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(The Organ of the Incorporated Society of Authors.
Wol. XX.
No.
JULY
10.
Monthly.)
1, 1910.
[PRICE SIXPENCE.
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200
1910.
Jan.
Jan.
1, 1,
portant claim is forthcoming.
Donations.
8, 8, 6, 6, 6, 4, 4, 3, 3, 3, 1,
ON
8, 8, 7, 7, 5, 4, 1,
February 1, 1910, the trustees of the
Pension Fund of the society after the secre
tary had placed before them the financial
position of the fund decided
to invest £260 in
the following securities: £130 in the purchase of
Jamaica. 3% per cent. Stock 1919 49, and £130 in
the purchase of Mauritius 4 per cent. Stock 1937.
purchased
The amount
is £132 18s. 6d.
Jamaica. 3% per cent. Stock and £120 12s. 1d.
Mauritius 4 per cent. Stock.
This brings the invested funds to over £4,000.
The trustees, however, have been unable to recom
mend the payment of any further pensions, as the
income at their disposal is at present exhausted.
They desire to draw the attention of the members
of the society to this fact, in the hope that by
additional subscriptions and donations there will
be sufficient funds in hand in the course of the
year to declare another pension in case any im
Good
May
Inkster, Leonard
May 17, Truman, Miss Olive Marie
6,
o-º-º
Stock
.
7,
THE PENSION FUND.
Cape
J.
Fagan,
Feb.
Feb. 10, Newton, Miss A. M.
Smith, Bertram
March
April 13, Dillon, Mrs.
e e
7,
*--º- a
v-u-v
S.
Jan. 14, Desborough, The Right Hon.
the Lord, K.C.V.O.
Jan. 27, Lion, Leon M.
B.
end of the list for the convenience of those who
desire to add future elections as they are chronicled
from month to month in these pages.
#.
A UTISIOR.
TISIES
258
�TISIE AUTISIOR.
its
of
of of
to
in A to
in
to
to
on
to
by
to
on
to
In
a
to
a
to
of
of of
of
a
by
A
in
a
of
to a a
as as
of
of
It
be
to
to
of
on
to
a
in
it
or
to
of
to
of
In
a
it
as
to
be
of he
of
a
of
in
of a
to
in
to
to
of
A
by
a
on
to
to
to
of to
of
he
it
be
a
of
in
to
taken
order
obtain
the amount due
the member.
The third case
engaging the committee's attention was one
which
member
the society had expressed dis
publisher's
satisfaction
with
accounts.
The
in
to
a
to
in
to
stringent measures
be
a
of to
to
a
a
by
a
by
to
it
to
to
of
to
at
in
an
to
of
to
in
to
in
the list, making 134 elections
the current
year.
Four resignations were received, bringing
the number
the year
64.
Cases before the Committee.
The first case related
rights
the infringement
author's
Germany, and had been discussed
previous
Owing
meetings.
the failure
the author
give the necessary information and assistance
through the committee
the Society's German
lawyers,
was decided, with regret,
abandon the
case, and the secretary was instructed
acquaint
the author with the committee's decision.
The
complaint raised
next case was
member that
judgment summons obtained
the society two
weekly
months ago for unpaid contributions
newspaper had not been satisfied, although the
offending party still continued
publish the paper
regularly.
After consideration
letter from the
society's solicitors, setting out the steps they had
already taken, the committee
authorised
more
A
to
of
on
of
In
the absence
Mr. Maurice Hewlett, Mr.
Douglas Freshfield
was,
the proposal
Sir
Alfred Bateman, invited
take the chair.
Sixteen new members and associates were added
a
of
to
was
the
to
the committee
the Society
in
of
meeting
the offices
of
held
6th ult.
of
June
at
HE
NOTES.
to to
º-º-º
on
COMMITTEE
be
*. -ºvº
~- **
of by
to
in
announcement.
The names of those subscribers and donors which
are not included
the lists printed above are
unavoidably held over
the next issue.
of
0 ()
1 3 ()
1
previous
the sale
one
the members
the copyright
publisher,
difficult question
law had arisen
which counsel's opinion had been obtained.
copy
The Secretary was instructed
send
the
Opinion
the member involved.
letter from
literary agent was submitted
the Solicitors
the secretary and reply was authorised.
The next
matter related
serious infringement
the
rights
dramatists
India.
The secretary
reported the matter from the Dramatic Sub
Committee, and the committee
sanctioned
the
course suggested
that body, namely, that inquiry
should
made
the society's Indian solicitors
the exact position under the Indian law, and
adopted.
the best course
From the cases the committee turned their
policy.
attention
other questions
was
publish once,
decided
the autumn
the year,
full list of the annual subscribers
the Pension
Fund with the amount
their subscriptions.
case any subscriber might object
the publication
his
her name,
was resolved, before printing
the list,
issue
circular
order
ascertain the
wishes
the individual subscribers
this point.
proposal
obtain advertisements for The Author
was next considered, and, after some discussion,
accept the proposal subject
was agreed
some
modification and
the terms being embodied
contract which should meet with the chairman s
approval.
question had
At the previous meeting
agents
arisen respecting the appointment
the
colonies who should keep the society informed
infringements
literary and dramatic rights.
Sir
Alfred Bateman reported that
had conferred
with the officials of the Board
Trade and felt
made,
that some arrangement could probably
yet
give any definite
but that
was too early
assurance.
The secretary reported also that
had
seen the president
the Publishers' Association
and was instructed
write
him.
The question
the censorship
novels was again before the
committee
whom the secretary reported.
He
was instructed
communicate with Mr. Hewlett
immediately
his return, who had the whole
proposal made
matter
hand.
member
the
Copyright Sub-committee that all copyright cases
should first
referred
that committee, was
to
donors
January, 1910, have been deleted from the present
in
()
to
()
5
by
IO
of
O
O
to
0
of
0
1
an
2
1
byto
2
to
0
on to to
a
0
0
0 () ()
10
(),
0
4
committee authorised the secretary
write
the
put
publisher
the matter, and (if needful)
report
accountant
check the accounts.
regard
Was read from the solicitors
the society
the piracy
the works
one
members
means
street hawkers, and the secretary
was instructed
direct the solicitors
take
active steps
the lines taken
the music
publishers
somewhat similar circumstances, and
put
stop
hasten
the illegal sales and
bring the parties
book.
another case, owing
to
and
0
I
.
.
.
º
.
subscribers
d.
5
to
fresh
S.
O
1 3 ()
. as of .
.
S.
by
S.
J.
3.
C.
º
money recovered
the Society
ſº
©
damages)
Wynne,
June
Whitworth
c
June 15, Maunder,
H.
All
#
1 5
©
e
March 12, Yould, A. .
§
March 16, Loraine, Lady .
March 29, Macdonnell, Randall .
gº
&
April 6, Blake, J. P. .
April 8, Patricia Wentworth ''
April 14, Hinkson, Mrs. K. Tynan
ſº
May 6, Greenstreet, W. J. .
May 7, Cousin, John W.
e
May 10, Zangwill, Israel
May 19, Sprigge, Dr.
(Portion
259
�TFIE AUTISIOR.
260
reconsidered in the light of the opinions of the
After a perusal
members of the sub-committee.
of these opinions it appeared to the Committee of
Management that it would be undesirable to carry
out the suggestion.
that, as
reported
immediate
The chairman
decision was necessary, he had taken on himself, in
Mr. Hewlett's absence, to postpone the dinner of
This action was approved and it was
the society.
decided to leave the question of an autumn dinner
to the committee at their meeting in July, when it
was hoped Mr. Hewlett would be present.
The committee sanctioned the expenditure neces
sary for the issue of a circular by the Dramatic
Sub-committee to the dramatists inside the society.
also referred a
The Dramatic Sub-committee
suggestion as to the reading of dramatic works by
a staff of readers appointed by the society, with a
special view to obtaining a market for such plays
as were favourably reported on by the readers.
The suggestion did not appear practicable to the
committee, and the secretary was instructed
to
write to the member who had made the suggestion
and report to the sub-committee in that sense. A
proposal that the names of the Nobel Prize Com
mittee should be added to the list of committees on
was
and publications
the society s letter-paper
negatived.
The receipt of a contribution of £2 2s. to the
Capital Account of the society in acknowledgment
of work done by the society, was reported to the
committee, as also was a contribution of £10 to
Pension Fund from Dr. S. Squire Sprigge,
part of moneys recovered by the society on his
the
behalf.
At
this, the first meeting of the committee after
the event, it was decided to send to Mr. Thomas
Hardy a letter of congratulation
on the attain
ment of his seventieth birthday, and the secretary
was instructed to ask Mr. Hewlett, the chairman of
out the committee's wishes
the committee, to carry
in this matter.
º-º-º
DRAMATIC
SUB-COMMITTEE.
A MEETING of the Dramatic Sub-committee was
held on Monday, May 30, at the offices of the
society, 39, Old Queen Street, Storey's Gate, S.W.,
at 3 p.m.
of
The first question for the consideration
related to the position of
the sub-committee
dramatic authors and their property in the Trans
At the suggestion
Vaal and Orange River Colony.
of the secretary, it was decided to write to the
Colonial Office and to inquire as to the position of
copyright property of English dramatists in South
Africa generally.
The next subject was the appointment of agents
in the colonies and the larger cities of those
countries united under the Berne Convention
agents who might be able to give information
The secretary
to the Society of infringements.
reported that he had seen a gentleman, a native of
Johannesburg and a lawyer of position, and that
he had explained to him exactly what the society
This gentleman had agreed to write a
desired.
letter to be laid before the Dramatic Sub-com
mittee, giving references and explaining how far
he would be able to undertake the duties required.
The letter not having arrived in time for the
meeting, the matter was adjourned
to the next
meeting.
The secretary also reported that Sir Alfred Bate
at the Board of
had seen the authorities
Trade and the Foreign Office in regard to the
question of the Consuls reporting infringements in
those countries of Europe bound by the Berne
and the Trade Commissioners in the
Convention
Sir Alfred Bateman having intimated a
colonies.
man
desire to have from the Dramatic Sub-committee
a note of the exact work which it was desired the
should
and the Trade Commissioners
Consuls
undertake,
the secretary was instructed to draft
such a note and to forward it to Sir Alfred.
Infringements of performing rights in India
appear to be on the increase, as the secretary had
to report to the sub-committee a long list of such
infringements
He
at the Opera House, Calcutta.
was instructed, with the consent of the Committee
of Management, to write to the society's solicitors
in India and ask them to see whether it would not
be possible to put a stop to these infringements
by communicating with the manager, and also to
inquire what further steps they would advise.
At
the same time the solicitors should be requested to
send a formal power of attorney, so that, in the
event of any action being necessary, they should
have full authority to take immediate proceedings.
It was also suggested that the secretary should be
instructed to write to the Council of the Actors
Association warning them of these infringements,
for members of
as it might be very unfortunate
that association who had entered into contracts to
play in certain pieces in India and the colonies
suddenly to find that their employment was at an
end owing to an injunction being obtained for
infringements of dramatic rights; and the Secretary
was so instructed.
A complaint made by one member of the Society
against another member was laid before the sub
committee, but as the full statements were not
forthcoming it was necessary to adjourn
the
matter.
The secretary, having called attention to certain
paragraphs
to
in The Referee, was instructed
�TFIE AUTISIOR.
forward a reply to the editor for insertion
journal.
former months.
in that
º-º-º
June Elections.
Alcock, Joseph Crosby
32,
Londesborough
Road, Scarborough.
Atkinson, Harold W.
West View, Eastbury
Avenue, Northwood,
Middlesex.
Yorick Club, 30, Bed
ford Street, Strand,
Baker, Capt. B. Granville.
-
Cambridge.
51,
Man
Beaufort
sions, Chelsea, S.W.
Chase, Mrs. Lewis Nathaniel 54, Digby Mansions,
H a m me r s m it h
Bridge, London, W.
Dalziel, James.
Taikoo Sugar Refining
Ltd., Hong
Co.,
Carey, Miss Winifred Rose.
Cases.
Four relating to settlement of terms of
agreements.
Of the two claims for accounts, one
has been settled the accounts have been handed
in. In the other case, the society is waiting for
having
the publishers
the accountant's report,
given every facility for the investigation
of their
Of the five claims for accounts and money,
books.
one has been settled and one is in the course of
MSS.
negotiation.
The other three accounts have been
handed in, but the money is not yet to hand ; the
Secretary is waiting for the member to pass the
returns, when the demand for the amount shown to
be due will be made. The three claims for MSS.
Out of the nine claims for
have been satisfied.
satisfied, two have been
money, one has been
placed in the hands of the society s solicitors as
no satisfactory reply was forthcoming, two are in
negotiation,
and the
the course of satisfactory
balance have only recently come into the office.
The cases of disputes on agreements are naturally
slow in settlement, as a good deal of negotiation is
necessary, but one has been settled,
two are
progressing.
The last one has to await the arrival
of the member in England. She is at present
abroad and cannot obtain the necessary documents
and evidence.
remaining
over
from
still
There are three cases
W.C.
Fen Ditton Hall, near
Campbell, Cyril S.
º-º-º
DURING the past month the number of cases
placed in the Secretary's hands has increased.
Twenty-three
have been brought to
new cases
They may be divided as
office.
the society's
follows: Two for accounts. Five for accounts
Nine for money only. Three for
and money.
One of these refers to a member
who lives in the Colonies, and one to a publisher in
America, and the third is still in the course of
negotiation.
The cases in the solicitor's hands
are being carried forward in accordance with the
legal procedure.
None have actually been settled
during the past month.
A suggestion, from one of the members of the
Society to institute a formal reading branch for the
benefit of unacted dramatists was, after some discus
sion, referred to the Committee of Management.
It was decided that the resolution passed at the
previous meeting of the sub-committee relating to
performances in working men's clubs should be
sent round to dramatists who were members of the
society, with a postcard asking whether they would
be ready to adhere to the resolution then passed.
The sub-committee authorised the secretary to
write to those dramatists, if any, still outside the
Society and call their attention to the work done
by the society for the benefit of the dramatic
profession and for the defence of dramatic property.
The repertory agreement was finally settled, but
the agreement for a run was deferred till the next
meeting, which was fixed for Tuesday, June 21.
261
Kong.
-
Dawson,
17,
Frank
Dixon, Thomas
º
.
Eggar, W. D.
Graham,
Mrs.
e
.
Maxtone
Jevons, Herbert
Thomson,
Ethel
Stanley
Lieut.-Col. S.
C.I.E., J.P.
.
Woodhill,
Rhiw
bina, near Cardiff.
Manor,
Kent.
Abbots Morton, Ink
berrow, Worcester
Scuttington
Sittingbourne,
Talbot, P. A., B.A., F.L.S.,
&c.
verley, near Leeds.
Eton College, Windsor.
Bilston Lodge, Ivan
head, Midlothian.
.
J.,
Street,
Bedford
Marine
Parade,
Brighton.
Woodhall Road, Cal
shire.
Wilson, Mary D.
44,
Wilson, Mrs. S. Douglas
e
BOOKS
Princes
Square,
Hyde Park, W.
17, Buckley Road,
N.W.
º-e
PUBLISHED BY MEMBERS OF
THE SOCIETY.
e-º-º
WHILE every effort is made by the compilers to keep
this list as accurate and exhaustive as possible, they have
some difficulty in attaining this object owing to the fact
�TISIE AUTISIOR.
262
By
CE.
AN IRISH R.M.
FURTHER EXPERIENCES
53. 315 pp.
SOMERVILLE AND MARTIN Ross.
ART.
Human Documents from the Four
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Centuries preceding the Reformation.
CouTTON,
by
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21s.
Constable.
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LAM, M.A.
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83
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ESSAYS
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Last Queen of the French.
By C. C. Dyson.
John
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THE CALL OF THE SOUTH.
Milne.
4}. 320 pp.
accurate.
BRITISH
E.
OF
that many of the books mentioned are not sent to the Cffice
by the members.
In consequence, it is necessary to rely
largely upon lists of books which appear in literary and
It is hoped, however, that members will
other papers.
co-operate in the compiling of this list and, by sending
particulars
of their works, help to make it substantially
�THE AUTISIOR.
BOOKS
18.
:
:
m.
:
:
n.
:
:
n.
K. -
E.
:
:
m.
:
:
º
A.
:
of
n.
:
MISCELLANEOUS.
A
Chicago
Revell.
$1.25.
$1.25
Q.
m.
.
POLICITAL.
ARCHER. An
New York
-
:
AFRO-AMERICA. By WILLIAM
English reading
the race problem.
Dutton. $3
THROUGH
- of
G.
NATURAL HISTORY.
By CONSTANCE FOOT.
Won DERLAND.
With
illustrations by W.
ALLEN. New York John Lane.
INSECT
m.
R
12
n.
D.
a
m.
RUSKIN AND HIS CIRCLE. By ADA EARLAND.
With 20
illustrations, including photogravure frontispiece. New
York Putnam.
$1.75
ACCIDENTS OF AN ANTIQUARY'S LIFE.
With 40 illustra
By
tions from photographs taken by the author.
HoGARTH. New York: Macmillan. $2.50
ROBERT DoDSLEY, POET, PUBLISHER AND PLAYWRIGHT.
photogravure portrait and
With
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By RALPH STRAUSS.
New York: John Lane
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m.
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THE SINGING WOICE AND ITS TRAINING. By STIRLING
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BIOGRAPHY.
Footnote in Narrative to
Religious
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Professor William James's
By HAROLD
Experience.
BROKEN
THE RENAISSANCE
ITALIAN ART, SCULPTURE,
AND
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New York: Scrib
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ART.
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IT
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YOUNG.
HAMILTON's SECOND MARRIAGE
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AND THE
PRINCESS; THE MODERN WAY. Three plays.
By MRS.
W.
CLIFFORD. New York Kennerley.
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of
a
by
By
THE LAws of HEREDITY.
ARCHDALL REID.
With diagrammatic representation
HERBERT HALL
TURNER, Savilian Professor
Astronomy, Oxford.
548 pp.
FOR TEIE
GIRL OF THE FOURTH
THE STORY OF AN UNPOPULAR
By
M. IRVINE. Philadelphia McKay.
;
J.
SCIENCE.
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A
THE CAxTon SHAKESPEARE.
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Wols. W. and VI.
With
By SIDNEY
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Introduction.
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THoughT GEMs For DAILY USE.
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WRIGHT. 6 × 4}. 143 pp. R.T.S.
263
�TFIE AUTISIOR.
by
is
of
III.
to
is
E.
A.
of
&
many years, both for purposes of scientific investi
gation and for their practical utility
in the
treatment of various diseases.
Messrs. Pitman &
Sons, Ltd., are the publishers.
Miss N. Smith Dampier's book, Ballads from
the Danish and Original Verses, was published
last month by Mr. Andrew Melrose.
There is shortly to be published in a popular
edition in America, by Messrs. Mitchell Kennerley,
Mary,
Miss Winifred Graham's novel,
a 1s.
edition of which has recently been published in
England by Messrs. Mills & Boon, who are pub
lishing, early in July, Miss Graham's new novel,
The Enemy of Woman.
Mr. Arthur H. Stockwell has published a new
novel by Mr.
H. Brighouse, entitled,
With
Unseen Lips, a tale of mystery and humour.
of
and Suggestion in Daily Life,
Education, and Medical Practice, is the
title of a new work by Dr. Bernard
Hollander, who has studied these subjects for
to
YPNOTISM
a
to
of
in
to
by
in
a
a
on
at
is
by
J.
A.
J.
J.
of
3.
on
ni of
1,
on
6;
on
B.
at
of
a
B.
of
a
it
be
in
of
is
of
in
of
in
is
de
of
by
is
It be
of
&
of
Reynolds-Ball the Editor
this volume.
Messrs. Methuen
Co. are just issuing
book
Big Cats and other Beasts, by
Anecdotes
Mr. David Wilson.
Crespigny s new book
Mrs. Champion
August.
published
Messrs. Mills and Boon
Achor, and deals with
J.
called The Walley
modern life.
The scene
the story
laid
England.
Miss Jetta S. Wolff, author of Le Français en
Ménage,
and
Le Français en Voyage, is
Rev. Telford Warley, B.Sc., who wrote the text
publishing a volume entitled
Hampshire"
Pour la Patrie, et
for Messrs. Black's series
autres Contes d'Enfants.
Mr. Edward Arnold
Colour-Books, has expanded the section
the
announces, also, the publication of Miss Wolff's
book dealing with Winchester and its immediate
surroundings, and
published
separate
Les Français d Aujourd hui.
will
scene of Mr. Wilfrid Balls' illustra
Mr. Michael Barrington, the author of
The form with
King's Fool, whose last novel, The Knight of tions from Hampshire.
Sword, was no mediaeval tale of
During the past month, the Abbey Theatre
the Golden
adventure,
Lady Gregory
Company, under the management
hazardous
but a study of the political
Yeats, has been on
and Mr. W.
visit
conditions of England and Scotland at the time of
Among the members
the Restoration and Revolution, has returned once
London.
the society
more to the Middle Ages; and Messrs. Chatto &
whose plays have been staged
the Court Theatre
Windus will publish in October his new romance,
are Mr. William Boyle,
Lord Dunsany, Lady
Gregory, and Mr. W.
The Lady of Tripoli, which portrays the soul's
Yeats.
history of a famous Troubadour Prince.
Mr. Boyle's comedy, The Eloquent Dempsy,
Mr. Richard Steel has just published a second and Lord Dunsany's piece, The Glittering Gate,
Lady Gregory's three
and revised edition of his book, Imitation : The
were produced
June
Mimetic Function in Human Nature and in act play,
The Image,
June
followed
Nature.
The writer approaches the subject from
her one-act play,
The Rising
the Moon ;
Houlihan,
many sides, starting with imitation in infant and
while Mr. Yeats
Kathleen
child life, continuing in education, in later youthful
followed Lady Gregory s
Workhouse Ward,
June
life and early maturity. Other chapters deal with
religion and politics, in
Playboy
imitation in ethics,
The late Mr.
M. Synge's
the
Western World was also included in the com
language, poetry and the fine arts, in economics,
pany's répertoire.
in heredity and inorganic matter, while in an
The company's cast includes
appendix the writer refers to imitation in the
O Rouke, Miss
Miss Sarah Allgood, Mr.
Morgan.
reasoning process.
Messrs. Young & Sons in
Eileen O'Doherty, and Mr. Sydney
Liverpool, and Messrs. Simpkin, Marshall & Co.
Mrs. Angelo Savi's little sketch,
Love
Passing, was produced for the first time
Mr.
in London, publish the book.
Clive Currie
the Rehearsal Theatre,
Maiden
Mr. S. B. Banerjea is shortly publishing a serial
May 23, before crowded house.
story, entitled
Miss Ray of Krishnagar, which Lane,
Lady
will appear in a Madras paper.
It will deal with
The Image,
new play
three acts
by
.
(a
º-º-º
$
the Indian unrest, and point out wherein, in the
author's judgment, India s peril lies.
Dr. A. K. Coomaraswaney has an article on
Indian Bronzes in the May number of the
Burlington Magazine.
Miss K. Everest's new song, Wake up, Eng
copy
land
which was graciously accepted
Stanley
H.M. the King)
now published
Webb, 10, Museum Street, W.C.
We have just received Wol.
Travel and
Exploration, comprising the monthly issues from
January
June, 1900. The volume
copiously
illustrated from photographs which are well repro
duced, and contains many articles scarcely less
interesting
the
home-bird
than
the
Co.,
326, High
traveller.
Messrs. Witherby
Holborn, W.C., are the publishers, and Mr.
l
NOTES.
to
LITERARY, DRAMATIC, AND MUSICAL
by
264
�TFIE AUTISIOR.
in
an
a
of
by in
of
of
a
a
in
us
an
of to
of be
to
is
to
its
is
in
of
in
all a
of
by
a
it
in to
of
so
is
of
by
is
to
of
C.
de
of
de
It
is
is
by
a
is
to
be
to
to
be
byto
it
by
of
a
a
in
is
is
to
a
in
on
of
de
English.
by
in
in
in
on
at
a
is
of
of
in
of
of
to
us
of
''
is
of
of
;
of
a
all
is
of
of
an
is
In
of
of
of
It
by
by
de
et
It
of de
in
a
to
dissolving
and her lectures have been illustrated
views
the pictures
which she has spoken.
She
French,
repeat these lectures
Brussels
and she will give them later
London
to
of
of
in
of a of
duc d'Aumale
Cuvillier Fleury' has just
appeared.
has been compiled
M. Limbourg,
preface
and has
M. René Wallery-Radot.
1848, when the Duc d'Aumale and
commences
the Prince
Joinville join the exiled royal family.
many
series
letters we have
account
tragic events.
1850 there
the death
the king;
then the Crimean War
the death
the Duchesse
Nemours and
the Duchesse d Orléans, and
the Italian war.
expect from
Pierre Mille has accustomed
his pen true pictures
colonial life, and
the
difficulties
the Westerner
his dealings with
the extreme Orient.
His stories are tragic and
running
pathetic, with
fine vein
humour
through them.
very living
Barnavaux
personage
who have read Pierre Mille's last
volumes.
La Biche écrasée
the title of this
new book
short stories.
The author shows
on of
Renard was known
his
play, Carrots.
He painted the peasants
Central France admirably.
He was essentially
realist, but there was poetry
his realism.
One
his critics very aptly calls him the Bastien
Lepage
literature.
The second volume
the Correspondance
du
Trois amies de Chateaubriand
the title of
charming book
André Beaunier.
both.
historical
and romantic.
The three principal
persons
whom the author writes are Pauline
Beaumont, Juliette Récamier and Hortense Allard.
Custine, Nathalie
The other friends are Delphine
de Noailles and Madame de
The love affairs of
many
Chateaubriand
have tempted the pen
always something fresh
tell,
writers but there
and André Beaumier has obtained fresh information
from many sources.
La Brèche,
Bradais one
the most dramatic
this popular author's novels. The story
based
one
those cruel problems
difficult for mere
on-lookers
solve.
The characters immediately
concerned
this problem solve
for themselves
Brada's story, knowing full well the sacrifices
prepared
that they must
make.
Their life
one long effort
bear the burden themselves,
silently
uncomplainingly.
and
Circumstances
necessary for others
occur which make
share
their secret. They pay
the uttermost farthing
the penalty
what
some people would
deemed
sin and
others the only natural solu
admirably
tion
their problem.
The story
living personage.
told and each character
atmosphere
every scene, common sense
There
mingled with romance, and fine robust philosophy
life pervading the whole story.
Bobadillo, the wife
Madame Emilio
the cele
brated Spanish writer (Fray Candil), has completed
Spanish art.
her series
lectures
Paris
She
Velasquez, Murillo and Zurbaran,
has spoken
in
England, Jules
famous
Mille.
of
to
of
a
by
In
of to
as
he
is,
late Jules Renard was a member of the
Goncourt Academy. He was a comparatively
young man, so that the news of his death
came as a surprise to all, but his intimate friends.
He was a literary man in the best sense of that
term.
His originality consisted in transcribing
life as he saw it. With Jules Renard there was no
seeking for effect, no novels written for the sake of
preaching a theory.
He saw nature as it
and
they are, and
human beings
endeavoured
great lover
show them
us.
He was
the
country and
the simple life.
is
HE
a
at
all
is
º-º-º
In
a
of
PARIS NOTES.
a
is
us
& sºº- a
w
-
de
is
a
he in
a
he
he
on
On tour.
in
The Marriage of Kitty, with Mr. C. W.
Standing and Miss Winifred Pearson, and is now
-
himself here
new light. He
keen observer
always, and
handles his subjects with delicacy,
paints his pictures
but
this volume wherever
good subject.
finds
La Biche écrasée,
merely
which gives
title
the volume,
episode, too slight even
story. There
called
attempt
criticism
the things described,
words, but just
moral given
touch
artist, showing
up
with the brush
few strokes
the cruelty and the pity
the
incidents described, the crushing
the weak
the
strong, the barbarism
our vaunted civilisation.
Le Bon Père,
the same book,
veiled satire
Repos hebdomadaire
our social system.
voting laws.
shows
the utility
Le Secret
tragic domestic episode, and
La Peur
sculptor.
weird story told
There are
about twenty
these short stories, all told
the
concise, dramatic way which
the secret
Pierre
no
1.
no is
was produced at the Court. Theatre, on
In the cast were Arthur Sinclair, Fred
O'Donovan, and Miss Sara Allgood.
Mr. Henry Arthur Jones's comedy, The Case of
Rebellious Susan,
was revived at the Criterion
Theatre early last month. Sir Charles Wyndham,
Miss Mary Moore, Miss Ellis Jeffreys, and Mr.
Sam Sothern were in the cast.
Miss Myra Swan appeared at the Grand Opera
House, Middlesbrough,
on May 9, as Kitty in
Gregory,
June
265
�In
d'Aumale
duc
of
3.
1,
2,
as
of
of
to
to
3
1,
2, at
atbe on
3.
1,
2,
of
be
is
of
as to
of
9,
10
7,
8,
6,
at
to
of
to to
be
to of
Faithfully Yours,
(Signed) JOHN LONG.
in
a
of
in
of
an
of
to
of
in
;
as
of of
an
be
of
if
so
in
to
he
to
It
to
a it for
is is
a
of
in
be
at
a
in
a on a
to
is
a
a
very bad one
the author.
the publisher but
mistake
We would only add that, while
publisher for
bind himself
author
for
bind himself for nine
more than one book,
An author should make his
disastrous.
books
to
5
on
25
(if
of
or
(if
on
of
of
and
NOS.
the first nine
6s. Edition 1s. per copy, after the sale
hundred copies.
the
Colonial Edition 2d. per copy, after the sale
first four hundred copies.
copy
all
Sevenpenny Cloth Edition (if any) 3d. per
Sales.
per
Siapenny Edition (if any) 15s.
thousand Sales.
any)
Editions, except above
Cheaper Edition
price
published
all
per cent.
the nominal
copies sold.
per
any)
American, Foreign, and Serial Rights
cent. of the net sum received.
put from £40
and advertising, have been able
Probably
would
£50 into his own pocket.
six months, and thus have the
make this sum
turning over his capital
hand:
opportunity
noticed
will
the year.
some profit twice
that, even with
much smaller numbers,
sale
ample. This, then,
his capital
the percentage
good bargain for
fair sale,
the book has
of
3.
I
it.
I
of
I
an
I
is
5
that the sales of your
is much to be regretted
two novels have not come up to our expectations,
and, in the over-crowded
state of the fiction market,
it is difficult to know what to do with the above.
The tale is certainly well written, but then, on the other
hand, there is always a large number of well-written tales
be
before the public. Its publication must, therefore,
have already
attended with the greatest risk, but, as
third,
try
a
published two of your books,
should like to
only, however, on the clear and distinct understanding
your
next nine new novels,
that have the first refusal of
which, if accepted, shall be published on the terms set out
below.
understand you are not prepared to further finance
your literary work. Therefore
am willing to buy the
copyright of the present one for £15, and, over and above
should
that sum, find all the money for publishing
also find all the money for publishing the other nine new
novels.
TERMS FOR THE SAID NINE Nov FLS.
It
of In
Dear
The Author
We have printed previously
somewhat similar offers from the same publisher.
put the case clearly before the members
order
single
our society, we will consider the case
1,500 copies
book, and assume that
edition
the
printed and that 900
these are sold
English edition, 400 are sold
the Colonial
edition, and 100 are given away for review and other
100
purposes, leaving
unsold remainder
copies.
The result from the financial point
roughly
follows: the sale
view would then
900 copies would bring the publisher about £150
sheets might
the colonies
400 copies
the sale
that,
the
bring the publisher, say, another £20,
first edition was sold out, the publisher would have
The pub
obtained £170 and the author nothing.
production
lisher would, after covering the cost
is
offer that we print below was made
recently by Mr. John Long to a member of
our society.
HE
to
I.
I
be
I
º-º-º
I
of
#.
Jº
AGREEMENTS.
if
PUBLISHERS
to
is
a
º- a
w-v-w
1,
2,
68,
.
La Biche écrasée" (Calmann-Lévy).
La Brèche" (Plon).
|
at
Cuvillier
de
et
(Plon).
in
du
10
It
as 4,
10
5, If
if
68.
be
to
I
of
ALYS HALLARD.
Correspondance
of be
as
in
Le
M. Frantz Funck-Brentano
de la Jeune Turquie.
on L Eglise de France et la Révolution.
Fleury
18,9.
7,
8,
68.
the April number of France
vrai Roosevelt, by M. Gulglielmo
Ferrero, in Le Figaro.
In La Revue hebdomadaire M. René Moulin has
been writing some articles on Force et Faiblesse
Fanin Roy,
Amérique.
and
NOS.
the first five
68. Edition Is. per copy, after the sale
hundred copies.
the
Colonial Editions 2d. per copy, after the sale
first three hundred copies.
and
for Nos.
Other Royalties
and
Nos.
per copy, after the sale
the first four
Edition
hundred copies.
the
Colonial Edition 2d. per copy, after the sale
first two hundred copies.
and
for Nos.
Other Royalties
the
clearly understood that the royalties
must
paid
the above nine novels are
each
edition
published
this
only
the outset
the book
regards Nos.
not, then
the royalty
and
price.
1,750.
As
per cent. after the sale
the first
per cent. after the sale
the first 1,000,
and
Nos.
per
regards Nos.
cent. after the sale
and,
and
the first 750 copies.
less
novels being published
am bitterly opposed
the commencement, but we must provide for all
than
undoubtedly,
the publishing world, where,
eventualities
for cheapness.
the trend
present day life, with plenty
love
Each tale
incident, and
contain not less than 80,000 words
2,CIl.
published yearly about January
yours
Two novels
take place during September and
and delivery
2.TCI).
will send you the
from you
On hearing favourably
cheque for £15, also the agreement.
of
the Revue des Deua, Mondes there is an
extremely interesting article by M. Georges Goyau
on Bismarck et la Papauté.
A number of articles on Roosevelt have appeared
Théodore Roose
in the various French reviews.
velt et la Constitution américaine, by M. René
L'Opinion
Ambassador,
Millet,
in
French
by
M.
(April 23).
Le Président Roosevelt,
6.
4,
5,
TISIE AUTISIOR.
266
�TISIE AUTISIOR.
us
In the first instance
The agreement should
be let
In this particular case the firm which issued
this agreement stated, so we are informed, that no
publisher nowadays thinks of entering into an
agreement with an author unless the author con
sents to transfer his copyright.
In actual fact the
exact opposite is the case.
of
a
to of
to
of
be
in
as
of so
to
a
a
be is
it
3
is
be
it
If
is
as
to
no
is
to
to
is
2
in 1
be
to
be
consider the parties.
made between the author
and the publisher only.
The contract should
personal
the publisher and should not
with
his respective heirs, executors, successors and
assigns. Clause
does not call for any particular
comment, but
clause
the inequality
the
agreement
immediately evident.
The publisher
seeks
bind the author
deliver the MS. by
fixed date and to make time the essence of the
contract, but there
corresponding obligation
his part
make time the essence
the
contract
when the question arises
the
publication.
important
date
for
the publisher that time should
made the
essence
the contract
even more important
for the author.
Clause
clause
which
particular attention should
drawn.
The author
publisher.
should never transfer his copyright
How often has this statement been made in these
long
publishers insist upon
columns
But
inserting clauses
this kind
their agreements,
long must the repetition
the formula
printed
The author must never transfer his
copyright
the publisher.
The reasons for
this are manifold, but
not necessary
repeat them
the present time.
The author
publish
should grant
the publisher
licence
to
to
is
a
to at
it
to
work.
7. The author during his life shall, on the publishers'
request, Tevise, and if necessary edit, and prepare for the
press all future editions which the publishers shall decide
to publish, and from time to time supply any new matter
that may be needful to keep the work up to date. In the
event of the author's death, or of his inability, by reason of
No author can be recommended to sign this
agreement as it stands.
Many publishing firms
issue agreements drawn distinctly in their favour,
but when they find that the author has full know
ledge of the clauses likely to prove oppressive,
they are generally willing to make modifications
and not infrequently to accept all or most of the
author's emendations and alterations.
of
1. The publishers will, at their own expense, produce
and publish the author's work at present entitled
}
consisting of about
thousand words.
2. The author will deliver the complete manuscript to
the publishers on or before
next.
(This is of the
essence of the contract.)
And the publishers undertake to
issue the work not later than
º
3. The copyright is hereby vested in the publishers, who
shall have the entire control of the publication and terms
of sale of the work, and the author shall not, without the
consent of the publishers, publish any abridgment, trans
lation, or dramatised version of the work.
4. The publishing price in England of the first edition of
the work shall not be less than
, and the publishers
shall pay the following royalties, i.e.,
during
The author shall be entitled
the continuance of
the copyright to a royalty of
per cent. of the pub
price
copies
lished
of all
sold in Great
- Britain up to
copies.
pence per copy on all sold in the
A royalty of
British Colonies.
per cent. of the published price of all
A royalty of
copies exported to America, or, if the book be copyrighted
there, to one half the total amount received from the
American publishers.
A royalty of 10 per cent. on the amount realised in the
event of the book being sold as remainders.
5. Accounts shall be made up annually as on the 31st
December and shall be settled on or before the 30th April
following. In taking the accounts thirteen copies shall be
reckoned as twelve (or twenty-five
as twenty-four, as the
case may be); copies supplied for review and presentation
shall not be subject to royalty; and author's corrections
exceeding an average cost of
shillings per sheet of
thirty-two pages shall be at the author's expense and be
deducted from the author's royalty.
The author shall be
copies of the work free of charge.
entitled to
6. The author guarantees that the work does not infringe
the copyright of any other person, and that it contains
nothing of a Scandalous character, and will indemnify the
publishers from all loss, costs, and damages for actual or
alleged infringement
of copyright, libel, or otherwise, in
consequence of or arising out of the publication
of the
of
follows:
!
MEMORANDUM
OF AGREEMENT
made the
day of
, hereinafter referred to as the
19 , between
, hereinafter referred to
author of the one part and
as the publishers of the other part, whereby it is mutually
agreed between the parties thereto for themselves and
their respective heirs, successors, executors, and assigns, as
:
II.
The next agreement, to which we desire to draw
attention, is a common form of agreement issued
by Messrs. George Allen & Sons.
We print this
document at length :
on
than one volume.
illness, absence from England, or otherwise, to do so, the
cost of such revision and preparation
shall be borne
equally by the author or his representatives, and the pub
lishers and the author's share of such cost shall be a charge
upon and be deducted from the author's royalty.
8. If the publishers shall, after the whole of the first or
any later edition shall have been sold, and after not less
than six months' notice in writing from the author,
decline or neglect to publish a new edition, they shall at
the author's cost assign the copyright to the author ; and
in case of such assignment the author shall take over all
plates, stones, blocks, moulds, etc., specially made for the
work and which could be used for the production
of
another edition, at two-thirds of the original cost.
9. The expression
the publishers
shall be deemed to
include, where the context so admits, the person or persons
e
for the time being constituting the firm of
AS WITNESS the hands of the author and of the said firm
Of
by two of its members.
so
an agent for the publication of the work
in book form only, subject to limitations of time,
price, country, and number of edition.
To hand
over to a publisher
other rights may be as
disastrous as handing over the publication of more
publisher
267
�268
TISIE AUTISIOR.
the work in book form only, at a fixed price and
in a form to be mutually agreed between the parties.
The latter part of clause 3 we have met in other
agreements.
It may be reasonable that the author
should not be permitted to publish an abridgment of
his work without the consent of the publisher, if
such abridgment
is likely to detract from the
value to the publisher of his contract, but that the
author should not be allowed to publish a trans
lation or dramatised version of his work is an absurd
prohibition.
To the ordinary author, who trusts
his publisher, it might appear that he had merely to
inform the publisher that he had received an offer
for such translation or dramatisation, and the pub
lisher would, as a matter of course, without any
demur, grant his consent.
We have, however, met
a publisher not the one whose agreement is before
us who has, in such circumstances, withheld his
consent until the author agreed to give him 50 per
cent. of the profits.
The words must, therefore, be
struck out of the clause.
In clause 4 it is quite
right that the published price should be settled, but
not for the first edition only. The publisher should
only be granted a licence to publish at agreed
prices. It will be noticed in clause 4 that although
the author has sold the copyright to the publisher,
there is no stipulation made for any payment to
the author if the work is placed serially, or if the
publisher chooses to sell translation rights.
The
royalties
to be paid are only on the English,
Colonial, and American editions, and in the last
mentioned case, supposing the author, by his own
unaided efforts, succeeds in obtaining American
copyright, he will have to pay half the total amount
to the publishers.
In the last paragraph of the
clause the author should be given a larger measure
of control. The publisher should not be allowed to
remainder when he likes without considering the
author's position.
The account clause, again, is
very unsatisfactory, for if the book were published in
January a not uncommon month in which to pub
lish books the author would not receive any money
until the following April year. As the largest sales
of a book occur during the first three or four
months, the publisher would hold the author's
money for twelve
months.
One enterprising
author has worked out an interesting mathematical
sum by which he shows how a publisher, by means
of an account clause drawn on these lines, could
run the expenses of his business on moneys belong
ing to authors which he had in hand. . The ques
tion of thirteen copies being reckoned as twelve
in the rendering of accounts has been explained
over and over again in these columns.
We do
not desire to repeat the warning.
Clause 7 should
be deleted entirely.
The author of the work alone
should have the right of revision.
The clause as to
revision refers only to technical books and Scientific
works et hoc genus omne which necessarily require
to be re-edited with the development of knowledge
or the alteration of methods.
If the author desires
to retain control as to revision, then he should
limit the publisher, in the first clause, not only to
the right of publication in book form at a fixed
price but also to a limited edition.
He can always
offer the publisher the option of producing further
editions, subject to any revisions or alterations he
may desire incorporated.
The clause as it stands
must, as we have remarked, be deleted.
Clause 8
would be unnecessary if the agreement were drawn
on the lines we have suggested, but if the author
has sold the copyright to the publisher, and the
latter chooses to assign it to some other house, it
is not likely that the assignee will be bound by
clause 8, and, in any event, that the book should
be out of print for six months is very unsatisfactory
to the author.
The publisher should be bound,
in order to show his bona fides, to publish a new
edition of at least five hundred copies, and the
author should not be bound to take over the
moulds, stones, etc.
He might have the option of
over at a valuation.
If he takes
them over at two-thirds cost, first, they may not
be in good condition, and secondly, he is practically
insuring the publisher against any loss from the
taking them
publication of the book.
deleted for the reason given
this article.
e
Clause 9 should be
at the beginning of
º-e
MAGAZINE
CONTENTS.
e-º-e
BOOKMAN.
*
By Barry Pain.
The Humour of Mark Twain.
Mark Twain, The Man and The Jester. By Walter
Jerrold.
.
Thomas Hardy.
ENGLISH REVIEW.
Handling of Words : Meredith.
Henry
The
By Vernon Lee.
The Dramatic Sense. By Gilbert Cannan.
By C. F. Keary.
Through the French Salons.
By Frank Harris.
The Women of Shakespeare.
James
FORTNIGHTLY.
By Francis Gribble.
Tourguenieff.
By Richard H. P.
Tourguenieff and the Life Illusion.
Curle.
A Philosophic Emperor. By W. L. Courtney.
By Mrs. Alec Tweedie.
Wm. Quiller Orchardson.
By J. Johnston,
Walt Whitman the Poet of Nature.
M.D.
By Lewis Melville.
Sterne's Eliza.
The Last Meeting with Bjornson.
NATIONAL.
Lyttelton as a Man of Letters.
By Austin Dobson.
By W. Roberts.
A King of Manuscript Collectors.
A Poet s Prose. By Mrs. T. A. Trollope.
�TISIE AUTISIOR.
HOW TO USE THE SOCIETY.
But the transaction should be managed by a
obtained.
of
competent agent, or with the advice of the Secretary
the Society.
e-C-0
WERY member has a right to ask for and to receive
1.
advice upon his agreements, his choice of a pub
lisher, or any dispute arising in the conduct of his
The
of his property.
business or the administration
Secretary of the Society is a solicitor; but if there is any
special reason the Secretary will refer the case to the
Further, the Committee, if they
Solicitors of the Society.
without
deem it desirable, will obtain counsel's opinion
Moreover, where counsel's
any cost to the member.
opinion is favourable, and the sanction of the Committee
is obtained, action will be taken on behalf of the aggrieved
member, and all costs borne by the Society.
2. Remember that questions connected with copyright
and publishers' agreements do not fall within the experi
Therefore, do not scruple to use
ence of ordinary solicitors.
the Society.
3. Before signing any agreement whatever,
the document to the Society for examination.
send
4. Remember always that in belonging to the Society
you are fighting the battles of other writers, even if you
are reaping no direct benefit to yourself, and that you are
advancing the best interests of your calling in promoting
the independence of the writer, the dramatist, the composer.
5. The Committee have arranged for the reception of
in a fire
members' agreements and their preservation
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 stamp agreements in readiness for a possible action
upon them.
(3) To enforce
(2) To keep agreements.
payments due according to agreements.
Fuller particu
Society
s
work can be obtained in the
lars of the
Prospectus.
6. 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 with publishers submitted to
them by literary agents, and are recommended to submit
them for interpretation
of the Society.
and explanation
to the Secretary
This
7. Many agents neglect to stamp agreements.
must be done within fourteen days of first execution.
Secretary will undertake it on behalf of members.
The
8. Some agents endeavour to prevent authors from
referring matters to the Secretary of the Society; so
Members can make their own
do some publishers.
deductions and act accordingly.
9. The
subscription to the Society is £1 1s.
annum, or £10 10s. for life membership.
WARNINGS TO THE PRODUCERS
OF
BOOKS,
e-Q-e
are a few standing rules to be observed in an
agreement.
There are four methods of dealing
with literary property :
ERE
I. Selling it Outright.
This is sometimes satisfactory,
if
a preper
price
II. A Profit-Sharing Agreement (a bad form of
agreement).
In this case the following rules should be attended to :
(1.) Not to sign any agreement in which the cost of pro
duction forms a part without the strictest investigation.
(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 |
The Royalty System.
This is perhaps, with certain limitations, the best form
It is above all things necessary to know
of agreement.
III.
What the proposed royalty means to both sides. It is now
approximately
the
possible for an author to ascertain
From time to time very important figures connected
truth.
with royalties are published in The Author.
IV.
The
(1.)
(2.)
(3.)
A Commission Agreement.
main points are :
Be careful to obtain a fair cost of production.
Keep control of the advertisements.
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
In 62,DS.
(2.) The inspection of those account books which belong
We are advised that this is a right, in the
to the author.
nature of a common law right, which cannot be denied or
withheld.
:
(3.) Always avoid a transfer of copyright.
e
WARNINGS
º-e
TO DRAMATIC
AUTHORS,
per
a a a
v-v-w
-
269
can be
sign an agreement without submitting it to the
Secretary of the Society of Authors or some com
petent legal authority.
for
2. It is well to be extremely careful in negotiating
the production of a play with any one except an established
manager.
EVER
3. There are three forms of dramatic contract for plays
in three or more acts:
This
(a.) Sale outright of the performing right.
An author who enters into
is unsatisfactory.
stipulate
in the contract
such a contract should
for production
and for proper
play-bills.
of the piece by a certain date
publication
of his name on the
�TFIE AUTISIOR.
of
as
in
in
of
of
in
of
of
in
of
to
as
In
of
as
be
or
on
of
in
of
to
is
BRANCH,
of
in
greatly assist the Society
this
branch
its work by informing young writers
of its existence.
Their MSS. can be read and
composition
treated
treated by
coach.
The term
fiction, but poetry
MSS. includes not only works
works,
possible,
and dramatic
and when
under
special arrangement, technical and scientific works.
The
competence and experience.
Readers are writers
The
fee
one guinea.
º
is
it
of
a
is
of
REMITTANCES.
º-º-º
The Secretary
that all remittances
the Society begs
of
to
give notice
post.
are acknowledged by return
All remittances should be crossed Union
London and
Bank, Chancery
Lane,
Smiths
sent by registered
letter only.
of
Original Plays may also be filed subject to the same
rules, with the exception that a play will be charged for
at the price of 28. 6d. per act.
of is
in
in
It
Q-e
e-e
of
typewritten in duplicate on foolscap paper
forwarded to the offices of the Society, together with
a registration fee of two shillings and sixpence, will
be carefully compared by the Secretary or a qualified assis
tant.
One copy will be stamped and returned to the author
Copies
and the other filed in the register of the Society.
of the scenario, thus filed may be obtained at any time by
the author only at a small charge to cover cost of typing.
is
of
or
of
a
as as
it.
a
a
to
e
THE READING
as
a
Sº
stamp copies
The Society undertakes
music
part
behalf
its members for the fee
6d. per 100
100.
The members stamps are kept
the Society's
safe. The musical publishers communicate direct with the
Secretary, and the voucher
then forwarded
the
members, who are thus saved much unnecessary trouble.
EMBERS will
AND
MUSIC.
is
REGISTRATION
OF SCENARIOS
ORIGINAL PLAYS.
0-sº-0
sº-0
be
A- a
~~
e
STAMPING
or
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 information
are referred to the Secretary of the Society.
can be added
the warnings given for the
producers
assistance
books and dramatic
must, however,
pointed out that,
authors.
rule, the musical publisher demands from the musica)
composer
transfer
fuller rights and less liberal finan
cial terms than those obtained for literary and dramatic
property.
The musical composer has very often the two
rights
deal with performing right and copyright.
He
especially
should
careful therefore when entering into
particular
agreement,
an
and should take into
consideration
the warnings stated above.
to
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.
COMPOSERS.
be
9. Agreements
for collaboration
should be carefully
drawn and executed before collaboration is commenced.
Q-e
MUSICAL
of
consideration.
ITTLE
TO
a
8. Never forget that United States rights may be exceed
ingly valuable.
They should never be included in English
agreements without the author obtaining
a substantial
e
WARNINGS
of
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.
be
it
is of great importance.
to
rights, but
6. Authors should not assign performing
should grant a licence to perform. The legal distinction
of
5. Authors should remember that performing rights can
be limited, and are usually limited, by town, country, and
time,
This is most important.
of
one act are often sold outright, but it is
a small nightly fee if possible, and a sum
It is extremely
of such fees in any event.
the amateur rights of one-act plays should
AGENTS.
authors should seek the advice of the
Society before putting plays into the hands of
agents. . As the law stands at present, an agent
who has once had a play in his hands may acquire a
perpetual
claim to a percentage
on the author's fees
plays
concerned,
from
As far
the placing
may
general rule that there are only
taken
very few agents who can do anything for an author
that he cannot, under the guidance
the Society, do
equally well
better for himself.
The collection
fees
many
also
matter
which
cases no intermediary
required.
purposes,
For certain
such
the collection
general the trans
fees on amateur performances,
and
frequent
petty
action
authorisations
with different
individuals, and also for the collection
foreign
fees
countries, almost all dramatic authors employ agents; and
agents are real and valuable.
these ways the services
But the Society warns authors against agents who profess
plays, or
have influence with managers
the placing
principals by offering
purchase
who propose
act
any case,
the author's rights.
the present state
the law, an agent should not be employed under any
by the
circumstances without an agreement approved
Society.
to
4. Plays in
better to obtain
paid in advance
important that
be reserved.
AND
º-º-º
of
other safeguards set out under heading (b.) apply
also in this case.
AUTHORS
RAMATIC
is
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
(c.) Sale
DRAMATIC
in
(b.) 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.
to
270
�TISIE AUTISIOR.
GENERAL NOTES.
271
THE PRESIDENT
of
as
to
of
in
of
of
in
It
is
of a
of
in
to
as
of
to
of
to
to
it
to
of
us
in
of
of
of
is
a
It
of
of
to
to
a
of
to
in
21
on
of
of
he
as
a
as
a
a
in
a
a
on
he
a
of
;
of
by
his
he
if
or
he
he
a
he
;
he
to
he
in
in
he
in
to
It
be
Sawyer,
Roughing It, and the travel books,
long ago anticipated that Autobiography
which
yet
come.
must also
said that
energy, versatility, acuteness, and
was American
humour,
superficiality
was also American
and deficiency
the aesthetic sense.
He was not
content
hate humbug,
must"also
contemn
what
could not appreciate
had but little
power
self-criticism.
great man,
But
was not precisely
even
perhaps
great writer,
greatness
had elements
both
his life and his work.
The spontaneity
itselfgave him
humour
high rank amongst men
letters
whilst the
of
as
is
April
death
Mark Twain
over
shadows everything
else
the recent
literature,
annals
American
for Mr.
Clemens was
national institution like Abraham
Lincoln and Mr. Roosevelt, and was
typical
American
other ways
well
humorist.
Before
commenced writing
had been painter,
pilot
able editor,
the Mississippi,
confederate
soldier,
Huckleberry Finn, , Tom
miner.
if of
to
of we
is
on
HE
a
;
J.
B.
on
R.
by
to
be
of
give precedence
accustomed
the public
the publishers that
note with some amuse
ment that the heading
the cricket cards issued
the ground runs
Publishers and Authors.
We are glad that the authors upset this position
far
the result
the match
concerned.
of
º-e
UNITED STATES NOTES.
in
1.
in
to
at
as
of
on
I
of
of a
on
to
in
on
an
In
So
first innings.
as
e
MAURICE HEWLETT.
º-º-º
authors who were successful, though the match was
exciting one.
Mr. Snaith and Mr. Hesketh
Prichard made the highest scores for the authors
Mr. Dene and Mr. Longman for the publishers.
As far
the bowling was concerned, Mr. Hesketh
Prichard and Mr. Irwin divided the honours for
the authors, and Mr. Longman took the largest
number
wickets for the publishers.
the second innings, there was one century
scored
behalf
the authors
Mr.
Scott, but the match had
decided
the
to
(Signed)
AND PUBLISHERS.
WE are interested
see that authors and pub
friendly rivalry
met
Lord's Cricket
Derby Day, June
Field
The match was
just too late
chronicle
the June number, but
we must even
this late date congratulate the
lishers
inspire and enhearten every one
great
us.
matter for us, and for those who yet remain outside our
body, that you should celebrate your seventieth year
life
by the publication
book
beautiful
and stirring
poetry.
We look forward with confidence
further
volumes, and sincerely wish you the health and vigour
accomplish what your mind may conceive.
be, my dear Hardy,
Believe me
Yours ever sincerely,
is
AUTHORS
:
forwarded under the signature
the Chairman
the Committee, Mr. Maurice Hewlett,
accordance
with this resolution
10th June, 1910.
MY DEAR HARDY,--I find that the Committee
our
Society,
my absence, has laid upon me the happy duty
congratulating you upon your recent seventieth birthday.
This do now, and heartily,
the name
all.
pride
matter
me that
has fallen within my term
office
invite you
the Presidency
the Authors
Society and
have received your acceptance
the post.
Collectively now,
individually always, we writers are
your successes. You have set
able
follow and rejoice
literary sincerity and
from the very outset an example
which,
apart
honour
from your genius, cannot have failed
on
of
be
a
of
of
a
in
of
by
in
sympathy (accompanied
the case
those
foreign languages
Russian translations) received
by the committee, the volume concludes with
list
the memorial wreaths offered. Two illustrations
present
portrait
Gogol and
view
the
Gogol Memorial Statue. The letter
the Society
page 245.
Authors will
found
of
of
of
in
of
all
THE Russian Society of the Friends of Russian
Iliterature" has very courteously
sent us the
Official Report of the Centenary of Gogol.
The
volume contains a very full record of the pro
ceedings on the actual centenary of the birth of
Gogol, March 29, and on the three days of the
April 26, 27, and 28, 1909.
festivities,
The
unveiling of the Gogol Memorial Statue at Moscow
took place on April 26, having been preceded by a
solemn requiem mass in the Cathedral
of the
Saviour.
A considerable number of papers on
Gogol were read during the festivities, and will be
welcomed by the students of Russian literature as
substantial additions to what has been hitherto
known of the celebrated novelist.
After a com
plete record of
congratulation and
the letters
us
1909.
to
GOGOL CENTENARY,
SOCIETY
AT the first meeting
the Committee after the
seventieth birthday
the President
the Society,
Mr. Thomas Hardy, the Committee,
representing
the members
the Society, decided
send Mr.
Hardy letter
congratulation.
We have much
pleasure
printing below the letter that has been
a
MEMBERS are reminded that The Author is not
published in August or September.
The next issue
will appear in October.
OF THE
of
º-º-º
�";
at
to
at
we
at
he of
of
of
by
by
of
is
he
It
it
is
on
a
byin is
a a
of
to
of
is
is
of
on
a
of
a
of
"
is
of
if
he
he
D.
In
to
-
is
so
of
of
in
of
it
at
in
an
to
to
fit or
to
of
of
on
of
It
S.
is
of
historical novel
rather unusual quality
Mary
purports
Nathan Burke,
Watts.
the autobiography
General Nathan Burke,
by
in
to
a
of
of
clear and unpre
numerous excellent
many other novelists,
Winston Churchill, like
has attacked the American marriage question.
His
latest work,
A Modern Chronicle,
admitted on
literary power.
hands
show
advance
On the other hand, Marion Crawford's posthum
ous book, The Undesirable Governess, can hardly
said
show him
his best, though
has
much undeniable cleverness.
Prof. Brander Matthews,
A Study
the
Drama,
has crystallised
the contents
much
periodical writing. Whilst his grasp
the subject
very generally conceded, not everyone will
will
accept his views
Ibsen,
the parochialism
writing plays
his defence
the practice
players.
of
of
he
at
a
;
to
a
in
a
of
is
do
a
is
to
a
a
he
to
of
to
describing them
sell books
methods
Walter Pater and
Henry James.
He tells how
heard
fellow
traveller give the straight dope
customer
and beheld the latter's nodding assent.
This
merchandise, and you want
novel here
hundred
copies; this
literature, and one will about
you.
buyer
big depart
The testimony
ment store, one Hammelstein,
was
the same
bought novels
genuine literary
effect
time, and this Hammelstein
merit one
was
one whose aim was to pick the winners.
Another customer, who was discovered
his
cellar, allowed there was quite
movement among
get their
some
the married ladies
the town
relates his efforts
according
the
history, written
tribution
tending style, and illustrated
maps.
be
he
by
of
a
to
a
of
return
better things; and we trust that
will prove right.
New York, through the Bookman, contributes
Literary Drummer,
The Confessions
who
of
of
in
of
to
of
a
be
in
;
we in
of
"
in
";
of
and practice
the dogma
blames the magazines (justly,
our
opinion) for their levelling-down tendencies; but
makes his
last indictment
the fact that of
late literature
has been edited for women.
He
but
improvement
finds signs
our prose
poetry
concludes wisely that until
believe
again, we shall not
saved.
Meanwhile there comes wail from Boston over
promising fiction
the way editors get hold
writers and turn them on
other and more lucra
tive tasks, filling up their places with the detective
story and
the frankly farcical adventures
missionaries
cannibal lands.
But the Wation
leader-writer, like Mr. Moore, discerns indications
In
an
preaching
all
the
realism
from the other
his Admiral s Log, Robley
Evans con
Amongst other
tinues his breezy Recollections.
things,
tells how, before
set out for his
Eastern cruise, President Roosevelt said that he
sailed with the confidence of the President more
completely than any admiral ever did before, and
bade him realise his responsibility
the cruise
should not turn out peaceful. The Admiral's account
his interview
with the Dowager Empress
China
still more remarkable.
George
his Recollections
Varied Life
Cary Eggleston draws
very attractive picture
Virginian life before the war, and later
narrates
many anecdotes
his literary and journalistic
career.
An interesting feature
the more favour
able estimate than that usually current which
Bryant,
given
whom the author was assistant
on the New York Evening Post.
book,
Miss Lois Kimball Matthews's
The
Expansion
New England
substantial con
be
to
to
He traces the existing comparative dulness and
poverty" more
appetite for the didactic than
home and read novels instead
material and requires supplementing
side.
A
of
of
an
in
a
as
to
is all
;
it
to
old and young, must have been very
print
our contemporary
formed
possible testimonials
the best
the apprecia
tion which
felt for the Chicago organ
force
in literature.
Mr. Charles Leonard Moore,
the anniversary
interesting
number
the paper, has
article
upon The Interregnum
American Literature.
of to
and west,
pleasant
stay
playing poker down
but,
the Elks' Club
added, that's sorter died out.
And
the last,
are told how the poor
capitulates
drummer
commercialism
and
drops Pater and Mr. James.
has been announced that Booth Tarkington's
being identical
father
also among the authors,
with John Steventon, author
The Hermit
Capri, issued some time since
the Harpers.
Two books
sailors stand out among spring
publications.
Rear-Admiral Chadwick has written
useful account of The Relations
the United
States and Spain,
which has historical merit,
naturally based chiefly
though
American
be
of
congratulating the Dial on
thirtieth birthday.
good wishes which came from east
The chorus
husbands
to
its
noble struggle which he made when entering upon
old age to retrieve the failure of the Webster
fiasco justifies a comparison with that of a great
British author a century before. But Mark Twain
was in this respect even more successful
than
Scott ; for he lived to see the fruit of his labours,
and to enjoy an abundantly honoured old age. It is
highly satisfactory to have the statement of the
Harpers that his daughter is amply provided for.
His other literary executor,
besides
Mrs.
Gabrilowitsch, is Mr. Albert Bigelow Paine.
We take this somewhat tardy opportunity of
to
TISIE AUTISIOR.
272
�TFIE AUTISIOR.
war and afterwards
mem
as
in
to
by
at
at
of
in
to
on
to
I.,
of
by
of
of
of
to
a
he
to
of
CONGRESS.
to
by
of
a
of
in
PRESS
an
THE FOURTEENTH INTERNATIONAL
of
a
on
of
A.
D.
a
a
byon
of of
in
of
of
of
of
at
of
of
on
of
Boston University, and author
some excel
Philosophy and Ethics, several
lent works
which have been translated into various European
languages; Myra Kelly (Mrs. Allan Macnaughton),
popular writer
short stories; William Graham
Yale, and
Sumner, Professor
Political Science
Banking,
author
A History
the United
States,
lives
Andrew Jackson, Alexander
Hamilton, Robert Morris, and other works.
at
no
of
of
;
;
in
in
of
of
at
Johns Hopkins, which was the chief but
means the only field
his achievements.
Our obituary
list includes Prof. Alexander
Agassiz, the well-known Zoologist, and President
Company,
the Calumet and Hecla Mining
who, born
Switzerland, graduated from Harvard
1855
Orville Victor, who wrote much upon
the Civil War
Dr. Borden Parker Bowne,
Dean
the Graduate School
Arts and Science,
Louis, were out
England, Major
represented the association, and Mr.
Gratwicke
James Baker took Mr. Louis' place
the Com
mittee of Direction.
After
drive round the
town,
banquet was held
the Hall
the
Then, on the return
Chamber
Commerce.
delightful run
Capo
Trieste after
boat
d Istria,
reception was given
Prince and
Princess Hohenlohe
their official residence.
The business
the Conference began
9.30 a.m.
board the Thalia. The assembly was presided over
President Singer, supported
Prince Hohen
Direction,
lohe, and the members
the Committee
including the General Secretary, M. Taunay, and
Herr Schweitzer, the Hon. Treasurer.
There were
about 200 journalists present.
The President,
respectful reference
after the usual word
His
Imperial and Apostolic Majesty Franz Joseph
which the whole assembly stood, went
speak
the historical event that had put the
mourning,
whole
the great English nation
King Edward the VII. Their thanks,
the death
continued, were due
their colleagues for the
success
of the
London Conference.
Prince
Hohenlohe,
the name
the Austrian Govern
ment, then welcomed the members
from the
various nations.
His words were emphatic upon
open and free Press, for
the value
said
Government
that was enforced
work without
the concurrence of the Press was like
deaf and
dumb man cut off from the outer world and con
demned
unfruitful life. After the general
meeting was over the Committee
Direction met,
Mr.
he
by
all
Jack London's latest volume, a collection of
stories entitled
Lost Face, will please a very
different set of readers, the hunters after realism.
The Life of Daniel Coit Gilman, by Dr.
Fabian Franklin, will be of interest to
educa
tionalists.
The author was Dr. Gilman's colleague
a
As
the case of the London Conference the
representatives
were
limited
two for each
association, and
both
the President,
Mr.
Arthur Spurgeon, and the Bureau representative,
to
a
in
a hero of the Mexican
ber of the Ohio bar.
273
of
an
at
en
I.,
to
of
of
of
;
;
:
by
as
A
in
on
at
a
of
a
to
of
at
of
of
a
to
of
of
of of
be
of
to
of
the Lloyds.
a
on of ;
of
at
a
of
on
to
at
a
of
P
of
to
an
:
be
by
on
as
a
It
in
in
the great Hall
and the statutes debated and passed
London
vigeur, and the officers for five
were declared
years,
the new statutes, were elected.
Vice-Presidents,
The President, Herr Singer
Paris;
Hebrard,
M. M. Schweitzer,
Berlin
Ralmondi, Rome
Secretan, Switzerland.
General
Secretaries, Taunay and Janzon. Signor Ralmondi,
Signor Cantalupi.
thus taking the place
Herr
Berlin, was re-elected Treasurer.
Schweitzer,
telegram
homage and good wishes from the
Imperial
Conference
was despatched
His
Majesty, Francis Joseph
which was acknowledged
by
marconigram from Buda Pest, the Emperor
wishing the Conference
pleasant sojourn
his
dominions.
This was read
the next business
sitting
board,
the Congress, which was held
May 20, after
visit
the fantastic
and
fascinating Blue Grotto
the Island
Busi.
The discussion
the meeting was upon the
journalist
power and right
judges
enforce
divulge professional Secrets.
The state
the
on
I
to
in
of
as
I
in
of
of
in
N
The Author for November, 1909,
the International Conference
London,
say
the Press held
had
could not follow the sequence,
the Thirteenth
Congress
the Press would take place
Rome
but
the Bureau Central has adopted the title
the Fourteenth Congress, for the one just held
board liner
the Adriatic, presumably the Rome
calling the
Congress will
the Fifteenth
intervening
Conference, did
London Congress
they wish
avoid the supposed evil number
thirteen
was
most happy idea
President Wilhelm
May
Singer
hold the Conference,
the end
1910,
board
liner.
The rendezvous was
Trieste, where the International Press men were
cordially received.
His Serene Highness
the
Governor
the Province, Prince Hohenlohe, His
Excellency Dr. von Derschatta, the President
the Austrian Lloyds (upon whose liner, the Thalia,
held), the President
the Conference was
Commerce, the Mayor
the Trieste Chamber
Trieste, and other notables received the members
to
writing
the account
to
a
0-0-0
�TFIE AUTISIOR.
unanimously.
The holding of this Congress on board ship,
instead of lessening the debates and opportunities
of intimate conversation, really increased these
opportunities.
And the excursions and banquets
did not occupy so much time as usual.
But the
views of the coast of Dalmatia, the scenes at Pola
and Brioni, and above all the entrance to the
Bocche di Cattaro, and the drive up to the frontier
of Montenegro were much enjoyed, as also was the
visit to lovely Ragusa.
At Abbazia an illuminated concert was given,
and the final banquet held.
The writer, having
been before on the Istrian coast with the British
journalists, was asked to speak.
He expressed
the wish that Austria, the country so full of
marvels, of glorious scenery, and of such varied
peoples whose history was so full of romance and
dramatic interest, might be more widely known and
English-speaking people.
better understood by
After the official close
the Congress many
the members visited
the astounding
Stalactite
Adelsberg, and halted
Caverns
the interest
e
suggested
Graz
º-e
route for
JAMES BAKER.
AND HOW TO PROTECT THEM.
º-º-º
BY CRUSADER.
?
Is
it
to
to
at
question concerning
able
write
his
provoke
ease,
because
sure
criticism from chivalrous-minded
readers.
What
the position
women
writers
not
now
no man
is
pass
which
on
III.
of
and gets a seat where he can ; and it was proposed
that the delegates of each country should bring the
members, to
matter before their parliamentary
secure proper facilities for journalists for their
IDEAS,
E
The second part of the question turned upon
the facilities given to journalists for carrying out
their work in the parliaments.
In some countries
the journalist is only admitted with the public,
of
at
Laibach and
en
ing towns
Vienna.
is
the Press had the power by adopting
absolute silence upon such calumnies.
Men who
uttered them did it for notoriety, and silence killed
that.
was carried
all
This was brought forward under two heads:
as to the right of Members of Parliament,
under the protection of their immunity, to slander
and revile, not in a political sense, but even upon
personal matters, individuals and associations, and
Signor Wittoria suggested
especially pressmen.
this matter should be left alone, and the writer
first,
repeated in an enthusiastic
manner by
Signor Cohen.
After some discussion the place
of the next Congress was then put and Rome
Rome
of
tribunals and the election of judges for each
country for arranging international disputes upon
professional matters.
Mr. D. A. Louis, who had
representative,
been re-elected
as bureau
had
already been elected to act in this capacity by the
English association, and other countries made
their elections.
The question of Conseils de
Prudhommes,
as in vogue in Italy where these
trade judges had given compensation which had
been accepted as legal, was debated, and the
question of provident societies was decided to be
brought up at Rome.
The subject that caused the most ardent debate
was that of the relations between Parliament and
the Press.
questions to be considered at the Congress were
to be sent in by December 31 of each year, but
they did not come, and he appealed to members
to send to their presidents subjects to be con
sidered by the Bureau Central.
The place where the next Congress should be
held was then discussed, and the invitation from
to
he is
a
gates of each nation should work.
Major Gratwicke drew the president's attention
to the fact that the English delegates did not vote
upon this matter.
The third sitting of the Congress took place on
the morning of May 22, and, as the heat was very
great, this time under the upper, awning-enclosed
deck of the Thalia, which made a very good
Congress Hall.
The first subject debated was the professional
work and for means of communication with M.P.'s.
Mr. James Baker referred to the gallery and
lobby facilities afforded to English pressmen, and
recent developments of these facilities.
He was
asked to prepare a report of the English arrange
ments for the Rome Congress, M. Taunay remark
ing that, if British journalists were satisfied,
perhaps some foreign journalists living in England
might have something to say.
M. Taunay then brought up the point that
of
law being so different in other countries from that of
England, during the discussion, which was very
animated, and at which the delegates of Italy,
Switzerland,
France, Germany spoke, Mr. James
Baker explained that the English delegates had at
the Berlin Conference, through Mr. J. R. Fisher, one
of their members, put forward the English position
in this matter : and by his statement the English
*.
delegates must abide.
It was decided that international propaganda be
adopted in favour of the preservation of professional
secrecy
for journalists, and a general inquiry be
instituted
with the view of discovering a general
formula towards the realisation of which the dele
of
274
�TFIE AUTHOR.
If
at
of
to
by
of
;
a on
to
is to at
a
of
of
2
of
as
a
by
in to
of to
no
at
of
of
he
if
;
of
2
in
to
do
on
to
all
an
do
P
a
to
go
so
2
of
of
to
to
in
of
of
or
of
in
;
of
to
a
as
of
at
2
to
an
?
to
in
2
all
2
be
of
of
a
or
of
it
of
a
be
is
:
to
of
a
of
in
a us
of
circulating libraries
and the owners
Can we,
under the conditions
modern trade and subject
the demon
mad gambling, support
those
agents and yet
sure that we are doing the best
pay our debts and
we can
useful citizens
be
to
at
of
of
to
be
a
in
of
of
to
by
of be
be
to
by
at
be
a
is is
to
is
to
be
A
to
It
impossible
financier once said
me
philanthropies
understand
the wasteful
;
on
to
of
of
It
be
it
jury
British Isles. Then there would
public opinion between
and the many grievances
literary life
ups and
and injustices that make
downs far more precarious and Onerous than
Yet, somehow, we hang
need
and should be.
maga
making The Author
back from the duty
zine which the public would gladly buy.
of
exceedingly deficient
honour
you articles
and try
foist
which you had never commissioned ; that the
jealousy which they will exhibit
amount
not
creditable
their sex, and that their style
full
truisms and base journalese conventionali
Wrong produces wrong invariably, and
ties.
women start work handicapped
the sweating
system which they inherit from age
age.
only
collecting facts,
shown
the
general public, that urgent matters
this sort can
Very little can
bettered.
done without help
from public opinion.
Yet authors are not
all
eager
speedy manner.
win that help
This
magazine, for instance, ought
something
much more than the official organ
our society;
literary papers, with
should
the head
household suffrage
its own
all parts
the
in
journalists are
able instincts,
2
"
in A
a
to
to
on
hazardous for themselves and less harmful
its
action
the market prices offered
men.
Far
tendency
too often their position has
debase
their character.
recent book on
Modern
says,
cowardly language, that lady
Journalism
a by
of
is
by
which women
be made less
common
as of
then the long struggle
have to encounter
can
business
publishing
the actual work
What
authors
gain
employing
many grasping agents that
Thackeray had
even
Dickens and
lecturing tours before they felt safe financially
These questions provoke the same astonishment
among many persons.
Authors
not know their
power.
Each feels isolated from his fellows, and
stumbles alone up
old and ill-kept road, with
many pitfalls lying about his feet.
that,
For
logic rules the world, and the day will come when
the pitiless logic
events will compel authors
Every
publish their own work.
unite and
competition brings this day nearer and
increase
nearer,
authors are always the first
suffer
from the waywardness
misfortune
trade. For
long time writers
fiction were exempt, more
less, from the dire hardships that pressed upon
other writers, essayists, historians, and students
many other kinds
the past
research
but now
that novels and stories are carried along
the
usual course
modern trade through over-produc
cheapness, our society,
tion into the cesspool
whole, has
very simple question
consider.
Whither are we going
Can we
the same
moment support ourselves and our homes and
yet encourage
competition
among
insane
tradesmen
We are subject
the law that the
fittest survive
but among which class connected
with literature are we
look for the fittest
Among ourselves,
among publishing speculators,
booksellers, printers, dealers
remainder copies,
in
business;
writers
all It
on ?
on
to
to
2
of
to
to
of
be
In
check their bad influence.
this inquiry atten
given
tion would
course
those magazines
and weekly papers which appeal
women.
What
payment, and what their probable
are their rates
revenue from advertisements
What influences
are brought
bear
contributors
neces
sary
gather full information
points
any
had
hands
the thousand traders who
the present
time treat authors with
more respect than mine
Owners used
show
colliers.
There are mines
literary ideas. Why aren't
gold and
silver
they worked
authors for their profession
publishing
whole
Don't you need the profits
for pension funds and for the encouragement
those types
literature which have never appealed
the great public
Authors cannot escape from
the commercial side
their profession
each must
understand publishing methods
feels called
upon
get fair treatment for his work; and this
being so, why not use this necessary knowledge
to
of
on
by
to to
of
a
a
a
of
to
at home with their parents; and
this hateful
dilettantism gives encouragement
the old business
paying women
custom
dwindled price for their
good many others,
labour.
These matters, and
need patient and thorough consideration from
sub-committee
women writers,
with special
reference
their effects
the profession
letters and
the means
which our society may
they
all they would see that they have the
power
own and run all the publishing that the
public
support.
able
Publishers are quite
unnecessary
their profits, and all the profits
magazines, ought
flow into the exchequer
Vast trade managed
authors for their common
good.
Instead
this organisation writers prefer
never-ending dispute for ordinary justice
the
to
all
Women can afford to write for one thing only the
pleasure of seeing their copy in print ; they forget
that their competition is a dastardly flanking attack
On the professional authoress who has to earn her
bread by her pen.
Other lady amateurs write for
pin-money because they are able to live in comfort
authors.
sense
a
Workmanship 2 This fact
too often it is discreditable
to
value of all
is indisputable,
and
to their sex.
Some
true that women lower the market
275
�TISIE AUTISIOR.
of
all
is
a of
at
be
or
as of of
a
a
in
to
by
is
of he
;
to
;
a
to is
to
a
is
so in
a
;
to
as
as
is
It
A
a
of
a
is
a
a
AA
in
2. 1.
3.
in
a
a
as
;
at
in
by
or
he
he
he
of
to
do
of
P
it
be
a
to
at
is
in
a
to
to
of
to
a
as
to
is
he
its
;
by
in
of
;
is
to
It
by
of
So, then, the follies
remaindering
are very
They discredit authors
the opinion
private buyers; they
both
booksellers and
give rise
belief that publishing methods ought
never
trusted
and they discourage the pur
chasing
expensive books, since they betray
everybody who buys
the full net price.
of
in
harmful.
at
;
to of
in an
is
be
the second-hand tradesmen and
a
is
It
byit
in
of
in
would
men who
just benefactor
their customers.
of be to
he
to
or
he
by
he
on
In
is,
a
at
a
of
to
a
chances are that the money invested
used more safely
novels written
?
in of
to
a
no
of
a
a
to
standing odds with the
its production is
publisher's
routine
finance.
does not
attract
the circulating libraries, its appeal
addressed
small section
the public, and the
as
of
to
of
a
he to of
is
in in
quite incalculable.
As rule
adds that his
loss has not been wiped off
the remainder
ing, and this has
great effect
the minds
authors, who, somehow, are usually prepared
take sides against their own interests.
Let us then see what aims the remainder
system
tries
make real.
the first place,
expensive book that
book that costs much
is a
at
to
to
is
or
to
is
a
I
that good sense cannot
Why should
more.
compile address books
those readers and students
Why should
special subjects
who take delight
he write to them and send attractive circulars not
once, but many times over
period
least two
years
done, but
All this ought
would
upset his system
finance and add greatly
his
work.
He would have
become thorough sales
publisher, and give personal and
man
well
prolonged attention
each author's work and
job his stock into the
interests.
far simpler
remainder market
then booksellers and second
hand dealers will
course
time find buyers.
Many book
own,
this means has come
and
sold to-day for more than its published
price.
Its author benefits not one farthing
certain
with justice ask him
a
as
to
by
a
is
in
able
tell his authors that
gave
has done the very best
could for them.
you
good display
says,
the shops,
writes
you
my lists
books, got out
advertised
circulars, but you know what the public
to-day
Stereotyped
of
a
to
of
of
to
a
in
of
is
all
publisher who
publisher now feels that
has done his routine
duty towards his author; and his methods being
to
a
of
us
it
of
a
is,
it,
issued
tradesman whose name
connected with remaindering
tactics.
Once
bitten, twice shy,
the motto
careful book
sellers
this matter.
From certain publishers,
well known, they are willing
take expensive
return,
books on sale
lamentable system
trade for authors, because booksellers are not
push the sale
the least likely
borrowed book
when they have their own purchased stock
turn
consequence
into profit.
That
the
4.
is
It
in
to
of
upof
work which
to
On
at
a
as
it
popular favourites whose sales are large must not
forget the less fortunate many who share, with our
waiting till tiny
late president, the difficulty
bigger one.
circle
readers grows slowly into
These facts alone call upon
consider with
publishing our
care and pluck the expediency
tossing
own work instead
into the maëlstrom
speculation and competition that now swallows
huge percentage
and destroys
books.
important.
But there are other facts every whit
There
for example, that dishonesty which
the
present time
remainders expensive books long
before they have had
chance
find their public.
One publisher,
revolt against this vile custom,
has appealed for help
the booksellers, but book
sellers,
course, are able
protect themselves
buy any expensive
from
since they can refuse
5.
to
a
or
in
in
of
a
a
editions are friendly
this rolling finance which
gathers profit
snowball gains
size when you
turn
over and over in the Snow.
not on
small editions that authors can live, and the few
Sale
thousand copies each. Six
novels
this type can
issued
about
the same cost
one book with many good illus
trations and 85,000 words
text. Every publisher
growing competition
knows this, and yet there
many kinds,
costly and
illustrated work
Why? The reasons are many
hazardous.
publisher s
novelties
must have variety.
good many illustrated books have had
huge sale, the largest known being more than
27,000 copies.
There
thus
chance that bold experiment
high cost
production may bring
large
profit and enhance the publisher's reputation.
often easy
sell good editions
sheets
the U.S.A.,
well
other editions
the
British Colonies
and
good book with illustrations fetches
better price
the remainder market than any
other book,
that this fact
from the first
comfort
the publisher.
When the price per
high, above £1,
copy
able with tact and
good deal
skill
cover
his cost
his first sales
outside Great Britain
then come the second sales,
bookseller here and there who happens
know
buyers
next, the third sales,
few certain
gathered
circulars, which are usually distributed
more
less
random
and then the reviews
important journals, when good, find some pur
chasers also, though not many
rule.
The
have
Seven
to
a
all
I
question that publishers
have proved beyond
could thrive while authors starved, owing
their
using the same
system
finance, which consists
money three
year, with the result
four times
that even
small profit per cent. On each turnover
very handsome profit per cent.
becomes
the
several turnovers.
There are publishers who aim
deliberately
little editions, just because little
a
276
�TFIE AUTISIOR.
to
is
no
to
;
to
to to
in
to
to
P
of to
I
so
of
a a
is
in
is
on
.
.
.
to
in a
in
a
a
It
as
be
a
in
of
in
a a
a
of
of
a
to
or
it
2
A
is
;
;
its or
of
or
is
to
an
if
in
of
to
an
It
to
of
it
to
of
a
of
at
of
in of
of
of
;
a
be
to
is to
a
in
or
It
be
as
at
an
is
it
be
it
a
a
a
final line for the author's signature.
very
official book
this kind would have
useful moral effect, for
would prove
men
patents, value
business that authors, like owners
their ideas and wish that fact
be known.
would prove, also, that authors, whom business
incurably unpractical, have
easy
men regard
keeping counterfoils
means
all their business
transactions.
Writers
short stories, for instance,
give
would
able
brief the main outlines
any
their plots, and this would help them
moment
find out whether any magazine had
used their ideas after rejecting their copy.
not suppose that
counterfoil book
to
to
a or
an
is
no
;
to
on
to by
of
of
(g)
An
of
to
if
is
of
it
;
or
to
in
a
is
or
(f)
be
be
to
of
as
in
a
or
thinking about
more likely
set tradesmen
This, unluckily,
variants
his planned treatment.
ever
risk.
You have an idea for book and
think out your plan, putting aside many other
ways
which
could
treated.
This done, you
try
market, and you cannot foresee by
find
opened.
may
whom your letter will
the
great business,
perhaps his secretary,
chief
perhaps
subordinate
some department
; (e)
of
in
overcrowded days.
Still, there's one more grievance
considered
Literary ideas
this drama
disenchantments.
they belonged
everybody,
are often stolen,
like expired copyrights.
To suggest
idea
scheme
work
often like offering money
tramp
goes, and you gain nothing.
Publisher
cribs from publisher, and says that competition
safe, either
drives him
the act
new idea
Again and again five
before
after publication.
six books
the same topic appear
the same
time, showing how hard
get
for
author
submitting projects.
commissions
He
far
(b) another line for the author's address
(c) and another for the date
eight lines, perhaps ten, for the
(d) seven
project and
planned treatment;
three lines for variants
the suggested
title
six
seven lines
show that the subject
This,
course,
can
treated
other ways.
very important,
protect his
author wants
idea
be
be
us
grumble and
unpractical.
easy.
As
let
last, and wasted lives don t count
The end comes
for much, after all,
the brief season
our
;
the market
their own work their position would
at is,
be
they controlled
as
if
If
to
it of do
2
to
as
of
Yet, into this hurly-burly
borrowing the
publishers
hurls his bombshells,
stop all private buying.
What are
remainderer
were eager
authors
publishers
a
a
A
it.
I
do
that they are defrauding authors.
To enjoy a book
without paying for that enjoyment is as mean as it
would be to beg for a free dinner at a public
eating-house.
A little time ago a friend wrote
to a novelist and said:
Your books are having a
splendid success.
I hope your average sales have
now reached 10,000 copies, for then you will be
able to demand a royalty of 25 per cent. On the
published price.
The novelist, writing from the
Continent, said in reply: Ten thousand copies
Good heavens ! Well do know my public. There's
an English colony in this town, and one poor,
draggled, battered copy of my last book has proved
enough.
Everyone here has thumbed it and read
single copy has
long life.
but, anyhow, your scheme
suggest
certain
practical
many variations
any mind having
intelligence.
again,
though
Those variations,
springing from your idea, have often
evident
your proposal, yet they cancel what
likeness
you wish
Consider, then, your risk.
do.
You
you
ask business minds
think for themselves
modify your ideas into new forms;
invite them
Why?
and yet you expect
succeed.
Novelists are not troubled
this way, but many
writers are all the year round.
Have you ever
received
letter beginning thus:
Curiously enough, we have already
hand
yours, but more popular
Scheme very similar
its treatment
But the matter does not end here. Short stories
run many dangers, for I m not aware that any
publishing office binds its staff
oath never
plot which
mention
read
the course
business.
also
fact that good plots, good
finding their way
ideas, once read, have
habit
into the reader's conversation.
And
believ
great many literary thefts are unintentional,
that
great many plagiarisms; but,
any case,
like
We must do what we can to set limits to their
harmfulness.
Our society, by its registration
right direction, and
plays, has taken one step
suggested.
think that another
useful may
Indeed, why should not our society issue for its
members
counterfoil book for projects, bearing
largish
the official stamp
the society, and
size
For
would need
(a)
line for the publisher
editor
whom
submitted;
the project
I
a time when
I
the great majority of persons
hire books from libraries or borrow them
from reading clubs, it is fatal to strike at the con
fidence of those who do buy new work from authors.
Free libraries, circulating libraries, reading clubs,
and other agencies to turn us into borrowers and
hirers, are surely enough for any author to com
pete against.
Yet any one who has a good book
People
is sure to be asked to lend it to his friends.
who would be ashamed to borrow knives and forks,
or boots and umbrellas, thank their lucky stars
when they are able to get books without paying a
penny for a day s reading.
It never seems to them
At
either
277
�TISIE AUTISIOR.
.
on
to
by
as or
of
in
of
to
to
of
to
of
a
de
of
by
as
as
of
if
be
to
to
I
an
of
on
on
it
of
an
of
an in
to
up
in
it,
I
to
it
to
on
he
on
a
he
of
a
to
an
by
of
of
lost
control
his temper which was not the
sweetest
the best
times threw the article
and magazine
the floor, snapped his fingers
wildly, paced the room
high dudgeon,
state
of
a
in
on
at
a
of
be
a
of
of
I
an
position
editor, but one occupying
author nor
affording
facilities for obtaining reliable data
respecting the relations subsisting between editors
and contributors, any remarks
make will
purely disinterested character.
Editor,
correspondent,
impugns
Your
An
the
assertion
A Contributor that editors do not
read the manuscripts
unknown men, and
it
the
an
of
neither
he
of
regarding
all
?
words
And being
I
a
a
few
"
say
a
to
to
of
a
S
reader of The Author and
member of the
literary and editorial staff
magazine,
your
will you extend
me the hospitality
Editorial Attitude
be
by
be
be
of
to
as
of
I
an
on
it to
be
to
THE EDITORIAL ATTITUDE.
columns
of
a
of
of
in
of
it
as
of
as
of
A
;
I
in
I
;
of
[O
to
in
on
to a
is
a
to
I
editor
this time
article also taken from
back number, but from the pen
one
the
happened
editor's most gifted contributors.
present when the editor rejected
and
point out
ventured
him his inconsistency
rejecting
the plea that
it was not
his
standard,
considering
had already appeared
his paper an assertion that not only met with
emphatic denial but brought about fervens difficil;
bile jocur, for
asserted with extreme acerbity
my part
say that
that
was preposterous
such unadulterated rubbish could ever have been
accepted
him.
As my veracity was questioned
compare
asked him
article
certain
page
specific date with that
his paper
which
was rejecting.
On this being done
same
OP-e
If
as
to
all
or is
he
In
A
literary work
tradesmen.
I
a
speculative
often needed just
by
what they
of
gain
to
have yet
control over the use made
so us
of
sorrows
their lives? And, since we who love their
work are their children, let
remember that we
the writings
men who command the ear
the
public, when their writings are submitted under
other names,
was revealed
means
ruse
guerre.
new writer complained
me
the
hopelessness
any one unknown
Securing fair
expressed great surprise, and was
treatment
my denial
confident
the accusation
An
Editor ; whereupon the writer replied,
will
prove what
say
you
the absolute truth
form one
the party and agree
the experi
ment being tried
the editor
the paper with
assented, and
which you are connected.
early number
article from
the paper was
copied and duly sent in, with the result that
was rejected.
further attempt was made
the
of
to
all
in
it
of
I
.
is
a
of
in
of
of a its
to
a
ghosts
the simple great ones gone, from
Chaucer to Meredith.
Who can estimate the total
characterises the accusation
all nonsense.
from this we are
believe
An Editor does
read
the manuscripts sent
his paper,
which
there for would-be contributors, and
accepts
rejects same entirely
their merits,
exception which
then
must constitute
that
curiosity well
proves the rule, and
certainly
worth paying
considerable sum
look at.
order
test the value
his opinion
this
matter,
will give An Editor
few examples
the discourteous treatment accorded contributors
which have come under my own personal know
ledge, and these not
connection with papers
magazines
stigmatised
the type that can
a queer lot, while the matter could not
the
imagination
widest expansion
said
justify payment
whisky
such
character
and cigars.
To this end,
will not take the case
new
reputation,
writers but men
established
which case
will be seen that the editorial false
hood, with regard
the incapability
new
writers,
finished and perfect with regard
is
a
to
of
of of
a
it
it
;
in
It
I
is
a
;
to
an
be
all to
to
at
no
in a
of
to
of
by
byto
is
to
;
as
;
a
it.
as
a
projects would be anything more than a deterrent
influence, because, as a judge once said in court,
there is no honour in trade.
Business life is a war,
pitiless and relentless, and the utmost we can do is
to scheme some protection for our work and our
selves. And everybody knows what happens when
an author tries to follow the business routine of
copied letters and the rest of
He cannot
rule afford
clerk his writing requires incessant
patience and concentration
and although,
Balzac said,
dream over literary projects
like
smoking enchanted cigarettes, the projects, when
realised, are often exceedingly difficult
So,
sell.
others,
absorbed
some things and harassed
adding
writer soon gets tired
his day s work
system
business routine, which clerks carry out
offices.
Publishers and editors know all this.
What they call business has
relation
all
work as authors know work.
Yet authors are
They are advised
expected
their own clerks.
copy
keep
their letters,
exact record
all their transactions, and what not besides
but
this advice will never be followed for more than
why
suggest this counter
few weeks.
That
doing
foil book for projects a simple means
much
little.
would save great deal
letter
writing
would give some real protection
ideas; and
would not be more troublesome than
cheque-book
size unusually large.
Ideas, and how
protect them
That
author
ship
long and tragic history.
think some
times
Parliament
the Dead, and see
the
a
27S
�TFIE AUTISIOR.
do
or
of
?
"
on
a
to
to
I
of
It
to
it
in
it
to
if
to
if
it
of
be
to
is
*
of a
of
in
of
is
if
of
no of a
at
In to
is
a
is is
to
of
a
; a
in
of
of
a
of
of
it
is
of
of
in
to
a
in
on
in
on
in
in
Prose and
Sir John Suckling
Works
notes, by A.
edited, with introduction and
Sons.
London George Routledge
Hamilton Thompson.
1910, 8vo.
The
of
Werse,
:
a
by
of
I
torrents from the press;
other books which fall
account
this account, but
not only
but
which the work has
the excellent manner
also
accomplished, that we tender our sincere
been
of it
is
of
a
is
of
be
a
texts (which time and human fallibility corrupt
only too rapidly without any barbarian's deliberately
destroyer's hand
setting
the work), and for
superficiality,
those who still
the propagation
solid affection for letters must feel always
retain
any worker who
more than ordinarily grateful
will embark upon the laborious task involved
any author's works
complete and critical edition
possible
edition from which
the only kind
right conception
gather
his
the man and
place
Publications
literature.
the history
comparison with the multitude
this kind are rare
to
of
to
it,
of
so
be
Here (pulling
used.
stuff that they cannot
long
MS. from the waste-paper, basket)
The Essence
Screed we received christened
more appro
American Humour, which would
Nonsense, for
priately termed The Essence
On
have never seen.
more absurd farrago
the article,
Lowell acknowledging the paternity
Field's wrath was greater than his astonishment.
unknown
this does not prove that articles
it
of
in to
?
"
to
in
editor who presents the world with
complete critical edition
the works
any author, even
not one
the author
the book
written very large
whose name
great grati
fame,
all times
whom
man
anthologies,
these latter days
due.
tude
abridgments, boudlerizations,
one knows
and
how many other inventions for the corruption
of
it
an
he
its
of
a
all I
as
it
º-º-º
HE
*
be
to
to
a
to
to
he
no
SUCKLING.<
OF SIR JOHN
WORKS
THE
- -e-Q-6
&
of
of
a
is
of
of
an
in
F.
to
of
If
is
do
to
so on
it
be to
be
a
up
*-**
of
to
it
up
was then
the standard.
was not
On its
and accepted.
another editor
appearance, the editor
had been offered
whom
first, lifted
his own
holus-bolus and printed
Now,
paper without acknowledgment.
an
article, when sent for payment,
the
not up
possessed
standard, how comes
merit
pay,
used without having
can
when
avoid payment
not
AN ONLOOKER.
Sent
bya
of
of
on
to
in
Fields, and adroitly turned the conversa
humour, expressed great
the subject
Surprise
which
one had ever written upon
No one ever written upon
the editor replied:
large amount
articles treating
...We receive
desperately poor
that subject, but they are
on it
!
payment,
think
the question
With regard
the following will prove that editors desire
evade paying for contributions: An article not
style, the matter good, was sent
negligent
prominent editor and rejected,
the plea that
it
of
a
of
2
to
on
placed
These episodes certainly deserve
alongside that
the Atlantic Monthly.
the editor
find out the
The Hon. Russell Lowell desiring
prefulgent article
his work, wrote
real worth
American Humour, had
the Essence
copied
unfamiliar handwriting and forwarded
was
which paper
the Atlantic Monthly,
appearance
Not making
esteemed contributor.
his
know the fate
due time, and anxious
literary offspring,
called upon the editor, Mr.
If
that
be
to
to
of
in
a
2
an
or
shield
the Classics)
it
to
it
of
it
be
to
of
a
of
at it
of
capability
first page, determine the writer's
Arrogance
incapability.
often
Ignorance.
the
James
tion
Hope (now included
destitute of merit,
to
tº
his
he
its
of
no
do
it
a
an
as
in
was
to it
In in
bit
an
by
on
so
continue writing
harm
the writer
would
was clear from his work he
such articles, but
secure
did not possess the ability necessary
acceptance.
Could anything more calculated
consequence
produce rigation
the
the eyes,
produced among those who
excessive laughter
and surely never
conceived
the ruse,
knew
did presumptuous pride and didactic ignorance
inspire
more
the commission
man
man, the darling
expiable crime
Here was
University, unconsciously passing verdict
the
low
his own work and declaring
Value
accepted,
expect
was absurd ever
that
yet,
the same time, arrogantly setting himself
authority
other men. Surely
the works
these examples explode the arrogant contention
certain illustrated weekly
the literary critic
glancing precipitately over
editor can,
that
a
of of
Expression of the Emotions.
Another
editor, who is just a little
too well known
world,
was similarly tested.
the literary
returning
article which had been sent him
did
himself many years previously)
(Written
not reaching
the plea
likewise
standard, and added the consoling words
that
his
not receive the treatment they deserve,
men
required, unless
not know what more
not, how also
the editors suffer from acrisy.
the
editor
that the late James Payn,
was
Cornhill, rejected
did
John Inglesant
reject it after the manner
the sapient editor
Greenock paper, which enjoyed the distinction
Campbell's
dying twice, with regard
Pleasures
it
I
is
and, addressing me, employed language which was
entirely neological, since it was well,
won't
disgrace the columns of The Author by even saying
What it was while a snapshot of his face would
have furnished Darwin with an excellent plate for
279
�of
is
of
a
is
a
or
of
a
a
of
I
a
do
In
he
in
to
it
by
no
I
I
of
a
of
as
at
by
if
a
J.
in
to
Yours faithfully,
HENRY
SWALLOW.
be
Y.
a
I
Y.
to
to
to
an
to
a
to
of a a of
as
to
I I
be
is
go
so
to
or
1
on
so
it
to
of
of
at
a
by
I
If if
a
of to
of
a
it.
I
an
a
C.
!
W.
of of
in
be
of
it
Y.
of
as
of
If a
of
six shilling
only half
out for review.
second-rate circulating libraries,
to
at
novel are sent
these are sold
had received
it
of
a
newspaper, who
by
a
by
I
of
editor
gratis from the publisher.
Usually
least sixty copies
struggling
that
need not
into
As
dramatic author
can testify
bundle
com
plimentary
letters, promises
production
made, and then nothing more.
alteration
the Society
Authors could help us,
the manner
suggested
Z.,
doing
X.
would
act
profound charity, with the ghost
chance
doing something for the Drama
well
is
a
a
of
a
of
I
of
I
a
certain seaside circulating library,
paid twopence for three days use
six shilling
novel.
From entries therein,
found that eighty
five other persons had made like payments, making
total
fourteen shillings and fourpence for the
use
book which was still in active circulation.
also discovered that the borrowed book was
Review Copy, evidently purchased
the proprietor
the circulating library for a mere song
from
the
to
of be
REVIEW COPY.
by
SIR,-At
A
º-º-º
OF
of
while afterwards
alteration, which
CORRESPONDENCE.
THE STORY
slight
was asked
make
did,
the satisfaction
those
concerned.
was then told that my play would
running
West End theatre
the middle
May provided the society could raise sufficient
May has now been post
funds.
The middle
poned
September, and without
the middle
delayed
doubt when September comes
will
until the spring, and
The difficulty for
get their plays considered,
new authors
even
read
established managers,
well-known
to
º-e
recent issue X.
Z. drew
attention
the extremely unsatisfactory conditions
which exist for those dramatic authors whose work
has not yet been produced.
individuals,
As one
these much-to-be-pitied
convey my thanks
should like
X.
Z. for
Taking into considera
having opened this subject.
tion the very rare exception who proves the rule,
get
one may say that for
unknown author
something very near
his play produced amounts
impossibility. The Societies specially organised
help new dramatists are, from
practical point
view,
unsatisfactory
the established manage
ments.
The first play
sent
one
these
societies was promptly accepted, although
short
I
e
UNACTED.
I
as
a
of
to
in
to
its
to
atmosphere not
occasions rose superior
development.
hostile
We have
pleasure
heartily recommending this work
all
English literature.
lovers
little
GREAT
as
a
an
if
on
a
an
to
he
is
to
Hamilton Thompson concludes his introduction:
impossible
gay
It
doubt that beneath
[Suckling] possessed sound
and careless exterior
practical sense, and that his ambition
excel
high,
amateur wit only too often concealed
happy
somewhat fragile, poetic gift, which
THE
DEAR SIR,--In
of to an
It
all
it
of
to
of
a
in
a
of
a
as
he
to
to
be
to
is
at
of
:
of
to
of
in
If
an
In
by
of
in
as is
I
is
as
of
us
to
of
to
concluded
some excellent notes,
his preface, Mr. Hamilton Thompson
exhibits the sound good taste (not always
being content
observed
editors)
record
represent the author
the truth, without labouring
greater man than
may
was.
confessed
that
careful perusal
Sir John Suckling's
disappointment
Works may result
for the
reader who has founded his expectations upon the
Suckling's that are
few very excellent things
all; but
known
will certainly convince him
of the truth
the remarks with which
Mr.
Volume
which,
in
of
all
asof
or
be
Sir John Suckling.
admirable introduction
Mr. Hamilton Thompson unfolds lucidly whatever
remains
Sir John Suckling's story, and
the same time shows the extent of his indebtedness
his contemporaries and
his age.
The various
works
Sir John Suckling (with reproductions
the original title-pages) then follow
The Frag
menta Aurea,
The Last Remains
Sir John
Suckling, the four plays, and the letters including
Religion and Reason.
An Account
The
eighty-six persons,
perused
them
that the author
the book secures
2,580 readers who
single farthing
not bring
&nto his eachequer.
provincial towns
have noticed that the
circulating library
roprietor
frequently
bookseller, printer, and editor
local newspaper.
can get
six shilling novel for nothing,
nothing, and make fourteen shillings and
next
lending
eighty-six persons as
fourpence
the case
have noticed he
takes the biscuit
from publisher and author, and
mistake
have long contended
that authors might
become their own publishers, and distribute their
establishing bookstalls
hotels,
own books
America,
they had
sufficiency
co-operative
enterprise.
.
simply case
Wake up, Authors
and each
this means
It
to Mr. Hamilton Thompson on the
his edition of Sir John Suckling.
a few, of Suckling's poems are to be
anthology;
the rest
his works
are more
less difficult
access. Here everything
found,
will
well
all that
known about
congratulations
appearance of
One or two, or
found in every
by
TISIE AUTISIOR.
280
�book.
Crown 8vo, 966 pages, 6s. net.
PRINCIPAL ContFNTs: Authors Directory and Index
of Authors; Obituary Notices; Literary and Press
Agents ; Typists and Indexers, etc. ; Booksellers
(town and country); Law and Letters; Libraries ;
British, American, and Colonial Periodicals, with
particulars for contributors, and a very complete
Classified
Index ; Publishers (British, Colonial,
Foreign, and American); Royalty Tables; Societies
and Literary Clubs (British, Colonial, and Foreign);
List of Cheap Reprints, etc.
in
as
a
of
so
at
ſ l
is
a
It
is
of
;
a
to
is
on
application
SIPKES and
1837),
of
MISS MACKINTOSH.
SIKES,
The West Kensington Typewriting
Offices,
52 weeks, post free, for
138.6d. foreign.
AUTHORs
of
have the privilege
Gratis Advertisement
in the Books Wanted Columns.
1893),
223a, HAMMERSMITH ROAD, LONDON, W.
words;
1,000
Authors' MSS. 1s.
over 40,000, 10d. No unfair
cutting
prices.
Operators,
PAPER,
Educated
GOOD
Standard Machines.
REFERENCES.
Price TWOPENCE
:
Office
19, Adam
Street,
application.
W.C.
64, Strand, LONDON,
AND TRIBUNE
E8TABLISHED]
The
PLAYWRIGHTs.
Special facilities for placing work
every description.
Particulars from Manager, Literary Department,
Weekly.
Adelphi,
&
10S. 6d. home and
of
on
Specimen Copy Free
(Established
of
&c.
of
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-
Books,
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highly recommends
REDCLIFFE GARDENS, S.W.,
Prospectus
Which also gives Lists
the New Books published
during the Week, Announcements
Forthcoming
Sent
Authors
Directors.
Residence for Women Workers and Students.
quiet comfortable house the number
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Redcliffe Gardens
five minutes' walk from Earl's Court
District and Tube Stations.
PUBLISHERS CIRCULAR
AND BOOKSELLERS RECORD
Subscribers
to
to
as
a
Wanted
the Society
of
Member
84,
THE
(ESTABLISHED
L.
ERNEST MAYER
ANTHONY L. ELLIS
A
Are advertised for weekly
Ltd.,
BUREAU,
COPYRIGHT
Dewar House, Haymarket, S.W.
to
Books
Ltd.,
you.
as
A.
The INTERNATIONAL
in
2,000
service
Agents
We act
for placing Plays,
England
Operettas, Operas, Sketches, &c.,
and abroad on the best possible terms.
We have placed Plays with almost all
leading Managers.
We copyright dramatic property and collect
authors fees.
We arrange Invitation Performances.
We review, advise upon, and remodel Plays
and Musical Compositions.
We undertake translations and adaptations
from and into all European languages.
All English Plays submitted
the Bureau
Ellis,
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well known
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the
International Copyright Bureau.
Mr. Ellis's
advice
and assistance
are placed
our
clients' disposal.
ROUTLEDGE & SONS, Ltd.,
68, CARTER LANE, E.C.
About
of
Gan
Authors are invited to send their nannes and
particulars of their publications to the Editor
for insertion in the 1911 volume. Forms may be
had from the Editor.
G.
be
The International Copyright Bureau,
An indispensable book of reference for authors and
journalists.
Daily
Graphic.
Has been so excellently devised as to leave no room
Birmingham
for improvement.
Post.
The editor is to be congratulated on an excellent and
Queen.
useful production.
Carefully edited and thoroughly accurate and up-to
date.
Dundee Advertiser.
*...*
V
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MISS M. R. HORNE,
of
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a
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e
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y
&
O
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&
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10
per cent. for
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AGNEw,
Co. L.D., and Published
them for THE SOCIETY
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at
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The Author
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<em>The Author</em>
Description
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A digitised run of the Society of Authors' monthly periodical, <em>The Author</em>, 1890<span>–</span>1914, made available together for the first time.<br /><br />Currently users can browse issues and <a href="https://historysoa.com/items/browse?search=&advanced%5B0%5D%5Bjoiner%5D=and&advanced%5B0%5D%5Belement_id%5D=51&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Index&collection=&type=&tags=&exhibit=&date_search_term=&submit_search=Search+For+Items&sort_field=Dublin+Core%2CTitle">indices</a> (not available for all volumes). Full text search for all issues, and other additional search functionality, will be added in 2022.
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C be El u t b or .
(The Organ of the Incorporated Society of Authors. Monthly.)
Wol. XX. —No. 10. JULY 1, 1910. [PRICE SIXPENCE.
C O N T E N T S.
PAGE - PAGE
Notices ... tº - 0 - - - tº $ tº tº gº tº tº a tº tº º tº 6 & ... 257 Registration of Scenarios and Original Plays ... tº e tº ..., 270
The Society's Funds ... ... ... ... ... ... ... 257 Dramatic Authors and Agents ... ... ... ... ... 270
List of Members... - - - - - e. tº a º • * * s e e * - a ... 257 Warnings to Musical Composers ... e - 9 - - e. © º e ... 270
The Pension Fund tº º is º g tº e tº º * * * * * * * * * ... 258 Stamping Music ... * * * & © - e - e. e - e. e s tº • sº ... 270
Committee Notes - - - - e. e. - * > tº e s e s - e - - ... 259 The Reading Branch ... * tº e tº e e tº º º tº º tº & tº e ... 270
Books published by Members of the Society a tº - tº e - ... 261 Remittances - tº º tº e - tº º - e - - tº tº e tº tº a tº a tº ..., 270
Books published in America by Members... s & © e - - ... 263 General Notes ... tº tº a tº e - - - - - a tº a s tº * * * ... 271
Literary, Dramatic and Musical Notes ..., sº tº e tº º ve ... 264 |United States Notes ... * - - • * * - - e. tº a tº * * * ... 271
Paris Notes - - - -- a - © e. - e tº tº 9 tº e tº e gº tº a ... 265 The Fourteenth International Press Congress ... * * * ... 273
Publishers' Agreements - e º – c - ... ... ... ... 266 Ideas, and How to Protect. Them ... tº º a ... ... ... 274
Magazine Contents ... tº e 4 º, º ſº tº tº º * * * tº a º ... 268 The Editorial Attitude • * * - - - -- tº - e º * A tº ..., 278
How to Use the Society - tº a © º º tº e - tº º º tº e º ... 269 The Works of Sir John Suckling ... • * * • e e * * * ..., 279
Warnings to the Producers of Books tº e - e e - º tº tº ... 269 Correspondence ... e e e * - - tº tº º - - - e tº Q * R 9 ..., 280
Warnings to Dramatic Authors - e. e. tº e - * * * * tº º ..., 269 -
PUBLICATIONS OF THE SOCIETY.
1. The Annual Report for the current year, 1s.
2. The Author. Published ten months in the year (August and September omitted), devoted especially
to the protection and maintenance of Literary, Dramatic, and Musical Property. Issued
to all Members gratis. Price to non-members, 6d., or 5s. 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. 8s.
4. The History of the Société des Gens de Lettres. By S. SQUIRE SPRIGGE. 18.
5. The Cost of Production. (Out of print.)
6. The Warious Methods of Publication. By S. SQUIRE SPRIGGE. In this work, compiled from the
papers in the Society's offices, the varibus forms of agreements proposed by Publishers to
Authors are examined, and their meahing carefully explained, with an account of the
various kinds of fraud which have been made possible by the different clauses therein. 3s.
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. 2s. - -
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. 1s. 6d.
8. The Society of Authors. A Record of its Action from its Foundation. By WALTER BESANT
(Chairman of Committee, 1888–1892). 1s.
9. The Contract of Publication in Germany, Austria, Hungary, and Switzerland. By ERNST
LUNGE, J.U.D. 2s. 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, 18.
11. Periodicals and their Contributors. Giving the Terms on which the different Magazines
and Periodicals deal with MSS. and Contributions. 6d. *
12. Society of Authors. List of Members. Published October, 1907, price 6d.
13. International Copyright Convention as Revised at Berlin, 1909. 18.
[All prices net. Apply to the Secretary, 39, Old Queen Street, Storey's Gate, S. W.]
## p. (#666) ################################################
ii
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COIMIM
SIR ALFRED BATEMAN, K.C.M.G.
MRS. BELLOC-LOWNDES.
MRS. E. NESBIT BLAND.
J. W. COMYNS CARR.
Chairman—SIR ARTHUR PINERO.
H. GRAN VILLE BARKER.
J. M. BARRIE.
R. C. CARTON.
PRESIDENT.
TIECOIN/I_A_S THILA-TERIDTY -
COUNCIL.
AUSTIN DOBSON.
SIR ARTHUR CONAN DOYLE.
A. W. DUBOURG.
DOUGLAS FRESHFIELD.
SIR. W. S. GILBERT.
EDMUND GOSSE, LL.D.
SYDNEY GRUNDY.
H. RIDER HAGGARD. - -
MRS. HARRISON (“LUCAS MALET").
ANTHONY HOPE HAWKINS,
E. W. HORNUNG.
MAURICE HEWLETT.
W. W. JACOBS.
JEROME. K. JEROME.
HENRY ARTHUR JONES.
J. SCOTT KELTIE, LL.D.
RUDYARD KIPLING.
SIR EDWIN RAY LANKESTER, F.R.S.
THE REv. W. J. LOFTIE, F.S.A.
THE RIGHT HON. SIR ALFRED
LYALL, P.C.
LADY LUGARD (MISS FLORA. L.
SHAW).
MRs. MAxw ELL (M. E. BRADDON).
DOUGLAS FRESHFIELD.
W. W. JACOBS.
ARTHUR RACKHAM.
G. BERNARD SHAW.
MISS CICELY HAMILTON.
CAPT. BASIL HOOD.
JEROME K. JEROME.
JUSTIN MCCARTHY,
THE REV. C. H. MIDDLETON-WAKE.
SIR HENRY NORMAN.
SIR GILBERT PARKER, M.P.
SIR ARTHUR PIN EBO.
THE RIGHT HON. SIR HORACE
PLUNKETT, K.P.
ARTHUR RACKEIAM.
OWEN SEAMAN.
G. BERNARD SHAW.
G. R. SIMS.
S. SQUIRE SPRIGGE.
FRANCIS STORR.
SIR CHARLES WILLIERS STANFORD,
Mus. Doc. .
WILLIAM MOY THOMAS.
MRS. HUMPHRY WARD.
PERCY WHITE.
FIELD-MARSHAL THE RIGHT HON
THE WIScount WolsFLEY, K.P.,
P.C., &c.
SIDNEY WEBB.
H. G. WELLS.
ITTEE OF MANAGEMENT.
Chairman—MAURICE EIEWLETT.
S. SQUIRE SPRIGGE.
FRANCIS STORB,
SIDNEY WEBB,
IDRAMATIC SUB-COIMIMITTEE.
Vice-Chairman—HENRY ARTHUR JONES.
CECIL RALEIGH.
G. BERNARD SHAW.
ALFRED SUTRO.
PENSION FUND COMMITTEE.
ANSTEY GUTHRIE.
ANTHONY EIOPE HAWKINS.
HAROLD HARDY.
ANTHONY HOPE HAWKINS.
E. J. MACGILLIVRAY.
THE HON. JOHN COLLIER.
SIR. W. MARTIN CONWAY.
Chairman—MAURICE HEWLETT.
MORLEY ROBERTS.
M. H. SPIELMANN.
SIR GILBERT PARKER, M.P.
SIR CHARLES VILLIERS STANFORD,
Mus. Doc.
ART.
JOHN HASSALL, R.I.
J. G. MILLAIS.
FIELD, Roscoe & Co., 36, Lincoln's Inn Fields, W.C. }s licitor
G. HERBERT THRING, 39, Old Queen Street, Storey's Gate, S.W. J. "“”
MRS. ALEC TWEEDIE.
MRS. HUMPHRY WARD.
COPYRIGHT SUB.com/MITTEE.
HERBERT SULLIVAN.
SIR JAMES YOxALL, M.P.
ARTHUR RACKHAM.
M. H. SPIELMANN.
Secretary—G. H. ERBERT THRING,
Solicitor im England to
La Société dés Géms de Lettres.
Legal Adviser in the United States—JAMES BYRNE, 24, Broad Street, New York, U.S.A.
OFFICES.
39, OLD QUEEN STREET, STOREY's GATE, S.W.
## p. (#667) ################################################
ADVERTISEMENTS.
iii
TO Authors and Journalists,
The Writer, whether he aspires to write novels, short stories,
9x, articles, often spends years in uncongenial work,
rebuffs and drudgery being the only return for the timé
and labour spent.
THE COURSE OF LITERARY TRAINING promoted by
the Literary Correspondence College teaches the
aspirant to serve his apprenticeship to fliterature in the
briefest time possible.
Theºlºge also undertakes Literary Agency business of all
111C.S.
for full particulars. Write at once for Pamphlet D.M. to the LITERARY
00RRESPONDENCE COLLEGE, 9, Aruñdel Street, Strand, W.C.
“First Lessons in Story Writing."
By BARRY PAIN.
2nd Edition. 2s. 6ds net. 2s. 8d., post free,
Of this work the Westminster Gazette writes:—“The
beginner who takes these lessons to heart may be quite
assured of an advantage over his competitors.”
“How to become an Author.”
By ARNOLD BENNETT.
A Practical Guide; full of useful hints,
2nd Edition. 5s, net. 5s= 4d. post free.
The Literary Gorrespondence College,
9, Arundel Street, Strand, W.C.
THE Editor of a New Popular PENNY
PERIODICAL requires SHORT,
BRIGHT ARTICLES of about 2,100
Words,also HUMOROUS and DETECTIVE
STORIES, and anything of an Unconventional
Character. — Letters only to “Editor,” clo
Dawson's, 121, Cannon Street, London, E.C.
Authors wishing to make arrange-
ments for PUBLISHINGi are invited
to communicate with LYNWOOD & CO.,
Publishers, 12, Paternoster Row, London,.
E.C., who will be pleased to consider Mss.
and advise (free). Please write before
sending MSS.
TYPE WRITING
from 10d. per 1,000 words, by experienced
Typist. Authors’ MSS. and Technical
work a speciality.
ORDERS BY POST PROMPTLY ATTENDED TO.
MISS LUETCHFORD, 122, LONDON WALL, E.C.
TYPEWRITING OF HIGHEST QUALITY.
GENERAL MSS., 10d. per 1,000 words.
DRAMATIC WORK.
GARBON GOPIES, 3d, per 1,000 words.
DUPLICATING-
NORA DICKINSON, I, Sackville Gardens, ILFORD, ESSEX.
YANTIE D 2
AUTHORS' MSS., PLAYS, AND GENERAL COPYING.
Don't hesitate. Send a trial order now. I guarantee
satisfaction. One Carbon Duplicate supplied gratis
with first order. Terms on application
C. HERBERT CAESAR,
Homefield, Woodstock Rd., ST. ALBANS, HERTs.
AUTHORS' TYPEWRITING.
Novel and Story Work . 9d per 1,000 words; 2 Copies, 1/-
General Copying * - ... 1/1 3 º 3 y 3 - 1|3
Plays, ruled tº tº • ... 1)- 9 y 2 3 * x 1/4
Specimens and Price List on application.
MISS A. B. STEVENSON, Yew Tree Cottage,
SUTTON, MACCLESFIELD.
TYPEWRITING.
Authors' MSS. neatly and accurately typed, 9d. per
1,000 words, including Carbon Copy.
Also General Copying, Plays, Actors' Parts, &c.
MISS B. KERRY, Rohilla, CARSHALION, Surrey.
THE OMFORD LITERARY AGENGW
For Disposal of SHORT STORIES, NOVELS, PLAYS,
&c. MSS. placed with Publishers. :
THE 0}(FORD B00K REVIEW AND LITERARY AGENCY,
235, HIGH HOLBORN, W.C.
## p. (#668) ################################################
iv
AD VERTISEMENTS.
THE-SIGN.OF-QUALITY
A PARABLE OF THE
..". MORNING MAIL. .”.
G| When a man opens his mail, if that
mail is of any size he first of all sorts it.
G| He divides the sheep from the goats.
Q. With the “sheep” go all the real
personal letters: with the “goats” the
printed circulars and the ordinary “imita.
tion” form letters.
G| The “sheep” are all read: as a rule
the “goats” are not.
G| If you want your facsimile personal
letters to be read, in short to resemble
real personal letters so closely as to be
indistinguishable from the “sheep,” there
is one way to ensure it.
BRADBURY, AGNEW, & CO.
LTD.
10, BOUVERIE STREET, LONDON, E.C.
## p. (#669) ################################################
C be El u t b or .
(The Organ of the Incorporated Society of Authors. Monthly.)
FOUNDED BY SIR WALTER BESANT.
WOL. xx-No. 10.
JULY 1ST, 1910.
[PRICE SIXPENCE.
TELEPHONE NUMBER:
374 WICTORIA.
TELEGRAPHIC ADDRESS :
AUTORIDAD, LONDON.
—e—º-e—
NOTICES.
—º-º-º-
OR the opinions expressed in papers that are
signed or initialled the authors alone are
responsible. None of the papers or para-
graphs must be taken as expressing the opinion
of the Committee unless such is especially stated
to be the case.
THE Editor begs to inform members of the
Authors' Society and other readers of The Author
that the cases which are quoted in The Author are
cases that have come before the notice or to the
knowledge of the Secretary of the Society, and that
those members of the Society who desire to have
the names of the publishers concerned can obtain
them on application.
ARTICLES AND CONTRIBUTIONS.
THE Editor of The Author begs to remind
members of the Society that, although the paper
is sent to them free of cost, its production 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 5s. 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.
Communications and letters are invited by the
Editor on all literary matters treated from the
standpoint of art or business, but on no other
subjects whatever. Every effort will be made to
return articles which cannot be accepted.
WOL. XX.
ADVERTISEMENTS.
As there seems to be an impression among
readers of The Author that the Committee are
personally responsible for the boma fides of the
advertisers, the Committee desire it to be stated
that this is not, and could not possibly be, the case.
Although care is exercised that no undesirable
advertisements be inserted, they do not accept, and
never have accepted, any liability.
Members should apply to the Secretary for advice
if special information is desired. :
—e—º-e—
THE SOCIETY'S FUNDS.
—º-º-º-
ROM time to time members of the Society
desire to make donations to its funds in
recognition of work that has been done for
them. The Committee, acting on the suggestion
of one of these members, have decided to place
this permanent paragraph in The Author in order
that members may be cognisant of those funds to
which these contributions may be paid.
The funds.suitable for this purpose are : (1) The
Capital Fund. This fund is kept in reserve in
case it is necessary for the Society to incur heavy
expenditure, either in fighting a question of prin-
ciple, or in assisting to obtain copyright reform,
or in dealing with any other matter closely
connected with the work of the Society.
(2) The Pension Fund. This fund is slowly
increasing, and it is hoped will, in time, cover the
needs of all the members of the Society.
—e—-tº-e—
LIST OF MEMBERS.
—º-º-º-
HE List of Members of the Society of Authors,
published October, 1907, can now be obtained
at the offices of the Society at the price of
6d., post free 7#d. It includes elections to July,
1907, and will be sold to members and associates
of the Society only. - -
A dozen blank pages have been added at the
## p. (#670) ################################################
258
TISIES A UTISIOR.
end of the list for the convenience of those who
desire to add future elections as they are chronicled
from month to month in these pages.
* - -º- a
v-u-v
THE PENSION FUND.
—o-º-º-
ON February 1, 1910, the trustees of the
Pension Fund of the society—after the secre-
tary had placed before them the financial
position of the fund—decided to invest £260 in
the following securities: £130 in the purchase of
Jamaica. 3% per cent. Stock 1919–49, and £130 in
the purchase of Mauritius 4 per cent. Stock 1937.
The amount purchased is £132 18s. 6d.
Jamaica. 3% per cent. Stock and £120 12s. 1d.
Mauritius 4 per cent. Stock.
This brings the invested funds to over £4,000.
The trustees, however, have been unable to recom-
mend the payment of any further pensions, as the
income at their disposal is at present exhausted.
They desire to draw the attention of the members
of the society to this fact, in the hope that by
additional subscriptions and donations there will
be sufficient funds in hand in the course of the
year to declare another pension in case any im-
portant claim is forthcoming.
Consols 2%%.................. ........... #1,000 0 0
Local Loans .............................. 500 0 ()
Victorian Government 3% Consoli-
dated Inscribed Stock ............... 291. 19 11
London and North-Western 3% Deben-
ture Stock . . . . . . . . . . . . . . . . . . . . 250 0 0
Egyptian Government Irrigation
Trust 4% Certificates . . . . . . . . ... 200 0 0
Cape of Good Hope 33% Inscribed
Stock . . . . . . . . . . . . . ................ 200 0 0
Glasgow and South-Western Railway
4% Preference Stock.................. 228 () 0
New Zealand 3% Stock............... 247 9 6
Irish Land Act 23% Guaranteed Stock 258 0 0
Corporation of London 24% Stock,
1927–57 .............................. 438 2 4.
Jamaica. 3%% Stock, 1919–49 ......... 132 18 6
Mauritius 4%. 1937 Stock............... 120 12 I
Dominion of Canada C.P.R. 3% Land
Grant Stock, 1938..................... 198 3 8
Total ............... f4,065 6 0
Subscriptions.
1910. £ s. d.
Jan. 12, Riley, Miss Josephine . . 0 7 6
Jan. 13, Child, Harold H. . 0 10 0
Feb.
Jan. 14, Desborough, The Right Hon.
the Lord, K.C.V.O.
Jan. 27, Lion, Leon M.
Feb. 7, Fagan, J. B. . º
Feb. 10, Newton, Miss A. M.
March 7, Smith, Bertram .
April 13, Dillon, Mrs. e e
May 6, Inkster, Leonard . e
May 17, Truman, Miss Olive Marie
Donations.
1910.
Jan. 1, Robinson, J. R. . & º
Jan. 1, Mackenzie, Miss J. (2nd dona-
tion) . • * & ſe e
Jan. 1, Northcote, H. e &
Jan. 3, Watson, Mrs. Herbert A.
Jan. 3, Fursdon, Mrs. F. M.
Jan. 3, Smith, Miss Edith A.
Jan. 4, Pryce, Richard
Jan. 4, Wroughton, Miss Cicely .
Jan. 6, Kaye-Smith, Miss Sheila
Jan. 6, Underdown, Miss E. M. .
Jan. 6, Carolin, Mrs. . º
Jan. 8, P. H. and M. K.
Jan. 8, Crellin, H. R. ©
Jan. 10, Tanner, James T..
Jan. 10, Miller, Arthur .
Jan. 10, Bolton, Miss Anna
Jan. 10, Parr, Miss Olive K.
Jan. 17, Harland, Mrs. e
Jan. 21, Benecke, Miss Ida e
Jan. 25, Fradd, Meredith . C
Jan. 29, Stayton, F. . tº º
Feb. 1, Wharton, L. C.
4, Bowen, Miss Marjorie
5, Cameron, Mrs. Charlotte
7, Pettigrew, W. F. .
7, Church, Sir A. H. .
8, Bland, Mrs. E. Nesbit
8, The XX. Pen Club
10, Greenbank, Percy.
11, Stopford, Francis.
11, Dawson, A. J. . o
12, Ainslie, Miss Kathleen .
16, W. D. . º º •
16, Gibbs, F. L. A. . b
17, Wintle, H. R. e
21, Thurston, E. Temple
23, Dawson, Mrs. Frederick
Feb. 24, Williamson, C. N. º
Feb. 24, Williamson, Mrs. C. N. e
Feb. 25, Westell, W. P. . e ©
March 2, Toplis, Miss Grace o
March 3, Hawtrey, Miss Valentina
March 5, Smith, Bertram . *
Feb.
Feb.
Feb.
Feb.
Feb.
Feb.
Feb.
Feb.
Feb.
Feb.
Feb.
Feb.
Feb.
Feb.
#.
S.
1
O
I
1|I
1
I
d.
:
O
## p. (#671) ################################################
TISIE AUTISIOR.
259
# S. d.
March 12, Yould, A. . © e O 5 0
March 16, Loraine, Lady . § 0 10 0
March 29, Macdonnell, Randall . 4 0 0
April 6, Blake, J. P. . & gº 2 2 0
April 8, “Patricia Wentworth '' 1 1 0
April 14, Hinkson, Mrs. K. Tynan O IO ()
May 6, Greenstreet, W. J. . ſº O 5 ()
May 7, Cousin, John W. (), 5 ()
May 10, Zangwill, Israel . e . 1 1 0
May 19, Sprigge, Dr. S. S. (Portion of
money recovered by the Society as
damages) ſº º º © . I () () ()
June 3. Wynne, C. Whitworth . . 3 3 ()
June 15, Maunder, J. H. . c . 1 1 0
All fresh subscribers and donors previous to
January, 1910, have been deleted from the present
announcement.
The names of those subscribers and donors which
are not included in the lists printed above are
unavoidably held over to the next issue.
*. -º- *
vº ~- *
COMMITTEE NOTES.
—º-º-º-
HE June meeting of the committee was
held at the offices of the Society on the
6th ult.
In the absence of Mr. Maurice Hewlett, Mr.
Douglas Freshfield was, on the proposal of Sir
Alfred Bateman, invited to take the chair.
Sixteen new members and associates were added
to the list, making 134 elections in the current
year. Four resignations were received, bringing
the number in the year to 64.
Cases before the Committee. The first case related
to the infringement of an author's rights in
Germany, and had been discussed at previous
meetings. Owing to the failure of the author to
give the necessary information and assistance
through the committee to the Society's German
lawyers, it was decided, with regret, to abandon the
case, and the secretary was instructed to acquaint
the author with the committee's decision. The
next case was a complaint raised by a member that
a judgment summons obtained by the society two
months ago for unpaid contributions to a weekly
newspaper had not been satisfied, although the
offending party still continued to publish the paper
regularly. After consideration of a letter from the
society's solicitors, setting out the steps they had
already taken, the committee authorised more
stringent measures to be taken in order to obtain
the amount due to the member. The third case
engaging the committee's attention was one in
which a member of the society had expressed dis-
satisfaction with a publisher's accounts. The
committee authorised the secretary to write to the
publisher on the matter, and (if needful) to put in
an accountant to check the accounts. A report
Was read from the solicitors of the society in regard
to the piracy of the works of one of its members
by means of street hawkers, and the secretary
was instructed to direct the solicitors to take
active steps on the lines taken by the music
publishers in somewhat similar circumstances, and
to hasten to put a stop to the illegal sales and
bring the parties to book. In another case, owing
to the sale by one of the members of the copyright
to a publisher, a difficult question of law had arisen
on which counsel's opinion had been obtained.
The Secretary was instructed to send a copy of the
Opinion to the member involved. A letter from
the Solicitors of a literary agent was submitted by
the secretary and a reply was authorised. The next
matter related to a serious infringement of the
rights of dramatists in India. The secretary
reported the matter from the Dramatic Sub-
Committee, and the committee sanctioned the
course suggested by that body, namely, that inquiry
should be made of the society's Indian solicitors as
to the exact position under the Indian law, and as
to the best course to be adopted.
From the cases the committee turned their
attention to other questions of policy. It was
decided to publish once, in the autumn of the year,
a full list of the annual subscribers to the Pension
Fund with the amount of their subscriptions. In
case any subscriber might object to the publication
of his or her name, it was resolved, before printing
the list, to issue a circular in order to ascertain the
wishes of the individual subscribers on this point.
A proposal to obtain advertisements for The Author
was next considered, and, after some discussion, it
was agreed to accept the proposal subject to some
modification and to the terms being embodied in a
contract which should meet with the chairman’s
approval. At the previous meeting a question had
arisen respecting the appointment of agents in the
colonies who should keep the society informed of
infringements of literary and dramatic rights. Sir
Alfred Bateman reported that he had conferred
with the officials of the Board of Trade and felt
that some arrangement could probably be made,
but that it was too early as yet to give any definite
assurance. The secretary reported also that he had
seen the president of the Publishers' Association
and was instructed to write to him. The question
of the censorship of novels was again before the
committee to whom the secretary reported. He
was instructed to communicate with Mr. Hewlett
immediately on his return, who had the whole
matter in hand. A proposal made by a member of the
Copyright Sub-committee that all copyright cases
should first be referred to that committee, was
## p. (#672) ################################################
260
TFIE AUTISIOR.
reconsidered in the light of the opinions of the
members of the sub-committee. After a perusal
of these opinions it appeared to the Committee of
Management that it would be undesirable to carry
out the suggestion.
The chairman reported that, as immediate
decision was necessary, he had taken on himself, in
Mr. Hewlett's absence, to postpone the dinner of
the society. This action was approved and it was
decided to leave the question of an autumn dinner
to the committee at their meeting in July, when it
was hoped Mr. Hewlett would be present.
The committee sanctioned the expenditure neces-
sary for the issue of a circular by the Dramatic
Sub-committee to the dramatists inside the society.
The Dramatic Sub-committee also referred a
suggestion as to the reading of dramatic works by
a staff of readers appointed by the society, with a
special view to obtaining a market for such plays
as were favourably reported on by the readers.
The suggestion did not appear practicable to the
committee, and the secretary was instructed to
write to the member who had made the suggestion
and report to the sub-committee in that sense. A
proposal that the names of the Nobel Prize Com-
mittee should be added to the list of committees on
the society’s letter-paper and publications was
negatived.
The receipt of a contribution of £2 2s. to the
Capital Account of the society in acknowledgment
of work done by the society, was reported to the
committee, as also was a contribution of £10 to
the Pension Fund from Dr. S. Squire Sprigge,
part of moneys recovered by the society on his
behalf.
At this, the first meeting of the committee after
the event, it was decided to send to Mr. Thomas
Hardy a letter of congratulation on the attain-
ment of his seventieth birthday, and the secretary
was instructed to ask Mr. Hewlett, the chairman of
the committee, to carry out the committee's wishes
in this matter. -
—º-º-º-
DRAMATIC SUB-COMMITTEE.
A MEETING of the Dramatic Sub-committee was
held on Monday, May 30, at the offices of the
society, 39, Old Queen Street, Storey's Gate, S.W.,
at 3 p.m.
The first question for the consideration of
the sub-committee related to the position of
dramatic authors and their property in the Trans-
Vaal and Orange River Colony. At the suggestion
of the secretary, it was decided to write to the
Colonial Office and to inquire as to the position of
copyright property of English dramatists in South
Africa generally.
The next subject was the appointment of agents
in the colonies and the larger cities of those
countries united under the Berne Convention—
agents who might be able to give information
to the Society of infringements. The secretary
reported that he had seen a gentleman, a native of
Johannesburg and a lawyer of position, and that
he had explained to him exactly what the society
desired. This gentleman had agreed to write a
letter to be laid before the Dramatic Sub-com-
mittee, giving references and explaining how far
he would be able to undertake the duties required.
The letter not having arrived in time for the
meeting, the matter was adjourned to the next
meeting.
The secretary also reported that Sir Alfred Bate-
man had seen the authorities at the Board of
Trade and the Foreign Office in regard to the
question of the Consuls reporting infringements in
those countries of Europe bound by the Berne
Convention and the Trade Commissioners in the
colonies. Sir Alfred Bateman having intimated a
desire to have from the Dramatic Sub-committee
a note of the exact work which it was desired the
Consuls and the Trade Commissioners should
undertake, the secretary was instructed to draft
such a note and to forward it to Sir Alfred.
Infringements of performing rights in India
appear to be on the increase, as the secretary had
to report to the sub-committee a long list of such
infringements at the Opera House, Calcutta. He
was instructed, with the consent of the Committee
of Management, to write to the society's solicitors
in India and ask them to see whether it would not
be possible to put a stop to these infringements
by communicating with the manager, and also to
inquire what further steps they would advise. At
the same time the solicitors should be requested to
send a formal power of attorney, so that, in the
event of any action being necessary, they should
have full authority to take immediate proceedings.
It was also suggested that the secretary should be
instructed to write to the Council of the Actors’
Association warning them of these infringements,
as it might be very unfortunate for members of
that association who had entered into contracts to
play in certain pieces in India and the colonies
suddenly to find that their employment was at an
end owing to an injunction being obtained for
infringements of dramatic rights; and the Secretary
was so instructed.
A complaint made by one member of the Society
against another member was laid before the sub-
committee, but as the full statements were not
forthcoming it was necessary to adjourn the
matter.
The secretary, having called attention to certain
paragraphs in The Referee, was instructed to
## p. (#673) ################################################
TFIE AUTISIOR.
261
forward a reply to the editor for insertion in that
journal.
A suggestion, from one of the members of the
Society to institute a formal reading branch for the
benefit of unacted dramatists was, after some discus-
sion, referred to the Committee of Management.
It was decided that the resolution passed at the
previous meeting of the sub-committee relating to
performances in working men's clubs should be
sent round to dramatists who were members of the
society, with a postcard asking whether they would
be ready to adhere to the resolution then passed.
The sub-committee authorised the secretary to
write to those dramatists, if any, still outside the
Society and call their attention to the work done
by the society for the benefit of the dramatic
profession and for the defence of dramatic property.
The repertory agreement was finally settled, but
the agreement for a run was deferred till the next
meeting, which was fixed for Tuesday, June 21.
—º-º-º-
Cases.
DURING the past month the number of cases
placed in the Secretary's hands has increased.
Twenty-three new cases have been brought to
the society's office. They may be divided as
follows:–Two for accounts. Five for accounts
and money. Nine for money only. Three for
MSS. Four relating to settlement of terms of
agreements. Of the two claims for accounts, one
has been settled—the accounts have been handed
in. In the other case, the society is waiting for
the accountant's report, the publishers having
given every facility for the investigation of their
books. Of the five claims for accounts and money,
one has been settled and one is in the course of
negotiation. The other three accounts have been
handed in, but the money is not yet to hand ; the
Secretary is waiting for the member to pass the
returns, when the demand for the amount shown to
be due will be made. The three claims for MSS.
have been satisfied. Out of the nine claims for
money, one has been satisfied, two have been
placed in the hands of the society’s solicitors as
no satisfactory reply was forthcoming, two are in
the course of satisfactory negotiation, and the
balance have only recently come into the office.
The cases of disputes on agreements are naturally
slow in settlement, as a good deal of negotiation is
necessary, but one has been settled, two are
progressing. The last one has to await the arrival
of the member in England. She is at present
abroad and cannot obtain the necessary documents
and evidence. -
There are three cases still remaining over from
former months. One of these refers to a member
who lives in the Colonies, and one to a publisher in
America, and the third is still in the course of
negotiation. The cases in the solicitor's hands
are being carried forward in accordance with the
legal procedure. None have actually been settled
during the past month.
—º-º-º-
June Elections.
Alcock, Joseph Crosby 32, Londesborough
Road, Scarborough.
Atkinson, Harold W. West View, Eastbury
Avenue, Northwood,
Middlesex.
Yorick Club, 30, Bed-
Baker, Capt. B. Granville.
- ford Street, Strand,
W.C.
Campbell, Cyril S. Fen Ditton Hall, near
Cambridge.
Carey, Miss Winifred Rose. 51, Beaufort Man-
sions, Chelsea, S.W.
54, Digby Mansions,
H a m me r s m it h
Bridge, London, W.
Chase, Mrs. Lewis Nathaniel
Dalziel, James. Taikoo Sugar Refining
Co., Ltd., Hong-
Kong.
Dawson, Frank 17, Bedford Street,
- Marine Parade,
Brighton.
Dixon, Thomas º . Woodhall Road, Cal-
verley, near Leeds.
Eggar, W. D. e . Eton College, Windsor.
Graham, Mrs. Ethel . Bilston Lodge, Ivan-
Maxtone head, Midlothian.
“Woodhill,” Rhiw-
Jevons, Herbert Stanley .
bina, near Cardiff.
Thomson, Lieut.-Col. S. J., Scuttington Manor,
C.I.E., J.P. Sittingbourne, Kent.
Talbot, P. A., B.A., F.L.S., Abbots Morton, Ink-
&c. berrow, Worcester-
shire.
44, Princes Square,
Hyde Park, W.
17, Buckley Road,
N.W.
Wilson, Mary D.
Wilson, Mrs. S. Douglas
—e—º-e—
BOOKS PUBLISHED BY MEMBERS OF
THE SOCIETY.
—e-º-º-
WHILE every effort is made by the compilers to keep
this list as accurate and exhaustive as possible, they have
some difficulty in attaining this object owing to the fact
## p. (#674) ################################################
262
TISIE AUTISIOR.
that many of the books mentioned are not sent to the Cffice
by the members. In consequence, it is necessary to rely
largely upon lists of books which appear in literary and
other papers. It is hoped, however, that members will
co-operate in the compiling of this list and, by sending
particulars of their works, help to make it substantially
accurate.
ART.
BRITISH PORTRAIT PAINTING. To the opening of the
Nineteenth Century. By M. H. SPIELMANN. 2 vols.
16 x 12%. 108 pp. 131 plates. The Berlin Photo-
graphic Co. £26 5s. n.
BIOGRAPHY.
THE LIFE OF MARIE AMELIE. Last Queen of the French.
1782–1866. By C. C. Dyson. 83 × 5%. 318 pp. John
Long. 12s. 6d. n.
LIFE OF JOHN RUSKIN. By ASHMORE WINGATE. 63 × 4}.
203 pp. (Great Writers Series.) Walter Scott Publishing
Co. 1s. 6d.
GEORGE SAND AND HER LOVERS. By FRANCIS GRIBBLE.
73 x 5. 303 pp. Nash. 28. n.
EDUCATIONAL.
LES FRANÇAIS D’AUJourd’HUI. By JETTA. S. Wolf F.
7 x 5. 156 pp. Arnold. 1s. 6d.
NATURE STUDY ON THE BLACKBOARD. By W. P. PYCRAFT,
F.Z.S., AND JANET HARVEY KELMAN. Vol. I. : PLANT
LIFE. 12 x 9. 134 pp. Caxton Publishing Co.
7s. 6d. In. -
FICTION.
ToLD IN THE DAY WATCHES. By FRANK T. BULLEN. 73
× 5. 332 pp. Smith, Elder. 68.
CUTHBERT LEARMONT. By J. A. REVERMORT. 73 × 5.
354 pp. Constable. 63.
FoRBIDDEN GROUND. By GILBERT WATson. William
Heinemann. 6s.
A MOTLEY. By JOHN GALsworth Y.
Heinemann. 6s.
DAISY'S AUNT.
Nelson. 28. n.
THE PORTRAIT. By FORD MADox HUEFFER. 8 × 5.
307 pp. Methuen. 68.
THE GIRL witH THE RED HAIR. By MAx PEMBERTON.
7# × 5. 336 pp. CASSELL. 6s.
FREDA. By KATHERINE TYNAN. 73
Cassell. 63.
WERA OF THE STRONG HEART. By MARION MOLE.
73 × 4%. 312 pp. Melrose. 6s.
THE HEART OF NoFL. By FRED WHISHAw. 8 × 5.
320 pp. Everett. 63.
ToI.D IN THE DOG WATCHES. By FRANK. T. BULLEN.
7; x 5. 332 pp. Smith, Elder. 68.
IN THE BALANCE. By L. G. MOBERLY. 73 × 5.
Ward, Lock. 6s.
SIMON THE JESTER. By W. J. LOCKE. 7} x 5. 348 pp.
Lane. 6s.
A FAIR MARTYR. By J. BLOUNDELLE-BURTON. 8 x 5.
317 pp. Everett. 68. -
THE ROD OF JUSTICE. By ALICE AND CLAUDE ASKEW.
7# × 5}. 256 pp.
By E. F. BENSON. 74 x 5. 375 pp.
× 5. 336 pp.
320 pp.
73 × 5. 350 pp. Fisher Unwin. 6s.
THE SILENT WATCHES. By IZA DUFFUS HARDY. 73 ×
5. 320 pp. Digby Long. 68.
MARQUESS SPLENDID. By ANNIE O. TIBBITS.
320 pp. Digby Long. 68.
To-MoRRow 7 By VICTORIA CROSS. (Cheap Edition.) 7%
7% x 5.
× 5. 302 pp. The Walter Scott Publishing Co. 1s. n.
SEA DOG.S. A Set of Sea Comedies. By MoRLEY
ROBERTS. 73 x 5. 256 pp. Nash. 28. n.
FURTHER EXPERIENCES OF AN IRISH R.M. By E. CE.
SOMERVILLE AND MARTIN Ross. 73 × 53. 315 pp.
Longmans. 3s. 6d. n.
THE CALL OF THE SOUTH. By LouTSE BECKE. 74 ×
4}. 320 pp. Milne. 1s. In.
HISTORY.
A MEDIAEVAL GARNER. Human Documents from the Four
Centuries preceding the Reformation. Selected, trans-
lated, and annotated by G. G. CouTTON, 94 × 6.
727 pp. Constable. 21s. n. -
THE WALLS OF CONSTANTINOPLE. By CAPTAIN B.
GRAN VILLE BAKER, 73 × 6%. 262 pp. Milnes.
16s. n.
THE SECOND AFGHAN WAR, 1878-79-80 : its Causes, its
Conduct, and its Consequences. By COL. H. B. HANNA,
late Commanding at Delhi. Wol. III. Constable. 15s. n.
CALENDAR OF STATE PAPERS, COLONIAL SERIES,
AMERICA AND THE WEST INDIES, 1700, PRESERVED IN
THE PUBLIC RECORD OFFICE. Edited by CECIL HEAD-
LAM, M.A. 103 × 7%. 851 pp. Wyman. 15s.
LITERARY.
ESSAYS : MoDERN AND ELIZABETHAN. By E. Dowd EN.
83 × 5%. 380 pp. Dent.
DEAD LANGUAGE AND DEAD LANGUAGES. With Special
Reference to Latin. By J. P. POSTGATE, LITT.D.
8% x 5%. 32 pp. Murray. 18. n.
DANTE AND HIs CoNVITO. A Study with Translations.
By W. M. RossETTI. 7% x 5}. 130 pp. Elkin Mathews.
4s. 6d. n.
THE Hous E OF QUIET. An Autobiography. By A. C.
BENSON. 73 × 5. 233 pp. Murray. 1s. n.
MISCELLANEOUS.
IMITATION : THE MIMETIC FUNCTION IN HUMAN NATURE
AND IN NATURE. By RICHARD STEEL. (Second Edition,
Revised and Enlarged.) Liverpool : Henry Young &
Sons. London: Simpkin, Marshall & Co.
Essays IN NATIONAL IDEALISM (INDIA). By DR. A. K.
CoOMARASWAMY. 5% x 8%. Probsthain. 3s. 6d.
NAWAL.
THE CAMPAIGN OF TRAFALGAR. By JULIAN CoRBETT.
9} x 6. 473 pp. Longmans. 168. n.
ORIENTAL.
SWORD-OF-THE-CROWNS. Rendered into English by the
Count Ess OF CROMARTIE, 7% x 5. 144 pp. Elkin,
Mathews. 3s. 6d. n.
POETRY.
ENGLAND’s SON, AND OTHER POEMS. By MAXWELL
GRAY. 63 × 4%. 95 pp. Digby Long. 38. 6d. n.
THE DEAD KING. By RUDYARD KIPLING. 8 × 53.
Hodder & Stoughton. 18. n. -
POLITICAL.
ARTICLES OF FAITH IN THE FREEDOM OF WOMEN. By
LAURENCE HOUSMAN. 73 × 4%. 64 pp. Fifield.
6d. n.
REPRINTS.
PosLTIVISM. By ISIDORE AUGUSTE COMTE. With an
Introduction by FREDERIC HARRISON. 444 pp.
ESSAYS OF FRANCIS BACON. With an Introduction by
W. H. D. RousB. 218 pp. POETICAL WORKS OF
WILLIAM BLAKE. With an Introduction by W. B.
YEATs. 277 pp. 64 × 4}. Routledge. 28. 6d. n.
## p. (#675) ################################################
THE AUTISIOR.
263
THE CAxTon SHAKESPEARE. Wols. W. and VI. With
Annotations and General Introduction. By SIDNEY
LEE. 83 × 64. Caxton Publishing Co. 6s. 6d. n.
THoughT GEMs For DAILY USE. Compiled by J. C.
WRIGHT. 6 × 4}. 143 pp. R.T.S. 18.
SCIENCE.
THE LAws of HEREDITY. By G. ARCHDALL REID.
With a diagrammatic representation by HERBERT HALL
TURNER, Savilian Professor of Astronomy, Oxford. 9 ×
5#. 548 pp. Methuen. 218. n.
SCIENTIFIC.
THE POCKET CLINICAL GUIDE. By JAMES BURNET,
M.D., M.R.C.P., E. (Illustrated.) Cloth, 1s. 6d. n.
Leather, 2s. 6d. n. Of the Author, 6, Glengyle Terrace,
Edinburgh.
HINTS ON PRESCRIPTION WRITING. By JAMES BURNET.
(Second Edition.) 1s. n. Of the Author, 6, Glengyle
Terrace, Edinburgh.
SOCIOLOGY.
THE WAGRANCY PROBLEM : The Case for Measures of
Restraint for Tramps, Loafers and Unemployables.
By W. H. D.Awson. 73 × 5. 270 pp. P. S. King.
58. In.
SPORT.
LETTERs of A MoDERN GOLFER. To HIS GRANDFATHER.
By HENRY LEACH. 73 x 5. 309 pp. Mills & Boon.
6s.
THE POCKET GUIDE TO SOLO WHIST.
3# x 23. 23 pp. De La Rue. 6d.
TEIEOLOGY.
BUDDHISM. By T. W. RHYs DAVIDs, PH.D. Twenty-
second Thousand. (A New and Revised Edition.) 63 ×
4}. 252 pp. S.P.C.K. 2s. 6d.
MY QUEST FOR GOD. By JoHN TREvoR. (Second Revised
By R. F. FostER.
Edition.) 8 × 53. 247 pp. Fifield. 58. n.
TRAVEL.
STUDIES OF INDIAN LIFE AND SENTIMENT. By SIR
BAMPFYLDE FULLER, K.C.S.I. 8 × 5}. 360 pp.
Murray. 6s. n.
AUTUMN IMPRESSIONS OF THE GIRONDE. By J. G. SIEVE-
KING. 73 × 5. 160 pp. Digby Long. 3s. 6d. m.
—é—Q-e—
BOOKS PUBLISHED IN AMERICA BY
MEMBERS.
–0-º-º-
ART.
THE RENAISSANCE IN ITALIAN ART, SCULPTURE, AND
PAINTING. By SELWYN BRINTON. New York: Scrib-
ner. $9 m.
BIOGRAPHY.
RUSKIN AND HIS CIRCLE. By ADA EARLAND. With 20
illustrations, including a photogravure frontispiece. New
York : Putnam. $1.75 m.
ACCIDENTS OF AN ANTIQUARY'S LIFE. With 40 illustra-
tions from photographs taken by the author. By D. G.
HoGARTH. New York: Macmillan. $2.50 n.
ROBERT DoDSLEY, POET, PUBLISHER AND PLAYWRIGHT.
With a photogravure portrait and 12 other illustrations.
By RALPH STRAUSS. New York: John Lane Co.
$6.50, n. R
BOOKS FOR TEIE YOUNG.
A GIRL OF THE FOURTH : THE STORY OF AN UNPOPULAR
jºint. By A. M. IRVINE. Philadelphia ; McKay.
1,25.
DRAMATIC.
HAMILTON's SECOND MARRIAGE : THOMAS AND THE
PRINCESS; THE MODERN WAY. Three plays. By MRS.
W. K. CLIFFORD. New York : Kennerley. $1.50. -
EDUCATIONAL.
A COLLECTION OF EASTERN STORIES AND LEGENDS FOR
NARRATION AND READING IN SCHOOLs. By MARIE L.
SHEDLOCK. New York : Dutton. 50 cents.
FICTION.
WHY DID HE DO IT 2. By BERNARD CAPES. New York:
Brentano. $1.50.
OUR LADY OF DARKNESs. By ALBERT DoRRINGTON AND
A. E. STEPHENS. New York : Macaulay Co. $1.50.
FAR FROM THE MADDING CROWD. By THOMAS HARDY.
New York : Harper. $1.25 n.
JUDE THE OBSCURE. By THOMAS HARDY. New York :
Harper. $1.25 n.
UNDER THE GREENWOOD TREE. By THOMAS HARDY.
New York : Harper. $1.25 n. •
THE ILLUSTRIOUS PRINCE. By E. PHILLIPs OPPENHEIM.
Boston : Little, Brown. $1.50. - -
A RED-HANDED SAINT. By OLIVE K. PARR. New York:
Benzigeo. $1.10 m.
GARRYOWEN. By H. DE WERE STACPOOLE. New York :
Duffield. $1.50.
THE PERJURER. By W. E. NORRIs. New York :
Brentano’s. $1.50.
THE LONELY LOVERs. By HoRACE NEWTE. New York :
Mitchell Kennerley.
THE RUST OF ROME. By WARWICK DEEPING,
York : Cassell. $1.20.
MORNING STAR. By H. RIDER HAGGARD. New York :
Longmans. $1.50. º
New
THE WIFE OF ALTAMONT. By VIoIET HUNT. New
York : Brentano. $1.50.
STUDIES IN WIVES. By M. A. BELLoc-Low NDES. New
York : Kennerley. $1.50.
AN IMPERIAL MARRIAGE. By A. W. MARCHMONT. 317
pp. New York : Dodge Publishing Co. $1.20.
LITERARY.
LETTER TO SANCHIA UPON THINGS AS THEY ARE :
Extracted from the Correspondence of MR. JOHN MAx-
WELL SENHOUSE. New York : Scribner. 90 centS. n.
DEAD LETTERS. By MAURICE BARING. 243 pp. Bos-
ton : Houghton Mifflin. $1.25 n.
MISCELLANEOUS.
BROKEN EARTHENWARE. A Footnote in Narrative to
Professor William James's “The Varieties of Religious
Experience.” By HAROLD BEGBIE. New York and
Chicago : Revell. $1.25.
THE SINGING WOICE AND ITS TRAINING. By STIRLING
MACKINLAY. New York : Dutton. $1.25 m.
NATURAL HISTORY.
INSECT Won DERLAND. By CONSTANCE FOOT. With
illustrations by W. Q. ALLEN. New York : John Lane.
$1.25 m. .
POLICITAL.
THROUGH AFRO-AMERICA. By WILLIAM ARCHER. An
English reading of the race problem. New York :
Dutton. $3 m. - -
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264
TFIE AUTISIOR.
LITERARY, DRAMATIC, AND MUSICAL
NOTES.
—º-º-º-
€ $ YPNOTISM and Suggestion in Daily Life,
. Education, and Medical Practice,” is the
title of a new work by Dr. Bernard
Hollander, who has studied these subjects for
many years, both for purposes of scientific investi-
gation and for their practical utility in the
treatment of various diseases. Messrs. Pitman &
Sons, Ltd., are the publishers.
Miss N. Smith Dampier's book, “Ballads from
the Danish and Original Verses,” was published
last month by Mr. Andrew Melrose.
There is shortly to be published in a popular
edition in America, by Messrs. Mitchell Kennerley,
Miss Winifred Graham's novel, “Mary,” a 1s.
edition of which has recently been published in
England by Messrs. Mills & Boon, who are pub-
lishing, early in July, Miss Graham's new novel,
“The Enemy of Woman.”
Mr. Arthur H. Stockwell has published a new
novel by Mr. J. H. Brighouse, entitled, “With
Unseen Lips,” a tale of mystery and humour.
Miss Jetta S. Wolff, author of “Le Français en
Ménage,” and “Le Français en Voyage,” is
publishing a volume entitled “Pour la Patrie, et
autres Contes d'Enfants.” Mr. Edward Arnold
announces, also, the publication of Miss Wolff's
“Les Français d’Aujourd’hui.”
Mr. Michael Barrington, the author of “The
King's Fool,” whose last novel, “The Knight of
the Golden Sword,” was no mediaeval tale of
hazardous adventure, but a study of the political
conditions of England and Scotland at the time of
the Restoration and Revolution, has returned once
more to the Middle Ages; and Messrs. Chatto &
Windus will publish in October his new romance,
“The Lady of Tripoli,” which portrays the soul's
history of a famous Troubadour Prince.
Mr. Richard Steel has just published a second
and revised edition of his book, “Imitation : The
Mimetic Function in Human Nature and in
Nature.” The writer approaches the subject from
many sides, starting with imitation in infant and
child life, continuing in education, in later youthful
life and early maturity. Other chapters deal with
imitation in ethics, religion and politics, in
language, poetry and the fine arts, in economics,
in heredity and inorganic matter, while in an
appendix the writer refers to imitation in the
reasoning process. Messrs. Young & Sons in
Liverpool, and Messrs. Simpkin, Marshall & Co.
in London, publish the book.
Mr. S. B. Banerjea is shortly publishing a serial
story, entitled “Miss Ray of Krishnagar,” which
will appear in a Madras paper. It will deal with
the Indian unrest, and point out wherein, in the
author's judgment, India’s peril lies.
Dr. A. K. Coomaraswaney has an article on
Indian Bronzes in the May number of the
Burlington Magazine.
Miss K. Everest's new song, “Wake up, Eng-
land l’’ (a copy of which was graciously accepted
by H.M. the King) is now published by Stanley
Webb, 10, Museum Street, W.C.
We have just received Wol. III. of “Travel and
Exploration,” comprising the monthly issues from
January to June, 1900. The volume is copiously
illustrated from photographs which are well repro-
duced, and contains many articles scarcely less
interesting to the “home-bird” than to the
traveller. Messrs. Witherby & Co., of 326, High
Holborn, W.C., are the publishers, and Mr. E. A.
Reynolds-Ball the Editor of this volume.
Messrs. Methuen & Co. are just issuing a book
of Anecdotes of Big Cats and other Beasts, by
Mr. David Wilson.
Mrs. Champion de Crespigny’s new book is to
be published by Messrs. Mills and Boon in August.
It is called “The Walley of Achor,” and deals with
modern life. The scene of the story is laid in
England.
Rev. Telford Warley, B.Sc., who wrote the text
of “Hampshire" for Messrs. Black's series of
“Colour-Books,” has expanded the section in the
book dealing with Winchester and its immediate
surroundings, and it will be published in separate
form with a scene of Mr. Wilfrid Balls' illustra-
tions from “Hampshire.”
During the past month, the Abbey Theatre
Company, under the management of Lady Gregory
and Mr. W. B. Yeats, has been on a visit to
London. Among the members of the society
whose plays have been staged at the Court Theatre
are Mr. William Boyle, Lord Dunsany, Lady
Gregory, and Mr. W. B. Yeats.
Mr. Boyle's comedy, “The Eloquent Dempsy,”
and Lord Dunsany's piece, “The Glittering Gate,”
were produced on June 6; Lady Gregory's three-
act play, “The Image,” on June 1, followed
by her one-act play, “The Rising of the Moon”;
while Mr. Yeats’ “ Kathleen ni Houlihan,”
followed Lady Gregory’s “Workhouse Ward,” on
June 3.
The late Mr. J. M. Synge's “Playboy of the
Western World” was also included in the com-
pany's répertoire. The company's cast includes
Miss Sarah Allgood, Mr. J. A. O’Rouke, Miss
Eileen O'Doherty, and Mr. Sydney J. Morgan.
Mrs. Angelo Savi's little sketch, “Love is
Passing,” was produced for the first time by Mr.
Clive Currie at the Rehearsal Theatre, Maiden
Lane, on May 23, before a crowded house.
“The Image,” a new play in three acts by Lady
## p. (#677) ################################################
TFIE AUTISIOR.
265
Gregory, was produced at the Court. Theatre, on
June 1. In the cast were Arthur Sinclair, Fred
O'Donovan, and Miss Sara Allgood.
Mr. Henry Arthur Jones's comedy, “The Case of
Rebellious Susan,” was revived at the Criterion
Theatre early last month. Sir Charles Wyndham,
Miss Mary Moore, Miss Ellis Jeffreys, and Mr.
Sam Sothern were in the cast.
Miss Myra Swan appeared at the Grand Opera
House, Middlesbrough, on May 9, as Kitty in
“The Marriage of Kitty,” with Mr. C. W.
Standing and Miss Winifred Pearson, and is now
On tour. -
& —º- a
w —sº- -
PARIS NOTES.
—º-º-º-
HE late Jules Renard was a member of the
Goncourt Academy. He was a comparatively
young man, so that the news of his death
came as a surprise to all, but his intimate friends.
He was a literary man in the best sense of that
term. His originality consisted in transcribing
life as he saw it. With Jules Renard there was no
seeking for effect, no novels written for the sake of
preaching a theory. He saw nature as it is, and
human beings as they are, and he endeavoured to
show them to us. He was a great lover of the
country and of the simple life.
In England, Jules Renard was known by his
famous play, Carrots. He painted the peasants
of Central France admirably. He was essentially
a realist, but there was poetry in his realism. One
of his critics very aptly calls him the Bastien
Lepage of literature.
The second volume of the “Correspondance du
duc d'Aumale et de Cuvillier Fleury' has just
appeared. It has been compiled by M. Limbourg,
and has a preface by M. René Wallery-Radot. It
commences in 1848, when the Duc d'Aumale and
the Prince de Joinville join the exiled royal family.
In a series of letters we have an account of many
tragic events. In 1850 there is the death of the king;
then the Crimean War ; the death of the Duchesse
de Nemours and of the Duchesse d’Orléans, and
the Italian war.
Pierre Mille has accustomed us to expect from
his pen true pictures of colonial life, and of the
difficulties of the Westerner in his dealings with
the extreme Orient. His stories are tragic and
pathetic, with a fine vein of humour running
through them. Barnavaux is a very living
personage to all who have read Pierre Mille's last
volumes. “La Biche écrasée '' is the title of this
new book of short stories. The author shows
himself here in a new light. He is a keen observer
always, and he handles his subjects with delicacy,
but he paints his pictures in this volume wherever
he finds a good subject. “La Biche écrasée,”
which gives its title to the volume, is merely an
episode, too slight even to be called a story. There
is no attempt at criticism of the things described,
no moral given to us in words, but just a touch
with the brush of an artist, showing up in a
few strokes all the cruelty and the pity of the
incidents described, the crushing of the weak by the
strong, the barbarism of our vaunted civilisation.
“Le Bon Père,” in the same book, is veiled satire
on our social system. “Repos hebdomadaire ‘’
shows us the utility of voting laws. “Le Secret ’’
is a tragic domestic episode, and “La Peur” a
weird story told by a sculptor. There are in all
about twenty of these short stories, all told in the
concise, dramatic way which is the secret of Pierre
Mille.
“Trois amies de Chateaubriand ” is the title of
a charming book by André Beaunier. It is both.
historical and romantic. The three principal
persons of whom the author writes are Pauline de
Beaumont, Juliette Récamier and Hortense Allard.
The other friends are Delphine de Custine, Nathalie
de Noailles and Madame de C. The love affairs of
Chateaubriand have tempted the pen of many
writers but there is always something fresh to tell,
and André Beaumier has obtained fresh information
from many sources.
“La Brèche,” by Bradais one of the most dramatic
of this popular author's novels. The story is based
on one of those cruel problems so difficult for mere
on-lookers to solve. The characters immediately
concerned in this problem solve it for themselves
in Brada's story, knowing full well the sacrifices
that they must be prepared to make. Their life is
one long effort to bear the burden themselves,
silently and uncomplainingly. Circumstances
occur which make it necessary for others to share
their secret. They pay to the uttermost farthing
the penalty of what by some people would be
deemed a sin and by others the only natural solu-
tion to their problem. The story is admirably
told and each character is a living personage.
There is atmosphere in every scene, common sense
mingled with romance, and a fine robust philosophy
of life pervading the whole story.
Madame Emilio de Bobadillo, the wife of the cele-
brated Spanish writer (Fray Candil), has completed
her series of lectures in Paris on Spanish art. She
has spoken of Velasquez, Murillo and Zurbaran,
and her lectures have been illustrated by dissolving
views of the pictures of which she has spoken. She
is to repeat these lectures at Brussels in French,
and she will give them later on in London in
English.
## p. (#678) ################################################
266
TISIE AUTISIOR.
In the Revue des Deua, Mondes there is an
extremely interesting article by M. Georges Goyau
on “Bismarck et la Papauté.”
A number of articles on Roosevelt have appeared
in the various French reviews. “Théodore Roose-
velt et la Constitution américaine,” by M. René
Millet, French Ambassador, in L'Opinion
(April 23). “Le Président Roosevelt,” by M.
Fanin Roy, in the April number of France-
Amérique. “Le vrai Roosevelt,” by M. Gulglielmo
Ferrero, in Le Figaro.
In La Revue hebdomadaire M. René Moulin has
been writing some articles on “Force et Faiblesse
de la Jeune Turquie.” M. Frantz Funck-Brentano
on “L’Eglise de France et la Révolution.”
ALYS HALLARD.
“Correspondance du duc d'Aumale et de Cuvillier
Fleury” (Plon).
“La Biche écrasée" (Calmann-Lévy).
“La Brèche" (Plon).
a—º- a
w-v-w
PUBLISHERS’ AGREEMENTS.
—º-º-º-
I.
HE offer that we print below was made
| recently by Mr. John Long to a member of
our society.
Dear 5
It is much to be regretted that the sales of your
two novels have not come up to our expectations,
and, in the over-crowded state of the fiction market,
it is difficult to know what to do with the above.
The tale is certainly well written, but then, on the other
hand, there is always a large number of well-written tales
before the public. Its publication must, therefore, be
attended with the greatest risk, but, as I have already
published two of your books, I should like to try a third,
only, however, on the clear and distinct understanding
that I have the first refusal of your next nine new novels,
which, if accepted, shall be published on the terms set out
below.
I understand you are not prepared to further finance
your literary work. Therefore I am willing to buy the
copyright of the present one for £15, and, over and above
that sum, find all the money for publishing it. I should
also find all the money for publishing the other nine new
novels.
TERMS FOR THE SAID NINE Nov FLS.
NOS. 1, 2, and 3.
6s. Edition 1s. per copy, after the sale of the first nine
hundred copies.
Colonial Edition 2d. per copy, after the sale of the
first four hundred copies.
Sevenpenny Cloth Edition (if any) 3d. per copy on all
Sales.
Siapenny Edition (if any) 15s. per thousand Sales.
Cheaper Edition or Editions, except above (if any) 5
per cent. of the nominal published price on all
copies sold.
American, Foreign, and Serial Rights (if any) 25 per
cent. of the net sum received.
NOS. 4, 5, and 6.
68. Edition Is. per copy, after the sale of the first five
hundred copies.
Colonial Editions 2d. per copy, after the sale of the
first three hundred copies.
Other Royalties as for Nos. 1, 2, and 3.
Nos. 7, 8, and 9.
68. Edition 18, per copy, after the sale of the first four
hundred copies.
Colonial Edition 2d. per copy, after the sale of the
first two hundred copies.
Other Royalties as for Nos. 1, 2, and 3.
It must be clearly understood that the royalties on the
68. edition of each of the above nine novels are to be paid
only if the book is to be published at the outset at this
price. If not, then as regards Nos. 1, 2, and 3 the royalty
to be 10 per cent. after the sale of the first 1,750. As to
Nos. 4, 5, and 6, 10 per cent. after the sale of the first 1,000,
and, as regards Nos. 7, 8, and 9, 10 per cent. after the sale
of the first 750 copies.
I am bitterly opposed to novels being published at less
than 68, at the commencement, but we must provide for all
eventualities in the publishing world, where, undoubtedly,
the trend is for cheapness. -
Each tale to be of present day life, with plenty of love
. incident, and to contain not less than 80,000 words
€2,CIl.
Two novels of yours to be published yearly about January
#. Jº and delivery to take place during September and
2.TCI). -
On hearing favourably from you I will send you the
cheque for £15, also the agreement.
Faithfully Yours,
(Signed) JOHN LONG.
We have printed previously in The Author
somewhat similar offers from the same publisher.
In order to put the case clearly before the members
of our society, we will consider the case of a single
book, and assume that an edition of 1,500 copies
is printed and that 900 of these are sold in the
English edition, 400 are sold in the Colonial
edition, and 100 are given away for review and other
purposes, leaving an unsold remainder of 100
copies. The result from the financial point of
view would then be roughly as follows: the sale of
900 copies would bring the publisher about £150 ;
the sale of 400 copies to the colonies in sheets might
bring the publisher, say, another £20, so that, if the
first edition was sold out, the publisher would have
obtained £170 and the author nothing. The pub-
lisher would, after covering the cost of production
and advertising, have been able to put from £40
to £50 into his own pocket. Probably he would
make this sum in six months, and thus have the
opportunity of turning over his capital at a hand:
some profit twice in the year. It will be noticed
that, even with a sale of much smaller numbers,
the percentage on his capital is ample. This, then,
if the book has a fair sale, is a good bargain for
the publisher but a very bad one for the author.
We would only add that, while it is a mistake
for an author to bind himself to a publisher for
more than one book, to bind himself for nine
books is disastrous. An author should make his
## p. (#679) ################################################
TISIE AUTISIOR.
267
publisher an agent for the publication of the work
in book form only, subject to limitations of time,
price, country, and number of edition. To hand
over to a publisher other rights may be as
disastrous as handing over the publication of more
than one volume.
II.
The next agreement, to which we desire to draw
attention, is a common form of agreement issued
by Messrs. George Allen & Sons. We print this
document at length :—
MEMORANDUM OF AGREEMENT made the day of
19 , between , hereinafter referred to as the
author of the one part and , hereinafter referred to
as the publishers of the other part, whereby it is mutually
agreed between the parties thereto for themselves and
their respective heirs, successors, executors, and assigns, as
follows:–
1. The publishers will, at their own expense, produce
and publish the author's work at present entitled
consisting of about thousand words.
2. The author will deliver the complete manuscript to
the publishers on or before next. (This is of the
essence of the contract.) And the publishers undertake to
issue the work not later than º
3. The copyright is hereby vested in the publishers, who
shall have the entire control of the publication and terms
of sale of the work, and the author shall not, without the
consent of the publishers, publish any abridgment, trans-
lation, or dramatised version of the work.
4. The publishing price in England of the first edition of
the work shall not be less than , and the publishers
shall pay the following royalties, i.e.,
The author shall be entitled during the continuance of
the copyright to a royalty of per cent. of the pub-
lished price of all copies sold in Great Britain up to
copies. -
A royalty of
British Colonies.
A royalty of per cent. of the published price of all
copies exported to America, or, if the book be copyrighted
there, to one half the total amount received from the
American publishers.
A royalty of 10 per cent. on the amount realised in the
event of the book being sold as remainders.
5. Accounts shall be made up annually as on the 31st
December and shall be settled on or before the 30th April
following. In taking the accounts thirteen copies shall be
reckoned as twelve (or twenty-five as twenty-four, as the
case may be); copies supplied for review and presentation
shall not be subject to royalty; and author's corrections
exceeding an average cost of shillings per sheet of
thirty-two pages shall be at the author's expense and be
deducted from the author's royalty. The author shall be
entitled to copies of the work free of charge.
6. The author guarantees that the work does not infringe
the copyright of any other person, and that it contains
nothing of a Scandalous character, and will indemnify the
publishers from all loss, costs, and damages for actual or
alleged infringement of copyright, libel, or otherwise, in
consequence of or arising out of the publication of the
work.
7. The author during his life shall, on the publishers'
request, Tevise, and if necessary edit, and prepare for the
press all future editions which the publishers shall decide
to publish, and from time to time supply any new matter
that may be needful to keep the work up to date. In the
event of the author's death, or of his inability, by reason of
}
pence per copy on all sold in the
illness, absence from England, or otherwise, to do so, the
cost of such revision and preparation shall be borne
equally by the author or his representatives, and the pub-
lishers and the author's share of such cost shall be a charge
upon and be deducted from the author's royalty.
8. If the publishers shall, after the whole of the first or
any later edition shall have been sold, and after not less
than six months' notice in writing from the author,
decline or neglect to publish a new edition, they shall at
the author's cost assign the copyright to the author ; and
in case of such assignment the author shall take over all
plates, stones, blocks, moulds, etc., specially made for the
work and which could be used for the production of
another edition, at two-thirds of the original cost.
9. The expression “the publishers” shall be deemed to
include, where the context so admits, the person or persons
for the time being constituting the firm of e
AS WITNESS the hands of the author and of the said firm
Of by two of its members.
No author can be recommended to sign this
agreement as it stands. Many publishing firms
issue agreements drawn distinctly in their favour,
but when they find that the author has full know-
ledge of the clauses likely to prove oppressive,
they are generally willing to make modifications
and not infrequently to accept all or most of the
author's emendations and alterations.
In this particular case the firm which issued
this agreement stated, so we are informed, that no
publisher nowadays thinks of entering into an
agreement with an author unless the author con-
sents to transfer his copyright. In actual fact the
exact opposite is the case.
In the first instance let us consider the parties.
The agreement should be made between the author
and the publisher only. The contract should be
personal to the publisher and should not be with
his respective heirs, executors, successors and
assigns. Clause 1 does not call for any particular
comment, but in clause 2 the inequality of the
agreement is immediately evident. The publisher
seeks to bind the author to deliver the MS. by a
fixed date and to make time the essence of the
contract, but there is no corresponding obligation
on his part to make time the essence of the
contract when the question arises as to the
date of publication. If it is important for
the publisher that time should be made the
essence of the contract it is even more important
for the author. Clause 3 is a clause to which
particular attention should be drawn. The author
should never transfer his copyright to a publisher.
How often has this statement been made in these
columns ! But so long as publishers insist upon
inserting clauses of this kind in their agreements,
so long must the repetition of the formula be
printed : “The author must never transfer his
copyright to the publisher.” The reasons for
this are manifold, but it is not necessary to
repeat them at the present time. The author
should grant to the publisher a licence to publish
## p. (#680) ################################################
268
TISIE AUTISIOR.
the work in book form only, at a fixed price and
in a form to be mutually agreed between the parties.
The latter part of clause 3 we have met in other
agreements. It may be reasonable that the author
should not be permitted to publish an abridgment of
his work without the consent of the publisher, if
such abridgment is likely to detract from the
value to the publisher of his contract, but that the
author should not be allowed to publish a trans-
lation or dramatised version of his work is an absurd
prohibition. To the ordinary author, who trusts
his publisher, it might appear that he had merely to
inform the publisher that he had received an offer
for such translation or dramatisation, and the pub-
lisher would, as a matter of course, without any
demur, grant his consent. We have, however, met
a publisher—not the one whose agreement is before
us—who has, in such circumstances, withheld his
consent until the author agreed to give him 50 per
cent. of the profits. The words must, therefore, be
struck out of the clause. In clause 4 it is quite
right that the published price should be settled, but
not for the first edition only. The publisher should
only be granted a licence to publish at agreed
prices. It will be noticed in clause 4 that although
the author has sold the copyright to the publisher,
there is no stipulation made for any payment to
the author if the work is placed serially, or if the
publisher chooses to sell translation rights. The
royalties to be paid are only on the English,
Colonial, and American editions, and in the last-
mentioned case, supposing the author, by his own
unaided efforts, succeeds in obtaining American
copyright, he will have to pay half the total amount
to the publishers. In the last paragraph of the
clause the author should be given a larger measure
of control. The publisher should not be allowed to
remainder when he likes without considering the
author's position. The account clause, again, is
very unsatisfactory, for if the book were published in
January—a not uncommon month in which to pub-
lish books—the author would not receive any money
until the following April year. As the largest sales
of a book occur during the first three or four
months, the publisher would hold the author's
money for twelve months. One enterprising
author has worked out an interesting mathematical
sum by which he shows how a publisher, by means
of an account clause drawn on these lines, could
run the expenses of his business on moneys belong-
ing to authors which he had in hand. . The ques-
tion of thirteen copies being reckoned as twelve
in the rendering of accounts has been explained
over and over again in these columns. We do
not desire to repeat the warning. Clause 7 should
be deleted entirely. The author of the work alone
should have the right of revision. The clause as to
revision refers only to technical books and Scientific
works et hoc genus omne which necessarily require
to be re-edited with the development of knowledge
or the alteration of methods. If the author desires
to retain control as to revision, then he should
limit the publisher, in the first clause, not only to
the right of publication in book form at a fixed
price but also to a limited edition. He can always
offer the publisher the option of producing further
editions, subject to any revisions or alterations he
may desire incorporated. The clause as it stands
must, as we have remarked, be deleted. Clause 8
would be unnecessary if the agreement were drawn
on the lines we have suggested, but if the author
has sold the copyright to the publisher, and the
latter chooses to assign it to some other house, it
is not likely that the assignee will be bound by
clause 8, and, in any event, that the book should
be out of print for six months is very unsatisfactory
to the author. The publisher should be bound,
in order to show his bona fides, to publish a new
edition of at least five hundred copies, and the
author should not be bound to take over the
moulds, stones, etc. He might have the option of
taking them over at a valuation. If he takes
them over at two-thirds cost, first, they may not
be in good condition, and secondly, he is practically
insuring the publisher against any loss from the
publication of the book. Clause 9 should be
deleted for the reason given at the beginning of
this article.
—e—º-e—
MAGAZINE CONTENTS.
—e-º-e—
BOOKMAN.
The Humour of Mark Twain. By Barry Pain. *
Mark Twain, The Man and The Jester. By Walter
Jerrold. - .
Thomas Hardy.
ENGLISH REVIEW.
The Handling of Words : Meredith. Henry James
By Vernon Lee. - -
The Dramatic Sense. By Gilbert Cannan.
Through the French Salons. By C. F. Keary.
The Women of Shakespeare. By Frank Harris.
FORTNIGHTLY.
Tourguenieff. By Francis Gribble.
Tourguenieff and the Life Illusion.
Curle.
A Philosophic Emperor.
Wm. Quiller Orchardson.
Walt Whitman—the Poet of Nature.
M.D.
Sterne's Eliza. By Lewis Melville.
The Last Meeting with Bjornson.
NATIONAL.
Lyttelton as a Man of Letters. By Austin Dobson.
A King of Manuscript Collectors. By W. Roberts.
A Poet’s Prose. By Mrs. T. A. Trollope.
By Richard H. P.
By W. L. Courtney.
By Mrs. Alec Tweedie.
By J. Johnston,
## p. (#681) ################################################
TISIE AUTISIOR.
269
HOW TO USE THE SOCIETY.
—e-C-0–
1. WERY 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. The
Secretary of the Society is a solicitor; but if there is any
special reason the Secretary will refer the case to the
Solicitors of the Society. Further, the Committee, if they
deem it desirable, will obtain counsel's opinion without
any cost to the member. Moreover, where counsel's
opinion is favourable, and the sanction of the Committee
is obtained, action will be taken on behalf of the aggrieved
member, and all costs borne by the Society.
2. Remember that questions connected with copyright
and publishers' agreements do not fall within the experi-
ence of ordinary solicitors. Therefore, do not scruple to use
the Society.
3. Before signing any agreement whatever, send
the document to the Society for examination.
4. Remember always that in belonging to the Society
you are fighting the battles of other writers, even if you
are reaping no direct benefit to yourself, and that you are
advancing the best interests of your calling in promoting
the independence of the writer, the dramatist, the composer.
5. The Committee have 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 stamp agreements in readiness for a possible action
upon them. (2) To keep agreements. (3) To enforce
payments due according to agreements. Fuller particu-
lars of the Society’s work can be obtained in the
Prospectus.
6. 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 with publishers submitted to
them by literary agents, and are recommended to submit
them for interpretation and explanation to the Secretary
of the Society.
This
7. Many agents neglect to stamp agreements.
The
must be done within fourteen days of first execution.
Secretary will undertake it on behalf of members.
8. 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.
9. The subscription to the Society is £1 1s. per
annum, or £10 10s. for life membership.
a –a– a
v-v-w
WARNINGS TO THE PRODUCERS
- OF BOOKS,
—e-Q-e—
ERE are a few standing rules to be observed in an
agreement. There are four methods of dealing
with literary property :—
I. Selling it Outright.
This is sometimes satisfactory, if a preper 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 should be attended to :
(1.) Not to sign any agreement in which the cost of pro-
duction forms a part without the strictest investigation.
(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.
This is perhaps, with certain limitations, the best form
of agreement. 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 the
truth. From time to time very important figures connected
with royalties are published in The Author.
IV. 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
In 62, DS. -
(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.
(3.) Always avoid a transfer of copyright.
—e—º-e—
WARNINGS TO DRAMATIC AUTHORS,
EVER 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 any one 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 contract
for production of the piece by a certain date
and for proper publication of his name on the
play-bills.
## p. (#682) ################################################
270
TFIE AUTISIOR.
(b.) 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 (b.) 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.
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 United States rights may be exceed-
ingly valuable. They should never be included in English
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 information
are referred to the Secretary of the Society.
—A- a
~~
REGISTRATION OF SCENARIOS AND
ORIGINAL PLAYS.
–0-sº-0–
It is extremely
DRAMATIC AUTHORS AND AGENTS.
Sº typewritten in duplicate on foolscap paper
forwarded to the offices of the Society, together with
a registration fee of two shillings and sixpence, will
be carefully compared by the Secretary or a qualified assis-
tant. One copy will be stamped and returned to the author
and the other filed in the register of the Society. Copies
of the scenario, thus filed may be obtained at any time by
the author only at a small charge to cover cost of typing.
Original Plays may also be filed subject to the same
rules, with the exception that a play will be charged for
at the price of 28. 6d. per act.
—º-º-º-
RAMATIC authors should seek the advice of the
Society before putting plays into the hands of
agents. . As the law stands at present, an agent
who has once had a play in his hands may acquire a
perpetual claim to a percentage on the author's fees
from it. As far as the placing of plays is concerned,
it may be taken as a general rule that there are only
very few agents who can do anything for an author
that he cannot, under the guidance of the Society, do
equally well or better for himself. The collection of fees
is also a matter in which in many cases no intermediary is
required. For certain purposes, such as the collection of
fees on amateur performances, and in general the trans-
action of frequent petty authorisations with different
individuals, and also for the collection of fees in foreign
countries, almost all dramatic authors employ agents; and
in these ways the services of agents are real and valuable.
But the Society warns authors against agents who profess
to have influence with managers in the placing of plays, or
who propose to act as principals by offering to purchase
the author's rights. In any case, in the present state of
the law, an agent should not be employed under any
circumstances without an agreement approved of by the
Society.
—e—Q-e—
WARNINGS TO MUSICAL COMPOSERS.
ITTLE can be added to the warnings given for the
assistance of producers of books and dramatic
authors. It must, however, be pointed out that, as
a rule, the musical publisher demands from the musica)
composer a transfer of fuller rights and less liberal finan-
cial terms than those obtained for literary and dramatic
property. The musical composer has very often the two
rights to deal with—performing right and copyright. He
should be especially careful therefore when entering into
an agreement, and should take into particular consideration
the warnings stated above.
—e—sº-0–
STAMPING MUSIC.
The Society undertakes to stamp copies of music on
behalf of its members for the fee of 6d. per 100 or part
of 100. The members’ stamps are kept in the Society's
safe. The musical publishers communicate direct with the
Secretary, and the voucher is then forwarded to the
members, who are thus saved much unnecessary trouble.
—e—Q-e—
THE READING BRANCH,
——e-e—
EMBERS will greatly assist the Society in this
branch of its 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
Readers are writers of competence and experience. The
fee is one guinea.
—º-
REMITTANCES.
—º-º-º-
The Secretary of the Society begs to give notice
that all remittances are acknowledged by return of post.
All remittances should be crossed Union of London and
Smiths Bank, Chancery Lane, or be sent by registered
letter only.
## p. (#683) ################################################
TISIE AUTISIOR.
271
GENERAL NOTES.
—º-º-º-
MEMBERS are reminded that The Author is not
published in August or September. The next issue
will appear in October.
GOGOL CENTENARY, 1909.
THE Russian “Society of the Friends of Russian
Iliterature" has very courteously sent us the
Official Report of the Centenary of Gogol. The
volume contains a very full record of the pro-
ceedings on the actual centenary of the birth of
Gogol, March 29, and on the three days of the
festivities, April 26, 27, and 28, 1909. The
unveiling of the Gogol Memorial Statue at Moscow
took place on April 26, having been preceded by a
solemn requiem mass in the Cathedral of the
Saviour. A considerable number of papers on
Gogol were read during the festivities, and will be
welcomed by the students of Russian literature as
substantial additions to what has been hitherto
known of the celebrated novelist. After a com-
plete record of all the letters of congratulation and
sympathy (accompanied in the case of those in
foreign languages by Russian translations) received
by the committee, the volume concludes with a list
of the memorial wreaths offered. Two illustrations
present a portrait of Gogol and a view of the
Gogol Memorial Statue. The letter of the “Society
of Authors” will be found on page 245.
AUTHORS AND PUBLISHERS.
WE are interested to see that authors and pub-
lishers met in friendly rivalry on Lord's Cricket
Field on Derby Day, June 1. The match was
just too late to chronicle in the June number, but
we must even at this late date congratulate the
authors who were successful, though the match was
an exciting one. Mr. Snaith and Mr. Hesketh
Prichard made the highest scores for the authors ;
Mr. Dene and Mr. Longman for the publishers.
As far as the bowling was concerned, Mr. Hesketh
Prichard and Mr. Irwin divided the honours for
the authors, and Mr. Longman took the largest
number of wickets for the publishers.
In the second innings, there was one century
scored on behalf of the authors by Mr. R. B. J.
Scott, but the match had to be decided on the
first innings.
So accustomed is the public to give precedence
to the publishers that we note with some amuse-
ment that the heading of the cricket cards issued
on the ground runs “Publishers and Authors.”
We are glad that the authors upset this position as
far as the result of the match is concerned.
THE PRESIDENT OF THE SOCIETY
AT the first meeting of the Committee after the
seventieth birthday of the President of the Society,
Mr. Thomas Hardy, the Committee, as representing
the members of the Society, decided to send Mr.
Hardy a letter of congratulation. We have much
pleasure in printing below the letter that has been
forwarded under the signature of the Chairman of
the Committee, Mr. Maurice Hewlett, in accordance
with this resolution :-
“10th June, 1910.
“MY DEAR HARDY,--I find that the Committee of our
Society, in my absence, has laid upon me the happy duty
of congratulating you upon your recent seventieth birthday.
This I do now, and heartily, in the name of us all. It is a
matter of pride to me that it has fallen within my term of
office to invite you to the Presidency of the Authors’
Society and to have received your acceptance of the post.
Collectively now, as individually always, we writers are
able to follow and rejoice in your successes. You have set
us from the very outset an example of literary sincerity and
honour which, apart from your genius, cannot have failed
to inspire and enhearten every one of us. It is a great
matter for us, and for those who yet remain outside our
body, that you should celebrate your seventieth year of life
by the publication of a book of beautiful and stirring
poetry. We look forward with confidence to further
volumes, and sincerely wish you the health and vigour to
accomplish what your mind may conceive.
“Believe me to be, my dear Hardy,
“Yours ever sincerely,
“(Signed) MAURICE HEWLETT.”
—e—º-e—
UNITED STATES NOTES.
—º-º-º-
HE death of Mark Twain on April 21 over-
shadows everything else in the recent
annals of American literature, for Mr.
Clemens was a national institution like Abraham
Lincoln and Mr. Roosevelt, and was a typical
American in other ways as well as a humorist.
Before he commenced writing he had been painter,
able editor, a pilot on the Mississippi, a confederate
soldier, a miner. “Huckleberry Finn,”, “ Tom
Sawyer,” “Roughing It,” and the travel books,
long ago anticipated that “Autobiography” which
is yet to come. It must also be said that if he
was American in energy, versatility, acuteness, and
humour, he was also American in superficiality
and deficiency in the aesthetic sense. He was not
content to hate humbug, he must"also contemn
what he could not appreciate ; he had but little
power of self-criticism.
But if he was not precisely a great man, or even
perhaps a great writer, he had elements of greatness
both in his life and his work.
The spontaneity of his humour by itselfgave him
high rank amongst men of letters ; whilst the
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272
TISIE AUTISIOR.
noble struggle which he made when entering upon
old age to retrieve the failure of the Webster
fiasco justifies a comparison with that of a great
British author a century before. But Mark Twain
was in this respect even more successful than
Scott ; for he lived to see the fruit of his labours,
and to enjoy an abundantly honoured old age. It is
highly satisfactory to have the statement of the
Harpers that his daughter is amply provided for.
His other literary executor, besides Mrs.
Gabrilowitsch, is Mr. Albert Bigelow Paine.
We take this somewhat tardy opportunity of
congratulating the Dial on its thirtieth birthday.
The chorus of good wishes which came from east
and west, old and young, must have been very
pleasant to our contemporary to print ; it formed
the best of all possible testimonials to the apprecia-
tion which is felt for the Chicago organ as a force
in literature.
Mr. Charles Leonard Moore, in the anniversary
number of the paper, has an interesting article
upon “The Interregnum of American Literature.”
He traces the existing “comparative dulness and
poverty" more to an appetite for the didactic than
to “the preaching and practice of the dogma of
realism "; blames the magazines (justly, in our
opinion) for their levelling-down tendencies; but
makes his “last indictment " the fact that of
late literature “has been edited for women.” He
but
finds signs of improvement in our prose ;
concludes wisely that “until we believe in poetry
again, we shall not be saved.”
Meanwhile there comes a wail from Boston over
the way editors get hold of promising fiction-
writers and turn them on to other and more lucra-
tive tasks, filling up their places with the detective
story and “the frankly farcical adventures of
missionaries in cannibal lands.” But the Wation
leader-writer, like Mr. Moore, discerns indications
of a return to better things; and we trust that he
will prove right.
New York, through the Bookman, contributes
“The Confessions of a Literary Drummer,” who
relates his efforts to sell books by describing them
according to the methods of Walter Pater and
Henry James. He tells how he heard a fellow-
traveller give “the straight dope ’’ to a customer
and beheld the latter's nodding assent. “This
novel here is merchandise, and you want a hundred
copies; this is literature, and one will about do
you.” The testimony of a buyer in a big depart-
ment store, one Hammelstein, was to the same
effect ; he bought “novels of genuine literary
merit” one at a time, and this Hammelstein was
one whose aim was “to pick the winners.”
Another customer, who was discovered in his
cellar, allowed “there was quite a movement among
some of the married ladies of the town to get their
husbands to stay at home and read novels instead
of playing poker down at the Elks' Club "; but,
he added, “that's sorter died out.”
And at the last, we are told how the poor
“drummer’’ capitulates to commercialism and
drops Pater and Mr. James.
It has been announced that Booth Tarkington's
father is also among the authors, he being identical
with John Steventon, author of “The Hermit of
Capri,” issued some time since by the Harpers.
Two books by sailors stand out among spring
publications. Rear-Admiral Chadwick has written
a useful account of “The Relations of the United
States and Spain,” which has historical merit,
though it is naturally based chiefly on American
material and requires supplementing from the other
side.
In his “Admiral’s Log,” Robley D. Evans con-
tinues his breezy Recollections. Amongst other
things, he tells how, before he set out for his
Eastern cruise, President Roosevelt said that he
sailed “with the confidence of the President more
completely than any admiral ever did before,” and
bade him realise his responsibility if the cruise
should not turn out peaceful. The Admiral's account
of his interview with the Dowager Empress of
China is still more remarkable.
In his “Recollections of a Varied Life " George
Cary Eggleston draws a very attractive picture of
Virginian life before the war, and later on narrates
many anecdotes of his literary and journalistic
career. An interesting feature is the more favour-
able estimate than that usually current which is
given of Bryant, to whom the author was assistant
on the New York Evening Post.
Miss Lois Kimball Matthews's book, “The
Expansion of New England” is a substantial con-
tribution to history, written in a clear and unpre-
tending style, and illustrated by numerous excellent
maps. -
Winston Churchill, like so many other novelists,
has attacked the American marriage question. His
latest work, “A Modern Chronicle,” is admitted on
all hands to show an advance in literary power.
On the other hand, Marion Crawford's posthum-
ous book, “The Undesirable Governess,” can hardly
be said to show him at his best, though it has
much undeniable cleverness.
Prof. Brander Matthews, in “A Study of the
Drama,” has crystallised the contents of much
periodical writing. Whilst his grasp of the subject
will be very generally conceded, not everyone will
accept his views on the parochialism of Ibsen, or
his defence of the practice of writing plays to fit
players.
A historical novel of rather unusual quality is
“Nathan Burke,” by Mary S. Watts. It purports
to be the autobiography of General Nathan Burke,
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TFIE AUTISIOR.
273
a hero of the Mexican war and afterwards a mem-
ber of the Ohio bar.
Jack London's latest volume, a collection of
stories entitled “Lost Face,” will please a very
different set of readers, the hunters after “realism.”
“The Life of Daniel Coit Gilman,” by Dr.
Fabian Franklin, will be of interest to all educa-
tionalists. The author was Dr. Gilman's colleague
at Johns Hopkins, which was the chief but by no
means the only field of his achievements.
Our obituary list includes Prof. Alexander
Agassiz, the well-known Zoologist, and President
of the Calumet and Hecla Mining Company,
who, born in Switzerland, graduated from Harvard
in 1855 ; Orville Victor, who wrote much upon
the Civil War ; Dr. Borden Parker Bowne,
Dean of the Graduate School of Arts and Science,
Boston University, and author of some excel-
lent works on Philosophy and Ethics, several of
which have been translated into various European
languages; Myra Kelly (Mrs. Allan Macnaughton),
a popular writer of short stories; William Graham
Sumner, Professor of Political Science at Yale, and
author of “A History of Banking, in the United
States,” lives of Andrew Jackson, Alexander
Hamilton, Robert Morris, and other works.
THE FOURTEENTH INTERNATIONAL
PRESS CONGRESS.
—0-0-0–
N writing in The Author for November, 1909,
the account of the International Conference
of the Press held in London, I had to say I
could not follow the sequence, as the Thirteenth
Congress of the Press would take place in Rome ;
but as the Bureau Central has adopted the title of
the Fourteenth Congress, for the one just held on
board a liner on the Adriatic, presumably the Rome
Congress will be the Fifteenth : by calling the
London Congress an intervening Conference, did
they wish to avoid the supposed evil number of
thirteen P
It was a most happy idea of President Wilhelm
Singer to hold the Conference, at the end of May
in 1910, on board a liner. The rendezvous was at
Trieste, where the International Press men were
cordially received. His Serene Highness the
Governor of the Province, Prince Hohenlohe, His
Excellency Dr. von Derschatta, the President of
the Austrian Lloyds (upon whose liner, the Thalia,
the Conference was to be held), the President of
the Trieste Chamber of Commerce, the Mayor of
Trieste, and other notables received the members
in the great Hall of the Lloyds.
As in the case of the London Conference the
representatives were limited to two for each
association, and as both the President, Mr.
Arthur Spurgeon, and the Bureau representative,
Mr. D. A. Louis, were out of England, Major
Gratwicke represented the association, and Mr.
James Baker took Mr. Louis' place on the Com-
mittee of Direction. After a drive round the
town, a banquet was held in the Hall of the
Chamber of Commerce. Then, on the return to
Trieste after a delightful run by boat to Capo
d’Istria, a reception was given by Prince and
Princess Hohenlohe at their official residence.
The business of the Conference began at 9.30 a.m.
on board the Thalia. The assembly was presided over
by President Singer, supported by Prince Hohen-
lohe, and the members of the Committee of Direction,
including the General Secretary, M. Taunay, and
Herr Schweitzer, the Hon. Treasurer. There were
about 200 journalists present. The President,
after the usual word of respectful reference to His
Imperial and Apostolic Majesty Franz Joseph I.,
at which the whole assembly stood, went on to
speak of the historical event that had put the
whole of the great English nation in mourning,
the death of King Edward the VII. Their thanks,
he continued, were due to their colleagues for the
success of the London Conference. Prince
Hohenlohe, in the name of the Austrian Govern-
ment, then welcomed the members from the
various nations. His words were emphatic upon
the value of an open and free Press, for he said a
Government that was enforced to work without
the concurrence of the Press was like a deaf and
dumb man cut off from the outer world and con-
demned to an unfruitful life. After the general
meeting was over the Committee of Direction met,
and the statutes debated and passed at London
were declared en vigeur, and the officers for five
years, as by the new statutes, were elected.
The President, Herr Singer : Vice-Presidents,
M. M. Schweitzer, Berlin ; Hebrard, Paris;
Ralmondi, Rome ; Secretan, Switzerland. General
Secretaries, Taunay and Janzon. Signor Ralmondi,
thus taking the place of Signor Cantalupi. Herr
Schweitzer, of Berlin, was re-elected Treasurer.
A telegram of homage and good wishes from the
Conference was despatched to His Imperial
Majesty, Francis Joseph I., which was acknowledged
by a marconigram from Buda Pest, the Emperor
wishing the Conference a pleasant sojourn in his
dominions. This was read at the next business
sitting of the Congress, which was held on board,
on May 20, after a visit to the fantastic and
fascinating Blue Grotto of the Island of Busi.
The discussion at the meeting was upon the
power and right of judges to enforce a journalist
to divulge professional Secrets. The state of the
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274
TFIE AUTISIOR.
law being so different in other countries from that of
England, during the discussion, which was very
animated, and at which the delegates of Italy,
Switzerland, France, Germany spoke, Mr. James
Baker explained that the English delegates had at
the Berlin Conference, through Mr. J. R. Fisher, one
of their members, put forward the English position
in this matter : and by his statement the English
delegates must abide. *.
It was decided that international propaganda be
adopted in favour of the preservation of professional
secrecy for journalists, and a general inquiry be
instituted with the view of discovering a general
formula towards the realisation of which the dele-
gates of each nation should work.
Major Gratwicke drew the president's attention
to the fact that the English delegates did not vote
upon this matter. -
The third sitting of the Congress took place on
the morning of May 22, and, as the heat was very
great, this time under the upper, awning-enclosed
deck of the Thalia, which made a very good
Congress Hall.
The first subject debated was the professional
tribunals and the election of judges for each
country for arranging international disputes upon
professional matters. Mr. D. A. Louis, who had
been re-elected as bureau representative, had
already been elected to act in this capacity by the
English association, and other countries made
their elections. The question of “Conseils de
Prudhommes,” as in vogue in Italy where these
trade judges had given compensation which had
been accepted as legal, was debated, and the
question of provident societies was decided to be
brought up at Rome.
The subject that caused the most ardent debate
was that of the relations between Parliament and
the Press.
This was brought forward under two heads:
first, as to the right of Members of Parliament,
under the protection of their immunity, to slander
and revile, not in a political sense, but even upon
personal matters, individuals and associations, and
especially pressmen. Signor Wittoria suggested
this matter should be left alone, and the writer
suggested the Press had the power by adopting
absolute silence upon such calumnies. Men who
uttered them did it for notoriety, and silence killed
that.
The second part of the question turned upon
the facilities given to journalists for carrying out
their work in the parliaments. In some countries
the journalist is only admitted with the public,
and gets a seat where he can ; and it was proposed
that the delegates of each country should bring the
matter before their parliamentary members, to
secure proper facilities for journalists for their
work and for means of communication with M.P.'s.
Mr. James Baker referred to the gallery and
lobby facilities afforded to English pressmen, and
recent developments of these facilities. He was
asked to prepare a report of the English arrange-
ments for the Rome Congress, M. Taunay remark-
ing that, if British journalists were satisfied,
perhaps some foreign journalists living in England
might have something to say.
M. Taunay then brought up the point that
questions to be considered at the Congress were
to be sent in by December 31 of each year, but
they did not come, and he appealed to members
to send to their presidents subjects to be con-
sidered by the Bureau Central.
The place where the next Congress should be
held was then discussed, and the invitation from
Rome repeated in an enthusiastic manner by
Signor Cohen. After some discussion the place
of the next Congress was then put and Rome
was carried unanimously.
The holding of this Congress on board ship,
instead of lessening the debates and opportunities
of intimate conversation, really increased these
opportunities. And the excursions and banquets
did not occupy so much time as usual. But the
views of the coast of Dalmatia, the scenes at Pola
and Brioni, and above all the entrance to the
Bocche di Cattaro, and the drive up to the frontier
of Montenegro were much enjoyed, as also was the
visit to lovely Ragusa.
At Abbazia an illuminated concert was given,
and the final banquet held. The writer, having
been before on the Istrian coast with the British
journalists, was asked to speak. He expressed
the wish that Austria, the country so full of
marvels, of glorious scenery, and of such varied
peoples whose history was so full of romance and
dramatic interest, might be more widely known and
better understood by all English-speaking people.
After the official close of the Congress many of
the members visited the astounding Stalactite
Caverns of Adelsberg, and halted at the interest-
ing towns of Laibach and Graz en route for
Vienna.
JAMES BAKER.
—e—º-e—
IDEAS, AND HOW TO PROTECT THEM.
—º-º-º-
BY CRUSADER.
III.
E pass on now to a question concerning
which no man is able to write at his
ease, because he is sure to provoke
criticism from chivalrous-minded readers. What
is the position of women writers ? Is it not
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TFIE AUTHOR.
275
true that women lower the market value of all
Workmanship 2 This fact is indisputable, and
too often it is discreditable to their sex. Some
Women can afford to write for one thing only—the
pleasure of seeing their copy in print ; they forget
that their competition is a dastardly flanking attack
On the professional authoress who has to earn her
bread by her pen. Other lady amateurs write for
pin-money because they are able to live in comfort
at home with their parents; and all this hateful
dilettantism gives encouragement to the old business
custom of paying women a dwindled price for their
labour. These matters, and a good many others,
need patient and thorough consideration from a
sub-committee of women writers, with special
reference to their effects on the profession of
letters and to the means by which our society may
check their bad influence. In this inquiry atten-
tion would be given of course to those magazines
and weekly papers which appeal to women. What
are their rates of payment, and what their probable
revenue from advertisements 2 What influences
are brought to bear on contributors ? It is neces-
sary to gather full information on all points of
business; then the long struggle which women
writers have to encounter can be made less
hazardous for themselves and less harmful by its
action on the market prices offered to men. Far
too often their position has a tendency to debase
their character. A recent book on “ Modern
Journalism " says, in cowardly language, that lady
journalists are “exceedingly deficient in honour-
able instincts,” and “try to foist on you articles
which you had never commissioned”; that “the
amount of jealousy which they will exhibit is not
creditable to their sex,” and that their style is full
of “truisms” and “base journalese conventionali-
ties.” Wrong produces wrong invariably, and
women start work handicapped by the sweating
system which they inherit from age to age.
It is only by collecting facts, to be shown to the
general public, that urgent matters of this sort can
be bettered. Very little can be done without help
from public opinion. Yet authors are not at all
eager to win that help in a speedy manner. This
magazine, for instance, ought to be something
much more than the official organ of our society;
it should be at the head of literary papers, with a
household suffrage of its own in all parts of the
British Isles. Then there would be a jury of
public opinion between us and the many grievances
and injustices that make a literary life of ups and
downs far more precarious and Onerous than it
need be and should be. Yet, somehow, we hang
back from the duty of making The Author a maga-
zine which the public would gladly buy.
A financier once said to me : “It is impossible
to understand the wasteful philanthropies of
authors. If they had any business common
sense at all they would see that they have the
power to own and run all the publishing that the
public is able to support. Publishers are quite
unnecessary ; their profits, and all the profits on
magazines, ought to flow into the exchequer of a
Vast trade managed by authors for their common
good. Instead of this organisation writers prefer
a never-ending dispute for ordinary justice at the
hands of the thousand traders who at the present
time treat authors with no more respect than mine-
Owners used to show to colliers. There are mines
of gold and of silver in literary ideas. Why aren't
they worked by authors for their profession as a
whole 2 Don't you need the profits of publishing
for pension funds and for the encouragement of
those types of literature which have never appealed
to the great public 2 Authors cannot escape from
the commercial side of their profession ; each must
understand publishing methods if he feels called
upon to get fair treatment for his work; and this
being so, why not use this necessary knowledge in
the actual work of publishing 2 What do authors
gain by employing so many grasping agents that
even a Dickens and a Thackeray had to go on
lecturing tours before they felt safe financially P”
These questions provoke the same astonishment
among many persons. Authors do not know their
power. Each feels isolated from his fellows, and
stumbles alone up an old and ill-kept road, with
many pitfalls lying about his feet. For all that,
logic rules the world, and the day will come when
the pitiless logic of events will compel authors to
unite and to publish their own work. Every
increase of competition brings this day nearer and
nearer, as authors are always the first to suffer
from the waywardness of misfortune in trade. For
a long time writers of fiction were exempt, more or
less, from the dire hardships that pressed upon
other writers, essayists, historians, and students of
the past in many other kinds of research ; but now
that novels and stories are carried along in the
usual course of modern trade through over-produc-
tion into the cesspool of cheapness, our society, as a
whole, has a very simple question to consider.
Whither are we going 2 Can we at the same
moment support ourselves and our homes and
yet encourage an insane competition among
tradesmen 2 We are subject to the law that the
fittest survive ; but among which class connected
with literature are we to look for the fittest ?
Among ourselves, or among publishing speculators,
booksellers, printers, dealers in “remainder ’’ copies,
and the owners of circulating libraries 2 Can we,
under the conditions of modern trade and subject
to the demon of mad gambling, support all those
agents and yet be sure that we are doing the best
we can to pay our debts and be useful citizens 2
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276
TISIE AUTISIOR.
I have proved beyond all question that publishers
could thrive while authors starved, owing to their
system of finance, which consists in using the same
money three or four times in a year, with the result
that even a small profit per cent. On each turnover
becomes a very handsome profit per cent. On the
several turnovers. There are publishers who aim
deliberately at little editions, just because little
editions are friendly to this rolling finance which
gathers profit as a snowball gains in size when you
turn it over and over in the Snow. It is not on
small editions that authors can live, and the few
popular favourites whose sales are large must not
forget the less fortunate many who share, with our
late president, the difficulty of waiting till a tiny
circle of readers grows slowly into a bigger one.
These facts alone call upon us to consider with
care and pluck the expediency of publishing our
own work instead of tossing it into the maëlstrom
of speculation and competition that now swallows
up and destroys a huge percentage of books.
But there are other facts every whit as important.
There is, for example, that dishonesty which at the
present time “remainders” expensive books long
before they have had a chance to find their public.
One publisher, in revolt against this vile custom,
has appealed for help to the booksellers, but book-
sellers, of course, are able to protect themselves
from it, since they can refuse to buy any expensive
work which is issued by a tradesman whose name
is connected with remaindering tactics. “Once
bitten, twice shy,” is the motto of careful book-
sellers in this matter. From certain publishers,
all well known, they are willing to take expensive
books “on sale or return,” a lamentable system of
trade for authors, because booksellers are not in
the least likely to push the sale of a borrowed book
when they have their own purchased stock to turn
into profit. That is of no consequence to the
publisher who is able to tell his authors that he
has done the very best he could for them. “I gave
you a good display in the shops,” he writes or says,
“advertised you in my lists of books, got out
circulars, but you know what the public is to-day
—quite incalculable.” As a rule he adds that his
loss has not been “wiped off” by the remainder-
ing, and this has a great effect on the minds of
authors, who, somehow, are usually prepared to
take sides against their own interests.
Let us then see what aims the “remainder
system” tries to make real. In the first place, an
expensive book—that is, a book that costs much in
its production—is at standing odds with the
routine of a publisher's finance. It does not
attract the circulating libraries, its appeal is
addressed to a small section of the public, and the
chances are that the money invested in it would be
used more safely in novels written by men who
have a Sale of a thousand copies each. Six or
Seven novels of this type can be issued at about
the same cost as one book with many good illus-
trations and 85,000 words of text. Every publisher
knows this, and yet there is a growing competition
in illustrated work of many kinds, all costly and
hazardous. Why? The reasons are many —
1. A publisher’s “novelties” must have variety.
2. A good many illustrated books have had a
huge sale, the largest known being more than
27,000 copies.
3. There is thus a chance that a bold experiment
in a high cost of production may bring a large
profit and enhance the publisher's reputation.
4. It is often easy to sell good editions in sheets
to the U.S.A., as well as other editions to the
British Colonies ; and
5. A good book with illustrations fetches a
better price in the remainder market than any
other book, so that this fact is from the first a
comfort to the publisher. When the price per
copy is high, above £1, he is able with tact and
skill to cover a good deal of his cost by his first sales
outside Great Britain ; then come the second sales,
to a bookseller here and there who happens to know
a few certain buyers ; next, the third sales,
gathered by circulars, which are usually distributed
more or less at random ; and then the reviews in
important journals, when good, find some pur-
chasers also, though not many as a rule. The
publisher now feels that he has done his routine
duty towards his author; and his methods being
Stereotyped he is certain that good sense cannot
with justice ask him to do more. Why should he
compile address books of those readers and students
who take delight in special subjects P Why should
he write to them and send attractive circulars not
once, but many times over a period of at least two
years ? All this ought to be done, but it would
upset his system of finance and add greatly to his
work. He would have to become a thorough sales-
man as well as a publisher, and give personal and
prolonged attention to each author's work and
interests. It is far simpler to job his stock into the
remainder market ; then booksellers and second-
hand dealers will in course of time find buyers.
Many a book by this means has come by its own,
and is sold to-day for more than its published
price. Its author benefits not one farthing ; he is
just a benefactor to the second-hand tradesmen and
their customers.
So, then, the follies of remaindering are very
harmful. They discredit authors in the opinion
both of booksellers and of private buyers; they
give rise to a belief that publishing methods ought
never to be trusted ; and they discourage the pur-
chasing of expensive books, since they betray
everybody who buys at the full net price.
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TFIE AUTISIOR.
277
At a time when the great majority of persons
either hire books from libraries or borrow them
from reading clubs, it is fatal to strike at the con-
fidence of those who do buy new work from authors.
Free libraries, circulating libraries, reading clubs,
and other agencies to turn us into borrowers and
hirers, are surely enough for any author to com-
pete against. Yet any one who has a good book
is sure to be asked to lend it to his friends. People
who would be ashamed to borrow knives and forks,
or boots and umbrellas, thank their lucky stars
when they are able to get books without paying a
penny for a day’s reading. It never seems to them
that they are defrauding authors. To enjoy a book
without paying for that enjoyment is as mean as it
would be to beg for a free dinner at a public
eating-house. A little time ago a friend wrote
to a novelist and said: “Your books are having a
splendid success. I hope your average sales have
now reached 10,000 copies, for then you will be
able to demand a royalty of 25 per cent. On the
published price.” The novelist, writing from the
Continent, said in reply: “Ten thousand copies
Good heavens ! Well do I know my public. There's
an English colony in this town, and one poor,
draggled, battered copy of my last book has proved
enough. Everyone here has thumbed it and read
it. A single copy has a long life.”
Yet, into this hurly-burly of borrowing the
remainderer hurls his bombshells, as if publishers
were eager to stop all private buying. What are
authors to do 2 If they controlled the market as
publishers of their own work their position would
be easy. As it is, let us grumble and be unpractical.
The end comes at last, and wasted lives don’t count
for much, after all, in the brief season of our
overcrowded days.
Still, there's one more grievance to be considered
in this drama of disenchantments. Literary ideas
are often stolen, as if they belonged to everybody,
like expired copyrights. To suggest an idea or
a scheme of work is often like offering money to a
tramp ; it goes, and you gain nothing. Publisher
cribs from publisher, and says that competition
drives him to the act ; no new idea is safe, either
before or after publication. Again and again five
or six books on the same topic appear at the same
time, showing how hard it is for an author to get
commissions by submitting projects. He is far
more likely to set tradesmen thinking about
variants of his planned treatment. This, unluckily,
is ever a risk. You have an idea for a book and
think out your plan, putting aside many other
ways in which it could be treated. This done, you
try to find a market, and you cannot foresee by
whom your letter will be opened. It may be the
chief of a great business, or perhaps his secretary,
or perhaps a subordinate in some department ;
but, anyhow, your scheme is certain to suggest
many variations to any mind having practical
intelligence. Those variations, again, though
springing from your idea, have often no evident
likeness to your proposal, yet they cancel what
you wish to do. Consider, then, your risk. You
ask business minds to think for themselves ; you
invite them to modify your ideas into new forms;
and yet you expect to succeed. Why?
Novelists are not troubled in this way, but many
writers are all the year round. Have you ever
received a letter beginning thus:
“Curiously enough, we have already in hand a
Scheme very similar to yours, but more popular in
its treatment . . .” P -
But the matter does not end here. Short stories
run many dangers, for I’m not aware that any
publishing office binds its staff on oath never to
mention a plot which is read in the course of
business. It is also a fact that good plots, good
ideas, once read, have a habit of finding their way
into the reader's conversation. And so I believ
that a great many literary thefts are unintentional,
like a great many plagiarisms; but, in any case,
We must do what we can to set limits to their
harmfulness. Our society, by its registration of
plays, has taken one step in a right direction, and
I think that another as useful may be suggested.
Indeed, why should not our society issue for its
members a counterfoil book for projects, bearing
the official stamp of the society, and of a largish
size 2 For it would need—
(a) A line for the publisher or editor to whom
the project is submitted;
(b) another line for the author's address ;
(c) and another for the date ;
(d) seven or eight lines, perhaps ten, for the
project and its planned treatment;
(e) three lines for variants of the suggested
title ;
(f) six or seven lines to show that the subject
can be treated in other ways. This, of course, is
very important, if an author wants to protect his
idea ;
(g) a final line for the author's signature.
An official book of this kind would have a very
useful moral effect, for it would prove to men of
business that authors, like owners of patents, value
their ideas and wish that fact to be known. It
would prove, also, that authors, whom business
men regard as incurably unpractical, have an easy
means of keeping counterfoils of all their business
transactions. Writers of short stories, for instance,
would be able to give in brief the main outlines of
their plots, and this would help them at any
moment to find out whether any magazine had
used their ideas after rejecting their copy.
I do not suppose that a counterfoil book of
## p. (#690) ################################################
27S
TISIE AUTISIOR.
projects would be anything more than a deterrent
influence, because, as a judge once said in court,
there is no honour in trade. Business life is a war,
pitiless and relentless, and the utmost we can do is
to scheme some protection for our work and our-
selves. And everybody knows what happens when
an author tries to follow the business routine of
copied letters and the rest of it. He cannot as a
rule afford a clerk ; his writing requires incessant
patience and concentration ; and although, as
Balzac said, to dream over literary projects is like
smoking enchanted cigarettes, the projects, when
realised, are often exceedingly difficult to sell. So,
absorbed by some things and harassed by others, a
writer soon gets tired of adding to his day’s work
a system of business routine, which clerks carry out
in offices. Publishers and editors know all this.
What they call business has no relation at all to
work as authors know work. Yet authors are
expected to be their own clerks. They are advised
to copy all their letters, to keep an exact record of
all their transactions, and what not besides ; but
this advice will never be followed for more than a
few weeks. That is why I suggest this counter-
foil book for projects—a simple means of doing
much in little. It would save a great deal of letter
writing ; it would give some real protection to
ideas; and it would not be more troublesome than
a cheque-book of a size unusually large.
Ideas, and how to protect them . That is author-
ship in its long and tragic history. I think some-
times of a Parliament of the Dead, and see in it the
ghosts of all the simple great ones gone, from
Chaucer to Meredith. Who can estimate the total
sorrows of their lives? And, since we who love their
work are their children, let us remember that we
have yet to gain what they so often needed—just
control over the use made of literary work by
speculative tradesmen.
—OP-e—“[O—
THE EDITORIAL ATTITUDE.
S a reader of The Author and a member of the
literary and editorial staff of a magazine,
will you extend to me the hospitality of your
columns to say a few words regarding the
“Editorial Attitude " ? And being neither an
author nor an editor, but one occupying a position
affording facilities for obtaining reliable data
respecting the relations subsisting between editors
and contributors, any remarks I make will be of a
purely disinterested character. -
Your correspondent, “An Editor,” impugns the
assertion of “A Contributor’’ that editors do not
read the manuscripts of unknown men, and
characterises the accusation as “all nonsense.” . If
from this we are to believe “An Editor ’’ does
read all the manuscripts sent in to his paper,
“which is there for would-be contributors,” and
accepts or rejects same entirely on their merits,
then he must constitute that exception which
proves the rule, and is certainly a curiosity well
worth paying a considerable sum to look at.
In order to test the value of his opinion on this
matter, I will give “An Editor’’ a few examples of
the discourteous treatment accorded contributors
which have come under my own personal know-
ledge, and these not in connection with papers or
magazines of the type that can be stigmatised as
“a queer lot,” while the matter could not by the
widest expansion of imagination be said to be of
such a character as to justify payment by “whisky
and cigars.”
To this end, I will not take the case of new
writers but men of established reputation, in
which case it will be seen that the editorial false-
hood, with regard to the incapability of new
writers, is as finished and perfect with regard to
the writings of men who command the ear of the
public, when their writings are submitted under
other names, as was revealed by means of a ruse de
guerre. A new writer complained to me of the
hopelessness of any one unknown Securing fair
treatment ; I expressed great surprise, and was as
confident in my denial of the accusation as “An
Editor”; whereupon the writer replied, “I will
prove what I say to be the absolute truth if you
form one of the party and agree to the experi-
ment being tried on the editor of the paper with
which you are connected.” I assented, and an
article from an early number of the paper was
copied and duly sent in, with the result that it
was rejected. A further attempt was made on the
same editor ; this time an article also taken from
a back number, but from the pen of one of the
editor's most gifted contributors. I happened
to be present when the editor rejected it, and
ventured to point out to him his inconsistency in
rejecting it on the plea that “it was not up to his
standard,” considering it had already appeared in
his paper—an assertion that not only met with an
emphatic denial but brought about fervens difficil;
bile jocur, for he asserted with extreme acerbity
“that it was preposterous on my part to say that
such unadulterated rubbish could ever have been
accepted by him.” As my veracity was questioned
I asked him to compare an article on a certain
page of his paper of a specific date with that
which he was rejecting. On this being done he
lost all control of his temper—which was not the
sweetest at the best of times—threw the article
and magazine on the floor, snapped his fingers
wildly, paced the room in a state of high dudgeon,
## p. (#691) ################################################
TFIE AUTISIOR.
279
and, addressing me, employed language which was
entirely neological, since it was well, I won't
disgrace the columns of The Author by even saying
What it was—while a snapshot of his face would
have furnished Darwin with an excellent plate for
his “Expression of the Emotions.” Another
editor, who is just a little bit too well known in
the literary world, was similarly tested. In
returning an article which had been sent him
(Written by himself many years previously) he did
so likewise on the plea of its not reaching his
standard, and added the consoling words tº that
it would do the writer no harm to continue writing
such articles, but it was clear from his work he
did not possess the ability necessary to secure
acceptance.” Could anything more calculated to
produce rigation of the eyes, in consequence of the
excessive laughter it produced among those who
knew of the ruse, be conceived 2 and surely never
did presumptuous pride and didactic ignorance
inspire a man to the commission of a more in-
expiable crime 2 Here was a man, the darling of
a University, unconsciously passing a verdict on the
Value of his own work and declaring it to be so low
that it was absurd ever to expect it to be accepted,
yet, at the same time, arrogantly setting himself up
as an authority on the works of other men. Surely
these examples explode the arrogant contention of
the literary critic of a certain illustrated weekly
that an editor can, by glancing precipitately over
the first page, determine the writer's capability
or incapability. Arrogance is often a shield of
Ignorance.
These episodes certainly deserve to be placed
alongside that of the editor of the Atlantic Monthly.
The Hon. Russell Lowell desiring to find out the
real worth of his work, wrote a prefulgent article
on the “Essence of American Humour,” had it
copied in an unfamiliar handwriting and forwarded
to the Atlantic Monthly, to which paper he was an
esteemed contributor. Not making its appearance
in due time, and anxious to know the fate of his
literary offspring, he called upon the editor, Mr.
James F. Fields, and adroitly turned the conversa-
tion to the subject of humour, expressed great
Surprise no one had ever written upon it, to which
the editor replied: “No one ever written upon
it ! ...We receive a large amount of articles treating
on that subject, but they are so desperately poor
stuff that they cannot be used. Here (pulling
a MS. from the waste-paper, basket) is a long
Screed we received christened ‘The Essence of
American Humour, which would be more appro-
priately termed ‘The Essence of Nonsense,” for a
more absurd farrago I have never seen.” On
Lowell acknowledging the paternity of the article,
Field's wrath was greater than his astonishment.
If this does not prove that articles by unknown
men do not receive the treatment they deserve, I
do not know what more is required, unless all
the editors suffer from acrisy. If not, how also
was it that the late James Payn, as editor of the
Cornhill, rejected “John Inglesant " ? or did
reject it—after the manner of the sapient editor of
a Greenock paper, which enjoyed the distinction
of dying twice, with regard to Campbell's “Pleasures
of Hope” (now included in the Classics)—that it
was “destitute of merit, " ?
With regard to the question of payment, I think
the following will prove that editors desire to
evade paying for contributions:—An article “not
negligent in style, the matter good,” was sent to a
prominent editor and rejected, on the plea that
it was not “up to the standard.” It was then
Sent to another editor and accepted. On its
appearance, the editor to whom it had been offered
first, lifted it holus-bolus and printed it in his own
paper without acknowledgment. Now, if an
article, when sent for payment, is not up to the
standard, how comes it to be possessed of merit
when it can be used without having to pay, if it
is not to avoid payment
AN ONLOOKER.
* *-** - -e-Q-6–
THE WORKS OF SIR JOHN SUCKLING.<
—º-º-º-
HE editor who presents the world with a
complete critical edition of the works of
any author, even if the author is not one
whose name is written very large in the book of
fame, is a man to whom at all times a great grati-
tude is due. In these latter days of anthologies,
abridgments, boudlerizations, and no one knows
how many other inventions for the corruption of
texts (which time and human fallibility corrupt
only too rapidly without any barbarian's deliberately
setting a destroyer's hand to the work), and for
the propagation of superficiality, those who still
retain a solid affection for letters must feel always
more than ordinarily grateful to any worker who
will embark upon the laborious task involved in a
complete and critical edition of any author's works ;
the only kind of edition from which it is possible
to gather a right conception of the man and of his
place in the history of literature. Publications of
this kind are rare in comparison with the multitude
of other books which fall in torrents from the press;
but it is not only on this account, but on account
also of the excellent manner in which the work has
been accomplished, that we tender our sincere
* “The Works of Sir John Suckling in Prose and
Werse,” edited, with introduction and notes, by A.
Hamilton Thompson. London : George Routledge & Sons.
1910, 8vo.
## p. (#692) ################################################
280
TISIE AUTISIOR.
congratulations to Mr. Hamilton Thompson on the
appearance of his edition of Sir John Suckling.
One or two, or a few, of Suckling's poems are to be
found in every anthology; all the rest of his works
are more or less difficult of access. Here everything
will be found, as well as all that is known about
Sir John Suckling. In an admirable introduction
Mr. Hamilton Thompson unfolds lucidly whatever
remains to us of Sir John Suckling's story, and at
the same time shows the extent of his indebtedness
to his contemporaries and to his age. The various
works of Sir John Suckling (with reproductions of
the original title-pages) then follow : The “Frag-
menta Aurea,” “The Last Remains of Sir John
Suckling,” the four plays, and the letters including
“An Account of Religion and Reason.” The
Volume is concluded by some excellent notes, in
which, as in his preface, Mr. Hamilton Thompson
exhibits the sound good taste (not always to be
observed in editors) of being content to record
the truth, without labouring to represent the author
as a greater man than he was. It may be confessed
that a careful perusal of all Sir John Suckling's
Works may result in a disappointment for the
reader who has founded his expectations upon the
few very excellent things of Suckling's that are
known to all; but it will certainly convince him
of the truth of the remarks with which Mr.
Hamilton Thompson concludes his introduction:
“It is impossible to doubt that beneath a gay
and careless exterior he [Suckling] possessed sound
practical sense, and that his ambition to excel as
an amateur wit only too often concealed a high,
if somewhat fragile, poetic gift, which on happy
occasions rose superior to an atmosphere not a
little hostile to its development.” We have
pleasure in heartily recommending this work to all
lovers of English literature.
—e—º-e—
CORRESPONDENCE.
—º-º-º-
THE STORY OF A REVIEW COPY.
SIR,-At a certain seaside circulating library, I
paid twopence for three days’ use of a six shilling
novel. From entries therein, I found that eighty-
five other persons had made like payments, making
a total of fourteen shillings and fourpence for the
use of a book which was still in active circulation.
I also discovered that the borrowed book was a
Review Copy, evidently purchased by the proprietor
of the circulating library for “a mere song ” from
the editor of a newspaper, who had received it
gratis from the publisher.
Usually at least sixty copies of a six shilling
novel are sent out for review. If only half of
these are sold to second-rate circulating libraries,
and each of them is perused by eighty-six persons,
this means that the author of the book secures
2,580 readers who do not bring a single farthing
&nto his eachequer.
In provincial towns I have noticed that the
roprietor of a circulating library is frequently a
bookseller, printer, and editor of a local newspaper.
If he can get a six shilling novel for nothing, or
next to nothing, and make fourteen shillings and
fourpence by lending it to eighty-six persons—as in
the case I have noticed—he “takes the biscuit”
from publisher and author, and no mistake
I have long contended that authors might
become their own publishers, and distribute their
own books by establishing bookstalls at hotels, as
in America, if they had a sufficiency of co-operative
enterprise. .
It is simply a case of “Wake up, Authors I”
Yours faithfully,
HENRY J. SWALLOW.
THE “ GREAT UNACTED.”
DEAR SIR,--In a recent issue “X. Y. Z.” drew
attention to the extremely unsatisfactory conditions
which exist for those dramatic authors whose work
has not yet been produced.
As one of these much-to-be-pitied individuals, I
should like to convey my thanks to “X. Y. Z.” for
having opened this subject. Taking into considera-
tion the very rare exception who proves the rule,
one may say that for an unknown author to get
his play produced amounts to something very near
an impossibility. The Societies specially organised
to help new dramatists are, from a practical point
of view, as unsatisfactory as the established manage-
ments. The first play I sent to one of these
societies was promptly accepted, although a short
while afterwards I was asked to make a slight
alteration, which I did, to the satisfaction of those
concerned. I was then told that my play would
be running at a West End theatre by the middle
of May—provided the society could raise sufficient
funds. The middle of May has now been post-
poned to the middle of September, and without
doubt when September comes it will be delayed
until the spring, and so on 1 The difficulty for
new authors to get their plays considered, or even
read by established managers, is so well-known
that I need not go into it. As a struggling
dramatic author I can testify to a bundle of com-
plimentary letters, promises of production if
alteration is made, and then—nothing more. If
the Society of Authors could help us, in the manner
suggested by “X. Y. Z.,” it would be doing an act of
profound charity, with the ghost of a chance of
doing something for the Drama as well !
C. W.
## p. (#693) ################################################
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SUPPLEMENT I.
AUSTRALIAN COPYRIGHT ACT.
## p. (#696) ################################################
## p. (#697) ################################################
AUSTRALIAN COPYRIGHT ACT.
[AssBNTED TO 21ST DECEMBER, 1905.]
E it enacted by the King's Most Excellent
Majesty, the Senate, and the House of
Representatives of the Commonwealth of
Australia as follows:—
| PART I.-PRELIMINARY.
1. Short Title.—This Act may be cited as the
Copyright Act, 1905.
2. Commencement.—This Act shall commence on
a day to be fixed by Proclamation.
3. Paris.--This Act is divided as follows:–
Part I. — Preliminary.
Part II.-Administration.
Part III.-Literary, Musical, and Dra-
matic Copyright.
IV.-Artistic Copyright.
W.—Infringement of Copyright.
VI.-International and State copy-
right.
Part VII-Registration of Copyrights.
- Part VIII.-Miscellaneous.
4. Interpretation.—In this Act, unless the Con-
trary intention appears—
“Artistic work’ includes—
(a) Any painting, drawing, or sculpture; and
(b) Any engraving, etching, print, lithograph,
Woodcut, photograph, or other work of
art produced by any process, mechanical
or otherwise, by which impressions or
representations of works of art can be
taken or multiplied:
“Author’’ includes the personal representatives
of an author :
“Book” includes any book or volume, and any
part or division of a book or volume, and any
article in a book or volume, and any pamphlet,
periodical, sheet of letterpress, sheet of music,
map, chart, diagram, or plan separately pub-
lished, and any illustration therein :
“Dramatic work,” in addition to being included
in the definition of book, means any tragedy,
comedy, play, drama, farce, burlesque, libretto,
of an opera, entertainment, or other work of
a like nature, whether set to music or other-
Part
Part
Part
Wise, lyrical work set to music, or other scenic
or dramatic composition :
“Lecture’’ includes a sermon :
“Musical work’ in addition to being included
in the definition of book, includes any com-
bination of melody and harmony, or either of
them, printed, reduced to writing, or other-
wise graphically produced or reproduced :
“Periodical" means a review, magazine, news-
paper, or other periodicai work of a like
Inature :
“Pirated artistic work’ means a reproduction
of an artistic work made in any manner with-
out the authority of the owner of the copyright
in the artistic work :
“Pirated book” means a reproduction of a book
made in any manner without the authority of
the owner of the copyright in the book:
“Portrait ’’ includes any work the principal
object of which is the representation of a per-
Son by painting, drawing, engraving, photo-
graphy, sculpture, or any form of art:
“Publish ’’ and “Publication ” in relation to a
book refer to offer for sale or distribution, in
each case with the privity of the author, so as
to make the book accessible to the public :
“The Registrar’ means the Registrar of Copy-
rights or a Deputy Registrar of Copyrights:
“State Copyright Act” means any State Act
relating to the registration of the copyright
or performing right, or lecturing right in
books, or dramatic or musical works, or in
artistic works, or fine art works, or in lectures.
5. What is simultaneous publication or perform-
ance.—For the purposes of this Act publication,
performance, or delivery in the Commonwealth
shall be deemed to be simultaneous with publica-
tion, performance, or delivery elsewhere if the
period between the publications, performances, or
deliveries does not exceed fourteen days.
6. Blasphemous, &c., matter not projected.—No
copyright, performing right, or lecturing right
shall subsist under this Act in any blasphemous,
indecent, seditious, or libellous work or matter.
7. Application of the Common Law.—Subject to
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this and any other Acts of the Parliament, the
Common Law of England relating to proprietary
rights in unpublished literary compositions shall,
after the commencement of this Act, apply
throughout the Commonwealth.
8. State Copyright Acts not to apply to copyright
under this Act.—-(1.) The State Copyright Acts so
far as they relate to the copyright in any book,
the performing right in any musical or dramatic
work, the lecturing right in any lecture, or the
copyright in any artistic or fine art work shall not
apply to any book, dramatic or musical work,
lecture, or artistic work in which copyright, per-
forming right, or lecturing right, subsists under
this Act.
Saving of rights under State laws.-(2.) Subject
to Part II. of this Act, nothing in this Act shall
affect the application of the laws in force in any
State at the commencement of this Act to any
copyright or other right in relation to books or
dramatic or musical works or lectures or artistic
or fine art works acquired under or protected by
those laws before the commencement of this Act.
PART II.-ADMINISTRATION.
Division 1.—77te Registrar and the Copyright
Office.
9. Registrar.—(1.) There shall be a Registrar of
Copyrights.
(2.) The Governor-General may appoint one or
more Deputy Registrars of Copyrights who shall,
subject to the control of the Registrar of Copyrights,
have all the powers conferred by this Act on the
Registrar.
10. Copyright Office.—For the purposes of this
Act an office shall be established which shall be
called the Copyright Office.
11. Seal of Copyright Office.—There shall be a
seal of the Copyright Office, and impressions thereof
shall be judicially noticed.
Division 2. —7%e Transfer of the Administration
of the Slate Copyright Acts.
12. Transfer of adminisfration.—The Governor-
General may, by proclamation, declare that, from
and after a date specified in the proclamation, the
administration of the State Copyright Acts of any
State so far as they relate to the registration of the
copyright in any book, the performing right in any
musical or dramatic work, the lecturing right in
any lecture, and the copyright in any artistic or
fine art work, or to the registration of any assign-
ment or grant of, or licence in relation to, any such
right, shall be transferred to the Commonwealth
and thereupon, so far as is necessary for the pur-
poses of this section—
(a) Effect of transfer of administration. Cf.
Patents Act, 1903, ss. 18 and 19. The
State Copyright Acts of the State shall
cease to be administered by the State,
and shall thereafter be administered by
the Commonwealth so far as is necessary
for the purpose of completing then pending
proceedings and of giving effect to then
existing rights, and the Registrar shall
Collect for the State all fees which become
payable thereunder ; and
(b) all powers and functions under any State
Copyright Act vested in the Governor
of the State or in the Governor with the
advice of the Executive Council of the
State or in any Minister officer or
authority of the State shall vest in the
Governor-General or in the Governor-
General in Council or in the Minister
officer or authority exercising similar
powers under the Commonwealth as the
Case requires or as is prescribed ; and
(6) all records registers deeds and documents of
the Copyright Office of the State vested
in or subject to the control of the State
shall, by force of this Act, be vested in
and made subject to the control of the
Commonwealth.
PART III.-LITERARY, MUSICAL, AND DRAMATIC
COPYRIGHT.
13. Copyright in books.--(1.) The copyright in
a book means the exclusive right to do, or authorize
another person to do, all or any of the following
things in respect of it :—
(a) To make copies of it :
(b) To abridge it :
(c) To translate it :
(d) In the case of a dramatic work, to convert
it into a novel or other non-dramatic
work :
(e) In the case of a novel or other non-dramatic
Work, to convert it into a dramatic work :
and
(f) In the case of a musical work, to make
any new adaptation, transposition, arrange-
ment, or setting of it, or of any part of it,
in any notation.
(2.) Copyright shall subsist in every book,
whether the author is a British subject or not,
which has been printed from type set up in
Australia, or plates made therefrom, or from plates
or negatives made in Australia in cases where type
is not necessarily used, and has, after the com-
mencement of this Act, been published in Australia,
before or simultaneously with its first publication
elsewhere.
14. Performing right in dramatic and musical
100%s.—(1.) The performing right in a dramatic
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or musical work means the exclusive right to per-
form it, or authorise its performance, in public.
(2.) Performing right shall subsist in every
dramatic or musical work, whether the author is a
British subject or not, which has, after the com-
mencement of this Act, been performed in public
in Australia, before or simultaneously with its first
performance in public elsewhere.
15. Lecturing right in lectures.—(1.) The lectur-
ing right in a lecture means the exclusive right to
deliver it, or authorise its delivery, in public, and,
except as hereinafter provided, to report it.
(2.) Lecturing right shall subsist in every
lecture, whether the author is a British subject or
not, which has, after the commencement of this
Act, been delivered in public in Australia, before
or simultaneously with its first delivery in public
elsewhere.
16. Commencement of copyright performing right,
and lecturing right.—(1.) The copyright in a book
shall begin with its first publication in Australia.
(2.) The performing right in a dramatic or
musical work shall begin with its first performance
in public in Australia.
(3.) The lecturing right in a lecture shall begin
with its first delivery in public in Australia.
17. Term of copyright, performing right, and
lecturing right.—(1.) The copyright in a book, the
performing right in a dramatic or musical work,
and the lecturing right in a lecture, shall subsist
for the term of forty-two years or for the author's
life and seven years whichever shall last the longer.
(2.) Where the first publication of a book, the
first performance in public of a musical or dramatic
work, or the first delivery in public of a lecture
takes place after the death of the author, the copy-
right, performing right, or lecturing right, as the
case may be, shall subsist for the term of forty-two
€8] S. -
(3.) Where a book or a dramatic or musical work
is written by joint authors the copyright and the
performing right shall subsist for the term of
forty-two years or their joint lives and the life of
the survivor of them, and seven years, whichever
shall last the longer.
(4.) If a lecture is published as a book with the
consent in writing of the owner of the lecturing
right, the lecturing right shall cease.
18. Ownership in copyright, performing right, and
lecturing right.—(1). The author of a book shall be
the first owner of the copyright in the book.
(2.) The author of a dramatic work or musical
work shall be the first owner of the performing
right in the dramatic or musical Work.
(3.) The author of a lecture shall be first owner
of the lecturing right in the lecture.
19. Ownership in the case of joint authors.-
Where there are joint authors of a book, or of a
dramatic or musical work, or of a lecture, the copy-
right or the performing right, or the lecturing
right, as the case may be, shall be the property of
the authors.
20. Separate authors.--Where a book is written
in distinct parts by separate authors and the name
of each author is attached to the portion written
by him, each author shall be entitled to copyright
in the portion written by him in the same manner
as if it were a separate book.
21. Encyclopædia and similar works.-The pro-
prietor or projector of an encyclopædia or other
similar permanent work of reference who employs
Some other person for valuable consideration in the
composition of the whole or any part of the work
shall be entitled to the copyright in the work in the
same manner as if he were the author thereof.
22. Copyright in articles published in periodicals.
—(1.) The author of any article, contributed for
valuable consideration to and first published in a
periodical, shall be entitled to copyright in the
article as a separate work, but so that—
(a) he shall not be entitled to publish the article
or authorise its publication until one year
after the end of the year in which the
article was first published, and
(b) his right shall not exclude the right of th
proprietor of the periodical under this
section.
(2.) The proprietor of a periodical in which an
article, which has been contributed for valuable
consideration, is first published shall be entitled to
copyright in the article, but so that—
(a) he shall not be entitled to publish the article
or authorise its publication except in the
periodical in its original form of publication,
and -
(b) his right shall not exclude the right of the
author of the article, under this section.
23. Copyright in articles published in periodicals
without valuable consideration.—The author of any
article contributed without valuable consideration
to, and first published in, a periodical, shall be
entitled to copyright in the article as a separate
work.
24. Copyright, &c., to be personal property.—The
copyright in a book, the performing right in a
dramatic or musical work, and the lecturing right
in a lecture shall be personal property, and shall be
capable of assignment and of transmission by
operation of law.
25. Copyright and other rights to be separate
properties.—The copyright in a book, and the per-
forming right in a dramatic or musical work and the
lecturing right in a lecture shall be deemed to be
distinct properties for the purposes of ownership,
assignment, licence, transmission, and all other
purposes.
>};
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26. Assignment of copyright.—The owner of the
copyright in a book, or of the performing right in
a dramatic or musical work, or of the lecturing
right in a lecture, may assign his right either
wholly or partially and either generally or limited
to any particular place or period, and may grant
any interest therein by licence ; but an assignment
or grant shall not be valid unless it is in writing
signed by the owner of the right in respect of
which it is made or granted.
27. Welſ' editions.—Any second or subsequent
edition of a book containing material or substan-
tial alterations or additions shall be deemed to be
a new book, but so as not to prejudice the right of
any person to reproduce a former edition of the
book or any part thereof after the expiration of the
copyright in the former edition.
Provided that while the copyright in a book
Subsists no person, other than the owner of the
copyright in the book or a person authorised by
him, shall be entitled to publish a second or
Subsequent edition thereof.
28. Making of abridgment, &c., for private use.—
Copyright in a book shall not be infringed by a
person making an abridgment or translation of the
book for his private use (unless he uses it publicly
or allows it to be used publicly by some other
person), or by a person making fair extracts from
or otherwise fairly dealing with the contents of the
book for the purpose of a new work, or for the
purposes of criticism, review, or refutation, or
in the ordinary course of reporting scientific in-
formation.
29. Translations or abridgments.--Where the
author has parted with the copyright in his
book and a translation or abridgment of the book
is made with the consent of the owner of the copy-
right by some person other than the author, notice
shall be given in the title-page of every copy of the
translation or abridgment that it has been made by
some person other than the author.
30. Failure of author to make or cause translation
of book.--Where a translation of a book into a par-
ticular language is not made within ten years from
the date of the publication of the book by the
owner of the copyright or by some person by his
authority—
(a) Any person desirous of translating the
book into that language may make an
application in writing to the Minister
for permission so to do :
(b) The Minister may thereupon by notice in
writing inform the owner of the copy-
right of such application and request
him to make or cause to be made a
translation of the book into that lan-
guage within such time as the Minister
deems reasonable or to show cause why
such application should not be granted :
(c) If the owner of the copyright fails to
comply with such notice the Minister
may grant such application.
31. Copyright in translations.—Copyright shall
subsist in a lawfully-produced translation or
abridgment of a book in like manner as if it
were an original work.
32. Notice of reservation of performing right.—
(1.) Where a dramatic or musical work is pub-
lished as a book, and it is intended that the
performing right is to be reserved, the owner of
copyright, whether he has parted with the per-
forming right or not, shall cause notice of the
reservation of the performing right to be printed
on the title page or in a conspicuous part of every
copy of the book.
(2.) Defendant's rights where no notice of reserva-
tion of performing right.—Where—
(a) proceedings are taken for the infringe-
ment of the performing right in a
dramatic or musical work published as a
book, and
(b) the defendant proves to the satisfaction
of the Court that he has in his posses-
sion a copy of the book containing the
dramatic or musical work and that that
copy was published with the consent of
the owner of the copyright, and does
not contain the notice required by this
Act of the reservation of the performing
right,
judgment may be given in his favour either with
or without costs as the Court, in its discretion,
thinks fit; but in any such case the owner of
the performing right (if he is not the owner of the
copyright) shall be entitled to recover from the
owner of the copyright damages in respect of the
injury he has incurred by the neglect of the owner
of the copyright to cause due notice to be given of
the reservation of the performing right.
33. Report of lecture in a newspaper.—(1.) Unless
the reporting of a lecture is prohibited by a notice
as in this section mentioned, the lecturing right in
a lecture shall not be infringed by a report of the
lecture in a newspaper.
(2.) The notice prohibiting the reporting of a
lecture may be given—
(a) orally at the beginning of the lecture ; or
(b) by a conspicuous written notice affixed,
before the lecture is given, on the
entrance doors of the building in which
it is given or in a place in the room
in which it is given.
(3.) When a series of lectures is intended to be
given by the same lecturer on the same subject,
one notice only need be given in respect of the
whole series.
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PART IV.--ARTISTIC CoPYRIGHT.
34. Meaning of copyright.—The copyright in an
artistic work means the exclusive right of the
Owner of the copyright to reproduce or authorise
another person to reproduce the artistic work, or
any material part of it, in any manner, form, or
size, in any material, or by any process, or for
any purpose.
35. Copyright in artistic works.-Copyright shall
Subsist in every artistic work whether the author
is a British subject or not, which is made in
Australia after the commencement of this Act.
36. Commencement and term of artistic copyright.
—The copyright in an artistic work shall begin
with the making of the work, and shall subsist for
the term of forty-two years or for the author's
life and seven years whichever shall last the
longer.
37. Ownership of copyright in artistic work.—The
author of an artistic work shall be the first owner
of the copyright in the work.
38. Copyright in portraits.--When an artistic
work, being a portrait, is made to order for valuable
consideration, the person to whose order it is made
shall be entitled to the copyright therein as if he
were the author thereof.
39. Copyright in photographs.-(1.) When a
photograph is made to order for valuable con-
sideration the person to whose order it is made
shall be entitled to the copyright therein as if he
were the author thereof.
(2.) Subject to sub-section (1) of this section,
when a photograph is made by an employee on
behalf of his employer the employer shall be
deemed to be the author of the photograph.
40. Engravings and prints.--(1.) Subject to
section thirty-four of this Act the engraver or
other person who makes the plate or other instru-
ment by which copies of an artistic work are
multipled shall be deemed to be the author of
the copies produceed by means of the plate or
instrument.
(2.) When the plate or other instrument men-
tioned in this section is made by an employee on
behalf of his employer the employer shall be deemed
to be the author of the copies produced by means
of the plate or instrument.
41. Copyright in case of sale of painting, statue,
or bust. (1.)—When the owner of the copyright in
any artistic work being a painting, or a statue, bust,
or other like work, disposes of such work for valu-
able consideration, but does not assign the copy-
right therein, the owner of the copyright (except
as in this section mentioned) may in the absence
of any agreement in writing to the contrary make
a replica of such work.
Right of author to make replicas of statues, etc., in
public places. (2.)—When a statue, bust, or other
like work, whether made to order or not, is placed
or is intended to be placed in a street or other like
public place, the author may, in the absence of any
agreement to the contrary, make replicas thereof.
42. Artistic copyright is personal property.—The
copyright in an artistic work shall be personal
property, and shall be capable of assignment and
of transmission by operation of law.
43. Copyright and ownership in artistic works.-
The copyright in an artistic work and the owner-
ship of the artistic work shall be deemed to be
distinct properties for the purposes of ownership,
assignment, licence, transmission, and all other
purposes.
44. Assignment of copyright.—The owner of the
copyright in an artistic work may assign his right
wholly or partially and either generally or limited
to any particular place or period and may grant
any interest therein by licence ; but an assignment
or grant shall not be valid unless it is in writing
signed by the owner of the copyright.
PART W.-INFRINGEMENT OF COPYRIGHT.
45. Infringement of rights under Act.—If any
person infringes any right conferred by this Act
in respect of the copyright in a book, the perform-
ing right in dramatic or musical work, the lecturing
right in a lecture, or the copyright in an artistic
work, the owner of the right infringed may maintain
an action for damages or penalties or profits, and
for an injunction, or for any of those remedies.
46. Damages in case of performing right or lectur-
ing right.—In assessing the damages in respect of
the infringement of the performing right in a
dramatic or musical work or the lecturing right in
a lecture, regard shall be had to the amount of
profit made by the infringer by reason of the
infringement, and to the amount of actual damage
incurred by the owner of the performing or
lecturing right.
47. Notice of objection to title.—The plaintiff in
any action for the infringement of a right con-
ferred by this Act shall be presumed to be the
owner of the right which he claims, unless the
defendant in his pleadings in defence pleads that
the defendant disputes the title of the plaintiff,
and states the grounds on which the plea is
founded, and the name of the person, if any, whom
the defendant alleges to be the owner of the right.
48. Limitation of actions. (Cf. 5-6 Vict. c. 45,
s. 26.).-No action for any infringement of copy-
right, performing right, or lecturing right under
this Act shall be maintainable unless it is com-
menced within two years next after the infringement
is committed.
49. Property in pirated books or artistic work.--
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All pirated books and all pirated artistic works
shall be deemed to be the property of the owner of
the copyright in the book or work and may,
together with the plates, blocks, stone, matrix,
negative, or thing, if any, from which they are
rinted or made, be recovered by him by action or
other lawful method.
50. Penalties for dealing with pirated books.-
If any person—
(a) sells, or lets for hire, or exposes offers or
keeps for sale or hire, any pirated book or
any pirated artistic work; or
(b) distributes, or exhibits in public, any pirated
book or any pirated artistic work ; or
(c) imports into Australia any pirated book or
any pirated artistic work,
he shall be guilty of an offence against this Act,
and shall be liable to a penalty not exceeding Five
pounds for each copy of such pirated book or
pirated artistic work dealt with in contravention
of this section, and also to forfeit to the owner of
the copyright every such copy so dealt with, and
also to forfeit the plates, blocks, stone, matrix,
negative, or thing, if any, from which the pirated
book or pirated artistic work was printed or made.
Provided that the whole penalties inflicted on
any one offender in respect of the same transaction
shall not exceed Fifty pounds.
Provided also that no person shall be convicted
of an offence under this section if he proves to the
satisfaction of the court at the hearing that he did
not know, and could not with reasonable care have
ascertained, that the book was a pirated book or
the work was a pirated artistic work.
51. Liability in respect of use of theatre.—Where
a dramatic or musical work is performed in a theatre
or other place in infringement of the performing
right of the owner of that right, the proprietor
tenant or occupier who permitted the theatre or
place to be used for the performance shall be
deemed to have infringed the performing right and
shall be guilty of an offence against this Act, and
shall be liable to a penalty not exceeding Five
pounds for each such offence and the court may, in
addition to the penalty, Order the defendant to pay
to the owner of the performing right in respect of
each such infringement a sum by way of damages
to the amount or Ten pounds, or to such amount
as the court deems equal to the profits made by
the performance of the work, whichever sum is
greater.
Provided that no person shall be convicted of an
offence under this section if he proves to the
satisfaction of the court at the hearing that he did
not know and could not with reasonable care have
ascertained that the dramatic or musical work was
performed in infringement of the performing right
of the owner of that right.
52. Search warrant and seizure of pirated copies.—
(1.) A Justice of the Peace may upon the applica-
tion of the owner of the copyright in any book
or in any artistic work or of the agent of such
owner appointed in writing :—
(a) If satisfied by evidence that there is reason-
able ground for believing that pirated
books or pirated artistic works are being
sold, or offered for sale—issue a warrant,
in accordance with the form prescribed,
authorising any constable to seize the
pirated books or pirated artistic works
and to bring them before a court of
summary jurisdiction.
(b) If satisfied by evidence that there is
reasonable ground for believing that
pirated books or pirated artistic works
are to be found in any house, shop, or
other place—issue a warrant, in accord-
ance with the form prescribed, authoris-
ing any constable to search, between
sunrise and sunset, the place where the
pirated books or pirated artistic works
are supposed to be, and to seize and
bring them or any books or artistic works
reasonably suspected to be pirated books
or pirated artistic works before a court of
summary jurisdiction. -
(2.) A court of summary jurisdiction may, on
proof that any books or artistic works brought
before it in pursuance of this section are pirated
books or pirated artistic works, order them to be
destroyed or to be delivered up, subject to such con-
ditions, if any, as the court thinks fit, to the owner
of the copyright in the book or artistic work.
53. Power of owner of copyright to require
delivery to him of pirated books and works.— .
(1.) The owner of the copyright in any-book
or artistic work, or the agent of such owner
appointed in writing, may by notice, in accordance
with the prescribed form, require any person to
deliver up to him any pirated reproduction of the
book or work, and every person to whom such
notice has been given, and who has any pirated
reproduction of the book or work in his possession
or power, shall deliver up the pirated reproduction
of the book or work in accordance with the notice.
Penalty : Ten pounds.
(2.) A person shall not give any notice in
accordance with this section without just cause.
Penalty : Twenty pounds.
(3.) In any prosecution under sub-section (2) of
this section the defendant shall be deemed to have
given the notice without just cause unless he proves,
to the satisfaction of the court at the hearing, that
at the time of giving the notice he was the owner
of the copyright in the book or artistic work or
was the agent of such owner appointed in writing,
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and had reasonable ground to believe that the
person to whom the notice was given had pirated
reproductions of the book or work in his possession
or power.
54.—Power of owner of performing right to forbid
performance in infringement of his right.—(1.) The
owner of the performing right in a musical or
dramatic work, or the agent of the owner appointed
in Writing, may, by notice in writing in accordance
with the prescribed form, forbid the performance
of the musical or dramatic work in infringement
of his right, and require any person to refrain
from performing or taking part in the performance
of the musical or dramatic work, and every person
to whom a notice has been given in accordance with
this section shall refrain from performing or taking
part in the performance of the musical or dramatic
Work specified in the notice in infringement of the
performing right of such owner.
Penalty : Ten pounds.
(2.) A person shall not give any notice in pur-
Suance of this section without just cause.
Penalty : Twenty pounds.
(3.) In any prosecution under sub-section (2) of
this section, the defendant shall be deemed to have
given the notice without just cause unless he proves,
to the satisfaction of the court at the hearing, that
at the time of giving the notice he was the owner
of the performing right in the musical or dramatic
work, or the agent of the owner appointed in
writing, and had reasonable ground to believe that
the person to whom the notice was given was about
to perform or take part in the performance of the
musical or dramatic work in infringement of the
performing right of the owner.
55. Penalty for false representations in notices.—
Any person, who in any notice given in pursuance
of this Act, makes a representation, which is false
in fact and which he knows to be false or does not
believe to be true, that he is
(a) the owner of the copyright in any book or
artistic work, or
(b) the owner of the performing right in a
musical or dramatic work, or
(c) the agent of any such owner,
shall be guilty of an offence against this Act.
Penalty : Two years' imprisonment.
56. Request to police to seize pirated books and
works.--(1.) The owner of the copyright in any
book or artistic work or the agent of such owner
appointed in writing may, in accordance with the
prescribed form, request that any pirated reproduc-
tions of the book or work be seized by the police,
and may lodge the request at any police station.
(2.) Any police constable in the town or district
in which the police station is situated (whether in
the service of the Commonwealth or a State), may,
at any time in the day time within seven days
after the request was so lodged, seize all pirated
reproductions of the book or work mentioned in
the notice, and all reproductions of the book or
work which he has reasonable ground to believe
are pirated reproductions, found by him in the
possession of any person other than the owner of
the copyright in the book or work.
(3.) Every police constable who seizes any books
or works in pursuance of this section shall forth-
with bring all such books or works before a court
of summary jurisdiction.
(4.) A court of summary jurisdiction may, on
the application of any person interested, make such
order for the disposal of the books or works as he
thinks just.
(5.) A person shall not lodge any request at any
police station in accordance with this section with-
just cause.
Penalty : Twenty pounds.
(6.) In any prosecution under sub-section (5) of
this section the defendant shall be deemed to have
lodged the request without just cause unless he
proves, to the satisfaction of the court at the
hearing, that at the time of lodging the request
he was the owner of the copyright in the book or
artistic work, or was the agent of such owner
appointed in writing and had reasonable ground
to believe that pirated reproductions of the book
or work were being unlawfully sold, or let for hire,
or exposed or offered or kept for sale or hire, or dis-
tributed, or exhibited in public, in the town or
district in which the police station is situated.
57. Application of penalties.—Where proceedings
for any penalty under this Act are instituted by
the owner of the copyright in any book or in any
artistic work or by the owner of the artistic work,
the penalty shall be paid to him by way of com-
pensation for the injury he has sustained. In any
other case the penalty shall be paid to the Consoli-
dated Revenue Fund.
58. Aiders and abetfors.-Whoever aids, abets,
counsels, or procures, or by act or omission is in
any way, directly or indirectly, knowingly concerned
in the commission of any offence against this Act,
shall be deemed to have committed that offence,
and shall be punishable accordingly.
59. Limitation of actions in court of summary
jurisdiction.—Proceedings may be instituted in any
court of summary jurisdiction for the recovery of
any penalty under this Act, but no such proceed-
ings shall be instituted after the expiration of six
months from the date of the offence in respect of
which the penalty is imposed.
60. Appeal from courts of summary jurisdiction.
–An appeal shall lie from any conviction or Order
(including any dismissal of any information,
complaint, or application) of a court of sum-
mary jurisdiction, exercising jurisdiction with
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10
respect to any offence or matter under this Act, to
the court and in the manner and time provided by
the law of the State in which the proceedings were
instituted in the case of appeals from courts of
summary jurisdiction in that State.
61. Importafion of pirated works. – (1.) The
following goods are prohibited to be imported :—
(a) All pirated books in which copyright is
subsisting in Australia (whether under
this Act or otherwise): and
(b) All pirated artistic works in which copyright
is subsisting in Australia (whether under
this Act or otherwise).
(2.) All pirated books and pirated artistic works
imported into Australia contrary to this section
shall be forfeited and may be seized by any officer
of Customs.
3.) Subject to this Act the provisions of the
Customs Act, 1901, shall apply to the seizure and
forfeiture of pirated books and artistic works under
this section to the same extent as if they were
prohibited imports under that Act.
(4.) The provisions of this section shall not
apply to any book or artistic work unless the
owner of the copyright therein or his agent has
given written notice to the Minister of the existence
of the copyright and of its term.
(5.) A notice given to the Commissioners of
Customs of the United Kingdom, by the owner of
the copyright or his agent, of the existence of the
copyright in a book or artistic work and of its
term, and communicated by the said Commissioners
to the Minister shall be deemed to have been given
by the owner to the Minister.
PART VI.-INTERNATIONAL AND STATE
COPYRIGHT.
62. Protection in Australia of International and
State Copyright.—The owner of any copyright or
performing right in any literary, musical, or
dramatic work or artistic work entitled to protection
in Australia by virtue of any Act of the Parliament
of the United Kingdom or entitled to protection
in any State by virtue of any State Copyright Act in
force at the commencement of this Act shall on
obtaining a certificate of the registration of his
Copyright or performing right under this part
of this Act have the same protection in the
Commonwealth against the infringement of his
copyright or performing right as the owner of any
Copyright or performing right under this Act.
63. Registration of International copyright.—
(1.) The owner of any copyright or performing
right who desires to obtain the benefit of this part
of this Act may, in manner and in accordance with
the form prescribed, make application to the
Registrar for the registration of his copyright or
performing right.
(2.)—The Registrar may thereupon, and on
being satisfied by proof of the prescribed particu-
lars and on payment of the prescribed fee, register
the copyright or performing right and issue to the
applicant a certificate of registration in accordance
with the prescribed form.
PART WII.-REGISTRATION OF COPYRIGHTS.
64. Copyright Registers.--The following Registers
of copyrights shall be kept by the Registrar at the
Copyright Office:–
The Register of Literary Copyrights.
The Register of Fine Arts Copyrights.
The Register of International and State Copy-
rights.
65. Method of registration.—The owner of any
copyright performing right or lecturing right
under this Act may obtain registration of his right
in the manner prescribed.
66. Registration of assignments and transmis-
Sions.—When any person becomes entitled to any
copyright performing right or lecturing right under
this Act by virtue of any assignment or trans-
mission, or to any interest therein by licence, he
may obtain registration of the assignment, trans-
mission, or licence in the manner prescribed.
67. How registration effected.—The registration
of any copyright performing right or lecturing
right under this Act, or of any assignment or trans-
mission thereof or of any interest therein by licence,
shall be effected by entering in the proper register
the prescribed particulars relating to the right,
assignment, transmission, or licence.
68. Trusts not registered.—(1.) No notice of any
trust expressed, implied, or constructive shall be
entered in any Register of Copyrights under this
Act or be receivable by the Registrar.
(2.) Subject to this section, equities in respect
of any copyright performing right or lecturing
right under this Act may be enforced in the same
manner as equities in respect of other personal
property.
69. Register to be evidence.—Every Register of
copyrights under this Act shall be prima facie evi-
dence of the particulars entered therein and docu-
ments purporting to be copies of any entry therein or
extracts therefrom certified by the Registrar and
sealed with the seal of the Copyrights Office shall be
admissible in evidence in all Federal or State
courts without further proof or production of the
Originals.
70. Certified copies.—Certified copies of entries
in any register under this Act or of extracts there-
from shall, on payment of the prescribed fee, be
given to any person applying for them.
71. Inspection of register.—Each register under
this Act shall be open to public inspection at all
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11
convenient times on
fee.
72. Correction of register.—The registrar may, in
prescribed cases and subject to the prescribed
conditions, amend or alter any register under this
Act by—
(a) correcting any error in any name, address, or
particular ; and
(b) entering any prescribed memorandum or
particular relating to copyright or other
right under this Act.
73. Rectification of Register by the Court.—(1.)
Subject to this Act the Supreme Court of any State
or a judge thereof may, on the application of the
Registrar or of any person aggrieved, order the
rectification of any register under this Act by—
(a) the making of any entry wrongly omitted to
be made in the register ; or
(b) the expunging of any entry wrongly made in
- or remaining on the register; or
(c) the correction of any error or defect in the
register.
(2.) An appeal shall lie to the High Court from
any order for the rectification of any register
made by a Supreme Court or a Judge under this
section.
74. Owner cannot sue before registration.—(1.)
The owner of any copyright or performing right
under this Act or of any interest therein by licence
shall not be entitled to bring any action or suit or
institute any proceedings for any infringement
of the copyright or performing right unless such
right or interest has been registered in pursuance
of this Act. \
(2.) When such right or interest has been
registered the owner thereof may, subject to this
Act, bring actions or suits or institute proceedings
for infringements of the copyright or performing
right, whether those infringements happened before
or after the registration. -
(3.) This section shall not affect the right of the
owner of the lecturing right in a lecture to bring
actions or suits or institute proceedings for
infringements of his lecturing right.
75. Delivery of books to registrar.—(1.) Every
person applying for the registration of the copyright
in any book shall deliver to the Registrar two copies
of the whole book with all maps and illustrations
belonging thereto, finished and coloured in the
same manner as the best copies of the book are
payment of the prescribed
published and bound, sewed, or stitched together,
and on the best paper on which the book is
printed.
(2) Every person applying for the registration
of the copyright in any work of art shall deliver to
the Registrar one copy of the work of art or a
photograph of it.
(3.) The Registrar shall refuse to register the
Copyright in any book or work of art until sub-
Sections (1) and (2) of this section have been
complied with.
(4.) One copy of each book delivered to the
Registrar in pursuance of this section shall be
forwarded by him to the librarian of the Parlia-
ment, and the other copy shall be retained by the
Registrar, until otherwise prescribed.
76. False representation to registrar. Patents
Act, 1903, S. 112.—No person shall wilfully make
any false statement or representation to deceive
the Registrar or any officer in the execution of this
part of this Act, or to procure or influence the
doing or omission of anything in relation to this
part of this Act or any matter thereunder.
Penalty : Three years' imprisonment.
PART VIII.-MISCELLANEOUS.
77. Provision against suppression of books.--If
the Governor-General is satisfied that the owner of
the copyright in any book, or of the performing
right in any dramatic work or musical work, or of
the lecturing right in any lecture, has refused,
after the death of the author, to republish or allow
republication of the book, or the public perform-
ance of the dramatic or musical work, or the
publication as a book of the lecture, and that by
reason thereof the book, dramatic work, musical
work, or lecture is withheld from the public, he may
grant any person applying for it a licence to
republish the book, or to perform the dramatic
Wolk, or musical work, or to publish the lecture as
a book, in such manner and subject to such
conditions as to the Governor-General seem fit.
78. Power to award costs.-In any action or
proceeding taken in any court under this Act, the
court shall have power to award costs at its
discretion.
79. Regulations.—The Governor-General may
make regulations, not inconsistent with this Act,
prescribing all matters which by this Act are
required or permitted to be prescribed, or which
are necessary or convenient to be prescribed for
giving effect to this Act, or for the conduct of any
business relating to the Copyrights Office.
BRADBURY, AGNEW, & Co. LD., PRINTERs, LONDON AND TONBRIDGE.
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SUPBLEMENT II
UNITED STATES COPYRIGHT.
## p. (#708) ################################################
## p. (#709) ################################################
A BILL
TO AMEND AND CONSOLIDATE THE ACTS
RESPECTING COPYRIGHT.
CONTENTS.
PAGES
NATURE OF COPYRIGHT (Secs. 1–3).................................................................. 5
SUBJECT-MATTER OF COPYRIGHT (Secs. 4–7) ................................................... ... 5.
WHO MAY OBTAIN COPYRIGHT (Sec. 8) ............................................................ 6–7
HOW TO SECURE COPYRIGHT (Secs. 9–17) ......................................................... 7–9
DURATION OF COPYRIGHT (Secs. 18–20) ............................................................ 9–10
Protection of CopyRIGHT (Secs, 21–36) ......................................................... 10–15
TRANSFER OF COPYRIGHT (Secs. 37–45) .................. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 15–16
COPYRIGHT OFFICE (Secs. 46–60)..................................................................... 16–19
MISOELLANEOUs PROVISIONs (Secs. 61–64) ......................................................... 19
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## p. (#711) ################################################
A B | LL
TO AMEND AND CONSOLIDATE THE ACTS
RESPECTING COPYRIG HT.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the copyright secured by
this Act shall include the sole and exclusive right :-
(a) For the purposes set forth in subsection (b) hereof, to make
any copy of any work or part thereof the subject of copyright
under the provisions of this Act, or to abridge, adapt, or translate
into another language or dialect any such work, or make any other
version thereof;
(b) To sell, distribute, exhibit, or let for hire, or offer or keep
for sale, distribution, exhibition, or hire any copy of such work ;
(c) To deliver, or authorize the delivery of, in public for profit,
any copyrighted lecture, sermon, address, or similar production
prepared for oral delivery :
(d) To publicly perform or represent a copyrighted dramatic
work, or to convert it into a novel or other non-dramatic work ;
(e) To dramatize any copyrighted non-dramatic work and
produce the same either by publication or performance ;
(f) To publicly perform a copyrighted musical work, or any
part thereof, or for purpose of public performance or the purposes
set forth in subsection (b) hereof to make any arrangement or
setting of such work, or of the melody thereof, in any system of
notation ;
(g) To make, sell, distribute or let for hire any device, contri-
Vance or appliance especially adapted in any manner whatsoever to
reproduce to the ear the whole or any material part of any
work published and copyrighted after this Act shall have gone into
effect, or by means of any such device or appliance publicly to
reproduce to the ear the whole or any material part of such work ;
(h) To produce any abridgment, variation, adaptation, or
arrangement of a copyrighted work of art.
SEC. 2. That nothing in this Act shall be construed to annul or limit
the right of the author or proprietor of an unpublished work, at
common law or in equity, to prevent the copying, publication, or use
of such unpublished work without his consent, or to obtain damages
therefor.
SEC. 3. That the copyright provided by this Act shall extend to and
protect all the copyrightable component parts of the work copyrighted,
any and all reproductions or copies thereof, in whatever form, style or
size, and all matter reproduced therein in which copyright is already
subsisting, but without extending the duration of such copyright.
SEC. 4. That the works for which copyright may be secured under
this Act shall include all the works of an author.
SEC. 5. That the application for registration shall specify to which of
the following classes the work in which copyright is claimed belongs:
(a) Books, including composite and cyclopædic works, direc-
tories, gazetteers, and other compilations, and new matter contained
5
Nature and Extent of Copy-
right.
Subject Matter of Copyright.
Comp. Constitution, Art. 1, sec. 8 ;
Rev. Stat., sec. 4952.
## p. (#712) ################################################
6
Comp. Act of June 18, 1874, Sec. 3
(18 Stat. at L., part III, p. 79).
Comp. Rev. Stat., sec. 4959; Act
of March 3, 1891, sec. 5 (26 Stat.
at L., p. 1108).
Not subject
matter of copy-
right.
who May obtain Copyright
Comp. Constitution, 1787, Art. 1,
Sec. 8 ; Rev. Stat., sec. 4952;
Act of March 3, 1891, sec. 13
(26 Stat. at L., p. 1110).
Comp. Act of March 3, 1891, Sec. 13
(26 Stat. at L., p. 1110).
in new editions; but not including works specified in other sub-
sections hereunder ;
(b) Periodicals, including newspapers;
(c) Oral lectures, sermons, addresses;
(d) Dramatic compositions;
(e) Musical compositions;
(f) Maps ;
g) Works of art; models or designs for works of art ;
(h) Reproductions of a work of art ;
(i) Drawings or plastic works of a scientific or technical
character;
(j) Photographs;
(k) Prints and pictorial illustrations;
(1) Labels and prints relating to articles of manufacture, as
heretofore registered in the Patent Office under the Act of June 18,
1874 :
Provided, nevertheless, That the above specifications shall not be held
to limit the subject matter of copyright as defined in section four of
this Act, nor shall any error in classification invalidate or impair the
copyright protection secured under this Act.
SEC. 6. That additions to copyrighted works and alterations, re-
visions, abridgments, dramatizations, translations, compilations,
arrangements, or other versions of works, whether copyrighted or in
the public domain, shall be regarded as new works subject to copyright
under the provisions of this Act ; but no such copyright shall affect the
force or validity of any subsisting copyright upon the matter employed
or any part thereof, or be construed to grant an exclusive right to such
use of the original works.
SEC. 7. That no copyright shall subsist –
(a) In any publication of the United States government or any
reprint, in whole or in part, thereof: Provided, however, That the
publication or republication by the government, either separately
or in a public document, of any material in which copyright is
subsisting shall not be taken to cause any abridgment or annul-
ment of the copyright or to authorize any use or appropriation of
Such copyright material, without the consent of the copyright
proprietor;
(b) In the original text of a work by any author not a citizen
of the United States first published without the limits of the
United States prior to July first, eighteen hundred and ninety-one ;
or in the original text of any work which has fallen into the
public domain.
SEC. 8. That the author or proprietor of any work made the subject
of copyright by this Act, or his executors, administrators, or assigns,
shall have copyright for such work under the conditions and for the
terms specified in this Act: Provided, however, That the copyright
secured by this Act shall extend to the work of an author or proprietor
who is a citizen or subject of a foreign state or nation, only when such
foreign author or proprietor,
(a) Shall be living within the United States at the time of the
making and first publication of his work, or shall first or cotem-
poraneously publish his work within the limits of the United
States ; or
(b) When the foreign state or nation of which such author or
proprietor is a citizen or subject grants—either by treaty, conven-
tion, agreement, or law—to citizens of the United States the
benefit of copyright on substantially the same basis as to its own
## p. (#713) ################################################
7
citizens, or copyright protection substantially equal to the protec-
tion Secured to such foreign author under this Act ; or when such
foreign state or nation is a party to an international agreement
which provides for reciprocity in the granting of copyright, by the
terms of which agreement the United States may at its pleasure
become a party thereto. -
The existence of the reciprocal conditions aforesaid shall be
determined by the President of the United States, by proclamation
made from time to time, as the purposes of this Act may require.
SEC. 9. That any person entitled thereto by this Act may secure
copyright for his work by publication thereof with the notice of copy-
right required by this Act ; and such notice shall be affixed to each
copy thereof published or offered for sale in the United States by
authority of the copyright proprietor. In the case of a work of art or
a plastic work or drawing, such notice shall be affixed to the original
also before publication thereof. In the case of a lecture or similar work
intended only for oral delivery, notice of copyright shall be given at
each public delivery thereof.
SEC. 10. That such person may obtain registration of his claim to
copyright by complying with the requirements prescribed in this Act ;
and such registration shall be primá facie evidence of ownership.
Registration may also be had of works of which copies are not repro-
duced for sale, by the deposit, with claim of copyright, of the title and
one complete printed or manuscript copy of such work, if it be a
lecture or similar production, or a dramatic or musical composition; of
a photographic print, if the work be a photograph ; or of a photograph
or other identifying reproduction thereof, if it be a work of art, or a
plastic work or drawing ; the notice of copyright in these latter
cases being affixed to the original before publication as required by
section nine above. But the privilege of registration secured hereunder
shall not exempt the copyright proprietor from the requirement of
deposit of copies under section eleven herein where the work is later
reproduced in copies for sale.
SEC. 11. That not later than thirty days (but in the case of a
periodical not later than ten days) after the publication of the work
upon which copyright is claimed, there shall be deposited in the Copy-
right Office or in the United States mail addressed to the Register of
Copyrights, Washington, District of Columbia, two complete copies of
the best edition ; or if the work be a label or print relating to an article
of manufacture, one such copy ; or if a contribution to a periodical for
which contribution special registration is requested, one copy of the
issue or issues of the periodical containing such contribution, to be
deposited not later than ten days after publication ; or if the work is
not reproduced in copies for sale, there shall be deposited the copy,
print, photograph or other identifying reproduction required by section
ten above: such copies or copy, print, photograph or other reproduction
to be accompanied in each case by a claim of copyright.
SEC. 12. That the postmaster to whom are delivered the articles
required to be deposited under section eleven above shall, if requested,
give a receipt therefor; and shall mail them to their destination
without cost to the copyright claimant.
SEC. 13. That of a printed book or periodical the text of the copies
deposited under section eleven above shall be printed from type set
How to Secure Copyright.
Comp. Rev. Stat., Sec. 4956, as
amended by the Act of March 3,
1891, sec. 3 (26 Stat. at L.,
p. 1107).
Comp. Rev. Stat., Sec. 4961.
U. S. type-set-
ting and litho-
within the limits of the United States, either by hand or by the aid of graphiº Pº
any kind of typesetting machine, or from plates made from type set
within the limits of the United States, or if the text be produced by
## p. (#714) ################################################
8
Comp. Act of March 3, 1891, sec. 3
(26 Stat. at L., p. 1107); H. R.
bill no. 13355, March 2, 1904,
passed by the House of Repre-
sentatives April 26, 1904 (58th
Cong., 2d Sess.).
Comp. Act of March 3, 1905.
Notice of copy-
right,
Comp. Rev. Stat., sec., 4962; Act
of June 18, 1874, sec. 1 (18 Stat.
at L., part III, p. 79); Act of
March 3, 1905.
lithographic process, then by a process wholly performed within the
limits of the United States: which requirements shall extend also to
the illustrations produced by lithographic process within a printed book
consisting of text and illustrations, and also to separate lithographs,
except where in either case the subjects represented are located in a
foreign country ; but they shall not apply to works in raised characters
for the use of the blind, and they shall be subject to the provisions of
section sixteen with reference to books published abroad seeking
ad interim protection under this Act.
In the case of the book the copies so deposited shall be accompanied
by an affidavit, under the official seal of any officer authorized to
administer oaths within the United States, duly made by the person
claiming copyright or by his duly authorized agent or representative
residing in the United States or by the printer who has printed the
book, setting forth that the copies deposited have been printed from
type set within the limits of the United States or from plates made from
type set within the limits of the United States, or, if the text be pro-
duced by lithographic process, that such process was wholly performed
within the limits of the United States.
Any person who for the purpose of obtaining a copyright shall
knowingly be guilty of making a false affidavit as to his having
complied with the above conditions shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be punished by a fine
of not more than one thousand dollars, and all of his rights and
privileges under said copyright shall thereafter be forfeited.
Such affidavit shall state also the place within the United States, and
the establishment, in which such type was set or plates were made or
lithographic process was performed and the date of the completion of
the printing of the book or the date of publication.
SEC. 14. That the notice of copyright required by section nine shall
consist either of the word “Copyright" or the abbreviation “Copr.”
or, in the case of any of the works specified in sub-sections (f) to (l)
inclusive, of section five of this Act, the letter C enclosed within a
circle, thus: (G), accompanied in every case by the name of the author
or copyright proprietor as registered in the Copyright Office ; or, in the
case of works specified in subsections (f) to (l), inclusive, of Section
five of this Act, by his initials, monogram, mark, or symbol, provided
that on some accessible portion of the work or of the margin, back,
permanent base or pedestal thereof or of the substance on which the
work shall be mounted his name shall appear. But in the case of Works
in which copyright is subsisting when this Act shall go into effect the
notice of copyright may be either in one of the forms prescribed herein
or in one of those prescribed by the Act of June 18, 1874.
The notice of copyright shall be applied, in the case of a book or
other printed publication, upon its title-page or the page immediately
following, or if a periodical, either upon the title-page or upon the first
page of text of each separate number or under the title heading ; or if
a work specified in subsections (f) to (l), inclusive, of section five of this
Act, upon some accessible portion of the work itself or of the margin,
back, permanent base or pedestal thereof, or of the substance on which
the work shall be mounted.
In a composite work one notice of copyright shall suffice.
Upon every copy of a published musical composition in which the
right of public performance is reserved there shall be imprinted under
the notice of copyright the words “Right of public performance
reserved ; ” in default of which no action shall be maintained nor
recovery be had for any such performance although without the consent
of the copyright proprietor.
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9
SEC. 15. That if, by reason of any error or omission, the requirements
prescribed above in section eleven have not been complied with within
the time therein specified, or if failure to make registration has occurred
by the error or omission of any administrative officer or employee of the
United States, it shall be permissible for the author or proprietor to
make the required deposit and secure the necessary registration within
a period of one year after the first publication of the work: Provided,
That in such case no action shall be brought for infringement of the
Copyright until such requirements have been fully complied with : And
provided further, That the privilege above afforded of completing the
registration and deposit after the expiration of the period prescribed in
Section eleven shall not exempt the proprietor of any article which bears
a notice of copyright from depositing the required copy or copies upon
Specific written demand therefor by the Register of Copyrights, who
may make such demand at any time subsequent to the expiration of
such period ; and after the said demand shall have been made, in default
of the deposit of the copies of the work within one month from any
part of the United States except an outlying territorial possession of
the United States, or within three months from any outlying territorial
possession of the United States or from any foreign country, the
º of the copyright shall be liable to a fine of one hundred
ollars.
Where the copyright proprietor has sought to comply with the
requirements of this Act as to notice and the notice has been duly
affixed to the bulk of the edition published, its omission by inadvertence
from a particular copy or copies, though preventing recourse against an
innocent infringer without notice, shall not invalidate the copyright
nor prevent recovery for infringement against any person who after
actual notification of the copyright begins an undertaking to infringe it.
SEC. 16. That in the case of a book published in a foreign country
before publication in this country the deposit in the Copyright Office
not later than thirty days after its publication abroad of one complete
copy of the foreign edition with a request for the reservation of the
copyright, and a statement of the name and nationality of the author
and of the copyright proprietor, and of the date of publication of the
said book shall secure to the author or proprietor an ad interim copy-
right. Except as otherwise provided, the ad interim copyright thus
secured shall have all the force and effect given to copyright by this
Act, and shall endure as follows:–
(a) In the case of a book printed abroad in a foreign language,
for a period of two years after the first publication of the book in
the foreign country;
(b) In the case of a book printed abroad in the English language
or in English and one or more foreign languages, for a period of
thirty days after such deposit in the Copyright Office.
SEC. 17. That whenever within the period of such ad interim pro-
tection an authorized edition shall be produced and published from type
set within the limits of the United States or from plates made there-
from, (a) of a book in the English language, or (b) of a book in a foreign
language, either in the original language or in an English translation
thereof, and whenever the requirements prescribed by this Act as to
deposit of copies, registration, filing of affidavit and the printing of the
copyright notice shall have been duly complied with, the copyright shall
be extended to endure in such original book for the full terms elsewhere
provided in this Act.
SEC. 18. That the copyright secured by this Act shall endure,
(a) For twenty-eight years after the date of first publication in
>{<
Failure to com-
ply with formali-
ties.
Comp. Rev. Stat., sec. 4962.
Comp. Act of March 3, 1865, sec. 3
(13 Stat. at L., p. 540).
Ad interim pro-
tection,
Comp. Act of March 3, 1905.
Duration of the Copyright.
## p. (#716) ################################################
1()
Comp, as to prints or labels, the
Act of June 18, 1874, sec. 3 (18
Stat. at L., part III, p. 79).
Comp. Rev. Stat., secs. 4953 and
4954.
Extension of
term of subsist-
ing copyright,
Comp. Act of Feb. 3, 1831, Sec. 16
(4 Stat. at L., p. 439).
Right of trans-
lation.
Comp. Act. of March 3, 1891, sec. 1
(26 Stat. at L., p. 1107).
Protection of the Copyright.
Protection for
un pub l is he d
Works.
In fringement
of copyright,
Comp. Rev. Stat., sec. 3082.
the case of any print or label relating to articles of manufacture :
Provided, That the copyright which at the time of the passing of
this Act may be subsisting in any article named in this section
shall endure for the balance of the term of copyright fixed by the
laws then in force;
(b) For fifty years after the date of first publication in the case
of any composite or collective work; any work copyrighted by a
corporate body or by the employer of the author or authors; any
abridgment, compilation, dramatization, or translation ; any post-
humous work; any arrangement or reproduction in some new form
of a musical composition ; any photograph ; any reproduction of
a work of art ; any print or pictorial illustration ; the copyrightable
contents of any newspaper or other periodical ; and the additions
or annotations to works previously published. *
(c) For the lifetime of the author and for fifty years after his
death, in the case of his original book, lecture, dramatic or musical
composition, map, work of art, drawing or plastic work of a
scientific or technical character, or other original work, but not
including any work specified in subsections (a) or (b) hereof; and
in the case of joint authors, during their joint lives and for fifty
ears after the death of the last survivor of them.
In all of the above cases the term shall extend to the end of the
calendar year of expiration.
The copyright in a work published anonymously or under an assumed
name shall subsist for the same period as if the work had been produced
bearing the author's true name.
SEC. 19. That the copyright subsisting in any work at the time when
this Act goes into effect may, at the expiration of the renewal term pro-
vided for under existing law, be further renewed and extended by the
author, if he be still living, or if he be dead, leaving a widow, by his
widow, or in her default, or if no widow survive him, by his children, if
any survive him, for a further period such that the entire term shall be
equal to that secured by this Act : Provided, That application for such
renewal and extension shall be made to the Copyright Office and duly
registered therein within one year prior to the expiration of the existing
term : And provided further, That, should such subsisting copyright
have been assigned, or a license granted therein for publication upon
payment of royalty, the copyright shall be renewed and extended only
in case the assignee or licensee shall join in the application for such
renewal and extension.
SEC. 20. That the author’s exclusive right to dramatize or translate
any one of his works in which copyright is subsisting shall, after the
expiration of ten years from the day on which the work was registered
in the Copyright Office, continue effective only in case a dramatization
or translation thereof has been produced within that period by his
consent or that of his assigns, and in the case of translations shall be
confined to the language of any translation so produced.
SEC. 21. That every person who, without the consent of the author
or proprietor first obtained, shall publish or reproduce in any manner
whatsoever any unpublished copyrightable work shall be liable to the
author or proprietor for all damages occasioned by such injury, and to
an injunction restraining such unauthorized publication, as hereinafter
provided.
SEC. 22. That any reproduction, without the consent of the author
or copyright proprietor, of any work or any material part of any work
in which copyright is subsisting shall be illegal and is hereby prohibited.
The provisions of section thirty-eight hundred and ninety-three of
## p. (#717) ################################################
11
the Revised Statutes, prohibiting the use of the mails in certain cases,
and also the provision of section thirty-eight hundred and ninety-five
of the Revised Statutes, shall apply, and the importation into the
United States of any such fraudulent copies or reproductions is hereby
prohibited.
SEC. 23. That if any person shall infringe the copyright in any
work protected under the copyright laws of the United States by doing
or causing to be done, without the consent of the copyright proprietor
first obtained in writing, any act the exclusive right to do or authorize
which is by such laws reserved to such proprietor, such person shall be
liable :
a) To an injunction restraining such infringement ;
§ To pay to the copyright proprietor such damages as the
copyright proprietor may have suffered due to the infringement,
as well as all the profits which the infringer may have made from
such infringement, and in proving profits the plaintiff shall be
required to prove sales only and defendant shall be required to
prove every element of cost which he claims; or in lieu of actual
damages and profits, such damages as to the court shall appear
just, to be assessed upon the following basis, but such damages
shall in no case exceed the sum of five thousand dollars nor be less
than the sum of two hundred and fifty dollars, and shall not be
regarded as a penalty :
(1) In the case of a painting, statue or sculpture or any
device especially adapted to reproduce to the ear any copy-
righted work, not less than ten dollars for every infringing
copy made or sold by or found in the possession of the infringer
or his agents or employees;
(2) In the case of a lecture, sermon, or address, not less
than fifty dollars for every infringing delivery;
(3) In the case of a dramatic or musical composition, not
less than one hundred dollars for the first and not less than
fifty dollars for every subsequent infringing performance ;
(4) In the case of all other works enumerated in section five
of this Act, not less than one dollar for every infringing copy
made or sold by or found in the possession of the infringer or
his agents or employees.
(c) To deliver up on oath to be impounded during the pendency
of the action, upon such terms and conditions as the court may
prescribe, all goods alleged to infringe a copyright :
(d) To deliver up on oath for destruction all the infringing
copies or devices, as well as all plates, molds, matrices or other
means for making such infringing copies.
Any court given jurisdiction under section thirty-two of this Act may
proceed in any action instituted for violation of any provision hereof to
enter a judgment or decree enforcing any of the remedies herein
provided.
SEC, 24. That the proceedings for an injunction, damages and profits,
and those for the Seizure of infringing copies, plates, molds, matrices,
etc., aforementioned, may be united in One action.
SEC. 25. That any person who wilfully and for profit shall infringe
any copyright secured by this Act, or who shall knowingly and
wilfully aid or abet such infringement or in any wise knowingly and
wilfully take part in any such infringement, shall be deemed guilty of
a misdemeanor, and upon conviction thereof shall be punished by
imprisonment for not exceeding one year or by a fine of not less than
Remedies,
Comp. Rev. Stat., sec. 4964 (as
amended by Act of March 3,
1891, Sec. 7, 26 Stat. at L.,
p. 1109) and Rev. Stat., sec. 4965
(as amended by Act of March 2,
1895, 28 Stat, at L., p. 965).
Comp. Rev. Stat., sec. 4966 (as
amended by Act of Jan. 6, 1897,
29 Stat. at L., p. 481).
## p. (#718) ################################################
12
one hundred dollars nor more than one thousand dollars, or both, in
the discretion of the court.
False notice of & Any person who, with fraudulent intent, shall insert or impress any
copyright.
Prohibition of
importation.
Comp. Rev. Stat., Sec. 3076.
Comp. Rev. Stat., Sec. 838
notice of copyright required by this Act, or words of the same purport,
in or upon any article for which he has not obtained copyright, or with
fraudulent intent shall remove or alter the copyright notice upon an
article duly copyrighted, shall be guilty of a misdemeanor, punishable
by a fine of not less than one hundred dollars and not more than one
thousand dollars. Any person who shall knowingly issue or sell any
article bearing a notice of United States copyright which has not been
copyrighted in this country, or who shall knowingly import any article
bearing such notice, or words of the same purport, which has not been
copyrighted in this country, shall be liable to a fine of one hundred
dollars.
The importation into the United States of any article bearing such
notice of copyright when there is no existing copyright thereon in the
United States is prohibited, and such importations shall be proceeded
against as provided by sections twenty-six to twenty-nine, inclusive, of
this Act. ... . . ;
SEC. 26. That any and all such fraudulent copies prohibited importa-
tion by this Act which are brought into the United States from any
foreign country shall be seized by the collector, surveyor or other
officer of the customs, or any person authorized in writing to make
seizures under the customs revenue laws, in the district in which they
are found; and the copies so seized shall without delay be delivered
into the custody of the principal customs officer of the collection
district in which the seizure is made ; whereupon the said officer shall
(except in cases of importation by mail) publish a notice of such
seizure once a week for three successive weeks in some newspaper of the
county or place where such seizure shall have been made. If no news-
paper is published in such county, then such notice shall be published
in some newspaper of the county in which the principal customs office
of the district is situated ; and if no newspaper is published in such
county, then notices shall be posted in proper public places, which
notices shall describe the articles seized and state the time, cause, and
place of seizure, and shall require any person claiming such articles to
appear and file with such customs officer his claim to such articles
within twenty days from the date of the first publication of such notice.
SEC. 27. That any person claiming the property so seized may, at
any time within twenty days from the date of such first publication of
notice, file with the collector, or other proper officer, a claim, stating
his interest in the articles seized, and deposit with such collector, or
other proper officer, a bond to the United States as now prescribed by
law, in the penal sum of two hundred and fifty dollars, with two sure-
ties, to be approved by said collector, or other proper officer, conditioned
that in case of the condemnation of the articles so claimed the obligors
shall pay all the costs and expenses of the proceedings to obtain such
condemnation.
Such collector, or other proper officer, shall transmit the said bond
with a duplicate list and description of the articles seized and claimed
to the United States Attorney for the proper district, who shall proceed
for a condemnation of the property by information as in customs revenue
Ca,SéS.
SEC. 28. That in case the property shall be condemned it shall be
delivered into the custody of the United States Marshal and destroyed
in such manner as the court may direct. If not condemned the said
articles shall be delivered to the importer on payment of the duty, if
## p. (#719) ################################################
13
any be due. If probable cause is found by the court as an existing
fact connected with the seizure, the officer or other person making the
seizure shall be entitled to a certificate affording him an absolute
defense to any action on account of seizure. If no such claim shall be
filed, or bond given, within the twenty days above specified, the
collector, or other proper officer of the customs who has custody of the
property, shall declare the same forfeited, and it shall be destroyed in
such manner as shall be prescribed by the Secretary of the Treasury.
SEC. 29. That mails from foreign countries shall be carefully
examined by postmasters, who shall forward to the principal customs
officer of the district in which the post office is situated any foreign
mail package supposed to contain any article imported in violation of
the provisions of this Act. Upon receipt of such package the customs
officer shall detain the same in his custody and notify by mail the
addressee of the package of its detention, and require him to show
cause within thirty days why the supposed prohibited articles should
not be destroyed. If the person so addressed shall not appear and
show cause to the contrary, the customs officer shall make formal
seizure of the articles contained in the package supposed to be pro-
hibited importation, and if the package contains any prohibited articles
shall declare the same forfeited, whereupon said articles shall be
destroyed in such manner as the Secretary of the Treasury shall direct.
If upon examination the articles prove to be innocent of any violation
of law the package shall be forwarded to the addressee in regular
course of mail, subject to the payment of customs duty, if any be due.
If the addressee appears and shows to the satisfaction of the said
officer that the importation of the articles is not prohibited, the said
articles shall be delivered to the addressee upon payment of the customs
duty, if any be due.
SEC. 30. That during the existence of the American copyright in any
book the importation into the United States of any foreign edition or
editions thereof (although authorized by the author or proprietor) not
printed from type set within the limits of the United States or from
plates made therefrom, or any plates of the same not made from type
set within the limits of the United States, or any editions thereof pro-
duced by lithographic process not performed within the limits of the
United States, in accordance with the requirements of section thirteen
of this Act, shall be and is hereby prohibited : Provided, however, That
such prohibition shall not apply—
(a) To works in raised characters for the use of the blind;
(b) To a foreign newspaper or magazine, although containing
matter copyrighted in the United States printed or reprinted by
authority of the copyright proprietor, unless such newspaper or
magazine contains also copyright matter printed or reprinted
without such authorization ;
(c) To the authorized edition of a book in a foreign language or
languages, of which only a translation into English has been copy-
righted in this country :
(d) To books in a foreign language or languages, published
without the limits of the United States, but deposited and
registered for an ad interim copyright under the provisions of this
Act : in which case importation of copies of an authorized foreign
edition shall be permitted during the ad interim term of two years,
or until such time within this period as an edition shall have
been produced from type set within the limits of the United
States, or from plates made therefrom, or by a lithographic process
performed therein as above provided ;
Comp. Act of March 3, 1891, sec. 3
(26 Stat. at L., p. 1107).
Comp. Act of Oct. 1, 1890, Free
List, sec. 513.
Comp. Act of March 3, 1891, sec. 3
(26 Stat. at L., p. 1108).
Comp. Act of March 3, 1891, sec. 3
(26 Stat. at L., p. 1107).
Comp. Act of March 3, 1905,
## p. (#720) ################################################
14
Suits :
diction.
Juris-
(e) To any book published abroad with the authorization of the
author or copyright proprietor when imported under the circum-
stances stated in one of the four sub-divisions following, that is to say:
(1) When imported, not more than one copy at one time
for use and not for sale, under permission given by the pro-
prietor of the American copyright :
(2) When imported, not more than one copy at one time,
by the authority or for the use of the United States;
(3) When specially imported, for use and not for sale, not
more than one copy of any such book in any one invoice, in
good faith, by or for any society or institution incorporated
for educational, literary, philosophical, scientific or religious
purposes, or for the encouragement of the fine arts, or for any
college, academy, school or Seminary of learning, or for any
State, school, college, university or free public library in the
United States: but such privilege of importation without the
consent of the American copyright proprietor shall not extend
to a foreign reprint of a book by an American author copy-
righted in the United States unless copies of the American
edition can not be supplied by the American publisher
or copyright proprietor ;
(4) When such books form parts of libraries or collections
purchased en bloc for the use of societies, institutions or
libraries designated in the foregoing paragraph ; or form
parts of the libraries or personal baggage belonging to persons
or families arriving from foreign countries, and are not
intended for sale :
Provided, That copies imported as above may not lawfully
be used in any way to violate the rights of the American
copyright proprietor or annul or limit the copyright protection
secured by this Act ; and such unlawful use shall be deemed
an infringement of copyright.
SEC. 31. That all copies of authorized editions of copyright books
imported in violation of the above provisions of this Act may be
exported and returned to the country of export, provided it be shown
to the satisfaction of the Secretary of the Treasury upon written
application that such importation does not involve wilful negligence or
fraud. If absence of wilful negligence or fraud be not established to
the satisfaction of the Secretary of the Treasury, the importation shall
be proceeded against as in the case of fraudulent copies in the manner
prescribed by sections twenty-six to twenty-nine, inclusive, of this Act.
SEC. 32. That all actions arising under the copyright laws of the
United States shall be originally cognizable by the circuit courts of
the United States, the district court of any Territory, the Supreme
Court of the District of Columbia, the district courts of Alaska, Hawaii
and Porto Rico, and the courts of first instance of the Philipine
Islands. -
Actions arising under this Act may be instituted in the district of
which the defendant is an inhabitant, or in the district where the
violation of any provision of this Act has occurred.
Any such court, or judge thereof, shall have power, upon bill in
equity filed by any party aggrieved, to grant an injunction to prevent
the violation of any right secured by said laws, according to the course
and principles of courts of equity, on such terms as said court or judge
may deem reasonable. Any injunction that may be granted, restraining
and enjoining the doing of anything forbidden by this Act may be
served on the parties against whom such injunction may be granted
## p. (#721) ################################################
15
anywhere in the United States, and shall be operative throughout the
United States and be enforceable by proceedings in contempt, or other-
Wise, by any other court or judge possessing jurisdiction of the
defendant ; but the defendants, or any or either of them, may make a
motion in the proper court of any other district where such a violation
is alleged, to dissolve said injunction upon such reasonable notice to
the plaintiff as the court or judge before whom said motion shall be
made shall deem proper; service of said motion to be made on the
plaintiff in person or on his attorney in the action. Said courts or
judges shall have authority to enforce said injunction and to hear and
determine a motion to dissolve the same, as herein provided, as fully as
if the action were pending or brought in the district in which said
motion is made.
The clerk of the court, or judge granting the injunction, shall, when
required so to do by the court hearing the application to dissolve or
enforce said injunction, transmit without delay to said court a certified
copy of all the papers on which the said injunction was granted that are
on file in his office.
When any action is brought in any place whereof the defendant is
not an inhabitant, service of process shall be made by the marshal of
the district of which the defendant is an inhabitant, or of the district
where he may be found, upon receiving a certified copy of the process
from the clerk of the court where the suit was brought, and return shall
be made by said marshal to said court.
SEC. 33. That the final orders, judgments or decrees of any court
mentioned in section thirty-two of this Act arising under the copyright
laws of the United States may be reviewed on appeal or writ of error in
the manner and to the extent now provided by law for the review of
cases finally determined in said courts respectively.
SEC. 34. That no action shall be maintained under the provisions of
this Act unless the same is commenced within three years after the
Cause of action arose.
SEC. 35. That in all recoveries under this Act full costs shall be
allowed.
SEC. 36. That nothing in this Act shall prevent, lessen, impeach, or
avoid any remedy at law or in equity which any party aggrieved by any
infringement of a copyright might have had if this Act had not been
passed.
SEC. 37. That the copyright is distinct from the property in the
material object which is the subject of copyright, and the sale or con-
veyance, by gift or otherwise, of the original object shall not of itself
imply the cession of the copyright ; nor shall the assignment of the
copyright imply the transfer of the material object.
SEC. 38. That the right of translation, the right of dramatization, the
right of oral delivery of a lecture, the right of representation in the
case of a dramatic composition, the right of performance in the case of
a musical composition, where the latter is reserved as provided in
section fourteen hereof, the right to make any mechanical device by
which music may be reproduced to the ear, and the right of repro-
duction of a work of art or of a drawing or plastic work of a scientific
or technical character shall each be deemed a separate estate subject to
assignment, lease, license, gift, bequest, or inheritance.
SEC. 39. That the copyright in a work of art and the ownership of
the work shall be deemed to be distinct properties, and, except as pro-
Comp. Rev. Stat., sec. 972.
Transfer of Copyright.
vided for in this Act, the copyright in any artistic work shall remain
in the author of the work, even if such work be sold or disposed of by
## p. (#722) ################################################
16
Assignment of
copyright.
For eign a s-
signment.
Comp. Patent Act of March 3, 1897,
sec. 5 (29 Stat. at L., p. 693).
Comp. Rev. Stat., sec. 4955.
Comp. Act of June 18, 1874, sec. 2
(18 Stat. at L., part III, p. 79).
The Copyright Office,
Comp. Rev. Stat., sec. 4948 ; Act of
Feb. 19, 1897 (29 Stat. at L.,
p. 545).
Comp. Act of Feb. 19, 1897 (29
Stat. at L., p. 545).
Comp. Act of Feb. 19, 1897 (29
Stat. at L., p. 545).
such author, unless the copyright therein be expressly assigned or
disposed of in writing by him, or pass by operation of law or testamentary
disposition.
SEC. 40. That every assignment of copyright under this Act shall be
by an instrument of writing signed by the assignor.
SEC. 41. That every assignment of copyright executed in a foreign
country shall be acknowledged by the assignor before a consular officer
or secretary of legation of the United States authorized by law to
administer oaths or perform notarial acts. The certificate of such
acknowledgment under the hand and official seal of such consular officer
or secretary of legation shall be primá facie evidence of the execution
of the instrument.
SEC. 42. That every assignment of copyright shall be recorded in the
Copyright Office within ninety days after its execution in the United
States or within six calendar months after its execution without the
limits of the United States, in default of which it shall be void as
against any subsequent purchaser or mortgagee for a valuable con-
sideration, without notice, whose assignment has been duly recorded.
SEC. 43. That in place of the original instrument of assignment there
may be sent for record a true copy of the same duly certified as such by
any official authorized to take an acknowledgment to a deed.
SEC. 44. That the Register of Copyrights shall, upon payment of
the prescribed fee, record such assignment, and shall return to the
Sender, with a certificate of record attached, under seal, the original
instrument or the copy of the same so filed for record; and upon the
payment of the fee prescribed by this Act he shall furnish to any person
requesting the same a certified copy thereof, under the seal of the
Copyright Office.
SEC. 45. That when an assignment of the copyright in a specified
book or other work has been recorded, the assignee shall have the
privilege of Substituting his name for that of the assignor in the
statutory notice of copyright prescribed by this Act.
SEC. 46. That all records and other things relating to copyrights,
required by law to be preserved, shall be kept and preserved in the
Copyright Office, Library of Congress, District of Columbia, and shall
be under the control of the Register of Copyrights, who shall, under
the direction and supervision of the Librarian of Congress, perform all
the duties relating to the registration of copyrights.
SEC. 47. That there shall be appointed by the Librarian of Congress
a Register of Copyrights, at a salary of
dollars per annum, and one Assistant Register of Copyrights, at a salary
Of dollars per annum, who shall have
authority during the absence of the Register of Copyrights to attach
the Copyright Office seal to all papers issued from the said office, and
to sign such certificates and other papers as may be necessary. There
shall also be appointed by the Librarian such subordinate assistants to
the Register as may from time to time be authorized by law.
SEC. 48. That the Register of Copyrights shall make daily deposits
in some bank in the District of Columbia, designated for this purpose
by the Secretary of the Treasury as a national depository, of all moneys
received to be applied as copyright fees, and shall make weekly deposits
with the Secretary of the Treasury, in such manner as the latter shall
direct, of all copyright fees actually applied under the provisions of this
Act, and annual deposits of sums received which it has not been
possible to apply as copyright fees or to return to the remitters, and
## p. (#723) ################################################
17
shall also make monthly reports to the Secretary of the Treasury and to
the Librarian of Congress of the applied copyright fees for each calendar
month, together with a statement of all remittances received, trust
funds on hand, moneys refunded, and unapplied balances.
SEC. 49. That the Register of Copyrights shall give bond to the
United States in the sum of twenty thousand dollars, in form to be
approved by the Solicitor of the Treasury, and with sureties satisfactory
to the Secretary of the Treasury, for the faithful discharge of his duties.
SEC. 50. That the Register of Copyrights shall make an annual
report to the Librarian of Congress, to be printed in the Annual Report
on the Library of Congress, of all copyright business for the previous
fiscal year, including the number and kind of works which have been
deposited in the Copyright Office during the fiscal year, under the
provisions of this Act.
SEC. 51. That the seal provided under the Act of July eighth,
eighteen hundred and seventy, and at present used in the Copyright
Office, shall continue to be the seal thereof, and by it all papers issued
from the Copyright Office requiring authentication shall be authenticated.
SEC. 52. That, subject to the approval of the Librarian of Congress,
the Register of Copyrights shall be authorized to make reasonable rules
and regulations, not inconsistent with the provisions of this Act, for the
conduct of proceedings with reference to the registration of claims to
copyright as provided by this Act: Provided, That no breach of such
rules or regulations shall affect the validity of the copyright.
SEC. 53. That the Register of Copyrights shall provide and keep such
record books in the Copyright Office as are required to carry out the
provisions of this Act, and whenever deposit has been made in the
Copyright Office of a title or copy of any work under the provisions of
this Act he shall make entry thereof.
SEC. 54. That in the case of each entry the person recorded as the
claimant of the copyright shall be entitled to a certificate under seal of
copyright registration, to contain his name and address, the title of the
work upon which copyright is claimed, the date of the deposit of the
required copies of such work, and such marks as to class designation
and entry number as shall fully identify the entry. In the case of a
book the certificate shall also state the receipt of the affidavit required
by section thirteen of this Act, and the date of the completion of the
printing, or the date of the publication of the book, as stated in the
said affidavit. The Register of Copyrights shall prepare a printed form
for the said certificate to be filled out in each case as above provided
for, which certificate sealed with the seal of the Copyright Office shall,
upon payment of the prescribed fee, be given to any person making
application for the same, and the said certificate shall be admitted in
any court as primá facie evidence of the facts stated therein.
SEC. 55. That the Register of Copyrights shall fully index all copy-
right registrations, and shall print at periodic intervals a catalogue of
the titles of articles deposited and registered for copyright, together
with suitable indexes, and at stated intervals shall print complete and
indexed catalogues for each class of copyright entries, and thereupon
shall have authority to destroy the original manuscript catalogue cards
containing the titles included in such printed volumes and representing
the entries made during such intervals. The current catalogues of
copyright entries and the index volumes herein provided for shall be
admitted in any court as primá facie evidence of the facts stated therein
as regards any copyright registration.
Comp. Act of Feb. 19, 1897 (29
Stat. at L., p. 545).
Comp. Rev. Stat., sec. 4951.
Comp. Rev. Stat., sec. 4949.
Comp. Trade-mark Act of Feb. 20,
1905, sec. 26.
Comp. Rev. Stat., sec. 4957.
Comp. Trade-mark Act of Feb. 20,
1905, sec. 16.
C a t a log u e of
copyright entries.
Comp. Act of March 3, 1891, Sec. 4
(26 Stat. at L., p. 1108).
## p. (#724) ################################################
18
Comp. Act. of March 3, 1891, Sec. 4
(26 Stat. at L., p. 1108).
Disposal of ac-
Cumulated copy-
right deposits.
Copyright fees,
Comp. Rev. Stat., sec. 4958; Act of
June 18, 1874, sec. 2 (18 Stat. at
L., part III, p. 79); Act of
March 3, 1891, sec. 4 (26 Stat.
at L., p. 1108).
SEC. 56. That the said printed current catalogues as they are issued
shall be promptly distributed by the Copyright Office to the collectors
of customs of the United States and to the postmasters of all exchange
offices of receipt of foreign mails, in accordance with revised lists of
such collectors of customs and postmasters prepared by the Secretary
of the Treasury and the Postmaster-General, and they shall also be
furnished to all parties desiring them at a price to be determined by
the Register of Copyrights not exceeding five dollars per annum for the
complete catalogue of copyright entries and not exceeding one dollar
per annum for the catalogues issued during the year for any one class
of subjects. The consolidated catalogues and indexes shall also be
Supplied to all persons ordering them at such prices as may be deter-
mined to be reasonable, and all subscriptions for the catalogues shall be
received by the Superintendent of Public Documents, who shall forward
the said publications; and the moneys thus received shall be paid into
the Treasury of the United States and accounted for under such laws
and Treasury regulations as shall be in force at the time.
SEC. 57. That the record books of the Copyright Office, together
with the indexes to such record books, and all works deposited and
retained in the Copyright Office, shall be open to public inspection at
convenient times; and copies may be taken of the copyright entries
actually made in such record books, subject to such safeguards and
regulations as shall be prescribed by the Register of Copyrights and
approved by the Librarian of Congress.
SEC. 58. That of the articles deposited in the Copyright Office under
the provisions of the copyright laws of the United States or of this Act,
the Librarian of Congress shall determine what books and other articles
shall be transferred to the permanent collections of the Library of
Congress, including the Law Library, and what other books or articles
shall be placed in the reserve collections of the Library of Congress for
sale or exchange, or be transferred to other governmental libraries in
the District of Columbia for use therein.
SEC. 59. That of any articles undisposed of as above provided,
together with all titles and correspondence relating thereto, the
Librarian of Congress and the Register of Copyrights jointly shall at
suitable intervals determine what of these received during any period
of years it is desirable or useful to preserve in the permanent files of the
Copyright Office, and, after due notice as hereinafter provided, may
Within their discretion cause the remaining articles and other things to
be destroyed : Provided, That there shall be printed in the Catalogue
of Copyright Entries from February to November, inclusive, a statement
of the years of receipt of such articles and a notice to permit any author,
Copyright proprietor, or other lawful claimant to claim and remove
before the expiration of the month of November of that year anything
found which relates to any of his productions deposited or registered
for copyright within the period of years stated, not reserved or disposed
of as provided for in sections fifty-eight and fifty-nine of this Act :
And provided further, That no manuscript of an unpublished work shall
be destroyed during the term of its copyright without specific notice to
the author, copyright proprietor, or other lawful claimant, permitting
him to claim and remove it.
SEC. 60. That the Register of Copyrights shall receive, and the
persons to whom the services designated are rendered shall pay, the
following fees: For the registration of any work subject to copyright
deposited under the provisions of this Act, one dollar, which sum is to
include a certificate under seal. For every additional certificate under
Seal of registration made, fifty cents. For recording and certifying any
## p. (#725) ################################################
19
instrument of writing for the assignment of copyright, or for any copy
of an assignment, duly certified, if not over three hundred words in
length, one dollar; if more than three hundred and less than one
thousand words in length, two dollars; if more than one thousand
words in length, one dollar for each one thousand words and fraction
thereof over three hundred words. For comparing any copy of an
assignment with the record of such document in the Copyright Office
and certifying the same under seal, one dollar. For recording the
transfer of the proprietorship of copyrighted articles, ten cents for each
title of a book or other article in addition to the fee prescribed for
recording the instrument of assignment. For any requested search of
Copyright Office records, indexes, or deposits, fifty cents for each full
hour of time consumed in making such search. For the personal
inspection of copyright record books, indexes, applications, or any article
deposited, including the copying of an entry actually made in any such
record book, ten cents in the case of each book or other article:
Provided, That for such inspection or copying, or both, if made by or on
behalf of any person party to a copyright suit already begun or if the
inspection and use of a book or other deposited article is made in the
reading-room of the Library of Congress, or in any division of the
Library to which the said article would naturally pertain, no charge
shall be made : Provided further, That only one registration at one fee
shall be required in the case of several volumes of the same book
or periodical deposited at the same time or of a numbered series of any
work specified in subsections (h), (j), (k), and (l) of section five
of this Act, where such series represents the same subject with variances
only in pose or composition and the items composing it are deposited
at the same time under one title with a view to a single registration.
SEC. 61. That in the interpretation and construction of this Act the
words “United States’’ shall be construed to mean the United States
and its territorial possessions, and to include and embrace all territory
which is now or may hereafter be under the jurisdiction and control of
the United States.
SEC. 62. That in the interpretation and construction of this Act
words importing the singular number shall be held to include the
plural, and vice versd, except where such construction would be
unreasonable, and words importing the masculine gender shall be held
to include all genders, except where such construction would be absurd
or unreasonable.
SEC. 63. That in the interpretation and construction of this Act
“ the date of publication ” shall in the case of a work of which copies
are reproduced for sale or distribution be held to be the earliest date
when copies of the first authorized edition were sold or placed on sale ;
and the word “author’” shall include an employer in the case of works
made for hire.
SEC. 64. That all acts and parts of acts inconsistent herewith are
hereby repealed, save and except section 4966 of the Revised Statutes,
the provisions of which are hereby confirmed and continued in force,
anything to the contrary in this Act notwithstanding.
BRADBURY, AGNEW, & Co. LD., PRINTERS, LONDON AND TONBRIDGE.
Miscellaneous Provisions.
Repealing clause.
## p. (#726) ################################################
## p. (#727) ################################################
UNITED STATES COPYRIGHT.
AN ACT TO AMEND AND CONSOLIDATE THE ACTS
RESPECTING COPYRIGHT.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That any person entitled thereto, upon complying
with the provisions of this Act, shall have the exclusive right:
(a) To print, reprint, publish, copy, and vend the copyrighted work;
(b.) To translate the copyrighted work into other languages or dialects, or
make any other version thereof, if it be a literary work; to dramatize it if it be
a nondramatic work ; to convert it into a novel or other nondramatic work if it be
a drama; to arrange or adapt it if it be a musical work; to complete, execute, and
finish it if it be a model or design for a work of art ;
(c.) To deliver or authorize the delivery of the copyrighted work in public
for profit if it be a lecture, sermon, address, or similar production ;
(d.) To perform or represent the copyrighted work publicly if it be a drama
or, if it be a dramatic work and not reproduced in copies for sale, to vend any
manuscript or any record whatsoever thereof; to make or to procure the making
of any transcription or record thereof by or from which, in whole or in part, it
may in any manner or by any method be exhibited, performed, represented, pro-
duced, or reproduced ; and to exhibit, perform, represent, produce, or reproduce it
in any manner or by any method whatsoever;
(e.) To perform the copyrighted work publicly for profit if it be a musical
composition and for the purpose of public performance for profit ; and for the
purposes set forth in subsection (a) hereof, to make any arrangement or setting of it
or of the melody of it in any system of notation or any form of record in which
the thought of an author may be recorded and from which it may be read or
reproduced: Provided, That the provisions of this Act, so far as they secure copy-
right controlling the parts of instruments serving to reproduce mechanically the
musical work, shall include old compositions published and copyrighted after
this Act goes into effect, and shall not include the works of a foreign author
or composer unless the foreign state or nation of which such author or com-
poser is a citizen or subject grants, either by treaty, convention, agreement, or
law, to citizens of the United States similar rights : And provided further, and
as a condition of extending the copyright control to such mechanical reproductions, That
whenever the owner of a musical copyright has used or permitted or knowingly
Exclusive right to print,
publish and vend.
Exclusive right to translate,
dramatize, arrange and
adapt, etc.
Exclusive right to deliver
lectures, sermons, etc.
To represent dramatic
works, or make record, or
exhibit or perform, etc.
To perform music and make
arrangement, Setting, or
record.
Act not retroactive.
Music by foreign author.
Control of mechanical
musical reproduction.
## p. (#728) ################################################
( 2 )
Iłoyalty for
use of music
on records,
etC.
Notice of use
of music on
records.
Licence to
use music. On
records.
Failure to
pay royalties.
Reproduction
of music on
coin-operated
machines.
Right at
common law
or in equity.
Component
parts of copy-
rightable
work.
Composite
works or
periodicals.
Works pro-
tected.
Classification
of copyright
works.
Books, com-
posite, cyclo-
paedic works;
directories,
gazetteers,
etc.
acquiesced in the use of the copyrighted work upon the parts of instruments serving to
reproduce mechanically the musical work, any other person may make similar use of the
copyrighted work upon the payment to the copyright proprietor of a royalty of two cents
on each such part manufactured, to be paid by the manufacturer thereof; and the
copyright proprietor may require, and if so the manufacturer shall furnish, a report
under oath on the twentieth day of each month on the number of parts of instruments
manufactured during the previous month serving to reproduce mechanically said musical
work, and royalties shall be due on the parts manufactured during any month upon the
twentieth of the next succeeding month. The payment of the royalty provided for by
this section shall free the articles or devices for which such royalty has been paid from
further contribution to the copyright except in case of public performance for profit :
And provided further, That it shall be the duty of the copyright owner, if he uses the
musical composition himself for the manufacture of parts of instruments serving to
reproduce mechanically the musical work, or licenses others to do so, to file notice thereof,
accompanied by a recording fee, in the copyright office, and any failure to file such notice
shall be a complete defense to any suit, action, or proceeding for any infringement of such
copyright. -
In case of the failure of such manufacturer to pay to the copyright proprietor within
thirty days after demand in writing the full sum of royalties due at said rate at the date
of such demand the court may award taxable costs to the plaintiff and a reasonable
counsel fee, and the court may, in its discretion, enter judgment therein for any sum in
addition over the amount found to be due as royalty in accordance with the terms of this
Act, not exceeding three times such amount.
The reproduction or rendition of a musical composition by or upon coin-operated
machines shall not be deemed a public performance for profit unless a fee is charged for
admission to the place where such reproduction or rendition occurs.
SECT. 2. That nothing in this Act shall be construed to annul or limit the right of the
author or proprietor of an unpublished work, at common law or in equity, to prevent the
copying, publication, or use of such unpublished work without his consent, and to obtain
damages therefor.
SECT. 3. That the copyright provided by this Act shall protect all the copyrightable
component parts of the work copyrighted, and all matter therein in which copyright is
already subsisting, but without extending the duration or scope of such copyright. The
copyright upon composite works or periodicals shall give to the proprietor thereof all the
rights in respect thereto which he would have if each part were individually copyrighted
under this Act.
Spot. 4. That the works for which copyright may be secured under this Act shall
include all the writings of an author.
Spor. 5. That the application for r gistration shall specify to which of the following
classes the work in which copyright is claimed belongs :
(a.) Books, including composite and cyclopaedic works, directories, gazetteers, and
other compilations;
(b.) Periodicals, including newspapers; ſe
(c.) Lectures, sermons, addresses, prepared for oral delivery :
(d) Dramatic or dramatico-musical compositions;
(e.) Musical compositions;
(f) Maps;
## p. (#729) ################################################
( 3 )
(g.) Works of art; models or designs for works of art;
(h.) Reproductions of a work of art ;
(...) Drawings or plastic works of a scientific or technical character;
(j.) Photographs;
(k.) Prints and pictorial illustrations:
Provided, nevertheless, That the above specifications shall not be held to limit
the subject-matter of copyright as defined in section four of this Act, nor shall any
error in classification invalidate or impair the copyright protection secured under
this Act.
SECT. 6. That compilations or abridgements, adaptations, arrangements,
dramatizations, translations, or other versions of works in the public domain, or of
Copyrighted works when produced with the consent of the proprietor of the copy-
right in such work, or works republished with new matter, shall be regarded as new
works subject to copyright under the provisions of this Act; but the publication of
any such new works shall not affect the force or validity of any subsisting copyright
upon the matter employed or any part thereof, or be construed to imply an exclusive
right to such use of the original works, or to secure or extend copyright in such
original works.
SECT. 7. That no copyright shall subsist in the original text of any work which
is in the public domain, or in any work which was published in this country or
any foreign country prior to the going into effect of this Act and has not been
already copyrighted in the United States, or in any publication of the United States
Government, or any reprint, in whole or in part thereof: Provided, however, That
the publication or republication by the Government, either separately or in a public
document, of any material in which copyright is subsisting shall not be taken to
cause any abridgement or annulment of the copyright or to authorize any use or appro-
priation of such copyright material without the consent of the copyright proprietor.
SECT. 8. That the author or proprietor of any work made the subject of copy-
right by this Act, or his executors, administrators, or assigns, shall have copyright
for such work under the conditions and for the terms specified in this Act : Provided,
however, That the copyright secured by this Act shall extend to the work of an
author or proprietor who is a citizen or subject of a foreign state or nation, only :
(a.) When an alien author or proprietor shall be domiciled within the United
States at the time of the first publication of his work ; or
(b.) When the foreign state or nation of which such author or proprietor is a
citizen or subject grants, either by treaty, convention, agreement, or law, to citizens
of the United States the benefit of copyright on substantially the same basis as to
its own citizens, or copyright protection substantially equal to the protection secured
to such foreign author under this Act or by treaty ; or when such foreign state or
nation is a party to an international agreement which provides for reciprocity in
the granting of copyright by the terms of which agreement the United States may,
at its pleasure, become a party thereto.
The existence of the reciprocal conditions aforesaid shall be determined by the
President of the United States, by proclamation made from time to time, as the
purposes of this Act may require.
SECT. 9. That any person entitled thereto by this Act may secure copyright
for his work by publication thereof with the notice of copyright required by this
Classification does not limit
Copyright.
Compilations, abridgments,
dramatizations, transla-
tions, new editions.
Subsisting copyright not
affected.
Not subject-matter of copy-
right ; works in public
domain ; government pub-
lications.
Copyright to author or pro-
prietor for terms specified
in Act.
Foreign authors who may
secure copyright protection.
Alien authors domiciled in
U.S.
Authors, when citizens of
countries granting reci-
procal rights.
International agreement,
Presidential proclamation.
Publication with notice
initiates copyright.
## p. (#730) ################################################
( 4 )
Registration
Of copyright.
Copyright
certificate.
Copyright
protection of
unpublished
works :
lectures,
dramas,
music, etc.
Deposit of
copies after
publication.
Two complete
copies of best
edition.
Periodical
contributions.
Work not
reproduced in
copies for
sale.
No action for
infringement
until deposit
of copies.
- Failure to
deposit copies.
Register of
copyrights
may demand
copies.
Failure to
deposit on
demand.
Fine, $100
and retail
price of 2
copies, best
edition.
Forfeiture of
copyright.
. . Postmaster's
receipt.
Printed from
type.set
within the
United States.
Act ; and such notice shall be affixed to each copy thereof published or offered for sale
in the United States by authority of the copyright proprietor, except in the case of
books seeking ad interim protection under section twenty-one of this Act.
SECT, 10. That such person may obtain registration of his claim to copyright by
complying with the provisions of this Act, including the deposit of copies, and upon such
compliance the register of copyrights shall issue to him the certificate provided for in
section fifty-five of this Act. - .
SECT. 11. That copyright may also be had of the works of an author of which copies
are not reproduced for sale, by the deposit, with claim of copyright, of one complete copy
of such work if it be a lecture or similar production or a dramatic or musical composition;
of a photographic print if the work be a photograph ; or of a photograph or other
identifying reproduction thereof if it be a work of art or a plastic work or drawing. But
the privilege of registration of copyright secured hereunder shall not exempt the copyright
proprietor from the deposit of copies under sections twelve and thirteen of this Act where
the work is later reproduced in copies for sale.
SECT. 12. That after copyright has been secured by publication of the work with the
notice of copyright as provided in section nine of this Act, there shall be promptly
deposited in the copyright office or in the mail addressed to the register of copyrights,
Washington, District of Columbia, two complete copies of the best edition thereof then
published, which copies, if the work be a book or periodical, shall have been produced in
accordance with the manufacturing provisions specified in section fifteen of this Act ; or
if such work be a contribution to a periodical, for which contribution special registration
is requested, one copy of the issue or issues containing such contribution ; or if the work
is not reproduced in copies for sale, there shall be deposited the copy, print, photograph,
or other identifying reproduction provided by section eleven of this Act, such copies or
copy, print, photograph, or other reproduction to be accompanied in each case by a claim
of copyright. No action or proceeding shall be maintained for infringement of copyright
in any work until the provisions of this Act with respect to the deposit of copies and
registration of such work shall have been complied with. -
SECT. 13. That should the copies called for by section twelve of this Act not be
promptly deposited as herein provided, the register of copyrights may at any time after
the publication of the work, upon actual notice, require the proprietor of the copyright to
deposit them, and after the said demand shall have been made, in deſault of the deposit
of copies of the work within three months from any part of the United States, except an
outlying territorial possession of the United States, or within six months from any
outlying territorial possession of the United States, or from any foreign country, the
proprietor of the copyright shall be liable to a fine of one hundred dollars and to pay to
the Library of Congress twice the amount of the retail price of the best edition of the
work, and the copyright shall become void. . . . . . . . -
SECT. 14. That the postmaster to whom are delivered the articles deposited as
provided in sections eleven and twelve of this Act shall, if requested, give a receipt
therefor and shall mail them to their destination without cost to the copyright
claimant. • * *
SECT. 15. That of the printed book or periodical specified in section five, subsections
(a) and (b) of this Act, except the original text of a book of foreign origin in a language
or languages other than English, the text of all copies accorded protection under this Act,
## p. (#731) ################################################
( 5 )
except as below provided, shall be printed from type set within the limits of the
United States, either by hand or by the aid of any kind of typesetting machine, or
from plates made within the limits of the United States from type set therein, or,
if the text be produced by lithographic process, or photo-engraving process, then
by a process wholly performed within the limits of the United States, and the
printing of the text and binding of the said book shall be performed within the
limits of the United States; which requirements shall extend also to the illus-
trations within a book consisting of printed text and illustrations produced by
lithographic process, or photo-engraving process, and also to separate lithographs or
photo-engravings, except where in either case the subjects represented are located in
a foreign country and illustrate a scientific work or reproduce a work of art; but
they shall not apply to works in raised characters for the use of the blind, or to
books of foreign origin in a language or languages other than English, or to books
published abroad in the English language seeking ad interim protection under this Act.
SECT. 16. That in the case of the book the copies so deposited shall be accom-
panied by an affidavit, under the official seal of any officer authorized to administer
oaths within the United States, duly made by the person claiming copyright or by
his duly authorized agent or representative residing in the United States, or by the
printer who has printed the book, setting forth that the copies deposited have been
printed from type set within the limits of the United States or from plates made
within the limits of the United States from type set therein ; or, if the text be
produced by lithographic process, or photo-engraving process, that such process was
wholly performed within the limits of the United States, and that the printing of
the text and binding of the said book have also been performed within the limits of
the United States. Such affidavit shall state also the place where and the establish-
ment or establishments in which such type was set or plates were made or litho-
graphic process, or photo-engraving process or printing and binding were performed
and the date of the completion of the printing of the book or the date of publication.
SECT. 17. That any person who, for the purpose of obtaining registration of a
claim to copyright, shall knowingly make a false affidavit as to his having complied
with the above conditions shall be deemed guilty of a misdemeanor, and upon con-
viction thereof shall be punished by a fine of not more than one thousand dollars,
and all of his rights and privileges under said copyright shall thereafter be forfeited.
SECT. 18. That the notice of copyright required by section nine of this Act
shall consist either of the word “Copyright" or the abbreviation “Copr.”, accom-
Danied by the name of the copyright proprietor, and if the work be a printed literary,
musical, or dramatic work, the notice shall include also the year in which the copy-
right was secured by publication. In the case, however, of copies of works specified
in subsections (f) to (%), inclusive, of section five of this Act, the notice may consist
of the letter C inclosed within a circle thus : (C), accompanied by the initials,
monogram, mark, or symbol of the copyright proprietor: Provided, That on some
accessible portion of such copies or of the margin, back, permanent base, or
pedestal, or of the substance on which such copies shall be mounted, his name
shall appear. But in the case of works in which copyright is subsisting when this
Act shall go into effect, the notice of copyright may be either in one of the forms
prescribed herein or in one of those prescribed by the Act of June eighteenth,
eighteen hundred and seventy-four.
Book in foreign language
excepted.
Lithographic or photo-
engraving process.
Printing and binding of the
book.
Illustrations in a book.
Separate lithographs and
photo-engravings.
Books for blind excepted.
Books in foreign languages
excepted.
Affidavit of American
manufacture.
Printing and binding of the
book.
Establishment where print-
ing was done.
Date of publication.
False affidavit, a misde-
meanor; fine, $1,000 and
forfeiture of copyright.
Notice of copyright.
Notice on maps, copies of
works of art, photographs,
and prints. -
Notice on accessible por-
tion.
Notice on existing copy-
right works.
## p. (#732) ################################################
( 6 ) -
Notice of
copyright On
book.
On periodical.
One notice in
each volume
or periodical.
Omission of
notice by
accident or
mistake.
Innocent
infringement.
Book pub-
lished abroad
in the English
language.
Ad interim
copyright for
30 days.
Extension to
full term.
Deposit of
copies, filing
of affidavit.
Duration of
copyright :
1st term, 28
years.
Posthumous
works,
periodicals,
cyclopaedic
or composite
works.
Renewal term
28 years.
Other copy-
righted
works, first
term 28 years.
Żenewal term
28 years; to
author,
widow, chil-
dren, heirs or
next of kin.
SECT. 19. That the notice of copyright shall be applied, in the case of a book or
other printed publication, upon its title-page or the page immediately following, or if a
periodical either upon the title-page or upon the first page of text of each separate number
or under the title heading, or if a musical work either upon its title-page or the first page
of music : Provided, That one notice of copyright in each volume or in each number of
a newspaper or periodical published shall suffice.
SECT. 20. That where the copyright proprietor has sought to comply with the
provisions of this Act with respect to notice, the omission by accident or mistake of the
prescribed notice from a particular copy or copies shall not invalidate the copyright or
prevent recovery for infringement against any person who, after actual notice of the
copyright, begins an undertaking to infringe it, but shall prevent the recovery of damages
against an innocent infringer who has been misled by the omission of the notice ; and in
a suit for infringement no permanent injunction shall be had unless the copyright
proprietor shall reimburse to the innocent infringer his reasonable outlay innocently
incurred if the court, in its discretion, shall so direct.
SECT. 21. That in the case of a book published abroad in the English language
before publication in this country, the deposit in the copyright office, not later than thirty
days after its publication abroad, of one complete copy of the foreign edition, with a
request for the reservation of the copyright and a statement of the name and
nationality of the author and of the copyright proprietor and of the date of publication
of the said book, shall secure to the author or proprietor an ad interim copyright, which
shall have all the force and effect given to copyright by this Act, and shall endure until
the expiration of thirty days after such deposit in the copyright office.
SECT. 22. That whenever within the period of such ad interim protection an authorized
edition of such book shall be published within the United States, in accordance with the
manufacturing provisions specified in section fifteen of this Acty and whenever the
provisions of this Act as to deposit of copies, registration, filing of affidavit, and the
printing of the copyright notice shall have been duly complied with, the copyright
shall be extended to endure in such book for the full term elsewhere provided in
this Act. -
SECT. 23. That the copyright secured by this Act shall endure for twenty-eight
years from the date of first publication, whether the copyrighted work bears the author's
true name or is published anonymously or under an assumed name : Provided, That in the
case of any posthumous work or of any periodical, cyclopædic, or other composite work
upon which the copyright was originally secured by the proprietor thereof, or of any work
copyrighted by a corporate body (otherwise than as assignee or licensee of the individual
author) or by an employer for whom such work is made for hire, the proprietor of such
copyright shall be entitled to a renewal and extension of the copyright in such work for
the further term of twenty-eight years when application for such renewal and extension
shall have been made to the copyright office and duly registered therein within one year
prior to the expiration of the original term of copyright : And provided further, That in
the case of any other copyrighted work, including a contribution by an individual author
to a periodical or cyclopaedic or other composite work when such contribution has been
separately registered, the author of such work, if still living, or the widow, widower, or
children of the author, if the author be not living, or if such author, widow, Widower, or
children be not living, then the author's executors, or in the absence of a will, his next of
kin shall be entitled to a renewal and extension of the copyright in such work for a
## p. (#733) ################################################
( 7 )
further term of twenty-eight years when application for such renewal and extension
shall have been made to the copyright office and duly registered therein within one
year prior to the expiration of the original term of copyright: And provided further,
That in default of the registration of such application for renewal and extension,
the copyright in any work shall determine at the expiration of twenty-eight years
from first publication.
&
SECT. 24. That the copyright subsisting in any work at the time when this Act
goes into effect may, at the expiration of the term provided for under existing law,
be renewed and extended by the author of such work if still living, or the widow,
widower, or children of the author, if the author be not living, or if such author,
widow, widower, or children be not living, then by the author's executors, or in the
absence of a will, his next of kin, for a further period such that the entire term
shall be equal to that secured by this Act, including the renewal period : Provided,
however, That if the work be a composite work upon which copyright was originally
secured by the proprietor thereof, then such proprietor shall be entitled to the
privilege of renewal and extension granted under this section : Provided, That
application for such renewal and extension shall be made to the copyright office and
duly registered therein within one year prior to the expiration of the existing term.
SECT. 25. That if any person shall infringe the copyright in any work protected
under the copyright laws of the United States such persons shall be liable :
(a.) To an injunction restraining such infringement ;
(b.) To pay to the copyright proprietor such damages as the copyright proprietor
may have suffered due to the infringement, as well as all the profits which the
infringer shall have made from such infringement, and in proving profits the
plaintiff shall be required to prove sales only and the defendant shall be required
to prove every element of cost which he claims, or in lieu of actual damages and
profits such damages as to the court shall appear to be just, and in assessing such
damages the court may, in its discretion, allow the amounts as hereinafter stated,
but in the case of a newspaper reproduction of a copyrighted photograph such
damages shall not exceed the sum of two hundred dollars nor be less than the sum of
fifty dollars, and such damages shall in no other case exceed the sum of five thousand
dollars nor be less than the sum of two hundred and fifty dollars, and shall not be
regarded as a penalty:
First. In the case of a painting, statue, or sculpture, ten dollars for every
infringing copy made or sold by or found in the possession of the infringer or
his agents or employees;
Second. In the case of any work enumerated in section five of this Act, except
a painting, statue, or sculpture, one dollar for every infringing copy made or
sold by or found in the possession of the infringer or his agents or employees;
Third. In the case of a lecture, sermon, or address, fifty dollars for every
infringing delivery :
Fourth. In the case of dramatic or dramatico-musical or a choral or orchestral
composition, one hundred dollars for the first and fifty dollars for every subse-
quent infringing performance ; in the case of other musical compositions, ten
dollars for every infringing performance;
Notice that renewal term is
desired.
Copyright ends in 28 years
unless renewed.
Extension of subsisting
copyrights.
Proprietor entitled to re-
newal for composite work.
Renewal application.
Infringement of copyright.
Injunction.
Damages.
Proving sales.
Newspaper reproduction of
photograph ; recovery,
$50–$200.
Maximum recovery, $5,000.
Minimum recovery, $250.
Painting, statue, or sculp-
ture, $10 for every in-
fringing Copy.
Other works $1 for every
infringing copy.
Lectures, $50 for every
infringing delivery.
Dramatic or musical works,
$100 for first and $50 for
subsequent infringing per-
formance.
Other musical compositions,
$10 for every infringing
performance.
## p. (#734) ################################################
( 8 )
Delivering up
infringing
articles.
Destruction
of infringing
copies, etc.
Infringement
by mechani-
cal musical
instrumentS.
Injunction .
may be
grant 'd.
Recovery of
royalty.
Notice to pro-
prietor of
intention to
TLS62.
Damages,
three times
amount pro-
vided.
Temporary
injunction.
Rules for
practice and
procedure.
Judgment
enforcing
remedies.
|Proceedings,
injunction,
etc., may be
united in One
action.
Penalty for
wilful in-
fringement.
Oratorios,
cantatas, etc.,
may be per-
formed.
False notice
of copyright
(penalty for).
Fraudulent
removal of
notice ; fine,
$100–$1,000.
(c.) To deliver up on oath, to be impounded during the pendency of the action,
upon such terms and conditions as the court may prescribe, all articles alleged to infringe
a copyright : -
(d) To deliver up on oath for destruction all the infringing copies or devices, as well
as all plates, moulds, matrices, or other means for making such infringing copies as the
court may order ; ºt
(e.) Whenever the owner of a musical copyright' has used or permitted the use of
the copyright work upon the parts of musical instruments serving to reproduce
mechanically the musical work, then in case of infringement of such copyright by the
unauthorized manufacture, use, or sale of interchangeable parts, such as disks, rolls,
bands, or cylinders for use in mechanical music-producing machines adapted to
reproduce the copyrighted music, no criminal action shall be brought, but in a civil action
an injunction may be granted upon such terms as the court may impose, and the plaintiff
shall be entitled to recover in lieu of profits and damages a royalty as provided in
section one, subsection (e), of this Act : Provided also, That whenever any person, in the
absence of a licence agreement, intends to use a copyrighted musical composition upon
the parts of instruments Serving to reproduce mechanically the musical work, relying
upon the compulsory licence provision of this Act, he shall serve notice of such intention,
by registered mail, upon the copyright proprietor at his last address disclosed by the
records of the copyright office, sending to the copyright office a duplicate of such notice;
and in case of his failure so to do the court may, in its discretion, in addition to sums
hereinabove mentioned, award the complainant a further sum, not to exceed three times
the amount provided by section one, subsection (e), by Way of damages, and not as a
penalty, and also a temporary injunction until the full award is paid.
- Rules and regulations for practice and procedure under this section shall be prescribed
by the Supreme Court of the United States.
SECT. 26. That any court given jurisdiction under section thirty-four of this Act may
proceed in any action, suit, or proceeding instituted for violation of any provision hereof
to enter a judgment or decree enforcing the remedies herein provided.
SECT. 27. That the proceedings for an injunction, damages, and profits, and those
for the seizure of infringing copies, plates, moulds, matrices, and so forth, aforementioned,
may be united in one action. .
SECT. 28. That any person who wilfully and for profit shall infringe any copyright
secured by this Act, or who shall knowingly and wilfully aid or abet such infringement,
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished
by imprisonment for not exceeding one year or by a fine of not less than one hundred
dollars nor more than one thousand dollars, or both, in the discretion of the court :
Provided, however, That nothing in this Act shall be so construed as to prevent the per-
formance of religious or secular works, such as oratorios, Cantatas, masses, or octavo
choruses by public schools, church choirs, or vocal societies, rented, borrowed, or obtained
from some public library, public school, church choir, school choir, or vocal Society, pro-
vided the performance is given for charitable or educational purposes and not for profit.
SECT. 29. That any person who, with fraudulent intent, shall insert or impress
any notice of copyright required by this Act, or words of the same purport, in or upon
any uncopyrighted article, or with fraudulent intent shall remove or alter the copyright
notice upon any article duly copyrighted shall be guilty of a misdemeanor, punishable by
## p. (#735) ################################################
( 9 )
a fine of not less than one hundred dollars and not more than one thousand dollars.
Any person who shall knowingly issue or sell any article bearing a notice of United
States coypright which has not been copyrighted in this country, or who shall know-
ingly import any article bearing such notice or words of the same purport, which has
not been copyrighted in this country, shall be liable to a fine of one hnndred dollars.
SECT. 30. That the importation into the United States of any article bearing a
false notice of copyright when there is no existing copyright thereon in the United
States, or of any piratical copies of any work copyrighted in the United States, is
prohibited.
SECT. 31. That during the existence of the American copyright in any book
the importation into the United States of any piratical copies thereof or of any copies
thereof (although authorized by the author or proprietor) which have not been pro-
duced in accordance with the manufacturing provisions specified in section fifteen of
this Act, or any plates of the same not made from type set within the limits of the
United States, or any copies thereof produced by lithographic or photo-engraving
process not performed within the limits of the United States, in accordance with
the provisions of section fifteen of this Act, shall be, and is hereby, prohibited :
Provided, however, That, except as regards piratical copies, such prohibtion shall not
apply :
(a.) To works in raised characters for the use of the blind ;
(b.) To a foreign newspaper or magazine, although containing matter copy-
righted in the United States printed or reprinted by authority of the copyright
proprietor, unless such newspaper or magazine contains also copyright matter
printed or reprinted without such authorization ; t
(c.) To the authorized edition of a book in a foreign language or languages of
which only a translation into English has been copyrighted in this country :
(d) To any book published abroad with the authorization of the author or
copyright proprietor when imported under the circumstances stated in one of the
four subdivisions following, that is to say :
First. When imported, not more than one copy at one time, for individual use
and not for sale; but such privilege of importation shall not extend to a foreign
reprint of a book by an American author copyrighted in the United States;
Second. When imported by the authority or for the use of the United States;
Third. When imported, for use and not for sale, not more than one copy of
any such book in any one invoice, in good faith, by or for any society or
institution incorporated for educational, literary, philosophical, scientific, or
religious purposes, or for the encouragement of the fine arts, or for any college,
academy, school, or seminary of learning, or for any State, school, college,
university, or free public library in the United States :
Fourth. When such books form parts of libraries or collections purchased
en bloc for the use of societies, institutions, or libraries designated in the fore-
going paragraph, or form parts of the libraries or personal baggage belonging
to persons or families arriving from foreign countries and are not intended
for sale: Provided, That copies imported as above may not lawfully be used
in any way to violate the rights of the proprietor of the American copyright or
annul or limit the copyright protection secured by this Act, and such unlawful
use shall be deemed an infringement of copyright.
Issuing, selling, or import-
ing article bearing false
notice; fine, $100.
Importation prohibited of
articles bearing false notice
and piratical copies.
Prohibition of importation
of books.
Exceptions to prohibition
of importation :
Works for the blind.
Foreign newspapers or
magazines.
Books in foreign languages
of which only translations
are copyrighted.
Importation of authorized
foreign books permitted.
For individual use and not
for sale.
For the use of the United
States.
For the use of societies,
libraries, etc.
Libraries purchased en bloc.
Books brought personally
into the United States.
Imported copies not to be
used to violate copyright.
## p. (#736) ################################################
( 10 )
Seizure of un-
lawfully im-
ported copies.
Copies of
authorized
books im-
ported may
be returned.
Secretary of
Treasury and
Postmaster-
General to
make rules to
prevent un-
lawful im-
portation.
Jurisdiction
of courts in
copyright
CàSČS.
T)istrict in
which suit
may be
brought.
Injunctions
may be
granted.
Certified copy
of papers
filed.
Judgments,
etc., may be
reviewed on
appeal or writ
of error.
No criminal
proceedings
shall be main-
tained after
three years.
SECT. 32. That any and all articles prohibited importation by this Act which are
brought into the United States from any foreign country (except in the mails) shall be
seized and forfeited by like proceedings as those provided by law for the seizure and
condemnation of property imported into the United States in violation of the customs
revenue laws. Such articles when forfeited shall be destroyed in such manner as the
Secretary of the Treasury or the court, as the case may be, shall direct : Provided,
however, That all copies of authorized editions of copyright books imported in the mails
or otherwise in violation of the provisions of this Act may be exported and returned to
the country of export whenever it is shown to the satisfaction of the Secretary of the
Treasury, in a written application, that such importation does not involve wilful negligence
or fraud. -
SECT. 33. That the Secretary of the Treasury and the Postmaster-General are hereby
empowered and required to make and enforce such joint rules and regulations as shall
prevent the importation into the United States in the mails of articles prohibited
importation by this Act, and may require notice to be given to the Treasury Department
or Post-Office Department, as the case may be, by copyright proprietors or injured parties,
of the actual or contemplated importation of articles prohibited importation by this Act,
and which infringe the rights of such copyright proprietors or injured parties.
SECT. 34. That all actions, suits, or proceedings arising under the copyright laws of
the United States shall be originally cognizable by the circuit courts of the United States,
the district court of any Territory, the Supreme court of the District of Columbia, the
district courts of Alaska, Hawaii, and Porto Rico, and the courts of first instance of the
Philippine Islands.
SECT. 35. That civil actions, suits, or proceedings arising under this Act may be
instituted in the district of which the defendant or his agent is an inhabitant, or in which
he may be found.
SECT. 36. That any such court or judge thereof shall have power, upon bill in equity
filed by any party aggrieved, to grant injunctions to prevent and restrain the violation of
any right secured by said laws, according to the course and principles of courts of equity,
on such terms as said court or judge may deem reasonable. Any injunction that may be
granted restraining and enjoining the doing of anything forbidden by this Act may be
served on the parties against whom such injunction may be granted anywhere in the
United States, and shall be operative throughout the United States and be enforceable
by proceedings in contempt or otherwise by any other court or judge possessing jurisdiction
of the defendants.
SECT. 37. That the clerk of the court, or judge granting the injunction, shall, when
required so to do by the court hearing the application to enforce said injunction, transmit
without delay to said court a certified copy of all the papers in said cause that are on file
in his office.
SECT. 38. That the orders, judgments, or decrees of any court mentioned in section
thirty-four of this Act arising under the copyright laws of the United States may be
reviewed on appeal or writ of error in the manner and to the extent now provided by law
for the review of cases determined in said courts, respectively.
SECT. 39. That no criminal proceeding shall be maintained under the provisions of
this Act unless the same is commenced within three years after the cause of action
3.TOSé.
## p. (#737) ################################################
( 11 )
- SECT. 40. That in all actions, suits, or proceedings under this Act, except when
brought by or against the United States or any officer thereof, full costs shall be
allowed, and the court may award to the prevailing party a reasonable attorney's
fee as part of the costs. - *
SECT. 41. That the copyright is distinct from the property in the material
object copyrighted, and the sale or conveyance, by gift or otherwise, of the material
Object shall not of itself constitute a transfer of the copyright, nor shall the assign-
ment of the copyright constitute a transfer of the title to the material object ; but
nothing in this Act shall be deemed to forbid, prevent, or restrict the transfer of
any copy of a copyrighted work the possession of which has been lawfully obtained.
SECT. 42. That copyright secured under this or previous Acts of the United
States may be assigned, granted, or mortgaged by an instrument in writing signed
by the proprietor of the copyright, or may be bequeathed by will.
SECT. 43. That every assignment of copyright executed in a foreign country
shall be acknowledged by the assignor before a consular officer or secretary of
legation of the United States authorized by law to administer oaths or perform
notarial acts. The certificate of such acknowledgement under the hand and
official seal of such consular officer or secretary of legation shall be prima facie
evidence of the execution of the instrument.
SECT. 44. That every assignment of copyright shall be recorded in the copy-
right office within three calendar months after its execution in the United States or
within six calendar months after its execution without the limits of the United States,
in default of which it shall be void as against any subsequent purchaser or mortgagee
for a valuable consideration, without notice, whose assignment has been duly recorded.
. SECT. 45. That the register of copyrights shall, upon payment of the prescribed
fee, record such assignment, and shall return it to the sender with a certificate of
record attached under seal of the copyright office, and upon the payment of the fee
prescribed by this Act he shall furnish to any person requesting the same a certified
copy thereof under the said seal.
SECT. 46. That when an assignment of the copyright in a specified book or
other work has been recorded the assignee may substitute his name for that of the
assignor in the statutory notice of copyright prescribed by this Act.
SECT. 47. That all records and other things relating to copyrights required
by law to be preserved shall be kept and preserved in the copyright office, Library
of Congress, District of Columbia, and shall be under the control of the register
of copyrights, who shall, under the direction and supervision of the Librarian of
Congress, perform all the duties relating to the registration of copyrights.
SECT. 48. That there shall be appointed by the Librarian of Congress a register
of copyrights, at a salary of four thousand dollars per annum, and one assistant
register of copyrights, at a salary of three thousand dollars per annum, who shall
have authority during the absence of the register of copyrights to attach the copy-
right office seal to all papers issued from the said office and to sign such certificates
and other papers as may be necessary. There shall also be appointed by the Librarian
such subordinate assistants to the register as may from time to time be authorized
by law. .
Full costs shall be allowed.
Copyright distinct from
property in material object.
Transfer of any copy of
copyrighted work permitted.
Copyright may be assigned,
mortgaged, or bequeathed
by will.
Assignment executed in
foreign country to be
acknowledged.
Assignments to be recorded.
Register of copyrights to
record assignments.
Assignee's name may be
substituted in copyright
notice.
Copyright records.
Tegister of copyrights and
assistant register of copy-
rights.
## p. (#738) ################################################
Register of
copyrights to
deposit and
account for
fees.
Shall make
monthly re-
port of fees.
Bond of
register of
copyrights.
Annual re-
port of
register of
CQpyrights.
Seal of copy-
right office.
Rules for the
registration of
copyrights.
Record books.
Entry of
copyright,
Certificate of
registration.
Certificate for
book to state
receipt of
affidavit.
Certificate
may be given
to any person.
Receipt for
copies de-
posited.
Index to
copyright
registrations.
SECT. 49. That the register of copyrights shall make daily deposits in some bank in
the District of Columbia, designated for this purpose by the Secretary of the Treasury as
a national depository, of all moneys received to be applied as copyright fees, and shall
make weekly deposits with the Secretary of the Treasury, in such manner as the latter
shall direct, of all copyright fees actually applied under the provisions of this Act, and
annual deposits of sums received which it has not been possible to apply as copyright fees.
or to return to the remitters, and shall also make monthly reports to the Secretary of the
Treasury and to the Librarian of Congress of the applied copyright fees for each calendar
month, together with a statement of all remittances received, trust funds on hand, moneys
refunded, and unapplied balances,
SECT, 50. That the register of copyrights shall give bond to the United States in the
sum of twenty thousand dollars, in form to be approved by the Solicitor of the Treasury
and with sureties satisfactory to the Secretary of the Treasury, for the faithful discharge
of his duties.
SECT. 51. That the register of copyrights shall make an annual report to the
Librarian of Congress, to be printed in the annual report on the Library of Congress, of
all copyright business for the previous fiscal year, including the number and kind of
works which have been deposited in the copyright office during the fiscal year, under the
provisions of this Act.
SECT, 52. That the seal provided under the Act of July eighth, eighteen hundred
and seventy, and at present used in the copyright office, shall continue to be the seal
thereof, and by it all papers issued from the copyright office requiring authentication
shall be authenticated.
SECT. 53. That, subject to the approval of the Librarian of Congress, the register of
copyrights shall be authorized to make rules and regulations for the registration of claims.
to copyright as provided by this Act.
SECT. 54. That the register of copyrights shall provide and keep such record books
in the copyright office as are required to carry out the provisions of this Act, and when-
ever deposit has been made in the copyright office of a copy of any work under the
porvisions of this Act he shall make entry thereof.
SECT. 55. That in the case of each entry the person recorded as the claimant of the
copyright shall be entitled to a certificate of registration under seal of the copyright office,
to contain his name and address, the title of the work upon which copyright is claimed,
the date of the deposit of the copies of such work, and such marks as to class designation
and entry number as shall fully identify the entry. In the case of a book the certificate
shall also state the receipt of the affidavit as provided by section sixteen of this Act, and the
date of the completion of the printing, or the date of the publication of the book, as stated
in the said affidavit. The register of copyrights shall prepare a printed form for the said
certificate, to be filled out in each case as above provided for, which certificate, sealed with
the seal of the copyright office, shall, upon payment of the prescribed fee, be given to any
person making application for the same, and the said certificate shall be admitted in any
court as primá facie evidence of the facts stated therein. In addition to such certificate
the register of copyrights shall furnish, upon request, without additional fee, a receipt for
the copies of the work deposited to complete the registration.
SECT. 56. That the register of copyrights shall fully index all copyright registrations
and assignments and shall print at periodic intervals a catalogue of the titles of articles
## p. (#739) ################################################
( . 13 )
deposited and registered for copyright, together with suitable indexes, and at stated
intervals shall print complete and indexed catalogues for each class of copyright entries,
and may thereupon, if expedient, destroy the original manuscript catalogue cards containing
the titles included in such printed volumes and representing the entries made during such
intervals. The current catalogues of copyright entries and the index volumes herein
provided for shall be admitted in any court as primá facie evidence of the facts stated
therein as regards any copyright registration.
SECT. 57. That the said printed current catalogues as they are issued shall be
promptly distributed by the copyright office to the collectors of customs of the United
States and to the postmasters of all exchange offices of receipt of foreign mails, in accor-
dance with revised lists of such collectors of customs and postmasters prepared by the
Secretary of the Treasury and the Postmaster-General, and they shall also be furnished to
all parties desiring them at a price to be determined by the register of copyrights, not
exceeding five dollars per annum for the complete catalogue of copyright entries and not
exceeding one dollar per annum for the catalogues issued during the year for any one
class of subjects. The consolidated catalogues and indexes shall also be supplied to all
persons ordering them at such prices as may be determined to be reasonable, and all
subscriptions for the catalogues shall be received by the Superintendent of Public
Documents, who shall forward the said publications; and the moneys thus received shall
be paid into the Treasury of the United States and accounted for under such laws and
Treasury regulations as shall be in force at the time.
SECT. 58. That the record books of the copyright office, together with the indexes to
such record books, and all works deposited and retained in the copyright office, shall be
open to public inspection ; and copies may be taken of the copyright entries actually
made in such record books, subject to such safeguards and regulations as shall be
prescribed by the register of copyrights and approved by the Librarian of Congress.
SECT, 59. That of the articles deposited in the copyright office under the provisions
of the copyright laws of the United States or of this Act, the Librarian of Congress shall
determine what books and other articles shall be transferred to the permanent collections
of the Library of Congress, including the law library, and what other books or articles
shall be placed in the reserve collections of the Library of Congress for sale or exchange,
or be transferred to other governmental libraries in the District of Columbia for use
therein. *
SECT. 60. That of any articles undisposed of as above provided, together with all
titles and correspondence relating thereto, the Librarian of Congress and the register of
copyrights jointly shall, at suitable intervals, determine what of these received during
any period of years it is desirable or useful to preserve in the permanent files of the
copyright office, and, after due notice as hereinafter provided, may within their discretion
cause the remaining articles and other things to be destroyed: Provided, That there
shall be printed in the Catalogue of Copyright Entries from February to November,
inclusive, a statement of the years of receipt of such articles and a notice to permit any
author, copyright proprietor, or other lawful claimant to claim and remove before the
expiration of the month of December of that year anything found which relates to any of
his productions deposited or registered for copyright within the period of years stated,
not reserved or disposed of as provided for in this Act: And provided further, That no
manuscript of an unpublished, work shall be destroyed during its term of copyright
Catalogue of
copyright.
entries.
Catalogue
cards.
Catalogues
and indexes
primâ facie
evidence.
Distribution
of catalogue
of copyright
entries.
Subscription
price.
Superin-
tendent of
documents to
receive sub-
Scriptions.
Record books,
etc., open to
inspection.
Copies may
be taken of
entries in
record books.
Disposition of
Copyright
deposits.
Preservation
of copyright
deposits.
Disposal of
copyright
deposits.
Manuscript
copies to be
preserved.
## p. (#740) ################################################
( 14 )
Fees.
Fee for registration.
Fee for certificate.
Fee for recording assign-
ment.
Fee for copy of assignment.
Fee for recording notice of
user upon mechanical
musical instruments.
Fee for comparing copy of
assignment.
Fee for recording renewal
of copyright.
Fee for recording transfer
of proprietorship.
Fee for search.
Only one registration re-
quired for work in several
volumes.
Definitions :
“Date of publication.”
“Author.”
Repealing clause.
Date of enforcement.
without specific notice to the copyright proprietor of record, permitting him to
claim and remove it.
SECT. 61. That the register of copyrights shall receive, and the persons to whom
the services designated are rendered shall pay, the following fees: For the regis-
tration of any work subject to copyright, deposited under the provisions of this
Act, one dollar, which sum is to include a certificate of registration under seal:
Provided, That in the case of photographs the fee shall be fifty cents where a
certificate is not demanded. For every additional certificate of registration made,
fifty cents. For recording and certifying any instrument of writing for the assign-
ment of copyright, or any such licence specified in section one, subsection (e), or
for any copy of such assignment or licence, duly certified, if not over three hundred
words in length, one dollar; if more than three hundred and less than one thousand
words in length, two dollars; if more than one thousand words in length, one dollar
additional for each one thousand words or fraction thereof over three hundred
Words. For recording the notice of user or acquiescence specified in section one,
subsection (e), twenty-five cents for each notice if not over fifty words, and an
additional twenty-five cents for each additional one hundred words. For comparing
any copy of an assignment with the record of such document in the copyright office
and certifying the same under seal, one dollar. For recording the extension or
renewal of copyright provided for in sections twenty-three and twenty-four of this
Act, fifty cents. For recording the transfer of the proprietorship of copyrighted
articles, ten cents for each title of a book or other article, in addition to the fee
prescribed for recording the instrument of assignment. For any requested search
of copyright office records, indexes, or deposits, fifty cents for each full hour of
time consumed in making such search : Provided, That only one registration at
one fee shall be required in the case of several volumes of the same book deposited
at the same time.
SECT. 62. That in the interpretation and construction of this Act “the date
of publication ” shall in the case of a work of which copies are reproduced for
sale or distribution be held to be the earliest date when copies of the first
authorized edition were placed on sale, sold, or publicly distributed by the proprietor
of the copyright or under his authority, and the word “author’” shall include an
employer in the case of works made for hire.
SECT. 63. That all laws or parts of laws in conflict with the provisions of this
Act are hereby repealed, but nothing in this Act shall affect causes of action for
infringement of copyright heretofore committed now pending in courts of the
United States, or which may hereafter be instituted ; but such causes shall be
prosecuted to a conclusion in the manner heretofore provided by law.
SECT. 64. That this Act shall go into effect on the first day of July, nineteen
hundred and nine.
Approved, March 4, 1909.
This Act goes into effect July 1, 1909,
BRADBURY, AGNEW, & Co. LD., PRINTERs, LonDON AND TONBRIDGE,
## p. (#741) ################################################
## p. (#742) ################################################
## p. (#743) ################################################
IMPERIAL COPYRIGHT CONFERENCE.
- - 1910.
MEMORANDUM OF THE PROCEEDINGS,
PRESENTED To BOTH HOUSES OF PARLIAMENT BY COMMAND OF HIS MAJESTY,
July, 1910,
As long ago as 1878 a Royal Commission reported that the British Copyright Law stood in
urgent need of revision and amendment. It has not hitherto been possible to give full effect to the
recommendations of the Royal Commission, owing to the difficulty of the questions involved, but a
new importance has been given to the matter by the revision of the International Copyright
Convention, carried out by the International Conference held at Berlin in October and November
1908.
The revised Convention, which was signed ad referendum by the British delegates on behalf of
His Majesty's Government, embodies certain alterations which cannot be put into force in the British
Empire without a change in the existing law. The revised Convention was examined, from the point
of view of the interests of the United Kingdom, by a strong Departmental Committee, presided over
by Lord Gorell, which reported in December, 1909, substantially in favour of the ratification of the
Convention. Before, however, any action could be taken to carry out the recommendations of the
Committee it was necessary to ascertàin the views of the other parts of the Empire.
A Conference of representatives of all the self-governing Dominions, convened as a subsidiary
Conference of the Imperial Conference, and comprising also a representative of the India Office,
accordingly met to consider in what manner the existing uniformity of law on copyright could best
be maintained and in what respects the existing law should be modified, the basis for discussion
being the revised Copyright Convention.
This Conference met on May 18, 1910, at the Foreign Office. The Right Honourable Sydney
Buxton, M.P., President of the Board of Trade, was in the chair, and was assisted by Sir H. Llewellyn
Smith, K.C.B., Permanent Secretary, Mr. G. R. Askwith, C.B., K.C., and Mr. W. Temple Franks,
representing the Board of Trade; Mr. H. W. Just, C.B., C.M.G., Secretary to the Imperial Conference,
representing the Colonial Office; Mr. A. Law, C.B., representing the Foreign Office ; Sir Thomas
Raleigh, K.C.S.I., Member of the Council of India, representing the India Office; and Mr. F. F.
Iiddell, of the Office of the Parliamentary Counsel.
The representatives of the self-governing Dominions were : the Hon. Sydney Fisher, Minister of
Agriculture, accompanied by Mr. P. E. Ritchie (Dominion of Canada); the Right Hon. Lord
Tennyson, G.C.M.G. (Commonwealth of Australia); the Hon. Sir W. Hall Jones, K.C.M.G.
(Dominion of New Zealand); the Hon. Sir Richard Solomon, K.C.B., K.C.M.G., K.C.V.O., K.C.
(Union of South Africa); and the Hon. Sir Edward Morris, K.C. (Newfoundland).
Mr. A. B. Keith, of the Colonial Office, and Mr. T. W. Phillips, of the Board of Trade, acted as
Joint Secretaries of the Conference, .
## p. (#744) ################################################
( 2 )
At the opening meeting the President, briefly outlined the reasons which had led to the
º of the Conference, and indicated the chief points to which attention should be directed,
as follows:—
“GENTLEMEN,
“The immediate reason for our meeting here is the Berlin Copyright Conference of two
years ago, in which many of the great nations took part. The outcome of the Conference was the
Revised Convention which was signed at Berlin on behalf of the British Government—signed, I
desire to say, ad referendum, with full liberty to ratify or not, or to make reservations to the
Convention, if it were subsequently thought advisable.
“The first International Copyright Convention was that of Berne in 1887, when for the first
time an attempt was made to form an International Union for the reciprocal protection of authors
among the various nations which were party to it. I take it that the fundamental basis of that
Convention was that all the nations joining the Union should reciprocally give the advantage of their
various local Copyright Acts to other members of the Union. The Berne Convention did not go very
much further than that in the direction of providing a code of International Copyright Law owing
to the great divergencies which then existed between the various local Copyright Acts. There was a
further Conference in Paris in 1896 in which some amendments were made. A considerable time
then passed, and during that interval, with the exception of the United Kingdom, where, I am sorry
to say, we have not for very many years past made any progress in copyright reform, nearly every other
nation belonging to the Union, influenced partly, we may suppose, by the Berne Convention, remodelled
its Copyright Acts, and brought them more into accord with present-day requirements and present-
day views. Some of them, in anticipation of the revision of the Convention, made reciprocal Treaties
with regard to these matters, in order to give each other the advantages which accrued from their
local legislation. In consequence, a desire sprang up on the Continent to have a further Conference
with a view to framing a revised and more complete Convention. This Conference took place in
Berlin in 1908, and was of a very representative character. Perhaps, in that connection, I may just
refer to the great loss we all feel the copyright question has sustained by the death of Sir Henry
Bergne, who was the chief British delegate at that Conference.
“The result of that Conference was the drafting of a revised Convention which it is proposed
shall supersede the various other Agreements and Conventions which are now in force. The British
delegates were authorised to sign that Convention subject to subsequent ratification, if, after
consideration by His Majesty's Government and by those representing the Dominions, it was thought
advisable to ratify, or to ratify subject to certain reservations.
“The advance which was made in the Berlin Convention was partly to provide a single document
instead of the three that previously existed, and partly to embody a number of important amendments.
The result was that, as regards the United Kingdom especially, various proposals were adopted which
are somewhat new to our laws. One of the principal alterations which is proposed in the Berlin
Convention—indeed, many of its proposals are dependent on it—is the entire abolition, in Inter-
national relations, of what are called ‘formalities,’ that is to say, that there should be no necessity
for registration or other formalities in order to obtain or retain copyright.
“The Convention dealt also with the question of the date from which copyright should run,
whether from the end of the author's life or from publication, and with the question of the period of
copyright. The proposal made was that copyright should run for life and for fifty years afterwards.
This proposal, as you know, differs to a considerable extent from our existing system of copyright.
“There are also proposals to grant a wider copyright to literary works, and to give the protection
of copyright to, for instance, music against its reproduction without payment by mechanical means.
Some of these points are new, so far as we are concerned, or are differently treated under our law.
“All these points, and others to which I need not now refer, were very carefully examined by a
strong Departmental Committee appointed by the Board of Trade and presided over by Lord Gorell.
This Committee came unanimously to the conclusion that the Berlin Convention should be ratified ;
and, further, they came to substantial agreement on very nearly every point, I think, with regard to
these various questions connected with the proposals of the Convention.
“That is the International position. With the Imperial position you are familiar ; and you are
aware of the very great difficulties which, up to now, have beset the path, and which have rendered
it difficult or impossible to deal with the reform of the Copyright Law.
“But there is another strong reason for dealing with the question. As long ago as 1878 a
Royal Commission reported that the British Copyright Law stood in urgent need of reform, but,
## p. (#745) ################################################
( 3 )
owing to the difficulties of the question—inherent, International and Imperial—scarcely anything
has been done to carry their recommendations into effect.
“The Berlin Convention has shown further defects, and the examination by the Gorell Committee
has further proved that the question is of great importance and of great urgency. Indeed, I feel
sure that anyone who has studied the question of copyright must admit that the time has fully come
when, quite apart from any question of the Berlin Convention, or the Imperial aspect of the question,
the question of copyright really ought to be dealt with afresh.
“When I came to examine the copyright question in view of this Conference, I found, as I think
everybody who has had to deal with it has found, that it abounds in questions of the utmost com-
plexity. I think it was the Commission of 1878 who reported that ‘the law ' (that is, the Copyright
Law) “is wholly destitute of any sort of arrangement, incomplete, often obscure, and even when it is
intelligible upon long study, it is in many parts so ill-expressed that no one who does not give such
study to it can expect to understand it’; and they go on to make other observations of the same sort
with regard to our Copyright Law, and urge strongly that it requires amendment, simplification and
codification, and should be placed on a systematic and uniform basis.
“It is clear from what I have said that adherence to the Berlin Convention would involve in some
respects a considerable departure from our copyright system and our Copyright Acts here, and would
involve, therefore, an Act of Parliament. That being so, it became necessary for His Majesty's
Government to consider what should be their attitude in reference to the Berlin Convention, and they
recognised, of course, as they have always done with regard to these copyright matters, that it was an
Imperial as well as a United Kingdom question, and that it was necessary, therefore, to take into
consultation those representing the Self-governing Dominions over the seas. That is the reason, as
you are aware, why delegates representative of the self-governing Dominions, of the Dependency of
India, and of the Home Government are met this morning.
“In regard to the general position, His Majesty's Government have come to the conclusion, in
the first place, that it is of the highest importance, both from the point of view of efficiency and from
the point of view of the Imperial connection, to obtain uniformity of legislation as regards copyright
throughout the British Empire. That is the first proposition they desire to place before the
Conference.
“In the second place, they consider it highly important to attain as great a degree of uniformity
as is reasonably practicable among the principal nations of the world with regard to International
copyright. Taking those two points together, they consider it desirable, therefore, to ratify the
Berlin Convention, if this course is practicable without any undue sacrifice of any important British
interests.
“In examining this matter we shall, of course, have to consider the details on their merits and
what they involve. His Majesty's Government are of opinion that it is important that, if we ratify
the Berlin Convention at all, we should ratify with as few alterations and reservations as possible. I
desire, however, to say with regard to the detailed provisions of the Convention that we are not com-
mitted in any sense to their terms, and that they will be fully open to discussion by the Conference,
in order to see how far they may be applicable to us here or to the Dominions, and how far we may
wish to modify them or to reserve points in connection with them.”
The Conference then resolved itself into Committee for the discussion of the subject in detail.
Seven meetings were held, and after full discussion the following Resolutions were agreed to :—
RATIFICATION OF REVISED CONVENTION.
1. “The Conference, having considered in substance the revised Copyright Convention, recom-
mends that the Convention should be ratified by the Imperial Government on behalf of the various
parts of the Empire; and that with a view to uniformity of International Copyright any reservations
made should be confined to as few points as possible. No ratification should, however, be made on
behalf of a self-governing Dominion until its assent to ratification has been received ; and provision
should be made for the separate withdrawal of each self-governing Dominion.
IMPERIAL COPYRIGHT LAW.
2.--(a) “The Conference recognises the urgent need of a new and uniform Law of Copyright
throughout the Empire, and recommends that an Act dealing with all the essentials of Imperial Copy-
right Law should be passed by the Imperial Parliament, and that this Act, except such of its provisions
## p. (#746) ################################################
( 4 )
as are expressly restricted to the United Kingdom, should be expressed to extend to all the British
possessions: Provided that the Act shall not extend to a self-governing Dominion unless declared by
the Legislature of that Dominion to be in force therein, either without any modifications or additions,
or with such modifications and additions relating exclusively to procedure and remedies as may be
enacted by such Legislature. s
(b) “Any self-governing Dominion which adopts the new Act should be at liberty subsequently
to withdraw from the Act, and for that purpose to repeal it so far as it is operative in that Dominion,
subject always to treaty obligations and respect for existing rights.
(c) “Where a self-governing Dominion has passed legislation substantially identical with the new
Imperial Act, except for the omission of any provisions which are expressly restricted to the United
Ringdom, or for such modifications as are verbal only, or are necessary to adapt the Act to the circum-
stances of the Dominion, or relate exclusively to procedure or remedies or to works first published
within or the authors whereof are resident in the Dominion, the Dominion should, for the purposes
of the rights conferred by the Act, be treated as if it were a Dominion to which the Act extends.
(d) “A self-governing Dominion which neither adopts the Imperial Act nor passes substantially
identical legislation, should not enjoy in other parts of the Empire any rights except such as may be
conferred by Order in Council, or, within a self-governing Dominion, by Order of the Governor in
Council.
(e) “The Legislature of any British Possession (whether a self-governing Dominion or not) to
which the new Imperial Act extends, should have power to modify or add to any of its provisions in
its application to the Possession ; but, except so far as such modifications and additions relate to pro-
cedure and remedies, they should apply only to works the authors whereof are resident in the Possession
and to works first published therein.
REPEAL OF EXISTING COPYRIGHT ACTS.
3. “The Conference is of opinion that as from the date on which the new Imperial Act takes
effect, the existing Imperial Copyright Acts should be repealed so far as regards the parts of the
Empire to which the new Act extends. In any self-governing Dominion to which the new Imperial
Act does not extend the existing Imperial Acts should, so far as they are operative in that Dominion,
continue in force until repealed by the Legislature of that Dominion.
INTERNATIONAL COPYRIGHT.
4.—(a) “The Conference is of opinion that, saye in so far as it may be extended by Orders in
Council, copyright under the new Imperial Act should subsist only in works of which the author is a
British subject, or is boná, fide resident in one of the parts of the British Empire to which the Act
extends; and that copyright should cease if the work be first published elsewhere than in such parts
of the Empire.
(b) “The Conference is of opinion that, if possible, it should be made clear on ratification that
the obligations imposed by the Convention on the British Empire should relate solely to works the
authors of which are subjects or citizens of a country of the Union, or bomá fide resident therein; and
that in any case it is essential that the above reservation should be made in regard to any self-governing
T}ominion which so desires.
5. “His Majesty should have power to direct by Order in Council that the benefits of the new
Imperial Act, or any part thereof, shall be granted, with or without conditions, to the works of authors,
being subjects or citizens of, or residents in a foreign country, and to works first published in that
country, conditionally on the foreign country in question making proper provision for the protection
of British subjects entitled to copyright ; provided that Orders granting the benefits of the Act to a
foreign country within any self-governing Dominion should be made by the Governor in Council of
that Dominion. w
DEFINITION OF COPYRIGHT.
6. “The Conference is of opinion that, subject to proper qualifications, copyright should
include the sole right to produce or reproduce a work, or any substantial part thereof, in any material
form whatsoever and in any language, to perform, or in the case of a lecture to deliver, the Work or
any substantial part thereof in public, and, if the work is unpublished, to publish the work, and
should include the sole right to dramatise novels and vice versá, and to make records, &c., by means
of which a work may be mechanically performed.
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( 5 )
TERM OF COPYRIGHT.
7.—(a) “The Conference is of opinion that, in order to dispense with formalities as a condition
of copyright, and to ensure that the whole of an author's works fall into the public domain simul-
taneously, the term of copyright ought to be based on the life of the author with the addition of a
certain number of years,
(b) “The Conference understands that it would be impossible to obtain International uniformity
on the basis of any other term of copyright than one of life and fifty years, and attaches great
importance to the attainment of such uniformity. -
(c) “The Conference further understands that the enactment of a term of copyright which in
many cases would be less than that which at present subsists would introduce grave complications in
applying the new Act to existing works.
(d) “Having regard to these considerations, and especially to the importance of securing
International uniformity, the Conference is of opinion that, subject to the conditions hereafter
indicated, the term of copyright should be life and fifty years ; but that in the case of a work of
joint authorship the term of copyright should be the life of the author who first dies and fifty years
after his death, or the life of the author who dies last, whichever period is the longer.
(e) “The Conference is of opinion that, if a term of life and fifty years is granted to literary,
dramatic, musical and aristic works, it is essential that, in the case of published works, effective
provision should be made to secure that after the death of the author the reasonable requirements of
the public be met as regards the supply and the terms of publication of the work, and permission to
perform it in public. The recommendation of the Conference as to the term of copyright is
conditional on the enactment of some provision of this nature.
ABOLITION OF FORMALITIES.
8. “The Conference is of opinion that no formalities, such as registration, should be imposed
as a condition of the existence or the exercise of the rights granted by the new Act.
“For the purpose, however, of the protection of an innocent infringer no damages should be
recoverable if the infringer proves that he was not aware, and had no reasonable means of making
himself aware, that copyright subsisted in the work; but every person would be deemed to be
effected with notice of the existence of copyright if the proper particulars have been entered in a
register established for the purpose. Registration, however, should be optional merely. -
INCLUSION OF ARCHITECTURE AND ARTISTIC CRAFTs.
9. “The Conference is of opinion that an original Work of art should not lose the protection of
artistic copyright solely because it consists of, or is embodied in, a work of architecture or craftsman-
ship ; but that it should be clearly understood that such protection is confined to its artistic form
and does not extend to the processes or methods of production, or to an industrial design capable of
registration under the law relating to designs and destined to be multiplied by way of manufacture
or trade.
APPLICATION TO ExISTING WORKS.
10. “The Conference is of opinion that existing works in which copyright actually subsists at
the commencement of the Act (but no others) should enjoy, subject to existing rights, the same
protection as future works, but the benefit of any extension of terms should belong to the author of
the work, subject, in the case where he has assigned his existing rights, to a power on the part of the
assignee at his option either to purchase the full benefit of the copyright during the extended term or,
without acquiring the full copyright, to continue to publish the work on payment of royalties, the
payments in either case to be fixed by arbitration if necessary.
MISCELLANEOUS.
11. “The Conference is of opinion that provision should be made to stop the importation of
pirated copies of a copyright work into any part of His Majesty's Dominions to which the Imperial
Act extends.
## p. (#748) ################################################
( 6 )
“The Conference is further of opinion that it is not desirable to continue the special provisions
of the Foreign Reprints Act, at least so far as regards self-governing Dominions. 4.
12. “The Conference is of opinion that it is undesirable expressly to confer rights on the
authors of works which themselves infringe the copyright in other works, and that if necessary a
reservation to this effect should be made when the revised Convention is ratified.” -
A draft Bill for the consolidation and amendment of the Law of Copyright embodying the above
conclusions was submitted to the Conference, and generally approved, after discussion in detail.
## p. (#749) ################################################
COPYRIGHT BILL.
ARRANGEMENT OF CLAUSES.
PART I.
IMPERIAL COPYRIGHT.
Clause. Rights.
1.
2.
3.
i
12.
13.
14.
i5.
- 16.
25.
26.
27.
28.
Copyright.
Term of copyright.
Ownership of copyright, &c.
Civil Remedies.
. Rights of owner against persons possessing or dealing with pirated copies, &c.
. Infringement by sale, &c.
Exemption of innocent infringer from liability to pay damages, &c.
Remedies in the case of architecture.
. Limitation of actions.
Summary Remedies.
. Penalties for dealing with pirated copies, &c.
10.
. Power to seize copies of works on hawkers.
Search warrant and hawking of pirated copies of works.
Power to arrest without warrant persons selling, &c., pirated copies of works.
Appeals to quarter sessions.
Extent of provisions as to summary remedies.
Importalion of Copies.
Importation of copies.
Delivery of Books to Libraries.
Delivery of copies to British Museum and other libraries.
Registration.
. Registration.
Special Provisions as to certain Works.
. Posthumous works.
. Works of joint authors.
. Collective works.
. Provisions as to newspapers.
. Provisions as to photographs.
. Provisions as to designs registrable under 7 Edw.7, c. 29.
. Existing works.
Application to British Possessions.
Application of Act to British Dominions.
Legislative powers of self-governing Dominions.
Power of Legislatures of British possessions to pass supplemental legislation.
Application to protectorates.
## p. (#750) ################################################
( 8 )
Copyright.
PART II.
INTERNATIONAL COPYRIGHT.
Clause.
29. Power to extend Act to foreign works.
30. Evidence of foreign copyright.
31. Application of Part II. to British possessions.
PART III.
SUPPLEMENTAL PROVISIONS.
32. Abrogation of common law rights.
33. Provisions as to Orders in Council.
34. Saving of university copyright.
35. Saving of compensation to certain libraries.
36. Interpretation.
37. Repeal.
38. Short title and commencement.
SCHEDULES.
A BILL TO AMEND AND CONSOLIDATE THE LAW RELATING
TO COPYRIGHT. A.D. 1910. -
BE it enacted by the King's most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows:–
PART I.
IMPERIAL COPYRIGHT.
Rights,
1.—(1) Subject to the provisions of this Act, copyright shall subsist throughout the
parts of His Majesty's dominions to which this Act extends for the term hereinafter
mentioned in every original literary, dramatic, musical and artistic work the author
whereof was at the date of the making of the work a British subject, or a resident within
such parts of His Majesty's dominions as aforesaid:
Provided that if any work in which copyright subsists is first published elsewhere than
in the parts of His Majesty's dominions to which this Act extends, then, except as other-
wise provided by this Act, the copyright in the work shall cease on such publication.
(2) For the purposes of this Act “copyright " means the sole right to produce or
reproduce the work or any substantial part thereof in any material form whatsoever and in
any language ; to perform, or in the case of a lecture to deliver, the work or any sub-
stantial part thereof in public ; if the work is unpublished, to publish the work; and
shall include the sole right,
(a) in the case of a dramatic work, to convert it into a novel or other non-dramatic
work;
(b) in the case of a novel or other non-dramatic work, to convert it into a dramatic
work, either by way of multiplication of copies or by way of performance in
public ;
(c) in the case of a literary, dramatic, or musical work, to make any record, perforated
roll, or other contrivance by means of which the work may be mechanically
performed,
and to authorise any such acts as aforesaid :
## p. (#751) ################################################
( 9 )
Provided that—
(i) copyright shall not be infringed by making for private use an abridgment or
a translation of a literary or dramatic work, or an adaptation, transposition,
arrangement or setting of a musical work, or studies or sketches from an
artistic work, or by making fair extracts from or otherwise fairly dealing with
the contents of any such work for the purposes of criticism or review ;
(ii) nothing in this Act shall prevent the author of an artistic work who is not the
owner of the copyright therein from using any mould, cast, sketches, or studies
made by him for the purpose of the work, provided that he does not thereby
repeat or imitate the main design of the work;
(iii) copyright in a work of sculpture or artistic craftsmanship, if situate in a public
place or building, and copyright in an architectural work of art, shall not be
infringed by making paintings, drawings, engravings, or photographs thereof;
(iv) copyright in a lecture delivered in public shall not be infringed by a report of
º lecture in a newspaper unless the report is prohibited by notice given
Clther’—
(a) orally, at the beginning of the lecture, or, if the lecture is one of a
series of lectures given by the same lecturer on the same subject at the same
place, at the beginning of the first lecture of the series; or
(b) by a written or printed notice affixed, before the lecture, or the first
lecture of the series, is given, on the entrance doors of the building in which
the lecture or series of lectures is given, or in a conspicuous place near
the lecturer, in letters not less than an inch in height.
2.—(1) Subject to the provisions of this Act the term for which copyright shall Term of copy-
subsist shall be the life of the author and a period of fifty years after his death : right.
Provided that if at any time after the death of the author of a work which has been
published or performed in public a petition is presented by any person interested to the
Comptroller-General of Patents, Designs, and Trade Marks alleging that, by reason of the
withholding of the work from the public or of the price charged for copies of the work or
for the right to perform the work in public, the reasonable requirements of the public with
respect to the Work are not satisfied, and praying for the grant of a licence to reproduce
the work or perform the work in public, the Comptroller shall consider the petition, and
if, after inquiry, he is satisfied that the allegations contained therein are correct may grant
to the petitioner a licence to reproduce or perform the work in public on such terms as
respects price and payment of royalties to the owner of the copyright in the work, and
otherwise, as he may think fit.
2) Any decision of the Comptroller under this section shall be subject to appeal to a
judge of the High Court, and the decision of that judge shall be final.
(3) A licence granted by the Comptroller under this section shall not apply to any
Self-governing dominion, but the provisions of this Act with respect to the grant of
licences shall apply to every self-governing dominion to which this Act extends, subject to
such necessary modifications as the Legislature of that dominion may determine.
3.—(1) Subject to the provisions of this Act, the first owner of the copyright in any Ownership of
work shall be the author of the work : Copyright, &c.
Provided that—
(a) where the work was ordered by some other person and was made for valuable
consideration in pursuance of that order, then, in the absence of any agree-
ment in writing to the contrary, the person by whom the work was ordered
shall be the first owner of the copyright, unless the work is an architectural
work of art, or is an artistic work intended for a public place or building, in
which case the author shall be the first owner of the copyright, but shall not
be entitled to make, or authorise the making of, reproductions of the work
except with the consent of that other person, and that other person shall be
entitled to the same remedies in respect of the infringement of the copyright
in the work, as if he were the owner of the copyright ; and
(b) where the author was in the employment of some other person and the work
was made in the course of his employment by that person, the first owner of
## p. (#752) ################################################
( 10 )
the copyright shall, in the absence of any agreement to the contrary, be the
person by whom the author was employed.
(2) The transfer on sale or otherwise of an artistic work, other than an engraving or
photograph, by the owner of the copyright therein shall, in the absence of an express
agreement to the contrary, be deemed to transfer the copyright in the work in any case
where the transferor is not the author of the work.
(3) The owner of the copyright in any work may assign the right either wholly or
partially, and either generally or subject to limitations to any particular country or place,
and either for the whole term of the copyright or any part thereof, and may grant any
interest in the right by licence, but subject to the foregoing provisions of this section as
to the effect of the transfers of certain works, any such assignment or grant shall not be
valid unless it is in writing signed by the owner of the right in respect of which the
assignment or grant is made, or by his duly authorised agent.
Civil Remedies.
Rights of 4. In addition to any remedies otherwise conferred by law, the owner of the copyright
owner against in any work shall have the same remedies against a person having in his possession for
P.P.9° sale or dealing with any pirated copies of the work, or any plate used or intended to be
sessing or g º * - e g *
...ith used for the production of pirated copies of the work, as if the copies or plate were his
pirated copies, property, and accordingly may take proceedings for the recovery of the possession thereof
&c. or in respect of the conversion thereof.
Infringement 5. Copyright in a work shall be deemed to be infringed by any person who sells or
by sale, & lets for hire, or exposes, offers, or has in his possession for sale or hire, or distributes or
exhibits in public, or imports for sale or hire into any part of His Majesty's dominions to
which this Act extends any work which to his knowledge infringes copyright or would
infringe copyright if it had been made within such parts of His Majesty's dominions as
aforesaid.
Exemption of 6. Where proceedings are taken in respect of the infringement of the copyright in
innocent any work and the defendant in his defence alleges that he was not aware of the existence
iºn of the copyright in the work, the plaintiff shall not be entitled to any remedy other than
iability to g & ... --> º * , gº :-- ſ--> * f :
ºnages, an injunction or interdict in respect of the infringement if the defendant proves that at
&c. the date of the infringement he was not aware and had not reasonable means of making
himself aware that copyright subsisted in the work :
Provided that if the proper particulars were before the date of the infringement
correctly entered in a register established under this Act, or, in the case of a work first
published in, or the author whereof was a resident in, a British possession under the law
of which a register has been established within that possession, if similar particulars have
been correctly entered in that register, the defendant shall be deemed to have had means
of making himself aware that copyright subsisted in the work.
Remedies in 7.—(1) Where the copyright in any work is infringed by the construction of a
the case of building or other structure, the owner of the copyright shall not be entitled to obtain an
architecture injunction or interdict to restrain the construction of such other building or structure or
to order its demolition when constructed.
(2) Such of the other provisions of this Act as confer on the owner of the copyright
in any work the same remedies against a person having in his possession for sale or
dealing with a pirated copy of the work as if it were his property, or as impose summary
penalties, shall not apply in any case to which this section applies.
Limitation of 8. An action in respect of infringement of copyright shall not be commenced after
actions. the expiration of twelve months next after the infringement.
Summary Remedies.
Penalties for 9.—(1) If any person commits any of the following offences— &
dealing with (a) makes for sale any pirated copy of a work in which copyright subsists , or , .
pºteacopies (b) sells or lets for hire, or exposes, offers, or has in his possession for sale or hire
any pirated copy of any such work ; or
## p. (#753) ################################################
( 11 )
(e) distributes or exhibits in public any pirated copy of any such work ; or
(d) imports into the United Kingdom any pirated copy of any such work :
he shall, unless he proves that he acted innocently, be guilty of an offence under this Act
and be liable on summary conviction to a fine not exceeding forty shillings for every copy
dealt with in contravention of this section, but not exceeding fifty pounds in respect of
the same transaction :
Provided that a person convicted of an offence under paragraph (b) of this subsection
who has not been previously convicted of any such offence, and who proves that the
copies of the work in respect of which the offence was committed had printed or marked
thereon in some conspicuous place, a name and address purporting to be that of the
printer or publisher, shall not be liable to any penalty under this section unless it is
proved that the copies were to his knowledge pirated copies.
(2) If any person makes or has in his possession any plate for the purpose of making
pirated copies of any work in which copyright subsists, he shall, unless he proves that he
acted innocently, be guilty of an offence under this Act, and be liable on summary
conviction to a fine not exceeding fifty pounds.
(3) The court before which any such proceedings are taken may in addition order
that all copies of the work or all plates in the possession of the offender, which appear to
it to be pirated copies or plates for the purpose of making pirated copies, be destroyed
or delivered up to the owner of the copyright.
10. A court of summary jurisdiction upon the application of the apparent owner Search war-
of the copyright in any work may act as follows:– rant and
(a) if satisfied by evidence that there is reasonable ground for believing that pirated º of
copies of the work are being hawked, carried about, sold, or offered for sale, ºple
may by Order authorise a constable to seize the copies without warrant and to
bring them before the court, and, on proof that the copies are pirated, may
order that they be destroyed or delivered up to the owner of the copyright ;
(b) if satisfied by information on oath that there is reasonable ground for believing
that an offence under this Act is being committed on any premises, may grant
a search warrant authorising the constable named therein to enter the premises
between the hours of six of the clock in the morning and nine of the clock in
the evening (and, if necessary, to use force in making such entry, whether by
breaking open doors or otherwise) and to seize any copies of any work or any
plates in respect of which he has reasonable ground for suspecting that an
offence under this Act is being committed, and may, on proof that the copies or
plates brought before the court in pursuance of the warrant are pirated copies
or plates intended to be used for the purpose of making pirated copies, order
that they be destroyed or delivered up to the owner of the copyright.
11.-(1) A constable may, without warrant, on the request in writing of the Power to seize
apparent owner of the copyright in a work, or of his agent thereto authorised in writing, . *
and at the risk of that owner, seize any pirated copy of the work which is being hawked, ...
carried about, sold, or offered for sale. -
(2) Every copy so seized shall be conveyed by the constable before a court of
summary jurisdiction, and, on proof that it is a pirated copy, shall be destroyed or
delivered up to the owner of the copyright.
12.-(1) Any constable may take into custody without warrant any person who in Power to
any street or public place sells or exposes, offers, or has in his possession for sale any lºst Witº"
pirated copies of any such work as may be specified in any general written authority lº
addressed to the chief officer of police, and signed by the apparent owner of the copyright ºpiº
in such work or his agent thereto authorised in writing, requesting the arrest, at the copies of
risk of such owner, of all persons found committing offences under this Act in respect to Works.
such work, or who offers for sale any pirated copies of any such specified work by personal
canvass or by personally delivering advertisements or circulars.
(2) A copy of every written authority addressed to a chief officer of police under
this section shall be open to inspection at all reasonable hours by any person without
payment of any fee, and any person may take copies of or make extracts from any such
authority.
## p. (#754) ################################################
( 12 )
53 & 54 Vict.
c. 45.
53 & 54 Vict.
C. 67.
Appeals to
quarter
sessions.
Extent of
provisions as
to Summary
remedies.
Importation
of copies.
Delivery of
copies to
British
Museum and
Other
libraries.
(3) For the purposes of this section the expression “chief officer of police"—
(a) with respect to the City of London, means the Commissioner of City Police ;
(b) elsewhere in England has the same meaning as in the Police Act, 1890 :
(c) in Scotland has the same meaning as in the Police (Scotland) Act, 1890;
(d) in the police district of Dublin metropolis means either of the Commissioners
of Police for the said district ;
(e) elsewhere in Ireland means the District Inspector of the Royal Irish
Constabulary.
13. Any person aggrieved by a summary conviction in England or Ireland of an
offence under the foregoing provisions of this Act may appeal to a court of quarter
SéSSIOI].S. -
14. The provisions of this Act with respect to summary remedies shall extend only
to the United Kingdom.
Importation of Copies.
15.-(1) Copies made out of the United Kingdom of any work in which copyright
subsists as to which the owner of the copyright gives notice in writing by himself or his
agent to the Commissioners of Customs and Excise, that he is desirous that such copies
should not be imported into the United Kingdom, shall not be so imported, and shall,
subject to the provisions of this section, be deemed to be included in the table of
prohibitions and restrictions contained in section forty-two of the Customs Consolidation
Act, 1876, and that section shall apply accordingly. *
(2) Before detaining any such copies or taking any further proceedings with a view
to the forfeiture thereof under the law relating to the Customs, the Commissioners of
Customs and Excise may require the regulations under this section, whether as to informa-
tion, conditions, or other matters, to be complied with, and may satisfy themselves in
accordance with those regulations that the copies are such as are prohibited by this section
to be imported.
(3) The Commissioners of Customs and Excise may make regulations, either general
or special, respecting the detention and forfeiture of copies the importation of which is
prohibited by this section, and the conditions, if any, to be fulfilled before such detention
and forfeiture, and may by such regulations determine the information, notices, and
security to be given, and the evidence requisite for any of the purposes of this section, and
the mode of verification of such evidence.
(4) The regulations may apply to copies of all works the importation of which is
prohibited by this section, or different regulations may be made respecting different classes
of such works.
(5) The regulations may provide for the informant reimbursing the Commissioners
of Customs and Excise all expenses and damages incurred in respect of any detention
made on his information, and of any proceedings consequent on such detention.
(6) The foregoing provisions of this section shall have effect as if they were part of
the Customs Consolidation Act, 1876.
(7) This section shall, with the necessary modifications, apply to the importation into
a British possession to which this Act extends of copies of works made out of that
possession.
Delivery of Books to Libraries.
16.-(1) The publisher of every book published in the United Kingdom shall within
one month after the publication deliver, at his own expense, a copy of the book to the
trustees of the British Museum, who shall give a written receipt for it.
(2) He shall also, after written demand if made within three months after publication,
deliver within one month after receipt of that written demand to some depôt in London
named in the demand a copy of the book for, or in accordance with the directions of, the
authority having the control of each of the following libraries, namely: the Bodleian
Library, Oxford, the University Library, Cambridge, the Library of the Faculty of
Advocates at Edinburgh, and the Library of Trinity College, Dublin.
(3) The copy delivered to the trustees of the British Museum shall be a copy of the
whole book with all maps and illustrations belonging thereto, finished and coloured in the
## p. (#755) ################################################
( 13 )
same manner as the best copies of the book are published, and shall be bound, sewed, or
Stitched together, and on the best paper on which the book is printed.
(4) The copy delivered for the other authorities mentioned in this section shall be on
the paper on which the largest number of copies of the book is printed for sale, and shall
be in the like condition as the books prepared for sale.
(5) If a publisher fails to comply with this section, he shall be liable on summary
conviction to a fine not exceeding five pounds and the value of the book, and the fine shall
be paid to the trustees or authority to whom the book ought to have been delivered.
(6) For the purposes of this section the expression “book” includes every part or
division of a book, pamphlet, sheet of letter-press, sheet of music, map, plan, chart or table
relative to geography, topography, or science.
Registration.
17.--(1) There shall be kept in the Hall of the Stationers' Company by an officer Registration.
(hereinafter called the registrar) to be appointed by the Stationers' Company subject to
the approval of the Board of Trade such one or more registers as may be prescribed, in
which shall be entered the names or titles of works and the names of authors, and such
other particulars as may be prescribed.
(2) The author or publisher of, or the owner of or other person interested in the copy-
right in, any work may at any time cause the particulars respecting the work to be entered
in the register, but it shall not be obligatory on him to do so.
(3) In the case of an encyclopædia, newspaper, review, magazine, or other periodical
Work or work published in a series of books or parts, it shall not be necessary to make a
º entry for each number or part, but a single entry for the whole work shall
Sll IIICe.
(4) There shall also be kept in the Hall of the Stationers' Company by the registrar
such indexes of the registers established under this section as may be prescribed.
5) The registers and indexes established under this section shall be in the prescribed
form, and shall at all reasonable times be open to inspection, and any person shall be
entitled to take copies of or make extracts from any such register, and the registrar
shall, if so required, give a copy of any entry in any such register certified by him to be a
true copy, and any such certificate shall be prima facie evidence of the matters thereby
certified.
(6) There shall be charged in respect of entries in registers, the inspection of registers,
taking copies of or making extracts from registers, and certificates by the registrar under
this section, such fees as may be prescribed.
(7) The Stationers' Company shall annually render to the Board of Trade such
accounts of their receipts and expenditure under this section as may be prescribed.
(8) The Board of Trade may make regulations prescribing any matters which under
this section are to be prescribed, and generally for carrying this section into effect, and
any such regulations may require that, in the case of an artistic work desired to be
registered, there shall be furnished a representation of the work sufficient for the
identification thereof.
Special Provisions as to certain Works.
18. In the case of a literary, dramatic, or musical work or engraving not published, Posthumous
nor, in the case of a dramatic or musical work, performed in public, nor, in the case of a Works.
lecture, delivered in public, in the lifetime of the author, copyright shall, subject to the
provisions of this Act as to first publication elsewhere than in the parts of His Majesty's
dominions to which this Act extends, subsist till publication, or performance or delivery
in public, whichever may first happen, and for a term of fifty years thereafter.
19.-(1) In the case of a work of joint authorship copyright shall subsist during the Works of
life of the author who first dies and for a term of fifty years after his death, or during the joint authors.
life of the author who dies last, whichever period is the longer.
(2) Where in the case of a work of joint authorship some one or more of the joint
authors do not satisfy the conditions conferring copyright laid down by this Act, the Work
## p. (#756) ################################################
( 14 )
Collective
works.
Provisions as
to newS-
papers.
Provisions as
to photo-
graphs.
Provisions as
to designs
registrable
under
7 Edw. 7,
c. 29.
Existing
works.
shall be treated for the purposes of this Act as if the other author or authors had been the
Sole author or authors thereof.
. 20. Where the work of an author is first published as an article or other contribution
in a collective work (that is to say):—
(a) an encyclopædia, dictionary, year book, or similar work ;
(b) a newspaper, review, magazine, or other similar periodical :
(c) a work written in distinct parts by different authors;
and the proprietor of the collective work is not by virtue of this Act or any assignment
thereunder the owner of the copyright in the article or contribution, then, subject to any
agreement to the contrary, the owner of the copyright in each article or contribution shall
retain his copyright therein, but the proprietor of the collective work shall at all times
have the right of reproducing and authorising the reproduction of the work as a whole, and
for a period of fifty years from the date of first publication of the collective work shall
have the sole right of reproducing and authorising the reproduction of the work as a
Whole, and shall be entitled to the same remedies in respect of the infringement of the
copyright in any part of the work as if he were the owner of the copyright. -
21. Notwithstanding anything in this Act, an article, not being a tale or serial story,
first published in a newspaper, may be reproduced in another newspaper if notice expressly
forbidding reproduction is not published in some conspicuous part of the newspaper in
which it is so first published, and if the source from which it is taken is acknowledged in
Such other newspaper.
22. The person who superintends and directs the taking of a photograph shall for
the purposes of this Act be deemed to be the author of the photograph.
23.−(1) This Act shall not apply to designs capable of being registered under the
Patents and Designs Act, 1907, except designs which, though capable of being so
registered, are not used or intended to be used as models or patterns to be multiplied by
any industrial process.
(2) General rules under section eighty-six of the Patents and Designs Act, 1907, may
be made for determining the conditions under which a design shall be deemed to be used
for such purposes as aforesaid.
24.—(1) Where any person is immediately before the commencement of this Act
entitled to any right in any work specified in the first column of the First Schedule to this
Act, or to any interest in such a right, he shall as from that date be entitled to the
Corresponding right set forth in the second column of that Schedule, or to the same interest
in such a corresponding right, and to no other right or interest, and such corresponding
right shall subsist for the term for which it would have subsisted if this Act had been in
force at the date when the work was made, and the work had been one entitled to copyright
thereunder :
Provided that—
(a) if the author of any work in which any right specified in the first column of
the First Schedule to this Act subsists at the commencement of this Act has
before that date assigned the right or granted any interest therein for the
whole term of the right, then at the date when but for the passing of this
Act the right would have expired the corresponding right conferred by this
section shall, in the absence of express agreement, pass to the author of the
work, and any interest therein created before the commencement of this Act
and then subsisting shall determine ; but the person who immediately before
the date at which the right would so have expired was the owner of the right
or interest shall be entitled at his option (to be signified in writing not more
than one year nor less than six months before the last-mentioned date)
either—
(i) to an assignment of the right or the grant of a similar interest
therein for the remainder of the term of the right for such consideration
as, failing agreement, may be determined by arbitration ; or
(ii) without any such assignment or grant, to continue to reproduce or
perform the work in like manner as theretofore on the payment of such
## p. (#757) ################################################
( 15 )
royalties to the author as, failing agreement, may be determined by
arbitration :
(b) nothing in this section shall affect anything done before the commencement of
this Act :
(c) where any person has, before the twenty-sixth day of July nineteen hundred
and ten, taken any action or incurred any expenditure for the purpose of or
with a view to the reproduction or performance of a work at a time when
such reproduction or performance would, but for the passing of this Act,
have been lawful, nothing in this section shall diminish or prejudice any
rights or interest arising from or in connexion with such action or expenditure
which are subsisting and valuable at the said date, unless the person who by
virtue of this section becomes entitled to restrain such reproduction or
performance agrees to pay such compensation as, failing agreement, may be
determined by arbitration :
(d) the sole right of making and authorising the making of records, perforated
rolls, or other contrivances by means of which literary, dramatic, or musical
works may be mechanically performed shall not be enjoyed by the owner of
the copyright in any literary, dramatic, or musical work for the mechanical
performance of which any such contrivances have been lawfully made within
the parts of His Majesty's dominions to which this Act extends by any person
before the twenty-sixth day of July nineteen hundred and ten.
(2) Subject to the provisions of this Act as to copyright under the Copyright Act,
1775, copyright shall not subsist in any work made before the commencement of this
Act, otherwise than under and in accordance with the provisions of this section.
Application to British Possessions.
25.-(1) This Act, except such of the provisions thereof as are expressly restricted Application
to the United Kingdom, shall extend throughout His Majesty's dominions: Provided ºf Act to
that it shall not extend to a self-governing Dominion, unless declared by the Legislature *.
of that Dominion to be in force therein either without any modifications or additions, or “”
with such modifications and additions relating exclusively to procedure and remedies or
..necessary to adapt this Act to the circumstances of the Dominion as may be enacted by
such Legislature.
(2) If the Secretary of State certifies by notice published in the London Gazette
that any self-governing Dominion has passed legislation substantially identical with this
Act, except for the omission of any provisions which are expressly restricted to the
United Kingdom, or for such modifications as are verbal only, or are necessary to adapt
the Act to the circumstances of the Dominion, or relate exclusively to procedure or
remedies or to works first published within or the authors whereof are residents in the
Dominion, then whilst such legislation continues in force, the Dominion shall for the
purposes of the rights conferred by this Act be treated as if it were a Dominion to which
this Act extends.
26.—(1) The Legislature of any self-governing Dominion may at any time repeal Legislative
all or any of the enactments relating to copyright passed by Parliament (including this powers of self-
Act) so far as they are operative within that Dominion : Provided that no such repeal .
shall prejudicially affect any legal rights existing at the time of the repeal. e
(2) In any self-governing Dominion to which this Act does not extend, the
enactments repealed by this Act shall, so far as they are operative in that Dominion,
continue in force until repealed by the Legislature of that Dominion.
(3) Where His Majesty in Council is satisfied that the law of a self-governing
Dominion to which this Act does not extend, and which has not passed legislation
substantially identical with this Act, provides adequate protection within the Dominion
for the works of authors who at the time of the making of the work were British
subjects resident elsewhere than in that Dominion, or who, not being British subjects,
were at such time residents within the parts of His Majesty's dominions to which this
Act extends, His Majesty, may, by Order in Council, direct that this Act, except such
parts (if any) thereof as may be specified in the Order, and subject to any conditions
## p. (#758) ################################################
( 16 )
contained therein, shall, within the parts of His Majesty's dominions to which this Act
extends, apply to works the authors whereof were at the time of the making of the work
residents within the first-mentioned Dominion, and that copyright subsisting by virtue
of this Act in any work shall not cease by reason of the work being first published in
that Dominion ; but, save as provided by such an order, works the authors whereof were
residents in a Dominion to which this Act does not extend, and which has not passed
legislation substantially identical with this Act, shall not, whether they are British
Subjects or not, be entitled to any protection under this Act :
Provided that no such Order shall confer any rights within a self-governing
Dominion, but the Governor in Council of any self-governing Dominion to which this
Act extends, may by Order, confer within that Dominion the like rights as His Majesty
in Council is under the foregoing provisions of this subsection authorised to confer
within other parts of His Majesty's dominions.
Power of 27. The Legislature of any British possession to which this Act extends may modify
Pºslºes or add to any of the provisions of this Act in its application to the possession, but,
*. except so far as such modifications and additions relate to procedure and remedies, they
to pass supple shall apply only to works the authors whereof were at the time of the making of the
mental legis- work residents in the possession and to works first published in the possession.
lation.
Application 28. His Majesty may by Order in Council extend this Act to any territories under
to protec- his protection and to Cyprus, and on the making of any such Order this Act shall have
torates. effect as if the territories to which it applies or Cyprus were part of His Majesty's
dominions to which this Act extends.
PART II.
INTERNATIONAL COPYRIGHT.
Power to 29.—(1) His Majesty may by Order in Council direct that this Act (except such
extend Act to parts, if any, thereof as may be specified in the Order) shall apply— y
foreign works. (a) to literary, dramatic, musical, and artistic works, or any class thereof, the
authors whereof were at the time of the making of the work subjects or citizens.
of a foreign country to which the order relates, in like manner as if the
authors were British subjects ; and
(b) in respect of residence in a foreign country to which the Order relates in like
manner as if such residence were residence in the parts of His Majesty’s
dominions to which this Act extends ; and
(c) to works first published in a foreign country to which the Order relates, in like
manner as if they were first published within the parts of His Majesty’s
dominions to which this Act extends ;
and thereupon, subject to the provisions of this Part of this Act, and of the Order, this
Act shall apply accordingly :
Provided that—
(i) before making an Order in Council under this section in respect of any foreign
country His Majesty shall be satisfied that that foreign country has made, or
has undertaken to make, such provisions, if any, as it appears to His Majesty
expedient to require for the protection of persons entitled to copyright under
the provisions of Part I. of this Act:
(ii) the Order in Council may provide that the term of copyright within such parts
of His Majesty's dominions as aforesaid shall not exceed that conferred by the
law of the country to which the Order relates:
(iii) the provisions of this Act as to the delivery of copies of books shall not apply
to works first published in such country, except so far as is provided by the
Order: - -
(iv) the Order in Council may provide that the enjoyment of the rights conferred
by this Act shall be subject to the accomplishment of such conditions and
formalities (if any) as may be prescribed by the Order:
## p. (#759) ################################################
( 17 )
(v) in applying the provisions of this Act as to existing works the Order in Council
may make such modifications as appear necessary, and may provide that
nothing in those provisions as so applied shall be construed as reviving any
right of preventing the production or importation of any translation in any
case where the right has ceased by virtue of section five of the International
Copyright Act, 1886. -
(2) An Order in Council under this section may extend to all the several countries
named or described therein.
30. Where it is necessary to prove the existence in a foreign country to which an Evidence of
Order in Council under this Part of this Act applies of the copyright in any work, or the ºn copy-
ownership of such right, an extract from a register, or a certificate, or other document *
stating the existence of such right, or the person who is the owner of such right, if
authenticated by the official seal of a Minister of State of the said foreign country, or by
the official seal or the signature of a British diplomatic or consular officer acting in such
country, shall be admissible as evidence of the facts named therein, and all courts shall
take judicial notice of every such official seal and signature as is in this section mentioned,
and shall admit in evidence, without proof, the documents authenticated by it.
31-(1) An Order in Council under this Part of this Act shall apply to all His Application
Majesty's dominions to which this Act extends except self-governing Dominions and any ...”
other possession specified in the order with respect to which it appears to His Majesty ...”
expedient that the Order should not apply. - e
(2) The Governor in Council of any self-governing Dominion to which this Act
extends may, as respects that Dominion, make the like orders as under this Part of this
Act His Majesty in Council is authorised to make with respect to His Majesty's dominions
other than self-governing Dominions, and the provisions of this Part of this Act shall,
with the necessary modifications, apply accordingly.
(3) Where it appears to His Majesty expedient to except from the provisions of any
order any part of his dominions not being a self-governing Dominion it shall be lawful
for His Majesty by the same or any other Order in Council to declare that such order and
this Part of this Act shall not, and the same shall not, apply to such part, except so far
as is necessary for preventing any prejudice to any rights acquired previously to the date
of such Order. -
PART III.
SUPPLEMENTAL PROVISIONS.
32. No person shall be entitled to copyright or any similar right in any literary, Abrogation of
dramatic, musical, or artistic work otherwise than under and in accordance with the ºmon law
provisions of this Act, or of any other statutory enactment for the time being in force. *
33.--(1) His Majesty in Council may make Orders for altering, revoking, or varying Provisions as
any Order in Council made under this Act, or under any enactments repealed by this Act, 9 º 1Il
but any Order made under this section shall not affect prejudicially any rights or interests “
acquired or accrued at the date when the Order comes into operation, and shall provide
for the protection of such rights and interests. -
(2) Every Order in Council made under this Act shall be published in the London
Gazette and shall be laid before both Houses of Parliament as soon as may be after it is
made, and shall have effect as if enacted in this Act.
34. Nothing in this Act shall deprive any of the universities and colleges mentioned Saving of
in the Copyright Act, 1775, of any copyright they already possess or may hereafter ºy
acquire under that Act, but the remedies and penalties for infringement of any such tºº.
copyright shall be under this Act and not under that Act. 53 ''
35. There shall continue to be charged on and paid out of the Consolidated Fund of Saving of
the United Kingdom such annual compensation as is at the commencement of this Act ºompensation
payable in pursuance of any Act as compensation to a library for the loss of the right to ..."
receive gratuitous copies of books: *
Provided that this compensation shall not be paid to a library in any year unless the
Treasury are satisfied that the compensation for the previous year has been applied in the
purchase of books for the use of and to be preserved in the library.
## p. (#760) ################################################
( 18 )
Interpreta-
tion.
36,-(1) In this Act, unless the context otherwise requires,-
“Literary work” includes maps, charts, plans, and tables relative to geography,
topography, and science ;
“Dramatic work” includes any piece for recitation, choreographic work or
entertainment in dumb show the scenic arrangement or acting form of which is
fixed in Writing or otherwise, and any cinematograph production where the
arrangement or acting form or the combination of incidents represented give
the work an original character ;
“Literary work,” “dramatic work,” and “musical work” include records,
perforated rolls, or other contrivances intended for use in connexion with, or to
form part of, instruments by means of which a work may be mechanically
performed ;
“Artistic work” includes works of painting, drawing, sculpture and artistic
craftsmanship, and architectural works of art and engravings and photographs;
“Architectural work of art” means any building or structure having an artistic
character or design, in respect of such character or design, but not in respect of
the processes or methods of its construction ;
“Engravings ’’ include etchings, lithographs, wood-cuts, prints, and other similar
works, not being photographs ;
“Photograph” includes photo-lithograph and any work produced by any process
analogous to photography ; .
“Cinematograph " includes any work produced by any process analogous to
cinematography : -
“Pirated,” when applied to a copy of a work in which copyright subsists, means
any copy made without the consent or acquiescence of the owner of the copyright,
or imported in contravention of the provisions of this Act ;
“Publication” means the issue of copies to the public and does not include the
performance in public of a dramatic or musical work, the exhibition of an artistic
work, or the construction of a work of architecture;
“Performance” means any acoustic representation of a work and any visual
representation of any dramatic action in a work, including such a representation
made by means of any mechanical instrument ;
“Delivery,” in relation to a lecture, includes delivery by means of any mechanical
instrument ;
“Plate ’’ includes any stereotype or other plate, stone, matrix, transfer, or negative
used or intended to be used for printing or reproducing copies of any work,
and any matrix or other appliance by which records, perforated rolls or other
contrivances for the acoustic representation of the work are or are intended to
be made ;
“Lecture * includes address, speech, and sermon ;
“Self-governing Dominion ” means the Dominion of Canada, the Commonwealth
of Australia, the Dominion of New Zealand, the Union of South Africa, and
Newfoundland.
(2) For the purposes of this Act (other than those relating to infringements of
copyright), a work shall not be deemed to be published or performed in public, and a
lecture shall not be deemed to be delivered in public, if published, performed in public,
or delivered in public, without the consent or acquiescence of the person entitled to
authorise its publication, performance in public, or delivery in public. -
(3) For the purposes of this Act a work shall be deemed to be first published within
the parts of His Majesty's dominions to which this Act extends, notwithstanding that it
has been published simultaneously in some other place, unless the publication in such
parts of His Majesty's dominions as aforesaid is colourable only and is not intended to
satisfy the reasonable requirements of the public, and a work shall be deemed to be
published simultaneously in two countries if the time between the publication in one
such country and the publication in the other country does not exceed fourteen days.
(4) Where the making of a work has extended over a considerable period the
conditions of this Act conferring copyright shall be deemed to have been complied with
## p. (#761) ################################################
( 19 )
if the author was during any substantial part of that period a British Subject or a
resident within the parts of His Majesty's dominions to which this Act extends.
(5) For the purposes of the provisions of this Act as to residence, an author of a
work shall be deemed to be a resident in the parts of His Majesty's dominions to which
this Act extends if he is domiciled within any such part.
37. Subject to the provisions of this Act, the enactments mentioned in the Second Repeal.
Schedule to this Act are hereby repealed to the extent specified in the third column of
that Schedule. -
38.-(1) This Act may be cited as the Copyright Act, 1910. Short title
(2) This Act shall come into operation— º
(a) in the United Kingdom, on the first day of January nineteen hundred and “”
twelve or such earlier date as may be fixed by order in council :
(b) in a self-governing Dominion to which this Act extends, at such date as may
be fixed by the Legislature of that Dominion ; -
(c) in any other British possession to which this Act extends, on the proclamation
thereof within the possession by the Governor. -
SCHEDULES.
EIRST SCHEDUILE.
EXISTING RIGHTS.
bºund Right. Corresponding Right.
(a) In the case of Works other than Dramatic and Musical Works.
Copyright. | Copyright as defined by this Act.
(b) In the case of Musical and Dramatic Works.
Both copyright and performing right – - || Copyright as defined by this Act.
Copyright, but not performing right - - Copyright as defined by this Act, except the
sole right to perform the work or any
'• -- substantial part thereof in public.
Performing right, but not copyright - - The sole right to perform the work in public,
but none of the other rights comprised in
copyright as defined by this Act.
For the purposes of this Schedule the following expressions, where used in the first
column thereof, have the following meanings :— -
“Copyright,” in the case of a work which according to the law in force immediately
before the commencement of this Act has not been published before that date and ,
statutory copyright wherein depends on publication, includes the right at common
law (if any) to restrain publication ;
“Performing right,” in the case of a work which has not been performed in public
before the commencement of this Act, includes the right at common law (if any)
to restrain the performance thereof in public,
## p. (#762) ################################################
( 20 )
SECOND SCHEDUILE.
ENACTMENTS REPEALED.
Session and
Chapter.
Short Title.
Extent of Repeal.
8 Geo. 2, c. 18.
7 Geo. 3, c. 38.
15 Geo. 3, c. 53.
17 Geo. 3, c. 57.
54 Geo. 3, c. 56.
3 Geo. 4, c. 15.
5 & 6 Will. 4,
c. 65.
6 & 7 Will. 4,
c. 59.
6 & 7 Will. 4,
c. 110.
5 & 6 Wict. c. 45.
7 & 8 Vict, c. 12.
Vict,
Wict.
Wict.
10 & 11
c. 95.
15 & 16
c. 12.
25 & 26
C. 68.
38 & 39 Wict.
c. 12.
39 & 40
c. 36.
Vict.
45 & 46 Vict.
c. 40.
49 & 50
c. 33. . . .
51 & 52
c. 17.
Vict.
Vict,
*
53 Vict.
t
2 &
c. 42.
2 Edw. 7, c. 15.
The Engraving Copyright Act, 1734 wº
The Engraving Copyright Act, 1767 –
The Copyright Act, 1775 - * ºm 4-
The Prints Copyright Act, 1777 - —
The Sculpture Copyright Act, 1814 - gºs
The Dramatic Copyright Act, 1833 - -
The Lectures Copyright Act, 1835 - tº-
The Prints and Engravings Copyright
(Ireland) Act, 1836. -
The Copyright Act, 1836 - - &=
The Copyright Act, 1842 - sº ſº-
The International Copyright Act, 1844 –
The Colonial-Copyright Act, 1847 – cº-
The International Copyright Act, 1852 –
The Fine Arts Copyright Act, 1862 - *E*
The International Copyright Act, 1875 -
The Customs Consolidation Act, 1876
The Copyright (Musical Compositions)
Act, 1882.
The International Copyright Act, 1886 -
The Copyright
Act, 18SS.
The Revenue Act, 1889 – * - sº
(Musical Compositions)
The Musical (Summary l’roceedings) Copy-
The whole Act.
The whole Act.
Sections two, four, and five.
The whole Act.
The whole Act.
The whole Act.
The whole Act.
The whole Act.
The whole Act.
The whole Act.
The whole Act.
The whole Act.
The whole Act.
Sections one to six. In section
eight the words “and pur-
“suant to any Act for the
“protection of copyright
“engravings.” Sections nine
to twelve.
The whole Act.
Section forty-two, from “Books
wherein '' to “such copy-
right will expire.” Sec-
tions forty-four, forty-five,
and one hundred and fifty-
two.
6 Edw. 7, c. 36.
right Act, 1902.
The Musical Copyright Act, 1906 - -
The whole Act.
The whole Act.
The whole Act.
Section one, from “Books first
published ” to “as provided
in that section.”
The whole Act.
The whole Act.
Dublin Core
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Title
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The Author, Vol. 20 Issue 10 (July 1910)
Subject
The topic of the resource
<em>The Author</em>, Vol. 20 Issue 10 (July 1910)
Source
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<a href="https://babel.hathitrust.org/cgi/pt?id=mdp.39015027638405" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=mdp.39015027638405</a>
Type
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Publication
Identifier
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1910-07-01-The-Author-20-10
publications
The Author