printed, multigraphed or sung in public previously. The name and address of the competitor to be written on a separate slip of paper and enclosed in a sealed envelope ; the music manuscript to be marked only by a motto or “ nom de plume," and corresponding number of the hymn. An entrance fee of one shilling will be charged. The results of the competition will be forwarded to every competitor as soon as the selection has been made, together with the manuscript copies. All compositions to be delivered not later than Saturday, October 12th, 1901, to the Honorary Secretary. The Society has from time to time called the notice of its members to prize competitions which have appeared in various papers, pointing out the methods employed for obtaining a large amount of “copy" at small cost, and the inadequacy of the terms offered to authors. The competition printed above is put forward for the benefit of its musical members. In the letter attached, the promoters “would feel obliged to anyone who would make the com- petition widely known.” We have much pleasure in making it known as widely as our circulation will admit, with the idea of dissuading musical composers from entering. The chief prize offered would be a low remunera- tion for a successful composition of this kind, vet if this were the only prize, and all rejected MSS. were returned to authors, then no complaint would have been raised, but note under clause three that the committee do not undertake to pay the full sum of £10 10s. if they do not think the tune submitted reaches the required standard, the committee's decision to be final. So much with regard to the tune that gets the first prize. With regard to other tunes the committee would purchase the whole copyright for sums varying from 58. to £1, and the committee impress upon competitors that they won't pay unless they can obtain exclusive property in the composition. It is possible, however, that many first-class tunes might be obtained at a ridiculously small figure, and those purchasing under the terms put forward would hold the sole right of publication and the performing rights of these tunes during the legal term of copyright. It is well known that a successful hymn tune is often a little gold mine to its composer, so that if the purchasers obtain even one tune of this standard they will pay them- selves exceedingly well, and will have benefited greatly by the liberal offer they have put forward. This, however, is not all. An entrance fee is charged of 1s. for each competitor. This entrance fee of 1s. will, no doubt, cover the postage expenses incurred in the circularising of the competition and the printing of the circulars. -- - - -- ## p. 19 (#395) ############################################# THE AUTHOR. 19 Those composers who chance to be members of from their point of view, is that it is impossible the Society must clearly consider all these points for them to put the amount of money and push before they think of throwing their work away on into a first book if they are not sure that they the chance of receiving a paltry 58. or 10s. are likely to get the second book of the author as well ; but the argument, though it sounds favour- able, does not work out at all in favour of the author on the lines laid down by the publisher. VI.—The German Copyright Law. Many are the accounts that have been before the We regret to see that considerable opposition Secretary of the Society from publishers who have in the summer was brought against the German made it a habit of inserting this clause in their copyright law by the leader of the Radical agreements, and the methods of dealing with the Party. It would hardly have been worth while first book have been clearly divulged. They have to mention this except that some of the reasons shown that, far from treating the first book favour- put forward for this antagonism are of a very ably in order to get a successful market for the extraordinary character. second, the publisher has never troubled himself to One of the questions was whether the term of go further than to get such a sale for the first book copyright should be increased from life and thirty as will pay him for the cost of production and give years to life and fifty years. The first argument him a fair 20 per cent. or so on his money, as he was the old cry that the lengthened term of copy- knows full well under any circumstances he is right was contrary to public policy. It is a curious bound to get the second book of the author on the thing when the public have possessed themselves same terms and can publish with the same success. unlawfully of other people's property for a Again, the publisher is much more likely to get the lengthened period, how difficult it is to make second book of the author if he treats the author them understand that they are doing wrong. It fairly with regard to the first issue, and there is took a long time to overthrow slavery, but relief therefore no need to bind the author by a hard came at last. and fast agreement. The publisher's theory is We did think that this argument had been beautiful on paper, but an explanation of the thrown aside as fallacious by all men of sense. facts shows that it is absolutely useless in practice. The second argument was that such a lengthened In nearly every case where this clause is inserted term of copyright would benefit the Wagner family, in the agreement the author has applied to the who, it was asserted, had been using every effort Secretary for advice as to whether it is possible to to get the law passed. Every law is passed with get clear from the arrangement that has been made, the idea of benefiting individuals as members of a for the reason quoted above, namely, that the pub- community, but it is impossible to see the logic of lisher has not put sufficient energy and labour into this gentleman's remarks against the clause merely circulating the first book. The Secretary has had because its benefits were of greater value to one with regret to explain that the application has been member than another. made too late. It would not matter how far an individual We can but repeat what has been often stated in member of the community had laboured to get The Author before : Never sign an agreement that the law passed if it was a benefit to the whole binds you for future work. community. It is to be hoped, however, that the time is not far distant when authors will have satisfactory control both as regards time and VIII.—German Copyright Legislation. country over the property which they have created after so much trouble and with so much skill. The Federal Council has sanctioned the new German copyright law and the new German law of contract. The new laws have been signed by VII.-An Objectionable Clause. His Majesty the Emperor, and will enter into force on the first of January, 1902. By the new copy- Among the many bad clauses occurring from right law the duration of protection has been time to time in publishers' agreements there is one extended from thirty to fifty years after the death to which the author should under no circumstances of the author. consent. The clause runs as follows :- “That the author agrees to give the publisher the refusal of his next books on similar terms to those contained in IX.-Hungary and the Berne Convention, the above agreement." The question of joining “The Berne Convention” We have discussed this clause with some is being seriously discussed in Hungary. The publishers, and their argument, specious enough Budapesti Hirlap, one of the Hungarian journals ## p. 20 (#396) ############################################# 20 THE AUTHOR. which circulates most widely amongst the intelli- gent classes, has recently published an article on the subject which deserves the attention of all thinking people. This article urges, amongst other reasons for vigorous international copyright, the following :-- When a country has attained a certain standard of intellectual cultivation it requires a vigorous international protection of literary copyright, not in the interests of its own authors and industries alone, but in the interests of its distinctive national derelopment. It is not because the works of Hungarian authors are little known outside the country that they are seldom translated. They remain unknown in consequence of the defective character of our international copyright relations. The short protection given by Hungarian legislation to the rights of translation results in this—the right lapses before it is acquired. In consequence when a translation of a Hungarian work is offered to a publisher, he has to run the risk of another translation appearing if the work proves at all popular. A protected translation might cost the pub- lisher a little more, but he would acquire a right that would make him contented to bring out a work with the prospect of the edition being exhausted in a few years. “ Distinctive national development” is a thing about which no man in Europe has more right to speak than the Magyar. It has been his watch- word for a thousand years, he has bled for it, and he has won it. By insisting on it he adduces the noblest plea for international copyright that exists. To natures too chilly to appreciate it, the second argument may appeal more strongly. It is one we have often urged. Anything that can serve to spread the influence of a distinctive literature, as that of modern Hungary is, is a benefit to humanity, and we hope that it may not be long before we have the pleasure of announcing that this great and enlightened nation has joined the Berne Convention. that a final decision has not yet been rendered on the question which in Mr. Kipling's view is the principal question at issue, and of the utmost importance to himself and to authors generally. That question, put succinctly, is as follows : Does the purchase of a copyright book in sheets by a publisher or bookseller entitle the purchaser to add to that book, without the author's consent, such additional copyrighted matter or illustrations as he may think of interest to the public at the time or of advantage to his own interests ? Messrs. Putnams' action in adding to “ The Seven Seas” two new copyright poems, one picture and an index, raises the above question. It is evident that the right claimed by them, if it be a right, might be exercised in a more extensive form. and that it is of the greatest moment to authors that the law on the subject shall be ascertained and defined. We abstain from further comment pending the decision of the American Courts, but the progress of the case will be watched with the greatest interest. THE CANADIAN AUTHORS' SOCIETY. KIPLING v. PUTNAMS. N the trial ofthis case the Court of first instance leaned to the view that some of the publishers who had been joined with the Putnams as defendants should have been joined as parties with the plaintiff. In consequence of this technical point, and in order not to try the action piecemeal, the case was taken from the jury. Mr. Kipling's position is that the rights involved, which he claims have been infringed, are his personal rights, which he has not transferred to any of his publishers, and in which none of his publishers have any legal interest. An appeal has been taken and the point will be argued in due time before the proper Court of Appeals. With regard to the foregoing announcement, it will be observed that the case is still pending, and M HE following interesting notes have been sent 1 from the Canadian Society of Authors. We congratulate the new Society on its growing importance. There is no doubt that Canadian authorship wants as much protection as authorship in any other country. Founded on a sound basis this Society ought, in time, to have a large and increasing influence. “ At the annual meeting held in Toronto on January 23rd, the following officers were elected for the year : Hon. President: Goldwin Smith, D.C.L. President : Hon. G. W. Ross, M.P.P. Vice-Presidents : G. R. Parkin, C.M.G., LL.D., Louis Frechette, C.M.G., LL.D., F. Blake Crofton. Secretary: Pelham Edgar, Ph.D. Treasurer : J. A. Cooper, B.A. Executive Committee : B. E. Walker, James Bain, jun., 0. C. Howland, Fraser Lefroy, Bernard McEvoy, Casteli Hopkins, and the officers. “The Society has largely increased in member- ship, and its meetings and receptions have been interesting and successful in every way. On June 6th the President of the Society, the Hon. G. W. Ross, the Premier of Ontario, and Mrs. Ross gave a reception in the Speaker's Chambers in honour of Dr. Louis Frechette, C.M.G., the ## p. 21 (#397) ############################################# THE AUTHOR. 21 distinguished poet of the Province of Quebec. The affair was most enjoyable. and not without importance as accentuating the increasingly cordial relations between the two races in Canada." THE PUBLICATION OF EDUCATIONAL BOOKS. I.-A Warning. M HE statement has often been made by well- I known publishers, whose names it is not necessary to mention, that in the publica- tion of fiction the works that pay turn out on an average to be in the proportion of one in ten. The statement appears to be extraordinary when the number of volumes of fiction brought before the public is taken into consideration. If the assertion is correct the fair deduction to make is that either the mass of publishing houses must, almost of necessity, be on the verge of bankruptcy, or the profits on the tenth book must be enormous. Yet what is the case ? There are many large and wealthy publishing wealthy pubnishing houses whose partners or managers not only maintain great offices and large staffs, but very frequently have not only a town house but a house in the country as well. Again, the number of publishers is constantly increasing. If the business was a bad one, business men would not go in for it. The merest tyro in the doctrines of political economy must therefore conclude that, not only is the publishing business a good one, but that it pays very satisfactorily. Is this the result of the profit on the tenth novel ? An answer has been put forward to explain the statement we have referred to quite independently of the above deductions. This answer is that many of the book publishing houses only exist by reason of the profits they make out of their educational and technical publications. This opens up a subject in which the Society of Authors has long been interested, and makes it necessary to bring before the writers of educational works generally the miserable market value that they are receiving for what is an exceedingly valuable article. If the statement with regard to educational works is correct it must mean that the author is not getting a fair price for his work. The report of the sub-committee on educational books which was issued by the Society of Authors goes very strongly to prove this. The report makes the following statement : There is no literary property more valuable than a successful class-book. The yearly consumption of such books in elementary schools may be reckoned by the hundred thousand, and even in secondary schools a class- book of repute has a sale of from five to ten thousand copies a year. Hitherto the educational writer has, as a rule, been either a schoolmaster who regards what he makes by the pen as an unexpected bonus in addition to his regular salary, or else a distinguished specialist who, at the request of a publisher, writes a primer of history or geography in his leisure hours, and is content for a mere nominal sum to dispose of a valu- able property because it has cost him little time and trouble to create it. It may be argued that by so doing the scholar only wrongs himself, and that not only the publisher, but the general public, benefits by his careless generosity; as a matter of fact, it is only the publisher who gains. The published price of the book is not appreciably, if at all, affected by the consideration the consideration whether the author has been paid £10 or .£1,000 for the copyright; but the terms that a publisher is willing to give are determined by what the leading authori- ties are willing to take. In this way the market price is lowered, and the output of educational literature is stopped. It ceases to be a paying profession. In all branches of literature the professional author must expect to be under-bid by the amateur, but the conditions under which educational works appear are in some respects peculiar. Very often the inducement to write is the need that the author has felt for a certain manual or class book in his own teaching, and if he can find a publisher who will pro- duce the book he needs, and relieve him of all risk, he is indifferent to any profit. Let us urge upon all persons connected with educational literature to take over into their own hands the manage- ment, in part at least, of their own books. Then follows a brief statement of some of the cases brought to the Society's notice, which prove conclusively that the price paid for educational works is far below their market value. No doubt the publisher would say, “ We are bound to strike an average ; if we lose on fiction we must gain on technical works.” But this point cannot possibly be maintained by the author or any society that represents his profession. From the author's point of•view each book must stand or fall upon its merits, and it is unfair to cut down A. in price because B. is unsuccessful. It is necessary, therefore, after looking into the whole question, once again to place before the public the position of educational books and the value of educational property. It must not, however, for a moment be allowed that the statement with which this article opens is a true statement. It is not correct that nine works of fiction out of every ten published do not pay. The numerous accounts which come before the Secretary of the Society of Authors conclusively show that this is not the case. It is true that in some cases the profits are not so large as perhaps the publisher might wish. If, however, he makes a fair interest on the money expended and secures the return of his capital, he surely has done well. It is clear from many accounts that a publisher will make 5 per cent. and get the return of his capital in three months. If he can turn the same amount over twice again in the same year he will ## p. 22 (#398) ############################################# 22 THE AUTHOR. have made 15 per cent. profit. This profit should satisfy any sound tradesman. To sum up, then, it is not true that nine books of fiction out of ten do not show a profit, otherwise the publishing business woulil cease to exist. It is not true that publishers are content to lose on fiction, but make their profit out of educational works, as many publishers do not publish educational works at all. Finally, let the Society once more impress upon its members, as well as upon those who do not belong to it, that the profit on educational books is undoubtedly very great, and that authors of such works should be very careful how they handle their property. II.-An Illustration. [Reprinted by kind permission of the Author from the Westminster Gazette of September 10th.] The information about literary earnings given from time to time to the public commonly concerns the two extremes the highly successful history, novel, or school-book, and the meritorious poem, treatise, or translation which costs its author time and trouble beyond count, and brings him in nothing or next to nothing by way of return. Everyone knows about the thousands of pounds which George Eliot received for her tales, the £20,000 which Longmans paid to Macaulay for the first edition of his History, and the fortunes which Pope in the eighteenth century and Tennyson in the nineteenth, alone among poets, built up by verse. But little is known about the earnings of the average author-i.e., of more than 90 per cent. of the men and women who make some profit by writing. Dr. Dabbs has lately given some figures which show the yearly average earned by a novelist of the second rank. This worked out at £133. His comment was that Holme Lee (the nom de plume under which the novelist worked) did well to have another occupation. My own experience is not dissimilar ; my annual earnings have been just a little larger, and I have made the greater part of my income by other occupations. ' I began first forty years ago with a school-book, the idea of which was suggested to me by my own work. I was then a master in a public school. It is now practically out of print. I find that I have received from it £82 138. During the next sixteen years I published eight other school-books, five of which still sell. The most profitable has produced £216 78. ld. This is a book of elementary exercises, and certainly cost me less pains than anything else that I have done. The more elementary the book the greater the return. An edition of an English classic on which I bestowed ten times as much labour brought me in about a twentieth part of the remuneration. My eight school-books have produced a total of about £670. Not less than a quarter of a million have been sold ; but then the price was very low (I take no account of some other books of the same class which I put together, either alone or in collaboration, at a fixed price). My chief work in this direction, however, has been the translation in collaboration with a relative) of the whole of Tacitus and of five books of Livy. These occupied a large part of such leisure as I had during the years 1860- 1875—I might date the beginning even earlier, for I began to work at the Tacitus early in the fifties. My receipts under this heading have been about £280 (representing, it must be remembered, half the Author's profits). It is a striking instance of the advantage of retaining, if possible, an interest in literary work that I sold my share in the translation of the Histories of Tacitus for £18, while the Annals, for which I still receive a royalty, have brought me in £212 ls. ld. This figure should be reduced to £170, as the latter book was published at a higher price, but even then the contrast is remarkable. My half share in the translation of Livy has amounted to £3158. ld. The labour on this has certainly been ill-paid. The publishers, too, cannot have found it a remunerative enterprise, ils the balance was against the book for at least ten years. I have written twenty-nine volumes which may be generally described as " Books for the Young." Among them are adaptations from the classics, sketches of Greek and Roman personages, stories of classical and mediæval times, etc. For these I have received between four and five thousand pounds. The most lucrative has been the first published," Stories from Homer," the total for which is, up to the present date, £741 12s. I may remark that the royalties on these books are necessarily small, the cost of production being largely increased by the illustrations. I receive for a book published at five shillings serenpence farthing, and for one published at three shillings and sixpence fourpence three farthings. The amount of copies sold I cannot give accurately, two of the books having been sold outright; but I may say that of the most popular about 25,000 have been sold. I will not weary my readers with further details about my books, but will give at once the total figures. The volumes which I have written alone, or in collaboration, amount to sixty-two (of which about 800,000 have been sold), and the whole amount received for them may be stated approximately at £6,650. Dividing this sum by forty-the years during which I have been at work-I arrive at an average of £166. This is not an imposing figure-it has seemed incredibly small to more than one collector of taxes, but then these gentlemen take optimistic views about the incomes of other people. It certainly goes to prove the truth of the remark that literature by itself is but a poor occupation. literature by itself is If I had given my whole time to it, the pecuniary results would have been somewhat, but not proportionately, larger. An author must limit his output. As it is, my sixty-odd volumes may seem to some-and they sometimes seem to myself-preposterously numerous. It is only fair to say that I make no complaint against publishers. I have had dealings with several houses. I have commonly met with fair and sometimes with generous treatment. But I cannot help wishing that American copyright had been given earlier in my literary career. In the pre-copy- right days I received but one spontaneous acknowledgment from an American publisher. This was of £10 : the book has produced in England more than £500. Another firm, on my application, sent me £100; this was for ten volumes, the "Homer" being one of them. I find that books of this kind have a larger sale in the States than they command here. I may mention that I did a fairly profitable piece of work by writing a classical story for one of the American Reading Unions. The number of readers is certainly larger there than it is here; but the machinery of distribution is apparently very costly, and the number of “Press copies" many times greater than that usual here. The establish- ment of copyright seems to have raised the level of publish- ing morals. Property in books is regarded even when they are not protected. It would not however, I imagine, be safe for a really popular author to trust to this feeling. I may mention that I have never received a farthing from any one of the Colonies. ALFRED J. CHURCH, ## p. 23 (#399) ############################################# THE AUTHOR. 23 Major-Gebeted by Ernest Radford. one hundred Scribemann in Englandshed this month bapan," BOOK AND PLAY TALK. Mr. Birrell has also contributed an introduction to “ Boswell's Life of Johnson," in six volumes, MONG the important books to be published which Archibald Constable & Co. publish this this autumn is “All the Russias,” by Mr. autumn. It will be illustrated with one hundred Henry Norman, M.P., author of “ People portraits selected by Ernest Radford. and Politics of the Far East,” “ The Real Japan,” Major-General Sir Reginald Clare Hart, K.C.B., &c. It will be published this month by Mr. V.C., &c., is bringing out immediately a sixth Heinemann in England, and by Messrs. Charles edition of his book,“ Sanitation and Health.” A Scribner's Sons, in New York. third edition of his “ Reflections on the Art of “ All the Russias” will contain travel-sketches War” will also appear. To the latter has been and studies of contemporary conditions and pros- added a chapter on “ Mountain Warfare." pects in European Russia, Finland, Siberia, the Last month Mr. Grant Richards published Caucasus and Central Asia. The volume will be « The Soverane Herbe : A History of Tobacco," lavishly illustrated, chiefly from the author's by W. A. Penn. This book is the first attempt own photographs, and will contain several maps since 1859 to adequately chronicle the develop- specially drawn to illustrate railway and national ment of smoking. The manufacture of tobacco, development.. cigars, cigarettes, pipes, the literature of tobacco, Mr. Norman has visited Russia four times tobacco and genius, the hygiene of tobacco, and during the last two years, to collect his material ; many other similar matters are dealt with. during one visit he travelled more than 20,000 On October 2nd « How to Study English miles. He had previously visited Eastern Siberia Literature Literature ” will appear. It is a new volume of while travelling in the Far East. He was afforded the “How To" series. The author, Mr. T. every assistance by the highest Russian authorities, Sharper Knowlson, begins by pointing out the extending to such courtesies as a special train, difference between reading and study; then he and on another occasion to a personal escort of discusses definitions of literature, the elements of Cossacks. Mr. Norman paid special attention to the various literary forms, standards of criticism, such important questions of the day as the com- examinations, and so on. A number of fine passages mercial and industrial development of Russia, her in prose and poetry is given in an appendix. financial situation, and the employment of foreign These passages are selected by eminent authors These vas capital in Russian enterprises. and critics. The book is addressed rather to the Miss Norma Lorimer, authoress of “A Sweet home student than to the scholar. Disorder,” “Mirry Ann,” and “ Josiah's Wife,” “How to Write an Essay ” was the previous has now written à travel book entitled “ By the volume of this series. It appeared last month. Waters of Sicily." She spent three winters in Sicily gathering the impressions and information The book teaches literary inethod and sequence in essay writing, and though intended chiefly for which make this rolume. There is a love-story beginners, will not be without service to the running through it, and it has a coloured frontis- piece and sixteen full-page illustrations. It is to experienced hand. be published almost immediately by Messrs. “ The Student's Manual of English Literature,” Hutchinson & Co. being a history of English Literature and the chief Early this month Messrs. Chapman and Hall will English writers, founded upon the Manual of publish a new book by Mr. Henry Charles Moore Thomas B. Shaw, by A. Hamilton Thompson, named “Omnibuses and Cabs." It is a history of B.A., has just been published by Mr. John Murray. omnibuses, hackney-coaches and cabs from their Dr. Richard Garnett, C.B. and Mr. Edmund introduction into England to the present day. Gosse are publishing “An Illustrated History of Mr. Moore has had access to the private records of English Literature," which appeals to student and many old-established omnibus and cab proprietors. general reader alike. This book, which will be the first devoted entirely On the 17th of last month Dr. Garnett unveiled to omnibuses and cabs which has ever been issued, the London Millenary Tablet to Alfred the Great, will be amply illustrated by reproductions of rare the kingly founder of our Anglo-Saxon prose, of old engravings, prints and photographs. whom Mr. Frederic Harrison has said : Mr. Augustine Birrell will publish during the “ He laid the very foundations of our literature, the most coming season a new volume of essays, uniform noble literature the world has ever seen. He collected with the first edition of “ Obiter Dicta.” It will and preserved the poetry based on the traditions and contain, among others, articles on “ John Wesley,” legends brought from the German forests. ... He made bis children learn their songs; he had them sung in his “ The Ideal University,” and “ The Reformation.” Court. The tradition goes that he could himself sing them Mr. Elliot Stock will be the publisher. to the music of his own harp. This wild and spontaneous ## p. 24 (#400) ############################################# 24 THE AUTHOR. poetry which Alfred preserved is the beginning of our own noble choir of poets. In other words, the foundation of that stately Palace of Literature built up by our poets and writers for the admiration and instruction and consolation of mankind was laid by Alfred. Well, but he did more than collect the poetry : he began the prose. Before Alfred there was no Anglo-Saxon prose.” The tablet has been presented to the Sir Henry Tate Public Library at Brixton by Mr. R. C. Jackson, a well-known local antiquarian. It is dedicated to the memory of Queen Victoria. The of bronze on an alabaster slab. The head of Alfred is carved on it, and underneath are the words : “Alfred the Great, born 849, died 901.” A further inscription reads : “I desire to live worthily all my days, that after death I might leave to my successors a memory of good works done." The fifth edition of the Poet Laureate's Drama, “ England's Darling," is now issued by Messrs. Macmillan with the new title, “ Alfred the Great," for the Millenary Anniversary of Alfred's death. Then Mr. Edmund L. Hill has given us his “ Alfred the Great." a Drama in three acts ; and the Rey. Stopford Brooke contributes a little book on “ King Alfred,” as educator of his people and man of letters. Besides these contributions to King Alfred literature, there is the popular “ Story of King Alfred," written by Sir Walter Besant for George Newnes' Library of Useful Stories (1s.). This successful little volume was a veritable labour of love ; it is a life of the greatest of all Englishmen, written for all classes of the English people. In his introduction the author says : "I desire to write such a history of the great King as shall be accessible and instructive to the great body-every year growing greater-of those who read books and wish to be acquainted with the national history. I shall endeavour not to exaggerate the achievements of the King —they want no exaggeration ; or to overstate the obligations which the posterity of Alfred owe to his memory—they can hardly be over-stated. The plain and unvarnished story should be sufficient. I would rather write a book for the people than anything else that the world can offer." A new version of Asser's “Life of King Alfred” is being issued at once by the Oxford University Press. It is edited from the MS. by M. W. A. Stevenson of Exeter College. He also contributes an introduction and commentary. “The Annals of St. Neot,” which have been wrongly ascribed to Asser, will be included in this volume. The name of Alfred's country has been revived by a Wessex man, Thomas Hardy, and now Mr. John Lane is publishing Professor Windle's book dealing with “ The Wessex of Thomas Hardy." Professor Windle loves Mr. Hardy's Wessex, and has been exploring it for years. Mr. E. H. New illustrates it, and it is dedicated to "to the onlie Begetter of this Wessex.” Mr. Hardy has given the writer valuable assistance, which is duly acknowledged. The Rev. Thomas Davidson, M.A., the editor of Chambers' English Dictionary, has now finished his work on Chambers' Twentieth Century Dic- tionary of the English language. It contains over a hundred thousand references, and all the most recent words entitled to a place in a dictionary of the English language. An important new work is being published by Messrs. Cassell & Co. It is called “ London Afternoons,” being chapters on the social life, architecture, and records of the great city and its neighbourhood. There are sixty full-page illustrations. The author is the Rev. W. J. Loftie, B.A., F.S.A., author of “In and out of London," " A History of London,” &c. Mr. Loftie is a recognised authority on the subject. There are descriptions of London at various periods, and of visits to interesting places—the scenes of great events or famous for sylvan beauty in its environs. The illustrations are selected from drawings, old prints, and modern photographs. Messrs. Chatto and Windus have published a cheaper edition of Sir Walter Besant's very successful “ South London.” This popular edition, with an etching by F. S. Walker and 110 illustrations, costs 78. 6d. Mr. M. H. Spielmann, editor of “The Magazine of Art," and author of “ The History of Punch," &c., has produced a book entitled “ British Sculpture and Sculptors of To-day.” This volume consists of 176 large 4to pages, and there are some 200 illustrations, representing most of the Pancipal principal works of living artists in all the branches of sculpture. About sixty sculptors will be represented. Messrs. Cassell & Co. are the In “ The Magazine of Art ” yearly volume, published by the same firm, Mr. Spielmann has written two special articles, viz. : “Gems of the Wallace Collection” and “Her Majesty Queen Victoria and the Fine Arts.” A number of arnorts have not winter too hool- on“ Dangerous Trades," to be published very shortly by Mr. John Murray. It is edited by Dr. T. Oliver, M.A., M.D., F.R.C.P., and deals with the historical, social, and legal aspects of industrial occupations as affecting public health. Among the contributors are: Miss Anderson, H.M. Principal Lady Inspector of Factories ; Mr. and Mrs. H. J. Tennant; Miss M. McMillan ; Dr. T. Oliver; Mr. H. J. Wilson, H.M. Inspector of Factories ; Dr. Haldane; Commander Hamilton ## p. 25 (#401) ############################################# THE AUTHOR. 25 Smith, R.N.; Dr. Whitelegge, H.M. Chief Iu- spector of Factories, Home Office ; Miss Deane, Miss Paterson, and Miss Rose Squire, H.M. Inspectors of Factories. Mrs. Humphry Ward has contributed a pre- face to “ The Case for the Factory Acts,” which is edited by Mrs. Sydney Webb. Mr. Grant Richards is the publisher. Mr. John Murray is publishing “A General History of Europe, 350-1900," by Oliver J. Thatcher and Ferdinand Schwill. It has been revised and adapted to the requirements of English colleges and schools by Arthur Hassall, M.A., Christ Church, Oxford. There are biographies at the end of each section. These and the maps are special features of the book. Mr. Gilbert Parker's new novel is called “ The Right of Way.” It deals with a marriage problem, Mr. Heinemann is the publisher. “The Giant's Gate," just issued by Messrs. Cassell & Co., is Mr. Max Pemberton's longest novel. It is the story of a French soldier who made himself so popular in Paris that the French people wished to make him Emperor. The author gives us pictures of storm and calm, of barrack and palace, of the haunts of the Anarchists and of those who are conspiring against the Republic. Some of the scenes are laid in England, some by the Riviera ; but the most thrilling scenes of action take place in Paris. Mr. Pemberton has been able to study many little-known phases of life in modern Paris. Miss Rosa N. Carey's new novel, “ Herb of Rosa. N. Carey's new, novel; “ Herb of Grace," just issued by Messrs. Macmillan, concerns the fortunes of a certain Malcolm Herrick and a much younger friend, Cedric Templeton, to whom he acts as a good Providence, rescuing him from an entanglement of gaming debts, and also from an undesirable engagement. In the end, after many disappointments, Herrick is rewarded with the affections of Cedric's sister. There are many characters in this novel who play small but necessary parts and help to maintain the interest. · Miss Helen M. Burnside has compiled a “ Birth- day Book” from the works of Miss Rosa Nouchette Carey, with original introductory verses. The volume will be out shortly, and the publishers are Messrs. S. H. Bousfield & Co. Messrs. Macmillan have taken over from other publishers those stories not already in their lists, and are now issuing “ The Light of Scarthey,” previously published by Messrs. Harper. “ Con. sequences" and "The Pride of Jennico ” are at the same time issued in a binding uniform with it, and at the same price—3s. 6d. In that popular romance, “The Light of Scar- they,” the author tells how the story came to be written ; he also answers some questions certain readers might ask, he replies to some of his critics, and he speaks boldly in honour of Fiction. A novel by Geraldine Kemp, entitled “ Ingram," will be published shortly by Messrs. Chapman and Hall. The same firm have just published the novels of Samuel Richardson in twenty small crown 850 volumes, 28. 6d. net. There are seventy-eight illustrations, reproduced from the engravings of Thomas Stothard and E. F. Burney, and a portrait of Richardson. A year or two ago Mr. Rider Haggard published his novel “ Dr. Therne,” in which he advocates vaccination. We are now to have a reply to it entitled “Lord Dorchester : or the End of Dr. Therne.” The author is Lieut.-General Arthur Phelps, President of the Anti-Vaccination Society. Mr. A. W. Marchmont's new novel, “ For Love or Crown," runs on the same lines as his successful “By Right of Sword.” Mr. Hamilton Aidé has just published his new novel, “ The Snares of the World," through Mr. John Murray. The heroine is an Irish girl who, after trials and various experiences, happily marries the right man. Messrs. Nisbet have brought out a book which contains new information about the childhood of Queen Victoria. Mrs. Gerald Gurney is the authoress of it. She is the grand-daughter of Bishop Blomfield, one of the Queen's early advisers. Mrs. Ġurney has been able to make use of letters and papers written by the Duchess of Kent and various friends of that period. These have to do with the education and training of the Queen. The King has sanctioned their publication. The third and concluding volume of the supple- ment to the “ Dictionary of National Biography," which will be published very shortly, will contain a memoir of Queen Victoria. Mr. Hall Caine has revised the MS. of Mr. Fred Kenyon's monograph, “ Hall Caine, the Man and the Novelist,” which forms the next volume in series. Letters by Gladstone, Ruskin, and other famous men will be found in this little volume, together with some hitherto unpublished remin- iscences of Mr. Hall Caine which were compiled by the Rev. W. Pierce. Messrs. Fisher Unwin are the publishers of Mrs. Archibald Little's new book on China. Among other points she aims at making the Boxer movement clearly understood by the ordinary English reader. ## p. 26 (#402) ############################################# 26 THE AUTHOR. “ Andrey," by Miss Mary Johnston, the authoress Russians well. For five years he was a University of “ The Old Dominion,” and “ By Order of the Professor, and much of his life has been spent Company,” is announced for publication early next in Russia. Dr. Dillon can speak with authority year by Miss Johnston's publishers, Messrs. Archi- regarding Tolstoy, for his personal knowledge of the bald Constable & Co. Her two previous books great writer extends over a number of years. Messrs. have already reached a sale of over 426,000 copies Hodder and Stoughton are to be the publishers. in England and America. “ Letters on Life,” by Claudius Clear, will also The same firm have arranged to issue, in fifteen be published this autumn. volumes, a pocket edition of Mr. George Meredith's “ Tom Genuflex ; or, Life's Little Day,” is the novels. The books will be bound in red cloth, and title of a new novel by the lady who writes under the author's autograph will be the only ornament. the nom de guerre of “ Aunt Cherry.” The book They will be printed on paper specially manufac- is published by the authoress, and copies can be tured for this edition, and the text will be that of the finally revised édition de luxe. There will be obtained from her at Llwyn-y-brain, Whitland, South Wales. two prices—2s. 6d, net, or 3s. 6d. net per volume, bound in full leather. The King and Queen have accepted copies of Messrs. Archibald Constable & Co. will also Mrs. Aylmer Gowing's lines on “ Victoria Day" ; publish the Works of Tobias Smollett, in twelve also of her last novel, “ A Spider's Web.” A sixpenny volumes, deniy 8vo, 78. 6d. net each volume. edition of this work appeared in August, published Mr. W. E. Henley contributes an introduction, by T. Burleigh. and there will be photogravure frontispieces. The Mrs. Ernest Ames's new book for children is works will be sold in sets only. called “ The Bedtime Book," and, like last year's The works of William Hazlitt are to be added “ Tremendous Twins," will contain twenty-four full-page pictures in colours. Mr. Grant Richards to Mr. Grant Richards' “ World's Classics.” A start is to be made immediately with “ Table is the publisher. Talk; Essays on Men and Manners.” In the In October Messrs. Jarrold will publish a new same series will appear immediately “The Vicar story, “Worth the Struggle," by Miss Montgomery of Wakefield.” Both books, as with previous Campbell, whose last year's book, “ Not Wise but volumes of the series, will appear in cloth and Fond,” is to appear shortly in its third edition. It leather bindings. has met with quite exceptional success for parish libraries. Mr. E. W. Hornung has written a new book, which he has called “The Black Mask," wherein “A Mackenzie Bell Treasury” is the title of a he relates further episodes in the career of those small pretty paper-covered volume, price 3d., pub- amiable scoundrels “ Bunny” and “Raffles," lished in London by Thomas Burleigh. The poems familiar to readers of “ The Amateur Cracks are selected by Albert Broadbent, who publishes man.” In “ The Black Mask” the amateurs have them in Manchester. become professionals. Mr. Grant Richards is to Among the best selling fiction lately published publish it shortly. are “ The Eternal City," by Mr. Haīl Caine ; On October 4th Messrs. Nisbet & Co. will “Tristram of Blent," by Anthony Hope; “The publish “ The Dolly Dialogues,” by Anthony Hope. Lady of Lynn," by Sir Walter Besant ; “ Love There will be four new dialogues, and there will and His Mask," by Ménie Muriel Dowie (Mrs. be illustrations by Howard Chandler Christy. The Henry Norman); and “The Serious Wooing,” by price is 68., but there will be a special Presentation John Oliver Hobbes. Edition at 10s. 6d. Among this season's books will be “Three Mrs. Alec Tweedie's new book, “Mexico as I saw Stories and a Play,” by John Oliver Hobbes, also it,” is to appear almost immediately. There are over the new Haymarket play by the same author. one hundred illustrations, taken on the spot, and the Messrs. Hutchinson are about to publish a book writer has also contributed water-colour sketches of travels by the late Sir Richard Burton, K.C.M.G. Mrs. Tweedie was present at the latest Aztec excava- Mr. W. H. Wilkins has edited it, and has also con- tions, which are the richest finds yet made in tributed a Preface and Notes. This book covers Mexico. There is a special chapter on mining the period from 1853 to 1870, the most active and trade, as well as a map. Messrs. Hurst and years of Burton's active life ; they began with the Blackett are the publishers here, and Macmillan Pilgrimage to Mecca and ended with his recall to in America. Damascus. The editor has allowed Burton to give Mr. Heinemann will publish a "Life of Tolstoy," in his own words an epitome of his principal travels by Dr. E. J. Dillon, who knows Russia and the during the period mentioned. Certain local and ## p. 27 (#403) ############################################# THE AUTHOR. 27 topical allusions have been deleted, and where the one which Madame Bernhardt will perform. notes were too sketchy they have been amplified; Monsieur Schwob, who made the prose translation of otherwise they are reproduced exactly as they left “Hamlet,” has not collaborated with Mr. Crawford. the author's hands. His version is simply an accurate translation of Messrs. Hutchinson are also publishing “In an Mr. Crawford's English drama. unknown Prison Land,” by George Griffith, author Mr. Crawford has drawn his play from the true of " The Angel and the Revolution,” “The Out- story of Francesca da Rimini, and not from the laws of the Air," &c. This prison land is New current legends. He has strong evidence to show Caledonia, and in it Mr. Griffith gives an account that he has found the actual room in which of his voyage to the penal settlement, and what he Francesca was murdered, in the castle near Rimini. saw of the life there during his stay in an official capacity for a large corporation. There are to be A five-act tragedy, “Francesca da Rimini,” thirty-two illustrations. has just been completed by Signor Gabriele D'Annunzio, and Madame Eleonora Duse will play Mr. Frankfort Moore's new novel is entitled the leading rôle. Rehearsals are to begin at “A Nest of Linnets.” Most of the action of the Florence on October 15th. Each act of the tragedy story takes place in Bath and the neighbourhood. is divided into five scenes ; there are fifty dramatis Sheridan's love story forms the central interest, persona. An overture precedes the first act, and and such well-known characters as Dr. Johnson, each act has a musical prelude. Horace Walpole, the Duchess of Devonshire, David Garrick, Mr. Boswell and Mrs. Thrale are intro- Mr. Edward Rose's adaptation of Mr. Stanley duced by the author, whose “ Jessamy Bride " told Weyman's “ Under the Red Robe” will very the love story of Oliver Goldsmith. shortly be revived by Mr. Herbert Waring at the “Nine Unlikely Tales" is the name of Mrs. E. Imperial Theatre. Nesbit's new book for children, published by Mr. Mr. Hall Caine's drama, founded on his novel T. Fisher Unwin. There are a number of black “The Eternal City,” has already been produced, and white illustrations by H. R. Millar. Mrs. E. under the author's direction, at the Gaiety Theatre, Nesbit is known as the authoress of “ The Treasure Isle of Man. Seekers,” a children's book, illustrated by Gordon Mr. J. M. Barrie's new play, “Quality Street,” is Brown and Lewis Baumer ; and of “ The Would-be to be produced in America by Miss Maud Adams, Goods,” a sequel to “ The Treasure Seekers.” Mr. while another American actress, Miss Blanche Fisher Unwin is the publisher of both. Walsh, is to appear in a dramatic version of Mr. The authorised biography of Robert Louis S. R. Crockett's “ Joan of the Sword Hand.” Miss Stevenson by his cousin, Mr. Grahain Balfour, Walsh now has her much-desired chance of playing will be published immediately by Messrs. Methuen. a male part. Readers will remember that in the It will be in two volumes, and will be uniform with novel, Duchess Joan of Hobenstein, in order to the Edinburgh edition. see the man to whom she is betrothed as other Messrs. Pearson are publishing an authorised men see him, goes to his principality in male biography of Miss Ellen Terry and her sisters. attire. Mr. T. Edgar Pemberton is the writer, and both “Ben Hur,” which is to be produced at Drury Miss Ellen Terry and Sir Henry Irving have given Lane next Easter by Messrs. Klau and Erlanger, him assistance. It is illustrated. began its third American year at the Illinois Mrs. W. K. Clifford, who lately published a new Theatre, Chicago, last month. novel, “A Woman Alone,” through Messrs. General Lew Wallace, the author of this well- Methuen, has a play in last month's “Fortnightly." known book, was asked not long ago for permission It is called “ A Long Duel : A Serious Comedy." to translate it into Arabic. There is an Arabic There are four acts, and the scene is laid in France. translation already in existence, made by Dr. Van It is founded on a short story of Mrs. Clifford's, Dyck, the oldest Protestant missionary at Beirut, written in 1891. Syria. Bedouins play a prominent part in the Madame Sarah Bernhardt has signed a contract story. to produce at her theatre in Paris a drama written Mr. H. V. Esmond's new play " When we were by Mr. Marion Crawford. The subject is “Francesca Twenty-one,” which has had a successful career in da Rimini.” Mr. Crawford wrote the play in English, the United States, was produced last month, for but made a rough French translation, which he the first time, at the Comedy Theatre, and seems read to Madame Bernhardt when she was in London in for a long run. Mr. Esmond's play “ The Wil- this summer. Since then it has been arranged derness," produced by Mr. Alexander last season, that Monsieur Marcel Schwob's version will be the was an undoubted success. ## p. 28 (#404) ############################################# 28 THE AUTHOR. Judging from Dr. Georg Brandes' report, there IS IT FAIR JOURNALISM ? seems no doubt that Dr. Hendrik Ibsen is dying. Writing from Christiania Dr. Brandes says :- To the Editor of THE AUTHOR. "Nothing can be compared with the intense interest SIR,—Here is a choice specimen of what I take everybody takes in Ibsen's condition. Three physicians to be quite a unique violation of accepted journalistic are attending him, the State bearing all expenses. Nearly all day he rests in bed or on a lounge, being unable to Letters of mine addressed to the Editor appear- move his legs. He has become irritable beyond conception. He is quarrelsome, and finds fault with everything and ing in a well-known suburban newspaper are often everybody; but his mind is not affected. It is just as clear calmly appropriated the following week by another and sharp as it used to be, and he works almost daily for organ serving the same district. No acknowledg. two hours. He is writing the “Apologia’ of his life. ment of their source is ever given. I may add that Whether this will be a drama or an essay no one knows, and he himself will not tell. With characteristic stubborn. the same paper recently reproduced oneof my articles ness he refuses the aid of an amanuensis, and writes every in the same cool fashion. Perhaps some fellow- word himself.” scribblers may have been similarly treated and would “ The Calling of the Weir" is the title of a favour us with a record of their experiences, with novel, by the Rev. Frederick Langbridge, which mode of remonstrance ? OLD BIRD. Messrs. Digby, Long & Co. will publish in October. AUTHORS' CLUB, S.W., September 17th, 1901. Mr. Martin Harvey will produce at Dublin, on the 7th October, a drama dealing with the story of Eugene Aram, by Messrs. Freeman Wills and Frederick Langbridge. The authors, while follow- SIR,—Complaints are inade by your corre- ing roughly the sequence of Lord Lytton's novel, spondents from time to time of defacement of their have deepened the spiritual side of the interest and have trusted entirely to their own dialogue. MSS. by editors and publishers' readers—certainly a very irritating practice, and one that entitles The title of the play is “ After All.” the owner of the Ms. to our hearty sympathy. “ Iris," Mr. Pinero's remarkable new play, was At the same time, may I inquire whether these produced at the Garrick Theatre on the evening things are done by really good houses ? I am of September 21st. It was received with great afraid to say how many times my last MS. novel enthusiasm. Miss Fay Davis played the part of has been returned : but they were all first-class Iris, while Mr. Oscar Asche interpreted Maldonado, firms to which I sent it, and in no case has it been the half-civilised Jew, the grandson of a Spanish defaced--a very light pencil note of a few words Jew. Maldonado is a compound of prudence and was once made on one of the pages ; possibly passion. There are five acts, and two of the acts numbers may have been written on the title-page are subdivided into three episodes. “ Iris" is a (a thing which certainly happens to copy sent to strong tragedy. At the fall of the curtain authoreditors). One could always send a front sheet and actors were repeatedly called by an appreciative with title, address, &c., written by oneself. This first-night audience. could be renewed without applying to the typist, and it is easy to point out in the accompanying letter that the rest of the MS. is type written. I never received any but a courteous letter of refusal, sometimes containing a word or two of kindly criticism or explanation. My experience of editors CORRESPONDENCE. is the same as my experience of publishers. I should be very sorry to express anything but the WANTED: A REFERENCE. sincere sympathy I feel for authors suffering from “ A Poor Novelist's” very real grievance, but it To the Editor of THE AUTHOR. seems right, as well as satisfactory, to say when one has been well treated. SIR,—I should be greatly obliged if any of your readers could tell me the author and date and FRANCES HEATH FRESHFIELD. place of publication of the following :- “ Qui cessat esse melior, cessat esse bonus.” I have searched all the quotation books in vain. Quinx. ## p. 28 (#405) ############################################# ADVERTISEMENTS. jii SALE OF MSS. OF EVERY KIND. Literary Advice, Revision, Research, etc. ARRANGEMENTS FOR Printing, Publishing, Illustration, Translation, etc. THE LITERARY AGENCY OF LONDON, 5, HENRIETTA STREET, W.C. G. RADFORD. DARLINGTON'S HANDBOOKS WI SIKES and SIKES, G. H. PERRIS. TYPEWRITING COMPANY, Oswald House, Queen Victoria Road, Coventry. 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Title A name given to the resource The Author, Vol. 12 Issue 03 (October 1901) Subject The topic of the resource The Author, Vol. 12 Issue 03 (October1901) Source A related resource from which the described resource is derived <a href="https://babel.hathitrust.org/cgi/pt?id=mdp.39015006979390" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=mdp.39015006979390</a> Type The nature or genre of the resource Publication Identifier An unambiguous reference to the resource within a given context 1901-10-01-The-Author-12-3 publications The Author