26 20 545 https://www.historysoa.com/files/original/5/539/1914-04-01-The-Author-24-7.pdf d15705ee91c520a0e8951760cb945e81 PDF Text Text ���������������������������� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Author Subject The topic of the resource <em>The Author</em> Description An account of the resource 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=&amp;advanced%5B0%5D%5Bjoiner%5D=and&amp;advanced%5B0%5D%5Belement_id%5D=51&amp;advanced%5B0%5D%5Btype%5D=is+exactly&amp;advanced%5B0%5D%5Bterms%5D=Index&amp;collection=&amp;type=&amp;tags=&amp;exhibit=&amp;date_search_term=&amp;submit_search=Search+For+Items&amp;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. Date A point or period of time associated with an event in the lifecycle of the resource 1890–1914 Identifier An unambiguous reference to the resource within a given context The-Author-Issues Publication Date The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format) 1914-04-01 Volume 24 Issue 7 Pages Page range in volume 181–206 Ngram Date Version of the date in YYYYMMDD format for use by the Ngram plugin 19140401 Ngram Text Version of the text with no HTML formatting for use by the Ngram plugin Che HMutbor. (The Organ of the Incorporated Society of Authors. FOUNDED BY SIR Monthly. ) WALTER BESANT. Vor. XXIV.—No. 7. APRIL 1, 1914. _ [PRICE SIXPENCE. TELEPHONE NUMBER: 874 VICTORIA. TELEGRAPHIC ADDRESS : AUTORIDAD, LONDON. a ee NOTICES. i 4 OR the opinions expressed in papers that are signed or initialled the authors alone are responsible. None of the papers or paragraphs must be taken as expressing the opinion of the Committee unless such is especially stated to be the case. Tur 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. Tue 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, 1, Cen- tral Buildings, Tothill Street, Westminster, 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 Vou. XXIV. the standpoint of art or business, but on no other subjects whatever. Every effort will be made to return articles which cannot be accepted. ADVERTISEMENTS. Messrs. Matthews’ Advertising Service, Staple Inn Buildings, High Holborn, W.C., will act as agents for advertisements for “The Author.” All communications respect- ing advertisements should be addressed to them. As there seems to be an impression among readers of The Author that the Committee are personally responsible for the bona fides of the advertisers, the Committee desire it to be stated that this is not, and could not possibly be, the ease. 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. o> THE SOCIETY’S FUNDS. a 4 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 con- tributions 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 principle, or in assisting to obtain copyright reform, or in dealing with any other / 182 THE AUTHOR. 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. —____—_+—>—+___—_. THE PENSION FUND. —+——+ — N January, 1914, the secretary of the I Society laid before the trustees of the Pension Fund the accounts for the year 1913, as settled by the accountants. After giving the matter full consideration, the trustees instructed the secretary to invest a sum of £350 in the purchase of Great Eastern Railway Ordinary Stock. The amount pur- chased has been added to the investments set out below. The trustees desire to thank the members of the Society for the continued support which they have given to the Pension Fund. They have given notice to the Pension Fund Com- mittee that there is sufficient money at their disposal to enable them to give another pension. The nominal value of the investments held on behalf of the Pension Fund now amounts to £5,419 6s., details of which are fully set out in the following schedule :— Nominal Value. £ 4s. @. RGCAl Loans 6c 0is occ sc hecccs sconces 500 0 0 Victoria Government 3% Consoli- dated Inscribed Stock ............ 291 19 11 London and North Western 3% Debenture Stock .................. 250 0 O Egyptian Government Irrigation Trust 4% Certificates............. 200 0 0 Cape of Good Hope 34% Inscribed Block 6. ak - 200 0 0 Glasgow and South-Western Rail- way 4% Preference Stock ...... 228 0 0 New Zealand 34% Stock .......... 247 9 6 Irish Land 22% Guaranteed Stock 258 0 0 Corporation of London 24% Stock, 1927-57 ...............:-. . 4388 2 4 Jamaica 34% Stock, 1919—49 ... 1382 18 6 Mauritius 4% 1987 Stock ......... - 120 12 1 Dominion of Canada, C.P.R. 84% Land Grant Stock, 1988 ......... 198 3 8 Antofagasta and Bolivian Railway 5% Preferred Stock ............... 237 0 O Central Argentine Railway Or- dinary Stock 21.00.65. 0igsecsss0ccses 232 0 0 Nominal Value. SS, a. $2,000 Consolidated Gas and Electric Company of Baltimore 44% Gold Bonds ........+.++++-. 400 0 O 250 Edward Lloyd, Ltd., £1 5% Preference Shares ...............- 250 0 0 55 Buenos Ayres Great Southern Railway 4% Extension Shares, 1914 (fully paid) ................. 550 0 0 3 Central Argentine Railway £10 Preference Shares, New Issue... 30 0 0O Great Eastern Railway Ordinary Stock cess cecpesuesd esse 655 0 0 Total 2 £5,419 6 O —_——_———__+—>—_+—____—_- PENSION FUND. —.—~ + Tue list printed below includes all fresh dona- tions and subscriptions (i.e., donations and subscriptions not hitherto acknowledged) received by, or promised to, the fund from October, 19138. It does not include either donations given prior to October, nor does it include sub- scriptions paid in compliance with promises made before it. Subscriptions. 1913. Oct. 8, Rees, Miss Rosemary Oct. 8, Pearee, J. . : Z Oct. 9, Drummond, Miss Florence Oct. 9, Rumbold, Hugo Oct. 18, Knowles, Miss Oct. 20, Collison, Harry : Oct. 21, Buchanan, Miss Meriel Oct. 25, Baker, EK. A. . : Nov. 6, Bentley, E. C. : Nov. 6, Petersen, Miss Margaret Nov. 7, Lang, Mrs. John j Nov. 19, Langferte, Raymond Nov. 24, Webb, W. Trego Nov. 24, Mackenzie, Compton Dec. 4, Vansittart, Robert Dec. 4, Lunn, Arnold . < Dec. 4, Stewart, Miss Marie . Dec. 4, Berry, Miss Ana . Dec. 4, Vallois, Miss Grace . ‘ Dec. 17, Beresford, J. D. Dec. 29, Inge, Charles . Dec. 29, Cross, Miss May Dec. 29, Hardy, Thomas, O.M. _ ~ NASCSCAAANMooaaaaanwe ao Toe i concoconeoooooocoOoOoOOOoSoO OF wpooocooooormooocooooroocooooh i j i | THE AUTHOR. 1914. Jan. 7, Ford, Miss May Jan. 7, Sephton, J. Jan. 16, Singer, I. : Jan. 16, Cooke, Arthur O. Jan. 28, Exley, Miss M. : Jan. 26, Sarawak, The Ranee of Mar. 11, Dowson, Osear F. 19138. Donations. Oct. 7, Darwin, Sir Francis . : Oct. 9, Carroll, Sydney Wentworth Oct. 21, Troubetzkoy, The Princess Oct. 27, Frankish, Harold . 2 Oct. 30, Rosman, Miss Alice Grant Nov. 3, Holland, Theodore Nov. 3, Steane, Bruce . Nov. 3, Batty, Mrs. Braithwaite Nov. 10, Elrington, Miss Helen Nov. 10, Waterbury, Mrs. . Dec. 5, Dymock, R. G. Vaughton . Dec. 6, Macdonald, Miss Julia Dec. 11, Little, Mrs. Archibald Dec. 11, Topham, Miss Ann . Dec. 20, Edwards, Percy J. . Dec. 21, Keating, J. Lloyd 1914. Jan. 8, Church, Sir Arthur Jan. 5, Anon : Jan. 5, Joseph, L. Jan. 5, Swan, Miss Myra Jan. 5, Vernede, R. E. : Jan. 6, De Crespigny, Mrs. Champion Jan. 6, Rankin, Miss F. M. . . Jan. 7, Sneyd-Kynnesley, E. M. Jan. 7, Lathbury, Miss Eva . Jan. 7, Toplis, Miss Grace Jan. 8, Palmer, G. Molyneaux Jan. 9, Mackenzie, Miss J. . Jan. 10, Daniell, Mrs. E. H. . Jan. 12, Avery, Harold : Jan. 12, Douglas, Mrs. F. A. Jan. 15, Pullein, Miss Catherine Jan. 15, Thomas, Mrs. Fanny Jan. 16, James, Mrs. Romane Jan. 19, P. H. and M. K. Jan. 19, Greenstreet, W. J. . Jan. 19, Gibbs, F. Leonard A. Jan. 23, Campbell, Mrs. L. A. R. . Jan. 23, Cameron, Mrs. Charlotte, F.R.GS. . : Jan. 23, Blunt, Reginald Jan. 24, Raphael, Mrs. Mary. Jan. 25, Plouman, Miss Mary Jan. 80, Gibson, Miss L. S. . Feb. 5, Brooker, Lt.-Col. E. P. Feb. 6, Buchrose, J. E. : — S coomoooocooooooooooeooscr- Seeeoecoon, _ ecoooceormroscoocooooro tu HH OOOH et K Or or or or or or? i — Ooo © OH eH Orbs Or Orr OO OO — peal _ —_ ooanrgnocounooeawmanoduncocmn oc = _ ee ON Oe et ccooocoeoe SCMmooooooanaaoacecooances ececoocoocoonanaoooooao ecoeoanooce 1838 Feb. 7, Smith, Herbert W. Feb. 20, Eden Guy : : Feb. 21, Mayne, Miss Ethel bourn : Feb. 21, K. ; : : Feb. 25, Aspinall, Algernon E. Mar. 2, Dalziell, J. ‘ Mar. 2,8. F.G. . ; Mar. 5, Saies, Mrs. F. H. Mar. 5, Thorne, Mrs. Isabel . : Mar. 5, Haviland, Miss M. D. : Mar. 5, Todd, Miss Margaret, M.D. Mar. 13, Cabourn, John 5 : Mar. 20, French, Mrs. G. F. . oon — oro 2 co Col- et Oo & CSCOrFOCCorFNOSS Soe Or or Oc coocoocooocoecocs — ee COMMITTEE OF MANAGEMENT. —-—— + —_ HE Committee held their March meeting on the second of that month at three o’clock, at the offices of the Society. After the minutes of the previous meeting had been signed the committee dealt with the elec- tions and resignations. The number of elections —twenty-six—is chronicled in another column of this issue. This brings the total number for the current year up to ninety-five, slightly in excess of the number for the corresponding period of last year. The committee accepted, with regret, eighteen resignations. The large number of resignations during the month may b> accounted for by the fact that at this period of the year the first application is issued for unpaid subscriptions. A certain number of resignations is bound to follow. The next question before the committee was the legal cases and the disputes of members. The solicitor attended and made his report. In the first claim against the proprietor of a magazine—the debt and costs had been paid. In a ease for the collection of dramatic fees, the solicitor reported that he had, at length, succeeded in obtaining the debt and costs. The costs had been increased as it had proved necessary, not only to issue a summons for an examination of the debtor, but also to proceed against him for an attachment. The solicitor then reported on the case of infringement of title by a cinematograph company which had been taken up at the last meeting. The judge considered it a case for a: speedy trial and the trial was fixed for the 10th of the month. In a case where money was claimed on a disputed account, the com- mittee decided to take action with the approval  184 of the member concerned. The secretary then reported that in a case where an award had been given, one of the members, party to the award, desired certain letters to be read to the committee. These were read in due course, and the secretary was instructed to write a letter in reply, placing before the member that the award must be adhered to, and that the committee were unable to discuss the matter further. ‘The letter was to be submitted to the chairman of the committee for his approval. Difficult issues had arisen owing to the fact that a publisher had shown unreasonable delay in publishing the book which he had agreed by contract to produce. The committee decided to issue a writ for damages for delay or for immediate publication. In a case of infringement of dramatic rights of amember in Australia, the secretary reported that he had, in order to catch the Australian mail, obtained the chairman’s sanction to place the matter in the hands of the Society's lawyers in Sydney. The committee confirmed the chairman’s action. In a dispute between a member and an agent which the committee, for various reasons, at the last meeting had refused to take up. the secretary read_ to the committee a further communication he had received from the member, and, after again reviewing the case, the committee regretted they were unable to depart from their previous decision, and instructed the secretary so to inform the member. A question concerning the conduct of a case in the United States on behalf of a member was considered by the committee in the light of fresh facts which had just come to hand from the Society’s American lawyer. It was decided to take up an action against a paper in Vancouver, and the secretary was instructed to communicate with the Society’s lawyers on the subject. : The judgment in the highest court in Switzerland, on a question taken up by the Society some years ago, was laid before the committee. The committee regretted it was against the claim put forward on behalf of the member. As no further appeal was possible, the secretary. was instructed to inform the member of the result. In a dispute between a member of the Society and the editor of an illustrated paper the correspondence was read, and the chairman undertook to write to the editor. The next matter referred to a case of infringement of dramatic rights. The com- mittee, after consideration, regretted they THE AUTHOR. were unable to take up the case. In a dispute arising from the publication of a book, the committee gave instructions to the secretary as to the settlement. There was a question, also, of infringement of the rights in a title by a cinematograph production. The committee decided to take no action in this case, but to await the'result of the case already pending. The next matter was a dispute, stretching over a period of years, under a publisher’s account. The committee decided to take up the case on behalf of the member. The secretary then reported the position of an important case in Toronto of infringement of copyright, taken up by the Society, and read a letter received from the member con- cerned dealing with the proposed terms of settlement as received from Canada. The committee approved the terms of settlement put forward by the member, and decided to instruct the lawyers in Toronto accordingly. As the chairman of the committee was going abroad for a short time, a vice-chairman was appointed in his absence. Authority was given for the payment of the cost of a cable sent to the Authors’ League of America, congratulating the League on its first annual dinner and on the success of the League. The question of the Society’s advertise- ments was next considered, and it was decided to settle the account of the previous agents in accordance with an arrangement made between them and the Society’s accountants. It was also decided to have an exchange advertisement with the Music Student. The list of non-payers for two years was laid before the committee, and the secretary was instructed to send a special letter to the members in arrears. Correspondence with a member on the subject of the libraries censorship was read, and the secretary was instructed to write to the member giving him the committee’s opinion and asking for possible suggestions. The seeretary then laid before the committee a short article dealing with a dispute between a member and a publisher which, on the suggestion of the Composers’ Sub-Committee, it was proposed to publish in The Author. He was instructed to lay the matter before the Society’s solicitors and, with their approval, to publish the article in the April issue. The matter of the change of the name of the Society from the Incorporated Society of Authors, to the Incorporated Society of Authors, Playwrights and Composers, was  THE AUTHOR. next considered. The secretary reported that the solicitors of the Society had obtained the approval of the Board of Trade, and it was decided to have a special meeting of the council and the shareholders of the Society on April 17 to approve the change, and a confirmatory meeting later, according to the provisions of the Companies Acts. The committee authorised the investment of £260 from the Life Membership account in the purchase of Buenos Aires Great Southern Railway 4% Extension Shares, and authority was given to affix the seal of the Society if necessary. A difficult question, arising under a certain section in the Copyright Act, 1911, was referred to the Committee of Managment by the Composers’ Sub-Committee. It dealt with mechanical rights. 'The Committee of Manage- ment decided to take counsel’s opinion on the matter. It was decided to purchase a new type- writer for the Society’s office. A proposal was submitted to the committee by the Independent Music Club, and the secretary was instructed to state that the com- mittee regretted they were unable to accept it. Letters were read from the Foreign Office on the question of copyright in India, and from the Society’s lawyer in New York on the ques- tion of copyright in the United States. Votes of thanks were passed to the following members for donations to the Capital Fund of the Society: Mr. Arnold Bennett, £10; Edward Carpenter, £3; Philip Hubbard, 10s. 6d. 4 Dramatic SuBp-CoMMITTEE. Tuer Dramatic Sub-Committee met at the Society’s offices on Friday, March 20. After reading the minutes the secretary reported that he had heard from Mr. Fladgate, the solicitor of the Society of West End Managers, in regard to the settlement of the Managerial Treaty, and that the question had been referred to Mr. Gatti and himself for dis- cussion. The secretary further reported that he had seen Mr. Gatti, and it was probable that the report would be laid before the next meeting of the sub-committee. The question of the conference to be held at the Society’s offices to discuss matters con- nected with the use of titles by film manu- facturers was mentioned to the sub-committee. Various bodies interested had consented to send delegates to the conference, and it was 185 decided to invite the Society of West End Managers to attend, as well as a representative of the Committee of Management of the Society. The secretary was instructed also to communicate further with the Film Renters’ Association. The agenda for the conference was settled in the following terms :— 1. To consider what joint action could be taken to safeguard (a) Titles. (b) Subject matter. 2. The appointment of a joint board to pro- tect the common interests of authors, manu- facturers, and the film trade generally. The secretary was instructed to send the agenda round to all the bodies which had signified their intention to be present. A cable from the Society’s American agent dealing with film rights was read to the sub- committee, and Mr. Cecil Raleigh reported on transactions which the agent had already carried through on his behalf. It was decided, as soon as Mr. Jordan arrived in England, to call a special meeting of the Dramatic Sub- Committee with a view to a discussion on the sale of cinema rights, as Mr. Jordan had stated that he had some important information to lay before the sub-committee. Mr. Raleigh then reported the action of the Society in regard to ‘Sealed Orders,’”’ and stated that the Society had obtained an injunction on his behalf, and, at the same time, a payment from the defendants towards the costs. Mr. Raleigh expressed his thanks to the Society for its assistance. A proposal to raise a fighting fund for sup- port of dramatic cases was carefully considered. It seemed clear that there were so many issues to be considered that it would be necessary to appoint a sub-committee for the purpose. Mr. Shaw, Mr. Raleigh and Mr. Chambers consented to serve. It was decided to have a meeting as early in May as possible. As the matters before the sub-committee had taken a considerable time to discuss it was decided to adjourn the general discussion on agents to another meeting. The Society’s representative who was to attend the Cinematograph Conference in Paris regretted he had been unable to do so. Two cases were then considered. The first was in relation to a contract carried through by the Society’s agent in Holland. The sub-committee instructed the secretary to write to the member concerned to the effect that it was important that action should betaken, andtothechairmanofthe Com- mittee of Management to get their sanction,  186 subject to the member’s consent to action being taken. o Another question arising out of a dispute on accounts was discussed. On_ the facts before them, the sub-committee did not con- sider that, at the present time, it was necessary to appoint an accountant to investigate the accounts. — Composers’ SuB-COMMITTEE. Tur Composers’ Sub-Committee met at the offices of the Society on Saturday, March 14, at eleven o’clock. After the minutes of the previous mecting had been signed, the secre- tary read counsel’s opinion that had been obtained, with the sanction of the Committee of Management, on a question arising under section 19 (7) (c) of the Copyright Act, 1911. The question related to rights assigned to publishers before the passing of the Act of 1911. The opinion, which was obtained from Mr. E. J. MacGillivray, was a very interesting one. The next question dealt with the matter of publishers’ contracts. The secretary reported that he had received no answer to two letters he had written to the Music Publishers’ Association. He was instructed to write again and to press for a reply. The secretary then drew the attention of the sub-committee to the fact that Messrs. Chappell & Co. were now manufacturing mechanical instrument contrivances, and put forward the suggestion that, as they were making a profit as manufacturers of these contrivances, they might not now think it necessary to share in the composers’ fees. The sub-committee then discussed the question of publishers’ accounts. The secre- tary explained the difficulties, both financial and other, of putting in a chartered accountant to check the accounts regularly. The sub- committee were agreed that if any concrete case came before them where the accounts appeared to be inaccurate, they would advise the Committee of Management to place in an accountant. The matter was adjourned to the next meeting for further consideration. —_+—— Tue Pension FunNpD COMMITTEE. The Pension Fund Committee met at the offices of the Society on Tuesday, March 3. After reading the minutes of the last meeting the secretary made a full report of THE AUTHOR. the position of the fund. He stated that the trustees had invested the sum of £350 in the purchase of Great Eastern Railway Ordinary Shares, and that, after consideration of the income of the fund, had declared to the committee that a further sum of £40 could be used for pensions. The committee formally approved the in- vestments of the trustees for 1913 and 1914. The secretary then reported that Mrs. Francis Marshall, who is at present receiving a pension from the Society, had applied for an increase. After due consideration, and subject to certain conditions, the committee decided to increase the pension by an amount of £15 per annum, bringing the total pension up to £40 per annum. — a Cases. DurineG the last month the secretary has been very busy with cases coming into the office and, in addition to matters which it has been necessary to place in the hands of the solicitors of the Society when immediate legal action was imperative, has dealt with twenty- two cases. They may be catalogued as follows :— 8 claims for the return of MSS. ; 6 claims for money ; 3 claims for accounts and money ; 2 disputes on agreements ; 1 claim for infringement of copyright ; 1 claim for literary libel ; 1 claim for account. Of the six claims for money, one has been placed into the hands of the Canadian lawyers and one has been placed in the hands of the London lawyers. One will be placed in the hands of the London lawyers in the course of a few days, as no response whatever has been made to the secretary’s letters. One case has been completed and the money has been paid. Of the two remaining cases, one has only recently come to the office, and one lies in the United States. The claims for MSS. have been heavy. They are always difficult to deal with. In only one case has the MS. been collected. In one no answer has been given to the secretary’s letter, and it will most probably have to be placed in the hands of the Society’s solicitors. In two other cases the persons communicated with have promised to make a diligent search and write again. In two of the remaining no answer has been given, and it is very probable THE AUTHOR. from the facts before the secretary that the address of the delinquents being incorrect, it will be impossible to obtain any satisfactory reply. The last two have only recently come to the office. There have been three claims for accounts and money. Two of these are against one publisher. The cases against the firm are adding up so rapidly that it may be necessary to place them into the hands of the Society’s solicitors after conferring with the committee. A letter in reply is still wanting in the third case, but the letter of demand has only just been written. In two eases of disputes on agreements, one has been settled and one is still in the course of negotiation. One claim on infringement of copyright has been settled. One case of literary libel has been placed in the hands of the Society’s solicitors. In a demand for an account, the publisher has written and promised to render it as soon as he can get it out. The settlement of these cases has so far not been very satisfactory, but it is hoped that in the May number it will be possible to report that they have been terminated. The disputes still outstanding from former months have practically all been settled, except those that are in foreign countries, or those which necessarily need lengthy negotiations. March Elections. Comtesse Irma Adel- Villa Riviera, Wies- mann. baden. Miss E. M. Evors Harold J. Flowers Hugo William Koch, (“ Hugo W.’’). F. Beverley Lanyon, (of. B.L.”’). George Morrow . Miss Emily Newling Eille Norwood Ivor Novello Mary O’Conor-Eccles Miss Muriel O’Conor Miss Nancy Margaret Paul. Marshall O. Roberts F. J. St. Aubyn . Hugh Stokes Isabel Thorne . - 187 Lyceum Club, Piccadilly, W. Seagrave Rectory, Loughborough. 44, Doughty Street. London, W.C. Evelyns, Hillingdon, Uxbridge. 15, Penrith Road, Keswick. Little Marlow. Hotel Russell, Dub- lin. 30, Chester Street, Grosvenor Place, S.W. Hazel Rough, Hart- field, Sussex. Easton, Grantham. Lamb Building, Middle Temple, E.C. 77, Welbeck Street, Cavendish Square, W. Burleigh, Tudor Road, Upper Nor- wood, S.E. ee ee BOOKS PUBLISHED BY MEMBERS. A F, Britten Austin 1, Northgate End, i Basil Dean Bishops Stortford, Herts. c/o. Cox & Co., 16, Charing Cross, S.W. 19, Albany Ealing. Penrith New School, Long Lane, Finch- ley, N. Lt. ©. low. A. L. Brown- The Rev. chanan. Miss Frances N. Creaton E. S. Bu- Road, “* Custos” . 10, Abbey Court, Abbey Road, N.W. The Cobbles, Wal- ton - on - the - Hill, Surrey. 6, Portsdown Road, W. 5, Fetter Lane, E.C. Oscar F. Dowson Jack Edwards . David Delta Evans, (‘‘ Dewi Hiraddug ’’). 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 that many of the books mentioned are not sent to the office 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. ARCHAOLOGY. DESCRIPTION OF THE TEST SPECIMEN OF THE RostRo- Cartnate INDUSTRY FOUND BrneatH THE NorwicH Crac. By Sir Ray Lanxester, K.C.B. (Occasional Papers, No. 4.) 11 x 74. 18 pp. Three Plates. The Royal Anthropological Institute of Great Britain and Treland. ARCHITECTURE. A Snort Account of GREAT MALVERNE PRioRY CHURCH. A History of the Monastery and Description of the Fabric. By the Rev. AnTrHony CHARLES Drannz, Vicar of Hampstead, sometime Vicar of Malvern. 74 x 5. 100 pp. (Bell’s Cathedral Series.) Bell. 1s. 6d. n.  188 GREEK SCULPTURE AN delivered to the Stu London. By Sir CHARLES 5}. Press. Our Lapy 208 pp. Arrowsmith. 1s. n. BIOGRAPHY. REMARKABLE WoMEN oF F ~.-CoL. ANDREW 353 pp. Stanley Paul. Lir—E AND WRITINGS. Constable, Is. n. A Personal Study of James By Liev 9 x 5}. ToLsToy, GaRNETT. On THE LEFT oF A THRONE. Duke of Monmouth. By Mrs. Evan NEPEAN. Tilustrations. CHILDREN oF THE DEap Enp. By Patrick MAcGILL. Tue SECRET OF CHARLOTTE BRONTE. Reminiscences of the Real Monsieur and Madame Heger. By Frepertka Macpona.p, D.Litt. 73 x 5}. 263 pp. Jack. Lives AND LeGEenps or EneuisH Sarsts. By L. M. Methuen. 6s. n. 5 By Henry James. 9} 7k x 5. 404 pp. Putnam. 6s. Navvy. SHORTT. Nores or A SON AND BROTHER. x 53%. 479 pp. Macmillan. A Gure to HistoricaL FICTION. D.Litt. Five Puays. Grant Richards. p MoprERN ABT. ; poole gory 4 aoe ay 304 pp. Ward, Lock. 6s. Conbud e University REBECCA OF THE Fetts. By Heten H. Warson. i 8 8 x 5}. 388 pp. Religious Tract Society. RANCE FROM 1431 To 1749. Haaa@arp, D.§.0. 16s. ‘n. By Lorp Dunsany. THE AUTHOR. A Girt rrom Mexico. By R. B. TownsHenp. 7} x 5. ; 314 pp. Methuen. 6s. Two lectures tyre Cason HONEYMOON. By Heapon Hitt. 7} x 5. THe Motor Maip. By C. N. and A. M. Witxramson. 4 r Forniss. 7 X 43. : : By Haray Fuenis 2 309 pp. Tur Man rrom Curpin’s River, on WHERE MEN aRE Mapr. By D. Mactan. (Cheap Reprints.) 7i x 4}. 280 pp. Hodderand Stoughton. 1s. n. each. Tur Para to Honour. By Sypney C. 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Pua@se Maroon. By Mary F. Rapuarr. 7} X 5. 7% x 5. 111 pp. 317 pp. Heath, Cranton, and Ouseley. 6s. SunsHine. The Story of a Pure Heart. By Mary OprensHaw. 7} X 5. 318 pp. Heath, Cranton and EDUCATIONAL. : : Tur Scnootmaster. A Commentary upon the Aimsand ,, Ouseley. 6s. . g Methods of an Assistant-Master in a Public School, GtBERT Ray. By Mrs. E, Hucues-Gins. 7} x 95. By A. ©. Benson. Third Edition. 7} x 5. 173 pp. 331 pp. Heath, Cranton and Ouseley. 65. _ Murray. Gorxe Some. A Romance of Strenuous Affection. By , Rex Beacu. 256 pp. THe Aurar Stairs. By G. B. Tae Brasts, Brrps AND BreEs or Vinci: A NATURALIST’S HANDBOOK TO THE GEORGICS. Royps, M.A., B.D. Fowuer, Oxford. JEHHANE OF THE ForEST. 315 pp. Melrose. Ir Witt se Att Rieu. 336 pp. Hutchinson. Tue Sea Caprain. Methuen. SHREWSBURY. Tar Granp Basyton Horst. Running WATER. 320 pp. THe WHEELS OF CHANCE. Brug Lagoon. 287 pp. 297 PoTTEeR AND CLAY. Biackiaw. By Sr Georce MAxKGILy. ‘THE BRIDGE. Fisher Unwin. By Tuomas FLETCHER With a Preface by W. WarDE 3s. 6d. n. By H. C. Batvey. By Stantey WEYMAN. By Arnotp Brennerr. THe Cuckoo Lams. By H. W. C. Newre. 7} x 5. By A. E. W. Mason. 402 pp. Chatto and Windus. 6s. By H. B. Marriorr WATSON. By Marx Somers. Lancaster. 324 pp. THE Man on THE Box. By H. MaceratH. 231 pp. (Shilling Library.) 74 x 44. Hodder and Stoughton. Is. n. each. Tur Grass Wipow. By DorotHEa GERARD. 318 pp. Toe Grau In Grey. By Curtis York. 318 pp. By L. A. Taupor. 7} x 5. Sevenpenny Editions. J. Long. Tur TRAIL OF THE Sworp. By Sir Gitpert Parker. By Tom Gatton. 7} X 5. 256 pp. Monrezuma’s Davucuter. By H. RipEr Haccarp. 320 pp. (Cheap Reprints.) 6} x 44. 7% x 5. 341 pp. Hodder and Stoughton. 7d. n. each. Tue Enp or Her Honeymoon. By Mrs. BELLoo 356 pp. Lownpes. 7} xX 5. 309 pp. Methuen. 6s. By H. G. Wetts. An Assent HeERo. By Mrs. Frep ReyNorps. Tk x 44. By H. pre VERE Mills and Boon. 6s. 260 pp. THE Proressor’s Legacy. By Ir Was THE Time or Rosrs. By Dorr WYLLARDE. Mrs. ALFRED SIDGWICK. Library.) Tue Fork or Furry Farm. 315 pp. Once Upon A Timez. (The Wayfarer’s 7h x 43. 274 pp. Holden and Hardingham. 6s. ls. n. each. Tue Epucation or Otiver Hypr. By R. E. SaLwey. By K. F. Purpon. 7} x 5. 73 x 5. 288 pp... Digby Long. 6s. Frivote. By Kate Horn. 7} x 4}. 296 pp. Stanley Paul. 6s. Farner O’Fiynn. By H.pe Vern Sracroore. 7} x 4}. 7h x By Mrs. StanLey WRENCH. 7} X 5. 245 pp. Hutchinson. Is. n. ; Tur AMAZING PARTNERSHIP. By E. Puiiiips OPPENHEIM. 74x 5. 483 pp. 72 x 5. 312 pp. Cassell. 3s. 6d. Tun Essex Papers. By C. E. Pru. 7kx 5. 352 pp. A Free Hanp. By Heren C. Ropurts. 74 X 43. 322 pp. Duckworth. 6s. ' i i THE AUTHOR. 189 LITERARY. An ENGLISHMAN Looks aT THE WoRLD. By H. G. WELLS. 8} x 54. 357 pp. Cassell. 6s. n. THs Derenpant. By G. K. Caesrerron. (The Way- farer’s Library.) 7 x 43. 172 pp. Dent. 1s. n. THE TRUTH ABOUT AN AuTHOR. By ARNOLD BENNETT. 62 x 44. 158 pp. Methuen. 2s. 6d. n. MILITARY. With tHe Turk in Wartime. By Marmaduke PIcK- THALL. § x 54. 216 pp. Dent. 5s. n. MUSIC. BuLuEBEARD. A Musical Fantasy. By Kate Dovcias Wiccin. 7 xX 4}. 58 pp. Harper. 2s. n. ORIENTAL. Tue Earty DEVELOPMENT oF MoHAMMEDANISM. Lec- tures delivered in the University of London, May and June, 1913. By D. Marcorrouts, D.Litt., Laudian Professor of Arabic in the University of Oxford. (The Hibbert Lectures, Second Series.) 83 x 5}. 265 pp. Williams and Norgate. 6s. n. PAMPHLETS. Immunity oF Sra-BorNE CoMMERCE FROM CapTuRE. By M. Pures Price. National Peace Council. 1d. POETRY. Darts oF Derrance. Sonnets and other Poems. By B.A. Mtecn. 7} 5. 110 pp. Lynwood. 2s. 6d. n. POLITICS. Home Rute anp Crviz War. An Appeal to the British People. By Esmé WINGFIELD-StRaTFoRD. 7} x 4}. 120 pp. Bell. 1s. n. REPRINTS. A Cuancep Man. Tue Waitinc Supper, &c. By Tuomas Harpy. Wessex Edition, Vol. XVIII. 9 x 53. 399 pp. Macmillan. 7s. 6d. n. Views AND Reviews. Essays in Appreciation. By W. E. Henvey. Literature. 7 x 44. 235 pp. Third Edition. Nutt. 5s. n. SCIENCE. Wrretess TeLtecrapHy. A Handbook for the Use of Operatorsand Students. By W.H.Marcuant. 74 x 5. 241 pp. Whittaker. 5s. n. SOCIOLOGY. Lup Makers AND CLUB Members. By T. H.S. Escort. 9 x 53. 352 pp. Fisher Unwin. 12s. n. Waite Suaves or Tom. By W. N. Wiis. 7} x 5. 208 pp. Pearson. Is. n. Lire-THEORY AND SocraLism. Essays by O. C. Ironsipe. 7 x 43. 96 pp. Milner. 6d. THEOLOGY. Some Counssts or S. Vincent De Pau, to which is appended the Thoughts of Mademoiselle le Gras (First Superior of the Sisters of Charity). Translated and selected by E. K. Sanpers. 7 x 4}. 144 pp. Heath, Cranton, and Ouseley. 1s. n. JUDAISM AND St. Paut. Two Essays. By C. G. Monre- FIORE. 74 x 5. 240 pp. Max Goschen. 2s. 6d. n. THe Cuurcu RevivaL. Thoughts Thereon and Reminis- cences. By.S. Barina Govunp. 9 x 5}. 407 pp. Methuen. 12s. 6d. n. Tue Winps or Dawn AnD OTHER PARABLES FROM NATURE. By T. Rarcrirre Barnerr. 7} x 5. 87 pp. Nisbet. 2s. n. TRAVEL. Catro or To-Day. A Practical Guide to Cairo and the Nile. By E. Reynoups-Batu. Seventh Edition. 6} x 44. 268 pp. Black. 2s. 6d. n. Tue Istes or Scrtty: Terr Story, THEIR FotK, AND THEIR FLowers. With 24 coloured illustrations by Jessie MorHersoue. Published by R.T.S. at 2s. 6d. n. Se ee LITERARY, DRAMATIC, AND MUSICAL NOTES. + = ‘OTES of a Son and Brother” is the title of Mr. Henry James’s sequel to ““A Small Boy and Others”; a continuation of his early reminiscences, with special reference to his father and to William James, but containing many portraits of other members of the family and the circle. The book is published by Macmillan & Co. at 12s. Volumes XIII. and XIV. of the Bombay edition of Mr. Rudyard Kipling’s works are to be published this month by Macmillan. They will contain “ The Day’s Work ”’ and “ Stalky & Co.” From the same firm of publishers there is to be expected, in May, Mr. H. G. Wells’s work, which is running scrially in the English Review —‘‘ The World Set Free, a Story of Mankind.” The title of Mr. Frankfort Moore’s new book —‘* The Ulsterman ’’—indicates its relation to the question of the hour. Though in the guise of fiction, it presents a serious portrait of the men who have now the eyes of the world upon them (Hutchinson & Co.). Mr. Douglas Sladen’s ‘“‘ Twenty Years of My Life ’’ is announced by Constable & Co. The subject of Mrs. Evan Nepean’s ‘* On the Left of the Throne”’ is the unhappy James, Duke of Monmouth, whom the author tries to see “through the eyes of the two people who knew and loved him better than anyone else in the world, Charles II. and Henrietta Lady Wentworth,” though without idealising him. A feature of the book is the very large number of Monmouth portraits which illustrate it, Mrs. Nepean frankly confessing her pleasure in his good looks (John Lane, 10s. 6d. net). “Children of the Dead End, the Auto- biography of a Navvy” is by Mr. Patrick MacGill, who in a foreword says that most of his story is autobiographical, but asks a little allowance for the pen of the novelist. Ireland  190 and Scotland provide the scene of the greater part of the book, there is a short interlude in Fleet Street, and the story ends tragically in Glasgow (Herbert Jenkins). : ( “Ravenna” is a geographical, historical, and critical study of the great Italian city which the author, Mr. Edward Hutton, calls the only remaining monument of the Dark Age—the period between Antiquity and the Middle Age (Dent, 10s. 6d. net). : Mr. Ernest A. Baker’s ‘‘ Guide to Historical Fiction” (Routledge, 21s. net) follows the lines of his ‘‘ Guide to the Best Fiction in English,” and is much more than an enlargement of his earlier ‘‘ History in Fiction,” we are told. The second section of Dr. Edwin A. Abbott’s work, ‘‘ The Fourfold Gospel,”’ has been issued by the Cambridge University Press at 12s. 6d. net. It is part of the close and voluminous examination of the text of the Christian Gospels and its interpretation, on which Dr. Abbott has long been engaged. Dr. Charles Sarolea is the editor of the Collection Gallia” (Dent & Sons), the object of which is to spread the best French literature at a low price throughout the world. The first volumes include works by Balzac, Flaubert, Pascal, de Musset, etc. To the volume ‘‘ With Hunter, Trapper and Scout in Camp and Field”’ a story entitled “War Scouts at Tripoli” is contributed by Miss Ena Fitzgerald (Holden and Hardingham, 5s. net). ‘Simplified Spelling,” described as an appeal to common sense, is the third edition of a paper-covered booklet issued by the Simplified Spelling Society—as it spells itself on cover and title-page. Professor Gilbert Murray is the President—or Prezident—of the reformers. Four reprints of Miss Belham-Edwards’ works have appeared within the last few months, notably that of her first novel, ‘‘ The White House by the Sea” (1857), lately republished by Baron Tauchnitz and Collins, Glasgow, and ‘“‘ The Lord of the Harvest ” (1889), added to the Oxford Press ‘‘ World’s Classics,” 1918, with a preface by Mr. Frederic Harrison. The same writer’s ‘ Pearla ’’—published simultaneously in London, Leipzig and New York (Harper) in 1881—was lately re-issued in Arrowsmith’s tasteful 1s. novel series, and the seventh and popular edition of her “* Home Life in France’ has just appeared from the house of Methuen. A new edition (among others forthcoming) of a very early novel will also be published shortly THE AUTHOR. This is ‘‘ Doctor Jacob,” the proofs of which were corrected by the author on the wedding day of Edward VII. and Queen Alexandra, March 10, 1868, and which was published the following year. The book went out of print with the “ yellow- backs ’’ in 1894 or thereabouts, but has since by a famous house. been often reprinted by Baron Tauchnitz. It will be seen, therefore, that this early Victorian has no reason to complain of neglect by Georgian publishers and readers. “* Acute General Miliary Tuberculosis ”’ is the name of a work by Professor G. Cornet, of Berlin and Reichenhall, translated by Mr. F. S. Tinker, late Senior Resident and Oph- thalmic Assistant to the Royal Infirmary, Liverpool (Bale, Sons, and Danielsson, 6s. net). A sevenpenny edition of Mr. Charles. Garvice’s ‘‘ Better than Life ’’ was published last month by Hodder and Stoughton. K. L. Montgomery’s forthcoming romance, ‘“* Kars of Leather,’ will be published by John. Long, Ltd. ‘‘ Ears of Leather” deals with the witch persecutions of Massachusetts in 1692, which the historian Lecky has styled “one of the tragedies of humanity.” K. L.. Montgomery has been recently engaged on a series of articles on North Italian cities, for: The Car Illustrated. Mrs. Mary F. Raphael’s novel, ‘‘ Phoebe Maroon,”’ a story dealing with the life of an artist’s model, was published last month by Heath, Cranton, and Ouseley. Mrs: F. R. M. Fursdon’s novel, ‘‘ The Story of Amanda,’ will be published in May by Simpkin, Marshall, Hamilton, Kent & Co. The prologue gives Amanda’s peculiar parent-- age; and the book, her transitions from childhood in the slums of a provincial city to life in a big country house during a General Election. Mr. G. B. Lancaster’s earlier stories of the South Seas, ‘‘ Sons 0’ Men” and ‘“‘ The Altar Stairs,” have been published in a shilling edition by Hodder and Stoughton, who are bringing out a third, “‘ The Spur,” later in the year. The new number of Poeiry and Drama,. edited by Mr. Harold Monro, includes poems by Messrs. Maurice Hewlett, Ezra Pound, etc. The Poetry Bookshop, which publishes this quarterly, has issued a shilling anthology of the Italian Futurist poets, compiled by Mr.. Monro. The spring announcements of Constable &. Co. include “‘ Cuddy Yarborough’s Daughter,” by Miss Ura L. Silberrad; ‘‘ Dust from the-  THE AUTHOR. Loom,” by Mr. James Noble; and a second impression of ‘‘ The Making of an Englishman,”’ by Mr. W. L. George. Miss Beatrice Chase’s Devonshire novel, **The Heart of the Moor,” has appeared with a prefatory note by the publisher, Mr. Herbert Jenkins, who explains how not only his four expert readers, but he himself, were compelled to defer their opinions to the author’s with regard to the book. Miss Jean Middlemass’s new serial, ‘‘ His Lordship’s Will,” is to appear in the news- papers connected with the National Press Agency next year. K. M. Edge (Mrs. Caulfield) has published her novel “Through the Cloudy Porch” through John Murray. Mrs. Helen H. Watson’s ‘‘ Rebecca of the Fells,’’ published by the Religious Tract Society, opens on the Lancashire Fells, whence the reader is taken to British Columbia. The same author’s “* When the King Came South,”’ is being added to the Leisure Hour Monthly Library (6d.). Mr. Edward Wilmore, author of ‘“ East London Visions,’’ has a new book, ‘‘ Scril, a Story of the Stone Age ” (Longmans, Green & Co., 1s.). ‘** Miss Rossiter’s Reputation,”’ being an ex- posure of the narrowness and bigotry of English provincial life, by Mr. E. Newton Bungay, is to be published next month by Lynwood & Co. Mr. John Haslette, who has a serial running in the Daily News, has written a novel, which will be published this spring by Messrs. Smith, Elder & Co. The title is ‘‘ Johnnie Maddison,”’ and the story deals with a man’s struggle against the convention which holds that a man should not “ tell on ”’ a friend. Mrs. R. E. Salwey’s new novel is the story of a youngster, well placed in life, and en- dowed with great physical strength, who puts his instructors to flight by intimidation. Eventually the right man takes him the right way. The education lasts one day; after that it is self-education, and the real goodness of the hero’s nature comes out (Digby, Long & Co., 6s.). A new novel, entitled ‘“‘ Megan of the Dark Isle,” by Mrs. J. O. Arnold, author of ‘‘ The Fiddler,” ete., will shortly be published by Alston Rivers. The scene is laid in the Island of Anglesey. Early this month is to be published a monthly magazine, The Photo-Play Writer, aiming to give practical information to both beginners and experts in the rapidly increasing 191 body of British authors writing plays for the picture theatres. The editor is Mr. Ernest A. Dench, and the magazine may be obtained from 17, Frederick Crescent, Brixton, by subscription only. A new (acting) version of I. Hearne’s play “Queen Herzeleid,’’ is being published this month under the title of “The Mother of Parsifal ”’ (David Nutt). There will be a long Elizabethan poem by Dorothy Margaret Stuart in the May Pall Mall Magazine, entitled “Spring in the South Seas, 1572.” Messrs. Methuen are publishing early in April a sezies of letters written by Miss Grace Ellison, and entitled ‘‘Life in a Turkish Harem.” DRAMATIC. ** The Quod Wrangle,”’ a farcical comedy by Mr. Oliphant Down, was presented at the Apollo Theatre on March 38. Mr. Seymour Hicks’s one-act musical play, ‘*The Model and the Man” was put on as curtain-raiser at the Prince of Wales’s Theatre on March 4. The first performance of Mr. Alfred Sutro’s new comedy, “‘ The Two Virtues,” took place at the St. James’s Theatre on March 5. On March 10 Mr. Edward Knoblauch’s ** ¥ismet ”’ was revived at the Globe Theatre. ‘* After Twenty Years,’’ a short sketch by Miss Cicely Hamilton, was seen at the Coronet Theatre on March 12, the author herself taking the part of the mother. Two afternoon performances took place at the Court Theatre on March 27 and 80 of a play founded by Mr. H. J. Twyford on Mrs. Charlotte Mansfield’s ‘“* The Girl ana the Gods.” ‘* Helen with the High Hand,” Mr. Richard Price’s adaptation of Mr. Arnold Bennett’s novel, was visited last month by the celebrated ‘* deportes ’’ from South Africa. Mr. Bernard Shaw’s ‘‘ Pygmalion” is in rehearsal at His Majesty’s Theatre, and the first night is fixed for the 11th instant. Mrs. Percy Dearmer’s “‘ Brer Rabbit: a Musical Frolic ”’ is to be seen at five matinées at the Little Theatre, commencing on Easter Monday. Sir Edward Elgar will this summer lay the foundation stone of the Glastonbury Festival Playhouse, which is to be built primarily for British music-drama, including the Arthurian eycle, composed and written by Messrs. Reginald R. Buckley and Rutland Boughton. ‘** Caprice ’’ by Mrs. V. C. Greenaway is the title of a one-act play which was produced by 190 and Scotland provide the scene of the greater part of the book, there is a short interlude in Fleet Street, and the story ends tragically in Glasgow (Herbert Jenkins). : “Ravenna” is a geographical, historical, and critical study of the great Italian city which the author, Mr. Edward Hutton, calls the only remaining monument of the Dark Age—the period between Antiquity and the Middle Age (Dent, 10s. 6d. net). Mr. Ernest A. Baker’s ‘‘ Guide to Historical Fiction ” (Routledge, 21s. net) follows the lines of his ‘‘ Guide to the Best Fiction in English,” and is much more than an enlargement of his earlier ‘‘ History in Fiction,”’ we are told. The second section of Dr. Edwin A. Abbott’s work, ‘‘ The Fourfold Gospel,” has been issued by the Cambridge University Press at 12s. 6d. net. It is part of the close and voluminous examination of the text of the Christian Gospels and its interpretation, on which Dr. Abbott has long been engaged. Dr. Charles Sarolea is the editor of the «Collection Gallia’? (Dent & Sons), the object of which is to spread the best French literature at a low price throughout the world. The first volumes include works by Balzac, Flaubert, Pascal, de Musset, etc. To the volume ‘‘ With Hunter, Trapper and Scout in Camp and Field”’ a story entitled ‘‘War Scouts at Tripoli” is contributed by Miss Ena Fitzgerald (Holden and Hardingham, 5s. net). ‘Simplified Spelling,” described as an appeal to common sense, is the third edition of a paper-covered booklet issued by the Simplified Spelling Society—as it spells itself on cover and title-page. Professor Gilbert Murray is the President—or Prezident—of the reformers. Four reprints of Miss Belham-Edwards’ works have appeared within the last few months, notably that of her first novel, “* The White House by the Sea” (1857), lately republished by Baron Tauchnitz and Collins, Glasgow, and ‘‘ The Lord of the Harvest ”’ (1889), added to the Oxford Press ‘* World’s Classics,” 1918, with a preface by Mr. Frederic Harrison. The same writer’s ‘* Pearla ’—published simultaneously in London, Leipzig and New York (Harper) in 1881—was lately re-issued in Arrowsmith’s tasteful 1s. novel series, and the seventh and popular edition of her “‘ Home Life in France”’ has just appeared from the house of Methuen. A new edition (among others forthcoming) of a very early novel will also be published shortly THE AUTHOR. by a famous house. This is “‘ Doctor Jacob,” the proofs of which were corrected by the author on the wedding day of Edward VII. and Queen Alexandra, March 10, 1863, and which was published the following year. The book went out of print with the “ yellow- backs ”’ in 1894 or thereabouts, but has since been often reprinted by Baron Tauchnitz. It will be seen, therefore, that this early Victorian has no reason to complain of neglect by Georgian publishers and readers. ** Acute General Miliary Tuberculosis ”’ is the name of a work by Professor G. Cornet, of Berlin and Reichenhall, translated by Mr. F. S. Tinker, late Senior Resident and Oph- thalmic Assistant to the Royal Infirmary, Liverpool (Bale, Sons, and Danielsson, 6s. net). A sevenpenny edition of Mr. Charles. Garvice’s ‘‘ Better than Life’ was published. last month by Hodder and Stoughton. K. L. Montgomery’s forthcoming romance, ‘‘ Ears of Leather,” will be published by John. Long, Ltd. ‘‘ Ears of Leather” deals with. the witch persecutions of Massachusetts in 1692, which the historian Lecky has styled ‘‘one of the tragedies of humanity.” K. L.. Montgomery has been recently engaged on a series of articles on North Italian cities, for The Car Illustrated. Mrs. Mary F. Raphael’s novel, ‘‘ Phoebe Maroon,”’ a story dealing with the life of an artist’s model, was published last month by Heath, Cranton, and Ouseley. Mrs: F. R. M. Fursdon’s novel, “* The Story" of Amanda,” will be published in May by Simpkin, Marshall, Hamilton, Kent & Co. The prologue gives Amanda’s peculiar parent-- age; and the book, her transitions from childhood in the slums of a provincial city to life in a big country house during a General Election. Mr. G. B. Lancaster’s earlier stories of the South Seas, ‘‘Sons 0’ Men” and “ The Altar Stairs,” have been published in a shilling: edition by Hodder and Stoughton, who are bringing out a third, “‘ The Spur,”’ later in the year. The new number of Poetry and Drama,. edited by Mr. Harold Monro, includes poems by Messrs. Maurice Hewlett, Ezra Pound, etc. The Poetry Bookshop, which publishes this quarterly, has issued a shilling anthology of” the Italian Futurist poets, compiled by Mr.. Monro. The spring announcements of Constable &: Co. include *“* Cuddy Yarborough’s Daughter,” by Miss Ura L. Silberrad; ‘‘ Dust from the-  THE AUTHOR. Loom,”’ by Mr. James Noble; and a second impression of ‘‘ The Making of an Englishman,”’ by Mr. W. L. George. Miss Beatrice Chase’s Devonshire novel, “The Heart of the Moor,” has appeared with a prefatory note by the publisher, Mr. Herbert Jenkins, who explains how not only his four expert readers, but he himself, were compelled to defer their opinions to the author’s with regard to the book. Miss Jean Middlemass’s new serial, ‘‘ His Lordship’s Will,” is to appear in the news- papers connected with the National Press Agency next year. K. M. Edge (Mrs. Caulfield) has published her novel “Through the Cloudy Porch” through John Murray. Mrs. Helen H. Watson’s ‘‘ Rebecca of the Fells,’ published by the Religious Tract Society, opens on the Lancashire Fells, whence the reader is taken to British Columbia. The same author’s ‘‘ When the King Came South,” is being added to the Leisure Hour Monthly Library (6d.). Mr. Edward Wilmore, author of ‘* Kast London Visions,’’ has a new book, “ Scril, a Story of the Stone Age ’’ (Longmans, Green & Co., ls.). ‘* Miss Rossiter’s Reputation,”’ being an ex- posure of the narrowness and bigotry of English provincial life, by Mr. E. Newton Bungay, is to be published next month by Lynwood & Co. Mr. John Haslette, who has a serial running in the Daily News, has written a novel, which will be published this spring by Messrs. Smith, Elder & Co. The title is ‘‘ Johnnie Maddison,”’ and the story deals with a man’s struggle against the convention which holds that a man should not “ tell on ”’ a friend. Mrs. R. E. Salwey’s new novel is the story of a youngster, well placed in life, and en- dowed with great physical strength, who puts his instructors to flight by intimidation. Eventually the right man takes him the right way. The education lasts one day; after that it is self-education, and the real goodness of the hero’s nature comes out (Digby, Long & Co., 6s.). A new novel, entitled ‘“‘ Megan of the Dark Isle,” by Mrs. J. O. Arnold, author of ‘‘ The Fiddler,’ etc., will shortly be published by Alston Rivers. The scene is laid in the Island of Anglesey. Early this month is to be published a monthly magazine, The Photo-Play Writer, aiming to give practical information to both beginners and experts in the rapidly increasing 191 body of British authors writing plays for the picture theatres. The editor is Mr. Ernest A. Dench, and the magazine may be obtained from 17, Frederick Crescent, Brixton, by subscription only. A new (acting) version of I. Hearne’s play *“ Queen Herzeleid,”’ is being published this month under the title of ‘‘ The Mother of Parsifal ’’ (David Nutt). There will be a long Elizabethan poem by Dorothy Margaret Stuart in the May Pail Mall Magazine, entitled “Spring in the South Seas, 1572.” Messrs. Methuen are publishing early in April a sezies of letters written by Miss Grace Ellison, and entitled ‘‘Life in a Turkish Harem.” DraMatTIc. ‘** The Quod Wrangle,”’ a farcical comedy by Mr. Oliphant Down, was presented at the Apollo Theatre on March 3. Mr. Seymour Hicks’s one-act musical play, ‘The Model and the Man” was put on as curtain-raiser at the Prince of Wales’s Theatre on March 4. The first performance of Mr. Alfred Sutro’s new comedy, “ The Two Virtues,” took place at the St. James’s Theatre on March 5. On March 10 Mr. Edward Knoblauch’s ‘** }fismet ”’ was revived at the Globe Theatre. ** After Twenty Years,’’ a short sketch by Miss Cicely Hamilton, was seen at the Coronet Theatre on March 12, the author herself taking the part of the mother. Two afternoon performances took place at the Court Theatre on March 27 and 30 of a play founded by Mr. H. J. Twyford on Mrs. Charlotte Mansfield’s ‘“* The Girl ana the Gods.”’ ‘** Helen with the High Hand,” Mr. Richard Price’s adaptation of Mr. Arnold Bennett’s novel, was visited last month by the celebrated ‘* deportes ’’ from South Africa. Mr. Bernard Shaw’s ‘“ Pygmalion” is in rehearsal at His Majesty’s Theatre, and the first night is fixed for the 11th instant. Mrs. Percy Dearmer’s ‘‘ Brer Rabbit: a Musical Frolic ’’ is to be seen at five matinées at the Little Theatre, commencing on Easter Monday. Sir Edward Elgar will this summer lay the foundation stone of the Glastonbury Festival Playhouse, which is to be built primarily for British music-drama, including the Arthurian cycle, composed and written by Messrs. Reginald R. Buckley and Rutland Boughton. ‘** Caprice” by Mrs. V. C. Greenaway is the title of a one-act play which was produced by 192 West End Productions, Limited, on March 11, at the London Pavilion. The play deals with the action of a young wife who leaves her cold- hearted husband for a warm-hearted lover, ‘only to discover that she loves her husband better than she had imagined, and eventually returns to him. Musica. Messrs. Curwen & Sons have published “A Federal Song ” for unaccompanied chorus, written by Mr. Reginald R. Buckley and composed by Mr. Edgar L. Bainton. ‘Men of Ulster ” is the name of a new song, of which both the words and the music are by Mr. Rowland R. Gibson. —————01— > o__—_ PARIS NOTES. ras a A REVOLTE des Anges ”’ is the title of the book just published by Anatole France. its thirty-third edition. “‘Chyistianisme et Culture Féminine,” by Lucie Félix-Faure Goyau, is a volume pub- lished since the death of this author. It contains a series of chapters on various subjects and, as we are told in the preface by her husband, had Madame Goyau been spared, we should probably have had another chapter forming a general study of the subjects treated in this volume. The first five chapters are devoted to the history of Radegonde, the romantic story of the young girl who was married against her wish to Clotaire, and who, after the murder of her brother by her husband, took refuge in a convent. Madame Goyau shows us, in these chapters, the culture of convent women in the sixth century, and we see in Radegonde the earliest of the women poets of France. ‘The next ten chapters treat of the culture of women of the Middle Ages. The first French authoress was Dhuoda, Duchess of Aquitaine, who wrote a book for her sons, inspired as she was by great grief, after having her second son taken away from her by her husband and not being allowed to know by what name the child was to be called. Dhuoda died in 1843. Madame Goyau gives us many examples, showing the remarkable culture of women in the Middle Ages and during the Renaissance. The second part of this volume is devoted to the mysticism of women and, in the last chapters, we have a remarkable study of Juliane of Norwich, an English recluse of the It is already in THE AUTHOR. fourteenth century. The whole volume is written with that scholarly precision and conscientiousness which were always such marked features of this author’s works. Thanks to her knowledge of foreign languages, Madame Goyau was able to draw her examples from many sources. She was a great optimist and a gifted psychologist. On closing the book, one can only regret the ‘“ unwritten chapter,” which was to have united all these separate studies. a After ‘‘ Napoléonette,”’ Gyp gives us another of her historical novels: ‘‘ La Dame de Saint- Leu.” Her documentation is as fictitious as her fiction, but Gyp’s dialogue is always amusing. English readers will recognise in the Baronne de Feuchéres, the famous Sophie Dawes, that English adventuress about whom so much has been written. Napoléonette reappears in this novel, but she is now the mother of four boys. Gyp’s story begins in 1824, and her chief personage is the last of the Condés, the Duc Louis-Henri-Joseph de Bourbon, who is found dead in his room at Saint-Leu a few weeks after the July revolu- tion of 1830. It will be as well for foreign readers to remember that the book is fiction and not history. ‘““ Nous, les méres,”’ the new novel by Paul Margueritte, is a story very true to life. It is the eternal history of a devoted mother who sacrifices her whole existence to her husband and children. When, as a widow, she might expect some return from her children for her devotion to them, her daughter is with her husband in Russia, and her son and daughter - in-law expect from her the last sacrifice possible. ‘To save their honour, she sells her home and retires to a little house in the country to live out the rest of her lonely life. With all the delicacy of a clever psychologist, Paul Margueritte tells this story simply and shows us all the pathos and reality of it. “Le Monde des Aveugles,” par Pierre Villey, is a valuable addition to the Bibliotheque de Philosophie Scientifique. It is written by a man who is blind and who, in spite of this terrible affliction, pursues his studies, is extremely intellectual, and has given to the world the result of his valuable historical researches. M. Villey writes on the subject of the intelligence and the psychology of the blind man. He shows us how the other senses should be educated and rendered capable to compensate, in a certain measure, for the lack of the visual sense. The author shows us how it is possible for blind men to be interested in travel, in nature, and in all the arts except :  THE AUTHOR. painting, so that it is quite possible for them to earn their living and to take their place in “the world. The book is extremely interesting and should be widely read. “‘Le Bourgeois aux champs,” by M. Bricux, is being played at the Odéon. A retired barrister, who is a Socialist, buys an estate and endeavours to introduce new ideas in the country. The villagers have very little faith in his innovations. Disappointed on every side, the would-be Socialist decides to enter Parliament. M. Brieux expresses, by his various personages, his opinions on the political and social problems of our times. The ‘‘ Little English Theatre ’’ is mecting with great appreciation here, and Mr. Philip Carr may be congratulated on his venture. Two of Synge’s plays and one_ of Bernard Shaw’s drew a large public. M. Poincaré requested that a box might be reserved for him, the American Ambassador and his family occupied another one, and the Dowager Duchess d’Uzés a third. Among those present were Monsicur and Madame Boutroux, the Marquise de Ségur and many notabilities of the French literary world. Axrys HAaiarp. “La Révolte des Anges”? (Calmann-Levy). “ Christianisme et Culture Féminine” (Perrin). “ Napoléonette” (Calmann-Levy). “ Nous, les méres” (Plon). “Le Monde des Aveugles” (Flammarion). —__—_+—_>_+____—__- PUBLISHERS’ METHODS. DEFERRED ROYALTIES. N the early days of the Society it was by no means an uncommon practice for publishers to purchase authors’ works outright for a lump sum. Indeed, the practice, though less prevalent than it once was, still obtains, especially in con- nection with a certain class of book—notably children’s. It is not a method of publication to which any author should assent, first, because it is almost impossible for him to estimate the value of his work beforehand; and, secondly, because under it he loses practically all control over his work, which the purchaser may hold up or publish according to his own convenience, and in many cases to the great: inconvenience of the author. Old books, with the copyright of which their authors have parted, have, before now, been known to re-appear on the market in time to damage the sale of the writer’s more mature work. But it is rather with financial considerations 193 that we would deal in this article. Given a° royalty agreement, the author is able, if he seeks the advice of the Society, to insure getting a share in the success of his work, if such success, in the form of large sales, awaits it. Unfortunately there are both good and bad royalty agreements, and those latter royalty agreements are often deferred royalty agreements. Under a deferred royalty | agreement the author may—in practice, very often does—get nothing. ‘This method of pub- lishing is not uncommon. ‘Though a suit- able arrangement can be come to on the deferred royalty basis, still,,in nine cases out of ten, the contract is to the disadvantage of the author. The publisher, eloquent on the subject cf the risk incidental to the publication, persuades the author to let him have the first 500, 750, or even 1,000 copies of his book “free of royalty.” To make the agreement fair, after these sales the author ought to have a proportionately higher royalty and the publisher less profit, because he has recovered his outlay, and there is no further risk to be run. After that number has been sold, the author receives 10 per cent., 124 per cent., or even 15 per cent. Somehow or other the book seldom sells beyond the number on which no royalty is payable, and the larger the number free of royalty the less likelihood is there of an increasing sale; indeed, one publisher who had the free sale of 1,000 copies, printed that number and then broke up the type. But even if he had printed more than the number free of royalty, it does not then follow that the author will receive anything. For example, assuming 750 is the number on whicn the publisher pays no royalty, he will print an edition of 1,000 copies. After the 750 copies have been sold, he will discover that the sale is beginning to drop. Deducting the review copies (say 100) the publisher is left with 150 copies on hand. If he is to sell these at the full published price, he may have to incur additional advertisement expendi- ture from his point of view quite incommensurate with the returns from the sales. Rather than do this, he sells the book as a “ remainder,” interpreting the term ‘ remainder sale” to cover any sale at less than what he calls “the usual trade terms,” and by a clause he has been careful to insert in the agreement, pays the author 5 per cent. on the nett proceeds. It may often pay the publisher to sell the book thus cheaply, rather than to sell it at “the usual trade terms,” with the obligation to pay the author the royalty mentioned in the agree- ment. But if the publisher has put the author's royalty after the free sales as high as 20 per cent. or 25 per cent., the temptation to remainder the book is obvious. In short, what the publisher loses by selling the book as a “remainder” he 194 may easily recover at the expense of the author's royalty. This does not necessarily happen; much must depend upon the publisher, and the aphorism <* business is business,’ undergoes different inter- pretation at different hands. However, an agreement has been brought to the Society providing for a royalty even more deferred than has been indicated by the figures above. The clause runs :— ‘All copies sold of the said work within twelve months of the date of publication shall carry no royalty to the author, but on all copies sold after the expiration of the first twelve months after publication the publisher agrees to pay to the author and the author agrees to accept a royalty of . . . of the nominal published price on sales of the 6s. edition. and a royalty of 7% per cent. of the nominal published price on the sales of any cheaper edition or editions.” Now all publishers assert that the largest sales of a novel occur either on subscription before publication, or within the first four months after publication. Most publishers will inform an author that a book is dead at the end of six months, and all publishers will inform an author that the ordinary novel is dead at the end of twelve months, unless for some special reason the vitality of a book carries it forward for two or three years, or, perhaps, even longer. Therefore, when a publisher puts a clause of this kind into an author’s agreement, he must know that to all intents and purposes he is asking the author to give him the book for nothing, and most publishers, if they were asked to answer on oath in the witness-box, would corroborate this statement. It is quite true that if the author desires to give the publisher his work for nothing, there is nothing to prevent him from doing so, but it is a question as to how far, when a pub- lisher inserts such a clause in his agreement, he is bound to explain the effect of it to the author —to the author who is most probably ignorant of the fact that the ordinary novel is dead in six months. But there is this further difficulty, that the authors’ and the publishers’ interests are not in common ; that there is no stimulus whatever for the publisher to push the book beyond the first twelve months if it has had anything like an ordinary sale. In fact there is every reason why he should not do so. A publisher’s object is naturally to turn over his capital, and to make a percentage on it; when this object has been obtained, it may often be good tactics to take the book off the market, to make way for new books that are constantly coming forward. It is often more remunerative for the publisher to act thus than to expend labour in pushing the author's work into another edition of 1,000 or 2,000 copies. THE AUTHOR. THE U.S.A. AND CUSTOM DUTIES. Boarp oF APPRAISERS HOLDS THAT THE Royatty ON Booxs ImportTeD IN SHEETS 1s Not Part oF THE ForEIGN MARKET VALUE. Tr an important test case standing in the name of E. B. Dutton & Co., the Board of United States General Appraisers rendered a decision favourable to the Dutton Company. The precise question before the Board was whether a royalty of 10 per cent. of the retail price of a bound book was to be included as a part of the foreign market value of the printed unbound sheets of such book. It appeared from the testimony that Dutton & Co. ordered the unbound sheets with the intention of binding the books in the States. The firm also agreed to pay Methuen & Co., the owners of the English copyright, a royalty of 10 per cent. on each book sold, the American selling price of which was fixed at $1.35 per volume. The appraising officers at New York included the 10 per cent. royalty in the foreign market price, and exacted duty accordingly. Dutton & Co. appealed to the reappraisement division of the Board of General Appraisers, where arguments in sup~ port of the importers were made by James F. Curtis, until recently Assistant Secretary of the Treasury Department, in charge of cus- toms, William L. Wemple, Assistant Attorney- General of the Department of Justice appearing for the Government. It was contended by the importers that the royalty being fixed upon the retail price of the finished book, which is more than eight times the price paid for the unbound sheets, is not a part of the foreign market value. Three reasons were adduced in support of the con- tention. The first was that the royalty was not properly payable on the value of the sheets, but upon the value of the retail price of the finished book. The second point was that the royalty did not attach to the sheets and would never become due and payable if the sheets remained unbound after importa- tion; and, thirdly, that the royalty attached only to the finished book, and even then became due and payable only upon the actual sale of the volume by the importers. The decision continues : Appellants further contend, and it is not here disputed, that such sheets are not sold in wholesale quantities in the British Empire, and that therefore there is no wholesale foreign market value in the country from whence  Bey THE AUTHOR. imported. They also contend, and neither is this disputed, that such sheets are not sold in wholesale quantities in the United States, and that therefore there is no basis for determining their foreign market value under the last pro- vision in sub-section 11 of section 28 of the Tariff Act of 1909. It is unquestioned that both of these con- tentions are well-founded, and such being the case, there remains only as the basis upon which foreign market value may be deter- mined, the cost of production as provided in the first part of sub-section 11, supra, but then the query presents itself whether there must be added to the cost of production thus ascer- tained the royalty to be paid as hereinbefore set forth. In thus determining the cost of production there is to be included the cost of material, cost of fabrication, all general ex- penses, and expense of preparing and putting up the merchandise ready for shipment, and an addition of not less than eight nor more than fifty per centum of the total cost as thus ascertained. Assuming the cost of the completed sheets to be correctly stated at 34d., it is at once apparent that the entered value was more than sufficient to include all the elements of cost of production as contemplated by the first pro- vision of sub-section 11, swpra, and more than ample to make foreign market value as thus ascertained, unless the royalty to be paid upon the actual sale by the publisher of the bound book is to be included as a part thereof. Our attention is brought to certain cases wherein it has been held by the Board and the Courts that royalties paid by purchasers were properly included in the dutiable value of the merchandise for the reason that the amounts paid as such royalties were parts of the cost. In the case at bar it may hardly be said, we think, that royalty agreed to be paid upon the sale in the United States of the bound book was a part of the purchase price of the unbound sheets; but even though it were we think it does not exactly follow in determining the foreign market value of the sheets that the full amount or even part of such royalty must be included. It is not at all unusual for appraising officers to find the foreign market value of merchandise to be less than the invoice and entered value, and even less than the price actually paid for the merchandise. Such, in fact, may be necessary to a compliance with the law under certain circumstances. Sub-section 10 of the Act of 1909, swpra, imposes upon all appraisers of the United States, and every person who shall act 195 as such, the duty of appraising (any invoice or affidavit thereto or statement of cost, or of cost of production to the contrary notwithstanding) the actual market value and wholesale price of merchandise at the time of exportation to the United States. As has already been stated, unbound sheets similar to those here involved are not sold in wholesale quantities in the country of production and from whence imported, hence resort in determining foreign market value thereof must be had in the pro- cedure laid down in sub-section 10, supra. Although it does not appear in the stenographic report of the proceedings before the Board, it was announced on the hearing that the appraiser in fixing the foreign market value of these sheets was guided and controlled by the directions promulgated by Assistant Secretary of the Treasury Curtis, contained in a depart- ment Circular dated June 7, 1918, which, so far as applicable were as follows : ‘“©(2) That when such books, which are only sold at retail abroad, are imported in sheets, the actual price paid by the pur- chaser, not including the royalty charge, if any, should be taken as the market value for appraisal purposes, provided that in no. instance shall the appraised value be less than 124 per cent. of the foreign published price.” The rule of guidance thus promulgated, and followed, was an arbitrary one, and was of course wholly without warrant in law. It was repugnant to the very plain provisions of the statute, and a foreign value fixed there- under might only by the merest chance be a lawful one. We do not overlook the fact that in some instances the Board has heretofore held that royalties were properly included in the foreign market value, and it may be readily appre- ciated that conditions attending sales in whole- sale quantities of merchandise for consumption in the country of production might be such as to make the royalty part of the selling price, in which ease it should, of course, be included in the appraised value of like merchandise imported into the United States; and it is therefore not our purpose here to overrule any decision of the Board which may be in apparent conflict with the views here imposed. In the case at bar, however, we are satisfied from the detailed facts of the purchase that the royalty to be paid on the bound book after sale in the United States is no part of the foreign value of the sheets, and that the invoice values represent the full foreign value thereof; and for these reasons we sustain the entered value of each of the items. 196 HOW TO USE THE SOCIETY. — 9 1. 7\ VERY member has a right toask for and to receive HK 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 ordinarysolicitors. Therefore, do not scruple to use the Society. 3. Before signing any agreement whatever, sen 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 The 7. Many agents neglect to stamp agreements, 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. ee gg WARNINGS TO THE PRODUCERS OF BOOKS. —t——+ — 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, ¢f a proper price can be THER AUTHOR. 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 tights. (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 isnow possible for an author to ascertain approximately the truth. From time to time very important figures connected with royalties are published in Zhe Author, IY. A Commission Agreement. The main points are :-— (1.) Be careful to obtain a fair cost of production. (2.) Keep control of the-advertisements. (3.) Keep control of the sale price of the book, General. All other forms of agreement are combinations of the four above mentioned. Such combinations are generally disastrous to the author, Never sign any agreement without competent advice from the Secretary of the Society. Stamp all agreements with the Inland Revenue stamp. Avoid agreements by letter if possible. The main points which the Society has always demanded from the outset are :— : C1.) That both sides shall know what an agreement means, (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. eg =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, ,  id |. play are distinct from literary copyright. Bis « (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 inadvance 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 (‘.c., 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 (0.) 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 anyevent. It is extremely important that the amateur rights of one-act plays should sd 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 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. —— oe REGISTRATION OF SCENARIOS AND ORIGINAL PLAYS. 1+ CENARIOS, typewritten in duplicate on foolscap paper S 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 theauthor 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 2s. 6d. per act. THE AUTHOR. 197 DRAMATIC AUTHORS AND AGENTS. —_-—<—+ —_ 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. —_——\!_+-—>—_-—__ 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 musical 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. ———__—~—_______ 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, ——-— ____ THE READING BRANCH. —— + : EMBERS will greatly assist the Society in this M 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, —_-—>—_- REMITTANCES. ed 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,  COLLECTION BUREAU. a HE Society undertakes to collect accounts and money due to authors, composers and dramatists. 1. Under contracts for the publication of their works. 2. Under contracts for the performance of their works and amateur fees. 3. Under the Compulsory Licence Clauses of the Copy- right Act, i.e., Clause 3, governing compulsory licences for books, and Clause 19, referring to mechanical instrument records. The Bureau is divided into three departments :— 1. Literary. 2. Dramatic. 3. Musical. The Society does not desire to make a profit from the collection of fees, but will charge a commission to cover expenses. If, owing to the amount passing through the office, the expenses are more than covered, the Committee of Management will discuss the possibility of reducing the commission. For full particulars of the terms of collection, application must be made to the Collection Bureau of the Society. AGENTS. Holland . . ; A. REYDING. United Statesand Canada. WALTER C. JORDAN. Germany . Mrs PoGson. The Bureau is in no sense a literary or dramatic agency for the placing of books or plays. ———_—_+- > ___—___ GENERAL NOTES. — Tur ANNUAL GENERAL MEETING. Tyr Annual General Meeting of the Incor- porated Society of Authors will be held on Friday, April 17, at 1, Central Buildings, at 4.30. Notice of the meeting will be sent to all the members in the course of a few days. Music PuBLISHERS AND PERFORMING RicHTs. WE are pleased to see from the Publishers’ Weekly of the U.S.A. that there has been a meeting of the American authors, composers and publishers in New York City, in order to start a society to control the performing rights in music. This is a very important advance and we think the composers of our Society ought to make every effort to meet the pub- lishers with a view to establishing the same control over the performing rights. The real question, however, is, will the publishers meet the composers? The last time the composers wrote to the Music Publishers’ Association the secretary had to write three times before he received the courtesy of a reply. The associa- tion then regretted they were unable to THE AUTHOR. discuss the matter the composers put before them. We do not wish to criticise the non-possumus attitude of the music publishers, but merely would remark that this kind of attitude has been adopted in years gone by both by pub- lishers and theatrical managers ; but these have after mature consideration thought better of the matter. We hope, therefore, that the Music Publishers’ Association will give the matter their mature consideration, and that such mature consideration will place them in a better frame of mind to consider, not only what are the composers’, but what are also their own interests. With regard to performing rights, un- fortunately the music publishers have so long thrown these away that it may be difficult to come to any satisfactory arrangement, but this is no reason why a matter of such vital importance should not be discussed between the parties interested. ——__—. <> —____ AUSTRALIAN COPYRIGHT REGISTRATION. N the January number of The Author there appeared a General Note emphasising the importance of registration by authors, especially dramatic authors, of their copyright under the new Australian Act. In accordance with that note, the secretary of the Society was instructed to write to the Registrar of Copyrights in Australia on the subject, in order that. the members of the Society might have the fullest information. As a supplement to this month’s Author, the regulations, together with the forms which should be filled up, are printed. A number of these forms are lying at the offices of the Society and can be handed to those members who, because they have plays running in Australia, or because they have plays likely to run in Australia, desire to avail themselves of this opportunity for regis- tration. It was pointed out in The Author that the great advantage of registration lies in the fact that if a book or play is registered, then, in case of infringement, the author can avail himself of the summary proceedings granted by the Act. The Registrar of Copy- rights, in his courteous and detailed letter, points out that although no actual case has yet been carried through the courts, most robably no author will be entitled to the enefits under the Summary Proceedings clauses against any infringer if the infringe-  ‘ment occurred before registration. In other Wwords, that he will only be entitled to take advantage of the clauses referred to in the em case of those infringements which occur after registration. It will be safer, therefore, for fi those who are likely to have or have already dramatic or literary property in Australia to «@register at the earliest opportunity. He sug- -% gests in his letter the following :— 7 “I think it would be advisable for authors who contem- ,|ia plate registering under the Australian law to register the _,9@ copyright paper of their respective works so that they "* #@ would be in a position, at any time, to assign any of the rights comprised in the copyright. My reason for making om the suggestion is this: representatives of dramatic com- panies who have consulted me from time to time complain @ of the difficulty they experience in reaching and punishing pirates under the ordinary remedies provided by the Statute. The agreements entered into between these companies and authors abroad usually provide for the payment of a royalty covering a specified period, but do not vest ownership, or partial ownership, of the copyright or performing rights in the companies; the result being “that an unauthorised reproduction of a dramatic or musical work is given, and before the licensees of the copy- right or performing right have had time to obtain the # necessary authority to put the machinery of the law in motion, the pirate, like a will o’ the wisp, has vanished. If the course suggested by me were followed, agreements made between British authors and Australian citizens eould be swiftly enforced. In this connection it would also be advisable for the author or his representative to give the licensee, during the currency of the licence, authority to take proceedings as attorney for the owner of @ the copyright.” It is doubtful however, whether the members of the Society would care to adopt the course. Indeed, many dramatic authors have refused to grant such power of attorney. However, if it is possible to carry out the arrangement which the Society is at present organising for lacing powers of attorney in the hands of the Society’s lawyers in Australia, there will be no necessity for making the assignment referred to. If members, therefore, desire to register, they had better apply to the Society’s office for the forms, and, after having filled them up properly, return them with the fees referred toin the regulations. The Society will see that the matter is duly carried through in accord- ance with the members’ instructions. It is tated that there may be one or two little ifficulties with the first few registrations, but after a little time the matter will run perfectly “smoothly and members will gain great ad- #@ vantage from the Society’s organisation and from the Society’s knowledge of the details. It is necessary to point out that under the New Zealand law similar provisions to those under the Australian law have been provided. The secretary has also written to the Registrar of Copyrights in New Zealand for the forms THE AUTHOR. 199 and regulations. When these come to hand, the Society will be able to carry out for its members the necessary details and the author will be able to obtain the benefits under the New Zealand Act. A COMPOSER’S TROUBLES WITH MESSRS. BOOSEY & CO. —_—+——+ a December, 1911, a composer forwarded (through a well-known vocalist) a song to Messrs. Boosey & Co. for publication, and obtained in reply a letter offering to publish the song subject to the payment of a certain royalty. These terms were accepted by letter. In April, 1912, the same composer forwarded another song, specially composed for another artist, to the same publisher, and, after a friendly interview with Mr. Boosey and a request that the firm would make a formal offer, received a letter offering similar terms to the letter he had received in December, and he accepted the terms. Immediately after the acceptance, Messrs. Boosey & Co. forwarded him a document, which they sub- sequently stated was in use by all their com- posers, being an assignment of all the com- poser’s rights and interest, present, future and contingent, in consideration of the agreed royalty on copies sold and 50 per cent. of all mechanical instrument fees received by the publisher. Nothing had been said in_ his correspondence as to assignment of copyright or mechanical rights. The composer, in reply, pointed out that the letters which had been exchanged consti- tuted a binding contract and that, therefore, there seemed no necessity for his signature to such a document. Messrs. Boosey replied that this was the form of contract invariably used. The composer then pointed out that, if an agreement was actually necessary, he pre- ferred that it should be drawn up upon a business-like basis, and contain adequate pro- vision both for his own rights and those of the publishers. Messrs. Boosey & Co. there- upon refused to discuss the matter in any respect whatever, returned the various MSS. and declared the business was atanend. The dispute was then brought to the Society, and the committee decided to take the case up. Accordingly the matter was placed in the hands of the Society’s solicitors. Proceedings were instituted and the publishers, through  200 their solicitors, then agreed to publish the songs on the terms set out in their original letters and to pay the costs, these terms, for the satisfaction of both parties, to be embodied in a formal legal document. This document was signed in due course, but through all the nego- tiations, not only the Society, but the solicitors of the Society, had to complain of the offhand way in which the business was treated and the delay which took place. In the settlement ‘twas understood—the sclicitors of the Society making special mention of the fact to the solici- tors of Messrs. Boosey & Co.—that Messrs. Boosey & Co. would frankly accept the posi- tion and use their best endeavours to push the work to the same extent as they would have done if no question had arisen. The solicitors of the publishers at once gave their assurance to this effect; but what has been the result? In January, 1913, a year after one of the songs had been accepted under the original letter, the Society was asked to stamp, on the composer's behalf, 153 copies of one song and 155 of the other. The composer then wrote to inquire whether this was the extent of the editions which it was proposed to publish, and in reply received intimation that the number of copies mentioned represented the full print of the first edition. The publishers added: ““We shall, of course, reprint as required according to the demand for the songs,” and, on February 16, 1913, in answer to that letter, the composer wiote as follows :— February 16, 1913. Dear Strs,—!I thank you for your letter of February 14, with reference to the two songs of mine which you have recently published. I have not the time at present to go carefully into the matter, but, on the face of it, there is obviously something wrong in respect to the number of copies printed. Under the contract there are to be 200 copies of each song “free for novelty purposes.” In other words, no royalty is payable to me (at least so I read it) from any of the copies which you have already printed. Dealing more particularly with the Irish song, we may take fifty copies as the very lowest number you require for professional copies and for review purposes. This leaves no more than 100 copies as a preliminary supply to the trade throughout the country, eliminating the U.S.A. altogether, also the Colonies. Incidentally I may add that I know for a fact that inquiries have been made for the song in various parts of the country already, but that the music dealers have been unable to trace it. It appears to me a waste of time for me to seek the good offices of my musical and professional acquaintances in singing the song under such conditions. Apart from the business aspect of the case, I would venture to remind you of the very definite assurance given by your legal repre- sentative to my solicitors that “it was clearly under- stood that you frankly accepted the position and would use your best endeavours to push the work in just the same way as you would have done had no question arisen.’’ It is, indeed, most distasteful to me to have to reopen THE AUTHOR. the question, but there appears to me some little evidence that the work is not being pushed forward as it should be, If you can give me your assurance to the contrary, I shall be only too pleased to accept it. ge As regards professional copies, I infer from your letter under reply that you propose to forward copies only to those artists whom I may specify to you. I will forward — you a short list in a day or two, but, while I shall be happy to do anything I can within reason to help forward sales, I would point out that the real work of propagation must necessarily devolve upon you, and that I can hardly be expected to act as “ traveller in my own goods, even had I the time and inclination. Very faithfully yours, | He received a reply stating that the 200 (>; copies mentioned are not deducted until the °°" song has gone out as a novelty to the trade, that it would be useless to send either of the songs out at present as they were ** not suffi- ciently known”? (sie), but that they had sent out presentation copies to singers. It remains to add that although Messrs. Boosey issued a catalogue in March, 1913, these two songs were not included in it (they were stamped in the preceding January); and that inquiry has been made for the songs at six of the largest #1 FeO T jaw Hae We peg pe wt % retail houses in London, and at over a dozen — of the largest provincial centres, without sucecss; at none of these places had the songs been heard of, nor so far as could be ascer- tained offered by the travellers, nor could they be found in any lists. The whole case is very interesting from every AF point of view. It is impossible to think, after ti the assurance given by Messrs. Boosey’s solici- tors, and after consideration of the standing of Messrs. Boosey & Co. and the position they hold in the trade, that they would not do everything that could be done by way of putting the songs before the public ; indeed under the rather peculiar circumstances of the case, it might have been thought that a firm of Messrs. Boosey’s standing would have put themselves out of the way to do more with this composer’s songs than they do in the ordinary course of business, in order that they might show clearly that after the little dispute they meant to deal fairly with the composer. We assume they have done so. It would then appear that Messrs. Boosey & Co. consider they have done everything they. can and should do in the course of their business, to push two songs which they intend to put on the market by printing 158 copies of one song and 155 copies of another, and sending out presentation copies to singers. It would also seem to follow that this is the course adopted upon the publication of othcr similar songs published by the firm. It would be very  THE AUTHOR. 201 woi/interesting to know the opinions of other com- seoposers on the present position and of other amusic publishers on the correspondence that has passed between the parties. —_———__+—_>—__e—____—__- FICTION. a T came about in this way. I had been busy in the garden cleaning up, hurrying to get some new trees in before the frost isceame. But the frost caught me and I had oto give up. SoI retired to my desk. ‘But the ideas I had felt materialising, -or nebulous and vague, in the back of my mind, ,oy would not develop. Yet I felt in the humour ‘0 for writing. - ‘** Then why not write ? ’’ something seemed _9 to inquire in my ear, with a faintly sarcastic ‘a inflection. ‘Surely it is not necessary to st have any concrete idea! An author can generally manage to turn out some drivel— 7 even about nothing in particular.” Z I admit I felt a little hurt, and I tried not 9 to listen. But the insidious voice went on: ‘7* “Tf you can’t think of anything else you might write about writing—anyway. You i authors can generally manage to find some- 4) thing nasty to say about one another, about “dj the public and its detestable taste, about the sweet reasonableness of editors, and, above all, about the incredible and unmentionable wickedness of—the publisher!” “© Yes,’ I thought. “I can do all that. I'll take you at your word.” It is quite true that one can generally be nasty if one gives one’s mind to it. “Let us start with fiction,’ I thought. “Yet, what is there to be said about 1t— beyond the barefaced abomination of its too evident existence ? ” It must seem, one would think, not only to the critic, but even to the indefectible and omnivorous gorger of fiction, in this day, that some great and not altogether whole- some change has gradually overtaken the work of the writer. The day of leisure is gone and the age of scurry is upon us; we have, it is true, nowa- days, no time for the languid perusal of long discursive prefaces, of long talky essays all about nothing of any earthly importance ; of pleasant, harmless, long-winded intro- ductions and descriptions. ' One is tempted to wonder what would happen to Scott and to Thackeray to-day ? Would “ Waverley ” finda publisher ? Would anyone be found with the necessary patience and time to wade through——but there! There are doubts as to whether that is a subject one should pursue ! None the less, it must be borne home to the most undiscerning reader that though we have gained much, we have lost not a little. This is not the age of literature, but of fiction (at so much per thousand words). The great mass of second and third rate stuff, the ‘* flimsy *’ of the bookstalls, that caters for the mob, has its own particular style and format in fiction, its mould through which every story must, apparently, be pressed in order that it may come out with every trace of originality, of style, of art it might contain ruthlessly eliminated. Every hero has to be cut to pattern; every incident, it would seem, must be laid in accordance with certain canons. One wonders if the readers who, according to an editor of these journals, ** will have that style,” ever get tired of wading through the same weary thing again and again, knowing, as they must know, exactly the course of every item, how it will all go and how it will end, beforehand. One of these magazines used to create some amusement in literary circles by giving in an editorial preface, every month, the most touching and fatherly advice to would-be contributors. There was, I remember, one delightful talk with hints on * style’ and its formation, with examples of the great classics one should study. ‘‘ or romance, study So-and-so;_ for action, study So-and- so’’-—along list. Yet it would seem that should anyone approach the greatness of any of these models, that very fact would surely be the first fatal step towards certain rejection in such a magazine, which appeared to disannex all those attributes that the student of litera- ture has learnt to venerate. ““The public will only have so-and-so,” wearetold. Yetitis a curious fact that when, once in a blue moon, a bold editor or publisher ventures out of the rut with a clever and original story, it is often hailed with joy and becomes a success. The fact is, the publisher can make anything go if he chooses; it 1s simply a matter of brain and boom, ability to spend his advertisement money to the right advantage. : : But what of the publisher’s reader ? One wonders what sort of a person he 1s—or Is ita she? The traditional publicational history would seem to stamp him as, of all men, the one who least knows his business, for if ever  202 a great and striking novel has come to the front there has, almost invariably, been the same history of everlasting weary rejection until some lucky accident has brought that work before the world. And yet— observe what is poured out of the publishing houses every week! Take any work, fiction or other, that has eventually made a commotion, and what has been its early history? We are told the publisher’s reader is often a distin- guished novelist. We can quite believe it. The fact is, it is not the question of what the ‘public will have,” but what the editor or publisher thinks they will or ought to have. And the result Well, one result is that a work that in any way pertains to literature has too often no earthly chance of publication. A man may write literature (some men do) as an amusement, to please himself, and, indeed, he may publish it, but that’s another subject that need not be pursued. And so authors go on making fortunes for publishers—whose groans over their heavy losses ought to dissolve a brutal and unfeeling world in tears. But of fiction. What is one to write? Must one never leave the hard-beaten, dusty track ? One must, according to the modern magazine, not write of this; one must not touch upon that; yet we want originality and some little freshness, even in our reading, now and then. One can’t subsist for ever on sugar-pap. Of course, when an author has made his name he can write pretty well whatsoever he likes, and it is eagerly published. Is that, perhaps, the reason why so many ‘“ made” authors continue to turn out such ghastly stuff—or, are they merely using up the pabulum of their prentice days ? : As for verisimilitude, realism, truth, there is little enough of it, in spite of report ; little enough that is at the same time artistic. The realism, indeed, is rather too apt to become sheer dirtiness. There is at the present time a fashion in the fiction magazines for the medical story. When this is written by the half-dozen medical writers of the day all well and good, but otherwise the results are invariably absurd to a scientific reader. For it is an unfortunate thing that people will scribble about things of which they have no earthly knowledge. Writers cannot all be expected to be scientists, but if they have no scientific knowledge they should leave science alone. In no less than four stories in the magazines THE AUTHOR. published in one month were there instances of glaring and ridiculous mistakes that are most fix irritating. In one instance a writer excels > i:i® himself in the marvellous description of a new f and utterly impossible orchid, and in the other} a zoological monstrosity is perpetrated out f» of all conformity with organic nature; and fii, these two examples are as nothing compared} with the others. One does not often come across such glaring blunders as the classie example of Boucicault in the old play “ The Octoroon’’; indeed, in these days of snapshot photography and kodaks it would be almost F .., impossible. Often it is mere thoughtlessness 3)... and even some of the greatest masters of literature have made incredible mistakes. Then one gets a little tired of that everlasting so-called ‘‘ love-story.”” Must fiction always be a variation upon the everlasting human triangle and its tireless equations ? Here we have it: x +y=2> &. We have (A* ++ AY : B*) which develops into }* (A*: AY + B*). - One gets so wearied of Mr. A.’s matrimonial 7" troubles and disputes with Mrs. A. and the i inevitable intriguing of the latter with her p>" tardily discovered soul affinity, Mr. B. Still, it is yet possible for an author of original turn to treat the subject in a moderately novel way. Authors, we are told, are a hardly-treated body, shamefully served by the publisher, Publishers, we are told, are a hardly-treated >?" body, abominably served by the public. The §# public are shamefully treated both by authors } and publishers (so they beg, borrow, or steal } books, but refrain from buying them). [ Certainly authors have much to suffer, 7% Is it any wonder that one becomes depressed > over the picture of the poor, struggling author } if labouring incessantly to pile up a huge fortune )% for the wicked publisher! (Oh, those motors » and yachts !) And, seriously, there are times when authors have other reasons for weeping. There are P editors who keep manuscripts for weeks and months knowing full well they never intend pt to use them, when there is not the least # excuse for keeping them more than a week or two. And there are editors who score marks and numbers upon the unfortunate manuscripts, so that they have to be retyped before they can, for very shame, go out on # their travels again. And there are editors who appear to use the unwanted manuscripts ® for the altogether improper purpose of cleaning the office floor. Indeed but that is also a subject we need not pursue any further. No doubt publishers and editors are a very THE AUTHOR. bag bad lot—who but a jackanapes could doubt it ? Yet who can feel angry with the kind and courteous gentlemen who send their regrets so nicely worded on such very superior paper (sometimes), and who thank one so effusively for allowing them to see the composition ? If I had my will I would sweep away all editors, publishers, and authors—and perhaps the public too—then one might have time to finish the garden; but for the life of me I ean’t get on because, forsooth! I have to turn out so many thousand words of explicit drivel every day in order that I may not put § extra work on the county court. Authors, we are told, are mean, liars and thieves, who will resort to any trick to get an extra 5 per cent. on their scrubby royalty. Publishers and editors are either hardened brutes or contemptible skunks—as yet I cannot quite decide which—who will do anything to trick the starving writer. And as for the public, that sucks the brains of the author— and often enough smacks his indelicate lips G over the process, in spite of his grumbles—well, 7) ‘twill always be much the same, I suppose, so why should one pursue that subject any further ? No doubt the editor is a good enough fellow, sometimes, even if his sense of humour is defective. But editors are not and cannot be angels, even if there were wings enough to go round, and you can no more make wings sprout than you can grow hair with any of the advertised ‘‘ restorers.” One editor of particularly angelic nature, in his monthly talk, used to give samples of the letters he received. The note of fulsome flattery was the main motif. ‘“‘T cannot say how grateful I am for your help. Since you took my last story and gave me advice I have sold nearly fifty stories to leading magazines at about twenty pounds (£20) each. I shall always remember you gave me a helping hand and you cannot think how I love you for it.” ‘ That,’’ was the editor’s beaming comment, “‘is the kind of letter that does a poor, hard-worked, worried editor’s heart good to read.” He did not say from which asylum his contributor wrote. “Probably you don’t just remember,” I thought ; “But, Sir, I can tell you something about the climate you will be enjoying one of these fine days, if you don’t try to live a good and truthful life, and find a more legitimate way of pushing your dolorous rag. All the inhabi- tants of this world (even such as read your magazine) are not stark and jibbering idiots ! There are some editors who use a reject form 203 carefully spaced out into reasons, and a mark is put against the division under which heading the rejection comes. A young friend of mine some time ago hit upon a startlingly original idea for a story and sent it to one of these magazines. The story was good, well written, terse and with style, and dealt with an idea that had never been used before. To our amazement it came back marked, if I remember rightly, *“ Not sufficiently novel!” which caused us no little amusement when we came to study the dead and dreary level of monotony that appeared to be the sine qua non of this particular magazine. I sometimes think the time is coming when, if literature is still to be written, some arrange- ment might surely be made whereby an author, who shows promise and produces a clever but not very marketable piece of literature, might have help in giving it to the world. And here the Society of Authors might see its way, one of these days, to do a valuable act of service both to authors and to the public, in setting up a special committee or commission to adjudicate upon real work of genius and arranging for its publication. Then I might devote myself to the creation of a work of incredible genius—and find time to finish the garden. FREDERICK GRAVES. ———————_-——_+—___——_ «THE PUBLISHER.’’* ee By AN AMERICAN CRITIC. YNAMITING butterflies is notoriously a futile sort of pastime; yet, con- ceivably, a butterfly may so_persis- tently obtrude its insignificant self as to become a bit of a pest, distracting the attention and obstructing clear comprehension of certain ponderable facts. In which event a charge of dynamite may be thought well wasted. Mr. Yard frankly holds a brief for the publisher and against the author and all his works ; and, like a loyal advocate, he doesn’t hesitate about ignoring facts that do not assort well with his argument or about modifying other facts to suit his requirements. By way of example (to select one of the multitude afforded by this little book), we may consider the figures he quotes in support of his conten- * “The Publisher,” by Robert Sterling Yard. Houghton Mifflin Co., 1913. $1 net.  204 tion that “best sellers” are hardly to be yearned after by long-headed publishers. On page 23 he endeavours to demonstrate that a book selling 100,000 copies in its first form would earn its publisher a net profit of only some $10,300. To arrive at this figure he estimates cost of manufacture at $0.221 per copy. This is a very reasonable figure to apply to an edition of 5,000 copies, including the cost of making plates and the purchase price of drawings for illustrations ; but for subsequent printings it is absurd. Mr. Yard further reckons the royalty at a flat rate of 20 per cent. ; this is not fair, although possible, for it may be questioned whether many books, especially an author’s first book to sell 100,000 copies, draws a flat royalty of 20 per cent. Again, Mr. Yard would have us believe that a pub- lisher allows ‘‘ 28 per cent. of income ”’ (what- ever that means) for the cost of doing business, and reckons this to indicate $0.224 as the cost of selling each copy of an edition of 100,000. We may take the liberty of doubting this figure, if we may not successfully dispute it without access to the publisher’s books. But leaving out the author’s royalty, and taking the other figures without question, we find that 100,000 copies cost to manufacture, at $0.221 per copy, $22,100, and to sell, at $0.224 per copy, $22,400; making the total of the investment $44,500, on which the publisher makes a net profit of $10,300, or something more than 23 per cent. Most men of business would consider this a handsome profit, but Mr. Yard would have us believe it beggarly. But in figuring the net profit, he allows for the profit of a cheap edition of only 50,000 copies ; whereas Mr. Yard knows, and every publisher knows, and every author who knows his business knows, that the cheap edition following a first publication of 100,000 copies or even fewer is far more apt to be double the first sale than half. Then, too, Mr. Yard has chosen to deduct from the gross profit on this alleged cheap edition of 50,000 copies ‘‘ 28 per cent. (again !) for cost of doing business— $1,800.”’ I fancy few publishers will have the effrontery to claim that it costs them anything at all, much less $1,800, to sit tight and permit the popular-price publishers to bid against one another for the privilege of the cheap-edition rights. Finally, Mr. Yard allows for a plate- rental of only 10 cents a copy to be paid by the popular-price man to the first publisher, and by this last divided with the author ; whereas 12 cents per copy is the ruling rate for plate- rental on books whose sales have totalled far fewer than 100,000 copies. THE AUTHOR. Mr. Yard’s figures may, therefore, be revised as follows, without bothering to dispute his estimate of profits on the first edition :— $ 8,500. * Net profit on 100,000 at average net profit of $0.085 per copy Cheap edition, 200,000 at 6 cents profits per copy, without deduc- tion for cost of doing business 12,000 °°": Total net profit (assuming that the publisher hasn’t grabbed by con- tracts and has no share in the author’s second serial, dramatic, moving-picture, English, and translation rights) 20,500 | ) Or, say, 46 per cent. on the original investment. No, not half-bad ; considering that Mr. Yard would have us believe publishing “‘ the worst | business in the world.”’’ But it is true that his efforts to prove this) — last contention are so unconvincing even to: himself that, as early in his argument as page 8,7 _ he is forced to the admission that ‘‘ the worst !-~. business in the world” becomes one of the ):* best in the world when (to paraphrase) it has ):” solid financial backing and is administered with a normal amount of common sense and a) ** little human luck. In other words, it is) amazingly like any other business you can’ ™~ name: good when it’s good, and bad when it’s) "| bad. But Mr. Yard is so alarmed at the}: ' possible effect of this admission that, through |<! the remaining twenty-seven pages of his? chapter on ‘‘ the worst business ” he fogs his #7: own and the reader’s understanding in a dense )-!" cloud of words, anecdotes, illustrations, figures, )>% and gossip, which in the end enables him to)! close to his own satisfaction with the assertion ot! that, as for a “‘ publisher who got right out of general book-publishing alone . . . “thar ain’t } ©) no sech critter.” i Nor is this all; but space lacks in which to) explode all of Mr. Yard’s fallacious arguments. ©" For all that, on page 29, Mr. Yard gravely ¥ informs us: ‘ Royalties exceeding 10 per cent. © are immoral,’’ Henry Holt is reported to have hh said. And sure we must concede that it was 3» worth while to make onesself known as the } author of an idle, if undoubtedly mischievous book in order that one might have the honour fi of embalming imperishably that deathless ”: epigram ! : cod FO Li J. Ve 8 -or--—de  MR. ARNOLD BENNETT AND THE MOYEN DE PARVENIR.* Bo fourteen years ago Mr. Arnold Bennett, acting on the suggestion of Mr. Lewis Hind, then editor of the Academy, published in the columns of that paper his literary autobiography. He did not put his name to it, “‘ partly from discretion, and partly in the hope that the London world of letters would indulge in conjectures as to its authorship.”? In 1908 he secured—not with- out difficulty—a publisher for the work in volume form, still keeping up anonymity ; though it was an anonymity which only existed for the general public, literary London having soon penetrated the secret. Now in 1914 Mr. Bennett brings out a new edition, through a different publishing firm, and this time puts his name to the book. As a ‘“‘remaindered’’ work, Mr. Bennett tells us in his Preface, the first edition had quite a vogue; but only as a remainder, price 6d. Otherwise it sold ill. The reason is obvious. The general public cares remark- ably little, perhaps in most cases much less than 6d., for the truth about an author. Yet it was a good idea to republish the book in cheap form now. As a household word in vast districts of Britain and a best-seller in the United States, Mr. Bennett is scarcely any longer a mere author. A super-author may fairly ask a shilling for the truth about himself. For other authors, if they have not already read it, the book is decidedly one to be read. They will be able to appreciate, as the general reader probably will not, the ‘‘ ingenuous self- complacency ”’ (Mr. Bennett’s own words) of the record. And to them the experiences, the views, the advice will have a meaning which is not for the general reader. Quotation alone can show the value of Mr. Bennett’s instruc- tions to his fellow-writers. The space at our command is limited, but we must touch upon three points. First, with regard to ‘“ free- lancing,”’ a subject which has been discussed of late in the columns of The Author. Mr. Bennett is healthily vigorous in his denuncia- tion of this ‘‘ humiliating ’’ employment. “A false aureole of romance,”’ he says, “‘ encircles the head of that miserable opportunist, the free-lance. ... The free-lance is a tramp touting for odd jobs; a pedlar crying stuff which is bought usually in default of better ; * “The Truth about an Author,” by Arnold Bennett London: Methuen & Co. THE AUTHOR. “work. 205 a producer endeavouring to supply a market of whose conditions he is in ignorance, more or less complete; a commercial traveller liable constantly to the insolence of an elegant West End draper’s ‘buyer.’ His attitude is in essence a fawning attitude; it must be so; he is the poor relation, the doff-hat, the ready- for-anything. He picks up the crumbs that fall from the table of the ‘staff.’ ... He never goes to bed; he dares not; if he did a crumb would fall.” And now with regard to the reviewing of books: ‘‘ The sense of justice of the man in the street is revolted. ‘You do not read through all the books that you pretend to criticize ?’ he hints. I have never known a reviewer to answer this insinuation straight- forwardly in print, but I will answer it: No, I do not. And the man in the street says, shocked: * You are unjust.’ And I reply: “Not at all. 1 am merely an expert. ~ =. The title-page—that conjunction of the title, the name of the author, and the name of the publisher—speaks to me, telling me all sorts of things. The very chapter-headings deliver a message of style. . . . The whole book, open it where I will, is murmurous with indications forme. In the case of nine books [out] of ten, to read them through would not be a work of supererogation—-it would be a sinful waste of time on the part of a professional reviewer. .. . There remains the work of the true artist, the work that the reviewer himself admires and enjoys: say one book in fifty, or one in a hundred. The reviewer reads that through.” Working out the number of words which a reviewer would have to read to satisfy the man in the street before writing a column of reviews worth at the most three guineas, and reckoning the time taken over the whole job, Mr. Bennett asks: ‘‘Do you imagine that the reviewer 1s going to hire out his immortal soul, his ex- perience, his mere skill, at the rate of 31s. 6d. per day on irregular jobs ?__ Scarcely. He will earn his three guineas inside three hours, and it will be well and truly earned.” Mr. Bennett himself early established a rule —lucky man to be able to observe it !—never | to work for less than 10s, an hour upon. plece- “Tf an editor commissioned an article, he received from me as much fundamental brain-power and as much time as the article demanded—up to the limit of his pay in terms of hours at 10s. apiece. But each year I raise my price per hour.” This was written In 1900. We fancy the ordinary poor author would like a footnote to say what height has now been reached. i  206 Our last quotation is not made for the pur- ose of the moral edification of our readers. Mr. Bennett is speaking of the first serial story written by himself. ‘I had entered into a compact with myself,” he says, ‘that I would never ‘write down’ to the public in a long fiction. I was almost bound to pander to the vulgar taste, or at any rate, to a taste not refined, in my editing, in my articles, and in my short stories, but I had sworn solemnly that I would keep the novel-form unsullied for the pure exercise of the artist in me. What became of this high compact? I merely ignored it. I tore it up and it was forgotten. —_—__—_—<—_+—___ ——_ CORRESPONDENCE. _— “ Reat EDITIONS.” Dear Sir,—In view of the recent announce ment by a prominent publisher that his editions are “real editions ’—the inference being that too many such are nothing of the sort—it really seems high time for authors to make some attempt at asserting themselves on a subject that concerns them quite as nearly as it concerns the publishers, who are rapidly reducing the whole vexed question of “ edi- tions ” to a preposterous farce. Between “real editions ’—so-called—and bogus editions—not so-called !—we are fast approaching the American method of merely _ shouting a book into popularity. Over there it would seem that the book itself matters little, the author less. Success depends mainly on how much money the publisher is prepared to spend on shouting—there is no other word for the process ; and over here it is unhappily an open secret that, of late, certain question- able novels have, by means of inflated announce- ments and ‘‘ huge editions ”’ been practically forced down the throat of a public that would otherwise probably have let them alone. But, shouting apart, there remains the puzzle, “What is an edition?” To that plain, straightforward question—constantly asked by the Bewildered Uninitiated—it would take a clever man to give a plain, straight- forward answer. Roughly, he might hazard the comprehensive reply: “Oh, anything between a thousand and fifteen thousand copies.” But even so he would still have underrated the elasticity of that conveniently elastic word. I have it on good authority that a third “‘ edition”? of a book has been THE AUTHOR. announced when little more than a hundred copies have been sold. This sort of thing suggests a new version of the old riddle: ‘“‘ When is an edition not an edition?” It would take a really “ up-to- date ” publisher to supply the answer to that ! Whether or no some authors derive benefit from these tactics is a question well worth separate consideration. My present concern is simply to get at the rights of this obvious juggling with figures ; and the Shorter Catechism of the Uninitiated is not yet at an end. Why is it, for instance, that, if some of us are announced in thousands, this plain and simple method cannot be extended to all? The publisher addicted to shouting could still juggle with his thousands, of course. But those firms who respect themselves and their authors would lose nothing by more lucid statements; while both the public and_ the authors would know better, so to speak, ‘‘ where they are.” Another remedy—if there is any thing against plain thousands—would be to decide, once for all, on the “ unit ” of an edition; giving that “ unit ” some elasticity if need be. An edition might be fixed at any- thing from 3,000 to 5,000, or from 500 to 3,000 ; and thereby much confusion and mis- conception would at once be done away with. But of the two alternatives set forth there can be little doubt that a plain statement in thousands is the consummation most devoutly to be wished. The present arrangement is utterly mis- leading, not only as between novelist and novelist, but as between the earlier and later books of the same writer. Take my own case. Judged by the tale of mere editions my sale would appear to have been steadily decreasing for the last six years, for my first novel achieved nine editions in about the same time that it has taken my two later ones to achieve two. The reason is simple enough. With a new writer, orders were tentative and editions followed suit. Large advance orders produce a larger immediate output, with the natural result that while my earlier nine editions barely reached 12,000 copies, my last novel — started with a first edition of 15,000. This sort of thing must be the case with scores of novelists. It would be interesting to hear what they think about it and whether there is any hope, between us all, of inaugurating a reform on the lines I have suggested. I am, dear Sir, Yours truly, ° ** A NOVELIST.” ~ Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Author, Vol. 24 Issue 07 (April 1914) Subject The topic of the resource <em>The Author</em>, Vol. 24 Issue 07 (April 1914) Type The nature or genre of the resource Publication Identifier An unambiguous reference to the resource within a given context 1914-04-01-The-Author-24-7 publications The Author https://www.historysoa.com/files/original/5/540/1914-05-01-The-Author-24-8.pdf fdd013c9e6a28e5bd58ae7e6c0afd96a PDF Text Text ������������������������������ Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Author Subject The topic of the resource <em>The Author</em> Description An account of the resource 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=&amp;advanced%5B0%5D%5Bjoiner%5D=and&amp;advanced%5B0%5D%5Belement_id%5D=51&amp;advanced%5B0%5D%5Btype%5D=is+exactly&amp;advanced%5B0%5D%5Bterms%5D=Index&amp;collection=&amp;type=&amp;tags=&amp;exhibit=&amp;date_search_term=&amp;submit_search=Search+For+Items&amp;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. Date A point or period of time associated with an event in the lifecycle of the resource 1890–1914 Identifier An unambiguous reference to the resource within a given context The-Author-Issues Publication Date The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format) 1914-05-01 Volume 24 Issue 8 Pages Page range in volume 207–232 Ngram Date Version of the date in YYYYMMDD format for use by the Ngram plugin 19140501 Ngram Text Version of the text with no HTML formatting for use by the Ngram plugin Che Autbor. (The Organ of the Incorporated Society of Authors. Monthly.) FOUNDED BY SIR WALTER BESANT. Vor. XXIV.—No. 8. May 1, 1914. [PricE SIXPENCE. TELEPHONE NUMBER : 874 VICTORIA. TELEGRAPHIC ADDRESS: AUTORIDAD, LONDON. ———_—_—__+_—~¢ NOTICES. ae : the opinions expressed in papers that are signed or initialled the authors alone are responsible. None of the papers or paragraphs must be taken as expressing the opinion of the Committee unless such is especially stated to be the case. Tur 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. Tur 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, 1, Cen- tral Buildings, Tothill Street, Westminster, S.W., and should reach the Editor not later than the 21st of each month. S Communications and letters are invited by the Editor on all literary matters treated from Von. XXIV. the standpoint of art or business, but on no other subjects whatever. Every effort will be made to return articles which cannot be accepted. ADVERTISEMENTS. Messrs. Matthews’ Advertising - Service, Staple Inn Buildings, High Holborn, W.C., will act as agents for advertisements for “The Author.” All communications respect- ing advertisements should be addressed to em. As there seems to be an impression among readers of The Author that the Committee are personally responsible for the bona 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. ee THE SOCIETY’S FUNDS. — 1 ROM time to time members of the Society K 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 con- tributions 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 rinciple, or in assisting to obtain copyright reform, or in dealing with any other  208 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. —\_—_+—>—_—__—_—_- THE PENSION FUND. —— N January, 1914, the sccretary of the I Society laid. before the trustees of the Pension Fund the accounts for the year 1918, as settled by the accountants. After giving the matter full consideration, the trustees instructed the secretary to invest a sum of £350 in the purchase of Great Eastern Railway Ordinary Stock. The amount pur- chased has been added to the investments set out below. The trustees desire to thank the members of the Society for the continued support which they have given to the Pension Fund. They haveJgiven notice to the Pension Fund Com- mittee that there is sufficient money at their disposal to enable them to give another pension. The nominal value of the investments held on behalf of the Pension Fund now amounts to £5,419 6s., details of which are fully set out in the following schedule ;— Nominal Value. £ 8 a. Eocal Loans visi. eres ess 500 0 0 Victoria Government 3% Consoli- dated Inscribed Stock ............ 291 19 11 London and North Western 3% Debenture Stock ...............088 250 0 0 Egyptian Government Irrigation Trust 4% Certificates............. 200 0 0 Cape of Good Hope 34% Inscribed Stock we a oe 200 0 0 Glasgow and South-Western Rail- way 4% Preference Stock ...... 228 0 O New Zealand 34% Stock .......... 247 9 6 Irish Land 22% Guaranteed Stock 258 0 0 Corporation of London 24% Stock, 1927—57 ..........0c0.000. . 488 2 4 Jamaica 34% Stock, 1919—49 ... 182 18 6 Mauritius 4% 1987 Stock ......... -° 120 12° 1 Dominion of Canada, C.P.R. 34% Land Grant Stock, 1988 ......... 198 3 8 Antofayasta and Bolivian Railway 5% Preferred Stock ............... 237 0 0 Central Argentine Railway Or- dinary Stock... es 232 0 0 THE AUTHOR. [MAY, 1914. Nominal Value. £ os. 4 $2,000 Consolidated Gas and Electric Company of Baltimore 44% Gold Bonds ...,...-0-0.s20- 400 0 0 250 Edward Lloyd, Ltd., £1 5% Preference Shares ...........0..++ 250 0 0 55 Buenos Ayres Great Southern Railway 4% Extension Shares, 1914 (fully paid) ..............000. 550 0 0 8 Central Argentine Railway £10 Preference Shares, New Issue... 380 0 0O Great Eastern Railway Ordinary Stock so ccpecciocee hangin ee 655 0 0 Total {cas . £5,419. 6 O —_——\_1——_o_— PENSION FUND. —+—<—+ Tue list printed below includes all fresh dona- tions and subscriptions (7.¢e., donations and subscriptions not hitherto acknowledged) received by, or promised to, the fund from October, 1918. It does not include either donations given prior to October, nor does it include sub- scriptions paid in compliance with promises made before it. Subscriptions. 1918. Oct. 8, Rees, Miss Rosemary Oct. 8, Pearce, J. : : : Oct. 9, Drummond, Miss Florence Oct. 9, Rumbold, Hugo Oct. 18, Knowles, Miss Oct. 20, Collison, Harry : Oct. 21, Buchanan, Miss Meriel Oct. 25, Baker, E. A. . Nov. 6, Bentley, E. C. : Nov. 6, Petersen, Miss Margaret Nov. 7, Lang, Mrs. John Nov. 19, Langferte, Raymond Nov. 24, Webb, W. Trego Nov. 24, Mackenzie, Compton Dee. 4, Vansittart, Robert Dec. 4, Lunn, Arnold . ‘ Dec. 4, Stewart, Miss Marie . Dec. 4, Berry,. Miss Ana Dec. 4, Vallois, Miss Grace . : Dec. 17, Beresford, J.D. . ‘ Dec. 29, Inge, Charles . j Dec. 29, Cross, Miss May. ‘ Dec. 29, Hardy, Thomas, O.M. , _ _ a NASCSCAAMMANMOOAAAAAAAHEaAoaanse wWwoococoooo oH COSC SCOOCOHSCOSCOSOOnm Soacccoascoscocoocooocoscoceoo  MAY, 1914.] THE 1914. Jan. 7, Ford, Miss May Jan. 7, Sephton, J. Jan. 16, Singer, I. : Jan. 16, Cooke, Arthur O. Jan. 23, Exley, Miss M. : Jan. 26, Sarawak, The Ranee of Mar. 11, Dowson, Oscar F. April 8, Stoeving, Paul ; April 14, Buckle, Gerard, F. April 14, Grattan, Harry. April 17, Rubenstein, H. Eo. April 20, Anon. . ‘ 1913, Donations. Oct. 7, Darwin, Sir Francis . ; Oct. 9, Carroll, Sydney Wentworth Oct. 21, Troubetzkoy, The Princess Oct. 27, Frankish, Harold : Oct. 30, Rosman, Miss Alice Grant Nov. 3, Holland, Theodore Nov. 3, Steane, Bruce ; Nov. 3, Batty, Mrs. Braithwaite Nov. 10, Elrington, Miss Helen Nov. 10, Waterbury, Mrs. . ‘ Dec. 5, Dymock, R. G. Vaughton . Dec. 6, Macdonald, Miss Julia Dee. 11, Little, Mrs. Archibald Dec. 11, Topham, Miss Ann . Dec. 20, Edwards, Percy J. . Dec. 21, Keating, J. Lloyd 1914. Jan. 8, Church, Sir Arthur Jan. 5, Anon : ‘ Jan. 5, Joseph, L. : Jan. 5, Swan, Miss Myra Jan. 5, Vernede, R. E. Jan. 6, De Crespigny, Mrs. Champion Jan. 6, Rankin, Miss F. M. .- Jan. 7, Sneyd-Kynnesley, E. M. Jan. 7, Lathbury, Miss Eva . Jan. 7, Toplis, Miss Grace Jan. 8, Palmer, G. Molyneaux Jan. 9, Mackenzie, Miss J. : Jan. 10, Daniell, Mrs. E. H. . ‘ Jan. 12, Avery, Harold ‘ Jan. 12, Douglas, Mrs. F. A. Jan. 15, Pullein, Miss Catherine Jan. 15, Thomas, Mrs. Fanny Jan. 16, James, Mrs. Romane Jan. 19, P. H. and M. K. Jan. 19, Greenstreet, W. J. .- Jan. 19, Gibbs, F. Leonard A. Jan. 23, Campbell, Mrs. L. A BR. . Jan. 28, Cameron, Mrs. Charlotte, a F.R.GS. . ; Jan. 28, Blunt, Reginald. Jan. 24, Raphael, Mrs. Mary. UTHOR. aH w OO Oo ore Or or or Or Ors seeooeooeoocoooos, et eccooooron et eooo _ or or Or O Or et et Or dO Or Or Or ro oo os Ore Oo coococooooaaoocoooens _ S coomoocooocoosooooeoeooooooor —_ et et MANMOOSCHUBMDAMOUCBONACH _ _ ore COoOnwngn So ooo eceococooooaocooaoocoooooaaceo ore _ 209 Jan. 25, Plouman, Miss Mary Jan. 30, Gibson, Miss L. S. . Feb. 5, Brooker, Lt.-Col. E. P. Feb. 6, Buchrose, J. E. Feb. 7, Smith, Herbert W. Feb. 20, Eden Guy : ‘ : Feb. 21, Mayne, Miss Ethel Col- bourn : : Feb. 21, K. ; : : Feb. 25, Aspinall, Algernon E. Mar. 2, Dalziell, J. j Mar. 2, S. F. G. . : Mar. 5, Saies, Mrs. F. H. ; Mar. 5, Thorne, Mrs. Isabel . Mar. 5, Haviland, Miss M. D. : Mar. 5, Todd, Miss Margaret, M.D. Mar. 13, Cabourn, John : Mar. 20, Fenwick Miss S. F. . : Mar. 26, Prendergast, Mrs. J. W. .« —______+—_+ COMMITTEE NOTES. —— HE April meeting of the committee was Si held on Monday, April 6, at the offices of the Society, 1, Central Buildings, Tothill Street, Westminster. After the minutes of the previous meeting had been read and signed, the committee proceeded with the election of members. Forty members and associates were elected, bringing the total for the current year up to 135. The total number of resignations amounts to sixty-seven. The committee consider they may congratulate the Society on so large an election. The cases were next laid before the com- mittee. The solicitor attended and made a report. : ie an action for non-publication, authorised by the committee at their last meeting, the solicitor was glad to report that the defendant, through his solicitor, was coming to a settlement, and hoped that the matter would shortly be adjusted. He next reported the conclusion of the case of Raleigh v. The Kinematograph Trading Co., and that an injunction had been obtained as well as payment towards the costs. In a case 0 account the matter had_ been settled me factorily, the author having Seccgtiea : payment of the amount due. In a a arising out of accounts and monies au: on. Wk reproduction of a. cinematograph fi ae he solicitor reported that the statement £ ve had been delivered. He also reportec t . a writ had been issued against a publisher for. SOHrHoeo, —_ eocorocoocornNwrcoco ee none aon & Cacscoa® — oOo ONE DOO oO aoegocooocoece  210 money due on accounts, but only part of the sum due had been paid. A question of literary libel, which originating in the United States had taken place also in Great Britain, the solicitor reported had been settled, so far as the publication in this country was concerned, by the payment by the defendants of a sum in damages and costs, and by an undertaking to publish an apology if desired. In regard to the same issue in the United States the secretary reported that a letter had been received, and that he hoped to have further information to report to the next meeting. The committee sanctioned the placing of the matter in the hands of the Society’s United States lawyers if no satis- factory arrangement could be reached. In a ease of breach of agreement for the production of a play a writ had been issued, and the defendant had come forward with a proposal for settlement. It was hoped that the matter would be arranged amicably before the next meeting. The solicitors reported that in one of two small county court cases judgment had been signed and execution issued, and in the second the amount had been recovered with costs, and that in two other county court cases proceedings were being taken in the usual way. Another question of infringement of title by a film production, and possibly of infringe- ment of copyright, was considered. The solicitor reported he had gone carefully into the matter, and thought it was impossible, as far as the infringement of title was con- cerned, to take action until the film had actually been performed. On the question of the copyright infrimgement the solicitor had written to the author’s agent for further information, and was now awaiting his reply. ‘Two counsel’s opinions had been taken on the instructions of the committee, (1) dealing with the question of mechanical rights in cases where the composer had made an assign- ment before the new Act came into force; and (2) in regard to the publication of a whole novel in one issue of a magazine. The opinions will be filed for reference. A question was put forward of alleged infringement of an author’s play by a play now running in London. The committee decided to obtain some competent witness to attend a performance of the alleged infringing play and to report to them as to the question at issue. The secretary then dealt with other cases on his list. The committee decided, in the case of a THE AUTHOR. [MAY, 1914. publisher against whom the Society had five or six claims, to transfer the papers to the solicitors that they might deal with the issues. A small case against a publisher for non- delivery of account was, with the committee’s sanction, placed also in their hands. A question was raised by a member in respect to an endorsement on the back of a cheque which had been sent to him in payment for contributions, such endorsement purporting to be a conveyance of the copyright. The matter was seriously discussed, and one of the members of the committee undertook to see the editor of the paper on the point. A claim arising from non-payment of an article in a United States magazine was referred to the committee, who authorised the placing of the case in the hands of the Society’s American lawyers. The committee discussed and arranged for the settlement of a case in Germany where the Society had obtained judgment, and was unable, at present, to obtain satisfaction owing to the defendant’s inability to pay the whole amount at one time. In a case of dispute between an author and the editor of a series, the committee decided to write to the editor for an explanation, and lastly it was decided to place a claim for money due to one of the members in the hands of the Society’s solicitors. The committee then considered a statement laid before them by a member regarding an alleged infringement of ideas, and the secretary was instructed to write to the member. Ina small claim for money alleged to be due the committee regretted they could not support the member, as there appeared to be no legal right which could be enforced. The secretary reported a case of mutilation of an author’s work by a magazine, and was in- structed to write to the editorforan explanation. The chairman then reported what had taken place at the Film Trade Conference, at which representatives of the manufacturers, exhibitors, renters and hirers of films, as well as theatrical managers, were present, and the committee decided to leave to the Dramatic Sub-Committee the appointment of delegates to serve on the Joint Board which it is proposed to form. In regard to the Society’s change of name, it was decided to spend £25 in advertising as soon as the legal formalities have been carried through. The committee regretted they were bound to decline a request made by the Society’s former advertising agents for an honorarium. Re er Ne ree en ee RAO ae Se  MAY, 1914.] Correspondence was laid before the com- mittee dealing with the question of the re- payment of subscriptions, but the committee regretted they were unable to accede to the request of the member concerned. The secretary placed before the committee a letter he had received from the American Authors’ League on the subject of the Presi- dent’s Proclamation in connection with the section of the British Act dealing with mechani- eal reproduction. The committee begged to thank Mr. Charles Garvice for a donation of £1 1s. eee Dramatic SuB-CoMMITTEE. Tue April meeting of the Dramatic Sub- Committee was held on Friday, the 24th of that month, at three o’clock After the signing of the minutes of the previous meeting and of the conference with the cinematograph trade, the formation of the Joint Board was fully discussed. The secretary reported that the following associations had already appointed delegates :— The Incorporated Society of Kinemato- graph Manufacturers. he Society of West End Theatre Managers. The Theatrical Managers’ Association. The Cinematograph Exhibitors’ Association of Great Britain and Ireland. The Touring Managers’ Association. Further, that he had not heard definitely from the Entertainments Protection Associa- tion and the Incorporated Association of Film Renters, as these two bodies were awaiting meetings of their respective committees. He hoped, however, to receive the names of their delegates in a few days. ? The next matter that arose was the appoint- ment of delegates from the Society of Authors. After considerable discussion, the following motion, proposed by Mr. Justin Huntly McCarthy, and seconded by Mr. Haddon Chambers, was passed unanimously :— “That the Authors’ Society be represented on the Joint Board by its Dramatic Sub- Committee.” It was decided to call a meeting of the Joint Board for Thursday, May 14, when the future working of the Board would be fully discussed. ; The secretary reported on the matter of the Managerial Treaty, that he had heard from Mr. Fladgate, who was acting as solicitor for the Society of West End Theatre Managers, THE AUTHOR. Olt that the matter had been further delayed owing to Mr. Gatti’s absence, but that he hoped to send a report in due course. Certain cases were then considered. The committee confirmed the action of the chair- man in a small case for the collection of a dramatist’s fees, and in a case of some import- ance for the collection of fees on cinemato- graph rights in America. It was decided to advise the committee of the Society to drop a small case of infringement of copyright in Canada, as the issues were exceedingly small and the expenses would be very heavy, as it would be necessary for a commission to be appointed to come to England in order to collect evidence. The secretary then reported that the solicitor’s opinion on a claim for alleged infringement of copyright put forward by a member was adverse to the claim, and the sub-committee decided that nothing further could be done. There was one case in which the French Society was involved, and the secretary was instructed to write to the secretary of the French Society on the matter. In regard to the copyrighting of a member’s work in Canada by Mr. Frohman, the secretary was instructed to write to Mr. Lestocq, Mr. Frohman’s London agent, for full particulars. 7 CONFERENCE FOR THE PROTECTION OF FILM PRODUCTION (CALLED By THE Dramatic SuB-CoMMITTEE), —_t-—— + CONFERENCE between the Dramatic Sub-Committee and representatives of the associations mentioned below was held on Friday, March 27, at three o’clock at the Society’s address. Touring Managers’ Association.—Messrs. H. Ralland and G. Carlton Wallace. Theatrical Managers’ Association.—Messrs. Walter Melville and Perey Hutchison. Incorporated Association of Kinematograph Manufacturers.—Messrs. H. A. Browne and J. F. Brocklies, and J. Brooke Wilkinson (Secretary). oS Cinematograph Eahibitors’ Association.—Mr. W. Fowler Pettie, Film Renters’ Association.—Mr. Cluett Lock. Mr. R. C. Carton, chairman of the Dramatic Sub-Committee, opened the proceedings by thanking the members of the various associa-  212 tions for their presence, and placed before the meeting the following agenda :— | (1) To consider what joint actions should be taken to safeguard— (a) Titles. : (b) Subject-matter. : (2) The appointment of a Joint Board to protect the common interests of authors, manufacturers and the film trade generally. Mr. Carton quoted the case which had just been carried through, viz., “ Sealed Orders,” and read a letter he had received from Mr. Cecil Raleigh, who was, unfortunately, unable to attend. Considerable discussion followed on different points which were raised, viz., the protection of titles and of cinema property generally, the representatives of the Kinematograph Manufacturers’ Association being very strong on the point that legislation was necessary. Finally, the following resolution :-— “That the appointment of a Joint Board to protect the common interests of authors, film manufacturers, exhibitors, renters, thea- trical managers and the film trade generally would be to the advantage of all parties concerned,” proposed by Mr. Justin Huntly McCarthy, and seconded by Mr. Haddon Chambers, was carried unanimously. The matter will be referred to the board of each association represented at the meeting, so that two delegates from each association may be appointed to sit on the Joint Board. It was decided also to ask the Society of West End Managers and the Music Halls’ Association to appoint delegates also. a Cases. Durine the past month the secretary has handled fifteen cases. Five of these dealt with disputes on contracts. It is interesting to note that these cases are referred to the Society in larger numbers, and that the publishers or editors concerned are often willing to accept the informal arbitration of the secretary. Out of five, two have been satisfactorily settled, and three are still in the course of negotiation. Disputes of this kind generally involve a good deal of letter writing before they are concluded. There are three cases,where accounts have not been rendered. ‘Two had to be handed to the solicitors of the Society and are now finished. In the third case the accounts were rendered in due course. - There were three cases where MSS. had been THE AUTHOR. [MAY, 1914. retained. In one instance the MS. has been recovered and forwarded to the member, and in the others the secretary is still waiting for a reply. In two cases of infringement of copyright, one lying in the United States is still in course of negotiation, and the other has been satis- factorily settled. In two claims for money, one in France has not yet been settled and the other has had to be handed over to the solicitors of the Society. This last is the case of a magazine against which the Society has had a fair number of claims. They have all been met in the end, but it is generally necessary that the solicitors should deal with the matter before a satis- factory result is obtained. Out of the total of fifteen cases, therefore, five have been successful, three have had to be handed to the solicitors, and two are out of England. : There are still a good many cases remaining over from last month. This is no doubt owing to the fact that little business has been done during the Easter holidays. There are two disputes on contracts. Of these one is in the United States, and will naturally take some time to settle. The second, having been referred to the committee, cannot be closed until after the committee meet in May. There are still four claims where the demand for the return of MSS. has not been complied with. It has often been pointed out in these columns that claims of this nature are difficult to deal with. In many cases it is only possible to bring the delinquent to book by continually reminding him by letter. As answers have been received from the retainers of the MSS. in all four cases, it is possible that they will terminate satisfactorily. There are two other matters still open, oné of infringement of copyright in the United States, which will be some time before it is settled, and a complicated dispute on accounts, which also will need further handling. te April Elections. Borthwick, Miss Jessica 22, The _ Bolton : Studio, Redcliffe Road, S.W. 2, St. John’s Hill, Lewes, Sussex. cfo Sir C. R McGrigor, Bart. & Co., 25, Charles Street, S.W. Brown, Mrs. Frances Buckle, Gerard Fort . MAY, 1914] Campbell, Miss M. M. Chalmers, C. , Chovil, A. Harold Clue, G. Leo Collins, Sewell Croysdale, Mrs. Agnes. Drummond, The Hon. Capt. Robert Charles Dunlop, Miss Jocelyn. Fairbridge, Miss Dorothea Farrer, Miss M. Bruce . Girdwood, John . Gordon, Miss Helen C.. Grattan, Harry . : Green, Emanuel, F.S.A., F.R.S.L. Haig, Elizabeth . Heape, Walter Inman, Arthur Conyers Leeney, G. H. Leeney, Harold, M.R.C.V.S. Lonsdale, Miss Eva MacMunn, Lt.-Col. G. F., D.S.O., R.L.F. a eens, Stephen M. Moore, William . . Morgan, Mrs. Caroline. Paine, Mrs. Josephine . _ Piercey, Benjamin H. . Platt, Charles. THE AUTHOR. Marchfield Bracknell. House, “Maison,” Russell Road, Moseley, Birmingham. — 3, Milton Herne Hill, S.E. 88, Loudoun Road, St. John’s Wood, N.W. London and South Western Bank, Notting Hill, W. 11, Walpole Street, Chelsea, S.W. Paradise, Claremont, S. Africa. 5, Kent Gardens, Ealing, W. 16, Ainslie Edinburgh, 29, Queen Street, S.W. Place, and Anne 4, Regent Street, W. 6, Piazza d’Azeglio, Florence, Italy. 10, King’s Bench Walk, Temple, E.C. 34, Hereford Square, S.W. Pilton, Mallet. Pilton, Mallet. 21, Talgarth Road, West Kensington, W. c/o Cox & Co., 16, Charing Cross, W.C. 6, Clement’s Strand, W.C. 23, Avenue du Bois de Boulogne, Paris, France. 38, Agincourt Road, Hampstead, N.W. 16, Emperor’s Gate, S.W. Medstead, Hants. 5, Queen’s Gate, S.We 60, Stapleton Road, S.W. Shepton Shepton Inn, Road,” Roscoe, Ada Ross, Charles , Rubenstein, H. F. Somerset, Raglan H. E. H Stacpoole, Mrs. Margaret de Vere Stoeving, Paul 213 c/o Shurey’s Publi- cations, 2 and 3, Hind Court, E.C. The Hippodrome, Aldershot. 76, Addison Road, Kensington, W. Raglan, Monmouth- shire. Swiss Cottage, Vent- nor, Isle of Wight. 29, Blenheim Road, Abbey Road, N.W. 20, Minford Gardens, West Kensington Park, W. Hunter Street, Brunswick Square, W.C. Williams, Hugh Wood-Jones, F., D.Se.. 8, Wrightson, Prof. John. ————_1 <_< BOOKS PUBLISHED BY MEMBERS. —+-—— + 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 that many of the books mentioned are not sent to the office 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, ANTHROPOLOGY. INTERMEDIATE TYPES AMONG PRIMITIVE Fotx. A Study in Social Evolution. By E. Carpenter. 8} x 5}. 185 pp. Allen. 4s. 6d. n. ARCHITECTURE. DILAPIDATIONS AND Fixtures. A Textbook in Tabulated Form for the use of Architects, Surveyors, and Others. By Proressor BANISTER FLETCHER. Seventh Edition. Revised and largely re-written by B, F. Frercumr and H.P.Frietcunr. 7} x 5. 191 pp. Batsford. 6s. 6d. BIOGRAPHY. RICHARD CORFIELD OF SOMALILAND. Barrerssy. 9 X 53. xviii + 259 pp. 10s. 6d. n. Tuer Doass or VENICE. 9 x 5}. 394 pp. Methuen. 12s. 6d. n. Tue Lire or Cesare Boraia. By. Raraet SABATINI. 465 pp. [First published 1912.] Honore DE Bauzac. His Life and Writings. By Mary F.Sanpars. 312 pp. [First published 1904.] (The Essex Library.) 8} x 5}. Stanley Paul. 5s. n. each. BOOKS FOR THE YOUNG. Tan Boy Scours’ Rott or Honour. By Eric Woop. With a Foreword by Lizvut.-Gen. Sir Ropert Bapen- Powe, K.C.B. 8} x 5}." 308 pp. Cassell. 3s. 6d. n. By H. F. Prevost Arnold. By Mrs. Ausrey RIcHARDSON, 212 tions for their presence, and placed before the meeting the following agenda :— _ (1) To consider what joint actions should be taken to safeguard— (a) Titles. (b) Subject-matter. (2) The appointment of a Joint Board to protect the common interests of authors, manufacturers and the film trade generally. Mr. Carton quoted the case which had just been carried through, viz., ‘‘ Sealed Orders,” and read a letter he had received from Mr. Cecil Raleigh, who was, unfortunately, unable to attend. Considerable discussion followed on different points which were raised, viz., the protection of titles and of cinema property generally, the representatives of the Kinematograph Manufacturers’ Association being very strong on the point that legislation was necessary. Finally, the following resolution :— “That the appointment of a Joint Board to protect the common interests of authors, film manufacturers, exhibitors, renters, thea- trical managers and the film trade generally would be to the advantage of all parties concetned,”’ proposed by Mr. Justin Huntly McCarthy, and seconded by Mr. Haddon Chambers, was carried unanimously. The matter will be referred to the board of each association represented at the meeting, so that two delegates from each association may be appointed to sit on the Joint Board. It was decided also to ask the Society of West End Managers and the Music Halls’ Association to appoint delegates also. Oo Cases. Durine the past month the secretary has handled fifteen cases. Five of these dealt with disputes on contracts. It is interesting to note that these cases are referred to the Society in larger numbers, and that the publishers or editors concerned are often willing to accept the informal arbitration of the secretary. Out of five, two have been satisfactorily settled, and three are still in the course of negotiation. Disputes of this kind generally involve a good deal of letter writing before they are concluded. There are three cases where accounts have not been rendered. T'wo had to be handed to the solicitors of the Society and are now finished. In the third case the accounts were rendered in due course. There were three cases where MSS. had been THE AUTHOR. [MAY, 1914. retained. In one instance the MS. has been recovered and forwarded to the member, and in the others the secretary is still waiting for a reply. In two cases of infringement of copyright, one lying in the United States is still in course of negotiation, and the other has been satis- factorily settled. In two claims for money, one in France has not yet been settled and the other has had to be handed over to the solicitors of the Society. This last is the case of a magazine against which the Society has had a fair number of claims. They have all been met in the end, but it is generally necessary that the solicitors should deal with the matter before a satis- factory result is obtained. Out of the total of fifteen cases, therefore, five have been successful, three have had to be handed to the solicitors, and two are out of England. . There are still a good many cases remaining over from last month. This is no doubt owing to the fact that little business has been done during the Easter holidays. There are two disputes on contracts. Of these one is in the United States, and will naturally take some time to settle. The second, having been referred to the committee, cannot be closed until after the committee meet in May. There are still four claims where the demand for the return of MSS. has not been complied with. It has often been pointed out in these columns that claims of this nature are difficult to deal with. In many cases it is only possible to bring the delinquent to book by continually reminding him by letter. As answers have been received from the retainers of the MSS. in all four cases, it is possible that they will terminate satisfactorily. There are two other matters still open, one of infringement of copyright in the United States, which will be some time before it is settled, and a complicated dispute on accounts, which also will need further handling. — April Elections. Borthwick, Miss Jessica 22, The — Bolton Studio, Redcliffe Road, S.W. 2, St. John’s Hill, Lewes, Sussex. cfo Sir C. R, McGrigor, ‘Bart. & Co., 25, Charles Street, S.W. Brown, Mrs. Frances Buckle, Gerard Fort .  MAY, 1914] Campbell, Miss M. M. . Chalmers, C. : : Chovil, A. Harold : M2 Clue, G. Leo Collins, Sewell Croysdale, Mrs. Agnes. Drummond, The Hon. Capt. Robert Charles Dunlop, Miss Jocelyn. Fairbridge, Miss Dorothea Farrer, Miss M. Bruce . Girdwood, John . : Gordon, Miss Helen C.. Grattan, Harry . : Green, Emanuel, F.S.A., F.R.S.L. Haig, Elizabeth . : Heape, Walter Inman, Arthur Conyers Leeney, G. H. Leeney, Harold, M.R.C.V.S. Lonsdale, Miss Eva MacMunn, Lt.-Col. G. F., D.S.O., R.L.F. ns, Stephen M. Moore, William . Morgan, Mrs. Caroline. Paine, Mrs. Josephine . Piercey, Benjamin H. . Platt, Charles. : THE AUTHOR. Marchfield Bracknell. House, ‘*Maison,”? Russell Road, Moseley, Birmingham. 3, Milton’ Road, Herne Hill, S.E. 38, Loudoun Road, St. John’s Wood, N.W. London and South Western Bank, Notting Hill, W. 11, Walpole Street, Chelsea, S.W. Paradise, Claremont, S. Africa. 5, Kent Gardens, Ealing, W. 16, Ainslie Edinburgh, 29, Queen Street, S.W. Place, and Anne 4, Regent Street, W. 6, Piazza d’Azeglio, Florence, Italy. 10, King’s Bench Walk, Temple, E.C. 34, Hereford Square, S.W. Pilton, Mallet. Pilton, Mallet. 21, Talgarth Road, West Kensington, W. c/o Cox & Co., 16, Charing Cross, W.C. 6, Clement’s Strand, W.C. 23, Avenue du Bois de Boulogne, Paris, France. 38, Agincourt Road, Hampstead, N.W. 16, Emperor’s Gate, S.W. Medstead, Hants. 5, Queen’s Gate, S.We 60, Stapleton Road, S.W. Shepton Shepton Inn, , Rubenstein, H. F. 213 Roscoe, Ada c/o Shurey’s Publi- cations, 2 and 8, Hind Court, E.C. The Hippodrome, Aldershot. 76, Addison Road, Kensington, W. Somerset, Raglan H. E. Raglan, Monmouth- H. shire. Stacpoole, Mrs. Swiss Cottage, Vent- Margaret de Vere nor, Isle of Wight. Stoeving, Paul 29, Blenheim Road, Abbey Road, N.W. 20, Minford Gardens, West Kensington Park, W. Hunter Street, Brunswick Square, W.C. Ross, Charles Williams, Hugh Wood-Jones, F., D.Se.. 8, Wrightson, Prof. John. i BOOKS PUBLISHED BY MEMBERS. — + 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 that many of the books mentioned are not sent to the office 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. ANTHROPOLOGY. INTERMEDIATE TYPES AMONG PRIMITIVE Fotx. A Study in Social Evolution. By E. Carpenter. 83 x 53. 185 pp. Allen. 4s. 6d. n. ARCHITECTURE. DILAPIDATIONS AND Fixtures. A Textbook in Tabulated Form for the use of Architects, Surveyors, and Others. By PRroressor BaNniIsTER FLETCHER. Seventh Edition. Revised and largely re-written by B. F. Fiumrcuur and H.P.Furrcumr. 74 x 5. 191 pp. Batsford. 6s. 6d. BIOGRAPHY. RICHARD CORFIELD OF SOMALILAND. BaTrersBy. 9 X 53. xviii + 259 pp. 10s. 6d. n. Tur Dogus or Venice. By Mrs. AuBREY RIcHARDSON, 9 x 53. 394 pp. Methuen. 12s. 6d. n. Tue Lire or Cusarn Borat. By. Rarazt SaBaTInNi. 465 pp. [First published 1912.] Honors pr Bauzac, His Life and Writings. By MaryF.Sanpars. 312 pp. [First published 1904.] (The Essex Library.) 8} x 54. Stanley Paul. 5s. n. each, BOOKS FOR THE YOUNG. Tae Boy Scours’ Rott or Honour. By Eric Woop. With a Foreword by Limut.-Gen. Sir Ropert Bapen- Powstt, K.C.B. 8} x 5}.° 308 pp. Cassell, 3s. 6d. n. By H. F. Prevost Arnold.  214 BOOKS OF REFERENCE. Coxoisz Dictionary or Proper NAMES AND NoTaBLeE Marrers in tae Works or Dante. By PAGET ToyNBEE. 8X5. 568 pp. Oxford University Press. 7s. 6d. n. DRAMA AND ELOCUTION. Tue Two Virturs. A Comedy in Four Acts. By Atrrep Svurro. 6} x 54. 100 pp. Duckworth. ls. 6d. n. Prays By Leo Toxstoy. Translated by LovisE and ‘Ayumer Mavpr. (Complete Edition, including the Posthumous Plays.) 8} x 5}. 413 pp. Constable. 5s. n. Anpromacuz. A play in Three Acts. By GILBERT Murray. (Revised Edition.) 7} x 43. 104 pp. Allan. 1s. n. Dramatic Actuanitias. By W. L. Grorcs. 7} x 5. 124 pp. Sidgwick and Jackson. 2s. n. Rors Enovcn. A Play in Three Acts. By ConaL O’Riorpan. (Norrey’s Connell.) 73 x 5. 112. pp. Maunsel. 2s. n. Srx Monoroauss (performed by BRANSBY WILLIAMS). By Harry WYNNE. 7} x 43. 11 pp. Joseph Williams, Ltd. 6d. n. Tar Doctor’s Diremma. By Brrnarp SHaw. (Cheap Edition.) 8 x 53. 128 pp. Constable. 6d. FICTION. Tun Men wo Fovcut ror Us. A tale of the ‘‘ Hungry Forties.’ By Atuen CrarKe. 7} x 5$. 300 pp. Co-operative Newspaper Printing Society. 5s. Tanza. A Russian Story. By Merrie, BucHanan. 7% x 5. 328 pp. Jenkins. 6s. Jupas THE Woman. By F.C. Puitresand A. T. PHILies. 74 x 5. 283 pp. Eveleigh Nash. Tue Passionate ELOPEMENT. By Compron MACKENZIE. (Cheap Reprint.) 74 x 5. 344pp. MartinSecker. 2s.n. A Tuier in THE Nicut. By E. W. Hornune. (Cheap Reprint.) 376 pp. Nelson. 7d. n. Lismoyye. An Experiment in Ireland. By B. M. Croker. 74 x 5. 386 pp. Hutchinson. 6s. n. Mistress Cuariry GopoLPHin. By Guapys MURDOCK. 7% x 5. 309 pp. Murray. 6s. Tore Herm to THE THRone. By A. W. Marcumont. 74 x 5. 334 pp. Ward, Lock. 6s. Tue Heart or Monica. By Rosina Fivippi. 7} X 5. 214 pp. Cassell. 3s. 6d. Wuat wit Prorte Say? By RupertHvucues. 7} x 5. 510 pp. Harpers. 6s. Tue Jupament or Eve. By May Sincuarr. 7} xX 5. 323 pp. Hutchinson. 6s. Tue Fortunate Youtsu. By W. J. Locxr. 7} x 5}. 352 pp. Lane _ 6s. James WuITAKER’s DuKEDOoM. By E. Jepson. 7} X 5. 355 pp. Hutchinson. 6s. A Free Hanp. By Herren C. Roserts. 7} x 5. 322 pp. Duckworth. 6s. Unto Cmsar. By Baroness Ornczy. 73 X 5. 331 pp. Hodder and Stoughton. 6s. Joan Buirret’s Davauturs. By KaTHARINE TYNAN. 7% x 54. 333 pp. Smith, Elder. 6s. Jmi-Aut-ALonE. By “Rita” (Mrs. Desmond Hum- phreys). 73% x 5. 335 pp. Stanley Paul. 6s. Tue Gates or Doom. By Rararn Sapatini. 7} Xx 4}. 343 pp. Stanley Paul. 6s. Firemen Hor. By C. J. Curcnirre Hynn. 7 x 5. 309 pp. Methuen. 6s. Tue Hippen Mask. By C. Guise Mirrorp. 7} x 5. 336 pp. Greening. 6s. Tue Crimson Mascot. By Cuarues E.PEARCE, 7} x 4}. 335 pp. Stanley Paul. 68. THE AUTHOR. [MAY, 1914. Lonpon Crrovs. By Henry BazrRuern. 7} x 5}. 316 pp. Fifield. 6s. Turn Foot Errant. By Maurice Hew err. 383 pp. Tre Prince or Prosperity. By H.A.VACHELL. 320 pp. (The Wayfarers’ Library.) 7 x 44. Dent. 1s. each. Tae Spats of THE Miauty. By Sir GiperT PARKER. 6} x 44. 469 pp. Nelson’s Sevenpenny Library. Tun Wispom oF Fouuy. By Eten THORNEYCROFT Fowier. 260 pp. Napa tHe Liry. By H. Riper Haacarp. 321 pp. BreTrerTHan Lire. By CHARLES Garvice. 320 pp. (Sevenpenny Library.) Hodder and Stoughton. DopoTHESrconD. By E. F. Benson. Hodder and Stoughton. 6s. Tue OrLEY TRADITION. By Rap STRAUS. 360 pp. Metheun. 6s. Tur ReBELLion or EsTHEr. 7% x 5. 317pp. 717i x 5. By Marcaret LEGGE. 72 x 5. 314 pp. Alston Rivers. 6s. A Urrrue Raprant Girt. By Karuarinn Tynan. 63 x 54. 384 pp. Blackie. 6s. Tar Devries Proression. By GeRTIE DE S. WENT- wortH JamEs. 73 x 5. 319 pp. Everett. 6s. LeviaTHan. By Jeannette Marks. 7} x 5}. 329 pp. Hodder and Stoughton. 6s. HISTORY. HANNrBAL ONCE More. By D. W. FRESHFIELD. 9 X 5}. 120 pp. Arnold. 5s. n. LITERARY. Tam FRANCISCAN Ports IN ITALY AND THE 13TH CENTURY. By Freperick Ozanam. Translated and annotated by A. E. Neuien and W. E..Craic. Messrs. David Nutt. 6s. n. Wuere no Far was. A Book about Fear. By A. C. Benson. 8 x 5}. 240 pp. Smith, Elder. 68. n. In Pursuit oF SPRING. 301 pp. Nelson. 5s. Lerrers to Caroyine. By Exmyor Guyn. 7} X 5. 154 pp. Duckworth. 2s. n. Love. By Gipert Cannan. 55 pp. FLOWERS. By J. Foorp. 68 pp. TrRexs. By ELEANOR FaRJEON. 54 pp. Naturs. By W. H. Davins. 54 pp. THE Meaning or Lire. By W. L. Courtney. 72 pp. Portry. By A. QuitueR-CovcH. 64 pp. (Fellowship Books. Edited by Mary Stratton.) 7 Xx 4}. Bats- ford. 2s. 6d. n. Sounps AND Siens. A Criticism of the Alphabet, with Suggestions of Reform. By A. Witpr. 7} xX 5. 180 pp. Constable. 4s. 6d. n. MUSIC. By Epwarp Tuomas. 8} x 6. Tue Music or Hinpostan. By A. H. Fox Straneways ~ 9} x 5%. 364 pp. Oxford: Clarendon Press. London: Milford. 21s. n. NATURAL HISTORY. British Frowerine Prants. Ilustrated by 300 Full- Page Coloured Plates, reproduced from Drawings by Mrs. Henry Perrin, with detailed descriptive notes and an Introduction by Prorsssor Bovunesr, F.L.S. Vol. L., xiii. +10}. Quaritch. £12 12s. the set of four vols. PAMPHLETS. EvucnHarist AND BisHop. By the Rrv. J. H. SKRINE, D.D. Longmans. Ils. n. In Quust or TRuTH. Being a Correspondence between Sim Artruur Conan Doyir and CaprarIn STANSBURY, R.N. Watts. 2d. E 1 |  MAY, 1914.] POETRY. ‘Tus Sea is Kiyp. By T. Srurce Moors. *-174 pp. Grant Richards. 6s. n. Tue REVERBERATE Hints. By E. OprpeNHEIM. m 56 pp. Constable. 3s. 6d. n. A Raapsopy For Lovers. By A. Maquarie. 47 pp. Bickers. & x 62. ue & 6. 5 x 3h. POLITICS. Tue TrutTH apout Utster. By F. Franxrort Moor. 9 x 5%. 286 pp. Nash. 7s. 6d. n. REPRINTS. Karty Bett tHE ORPHAN. Possibly an Earlier Version of Charlotte Bronté’s ‘‘ Jane Eyre.”” With an Introduc- tion by Mrs. Exuis H. Caapwick. 7$ x 5. xxviii. + 146 pp. Sir Isaac Pitman. 2s. 6d. n, ‘Tue Poems or Sir Tuomas Wiat. From the MSS. and Early Editions. Edited by A. K. Foxwnty. 7} x 5. 268 pp. Published for the University of London Press by Hodder and Stoughton. 3s. 6d. n. ‘THe Fire or Love anp THE MenpinG or Lire. By Ricuarp Rotie. Translated by Ricnarp MiIsyn. Edited and done into Modern English by Francis M. M. Comesr. With an Introduction by Evetyn UNDER- HILL. 7? x 5. Ixii. +278 pp. Methuen. 3s. 6d. n. SCIENCE. THe WoNpDERS oF Brirp-Lire. 128 pp. (Twentieth Century Science Series.) Manchester: Milner. ls. n. SOCIOLOGY. PREPARATIONS FOR Marriace. By W. Hears, F.R.S. 168 pp. Wuat ir Means To Marry: Or, YOUNG Women anp Marriage. By Dr. Mary ScHARLIEB. 140 pp. (‘Question of Sex” Series.) 73 x 43. Cassell. 2s. 6d. n. each. SPORT. AmatTeuR Samtinc. Reminiscences by C. F. ABpDY Wiuutams. 8} x 54. 110 pp. Potter. 4s. Necro Fork Sinerne-GAMES AND FoLtK GAMES OF THE Hasrrants. Traditional Melodies and Text tran- scribed by Grace CLEVELAND Porter. Accompani- ments by H. W. Loomis. 12 x 9. xix. +35 pp. Curwen. THEOLOGY. CatHouiciry; Concionrs ap Cuinrum. By T. A. Lacey. 73 x 5}. 149 pp. Mowbray. 2s. 6d. n. Tue Gotpen Censor. By Fiorence L. Barcnay. 64 x 41. 71 pp. Hodder and Stoughton. ls. 6d. n. Tue Orpinaky Man anp THE EXTRAORDINARY THING. By Harotp Brasie. (Popular Edition.) 74 x 5. 160 pp. Hodder and Stoughton. 1s. n. TRAVEL. How to Ses tue Vatican. By Dovaetas SLADEN. 8k x 54. 441 pp. Kegan Paul. 6s. n. ALBANIA. The Foundling State of Europe. By WapHAM Pracock. 9 x 53. 256 pp. Chapman and Hall. 7s, 6d. n. By W. P. WESTELL. 7k x 5. —___+——_+-__—_——_- LITERARY, DRAMATIC, AND MUSICAL NOTES. paceser nee one oneany R. EDWARD CLODD has rewritten his ‘“‘ Childhood of the World,” which was first published in 1872. The new edition, to which illustrations are added, is THE AUTHOR. 215 divided into three parts: Man the Worker, Man the Thinker, Man the Discoverer (Macmillan & Co.). Mr. Clement Edwards Pike, F.R.Hist.S., edits for the Royal Historical Society “ Selec- tions from the Correspondence of Arthur Capel, Ear! of Essex, 1675—1677.”’ This book makes the twenty-fourth volume of the Camden Third Series, and may be obtained from the offices of the Society, 6 & 7, South Square, Gray’s Inn. ‘ Albania: the Foundling State of Europe ” is the title of a new book by Mr. Wadham Peacock, formerly private secretary to H.B.M.’s Chargé d Affaires in Montenegro. The book, which has numerous illustrations, deals with history, customs, scenery, and politics (Chapman and Hall, 7s. 6d. net). In “ The Philosophy of Welsh History ” the Rev. J. Vyrnwy Morgan, D.D., author of ‘The Welsh Religious Revival, 1904-5,” ete., does not pretend, he says, to give a history of Wales or a consecutive narrative of the movements that have affected the principality. He calls, however, for a reconsideration of many of the conclusions formed by Welsh nationalist historians, whose deductions he contends to be without justification (John Lane, 12s. 6d. net). There has been just brought out by the firm of Elkin Mathews “ Florentine Vignettes, being some metrical letters of the late Vernon Arnold Slade, edited by Wilfrid Thoiley.” The author is of course the editor, and the letters are written in the guise of an art- student newly arrived in the Tuscan capital. There is a frontispiece adapted from the marble pediment of Cellini’s “ Perseus ”’ and a Finis taken from masks on a fountain in the Cascine. Mr. Wharndford Moffatt has a volume of ‘“‘ New Canadian Poems,” of which a copy has been accepted by H.E. the Governor-General. The book is being published by Simpkin, Marshall, & Co., price 2s. 6d. net. In “ Dodo the Second” Mr. E. F. Benson returns to an early mood and an heroine whose literary birth took place a score of years ago (Hodder and Stoughton). oe Mr. W. J. Locke’s new novel is “ The Fortunate Youth ” (John Lane). It is stated of Mrs. Elinor Glyn’s “ Letters to Caroline ” that it is not a story but a series of letters of wisdom and counsel from a god- mother to a goddaughter who is just entering Society (Duckworth, 2s. net). : Mr. Charles Garvice’s new novel is entitled “© A4 Woman’s Way,” and has just been published by Hodder and Stoughton.  216 Miss May Wynne has a romance of the Huguenot period on the point of publication, under the name of ‘“‘ The Silent Captain.” K. L. Montgomery’s forthcoming romance, which was announced in the last issue of The Author as “ Ears of Leather,” will be published by John Long in London and the Colonies under the title “‘ Maids of Salem.” Holden and Hardingham are publishing immediately Mr. Kineton Parkes’s novel * The Money Hunt : A Comedy of Country Houses.” Miss K. Everest’s new romance “ Beaufoy,” is published this month by Lynwood & Co. This is a tale for young people. A copy has been graciously accepted by H.R.H. Princess Mary. “The Good Shepherd,” by John Roland, is the romance of a young American doctor in a remote Tyrolese valley, who comes to play the part of saviour to the suffering peasants and, in doing so, himself regains a faith which he has lost and wins a wife (Blackwood). Miss Edith M. Keate’s “A Garden of the Gods ” is the love-story of a blind man in a beautiful garden, though introducing numerous other characters (Alston Rivers). Miss Meriel Buchanan, author of “ Tania: a Story of Russian Life’ (Jenkins), is the daughter of the British Ambassador at Con- stantinople. ‘“‘ Lovers’ Meetings” is the title of a new collection of short stories by Mrs. Katharine Tynan (Werner Laurie). A new edition has just been published of “Pink Purity,” by Mrs. Gertie de S. Went- worth James (Werner Laurie, 1s. net). Mrs. C. Romanné James has been appointed to the editorship of the quarterly Buddhist Review. “The Art of Dainty Decoration,” by Mrs. Emily J. Skeaping, is a little paper- covered book dealing with such subjects as how to paint on silk, satin, or velvet, how to decorate with stencils, how to make original cards, ete. (Winsor and Newton, 1s.). “‘ Jehane of the Forest,’ by L. A. Talbot (Mrs. Ferguson) is a lively romance of a period and place which has attracted no novelist of note since Scott wrote “‘ The Betrothed ” ; namely, the marches of Wales in the reign of Henry II. “Infatuation,”” by Marcu; Knox, is pub- lished by Robert Ashley. DraMatTIc. The long run of Mr. G. K. Chesterton’s “Magic” at the Little Theatre concluded on March 28. On April 11, at the same theatre, THE AUTHOR. [MAY, 1914 Mrs. Percy Dearmer’s ‘“‘ Brer Rabbit and Mr. Fox,” with music by Mr. Martin Shaw, commenced a matinée season. On April 11 was the first performance at His Majesty’s Theatre of Mr. G. Bernard Shaw’s ‘“ Pygmalion.” On the same night Mr. G. R. Sims’s “ The Lights 0’ London ” was revived at the Aldwych. Mr. Israel Zangwill’s ‘“‘ The Melting Pot” was transferred on April 18 from the Queen’s to the Comedy Theatre. ‘The Mob,” a four-act play by Mr. John Galsworthy, was seen at the Coronet Theatre on April 20 and succeeding days. On April 21 the first performance took place of ‘“‘My Lady’s Dress,” by Mr. Edward Knoblauch, the theatre being the Royalty. ““The Clever Ones,’”’ Mr. Alfred Sutro’s new comedy, opened at Wyndham’s Theatre on April 23. The play chosen for the matinée at His Majesty’s Theatre on May 22, in aid of King George’s Pension Fund for Actors and Actresses, is Mr. Henry Arthur Jones’s and the late Mr. Henry Herman’s “‘ The Silver King.” A new one-act play, ‘‘ Beastly Pride,” by Miss Elizabeth Baker, was produced at the Croydon Repertory Theatre on April 23. The West End Productions, Ltd., on April 22, gave their sixth special matinée at the London Pavilion, among the plays pro- duced being ‘“‘ The Girl from Australia,” by Mrs. E. H. Harris. Two of Mr. Charles Garvice’s plays are now on tour—‘‘ The Heritage of Hale,” a four-act piece in which Mr. Garvice had the assistance of Mr. Arthur Shirley and which was first seen on January 7; and ‘‘ Marygold,’’ by Messrs. Charles Garvice and Allen F. Abbott, first produced at the Royalty Repertory Theatre, Glasgow, on March 23. The Authors’ Producing Society is “an association of subscribers formed for the purpose of producing plays—particularly those of an educational and sociological character— hitherto unseen in England.” The society’s first season began with the performance at the Little Theatre on February 16 of John Pollock’s translation of M. Brieux’s ‘“‘ Les Avariés ” (‘Damaged Gocds’’). Other performances of the play took place at the Court Theatre on April 19 and 30, and a fourth is announced for May 10. The address of the secretary of the society is 4, Duke Street, Adelphi, W.C. Mr. Herbert Jenkins, author and publisher, has now become a playwright also. A one-act play of his, “‘ With Her Husband’s Permission,”’ is to be produced by Miss Muriel Pratt at the  MAY, 1914.] Theatre Royal, Bristol, on May 18. Later on a West End production is contemplated. Musica. “Negro Folk Singing Games and Folk Games of the Habitants”’ is the title of a collection of traditional melodies and text transcribed by Grace Cleveland Porter, with accompaniments by Harvey Worthington Loomis. The work is published in this country by J. Curwen and Sons, Berners Street, W.., at 2s. 6d. ““The Music of Hindostan,” by A. H. Fox Strangways, is an attempt to deal, in one volume, with the music of the Indus and Ganges basins. Seventeen separate plates illustrate the book, which is published by the Clarendon Press at 21s.fnet. —— se PARIS NOTES. ——+ <> REAT preparations were made _ for the Royal visit to Paris. The Palais des Affaires Etrangeres was furnished for the occasion with historical furniture which had belonged to Louis XIV., Louis XV., Louis XVI., and to Napoleon I. The Avenue de l’Opéra and various other streets of Paris were decorated with garlands of roses. The magazines and reviews have been vying with each other in giving articles concerning the English King and Queen. : ‘“Croquis d’Outre-Manche ” is the title of the latest book on England by M. Jacques Bardoux. Most foreign writers content them- selves with visiting London for giving their opinion on England and its people. M. Bardoux has taken the trouble to go to the more remote parts of our island and to study the far back history of our nation, in order to explain the present by the past. He takes his readers to the old-world county of Somerset. He goes back to Hugues de Lincoln, and gives us an interesting account of Glastonbury, of Wells, and of Bath. : ““ Entre deux Mondes,” by Inés’ Bello, is a curious psychological study of a woman. The story opens with a journey from Florence to Rome and a chance meeting in the train. There is no plot and very little episode. The whole volume is taken up with the senti- ments of the two persons who meet in this way. Incidentally we have descriptions of Rome and of the very soul of Rome. The book is distinctly original as a psychological study. THE AUTHOR. 217 “ L'Homme de désir,”” by M. Robert Vallery- Radot, is a novel which might certainly take rank among the books belonging to the ~ Spiritualistic literature’ so much in vogue now in France. The President of the French Republic was represented at the funeral of Mistral, the celebrated meridional poet. The event of the month in the theatrical world has been Antoine’s resignation of his post as Director of the Odéon. It is not yet known who will be invited to succeed him at the second State Theatre. It is rumoured that M. Camille de Sainte Croix, who has for some years been running the French Shake- speare Theatre, stands a very good chance of being elected. M. Lugné Poe is also men- tioned as a candidate, and there are two or three other names on the list. The last play put on by Antoine was Psyché, a tragedy-ballet in five acts by Moliére, Pierre Corneille et Quinault, with music by Lulli, arranged by M. Julien Tiersot. This recon- stitution was extremely artistic and interesting, and was a fitting close to Antoine’s career at the Odéon. At the Gymnase, Henri Lavedan’s three- act play “‘ Pétard’”’ has been given. There is plenty of episode and there are good dramatic . situations, but the chief interest is the study of modern life. We see the old world giving way to the new and the old traditions being sacrificed for the sake of gold. Pétard is a nouveau riche, a parvenu, and we see him buying the ancestral home of an old family. M. Lavedan shows us the forces of the past waging war with the material force of our epoch. In honour of the Royal visit the Little English Theatre arranged to come over from London and give a special three-play bill during the week of the festivities. The pieces chosen were ‘“‘ The Critic ’’ by Sheridan, ‘* The Tents of the Arabs’ by Lord Dunsany, and “The Music Cure’? by George Bernard Shaw. The Cinema Commission appointed by the French Society of Authors for studying the question of cinematograph rights has now given in its report. There has been some difficulty in this matter, which is now happily settled, as the Society of Authors and Society of Dramatic Authors have come to an arrange- ment by which they will combine to protect the rights of their respective authors. The French law of 1793 protects authors, and last November the Society of Dramatic Authors changed its statutes, including the cinema  218 rights, in such a way that, according to the law of 1791, it would be impossible for the cinema rights of any dramatic author belonging to the Society to be appropriated by outsiders. The Cinema Commission has now arranged that the two societies shall work together in the interests of authors. In future, according to Article 34 bis, every member of the Society of Authors agrees to make no contract pri- vately with manufacturers, hirers, or exploiters of cinematographic films, concerning the adaptation of his or her present or future literary works or unpublished cinematographic scenarios. All contracts made previously to this new _rule are to be held binding. Every contract of this nature is to be made by the intermediary of the (Société des Gens de Lettres) French Society of Authors. The Society of Authors may pass any conven- tion or arrangement with any enterprise or society of authors for exercising, directly or indirectly, the rights belonging to its authors. The present arrangement is to apply to cinematographic’ adaptations by all present or future methods. The author shall give a written declaration to the committee, indicating the rights he had already disposed of before the date of the present arrangement. Such is the article decided upon by the Commission. During what is called the transi- tion period authors will fix the terms of their contracts themselves, but these contracts must pass through the hands of the managing agents of the Society of Authors. The Commission reports that quite recently the Society succeeded in obtaining, for one of its authors, an increase of nearly half the amount already offered. The definitive period will be when the Society of Authors will have concluded general treaties. ‘The Society will then have to agree to the rules that the Society of Dramatic Authors now has with the theatres. Authors will then have to accept the minimum of rights agreed upon, but it will be impossible to accept less than this minimum. Above this minimum, authors will be able to ask what terms they wish. As long as the transition period lasts, authors must pay the agents who draw up the contracts 6 per cent., but 1 per cent. of this will be returned to the general funds of the Society of Dramatic Authors and 2 per cent. to the general funds of the Society of Authors. The Society of Dramatic Authors will take upon itself the responsibility of any lawsuits THE AUTHOR. [MAY, 1914. which may arise in connection with cinema rights. Atys HALiarp. “ Croquis d’Outre-Manche’”’ (Hachette). ‘*Entre deux Mondes”’ (Grasset). “L’Homme de désir” (Plon). —_—_—_—__— +> 6 U.S.A. COPYRIGHT LAW AMENDMENT. st AS Act to amend section twelve of the Act entitled “An Act to amend and consolidate the Acts respecting copy- right,” approved March fourth, nineteen hundred and nine. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section twelve of the Act entitled “‘ An Act to amend and consolidate the Acts respecting copy- right,” approved March fourth, nineteen hundred and nine, be, and the same is hereby, amended so as to read as follows : Work BY, FOREIGNER, PUBLISHED ABROAD, ONLY ONE COPY REQUIRED.—“ Sec. 12. That after copyright has been secured by publica- tion of the work with the notice of copyright as provided in section nine of this Act, there shall be promptly deposited in the copy- right 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, or if the work is by an author who is a citizen or subject of foreign state or nation and has been published in a foreign country, one complete copy of the best edition then published in such foreign country, which copies or copy, if the work be a - book or periodical, shall have been produced in accordance with the manufacturing pro- visions 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 con- taining 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 copy- right. No action or proceeding shall be main- tained for infringement of copyright in any: MAY, 1914.] work until the provisions of this Act with respect to the deposit of copies and registra- tion of such work shall have been complied with.” Sec. 2. That all Acts or parts of Acts in conflict with the provisions of this Act are hereby repealed. Approved, March 28, 1914. [Note.—Nevw legislation in italics.] The copyright law of the United States has been amended by the Act of Congress, approved March 28, 1914, providing, in the case of a work by an author who is a citizen or subject of a foreign state or nation and which has been published in a foreign country, that of the best edition published in such foreign country ONE complete copy shall be promptly deposited in the Copyright Office at Washington, after publication, in lieu of two copies as heretofore required. (See full text of the amendatory act above.) This provision of law applies to books, | dramas, music, maps, photographs, prints and all other works by foreign authors published in a foreign country, which are not required by the copyright laws to be printed or manu- factured in the United States in order to secure copyright protection in the United States. The new Act does not change any provisions of the Copyright Act of March 4, 1909, as regards the requirements of American manu- facture. The application for registration should state the place and foreign country where the work was first published. Only one copy should be deposited in the case of any such work published abroad. Attention is particularly directed to this amend- ment in order that no more than the one copy required may be sent, as the Copyright Office has no funds with which to defray the postage for the return of any extra copies received. Application forms to be used for filing claims to copyright in accordance with the new provision of law will be at once prepared and will be forwarded to all persons requesting them. Meantime it will be possible to use the old application forms for published works by changing with a pen “‘ two copies ”’ to “* one copy” wherever these words occur In the forms. : Copyright relations have been established between the United States and the following countries, and the citizens or subjects of such THE AUTHOR. 219 countries can secure copyright protection in the United States upon compliance with the requirements of the copyright acts of the United States : . Austria, Belgium, Chile, China, Costa Rica, Cuba, Denmark, Fiance, Germany, Great Britain and her _ possessions, Guatemala, Honduras, Hungary, Italy, Japan, Luxemburg, Mexico, Netherlands and__ possessions, Nicaragua, Norway, Portugal, Salvador, Spain, Sweden, Switzerland, and Tunis. THORVALD SOLBERG, Register of Copyrights. +> ¢ —_____— U.S.A. PLAY PIRACY. —1.—<—+ —_ (From the U.S.A. ‘“ Publishers’ Weekly.’’) A interesting dramatic copyright case is pending on both the civil and criminal sides in respect to the produc- tion of “A Pair of White Gloves” at the Princess Theatre in New York. The play is the work of two French play- wrights, André de Lorde and Pierre Chaine, for whom the French Society of Dramatic Authors is acting. The counsel for this society in this country is the firm of Coudert Brothers. The play, though copyrighted in this country in 1908, was produced without authorisation, and it is said that the manager of the theatre, F. Ray Comstock, had expressed a willingness, after his attention had been called to the fact that he was producing a copyrighted play without authority, to pay royalty. An option covering American rights had, however, been given to a dramatic agent, John Pollock, of London, who had not exercised the option, which was still open—so that neither the authors, the French society nor anyone had the right to accept royalties until the option had determined. : The play ran a month at the Princess Theatre, and the run was made the basis of two suits, one by Coudert Brothers from the civil side and one by the United States District Attorney on the criminal side under the criminal provisions of the copyright law. The Grand Jury found a true bill and the defendant is on bail. Both cases have yet to be brought to trial, Justice Coxe, in the civil case, having granted a preliminary injunction and the play having been withdrawn.  220 HOW TO USE THE SOCIETY. ot 1. VERY member has a right to ask for and to receive advice upon his agreements, his choice of a pub- lisher, or any dispute arising in the conduct of his business or the administration of his property. The Becretary 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 ordinarysolicitors. 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- jars 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. 7. Many agents neglect to stamp agreements, This must be done within fourteen days of first execution. The Secretary will undertake it on behalf of members. 8. Some agents endeayour 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. ————-—>—2__—_—_ WARNINGS TO THE PRODUCERS OF BOOKS. — : ERE are a few standing rules to be observed in an agreement. There are four methods of dealing with literary property :— I. Selling Outright. This is sometimes satisfactory, if a proper price can be THE AUTHOR. (MAY, 1914. obtained. But the transaction should be managed by a competent agent, or with the advice of the Secretary of the Society. Il. 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,” anless 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 Zhe Author. IY. A Commission Agreement. The main points are :— (1.) Be careful to obtain a fair cost of production. (2.) Keep control of the advertisements. (3.) Keep control of the sale price of the book, General. All other forms of agreement are combinations of the four above mentioned. Such combinations are generally disastrous to the author, Never sign any agreement without competent advice from the Secretary of the Society. Stamp all agreements with the Inland Revenue stamp. Avoid agreements by letter if possible. The main points which the Society has always demanded from the outset are :— (1.) That both sides shall know what an agreement means. (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. —_———_—>—_-—_______ WARNINGS TO DRAMATIC AUTHORS. —— to 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,  ay MAY, 1914.] (>.) 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 inadvance 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.c., 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 (0.) apply also in this case, 4. Plays in one act are often sold outright, but it is better to obtain a small nightly fee if possible, and a sum paid in advance of such fees in any event. It is extremely important that the amateur rights of one-act plays should be reserved. 5. Authors should remember that performing rights can be limited, and are usually limited, by town, country, and time. This is most important. 6. Authors should not assign performing rights, but should grant a licence to perform. The legal distinction is of great importance, 7. Authors should remember that performing rights in a play are distinct from literary copyright. A manager holding the performing right or licence to perform cannot print the book of the words. 8. Never forget that United States rights may be exceec- ingly valuable. They should never be included in English agreements without the author obtaining a stbstantial 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. —> + REGISTRATION OF SCENARIOS AND ORIGINAL PLAYS. ——> + CENARIOS, 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 2s. 6d. per act. THE AUTHOR. 221 DRAMATIC AUTHORS AND AGENTS. —*———+—_ 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 au 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. a ag WARNINGS TO MUSICAL COMPOSERS. — ITTLE can be added to the warnings given for the tr assistance of producers of books and dramatic authors. It must, however, be pointed out that, as a rule, the musical publisher demands from the musical 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. —_——_—_¢—_____—__- STAMPING MUSIC. te 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. Se ee THE READING BRANCH. cs EMBERS will greatly assist the Svciety 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 pvetry 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, --—<— 9 REMITTANCES. SSO as 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 ant Smithe Bank, Chancery Lane, or be sent by registered letter only.  COLLECTION BUREAU. —+—>+—_ due to authors, composers and dramatists. [Ne Society undertakes to collect accounts and money 1. Under contracts for the publication of their works. ; 2. Under contracts for the performance of their works and amateur fees. 3. Under the Compulsory Licence Clauses of the Copy- right Act, i.e., Clause 3, governing compulsory licences for books, and Clause 19, referring to mechanical instrument records. The Bureau is divided into three departments :— 1. Literary. 2. Dramatic. 3. Musical. The Society does not desire to make a profit from the collection of fees, but will charge a commission to cover expenses. If, owing to the amonnt passing through the office, the expenses are more than covered, the Committee of Management will discuss the possibility of reducing the commission. For full particulars of the terms of collection, application must be made to the Collection Bureau of the Society. AGENTS. Holland . : * A. REYDING. United Statesand Canada. WALTER C. JORDAN, Germany Mrs PoGSON. The Bureau is in no sense a literary or dramatic agency for the placing of books or plays. GENERAL NOTES. —_+-——+ Notice. Tur Committee of the Society of Authors deem it important, in case any question should arise affecting their separate interests, to have a complete separate list of the novelists, dramatists and composers of the Society. The committee would be obliged, therefore, if every member or associate of the Society who has not previously published a novel, or a musical composition, or had a dramatic piece per- formed in public, would give notice to the secretary of the Society as soon as publication takes place, in order that his or her name may be enrolled on the separate lists above referred to. INDIAN CopyricHt BI... WE are informed by the India Office that the approval of the Secretary of State for India has been given in Council to the Indian Copyright Act, 1914. A copy of the Act will be printed in The Author at the earliest possible opportunity. ‘We understand that in clause 4, dealing with translation rights, the period of limitation has been extended from five to ten years. THE AUTHOR. [MAY, 1914. An explanation of the term “ translation rights’ will be cleared up as soon as it is possible to place the Act before the members of the Society. Unitrep STATES COPYRIGHT. We are publishing in this month’s Author the new American Copyright Act, or rather the amendment to the old Act. It is not of any great benefit to English authors. Any amend- ment, however, of the United States Act which simplifies the technical proceedings must be valuable to the cause of the owners of copy- right property. We hold copies of the Act at the office in case any member would like to have a separate copy. Tue Lerezic CONGRESS. Tut thirty-seventh Congress of “‘ The Inter- national Literary and Artistic Association ” will be held in Leipzig on September 10—14 next, under the august patronage of His Majesty Frederick Augustus, King of Saxony. Among the more interesting questions which will be discussed are cinematographic rights, methods of assuring the rights of translation, and a review of the incidents affecting literary and artistic property during the last twelve months. A fuller programme of the Congress will be hereafter published. Person» desiring to visit Leipzig for the Congress should address themselves to M. M. A. Taillefer, 215 bis, Boulevard Saint-Germain, Paris. Tur AutHors’ LEAGUE OF AMERICA. WE have just received a letter from the Authors’ League of America. From it we are glad to hear that the authors are moving their headquarters to 122, East 17th Street. The League has taken the house which was formerly occupied by Washington Irving, and the library and reception room will be the room in which Irving did most of his work. “Tae DutcH AUTHOR.” We have much pleasure in welcoming the appearance of a new contemporary devoted to the rights of authors, the Dutch Auteursrecht- belangen, a monthly periodical published conjointly by the committees of Musical Copyright and of Literary Copyright of the “ Vereeniging van Letterkundigen,” of which the first three numbers have been courteously j i E i f  MAY, 1914.] ‘sent tous. The pages of the opening numbers are necessarily occupied chiefly with registers of authors, pieces at the disposal of the ‘society, and classifications of the Dutch theatres ; but the essentially practical aim of the journal has our warmest sympathies, and we shall look forward to the fulfilment of the promise of articles on copyright subjects in subsequent numbers. The address of the journal is 22, Hooghstraat, Amsterdam. Tue AUSTRALIAN Book MARKET. In a recent issue of The Publishers’ Weekly of the United States, there is a picture showing the importation of American books in bulk at the Australian docks. The pride with which this is shown only confirms the statements which have so often appeared in The Author that the Americans are taking hold of the Australian book market very firmly, and unless English publishers are careful they will find the Australian market, as well as other colonial markets, entirely lost to them. We note in The Book-Fellow, an Australian paper, a statement that there are one or two English publishers who are energetic enough to secure good markets in Australia, and the paper states that the English author should therefore be careful, if he desires the Australian market, of the choice of his English publisher. The editor does not mention the names of these English publishers; but it is quite possible that the English publisher who has a good connection in Australia might have a bad connection on the English market, and in consequence it would be better for the author to stick to the better publisher in the English market and lose his Australian market than obtain a large Australian market and lose his English market. / There is another point dealing with the same subject which has been brought to our notice in a letter from the American Authors’ League. The secretary of the League 1s evidently experiencing a difficulty on_ behalf of his members in obtaining a market for American authors in England, because the English publisher demands the Australian market and the market in Canada and the other colonies. The American publisher, having proved that he can do better business than the English publisher, naturally demands these markets for himself. The question, therefore, will resolve itself into this: Is it better. for an American author to leave his American circulation and his colonial circulation 1n the hands of an American publisher and lose his THE AUTHOR. 223 English market entirely, or, obtaining his English market and his colonial market with an English publisher, run the chance of offending his American publisher, and in con- sequence perhaps lose some of his American profits. The answer to this question lies on the face of the statement. ————___+—_ ee —_____- THE ANNUAL MEETING. — HE Annual General Meeting of the Society took place on Friday, April 17, at No. 1; Central Buildings, Tothill Street, Westminster, the chair being taken at 4.30 by Mr. Hesketh Prichard, chairman of the Committee of Management. In laying the Report of the Committee before the members present, Mr. H. Hesketh Prichard asked that it might be taken as read, and proceeding to comment upon its salient features, congratulated the Society upon the continued growth of its membership. The elections, he pointed ovt, had been bigger than in any previous years of the Society’s existence, the figures for 1913 and 1912 being 349 and 345 respectively. It was satisfactory to note, also, that the loss of members arising from resignation and non-payment of subscrip- tions was proportionately less. On the other hand, he desired to emphasise the fact that the enormous increase of membership during the past few years had _ correspondingly increased the work which had to be done by the Society. As an instance he might mention that the summoning of members to the annual meeting now entailed the sending out of 2,600 circulars. New sub-committees had also come into existence during recent yeats, adding to the work accomplished by the Society. He referred to the loss sustained through the deaths of the members of its council—Lord Avebury, the late Poet Laureate, and Field Marshal Lord Wolseley—saying that he felt sure that the sincere sympathy of those present would be extended to the relatives of these famous men. Turning to the passages in the report relating to “* Library Censorship, the chairman said that he wished to explain the policy of the committee with regard to this subject. It desired to treat the matter broadly and from the point of view of the Society as a whole. It was im possible for the committee to take up individual cases or to champion the cause of individual books, as this might lead in effect to setting up a new and most invidious form of censorship. As to  ee nee 224 what had in fact been done he referred members to the pages of the report. In the report also would be found what had been accomplished during the year by the various sub-committees. The recently instituted Collection Bureau had made satisfactory progress in its work, and its usefulness would increase as members realised the work which it was prepared to do. With regard to copyright legislation of an international character during the past year, Australia had passed a Copyright Act and so also had New Zealand. ‘The Council cf India had approved the Act of 1911, and the com- mittee was endeavouring to put things on a more satisfactory footing for British authors in India and in the United States. Here he might call attention to the world-wide area covered by the work of the Society. It had dealt with cases during the past year in the United States, in Canada, Switzerland, Ger- many, Austria, France, Australia and India, in addition to the large number which it had conducted in the United Kingdom. Details of the work referred to would, again, be found in the report. With regard to financial matters, the capital account had been increased by the investment of £150 and of £215 standing to the credit of the Society at its bankers ; and there had been a total increase of subscriptions during the year amounting to £130. The debit balance had, however, increased to the extent of £280, this increase being due to extra expense entailed by moving to new offices, to the pur- chase of furniture arising out of this, and to heavy legal expenses, legal fees paid in London aving alone increased by over £300. The chairman concluded by thanking the members of the committee and of the various sub- committees for their unflagging zeal in the performance of their functions, and _ the secretary for the single-minded way in which he had attended to the Society’s affairs. His hours of work had increased with the increase in the work done by the Society, until he was one of the most hard-worked men in London, and he might be assured that the members of the Society appreciated his efforts. The chairman, in resuming his seat, invited any member who might desire to do so to call attention to any point in the report as to which he might desire further explanations. Mr. W. L. George rose and expressed a wish that there should be further elucidation of the steps taken by the committee with regard to the question of “ Library Censorship.” Members might not be interested in knowing why the Society was not in the same camp as THE AUTHOR. [MAY, 1914, the booksellers and publishers, but authors. might and did want to know in respect of what, whether it might be plot or incident or words, a book was going to be banned. He did not mean to suggest that in the light of such knowledge an author would deviate from the course he had marked out for himself. An author was not likely to emasculate his. book or, indeed, to make any difference in it to meet the views of library censors. The whole matter was often before him in connec- tion with his own work as a reviewer. A book sometimes came before him conceived and written in bad taste, a book which might fairly be termed “indecent,” but which was: accepted and circulated by the libraries, whereas another crudely expressed, perhaps,. but neither indecently conceived nor written. with indecent intent, would be banned. The chairman in answer said that when the suggestion of a conference referred to in the report was made he had seen Mr. Acland of Messrs. W. H. Smith and Sons, and had made the suggestion that there should be an informal meeting of representatives of bodies interested —a round table meeting for discussion. The committee had assented to this course being taken, but when the matter was laid before the council, it was referred back by the council to the committee which, therefore, found it impossible to go forward. The chairman did not profess to understand the principles of library censorship. He had suggested a con- ference to discuss the whole subject. The committee wished for it. The council did not, and so the matter stood. Mr. George remarked that this did not. entirely settle his difficulty and that what he wanted to obtain from the conference was a settlement on the part of the libraries of exactly what it was that determined the banning of a book. He wished to know whether it was certain words or certain definable situations which procured exclusion. He had no means of knowing what it was governed the action of the libraries, but he assumed there must be some rule, and he thought it would be greatly to the advantage of the members to know in advance whether a certain course would or would not cause them to be banned. They could then decide, . according to their artistic conscience or to their commercial desires, whether they would elect to be banned or not. He accordingly suggested that he should move a resolution on the subject, if it would be in order to do so, and eventually it was moved by him and duly seconded that ‘‘ A conference composed of  MAY, 1914.] two authors, two publishers, two members of the Libraries Association and two booksellers be invited to meet, the representatives of such conference to be appointed by the standing committees of their respective associations.” Mr. Charles Garvice, in support of the resolu- tion, said that the committee had given the matter the most earnest consideration, and he expressed the opinion that if the conference proposed in the autumn had been held it might well have led to some definite result. If the meeting would support unanimously the resolution moved by Mr. George, the hands of the committee would be greatly strengthened. It was not the fact that pressure could not be brought to bear upon the libraries ; it could be done through the public. Mr Garvice drew a humorous picture of the lady who goes to the lending library and asks for a banned book and is at once put off by the library assistant with a different book by a different author, accepted by the library as innocuous and at a lower rate than the usual trade one. He suggested, however, that to take without murmuring a book which was not the one asked for was not a necessary and certainly not a wise course for the library subscriber to adopt. Experience showed that the libraries were not inevitably masters of the situation. The motion, on being put to the vote, was carried nemine contradicente, and the pro- ceedings closed with an unanimous and hearty vote of thanks to the chairman, proposed by Mr. Armstrong and seconded by Mr. Anstey Guthrie. ———_1——____—_ THE U.S.A. AUTHORS’ LEAGUE ON THE AGENT QUESTION. ——+—~ + (REPRINTED FROM ‘THE AUTHORS’ BULLETIN.’’) EVERAL years ago a young and inexperi- enced author wrote a one-act play and, on the representations of a well-meaning but misguided friend, entrusted it to the hands of an inconspicuous agent. There was no written agreement between this author and his agent—merely such vague oral understand- ing as that on which author’s relations with agents are commonly based. Now the play happened to be a good play ; and the agent's efforts to place it were limited to handing it to a certain actor, who accepted it at once on the oral understanding that he was to pay the author a fee of $50 for each week in which he presented the piece. With this the author THE AUTHOR. 225 was well content, but his enquiries ‘after an agreement were always met by the agent’s assurance that it would be all right : he would draw up the agreement as soon as he could get round to it. And so the actor went ahead borrowed money enough (from the author) to make the production, and had nearly finished rehearsing the piece when, of a sudden, the agent announced that he would insist not only on a commission of 20 per cent. of the author’s fees but on a commission from the actor of 10 per cent. of the gross earnings of the play. That he had not a shadow of right to make any such demand did not affect his effrontery ; he persisted unblushingly, to the point of engaging a shyster lawyer to support his claim to the sole right to license the production of the play. About that time the author woke up and retained a lawyer on his own account, with the upshot that he was permitted to license the production of his own play for a fee of $50 per week, but had to cencede the agent’s claim to a 20 per cent. commission on that fee. The play ran for something like eighty weeks and the agent got $800 commission for a transaction that had not required more than half an hour of his time—exclusive of the time he wasted trying to bleed the actor; and the author was put to the further expense of the fees demanded, and earned, by a good lawyer. At about the same time the same author received an enquiry from the secretary of the (English) Society of Authors, asking him to investigate statements made to one of his clients by a certain literary agency. This concern had sold to a certain American magazine a series of stories by an English literary woman, informing her first that the magazine paid only on publication and later, when her stories began to appear, that it didn’t pay until several months after publication. The American author happened to know the editor and proprietors of the magazine in question, and had done a great deal of business with them, always receiving a cheque on the first Friday following a sale. So he asked the editor to explain this odd departure from his customary methods of business. The editor promptly produced a receipt signed by the agent for payment in full for all the stories and dated the Friday following their accept- nce. : The agent first mentioned is believed to be no longer in any way connected with the writing game, but the other is still doing business in New York and, indeed, represents several prominent members of the Authors’ League. He should have been put out of  226 business ; but there was no Authors’ League, in those days, and the English writer, having at length received her cheque, refused to move an action against him through the Society of Authors. So there is nothing to lead this agent to believe that he cannot repeat the offence in his discretion. In fact, he has repeated it. The present writer met in London last winter a prominent American author who spends most of his time abroad. The latter observed in the course of a discussion of agents : “ Well, I stick to — Of course I know he’s tricky, but he’s honest about his dis- honesty—the one time, that I found out he’d held up a cheque of mine for some months, he admitted it and made good.” . . . Not very long ago an agent now operating in New York approached a certain author for manuscript to market. The author gave him one story and, at the agent’s invitation, named $50 as the lowest price he would accept. The agent sold the story to The Popular Magazine for $150, paid the author $50, and pocketed the difference of $100. His explana- tion was that, although he styled himself an agent, he was in reality a middle-man, whose business it was to purchase from authors at their lowest cash prices (neglecting, however, to pay cash at the time of purchase—or at all in the event of no sale) and sell to the highest bidder, pouching the difference ! There exists in New York a dramatic agency which has been conspicuously prosperous for many years. So far as this writer is aware, its probity has never been questioned. And yet when he had occasion, a few weeks ago, to consult a copy of the printed form of contract employed by this agency in closing all agree- ments between manager and author, he dis- covered that the agency makes itself a third party to all such contracts—the manager cannot proceed against the author, and the author cannot proceed against the manager for any delinquency under the agreement, without the full consent and active assistance of the agent. In other words, the author surrenders absolutely, under such agreement, all his right to protect his own interests in his own work ; if the agent should prove venal and side with a dishonest manager the author is absolutely powerless to protect his own property. These anecdotes illustrate, doubtless, ex- treme instances of the dangers latent in the commonly lax understandings between authors and agents; but they are strictly true in every particular. And as long as authors tolerate such turpitude, so long will they suffer from it. The remedy is obvious—make an’ THE AUTHOR. [MAY, 1914, agreement with your agent providing that alt fees and royalties shall be paid to you im person, and that you shall personally pay the agent’s commissions. There is no earthly reason why an agent should not repose the same trust in his principal as he commonly insists the principal must repose in him, especially when he has an agreement enforee- able through the courts. No reputable agent can object to such a provision. And there is at least one who does not object to it. Some years ago he negotiated an agreement for me involving an advance of a large sum of money. My lawyer thoughtfully wrote into the agree- ment the provision that the payment should be made to me personally. The agent never uttered a word of protest, though it was the first transaction in which we had been asso- ciated. As a matter of fact, no author should employ an agent except under a written agreement as carefully formulated as his contract with his publishers, which agreement should contain, among other provisions, the following: (1) That it shall terminate automatically at the end of six months if the agent has not within that time secured an acceptable offer for the work ; (2) that he shall accept no offer without consulting, and that no agreement shall be valid unless signed by the author; (3) that the author shall have the right to sell his work at any tim2 without consulting the agent, but with written notice to the agent of his inten- tion; (5) that the agent’s commission shall in no case exceed 10 per cent.; (6) that the total commission shall not exceed an agreed sum, ceasing automatically when that sum has been reached ; (7) that all payments shall be made direct to the author; (8) that the agent shall keep a record of his efforts to dis- pose of the work and surrender it to the author on demand. The strict necessity for incorporating the last provision will perhaps be more readily understood by those to whom it comes as a novelty when they consider such circumstances as the following : A woman playwright, not a member of the Authors’ League, recently sought advice about securing readings for her plays. She stated that she had left several plays for over two years in the hands of a woman agent, who positively and at all times refused any informa- tion as to what she was doing or had done with the plays, treating all such enquiries as reflect- ing on her ability, good-will and probity. This playwright has no agreement with her agent, beyond an oral understanding as to the  <— 2 Fo ge A iG MAY, 1914.] rate of commission ; she cannot get her manu- scripts back without a row, has no idea of their fortunes, and cannot well submit them to managers of her own choosing, because she does not know that they have not been so submitted before and because she fears such action may hinder the alleged activities of the bent... : Publishers should never sign agreements with agents who cannot produce written authority to represent the author in question. Many agents make a business of claiming to represent any and every author for whose work there is a demand. Of one of this class a certain Philadelphia editor said: ‘“‘ He will run down from New York and come boiling into my office with the claim that he is in a position to secure me an article, signed by the Creator ; he’ll name his price, collect a thou- sand in advance, run back to New York and— wire me with the last dollar of the advance that the Creator has refused to sign the said article, but he can get the devil to sign it for the same money.”’ Again, an English agent carries my name on his letter-head with the claim that he is my general European representative. He is nothing of the sort. He once secured per- mission to sell Swedish translation rights in some of my novels; that is the sole basis for his pretensions. But an English publisher who happened to want some of my work would, on seeing this claim on the agent’s letterhead, naturally open negotiations through the agent, instead of personally with me, thereby sub- jecting me toa loss of 10 per cent. of my terms. Mr. H. G. Wells finds it necessary to adver- tise regularly in The Author, the organ of the Society of Authors, to the effect that he does not employ a literary agent except for special work, in which case the agent will be able to produce written authority from Mr. Wells. The Society of Authors has drafted a model form of agent’s agreement, a copy of which is on file in the office of the Authors’ League. With certain modifications to cover differences between American and English conditions, it is an excellent formula; and it may be con- sulted by any member of the League, on application to the Managing Secretary. . - - There is still another phase of the agent i demanding more extended discussion than is possible in this limited space. It is the question of the value of an agent to the beginning author. Beginning authors are frequently most anxious to enlist the services of well-known agents, apparently considering such association in some way a cachet of dis- ial casa cm 227 tinction ; but it is gravely to be doubted whether their services are worth much to the beginner. {t is my experience that an author must make himself known by his own efforts before the agents will accord his work the attention it requires. It is obvious that an agent, no matter how much he may admire the work of Jonsmith, a new writer, is not going to give it as much attention as he will the work of, say Mr. Rudyard Kipling; it takes as much time—generally, much more—to sell Jonsmith’s manuscripts, and the commis- sions are not one-tenth as large, and the agent pursues his business with the notion of making the best living he can. Give an agent a manu- script of Jonsmith’s and a manuscript of Mr. Kipling’s, with an opening where Jonsmith’s would fit, and it is Mr. Kipling’s manuscript that gets sold. But the author of this article wishes to disclaim any animus toward agents qua agents. He has found them excellent servants, though he believes the best of them to be poor masters. And he is satisfied that there are many agents of immaculate probity. But he would earnestly advise his fellow-members to take counsel with the Managing Secretary—who has at his command the experience of the entire membership—before entering into relations with any agent whatsoever. The Authors’ League cannot, indeed, fulfil its first purpose until its members form the habit of consulting the Managing Secretary with the same freedom that they would con- sult their family lawyers, on all matters per- taining to their literary and dramatic ventures, and of reporting any irregularities that come to their notice, with the explicit understanding that ali such enquiries, complaints and reports will be respected as strictly confidential and divulged not even to the Executive Committee save with consent of the member. —____——an-9-4 4-0 UNITED STATES NOTES. HAT competition among authors —or, perhaps I should rather say, anon publishers—which takes the ne of struggling to get on to the list of best He ee has an interesting international side to it. . New York Publishers’ Weekly brings out a consensus for the year, based on. the ae of best-selling books during 1913, and in t i the result of the race between American an foreign, that 1s, practically, English writers can In fiction the three first places are be seen.  228 taken by native authors ; Churchill (“The Inside of the Cup’’) easily first, Harrison (‘“ V. V.’s Eyes ”) second, and Stratton-Porter (‘* Laddie ”’) third. The last-named only just beat the first English author, Parker (“* The Judgment House ”’). Another American comes fifth, Fox (‘‘ The Heart of the Hills’); and then two more English writers, Farnol (** The Amateur Gentleman ’’), and Hall Caine (“* The Woman Thou Gavest Me”). Consequently, Englishmen may be said to hold their own very successfully in the first seven, though lower down the list becomes preponderatingly American. In non-fiction the first four places go to Americans—Lee (“ Crowds ’’), Collier (“Germany and the Germans”’), Frank (‘* Zone Policeman 88 ”’), and President Wilson (“The New Freedom’’). Viscount Bryce (‘South America”), and Arnold Bennett (‘‘ Your United States ”) secure the next two places for England. A larger number of foreign authors, including French and Belgian, figure below the leaders than in the fiction class. So much for 1918. In coming to the present year, the first point that strikes one is that the early months do not seem to have been very brisk. I say ‘“‘do not seem,” because, as a matter of fact, I have not seen any figures, and so do not know whether the appearance is supported by reality. I shall attempt the usual classification of the books, among which, some at least, may be expected to survive the test of time. The biographies are not as numerous or as important as when last I wrote. To the com- plete edition of the works of James Whitcomb Riley there is prefixed an authorised sketch of Riley’s life by E. H. Hitel, the editor. Oswald Garrison Villard has produced a life of ‘‘ John Brown,’ C. S. Alden one of ‘‘ Commodore Perkins, U.S.N.” “A Sunny Life,’”’ by Isabel Barrows, is a record of the career of Samuel Jane Barrows. Brand Whitlock writes his own life, or part of it, under the title of ‘‘ Forty Years of It’?; and Mr. S. S. McClure is the author of ‘“‘ My Autobiography.” The edition of the “ Journals of Ralph Waldo Emerson,”’ by E. W. Emerson and W. E. Forbes, may perhaps be included also under biography. Another work on an inexhaustible subject is ““The Everyday Life of Abraham Lincoln,”’ by Francis I’. Browne. Later biographical publications are: ‘‘ My First Years as a Frenchwoman,” by Mary King Waddington ; “ Our Friend John Burroughs,” by Clara Barrus; ‘Thomas Wentworth Higginson,” by his widow; ‘‘ Landmarks of a Lawyer’s Lifetime,’ by Theron Strong ; THE AUTHOR. [MAY, 1914. and ‘Confederate Portraits,’ by Gamaliel Bradford. The history section may commence with Admiral Mahon’s ‘“‘ Major Operations of the Navies in the War of American Independence.” George L. Rivés writes on “* The United States and Mexico’”’?; M. M. Quaife on ‘‘ Chicago and. the Old North-West, 16783—1835”; E. D. Adams on ‘‘ The Power of Ideals in American History’; G. W. James on ‘“‘ The Old Fran- ciscan Missions of California.” ‘‘ Readings in American History ”’ is by Professor J. J. Alton. Two other professors write on historico-legal subjects, C. G. Haines on ‘‘ The American Doc- trine of Judicial Supremacy,” and E.S8. Corwin on ‘“‘ National Supremacy : Treaty Power versus State Power.’ ‘“‘ The Tariff History of the . United States ” is by Professor Taussig. Professor Dean C. Worcester has out his expected book on ‘‘ The Philippines.”” Another work about the same part of the world is ‘“‘ The Philippine Problem,” by Frederick Chamberlin. J. K. Goodrich tells of ‘* The Coming Hawaii ” ; J. Saxon Mills writes about ‘‘ The Panama Canal,’ which is also the title of a book by Frederick Haskin, and Albert Edwards about “The Barbary Coast.” ‘Across Siberia Alone” is by a lady, Mrs. J. C. Lee; while adventure of another kind is the subject of “Alone in the Wilderness,” by Joseph Knowles, the Boston artist who plunged into the woods naked, foodless, and weaponless —and emerged alive. ‘‘ The Ascent of Denali (Mount McKinley)” is by the Archdeacon of the Yukon, Dr. Hudson Stuck, who also has produced “‘ Ten Thousand Miles with a Dog- Sled.” General Rafael Reyes, ex-President of Colombia, deals with ‘‘ The Two Americas,” and Sidney Gulick with ‘‘ The American- Japanese Problem.” Two sociological works are “‘ Heredity and Sex,” T. Hunt Morgan’s Columbia University lectures, and ‘‘ The Family and Society,” by Professor J. M. Gillette. President J. H Baker, of Colorado University, is the author of ‘‘ Educational Aims and Civic Needs.” Edwin Brown writes “‘ Broke,”’ a tramp’s record, and. Adelaide Popp, ‘‘The Autobiography of a Working Woman.” In “‘ Love and the Soul- Maker’ Mary Austin deals with relations. between men and women. ‘“‘ Nietzsche and Other Exponents of Indi-. vidualism ” is the name of the latest work by Dr. Paul Carus, editor of the Open Court. H. E. Krehbiel, whom Lafeadio Hearn’s. admirers will remember as his American musical friend, has a book on “‘ Afro-American Folk-Songs.” 5 B 4 j i oe a  MAY, 1914.] A remarkable feature in the novel list is the great number of feminine names among the authors this time—over 50 per cent. among those which I have picked out for mention. The order, I may note, has no significance. Mary Roberts Rinehart has written ‘* The After House’’?; Kate L. Bosher, ‘‘ The House of Happiness”; Jane Stone, ‘“‘The New Man’; H. K. Webster, “ The. Butterfly ”’ ; David Lisle, ‘“‘The Soul of Life’’; Anne Warner, ‘Sunshine Jane’’; Eleanor H. Porter, ‘‘ Miss Billy—-Married ’’; Zane Gray, “The Light of Western Stars”; Harold MacGrath, ‘‘ Pidgin Island’’; Beulah Marie Dix, ‘‘ Mother’s Son’’; Samuel Merwin, ** Anthony the Absolute’’; and Gouverneur Morris, ‘‘The Incandescent Lily.” With ** Diane of the Green Van,’’ Leona Dalrymple won a ten thousand dollar competition. ““Westways’”’ is by the late Weir Mitchell. ““The Red Emerald,” by John Reed Scott, and ‘‘ The White Sapphire,” by L. F. Hartman, make up a curious coincidence in nomen- elature. ‘“‘A Wise Son” is by Charles Sherman; ‘“ Victory Law,’ by Anne War- wick; ‘‘The Desert and Mrs. Ajax,” by E. S. Moffat; ‘‘ The Congresswoman,” by Isabel Curtis; ‘“‘ Van Cleve,” by Mrs. Watts ; “Dark Hollow,” by Anna Katherine Green ; ** Penrod,” by Booth Tarkington; ‘‘ The Substance of his House,’ by Ruth Holt Boucicault ; ‘‘ The Peacock’s Feather,” by Leslie Moore; ‘‘ The Precipice,’ by Elia Peattie; ‘‘ Kazan,” by J. O. Curwood ; “* The First Step,’’ by Eliza Orne White; ‘‘ World’s End,” by Amélie Rives; and ‘‘ Shea of the Irish Brigade,’’ by Randall Parrish. Three anonymous novels are “‘ Home,’ which ran serially in the Century Magazine before appear- ing in- book form; “ Overland Red’’; and ‘“* My Wife’s Hidden Life.’’ It seems that the practice of suppressing the author’s name, in order to provoke curiosity, is spreading on both sides of the Atlantic. Having had to reopen this letter I may add the names of the following later novels: L. J. Vance’s “The Lone Wolf’; C. T. Brady’s ‘“‘ The Sword Hand of Napoleon ” ; H. B. Wright’s “The Eyes of the World” Carolyn Wells’s ‘Anybody but Anne” G. B. McCutcheon’s ‘‘ Black is White” ; Grace Lutz’s ‘‘The Best Man”; Rupert Hughes’s ‘“‘ What will the People Say?” ; Doris Egerton Jones’s “‘ Peter Piper”; Vir- ginia Brooks’s “ Lost Little Sister”; B. W. Sinclair’s ‘‘ North of Fifty-Three”; and Caroline Lockhart’s ‘‘ The Full of the Moon.” The ‘‘ Authors’ League of America” on we vee THE AUTHOR. 229 February 14 held their first annual dinner, at the Hotel Biltmore, New York. Professor W. Milligan Sloane, of Colombia University, presided, Mr. W. J. Bryan, Secretary of State, was the guest of the evening, and the company has been described as the most distinguished body of literary persons ever assembled in America. Including members and_ guests, thére were 442 present in all. The League has now moved to new headquarters at 122, East 17th Street, New York, which was the home of Washington Irving late in life. Since I last wrote, the most notable death has been that of Dr. S. Weir Mitchell, who succumbed to influenza at his home in Phila- delphia on the fourth day of the present year. His literary work is so well known in England, I imagine, that it is unnecessary to refer to it here ; but it may be mentioned that he was a prolific medical writer as well as novelist, poet, ete. He was 84 years of age. Captain F. H. Brownson, who died near the end of the Old Year, combined the professions of soldier, lawyer, and author. He trans- lated from the Italian and Spanish several works, and also wrote on masonry, religion, and_ politics. Another soldier-author was James Grant Wilson, who wrote a life of his old general, Ulysses Grant, and other military works. He was editing ‘The Lives of the Presidents of the United States ”’ when he was carried off. Charles Edmund Dana, who died in February, wrote a book called ‘‘ Glimpses of English History,’’ but was better known as an art critic. February also proved fatal to Mrs. Marie Robinson Wright, a great traveller in Central and Southern America, about the various countries of which she produced a number of books. George William Sheldon, who died in New Jersey, will be remembered in London as the literary adviser in London to the firm of Appleton between 1890 and 1900. His own writings were chiefly concerned with art and artists. Major-General Joshua Chamberlain (a third soldier author, by the way), who died on February 24, dealt with historical and political subjects in a number of books. He was one of the heroes of Gettysburg. Deaths in March include Frederick Townsend Martin (in London); J. B. Dunbar, an authority upon the Pawnee Indians ; Professor R. B. Richardson, whose writings were classical and archeological ; and Mrs. Frances Squire Potter, Professor at Minnesota Univer- sity, suffragist, and author. Putue Wa.sit.  230 THE AUTHOR. [MAY, 1914: SALE OF COPYRIGHT IN A BOOK. — N an article in The Author of April 1 it I was stated that ‘‘in the early days of the Society it was by no means an uncommon practice for publishers to purchase authors’ works outright for a lump sum.” This rather suggests that in the year 1913 it would be surprising to find a publisher or editor who would desire to purchase an author’s copyright for a lump sum rather than to pay him a royalty. Probably, how- ever, it was intended rather to convey that the publisher who has had to do with the Society, and who is aware that he is dealing with one of its members, would hesitate to suggest such a transaction, or at any rate would not be likely to press it. There are, it is submitted, plenty of offers made to authors to deal on the terms that they shall have money down in exchange for their rights, and a good many authors who are not unwilling to accept such terms. They may very likely not be members of the Society, and so may not have read its warnings not to sell literary property outright, or only to do so under the advice of the secretary, or of a competent agent. If, however, writers insist upon waiting until they get into trouble before joining the Society, there are naturally many who only learn the pitfalls of authorship by falling into them. An author once bit is probably shy on the next occasion. If he has discovered from the large sale of a book of which he has sold the copyright, that he has lost and that the publisher has been the gainer by the method of business adopted, he will stand out for royalties on the second occasion. It may be observed however that he will not have any account of its sales supplied to him by his publisher and so will have no definite figures to rely upon when he wishes to cite the success of his first work in endeavouring to secure good terms from the publisher of his second. There must be a good many occasions where a man writes one or perhaps two or three books, not because he wants to write or has any need to do so from a pecuniary point of view, but because a certain book is wanted and he is the particular man to do it. A great man may die, a statesman or a soldier, for example, and leave behind him material for a work which his relatives may well desire to see published, and there may be a son or nephew perfectly qualified to write his biography oe ee his letters, who in ordinary circum- : would probably never have produced a book. Public interest may be temporarily riveted upon some scientific discovery, in investigations relating to a disease, or ina social or religious question of absorbing interest and of some obscurity. Naturally when an enter- prising publisher is looking for material it may strike him that a book on a special topic such as these, written by as eminent an authority as his estimate of cost will stand (or at any rate by a sure hand who will do what is wanted correctly), will be a safe investment. It can easily be understood that in any of the circum- stances suggested a sum down for all rights. is likely to be offered and accepted. The vendor is not accustomed to such transactions and is glad to have a chance of concluding the business part of his undertaking at once, without any need to trouble himself further about it. The purchaser is not so unaccus- tomed, and if he has made up his mind that a speculation is likely to be profitable, he is naturally anxious that it should be as profitable: (to himself) as possible ; besides which he can act with independence if he has the whole matter in his own hands without need to consult anyone over any particular point that may arise. He probably can make himself safe in any case, but if he buys outright the profits (if there is success) will be larger than if he has to go on sharing them for ever with someone else. Besides which he may, as has been suggested above, be the person who has. started the idea of the book, and it is only natural that if he makes an offer he should make the one which will suit him best. It is. equally natural, however, that the Society should advise the author, if he comes to it for advice, not to accept such terms. They are the terms which the trade most readily offers. to the amateur, and which are more likely to be accepted by him if he is an amateur and the less experience he has, than by one who has qualified himself by previous dealings to dictate terms on his side, and gained the knowledge that he ought to do so. Very much the same thing takes place in picture dealing. The owner of an old master not perhaps of sufficient merit to command its value at auction approaches a dealer. He expects, perhaps, that the latter will offer to sell the picture for him taking a specified commission for which he will undertake to obtain the best price that professional skill can bargain for. The would-be seller is, however, much more likely to be told by the dealer that if he will name a price himself, he (the dealer) will be content to take anything realised above that ptice as his share in the profits. There again  MAY, 1914.3 the professional treating with the amateur endeavours to make the best bargain possible for himself, and he very often succeeds. That, however, is no reason why the amateur should not be advised to resist, even though to do so may imperil his chance of making any bargain at al]. Whether he runs a serious risk of losing his deal altogether depends upon circumstances, which vary according to parti- cular cases. The author is spoken of above as an amateur because his business is to write ; to sell what he writes may be incidental to authorship, but is not the author’s busi- ness. Buying and selling literary matter is the business of the publisher. Now, the reasons for the author refusing to part with his copyright for a sum down, or, indeed, to part with it at all, are not entirely connected with the question of relative pecuniary profit. It is a matter of importance to authors, or to most authors, that they should get as much for their books as possible, and it is to most authors, whether money is of importance to them or not, extremely galling to see large profits obviously accruing to others and lost to themselves because in a moment of weakness, possibly of financial weakness, they made a bad bargain. The matter, however, is not ended when this is said. The man or woman who sells a copyright for a sum down, with no provision for royalties, or for any future profits, if editions are multi- plied as the result of success, presumably retains no control whatever over future editions, or over the conditions under which they will be published. There may be no obligation upon him to make any revision, and none upon the publisher to ask him for any such correction, or to permit him to make any. This may seem to be matter of little moment (to take an example from what has been suggested above) to the young scientist or theologian who has gladly accepted a fairly liberal offer for an exposition of his views, probably perfectly correct and _ generally interesting at the time, upon a topic of science or theology. It may be a very different affair twenty-five years later for a medical baronet or for a bishop, who has perhaps almost forgotten a pamphlet which others have quite forgotten or never realised as his, to find that an enterprising publisher has just grasped the fact that one of his former authors (whom he has long paid in full) is now a very eminent person, and that he has republished his book. The scientific or theological treatise may have correctly represented the accepted views of the best scientists and the most orthodox THE AUTHOR. 231 theologians some years before, or may have been to some extent coloured by the personal views of an author whom no one then troubled himself to criticise or correct. Appearing as. an exposition of the views of a leading authority in his profession, with a full statement of the dignities which his learning has won for him, and with no suggestion that the work is early, immature, and perhaps entirely out of date, such a book is likely to cause acute distress. to an author who by his own imprudent act has lost all power to prevent its publication. There is again to be considered the pos sibility that the author who, when young, has written a book on a special topic may wish to remodel it and to republish it in a more important form when he has thoroughly established himself as an authority on that topic. It will be par- ticularly galling for him to find that he cannot use his previous title again or perhaps any of his previously used material because to do so- would be to infringe upon rights which he has assigned to another. Wherefore it is not altogether a question of whether the offer made is the most profitable one which can be obtained. It is for the author to ask himself also: Is this a book of which it is important that I should keep control, at any rate to some extent ? There are other circumstances in which the manner of publication selected may be objec- tionable to the author besides those indicated, and, of course, what has been said as to books applies also to articles and contributions to periodical literature and encyclopedias. It is a question of entrusting that in which its author’s interest is rather more than merely commercial to those whose interest in it will be commercial only. It is a question of losing control over that of which the law has given its author control for his own good and as a valuable right, and not only for his profit. He has some control, even in these days of snapshots and cinematograph films over repro- ductions of his own features. If he chooses to part with the copyright in a portrait of himself by letting a photographer take it on the terms that the latter shall supply him with a few free copies and own the copyright, he can only complain afterwards effectively if some use made of it should come within the law of libel. Before this occurs he may be made ridiculous. on many occasions in a lesser degree without having any power to prevent it. The original purchaser of the copyright may not be to blame in the case of a book or of a photograph. He may become impecunious or bankrupt, and. the right to reproduce may pass on sale, and  230 SALE OF COPYRIGHT IN A BOOK. —1—>— + — N an article in The Author of April 1 it I was stated that ‘in the early days of the Society it was by no means an uncommon practice for publishers to purchase authors’? works outright for a lump sum. This rather suggests that in the year. 1913 it would be surprising to find a publisher or editor who would desire _ to purchase an author’s copyright for a lump sum rather than to pay him a royalty. Probably, how- ever, it was intended rather to convey that the publisher who has had to do with the Society, and who is aware that he is dealing with one of its members, would hesitate to suggest such a transaction, or at any rate would not be likely to press it. There are, it is submitted, plenty of offers made to authors to deal on the terms that they shall have money down in exchange for their rights, and a good many authors who are not unwilling to accept such terms. They may very likely not be members of the Society, and so may not have read its warnings not to sell literary property outright, or only to do so under the advice of the secretary, or of a competent agent. If, however, writers insist upon waiting until they get into trouble before joining the Society, there are naturally many who only learn the pitfalls of authorship by falling into them. An author once bit is probably shy on the next occasion. If he has discovered from the large sale of a book of which he has sold the copyright, that he has lost and that the publisher has been the gainer by the method of business adopted, he will stand out for royalties on the second occasion, It may be observed however that he will not have any account of its sales supplied to him by his publisher and so will have no definite figures to rely upon when he wishes to cite the success of his first work in endeavouring to secure good terms from the publisher of his second. There must be a good many occasions where a man writes one or perhaps two or three books, not because he wants to write or has any need to do so from a pecuniary point of view, but because a certain book is wanted and he is the particular man to do it. A great man may dic, a statesman or a soldier, for example, and leave behind him material for a work which his relatives may well desire to see published, and there may be a son or nephew perfectly qualified to write his biography and to edit his letters, who in ordinary circum- stances would probably never have produced THE AUTHOR. [MAY, 1914, a book. Public interest may be temporarily riveted upon some scientific discovery, in investigations relating to a disease, or in a social’ or religious question of absorbing interest and of some obscurity. Naturally when an enter- prising publisher is looking for material it may strike him that a book on a special topic such. as these, written by as eminent an authority as his estimate of cost will stand (or at any rate by a sure hand who will do what is wanted correctly), will be a safe investment. It can easily be understood that in any of the cireum- stances suggested a sum down for all rights. is likely to be offered and accepted. The vendor is not accustomed to such transactions and is glad to have a chance of concluding the business part of his undertaking at once, without any need to trouble himself further about it. The purchaser is not so unaccus~ tomed, and if he has made up his mind that a speculation is likely to be profitable, he is naturally anxious that it should be as profitable: (to himself) as possible ; besides which he can act with independence if he has the whole matter in his own hands without need to consult anyone over any particular point that may arise. He probably can make himself safe in any case, but if he buys outright the profits (if there is success) will be larger than if he has to go on sharing them for ever with someone else. Besides which he may, as has been suggested above, be the person who has. started the idea of the book, and it is only natural that if he makes an offer he should make the one which will suit him best. It is equally natural, however, that the Society should advise the author, if he comes to it for advice, not to accept such terms. They are the terms which the trade most readily offers to the amateur, and which are more likely to be accepted by him if he is an amateur and the less experience he has, than by one who has qualified himself by previous dealings to dictate terms on his side, and gained the knowledge that he ought todo so. Very much the same thing takes place in picture dealing. The owner of an old master not perhaps of sufficient merit to command its value at auction approaches a dealer. He expects, perhaps, that the latter will offer to sell the picture for him taking a specified commission for which he will undertake to obtain the best price that professional skill can bargain for. The would-be seller is, however, much more likely to be told by the dealer that if he will name a price himself, he (the dealer) will be content to take anything realised above that ptice as his share in the profits. There again 2  MAY, 1914.) the professional treating with the amateur endeavours to make the best bargain possible for himself, and he very often succeeds. That, however, is no reason why the amateur should not be advised to resist, even though to do so may imperil his chance of making any bargain at all. Whether he runs a serious risk of losing his deal altogether depends upon circumstances, which vary according to parti- cular cases. The author is spoken of above as an amateur because his business is to write ; to sell what he writes may be incidental to authorship, but is not the author’s busi- ness. Buying and selling literary matter is the business of the publisher. Now, the reasons for the author refusing to part with his copyright for a sum down, or, indeed, to part with it at all, are not entirely connected with the question of relative pecuniary profit. It is a matter of importance to authors, or to most authors, that they should get as much for their books as possible, and it is to most authors, whether money is of importance to them or not, extremely galling to see large profits obviously accruing to others and lost to themselves because in a moment of weakness, possibly of financial weakness, they made a bad bargain. The matter, however, is not ended when this is said. The man or woman who sells a copyright for a sum down, with no provision for royalties, or for any future profits, if editions are multi- plied as the result of success, presumably retains no control whatever over future editions, or over the conditions under which they will be published. There may be no obligation upon him to make any revision, and none upon the publisher to ask him for any such correction, or to permit him to make any. This may seem to be matter of little moment (to take an example from what has been suggested above) to the young scientist or theologian who has gladly accepted a fairly liberal offer for an exposition of his views, probably perfectly correct and generally interesting at the time, upon a topic of science or theology. It may be a very different affair twenty-five years later for a medical baronet or for a bishop, who has perhaps almost forgotten a pamphlet which others have quite forgotten or never realised as his, to find that an enterprising publisher has just grasped the fact that one of his former authors (whom he has long paid in full) is now a very eminent person, and that he has republished his book. The scientific or theological treatise may have correctly represented the accepted views of the best scientists and the most orthodox THE AUTHOR. ae theologians some years before, or may have been to some extent coloured by the personal views of an author whom no one then troubled himself to criticise or correct. Appearing as. an exposition of the views of a leading authority in his profession, with a full statement of the dignities which his learning has won for him, and with no suggestion that the work is early, immature, and perhaps entirely out of date, such a book is likely to cause acute distress to an author who by his own imprudent act has lost all power to prevent its publication. There is again to be considered the possibility that the author who, when young, has written a book on a special topic may wish to remodel it and to republish it in a more important form when he has thoroughly established himself as an authority on that topic. It will be par- ticularly galling for him to find that he cannot use his previous title again or perhaps any of his previously used material because to do so: would be to infringe upon rights which he has. assigned to another. Wherefore it is not altogether a question of whether the offer made is the most profitable one which can be obtained. It is for the author to ask himself also: Is this a book of which it is important that I should keep control, at any rate to some extent ? There are other circumstances in which the manner of publication selected may be objec- tionable to the author besides those indicated, and, of course, what has been said as to books applies also to articles and contributions to periodical literature and encyclopedias. It is a question of entrusting that in which its author’s interest is rather more than merely commercial to those whose interest in it will be commercial only. It is a question of losing control over that of which the Jaw has given its author control for his own good and as a valuable right, and not only for his profit. He has some control, even in these days of snapshots and cinematograph films over repro- ductions of his own features. If he chooses to part with the copyright in a portrait of himself by letting a photographer take it on the terms that the latter shall supply him with a few free copies and own the copyright, he can only complain afterwards effectively if some use made of it should come within the law of libel. Before this occurs he may be made ridiculous. on many occasions in a lesser degree without having any power to prevent it. The original purchaser of the copyright may not be to blame in the case of a book or of a photograph. bankrupt, ~~ an He may become impecunious or the right to reproduce may pass on sale,  932 may be a valuable property to one who, it cannot be repeated too often, will have no interest in it but a purely commercial one. As the Encyclopedia Britannica patronisingly in its article upon publishing says of the Society of Authors: “It offered useful assistance to authors ignorant of business in the way of examining contracts.” It docs so still, and included in that advice is the recommendation as a general rule to refuse to part with all control over a copyright and to refuse to take a sum down as consideration for the right to publish, unless special circumstances of the case render this desirable or inevitable. CORRESPONDENCE. —_-—<>— + AGENTS versus BRAINS. Dear Sir,—I have received an offer of ideas from a literary bureau which is a reve- lation to me, and, I think, a glimpse at the terms at which brains are supplied by agents ought to serve as a warning to would-be ‘writers who may not be aware of the condition of the literary market. The prospectus I ‘received offered me :— (1) Plots of love, humorous and sensational short stories, 2s. each. (2) Ideas for humorous, interesting, instruc- tive and personal articles, 2s. each. (3) Jokes suitable for illustration or other- wise, 2s. each. (4) Ideas for new competitions, 2s. each. (5) Notes for speeches, sermons, addresses ‘on any subject, 2s. per 100 words. (6) Topical and other facts and information ‘written up in fiction and article form, 2s. per 100 words. (7) Research and compilation, 2s. per hour. (8) Scenarios and synopses for plays, serials, ‘and novels, 2s. per 100 words, etc., ete., etc. -All on the bargain counter, 2s. a piece ! ! This is not a solitary case. Daily “ ghost ‘work ” is supplied at prices that makes one ‘Shudder at the traffic in brains going on in our midst. Is there no hope of organised literary labour and a minimum wage for writers ? A FREELANCE. ——— — “Tam LITERARY YEAR-Book.”’ Sir,—My attention has been drawn to an advertisement appearing on the front page of Lhe Atheneum of 11th inst., under the heading THE AUTHOR. [MAY, 1914. ** Miscellaneous,”” wherein the advertiser seeks capital to finance the production of a “ Literary Year-Book.” T'o avoid misapprehension in the minds of those who may have seen. this advertisement, I write to say that it has nothing to do with ‘“‘ The Literary Year-Book,” of which I have been editor and proprietor since 1909, and which has been published annually since 1897, and is now published by Heath, Cranton and Ouseley, Ltd. I should be much obliged if you would kindly give publicity in your next issue to this disclaimer. Basin STEWART. —1——+—. MaGAZINE PAYMENTS. Dear Srr,—Can you enlighten me as to whether there is any principle governing the rate of payment for short stories in our monthly magazines ? In a writers’ Year-Book I find such payments as “ a guinea per 1,000 words,” “10s. 6d. a column,” “a guinea per page,” and even a “ guinea and a half.” Also, I observe, “‘ payment by arrangement with the editors,” ‘‘ payments according to value.” Let me relate my experiences. Some time ago, a friend and I belonged to an amateur magazine, and were inspired by our critic’s praises to fly higher. She sent a short story toa ls. magazine ; I, less bold, sent mine (11,345 words in length) to a 6d. one. Both were accepted and printed. Hers occupied sixteen pages; mine, eighteen much larger ones. On publication, she received seven guineas. Mine appeared with a greater flourish ; its title and my name were placed, with one other, as “‘ Special Contents,” at the top of the magazine cover. Four months after publication, after repeated applications, I received the magnificent sum of one guinea, and I shall never believe there had ever been an intention to pay me even that amount. Thus my friend was paid 9s. 2}d. per page ; I, for larger pages, 1s. 2d.—that amounts to 1s. 2d. per 680 words. Later, I tried her 1s. magazine. For four and a_ half pages (2,083 words) I received 81. i.e., 188. 4d. per page. I ‘“‘ got into” another 1s. magazine with a twelve-page story, and was paid three uineas, 5s. 8d. per page. In each case the S. was promptly accepted. There was no ‘arrangement with editor” suggested, no discussion as to ‘“ value.” And what deter- mines value in the case of an approved MS. ? Pray enlighten my PuzzLEDOM, - Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Author, Vol. 24 Issue 08 (May 1914) Subject The topic of the resource <em>The Author</em>, Vol. 24 Issue 08 (May 1914) Type The nature or genre of the resource Publication Identifier An unambiguous reference to the resource within a given context 1914-05-01-The-Author-24-8 publications The Author https://www.historysoa.com/files/original/5/541/1914-06-02-The-Author-24-9.pdf 4d4a78512dfc1694bc7f9514926a1987 PDF Text Text ������������������������������ Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Author Subject The topic of the resource <em>The Author</em> Description An account of the resource 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=&amp;advanced%5B0%5D%5Bjoiner%5D=and&amp;advanced%5B0%5D%5Belement_id%5D=51&amp;advanced%5B0%5D%5Btype%5D=is+exactly&amp;advanced%5B0%5D%5Bterms%5D=Index&amp;collection=&amp;type=&amp;tags=&amp;exhibit=&amp;date_search_term=&amp;submit_search=Search+For+Items&amp;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. Date A point or period of time associated with an event in the lifecycle of the resource 1890–1914 Identifier An unambiguous reference to the resource within a given context The-Author-Issues Publication Date The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format) 1914-06-02 Volume 24 Issue 9 Pages Page range in volume 233–262 Ngram Date Version of the date in YYYYMMDD format for use by the Ngram plugin 19140602 Ngram Text Version of the text with no HTML formatting for use by the Ngram plugin Che Huthbor. (The Organ of the Incorporated Society of Authors. FOUNDED BY SIR Vor. XXIV.—No. 9. Monthly.) WALTER BESANT. JUNE 2, 1914. [PRIcE SIXPENCE. TELEPHONE NUMBER: 374 VICTORIA. TELEGRAPHIC ADDRESS: AUTORIDAD, LONDON. NOTICES. ——+—_ TT the opinions expressed in papers that are signed or initialled the authors alone are responsible. None of the papers or paragraphs must be taken as expressing the opinion of the Committee unless such is especially stated to be the case. Tur 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 motice 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. Tur 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, 1, Cen- tral Buildings, Tothill Street, Westminster, S.W., and should reach the Editor not later than the 21st of each month. o Communications and letters are invited by the Editor on all literary matters treated from Vou. XXIV. the standpoint of art or business, but on no other subjects whatever. Every effort will be made to return articles which cannot be accepted. ADVERTISEMENTS. Messrs. Matthews’ Advertising Service, Staple Inn Buildings, High Holborn, W.C., will act as agents for advertisements for “The Author.” All communications respect- ing advertisements should be addressed to them. As there seems to be an impression among readers of The Author that the Committee are personally responsible for the bona fides of the advertisers, the Committee desire it to be stated that this is not, and could not possibly be, the ease. 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. pS ——- THE SOCIETY’S FUNDS. So | ‘ROM time to time members of the Society 4 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 con- tributions 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 principle, or in assisting to obtain copyright reform, or in dealing with any other  234 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. a THE PENSION FUND. oS N January, 1914, the secretary of the I Society laid before the trustees of the Pension Fund the accounts for the year 1918, as settled by the accountants. After giving the matter full consideration, the trustees instructed the secretary to invest a sum of £350 in the purchase of Great Eastern Railway Ordinary Stock. The amount pur- chased has been added to the investments set out below. The trustees desire to thank the members of the Society for the continued support which they have given to the Pension Fund. They have given notice to the Pension Fund Com- mittee that there is sufficient money at their disposal to enable them to give another pension. The nominal value of the investments held on behalf of the Pension Fund now amounts to £5,419 6s., details of which are fully set out in the following schedule :— Nominal Value. £8. d Enea) Boas 20.2.5 ie 500 0 0 Victoria Government 8% Consoli- dated Inscribed Stock ............ 291 19 11 London and North Western 3% Debenture Stock ................. 250 0 0 Egyptian Government Irrigation Trust 4% Certificates............ - 200 0 0 Cape of Good Hope 84% Inscribed e NLOCK a as 200 0 0O Glasgow and South-Western Rail- way 4% Preference Stock ...... 228 0 0 New Zealand 34% Stock .......... 247 9 6 Irish Land 22% Guaranteed Stock 258 0 0 Corporation of London 24% Stock, 102% 6% ie vccoccas 438 2 4 Jamaica 84% Stock, 1919—49 ... 18218 6 Mauritius 4% 1987 Stock ......... ~ 120 12 4 Dominion of Canada, C.P.R. 34% Land Grant Stock, 1988 ......... 198 8 8 Antofagasta and Bolivian Railway 5% Preferred Stock ........:05.04. 237 0 0 Central Argentine Railway Or- GBORY BOCK cosh piceisss ci ccensy est 282 0 0 THE AUTHOR. [JUNE, 1914. Nominal V alue. £ 8. a $2,000 Consolidated Gas and Electric Company of Baltimore 44% Gold Bonds ................ 400 0 0 250 Edward Lloyd, Ltd., £1 5% Preference Shares <...........-... 250 0 0 55 Buenos Ayres Great Southern Railway 4% Extension Shares, 1914 (fully paid) .................. 550 0 0 8 Central Argentine Railway £10 Preference Shares, New Issue... 30 0 0 Great Eastern Railway Ordinary Stock wieceiccccece 655 0 0 Total 4.3..5:.4...; £5,419 6 0 PENSION FUND. —— Tue list printed below includes all fresh dona- tions and subscriptions (i.e., donations and subscriptions not hitherto acknowledged) received by, or promised to, the fund from October, 1913. It does not include either donations given prior to October, nor does it include sub- scriptions paid in compliance with promises made before it. Subscriptions. 1913. Oct. 8, Rees, Miss Rosemary Oct. 8, Pearce, J. : : : Oct. 9, Drummond, Miss Florence Oct. 9, Rumbold, Hugo 1 Oct. 18, Knowles, Miss Oct. 20, Collison, Harry Oct. 21, Buchanan, Miss Meriel Oct. 25, Baker, E. A. . : Nov. 6, Bentley, E. C. y Nov. 6, Petersen, Miss Margaret Noy. 7, Lang, Mrs. John Nov. 19, Langferte, Raymond Nov. 24, Webb, W. Trego Nov. 24, Mackenzie, Compton Dec. 4, Vansittart, Robert Dee. 4, Lunn, Arnold . ‘ Dec. 4, Stewart, Miss Marie . Dec. 4, Berry, Miss Ana Dec. 4, Vallois, Miss Grace Dec. 17, Beresford, J. D. Dec. 29, Inge, Charles . ; Dec. 29, Cross, Miss May . . Dec. 29, Hardy, Thomas, O.M. _ i NOooaannods aan Oo Oe OO Ot Or Or woeoscooooHrocoSoooSoCOHSSCOOOm SOmeoccooaoccoOoSC SoS OSOSCOSCOSCCOF  JUNE, 1914.] 1914. Jan. 7, Ford, Miss May Jan. 7, Sephton, J. Jan. 16, Singer, I. Jan. 16, Cooke, Arthur 0. Jan. 23, Exley, Miss M. Jan. 26, Sarawak, The Rance of Mar. 11, Dowson, Oscar F. April 8, " Stoeving. Paul : . April 14, Buckle, Gerard, F. » April 14, Grattan, Harry . : April 17, Rubenstein, H. F. . . April 20, Anon. . : April 25, Stacpoole, Mrs. de Vere . May 1, Miigge, Maximilian A, May e Davies, Miss Mary May 8, Simon, Andre L. May 8, Deutsch, H. . May 9, Campbell, Miss E. Hope May 12, Lardner, E. G. D. 1918. Donations. Oct. 7, Darwin, Sir Francis . Oct. 9, Carroll, Sydney Wentworth Oct. 21, Troubetzkoy, The Princess Oct. 27, Frankish, Harold Oct. 30, Rosman, Miss Alice Grant Nov. 8, Holland, Theodore Nov. 3, Steane, Bruce Nov. 3, Batty, Mrs. Braithwaite Nov. 10, Elrington, Miss Helen Novy. 10, Waterbury, Mis... : Dec. 5, Dymock, R. G. Vaughton . Dec. 6, Macdonald, Miss Julia Dec. 11, Little, Mrs. Archibald Dec. 11, Topham, Miss Ann . Dec. 20, Edwards, Percy J. Dec. 21, Keating, J. Lloyd 1914. Jan. 8, Church, Sir Arthur Jan. 5, Anon . Jan. 5, Joseph, L. ; Jan. 5, Swan, Miss Myra Jan. 5, Vernede, R. E. Jan. 6, De Crespigny, Mrs. + Champion Jan. 6, Rankin, Miss I. ; Jan. 7, Sneyd- es E. M. Jan. 7, Lathbury, Miss Eva . Jan. 7, Toplis, Miss Grace Jan. 8, Palmer, G. Molyneaux Jan. 9, Mackenzie, Miss J. Jan. 10, Daniell, Mrs. E. H. . Jan. 12, Avery, "Harold ; Jan. 12, Douglas, Mrs. F. A. Jan. 15, Pullein, Miss Catherine Jan. 15, Thomas, Mrs. Fanny Jan. 16, James, Mrs. Romane Jan. 19, P. H. and M. K. ; ; coor oceceocoocoeoooooo oY, _ COCO OFRrFOCOCOC COSHH ON _ oS emoocooocececococqcouccescr “e a ok fee OOo © Or Gr Ot © Or Or Or OF Or rt oc 10 _ od Or Ov Or An1n°onkteH Aanananododcsd edie et MHOKMIOOCAUWMBNUMNMONOMNAOH _ ccoomeocoooeoco Oo 0 eooocoooonacooooeao eceoceoaoaceooeocanaceo Jan. Jan. Jan. Jan. Jan. Jan. Jan. Jan. Feb. Feb. Feb. Feb. Feb. Feb. Feb. Mar. Mar. Mar. Mar. Mar. Mar. Mar. Mar. Mar. THB AUTHOR, 19, Greenstreet, W. J. . 19, Gibbs, F. Leonard A. 23, Campbell, Mrs. L. A. R. . 23, Cameron, Mrs. Charlotte, ERGS. . : 28, Blunt, Reginald : 24, Raphael, Mrs. Mary. 25, Plouman, Miss Mary 80, Gibson, Miss L. S. . 5, Brooker, Lt.-Col. E. P. 6, Buchrose, J. E. 4 7, Smith, Herbert W. 20, Eden Guy 21, Mayne, Miss Ethel Four | Col 21 KK 25, Aspinall, Algernon I E. 2 Dalziel, J: : 2.8. 8.G. . 5, Saies, Mrs. F. H 5, Thorne, Mrs. Isabel . 5, Haviland, Miss M. D. 5, Todd, Miss Margaret, M.D. 13, Cabourn, John . 20, Fenwick Miss S. F. . 26, Prendergast, Mrs. J. W. May 6, Ward, W. J. . May 7, Crosse, Gordon. May 8, Williamson, CoN: pad Mrs. CN. i May 21, Colebroke, Miss H. E. May 21, Munro, Neil. May 21, O'Higgins, Harvey May 25, Broadbent, D. R. HE May me being of mem was ele Jacobs, seconded by Mr. Hesketh Prichard was una This is his second year of of the former meeting were after which the elections were course, thirty-five mem being added to t total for the year 170. were accepted, bringing the to sixty-nine. .; The next ma was the solicitor’s repor —__—__+——>—_>+>—____——_ COMMITTEE NOTES. SOSCp ocrcoocorooornNooce COOFRrF OCC OME BOR oH 235 = bet oad Aone Aom=HOAbd OHH rt et aoe ee OL Or OS CUR Or OF OE es aaa tO pet OOH SOHROSSOSOSSOSOSSCOSCSO ScnSDSoOCaOSCO Coo onoos eting of the Committee of Management was held at the offices of the Society on Monday, May 4. the first meeting after the general meeting office. Hs ted, and, on the pro yosal of Mr. peers Ped Shaw, Mr. nimously re- -elected. The minutes then read and signed taken in due bers and associates he Society’s lists, making the Two resignations resignations up This bers the chairman for the current year W. W. tter dealt with by the committee t on the cases.  go 25 In a question arising from the non-publica- tion of a work the solicitor reported that an order of the Court had been made by which the book had to be published by a certain date, subject to a penalty of £50 if publication did not ensue, the defendant undertaking to pay the costs of the action. In the case dealing with the title of Mr. Raleigh’s drama, “Sealed Orders,’’ the solicitor reported that further action had been taken, owing to the fact that managers of theatres in the country had used the title contrary to the order of the Court. The solicitor was pleased to report that in all cases where the title had been thus wrongfully used satisfaction had been obtained and the offending advertisements had been withdrawn. He also reported that, by the desire of the author, he had made full copies of the papers which had been sent over to the author’s American lawyer explaining that, without the express sanction of the com- mittee, the Society could not be responsible for the costs in the United States. There were two cases of non-payment, one on accounts delivered, and one for a sum due under a contract. In the first case the debt and costs had been paid, and, in the second, part of the sum had been paid and a proposal for settlement had been made. In four cases against magazine editors the follow- ing results had been obtained: In the first, judgment was obtained, but on execution being levied, the debenture holders had appointed a receiver. It was obvious that nothing further could be done. In the second case, the debt and costs had been paid, and in the remaining two cases proceedings were pending. It was probable that both would be settled, as other claims against the same magazine had recently been satisfied. In a case by a member against a film company for unauthorised use of a title, the solicitor was glad to report that, when the company’s attention had been drawn to the matter, the title was changed. ’ In a case of alleged infringement of dramatic copyright, the solicitor reported that the evidence of an expert had been obtained, and after consideration of his report, the solicitor had come to the conclusion that it would not be possible to take action. The member had been informed of the result. The position of a publishing company against whom the Society has claims on behalf of some dozen members was fully reported by the solicitor who had investigated the matter, and it was hoped that the reconstitution of the com- pany would be carried through successfully. THE AUTHOR. [JUNE, 1914. Where judgment had been signed on behalf of one of the members, it was decided, after consideration of all the details by the com- mittee, to throw the defendant into bank- ruptey if the claims were not properly met. There was a claim of one of the members against a cinematograph company for piracy and infringement of copyright. The company was a French company with offices in England. The solicitor reported that, as far as England was concerned, the matter had been finally settled, but it was decided that he should send in his full report, in order that the papers might be forwarded to Paris to be dealt with by the Society’s French lawyer. There were two small cases for the collection of dramatic fees, and in both the solicitor reported that writs had been issued. A difficult case of alleged misrepresentation by a music publisher came before the committee, and here also, so far as England was concerned, the matter had been settled. As the main difficulty arose in Germany, it was decided that the solicitor should make a full report to the secretary in order that the matter might be placed in the hands of the German lawyer of the Society. Finally, in a case of dispute between author and agent, after mature con- sideration, it was decided that the author’s contention could not be upheld, and that the matter must be left in the hands of the solicitors to make the best settlement they could on behalf of the author. The secretary then placed before the committee questions which had arisen during the past month. There were four cases in which the chairman having given authority for immediate action asked for confirmation from the committee of that authority. The first dealt with the collection of dramatic fees in England, the second with a dispute in the United States in respect of cinema fees, the third was a claim against a United States magazine for money due on a published article, and the fourth a question of documents alleged, by one of the members of the Society, to have been stolen. The chair- man’s sanction was confirmed. In a case of dispute between one of the members of the Society and the society with whom his con- tract had been made, the committee, after reading the letters from both sides, taking into consideration the fact that the conflict of verbal evidence would make it almost impossible for the member to substantiate his contention in Court, decided with regret to take no action on his behalf. There was a case of dispute between one of the members and a publisher  JUNE, 1914.] as to the terms of a contract. The matter was referred to the committee for arbitration. The committee decided, with the sanction of the author, to leave the legal question involved to the decision of the Society’s lawyers. In a case of disputed accounts which had already been investigated by the Society’s accountants it was decided that no further action should be taken, as the committee felt that they could not go behind the accountants’ report. In a case of infringement of dramatic copyright in Canada they regretted they could not take the matter further, while it was decided to place an infringement by an Australian paper in the hands of the Society’s Australian lawyers as soon as the member had established a title to take action. The secretary read letters that one of the members desired referred to the committee, dealing with some negotiations between him- self and one of the religious publishing houses. It was decided to thank the member for the action he had taken, and, if possible, to get into communication with the publishing house mentioned. One of the members of the Society had referred to the committee an offer he had received from a magazine for the pur- chase of work submitted, and it appeared to the committee that the matter should be mentioned in The Author with the name of the magazine. A somewhat similar case, where the issues were not quite so clear, the committee left to the discretion of the secretary to act as he thought best. — 2 A question arose as to a contribution pro- mised by the Society to the Authors’ League of America, and the secretary was authorised to forward the sum due. The sub-committees of the Society were formally re-elected, the only change being the election of Mr. Charles Klein on the Dramatic Sub-Committee in the place of Mr. James T. Tanner, resigned. The motion passed at the General Mecting of the Society, on the subject of the Libraries Censorship was referred to the committee, and the committee felt that they were bound to carry through, to the best of their ability, the request made at the gene ral meeting. Accordingly, the secretary and chairman a instructed to get into touch once again with the publishers, the libraries and the _book- sellers, and Mrs. Belloc Lowdnes, Mr. Charles Garvice, Mr. Bernard Shaw and the chairman of the committee were elected delegates to represent the Society at a round-table con- ference. Dealing with the question of International THE AUTHOR. ify Copyright, the secretary drew the attention of the committee once again to the fact that when France made a treaty with Russia the attention of the Foreign Office was called to the fact by the committee, and it was suggested that England should take the opportunity of obtaining a similar treaty. A polite letter had been received in reply ; when subsequently Germany made a similar treaty with Russia the attention of the Foreign Office was again called to the position, and, again, a polite reply was received. The secretary now suggested that as the matter was of vital importance to all members whose literary and dramatic works were being translated and pirated in Russia, another attempt should be made to obtain a treaty with Russia. The committee decided to leave it with the chairman and the secretary to arrange that a deputation should wait on the responsible parties in the Government, with a view to pressing forward the settlement of a treaty with Russia at-the earliest opportunity. The ‘secretary put before the committee a letter he had received from the India Office in regard to the passing of the Indian Copyright Act, and stated that he hoped to have the Act for insertion in The Author shortly. He then referred to the difficulties surrounding Canadian copyright, owing to the law of 1842 still running in Canada, as the Canadian Government had not passed any new legisla- tion adopting the Act of 1911. It was decided in this matter, also, to see if it would not be possible, by representation to the Colonial Office, to remove some of the difficulties from the present position, and the committee determined, should it prove politic, that a deputation should attend the Colonial Office also. . Questions regarding the salaries of the clerks of the office and an articled clerk to serve under the secretary of the Society were considered and settled, and two or three minor matters of no general interest. et Dramatic SUB-COMMITTEE. I. ig of the Dramatie Sub- Committee was held on Friday, May 1, at the offices of the Society, to meet the Society’s American agent, Mr. W alter Jordan, who had come over to England. The main subject for discussion was the question of cinematograph ights and prices. : oie Jordan pointed out that ten or twelve A speEcIAL mecetil  ‘238 of the theatres in New York had gone over entirely to the production of picture plays, that the demand for good plays and good films was greatly on the increase, and that much higher fees could be obtained now than formerly. Mr. Jordan stated that he would forward to the Society of Authors, for the use of the secretary, a copy of the contract he had been making for the use of authors and dramatists. The legal questions respecting authors’ rights, which had been assigned before moving pictures were known, were also discussed, also questions of piracy and the legal decisions which had been given bearing on these points. The sub-committee thanked Mr. Jordan for his attendance, and for the information which had been given, which would be of undoubted assistance to them and to the secretary when dealing with these increasingly important questions. Il. Tue May meeting of the Dramatic Sub- Committee was held at the offices of the Society on Friday, May 15. After the minutes of the previous meeting had been read and signed, the first business dealt with by the committee referred to a dramatic agency agreement that had been sent for the consideration of the committee by one of the members of the Society. The agent was present at the meet- ing. It was clearly pointed out to him that the Society could not possibly advise any member to sign any agreement on the lines of the one put forward. After a considerable amount of questioning and discussion, the agent expressed himself willing to accept any reasonable agreement submitted by the Drama- tic Sub-Committee for the use of members of the Society of Authors. After the agent had retired, the sub-committee discussed at some length the position of agents in regard to the Society, and the secretary was instructed to draft an agency agreement for use in these particular cases, to be placed before the sub- committee at their next meeting. The next question dealt with cinematograph business. Mr. Carton reported that the meeting of the Joint Board, which had been held on the 14th had been unsatisfactory, owing to the small attendance, but that some important points had been discussed, and it had been decided to call a meeting for June 12. The question of cinema business, however, appeared to the chairman to be of such importance that he THE AUTHOR. [JUNE, 1914. proposed to the sub-committee that the Com- mittee of Management should be asked to consider the appointment of a sub-committee to deal only with cinematograph matters. The industry was, at present, in its infancy, and it was impossible, therefore, to come to any definite conclusion at the present time on the many important points involved; that cine- matograph representations were not simply matters concerning the dramatist, but also the novelist, and writers on educational subjects and on natural history—in fact, were so wide that it appeared essential to have a separate sub-committee to deal with the issues. Mr. Shaw was appointed delegate of the sub-com- mittee to attend and discuss the matter with the Committee of Management. ‘The secretary also brought to the notice of the sub-committee the question of cinema contracts and bad debts so far as they affected the author. The secretary pointed out that publishers paid royalties on all books sold and were responsible for all bad debts. It was most important that the same position should be adopted in regard to authors’ contracts with cinema manufac- turers. The sub-committee then considered certain cases. The first was a case of non-payment of fees by an American producer, and the sub- committee recommended the Committee of Management to do what was possible in the matter. The next case, the secretary reported, was also a case of non-payment of fees by an American manager. Immediate action had been taken and the papers sent to the Society’s lawyers in America. The Dramatic Sub-Committee this action. The third case, which was one of alleged copyright infringement, the secretary was glad to report had been settled. The fourth case also referred to the non- payment of fees by an American manager. The sub-committee recommended action to be taken in this case should an answer, which the author was awaiting from America, prove unsatisfactory. confirmed — Firm Ricuts Jomst Boarp. Tue first meeting of the Joint Board to deal with Film Rights was held at the offices of the Society on Thursday, May 14, at three o’clock in the afternoon. Regret was expressed by those present that the attendance was so small, owing to the fact that many of the delegates had important engagements elsewhere.  JUNE, 1914] In these circumstances, it was decided that it would be inadvisable to pass any important measures, but it was determined to call another meeting for Friday, June 12, at three o’clock at the same place. The agenda before the meeting will include the rules for guidance of the committee, such as financial questions, the number to form a quorum, and other details. Beyond these there will be joint action in regard to piracy, and a proposal put forward by Mr. Browne, of the Kinematograph Manufacturers’ Associa- tion, that a sub-committee for purposes of arbitration should be appointed. 3 Dunrine the past nivnth the secretary has dealt with nineteen cases, of which seven have been satisfactorily settled. The record runs as follows :— There were six claims for the return of MSS., one has been settled, two have only recently come to the office, one has had to be abandoned, and in settling the remaining two it is possible that the Society will be unsuccessful, as they date back a considerable time. It is therefore difficult to obtain the necessary evidence. There were five claims for money. Three have been settled and the money has been paid; one in South Africa will necessarily take some time, and the remaining case has only recently come to the office. Two applications for accounts have been acknowledged, and the accounts have been forwarded to the authors. There were three disputes on contracts ; one has been settled, one has only recently come to the office, and one has had to be trans- ferred to the Society’s solicitors in the U.S.A. One infringement of copyright will take some time, as that is also in the U.S.A. There have been two claims for accounts and money; one has been settled and the other is still in the course of negotiation. The cases still open from the former month are all outside England, and consequently cannot be settled quickly; one is a case of infringement of copyright in the U.S.A., one a case of dispute on contract in the U.S.A., one a case of accounts in South Africa, and the last a question of royalties due in France. The record varies little from month to month, but during the last two or three months a much larger number of cases have come forward in foreign countries. These are naturally some- times very difficult to deal with. THE AUTHOR. 239 May Elections. Douglas Anstruther Major J. B. Arbuthnot, M.V.O. Percy J. Barrow . M. V. Barty S. Bristowe. Evelyn Hope bell Sir Valentine Chirol Camp- Miss H. Emma Cole- brooke Richard St. Colthurst Denis Cox . ‘ (* D. H. Dennis.” ) Gordon Crosse John J. Madame Blaze de Bury (FE. Dickberry ). Henry Deutsch, Ph.D. . Alan Drew . Aleck T. Ellis Wilfrid H. G. Ewart Miss M. Z. Hadwen (‘‘ Margaret Hope’’). -H. W. Hicks The Rev. Russell H. Jeffrey Capt. E. G. D. Lardner ¥F. Gerald Miller ; Mrs. Muriel Minnitt : Mrs. Richardson . Reginald Rogers Cavendish Club; Piccadily, W. Derry House, Ross- earbery, Co. Cork, Ireland. 5, Kingdon Road, West Hampstead, N.W. Glenacros, Dun- blane, Scotland. 122, Sutherland Avenue, Maida Vale, W. Templeton, Hunger- ford, Berks. ; 34, Carlyle Square, Chelsea, S.W. 85, Bruton Street, London, W. Blainey Castle, Co. Cork, Ireland. Weir Cottage, Har- low, Bucks. 64, Lauderdale Mansions, Maida Vale, W. 37, Rue Paris. 60, Venner Road, Sydenham, S.E. Lower House, Burn- ley. 512, Fulham Palace Road, S.W. 8 West Eaton Place, London, S.W. 20, St. Leonard’s Terrace, Chelsea, S.W. c/o Thomas Cook - & Son, London. Muckley Cross, Bridgnorth. The Army and Navy Club, Pall Mall, S.W. Studio Street, New- lyn, Penzance. Redmarley, Long- field Road, Ealing, W. 22, Egerton Gardens, S.W. 9, Upper Woburn Place, Tavistock Vaneau, Square, W.C.  240 The Rey. Ewart Rust . Hamsteels Vicarage, Durham. -é L. Simon . 24, Mark Lane, a London, E.C. The Rev. W. H. K. 6, Albany Road, Soames, M.A. Bexhill. Walter Stephens . 6, York Street, London, S.W. Gladys Unger . , 18, Pack. Village West, | Regent’s Park, N.W. William James Ward . 86, Westbourne Road, Penarth, Glam. Adéle Warren. . 47, Cornwall Gar- dens, S.W. 1, Pemberley Cres- cent, Bedford. F. W. Westaway . : F, Weston : . H. M. Dockyard, Hong Kong. Thomas Whittaker . 13, Sharples Hall Street, Regent’s Park Road, N.W. ————__+—>—_+___—__ BOOKS PUBLISHED BY MEMBERS. ——— 1 — 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 that many of the books mentioned are not sent to the office 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, ANTHROPOLOGY. THE CHILDHOOD OF THE WoRLD. A Simple Account of Man’s Origin and Early History. By Epwarp Oropp. (New Edition, rewritten and enlarged.) 74 x 5. 240 pp. New York. The Macmillan Co. 4s. 6d. n. ARCHITECTURE. MonvMentAL CLAsstc ARCHITECTURE IN GREAT BRITAIN AND IRELAND During THE EIGHTEENTH AND NINE- eTEENTH CENTURIES. By A. E. Ricnarpson. 15} x ll}. 124 pp. Batsford. £4 4s. n, : BIOGRAPHY. Tue Story or Dorotuy JorDAN. 9 x 53. 429 pp. Nash. 15s. n. RoMANcEs OF THE Pemrace. -By THorNTON Hatt, F.S.A. By Cuare JERROLD. 9x 53. 352 pp. HoldenandHardingham. 12s. 6d. n. My Variep Lire. By F.C. Puiirs. 9 x 53. 319 pp- Eveleigh Nash. 10s. 6d. n. 5 Lirze or WattrerR Bacenor. By Mrs. Russert B : TON. 9} x 58. y 8 ARRING 486 pp. Longmans. 12s. 6d. n. DRAMA. , Damacep Goops. A Play by Briuux. Translated b J. Pottock. With a Preface by Bernarp Saw ants Foreword by Mrs. Brr» : a Wiflelds. Je. a, RNARD SHAW. it Xx 5}. 244 pp- THE AUTHOR. [JUNE, 1914. Dusk. By R. Vansirrart. 7 x 4}. 43 pp. Hum- phreys. Is. n. Pures Wire. A Play by F. G. Layton. 7 x 5. 64 pp. Fifield. Is. n. PLAYWRIGHTING FOR THE CINEMA. Dealing with the Writing and Marketing of Scenarios. By E. A. Dencu. Tt x 43. 96 pp. Black. 1s. n. ECONOMICS. Tur Nation’s WEALTH. Witt it Expure? By L. G. CutozzA Money. 632 x 44. 264 pp. (The Nation’s Library.) Collins. 1s. n. FICTION. THe Woman’s Way. By C. Garvice. 7} x 5. 315 pp. Hodder and Stoughton. _ 6s. Tue Pricetess THrnc. By Mavup Srepney Rawson. 723 x 5. 352 pp. Stanley Paul. 6s. Tures AGAINST THE WorLp. By Suema Kaye-Smiru. 73 x 5. 304 pp. Chapman and Hall. 6s. Tue Lost Tripes. By G. A. BirmMINcHAM. 7} x 5. 331 pp. Smith, Elder. 6s. A GARDEN OF THEGODs. By Epira M.Keate. 7} x 43. 339 pp. Alston Rivers. 6s. THe Sent Cartan. By 304 pp. Stanley Paul. 6s. Pink Puriry. By Gertie De 8. Wentwortu-J AMES. at May Wynne. 74 xX 43. (Popular Edition.) 7} x 5. 375 pp. Werner Laurie. ls. n. Quinney’s. By H. A. VacHELL. 7$ X 5. 336 pp. Murray. 6s. BrepEsMAN 4. By Mary J. H. Sxringe. 63 x 43. 198 pp. Duckworth. 2s. 6d. n. DeEsMonpD O'Connor. By Grorce H. Jessop. 73 x 4. 320 pp. John Long. Tur Crowninc Gitory. By E. R. Punsnon. 7} x 5. 301 pp. Hodder and Stoughton. 6s. Eve AND THE Minister. By M. H. Saw. 7} x 43. 248 pp. Murray and Evenden. 6s. Tue Betovep Premipr. By H. MaAxweELt. 319 pp. John Long. 6s. THe Works OF MsarTEN MAARTENS: Gtory. 470 pp. An Oxp Matn’s Lovs. 449 pp. Her Memory. 281 pp. My Lapy Nopopy. 535 pp. Gov’s Foon. 442 pp. Tse Sry or Joost AVELINGH. 72 x 5. Tor GREATER 316 pp. 7% x 5. Constable. 3s. 6d. each. Resecca oF SunNyBRooK Farm. By Kate Doucias Wiaain. (Twentieth Edition.) 7} x 5. 347pp. Gay and Hancock. 2s. n. Aut Sorts. By Dorr Wytiarpe. 140 pp. THESECRET or CHAUVILLE. 140 pp. (Cheap Reprints.) 8} x 5}. Stanley Paul. 6d. each. Tue Wortp Set FRrEx. A Story of Mankind. By H. G. Weis. 7} x 5. zx 286 pp. Macmillan. 6s. Private Arrairs. By Caartes McEvoy. 320 pp. Everett. 6s. BREADANDBUTTERFLIES. By Dion Chayton CALTHROP. 7% x 5. 343 pp. Millsand Boon. 6s. THe Istanp. By Exeanor Morpaunt. pp. Heinemann. 6s. Tun Monny Hunt. A Comedy of Country Houses. By Kryeton Parkes. 74 x 4%. 318 pp. Holden and Hardingham. 6s. Tir Haven or DESIRE. 1d xX 4. 72 x 5. 296 By Caprain Frank H. SHAw. 74 x 4%. 322 pp. Cassell. 6s. Tue Curse or Croup. By J. B. Harrtis-BurLanD. 7} <x 43. 342 pp. Chapman and Hall. 6s. A Strance Sotution. By Wrnirrep GRAHAM. 252 pp. Tue Furnace or Youtn. By J. 8. Fuercuer. 252 pp. Mysrrry Srorres. Told in Brief. (Cheap Reprints.) 63 x 43. Pearson. 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TINT 00€ Aq poyerzsni{y ‘SINVIG DNIMDMOTY HSILIAE u'sg ‘qessen ‘dd zog “fo X Fg _‘setteg Aq 4xoy, eatydiioseg. “I “p9 ‘SF yqueaog “TIVLLON GV I) “O YUM “FUNOD-HOTHNASSY “H. kg ‘oamnyen Wosy 4oor1 Mojoy Ut poydesso0j0yq 9 “MON}) AMHL SV SHUMOT] GITM Z S ‘U "pg “SOT ‘dd 6% ‘#9 X 8 STH ‘NoSdWOHY, ‘VHRIAIY] GHL JO SINVIG ONIATMOTA “AMOLSIN TVEOLVN ‘u‘pg's, ‘quoq ‘ddgge ‘fe x 8g ‘NVWMAN LSINAG Ag ‘ishiay ONV NVA SV HENOVM ‘DISOW : ‘u'sg ‘Tessey “dd gez “fo x f8 ‘d'W ‘ATTTIVS “M OD kg ‘soIndoog dO ssaupoud WHY, ‘ANTIOICAWN “1opla “WWM ‘dd ege ‘co x Fz ‘wosnag ‘QO °VAQ ‘aVvoOYy SHLONOTY ‘sor. “your =“dd gog Eg X 6 ‘“SATIMONOW I40H “UY V Aq ‘qy3trmyoog & Jo SUOTZDOT[OIVY ~pue suoloyey “SHOHLAY Laogy wood V ‘usp ‘quo, (‘Aeaqry storvpAv ay oyL) “dd o6z WX L ‘sosaoq Niusay Aq ‘SUIdaLg AYOINA) HINSALHOTY ‘eg ‘“meysurprvpy pux ueppy “ddetg “¢ x 4), ‘SHIZNIT LUvaALg ‘sup AG ‘“SAMITAISNOdSaY SAAT ‘AUVUALIT ‘use ‘ospoH “dd goz “fs = #8 (sen ysypsug e[qejoN) “NOLTWVY-NVAMOY “O '§ Aq poumpy ‘NVWMOI] UMGNVXATY NHOf 40 'IVI¥y, FH], *gUvUISUO'T ravasg ‘Ad “u "pg “SE (uorssord ly pany) “MV'T : : ‘u ‘sez ‘urpuoryy ‘dd gge ‘1 X $0T “Ayetoog ey} JO} pozyULIg ‘0J0 ‘sdoquIaW jo ysrT Teuoryrppy ‘jeqydvyH Arvqguoureyddng yyra pensst “Oy 'NIATON ASNAIS wig Aq poyIpy pue wsap IANOrT fq poyiduio) 9=“IINVLLIATIG: AO ALAINOG FHL FO AMOLSTIAL ‘U “pg ‘SZI ‘oUBrT ‘dd eje + smx ¥¢X6 ‘dd ‘NVOXO AMNUAA ‘pf ‘AOY Of} Ag ‘AUOISIE] HSTEA, JO AHAOSOTING AH, “AUOLSTH a UW "PQ “SS “UOpoUTyoys, ‘dd = ggT ‘Fc XS ‘“C4UvA AAXHIWOAR ‘sup, Aq oovjolg ® UVM “AaWIVd “LM Ag ‘“yjoy -sayeq ey} Aq ploy uorjysisdng pue ‘£r04S AT ‘gouvuloy jO SOATZVIIVN “GNVIGNW]T HSIIONY JO SNUVA aadg GdOTWION ‘yore “UW “ST ‘quoq. § (‘Areaqry sdorrjheM oy) ‘dd zoe “NVWATAL AWINVLG AG ‘NN] UNIsv) gHy, ‘dd 91g ‘NOSEVM\ LLOTaaVIY “Gq ‘H Sq ‘NaGuW NI axrivsoy ‘dd {T¢ ‘H10d1VM HOA AG + ‘“AsxoH NaGooM\ any, “dd ggz ONITLIHM “Y AG “IsauIg-NHOf ‘¢ ‘on ‘dd gee THMONVZ Iavusy Aq ‘OHH FHL 4O NaUCTIHD ‘dd [ez STIGM ‘H Ag “LISIA INdYGaNOA, GH, Po “Areaqry Suusduescg suosjay “dd zee ih X {9 ‘dO ANOHINY AG ‘aIdOag OA, 40 SAIVY, ust ‘uospayy “dd ege “Fp Xx Fo ‘(UOSTAaN WOTQDeTTOD) NOSVAL “M ‘OH 'V J@q “GAIA AVY,T ‘sg “MLeYySuTprep_ pue wepyo : AXGUVY @aT\\ GNNOMH Ag oe Ds aoe oe ‘sg ‘Avamnyy ‘dd Fe -¥F EP X EL ‘ec & E) ¢xosty 7 sr a r ¢ X gL ‘NOSLVM NOow] "H WQAg ‘Isdaway, ATIsHanOTD ‘YOHLAWV AHL CFI6L ‘ANAL  242 “Life of Walter Bagehot,” written as @ precursor to a complete edition of Bagehot’s work which is to be published in the autumn of this year. Mrs. Barrington, who Is the sister-in-law of her subject, tries to present a picture of Bagehot the man, as traceable in his own and his friends’ letters and in the memortes of those still alive who were his closest inti- mates. The material used ranges from family correspondence in Bagehot’s carly boyhood to the tributes of his contemporaries on his death at the age of fifty-one (Longmans, Green & Co.). Mr. W. L. George’s ‘“‘ Woman and To- morrow,” will be published in America by the firm of Appleton. Archdeacon Hutton writes the latest addi- tion to Macmillan’s Highways and Byways Series, ‘‘ Shakespeare’s Country,” to which Mr. E. H. New furnishes the illustrations. Mr. Philip W. Sergeant’s next book will be published by Messrs. Stanley Paul & Co., the subject being the Princess Mathilde Bonaparte, the niece of the great Napoleon, and the link (it might almost be said) between him and the present day, since it is only ten ycars ago that she died. In “ The Utilisation of Solar Energy,” Mr. A.S.E. Ackermann, B.Sc., describes the expe1i- ments in this direction, costing about £30,000, with which he has been associated during the past four years, including those in the Shuman- Boys Sun Power Plant at Cairo. A method for estimating the value for power purposes of steam is a feature of the work; and there is also a full description of the Shuman high and low pressure engines. The publishers are the Society of Engineers, 17, Victoria Street, S.W., and the price of the book is 2s. 3d., post free. Mr. Max Rittenberg has a book called ‘‘ Gold and Thorns,” for the spring of 1915. It deals with the sensational adventures of a cosmo- politan “‘ gentleman of fortune.’ Ward Lock & Co. will publish in England. Mr. Selwyn Brinton has just visited Venice to report for the Studio and the Graphic at the Eleventh International Art Exhibition of Venice, which was opened on April 24th. The exhibition this year is of special interest to English art, as, besides the excellent show in the British Pavilion, a whole room in the Central Palace is dedicated to the work of Mr. Frank Brangwyn. A German translation of Mr. C. E. Goulds- bury’s latest book, ‘‘ Tiger Land,” is to be published and issued shortly by Mr. Robert a of Stuttgart, in his Memoirenbibliothek series. Mrs. Frederika Macdonald, D.Litt., is the THE AUTHOR. (JUNE, 1914. writer of the article upon Jean Jacques Rous- seau in the fifth volume of the “* Cyclopedia of Education,” published by Columbia University, New York. Mrs. Alec Tweedie’s ‘‘ Mexico as I Saw It ” is being translated for publication in Germany. ‘“‘ Pagan,” is the name of a book of verse by Mrs. Amy Skovgaard-Pedersen (A. C. Fifield, 1s. 6d. net). We have received from Messrs. William Collins & Sons copies of five books in their new Nation’s Library, published at 1s. net :—“t The Nation’s Wealth,” by Mr. L. Chiozza Money ; “The Relations of Capital and Labour,” by Mr. W. T. Layton ; ‘‘ The State and the Poor,” by Mr. Geoffrey Drage; ‘‘ The Future of Egypt,” by Mr. W. B. Worsfold; and “ The Star World,” by Mr. A. C. de la Crommelin. Mrs. Dawson Scott’s' novel, “‘ The Caddis Worm,” is being published immediately by Messrs. Hurst and Blackett. Miss Sheila Kaye-Smith’s novel, “ Three Against the World,” which Messrs. Chapman and Hall published in April, is to be produced in the United States by Messrs. Lippincott. A two-shilling edition is announced of Rita’s story of Bath, “A Grey Life,” of which the publishers are Messrs. Stanley Paul. The same firm is adding to its sixpenny Clear Type series Mr. Keble Howard’s ‘‘ The Cheerful Knave,” and Mr. Charles E. Pearce’s “ The Snake Girl.” ‘“ Megan of the Dark Isle,”’ is the title of Mrs. J. O. Arnold’s new novel (Alston Rivers). Mr. Georg? H. Jesscp’s historical novel ‘‘Desmond O’Connor ”’ has been issued by John Long, Ltd. Miss May Crommelin, who has lately returned from India, is engaged on a novel to be pub- lished in September by Messrs. Hurst and Blackett. The scene of this is mostly laid in Kashmir, and the book will describe the life in houseboats of English visitors to the country, with its comic incidents and opportunities for flirtation and courtship. Miss Crommelin’s previous book, “The Golden Bow,” is now being issued in a cheap edition by Messrs. Holden and Hardingham. Mr. James Baker’s ‘‘ By the Western Sea,” has been added to the popular edition of his novels (Chaprnan and Hall, 2s.). ‘“¢ World’s-End,” by Amelie Rives (Princess Troubetskoy), has been produced in the United States by the Frederick A. Stokes Co. Mr. F. R. M. Fursdon’s novel, ‘‘ The Story of Amanda,” deals with the rise of a girl from the slums to be wife to a leading English politician (Simpkin, Marshall & Co.).  JUNE, 1914.) H.M. the Queen has accepted a copy of ** Where Pharaoh Dreams,’ by Mrs. Irene Osgood, with a foreword by Mr. Stephen Phillips and illustrations by Mr. W. Gordon Mein. *“* How to Breathe, Speak, and Sing ”’ is the name of a book by Mr. Robert Stephenson, upholding the old Italian method of respiration and dealing with all aspects, including the therapeutic and hygienic, of voice-production (Jarrold, 2s. cloth; 1s. 6d. paper covers). DRAMATIC. At the Little Theatre on April 24th, Mr. R. Vansittart’s one-act fantasy, ‘ Dusk,’ was pro- duced for the first time. On May 3rd, ‘“‘ The Patience of the Sea,” a new play by Mr. Norreys Connell, was produced by the Pioneer Pleyers at the Ambassador’s Theatre. On May ‘th, Mr. H. V. Esmond returned to the London stage at the Vaudeville Theatre, appearing in his own play ‘“‘ The Dangerous Age” (originally ‘“‘ The Dear Fool”), with which he has been touring Canada and the United States. On May 5th Mr. Israel Zangwill’s play “ The Melting Pot ’ was played for the hundredth time at the Comedy Theatre. On May 28rd, after its 120th performance, it was replaced by Mr. Zangwill’s new play “ Plaster Saints.” In “ The Holy City,” played at some special matinees at the Comedy Theatre in the first half of May and subsequently at the Haymarket, Mr. Sydney Valentine filled the part of Judas. Mr. Roy Horniman is the adapter from the German of “ The Blue Mouse,” presented at the Criterion Theatre on May 12th. Mr. John Galsworthy’s ‘‘ Justice ’’ was seen at the Coronet Theatre during the week com- mencing May 18th. Mr. Jerome K. Jerome’s comedy “ The Great Gamble” was produced at the Hay- market Theatre on May 21st. The French rights of Mr. W. Somerset Maugham’s play “The Land of Promise ~ have been secured by Mme. Bady for produc- tion in Paris next autumn. ee At a special matinee of West End Produc- tions, Ltd., at the London Pavilion on May 6, one of the plays was Mrs. E. P. Medley’s ‘Sold! At Store Prices.” MUSICAL. Mrs. Agnes Mary Astle’s song “ Morning tide ” was sung by Miss Gertrude Macaulay at Basingstoke on Sunday, April 26. The same composer has recently published — Nell’s Doll”. “The Doctor”; and “Light of ? THE AUTHOR. 243 pies One ad Morning ”’—the words of all ree songs being by Mrs. A. M. All Stai and Bell, 1s. 6d. net). Pee Sg a gg PARIS NOTES. — + : E MONARQUE ” is the title of Pierre § 4 Miulle’s new book, and all friends of Barnavaux will be delighted to make the acquaintance of Juste Claude Bonnafoux a native of a little provincial town of Southern France. Born with the imagination and the optimism of a true Meridional, Bonnafoux ought certainly to have known Tartarin. His fellow-townsmen surnamed him ‘ The Mon- arch” for the simple reason that, possessing nothing of his own, he had no eares and no responsibilities such as men have who must earn their living. He was kept, more or less, by the community, as he was considered an ornament to society. He visited one family during the shooting season, another during the vintage ; he was invited to all the marriages and baptisms. He had always plenty of time, and was always in a cheerful frame of mind. There- fore, as he said himself, he lived like a king, accepting everything from the world at large and giving himself in return. The stories of his various exploits are entertaining and, like Barnavaux, the ‘‘ Monarch ” is a philosopher, so that we learn many homely truths from his sayings and doings. ‘“*Mes Origines, Memoires et Recits ” (Tra- duction du Proveneal), by Frédéric Mistral. This is a translation of the poet’s Moun Espelido. An edition is also published with the original text and the translation together. Among the new books are the following :— “ La Dormeuse éveillée ” is the title of Helene Vacaresco’s latest volume of poems. “A travers Shakespeare,” by Jean Riche- pin. This volume contains the lectures recently given at the University of Les Annales. _ ‘La Vie et la Mort de Paul Derouléde,” by Jérome et Jean Tharaud. “Le Commerce et l’Industrie de la Plume re,” by Edmond Lefevre, should be read by all interested in the subject of birds and feathers for millinery purposes. It con- tains 300 illustrations, and M. Lefevre is the President of the Committee of Ornithologie économique. He gives us a chapter on the different causes of destruction of the birds and another one on the situation of the feather trade in the various countries. _ ‘‘Napoléon et sa Famille,” by Frédéric Masson, is the eleventh volume of this work. pour paru  244 The twelfth and last volume of the series is announced for publication next season. “Les Cathédrales de France,’ by Auguste Rodin, is the title of a volume by the famous sculptor. Some time ago _ Maurice Barrés published his book entitled ‘* La Grande Pitié des Eolises de France,’’ and now Rodin writes, as an artist and a thinker, on the cathedrals. The volume contains about a hundred illus- trations. oe “Les Pays d’Albanie et leur Histoire,’ by Frédéric Gibert. The author is a specialist in Oriental subjects. He gives a detailed account of the actual condition of the Albanian countries. “* Histoire de la Musique européenne ” (1850 —1914), by Camille Mauclair, will be greatly appreciated by music lovers. About a quarter of the book is given up to the works of Wagner. The author then studies the music of the various European nations. “Les Universités Allemandes au XX° Siécle,”’ par Dr. René Cruchet, is an account of a visit to twenty German universities by a Professor of the Bordeaux University. Dr. Cruchet gives us various anecdotes and a résumé of his conversations with the German Professors. He also shows up the various differences between the French and German university. In the Revue hebdomadaire, M. Laudet is now publishing a series of articles by prominent persons on the subject of France as it was in their youth and at present. The first of these articles is by General Lebon, who was formerly Commander of the first corps darmée. The General goes back to his recollections of 1866. He is now in his seventieth year, and after twenty-six admirable pages devoted to his experiences and observations, his advice to the present generation is: ‘‘Soyez gais, mes Jeunes camarades, d’une saine et vigoureuse gaieté qui vous donne le ressort d’un Gallifet.”” Another of these fine articles is by Charles Richet of the Institute. He tells us of the “* Physiology of former days and of to-day.” He points out that physiological chemistry has made great progress during the last thirty-five years. He tells us of the experiments of Pasteur (1857—1880). M. Richet says, in conclusion, that the “ future of humanity is in science only, and that the miseries of humanity can only be attenuated by means of the discovery of scientific truths.”” He declares that disease is our enemy, and that, in order to fight it, it must be known and then treated by science, In an eloquent appeal, he asks that the scientists who are devoting their lives to this end shall not be allowed to die of starva- THE AUTHOR. [JUNE, 1914. tion themselves. He declares that the dearth of physiologists is largely due to the fact that the State does so little for scientists. ‘“‘ Ignor- ance with regard to science was the great error of former times; it is the great error too, of modern times,’”’ concludes M. Charles Richet. One of the most interesting articles of the series is certainly the one written by Madame Mary Duclaux. She tells us of the literary Paris of 1885. She left the ‘‘ poetic and pre-Raphaelite England of her early life,’ and went to Paris. Among the people she first met were Mlle. Louise Read, at whose house she met Barbey d’Aurévilly and Mme. Ackermann. Two or three years later she married James Darmes- teter, and at the house of his brother, Arséne Darmesteter, she met Sully Prudhomme, Gaston Paris, and Mme. Dieulafoy and the Renans. (Arséne Darmesteter, the celebrated. philologist, had also married an Englishwoman. Her Salon pictures have won for her a place in the recent book on ‘Celebrated Woman Painters.”) After James Darmesteter’s death his widow married M. Duclaux, who was then. at the head of the Pasteur Institute. Paris is. now the second home of Madame Duclaux, and, in her clever article, she tells us her impressions. of the Paris of former days and of to-day. Her advice to the present generation, in conclusion, is that they should not only follow General Lebon’s advice and be “ gay,” but that they should be “sincere and true.” Madame Duclaux finds that the great danger of modern times is the hurry to see the immediate result of everything. She wonders whether a group of young workers could be found now such as the group which devoted itself to the founding of the Pasteur Institute. She wonders, too, whether the words renoncement, désintéresse- ment and recueillement are as well understood: now as in the nineteenth century ? M. Gavault has been appointed Director of the Odeon Theatre. He is himself a well-- known dramatic author, whose plays have had. great success. At the Bouffes-Parisiens M. Arthur Meyer’s play, ‘“‘ Ce qu’il faut taire,”’ is- now on the bill. M. Meyer, as Director of the- Gaulois, is a well-known Parisian, and the first night of his play was a society event. Autys HA.uarp. “Le Monarque’’ (Calmann Levy). “Mes Origines, Memoires et Récits ” (Plon). “La Dormeuse éveillée ” (Plon). “ A travers Shakespeare ” (Fayard), ‘““ Napoléon et sa Famille ’? (Ollendorff). “Les Cathédrales de France” (Colin). “Les Pays d’Albanie et leur Histoire” (Rosier). ” ‘‘ Histoire de la Musique européenne ” (Fischbacher). “Les Universités Allemandes au X Xe Sitcle” (Colin)...  =e a ® JUNE, 1914.] AUSTRALIAN BOOK RIGHTS. —— + {Reprinted fromthe * Bulletin of the U.S.A. Authors’ League.’’) Wuo SHouLD Have THEM—THE AMERICAN OR THE BrITISH PUBLISHER ? MEMBER of the Authors’ League who has had several of his books published in London, some sold through his American publisher, who supplied “ sheets ” (unbound copies), and some through a separate contract with English publishers, in attempting to sell an English edition of a recent work, encountered considerable difficulty in disposing of his British rights unless the London firm was permitted to handle the Australian rights also. The author was informed by his agent, more- over, that there appeared to be a greater and greater disposition on the part of English pub- lishers to insist upon Australian rights, and it might be difficult, in the future, to dispose of the English rights alone. In view of this fact, the League has investi- : c 3 sie gated the Australian situation in the endeavour to obtain for authors information which might enable them to decide advantageously as to the disposition of any Australian editions. To this end, inquiries have been made of a number of New York publishers and literary agents, the results of which we quote in abridged form. The following description, supplied by a well- known New York publisher, of actual sales con- ditions in Australia, will enable one to under- stand the reason for many of the opinions after- wards cited. This firm says, in part :-— “Many American publishers have placed the sale of their books in the hands of an importing firm in Sydney, which has agencies in Melbourne, Hobart, Launceston, Adelaide, Brisbane, and in several places in New Zealand. To this firm we send, as early as possible, advance copies of the books likely to find a market in Australia, and. also review copies for a number of papers. We then receive by cable orders for such books as our agents find the Australian trade will take. These agents concern them- selves with nothing but the wholesale importation of books and the sale of them to booksellers. As they have no retail trade whatever, their interests and those of the book- sellers are identical, and there exist, we believe, very friendly relations between them and the booksellers. “« Opposed to such agents as ours and to the bulk of the book trade in Australia is a large importing house in Melbourne which also conducts a retail business. This house, we are informed, endeavours to secure the exclusive rights in Australia to books from English and American publishers. Maintaining, as the house in question does, a large retail establishment of its own (perhaps more than one), it has aroused the antagonism of the Australian book- sellers, the more so because the prices it charges booksellers are much in excess of those charged for similar books by firms engaged in importing in wholesale business only. Booksellers in Australia have a further grievance in that THE AUTHOR. 245 the house in question will not supply popular books i quantities desired by the teil, Wihsaiver hey an that they can sell their stock at retail themselves they either cut down the orders from the booksellers or do not fill them at all. “The attitude of booksellers toward this house was demonstrated to us in the case of a book for which we received an offer from the Melbourne house after we had shipped a large quantity to our agents. Two of the principal booksellers in Sydney, hearing that the Melbourne house might get a consignment of the book, notified our agents that if this were true their orders were to be cut from 250 copies each to 50 copies each. We have in the past urged our agents to try to arrange some basis by which the Melbourne house could sell at retail, but this has been foundimpossible. And whether the antagonism is justified or not, the attitude of booksellers in reducing orders from 500 to 100 copies shows that the condition is not one about which to theorize. “‘ Since we have had to choose between the jobber who also conducts retail business and the wholesale agent, we have decided in favour of the wholesale agent, partly influenced by the facts we had gathered, and partly by actual figures. In the case of a novel which sold in America less than 15,000 copies, our total orders for Australia were 2,000 copies, whereas the offer made by the jobbing and retailing firm was only 1,500.” So much for the details of market conditions. The American publishers who have answered the request of the League for their opinions on the matter are, as might have been expected, unanimous in declaring that the American authors are best served by disposing of their Australian rights to or through their American publisher, rather than to the English house publishing in London. One of the largest publishing firms answers as follows :— “In one case where we had sold an edition of only 500 copies to England, our Australian sales exceeded 3,000 ; and in another case where the English publisher took only 250 copies, our Australian sales were 2,000. Two facts should be borne in mind when deciding the disposition of Australian rights: First, the Australians prefer the books of American manufacture. We always send cloth bound books exactly like those that are sold in America, Of course, we have to make very low prices, and, therefore, cannot pay more than half royalty. But the returns to authors on this basis, are, we are certain, much greater than they would be if the Australian sales were controlled by the English publishers. Second: we are informed that in many cases the English publisher sends what he calls his ‘Colonial edition,’ which is a cheap edition much inferior to the edition prepared for England. If, as must be the case, the royalty is computed on the low selling price of the Colonial edition, it 1s doubtful if the returns per book are as great as they are on the American edition. There is no doubt in our minds that the authors’ interests are best served by having the Australian rights remain with the American publisher.” A New York publishing house which has also an English office writes :-— “For a number of years we sold Australian rights through our English house, or through English agents. In recent years we have reversed this policy and have sold the Australian market directly from this country. We find that in doing so we are able to place more editions of  246 to secure the continuing interest in each of the nee Se By the English method one edition is taken and there the matter usually ends. In the case of certain very popular authors this original edition would be larger than the edition taken from America; but this in only a very few cases indeed, and even in these instances when handled from America succeeding editions would more than make up the difference.” ; “The Australian public,” he adds, “seems to like the type of books which appeal to Americans rather than the type which appeal to the English.” Another prominent publisher, while desiring Australian rights for his own publications, thinks that individual cases may differ and leaves the general question in some doubt. He says :— “The American publisher, who has occasion to arrange with an English publisher for the British edition of a book, may often find it desirable to retain in his own hands the arrangements for Australasia. Firms like my own, whose imprint reads ‘ New York and London,’ and which carry on their publishing business on both sides of the Atlantic, make a practice of retaining in their own hands the control of the selling arrangements for Australasia. I should take the ground, therefore, that there was no such thing as ‘a proper ownership of Australian rights,’ but that the matter was one to be determined wholly by the origin of the book (that is to say whether England or America), and very largely by the status of the connections and the publishing machinery of the house controlling the book.” The following communication, however, from an equally important firm, is bolder and more definite in its reasons, corroborating a previous opinion :— ‘“We oftentimes secure from Australia alone an order just as large, if not larger, than we get from England, even when they have all foreign rights. As a general rule, we think the English publisher wishes the Australian market simply to use as a dumping ground. In case he is not able to dispose in England of books at the regular price, he sends them over there (Australia), and brings them out as a cheap edition. My feeling is that he does very little, if anything, to promote the sale in Australia.” Two New York literary agents, both of whom have had wide experience in placing foreign rights of American authors, take opposing positions in regard to the disposal of Australian rights. One of them says :— “Tt is my belief that a popular author gets more out of his Australian rights when they are sold by the American publisher than when they are sold by the English publisher. In the cases of several popular authors the American pub- lisher has got more out of the Australian rights than the English publisher was willing to offer for the English rights plus the Australian rights. Australia in its outlook on life and in the kind of books which attract it is much nearer to America than it is to England.” _The other literary agent makes the following distinction :— # “(a) Given an American novel of the type that is li to obtain manufacture and publication in Se oo. separate contract with an English publisher, I believe it is to the advantage of the author to put the Australian volume rights into the hands of the English publisher. (6) If the novel is of the type not likely to be sufficiently THE AUTHOR. (JUNE, 1914 acceptable in England to attain the publication under a separate contract, I advise giving all rights of volume pub- lication in the English language, including Australia, to the American publisher. Taking two average standard con. tracts, one with an English publisher, the other with an American publisher, it is my experience that the author receives from the English publisher a larger sum per copy than from the American publisher. I need scarcely say that where American publishers have a fully equipped English house (and not a mere agency), and conform to the Australian royalty scales customary with the best English publishers, my advice to American novelists is—as a rule— to let such American publishers have all volume rights in the English language, including Australia. But (as you know), American publishers thus equipped are few.” One of the agents quoted above states :— “Many English houses will not take a book on which they don’t have the Australian rights, so that if you have sold the Australian rights to an American publisher you may find it difficult to place the book in England at all.” This opinion confirms that of the English agent first cited. But there is still another reason for favouring the American publisher. Every American author who has had books published and printed in England has bewailed their inferior appearance, as compared with his American edition. In typography, paper and binding most English editions are far behind the usual American made books. Not only does this displease the author’s esthetic sensibilities, but it probably seriously affects the sale of his book. A case could be mentioned in illustration of one book whose English sale fell far behind the American, indubitably for that reason alone. Says one of the above quoted New York pub- lishers :— “‘ We are certain that the appearance and manufacture of the American book is of more advantage, especially in the Australian market, where it is much preferred to the English book.” The concensus of opinion of those interested (on this side of the water at least) is, therefore, that the American publisher can do better for the author, in Australia, than the English. But, meanwhile, the League is iz communics- tion with London firms and agents, and hopes, later, to present the British side of the question, as well as supply direct information from Australia itself. Se FRANCIS, DAY, AND HUNTER v. FELD- MAN & CO. 8 fe eee action was tried on May 21 and 22, and involved two issues: (1), whethet the plaintiffs’ song called ‘‘ You made me love you (I didn’t want to do it),” written i ' asain ities JUNE, 1914.] by Joe McCarthy and James V. Monaco, both American citizens, was “ first published ” in the British dominions within the meaning of the Copyright Act, 1911, so as to entitle it to copyright thereunder; and (2) whether the words of the defendants’ song, called ** You didn’t want to do it—But you did,” infringed the copyright in the words of the plaintiffs’ song. No complaint was made with regard to the music of the defendants’ song. : Section 1 (1) of the Copyright Act, 1911, provides that copyright shall subsist in every original literary, dramatic, musical and artistic work if, in the ease of a published work, the work was first published within His Majesty’s dominions to which the Act extends. Section 1 (3) provides that publication in relation to any work means the issue of copies of the work to the public ; and section 35 (3) provides that a work shall be deemed to be first published within the parts of His Majesty’s dominions to which the Act extends, notwithstanding that it has been published simultaneously in some other place, unless the publication in such parts of His Majesty’s dominions is colourable only and is not intended to satisfy the reason- able requirements of the public, and a work shall be deemed to be published simultaneously in two places if the time between the publica- tion in one such place and the publication in the other place does not exceed fourteen days. The plaintiffs’ song was published in New York and Toronto on May 5, 1918. On April 24, the Broadway Music Corporation, who pub- lished the song in New York, transmitted twelve copies to the plaintiffs and requested them to copyright the song in England on May 5. On that day the plaintiffs caused one copy of the song to be sent to the British Museum, four copies to be sent to the agent for the other libraries, and one copy to be filed as a record. The remaining six copies were placed in the plaintiffs’ retail premises in a box labelled ‘‘ New works issued this day.” They remained in the box from ten to fourteen days, other music being placed on the top each day as published. The six copies were then r moved to the stock room. It was proved that on the average from eighty to one hundred customers would come into the plaintiffs retail premises each day. It was also proved that American songs. were Oe ei oe until they had been performed 1n this co y- The sischite ae John Abbott, stated that it was their intention to have copies of the song in question available to meet any demand as and when it might arise. There was, how- ever, no demand for the song until August, and THE AUTHOR. 947 no sale could be traced before August 12. In July, the plaintiffs heard that the song was going to be performed in England, and on July 18, they ordered by cable ten further copies from America. On July 26, they ordered ten more. These twenty copies came to hand on August 12. On August 18, they cabled for 100 copies, which came to hand on August 25. The song was first sung in England on July 25 by Miss Florence Smithson at the Chiswick Empire. On August 4 it was sung by Miss Grace la Rue at the Palace. The demand began about August 12, and on August 20, they published an English reprint of 750 copies. They had always been in a position to supply any demand which was made, Beyond placing the six copies of the song in the box in their retail premises, the plaintiffs never advertised the song either in the Press or in their catalogue or otherwise until’ Sep- tember. On these facts the defendants contended that the song had not been issued to the pwhlie in England within fourteen days from May 5, and, alternatively, if it was so issued that the publica- tion was colourable and was not intended to satisfy the reasonable requirements of the public. Mr. Justice Neville, however, held that there was an issue of copies to the public and that, as there was a bona fide intention on the part of the plaintiffs to satisfy any demand for the song, as and when it might arise, the publica- tion was not merely colourable and the con- dition required by the Statute had been satis- fied. On the question of infringement, the defen- dants contended that their song was what was known as a reply song to the plaintiffs’ song, and as such was a legitimate publication. Evidence was given on behalf of the plaintiffs to the effect that there was great similarity between the words of the two songs in rhythm, idea and language, and that the sale of the defendants’ song was calculated to prejudice the sale of the plaintiffs’ song. Mr. Justice Neville said that the question was not free from difficulty. A song might well be what was called a reply song, and yet be an infringe- ment of the song to which it was a reply. The court must be guided by the general impression created on the mind by the one song and the other. In this case he thought the defendants’ song was but a colourable imitation of the plaintiffs’ song, and he granted an injunction and inquiry as to damages. el  HOW TO USE THE SOCIETY. — 4 VERY member has a right toask 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 8 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. 7. Many agents neglect to stamp agreements. This must be done within fourteen days of first execution. The ‘Secretary will undertake it on behalf of members, 8. Some agents endeayour 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 4s. per annum, or £10 10s. for life membership. ——>— + WARNINGS TO THE PRODUCERS OF BOOKS. oe 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, 7f a proper price can be THE AUTHOR. [JUNE, 1914. 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. “By 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 isnow possible for an author to ascertain approximately the truth. From time to time very important figures connected with royalties are published in The Author. I¥. 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 :— C1.) That both sides shall know what an agreement means. (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. a WARNINGS TO DRAMATIC AUTHORS. ee 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 :— (2.) 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, : 5 i  JUNE, 1914.] (.) 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 inadvance 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.c., 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 (0.) 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 anyevent. It is extremely important that the amateur rights of one-act plays should be reserved. 5. Authors should remember that performing rights can be limited, and are usually limited, by town, country, and time, This is most important. 6. Authors should not assign performing rights, but should grant a licence to perform. The legal distinction is of great importance. 7. Authors should remember that performing rights in a play are distinct from literary copyright. A manager holding the performing right or licence to perform cannot print the book of the words. 8. Never forget that United States rights may be exceed- ingly valuable, ‘Lhey should never be included in English agreements without the author obtaining a su. bstantial 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. —> -— REGISTRATION OF SCENARIOS AND ORIGINAL PLAYS. —— CENARIOS, 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 22, 6d. per act. THE AUTHOR. 249) DRAMATIC AUTHORS AND AGENTS. Ee De 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. ee ae WARNINGS TO MUSICAL COMPOSERS. Segoe : ITTLE can be added to the warnings given for the- ey assistance of producers of books and dramatic authors. It must, however, be pointed out that, as a rule, the musical publisher demands from the musical 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. a STAMPING MUSIC. Sage ee 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 —__—_ THE READING BRANCH. —+— EMBERS will greatly assist the Society in this N 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, > + EMITTANCES. f the Society begs to give notice a ee Ses are Scuyowiodued by return of post. All remittances should be crossed Union of London and Smiths Bank, Chancery Lane, or be sent by registered. letter only,  COLLECTION BUREAU. ee ecg HE Society undertakes to collect accounts and money due to authors, composers and dramatists. : 1. Under contracts for the publication of their works. : : 2. Under contracts for the performance of thei and amateur fees. é . 3. Under the Compulsory Licence Clauses of the Copy- right Act, i.e., Clause 3, governing compulsory licences for books, and Clause 19, referring to mechanical instrument records. The Bureau is divided into three departments :— 1. Literary. 2. Dramatic. 3. Musical. The Society does not desire to make a profit from the collection of fees, but will charge a commission to cover expenses. If, owing to the amount passing through the office, the expenses are more than covered, the Committee of Management will discuss the possibility of reducing the commission. : For full particulars of the terms of collection, application must be made to the Collection Bureau of the Society. r works AGENTS. Holland . ‘ ‘ A. REYDING. United Statesand Canada. WALTER C. JORDAN. Germany Mrs. Poason. The Bureau is in no sense a literary or dramatic agency for the placing of books or plays. ee = GENERAL NOTES. ae es PUBLISHERS’ AGREEMENTS AND THE AGENCY CLAUSE. Our attention has been drawn once again to the agency clause inserted by agents in publishers’ agreements. The clause runs as follows :— ** All accounts due and all moneys payable under this agreement shall be rendered and paid to of and it is hereby agreed that his receipt shall be a fulland sufficient discharge therefor and that shall have authority to treat for and on behalf of the said author in all matters under this agreement.” The publishers’ agreement, with a covering letter from the agent making several comments on the document as far as it concerned the publishers’ proposed terms, was submitted through the author to the Socicty for criticism, but the agent’s letter written to the author made no comment whatever upon the clause which referred to his own position and which he had inserted. We have on former occasions and at full length dealt with this matter. If an agent, when commenting on the publishers’ agree- ment, sets fairly before the author the diffi- culties that may arise under the clause which he inserts for his own benefit, states that it is irrevocable, that it may handicap the author THE AUTHOR. [JUNE, 1914. seriously, ete., ete., and if the author, having the full statement before him, says ‘* You are my agent, I am quite willing to trust you as regards this clause,” then no blame whatever can attach to the agent; though something might be said on the question of the author’s folly. But when an agent as in the present case says nothing the matter assumes quite another aspect. Supposing, for instance, a solicitor when drawing up a contract for a client inserted a clause which, of great benefit to him- self, might be seriously detrimental to his client, and omitted to point out the facts ; if the matter was then referred to the Incorporated Law Society, the result would most probably be that the solicitor would hive his name struck off the rolls. But agents who dealin a similar manner with their clients are full of anger when com- ments are made upon their methods of doing business. Solicitors are responsible to the council of their profession, but agents have no such responsibility. It has been said that all authors are not angels, and that unless the agent protect himself he runs a chance of being swindled; but the agent seems to forget that the author runs exactly thesame chance. It would be interesting to know the proportion of corrupt agents to the total number of agents, as com- pared with the proportion of corrupt authors to the total number of those who follow authorship as a profession. It is doubtful if this sum were worked out whether the agent’s care for himself could be wholly justified. AGENTS AND ACCOUNTS. WHILE we are discussing the question of agents, there is another matter to which the members’ attention should be called. Agents —literary, dramatic, and others—are very fond of receiving accounts and passing them on to authors without any comment. They take no trouble to compare them with the former accounts, to compare them carefully with the agreement and to see that the proper percentage is given throughout. They simply ask the author, who is helpless in the matter, whether he is satisfied with them. Many agents, however, have got a worse habit still. They make out an account of their own, presumably from the original accounts, deduct their agent’s fees, and send it on with a cheque to the author, who has no possibility of viewing - the original documents. We are glad to see, that this is not always the case, One or two of the best-known agents: make a point of always sending on the originals for consideration. Even then it is the agent’s |  JUNE, 1914.] duty to state clearly that he has compared the accounts with the former accounts and with the agreement. The matter would not be of such importance if, in the clause which we have quoted, the agent’s receipt was not a valid discharge. The insertion of these words into the clause cannot be supported by the same arguments that warrants the agent to collect the monies. They are merely an added burden to the author. Prorit SHARING ON THE SALES OF SHEETS IN ture U.S.A. WE re-publish in another part of The Author an article which deals with a clause inserted in Publishers’ Agreements giving the author half profits on sales to America. The matter is of growing and serious importance, be- cause such a clause, although the author is receiving a royalty on other sales, is being inserted more frequently in author's agree- ments, and its interpretation, when the accounts come in, is nearly alweys—there are honourable exceptions—to the detriment of the author. Every form of profit sharing in literary as well as dramatic agreements is unsatisfactory. If the accounts are rendered with the most honourable intentions, distrust and suspicion is bound to spring up, often because the author cannot understand the intricate details. Profit sharing on American sales is a subject which might very usefully be discussed between the committee and the Publishers’ Association, if the latter would care to discuss it. There are two reasons why, from the pub- lishers’ point of view, the power to sell on half profits to America benefits them. It enables them to cut down prices to an absurdly low figure. This is detrimental to the author, who practically gets no profits, but is not a serious matter for the publisher, because in any case, he takes care to get his cost of production eovered. The cost of production including, as is shown by the article, the cost of composition. The second point is that, however equitable the arrangement may appear, it is impossible, as shown in the article, that it should be an equitable arrangement if the book continues to sell briskly in England. Bot h these points are detrimental to the author's financial interests. We hope, therefore, that all authors who receive a royalty on the English sales, failing to obtain U.S.A. copyright, will oppose the clause of profit sharing on the American sales, THE AUTHOR. 251 and will insist upon receiving a royalty of so much per copy, which will force the publisher to keep up a reasonable price for the sale as he has to pay the author a reasonable price also, A Boox aspout AUTHORS. __WE are quoting the following from Mr. Hope Moncrieff’s ‘‘ Book about Authors ”’ :— *“The Authors’ Society has recently started a pension fund of its own which appears to be usually applied for the benefit of novelists, the only class of authors that does make any money to speak of. And in two cases it is paid to gentlemen also enjoying Civil List pensions. This looks as if the Authors’ Society contained few really necessitous members. But one has known only too many authors, and of note and of usefulness, who could not afford even the guinea subscription to this association.” We think Mr. Moncrieff is a little unfair to the Authors’ Society. The Authors’ Society is paying at the present time five pensions. Three of the pensioners are novelists ; two are not. The proportion of three to two is not an excessive proportion considering the member- ship of the Society. Mr. Moncrieff states, however, about novelists ‘‘ the only class of authors that does make any money to speak of.” With all Mr. Moncrieff’s large knowledge of authorship, he has failed to understand that many educational writers have a much larger circulation and a much surer and continued income than novelists, and that the suecesstul dramatist again is often far ahead of the successful novelist. The remark also is not quite fair because after all it is not the class that benefits by the pension but the individual. There is a further point to which attention might be drawn. It would appear that Mr. Moncrieff has written the paragraph without a correct knowledge of the Pension Fund scheme. It is absolutely essential that the author secking a pension should have been a member for a certain number of years. We regret to say we know more than one case in which an author has resigned from the Society, not always on account of poverty, and coming on bad days, has desired to rejoin the Society with a view to getting a pension. There is also a limit of age in the Society’s Pension Fund scheme. There is also the fact that the Pension Fund scheme was started with a view not to cut in any way into the work of the Royal Literary Fund. Like Mr. Moncrieff, we have known too many authors who have fallen on evil days. has only been tempore by the Royal Literary F In many cases their position ary, and being relieved und, they have regained  252 their work and stemmed the tide of misfortune. The Socicty, although it cannot assist directly in these cases from its Pension Fund, can assist indirectly and is constantly doing so, by giving advice and referring members to the Royal Literary Fund, and by calling the notice of the more fortunate members of the profession to an urgent case. Again, amongst those authors who are not only known to Mr. Moncrieff, but also to_us, many were not entitled by age to relief. Finally, the Pension Fund of the Society is an exceedingly small fund, and when the income is exhausted by the payment of present pen- sions, however pressing may be the needs of those who claim, it is impossible for the Society to assist until the income at the disposal of the trustees is sufficiently increased. We think the Society may well be proud of its Pension Fund, small as it is. The first pension granted was to Mrs. Riddell. The fund was started by the Society, ten prominent members heading the list with donations of £100 each—and for members of the Society only. It has never appealed to the public by way of advertisements, charity concerts and other methods, but has gone steadily from year to year, supported by members of the Society both rich and poor, until its funds are over £5,000 in value. The amount invested per annum usually runs to between £200 and £300. It has not been a one-man fund, born of the generosity of this or that millionaire, although no doubt the trustees would be willing to receive outside gifts. It is because the funds are really part of the life of the Society, and its membership that the Society has reason to be proud of it. Tue Art or LEAyING Orff. _ A very interesting little paragraph appeared in the May number of the Chicago Dial, which we take the liberty of copying :— “* The Art of Leaving Off, in writing, in story-telling, in specch-making, in preaching, in calling, and in much else, is an art that many never learn, perhaps chiefly because it is so simple—to stop when you get through. Scott more than atones for the long-winded preliminaries to his novels by the masterly abruptness with which he closes them, A compliment worth winning from one’s readers is the involuntary exclamation at the end of the book, Is that all! Those who have read much aloud will recall many a masterpiece of fiction that has elicited from breathless hearers that unmistakeable testimony to the attention- compelling quality of the narrative. In her useful treatise on “The Art of Story-Telling,’ Miss Julia Darrow Cowles pertinently remarks : ‘ Story-tellers sometimes remind one THE AUTHOR. (JUNE, 1914. of a man holding the handles of an electric battery. The current is so strong that he cannot let go. The story-teller must know when and how to “‘let go.”’ Letus suppose that, in telling Hans Christian Andersen’s story of ‘‘ The Nightin- gale,” the story-teller—after the delightful denouement of the supposedly dead Emperor’s greeting to his attendants, where he “‘ to their astonishment said ‘ Good morning !’ ”” —were to add an explanation of the effect of the nightin- gale’s song in restoring the Emperor to health! It would be like offering a glass of ** plain soda’ from which all the effervescence had departed.’ .. .” But is it true that authors generally know when to stop ? In the old days of long serials, many authors being bound by the serial market to make the beginning of the story interesting dragged on interminably towards the end. Is not the second volume of Thackeray’s “ Virginians” a fair example of not knowing when to stop? Copyricut Casrs, 1918. WE have received from the Publishers” Association the ‘‘ Copyright Cases for 1913,” edited by Mr. E. J. MacGillivray. This. collection is produced for private circulation at the expense of the Publishers’ Association, and the Society cannot be too grateful to that Association for allowing the Society every year to have a copy. It is an invaluable production. In the summary, Mr. MacGillivray touches on the question of titles, which he rightly says has jumped into supreme importance by reason of the fact that the producers of films are claiming the right to appropriate the title of any novel or drama. is one that may effect seriously all authors, and it is hoped that the efforts of the Society will be successful in organising a satisfactory defence. INTERNATIONAL CONGRESS OF AUTHORS AND JOURNALISTS. WE have received some papers with regard to the Congress of Authors and Journalists to- be held at the Panama-Pacific International! Exposition which will take place at San Francisco in 1915. The papers give some idea of the arrange- ments that are going to be made for all those who, specially invited, are able to accept the invitation. Fuller particulars may be obtained from: Miss Ina Coolbrith, 1067, Broadway, New York, or from Mr. Hermann Scheffauer, Bank Point,. Jackson’s Lane, Highgate, N. The matter vip  JUNE, 1914.] ‘MODIFICATION OF THE BERNE-BERLIN COPYRIGHT CONVENTION OF 1908. —o— + (Reprinted from the U.S.A. “ Publishers’ Weekly.’’) TWFNHE following additional protocol to the Convention of 1908 adopted by the countries of the International Copy- right Union, March 20, 1914, is of especial importance in the United States because it _ doubtless originated in and reflects the dis- satisfaction with the manufacturing and other restrictions of our own copyright code felt by those countries which grant full copyright. Under it, Great Britain can impose counter- restriction on books of American authorship without violating its full relations of reciprocity with the other countries of the Union. ADDITIONAL ProrocoL TO THE REVISED BERNE CONVENTION OF NOVEMBER 13, 1908. The countries, members of the International Union for the protection of literary and artistic works, desiring to authorise an optional limita- tion of the extent of the Convention of Novem- ber 13, 1908, have, by mutual agreement, -adopted the following Protocol : 1. When a country not belonging to the Union does not protect in a sufficient manner the works of authors who belong to a country -of the Union, the provisions of the Convention -of November 13, 1908, cannot prejudice, in any way, the right which appertains to the con- tracting countries to restrict the protection of works of which the authors are, at the moment -of the first publication of these works, subjects -or citizens of the said country ‘not being a member of the Union, and are not actually domiciled in one of the countries of the Union. 2. The right accorded to the contracting States by the present Protocol, equally apper- tains to each of their trans-marine possessions. 3. No restrictions established in virtue of No. 1 above, may prejudice the rights which an author has acquired upon a work published in -one of the countries of the Union prior to the putting into force of these restrictions. 4. The States which, in virtue of the present protocol, limit the protection of the rights of authors, will notify the Government of the Swiss Confederation by a written declaration ‘indicating the countries against which the protection is restricted, and also the restrictions to which the rights of authors from these -eountries are submitted. The Government of the Swiss Confederation communicates at once the fact to all the other states of the Union. THE AUTHOR. 2538 5. The present Protocol to be ratified, and the ratifications to be deposited in Berne within a maximum delay of twelve months from its date. It enters into foree one month after the expiration of this delay, and has the same power and duration as the Convention to which it relates. In witness whereof the Plenipotentiaries of the countries, members of the Union, have signed the present Protocol, of which a certified copy is to be transmitted to each of the govern- ments of the Union. _ Made in Berne, the 20th day of March, 1914, in only one copy deposited in the archives of the Swiss Confederation. (The signatures of the representatives of the countries of the Union follow) :— Liberia, Luxembourg, Monaco, Norway, The Nether- lands, Portugal, Spain, Switzerland, France, Tun’‘s, Great Britain, Germany, Haiti, Belgium, Italy, Denmark, Japan. ——__—— @ > +~<4 6 ROYALTY AGREEMENTS AND HALF PROFITS ON SHEETS TO AMERICA. Pe Se EEE HERE is a clause often embodied in agree- ments issued by the best houses in London in which the author—failing to obtain the American copyright—is entitled to half of the profits on the sale of sheets to America. If this clause is inserted in the usual half-profit agreement, there is little to be said against it. The only points at issue, then, are: (1) Is a profit-sharing agreement desir- able? (2) In what proportion should profits be divided between author and publisher ? But if the clause is inserted in an agreement where the author is to obtain a royalty on the publication of the English edition, there are two very strong points of objection. The first point rests on the fact that a clause drafted on these lines is a distinct pitfall to the author. Itis 4 pitfall for the following reasons: (1) because to the ordinary person the difficul- ties with which the clause 1s pregnant are altogether invisible ; (2) because the amount the author receives is always calculated—see the books of the Society on the point—on the basis that the full cost of composition is charged against the English edition. If this were not the ease, the author ought to receive a higher royalty on British sales. 254 Let us explain what we mean more fully. Take the ordinary 6s. book :— £8 ¢, Cost of composition of 3,000 copies . : : 35 60, 0:0 Cost of printing of 3,000 copies . ; : - 16 0, 0 Cost of paper of 3,000 copies 58 0 0 Total - 104° 0 0 Of the 3,000 copies the publisher sends 2,000 to America and receives for the same (say) Ls. a copy—£100. The cost of composition was compulsory for the completion of the English edition, the author’s royalty, as stated, being based on this understanding; but the pub- lisher takes two-thirds of this cost towards the American edition as well as two-thirds of the cost for the print and the paper, leaving to be divided between himself and the author— £ sg By sale of 2,000 copies to America : ; . 100 QO 0 Two-thirds cost of produc- tion : 69 6 8 {30 138 4 As the cost of composition has no right to be charged against the American edition, but only the cost of print and paper, the difference would work out as follows :— £3. d. By sale of 2,000 copies to America : : - 100. 0: 0 Two-thirds cost of print and paper : 49 6 8 £50 18 4 Instead, therefore, of the author receiving £25 6s. 8d., by the publisher’s method of cal- culation of half profits, the author receives £15 6s. 8d. and the publisher £85 6s. 8d. It is almost as reasonable an arrangement as the ordinary half-profit agreement, whose clauses and workings have so often been exposed in The Author. To show how this method may be worked out in the interests of untrustworthy publishers unfairly to the author, say the publisher in the first instance only publishes 1,000 copies. The cost of composition would still be £80; print- ing, £10; paper, £20. He sells 500 copies to Amcerice,, end on the same principle the follow- ing sum is worked out :— fos ad. Half cost of production _ $0 0-0 By sale of 500 copies to America at ls. per copy . 25 0 0 £5 0 0 THE AUTHOR. [JUNE, 1914. This would leave a deficit against the author’s. account of £2 10s., as the sale to America has failed to cover the cost of production. As soon as the edition is sold and the amount is worked out against the author he prints 10,000 copies for the English edition, but never takes into account the proportion of the cost of production of the 500 sent to America to the 10,000 printed in England. Again, supposing you take the first instance and 20,000. were subsequently sold, the cost of the 2,000 sold to America is still taken in proportion to the cost of the 3,000 of the first edition printed, and not in proportion to the whole cost. It will be seen, therefore, that, quite apart from the contract being unfair, and a pitfall to the unwary (as on the face of the agreement the difficulty is invisible), even if it is worked out by a publisher with an honest idea of doing nothing dishonourable, the result of its working, its natural evolution, becomes a fraud on the author, as it is impossible to calculate this sale to America on the basis of future sales. It must always be calculated upon the sales that have already been made. The position is ridiculous. It is to be hoped that the Pub- lishers’ Association will dissociate themselves from this form of agreement. The second objection arises from the fact that this sale to an American house is mere agency work. If conducted through the medium of an author’s agent, the latter would be highly pleased with the payment of 10 per cent. on the net result. Not so the publisher, although he is constantly erying out against the agent and his charges. It is a well-known fact —instances have often been quoted—that the publisher, although he expresses strong dis- approval of the intervention of the agent who charges a modest 10 per cent., makes—when he endeavours to undertake any of the agent’s duties—a general charge of 50 per cent. Further arguments against allowing a pub- lisher to undertake an agent’s work need not be repeated here. ——_____o—>_+_____—_- THE FAMILY HERALD PRESS. THVHE attention of the committee has been LT called to a letter issued from the ‘Family Herald Press ” to one of the members of the Society of Authors. The letter runs as follows :— “Dear Srr,—On the understanding that you are the author and sole owner of the above-named story, the Editor is prepared to pay you for the entire rights of i  ‘JUNE, 1914.] ~publication and re-publication (Home, Colonial and International) the sum of ten shillings, the Editor to shave the right of making any alteration he nmy deem advisable in title, names of characters, and text. “Should the Editor’s offer be acceptable to you, we shall be obliged by an early intimation of the fact, so that a remittance may be sent at the end of the month. ‘“* WintraMs, STEVENS, Lrp.” The article for which the magnificent sum of 10s. was offered was an article of 2,000 -words in length; therefore, the price being ‘paid was at the rate of 5s. per 1,000 words. Now from the point of view of the worst author, 5s. per thousand words must be considered an ‘impossible price even when the purchaser desires only the first serial use for a special paper ; but to offer to pay 5s. per 1,000 words for rights intended (as the form of receipt subse- quently sent showed) to cover the copyright ‘which now includes dramatic rights, transla- tion rights, and cinematograph rights is, from the author’s point of view, wholly absurd. No doubt the argument on the other side would be that there are many papers that pay as low as 5s. per 1,000 words. There is no doubt that some papers do fall as low, but two ‘wrongs will never make a right. and it is rather a shock to find an old and well-estab- lished paper like the Family Herald pays such prices. It is not often that so low a figure is paid, even for the first serial use, and it is quite the exception that the copyright is purchased for so low a figure. It would be further urged no doubt that the letter was a printed form, that as amatter of fact the work proposed to be purchased was not such as could be used either in book form, or for dramatisation, and. that, therefore, the author, although the contract embraced rights of so extensive a character, lost nothing. There is really nothing in this second argument, the point being that it is for the author to decide whether or not he ares to yield these rights, even though they are not likely to bring him in anything. There is one good point in the letter quoted. The author receives it before the article is published and puts quite clearly before him what the urchaser desires for the pittance that has een offered. This is a thousand times better than the case of those magazines which give an indefinite acceptance or no acceptance at all, then publish the story or article, and, when it has been published, claim, by an endorsement on the back of the cheque, all the copyright and prevent the author from obtaining his money until the cheque 1s signed without alteration. ———_—_—__—_4+—-_+___—_—_ THE AUTHOR. 255 TRANSLATIONS. See Tue RecENT ACTION OF THE ‘‘ SocrkTE Drs Gens DE LETTRES.”’ VERY author whose works are capable of translation should take notice, and immediate notice, of the recent action of the ‘‘ Société des Gens de Lettres” respecting translations. If any one will remark that to say this is hardly necessary, seeing that all the proceedings of the great French society, the Queen of authors’ societies, are always of con- summate importance, it shall be immediately admitted that this is essentially true; but, at the seme time, it is to be feared that there are among authors, or at any rate among English authors, very many who have not realised that the “ Société des Gens de Lettres ” is not only the oldest, and by far the most powerful of all authors’ societies, but also on every occasion the first to seize the meaning of new situations and developments, and the quickest to per- ceive how they can be turned to the advantage of its members; in effect, in all cases the leading society of all societies of the same kind. Before proceeding farther, it may be well to mention, in case any reader should not be acquainted with the methods of the “‘ Société des Gens de Lettres,” that the society is not only a society for protecting the rights of its — members, but represents also a single and. most powerful agency. Its members confide their works to its care, publish through its inter- mediation, and find all their business interests most attentively watched by its officials ; whilst it at the same time enjoys a prestige so indisputable that any publisher or editor who gets his name into the black books of the society, if this expression may be used, finds his affairs in a very awkward predicament. — Some little time since the society turned its particular attention to the subject of trans- lations, and appointed a special commission to inquire into the whole question of trans- lations and royalties on and payments for translations. The ‘‘ Rapport sur la Tra- duction ” rendered to the general meeting of the society on Sunday, March 29 last, 1s published in the official organ of the society (Chronique de la Société des Gens de Lettres, Mai, 1914, Paris, Cité Rougemont, No. 10), and is well deserving of attentive perusal. A sum- mary only of it follows here ; ever, of importance 1s omitted ; nothing, how- and it will be 256 seen at once that an entirely new light has been thrown upon the whole problem of translations and of authors’ benefits to be derived from translations. Authors’ rights in translations are fixed and protected by the Berne Convention, revised and regulated by the Congress of Berlin. The exercise of these rights, on the other hand, is often qualified by arrangements and engagements with some third party, publishers becoming frequently, under various stipula- tions, co-proprietors of the rights, and having interests indissoluble from those of the authors. (Here, in France, the position of the ** Société des Gens de Lettres,’ as agent for its members, naturally comes into consideration.) Translations can be regardedin three different aspects. 1. The translation of a work in book form again in book form. 2. The translation in serial form (feuilleton) in a periodical, either of a work that has originally appeared in book form; or of one that has appeared as a serial (feuwilleton) not published in book form; or of tales, novels, articles, or poems, which have appeared in a periodical, but have not appeared in a book. 3. The reproduction of a translation, of class either 1 or 2, in a serial form. (In this case there are three different stages of publication ; the original work, its translation as first pub- lished, a reproduction of this translation in some other manner.) In reality there is another possibility, not mentioned in the society’s report. A work appears by some well-known author ; for it is only in the case of works by popular authors that the complication here considered takes place. The work is very soon published, in book form, in a translation ; first of all almost always either in French or German, and then, from this translation another translation is made. That, evidently, ought never to hap- pen. The best of translations is never any better than it should be—and often a great deal worse than it should be; but a trans- lation of a translation is an abomination for which no excuse can be pleaded. Still the things exist. At the present moment there is lying before us a Roumanian translation of Sienkiewicz’ well-known Polish novel ‘ Quo Vadis,” with the statement shamelessly printed on its title page “* Translated from the French.” Such frank admissions are indeed rare, but that in many cases what are offered as trans- lations are merely translations of translations is certain. The aberrations from the original THE AUTHOR. [JUNE, 1914. are, in many instances, such as to leave no- possibility of a doubt of a German inter} mediary. Neither can there be any possibility of a doubt that these lucubrations represent the happy hunting ground of the literary pirates of many tongues. There is probably no kind of literary production in which the producer of contraband wares is more. active. To return, however, to the French report. Up to the present authors and publishers have paid attention to translations of the first class only, either completely ignoring the second and the third, or, at the best, taking the second only into consideration quite by accident. ‘In fact, generally, and excepting only in the case of some agreements with England or with the United States, we are accustomed hitherto to sell our works purely and simply for a single payment made once for all either by translator or publisher, who afterwards makes of these works what use he pleases. ** Meanwhile the formidable development of the international Press tends to render more and more profitable to the foreign purchaser the exploitation of the complete right which he has obtained. Having become absolute proprietor (of the translating right) the foreigner is able to sell and to re-sell his translation, to publish it and to re-publish it in various forms, in volumes of various prices, in illustrated editions, in parts, to offer it for serial publica- tion, to publish it in twenty different periodi- cals, and everywhere to gather profits with both hands, whilst neither the author nor his co-proprietor has any suspicion of the con- tinuously increasing profits resulting from his having agreed to accept a single payment for his rights.” It appears, however, that some authors have been a bit more prudent, and whilst ceding rights of French translation, have reserved the rights of French serial production. Respecting which the report observes, ‘‘ We see no reasom why we should not treat our fellow-authors as: they treat us.” For the future the ‘“ Société des Gens de Lettres ” intends to support, with a firm expectation of making this mode of action triumphant, the following equitable general theory: the French author who treats with a foreign translator (publisher, editor of a journal, or individual translator) will sell for a fived sum the right to translate a work in one form strictly defined, and will explicitly reserve all the other rights, and in particular those which in any way represent reproductions of the translation. 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Ajotoos oy} vtoy ‘asamod Jo ‘ures _ UoIstAdodns FUIURUE -iod pue yous B dopun [[@—uoT}E[sUBs} oF jo suorjonpoidas poydrynut ‘sowmnyjoa ‘s.toquna ul UoT}RoTTqnd ‘szYSII [VLIos “ToYZOUR WOT} UO Susuttds ‘suoyovsupi, fo saisas @ oyUT “poyuas -oidaa A]Petouad sey S}YSM UWoryepsues} Jo [vs df} OMY IY YT “YAOAL Moy} Jo JUauuopungy oy} tWtojsuety OF ottsop OAL 9soyy Ie jo uortsodsrp oy} ye Fpos}t Soovd Azowoos oY, ,, [FI6l ‘ANOS  258 “THE LAW OF COPYRIGHT.” * +4 TYNHIS volume is a reprint of a series of articles which appeared in The Bio- scope. In the nature of things, it was not to be expected that the author, in the space at his disposal, could give more than the merest outline of the law. Nevertheless, Mr. Croasdell has succeeded in presenting a fairly concise summary of the main features of the Copyright Act of 1911, and has added a certain amount of information respecting international copyright. We gather that the articles which go to make up the work were written, in the main, for the guidance of those interested in the cinematograph industry, and, no doubt, some- thing may be said in favour of a short treatise, such as the one before us, which presents the main features of the Copyright Law as amended by Parliament. There is, however, as we have pointed out on previous occasions, great danger in con- sulting works which seek to explain so complex a subject as copyright in the limited space which Mr. Croasdell allows himself. We are glad, therefore, to observe that it is to be followed by a larger work on the same subject. Mr. Croasdell, referring to the question of titles remarks :— Copyright exists in the title of a book if such title is a new and original literary composition, for the title is part of the book, and is as much the subject of copyright as the book itself. Although a book may have been out of print several years, still the copyright may exist, and another person is not justified in adopting the title so long as the copyright continues. This statement of the law is very misleading. Practically speaking, there is no copyright in a title, though there may be a certain property acquired by user. A general statement such as the one we have quoted is sure to mislead rather than to enlighten the layman. No doubt in the larger work which has been promised Mr. Croasdell will amplify what he has said on this subject, but it is precisely because such amplification is necessary, that we feel the dangers incidental to any attempt to explain the law in the small compass chosen by the author. bite In the chapter on Copyright Abroad, Mr. Croasdell speaks of Holland and the United States of America, among other countries, as being outside the Berlin Convention, In regard to the former, the statement is in- _* “The Law of Copyright,” by W. Carlyle Croasdell, Barrister-at-Law. London: Ganes, Ltd. 85, Shaftesbury Avenue, W. , THE AUTHOR. ‘JUNE, 1914. accurate—Holland joined the Convention in November, 1912. In regard to the United States of America, the statement is inadequate, for while it is true that America is not a party to the Convention, copyright protection may be obtained in that country, and this should have been explained. ——— ¢ —~<— THE TRADE OF AN AUTHOR.* oe \7 OT the least interesting of Mr. Hope ae Moncrieff’s ‘* Reflections and_ Recol- lections,”” is the Introduction, where we get the personal note, rather lacking in the rest of the volume. This is the more welcome, as this ‘‘ author of sorts,’? as Mr. Moncrieff modestly styles himself, has always been a determined opponent of publicity. Indeed, we would prefer more recollections and less reflections. The earlier chapters, which deal with a general history of authorship, the making of the author, his genesis and development, show traces of wide reading and a remarkable insight into the varied conditions of the literary ‘ife. The author’s genial personality is constantly reflected in the autobiographical portion of the book and in his tolerant and good-humoured reference to the eccentricities and shortcomings of certain well-known authors—a_ pleasing contrast to the mordant and cynical comments on contemporary writers in several popular books of reminiscences recently published. The book is not over-laden with anecdotes and good stories, but the few that are given are new and full of point. There is one of a cele- brated author who had had an unsatisfactory interview with two of the partners in a well- known New York firm of publishers. He had left them in high dudgeon, but before he had reached the corner of the block, he was accosted by a stranger who told him that he had seen the wrong man—that he had interviewed the literary partner and the financial member of the firm. ‘* You should have come to me first ; Tam the drinking partner!” Ultimately they both came to an harmonious understanding. Under the well-known pseudonym, Ascott R. Hope, the author has a high reputation as a writer of sound and wholesome stories of school life and adventure for boys, and with the late George Henty he stood at the top of the tree in this kind of fiction. * “ A Book about Authors: Reflections and Recollec- tions of a Bookwright.” By A. R. Hope Monerieff. 10s. net. A. & C. Black. 1914.  JUNE, 1914.] His stories of school -life, which” show a remarkable insight into boy nature, though well known and popular, have not, however, attained such success as they deserve. But the writer is, no doubt, handicapped through con- fining himself almost exclusively to studies of life at grammar schools and what are known as private schools, and ignoring the more popular field offered by the public schools and those public schools in miniature—the preparatory schools. Then too, Ascott R. Hope’s school-boy rather lacks modernity, especially as regards school-boy slang—his boys, indeed, talk too correctly. Perhaps this accounts for the fact that, though many of his books have reached several editions, he cannot claim one great out-standing success like his rivals, Desmond Coke or Ian Hay. In an instructive chapter on publishers, the unbusinesslike methods of some firms is humorously indicated by the following epi- sode. A publisher, “ who long somehow escaped bankruptcy,” happened to be travel- ling by the same train as our author. ‘* Guess- ing that the likes of him would travel first, I took a third-class ticket, and walked slowly along the train. Sure enough, he sat in state, where he graciously invited me to join him. ‘No,’ said I, * You can travel first-class ; I pay my debts.’ ” In the course of some good-humoured strictures on editors and their ways, in con- nection with one who wanted to commission him to write a school history of Europe, which should make no mention of the Reformation, he tells an anecdote of Leo XIII.. which is new to us. He had given a celebrated historian access to the archives in the Vatican Library, but impressed upon him that he need not feel restricted in the use he made of them, and added slily, ‘‘ There are some good people who would like to edit the Scriptures, cutting out the story of Peter and the cock, for instance, lest it should bring discredit on the Holy See)” The author holds rather pessimistic views of present-day literary criticism. The Early Victorian sledge-hammer methods of censure have had their day, and are apt to be replaced either by indiscriminate eulogy or tame and colourless criticism. With books, as with the stage, the public is more and more inclined to be its own critic, and our author asks with reason, Is the plebiscite of the readers a better guide than its professed counsellors ? Who shall say ? : On the question of press criticism, Mr. Mon- crieff is uncompromisingly severe. To prove the contradictory character of reviews he THER AUTHOR. 259 devotes a page to a selection of favourable and unfavourable criticisms of the same book. But this method of the “‘ deadly parallel,” to show the futility of press criticism, is, however, mis- leading. It assumes that the exaggeratcd encomiums of the Mudford Mercury are of «qual value to the author and publisher as the few lines of guarded approval in the Times or Atheneum. Among Mr. Moncrieff’s excursions in. the various ficlds of literary enterprise, perhaps his most notable success has been in topography. A marked feature of his guide-books and topo- graphical works is their literary distinction—a feature which frees them from the reproach of not being literature—from which this class of book usually suffers. In ‘“ London” for instance, the following illumining speculation on London in posse is worth quoting as a vivid piece of word- painting :— “Are there children now elive whose bleared eyes may see London shrunk to its old bounds, perhaps huddled on some choice site like the heights of Highgate and Hampstead— which, according to Mother Shipton’s prophecy shoald become its centre—when for leagues, as about the walls of Delhi or Pekin, the open country will be dotted with ruined temples and towers, round the broken dome on Ludgate Hill, standing up in solitary state like the Kutub Minar? Can it ever come to lie squalidly deserted for a new city, rebuilt by some conqueror, as at Bokhara and Samarcand? Are there generations yet unborn to whom this capital will be a show, like ~ hundred-gated Thebes,’ a quarry of antiquities like Nineveh, or Knossos, a mystery like the Cambodian Angkhor, or the Bolivian Tiahuanaco, an over- grown wilderness like the buried ruins of Yucatan ? ” Probably the most enduring of Mr. Mon- crieff’s works is that by which he is least known to English readers. This is a monumental geographical work of reference in six volumes, called ‘‘ The World of To-day,’’ which gives a popular survey of the present-day geographical, historical, political, social and economic con- ditions of all the countries of the world. In- deed, the author of this colossal compendium of geography might almost be described as a twentieth century Reclus. The book ends with a note of encouragement to his fellow-craftsmen, and an impressive and dignified Vale to the reader. ‘‘ On coming to add up my account, I find a balance on the right side. I have lived my life; I a spoken my mind; I have done what I could,  ‘260 in a world where at the best we are all but un- profitable servants.” “By diligently plying the pen rather than the sword or the plough, one may have more surely helped to turn the wilderness of life into a garden. If one have taken pains not to let one’s tool go rusty; if one have never prosti- tuted it to base uses; if one have cared to be an honest hireling in this day’s work; if one be aware of having given pleasure to some, of having sought to work harm to none, these are the things that should not make death terrible to an author who, like the silent many, must look to be forgotten ; yet what good or ill he could do for his generation will not die in the lives of men.” KH. A. R. B. BOOK-PRICES CURRENT.* to ry NUE first three numbers of the new volume of Book-Prices Current are lying before us, numbers as full as ever of interesting matter, presenting once more the insoluble problem of how any notice is to do justice to a publication of this kind. The modern reader of the notice of a book expects from the reviewer something more than an honest state- ment of how the work which the volume con- tains has been done; the reader wishes to know something about the book, something which will enable him to talk about it—without having read it; and how is any reviewer to enable a man to do that when the very essence and merit of the work lying before him is that it consists of hundreds of minutely accurate notes of various volumes, the excellence of the work and its interest being wholly in the minuteness of its details? Indeed, we will freely admit that our custom of selecting a few items for note, which we shall again do pre- sently, is really indefensible. In almost every vase not the books which anyone may happen to select, but very many others, are just those whose mention would be interesting to a reader of the periodical. All the books in the world cannot have a meaning for any one individual, any more than all the words in the world can have a meaning for him. Each real lover of books will be interested in his own specialities, and not at all interested in anything else ; for which reason the book-lover ought to read Book-Prices Current for himself; and will in * “Book-Prices Current.’ Volume XXVIII, Nos. 1 2,3. London: Elliot Stock, 1914, : THER AUTHOR. [JUNE, 1914. all cases find his pains well rewarded by information that he will not be able to gather anywhere else. We have said this more than once; and still fear that the periodical does not find its place even in the libraries of all public institutions, nor even in the libraries of all literary institutions ; though it is certain that no public library ought to be without it. Since the beginning of the new volume a new arrangement of the contents has been adopted. The books are no longer catalogued under the headings of the different sales; but each number displays all the books mentioned in it in one alphabetical arrangement. A good deal is to be said for this. Any single book is more easily found, and different copies of the same book come into juxtaposition. The last par- ticular is a distinct advantage. The whole is also more easily used as a book of reference— or at least the whole of each single number. What form the index which ends the number concluding the year is to take we cannot tell until that number reaches our hands. Still, on the whole, we think that it must be granted that the new arrangement is more convenient for ordinary purposes ; though we must confess to a regret at the loss of the distinctly picturesque presentment of the several libraries grouped one by one. Some- thing there was of interest, not altogether purely sentimental, and in some ways very real, in the perspective, if the term may be used, of the different collections of books ; perhaps because the tastes of the collector peeped out from among them ; perhaps because the books themselves, that had sometimes been so long together, had the appearance of a grave symposium which the auctioneer’s hammer was, alas, to scatter, so that they could never come together again. The breaking up of a library is the undoing of a thing that had organic life for the brain that created it. So whilst we admit again, we admit it with the Oriental proverb, ‘“‘ There is no advantage without a disadvantage.” Our own task of selecting a few volumes for mention—which we have already admitted cannot be defended—has also become more difficult. It is no longer possible to say, ‘“* Look at the sale of this library or that for books of such and such kinds.’”? The books have succumbed to the tyranny of the alpha- bet. And so there is all the more reason why the book-lover should read Book-Prices Current for himself. He, indeed, will find his favourite authors more easily than before; so be it hoped that he may be the more disposed to read,  laa ib. if JUNE, 1914.) : Among the greatest rarities are the follow- ing :— Byron, ‘ English Reviewers,” fifth edition, original boards, uneut. The only copy known. The edition was suppressed by Lord Byron, and every copy ordered to be burnt before publication. The title page, preface, and postscript found in this copy are not found in the two or three copies of the fifth edition with a fourth edition title page. It seems surprising that the work should not have fetched more than £12. A first folio of Shakespeare—last two pages of ‘‘ Cymbeline ” in facsimile—probably unique in having the “ Tragedy of Troilus and Cres- sida’ regularly and correctly paged through- out. This was sold in one lot with three other folio Shakespeares—1632, 1664, and 1685 respectively—for £1,200. Richardson. A collection of the first edition of his works. ‘‘ Pamela,” 1741—42; “‘ Cla- rissa,” 1748; ‘‘ Grandison,”’ 1754, and ‘“‘ The Correspondence of S. Richardson,” by A. L. Barbould, 1804. The twenty-four volumes fetched £96. Records of sales of various works of Thackeray’s are numerous. Amongst them will attract particular interest— Thackeray, Autograph MS. of Lecture on Jonathan Swift, twenty-one pages written by Thackeray, and thirty-two by his daughter, Anne Thackeray Ritchie, with numerous cor- rections by Thackeray. $1,700. Still more interesting is the only known copy of “The Whitey-Brown Paper Magazine ” by Thackeray, lithographed. The mention of this strange periodical is accompanied by an explanatory note. $23,000. Books certainly have their fashions as well as their fates; and it is curious to place the following two sales side by side. : E. Fitzgerald, “‘ Omar Khayyam,” second edition in original wrapper. 1868. £12 10s. Sophocles, “* Edito Princeps,’’ Venice, Aldus, 1502. £11. From which it would be easy to deduce— well, too many different things to be set down here. ‘ Mark T'wain’s autograph MS. of “A Yankee at the Court of King Arthur,” 1889, sold for £100. : Meredith, ‘‘ Diana of the Crossways,” first edition, 3 vols., cloth, 1885, sold for £2 6s., and those who have in their libraries copies of the old three-volume novels, which Mudie no longer circulates, may easily possess works that are worth money. : her work of Meredith’s Bards and _ Scotch THE AUTHOR. 26r may be quoted, as evidence that when authors present their works to friends they should write their names in them. It makes a good deal of difference in the money value of the present. Meredith, “The Shaving of Shag- pat,” first edition, 1886, with author's inserip= tion, £19; although the original cloth binding- was cracked and the half-title torn. a ee i —2-+ + © ia ———__ CORRESPONDENCE. —+—<—+ MacazZInE Payments. Dear Sir,—I was very much pleased to see in last month’s Author, under the above title, an exposition of the effrontery manifested by some unprincipled ‘‘ MSS. snatchers.” The writer leads us to suppose that these literary ghouls occupied chairs of distinction; this, of course, is an all-important consideration. Presuming this to be the case, I feel sure that a strongly-worded letter to the owners of the publication would have received attention and ultimately brought forth a statement to the effect, “* We regret that your contribu- tion entitled -—— published in our issue was erroneously underpaid, through a clerical error, and we have much pleasure in enclosing cheque value £—— to cover the deficiency. Regretting the error, ete.” Another case that I recall with great readiness was that of a very respectable 6d. monthly (not an English publication) that underpaid me by several shillings; the editor, upon having his attention drawn to the deficiency (not by the proprietors, however), promised to add the amount on to the next cheque. Six “next cheques’ have come and gone since: then, but no increase has been apparent. The editorial memory is exceedingly defective: upon such issues, and I have not the slightest doubt that the incident has long ago passed into the sub-conscious portion of it. If the cditor should see this letter, doubtless he will gladly add the amount to the neat cheque. Jpon still another oceasion a very experl- enced friend of mine (an old editor) told me that he found the best plan was to return the cheque with a covering note politely intimating that the amount 1s insufficient. This pe apparently causes the editor to be stung . i : he hastens to write out a fresh cheque. f ‘ ass of editor I forbear to oubtful whether I could with the aid of any Of the other cl speak, indeed, it 1s d really do them justice,  262 printable words. These creatures trade upon the credulity of the inexperienced author, and are usually so bad that in many cases they reap their own reward, or at least the two very worst cases that came within my ken did. One rapscallion to whom I had sold some “ stuff’? arranged to pay for it on the instalment plan, which he did until he reached the third or fourth instalment (I forget which). He then heard rumours of absence in a far country, and promptly ceased to continue the pay- ments; no doubt he thought I had left the country for good, and, that, even if he did send it on, I should not be able to spend it. However, a little later the secretary of the Society relieved him of any doubts he may have entertained, by requesting him to send the rest of the monies to the secretarial depart- ment. This so scared him that he sent the remainder toute « coup. Haroup Ucrus. — <4 REAL EDITIONS. ‘ Srr,—On the question of “editions” as against a statement of the number of copies of a book issued, your correspondent may be interested in the letter of Jared Sparks printed in ‘George Palmer Putnam, a Memoir,” published by G. P. Putnam’s Sons, 1912, pp. 55 and 56. The writer says ‘ Prescott and Bancroft publish what are called ‘ editions,’ 500 each. They think there is some advantage in it, although where there are stereotype plates, one can hardly see the propriety of calling each impression a new edition.” Earlier in the letter he had given figures with regard to Washington’s writings. Yours faithfully, E. A. ARMSTRONG. — ++ A QUESTION AS TO PAPER. DrEar Sir,—A work of mine—published about a year ago—is printed on very thick, soft paper, which seems to me likely to be the sort that does not last. The paged proofs were printed on thin paper, which, apparently, is of much better quality. Bound up they make a book little more than half the bulk of those issued to the public; but I care nothing for bulk if the work is not to be lasting. Would some reader kindly tell me how I may know good, that is durable, paper from bad, THE AUTHOR. {JUNE, 1914. and what would, approximately, be the differ- ence in cost between the one and the other. The book in question is demy 8vo and consists of 360 pages. Cuaries F. Moxon. Sea peelings U.S.A. Puay Piracy. Dear Sir,—My attention has just been drawn to a paragraph in the May number of The Author referring to the piracy in New York of ‘“‘ La Petite Fille,’ under the title of “A Pair of White Gloves.” I shall be obliged by your publishing an immediate contradiction of the statement con- tained in this paragraph, to the effect that I prevented the authors, or the Société des Auteurs Dramatiques from benefiting from the unauthorised production at the Princess’s Theatre. The production was stopped at the instance of the Société des Auteurs Drama- tiques, acting for the authors, and the option I hold was only concerned so far as to make my consent to their action necessary. I am not, and have never been, a ‘‘ dramatic agent,” and am surprised that the editor of The Author should pass a paragraph oppro- briously mentioning a member of the Society of Authors without first submitting the con- tents to him. I have repeatedly tried to learn the particulars of the production of the play and the result of the French society’s action from the secretary of the Society of Authors, but so far without the slightest result. Your obedient servant, Joun PoLiock. [We gladly publish this letter, though we cannot admit that any opprobrious mention was made of the writer in the paragraph referred to, which was quoted from the United States Publisher's Weekly.]| a NovELISTS AND THE HosprraLs. Dear Sir,—Has it ever been suggested before that it would be a good plan if novelists and publishers sent proofs of novels to the fever hospitals for the amusement of patients and nurses? There are stages in illness when fiction is a good tonic and the last stage for these infectious sheets would, of course, be the fire. I see no harm that could come from this suggestion, if novelists will take it, and the corrections on the proofs would only add to the amusement and interest. Yours faithfully, A NOVELIST. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Author, Vol. 24 Issue 09 (June 1914) Subject The topic of the resource <em>The Author</em>, Vol. 24 Issue 09 (June 1914) Type The nature or genre of the resource Publication Identifier An unambiguous reference to the resource within a given context 1914-06-02-The-Author-24-9 publications The Author https://www.historysoa.com/files/original/5/542/1914-07-01-The-Author-24-10.pdf ab6d3756098e3dcdac31186773877934 PDF Text Text ������������������������������������ Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Author Subject The topic of the resource <em>The Author</em> Description An account of the resource 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=&amp;advanced%5B0%5D%5Bjoiner%5D=and&amp;advanced%5B0%5D%5Belement_id%5D=51&amp;advanced%5B0%5D%5Btype%5D=is+exactly&amp;advanced%5B0%5D%5Bterms%5D=Index&amp;collection=&amp;type=&amp;tags=&amp;exhibit=&amp;date_search_term=&amp;submit_search=Search+For+Items&amp;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. Date A point or period of time associated with an event in the lifecycle of the resource 1890–1914 Identifier An unambiguous reference to the resource within a given context The-Author-Issues Publication Date The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format) 1914-07-01 Volume 24 Issue 10 Pages Page range in volume 263–290 Ngram Date Version of the date in YYYYMMDD format for use by the Ngram plugin 19140701 Ngram Text Version of the text with no HTML formatting for use by the Ngram plugin The Huthbor. Notices... S a ee is ne ae ar 268 The Pension Fund Council Meetings Committee Notes aa ese Books published by Members ‘ he Literary, Dramatic and Musical Notes ... Paris Notes The Criticism of Fiction Magazine Contents Warnings to the Producers of Books Warnings to Dramatic Authors... ae i Registration of Scenarios and Original Plays (The Organ of the Incorporated Society of Authors, Playwrights and Composers. Monthly.) Vou. XXIV.—No. 10. vay : oe CONTENTS. PAGE | os x Dramatic Authors and Agents The Society's Funds . | Warnings to Musical Gore covers 553 cs Stamping Music ‘ Bee ie The Reading Branch . Remittances as x Collection Bureau : General Notes ... se oe ee ues ee ae Be The Last of the Pre -Raphaclites, Theodore Watts- Dunton, 1832—1914 Pees oe ee ook ae Bs United States Notes Are Novels Too Cheap ? j Matilde Serao ... og ae se | Memories of My Youth, 1844—1865 | J. M. Synge oe oe ao | Correspondence Chappell v. Columbia Gramophone Co. The Sixteenth Congres International de Presse How to Use the Society [Prick SIXPENcE. From HEATH, CRANTON & Co:’s LIST. Second Edition, with a Preface by DR. OSCAR LEVY. | Ready Shortly. The Philosophy of Nietzsche. Christ and the Powers of _G. CHATTERTON-HILL, Ph.D. 7s 6dy net. Darkness. co. ss Third Edition. Illustrated. __J.GODF REY RAUPERT, K.S.G. 3s. Gd. net. Vincent de Paul (Priest and Capitals of the Northlands. Philanthropist). E. K. SANDERS. IAN ©. HANNAH, M.A., with 22 a ee and 4 Plans. s, net. Cathol $< q pas Antiquary.—“ Mr. Hannah's pages well repay the reading,” a olic Democracy an 55 a a Tied. = ae : Just Ready. Illustrated. Mather: HENRY DAY, SJ. | eee z a eo, | te Eeolution of the Ome” eee a ce, Games. _ £. A. M. WEBSTER, 6s. net. : . Sip A. CONAN DOYLE has written an important 1 THE DUKE OF SOMERSET (as Chair- British Review.—'* Done well and with much force. ___ Pall Mall Gazette.—“ Irresistible reasoning.” ees Preface, an The Cor ex Laudianus ([ Wordsworth’s man of the British Olympic Council) a striking O2]) of the Epistles of St. Paul. Numbered Laud. Introduction to this Book. Lat. 108 in the Bodleian Library at Oxford. Now Just Ready. Illustrated. first Edited with 4 Collotype Facsimiles. Bori. E. 8. BUCHANAN, M.A, Be. 12s. 6d. net. bee Bae oy oe and Demon-dancing in Feuds of the Furtive Folk. West and North Africa. Major A. J.N.TREMEARNE, F. ST. MARS. Author of “ On Nature’s Trail,” &c. M.A., Dip. Anth. (Cantab.) F R.GS., E RAL Aut hor Illustrated. Se.nct. | of” The Tailed Head-Hunters of Nigeria, etc. : Spectator.—“ This talented author's best book.” Se aS. ney IES AND BOOKSELLERS. (3s. 6d. net.) “6s. FICTION. AT ALL LIBRAR ae : Literary World,—‘ This is Miss Openshaw’s best novel.” Morning Post-—"There is no lack of colour, and every DOROTHE F ROMN EY MARSH. student of human nature will read it with interest.” . oo ALICE CUNNINGHAME. PHOEBE MAROON. MARY RAPHAEL. he Mall Gazette. — Will not be put down until the ends Daily Express.—< We recommend it heartily.” -sieinosina 1 HUGHES.GIBB. BERT RAY: E. : THE STRENGTH OF A one WHITE ee There are not be many Git AP dae ; i aa ‘a yor. 1 the author is to be thanked for her v van ace lovable soul.” is rung down.” SINK RED SUN. JESSIE E. LIVESAY. H. W. W ESTBROOK anc WRE D SN berddeer urnal,— We heartily recommend this high] I ¢ 2 Journal, e heartily 0 1 LA RENCE GROSS MITH. Ab y Granta.— The Book is full of good things.” SEND FOR COMPLETE LIST, HEATH, CRANTON & OUSELEY, Ltd., Fleet Lane, LONDON.  ADVERTISEMENTS. The Yucorporated Hoctety of Authors, Playwrights and Composers. Telegraphic Address: ‘‘ AUTORIDAD, VIC., LONDON.” Telephone No. : 374 Victoria. PRESIDENT. THOMAS PLA DY. © a: Sirk ROBERT ANDERSON, K.C.B. THE RiegHT Hon. A. J. BALFourR, PC, MP. Siz’ JAMES BARRIE, BART. Siz ALFRED BATEMAN, K.C.M,G, ROBERT BATEMAN, F. E. BEDDARD, F.R.S. Mrs. BELLOC-LOWNDES. THE RIGHT HON. AUGUSTINE BIR- RELL, P.C. THE Rev. Pror, BONNEY, F.R.S, ROBERT BRIDGES. THE Rieut Hon. THE VISCOUNT JAMES Bryog, P.C., O.M. THE Rieut Hon. THE LorpD BuRGH- CLERE, P.C, HALL CAINE, J. W. Comyns Carr, R. C. CARTON. EGERTON CastTLe, F.8.A. EpwarpD CLopp, W. Morris Couues., THE Hon. JOHN COLLIER, Sin W. MARTIN Conway. COUNCIL. Miss MARIE CORELLI. THE RiGHT HON. THE EARL CURZON, G.C.8.I. AUSTIN DOBSON, Sirk ARTHUR CONAN DOYLE, Str EDWARD ELGAR, O.M. DOUGLAS FRESHFIELD, CHARLES GARVICE. 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MOFFATT. 2/6-net. Contains many patriotic pieces, as well as verses of personal experience and reminiscence. POEMS. By LADY F, LAYLAND-BARRATT. 2/6 net. “She is sure of a welcome in all those’homes where verse is read for the sake of the message it brings and the principles it upholds.”"—Westminster Gazette, POEMS. By INA M. STENNING. 2/6 net. “The author's singular gift for clothing her thoughts in simple sentences, of phrases exactly apt, which seem to run inevitably into graceful metre.” — Times. ——>—_— SIMPKIN, MARSHALL, HAMILTON, KENT & CO, LTD. Mr. FORBES DAWSON (Member of the Incorporated Society of Authors) An Actor of over 25 years experience in every class of theatre, character | and play, a producer and author of | Plays acted in England and America, and with a thorough knowledge of PLAY CONSTRUCTION AND STAGE CRAFT, Draws out Scenarios of Plays from Novels for Authors to work upon, and Advises during the progress of that work. Also undertakes the entire Dramatisation of Stories and GIVES PRACTICAL ADVICE ON PLAYS. NO READING FEE. 23, Midmoor Road, Wimbledon, 8.W. pt. ee ee NOTICES. —— +--+ HH: the opinions expressed in papers that : are signed or initialled the authors alone are responsible. None of the papers or paragraphs must be taken as expressing the opinion of the Committee unless such is especially stated to be the case. Tue 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 motice 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. Tur 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, 1, Cen- tral Buildings, Tothill Street, Westminster, S.W., and should: reach the Editor not later than the 21st of each month. 8. Communications and letters are invited by the Editor on all literary matters treated from Vou XXIV.  JULY, 1914.] 1914. Jan. 7, Ford, Miss May Jan. 7, Sephton, J. Jan. 16, Singer, I. : Jan. 16, Cooke, Arthur O. Jan. 23, Exley, Miss M. : Jan. 26, Sarawak, The Ranee of Mar. 11, Dowson, Oscar F. April 8, Stoeving, Paul April 14, Buckle, Gerard, F. April 14, Grattan, Harry April 17, Rubenstein, H. F. . April 20, Anon. . : : : April 25, Stacpoole, Mrs. de Vere . May 1, Miigge, Maximilian A. May 7, Davies, Miss Mary May 8, Simon, Andre L. May 8, Deutsch, H. . : May 9, Campbell, Miss E. Hope May 12, Lardner, E. G. D. May 29, Beesley, George J. . 19138. Donations. Oct. 7, Darwin, Sir Francis . : Oct. 9, Carroll, Sydney Wentworth Oct. 21, Troubetzkoy, The Princess Oct. 27, Frankish, Harold : Oct. 30, Rosman, Miss Alice Grant Nov. Nov. Nov. Nov. Nov. Dec. Dec. Dec. Dec. 8, Holland, Theodore 8, Steane, Bruce ;: 3, Batty, Mrs. Braithwaite 10, Elrington, Miss Helen 10, Waterbury, Mrs. . 3 5, Dymock, R. G. Vaughton . 6, Macdonald, Miss Julia 11, Little, Mrs. Archibald 11, Topham, Miss Ann . Dec. 20, Edwards, Percy J. - Dec. 21, Keating, J. Lloyd 1914. Jan. 8, Church, Sir Arthur Jan. 5, Anon : . Jan. 5, Joseph, L. y Jan. 5, Swan, Miss Myra Jan. 5, Vernede, R. E. ae Jan. 6, De Crespigny, Mrs. Champion Jan. 6, Rankin, Miss F. M. . p Jan. 7, Sneyd-Kynnesley, E. M. Jan. 7, Lathbury, Miss Eva . Jan. 7, Toplis, Miss Grace Jan. 8, Palmer, G. Molyneaux Jan. 9, Mackenzie, Miss J. Jan. 10, Daniell, Mrs. E. H.. Jan. 12, Avery, Harold Jan. 12, Douglas, Mrs. F. A. Jan. 15, Pullein, Miss Catherine Jan. 15, Thomas, Mrs. Fanny Jan. 16, James, Mrs. Romane | S eceecooocoooooooceococr Crmrocooocoocooooooooor, oco —_ ececeorroocooooreo — OOS Or OL — a ao anne ooonoce _ = o Onno oneFK Ow ooa1oo oO — nd Reon anooarnannownrowmn und = _ anccocooncooonococoocoococo® ceocoaoacacoeooooaoacoo ecoocoooocaooocecoe ane THE AUTHOR. Jan. Jan. Jan. Jan. Jan. 19, P. H. and M. K. 19, Greenstreet, W. J. . 19, Gibbs, F. Leonard A. : 23, Campbell, Mrs. L. A. R. . 23, Cameron, Mrs. Charlotte, F.R.GS. . : 28, Blunt, Reginald i 24, Raphael, Mrs. Mary. 25, Plouman, Miss Mary 30, Gibson, Miss L. S. . 5, Brooker, Lt.-Col. E. P. 6, Buchrose, J. E. 7, Smith, Herbert W. 20, Eden Guy : : 21, Mayne, Miss Ethel bourn : 21K. : s 25, Aspinall, Algernon 2, Dalziell, J. 2 SFG, . ‘ 5, Saies, Mrs. F. H. : 5, Thorne, Mrs. Isabel . 5, Haviland, Miss M. D. 5, Todd, Miss Margaret, 13, Cabourn, John ; Mar. 20, Fenwick Miss S. F.. : Mar. 26, Prendergast, Mrs. J. W. . May 6, Ward, W. J. . ; : May 7, Crosse, Gordon. : : May 8, Williamson, Cc. N. and Mrs. C. N. j ; ; ; ' May 21, Colebroke, Miss H. E. May 21, Munro, Neil . : May 21, O'Higgins, Harvey May 25, Broadbent, D. R. May 27, Hallam, F. V. June 6, Blake, Miss Agnes June 6, Peacock, Mrs. F. M. June 9, Schleussner, Miss Ellie. June 10, Jones, Miss Mary Whit- more : : June 17, Muir Ward SCOSOKH —_ NAoan? cacof Jan. Jan. Jan. Jan. Feb. Feb. Feb. Feb. Feb. CoOrroocoorrFe _ Ao ON Oo He cooooaccoe Col- Feb. Feb. Mar. Mar. Mar. Mar. Mar. Mar. Mar. E. M.D. tt OL OO S OOH! OV OL OO DO OF ecoocooroocornNrNoscso _ OW SO OM © et © Or _ acocecoenooce Smaocegeoccocoeooceco SCWrH OF OF Ou — eo _ eK oO oo —_—____+—> + ______ COUNCIL MEETINGS. oe T the suggestion of the Composers’ A Committee the Committee of Manage- ment decided to change the name of the Society from the Society of Authors (Incor- porated) to the Incorporated Society of Authors, iohts and Composers. : Pe eraingly) onder the clauses of the Com- panies Acts, an extraordinary general mecting  266 of the company was held on May 4, 1914, when the following resolution was passed :— “That the name of the company be changed to the Incorporated Socicty of Authors, Play- wrights and Composers.” The second mecting necessary to confirm this resolution was held on Monday, May 25, when the resolution passed at the previous mecting was duly confirmed. —————__+—~<+>__ COMMITTEE NOTES. — 1 — WING to the fact that the first Monday in June fell on Whit Monday, the June meeting of the committee was held on Monday, May 25, at the Society’s offices. Twenty-five members and associates were elected, bringing the total elections for the current year up to the satisfactory figure of 195. Three further resignations had to be added to the list, bringing the total resignations up to seventy-two. The solicitor then put before the committee the cases he had dealt with during the month. In three cases, two against a magazine and a third for non-payment of theatrical dues, the solicitor reported that the matters had been settled by the payment of the debt and costs. A dispute arising out of non-publication of a book had now been satisfactorily settled, as under an order of. the Court the book had been published and the costs paid. In a case of dispute between one of the members and a cinematograph reproducer, the matter had been settled as far as England was concerned ; but, as the company’s main business was in France, the solicitor had made a full statement which had been forwarded to the lawyer of the Society in Paris with instructions to take action if necessary. A question of alleged infringement of dramatic copyright had been settled, as the party against whom the com- plaint was made was able to show that the member’s rights had not really been tampered with. The solicitor gave his report in a case of dispute between a member and a publisher, and the committee instructed the secretary to send a statement of the conclusion arrived at to the publisher and to the member. The next point arose out of a question raised by one of the members as to the acceptance or non-acceptance of articles sent to reviews. The solicitor gave his legal opinion, confirming the view already expressed by the secretary, and the secretary was instructed to write to THE AUTHOR. [JULY, 1914. the member concerned indicating the line the committee were willing to adopt in the matter. The secretary then reported certain cases he had been dealing with during the month. A question relating to copyright infringement in Canada was adjourned for further information. The secretary reported that immediate action had been taken, with the sanction of the chair— man, in a case arising in the United States under a dramatic contract. The authority given by the chairman was confirmed. In another case of dispute between one of the members of the Society, which was in the hands. of the member’s own solicitor, the solicitor appeared before the committee and explained the circumstances. The committee indicated the lines along which, in their view, a possible settlement might be negotiated. In a case of infringement in Denmark, which depended: upon the intricacies of international law, it was decided to obtain the opinion of the Society’s Danish lawyer. In a dispute respecting a dramatic contract it was decided to adjourn the matter for further information. It was decided to take up on behalf of the, member a claim in connection with the pay- ment of mechanical instrument fees. It was. decided to request the solicitors of the Society to make inquiries of a cinematograph firm respecting the rights of one of the members. The committee decided to investigate the accounts of a company engaged in the market-- ing of a film of one of the members. The secretary then laid before the com- mittee a letter received from the Kinemato- graph Educational Association, in which the committee were asked to nominate a repre- sentative to serve on the council of that body. Mr. Bernard Shaw was appointed to represent the Society of Authors, and the committee. instructed the secretary to communicate accordingly with the chairman of the associa- tion. Owing to the enormous increase of cinemato- graph representations, and the importance of. this new industry to members of the Society, whether dramatic authors, novelists or other writers, at the suggestion of the Dramatic. Sub-Committee the Committee of Management . agreed to the formation of a separate sub- committee to deal with cinematograph matters. It was agreed to invite the Dramatic Sub- Committee to nominate candidates for the consideration of the Committec of Management. The difficulties which had arisen owing to. the present situation in Canada in regard to imperial copyright were mentioned by the  JULY, 1914.] ssecretary, and it was decided to obtain a memorandum from counsel setting out, in detail, the present difficulties and a possible remedy, which memorandum was to be placed in the hands of influential parties in Canada to ‘use when occasion should arise. The question of foreign lawyers appointed by the Society to hold powers of attorney was adjourned. An important matter dealing with the forms of receipts and endorsements on cheques raised by members of the Society, in regard to contributions to a well-known weekly journal, was considered. It was understood that the -editor would be ready to consider any reason- able form suggested by the committee, and the secretary was instructed to refer the matter to the Society’s solicitors in order that such a form might be drafted. A letter from the secretary of a well-known publishing house was laid before the com- mittee, and the secretary of the Society was instructed to make an appointment to see the secretary of the publishing house to discuss matters between that house and the Society. A letter from the National Union of Book- binders was laid before the committee, and the ‘secretary was instructed to reply. In a matter referring to the advertisements in The Author, it was decided to instruct the Society’s lawyers. a Dramatic SuB-COMMITTEE. Tur June mecting of the Dramatic Sub- Committee—the last before the vacation— was held on the 19th at the offices of the Society, at three o’clock in the afternoon. ‘The minutes of the previous meeting were read and signed. The question of agents, which came up again for discussion, was adjourned again till the autumn, and the ‘question of the special agency contract was also adjourned, as the sub-committee was unable to get through the clauses before the end of the meeting. The secretary also made a report in regard to American agents generally. The nomination of candidates to serve on the. Cinematograph Sub-Committee had been left by the Committee of Management to the Dramatic Sub-Committee, and that body agreed upon a list of possible members. This list will be submitted to the Committee of Management in due course. oS : The question of establishing a special fighting fund for the fighting of dramatic cases was, owing to the absence of members of the THE AUTHOR. 267 sub-committee specially interested, adjourned till the autumn. The secretary then laid before the sub-com- mittee facts referring to the collection of fees due on an English play produced in Paris, and the question of the power of attorney which the Société des Auteurs et Compositeurs Dramatiques had asked the member to sign before consenting to pay over the amount collected. The secretary pointed out that there were certain circumstances which made it impossible for the member to sign the power, and that the French society had refused to pay over the money due until the power was signed. The matter was referred to the Committee of Management with the suggestion that an official letter should be written to the Société des Auteurs et Compositeurs Dramatiques. The present position of the Managerial Treaty was considered, and certain steps were decided upon in order to try and get the matter through by the autumn. The secretary was instructed to report to the next meeting. The consideration of a play production contract was also adjourned. The secretary reported the following cases : (1) A case of copyright infringement in Canada. He was instructed to obtain the fullest information from the Canadian lawyers, so that, if possible, action should be taken to stop the general infringement which was proceeding throughout the Dominion : (2) and (3) cases of collection of fees which were over- due. The sub-committee confirmed the sanc- tion of the chairman which had been giver during the past month. The chairman was then granted full powers to act during the vacation on behalf of the committee in cases of urgent necessity. 1 Composers’ SUB-COMMITTEE. Tur June meeting of the Composers’ Sub-Committee took place at the Society’s office on Saturday, June 6. After the minutes of the previous meeting had, been read the seeretary drew the sub-committee’s attention to a paragraph that had appeared in one of the American papers dealing with a combina- tion which had been formed in America for the purpose of obtaining satisfactory payment to composers from performing rights. He further drew the attention of the sub-committee to the prospectus of the Performing Rights Socicty, Ltd., which had been sent to various members of the Society of Authors, The  268 details of the document were very carefully considered and discussed as, also, a letter which had been received by some members of the Society from a publishing firm referring to the same company. In addition to many minor points, the chief objection to the new society was that the composer placed himself entirely in the society’s hands as to the people with whom contracts should be made for per- forming rights, and the amounts to be paid for these rights. Finally, there was no clear statement as to the charge that would be made for collection of the fees. After careful consideration a course to be taken by the sub-committee to warn composers was agreed upon. Correspondence which had taken place between the secretary and a member of a big publishing firm in regard to some important points of contract was then read. The next question that arose had reference to accounts. The secretary reported that in a case where a publisher had been sharing mechanical instrument fees with a composer, the publisher had deducted the commission charged by his agents for collection. This deduction the member had repudiated and the committee were taking action. It was decided also, where on the collection of fees indefinite charges were made for such collection, to investigate any accounts that should be rendered, so that the method of collection might be fully established for the benefit of composers. In another case of accounts which came before the sub-committee, it was decided to recommend the Committee of Management to authorise an accountant to investigate the firm’s books. : In a question arising from the use of words for songs, the sub-committee approved the action of the secretary acting on behalf of the authors concerned. The secretary then drew the attention of the sub-committee to the increase in royalties under clause 19 of the Act, on and after July 1, 1914, and warned composers of some of the difficulties that might arise in this connection. The attention of the sub-committee was drawn also to a case which had been in the Courts, viz., Chappell v. Columbia Gramo- phone Co., a report of which appears else- where in The Author. He also reported that the Society’s name had now been definitely changed, at the suggestion of the Composers’ Sub-Committee, to the Incorporated Society of Authors, THE AUTHOR. (JULY, 1914. Playwrights and Composers, and that the new name would appear on all printed matter from the Society in future. —___—-op-o~e Cases. — Durine the past month the secretary has dealt with the average number of cases. They can be catalogued as follows :— Return of MSS. : : Money and accounts ; : Money . : : Settlement of contract Accounts : : : : Of the seven claims for the return of MSS. three have been successful. One of the remaining four is in the United States, and therefore will take some further time, and of the three others two have only recently come to the office and the last one is in course of negotiation. Of the five claims for money and accounts, three have been successfully settled and the money has been handed over to the members. One of the two that are left is in France and the other only came into the office just before going to press. Of the two claims for money, one has been successful and the other has had to be placed into the hands of the Society’s solicitors. This latter course has also had to be adopted with regard to the settlement of contract. The claim for accounts has only recently come in. There are eight cases still remaining over from last month and of these only two are in Great Britain and they are both for the return of MSS. It is impossible to say whether they will be successfully settled, because, as has been pointed out in the case of lost MSS., the evidence is often deficient. It is not only necessary to prove that the MSS. came into the hands of responsible parties in the office, but also that these parties have dealt with them negligently. There remain six cases; three of these are in the United States, two being for infringements of copyright and one for the settlement of a contract ; two are in South Africa, one a claim of money and another a question of accounts. The last case is a question of money and lies. in France. All the other cases have been closed up satisfactorily or handed over to the solicitors. of the Society whose report will appear in & later number of The Author. et pet BO OY  JULY, 1914.} THE AUTHOR. June Elections. Allhusen, Mrs. W. H. . Aston, Colonel = Sir George, K.C.B. Avery, Miss Anne 4 Beesley, George G. : Blake, Mrs. R. . : Briggs, William, LL.D., D.C.L., M.A., B.Sc. Cockran, Miss B. A. Bruen. East, Mrs. . Clayton. Edghill, Mary. A George Flemming, Leonard . ‘Hallam, Frank Vincent (“ Charles Hessel- ton ’’) Jones, Mary Whitmore iKing, Charles : Knowles, Miss Joseph- ine. Krayl, Stan Harding Macdonald, J. Ramsay McKay, Herbert, B.Sc. Manners, Sir William John, Earl of Dysart Mainwaring, Colonel H. G., F.R.G.S. Reeks, H. Caulton ‘ “Smith, Mrs. Adéle Crafton Smith, Cicely Fox ‘Smith, Mrs. Elizabeth Sinclair a Zimmern, Alfred KE. . 15, Palace W. 94, Piccadilly, W. Kensington Gardens, Grosvenor Aldershot. 96, Stoney Stanton Road, Coventry. 129. . Him Park Mansions, Chelsea, S.W. Owlbrigg, bridge. St. John’s Cottage, Bovey Tracey, Devon. 20, Lower Sloane Street, S.W. Soulby, Clarence Park, Weston- super-Mare. 63, Wellington Road, N.W. 55, Adolphus Road, Finsbury Park, N. Road, Cam- Magdalen Lodge, Hook Norton. 36, Golders Way, Golders Green. Via della Scala 1, Florence, Italy. 8. lincoln's Inn Fields, W.C. 338, Park Parade, Harlesden, N.W. Ham House, Rich- mond, Surrey. Army & Navy Club, Pall Mall, S.W. Spalding. Elmhurst, Bradford- on-Avon. 54, Harper’s Lane, Bolton-le-Moors. Trevone, Ennerdale Road, Richmond, S.W. 14, Great Russell Mansions, W.C. —__———_+->*——___ 269 BOOKS PUBLISHED BY MEMBERS. <4 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 that many of the books mentioned are not sent to the office 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. ARCHAZOLOGY. AMULETS. Illustrated by the Egyptian Collection in University College, London. By Wiu1am FLINDERS Perrin. 124 x 10. 58 pp. text. liv. Plates. Con- stable. 21s. n. ARCHITECTURE. SMALL Country Hovsss: their Repair and Enlargement. By L. Weaver. 114 x 83. xxxii+ 204pp. Country Life. 15s. n. ART. THE Sport oF COLLECTING. 81 x 54. 147 pp. Unwin. By Sir Martin Conway 5s. ne BIOGRAPHY. Memoriats oF Henry Forses JULIAN. Institution of Mining and Metallurgy. edited by his wife, Husrer JunIaAN. 9 X 53. 310 pp. C. Griffin. 6s. n. BOOKS OF REFERENCE. THE STATESMAN’S YEAR Book, 1914. Edited by J. Scorr Keitin. 7} x 4%. Ixxix + 1,500 pp. Macmillan. 10s. 6d. n. Member of the Written and xix + DRAMA. Tae Maker or Dreams. By O. Down. 5} X 4. Gowans and Gray. 6d. n. Cuartey’s Unciz. A Farcical Comedy in three acts. By Waurer STEPHENS. 7} x 43. 64 pp. F. Griffiths. 1s. 6d. n. FICTION. By Nem Monro. Tue New Roan. 7k x 5. 374 pp Blackwood. 6s. Z Lovers’ Meptinas. By Katuartne TYNAN. 314 pp. Werner Laurie. 6s. Freepom. By Attce and CLAUDE ASKEW. 316 pp. Hurst and Blackett. 6s. Srmmon Hurtot. By Parricta WENTWORTH. 331 pp. Melrose. 6s. A SaAMNOEL Innerrrance. By KarHartne Tynan. 7} % 5. 324 pp. Cassell. 6s. From AN Istineron WINDow. 3 i Romance. By M. Bernam-Epwaxps. 72 x 5. . Smith Elder. 6s. Tat SILVER Star. By Marre Connor LEIGHTON. 73x 5. 352pp. Ward, Lock. 638. THe LIFE a Lena. By W. N. WILLIS. 320 . Long. 1. n. ous Aury. By M. E. Francis. 6} x 4. 7d. n. ; 8 Pun Stony or AmanpA. By F. R. M. Furspon, 74 Xx 5. 328 pp. Simpkin, Marshall. 6s. 7% x 43. 7k x 43. 7k x 42. Pages of Reminiscent 307 7k x 42. 254 pp. Long.  270 FOLKLORE. Tur LANGUAGE OF THE Nawar or Zurr, THE Nomap Smirus oF PaLesTINy. By R. A. STEWART MACALISTER’ 9% x 6}. xii + 216 pp. Quaritch. 5s. LAW. Tue Lonpon Burpine Acts, FESSOR BANISTER FLETCHER. rer F. Fuercuer and H. P. FLETCHER. xviii + 697 pp. Batsford. 10s. n. LITERARY. Love’s Cominc or Acz. By Epwarp CARPENTER. Le 41. 189 pp. Methuen. Is. n. A Wak IN Orner Wortps with Dante. By Marian S, Barnpricce. 8 X 5}. 255 pp. Eight full-page 1894—1909. By Pro- Fifth Edition by Banis- 7k Xx 4}. illustrations. Kegan Paul, Trench, Tiiibner & Co., Ltd. 6s. n. : MUSIC. ORcHESTRATION. By Ceci ForsytH. 9 x 5. 517 pp. (The Musician’s Library.) Macmillan and Stainer and Bell. 21s. n. : SrortEs FROM WaGNER’S OpERAs. Told by GLapys Davipson. 7} x 5. 106 pp. Werner Laurie. ls. n. PAMPHLETS. Roger Bacon. By Sm J. E. Sanpys. (From the Pro- ceedings of the British Academy. Vol. V1.) Oxford University Press. 1s. n. 2 POETRY. Berowvutr. A Metrical Translation into Modern English. By J. R. Crark Hatt. 7} x 5. 114 pp. Cambridge University Press. 2s. 6d. n. Unto tur Hitts. By Dovcias W. FRESHFIELD. Edward Arnold. 7 x 44. REPRINTS. With English Rendering. By IsraEL GoLtancz. Limited Edition, 550 copies. 8} x 7. 56 pp. Chatto. 6s. n. Tue PorricaL WoRKS oF GEORGE CRABBE. A. J. and R. M. Caruyuzg. 7} x 5. H. Milford. 1s. 6d. n. Tue Sua’s ANTHOLOGY. From the Earliest Times down to the Middle of the 19th Century. Compiled and Edited, with Notes, Introduction, and an Appendix, by J. E. Parrerson. 7X 44. xxxvi+ 383 pp. Heine- mann. 25. n. SOCIOLOGY. THE PROBLEM OF THE Nations. A Study in the Causes, Symptoms, and Effects of Sexual Disease and the Education of the Individual therein. By A. Corperr- Smiru, M.A., Oxon., barrister-at-law ; Captain (formerly R.F.A.); F.R.G.S.; Officier de L’ Instruction Publique ; Editor of the Journal of State Medicine ; Lecturer in Public Health Law at the Royal Institute of Public Health. 9} x 6}. ix+ 107 pp. Bale. Ils. 9d. n. SPORT. Be THE Hovsz on Wueets. By Evizapern SLOAN CuusseEr, 74x 5. 150 pp. Chapmanand Hall. 2s. n. TRAVEL. Tue MAINspringes oF RvsSrA. . x E . pp. Nelson, 2s. ‘HE REAL ALGERIA. By M.D.Srorr. 83 x 54. Hurst and Blackett. "10s. 6d. n. oe Boccaccto’s OLYMPIA. Edited by xxii + 600 pp. By Maurice Barina. 74 THE AUTHOR. (JULY, 1914 LITERARY, DRAMATIC, AND MUSICAL NOTES. er HE Oxford edition of ‘‘ The Poetical Works of George Crabbe” is edited, with an introduction, by A. J. and R. M. Carlyle, who base their text on the author’s own edition, except in the case of the poems omitted by him and subsequently reprinted by his son. The only notes are those made by Crabbe himself (Humphrey Milford, Oxford University Press). “Urto the Hills,’ is the title of a little book of verse by Mr. Douglas W. Freshfield, former chairman of the Committee of Manage- ment. The poems include Sonnets, Rhymes, and Leviora, the last not the least good, if the least ambitious, section of the book (Edward Arnold). Mrs. Russell Barrington’s ‘“‘ Life of Walter Bagehot,” announced in the last issue of these notes, has now been published by Longmans, Green & Co. at 12s. 6d. net. Mr. Israel Zangwill’s play “ Plaster Saints ” is now published in book form (Heinemann, 2s. 6d. net). Another play which lras just appeared in book form is Mr. John Galsworthy’s ‘ The Mob ” (Duckworth, 1s. 6d.). Mr. Eden Philpotts’s new novel “The Judge’s Chair ” appeared last month through the firm of John Murray. Mrs. Hester Julian has written a life of her husband, under the title of ‘‘ Memorials of Henry Forbes Julian ” (Charles Griffin & Co.,. 6s.). The late Mr, Julian was one of the victims of the Titanic disaster. The loss thereby occasioned to metallurgy is dealt with in an introduction contributed to the book by Mr. H. L. Sulman, President of the Institution of Mining and Metallurgy. “The Problem of the Nations ” is the name of a book by Mr. A. Corbett-Smith, M.A., F.R.G.S., on the effect of sexual disease on. national life (John Bale, Sons & Danielsson, 1s. 6d.). Mr. Cecil Forsyth contributes to the Musician’s Library a book upon “ Orchestra- tion,” which is published by Macmillan & Co, and Stainer & Bell at one guinea net. Miss M. Betham-Edwards has brought out “From an Islington Window,” described in the sub-title as ‘“‘ pages of reminiscent romance ” (Smith, Elder & Co., 6s.). The correct title of Mrs. Annette S. Beveridge’s book is ‘“‘ Baburnima, or Memories of Babur, a new translation made from the  JULY, 1914.] original Turki text,’ fasciculus 5 section (Luzac & Co.). 7 oe Mr. Gilbert Coleridge has an article upon “* Sir Thomas Browne ” in the current number of the Fortnightly Review. A Chinese version of Leiut.-Colonel W. H. Turton’s work, “ The Truth of Christianity,” is about to be published in Shanghai by the Christian Literature Society for China. A Japanese version appeared some years ago. Mrs. Ellis Chadwick’s recent book, ‘‘ In the Footsteps of the Brontes,” is to be published in the United States by Brentano. Miss Bainbrigge’s book, ‘‘ A Walk in other Worlds with Dante,” is written specially for those who think the Divina Commedia is too deep for them, and yet desire to know more about it without long and deep study (Kegan Paul, Trench, Tribner & Co., 6s. net). **A Saunter through Kent with Pen and Pencil,” by Mr. Charles Igglesden, has now reached its cleventh volume, and describes Nettlestead, Whitstable, Seasalter, Swalecliffe, Graveney, Monks Horton, and Harrietsham (Kentish Eapress Office, 2s. 6d.). In “Caravan Days” Mr. Bertram Smith records the continuance of his devotion to caravanning after sixteen years’ experience of it (Nisbet & Co., 5s. net). ‘* Love’s Responsibilities ” is a book of essays by Mrs. Stuart Menzies upon “‘ the most cruel, the most tragic, the most vengeful of life’s problems, that of sex ” (Holden and Harding- ham, 6s.). “ Justice of the Peace” is a novel by Mr. Frederick Niven, in which he has attempted to give a family history without making the book as long as Gibbon’s “‘ Decline and Fall ”’—as he tells us in his preface (Eveleigh Nash). Mr. S. Sproston has published, through the Year Book Press, ‘The Pudding made of Plum: a Tragic-Comedy for Children,” “* Mid- summer Fairies: a Fantastic Sketch,” and “The Sword in the Stone: a Legend ”?__the two first 6d. each ; the last-named 9d. net. Miss Amy M'‘Laren’s novel, “ The Yoke of Silence,” which has already appeared in both serial and book form, is to be published early this month by Messrs. Collins. . Derek Vane’s new novel, ‘“‘ Lady Varley, will be published by Stanley Paul & Co. early in August. It is a character study of two men and two women brought together in a lonely country house by the mysterious death of another man in a London flat. a Mr. Archibald Marshall’s “ Exton Hall 1s now in its fourth edition. The same author's new novel is ‘‘ Roding Rectory” (Stanley Paul). THE AUTHOR. 271 _ Mr. Henry Bruce has a new novel of Eurasian life, entitled “The Residency.” The publishers are John Long, Ltd. Mrs. Bell, who writes under the name of John Travers, is publishing her third novel of Anglo-Indian life through Duckworth & Co. Miss Helen C. Roberts makes the hero of her novel, ‘‘ A Free Hand,” a dentist—though he does not remain a dentist to the end (Duck- worth). { M. Georges Bazle has translated into French Mrs. Irene Osgood’s ‘‘ Where Pharaoh Dreams,” and the translation has been published in the Comedia, Paris, together with a biographical sketch of the author. A copy of “ Where Pharaoh Dreams” has been accepted by His Highness the Khedive. ® “A Fallen Star,” a sketch by Mrs. Herbert Cohen, appeared in the June number of the Magpie. Mr. Harry Wynne’s poem, “ The Plumber,” recently published in book form, with other recitations, by Joseph Williams, Ltd., has been recorded on the Columbia and Pathé gramo- phones by Mr. Bransby Williams. ‘“‘ Karth with Her Bars: and other Poems ” is the title of a book of verse by Miss Edith Dart, some of which has already been seen in the Westminster Gazette, Pall Mall Gazette, etc. (Longmans, Green & Co., 1s. paper covers, 2s. cloth). DRAMATIC. “Dido and Aeneas,” a four-act tragedy by A. von Herder (Mrs. Grantham-Williams) was presented for the first time by the Drama. Society at the Ambassador’s Theatre on May 26. On June 11 Mr. Israel Zangwill’s one-act play ‘“‘ Six Persons,” originally seen at the Haymarket eleven years ago, was revived, to precede Mr. Zangwill’s “ Plaster Saints at the Comedy Theatre. On June 16 “A Scrap of Paper,” a new adaptation by Mr. F rederick Fenn of the well- known “ Pattes de Mouche,” was seen at the iterion Theatre. “os June 17 “ Driven,” Mr. E. Temple Thurston’s new play, was seen for the first time at the Haymarket Theatre. Mr. EH. V. Esmond has arranged for an exten- sion of his season with ‘‘ The Dangerous Age at the Vaudeville Theatre. Mr. Bernard Shaw’s “ Pygmalion ” was: performed for the seventy-fifth time at His. ‘esty’s Theatre on June 15. : o Fons 97 “The Heritage of Hate” Mr. of the novel Arthur Shirley’s dramatic version  272 by Mr. Charles Garvice, was put on at the Aldwych Theatre. Sir James Barrie has a new play, which is to be produced in London by Mr. Granville Barker and in the United States by Mr. Charles Frohman. The German translation rights of Mr. Henry Arthur Jones’s plays, ‘‘ The Liars,” “‘ The Silver King,” ‘‘ Mrs. Dane’s Defence,” and ‘‘ Michael and his Lost Angel,’? have been granted by the author to Dr. Max Meyerfeld. MUSICAL. Two songs from the masque “‘ Love and the Dryad,”’ by Agnes H. Lambert, entitled “ The Flower Song” and ‘‘ My Ladye’s Singing.” have been just published separately by Boosey & Co. The former song (which has the flute accompaniment attached) is that which was sung by Miss Evangeline Florence when the masque was produced in April, 1913, at the King’s Hall Theatre, Covent Garden. : “The Halo: the Story of a Chelsea Studio ” is the title of a new musical monologue which Reynolds & Co., are publishing. The poem is written by Mr. Harry Wynne and the musical setting is by Mr. Cuthbert Clarke. Bransby Williams and other well-known reciters are performing the number. “‘OQur Red Cross Nurses,” words by T. A. Bennett, and music by J. W. Bampfylde, is a patriotic song published by the Walsingham Voluntary Aid Detachment. Copies may be obtained (post free) from the commandant, Miss Violet Parry Okeden, Walsingham Abbey, Norfolk. MS. band parts may be hired. +> PARIS NOTES. ee 12 a French literary paper published in Paris last month, a short article is devoted to the memory of the late Mr. Marston of the firm of Sampson, Low, Marston & Co. The writer reminds his readers that after the reverses of 1870 Mr. Marston was one of those who appealed to the English book- sellers in favour of their French colleagues. A sum of 24,574 franes was sent over from England, and provisions were distributed among the Parisian booksellers. In 1896, when the first International Congress of Pub- lishers took place, Mr. Marston was one of the vice-presidents. The article concludes with a message of sympathy to the family of Mr. Marston. _“Le Baptéme de Pauline Ardel” is the title of the third novel by Emile Baumann. THE AUTHOR. [JULY, 1914. ‘““L’Immolé,” the first novel by this writer, had great success, and was followed soon after- wards by ‘‘ La Fosse aux Lions.”” The author gives us in this third story a psychological study of a girl brought up by a father who is a free-thinker. Her greatest friends are ex- tremely religious people and the man who wins her love a staunch Catholic. With this theme the author has written an excellent book, extremely human, with characters well defined and very living. “La Flamme”’ is the title of Paul Mar- gueritte’s new novel. “Les Tétes baissées,”’ by Cyril Berger, is the volume which has been chosen for the annual prize awarded by the Committee of the paper entitled La Vie heureuse. ‘*La Maison sur la Rive ” by André Lafon, whose former volume “L’Eléve Gilles’? won for its author the Grand Prix of the French Academy in 1912. ** Alaric,” by Jacques de Morgan, is, like George Gissing’s ‘‘ Veranilda,’’a novel based on the historical episodes of the fall of Rome. ‘*Napoléon délivré,”’ by Albéric Cahuet, tells us, among other things, of the funeral of Napoleon, the coup de thédtre of 1840. It is the reconstitution of an epoch well told by the author of ‘‘ Aprés la mort de l’Empéreur.” “Au jeune Royaume d’Albanie’”’ (ce qu’il a été=ce qu'il est), by G. L. Jaray, one of the few Europeans knowing this country and able to explain to us clearly the problems and difficulties of the new kingdom. ‘** Paris sous Louis XV.,’”’ by Camille Piton. This writer has given us some curious volumes on various historical subjects. In this book we have a number of reports by the king’s police inspectors, showing the manners and customs of the times. This volume is the fifth of the series, and is carefuily annotated by the author. ‘“‘ A travers Shakespeare ” is the title of a volume containing a series of lectures given during the past season by Jean Richepin at the university of Les Annales. ‘** Dans le Cloaque ”’ is the title of the latest volume by Maurice Barrés. A book, entitled ‘“‘La Politique de la Prévoyance Sociale,’’ by Léon Bourgeois, will be read with interest. The first volume treats of ‘‘ La Doctrine et la Methode.” In a volume entitled ‘‘ Maitres d’hier et daujourd’hui,” Roger Marx tells us much that is interesting about Les Goncourt et VArt, J. K. Huysmans, Anatole France, Daniel Vierge, Jean-Francois Millet, Hugéne Carriére, Jongkind, Puvis de Chavannes, is another novel  JULY, 1914.] Constantin Guys, Degas, Théodore Chassériau, Claude Monet. ** Vieux dossiers, petits papiers,’’ by the Marquis de Ségur, is now in its fifth edition. La Transmission télégraphique des Images et des Photographies,” by Jacques Boyer, gives us information and illustrations concern- ing this new miracle of science. In “ La Route del’Orient,” by Noelle Roger, we have a chapter entitled ‘‘ Premier contact avec l’A4me turque”’; and others on Bosnia, on Roumania and Constantinople. The volume is illustrated from photographs belong- ing to the author. ‘“* Comment conserver sa santé” is the title of an excellent book by Dr. Toulouse, who has also written ‘‘ Comment former un esprit” and ‘‘ Comment se condiure dans la vic.” The play ‘Les Affranchis,” by Marie Lénéru, has obtained the Emile Augier prize, as the best play produced within the last three years. “Ce quil faut taire,” the play by Arthur Meyer, editor of the Gaulois, is now published. It was produced quite recently, and M. Meyer has explained in several newspapers his reasons for writing it. M. Adolphe Brisson has written the preface. : Shakespeare has been very much in favour during the past month. “ Twelfth Night ” had been produced in French and it was so well received that it was impossible to book a place the last three evenings. It has also been played in English under the direction of Mr. Philip Carr, with Mr. Ben Field and Miss Cathleen Nesbitt. The general opinion was that it was as near as possible to perfection. The ensemble was excellent and the whole performance a remarkable success. At the Frangais, ‘‘ Macbeth ” has been given in an adaptation by Jean Richepin. ee * Auguste Rodin, Auguste Renoir and ‘‘ Le Baptéme de Pauline Ardel”” (Granet). “La Flamme ” (Flammarion). “Leg Tétes baissées ” (Ollendorff). ‘La Maison sur la Rive” (Perrin). “ Alaric ” (Plon). Napoléon délivré” (Emile Paul). “ Au jeune Royaume d’Albanie (Hachette). ¢ Paris sous Louis XV.” (Mercure de France). “A travers Shakespeare” (Fayard). « Dans le Cloaque” (Emile Paul). — . . . “Ta Politique de la Prévoyance Sociale (Fasquel e). “ Maitres d’hier et d’aujourd’hui ” (Calmann Lévy). “ Vieux dossiers, petits papiers ” (Calmann Lévy). _. “La Transmission télégraphique des Images et des Photographies ” (Mendel). : «a Route de l’Orient” (Perrin). Comment conserver sa santé” (Hachette). “ Ce quil faut taire » (Plon). THE AUTHOR. 273 CHAPPELL v. COLUMBIA GRAMOPHONE CoO. —_-——+—__ A CASE of some interest to composers and ae to copyright owners of musical works _ 2 wae heard recently before Mr. Justice Neville, in the Chancery Division, when Messrs. Chappell & Co. applied for an injunction to restrain the defendants, the Columbia Gramo- phone Co. from infringing the copyright of a song by Mr. Herman Lohr of which they, the plaintiffs, were the copyright holders. The circumstances were that the defendant company had made a contrivance by means of which the composition might be mechanically reproduced. It was admitted by the plaintiffs that the defendants were perfectly entitled to do this as they had given the requisite notice and complied with all the conditions laid down in the Board of Trade Regulations issued under section 19 of the Copyright Act, 1911. But it was submitted for the plaintiffs that the defendants had gone beyond their powers, in- asmuch as they had made a manuscript orchestral accompaniment of the song, and that this was a clear infringement of the plaintiffs’ rights. On behalf of the defendants it was submitted that what they had done was reasonably necessary for the manufacture of their record and was not an infringement of the copyright of the plaintiffs. Mr. Justice Neville, in giving judgment for the plaintiffs, held that what the defendants had done was an infringement of the copyright of the plaintiffs, and that it was immaterial for what purpose the copy may have been made. Therefore, there must be judgment for the plaintiffs, with the costs of the action. ———__+- <> THE CRITICISM OF FICTION. i By One or THE YouNGER NOVELISTS. URELY no earnest worker in the profes- sion of letters should miss the way, recently opened by Mr. Henry, James in the Literary Supplement of the Times, to claim more competent and wider criticism of fiction. The obviousness of our need is un- doubtedly crying. That branch of the literary art which, either from the public’s surfeit, or the reviewers’ weariness, OF the publishers instinct of self-preservation, has been reduced from what was once a respectable calling to the level of a prize-fight, deserves fairer play. Obviously what we all require 18 a critic like Francisque Sarcey, who criticised his French  272 by Mr. Charles Garvice, was put on at the Aldwych Theatre. : a Sir James Barrie has a new play, which 1s to be produced in London by Mr. Granville Barker and in the United States by Mr. Charles Frohman. The German translation rights of Mr. Henry Arthur Jones’s plays, “‘ The Liars,” ‘* The Silver King,” “ Mrs. Dane’s Defence,” and ‘‘ Michael and his Lost Angel,” have been granted by the author to Dr. Max Meyerfeld. MUSICAL. Two songs from the masque “ Love and the Dryad,” by Agnes H. Lambert, entitled “ The Flower Song” and ‘“‘ My Ladye’s Singing.” have been just published separately by Boosey & Co. The former song (which has the flute accompaniment attached) is that which was sung by Miss Evangeline Florence when the masque was produced in April, 1913, at the King’s Hall Theatre, Covent Garden. : “The Halo: the Story of a Chelsea Studio ” is the title of a new musical monologue which Reynolds & Co., are publishing. ‘The poem is written by Mr. Harry Wynne and the musical setting is by Mr. Cuthbert Clarke. Bransby Williams and other well-known reciters are performing the number. “Our Red Cross Nurses,’’ words by T. A. Bennett, and music by J. W. Bampfylde, is a patriotic song published by the Walsingham Voluntary Aid Detachment. Copies may be obtained (post free) from the commandant, Miss Violet Parry Okeden, Walsingham Abbey, Norfolk. MS. band parts may be hired. Oe PARIS NOTES. A oe a French literary paper published in Paris last month, a short article is devoted to the memory of the late Mr. Marston of the firm of Sampson, Low, Marston & Co. The writer reminds his readers that after the reverses of 1870 Mr. Marston was one of those who appealed to the English book- sellers in favour of their French colleagues. A sum of 24,574 frances was sent over from England, and provisions were distributed among the Parisian booksellers. In 1896, when the first International Congress of Pub- lishers took place, Mr. Marston was one of the vice-presidents. The article concludes with a message of sympathy to the family of Mr. Marston. “Le Baptéme de Pauline Ardel’’ is the title of the third novel by Emile Baumann. THE AUTHOR. [JULY, 1914. ““L’Immolé,” the first novel by this writer, had great success, and was followed soon after- wards by ‘‘ La Fosse aux Lions.’”? The author gives us in this third story a psychological study of a girl brought up by a father who is a free-thinker. Her greatest friends are ex- tremely religious people and the man who wins her love a staunch Catholic. With this theme the author has written an excellent book, extremely human, with characters well defined and very living. “La Flamme”’ is the title of Paul Mar- gueritte’s new novel. “Les Tétes baissées,” by Cyril Berger, is the volume which has been chosen for the annual prize awarded by the Committee of the paper entitled La Vie heureuse. ‘*La Maison sur la Rive ”’ is another novel by André Lafon, whose former volume ‘“L’Eléve Gilles’? won for its author the Grand Prix of the French Academy in 1912. ** Alaric,”” by Jacques de Morgan, is, like George Gissing’s ‘‘ Veranilda,’’a novel based on the historical episodes of the fall of Rome. ‘*Napoléon délivré,” by Albéric Cahuet, tells us, among other things, of the funeral of Napoleon, the coup de thédtre of 1840. It is the reconstitution of an epoch well told by the author of ‘‘ Aprés la mort de ’ Empéreur.”’ ‘**Au jeune Royaume d’Albanie”’ (ce qu’il a été=ce qu’il est), by G. L. Jaray, one of the few Europeans knowing this country and able to explain to us clearly the problems and difficulties of the new kingdom. ‘* Paris sous Louis XV.,”’ by Camille Piton. This writer has given us some curious volumes on various historical subjects. In this book we have a number of reports by the king’s police inspectors, showing the manners and customs of the times. This volume is the fifth of the series, and is carefully annotated by the author. ‘** A travers Shakespeare ”’ is the title of a volume containing a series of lectures given during the past season by Jean Richepin at the university of Les Annales. ‘** Dans le Cloaque ”’ is the title of the latest volume by Maurice Barrés. A book, entitled “La Politique de la Prévoyance Sociale,’’ by Léon Bourgeois, will be read with interest. The first volume treats of ‘‘ La Doctrine et la Methode.”’ In a volume entitled ‘‘ Maitres d’hier et d’aujourd’hui,” Roger Marx tells us much that is interesting about Les Goncourt et lYArt, J. K. Huysmans, Anatole France, Daniel Vierge, Jean-Francois Millet, Eugéne Carriére, Jongkind, Puvis de Chavannes, >  JULY, 1914.] Constantin Guys, Degas, Auguste Rodin, Théodore Chassériau, Auguste Renoir and Claude Monet. ** Vieux dossiers, petits papiers,” by the Marquis de Ségur, is now in its fifth edition. La Transmission télégraphique des Images et des Photographies,” by Jacques Boyer, gives us information and illustrations concern- ing this new miracle of science. In ‘‘ La Route del’Orient,” by Noélle Roger, we have a chapter entitled ‘‘ Premier contact avec l’Ame turque’’; and others on Bosnia, on Roumania and _ Constantinople. ihe volume is illustrated from photographs belong- ing to the author. ‘** Comment conserver sa santé” is the title of an excellent book by Dr. Toulouse, who has also written ‘‘Comment former un esprit ” and ‘“‘ Comment se condiure dans la vic.” The play ‘Les Affranchis,” by Marie Lénéru, has obtained the Emile Augier prize, as the best play produced within the last three years. “Ce quil faut taire,” the play by Arthur Meyer, editor of the Gaulois, is now published. It was produced quite recently, and M. Meyer has explained in several newspapers his reasons for writing it. M. Adolphe Brisson has written the preface. : Shakespeare has been very much in favour during the past month. “ Twelfth Night ” had been produced in French and it was so well received that it was impossible to book a place the last three evenings. It has also been played in English under the direction of Mr. Philip Carr, with Mr. Ben Field and Miss Cathleen Nesbitt. The general opinion was that it was as near as possible to perfection. The ensemble was excellent and the whole performance a remarkable success. At the Francais, ‘‘ Macbeth ” has been given in an adaptation by Jean Richepin. ee “ Le Baptéme de Pauline Ardel” (Granet). “La Flamme ” (Flammarion). ‘Les Tétes baissées ” (Ollendorff). ‘La Maison sur la Rive” (Perrin). “ Alaric ” (Plon). “ Napoléon délivré” (Emile Paul). “ An jeune Royaume d’Albanie (Hachette). Paris sous Louis XV.” (Mercure de France). “A travers rT cy Hf 3 le Gloaque’’ (Emile Paul). ff © tiieore ae la oe Sociale ” (Fasquelle). “ Maitres d’hier et @aujourd’hui ” (Calmann Lévy). “Vieux dossiers, petits papiers » (Calmann Lévy). Ss “La Transmission télégraphique des Images et des Photographies ” (Mendel). : «La Route de l’Orient” (Perrin). « Comment conserver sa santé » (Hachette). “ Ce quil faut taire ” (Plon). THE AUTHOR. 273 CHAPPELL v. COLUMBIA GRAMOPHONE Co. \ CASE of some interest to composers and Zd to copyright owners of musical works Was heard recently before Mr. Justice Neville, in the Chancery Division, when Messrs. Chappell & Co. applied for an injunction to restrain the defendants, the Columbia Gramo- phone Co. from infringing the copyright of a song by Mr. Herman Léhr of which they, the plaintiffs, were the copyright holders, The circumstances were that the defendant company had made a contrivance by means of which the composition might be mechanically reproduced. It was admitted by the plaintiffs that the defendants were perfectly entitled to do this as they had given the requisite notice and complied with all the conditions laid down in the Board of Trade Regulations issued under section 19 of the Copyright Act, 1911. But it was submitted for the plaintiffs that the defendants had gone beyond their powers, in- asmuch as they had made a manuscript orchestral accompaniment of the song, and that this was a clear infringement of the plaintiffs’ rights. On behalf of the defendants it was submitted that what they had done was reasonably necessary for the manufacture of their record and was not an infringement of the copyright of the plaintiffs. Mr. Justice Neville, in giving judgment for the plaintiffs, held that what the defendants had done was an infringement of the copyright of the plaintiffs, and that it was immaterial for what purpose the copy may have been made. Therefore, there must be judgment for the plaintiffs, with the costs of the action. ————_ <> __———_ THE CRITICISM OF FICTION. ——— By One or THE YounGeR NoveLisTs. URELY no earnest worker in the profes- S sion of letters should miss the way, recently opened by Mr. Henry James in the Literary Supplement of the Times, to claim more competent and wider criticism of fiction. The obviousness of our need is un- doubtedly crying. That branch of the literary art which, either from the public’s surfeit, or the reviewers’ weariness, or the publishers instinct of self-preservation, has been reduced from what was once a respectable calling to the level of a prize-fight, deserves fairer play. | Obviously what we all require 1s a critic like Francisque Sarcey, who criticised his French  274 drama not as a duty but a privilege, and let himself remain impoverished thereby if only to prove his honesty of intention ; or a critic with a given standard and a literary conscience like Ferdinant Brunetiére ; or one like Jules Lemaitre who, not content alone with pub- lishing his own novels, essays, and plays, followed it up by criticising them himself in the famous Edition Rose of the Journal des Debats. Those were critics, critics not averse but eager to be critics in order to demonstrate their unique—alas ! why should it be “ unique ?- o— capacity for identity of impression learned through genuine reverence for as well as apti- tude in Letters as an Art ! The average English or American reviewer, to those of us who are the helpless occasional victims of his prowess (?), appears to be a mixture of stale office-boy and languid clerk underpaid to ‘skim trash,’”’—a résumé of which he gets printed when it is “ sparkling,”’ but never if itis “longwinded.”’ For space, we infer, is not to be procured in the literary columns of the modern newspaper for serious criticism of “‘ the ephemeral literature of the day.” So he “turns out” only what has “gripped” him in that “smart” cheap style of his contemporaries, which slights all but the “‘crudities ”’ which our critic cites as “ glaring,” —leaving “‘ the lost art of reading ” to those happy humble few who have pause in the burden and heat even of to-day. “Js it not perhaps in a subconscious effort to rid himself altogether of this obnoxious pest that to-day our pioneer par eacellence of original forms, our champion stickler for testimony of ‘consciousness, clamours for a mightier right-of- way ? Where no literary conscience in the criticism of ‘contemporary fiction’ has as yet been made evident; and no given standard been, at least in words, established, one who possesses the creative gift—which Mr. James terms ‘the miracle of genius ’—to the extent some possess it, is surely justified in ing the bull by the horns in Ae sae hs Mrs. Wharton writes: ‘“ There seem to be but two primary questions to ask in estimating any work of art: ‘‘ What has the author tried to represent, and how far has he succeeded —and a third which is dependent on them— has it the quality of being what Balzac called vrat dans V art.” In plain English, Balzac preached verisimili- tude ; but who of even those of us who love him because we read him through and through can maintain that Balzac practised invariabl all he preached ? Moreover, given a need worthy of the name, how does he know what THE AUTHOR. (JULY, 1914. the author has tried to represent sufficiently, z.e., to decide whether he has succeeded or not—without the author telling him ? It is at just this point we find that the present-day so-called “ critics’ fail us—by demonstrating their predisposition not to care to understand us where we point our message sharpest. Whereas if all critics were accom- plished readers—only winning the right to their claim as we do by writing—through contemplation, and deduction, instead of fiddling when Rome is burning, we authors might get faster towards the main and off the rocks. What we younger writers need most and first is readers. Let the publishers provide them, instead of supercilious underlings craving to be ‘* gripped.’ Let those readers cease relegating fiction to “the side-track.’? Let him who is practical make way more diligently and gener- ously for that flame which licks up so percep- tibly in a trice chacterisation, eloquence, abundance, the interplay of the passions— all the conflict in sum—until, like a coral reef, the entire magic edifice shapes itself without visible hands before our eyes. In France fiction is acclaimed as legitimate art where the critics discern in the result a consecutive series of links each dependent upon the other in an inevitable process of forging into a chain the main idea. Why not, and at once, make such a standard for fiction clearer and possible on this side of the channel ? $$$ THE SIXTEENTH CONGRES INTER- NATIONAL DE PRESSE. HE sixteenth International Congress of the Press, held at Copenhagen, has been singularly _ successful. The capricious weather of the North proved itself by a tempestuous North Sea passage, but Denmark greeted us with Mediterranean Sea and blue sky. As M. Singer, the President, stated at the final sitting, ‘‘ Melancholy disappeared at the Danish frontier.” . Having attended most of these inter- national meetings, certainly none has been so methodically and excellently organised. The handsome portfolio contained all tickets, information, and invitations, in our own tongue; a booklet, described all events and scenes to be visited. The traditional hospital- ity of the North was intensely cordial; and opportunities were given after the Congress  JULY, 1914.] was closed for individual writers to study their special subjects. An historic badge was a passport in the town, and a railway permis to the country generally. The business sittings that were to have been held in the House of Lords were, owing to the domestic crisis, conducted in the Hall of the University. As all the documents were at the House of Parliament, the first sitting was confined to reading the general secretary’s, M. ‘Taunay’s, comprehensive report. Warm expressions of sympathy were ex- pressed at M. Taunay’s absence, through serious illness. The general treasurer, Dr. Schweitzer, of Berlin, reported that there -were twenty countries affiliated to the Associa- tions de Presse, with a membership of over 17,000, and a substantial balance of over 5,000 marks was in hand. As Dr. Stolz, of Germany, had retired from the Comité de Direction owing to ill health, Dr. Dresemann, of Cologne, had been elected to his place. The subject that caused the most animated debate was the right of the journalist to with- hold his source of information; a right which, as Colonel Secretan, of Switzerland, the introducer of the subject, stated, was possessed by the doctor, the priest, and the barrister. Especially was he emphatic that this secrecy must ever be in the public interest, and not exercised for purposes of blackmail or seandal. Mr. J. R. Fisher, of Belfast, ex- pressed the sympathy of the English associa- tion with the efforts of the continental journal- ists to secure definite legislation on this point. So far as the English law was concerned, it was the decided practice of the courts in civil cases not to permit any inquiry into the sources of an editor’s information. In every case the editor or publisher was solely responsible before the law for the contents of the news- paper, and the court will support him in refusing to give the names of his contributors. In the case of extra-legal proceedings, however, journalists had still to guard against the attempts of such bodies as parliamentary and other commissions to exercise pressure for olitical or personal reasons. Dr. Stoffers and Mr. James Baker acted as "interpreters for this debate, and, on a division on a wider embracing amendment, the vote was equal, and the president adjourned the sitting. At the next sitting Colonel Secretan's motion was carried, which invited the Comite de Direction to act jointly with the various national associations, “that they take this THE AUTHOR. 275 matter up with the legal authorities and work towards procuring legislation that shall protect the secrecy in journalism.” Another subject that aroused discussion was that of the right of reproduction in journalism. Upon this there was a great division of opinion, and the writer spoke of the advances made in England in this matter since first debated by the Associations de Presse. Many years ago he had demanded at a meeting of the Society of Authors, then under the chairmanship of Sir Frederick Pollock, copyright protection for the form in which news was related. By the case of The Times against Steinkopf copy- right had been assured to the writer of the article or paragraph. A vote was passed that the Bureau should formulate a firm resolution on this matter. The last sitting was held in the House of Lords, when the questions came up of an annual Card of Identité to be signed by the President of each local association, free of cost to the members; of Conseils de Prudhommes for the Press, and of mutual international aid societics. In closing the business of the Congress, M. Singer thanked all in Denmark, their Majesties the King and Queen, the Ministers and the whole people, who had so warmly received the journalists of all countries, and the Minister of the Interior replied saying that the journalists’ satisfaction fully recom- pensed all for the trouble taken. Their Majesties the King and Queen received the delegates at a Court in the Amalienberg Palace, and both chatted freely for some time with the English delegates. The excursions were on a most elaborate and delightful scale. A visit to Malmo and lunch-on the largest ferry boat in the world; a trip to Hamlet’s Kronberg ; a marvellous pic-nic and open-air performance of the great Danish drama * Blvyerkoj ”; and a dozen other remarkable events, all superbly organised, ended with excursions to every part of Denmark. James Baxer, F.R.G.S. —————_+ > MAGAZINE CONTENTS. ——+— CONTEMPORARY. Early Playhouses and the Drama. By Wilberforce Jenkins. The Shakesperean Angels and Devils. J. The Angels. ForTNIGHTLY. ini og of Tolstoy. By Count Tlya Tolstoy. ie Danian. By Prof. M. A. Gerothwohl. The Idea of Comedy, Il. By W. L. Courtney.  276 HOW TO USE THE SOCIETY. ——— <9 1: VERY member has a right to ask for and to receive advice upon his agreements, his choice of a pub- lisher, or any dispute arising in the conduct of his business or the administration of his property. | The Secretary of the Society is a solicitor 3 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. 7, Many agents neglect to stamp agreements, must be done within fourteen days of first execution. Secretary will undertake it on behalf of members. This The 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. So WARNINGS TO THE PRODUCERS OF BOOKS. —_— 1 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, ¢f a proper price can be THE AUTHOR. (JULY, 1914. 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 Zhe Author, 1¥Y. A Commission Agreement. The main points are :— (1.) Be careful to obtain a fair cost of production. (2.) Keep control of the advertisements. (3.) Keep control of the sale price of the book. General. All other forms of agreement are combinations of the four above mentioned. Such combinations are generally disastrous to the author, Never sign any agreement without competent advice from the Secretary of the Society. Stamp all agreements with the Inland Revenue stamp. Avoid agreements by letter if possible. The main points which the Society has always demanded from the outset are :— (1.) That both sides shall know what an agreement means, (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. SESE SS SORE Th WARNINGS TO DRAMATIC AUTHORS. 1 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. 8. 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,  ne eagpead ae bi JULY, 1914.) (2.) 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.c., 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 (0.) apply also in this case. 4, Plays in one act are often sold outright, but it is better to obtain a small nightly fee if possible, and a sum ‘paid in advance of such fees in any event, It is extremely important that the amateur rights of one-act plays should be reserved. 5. Authors should remember that performing rights can be limited, and are usually limited, by town, country, and time. This is most important. 6. Authors should not assign performing rights, but should grant a licence to perform. The legal distinction is of great importance. 7. Authors should remember that performing rights in a play are distinct from literary copyright. A manager ‘holding the performing right or licence to perform cannot print the book of the words. 8. Never forget that United States rights may be exceed- ingly valuable. ‘hey 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 ds 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. — > —— REGISTRATION OF SCENARIOS AND ORIGINAL PLAYS. ee CENARIOS, typewritten in duplicate on foolscap paper S 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 theauthor 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 ee that a play will be charged for at the price of 28, 6d. per act. THE AUTHOR. 277 DRAMATIC AUTHORS AND AGENTS. MEO ES Le authors should seek the advice of the Society before putting plays into the hands ef 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, de 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. Se ee WARNINGS TO MUSICAL COMPOSERS. a ITTLE can be added to the warnings given for the 1, assistance of producers of books and dramatic authors. It must, however, be pointed out that, as a rule, the musical publisher demands from the musical 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. a 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, <a THE READING BRANCH. ——_-—— + — 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, aud when it is possible, under special arrangement, technical and scientific works, The Readers are writers of competence and experience. The fee is one guinea. — > REMITTANCES. 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.  COLLECTION BUREAU. — due to authors, composers and dramatists. fe Society undertakes to collect accounts and money 1. Under contracts for the publication of their works. : 9. Under contracts for the performance of their works and amateur fees. 3. Under the Compulsory Licence Clauses of the Copy- right Act, i.e., Clause 3, governing compulsory licences for books, and Clause 19, referring to mechanical instrument records. The Bureau is divided into three departments :— 1. Literary. 2. Dramatic. 3. Musical. The Society does not desire to make a profit from the collection of fees, but will charge a commission to cover expenses. If, owing to the amount passing through the office, the expenses are more than covered, the Committee of Management will discuss the possibility of reducing the commission. For full particulars of the terms of collection, application must be made to the Collection Bureau of the Society. AGENTS. Holland A. REYDING. United Statesand Canada. WALTER C. JORDAN. Germany Mrs. Pogson. The Bureau is in no sense a literary or dramatic agency for the placing of books or plays. ——___—__+—~>— GENERAL NOTES. “THE AUTHOR.” Members are reminded that The Author is not published in August or September. The next issue will appear in October. Str Witiram Anson, Barrt., P.C. Str W. R. Anson, whose death was announced early in June, was a member of the Society, which he joined in 1904, and of its council, to which he was elected in the same year. Sir William’s most important literary work was “ The Law and Custom of the Constitu- tion ’’—a subject on which he was a recognised authority. In another branch of law, his “Principles of the English Law of Contract,” was recognised as a standard work and a very lucid exposition of the subject. In his public work, Sir William Anson was notable chiefly as an authority on education, and was Parliamentary Secretary to the Board of Education in Mr. Balfour’s Ministry from 1902—1905. THE AUTHOR. (JULY, 1914, AGENTS. Durtinc the past few months many inquiries. have been made by members, who have for- warded the papers and prospectus of agencies. claiming to place literary and dramatic works. In the vast majority of these cases no names are to be found on the notepaper of these concerns, the principals preferring to hide their dim lights under some such titles as ‘ The International Placing Syndicate.” We cannot emphasise too strongly how dangerous it is for members to entrust their works to unknown parties. The very fullest inquiries should be made beforehand as to the bona fides of the persons running them. In not a few cases these agencies are little else than typewriting offices whose principals find that a pretence of literary agency enables them to get from authors an amount of typewriting which none of their competitors—i.e., type- writing offices—could obtain in_ legitimate business. We have had occasion previously to point out no special qualifications are needed for the starting of a literary or dramatic agency, and anyone, however slender his qualifications, or however grave his disqualifications may be, is enabled to engage in this form of industry. We confess to some surprise that the genuine literary agents in this country have not set up some body charged with the duty of formulating rules of professional etiquette for the protection of their profession. Tur INDIAN Copyricut Act, 1914. WE have pleasure in providing readers of The Author with the Indian Copyright Act of 1914, as a supplement to the current number. There is very little to be said about it, as it practically adopts the Act of 1911. The most important difference lies in clause 4, Under this clause, in the ease of works published in British India, the arrangement with regard to the rights of translation has been modelled on the lines of the Berne Convention and the Act of Paris, but not on the Convention of Berlin. This arrangement will most probably only affect those books that are published by natives in British India and will not make any serious difference with regard to the works of English writers. Attention, however, should be drawn to the fact that Mr. Rudyard Kipling’s first efforts were published in India prior to publica- tion in England, and it is possible, therefore, that in exceptional cases the Act may interfere with the writings of English authors. — ‘ t  JULY, 1914.] MECHANICAL CONTRIVANCES AND ORCHESTRAL ACCOMPANIMENTS. WE invite the attention of composers to the case of Chappell v. The Columbia Gramophone Co., a report of which appears in another column. We do not claim to know the motives of Messrs. Chappell & Co. in taking this action, but the effect of the judgment delivered will not, as far as we can see, be to help composers who are anxious that their works should be reproduced mechanically. In effect, it amounts to this, that a composer may assign his mechanical instrument rights to the publisher, who may, if he chooses, make it almost impossible for the mechanical instru- ment trade to take up the work. The publisher—if the composer foolishly allows him to hold the copyright—has only to refuse to allow the reproducer to make the manuscript orchestral accompaniment which is necessary for the manufacture of the record. We believe that Messrs. Chappell & Co. are now engaged in the manufacture and sale of contrivances for the mechanical reproduction of music, and if they have succeeded by this action in abolishing the competition of their rivals, we hope that composers will be wise enough to see that they get for the transfer of their rights to Messrs. Chappell something much more substantial than the fees laid down im the Act. Those fees were fixed by the Legislature as representing what—rightly or wrongly, we think wrongly—-was regarded as a fair return from the mechanical instrument trade for the use of the composer’s work. It must be remembered, however. that they were not fixed as a fair return for the ewclusive use by any one firm. ——————_+ —<—_+—_____—_ THE LAST OF THE PRE-RAPHAELITES, THEODORE WATTS-DUNTON, 1832—1914. N the death of Mr. Theodore Watts- I Dunton, on June 6, the literary world loses one of its greatest veterans and the Society of Authors one of its oldest members. In his study, where his old friend and secre- tary, Mr. Thomas Hake, had left him for a few minutes, he passed awayas hewould most, prob- ably have wished to pass away, In the midst of the work to which he was so devoted. His hours of labour would have shamed a man of half his eighty-two years. From seven in the ee until nine at night he was always occupied, anc until quite recently would sometimes accom- THE AUTHOR. 279: pany Ms charming and accomplished wit to T ee nusement in the evening. ae oe - Ais’ generation 1S perhaps the , ate that can befall a man; but this cannot tly be ad of Mr Watton, ho s ‘ no generation in particular. His interest in the life of to-day, a life so different from that of his own youth and early manhood, was strangely keen and insistent. Sometimes, in talking of his great contemporaries, Tenny- son, Meredith, Swinburne, Rossetti, Morris, Borrow, there would creep into his voice a note of retrospective sadness ; but it always seemed poetic rather than personal. It may be said that he never really grew up, his spirit never’ became tired. His laugh was as youthful as was the hearty “‘ My dear fellow ” with which he would address his friends. Good work he: recognised and praised, no matter from what source it came, and his punctilious courtesy in dealing with a mass of letters from unknown correspondents savoured of another century. He possessed the true gift of conversation. Every subject seemed to develop quite natur- ally out of what had preceded it, and although in a single hour he would have passed from Aischylus and Sophocles to twentieth century publishers, there was never any break or suspicion of a change of subject. Seated on the sofa in the middle of his study, with reminders of his friendship with Rossetti gazing down upon him from the walls, Mr. Watts-Dunton received his friends with that almost boyish cordiality that so endeared him to their hearts. If they had been doing any- thing of which the world knew, he would be sure to have heard all about it. His mind was as alert as his memory was remarkable ; but above all he was possessed of a very real charm of personality, a charm that did not -anish before the on-coming years. In literature and criticism he stood for enthusiasm. His gospel as a critic was to seek for the good that is to be found in most things, literary or otherwise, and, what is perhaps most remarkable in one who has known so many great men, he never seemed to draw invidious comparisons between the writers and. artists. of to-day and those of the great Victorian era. In addition to a number of articles hidden away In periodicals, his long life produced a romance (“Aylwin”), a sheaf of poems (‘* The Coming of Love’’), two of the most stimulating critical pronouncements eet ne century has produced ( Poetry ” and e Renascence of Wonder ”), and, what he per- haps valued most of all, a host of friends ; for he had a great capacity for friendship.  bo 80 I remember one day, when we were discuss- wno his two essays © Poetry — and ‘ The Renascence of Wonder,” I ventured to remark that I considered the last-named in a way the more remarkable of the two as containing his own particular _battle-cry. He was obviously pleased, and told me how deplorably it had been cut down because only a certain space had been left for it in “C hambers s Cyclopedia of English Literature,” and how prodigiously it had grown under his hand. ‘At the time of his death he was engaged upon restoring the passages that he had been com- pelled to sacrifice. = During the last few weeks of his life he spoke frequently in a way that seems now to suggest that he saw the end was not far off. His keenness for work was not so great, and he slept a great deal. A tired body was gradually quenching an almost indomitable spirit, which one afternoon quietly slipped away, leaving him to all appearances peacefully sleeping. HERBERT JENKINS. ————_ + —~<—_+—_____—_- UNITED STATES NOTES. T the meeting of the American Library Association in Washington, at the end of May, the president, Mr. KE. H. Anderson, vigorously denounced the shame of the book tariff—‘‘ an imposition,” comments the Dial, ‘‘ endured by only two of the great Powers of the world, our own country and Russia.”’ The Dial continues : ‘‘ Of course it is an old story, but it is likely to be considerably older before the disgrace is wiped out and we are able to hold up our heads and claim a place among the nations enlightened enough not to lay a penalty on the acquisition of knowledge. Fifty per cent. higher now than before the Civil War, the present duty on imported English books fails ridiculously to yield any considerable revenue or to foster home industry in the manufacture of books. . . . If, then, as a tariff for revenue, the book tax yields only a negligible return compared with our total revenue, and if as a protective tariff it fails to protect or, at most, furnishes ignoble shelter to an unworthy few, why suffer it to remain on the statute book ? ” Why, indeed ? is a question which occurs to -others besides Americans. My list of new publications is somewhat shorter than usual at this time of year, owing to the late publication of the last instalment of these notes. Fiction, which keeps up its THE AUTHOR. JULY, 1914] numbers, may be left to the end. Biography makes but a small show. Will Levington Comfort calls his reminiscences ‘* Midstream.” To the American Crisis Biographies the newest addition is Daniel Webster, by F. A. Ogg. Among _ historical works are * California under Spain and Mexico,” by Irving Richman ; “The Mexican People: Their Struggle for Freedom,” by L. Gutierrez de Lara and Edgecumb Pinchon: “Old Panama and Castilla del Oro,”’ by Dr. C. L. G. Anderson ; “The Negro in American History,” by J. W. Cromwell; ‘‘ The Rise of the American People,” by R. G. Usher; and “ The Reformation in Germany,” by Professor H. C. Vedder. On the borders of this class is ‘* The History of the Soldiers’ Home in Washington,” by E. A. Lawton. ‘* A History of Education in Modern Times ” is by Professor F. P. Groves, of Pennsylvania University. Another educational work is ‘“ The Backward Child,’ by Barbara Morgan. C. and M. Beard write of ‘ American Citizenship ’’?; W. E. Walling of * Progressiv- ism—and After’; and E. D. Kenna of * Rail- way Misrule.” Travel and open air books include “ India, Malaysia, and the Philippines,” by Bishop W. F. Oldham ; ‘‘ Roughing It De Luxe,’ by Irwin Cobb ; “‘ Europe after 8.15,” by H. L. Mencken, G. J. Nathan, and W. H. Wright ; ‘“‘ Life Histories of African Game Animals,” by Theodore Roosevelt and Edmund Heller ; ‘* A Stepdaughter of the Prairies,” by Margaret Lynn; and ‘“‘ The Commuter’s Garden,” by W. B. Hayward. ‘** Stellar Motions” is by Professor W. W. Campbell, of Lick Observatory. A philoso- phical work is ‘‘ The Ego and its Place in the World,” by C. G. Shaw. The same classifica- tion can hardly extend to ‘‘ The Message of New Thought,”’ by Abel L. Allen, or ‘‘ Letters from a Living Dead Man,” by Elsa Barker. “ The Seen and the Unseen at Stratford-on-Avon,” by W. D. Howells, is, of course, already familiar to English readers. Perhaps the most notable book of essays is ‘“* The Lawyer in Literature,” by Judge J. M. Gest. And now the plunge has to be made into the novel class. This time, unlike the last occasion that these notes were written, women writers are not very numerous. Of those who sign with feminine names I notice Mary Vorse, author of ‘‘ The Heart’s Country” ; Alice D. Miller, “‘ Things’?; Marian Keith, ‘“The End of the Rainbow ”’; Dorothy Dix, ‘“‘Mirandy ’’; Margaret Gerry, ‘“ The Masks of Love”; Lucy Pratt, ‘ Ezekiel Expands ” ;  JULY, 1914.] and Daisy Rhodes Campbell, “ The Fiddling Girl.” ““Vandover and the Brute” is the name of the curiously recovered novel by the late Frank Norris, which disappeared in the San Francisco earthquake. ‘ The Hills o Hampshite’ is by W. M. Cressy and Clarence Harvey; “ Cordelia Blossom ”’ by G. R. Chester; ~ The Boomers,’ by Roy Norton ; “Glory of the Pines,” by Ww OC. Covert ; “ Under Handi aps,” by J. Gregory ; _ New Men for Old,” by HY. O’Bricn ; The Professor and the Petticoat, by A. S. Johnson ; ‘‘ Horacio,’ by R. W. Fenn 7“ The Salamander,” by Owen Johnson ; “ Henry of Navarre, Ohio,” by Holworthy Hall ; “The Quarterbreed,”’ by BR. A. Bennet ; “ The Green Seal,” by C. E. Walk; “Idle Wives,” by James Oppenheim ; ‘** At Bay,” by George Scarborough ; “‘ Captain Dan Richards,” by E. T. Tomlinson; ‘On with Torchy,” by Sewell Ford ; ‘“‘ Sweetapple Cove,”’ by G. van Schaick; ‘The Marryers,” by Irving Bacheller; ‘“‘ Keeping up Appearance,” by M. Foster: and “ With the Best Intention,” by Bruno Lessing. The literary obituary of the past few months is not very large. On April 2 died E. P. Morton, a prominent student of English verse, and a. professor at several American universities in turn. On April 7 Cy Warman, often styled “the poet of the Rockies,” died in Chicago. He wrote. besides verse, many railroad stories and edited more than one paper. The death occurred at Capri on April 12 of Thomas Spencer Jerome, known among scholars for his studies of the Roman Empire, which led him to take up his permanent residence on the island where he died. On May 21 died Rudolf Tombo, junior, associate professor of Germanic languages at Columbia University, where he was also registrar and editor of the quarterly magazine. On May 26 died Jacob A. Riis, a Dane bv birth, but since 1870 an American. He wrote extensively about slum life in the States and was one of ex-President Roosevelt's en hers. oe Pup WALSH. —+— + ARE NOVELS TOO CHEAP ? — a1 DO not believe in the advisability of placing artificial restrictions on the price of any commodity. I believe that the price arrived at by the haggling of the market, the point of agreement between producer and con- sumer reached by free bargaining, 15, if not THE AUTHOR. 281 ally fair and just than that which could be arrived at by any other means. If instead of this natural price you want something more ideally fair, you are faced by two great difficulties. : ; rhe first is that you have to find out who are the proper people to decide it. The second is that you have to find out how the decision is to be made practical and effective. If the price is decided by a representative body of producers, it is almost certain, such is human nature, to be a little unfair to the consumers. If it is decided by a representa- tive body of consumers it is likely to be a little unfair to the producer. If you want it decided by a body equally representative of producers and consumers—well! how are you going to find that body, and to make it act in accord, and how are you going to make its decision effective ? That is the second difficulty. The arti- ficially arranged price has to be maintained by artificial means. It can be done when the producers are sufficiently united and have fixed on a price that is not quite fair to the consumer. For example, the lawyer can charge 6s. 8d. for an opinion that from a purely outside point of view is often worth only 1s., and the doctor can charge 8s. 6d. for advice and medicine that in many cases the chemist would give for the odd 6d. In the same way the consumers, when of one mind, can put an end to a high-priced product, as we have practically put an end to the sale of English cheese because its price is higher than that of the colonial article. Now we novelists have not the doctors’ or the lawyers’ power of making a close preserve of our business because, while nobody would think of entrusting his legal interests or his health to a tyro who had given a few months only to the study of law or of medicine, quite a large proportion of the reading public show now and then that they prefer a school- girl’s maiden effort to the latest expression of a master novelist’s art. If all the existing novelists and all the existing publishers agreed together that no novel should be issued at less than 6s. it would merely throw open a rich field for the new novelists and the new publishers who would hasten forward to supply the undoubted demand for cheaper editions. If all the booksellers joined in the 6s. Meese their place would quickly be taken by oe ee agents and the drapers. The covena®. would find themselves in the wilderness, —_—_—a4 282 whilst the competition of the neweomers and of supply and demand would the natural play ya de the minimum price of the continue to deci novel. ae For this reason I look upon any discussion as to what the minimum price ought to be, and whether novelists should not combine to fix and maintain that minimum, as purely academic. But if no artificial restriction can be placed on the minimum price at which novels should be sold, if it is left to the free play of demand and supply to decide what is the lowest price at which a new or comparatively new novel shall be placed on the market, IT think no artificial restriction should be placed on the maximum price at which such novels should be sold. And when we come to the maximum price, we are on very different ground. We are no longer considering the theoretical advisability of an artificial restriction on prices which in practice is impossible, we are considering an artificial restriction which is in force; and it is of the utmost practical pertinence to ask whether the artificial restriction is a fair thing and, if not, whether there are any means by which it can be combated and removed. We are not asking whether as novelists and publishers we should be justified in combining to maintain a certain arbitrary price for the novel; we are asking whether we ought to allow a combination of consumers to rob us of the advantages of an open market while they do nothing to protect us from its dis- advantages. That the 6s. decided upon by an adamant tule as the maximum price at which a new novel can be placed on the market is absolutely arbitrary and artificial is, of course, proved by the history of its inauguration. It was not arrived at by any of that gradual bargain- ing which enables buyer and seller to discover the price which is fair to both. In a day the price of the new novel was changed from a guinea and a half to 6s., and I challenge any individual concerned in that abrupt change to give me any reason why the price should not have been 1s. more or 1s. less. Even if, by some miraculous means, the librarians, booksellers, publishers and authors who agreed on the sensational change did arrive at the precise price that was equally fair and advantageous to every interest con- cerned at the moment, twenty years have passed, and the price that was fair to every- body then must surely have been affected by the changing conditions which have given THE AUTHOR. [JULY, 1914. us the flood of 6d. paperbacks and the nicely bound and printed comparatively new novel for 7d. As the value of the well-bound and well-printed novel which one can place on one’s bookshelf decreases so the one advan- tage which the new novel has over these chaste and cheap reprints, its newness, calls more and more for proper recognition and valua- tion. Twenty years ago the market value of newness was emphasised almost sensationally. If you wanted the latest novel of Ouida or Miss Braddon as soon as it was published, you had to pay a guinea and a half, and got the story in three volumes. If you were content to wait a little while you could get it in coloured boards for 2s. That may have been an over-emphasis of the value of newness, and the three volumes were certainly very inconvenient for the lending libraries to handle, but I imagine that it was nearer the mark in its appreciation of the value that readers place upon newness than the present system, which fixes the value of the absolutely new novel at a price so low that it does not allow the actual valuations of the reading public sufficient margin in which to express itself. If, for instance, you can obtain a new novel of Mr. Wells’ straight from his brain, when everybody is discussing it, for 4s. 6d., then 44d. is quite enough to pay merely for the pleasure of reading it in paper backs when the excitement and novelty are over and the discussion has ended, and 7d. is quite enough to pay to put it on one’s shelves. The prices are all dependent upon each other, and if at any point the delicate process of finding out true values by experiment in a free market is obstructed by an arbitrary and artificial restriction, the effect of that restric- tion will be felt throughout the whole process. Because the maximum price of the new novel has not been arrived at by the haggling of the market and does not represent any natural value discovered by the free play of supply and demand, that artificial and arbitrary price stands as the dominant factor affecting supply and demand. Because the maximum price is too small to give the publisher much return on the normal sale of a normal novel the publisher puts out as many books as possible in order to make a fair income out of many small profits, and I think he gives much less individual care to each novel than a publisher used to do under the old system. Similarly the novelist is urged by the small- ness of his return to increase his output,  -and as it easily m JULY, 1914.] especially when he realises that, having onee obtained his entrée to the circulating libraries, the quality of his work matters cee ae and that his sales are unaffected by the praisc or blame of the reviewers. This tendency is so marked that the librarics in their own defence have had to place an artificial restriction on the supply. And as the 6s. maximum has inereased the supply of novels while lowering their quality, so it has increased the demand while making that demand less discriminating. In the days of the high-priced new novel, when a subscription to a good library cost something, readers took some care in their selection. They read and were influenced by reviews. Now the subscription rate is so small that people of quite moderate means will save themselves the trouble by taking half a dozen books at a time, more or less at random. It is probable that out of the six a reader will find only one to read and enjoy and will merely glance at the others, but the transaction gives no indication of the reader’s preference to the librarian, who is supposed to gauge the taste of his patrons from their selections and to make his purchases accordingly. Considering the important position which the circulating library holds as a medium between writer and reader, it would appear to me lacking in sensitiveness—economical sensitiveness— to the taste of its readers. And this through a failure to graduate its subscription rate. Some of the libraries have, I know, two classes of subscription, the cheaper entitling one to borrow books six or twelve months old. But the differentiation is clumsily inadequate. The value which many novel readers place upon freshness is almost equal to that of the news- paper reader and the magazine Yr sader, who would rather pay 6d. for a current copy than 1d. for a copy a week old. It is possible that the price which an active novel reader would give to read a novel which is being considerably discussed in the first week of its appearance is double that which he would be prepared to pay for the reading a week later. It is certain in the case of a great many readers that the value has gone down to half after the first month. And this quick change of actual value Is in no way represented by change of prices, as it would be in a free and sensitive market. ight be if we were not under cadening rule of uniformity both as to the price at which new novels shall be sold and the price at which they shall be lent. No subscriber to a circulating library, the thrall of this d THE AUTHOR. 283 ae week of the time whe i 2 7 ee _ OF ( en he wants it. In the provincial libraries at least, when one wants a new book at all in demand, one puts one’s name down on a list and waits until the other readers who put their names down first have taken their varying periods for perusing the one or two copics bought to supply their needs. One may have to wait several weeks for one’s turn. Now in a ease like this, where the demand is greater than the supply, the economic way of adjusting them is to make a competitive price. The limited supply is doled out to the demanders not in the order of their foresight or agility in getting their names down, but in the order of their eagerness as that eagerness is shown by the price they are prepared to pay for its satis- faction. Personally I should be prepared in the case of many novels to pay considerably more than the small fee demanded by my provincial library for the privilege of reading a book, if I could have the greater privilege of having the first dip at it, and it seems to me an economical blunder on the part of the libraries that there is no method arranged by which we could mutually oblige each other. It is as clumsy as if the manager of a theatre charged the same price for every seat and left the boxes and the stalls to be seized by the first-comers. But it is the natural result of a system which while it gives full play to competition in cheap- jal restriction on any ness places an artific by practice the actual attempt to discover value of newness. I think myself that combination which, the iron edict of a strong while it has no power and makes no attempt to put a bar on the too-cheap novel insists on a maximum that has no logical relationship cither with supply or demand, is at the root of all the evils of which novelists, publishers and booksellers, as well as the librarians themselves, complain of to-day, and ought to be broken down if the trade in novels is to remain anything more than an unhealthy gamble for big sales. . HerBertT FLOWERDEW.- ao MATILDE SERAO. —— 1 ATILDE SERAO’S father — was. the editor of the Giornale di Napoli, and in consequence she was brought up in a literary atmosphere. It would have been an easy matter for her to have contributed to  284 her father’s paper, but she preferred to find recognition on the merits of her writings alone, and at the age of seventeen, under the pseu- donyme of “‘ Tuffolina,” she sent out a sketch, “ Fanciullo biondo ” (fair youth), which found a ready publisher; this encouraged her to write another, “ Il Cristo d’Altamura,” which was immediately accepted for publication, the editor writing to ask her for a story at her own fee. She wrote it in two days, and asked 30 lire (about 24s.) for it, which she received by return of post. So she began. Soon all local papers wanted contributions from her able pen, and she wrote many articles and stories, which were subsequently collected in book form, her earliest efforts appearing in a little volume called: ‘‘ Dal vero.” She also helped her father in his editorial work until she went to Rome in 1885 and married Edoardo Searfoglio, and published with him a paper called Il Corriere di Roma, so becoming a journalist as well as an author. She wrote so much, her books were reprinted so often, that it is difficult to get a complete and chrono- logical list of her works ; the following are the most important :— = Opale” (a novel) (1878), ~ Leggende napoletane ” (1881), “‘ Piccole anime ”’ (1883), “T] ventre di Napoli” (1884), “La virti. di Ceechina”’ (1884), “‘ Il romanzo della Fan- ciulla ” (1885), ‘‘ La conquista di Roma” (1885), “Pagina azzurra”’ (1885), “ Vita e avventure di Riccardo Joanna ” (1887), “ Fior di Passione’”’ (tales) (1888), “ All’erta senti- nella!” **Terno secco,” “Trenta per cento,” ete. (stories) (1889), ‘‘ Addio amore !”’ (1890), “Tl paese di Cuccagna’’ (1891), ‘‘ Piccolo Romanzo’”’ (1891), ‘‘ Fantasia”’ (1892), * Castigo ’’ (1893), ‘Gli amanti’’ (pastels) (1894), “ Le amanti ”’ (stories) (1894), “ L’in- ‘differente *” (1896), “‘ Donna Paola’’ (1897), “ Storia di una Monaca ”’ (1898), ‘‘ Nel paese ‘di Gesu’”’(1900),**Animasemplice,” ‘ Ballerina” (1901), “‘Lettere d’amore”’ (1901), ‘‘Madonna e Santi nella fede e nella vita ”’ (1902), ‘ Storia di due anime ” (1904), “* Dal vero ” (sketches) (1905), “Dopo il perdono”’ (1906), “‘ Ster- minator Vesevo ”’ (1906), ‘‘ Cristina,” ‘ Sacri- legio ” (two stories) (1908), ‘* Cuore Infermo ”’ (1908), San Gennaro nella leggenda e nella vita ’* (1909), ‘* Capelli di Sansone” (1909), Pellegrino appassionato ” (1911), ‘‘ Evviva la vita !’ (1911), “ Evviva la guerra ! ”’ (1912), La mano tagliata *» (1912). ie ee ay have coe published in Eng- - okid ae Love! (translated by Mrs. eo leinemann (1894); ‘* The Land “ockayne,”’ Heinemann (1901) ; “ Fantasy ”’ THE AUTHOR. [JULY, 1914. (translated by H. Harland and P. Sylvester), Heinemann; ‘‘The Ballet Dancer” and “On Guard,” Heinemann (1901); “ The Conquest of Rome,’’? Heinemann (1902); ** In the Country of Jesus ” (translated by Richard Davey), Heinemann (1905) ; ** After the Pardon,” Eveleigh Nash (1909) ; ‘‘ The Desire of Life”? (translated by William Collinge), Stanley Paul & Co. (1911); “ Dopo il Perdono ” was written in dramatic form in collaboration with Pierre Decourcelle and acted as a four-act drama in Naples in 1908. Matilde Serao’s novels have been translated into many foreign languages, and she is the foremost woman writer in Italy to-day, yet I do not think she is sufficiently known, or widely read, in England; maybe the choice of the works which have been so far translated are not those which show her insight into human passions to the best advantage. In Italy, as a writer, she does not excel for style or choice of subject, she does not use beautiful language, nor does she display great originality in her plots or dénoue- ments; but she is intimate with “love” in all its phases, in all its shades, in all its triumph, but, most of all, in all its tragedy. Most of her novels are enlarged snapshots of life with variations on the love theme, which runs through all her books, though the “ Conquest of Rome” is a tale of parliamentary life, the ““ Avventure di Riccardo Joanna” is meant as a warning to would-be writers as to thorny path which awaits aspirants of the pen, tl paese della Cuceagna” is a romance of Nea- politan life, and the “Paese di Gesu” is a book of reminiscences of a trip to Palestine, as ‘“* Evviva la guerra!’ is an echo of the Italian war in Tripoli, and ‘‘ Sterminator Vesevo ” is a diary of the eruption of Vesuvius in April, 1906. Though Matilde Serao has written many and lengthy volumes, I am going to make no apology for dwelling on three tiny books of hers which are not known generally, on account of the fact that, as yet, they have not been translated into English; they are: “Gli amanti,” ‘‘ Le amanti,” ‘‘ Lettere d’amore ”— Lovers (masculine), Beloved (feminine), and Love letters. Matilde Serao describes every form of love, but her own conviction is that in love there are more sufferers than sinners, more sorrow than joy; yet she believes the world is well lost for the sake of love. She goes even further in her analysis of this absorbing human passion, and compares it to a devouring flame which gives no respite, which knows no mercy, which does not reason and which cannot be conquered, for even virtueis  JULY, 1914.] powerless against the devastating power of passionate love. In “Gli amanti” we en- counter the various forms of love, we are led into the intimacy of many hearts and are shown how the various souls of lovers feel love ; in this little book some love sensually, others idealise passion, some arc true till death and even die for their love, others only find pleasure in change; some love with their heads, some with their hearts, others merely with their senses ; but they are all true to life not overdrawn nor toned down. ‘** Le amanti ”’ introduces us to various types of women in love. From these sketches I will quote a dialogue the directness of which is most appealing. It is summer, and a moon- light night, Massimo makes love to Luisa because he feels sentimental, and she falls desperately in love with him. He is her first love, but has to tell her he is in love with another, and this is what they say :— ‘“* Do you love her very much ? ” ‘“*T love her. When one loves, one loves- “* Have you loved her a long time ? ” *“ A very long time.” ** Since when ? ”’ ** Since always.” ‘“* Have you never loved any other ?’ “No—never. There is a love that admits of no other.” Yet the woman whom he loved did not love him, as the following dialogue shows :— ‘** Does she love you? ” “No.” ‘6 2 She does not love you?’ No, not at all.” “‘ Did she ever love you?” Never.” “Have you any hope?” None.”’ “‘ Why does she not love you? ” ‘Because there are some people who never do love.” He knows he is only a toy, a slave, yet he cannot tear himself away for—such is love. “Tettere di amore” (Love letters) has a sub-title which explains their object, : I perché della morte,” or ‘“ Why love dies.’ Matilde Serao thinks that to love completely it is necessary to love with heart, senses, nerves, and sentiments, therefore to logically love is to give oneself up entirely and_be consumed by an overwhelming passion. Yet to do this is inevitably to give love its death- blow, for, having reached ecstasy, one can get no higher, nor stand still, therefore only by an eternal parting can one prevent love's dissolu- tion. Matilde Scrao thinks that it is better to ° ‘ . THE AUTHOR. 285 suffer cruelly through the disappearance of the beloved than to be tortured by lies and secret and vulgar betrayals of a dead love that vainly tries to keep alive only for pity’s sake. It is best for lovers to separate, to end the romance whilst still the rapture lasts, so that at least remembrance may survive of glorious days gone by, undimmed by the tepidity of the penultimate or the icy coldness of the last days. _ Matilde Serao gives us lovers and loves that linger on in our mind, and make us think ; they are all so real, we get to know them so: intimately that our very heart beats with theirs. Matilde Serao should be read if only for this, that she has the gift of creating visions. On the tree of Love many flowers blossom, some sweetly perfumed, others scent- less, some brilliantly hued, others almost colourless, some exotic and intoxicating, others. appealing by their serene simplicity. In our hours of rest the flowers of remembrance blossom, and we can see again the faces we once loved, the radiant sunshine that long ago did play on our well-beloved’s tresses entwining them round our hearts, or, maybe, some cherished name written in letters of gold on a cloudless sky. The heritage of past raptures is an after-glow which warms the most lonely, the darkest places of our soul shedding a great light—for this, in the heyday of our lives, we should cultivate Love. E. S. Romero-TopEsco. > oe MEMORIES OF MY YOUTH, 4844—1865.* HERE are few literary forms in reality more difficult than autobiography. This is not the opinion of the generality of people, and the familiar assertion that every man has one book in him is usually understood to mean that the book in question would be a record of the writer’s personal feelings and experiences. In fact, however, that would be very seldom likely to be the case ; for any able representation of a man’s self invariably presents formidable problems, and to arrive at any becoming solution of them demands no ordinary skill. For this reason Dr. Putnam's. “Memories of my Youth” deserves high praise, and should mect with a wide welcome as a work in which the serious difficulties of autobiography have been most happily sur- 2 eS * By George Haven Putnam. G. Putnam’s Sons, New York and London. 1914.  284 her father’s paper, but she preferred to find recognition on the merits of her writings alone, and at the age of seventeen, under the pseu- donvme of “‘ Tuffolina,” she sent out a sketch, “ Fanciullo biondo ”’ (fair youth), which found a ready publisher ; this encouraged her to write another, “ Il Cristo d’Altamura,”’ which was immediately accepted for publication, the editor writing to ask her for a story at her own fee. She wrote it in two days, and asked 30 lire (about 24s.) for it, which she received by return of post. So she began. Soon all local papers wanted contributions from her able pen, and she wrote many articles and stories, which were subsequently collected in book form, her earliest efforts appearing in a little volume called: ‘Dal vero.” She also helped her father in his editorial work until she went to Rome in 1885 and married Edoardo Scarfoglio, and published with him a paper ealled Il Corriere di Roma, so becoming a journalist as well as an author. She wrote so much, her books were reprinted so often, that it is difficult to get a complete and chrono- logical list of her works ; the following are the most important :— ‘““Opale”? (a novel) (1878), “‘ Leggende napoletane ” (1881), “ Piccole anime ” (1883), “ I] ventre di Napoli” (1884), “La virti di Cecchina ”’ (1884), ‘Il romanzo della Fan- ciulla’”’? (1885), ‘‘ La conquista di Roma” (1885), ‘Pagina azzurra’’ (1885), “ Vita e avventure di Riccardo Joanna ”’ (1887), ** Fior di Passione ’’ (tales) (1888), ‘‘ All’erta senti- nella !’’ **Terno secco,”’ “Trenta per cento,” ete. (stories) (1889), ““ Addio amore !” (1890), “Tl paese di Cuccagna’’ (1891), ‘* Piccolo Romanzo”’ (1891), “ Fantasia” (1892), “ Castigo” (1893), “Gli amanti’”’ (pastels) (1894), “ Le amanti ” (stories) (1894), “ L’in- diferente ” (1896), “ Donna Paola” (1897), “ Storia di una Monaca ”’ (1898), “ Nel paese di Gesu : (1900),**Animasemplice,” ‘ Ballerina” (1901), ““Lettere d’amore”’ (1901), ‘‘Madonna e Santi nella fede e nella vita ”’ (1902), ‘‘ Storia di due anime ”’ (1904), ‘‘ Dal vero ” (sketches) (1905), “Dopo il perdono” (1906), ‘‘ Ster- minator Vesevo ” (1906), ‘‘ Cristina,’ ‘ Sacri- legio ”’ (two stories) (1908), ‘‘ Cuore Infermo ” (1908), San Gennaro nella leggenda e nella vita ” (1909), ‘Capelli di Sansone *’ (1909), “ Pellegrino appassionato ” (1911), “ Evviva la vita !”” (1911), ‘‘ Evviva la guerra ! ’’ (1912) La mano tagliata ” (1912). ce oe Sigh published in Eng- Hi. Harland) Hei a ao 2 Ca einemann (1894); ‘‘ The Land ayne,’’ Heinemann (1901) ; ‘‘ Fantasy ”’ 3 THE AUTHOR. [JULY, 1914. (translated by H. Harland and P. Sylvester), Heinemann; ‘‘The Ballet Dancer” and “On Guard,’ Heinemann (1901); ‘ The Conquest of Rome,”? Heinemann (1902); “ In the Country of Jesus ” (translated by Richard Davey), Heinemann (1905); “After the Pardon,” Eveleigh Nash (1909) ; “* The Desire of Life’ (translated by William Collinge), Stanley Paul & Co. (1911); ** Dopo il Perdono ” was written in dramatic form in collaboration with Pierre Decourcelle and acted as a four-act drama in Naples in 1908. Matilde Serao’s novels have been translated into many foreign languages, and she is the foremost woman writer in Italy to-day, yet I do not think she is sufficiently known, or widely read, in England; maybe the choice of the works which have been so far translated are not those which show her insight into human passions to the best advantage. In Italy, as a writer, she does not excel for style or choice of subject, she does not use beautiful language, nor does she display great originality in her plots or dénoue- ments; but she is intimate with “love” in all its phases, in all its shades, in all its triumph, but, most of all, in all its tragedy. Most of her novels are enlarged snapshots of life with variations on the love theme, which runs through all her books, though the “* Conquest of Rome” is a tale of parliamentary life, the “ Avventure di Riccardo Joanna” is meant as a warning to would-be writers as to thorny path which awaits aspirants of the pen, “ Ul pacse della Cuccagna ” is a romance of Nea- politan life, and the “Paese di Gesu” is a book of reminiscences of a trip to Palestine, as ‘“‘ Evviva la guerra!’ is an echo of the Italian war in Tripoli, and ‘‘ Sterminator Vesevo ” is a diary of the eruption of Vesuvius in April, 1906. Though Matilde Serao has written many and lengthy volumes, I am going to make no apology for dwelling on three tiny books of hers which are not known generally, on account of the fact that, as yet, they have not been translated into English; they are: “ Ghi amanti,”’ ‘* Le amanti,”’ ‘‘ Lettere d’amore ”— Lovers (masculine), Beloved (feminine), and Love letters. Matilde Serao describes every form of love, but her own conviction is that in love there are more sufferers than sinners, more sorrow than joy; yet she believes the world is well lost for the sake of love. She goes even further in her analysis of this absorbing human passion, and compares it to a devouring flame which gives no respite, which knows no merey, which does not reason and which cannot be conquered, for even virtue+s  JULY, 1914.] powerless against the devastating power of passionate love. In ‘Gli amanti” we en- counter the various forms of love, we are led into the intimacy of many hearts and are shown how the various souls of lovers feel love ; in this little book some love sensually. others idealise passion, some are true till death and even die for their love, others only find pleasure in change; some love with their heads, some with their hearts, others merely with their senses ; but they are all true to life not overdrawn nor toned down. : ** Le amanti ”’ introduces us to various types of women in love. From these sketches I will quote a dialogue the directness of which is most appealing. It is summer, and a moon- light night, Massimo makes love to Luisa because he feels sentimental, and she falls desperately in love with him. He is her first love, but has to tell her he is in love with another, and this is what they say :— ** Do you love her very much ? ”’ “*Tlove her. When one loves, one loves ‘** Have you loved her a long time ?” ** A very long time.” “* Since when ? ”’ “* Since always.”’ “* Have you never loved any other ? “ No—never. There is a love that admits of no other.” Yet the woman whom he loved did not love him, as the following dialogue shows :— ** Does she love you? ” ee No.”’ “* She does not love you ?’ *“ No, not at all.” “‘ Did she ever love you ?”’ Never.”’ “* Have you any hope ?’ ** None.”’ ‘““ Why does she not love you?” “‘ Because there are some people who never do love.” He knows he is only a toy, a slave, yet he cannot tear himself away for—such is love. ‘““Tettere di amore” (Love letters) has a sub-title which explains their object, . I perché della morte,”” or ““Why love dies.’ Matilde Serao thinks that to love completely it is necessary to love with heart, senses, nerves, and sentiments, therefore to logically love is to give oneself up entirely and be consumed by an overwhelming passion. Yet to do this is inevitably to give love its death- blow, for, having reached ecstasy, one can get no higher, nor stand still, therefore only by an eternal parting can one prevent love s dissolu- tion. Matilde Serao thinks that it 1s better to 9 . oe THE AUTHOR. 285 suffer cruelly through the disappearance of the beloved than to be tortured by lies and secret and vulgar betrayals of a dead love that vainly tries to keep alive only for pity’s sake. It is best for lovers to separate, to end the romance whilst still the rapture lasts, so that at least remembrance may survive of glorious days gone by, undimmed by the tepidity of the penultimate or the icy coldness of the last days. _ Matilde Serao gives us lovers and loves that linger on in our mind, and make us think ; they are all so real, we get to know them so intimately that our very heart beats with theirs. Matilde Serao should be read if only for this, that she has the gift of creating visions. On the tree of Love many flowers blossom, some sweetly perfumed, others seent- less, some brilliantly hued, others almost colourless, some exotic and intoxicating, others: appealing by their serene simplicity. In our hours of rest the flowers of remembrance blossom, and we can see again the faces we once loved, the radiant sunshine that long ago did play on our well-beloved’s tresses entwining them round our hearts, or, maybe, some cherished name written in letters of gold on a cloudless sky. The heritage of past raptures is an after-glow which warms the most lonely, the darkest places of our soul shedding a great light—for this, in the heyday of our lives, we should cultivate Love. E. S. Romero-TopEsco. ——_ MEMORIES OF MY YOUTH, 1844—1865.* — HERE are few literary forms in reality more difficult than autobiography. This is not the opinion of the generality of people, and the familiar assertion that every man has one book in him is usually understood to mean that the book in question would be a record of the writer’s personal feelings and experiences. In fact, however, that would be: very seldom likely to be the case ; for any able representation of a man’s self invariably presents formidable problems, and to arrive at any becoming solution of them demands no ordinary skill. For this reason Dr. Putnam's “Memories of my Youth” deserves high praise, and should meet with a wide welcome as a work in which the serious difficulties of autobiography have been most happily sur- Ce ee * By George Haven Putnam. G. Putnam’s Sons, New York and London. 1914.  286 mounted. Whilst the book is essentially autobiographical, its varied interests are very many, and will command the attention of numerous readers besides those actually and principally attracted by the story—a_ vivid one—of the earlier years of the writer's life. Ultimately it seems that the work will take the position of a middle volume of three, whereof the first will be Dr. Putnam's memoirs of his father (“‘ A Memoir of George Palmer Putnam”), and the third Dr. Putnam's promised ‘* Memoirs ofa Publisher.” : The present work is a record of Dr. Putnam's life from the date of his earliest recollections until the close of the Civil War into which the United States were plunged by differences of opinion about slavery. About one half of the book is devoted to the earlier years, the author’s sojourn in England in 1844, 1851 and 1860, and his experiences as a student at Paris, Berlin, and Gottingen ; and about one half to the period of his service in the Civil War from September, 1862, to September, 1865. Those whose memories can extend to the earlier years of the narrative will, as they read, find long-ago recollections awakened by Dr. Put- nam’s allusions to such subjects as the Bloomer Movement, the Chartists, strange opinions regarding the possibilities of steamships and railways, the estimation in which the citizens of the United States were held in England sixty years ago; and not a few similar things that will recall impressions of years now— alas!—far away. The appeal of these pages of the work to the constantly diminishing few to whom they can appeal is so strong that it may be doubted whether they will read with equal interest any other part of the volume. Those, however, will be certainly more numerous who will be attracted by the pages next following, recording student’s experiences of a wide and varied kind. Of the latter half of the book the interest is mainly historical ; and the historical matter here contained will have an indelible interest, as that contemporary evidence of an. eye-witness which is the virgin gold of history. Dr. Putnam seems to think that from the purely intellectual point of view he was by no means altogether a gainer by his experiences in the Civil War. ‘I had lost,”’ he writes, “‘ and was never to be in a position to regain, the opportunity for a college training. With a keen interest in literary and scholarly matters, I was obliged to do my later reading without the all-important foundation of the routine knowledge of Latin, of literary history, a Boneples of science, ete., which any youngster who has made a fair use of college THE AUTHOR. (JULY, 1914. facilities has ensured.’’ Nor does he consider these the only losses which his part in the war entailed. It would have been interesting to hear his opinion of the actual results of the settlement after the war, those problems which the emancipation of a prolific population of a lower grade of humanity has brought upon the United States. Of this, however, Dr. Putnam says nothing. The book contains also, quite naturally, but few and almost incidental allusions to the history of the well-known publishing house with which his name is associated. For information on that head we must await the ‘‘ Memoirs of a Publisher,” which Dr. Putnam promises ; which we most earnestly hope that he may find himself able to produce. The appearance of the work will be awaited with eager expectation. ——___+_>_—____—_- J. M. SYNGE.* ——~<> + MAURICE BOURGEOIS has NY / pro- A . duced a book upon John Milling- ton Synge which will, we fancy, remain for years to come an authoritative work upon the Irish dramatist’s life and art. There might, perhaps, with advantage—or, at least, with added pleasure to the reader—have been a little more about the personality of the man ; at the end of the book we feel that we have not penetrated far into that. There are, however, personalities which it is very hard to bring out upon paper, and it may be that Synge’s was one of these. Anyhow, great praise is due to M. Bourgeois for this “‘ essay ” (as he modestly calls it), and not the least for the excellent English in which it is written. Instinctively the reader looks for the translator’s name upon the title-page, so hard is it to realise that it is not an Englishman who handles the language so well. The plan of the book has been to take Synge in his early life—though he was not yet thirty- cight when he died—and trace the formative influences under which he passed, first in Ireland and then on the Continent of Europe, particularly in Paris ; next, to see how he came to write the works which made him famous ; and, finally, to deal with the works themselves in detail and to estimate their lasting value. We do not know that we can do fuller * “John Millington Synge and the Irish Theatre,” by Maurice Bourgeois (Constable & Co.).  JULY, 1914.] THE AUTHOR. justice to the book than by quoting some of the passages in which the author tries to show how the subject of his biography developed and into what he developed. We might quote much, but will restrict ourselves to four excerpts. Synge, says M. Bourgeois, ‘“‘ began by seeking self-expression in music and painting; but he found the fine arts too difficult or too vague. Next he turned to journalistic criticism ; again, he wandered over Ireland and wrote descriptive essays ; but these remained external attitudes. Synge, despite his intuitive methods, saw life through the often distorting prison of literature, or pictured his countrymen’s ways and doings necessarily from without. At last he placed himself at the core of existence by writing of himself in a few of his poems; and this inner mental development, always nearing life as it advanced, found its natural terminus in the drama.” Again, “his dramatic instinct he owed partly to the racial talent of the Irish, partly to his continental training, and partly to the environment which he found in Dublin. Yet, despite Mr. Yeats’s asseveration that * Mr. Synge is a young writer and a creation of our movement,’ he was not a product of the Abbey Theatre. It did not create him as it created others; nor did he create it. Personally he loathed the idea of ‘movements’ and of ‘schools’; and in this, as in other cases, his individual independence may be safely vindi- cated.” It is a mistake to look upon Synge as a reformer. He revolted against dramatic didacticism. ‘‘ He compares the drama with the symphony—an analogy significant in a musician like him. Synge is not a man with a message who believes that the theatre 1s a ‘criticism of life. He avowedly repudiates the ethical or sociological problem-play in- augurated by ‘ Ibsen and the Germans,’ who, it may be recalled, had found a few disciples among the early Abbey Theatre dramatists. He also, we think, implicitly alludes to the danger which threatens a self-styled national theatre: that of confusing the literary with the political standard, nationalist logic-chop- ping and propaganda with elgees Se Synge has no wish to change or re orm al thing ; his contention 1s that the oe ev = in a land of controversy like Irelan , mus remain in its purely artistic sphere. oe Finally, M. Bourgeois has no or t * ti Synge’s place in the front rank. re oo. confidently urged,” he says, tha y ae name is one of the chosen few that are bounc 287 to survive. Of course his body of work is a ere ou Sc Synge, after all, may be grudg palm given to the unique, meteoric geniuses that do mankind honour. . . . Yet no one will seriously contest that his writings bear the hall-mark of a signal literary ability and of an almost unprecedented temperament. . . . Whether he is to have actual literary disciples in English-speaking countries and elsewhere, the future will decide. As his case stands, however, with his strong, all-pervading personal note, he is not likely to find many imitators. . . . Synge’s mental and artistic idiosynerasy was almost exclusively his own while he lived ; now he is dead it will not, in all probability, become anyone else’s.”’ It should be added that the book has a very full bibliography and other appendices of value to the student ; and that it has a number of illustrations. In a few cases the reproduc- tion of the photographs is not very good, but the portraits are mostly excellent. ————_or-e<e—__- CORRESPONDENCE. ———1+ —— COLONIAL SALES. Srr,—As I have just returned from a some- what prolonged visit to Australia and South Africa, I found the article headed “ Australian Book Rights,’ in the June number of The Author, particularly interesting. While in the Commonwealth I made a special point of going through all the principal book shops in such cities as Melbourne, Sydney, Adelaide, and Perth. In each one of them I gathered precisely the same impression : books issued by English publishing houses were | being steadily ousted by books published in the United States. Now, while it is true, of course, that Austra- lians are a highly democratic people, and much hods and progress, interested in American metl it is, in my opinion, also true that consideration of the matter contained in American English books has but very slightly S05 L Australia’s exceedingly marked preference fox the former. It may seem far-fetched, but it is, I believe, a fact that American pee are selling mainly upon their covers 11 — . to-day ; and, by that token, Bnei a are going unsold, chiefly by reason 0 ” . in Australian eyes, must be admitted to be their unattractive get-up-  288 It was pointed out to me by a dozen well- established booksellers in Australia that American books were a notable asset in “ window-dressing’”’; and that the reverse was true of most books issued by English publishers. In considering this it would, of course, be highly absurd for an author to apply the standards of his own individual taste. He may very properly prefer a quiet, neat cover for his book, paper with a dull surface, and no illustrations or decorations. Quite so, Well, Australian book buyers, and—mark this point _—Australian booksellers, prefer gaily coloured picture covers, highly glazed paper, plentiful decoration and illustrations, and, it may be, gilt tops. The American publisher provides all this, whilst the English publisher in very many cases prefers to supply in his “ Colonial edition ’—Australians detest that phrase—a format somewhat more drab and unexciting than he uses for his English editions. In these circumstances I have not the smallest doubt that if a given novel, say, were issued in Australia in two forms simultaneously, one the typical English production, the other the typical American production, one hundred copies of the latter would be sold for every single copy sold of the former. The one would be prominently displayed; the other, if stocked at all, hidden away on a top shelf. All this is not very pleasant for those of us who endeavour to live by means of our work as English writers. It is, I believe, strictly true. Here is another point which should have some interest for English novelists. While in Australia, I happened upon a sixpenny edition (published in London) of a book of Mr. Arnold Bennett’s which I had never read. I bought it and enjoyed it immensely. It is a delightful piece of satire, having special interest for novelists. Since my return I have asked for that book in fully twenty large book shops, in London, Brighton, Eastbourne, ete., always without success. The other day I asked for it in a large Holborn shop, and having received the accustomed reply, I ventured upon an expression of surprise. The assistant politely told me he thought I was mistaken. He could not remember any work of fiction by Mr. Arnold Bennett having that title. I asked him to look it up in a catalogue. He did so, and found the title. Then he explained his ignorance of the book in this way: ‘‘ Ah, yes here itis. But I see it is published by Messrs. The terms they give booksellers are so very poor that we only obtain their books Noon ao ordered. i shall be glad to get you and post it on.”” And he did. But THE AUTHOR. | /author who lunches with his publisher is a (JULY, 1914, if that is the position in the case of a novelist with a big vogue, what of the selling chances for lesser known men ? I am, Sir, yours faithfully, A. J. Dawson. a a a ae AutHuors AND AGREEMENTS. Srr,—Mr. Shaw has, I believe, said that any nincompoop, and the general trend of your advices in The Author is to the effect that, if authors will simply be businesslike, all will be simple for them; if they will not be, they deserve a miserable fate. But life is not so simple and clear-cut, especially for a young author. His first play or his great novel may be appreciated by a producer or a publisher with whom he has been previously brought into friendly contact through artistic sympathy, for there are producers and publishers with artistic sympathy. Directly this friend says he will risk the work, is the author to retire into his shell, to pore over his agreements with a lynx-eye, to keep the friendly and the practical parts of his nature severely separate ? No doubt he ought to. But, in the first place, the artistic nature, of all natures, is least able to do this, and, secondly, art is the sphere in which it is least easy as yet for anybody at all to do this. Business men can carry through keen transactions and not offend each other, because to them the atmosphere is natural, and because they have behind them all the tradition summed up in “‘ Business is business.” The keenest of caution is not taken by the other party as a reflection on his honesty. But the artist, just because he hates the job, imparts an air of distrust to his suggestions, and, in his turn, the editor, publisher, or producer, likes the personal relationship. To show how partially literary business houses have absorbed the business tradition, I once went over from the publisher of a play of mine to a most highly respected establishment which I had asked to become agents for the amateur rights. In their previous letter accepting this agency they had penned some wording which did not look to me sound, and, on the advice of a pub- lisher, I asked for an alteration of the wording and for a stamped agreement. I got both, but I learnt afterwards that the representative of the firm thought I had been accusing him of the intention to steal. He thought the whole matter was so trivial that he did not think it worth business crispness, and the personal element had entered, since a mutual friend had recommended me to ask this firm  JULY, 1914.] to be my agent. I am no business man. It would be a nice point in psychology to deter- mine what I did actually think when this gentleman was unwilling to bother about an agreement over my trifling play. But in real business, men have conveniently invented the convention by which neither party is supposed to be thinking of the likelihood of the other cheating, the convention of merely being “ businesslike.’’ In fact, my agent had no right at all to wonder what I ‘‘ was at ”’ in demanding an agreement. Another case which happened to me was in regard to the editor of a newspaper. I wrote saying that as I contributed articles fairly often I should like an agreement according to which I should be paid the regular sum for each article. He wrote back intro- ducing the personal element, and leaving me with nothing to do but to apologise for having east reflections on his honour. And what was the result? Not six months later an article commissioned by him and written by me appeared in a part of his paper not usually devoted to articles and I was paid _ half price. I protested, and he told me, quite friendly, that he understood that the higher price was for articles printed on the regular page. Perhaps, even with my agreement, this contention would have held good ; never- theless it was to avoid this sort of occurrence that I had asked for the agreement. To conclude the story, he said that next month he would make good the sum—at least his vague wording seemed to imply this—and would also pay for a second article for which he had as yet paid nothing at all, and he made out that I should thus be getting “ twice as much as I ought to get.” And in the result he paid full price for the second article and did not pay the extra for the first, and no doubt he still thinks that he overpaid me, whereas I think I am owed money by him. If I had written again he would probably have been so irritated as to take less articles than before, and yet the whole thing might have been avoided by strict business on his part. Editors drive one mad by insisting on one’s interpreting what business wishes they have ; they themselves tear their hair at us unpractical authors; yet they introduce muddle themselves by insisting on retaining a patronising, personal position. At least this particular editor does. : : e Writing as a business 1s only just cing born; its etiquette is not yet formed; an so procedure is difficult. I have no intention whatever of casting the slightest imputation THE AUTHOR. 289 on the credit of my editor; yet, generally speaking, one’s caution is born of a fear of rogues, and when one applies it to a particular case, the particular case thinks he is being feared as arogue. Of course one can sometimes explain that his business may pass into other hands, but this is not universally so, and so long as business keenness is thought unnatural between literary friends, I for one shall never be comfortable in applying it to some men who are among my closest and most intimate friends. Lronarp INKSTER. THE Price oF PAPER. L Dear Srr,—I have consulted an expert in paper re C. F. Moxon’s query. The answer is: It is difficult to pronounce absolutely without seeing the paper. Thinner paper is often better because more calendered. Thicker may be loaded, but some of the thick used is of good quality. Thin paper is often the dearest. One knows the quality of paper by handling it, and good paper makes a clear tear, not jagged. M. Montgomery CAMPBELL. i Dear S1r,—In reply to Mr. C. F. Moxon’s letter re the above subject in your last issue, this is a somewhat disturbing factor in the present, production of books. Paper nowadays has not the strength or enduring quality that it formerly possessed, for there are now so many substitutes for linen or cotton, which were practically the only materials then used, and which were naturally more expensive to manufacture. The craving for cheap literature has necessitated the employ- ment of cheaper substitutes—grass, wood and ‘what not which are usually of a so-called *‘ antique”? character as regards finish. The public will sometimes appraise & volume by its bulk rather than by its literary contents, and unfortunately a few publishers have been guided by this demand for quantity rather ae quality by issuing books printed on this thick, soft, and spongy paper which is objectionable in more than one respect. a For proofs printers usually employ a thinnis paper of a closer texture so that postage may be saved but sufficiently hard to carry pen and ink in correcting the proof. The actual difference in cost between such paper and the thicker and softer paper complained  290 of is probably little, if any, but it depends on the precise weight and not substance. Your correspondent may, however, take it that the market value per pound may be about the same, but by varying the material and especially by regulating the finish it is possible that one kind may be made to bulk at least 50 per cent. more, although the two papers In the ream may be of equal weight. Perhaps later on I may be allowed to deal with this subject more fully. I am, yours faithfully, ~ Cuas. T. JAcoBi. PUBLISHERS’ REFUSALS. Srr,—We hear from successful writers that publishers and editors are anxious to receive good work, that introductions are unnecessary, and that there is a market for the writer who has some show of power. I should like to ask the opinion of your readers upon this, stating my own case in order to contradict this idea. My first book found a publisher after a weary round, it was a failure in ‘six shilling form,” but as a shilling book sold fairly well. It had received more than ordinarily good and lengthy reviews. The net gain to me has been nil. This for various causes. The second book, still unpublished, is “ full of power,” according to the publishers, ** but not suitable for the reading fare of young girls,” therefore, since apparently young girls are the sole public, the book has failed to find a home. The third book, also refused many times, is still more puzzling. A well-known publisher states: ‘‘It has merit, but I doubt its selling pro- perties.” A still better known firm returns it, together with its reader’s opinion, in which the reader states: “‘A clever sort of tale, characters rather unusual, considerable merit and cleverness, yet I cannot recommend it as a promising financial venture.” With sensa- tional fiction it is the same. One story has been returned to me as ‘‘ Too dramatic, will I write something milder?’ a second is de- seribed as, “ Plot very interesting, the story very well handled, but not quite the type of story required, will I write something else ? ”’ a third is, “* Good of its sort but too fantastic,” Se ie ere ne my work with any greater success, although each agent states that the work is good. THE AUTHOR. (JULY, 1914. Of course, publisher’s, editor’s and agent's may be soothing rejections, but, as a rule, they are not so careful of the lacerated feeling of authors, and I am coming to the conclusion that chance has more to do with mild success than even merit. Yours truly, “A Very UnsuccessFUL WRITER.” —+—— Humours oF Lirerary JUDGMENT. Dear Str,—In a spirit of exploration, and perhaps a hope of nobbling the prize, I recently entered a competition in connection with a magazine which was offering £50 for the best short story. Along with your MS. you had to send up 2s. 6d. for which, in case you were unsuccessful, you received expert literary advice on your failure. I did not win anything, and along with my returned MS. I gota letter which was well worth the half-crown, though perhaps not in the sense in which the sapient critic meant it should be. The fun of it lies in the fact that the literary adviser says my ‘‘ English is a little shaky . . . there is room for improvement in style,” and proceeds to teach me by writing his letter in English of this sort, the following being faithful quotations, ‘The heroine is presented, as perhaps you intend she to be, as rather vain,” ete. ~ Select some more elaborate plot that will give you better opportunities for elaboration.” (The italics are not in the original.) There, in one short letter, the literary adviser commits one glaring instance of awful grammar and repeats one word,—and a elumsy and inadequate word at that—in two lines. And all the while setting up as one who is qualified to instruct the young author how to write English ! Truly yours, SMILER. — ++ — Tuatr Baker’s DozEN AGAIN. Str,—If English publishers will retain that absurd “13 to count as 12,” so far as sales are concerned, ought they not in common justice to adopt a lke enumeration so far as the author’s “rights to purchase copies at trade price ’’ are concerned ? It is trivial ; but the trivialities seem always to rebound to the benefit of one side. Yours faithfully, : ARNOLD HAULTAIN.  SI6T ‘y16r “yYovyW “AOHLAV AHL -I6L “IINadV @O AVG 87 HHL INIONANWOO ‘LOV LHDIMAdOO GNVIVAZ MAN WH   — 2 IS OUI 99 10. ll. 12. 13. 14, 15. 16. 17. 18. 19. 20. 21. 22. 23. " Provisions as to Government p NEW ZHALAND. COPY RIGHE, ANALYSIS. Title. Short title and commencement. Interpretation. PART L CopyRigHt. Rights. Copyright. . No copyright except as provided by this Act. Infringement of copyright. Term of copyright. . Compulsory licenses. Ownership of copyright, &c. Civil Remedies. Civil remedies for infringement of copyright. Rights of owner against persons possessing or dealing with infringing copies, &c. Exemption of innocent infringer from liability to pay damages, &c. Restriction on remedies in the case of archi- tecture. Limitation of actions. Summary Remedies. Summary offences. Permitting unauthorized performances. Search-warrant. . Owner of performing-right may forbid per- formance in infringement of right. Application of fines. : Limitation of summary proceedings. Certain provisions not to apply to works of architecture. Importation of Copies. Importation of infringing copies. Repeal. Special Provisions a8 to certain Works. Works of joint authors. Posthumous works. ublications. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. Si 38. 39. 40. 41. 42. 43. 44, 45. 46. 47. 48. 49. 50. 51. 52. 53. 54, Repeals. Provisions as to mechanical instruments. Provision as to political speeches. Provisions as to photographs. Reciprocal protection of copyright. Provisions as to Orders in Council. Provisions as to designs registrable under the Patents, Designs, and Trade-marks Act. Works of foreign authors first published in New Zealand. Existing works. PART II. INTERNATIONAL COPYRIGHT. Power to extend Act to foreign works. PART III. CoryRiaut OFFICE. Registrar of Copyright. Copyright Office. Deputy Registrar. Seal. Fees. Registration optional. Copyright Registers. Mode of registration. Registration of assignments, &c. How registration is to be effected. Registration of work published in a series. Trusts not registered. Register to be evidence. Certified copies. Public inspection of registers. Correction of register. Rectification of register by the Court. Copies to be delivered on registration. False representation to Registrar. Copies to be delivered to General Assembly Library. Power to make regulations. Schedules.  No. 4 oF 1913. AN ACT RELATING TO COPYRIGHT. [22nd November, 1913.] Be 1 ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows :— Short title 1. This Act may be cited as the Copyright Act, 1918, and shall commence and com: ,, on the first day of April, nineteen hundred and fourteen. Interpreta- 2.—(1.) In this Act, unless the context otherwise requires,— tion. “ Literary work ” includes maps, charts, plans, tables, and compilations : “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 cine- matograph production where the arrangement or acting-form or the combination of incidents represented gives the work an original character : “ Artistic work ” includes works of painting, drawing, sculpture, and artistic craftsmanship, and architectural works of art, and engravings, and photographs : ‘Work of sculpture ” includes casts and models : “ Architectural work of art ’? means any building or structure having an artistic character or design, in respect of such character or design, or any model for such building or structure; provided that the protection afforded by this Act shall be confined to the artistic character and design, and shall not extend to processes or methods of construction : ‘“‘Engravings ”’ include etchings, lithographs, woodcuts, 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 : “ Collective work ’”? means— (a) An encyclopedia, dictionary, year-book, or similar work ; (b) A newspaper, review, magazine, or similar periodical ; and (c) Any work written in distinet parts by different authors, or in which works or parts of works of different authors are incorporated : ‘‘ Infringing,’’ when applied to a copy of a work in which copyright subsists, means any copy, including any colourable imitation, made or imported in contravention of the provisions of this Act : “* 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 :  I ve fe) ““ Delivery,” in relation to a lecture, includes delivery by means of any mechanical instrument : ** Plate” includes any stereotype or other plate, stone, block, mould, 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 : “* Court of summary jurisdiction ’> means a Magistrate or two or more Justices exercising jurisdiction under the Justices of the Peace Act, 1908. (2.) Except for the purposes of infringement 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 author, his executors, administrators, or assigns. (3.) For the purposes of this Act a work shall be deemed to be first published in New Zealand notwithstanding that it has been published simultaneously in some other place, unless the publication in New Zealand 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 places if the time between the publication in one such place and the publication in the other place does not exceed fourteen days, or such longer period as may for the time being be fixed by the Governor in Council. (4.) Where, in the case of an unpublished work, 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 if the author was during any substantial part of that period a British subject or resident in New Zone. (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 New Zealand if he is domiciled therein. PART I.—CopyricuHt. Rights. f this Act, copyright shall subsist in New 3.—(1.) Subject to the provisions © ee Zealand for the term hereinafter mentioned in every original literary, musical, and artistic work if— (a) In the case of a publishe eee lished k, the autho b) In the case of an unpublished work, th oe’ ee de oat . making of the work a British subject or resident in New ok o but in no other works, except so far as the protection conferred by this Act 1s extended by the Governor in Council pursuant to this Act. . sa (2.) For the purposes of this Act “‘ copyright *’ means the sole right to produ Pp y cl pe or re roduce the Ww rk or an substantial art Ww d work, the work was first published in New r was at the date of the the case of a lecture Copyright.  and if the work is unpublished, to publish the work or any and shall include the sole right— e, perform, or publish any translation of the work ; atie work, to convert it into a novel or other non- part thereof in public ; substantial part thereof ; (a) To produce, reproduc (b) In the case of a dram dramatic work ; (c) In the case of a nove to convert it into a dramatic work by way of performance In public 1 or other non-dramatic work, or of an artistic work, or otherwise ; (d) In the case of a literary, dramatic, or musical work, to make any record, perforated roll, cinematograph film, or other contrivance by means of which the work may be mechanically performed or delivered ; and to authorize any such acts as aforesaid. (3.) For the purposes of this Act “ publication ” in relation to any work means the issue of copies of the work to the public, and does not include the performance in public of a dramatic or musical work, the delivery in public of a lecture, the exhibition in public of an artistic work, or the construction of an architectural work of art, but for the purposes of this provision the issue of photographs and engravings of works of sculpture and architectural works of art shall not be deemed to be publication of such works. No copyright 4. No person shall be entitled to copyright or any similar right in any literary, eed “ dramatic, musical, or artistic work, whether published or unpublished, otherwise this Act. than under and in accordance with the provisions of this Act or of any other statutory enactment for the time being in force ; but nothing in this section shall be construed as abrogating any right or jurisdiction to restrain a breach of trust or confidence. Infringement 5,—(1.) Copyright in a work shall be deemed to be infringed by any person ae aoe who, without the consent of the owner of the copyright, does anything the sole right to do which is by this Act conferred on the owner of the copyright : Provided that the following acts shall not constitute an infringement of copyright :— (a) Any fair dealing with any work for the purposes of private study, research, criticism, review, or newspaper summary : (b) Where the author of an artistic work is not the owner of the copyright therein, the use by the author of any mould, cast, sketch, plan, model, or study made by him for the purpose of the work, provided that he does not thereby repeat or imitate the main design of that work : (c) The making or publishing of paintings, drawings, engravings, or photo- graphs of a work of sculpture or artistic craftsmanship, if permanently situate in a public place or building, or the making or publishing of paintings, drawings, engravings, or photographs (which are not in the nature of architectural drawings or plans) of any architectural work of art : (d) The publication in a collection, mainly composed of non-copyright matter, bond fide intended for the use of schools, and so described in the title and in any advertisements issued by the publisher, of short passages from published literary works not themselves published for the use of schools in which copyright subsists :  (¥) Provided that not more than two of such passages from works by the same author are published by the same publisher within five years, and that the source from which such passages are taken is acknowledged : (e) The publication in a newspaper of a report of a lecture delivered in public, unless the report is prohibited by conspicuous written or printed notice affixed before and maintained during the lecture at or about the main entrance of the building in which the lecture is given, and, except whilst the building is being used for public worship, in a position near the lecturer; but nothing in this paragraph shall affect the pro- visions in paragraph (a) as to newspaper summaries : (f) The reading or recitation in public by one person of any reasonable extract from any published work. (2.) Copyright in a work shall also be deemed to be infringed by any person who— (a) Sells or lets for hire, or by way of trade exposes or offers for sale or hire; or (b) Distributes either for the purposes of trade or to such an extent as to affect prejudicially the owner of the copyright ; or (c) By way of trade exhibits in public ; or (d) Imports for sale or hire into New Zealand, any work which to his knowledge infringes copyright or would infringe copyright if it had been made in New Zealand. (3.) Copyright in a work shall also be deemed to be infringed by any person who for his private profits permits a theatre or other place of entertainment to be used for the performance in public of the work without the consent of the owner of the copyright, unless he was not aware, and had no reasonable ground for suspecting, that the performance would be an infringement of copyright. 6. The term for which copyright shall subsist shall, except as otherwise expressly provided by this Act, be the life of the author and a period of fifty years after his death: . a Provided that at any time after the expiration of twenty-five years, or in the case of a work in which copyright subsists at the commencement of this > thirty years, from the death of the author of a published work, od idee emed to be infringed by the reproduction of the work for sale i ing the work proves that he has given the prescribed notice oduce the work, and that he has paid in the pre- refit of the owner of the copyright, royalties in calculated at the rate of ten per centum and for the purposes of this proviso work shall not be de the person reproduc in writing of his intention to repr scribed manner, to or for the ber i respect of all copies of the work sold by him, i rhie 2 ishes the work ; ey on the price at w hich he publish . ee a the Governor ma b Order in Council gazetted, make regulations p g . y, DY the mode in which notices are to be given, and the particulars to : given : os i i é quency of the payment of royalties, including notices, and the mode, time, and frequency ~~ (if he thinks fit) regulations requiring payment in advance or otherwise securing the payment of royalties. | : ” Tf at any time after the death of the author of a literary, eoree! or . 4 vy : : . musical work Guick has been published or performed in public a gt aint i rit ie the Judicial Committee of the Privy Council that the owner of the copy Term of copyright. Compulsory licenses.  Ownership of copyright, &e. publish or to allow the republication of the work, ance in public of the work, and that by reason of such refusal the work is withheld from the public, the owner of the copyright may be ordered to grant a license to reproduce the work or perform the work in public, as the case may be, on such terms and subject to such conditions as the said Court may think fit. right in the work has refused to re or has refused to allow the perform 8.—(1.) Subject to the provisions of this Act the author of a work shall be the first owner of the copyright therein : Provided that— (a) Where, in the case of an engraving, photograph, or portrait, the plate or other original was ordered by some other person, and was made for valuable consideration in pursuance of that order, then, in the absence of any agreement to the contrary, the person by whom such plate or other original was ordered shall be the first owner of the copyright ; and (b) Where the author was in the employment of some other person under a contract of service or apprenticeship, and the work was made in the course of his employment by that person, the person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright ; but where the work is an article or other contribution to a newspaper, magazine, or similar periodical, there shall, in the absence of any agreement to the contrary, be deemed to be reserved to the author a right to restrain the publication of the work, otherwise than as part of a newspaper, magazine, or similar periodical. (2.) The owner of the copyright in any work may assign the right, either wholly or partially, and cither for the whole term of the copyright or for any part thereof, and may grant any interest in the right by license ; but no such assignment or grant shall 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 authorized agent : Provided that where the author of a work is the first owner of the copyright therein no assignment of the copyright, and no grant of any interest therein made by him (otherwise than by will) after the commencement of this Act, shall be operative to vest in the assignee or grantee any rights with respect to the copy- ‘right in the work beyond the expiration of twenty-five years from the death of the author, and the reversionary interest in the copyright expectant on the termination of that period shall, on the death of the author, notwithstanding any agreement to the contrary, devolve on his legal personal representatives as part of his estate, and any agreement entered into by him as to the disposition of such reversionary interest shall be null and void; but nothing in this proviso shall be construed as applying to the assignment of the copyright in a collective work, or a license to publish a work or part of a work as part of a collective work. (3.) Where, under any partial assignment of copyright, the assignee becomes entitled to any right comprised in copyright, the assignee as respects the right so assigned, and the assignor as respects the rights not assigned, shall be treated  [ e) for the purposes of this A ses s Act as the owner of the copyri e provisi of this Act shall have effect accordingly. a Civil Remedies. ae loaded been infringed the owner of the remedies by Wey of fnninetion agit a nee: ee _ ee a, ot Seect 8 S, a es and otherwise, as are or may be J gement of a right. (2.) The costs of all parties in any proceedings in respect of the infringement of copyright shall be in the absolute discretion of the Court. | (3.) In any action for infringement of copyright in any work the work shall be presumed to be a work in which copyright subsists, and the plaintiff shall be presumed to be the owner of the copyright unless the defendant puts in issue the existence of the copyright or, as the case may be, the title of the plaintiff; and where any such question is in issue, then— (a) If a name purporting to be that of the author of the work is printed or otherwise indicated thereon in the usual manner, the person whose name is so printed or indicated shall, unless the contrary is proved, be presumed to be the author of the work : (b) If no name is so printed or indicated, or if the name so printed or indicated is not the author’s true name or the name by which he is commonly known, and a name purporting to be that of the publisher or proprietor of the work is printed or otherwise indicated thereon in the usual manner, the person whose name is so printed or indicated shall, unless the contrary is proved, be presumed to be the owner of the copyright in the work for the purposes of proceedings in respect of the infringe- ment of copyright therein. 10. All infringing copies of any work in which copyright subsists, or of any substantial part thereof, and all plates used or intended to be used for the pro- duction of such infringing copies, shall be deemed to be the property of the owner of the copyright, who accordingly may take proceedings for the recovery of the possession thereof or in respect of the conversion thereof. 11. Where proceedings are taken in respect of the infringement of the copyright in any work, and the defendant in his defence alleges that he was not aware of the existence of the copyright in the work, the plaintiff shall not be ent itled to any remedy other than an injunction in respect of the infringement if the defendant proves that at the date of the infringement he was not aware and had no reasonable ground for suspecting that copyright subsisted in the work. building or other structure which ich if completed would infringe, the copyright in some other —_ d, the owner of the copyright shall not be entitled to obtain construction of such building or structure oF to order Where the construction of a 12.—(1.) infringes, or wh has been commence an injunction to restrain the its demolition. (2.) Such of the other provisions of this ll be deemed to be the property of the owner of the Act as provide that an infringing copyright, copy of a work sha Civil remedies for infringe- ment of copy- right. Rights of owner against persons possessing or dealing with infringing copies, &c. Exemption of innocent infringer from liability to pay damages, &¢. Restriction remedies in the case of architecture.  ew. or as impose summary penalties, shall not apply in any case to which this section applies. Limitation of 13. An action in respect of infringement of copyright shall not be commenced oor after the expiration of three years next after the infringement. Summary Remedies. Summary 14.—(1.) Every person who knowingly— offences. (a) Makes for sale or hire any infringing copy of a work in which copyright subsists ; or (b) Sells or lets for hire, or by way of trade exposes or offers for sale or hire, any infringing copy of any such work ; or (c) Distributes infringing copies of any such work either for the purposes of trade or to such an extent as to affect prejudicially the owner of the copyright ; or (d) By way of trade exhibits in public any infringing copy of any such work ; or (e) Imports for sale or hire into New Zealand any infringing copy of any such work, is liable on summary conviction to a fine not exceeding two pounds for every copy dealt with in contravention of this section, but not exceeding fifty pounds in respect of the same transaction, or, in the case of a second or subsequent offence, either to such fine or to two months’ imprisonment. (2.) Every person who knowingly makes or has in his possession any plate for the purpose of making infringing copies of any work in which copyright subsists, or who knowingly and for his private profit causes any such work to be performed in public without the consent of the owner of the copyright, is liable on summary conviction to a fine of fifty pounds, or, in the case of a second or subsequent offence, either to such fine or to two months’ imprisonment. (8.) The Court before which any such proceedings are taken may, whether the alleged offender is convicted or not, order that all copies of the work, or all plates in possession of the alleged offender which appear to it to be infringing copies or plates for the purpose of making infringing copies, be destroyed, or delivered up to the owner of the copyright, or otherwise dealt with as the Court may think fit. Pormitt’ng 15. Every person who for his private profit permits any theatre or other ee. place of entertainment to be used for the performance in public of any musical or dramatic work without the consent of the registered owner of the sole right to perform or authorize the performance of the work in New Zealand, or any part of New Zealand where the theatre or place is situated, is liable on summary conviction to a fine of ten pounds, unless he was not aware and had no reasonable ground for suspecting that the performance would be an infringement of the right to perform or authorize the performance of the work. Sarohe 16.—(1.) Any Justice may, on the application of the registered owner of the warrant. copyright in any literary, dramatic, musical, or artistic work, or of the agent of such owner appointed in writing,— (a) If satisfied by evidence that there is reasonable ground for believing that infringing copies of the work are being sold or offered for sale,  (i issue a warrant in accordance with the form prescribed authorizing any constable to seize the infringing copies and to bring them before a Court of summary jurisdiction : (b) If satisfied by evidence that there is reasonable ground for believing that infringing copies of the work are to be found in any house, shop, or other place, issue a warrant in accordance with the form prescribed authorizing any constable to search, between sunrise and sunset, the place where the infringing copies are supposed to be, and to seize and bring them or any copies reasonably suspected to be infringing copies of the work before a Court of summary jurisdiction. (2.) A Court of summary jurisdiction may, on proof that any copies brought before it in pursuance of this section are infringing copies of the work, order them to be destroyed, or to be delivered up, subject to such conditions, if any, as the Court thinks fit, to the owner of the copyright in the work. 17.—(1.) The registered owner of the sole right to perform or authorize the performance of a musical or dramatic work in New Zealand or any part thereof, or the agent of such owner appointed in writing, may, by notice in writing in the prescribed form, forbid the performance in public of the work in infringement of his right, and require any person to refrain from performing or taking part in the performance in public of the work in infringement of his right ; and every as been given in accordance with this section who rformance in public of the work in infringement fine not exceeding person to whom a notice h performs or takes part in the pe of the right of such owner is liable on summary conviction to a ten pounds. (2.) Every person who give cause is liable on summary convicti (3.) In any prosecution under the | s notice in pursuance of this section without just on to a fine of twenty pounds. ast preceding sub-section the defendant shall be deemed to have given the notice without just cause unless he proves : the satisfaction of the Court that at the time of giving the notice he _ . registered owner of the sole right to perform or authorize the oo 0 : work in New Zealand or any part thereof, or the agent of such owner gee in writing, and had reasonable ground for believing that nae Pees ae notice was given was about to perform or take part in the performance of the in infringement of the right of such owner. yurt of summary jurisdiction, work or the owner of the sole k, in respect of any offence 18. Where proceedings are instituted in any Cc by or on behalf of the owner of the copyright in any i orf se of any wor right to perform or authorize the performance gues | : a ew of his right, any fine imposed shall be paid to him by way © i i in ¢ ase any fine compensation for the injury sustained by him, but in any ee c - Le imposed in respect of any offence against this Act shall be paid in solidated Fund. 19.—(1.) No proceedi in respect of any offence @ gainst this the date of the offence. (2.) An appeal to the Supr (ineluding any dismissal of any 1 a Court of summary jurisdiction ; shall be instituted in TS e expiration of six months from Act after th vietion or order ion) of a Court eme Court shall lie from any con nformation, complaint, or applicat Owner of performing- right may forbid performance in infringe- ment of right. Application of fines. Limitation of summary proceedings.  Certain provisions not to apply to works of architecture. Importation of infringing copies. Repeal. Works of “At t b . . joint authors. during the life of the author who first dies and for a term of fifty years after his (aa of summary jurisdiction in respect of any offence or matter under this Act, and such appeal shall be made within the time and in the manner provided by regulations. 90. Sections fourteen to eighteen hereof shall not apply to any case to which section twelve hereof, relating to infringement of copyright in the case of a work of architecture, applies. Importation of Copies. 21,—(1.) Copies made out of New Zealand of any work in which copyright subsists which if made in New Zealand would infringe copyright, and as to which the owner of the copyright gives notice in writing by himself or his agent to the Minister of Customs that he is desirous that such copies should not be imported into New Zealand, shall not be so imported, and shall, subject to the provisions of this section, be deemed to be prohibited imports within the meaning of the Customs Law Act, 1908. For the purposes of this section notices given to the Commissioners of Customs and Excise of the United Kingdom, and communicated by them to the Minister of Customs, shall be deemed to have been given by the owner to the Minister of Customs. (2.) Before detaining any such copies, or taking any further proceedings with a view to the forfeiture thereof, the Minister of Customs may require the regulations under this section, whether as to information, conditions, or other matters, to be complied with, and may satisfy himself in accordance with those regulations that the copies are such as are prohibited by this section to be imported. (3.) There shall be publicly exposed in the office of the Collector of Customs at every portin New Zealand lists of all works in which copyright subsists and as to which the owner of the copyright, by himself or his agent, has duly given a notice to the Minister of Customs pursuant to sub-section (1.) hereof. (4.) The Governor may, by Order in Council gazetted, make regulations, either general or special, respecting the detention and forfeiture of copies the importation of which is prohibited by this section ; 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. (5.) The regulations may apply to copies of all works the importation of copies of which is prohibited by this section, or different regulations may be made respecting different classes of such works. (6.) The regulations may provide for the informant reimbursing the Minister of Customs all expenses and damages incurred in respect of any detention made on his information, and of any proceedings consequent on such detention ; and may provide for notices under any enactment repealed by this Act being treated as notices given under this section. (7.) Section ninety-two of the Customs Law Act, 1908, and the first paragraph of the Third Schedule to the said Act (relating to the importation of prohibited books) are hereby repealed. Special Provisions as to certain Works. 22.—(1.) In the case of a work of joint authorship, copyright shall subsist  ( death, or during the life of the author who dies last, whichever period is the longer ; and references in this Act to the period after the expiration of any specified number of years from the death of the author shall be construed as references to the period after the expiration of the like number of years from the death of the author who dies first or after the death of the author who dies last, whichever period may be the shorter; and in the provisions of this Act with respect to the grant of compulsory licenses a reference to the date of the death of the author who dies last shall be substituted for the reference to the date of the death of the author. (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 shall be treated for the purposes of this Act as if the other author or authors had been the sole author or authors thereof : Provided that the term of the copyright shall be the same as it would have been if all the authors had satisfied such conditions as aforesaid. (3.) For the purposes of this Act ‘“‘a work of joint authorship ’’ means a work produced by the collaboration of two or more authors, in which the con- tribution of one author is not distinct from the contribution of the other author or authors. (4.) Where a married woman and her husband are joint authors of a work the interest of such married woman therein shall be her separate property. > 23.—(1.) In the case of a literary, dramatic, or musical work, or an engraving, in which copyright subsists at the date of the death of the author or, in the cee of a work of joint authorship, at or immediately before the date of the death of the author who dies last, but which has not been published, nor, in the case of a dramatic or musical work, been performed in public, nor, in the case of a lecture, been delivered in public, before that date, copyright shall subsist till publication, or performance or delivery in public, whichever may first happen, and 2h Ss of fifty years thereafter; and the proviso to seetion six hoe shall a . and of such a work, apply as if the author had died at the date of such publicat performance or delivery in public as aforesaid. : a (2.) The ownership of an author’s manuscript after his oe ee a ownership has been acquired under a testamentary disposition made by ae : and the manuscript is of a work which has not been ee nor ae a, public, nor delivered in public, shall be prima facie proof of the copyrig sing with the owner of the manuscript. 24, Without prejudice to any rights or privileges of the eR work has, whether before or after the commencement - ae we pn aoe or published by or under the direction or control of His Majesty of - . aa Department, the copyright in the work shall, subject to sa ae as author, belong to His Majesty, and in such panes shall — inue fifty years from the date of the first publication of the work. perforated rolls, and other lly reproduced, in like term of copyright 25.—(1.) Copyright shall subsist in records, pe contrivances by means of which sounds may be ae oe manner as if such contrivances were musical works : : os shall be fifty years from the making of the a ele a : trivance was directly or indirectly derived, and the perso from which the con- as the owner of Posthumous works. Provisions as to Govern- ment publica- tions. Provisions as to mechanical instruments.  (ae such original plate at the time when such plate was made shall be deemed to be the author of the work, and, where such owner is a body corporate, the body corporate shall be deemed for the purposes of this Act to reside in New Zealand if it has established a place of business in New Zealand. (2.) It shall not be deemed to be an infringement of copyright in any musical work for any person to make in New Zealand records, perforated rolls, or other contrivances by means of which the work may be mechanically performed, if such person proves— (a) That such contrivances have previously been made by, or with the consent or acquiescence of, the owner of the copyright in the work; and (b) That he has given the prescribed notice of his intention to make the contrivances, and has paid in the prescribed manner to, or for the benefit of, the owner of the copyright in the work royalties in respect of all such contrivances sold by him, calculated at the rate hereinafter mentioned : Provided that— (i.) Nothing herein shall authorize any alterations in or omissions from the work reproduced, unless contrivances reproducing the work subject to similar alterations and omissions have been previously made by, or with the consent or acquiescence of, the owner of the copyright, or unless such alterations or omissions are reasonably necessary for the adaptation of the work to the contrivances in question ; and (ii.) For the purposes of this provision a musical work shall be deemed to include any words so closely associated therewith as to form part of the same work, but shall not be deemed to include a contrivance by means of which sounds may be mechanically reproduced. (3.) The rate at which such royalties as aforesaid are to be calculated shall— (a) In the case of contrivances sold within two years after the commencement of this Act by the person making the same, be two.and one-half per centum; and (b) In the case of contrivances sold as aforesaid after the expiration of that period, five per centum, on the ordinary retail selling-price of the contrivance calculated in the prescribed manner, so, however, that the royalty payable in respect of a contrivance shall in no ease be less than a halfpenny for each separate musical work in which copyright subsists reproduced thereon, and, where the royalty calculated as afore- said includes a fraction of a farthing, such fraction shall be reckoned as a farthing : Provided that, if at any time after the expiration of seven years from the commencement of this Act it appears to the Governor in Council that such rate as aforesaid is no longer equitable, he may, after such public inquiry as he may direct, make an Order either decreasing or increasing that rate to such extent as under the circumstances may seem just ; but any Order so made shall be provisional only, and shall not have any effect unless and until confirmed by Parliament ; but, where an Order revising the rate has been so made and confirmed, no further revision shall be made before the expiration of fourteen years from the date of the last revision. : (4.) If any such contrivance is made reproducing two or more different works in which copyright subsists, and the owners of the copyright therein are different  ( Ww) .. the sums payable by way of royalties under this section shall tioned amongst the several owners of the copyright in such ee be BP POT agreement, may be determined by arbitration. - vor ce ala ersaveena (5.) When any such contrive ; by means ae : mechanically Sas have ieee po eR - ey : a He ean ni owner of the copyright in the work shall, in relation - ee pees oe eer ee a ree ol i > ‘ — within the Peer time. regulations prescribing niche a. a : a ce ae a a. a ae prescribing the dein ick actioss i. - oe ae pees oa de s are to be given, and the particulars to be given in such notices, and the mode, time, and frequency of the payment of royalties ; and any such regulations may include regulations requiring payment in advance or otherwise securing the payment of royalties. (7.) In the case of musical works published before the commencement of this Act the foregoing provisions shall have effect, subject to the following modifications and additions :— (a) The conditions as to the previous making by, or with the consent or acquiescence of, the owner of the copyright in the work, and the restric- tions as to alterations in or omissions from the work, shall not apply. (b) The rate of two and one-half per centum shall be substituted for the rate of five per centum as the rate at which royalties are to be calculated ; but no royalties shall be payable in respect of contrivances sold before the first day of April, nineteen hundred and fifteen, if contrivances reproducing the same work had been lawfully made or placed on sale in New Zealand before the commencement of this Act. (c) Notwithstanding any assignment made before the commencement of this Act of the copyright in a musical work, any rights conferred by this Act in respect of the making, or authorizing the making, of contrivances by means of which the work may be mechanically performed shall belong to the author or his legal personal representatives, and not to the assignee, and the royalties aforesaid shall be payable to and for the benefit of the author of the work or his legal personal representatives. (d) The saving contained in this Act of the rights and interests arising from or in connection with action taken before the commencement of this Act shall not be construed as authorizing any person who has made eans of which the work may be mechanically performed hether made before or after the com- and subject to the conditions contrivances by m to sell any such contrivances, W mencement of this Act, except on the terms laid down in this section. (e) Where the work is a work on which copyright is conferred by an Order in Council relating to a foreign country, the copyright so conferred shall t as may be provided by the Order, include not, except to such exten any rights with respect to the making of records, perforated rolls, or other contrivances by means of which the work may be mechanically performed. (8.) Notwithstandin -or other contrivance by mea here a record, perforated roll, y be mechanically reproduced g anything in this Act, w ns of which sounds ma  La has been made before the commencement of this Act, copyright shall, as from the commencement of this Act, subsist therein in like manner and for the like term as if this Act had been in force at the date of the making of the original plate from which the contrivance was directly or indirectly derived : Provided that— ‘ (a) The person who at the commencement of this Act is the owner of such original plate shall be the first owner of such copyright ; and (b) Nothing herein shall be construed as conferring copyright in any such contrivance if the making thereof would have infringed copyright in some other such contrivance if this provision had been in force at the time of the making of the first-mentioned contrivance, Provision as 26. Notwithstanding anything in this Act, it shall not be an infringement pele ag of copyright in an address of a political nature delivered at a public meeting to publish a report thereof in a newspaper. Provisions as 27. The term for which copyright shall subsist in photographs shall be fifty near years from the making of the original negative from which the photograph was directly or indirectly derived ; and the person who was the owner of such negative at the time when such negative was made shall be deemed to be the author of the work, and, where such owner is a body corporate, the body corporate shall be deemed for the purposes of this Act to reside in New Zealand if it has established a place of business in New Zealand. Reciprocal 28.—(1.) The Governor may by Order in Council direct that this Act shall protection of extend— copyright. (a2) To works first published in any part of the British dominions to which the Order relates in like manner as if such works were first published in New Zealand; and (b) In respect of residence in any part of the British dominions to which the Order relates, in like manner as if such residence were residence in New Zealand ; and thereupon, subject to the provisions of this section and of the Order, this Act shall apply accordingly. (2.) Any Order made in pursuance of this section may provide— (a) That the term of copyright shall not exceed that conferred by the law of the part of the British dominions to which the Order relates ; (b) That the enjoyment of the rights conferred by virtue of the Order shall extend to New Zealand only, and shall be subject to the accomplishment of such conditions and formalities as are prescribed by the Order ; (c) For the modification of any provision of this Act as to ownership of copy- right or otherwise, having regard to the law of the part of the British dominions to which the Order relates ; and (d) That this Act may extend to existing works in which copyright subsists in the part of the British dominions to which the Order relates, but subject to such modifications, restrictions, and provisions as are set out in the Order. (8.) An Order in pursuance of this section shall be made only if the Governor in Council is satisfied that the part of the British dominions in relation to which the  ( Ww) Order is proposed to be made has propos: 1 to be made has made, or has undertaken to make. s isi if any, as he thinks sufficient for the protection of work 6 soe if my . of works first prod ishec in New Zealand, and entitled to copyright therein ae 29.—(1 > Governor may in ¢ ( =) The Governor may by Order in Council alter, revok ‘Order in Council made by him in pursuance of ee ferr Bi pice fos be ' J ance of any power conferred a ene n) erred upon him b ” A i: but any Order made under this section shall not affect pe adieally y rights or interests acquired or accrued at the date when the Order comes es i. € ~ € ri > +4 , . operation, and shall provide for the protection of such rights and interests g sts. Te J Ov 7 1 7 : (2.) Every Order in Council made by the Governor in Council in pursuance a : < i . ms ; . of any power conferred upon him by this Act shall be published in the Gazette and shall be laid before Parliament as soon as may be after it is made 3 x a . 30.—(1.) This Act shall not apply to designs capable of being registered under the Patents, Designs, and Trade-marks Act, 1911, except gas wach though capable of being so registered, are not used or intended to be used - motels or patterns to be multiplied by any industrial process. (2.) Regulations may be made under section one hundred and twenty-three of the Patents, Designs, and Trade-marks Act, 1911, for determining the conditions under which a design shall be deemed to be used for such purposes as aforesaid 31. If it appears to the Governor in Council that a foreign country does not give or has not undertaken to give adequate protection to the works of New Zealand authors, he may by Order in Council direct that such of the provisions of this Act as confer copyright on works first published in New Zealand shall not apply to works published after the date specified in the Order the authors whereof are subjects or citizens of such foreign country and are not resident in New Zealand, and thereupon those provisions shall not apply to such works. 32.—(1.) Where any person is immediately before the commencement of this Act entitled to any such right in any work as is 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 substituted right set forth in the second column of that Schedule, or to the same interest in such a substituted right, and to no other right or interest ; and such substituted 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 first column of the First Schedule to this Act subsists ment of this Act has be interest therein for the who put for the passing of this Act the ri tuted right conferred b ass to the author of the wor. t of this Act any such right as is specified in the agreement, Pp ated before the commencemen put the person who imme ld so have expired was the at his option, either— cre shall determine ; at which the right wou interest shall be entitled, at the commence- fore that date assigned the right, or granted any le term of the right, then at the date when ght would have expired the substi- y this section shall, in the absence of express k, and any interest therein and then subsisting diately before the date owner of the right or Provisions as to Orders in Council. Provisions as to designs registrable under the Patents, Designs, and, Trade-marks Act. Works of foreign authors first published in New Zealand. Existing works.  Power to extend Act to foreign works, (i.) On giving such notice as hereinafter mentioned, to an assign- ment 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, subject to the payment, if demanded by the author within three years after the date at which the right would have so expired, of such royalties to the author as, failing agreement, may be determined by arbitration ; or, where the work is incorporated in a collective work and the owner of the right or interest is the proprietor of that collective work, without any such payment. The notice above referred to must be given not more than one year nor less than six months before the date at which the right would have so expired, and must be sent by registered post to the author, or, if he cannot with reasonable diligence be found, must be advertised in the Gazette and in the Patent Office Journal, and in one newspaper published in each of the Cities of Wellington, Auckland, Christchurch, and Dunedin. . (b) Where any person has, before the first day of July, nineteen hundred and thirteen, taken any action whereby he has incurred any expenditure or liability in connection with the reproduction or performance of any work in a manner which at the time was lawful, or 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 connection with such action 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. (2.) For the purposes of this section the expression “ author” includes the legal personal representatives of a deceased author. (3.) Subject to the provisions of sub-sections (7.) and (8.) of section twenty- five hereof, copyright shall not subsist in any work made before the commence- ment of this Act otherwise than under and in accordance with the provisions of this section. PART II.—InTERNATIONAL COPYRIGHT. 33.—(1.) The Governor may by Order in Council direct that this Act (except such of the provisions thereof, if any, as may be specified in the Order) shall extend— (a) To works first published in a foreign country to which the Order relates, in like manner as if they were first published in New Zealand ; (b) 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 ;  (c) In respect of residence in a foreign country to which the Order relates, in like manner as if such residence were residence in New Zealand ; and thereupon, subject to the provisions of this Part of this Act and of the Order, this Act shall apply accordingly : Provided that— (a) Before making an Order in Council under this section in respect of any foreign country (other than a country with which His Majesty has entered into a convention relating to copyright), the Governor shall be satisfied that that foreign country has made or has undertaken to: make such provisions, if any, as it appears to the Governor expedient to require for the protection of works entitled to copyright under the provisions of Part I. of this Act: (b) The Order in Council may provide that the term of copyright in New Zealand shall not exceed that conferred by the law of the country to which the Order relates : (c) The provisions of section fifty hereof (relating to the delivery of copies of books to the Registrar) shall not apply to works first published in such country, except so far as is provided by the Order : (d) 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 : (e) In applying the provisions of this Act as to ownership of copyright, the Order in Council may make such modifications as appear necessary having regard to the law of the foreign country : (f) 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. (2.) An Order in Council under this section may extend to all the several countries named or described therein. PART III.—CopyricutT OFFICE. 34.—(1.) The Governor may from time to time appoint such person as he thinks fit to be Registrar of Copyright, and in like manner may appoint a place to be the Copyright Office. (2.) The person who at the co Registrar under the Copyright Act, 1908, shall be and act as this Act. (3.) The place at the commencement of this Act used as the Copyright Office shall be deemed to have been appointed under this Act. mmencement of this Act holds the office of Registrar under time appoint a fit and proper person of the illness, incapacity, or absence of istrar ; and while 35.—(1.) The Governor may at any Registre act in the case to be Deputy Registrar to act in t the Resatrar, or in the case of any vacancy 1n the office of Reg A pad so acting such Deputy shall have all the powers and. privileges, and shall perform all the duties, and be subject to the responsibilities, of the Registrar. Registrar of Copyright. Copyright Office. Deputy Registrar.  Seal. Fees. Registration optional. Copyright Registers. Mode of registration. Registration of assign- ments, &e. How registra- tion is to be effected. Registration of work published ina series. Trusts not registered. Register to be evidence, Certified copies, ( 20 ) (2.) The fact of the Deputy Registrar acting as aforesaid shall be conclusive evidence of his authority so to do, and no person shall be concerned to inquire whether the occasion has arisen requiring or authorizing him so to act. 36. There shall be a seal of the Copyright Office, and impressions thereof shall be judicially noticed and admitted in evidence. 3%, There shall be paid in respect of application for the registration of copy- rights and in respect of other matters with relation to copyrights such fees as may from time to time be prescribed by the Governor in Council, and those fees shall be paid into the Public Account and form part of the Consolidated Fund. 38. Registration of copyright shall be optional, but the special remedies provided for by sections fifteen, sixteen, and seventeen of this Act may be taken advantage of only by registered owners. 39. The following Registers of Copyright shall be kept by the Registrar at the Copyright Office :— (a) The Register of Literary (including Dramatic and Musical) Copyright. (b) The Register of Fine Arts Copyrights. 40. The owner of any copyright under this Act, or of the sole right to perform or authorize the performance of any musical or dramatic work in New Zealand or any part thereof, may obtain registration of his right in the manner prescribed. 41. When any person becomes entitled to any registered copyright or any other right under this Act by virtue of any assignment or transmission, or to any interest therein by license, he may obtain registration of the assignment, trans- mission, or license in the manner prescribed. 42. The registration of any copyright or other right under this Act, or of any assignment or transmission thereof, or of any interest therein by license, shall be effected by entering in the proper register the prescribed particulars relating to. the right, assignment, transmission, or license. 48. In the case of an encyclopedia, newspaper, review, magazine, or other periodical work, or a work published in a series of books or parts, a single registra- tion for the whole work may be made. ' 44,—(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 under this Act may be enforced in the same manner as equities in respect of other personal property. : 45, Every Register of Copyrights under this Act shall be prima facie evidence of the particulars entered therein; and documents purporting to be copies of any entry therein or extracts therefrom certified by the Registrar and sealed with the seal of the Copyright Office shall be judicially noticed and admitted in evidence without further proof or production of the originals. 46. Certified copies of entries in any register under this Act or of extracts ( @ } therefrom shall, on payment of the p i ‘ £ 5 zi tT > Yr oO 2, > ; 7 . prescribed fee, be given to any person applying 47. Each register under this Act shall be open to public inspection at all convenient times on payment of the prescribed fee. — 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. ' 49.—(1.) Subject to this Act the Supreme Court 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 Court of Appeal from any order for the recti- fication of any register made by the Supreme Court or a Judge thereof under this section. 50.—(1.) Every person who makes application for the registration of a copyright in a book shall deliver to the Registrar one copy 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 published, and bound, sewed, or stitched together, and on the best paper on which the book is printed. s an application for the registration of the (2.) Every person who make liver to the Registrar one copy of the work of copyright in a work of art shall de art or a representation of it. (3.) The Registrar shall refuse to register the copyright in any book until sub-section (1.) of this section has been complied with, or the copyright in a work of art until sub-section (2.) of this section has been complied with. (4.) Each copy or representation delivered to the Registrar in pursuance of this section shall be retained at the Copyright Office. wilfully makes any false statement or representation to deceive the Registrar or any officer in the execution of this Act, or to procure or influence the doing or omission of anything in relation to this Act or any matter thereunder, is liable on summary conviction to imprisonment for a term not exceed- ing two years. 52,—(1.) The publisher of book which is first published in New “Zealand after the commencement of this Act, and in which copyright subsists under this Act, shall within one month after the publication deliver at his own pies of the book to the Librarian of the General Assembly Library, a written receipt for them. delivered to the Librarian of the General Assembly Library hole book, with all maps and illustrations belonging thereto, 51. Every person who every expense two co who shall give (2.) The copies shall be copies of the w. Public inspection of registers. Correction of register. Rectification of register by the Court. Copies to be delivered on registration. False repre- sentation to Registrar. Copies to be delivered to General Assembly Library.  Power to make regula- tions. Repeals. Schedules. ( 22 ) finished, and coloured in the same manner as the best copies of the book are pub- lished, and bound, sewed, or stitched together, and on the best paper on which the book is printed. (3.) 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 copies. (4.) For the purpose of this section the expression “ book” includes every part or division of a book, pamphlet, sheet of letterpress, map, plan, chart, or table, but shall not include any second or subsequent edition of a book unless that edition contains additions or alterations either in the letterpress or in the maps, prints, or other engravings belonging thereto. 53. The Governor in Council 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 Copyright Office. 54,—(1.) The Copyright Act, 1908, and section one hundred and thirty-two of the Patents, Designs, and Trade-marks Act, 1911, are hereby repealed. (2.) The Imperial enactments referred to in the Second Schedule hereto shall, as from the commencement of this Act, cease to have any force or effect in New Zealand. SCHEDULES. FIRST SCHEDULE. Existing Ricuts. Existing Right. Substituted Right. (a) In the case of Works other than Dramatic and Musical Works. Copyright .. a ss a a .. | Copyright as defined by this Act.* (6) In the case of Musical and Dramatic Works. Both copyright and performing-right .. — .. | Copyright as defined by this Act.* Copyright, but not performing-right ae .. | Copyright as defined by this Act, except the sole right to perform or authorize the performance of the work or any substantial part thereof in ee public. Performing-right, but not copyright se .. | The sole right to perform or authorize the per- formance of 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 or other dealing with the work : “ 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. _* In the case of an essay, article, or portion forming part of and first published in a review, magazine, or other periodical or work of a like nature, the right shall be subject to any right of publishing the essay, article, or portion in a separate form to which the author is entitled at the com- mencement of this Act, or would, if this Act had not been passed, have become entitled under section eighteen of the Imperial Copyright Act, 1842.  ( SECOND SCHEDULE. ImprriaL ENACTMENTS. 8 Geo. IT. c. 13.—The Engraving Copyright Act, 1734. 7 Geo. III. c. 38.—The Engraving Copyright Act, 1767. 17 Geo. IIL. c. 57.—The Prints Copyright Act, 1777. 54 Geo. III. c. 56.—The Sculpture Copyright Act, 1814. & 4 Will. IV. c. 15.—The Dramatic Copyright Act, 1833. & 6 Will. IV. c. 65.—The Lectures Copyright Act, 1835. & 7 Will. IV. c. 59.—The Prints and Engravings Copyright Act, 1836. & 6 Vict. c. 45.—The Copyright Act, 1842. & 8 Vict. ec. 12.—The International Copyright Act, 1844. 1 Vict. c. 95.—The Colonial Copyright Act, 1847. 6 ce. 12.—The International Copyright Act, 1852. 6 Vict. c. 68.—The Fine Arts Copyright Act, 1862. 9 c. 12.—The International Copyright Act, 1875. c. 36.—The Customs Consolidation Act, 1876: Section 152 (prohibiting the importation of foreign reprints of books under copyright). 46 Vict. c. 40.—The Copyright (Musical Compositions) Act, 1882. 50 Vict. c. 33.—The International Copyright Act, 1886. 52 Vict. c. 17.—The Copyright (Musical Compositions) Act, 1888. NDON AND TONBRIDGE. [D., PRINTERS, LO BRADBUKY, AGNEW, & CO,   ‘SHTOW AYOLOLVIS ‘CL6T OV LHDTYAdOOD NVIIVULSNV   STATUTORY RULES. 1913. No. 338. REGULATIONS UNDER THE COPYRIGHT ACT, 1912. I, THE GovERNOR-GENERAL in and over the Commonwealth of Australia ae os ee advice of the Federal Executive Council, do hereby make the ollowing Regulations under the Copyright i i aL pyright Act, 1912, to come into operation Dated this nineteenth day of December, One thousand nine hundred and thirteen. DENMAN, ‘ G Sean ar By His Excellency’s Command, oyemor Generel: W. H. Irvine, Attorney-General. THE COPYRIGHT REGULATIONS, 1913. PART I.—GENERAL. 1. These Regulations may be cited as the Copyright Regulations, 1918. Short title. 2, These Regulations are divided into Parts, as follows :— Part Tts. Part I.—General. Part Il.—Royalty System (General). Part III.—Royalty System (Mechanical Musical Contrivances). Part IV.—Repeal. Interpreta- 3.—(1.) In these Regulations— “The Act ” means the Copyright Act, 1912 ; tion. “¢ Mechanical musical contrivances > means records, perforated rolls, and other contrivances by means of which sounds may be mechanically reproduced ; “‘ Published work ‘ Unpublished. work to the public. 4, All letters should be addressed to wealth Offices, Treasury Place, Melbourne.” ider these Regulations shall be those specified in the Fees. aid at the Copyright Office. All remittances sent by and shall be made payable to the losed in a letter will be sent at the > means work which is printed and issued to the public ; > means work which has not been printed and issued “The Registrar of Copyrights, Common- Address, 5. The fees to be paid ut First Schedule, and shall be p post shall be by money order or postal note, Registrar of Copyrights. Coin or currency ene remitter’s risk.  Registrar may refuse to act until fee paid. Forms. Where no forms pro- vided. Hours of business. Applications. Signature of applicants. Published work. Photographs. Unpublished work, Published mechanical musical con- trivance. Unpublished mechanical ; musical contrivance. Performing right in musical or dramatic work. Choreographic works. Variations. Cinemato- graph pro- ductions. 6. Where any fee is payable in respect of any act or document, the Registrar may refuse to permit or perform the act, or to receive or issue the document, as the case requires, until the fee payable is paid. ",—(1.) Where in these Regulations any Form is referred to, the reference is to the Form in the Second Schedule. (2.) The Forms contained in the Second Schedule may, as far as they are applicable, be used in any proceeding under the Act or these Regulations to which they are appropriate. 8. As regards proceedings not specifically provided for in the Forms in the Second Schedule, any appropriate Form will be accepted. 9. Except in case of holidays observed under the Commonwealth Public Service Act, the Copyright Office shall be open to the public on week days (other than Saturdays) from 10 a.m. to 4 p.m., and on Saturdays from 10 a.m. to noon. 10. Every application for the registration of copyright or performing right must be left at, or sent to, the Copyright Office, and may be sent by prepaid letter through the post, and must, in every case, be accompanied by the prescribed fee. 11. Every application for the registration of copyright or performing right must be signed by all applicants. 12, An application for the registration of copyright in a published literary, dramatic, musical, or artistic work may be in accordance with Form A, Al, A2 or A3 as the case requires. 18. An application for the registration of copyright in a photograph may be in accordance with Form C or Cl as the case requires. 14, An application for the registration of copyright in an unpublished literary, dramatic, musical, or artistic work may be in accordance with Form D. 15. An application for the registration of copyright in a published mechanical musical contrivance may be in accordance with Form E. 16. An application for the registration of copyright in an unpublished mechanical musical contrivance may be in accordance with Form F. 17. An application for the registration of the sole right to perform or authorise the performance of a musical or dramatic work may be in accordance with Form G and shall be accompanied by a copy of the work. 18. An application for the registration of copyright in an unpublished dramatic work, consisting of a choreographic work or entertainment in dumb show, must be accompanied by a description thereof, either type-written or written in a fair legible hand on one side only of the paper, and without interlineations or erasures. 19. Any variation in the arrangement or acting form of a choreographic work or entertainment in dumb show must be made the subject of a separate application for copyright registration. 20. An application for the registration of copyright in an unpublished dramatic work, consisting of a cinematograph production, must be accompanied by a description of the work, preferably typewritten, and by a photograph taken from each scene represented. If after registration the work is printed or reproduced  (2 for sale, a complete copy of the work must be filed, and, if the E BO Registrar so desires, an amended description thereof. 21. An application for the registration of copyright in other than a work specified in Regulations by a copy of the work. an unpublished work, Nos. 19 and 21, must be accompanied 22. The title of a literary work should be given exactly as on the title page of the book, or on the work, and the other particulars required to be specified should be exactly as indicated in the work itself. 28. An application for the registration of copyright in a published book must be accompanied by a copy of the book, with all maps and illustrations belonging . , oS thereto, finished and coloured in the same manner as the best copies of the books are published, and bound, sewed, or stitched together and on the best paper on which the book is printed. 24, An application for the registration of copyright in an artistic work must be accompanied by a copy thereof, or a representation of it. 25. An application for the registration of copyright in an interchangeable part of a mechanical instrument for mechanically reproducing musical works must be accompanied by the dise, cylinder, or music roll, by means of which the music is reproduced. 26. Where an application for registration of copyright is made by a person, other than the author of the work, he shall in his application trace his title from the author, and shall attach to his application each assignment or instrument by virtue of which he derives his title, with an attested copy thereof. 27. In the case of new editions of works containing material additions or alterations either in the letterpress or in the maps, prints, or other oo : + oes » resistrati f ight me made in belonging thereto, applications for registration of copyright may be 1 respect of the new edition as if it were an independent work. . . . . ae a a r * a " 7 Ie 7 . ul 1 28. If it is desired to register the words only of a song, the application sho lc be made as for a literary work ; if it is desired to register both words and music, application should be made as for a musical work. 29. In the case of music published in different editions arranged - cae : : . ‘ : ; ‘ e for eac instruments, application for registration of copyright may be ma arrangement. 30. In the case of engravings, photographs, or se _ meds for cath i Fatt icati istrati f right ma e€ meé ac with variations, application for registration of On GBS . aa . ely differentiate t sues. variety, and should be so worded as to closely differe 31.—(1.) Every application for the r tistie works published egistration of a copyright, or performing ress, OF appoi 2 f agent ; right, shall be accompanied by a statement of address, or appointment of ee ications of e i onnexion W and all notices, requisitions, and communications of every kind in - : i sue r agent. an application may be sent by the Registrar to such address or ag’ a. (2.) The address for service shall be within the Commonwea a, e . = 1 ‘ A > situs > near to the city in which the Copyright Office is situs vice, or appointment of agent, left. at, or i@ on the person giving the notice until o Registrar requires, in or 32. Any statement of address for serv sent to, the Copyright Office shall be bindir Copy of unpublished work to be forwarded, Title of literary work. Published books. Artistic works. Interchange- able parts. Title. New editions. Registration of song. Music pub- lished for different instruments. Engravings, photographs, &e. Statement of address. Notice to be binding.  ( ) he appointment of some other address for service, or furnished by him to the Registrar. person becomes entitled to any registered copyright or e of an assignment or transmission, or to any interest be left at, or sent notice of revocation, or of t of some other agent, has been Entry of 33.—(1.) When any interest on performing right, by virtu — therein, a request for the entry of his name in the Register may by post to, the Copyright Office. (2.) The request may be in accordance with Form I or Form J, as the case requires, and shall be made and signed by the person claiming to be registered as owner or licensee, or by his agent, and shall be accompanied by the deed or docu- ment upon which he bases his request for registration. (3.) An attested copy of every deed and document affecting the ownership of the copyright, or performing right, or of any licence thereunder, shall accompany the request. (4.) The Registrar, if satisfied with the request, shall register the assignment, transmission, or licence by entering particulars thereof in the proper Register. 34.—(1.) Declarations required for the purposes of these Regulations may be taken before any of the following persons :— (a) In Australia.—A Notary Public, a Justice of the Peace, a Commissioner for Affidavits, or any person authorized by any Act or State Act to administer oaths or take declarations. (b) In British Dominions other than Australia.—Any Judge, Magistrate, Justice of the Peace, Notary Public, or Commissioner for Oaths or Affidavits, or any person authorized by law to administer oaths or take Declarations. declarations. (c) In Foreign Countries.—Any Judge of a Supreme Court, British Consul or Consular Officer, or Notary Public of the foreign country in which the applicant may be, who is authorized by the laws of said country to administer oaths. (2.) The Registrar may take notice of the signature to any declaration, and of the signature of the person before whom it purports to have been declared, without proof of those signatures or of the official character of the person before whom the declaration purports to have been made. Alteration of 35. The Registers of Copyrights may be altered or amended by the Registrar registers. in the following cases :— (a) Where the error in entry has been made purely through the fault of the office ; or (b) Where the error in entry has been made through accident on the part of an applicant or his agent. In the latter case, however, no amendment shall be made unless the owner of the copyright or performing right lodges at the Copyright Office a request to amend, accompanied by the prescribed fee. ey of 36. The Registers of Copyrights shall be open to the inspection of the public = during office hours on every day during which the Copyright Office is open, except on the days and at the times following :— (a) Days which are from time to time notified by a placard posted in a con- spicuous place at the Copyright Office ; and : (b) Times when the Registers are required for any purpose of official use.  (2) PART II.—Royatry Sysreu (GENERAL). 37.—(1.) The notice required by section three of the British C shall contain the following particulars :— (a) The name and address of the person intending to reproduce the work : (6) the name of the work which it is intended to reproduce, and (if necessary) a description sufficient to identify it ; (c) the manner in which it is intended to reproduce the work (e.g.), whether by printing, lithography, photography, &ec. ; (d) the price or prices at which it is intended to publish the work ; (e) the earliest date at which any of the copies will be delivered to the pur- chaser. (2.) The notice shall, not less than one month before any copies of the work are delivered to the purchaser, be sent by registered post or published by advertise- ment as follows :— (a) If the name and an address within the Commonwealth of the owner of the copyright, or his agent for the receipt of notice, are known or can with reasonable diligence be ascertained, the notice shall be sent to the owner or agent at that address ; ; (6) if such name and address are not known and cannot, with reasonable diligence, be ascertained, the notice shall be advertised in the Gazette ; the advertisement in the Gazette shall give the particulars required by paragraphs (a) and (b) of sub-regulation (1) of this Regulation, and shall also state an address from which a copy of the notice described in sub- regulation (1) of this Regulation may be obtained. 38.—(1.) Unless otherwise agreed, royalties thall be payable by means of adhesive labels purchased from the owner of the copyright, and affixed to the copies of the work. (2.) After the person reproducing the work has given the prescribed notice of his intention to reproduce the work, the owner of the copyright shall, by writing sent by registered post, intimate to him some reasonably convenient place within the Commonwealth from which adhesive labels can be obtained, and, on demand in writing and tender of the price, shall supply from such place adhesive labels of the required denominations at a price equal to the amount of royalty represented thereby. 39. Subject to these Regulations, no copy of the work shall be delivered to : purchaser until the label or labels denoting amount of royalty have been affixec thereto. ae 40.—(1.) In cases where royalties are payable by means of lt al € . i at any time labels of the required denomination are not available es ee (a) after the expiration of fourteen days from the date of the ao : notice the owner of the copyright has not duly sent to the person eS ducing the work an intimation of some reasonably covenant P ace within the Commonwealth from which such labels can be Shane i or (b) the owner of the copyright ee or eine to supply such labels within days after demand duly made, : copies of be wc oe be delivered to purchasers without having labels a thereto, and the amount of royalties shall be a debt due by the person repro y opyright Act Notice. Payment of royalties. Copies not to be delivered until labels affixed. Adhesive labels not available. Cc . the work to the owner of the copyright, and the person reproducing the work shall keep an account of all such copies sold by him. (2.) For the purpose of this Regulation “ the date of the prescribed notice ” means— (a) in cases when the notice is required to be sent by registered post, the date when the notice would in ordinary course of post be delivered ; (b) in cases when the notice is required to be advertised in the Gazette, the date of such advertisement. Royalties 41. Where royalties are by agreement payable in any other mode than by oo . means of adhesive labels the time and frequency of the payment shall be such as than by are specified in the agreement. adhesive Jabels. 42. The adhesive label, supplied as aforesaid, shall be an adhesive paper label, Form of square in shape, the design to be entirely enclosed within a circle, and the side of cc the label not to be greater than 4-inch in length. The label shall not be in a form which resembles any postage stamp nor bear the effigy of the Sovereign or any other person, nor any word, mark, or design such as to suggest that the label is issued by or under the authority of the Government or any State Government for the purpose of denoting any duty payable to such Government. PART IlL.—Royatry System (MecuanicaL MusicaL CONTRIVANCES). ‘Notice. 48,—(1.) The notice required by sub-section (2) of section nineteen of the British Copyright Act shall contain the following particulars :— (a) The name and address of the person intending to make the contrivances ; (b) the name of the musical work which it is intended to reproduce and of the author (if known) ; and (if necessary) a description sufficient to identify the musical work ; (c) the class ‘of contrivance on which it is intended to reproduce the musical work (e.g.) whether discs, cylinders or music rolls ; (d) the ordinary retail selling prices of the contrivances, and the amount of the royalty payable on each contrivance in respect of the musical work ; (e) the earliest date at which any of the contrivances will be delivered to the purchaser ; : (f) whether any other work is to be reproduced on the same contrivance with the musical work specified in accordance with paragraph (0). (2.) The notice shall, not less than ten days before any contrivances on which the musical work is reproduced are delivered to a purchaser, be sent by registered post or published by advertisement as follows :— (a) If the name and an address within the Commonwealth of the owner of the copyright, or his agent for the receipt of notice, are known or can with reasonable diligence be ascertained, the notice shall be sent to the owner or agent at that address ; (b) if such name and address are not known and cannot with reasonable diligence be ascertained, the notice shall be advertised in the Gazette ; the advertisement in the Gazette shall give the particulars required by paragraphs (a) and (b) of sub-regulation (1) of this Regulation, and shall also state an address from which a copy of the notice described in sub-  regulation (1) of this Regulation may be obtained. Any number of musical works may be included in the same advertisement. 44.—(1.) Unless otherwise agreed, royalties shall be payable by means of adhesive labels purchased from the owner of the copyright and affixed in the manner provided by this part of these Regulations. (2.) After the person making the contrivances has given the prescribed notice of his intention to make or sell the contrivances, the owner of the copyright shall by writing, sent by registered post, intimate to him some reasonably convenient place within the Commonwealth of Australia from which adhesive labels can be obtained, and on demand in writing and tender of the price shall supply from such place adhesive labels of the required denominations at a price equal to the amount of royalty represented thereby. 45. Subject to these Regulations no contrivance shall be delivered to a pur- chaser until such label or labels denoting the amount of royalty have been affixed thereto, or, in the case of cylinders to which it is not reasonably practicable to affix the labels, until such label or labels have been affixed to a carton or box enclosing the cylinder. 46.—(1.) In cases where royalties are payable by means of adhesive labels, if at any time labels of the required denominations are not available either because— (a) after the expiration of five days from the date of the prescribed notice of the intention of the person making the contrivances to make or sell such contrivances the owner of the copyright has not duly sent to the person making the contrivances an intimation of some reasonably convenient place within the Commonwealth of Australia from which such labels can be obtained ; or oe (b) the owner of the copyright refuses or neglects to supply such labels within three days after demand duly made, contrivances may be delivered to purchasers w or to the carton or box enclosing the same ; and debt due by the person making the contrivance and the person making the contrivances shall k vances sold by him. (2.) For the purposes of this Regulation means— (a) in cases where the notice is required to be sent by registered post, the date when the notice would in ordinary course of post be delivered : (b) in cases where the notice is required to be advertised in the Gazette, the date of such advertisement. ithout having labels affixed thereto the amount of royalties shall be a es to the owner of the copyright, eep an account of all such contri- “ the date of the prescribed notice ” 47. In cases where royalties are payable on contrivances before commencement of the Act, the person making such contrivances may 2 — of his intention to sell them, containing mutatis mutandis the same algae given in the same manner as is prescribed by these Regulations in the case of the notice required by sub-section (2) of section nineteen of the British Copyright Act. ayable in any other mode than by i t 48. Where royalties are by agreement P Fs aigabts ele means of adhesive labels, the time and frequency of the p are specified in the agreement. Payment of royalties, Contrivance not to be delivered without adhesive labels. Adhesive labels not available. Royalties on contrivances made before commence- ment of Act. Royalties payable otherwise than by adhesive labels.  Form of adhesive label. Ordinary retail selling price. Inquiries. Time for reply. (wa 49. The adhesive label supplied as aforesaid shall be an adhesive paper label, square in shape, the design to be entirely enclosed within a circle, and the side of the label not to be greater than $-inch in length. The label shall not be in a form which resembles any postage stamp nor bear the effigy of the Sovereign or any other person, nor any word, mark, or design such as to suggest that the label is issued by or under the authority of the Government or any State Government for the purpose of denoting any duty payable to such Government. 50. The ordinary retail selling price of any contrivance shall be calculated at the marked or catalogued selling price of single copies to the public, or, if there is no such marked or catalogued selling price, at the highest price at which single copies are ordinarily sold to the public. 51.—(1.) The inquiries referred to in sub-section (5) of section nineteen of the British Copyright Act shall be directed to the owner of the copyright by name, or (if his name is not known and cannot with reasonable diligence be ascertained) in general terms to ‘“‘ the owner of the copyright ” of the musical work in respect of which the inquiries are made, and shall contain— (a) a statement of the name of the musical work in respect of which the inquiries are made and of the author (if known), and (if necessary) a description sufficient to identify it ; (b) a statement of the name, address and occupation of the person making the inquiries ; (e) an allegation that a contrivance has previously been made by means of which the musical work may be mechanically performed, with the trade name (if known) and a description of such contrivance ; (d) an inquiry whether the contrivance so described was made with the consent or acquiescence of the owner of the copyright. (2.) The inquiries shall be sent by registered post or published by advertisement as follows :—- (a) If an address within the Commonwealth of the owner of the copyright is known, or can with reasonable diligence be ascertained, the inquiries shall be sent to such address ; or (b) if such address is not known and cannot with reasonable diligence be ascertained, the inquiries shall be advertised in the Gazette. 52. The prescribed time for reply to such inquiries shall be .— (a) in cases where the inquiries are required to be sent by registered post, seven days after the date when the inquiries would in ordinary course of post be delivered ; and (b) in cases where the inquiries are required to be advertised in the Gazette, seven days after the date of such advertisement. PART IV.—REPEAL. 58. All Regulations, whether provisional or otherwise, heretofore made under the Act and in force at the commencement of these Regulations are hereby repealed Save as to any right, privilege, obligation, or liability acquired, accrued, or incurred thereunder.  a 10. iL A. Al. A2. A3. REP AST BD (an 5 THE FIRST SCHEDULE. FrEeEs: On filing is as os ‘ : : tee ciple for registration of copyright in a literary or musical work n filing a atio istrati ri i isti pplication for registration of copyright in an artistic work (except copyright in a photograph) : : On filing applic 7 a pplication for registration vet copy sytickit i ina déadiwthe work (except Sopris ts in an original cinematograph production) On filing application for registration of copyright in a Sieies ck On filing application for registration of performing right in a musical or dramatic york O g ‘ > re n filing application for the registration of copyright in an a oe pro- duction ; On filing Sapien for the Waleiedion of the selevialtt in a ‘eseiical oni ance for reproducing a musical work : a . : On request to the Registrar to register an assignment, transmission, or licence, in connexion with a copyright or performing right For inspection of the Register—for each entry eincehiat re or inspec ted For certified copy of an entry in the Register .. On application to the Registrar for amendment of the Re gister ruler ection 36 of he Act SECOND SCHEDULE. InpEx TO CopyRicgHt Forms. Application for registration of copyright in a published original literary, dramatic, musical, or artistic work ve . . : Application for registration of copyright in ina pu blished cituinil fineras y> deinatis. ‘euseal, or artistic work. (By a firm) ae a. <s Application for registration of copy right j in a pu blished Geel ey dramatic, musical, or artistic work. (By a body corporate) .. Ae ae ws ae Application for the registration of copy right in a bolasiee work. (By owner or his assignee, agent, or attorney) is A ae = Application for registration of copy right in an + aapubliched gage literary, dramatic, musical, or artistic work a. oe & ee Application for registration of copyr ight ina pistons pl. (By the author or his assignee, agent, or attorney) z Se os Application for registration of cores a in a photogreph. (By a firm) va Application for registration of copyright in a published mechanical musical contrivance . Application for registration of copyright in an unpublished mechanical musical a vance Application for Hapa musical or dramatic work Statement of address Appointment of agent Request to enter name of sabesctient owner of bepyeicit upon the vegiaver of copy ee Request to enter notification of licence or other document in the register of copyrights . Application for amendment or alteration of the Register under Section 36 of the Act Search warrant under Section 16 (1) (a) of the Act... oe ee ie a a Search warrant under Section 16 (1) (6) of the Act t a Notice under Section 17 of the Act forbidding the performance WOK os “3 es pe aia ce . deter of ‘he sole ik to poctorme or authorize the performance ots a e of a musical or dramatic .. po 5 0 or Oo oo -. 10-0 So ot OL eoooo or PAGE 12 13 14 14 15 16 16 20 20 21 21  FORM A. Copyrights. Commonwealth of Australia. Copyright Act, 1912. APPLICATION FOR REGISTRATION OF COPYRIGHT IN A PUBLISHED ORIGINAL LITERARY, DRAMATIC, Musica, or ArTIsTIC WoRK. (By the author or authors, or his or their assignee, agent, or attorney.) 2. (1) of (2) (3) hereby make application for the registration of the copyright in a (4) work being a (5) entitled (6) W. do hereby declare that the said (4) was first published in (*a part of His Majesty’s ‘Demanions to which the Act extends or a foreign country to which an Order in Council under the Act relates) by at on the and that such date was not later than fourteen days (or such further time as is fixed by law) after the date of its first publication elsewhere. : a do further declare that (7) the author of the said (4) work, and that ger the owner of the copyright therein. And ,,, make this declaration conscientiously believing the statements contained therein to be true in every particular. : Declared at this day of 19 (8). Before me (9) : To the Registrar of Copyrights, Commonwealth of Australia. (1) Name of Applicant (in full). (2) Address. (3) Occupation. S ook i eo (4) State whether “ Literary,”’ “ Dramatic.” or * Musical, oo Artistic ” Work, as the case may be. (5) State whether ‘‘ Book,” “‘ Drama,” “Song,” ~ Painting,” ‘“‘ Work of Sculpture,”’ ‘‘ Lecture,’ &c., as the case may be. : aS : aS (6) Title of Work (in full) or description sufficient to identify it. (7) State the Name of the Author of the Work. (8) Signature of Applicant. one (9) Signature of Person before whom the Declaration is made. : : Nors.—Where the applicant is the assignee from the author the applicant must forward with his application each assignment or instrument by virtue of which he derives his title, with an attested copy thereof. * Strike out whichever is not needed. | FORM Al. a. Commonwealth of Australia, Copyright Act, 1912. APPLICATION FOR REGISTRATION OF COPYRIGHT IN A PUBLISHED ORIGINAL LITERARY, DRAMATIC, Musica, or Artistic WoRK. (By a Firm.) (1) doing business at (2) and composed of the following members (3) hereby applies for the registration of the copyright in a (4) work, being a (5) entitled and I (7) a member of the firm of (1) the applicant named herein, declare that the said (4) work was first published in (*a part of His Majesty’s Dominions to which the Act extends or a foreign country to which an Order in Council under the Act relates) by at on the and that such date was not later than fourteen days (or such further time as is fixed by law) after the date of its first publication elsewhere. I, the said (7) do further declare that (8) the author of the said (4) work, and that the said firm of (1) is the owner of the copyright therein.  Coif) And I, the said (7) i A ; 8 7 make this declaration conscientiously believi ee eee ey artis é scientiously believing the statements contained ¢ Declared at this day 19 : Before me—(10) Z r Rae teas AF Cl . ‘ To the Registrar of Copyrights, Commonwealth of Australia (1) Name of Firm (in full). (2) Place of Business. (3) Name of individual Members of Firm (in full). : — Soar ge nee ** Dramatic,’’**‘ Musical,” or ‘‘ Artistic?’ work, as the case may be ate whether ED A rani! (4 29 C6 Petit 0) SOTO Ok aa Sema ee - - ook, Drama, Song, Painting, Work of Sculpture,” &c., as the (6) (7) Name (in full) of Member of Firm who makes the Declaration. (8) State the Name of the Author of the Work. (9) Signature of person authorized to sign the application. (10) Signature of person before whom the Declaration is made. _ Nore.—W here the Applicant is the Assignee from the Author, the Applicant must forward with his application each assignment or instrument by virtue of which he derives his title, with an attested Copy thereof. * Strike out whichever is not needed. 1 2 3 4 5 m 6 7 8 FORM Az. Copyrights. . 5 alte Commonwealth of Australia. Copyright Act, 1912. ATION OF COPYRIGHT IN A PUBLISHED ORIGINAL LITERARY, DRAMATIC, APPLICATION FOR REGISTR MustcaL, on Artistic WoRK. (By a body corporate.) The (1) a corporation duly organized under the laws of (2) located at (3) and having an established place of business at (4) hereby applies for the registration of the copyright in a (5) work, being a (6) entitled (7) and I (8) declare that the said (5) work was first published in (*a part of His Majesty’s Dominions to which the Act extends or a foreign country to which an Order in Council under the Act relates) by at on and that such date was not later than fourteen days (or such further time as is fixed by law) after the date of its first publication elsewhere. : I, the said (8) do further declare that (9) _ the author of the said (5) work, and that (1) is the owner of the copyright therein. And I, the said (8) make this declaration conscl articular. therein to be true in every particula ae was hereto affixed in the presence of (10) ‘ Signature of Declarant— entiously believing the statements contained The Common Seal of (1) Witness to signature of declarant— : To the Registrar of Copyrights. Commonwealth of Australia. (1) Name of Company (in full). : (2) Name of State or Country under whose laws Company is organized. (3) State where Company is located. : blished. 4) State where place of business is esta oe : i mi ied Skee “Literary, ‘ Dramatic,” “‘ Musical,” or ‘‘ Artistic ° Work, as the case may be. (6) State whether “ Book,” ‘‘ Drama,” “Song,” ‘‘ Painting,” “ Work of Sculpture,” &c., as the case may be. ae (7) Title of Work (in full), or descriptio (8) Name and Address of Secretary es So f the Author of the Work. : of ce} Te ented with Signatures of Officers as prescribed by the Articles of Association of Company. : ‘ oe Nove.—Where the Applicant 1s the Assignee the application each assignment or instrument by Copy thereof. PY, Strike out whichever is not needed. n sufficient to identify it. ) authorized to make Declaration. from the Author, the Applicant must forward with virtue of which it derives title, with an attested  (1 ) —_—_—_—— FORM A3. Copyrights. Commonwealth of Australia. i Copyright Act, 1912. APPLICATION FOR THE REGISTRATION OF COPYRIGHT IN A CoLLEcTIVE Work. (By the owner or owners or his or their assignee, agent, or attorney.) (1) hereby make application for the registration of (2) copyright in a collective yor ing a (¢ entitled (4 ae ear declare that a Lad (3) was first published in (*a part of His Majesty's Dominions to which the Act extends or a foreign country to which an Order in Council under the Act relates) by at on the and that such date was not later than fourteen days (or such further time as is fixed by law) after the date of its first publication elsewhere. I do further declare that (5) is the owner of the copyright in the said (3) And I make this declaration conscientiously believing the statements contained therein to be true in every particular. (6) Declared at this day of 19 Before me—(7) : To the Registrar of Copyrights, Commonwealth of Australia. (1) Name (in full), Address, and Occupation of Applicant. If application is made by an Agent or Attorney, evidence of authority to make the application must be furnished. (2) “My.” our; “then, or — its: (3) State whether ‘‘ Encyclopaedia,” ‘‘ Dictionary,” ‘‘ Year Book,” or similar work. (4) Title of Work (in full), or description sufficient to identify it. (5) Name of Owner of Collective Work. (6) Signature of Applicant. (7) Signature of person before whom the Declaration is made. Notse.—Where the Applicant is the Assignee from the Owner, the Applicant must forward with his application each assignment or instrument by virtue of which he derives his title, with an attested Copy thereof. * Strike out whichever is not needed. FORM B. Copyrights. Commonwealth of Australia. Copyright Act, 1912. APPLICATION FOR REGISTRATION OF COPYRIGHT IN AN UNPUBLISHED ORIGINAL LITERARY, DRAMATIC, Mustcat or Artistic Work. (By the author or authors, or his or their assignee, agent, or attorney.) I We (1) of (2) (3) hereby make application for the registration of the copyright in a (4) work, being a (5) entitled (6) We declare that (7) the author of the said (4) work, and at the time of the making thereof, was (9) Iam I We do further declare that wo Ate the owner of the copyright in the said (4) work.  ( i) And I ake this i we make this declaration conscientiously bel true in every particular. : Declared at this day of leving the statements contained therein to be 19. Before me (11) (10) E ecistre 1 ; 4 o the Registrar of Copyrights, Commonwealth of Australia Name of Applicant (in full) Address. : Occupation. State whether ‘‘ Literary,” ‘“‘ Dr: ic ical,” State whether ‘ ass co yee ing,” 7 oo... State Title of Work in full, or deseri aon ffici chistes ea ee | Name of the Author of the Work. oe ” a. of the negative in the case of a photograph. OS siihjaot mares . _ part of His Majesty's Dominions to which the Act or “ Resident in a foreign Soanery to oe ee cue on : g rder in Council under the Act relates,’’ as the case (10) Signature of Applicant. oe oe the Declaration is made. an soon erg — Assignee from the Author, the Applicant must forward with roe sama g strument by virtue of which he derives his title, with an attested SoS SS SSS FORM C. Copyrights. Commonwealth of Australia. Copyright Act, 1912. APPLICATION FOR REGISTRATION OF COPYRIGHT IN A PHOTOGRAPH. : (By the author or authors, or his or their assignee, agent, or attorney.) We (1) of (2) (3) hereby make application for the registration of the copyright in a photograph entitled (4) i os x7, declare that (5 of (6) We ) the making of the original negative (viz. (7) *T or he was (8) we or they were. I Iam . ce : : : the owner of the copyright in the said photograph. We do further declare that oo are And we make this declaration conscientiously believing the statements contained therein to be true in every particular. (9 the author of the said photograph, and at the time of ) from which it was directly or indirectly derived Declared at this day of 19 Before me—(10) ‘ : To the Registrar of Copyrights. Commonwealth of Australia. Name of Applicant (in full). Address. Occupation. ae a : ee Title of Photograph (in full), or description sufficient to identify it. ae State the name of the Author of the Work, or the words “lam,” or we are, as the case ww ~eLTSTreTe~S 2 requir han the Applicant. 6) Here insert Address of Author if a person other t 7) Fill in date of the making of the negative. a : oe . (3) “A British Subject,” “ Resident within a part of His Majesty's Dopanioms te Ww on ~ Act : ; oe ae -y £0 which ¢ erin C >] er the Act relates, extends,” “‘ a subject or citizen of a foreign country to which an Order in Council unc scr regan or “ Resident in a foreign cou der in Council under the Act re Res ig may be. | (9) Signature of Applicant. |. 10) Signature of person before whom the declaration is made. : ae te Applicant is the Assignee from the Author, the Applic application each assignment or instrument by virtue Copy thereof. : * Strike out whichever 1s not needed. Vo ntry to which an Or vant must forward with his derives his title, with an attested of which he  FORM Cl. Copyrights. Commonwealth of Australia. Copyright Act, 1912. AppLICATION FOR REGISTRATION OF COPYRIGHT IN A PHOTOGRAPH. (By a Firm.) (1) doing business at (2) and composed of the following members (3) : hereby applies for the registration of the copyright in a photograph entitled (4) and I (5) “a member of the firm of (1) the applicant named herein, declare that (6) of (7) the author of the said photograph, and at the time of the making of the original negative a. : ae : he was (viz., (8) ) from which it was directly or indirectly derived they ee) : I, the said (5) do further declare that the said firm of (1) is the owner of the copyright in the said photograph. oS : And I, the said (5) make this declaration conscientiously believing the statements contained therein to be true in every particular. oe ) Declared at this day of 19 Before me—(11) : To the Registrar of Copyrights, Commonwealth of Australia. (1) Name of Firm (in full). (2) Place of Business. (3) Names of individual Members of Firm (in full). (4) Title of Photograph (in full), or description sufficient to identify it. (5) Name (in full) of Member of Firm who makes the Declaration. (6) Here insert (in full) Name of Author of Photograph. (7) Address of Author. (8) Fillin Date of making of the negative. (9) “‘A British Subject,” ‘“‘ Resident within a part of His Majesty’s Dominions to which the Act extends,” “a subject or citizen of a foreign country to which an Order in Council under the Act relates,” ore: Agee in a foreign country to which an Order in Council under the Act relates,” as the case may be. (10) Signature of person authorized to sign the application. (11) Signature of person before whom the Declaration is made. Note.—Where the Applicant is the Assignee from the Author, the Applicant must forward with his apeenen each assignment or instrument by virtue of which he derives his title, with an attested Copy tnereotr. FORM D. Copyrights. Commonwealth of Australia. Copyright Act, 1912. APPLICATION FOR REGISTRATION OF COPYRIGHT IN A PUBLISHED MECHANICAL MuUsIcaL CONTRIVANCE. (By the author or authors, or his or their assignee, agent, or attorney.) I we ()) of (2) (3) hereby make application for the registration of the copyright in a mechanical musical contrivance, being a (4) , for mechanically reproducing a musical work entitled (5) by (6) . The original plate from which the said contrivance was directly or indirectly derived was made by (7) at (8) on (9) : L : of declare that the said contrivance was first published in (*a part of His Majesty’s Dominions to which this Act extends or a foreign country to which an Order in Council under the Act relates) by 5 at on and that such date was not later than fourteen days (or such further period as is fixed by law) after the date of its first publication elsewhere. I : We “oe further declare that (10) the author of the said mechanical contrivance, and that Ila am the owner of the copyright therein. WE are  Cay Zz And make this i i f we me nis declaration conscientiously believi Q : sly eving the statements containe rel ee g the statements contained therein to be Declared at this day of 19 i Before me (12) : ay : the Registi - = ( epyTients, Commonwealth of Australia. Name of Applicant (in full). Address. Occupation. te whether “* Disc,” ** Cylinder,” ‘ Roll,” &c., as the case may be Pitle of Musical Work, and (if necessary) a description sufficient to identify it State the Name of the Author of the Musical Work. i State the Name of Maker of the Plate. State the Place where the original Plate was made. State date on which the original Plate was made. State the Name of the Author of the Contrivance. Signature of Applicant. (12) Signature of Person before whom the Declaration is made. airpiin ates the Applicant is the Assignee from the Author, the Applicant must forward with his vation each assignment or instrument by virtue of which he derives his title, wi attes Copy app 7 es his title, with an attested Copy * Strike out whichever is not needed. ON = _ —_————ererreee SS Se OO WAI OE FORM E. Copyrights. - oo Commonwealth of Australia. ee Copyright Act, 1912. APPLICATION FOR REGISTRATION OF COPYRIGHT IN AN UNPUBLISHED MxrcHANICAL Musical CONTRIVANCE. - (By the author or authors, or his or their assignee, agent, or attorney.) I i . : We (1) of (2) (3) hereby make application for the registration of the copyright in a mechanical musical contrivance, being a (4) , for mechanically reproducing a musical work entitled (5) by (6) é The original plate from which the said contrivance was direct by (7) at (8) on (9) ae declare that (10) the author of the said contrivance, and at the time of the making thereof was (11) : We do further declare that . the owner of the ly or indirectly derived was made copyright in the said contrivance. And = make this declaration conscientiously believing the statements contained therein to be true in every particular. Declared at this day of 19, (12) Before me (13) To the Registrar of Copyrights, Commonwealth of Aust ralia. (1) Name of Applicant (in full). (2) Address. (3) Occupation. 0 . ek (4) State whether © Disc,” ‘‘ Cylinder,’ Roll,”’ &c., as the case may be. (5) Title of Musical Work, and (if necessary) @ description sufficient to identify it. (6) State the Name of the Author of the Musical Work. (7) State the Name of the Maker of the Plate. (8) State the Place where the original Plate-was made. (9) State the Date on which the original Plate was made, 0) State the Name of the Author of the Contrivance. : 1p a British Subject” “resident within a part of His Majesty's Dominions to w hich the Act extends,” ‘‘a subject or citizen of a foreign country to which an Order in Seon _ Jong ro oponl which an Order in Council under the # ct relates, may be. : (12) Signature of Applicant. (13) Signature of Person bef ° - “Norg.—Where the Applicant is f application each assignment or instrument by virtue Copy thereof. ~~ ert “eo W » Declaration is made. : oe oe ant must forward with his with an attested the Assignee from the Author, the Applica I | of which he derives his title,  ( ) FORM F. Copyrights. : Commonwealth of Australia. a Copyright Act, 1912. AppLICATION FOR REGISTRATION OF THE SOLE Rigut TO PERFORM OR AUTHORISE THE PERFORMANCE or A MusicaL oR DramMatic WORK. So (1) of (2) (3) hereby make application for the registration of the sole right to perform or authorize the performance in the Commonwealth of a (4) work entitled (5) : a do hereby declare that (6) the author of the said work, and that (7) the owner of the sole right to perform or authorize the performance of the said work. And ! make this declaration conscientiously believing the statements contained therein to be we true in every particular. : Declared at this day of 19 (9) Before me ; To the Registrar of Copyrights, Commonwealth of Australia. (8) ) Name of Applicant (in full). ) Address. ) Occupation. ) State whether ‘* Musical ”’ or ‘* Dramatic”? Work. ) Title of Work (in full). ) ) (8) Signature of Applicant. (9) Signature of Person before whom the Declaration is made. Norz.—The applicant must forward with his application each assignment or instrument through which he derives his title, with an attested Copy thereof. S centemenaneiememenndamnnanaenen FORM G, Copyrights. | Commonwealth of Australia. Copyright Act, 1912. STATEMENT OF ADDRESS, Sir— I hereby authorize and request you to send all notices, requisitions, and communications in con- co with my application for the registration of the copyright in my (1) entitled (2) OG ; Dated this day of A.D. 19 (4) To the Registrar of Copyrights, Commonwealth of Australia. TH.—A p AC ares: beg OS} x = 2 ? No \* articular addre s must be given. ‘ Be: £ An address such as ‘* General Post office Melbourne (1) Here insert ‘‘ Literary,” ‘‘ ic,” ‘‘ Musical,”’ ‘‘ Artistic ”’ - i i Cuan crag al a Dramatic,” ‘‘ Musical, Artistic? Work, or ‘‘ Mechanical Musical (2) Title of work. (3) Here insert Name and Full Address. (4) Signature of Applicant in full.  ( r ‘ FORM H. Copyrights. Commonwealth of Australia. Copyright Act, 1912. APPOINTMENT OF AGENT. Sir— I(1) hereby nominate, constitute aad appoint (2) of (3) in the Common- wealth of Australia (4) my agent (5) for me in my name (6) registration of my copyright in my (7) entitled (8) and for that purpose to sign on my behalf all documents that my said agent may think necessary or desirable ; and I further empower my said agent to alter and amend any documents, whether originally executed by me or on my behalf, in any manner which may be necessary. Q Dated this day of A.D. 19 (9) Witness— To the Registrar of Copyrights, Commonwealth of Australia. (1) Here insert (in full) Name, Address, and Occupation of Principal. (2) Here insert (in full) Name of Agent. (3) Here insert Full Address of Agent. (4) Here insert Occupation of Agent. (5) Principal may here insert the words “ with full powers of substitution and revocation.” (6) Here insert purpose for which Agent was appointed, such as ‘‘ to apply for and obtain.” (7) ‘‘ Literary,” ‘‘ Dramatic,” ‘‘ Musical,” “ Artistic ” Work, or “‘ Mechanical Musical Contrivance,” case requires. ) Title of Work. ) Signature of Applicant (in full). 7 as the (8 (9 FORM I Copyrights. Commonwealth of Australia. Copyright Act, 1912. REQUEST TO ENTER NAME OF SUBSEQUENT OWNER OF COPYRIGHT UPON THE REGISTER OF Copy- RIGHTS. Place Date — a : I(1) hereby request that you will enter my name in the Register of Copyrights as owner of the copyright in the (2) entitled (3) which was entered in the Register of (4) yrig Dy) copyrights on the day of 19 : a T am entitled to the said copyright by virtue of (5) And in proof whereof T transmit the accompanying (6) Dated this day of Ap, 19. os with an attested copy thereof. To the Registrar of Copyrights, Commonwealth of Australia. é d tion of Applicant. : 5 Ne ad ia oa” Work: ae Mechanical Musical Contrivance, ” 1) Here insert (in full) ess, and Occu) ea ‘“‘ Literary,“ Dramatic,’ ‘‘ Musical, Artistic as the case requires. a a “Dramatic,” “* Musical,”’ or “* Artistic,” as the et requires. (5) Here insert particulars showing how Transferee derives his Title. (6) Here insert the Nature of the Document. (7) To be signed by the Person applying for Registration of the Transfer.  (wo 4 ————————— FORM J. Copyrights. Commonwealth of Australia. Copyright Act, 1912. Request To ENTER NoviricaTIon OF LICENCE OR OTHER DocUMENT IN THE REGISTER OF COPYRIGHTS. Place Date T(1) hereby transmit an attested copy of (2) under Copyright No. (3) which was entered in the Register of (4) copyrights on the day of 19 L also enclose the original document for verific ation, and I have to request that a notification thereof may be entered in the Register. Dated this day of ap. 19 (Signature) To the Registrar of Copyrights, Commonwealth of Australia. ) Here insert (in full) Name and Address. ) Here insert a description of the Nature of the Document. ) Here insert the Number of the Entry. ) “Literary,” “ Dramatic,’ ‘‘ Musical,” or ‘‘ Artistic,” as the case may be. FORM K. & mre : Copyrights. Commonwealth of Australia. Copyright Act, 1912. APPLICATION FoR AMENDMENT OR ALTERATION OF THE REGISTER UNDER SECTION 36 OF THE ACT, I(1) of (2) (3) the owner of Copyright No. (4) which was entered in the Register of (5) copyrights on the day of A.D.19_ , request that you will amend or alter the Register in the following manner :—(6) And I do hereby declare that the error arose through the followi ing circumstances :—(7) And I make this solemn declaration ¢ onscientiously believing the statements contained therein to be true in every particular. Dated this day of A.D. 19 Declared before me at this day of A.D. 19 (9) To the Registrar of Copyrights, Commonwealth of Australia. (1) Name (in full) of Registered Owner of Copyright or Performing Right. (2) Address. (83) Occupation. (4) Here insert the Number of the Entry. (5) *‘ Literary,” ‘“‘ Dramatic,” ‘‘ Musical,” or ‘* Artistic,” as the case may be. (6) Here set out desired Amendment or Alteration of the Register. (7) Here furnish particulars of the circumstances under which the error arose. (8) To be signed by the Registered Owner. (9) "Eo be signed by the Person before whom the Declaration is made. FORM L. Copyrights. : Commonwealth of Australia. Copyright Act, 1912. Search Warrant UNDER Section 16 (1) (a) of THE Act. gi a a constable of police in the State of and to all constables of police in the said ate Whereas I am satisfied by evidence that there is reasonable ground for believing that infringing copies of (1) work, bearing the following title or description, viz. : (2) are being sold , or offered for sale at (3) in the State of (4) . These are therefore to authorize and  ( a) command you, in the Kin rs nh seiz k i oe f r s S g §S name, to seize t é i ‘ij i i i wi ir ) ( ) e said alleg d in ringing copies of said ork, and to bring Given under my ha 5 sad : ; on y hand and seal, at in the State of the day of : (L.3.) A Justice of the Peace in the State of (1) Here insert “‘ Literary,’’ ‘‘ Dramatic,’ “ Musical (2) Here insert, sufficient for identi Dramatic, Musical, or Artistic Work. (3) Here insert Name of Town or Place. (4) Here insert Name of State. S fe pe Sega the Court of Summary Jurisdiction before which the said alleged infringing copies : ,’ or “Artistic ” Work, as the case requires. fication purposes, the Title, or a Description of the Literary, FORM M. Copyrights. Commonwealth of Australia. Copyright Act, 1912. SHARCH WARRANT UNDER Suction 16 (1) (5) oF THE Act. é To a constable of police in the State of and to all constables of police in the said tate. Whereas I am satisfied by evidence that there is reasonable ground for believing that infringing copies of a (1) work, bearing the following title or description, viz. : (2) are to be found in (3) in the State of (4) : These are therefore to authorize and command you, in the King’s name, to search, between sunrise and sunset, the said (5) , and to seize the said alleged infringing copies of the said (1) 's. work, or any copies reasonably suspected to be infringing copies of said work found by you therein, and to bring them before (6) ‘ Given under my hand and seal, at in the State of the day of A.D. 19 (L.S.) A Justice of the Peace in the State of (1) Here insert “‘ Literary,” “‘ Dramatic,” “‘ Musical,”’ or Artistic’? Work, as the cage requires. (2) Here insert, sufficient for identification purposes, the Title or a description of the Literary, Dramatic, Musical, or Artistic Work. oo : : (3) Here describe the House, Shop, or other Place where the alleged infringing copies are believed to be, and the Town or Place in which it is situated. (4) Here insert Name of State. : (5) Here insert House, Shop, or Place, as the case requires. (6) Here insert the Court of Summary Jurisdiction before w are to be brought. hich the said alleged infringing copies FORM N. Copyrights. Commonwealth of Australia. Copyright Act, 1912. ACT FORBIDDING THE PERFORMANCE OF A MUSICAL OR DRAMATIC ‘E 3R SECTION 17 OF THE Norick UNDER} ae To (1) I hereby give you notice that (2) Bre the registered owner of the sole right to perform a (3) nereby 5 i F g ich vi is i ) ig ffice on the day of *k entitle hich right was registered in the Copyright O 1e f Mig eg ee have pane ground to believe that bee ee pies pe oe. part i orm said work at (5 in infringement of the said sole mgat © ae ee ie pcre with section 17 of the Copyright Act, 1912 (a copy of which  ( 22 ) in public of the said work in infringe- frain from performing or taking part , that I forbid the performance the said sole right to perform at (5) and that I require you to re id work in infringement of section is indorsed on this notice) ment of the said sole right to perform, in the performance in public of the sa or at any other place. Dated the day of A.D.19 . (6) and Address of the Person to whom notice is given. and Address of the Owner of the sole right to perform. > as the case requires. Dramatic Work. (1) Here set out the Name, Description, (2) Here set out the Name, Description, (3) Here insert ‘“ Musical ”’ or ‘* Dramatic,’ (4) Here set out the title of the Musical or (5) Here set out place where performance is believed to be about to take place. (6) To be signed by the Owner of the sole right to perform or his Agent. If signed by the Agent, the words “‘ Agent of the Owner of the sole right to perform appointed in writing ” are to be added. Norz.—A copy of section 17 must be indorsed on this notice. BRADBURY, AGNEW, & CO. LD., PRINTERS, LONDON AND TONBRIDGE,  ( 22 ) section is indorsed on this notice), that I forbid the performance in public of the said work in infringe- ment of the said sole right to perform, and that I require you to refrain from performing or taking part in the performance in public of the said work in infringement of the said sole right to perform at (5) or at any other place. Dated the day of A.D. 19 6) 1) Here set out the Name, Description, and Address of the Person to whom notice is given. 2) Here set out the Name, Description, and Address of the Owner of the sole right to perform. ) Here insert “‘ Musical” or “ Dramatic,” as the case requires. ) Here set out the title of the Musical or Dramatic Work. 5) Here set out place where performance is believed to be about to take place. (6) To be signed by the Owner of the sole right to perform or his Agent. If signed by the Agent, the words ‘‘ Agent of the Owner of the sole right to perform appointed in writing ’’ are to be added. Notz.—A copy of section 17 must be indorsed on this notice. BRADBURY, AGNEW, & CO. LD., PRINTERS, LONDON AND TONBRIDGE.    Supplement to THE AUTHOR, July, 1914 THE INDIAN COPYRIGHT BILL, 1914. SOCIETY OF AUTHORS, PLAYWRIGHTS AND COMPOSERS, THE INCORPORATED 1 CENTRAL BUILDINGS, TOTHILL STREET, WESTMINSTER, 8.W.   A BILL TO MODIFY AND ADD TO THE PROVISIONS OF THE COPYRIGHT ACT, 1911. WueErEas it is expedient to modify and add to the provisions of the Copyright Act, 1911, in its application to British India; it is hereby enacted as follows :— CHAPTER I. PRELIMINARY. 1.—(1.) This Act may be ealled the Indian Copyright Act, 1914. (2.) It extends to the whole of British India, including British Baluchistan, the District of Angul and the Sonthal Parganas. 2. In this Act, unless there is anything repugnant in the subject or context— (1.) ‘* The Copyright Act ’’ means the Act of Parliament entitled the Copyright Act, 1911; and (2.) Words and expressions defined in the Copyright Act have the same meanings as in that Act. CHAPTER II. : CONSTRUCTION AND MopIFICATION OF THE Copyricut ACT. 8. In the application to British India of the Copyright Act (*a copy of which Act, except such of the provisions thereof as are expressly restricted to the United Kingdom, is set out in the First Schedule), the following modifications shall be made, namely :— (1.) The powers of the Board of Trade under section 8 shall, in the case of works first published in British India, be exercised by the Governor General in Council ; (2.) The powers of the Board of Trade under section 19 shall, as regards records, perforated rolls and other contrivances, the original plate of which was made in British India, be exercised by the Governor-General in Council; and the confirmation of Parliament shall not be necessary to the exercise of any of these powers ; The references in section 19, sub-section (4) ection 2: (1), to arbitration shall be read as references to arbitration in ae with the law for the time being in force in that part of British India in which the dispute occurs ; (4.) As regards works the authors whereof were at the time of the making of the works resident in British India, and as regards works first published in British India, the reference in section 22 to the Patents and Designs Act, 1907, shall be construed as a reference to the Indian Patents and Designs Act, 1911, and the reference in the said section to section ae of the Patents and Designs Act, 1907, shall be construed as a reference to section 77 of the Indian Patents and Designs Act, 1911; i rinted as they stand in the Act, but the Act of 1911 : ST “oh pain te Schedule : Members of the Society have already received this as a Supplement to The Author.—Ep. , and in section 24, sub-section accordance (3.) 1 & 2 Geo. 5, ec. 46, Short title and extent. Definitions. 1 & 2 Geo. 5, c. 46. Application of copyright Act to British India with adapta- tions. 7 Edw. 7, ec, 29. II, of 1911.  Modification of copyright as regards translation of works first pub- lished in British India. Musical works made by resident of, or first published in, British India. Importation of copies. VIII. of 1878. VII. of 1878, (4A) (5.) As regards works first published in British India, the reference in section 24, sub-section (1), proviso (a), to the London Gazette and two London newspapers shall be construed as a reference to the Gazette of India and two newspapers published in British India ; and the reference in proviso (b) of the same sub-section of the same section to the 26th day of July, 1910, shall as regards works the authors whereof were at the time of the making of the works resident in British India, and as regards works first published in British India, be construed as a reference to the 30th day of October, 1912. 4.—(1.) In the case of works first published in British India, copyright shall be subject to this limitation that the sole right to produce, reproduce, perform or publish a translation of the work shall subsist only for a period of ten years from the date of the first publication of the work ; Provided that if within the said period the author or any person to whom he has granted permission so to do publishes a translation of any such work in any language, copyright in such work as regards the sole right to produce, reproduce, perform or publish a translation in that language shall not be subject to the limitation prescribed in this sub-section. (2.) For the purposes of sub-section (1) the expression ‘‘ author ”’ includes the legal representative of a deceased author. 5. In the application of the Copyright Act to musical works the authors whereof were at the time of the making of the works resident in British India, or to musical works first published in British India, the term ‘“ musical work ”’ shall, save as otherwise expressly provided by the Copyright Act, mean “ any combina- tion of melody and harmony, or either of them, which has been reduced to writing.” 6.—(1.) Copies made out of British India of any work in which copyright subsists which if made in British India would infringe copyright, and as to which the owner of the copyright gives notice in writing by himself or his agent to the Chief Customs Officer, as defined in the Sea Customs Act, 1878, that he is desirous that such copies should not be imported into British India, shall not be so imported, and shall subject to the provisions of this section, be deemed to be prohibited imports within the meaning of section 18 of the Sea Customs Act, 1878. (2.) Before detaining any such copies or taking any further proceedings with a view to the confiscation:thereof, such Chief Customs Officer, or any other officer appointed by the Local Government in this behalf, may require the regulations under this section, whether as to information, security, conditions or other matters, to be complied with, and may satisfy himself, in accordance with these regulations, that the copies are such as are prohibited by this section to be imported. (3.) The Governor-General in Council may, by notification in the Gazette of India, make regulations, either general or special, respecting the detention and confiscation of copies the importation of which is prohibited by this section, and the conditions; if any, to be fulfilled before such detention and confiscation ; 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.) Such regulations may apply to copies of all works the importation of copies 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 re-imbursing the Secretary of State for India in Council all expenses and damages incurred in respect of any  (7) detention made on his informati : us infor , proceedings oy Seae] ne piaeaphe aie san and of any proceedings consequent on such — ; . Ly E Ovi 9h a given under the Copyright Act to the s ‘rs of Customs and Excise of the United King 1 a tt Kingdom, and communicated ; it a y to any authority in British India, shall be deemed to have been given by the owner to the said Chief Customs Officer. (6.) This section shall have effect as the necessary modification of section 14 of the Copyright Act. CHAPTER III. PENALTIES. 7. If any person knowingly— (a) Makes for sale or hire any infringing copy of a work in which copyright subsists ; or (b) Sells or lets for hire, or by way of trade exposes or offers for sale or hire, any infringing copy of any such work; or (c) Distributes infringing copies of any such work, either for the purposes of trade or to such an extent as to affect prejudicially the owner of the copyright ; or (d) By way of trade exhibits in public any infringing copy of any such work ; or (e) Imports for sale or hire into British India any infringing copy of any such work ; he shall be punishable with fine which may extend to twenty rupees for every copy dealt with in contravention of this section, but not exceeding five hundred rupees in respect of the same transaction. 8. If any person knowingly makes, or has in his possession, any plate for the purpose of making infringing copies of any work in which copyright subsists, or knowingly and for his private profit causes any such work to be performed in public without the consent of the owner of the copyright, he shall be punishable with fine which may extend to five hundred rupees. 9. If any person, after having been previously convicted of an offence punish- able under section 7 or section 8 is subsequently convicted of an offence punishable under either of these sections, he shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both. : es 10.—(1.) The Court before which any offence under this chapter . trie el whether the alleged offender is convicted or not, order that all pee of the w on or all plates in the possession of the alleged offender, which cage - - infringing copies, or plates for the purpose of making infringing caine e - Le or delivered up to the owner of the copyright, or otherwise dealt with as the Court may think fit. (2.) Any person a ffected by an order under sub-section (1) may, within thirty days of the date of such order, appeal to the Court to a _ sa i Court making the order ordinarily lie ; and such appellate see irect that execution of the order be stayed pending consideration of the appeal. ee, 11. No Court inferior to that of a Presidency Magistrate or a Magistrate inst this Act. f the first class shall try any offence against : 12. The provisions of this chapter shall not apply to section 9 of the Copyright Act, regarding the restrictions on r of a work of architecture, applies. any case to which emedies in the case Offences in respect of infringing copies. Possession of plates for purpose of making infringing copies, Punishment on second conviction. Power of Court to dispose of infringing copies or plates for purpose of making infringing copies. Cognizance of offences. Saving in case of infringe- ment by construction of building.  fe) CHAPTER IV. MISCELLANEOUS. uit or other civil proceeding regarding infringement of copyright d tried in the High Court or the Court of the District Judge. Bn emit ding instituted after the 30th of October, of copyright. 1912, regarding infringement of copyright in any book the author whereof was at Effect of non- the time of making the book resident in British India, or of any book first published registration =| British India, shall be dismissed by reason only that the registration of such under Act : : ae s XX. of 1847. book had not been effected in accordance with the provisions of the Indian Copy- XX. of 1847. right Act, 1847. Repeals. 15. The enactments mentioned in the Second Schedule are hereby repealed to the extent specified in the fourth column thereof. Courts having 18. Every s oh pea shall be instituted an garding * ete une 14. No suit or other civil procee FIRST SCHEDULE. ImeurmaL Copyricut Act, 1911, pxcEPT SECTIONS 11—13. SECOND SCHEDULE. Repeal of Enactments. (See Section 15.) Year. No. Short Title. Extent of Repeal. 1847 XX. | The Indian Copyright | So much as has not already been repealed. Act, 1847 1867 XXV. | The Press and Regis- | In section 18 the following words, namely :—‘‘ Every tration of Books Act,| registration under this section shall, upon the payment 1867 of the sum of two rupees to the office keeping the said Catalogue, be deemed to be an entry in the Book of Registry kept under the Act No. XX. of 1847 (for encouragement of learning in the territories subject to the government of the East India Company, by the defining and providing for the enforcement of the right called copyright therein) ; and the provisions contained in that Act as to the said Book of Registry shall apply mutatis mutandis to the said catalogue.” 1878 VIII. | The Sea Customs Act, | Clause (a) of section 18. 1878 This Bill was passed at a meeting of the Council of the Governor-General : of India for the purpose of making Laws and Regulations on the twenty-fourth day of February, 1914. (Sd.) HarpincEe oF PENSHURST, President. The 24th February, 1914. I assent to this Bill. (Sd.) Harprince oF PENSHURST, Viceroy and Governor-General. The 24th February, 1914. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Author, Vol. 24 Issue 10 (July 1914) Subject The topic of the resource <em>The Author</em>, Vol. 24 Issue 10 (July 1914) Type The nature or genre of the resource Publication Identifier An unambiguous reference to the resource within a given context 1914-07-01-The-Author-24-10 publications The Author https://www.historysoa.com/files/original/4/543/1913-Commonwealth-of-Australia-Copyright.pdf 9c64fc1fdae13c43ae22567bdbb02a29 PDF Text Text �������� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Society of Authors Publications Identifier An unambiguous reference to the resource within a given context publications Publication Date The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format) 1913 Volume 23 Publisher(s) When used for publications, publisher of the periodical or book. When used for people, list of publishers they worked with during their lifetime Bradbury, Agnew & Co. Location The location of the event or organisation London Ngram Date Version of the date in YYYYMMDD format for use by the Ngram plugin 19130701 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Commonwealth of Australia: Copyright (1913) Subject The topic of the resource <em>The Commonwealth of Australia: Copyright</em> (1913) Description An account of the resource A full summary of the copyright Bill as assented to on 20 November 1912. Relation A related resource <a href="https://historysoa.com/items/browse?advanced%5B0%5D%5Belement_id%5D=89&amp;advanced%5B0%5D%5Btype%5D=is+exactly&amp;advanced%5B0%5D%5Bterms%5D=23&amp;sort_field=added">Supplement to <em>The Author</em>, Vol. 23</a> Type The nature or genre of the resource Publication Identifier An unambiguous reference to the resource within a given context 1913-Commonwealth-of-Australia-Copyright Australia copyright publications The Author https://www.historysoa.com/files/original/4/237/1896-Lunge-Contract-of-Publication-in-Germany-Austria-Hungary-Switzerland.pdf 38831cc8a09fa5f98d2204c0f4704d44 PDF Text Text || sº | THE - CONTRACT OF PUBLICATION IN GERMANY, AND Austria, HUNGARY, SWITZERLAND. By ERNST LUNGE, J.U.D. 2s. 6d. ��º º THE CONTRACT OF PUBLICATION IN GERMANY, AUSTRIA, HUNGARY, AND SWITZERLANI). By ERNST LUNGE, J.U.D. Published for the Society of Authors. | ??- -- s �º Q, e 5. º ‘IBRARS PRINTED BY HORACECOX, WINDSORHOUSE, BREAM's BUILDINGS, E.0. �THE CONTRACT OF PUBLICATION IN GERMANY, AUSTRIA, HUNGARY AND SWITZERLAND, BY ERNST LUNGE, J.U.D. or in be no in of in it its THE following synopsis of the leading principles of law governing the Contract of Publication refers to those European States that have either adopted the German original form closely followed Code of Commerce in corresponding codes; the former being the case with the German Empire and Austria, the latter with Hungary legal thinking thereby and Switzerland. The affinity widely differing many other respects evinced countries in ” a of to of of of or in as in by or in of of to as for the States under our notice may comprising “greater Germany regard Unfortunately, the Contract the evolution the law. Publication has found no place the German com mercial code, and the more less pronounced uniformity statutes, practice, and doctrine secured that great legislative work for commercial law throughout central Europe has been seriously obstructed regards the legal publisher; relations between author and even the German Empire has, apart from one two accidental provisions the Copyright Bill 1870 and elsewhere, no common law the Contract Publication with the authority an imperial enactment. No doubt that omission was mainly improve, the caused by, but certainly has not helped is accident, described B �2 THE CONTRACT OF PUBLICATION IN unsatisfactory state of all doctrine connected with Authors’ Rights. For this is by far the most disputed ground of all civil law in Germany, and whoever is aware of the enormous influence wielded by pure doctrine and theory on the practical issues—i.e., legislation and practice, of German law, will readily understand that the matter can never be settled until Jurisprudentia Docens has made up her mind; of which there is not much of a prospect at the present moment. I Like every self-respecting student of German law, am, of course, provided with notions of my own upon the subject, and am prepared to part, at a great sacrifice, with a brand new theory of Authors’ Rights, dissenting, in every particular, from anything said before. But here should like to leave abstractions and classifications out of I court and merely to show the most important issues raised and identically or similarly decided within the provinces of German law. Now, in spite of all said above, the Contract of Publication will be found, when descending from the theory and appearing in cothurnus of semi-metaphysical real life, to be, in all main respects, the same all over the States under our cognizance. The institutions of the trade and (unfortunately) the conditions of literary production are the same; this ensures similar sets of conflicting interests, and they in their turn can meet with no great variety of legal conception and treatment, where the cast of the judicial mind is the same. If, then, theoretical squabbles have prevented uniform legislation, the exigencies of life have called for, and the German lawyers, trained in the stern school of Roman Law, were able to provide, a set of rules covering the whole ground of the Contract of Publication and insuring a tolerable uniformity of practice for the German speaking nations. But for a few fragments and occasional utterances, we should know nothing at all about publishing and the manu �GERMANY, AUSTRIA, HUNGARY, AND SWITZERLAND. 3 script trade of ancient Greece, and we cannot hope for any addition to those scanty sources of information. Yet we are safe in assuming that author and publisher had no occasion for a legal understanding as to the publication of the works of the former. Fees were as unknown as the principle of copyright; no learned Greek would have stooped to make money by work for the book market. No doubt authors sold their manuscripts, but to wealthy gentlemen, and not to the trade. All trade profits publisher managed went to the who to obtain a new work. considerable This is little enough, but we do not know even as much as that about prosperous Alexandria. The influx of learned Greeks after the subjection of their own country gave the lagging book trade of Rome a mighty spurt, and caused it to rise to a noble height.* The wholesale business of an important Roman publisher was equal to the production of enormous numbers of cheap copies; it was by no means so far behind our modern achievements as might be imagined, and certainly superior to the efforts of the primitive printing press. The methods of the Roman trade anticipated modern publishing on more than one line. As Birt remarks, the Roman author could address the masses and write for the wide world. Horace might have lived in our days, to have written: Hic meret aera liber Sosiis, hic et mare transit, Et longum noto scriptori prorogat aevum. The highly evolved trade of Rome cannot have dispensed with some sort of real agreement between author and * Prof. Kohler has appended a brilliant review of the social conditions production and of the publishing trade of Rome to his “Autorrecht.” Valuable historical notes will also be found in Birt’s “Das antike Bucherwesen; ” Kapp’s “Geschichte des deutschen Buch handels,” and Schuermann’s “Rechtsverhaltnisse der Autoren und Verleger,” cover the age of printing up to this century. I am indebted to these works for many of the following data. of literary B 2 �4 THE CONTRACT OF IN PUBLICATION publisher; but, clearly defined as they were even then, the peculiar interests of the parties to the Contract of Publication do not appear ever to have called for special juridical consideration anyhow, and construction; the records of Civil Law are absolutely silent on the subject. This evident absence of litigation is easily explained. Authorship was no recognised profession; social economics had no cognisance of the writer as bread-winner; the dignity of free labour as a factor of production is a modern notion. And then publicity was by no means, as a rule, the main object of a Roman author's work. This in itself barred the evolution of typical author's interests which, must otherwise, in the course of time, have engaged the attention of lawyers and found some legal formulation. It was rather to the court, to magnates and rich grandees, than to publishers, that authors in quest of reward might look for remuneration, and we have sufficient evidence of extraordinary prices realised by the sale of MSS. to that class of patrons. This had, of course, no direct connection with the success of any one publication; but manifestly the market value of those dedications and sales depended, on the whole, upon the appreciation of poet or author by the public, and this appreciation was contingent on the dispersion of their works. Yet the author's more or less noble, but readily discerned, interest in the success of his publication does not seem to have been recognised as sufficiently substantial to lead to a claim on the publisher to force the sale. in is at It of to an it, At that period copyright and piracy were terms as yet unknown. The notion of “intellectual property” would have been unintelligible to those times. It was a general custom to copy manuscripts for one's own use; special copyists were kept by such as could afford and some rich bibliophiles kept organised staff writers work bringing their private libraries up date. not im ~ �GERMANY, AUSTRIA, HUN GARY, AND SWITZERLANI). probable that the etiquette of the trade held wholesale competition in check; friendly understandings, if not 5 illicit bind ing agreements, may have led to some sort of protection of a publisher's new enterprises; but they cannot have been very effectual or far-reaching. Birt's hypothesis, according to which collegia librariorum or bibliopolarum enforced respect for publishers’ rights, is entirely unsupported by evidence, and Kohler himself must disclaim the existence of any proof for his belief in protective privileges or monopolies supposed by him to have been granted to publishers. Nor can the absence of complaints about competition be taken as evidence of any of those restraints on special competi tion. It is rather the other way; measures against piracy must remain a dead letter, where the detection of spurious copies, easy enough since uniform editions are printed, was a technical impossibility; apart from other considerations, no system of legal protection could have suggested itself to the Roman publisher, who had his editions produced by troops of slaves writing to dictation. For all this, the trade flourished; publishers were on the look-out for new writings, and an author prepared to do with private libraries could see no objection to selling a copy of his latest work to a bibliopole who made it worth his while. But the transaction in question thing and nothing comprised the sale of a corporeal beyond, and even its frequent occurrence does not substan tiate the hypothesis of a type of contract ensuring other valuable rights to the author than that to the purchase They never came to distinguish the value of the price. author's production apart from its material substratum, the manuscript; the disposal of the latter invariably included the former—they sold manuscripts, but made no Contracts of Publication. We shall see later on that the business same confusion own century. obtained in the age of printing, up to our �THE 6 CONTRACT OF PUBLICATION IN There may have been isolated cases in which writers made a regular income by the sale of their manuscripts to publishers, as was very probably done by Martial; on the whole, however, there was no money in it; that class of transactions was never important enough to receive specific legal treatment or an independent economic status. Quinctilian's letter to his publisher Tryphon does not as much as allude to the question of remuneration. Juvenal's satire, seventh whilst enumerating the most trifling sources of income of rhetoricians, advocates, and other professions, As has not a word to say about authors’ fees. rights” were there to be assigned, the no “authors’ publisher of a new work had to rely on turning to profit the advantage gained by his priority in the market, by getting the start of his competitors with his new publica tion. Even the highly problematical restriction of the forms of illicit competition by conventions or would not have made much difference in this respect. On the other hand, it was a matter of common decency for the author to warrant that priority, grossest trade-usage, perhaps even to refrain from competing later on with copies prepared for his own account; some trace of such a rule may be found in Martial's testimony: Exigis ut donem nostro tibi, Quinte, libellos. Non habeo, sed habet bibliopola Tryphon. Martial IW., 72. . . et faciet lucrum bibliopola Trypho, Martial XIII., 3. At any time would copies produced by, or under the control of, the author himself have got the better of a publisher's edition which, at its best, was a perfunc torily manufactured article. Simple, then, as were their business dealings, yet authors and publishers were often intimately associated. The personal correspondence seller's weighty of Cicero with Atticus discloses the book influence on the great writer's publications, �GERMANY, AUSTRIA, HUNGARY, AND SWITZERLAND. 7 and amply illustrates the attention paid by Cicero to his publisher's opinion on the daily progress of his labours. Many a Roman publication was due to publishers' incitation, to their appeals for new works, or their encouragement of hesitating authors. As remarked above, the term of author was far from being identical with that of writer for the public. Style and form were far more important in those times than nowadays, and all those works that had been composed for ephemeral purposes, or for certain circles only, would but reluctantly be yielded to publicity, to be for ever attached in a definite shape to the author's name and fame. That sort of scruple had to be Then, overcome by the publisher's powers of persuasion. purely very a serious obstacle of a technical nature encountered every author aspiring to publicity, in the exigencies of the materials from which the editions were manufactured: in the limited size of the rolls, each of which was supposed complete to contain an independent work or section, and the limits of which the writer was bound to observe, not only when arranging and rigidly distributing subject-matter, but throughout the Thucydides or Plato knew of no procrustean restrictions, but now a work intended for publication was of necessity the result of a compromise between the impulse to free, unfettered production and the hampering conditions of the book market. the composition. Publishing enterprises were commonly carried through at the risk and expense of the publishers, some of whom were wholesale tradesmen on a grand scale. In some cases, however, the author was his own publisher, as Cicero in the beginning of his career as a writer. Again, in others we find a stage of transition from the latter (the earlier), system into the former, the author taking part of the expense upon himself; so Cicero shared the consider able cost of the paper with his publisher. On the other �THE CONTRACT OF PUBLICATION 8 hand, nothing to prove that the author had a we have pecuniary IN interest in the sale. If Cicero decided to let have all his future works, because that clever Atticus publisher had brought about an extensive sale of the speech pro Q. Ligario, we need not look beyond the orator's notorious vanity and craving for popularity for an explanation. Birt has arbitrarily interpreted that deter mination of Cicero's as emanating from satisfaction at his share in the profits, and believes this hypothetical partnership to prove a common system of remuneration. letters, whilst All that is mere guess work. Cicero's referring to the least important details, never allude to any of in In to an and, when finished copies also highly probable that copies free charge, which of by to a was allowed number he would dispose his best advantage. of of is were revised and corrected. he necessary, the It was recognised, a ; to of a by to in by if by to or of a in of of, financial benefit derived from his connection with Atticus. Publications by, or on behalf the writer himself probably originated the production small copies for exchange with other authors number for patrons, under the author's immediate control, sale not his own hand; but we are left doubt about the disposing methods employed him his work where real edition was offered the public. return for the pecuniary sacrifice made author contributing the cost the edition, his literary interests met with some consideration his claim careful reproduction Italy its in of to of of of of The fall the Roman Empire was not survived the vigorous literary life and the grand book trade days affluence. All learning, the entire production and reading matter were banished consumption the higher civilisation monasteries, until the resurrection in of a awakened considerable demand for manuscripts, calling into life new systems organised copying that had, however, nothing common with the Roman trade �GERMANY, AUSTRIA, HUNGARY, AND SWITZERLAND. 9 Above all, there was no occasion for dealings between authors and publishers. It remained for the printing press to bring contemporary scholars again together with literary enterprisers. The production of printed books was originally a purely undertaking. industrial When the publishers first ap methods. men of letters, it was in quest of services that were to be entirely subsidiary to their own trade purposes. proached It did not occur to the publisher of the German-speaking nations to look for works by living authors until the 16th century was well advanced; certainly any original works that may have appeared before then have been lost amidst the reproduction of mediaeval manuscripts; the demand for books was well met by Fathers of the Church, Bibles, classics, and school-books. The main conditions of a satisfactory reproduction were possession of a correct manuscript, and the control of the printers by a literary expert. Not a few of the early continental publishers were qualified for editing the manu the scripts themselves, being men of considerable learned This was no mere coincidence, for a pub lisher's success in business was often dependent on the taste he displayed in selecting the treasures of the classic ages. Publishers like Aldus and Froben were supported by alike their enthusiasm and by their knowledge. But technical skill was not always paired with literary ability; those printers who knew their own trade but could not dare to undertake the recension of ancient texts themselves, turned to specialists for this part of the work, at first to clergymen, later on with a preference for young humanists. The progress of printing and publishing made this division of labour the rule. The office of the correctors, attainments. or castigators, as they came to be called, was of no mean importance; they were responsible, not only for the pre paration of the copy, but also for correct composition, as �10 THE CONTRACT OF PUBLICATION IN yet by no means a matter of course. The choice of suitable recensors and castigators was always of much concern to the great printers of Strasburg, Nuremberg, and of Basle, and they managed to secure the ser especially vices of a number of the most important savants of the Brandt, age of the Reformation ; men like Sebastian Melanchthon, Beatus Rhenanus, Erasmus, were retained as castigators literary experts. The times had changed of letters was openly paid for services rendered. Erasmus tells us, that Froben spent enormous sums for the recension of his publications. We have, however, no record of specific amounts paid to casti or Now the indeed. man gators. The legal the contracts relations in question were simply those of for services, for doing work on materials, or for doing a specific piece of work. But the association embraced, from the very first, the nucleus of interests of which the pure types of contracts named would have no literary interest of the editor in the work cognisance—the under his care. Even the earliest humanists, to whom the recension of classics was intrusted, wrote intro produced ductory notes, verses of praise or appendices, never omit ting to advance their own claims to be known as editors This was no innovation. Up to the last, the Romans were at the greatest pains to carefully preserve and transmit the true text of the classics. The subscriptions added to the manuscripts, with their legi, distinati, ememdavi, bear witness of that in an unmistakable way. Those who charged themselves with the labour were not of the clergy, but laymen, and were often enough of the highest secular standing. Even a Roman emperor, Theodosius II., prided himself in his capacity as recensor. The great humanists of the Reformation could never have under rated the classics, importance and a lofty of their work as trustees view did they take of of the their �GERMANY, AUSTRIA, HUNGARY, AND switzERLAND. 11 Their dignity was not thought to be fact that they stood under a contract for services; often enough the publisher himself was prompted as much by his enthusiasm for letters as by the functions as editors. impaired by the love of gain. And then, the office of the mere corrector or proof-reader was soon differentiated from that of the learned editor, when once the first professors of the age had stepped into the ranks of castigators. No less a man than Erasmus objected strongly to being confounded with the common proof-reader. These facts of history go far to explain the peculiarities of the German Contract of Publication. To instance one, every and any sort of fee paid to authors is called, up to the present day, “honorarium,” in unconscious imitation of those early contracts for professional services, though the transaction in question may be a sale pure and simple. But the reason of that affinity lies deeper than in superficial traditions. Had the Romans known a special Contract of Publication, it would have been adopted as a matter of course, at least for original contemporary works when they once began to be published, for the Civil Law was then on its triumphal march through the civilised But, in the absence of Roman enactments, and, of world. course, of anything of the kind among the old Teutonic institutes, they did not trouble themselves about finding some other suitable type of contract, e.g. partnership, as legal adjustment of their dealings; and the publication of original productions was regarded, as far as the relations between authors and publishers went, in much the same light as that of revised classics. The a deliberate occupation of castigators, performed under the contract services, for had become too dignified an office to let that contract quite improper in the case of original Then, as said before, the publisher might be of a savant himself as a mere tradesman, and seem production. as much �IN THE CONTRACT OF PUBLICATION 12 his profession was not yet so clearly differentiated from that of the author's as it became later on. The man of letters was rather his collaborator, than a quite inde pendent factor of production, and would not feel called publisher with the immense upon impress to the superiority of original work, or to seek for a fundamental re-adjustment of their relations. But the conditions of original production were vastly different from those of the castigator, the learned employé, and could not but make themselves felt by raising many complications and conflicts of interests for which the pure contract for services, the locatio conductio operis or operarum, could not provide. However, they were as little by the age of the Reformation as they had understood been by the Romans: and the result was a confusion which retarded, not only the evolution of a definite type of Contract of Publication, but probably also the general recognition of Authors' Rights for centuries to come. The contract for services has managed to obtain in some important details, up to the present day, where its real basis, the relation of author to publisher as that of he it, employé to employer is but rarely met with. Thence the modern legal presumptions, that a publisher who invites the production of a work tacitly agrees to pay for and at to a a ab on of he it he a to it a to of may have that bear the risk locator operis. On the other hand, was quite the exception for an author receive fee for original work produced his publisher with own instance, when had offered whom had not had previous dealings under contract initio, services, which now would have placed them, in at it by to in of is, a to kindred material basis when coming terms. tracing the absence beyond doubt, right Schuermann remuneration this case the opposite arrangement, under which the author had his book printed the printer-publisher, and then published his own risk �GERMANY, AUSTRIA, HUNGARY, AND swiTZERLAND. 13 and expense, having, as a rule, none but pure literary interests in view. The same authority assures us that the comparatively high fees known to have been paid for original work must be referred exclusively to those cases in which the publisher occasioned its production, and where his professional point of view was of dominant on the composition. The works of the many popular authors and compilers that swamped the market of the 16th century, were one and all written as mere industrial enterprises to comply with the publishers' influence speculative interests. The profession of an author was, on the whole, a poorly paid one, and was not supposed to offer a living. Payments in cash remained the exception up to the 18th century, and they were never considerable, but often humiliating ; and the more erudition, the less pay. The celebrated Elzevirs enjoy the unenvied distinction of exceptionally Now, the same men who were ready mean shabbiness. enough serve for a good fee as castigators did not recognise as gentlemanly payment for original works quite contrary to the practice of the Roman authors. But in Rome the author's fee was the price of an article to immediately sold, whereas the business relations of authors and the early printers originated in the contract for services, and though not the slightest ignominy was now attached to that contract, yet to take money for one's own original thoughts as another's employé, seemed at first as hiring out one's freedom of thought. The rapid growth of the importance difference of original works for the market soon made the between the original writer and the hired labour of the proof reader too palpable able comparisons, vanished. and the to admit of any disagree sensibility regarding fees - The contract for the services of scholars was, then, the first of the institutions from which the German Contract of �14 THE CONTRACT OF PUBLICATION Publication was evolved. IN The other source of the modern is to be found in the contract for the production of books at the author's expense, which has been mentioned contract above. When a modest market for new writings first managed to establish itself amidst the masses of new editions of old books, the authors had to bear, not only the expense of their production, but also, to a large extent, the labour of disposing of them to the public. There were only a few isolated exceptions to this rule during the first and second decades of the 16th century. The next of at as by its step was taken when the authors began to charge their pro printers with the sale of the book in addition to duction, was done Martin Luther the outset his literary career. Luther's later dealings mark another on of to in if of to of important stage the contract's progress. The printer allowed the amount due stand over and paid himself pro they fell short from the sales effected; the cost duction, Luther paid the difference, relinquishing, the other hand, any profits derived the printer, return an of a or to of at to for his trouble and for his crediting the expense. Of course this arrangement could give satisfaction those authors only who aimed nothing but the dissemination their works; but then Luther never looked his publications for profit, claimed fee. From agreements this type, to it easy step the contract under which the not only credited the expense, but charged himself with the risk the enterprise, still appearing, principle, the author's agent, far was bound produce and properly publish the book. To these types contract we may trace the origin modern rule, according which the author may control the production and claim proof sheets, but must bear the cost unreason was he as a so of to of of to in as of on publisher The only regular material authors was the free copies supply; those his work which the publisher engaged to of to ably numerous alterations. benefit commonly granted �GERMANY, AUSTRIA, HUNGARY, AND switzERLAND. 15 he either sold outright, bartered for other books (which again were not unfrequently sold) or presented to patrons. Patronage had to eke out the poor scholar’s scanty income; towards the end of the 17th century, the system of public dedications to rich and influential men, to corporations and cities, had attained a magnitude, grand in its baseness. The right of dedication was a property concerning which special agreements were made. The dealings of authors and publishers had outgrown the clearly defined but narrow boundaries of the pure contracts for services, but not to be dealt with and conceived with legal precision or to be classified as a type of contract. new specific Untold modifications and loose agreements stood in the place of any institution exactly describing the mutual rights and duties of the parties, and the confusion was still enhanced by the rarity of written agreements (which did not come into common use before the 18th century) and by the motley systems, under which the innumerable autono mous states issued copyright privileges. These privileges were the only protection afforded to the author's, or rather the publisher's interests, and their very name implies the inability of the times to conceive of Authors' Rights as a Up to the last the manuscript embodied all rights in contents, and its reprint it—a legal possession was copy title conception undoubtedly derived from the common practice printing. This the age the castigators, the infancy implied the right publisher who had once acquired an print liked, the many editions author's work purchase being its or of absolute unconditional. their own licence and he as as to a of of of a to species of real immaterial property. Conversely, or to of to publish the authors vindicated competing editions elsewhere, subject, course, the publishers' claims from public privileges special arrangements. All this may explain how Goethe could �16 THE CONTRACT OF PUBLICATION IN write in 1824–“Fifty years ago, a contract for the future was unimaginable.” The author's right of altering new editions and claiming a fee for them was highly problematic till this century. It is true, that the eighteenth century had somewhat consolidated the conception and crystalised the types of publishing arrangements. But the develop furthered one, stating explicitly that even the Prussian Code of 1794 omits primary obligation publisher, viz., the of the to actually produce a work once accepted for publication, whilst some ment was so little a conscious or deliberately of the code's provisions take that obligation—highly con Though originating troversial up to then—for granted. in the earliest institutions of the age of printing, the Contract of Publication, as a deliberately developed institute, is thus a product of our century—of the age of general recognition of Authors' Rights, Prussia was the first state to codify the law of the Contract of Publication, and most of the provisions of the Civil code of 1794 are still in force. Since then, the most important statutes passed were those of Austria (1811), of the Canton of Zurich (1853-56), of Saxony (1865), of Hungary (1875), and of Switzerland (1883). Then, occa sional remarks are to be found in the copyright bills or ordinances of the minor German states, as well as in those of the states named above, and in the Imperial German copyright bill of 1870. The “Dresdener Entwurf,” the project of a code of obligations prepared for the federated German states, but deprived of its raison d'être through the events of 1866, has been of marked influence on the subsequent development of the law. all content themselves with establishing a limited number of leading propositions, and it has been left to the high courts and the unofficial work of specialists to set up rules for their application to practice. The most important book on the subject is These statutes one and �AUsTRIA, HUNGARY, GERMANY, AND swITZERLAND. 17 Waechter’s“ Verlagsrecht,” published 1857-58, up to the by is, present day the standard work on the Contract of Publica tion, in spite of many antiquated opinions. A long list of authority greater writers of or minor will be found in Dr. Osterrieth's “Altes und Neues zur Lehre vom Urhe of statutes in of G. in very complete copy and legislative projects, the most the law Leipzig, the pertinent besides other by sections (1870) of has published a of B. of Osterrieth the way, one original and influential reformers the realm copyright and publication. Tuebner, berrecht.” A F. in of in be or to in set is of by “ to be authoritative utterances, compiled W. Petsch. similar compilation, far less complete, but more convenient date, will and brought up found Streissler's Urheber, Recht für Buchhandel und Presse" (published 1890 Baron Biedermann). The publishers' view the Voigtlaender's“ Verlags subject forcibly forth every recht" (1893). Short digests are found modern compendium Teutonic Commercial law. The following abbreviations are used below: Bes. Beseler, System des gemeinen deutschen Privat Blu. I. rechts (1866). Blu. II. Bluntschli, Deutsches Privatrecht, Vol.I. (1851). Bluntschli, Kommentar zum Zürcher Privat Gesetzbuche. Dernburg, Preussisches Privatrecht. Eisenlohr, Das literarisch-artistische Eigentum und Verlagsrecht (1855). End. I. rechtlichen Der. Eis. End. II. Endemann, Das deutsche Handelsrecht (1865) Gesetz, &c., vom 11. (1871). Gengler, Lehrbuch des deutschen (1854). Gerber, System des deutschen Juni, 1870. Privatrechts Privatrechts (1853). C Ger. I. Geng. Endemann, �Ger. IN THE CONTRACT OF PUBLICATION 18 II. Gerber, Gesammelte Juristische Abhandlungen Klo. I. Klo. II. (1872). Klostermann, Das Urheberrecht (1876). Klostermann, in Vol. III. of Endemann's Handels-, See-, Handbuch des deutschen Kohler. Schneider. und Wechselrechtes (1881-85). Kohler, Das Autorrecht (1880). Schneider & Fick, Das Schweiz. Obligationen Stobbe. recht (1892). Stobbe, Handbuch des deutschen Privatrechts, Vol. III. (1878). Wii. Wächter, Das Verlagsrecht (1857-58). German C.R.B German copyright bill of June 11, 1870. Austrian C.R.B. Austrian copyright bill of Oct. 19, 1846. Hungarian C.R.B. Hungarian copyright bill of May 1, 1884. Swiss C.R.B. R.O.BI. Swiss copyright bill of April 23, 1883. Entscheidungen des Reichsoberhan delsgerichtes. Prussia: : Saxony: Baden: Austria Allgemeines Landrecht, Part Bürgerliches Gesetzbuch. Landrecht. I., Where the number of an article or section is appended to the name of a state, the following laws must be under stood as cited : Title 11. Allgemeines Bürgerliches Gesetzbuch. 1875, Title II. Code (Article 37) Switzerland: Schweizerisches Obligationenrecht. Zurich Zuercher Privatrechtliches Gesetzbuch. : of Hungary: by as Anomalous statutes and such contain special limita tions, &c., are enclosed square brackets. �GERMANY, AUSTRIA, HUNGARY, AND switzERLAND. 19 I.—DEFINITION. The Contract of Publication from an author exclusive right to copy a work engages to procure and publish 1. a person acquires is the agreement whereby or his legal successors an of literature or art, and the copies at his own expense and risk. 2. Legal successors: Any person or persons who have acquired by legal means all Authors’ Rights in a work. 3. Every work falls under the Contract of Publication that is qualified both for protection from piracy and for sale. 4. The transferee need not be a professional publisher. 5. The work concerning which the contract is made may which he is 145) until bound to do. the author has completed it, (Klo. effects I., be ready for reproduction, unfinished, or merely projected; is not ready, the contract has none but obligatory if it (c) is to essential Publication risk. Publication; publish; the publisher's own expense and the transferee to of of of the Right at (a) Transfer (b) Obligation It as is generally regarded The following Publication: the Contract of 1. II.-EssBNTIALs. not essential: a of that the transfer 2 But few authorities deny c 2. of at of of a (a) That the author should stipulate remuneration; (b) That the transfer the Right Publication should involve an unlimited use; (c) Or that the publication should take place the expense and risk the publisher alone. �THE 20 CONTRACT OF PUBLICATION IN “Right endorsed adopted question has been nearly all jurists. statutes practice, and have of for the purposes this com pilation. Contracts concerning works without copyright— generally e.g., old inedita, text revisions classics—are devoid most those features that mark our matter, but must, the whole, treated analogically the typical contract: (Hungary, The authorities agree that the contract implies not obligation merely the right, but the transferee publish the work his own risk and expense. “This publisher criterion excludes those agreements whereby 5.) to pay for orders work and undertakes engagement no about publication”: Both parties presumed it, a at to of an 3. § to be of on of of it unreservedly the I their view by in the affirmative is answered Anyhow, by opinion. dominant As of of a of I., of Publication” is of necessity involved in Con tracts of Publication : (See Kohler, 291; Stobbe, 285; Dern., 640; Gerber II.) Their objections are set aside by that view of the matter which has ultimately gained 144; Wii., 219, the ascendancy (See Klo. II., 717; Klo. &c.), although they are based upon truer conception the real nature the contract than that the pre but enters into (Klo. II., 717.) a contract a in in be to 5. to a as a to of no 4. at a of of to for valuable consideration. “The Right Publication derives all its importance from the value the manifold reproduction”: (Eisen., 85.) The publisher expects profit from the sale, whereas the author sees his work propagated the publisher's risk and expense. The writer may share risk and expense with the publisher, but Contract Publication exists where publisher undertakes publish work the author's agent, without any risk himself, though his own name, and though share the profit may allotted him: (R.O.H. XVI, 251.) are These legal presumptions have determined the �GERMANY, AUSTRIA, HUNGARY, 21 AND switzERLAND. evolution of the Contract of Publication and still determine its operation, even where other considerations step in, as where the publisher is prompted by ideal purposes or where the author writes for pecuniary profit. Even where they agree to share loss and profit, an ordinary Contract of Publication exists between them in addition to the partner ship, and defines their mutual relations and obligations; their partnership acts upon nothing but the ultimate II. 719; Blu. II. 514.) (Klo. 6. One of the most important consequences of this conception of the Contract of Publication is the universal financial settlement: opinion that remuneration to, nor even presumable of the author is neither essential from, a bare Contract of it. Publication in itself. If a fee has not been expressly stipulated, it is only then regarded as implied, when special circumstances point to III.-NATURE RIGHT OF PUBLICATION. OF THE or of to to a as by 1. of Complete agreement about the legal nature the right transferred has not yet been arrived at. Literary proprietorship was conceived the earlier authorities property, and they believed the contract mere species partly transfer the original Authors' Rights entirely re, in in is 3. is of re in a re in a a a no 2. be I, 61; Blu. II. 509.) the publisher: (Wä., 111, 219; Blu. “There can doubt that the publisher cannot jus claim the entire ‘Authors’ Rights,” but only jus immateriali, use, not real but use an immateriali, that immaterial property—a singular jus indissolubly connected with the personal performance an obligation”: (Kohler, 289, 291.) The conception predominant among modern jurists is by or to a of to of to of similar that von Daniels who says (in his Preussisches Privatrecht): “The Right Publication the authority literary reproduce any means artistic production multiplication and sell the copies without competition. �22 THE The Right dependent CONTRACT IN PUBLICATION OF right that is of Publication is a derivative upon that original right of the author's to debar, within certain limits marked copying his work.” its 4. Endemann has given possible forms of transfer. out by statute, others from the following summary of the “The author may transfer his in it he on to be in of to of a an so jus), no (quoad of totality with the substance his rights entirely parts that with them and right whatever; e.g. when retains author sells manuscript finally and disposes his right control the publication, and pecuniary his interest the work. An author may found have yielded up his work in he of a of in be of an of the remodelling his work for future editions by agreement this kind. Then, again, the Authors' Rights may disposed way that such does not assign his seignory and the substance his rights, but only their exercise and produce (exercitium). This influence he of is he in of can take place under manifold modifications and limita tions, but every case the essence Authors' Rights parts with remains with the author. All the printing and publishing pecuniary use, i.e., the right work. And retains not only the intellectual command over the future shaping his work for new disposal peculiar authorship. editions, but every form This not even precluded transfer for all editions, is by a to of of the be to i.e., the perpetual exclusive use. The use and the spiritual fathership appear very different things. And most a in is It . . quoad jus, the other quoad exercitium. And the right of is be .” of . is of of by is if certainly does the author (or his successor) continue Now, dominus the transfer was made with limitations. generally brought this the state affairs that about only the Contract Publication. exceptional cases that transfer all Author's Rights Under the common will found presumable. contract “there are two claimants: the one entitled �GERMANY, AUSTRIA, HUNGARY, one, but latter is no absolute the AND switzERLAND. is derivative and 23 is of of or by in no it to the publisher abandons his right reverts the author. statutory law, This theory meets with obstacle 6. If of of 5. of I., founded on the ‘Authors' Rights,” the substance of which remains with the author. . . .”: (End. II., 11-13.) says: Right And Klostermann “The of Publication is not to be confounded with Authors' Rights”; (Klo. 153.) The Right Publication for any number editions does not include the Right Translation (in case dramatical works being published) Public Performance; nor does the author lose the control over future editions. a of Switzerland, Art. 375: and has explicitly been received special understanding, the Contract “In the absence PLANNED BY to it as of IV.-WoRK so so in to of Publication makes over the exercise Author's Rights publisher far, long, the and for serves secure the publication.” ANOTHER. of a 3. in of by 2. of in no of an of a to to of to of ; , of 1. of be joint authorship need not The question dealt with here but there are similar relations that are copyright and publication has interest us. The law supply, and no cognizance the amanuensis who intends actually supplies, contribution subservient the pro work, vitally determining duction the author's but not the substance the whole (Wä., 184); such assistant has Authors' Rights whatever the resulting work. work, The mere completion which the greater part was written another, does not always vest the author the completing part with independent Authors' Rights his contribution: (R.O.H., XVII. 39.) An author who makes over his work to another may the understanding that the transferee raw material for his own work, and without as in reservation, will stand the same legal relation resulting work the mere amanuensis. to a on as it author, use the �24 THE IN CONTRACT OF PUBLICATION 4. But in no case may a literary production, or any part of one, be given out as the work of another author who has not written it in the form in which it is published: XV. (See below, 8.) which someone orders a literary or artistic work for his own use, but not for reproduction, is not under our notice: (See VI. 2, ad fin.) 6. Where an author has worked on a plan supplied by a publisher, the circumstances of the case may debar the writer from acquiring Authors' Rights in the work pro 5. The case in of to on of A be to is of however, of merely the technical single parts, does not so its embrace the substance the work, but finishing, the supplementary composi is or a of interwoven to be subordinate contribution that with the whole; and when the employer produce the substance intends himself the work and actually produces it; then those contributors are mere to tion the order the integral of “When, production of 9. in as a is of in its in a its “ 8. an : as or he or : A of A of is or it of a it, duced: (R.O.H., XVII. 39.) employer 7. But the who merely gives an external impulse to the author's independent production acquires no Author's Rights in but only claim the valuable use of under the law the Contract Publication. This even then the case, when the publisher suggests Dictionary Chemistry, determines the topic (e.g., Compendium Penal Law, Series Articles Bimetallism, &c.) (R.O.H., XVII. 36.) Even where the publisher has supplied the author with single editor regarded motives, ideas, materials, still only (Wii., 186.) the author's amanuensis employer only acquires the rights Such author ship who has laid out definite plan for the work which entirety and details, governs execution that the worker the instrument another's ideas, not only undertaking the task whole, but throughout the workmanship”: (Wä., 192.) �GERMANY, AUSTRIA, HUNGARY, AND SwitzERLAND. 25 is the author of the resulting original copyright; work and has the and his artificers have no share in the Authors' Rights, and their claims are confined to such payments as may have been stipulated ”: (Wä., 186.) 10. These principles are now regarded as decisive for the interpretation and application of such statutory pre scriptions as touch upon the subject. [11. In Prussia, the author's control of future editions amanuenses; the employer if its lapses, “when the publisher has conceived an idea and has charged a writer with elaboration, the writer under in by a as be to in so by of by in he a “If a a : § § of ”: writing special reservation (Prussia, 1021.) 12. Austria, 1170 writer undertakes the plan laid out for him elaboration work after the publisher, (the author) can claim nothing beyond the remuneration agreed on. The publisher has the free copyright for all the future.” provision has been accepted 13. This Austrian Switzerland Art. 291 the Code; “This article applies those cases only where the plan framed the publisher must considered the main achievement, that takes the task without it, a or to as it is if, or employee the writer appears contractor his quite thing happens often service. But another enough, the publisher merely suggests the work the author, plan for perhaps lays down the resulting work being really the author's own independent produc tion”: (Schneider, 509.)] W.—CLAssIFICATION OF THE CONTRACT OF PUBLICATION. is of of to of to no above of It 1. apply attempt that the traditional kinds contracts the Contract Publication has gained common acceptance. To-day, the Contract nearly universally Publication was remarked the special rules �26 THE CONTRACT OF PUBLICATION IN be of to its on It us to by its regarded as a peculiar modern institution, a transaction sui generis; it is subject to the general law of contracts, but stands a distinct species, and details must jurisprudence according treated its special features. would lead too far, were we trace the influence of to to be 2. of in development other institutions this place. How pronounced the isolation the Contract readily Publication has seemed some authorities, will following inferred from the nonsensical utterance peculiar junction dare, praestare, the special of rather nature the of as It I. (Ger. a to be as of in of of by but in and actions called for the Contract Publication. Intellectual workmanship literary production, and the the form publisher's propagative activity are performances just original import “dare" and “praestare,” and cannot jurisprudence”: reduced more general term facere, in a found of be a which celebrated jurist has committed himself: “The distinctive feature of the Contract of Publication will not 459.) an of of That happens, however, some where an author disposes by of of a to is 3. quite the exception for author's business pure category transactions fall under Civil Law, instead under our typical Contract Publication. cases of it the of at a to a or place takes deliver some specific work and publisher disposal operis), free the (loc. cond. &c. to a or in of or in the sale at a of as noticed donation it; manuscript and all Authors' Rights where publisher writer places his services the free disposal (locatio conductio operarum); where writer under above, Prussia, WALIDITY, CoNSTRUCTION. 998, makes the validity written agreement. But of WI.-ForM, of Art. a of on a § a 1. the contract 272 the Common German Code Commerce declares the Contract of Publication commercial transaction when made with dependent �GERMANY, AUSTRIA, HUNGARY, AND switzERLAND. 27 professional publisher, and as such it is released from all formalities by Art. 317 of the same Code. And as in Germany, the law of the States is overruled by Imperial legislation, a written agreement is now prescribed, then alone, and only in Prussia, when the publisher is not a corporation or private tradesman, e.g., a non-commercial person who may undertake a publication for public benefit, for religious purposes, &c., or for profit : (Dern. 640.) Nowhere but in Prussia has a written contract been prescribed for our agreement. At the present day, the Contract of Publication is universally regarded as a consentient contract—i.e., a valid contract exists as soon as the parties have agreed on the 2. points. This agreement may be inferred from of the parties (R.O.H., XVI. 249); e.g., if an author delivers a manuscript to a publisher on having received certain proposals from him (Wä., 374); or sends in a manuscript to a periodical : in either case without a reservation. But the intention of entering into essential the conduct or acts parties reciprocal are is Publication to construed after the The real ascertained well contracts. in as the its copyright: of as principles be tentions Contract of of A 3. general title 5.) to IV. no all copyright legislation, (See above, of ing to is, a contract must be inferable from previous transactions or from usage; for the mere possession of a work accord in be it be no of to do be to to of is of no of to possible, consequences and the reasonable these drawn; for kept intentions must always view that the relations between author and publisher are capable untold modifications which are restricted by legal inhibitions. Then only, when there evidence the intentions the parties, the legal presumptions construed, not only take effect. These intentions are according the expressions used, but also their previous relations and transactions, the special nature the �28 THE CONTRACT OF PUBLICATION IN business in question, and special circumstances to which a trade-usage is attached. In view of the complexity of the relations established by the contract and of the subtlety the principles of bona fides are here of enhanced importance. of its performance, VII.-CHIEF RESTRICTIONs. contracting with a publisher must be 1. A person entitled to dispose of the Authors' Rights in question (Switzerland, art. 374); the author himself is liable to his publisher for his exclusive Right of Publication, he must inform the publisher of any previous disposal (Switzer land, art. 374); even if such previous disposal does not preclude the publication now contemplated. The publisher can recover damages for defect of title of the author, if a third person asserts with success an older right to the work in question, or proves it to infringe a copyright of his own: (Klo. II. 721; Dern., 642; Eis., 84.) 2. The author's future disposal of the work is governed by two main principles (Wä., 280): (a) He has curtailed his rights by constituting the publisher's Right of Publication and is deprived, to the extent of this right, of their exercise: (b) He has implicitly, if not expressly, entered into an obligation not to interfere with the publisher's valuable interest in the Right of Publication. The author, then, is limited to narrower bounds than a third person that manages to escape a copyright action by altering the form of the work sufficiently to avoid a tech nical piracy. The author is liable for every and any illicit competition: (See X.) 3. On the other hand, the publisher is bound not to make any use of the work not authorized by the contract. [4. Legislation on copyright has gone farther than the �GERMANY, AUSTRIA, HUNGARY, AND switzERLAND. 29 law in insisting on the liabilities arising from the contract. In the German Empire and in Hungary, a reprint of works made by author or publisher in violation of their agreement, especially the production of a larger edition than that which the contract allows the publisher, constitutes a criminal infringement of copyright: (German C.R.B., § 5; Hungarian C.R.B., § 6.)] 5. The prohibition of any disposal of the work by the author, to the disadvantage of the publisher, is expressly enacted by Saxony, § 1140; Hungary, $ 517; Switzerland, common Art. 375. VIII.-ExcLUSIVENESS OF THE RIGHT OF PUBLICATION. 1. The transfer of the Right of Publication authorises the publisher not only to copy and publish the work but also to prevent others from doing so. “This exclu siveness determines the very nature of the Right of Publication as a valuable right, a property” (Wä. 108.); it is the gist of the use transferred to the publisher. 2. Now in some cases the mere priority or even a licence with that of any number of others may be of value to a publisher. This will generally be the case with “news; ” a newspaper's interest lies rather in bringing concurrent § on s. 2; a s. of 9, § no of it. important news before, or at least not later than its competitors, than in preventing others from reprinting Recognising this, the law copyright affords the ephemeral 7b; newspaper article protection (German C.R.B., 4); Hungarian C.R.B., Swiss C.R.B., Art. 11, only where the value the use depends its exclusive production against piracy. ness does the law protect gist the author's work 3; the is the I. : article from (See above, of to presumed The exclusiveness publisher's consideration wherever is newspaper Publication be excludes the common the Contract of the scope II. 2.) of But this fact �THE 30 IN CONTRACT OF PUBLICATION legally qualified for, and the circumstances point to the intention of entering into a Contract of Publication, which Literary, is nearly always the case with “books.” scientific and other contributions are usually disposed of to periodicals under a contract of publication; but here the exclusiveness 4. Sometimes is limited : (See XI. 7 et seq.) the author gives the publisher the exclu sive right to publish a work for certain districts only, and if, reserves the right of republishing other editions elsewhere; certain complications are apt to arise regarding the collis however, the sion of the different publishers' interests; it to to be of of of a a to 6. of of of of to of a is a of 5. of et it to author has avoided assigning more rights than were left fight dispose of, him will for the publishers out between themselves, under the copyright laws: (See Kohler, 272 seq.) contracting with The author may reserve the right another publisher about editions intended for other circles library edition readers; so, often followed by popular edition, &c. Though the co-existence such editions cannot fail call forth some competition between them, the valuable interest each publisher generally substantially unimpaired. remains This arrangement publication. allows true contracts Other modifications this “Divided Right Publication” are possible. An ordinary Contract Publication can exist wherever the publisher has not right merely copy and publish the author's work, but from, and has advantage derives some independent in, protection valuable interest the the author against piracy. IX.-ExTENT OF THE PUBLISHERs' RIGHTS. is in by is is to 1. of The number editions that the publisher usually fixed produce authorised the contract. frequently overlooked settling the But this point �GERMANY, AUSTRIA, HUNGARY, AND switzERLAND. 31 the agreement. In this case, the right trans presumed to cover one edition only, and the permission is requisite for every new edition. of ferred is author's Being a Art. 1 of terms by Saxe-Coburg-Gotha and of specifically §§ to a to is as a 2. of § of on to he a to on of a an § by $ 522; Switzerland, Art. 377; and 1142. [Austria alone gives the publisher right 1164, 1167. all editions: Should author reservation, and there have disposed his work without publish later desire new and altered edition through another firm, indemnify the first would have publisher for copies original the edition still hand: (Austria, 1168.)] doubt, presumed In case new edition enacted Saxony, Hungary, it is Prussia and ; statutes of it, common trade usage, this principle has, under the German Commercial Code, invalidated such viz., of German States as conflicted with certain number what was stipu 1015.)] ($ of for the first one : by the author for half of as If remuneration a lated 3. been disposed of to : stand under the same agreement the preceding one (Switzerland, art. 384.) [In Prussia, however, the law presumes the second and following editions each have copies have been agreed on, he as to in of § as if to is to print them, and most certainly the publisher bound print not more. But the contract leaves this point unsettled, the publisher may print many copies (Hungary, 520; Switzerland, likes: art. 377.) [The limiting the edition Saxony stands alone code copies, where a as he he a in as 4. to be he of a is (§ a the contract has not fixed certain 1142.)] The publisher may not, however, produce smaller edition than consistent with bond fide performance the contract: (See XV. 5.) If, then, the publisher chooses run the risk, print may many copies likes. But they must If, therefore, the work finds more produced one lot. reception may favourable than the publisher hoped for, 1000 number: �“printing of a to no bounds of up he of to printed copies. for him determine the number the publisher has once made his mind and copies, certain number himself has set right produce the edition and has a “When his shelves under pretence lots,” although was several to originally gaps the the edition it fill not IN CONTRACT OF PUBLICATION in in THE up 32 at notice and without considerable publisher's Right expense. be shortest a of he 5. ”: reprint without the author's permission (Blu. II. 509.) The publisher may consequently neither stereotype the work nor leave the type standing without the author's permission and control, i.e., may not procure himself producing surreptitious edition the means the of a a as be to is of so of as to to it or of to to of if all a to 6. he of Publication may certain space time. When the term expires, rights from the contract. loses But the contract, limiting Right besides the Publication certain term, authorises produce the publisher certain copies editions, number will construed authorising the publisher sell, even when the term has produce, expired, the copies that the contract allows him merely terminating the exclusiveness and his Right Publication, dispose that the author then free elsewhere of his work. The limited X.—SPECIAL LIABILITIES. confined in specific wrong (i.e., infringement right): of of to a is a of 1. as against third parties “Whilst the publisher's rights only reproduction cover one and the same work the rights same form; and any encroachment on his sphere copy It to no in by is restricted, over the party contracting with him engagement, way and above, the conventional on its by it to a of in be of interfere with the exercise the stipulated rights. trust, would the teeth contract entered into possible for the author were render the right assigned illusory realisation, though not actions preventing �GERMANY, AUSTRIA, HUNGARY, AND SwitzERLAND. 33 happening to involve a criminal infringement”: (Wä., 346.) Any proceedings prejudicial to the legitimate interests of the publisher make the author liable for damages to the full of those interests, i.e., the trade-value of the on the publisher's hands: (See also Kohler, extent copies still 293.) 2. This does not say that the author may not publish any new work on the same subject. “In no case has the publisher a right to prevent am altered edition altogether. For it is of the essence of intellectual productivity that it continually innovates, As and is expanded, and replenished. little as the author can prevent others from making use of his thoughts when once published, can the publisher of a certain work hinder the author from modifying the issue of his mind, and from giving the public access to the new production”: (Wä., 294.) It remains to be seen, how the conflicting interests may be reconciled under different circumstances. 3. In some cases the question of damages is altogether precluded. the work is quite antiquated or can be quite unsaleable, the author may publish a shown to be If of the same matter at his pleasure, for publisher's then the interest has practically expired. 4. The author may publish an essentially different work on the same subject, even if the previous publication should thereby lose the public's interest. 5. But in either case (viz. 3 and 4), the author is bound to observe any agreement entitling the publisher to a new new elaboration elaboration of the same subject. 6. The Prussian Board of Literary rischer Sachverständigenverein), opinion : firm work on has Experts (Litera the following given for the author who has given a bookseller his work for publication cannot therefore be forced to abstain from publishing by the agency of another a “ . . . a cognate, or even the same, subject, D so �34 THE CONTRACT OF PUBLICATION IN long as it is a new, independent, production of the mind. It is altogether irrelevant to the questio facti of infringe ment of copyright, that the new work may enter into com petition with the previous publication, or even render it unsaleable. As soon as the new work is found to be a new work of the mind, the author is free of any imputa tion of piracy. This only is legally prohibited, that the author encroach on the rights of the first firm by giving to another firm a work, the contents of which are identical with those of the previous work, so that it is but a ”: (Nov. 18, 1870.) It stands to reason that the author's bona fides must be unimpeach able. mechanical reproduction 7. An author desiring to publish an edition with altera tions that do not suffice to qualify the work as a new production within the meaning of the principles laid down above, must buy up the copies on the hands of the pub lisher at their trade price: (Prussia, § 1019; Austria, § 1168.) 8. If the publisher is entitled to further editions [in Austria, whenever the author has not limited the right transferred to the publisher] the author must offer the publisher the new edition; only when he has met with a refusal may he dispose elsewhere of his work: (Wä., 295.) 9. The author has, however, an unlimited right of pub lishing separately additions or corrections. 10. These principles imply that the author may not, in the absence of a special understanding, incorporate a work made over to a publisher into a collective edition of his works produced by another publisher. The following is a decision of the Supreme Tribunal of Stuttgart (of Jan. 18, 1848): “On the general principles of contracts, a writer may not encroach on the right transferred to his publisher, and most especially may he not enter into a contract with a work already surrendered for a new publisher about �GERMANY, AUSTRIA, HUNGARY, AND SWITZERLAND. 35 publication. This, however, takes place as soon as the author incorporates a work that has appeared as an inde pendent publication into an edition collecting all his works, produced by another publisher before the rights of the first publisher have expired. As the individuality of each single work is not here consumed by that of a aggregate of higher order, such a collection cannot be regarded as a new work.” 11. The same restriction binds the publisher: in the of a special agreement to this purpose, he may neither publish separately works that he is entitled to absence publish as an aggregate, nor may he produce a collective edition of works by the same author, which he has acquired separately in the course of time. On the one hand, few authors would like to see a collection of essays written as an organic whole, torn asunder and published separately. On the other hand, the term, “The Complete Works of Mr. N.N.” implies an important qualitative distinction from the mere plurality of separate works of one author; “for a collective edition is supposed to be the complete organism of the author's intellectual work”: (Wii., 299.) The opening words of Macaulay's preface to his “Essays” bear strongly upon this view. XI.-Con TRIBUTORs To Coll ECTIVE WORKs. relations arise where one literary enterprise unites the contributions of several authors: (See Kohler, Special 278 et seq.) 1. We have not to deal here with collections independent of works that appear separately in the market, united by some merely incidental indication of a common or similar destination: as a series of independent mono graphs on special topics of one science, or series for certain circles of readers (e.g., Workmen’s, Students' Series), or series of novels uniformly got up. Here every D 2 �THE CONTRACT 36 IN OF PUBLICATION work is the object of a special contract, and neither the publisher nor the author will derive, in the absence of an understanding, any particular right from the fact that it is introduced to the public as one of a series. Only 2. such works are legally treated as “collective as appear as an indivisible whole, as, Encyclo paedias, Dictionaries, Collections of Essays or Treatises. 3. Here the editor acquires a copyright in the work at works” large, concurrent with the copyright retained by each author regarding his own contribution: (German C.R.B., § 2; Austrian C.R.B., § 1a, $2; Hungarian C.R.B., § 2); “for to him the work owes the production of its funda mental idea and of the organic connection of its elements” (Wä., 203); he has consequently an unlimited Right of Publication for all purposes for which the authors made their contributions. An author may not, by withdrawing his contribution from subsequent editions, prevent the exercise of the editor's original copyright in the whole. 4. An editor to whom all Authors’ Rights in another of course, proved, is total transfer can presumable of it he may, chooses. be But where IV.) (See whenever and wherever no work have devolved no 5. reprint it, person's a to an it in or be to of in that the author consented use his contribution beyond its reproduction collective work the kind described him (Wä., 305), the alienation interpreted strictly; publisher can will the editor publish any separately, neither the contribution nor other work than the one was intended for. to it in by no an of limited by is is his work the publisher's may not publish his contribution in use, i.e., he future disposal of of a of to is 6. An author who has merely authorized editor reprint his work putting bound restrictions If, however, the transaction bears the other purposes. Publication, whereby criteria real Contract transferred, exclusive Right Publication then the another �GERMANY, form until AUSTRIA, the AND switzERLAND. 37 (or editor's) speculation is HUNGARY, publisher's ended. 7. The more ephemeral the character of the collective work, the less is the author restricted. “The importance of the periodical passes away with the moment of its publi cation. The single articles in a newspaper or journal reached their destination as soon as they are published; at any rate, it is immaterial to the publisher if later on they are reprinted and remembered. But the less the periodical is of merely transient interest, and the nearer the single essays approach to independent works, the less may the author dispose of them to the publisher's disadvantage”: (Blu. II. 509.) 8. In an Opinion of May 3, 1843, the Board of Literary Experts laid down the following as customary law: “The publisher of a periodical that addresses itself to the interest of the day only and has no scientific tendencies, may use the contributions but once, and his rights in them are limited to the period within which the original edition of the periodical circulates in the world of literature and still excites interest. The author has to conform to these have rights of the publisher, and is bound not to republish contributions to a periodical until that period of interest has passed by.” 9. Recent legislation has accepted the principles laid down here as fixing the limits of authors’ and publishers’ rights, but has given them a greater precision as regards the duration of publishers’ rights. [10. German C.R.B. § 10, settles the question for the German Empire as follows: “In the absence of an agree ment providing otherwise, single essays, treatises, &c., that have appeared in periodicals, e.g., journals, vademecums, almanacs, &c., may be published elsewhere by the author, even without the consent of the editor or publisher of the work in which they were inserted, as soon as the two years �THE CONTRACT OF 38 IN PUBLICATION have expired that began with the end of the year in the Note, that of which the publication took place.” this privilege refers to contributions to periodicals only. 11. Switzerland, art. 376: “The author may immediately republish newspaper articles and smaller essays from periodicals. The author may not republish contributions to collective works or larger contributions to periodicals course of three months after the complete publication of his contribution.” Note, that in Switzer land any contribution to the most important collective work, not only to newspapers, &c., may be disposed of by the author, at the latest after three months. “An exact dividing-line between the smaller essays of the first section and the larger contributions of the second section, (Schneider, 501.) cannot be drawn to Hungary, the authors' 517, we find still greater deviation, advantage, from the general principles: a 12. § In '': before the expiration “An of as at as to or a of if in or a author who has supplied collective work with contributions may republish them separately his collected works, those contributions were not, though parts collection, independent objects sale. Smaller journals periodical works that have been delivered publications are the author's free disposal soon they have been published.”] certain XII.-TRANSLATION. to be of a on of it to no is § is of in 1. Publication, the an unlimited Right implied Translation never presumed (Hungary, 518; Switzerland, art. 382); and the pub lisher more entitled than any third person. pre-existing On the other hand, the mere correction translation will not confer Authors’ Rights the editor: Even Right (R.O.H. 39.) or of If the Right Translation (complying the title sheet with copyright laws) 2. on XVII. the author has reserved �GERMANY, AUSTRIA, HUNGARY, AND SwitzERLAND. 39 he may publish a translation without the original publisher's consent. If the author, however, has not given his publisher to understand that he intended himself to produce or countenance a translation, he is liable for damages, where the publisher can prove the sale of the original work to have been seriously impaired by the publication of a translation: (Wä., 318; Klo. I. 146) and provided that the publication of a translation involved a breach of good faith on the author's part. 3. But in no case is this liability from the contract to be confounded with the infringement of copyright con otherwise, stituted by an unauthorised translation produced third person. XIII.-PERFORMANCE by a BY THE AUTHOR. 1. If a contract is made about a work that is ready for reproduction, the contract is performed by the author with the delivery of the work in the condition it was in when the contract was made : (Klo. II. 721.) 2. If a contract is made about an unfinished work, the author is bound to bring the object into existence, the Right of Publication of which he has transferred to the publisher. The work must be executed by the author himself, so far as the individuality of his mind is likely to influence it (L. 31 Dig. de solut., 46, 3; End. I. 817); the work of an amanuensis employed by him must be over shadowed by the activity of his own mind: (Wä., 322.) 3. The author must conform to the contract throughout the execution of the agreement (Wä., 323); conformity to the agreement implies the observance of all under standings about the form, size, completeness of the work, and the time of delivery : (End. I. 814.) several States this conformity to the contract is enforced by special enactments. [Prussia, §§ 1008, 1009: the author finds it neces 4. In “If �40 THE CONTRACT OF PUBLICATION IN sary to alter the volume or arrangement of his work before it is put in print, the publisher has the option of countenancing the alterations or withdrawing from the But an author who makes such alterations after contract. the printing has begun, without the publisher's consent, is liable to the publisher for any damage ensuing there from.” “If the author fails to deliver the work at the time or in the condition agreed on, the publisher may withdraw from the contract; and he can recover damages of the author, if the performance failed through any negligence of the author's.” 6. Hungary, § 516: “The author (artist, draughtsman, &c.) is bound to deliver the stipulated work to the publisher in the condition and within the time agreed on. If, by any fault of his own, the author fails to perform this obligation, the publisher has the option of (1) enforcing the specific performance and recovering damages from any disadvantage ensuing from the delay; or (2) recovering damages for breach of contract; or (3) he may treat the contract as null and void.” 7. Switzerland, Art. 379: The author is liable for 5. Austria, § 1166: unforeseen expense caused by belated alterations.] the interpretation of such enactments is by considerations like the following: “As regards topic and contents, the author's workmanship enjoys the most extensive freedom, which is intimately 8. But governed connected with the advantage expected by him; and then, too, the publisher has in this respect trusted to the author's reputation ”: (Walter, 357.) “A contract about a work that is not finished binds the author in so far only, as he may not make such alterations of contents or volume as would make the work quite a different thing”: (Eis., 85.) “Even where it is certain what has been agreed on, the doubt arises, especially where the contract is concerning �GERMANY, AUSTRIA, HUNGARY, AND switzERLAND. 41 works that are still to be executed, whether every deviation must be considered a breach of contract producing legal consequences. The nature of such workmanship refuses to countenance that the author should under all circum be bound to observe the agreement to the last On the other hand, the publisher must not be made absolutely dependent on the author's whims and fancies. No legislation and no theory will be able to draw the sought-for boundary line between freedom and bondage; that is only possible on examination of each stances letter. case as In it arrives”: (End. I. reality then, 814.) restriction of the author is marked out by the real interests of the publisher, and alterations within these limits involve no breach of 9. the contract (Klo. I. 146); this holds even where the contract was made concerning a work that was finished and had by a publisher on examination been accepted of it: (Klo. II. 722.) The author may, in particular, alter the text for every new edition, if no considerable expense or of the work is thereby caused (Klo. II. 733); if the publisher refuses to countenancesuch legitimate alterations, the author will be at liberty to contract with depreciation another publisher for the new edition: (Stobbe, 290.) 10. In Switzerland, art. 379, the author's right of altering his work is most emphatically insisted upon : “As long as the author is able to do so, he has a right to make such corrections and improvements of his work as he may consider necessary; but he is liable for unforeseen costs ensuing from such alterations. The publisher may issue no new edition or reprint without first offering the author an opportunity of making the necescary improvements. This right is a personal right of the author's, and does not descend to his heirs. But the publisher may object to alterations that would injure his interest in the publica tion, or enhance his responsibility.” �42 THE CONTRACT OF PUBLICATION IN 11. The publisher has no claim to alterations by the author for new editions, if the contract does not set forth this obligation (Stobbe, 290); or where such alterations are not essential to the integrity of the work and therefore If, however, the sale implicitly agreed on : (Wä., 326.) of a new edition to which the publisher is entitled, is manifestly dependent on a revision of the original work, and if in spite of representations the author refuses or is unable to undertake the revision himself, the publisher may cause the necessary improvements to be made by any other competent person (Wii., 327); in this case the additions must, by suitable typographic arrangements, made distinguishable from the original text: (Klo. be II. 732.) rule, author alone is competent to the intellectual organism of his work to be complete or incomplete. But in some cases the incom pleteness is self-evident (e.g., an unfinished biography) (Wä., 325); here, or where flagrant blunders are dis covered, the publisher may insist on completion or cor 12. As pronounce a the rection. 13. The author's liability for faults that diminish the commercial value of his work falls under the cognizance of the general private or commercial law of each State (Klo. 721); if such faults can be neutralized by supplements II. or appendices, the author is liable for the extra expense: (Klo. II. 720.) But the author can never be held liable for the internal literary value of his work: (Klo. II. 721; End. I. 814; Dern., 642). 14. Where the author causes unforeseen expense by belated alterations or by exceeding the volume agreed on, the special facts of the case and his bond fides will have to be taken into consideration when his liability is under judgment (Dernb., 641); trade usage allows him a certain latitude : (Wä., 348.) �GERMANY, 15. the It AUSTRIA, HUNGARY, AND switzERLAND. lies in the author's free choice to co-operate or not, if he has not entered into correction 43 in an to do so (Klo. II. 722); provided that his supervision of the printing is not essential to the production of the work, as where his manuscript was more or less illegible, or where special knowledge is required, e.g., in works, works in foreign languages, mathematical &c. : (Wä., 349). 16. The author is bound to deliver a manuscript suitable for reproduction. The publisher may refuse illegible writing. Every part of the work must be in proper place: (Wä., 329; Blu. 61; Schneider, 499). delivery course, determined 17. The term by If any of of is, I. its engagement of is to be of in relevant clause the contract. the instrument does not prove what the intention the parties really was, optional with the author: presumed the term (Geng., 533; Eis., 83); but the circumstances the special Prussia, the publisher may call binding term, the appointment on [In an it be be case and trade usage may indicate the proper term (Klo. II. 721); and the delivery may not deferred to, any may more than demanded at, unreasonable time. he he of of of of a of of In - (§ to a of the author may, for and comply request, should the author refuse with this 1004; withdraw immediately from the contract: Eis., 83.)] any case 18. doubt the publisher can apply for the judicial appointment delivery. term The court justice would take into consideration the general way living and working and any concurrent occupation the sufficient is if volumes however, the work parts, it is successive work. If, the whole or appear in to manuscript of is - of author's (for entered into the contract under these lasting conditions life) (Wä., 330); besides the nature of the work and other circumstances. 19. The author not released until he has delivered the �44 THE IN CONTRACT OF PUBLICATION publication : its he delivers the manuscript for each section in due time for (Wii., 331.) remains the author's property. [Baden alone has enacted the contrary: according $577 D., the publisher acquires the manuscript property.] The publisher may retain the manuscript until the reproduction finished. manuscript is as D. to 20. The XIV.-PUBLISHER's REMEDIEs. : to his (the 516; Geng., 532; Bes., occasioned § any losses ensuing from delay author's) negligence: (Hungary, 945; Eis., 83; Klo. II. 722.) by to is 2. I. § to or 1. an An action for specific performance lies against perform duly perform altogether author failing (Hungary, 516; Wä., 334, 386; Stobbe, 291; Geng. 539; Ger. 461; Klo. II. 722.) indemnify the publisher for The author bound in be by of subject: (Stobbe, 292; Ger. 946; Eis., 83.) I. 461; the work the public the Geng., 533; Bes., value in of the delay, e.g., where the commercial depends upon the transient interest of in or or to If 3. the delivery fails take place due time, the publisher can withdraw from the contract, provided that altered, the quality value the performance would the publisher's interest the contract diminished, In 4. this case the publisher can, besides withdrawing, recover damages for damnum emergens and lucrum cessans. The same action lies against an author, where an action to of in In 5. or delivery, for has not led where the negligence author's own has rendered the performance impossible: (Wä., 386; Stobbe, 291.) withdrawing some states the publisher's right holds other cases also: performance to In [(a) Prussia: The publisher can withdraw when ever, and from whatever cause, the author fails perform �GERMANY, AUSTRIA, HUNGARY, AND switzERLAND. 45 within the stipulated term (§§ 1000, 1001); and if the author refuses to appoint a term of delivery when requested to do so: ($ 1004.) (b) In Austria: If the work is not delivered at the time or in the condition settled by the agreement (§ 1166); this right is not contingent on the author's negligence. (c) In Hungary: If through the author's negligence the stipulated term of delivery and qualities of the work are of a by it, is no or to be not complied with : (§ 516.)] 6. The action for specific performance aims at the delivery of the manuscript. If the author is in possession of a complete copy, it may be seized under a writ of execution (Stobbe, 292; Klo. II. 723; Bes., 946; End. II. 16). Where the general law allows of the defiant specific performance author will held means fine even imprisonment (Wä., 335); especially where of has made the productiveness of he a is of the work lower intellectual range, i.e., where special inspiration, &c., but only the writer's goodwill requisite for performance (Klo. II. 723.) “For who his mind the bearer an that his intellectual powers were subject and subservient his degree that promise will such due completion and delivery was founded entering into firm basis; and obligation, such divested himself ipso facto the plea (not unreasonable itself) the action for per formance, that the activity the mind could not submitted the coercive measures the judiciary. The plead author can none but true hindrances that have set through negligence his own, and that might compared with vis major; and the validity such pleas pronounced must, however, the court. We admit that there are innumerable valid pleas”; (Geng., 540. 541; confer Ger. 461, n.) And Bluntschli says, with regard the promise deliver the work: “This has contractu, must have been convinced of a of be in is be by he to to I. on of of in no to of of in an he in on a a to to ea obligatio �46 THE . CONTRACT OF PUBLICATION IN As, however, promised, and he has to fulfil his promise. the individual produce of a mind is here in question, the individual circumstances of the author must be considered. The creative powers of the mind cannot be bound by and defy any extraneous coercion. On the other disposi hand, they are dependent upon the ever-changing contract, tion and faculties of body and mind of the author himself. This susceptibility is recognised and presumed by the Contract of Publication, and limits the author's obligation. We find that in the following cases: (a) Not only health wholly incapacitating the author for work, but also an important change in his course of life depriving him of the time or of the elasticity of mind indispensable for work of this kind, are to be considered a sufficient reason ill for releasing him from the obligation of performance. He may not, however, plead such hindrance and at the same time undertake other similar works. Not the plea, but the real obstacle alone affects his liberation. (b) Such circumstances, if lasting, would warrant the author's withdrawing altogether from the of above) appreciation possible a the several applicable in is of which essential here as as Wà., 389, &c.) the nature the work, and of will have to of course, seq.; similarly : 506 of II. et (Blu. careful examination all concomitant circumstances, 7. of Bona fides A ": contract. there is, technical determine (partly indicated case. “The judicial perfectly free. They aspects given whether admitted (Klo. to an pretext”. on II. or to be to if or be is the hindrances entirely subjective, i.e., conscientious doubts only these subjective obstacles personal considerations, stringent motives for the author appear withdraw from the contract. But the author cannot withdraw at random, without any substantial reason, some mere may 722.) The authorities are not agreed author, pleading personal objections that are liberate him from the performance, but which �GERMANY, AUSTRIA, HUNGARY, AND SWITZERLAND. 47 to actual and absolute impossibility of ought not to indemnify the publisher for do not amount performance, such damnum emergens If as the avoidance has caused. the author's reasons for withdrawing are not found sufficient, to say nothing of a wanton withdrawal, for the purpose, e.g., of contracting with another publisher, 8. his plea of “subjective impossibility” will not be admitted, and the publisher will recover damages to the amount of his interest in the due performance. [This holds in Prussia under all circumstances, if the work in question appears within a year from the dissolution of the contract, but under the auspices of another publisher: (§ 1007.)] 9. a reliable standard for the assessment of damages If is not otherwise obtainable (e.g., from the actual results of the publication by another publisher), the court of justice will assess them, assisted by experts, to the amount of profit that was likely to ensue from the publication, in addition to the amount by which the publisher is t actually out of pocket. XV.-PERFORMANCE PUBLISHER. BY THE We have seen (II. 3) that the author's consideration is presumed to consist in the reproduction and publication of his work by the publisher, and that this obligation is an essentiale of the Contract of Publication. The publisher his right: (Eis., 85; Kohler, does his duty in exercising is, 285). cannot release himself payment of a profit (Eis. 85); withdraw wants to he by (Wä., 340); and of loss instead from some other reason he nor if reasons for expecting a of he of he on $ § to 1. The first, then, of his obligations have the work 519; Switzerland, printed: (Saxony, 1141; Hungary, art. 372, art. 378.) The publisher cannot avoid this losing his hopes profit (Klo. II. 724); cannot even Publication, when then abandon his Right has good �48 THE CONTRACT OF PUBLICATION IN the stipulated fee (Stobbe, 287); for the author's right to the fee is an independent obligation: (Wä., 341.) 2. The reproduction must take place in the manner, to the extent, and within the time stipulated by the contract or presumable as tacitly agreed on : (End. I. 816.) Where the special intentions of the parties are not to be ascer tained, the particular circumstances of the work, as, its volume, the urgency of the publication, technical difficul ties, &c., will usually prescribe a term for finishing the production. The author may apply for the judicial appoint ment of a term. In the absence of a special understanding, the work must be put in print immediately on delivery of the complete manuscript, and the production must proceed without intermission: (Eis., 85 ; Klo. II. 723.) 3. In the absence of a special agreement, the publisher may get up the book entirely after his own judgment and taste (Saxony, § 1141; Baden, § 577, D.E.; Klo. II. 724; Eis., 86; Geng., 534); but the technical execution must be suitable (Saxony, $ 1141; Switzerland, art. 378); and adequate to the purpose and importance of the work (Hungary, $ 520). For the reproduction, typography is presumed to have been agreed on (Klo. II. 723). The quality and correctness must come up to a fair average (Wä., 342), which involves the responsibility of the publisher for the correction (but see XIII. 15). If the publisher grossly neglects these claims of the author (if, e.g., the utility of the work is appreciably diminished by errata), an unusual number of the author can demand a new reproduction and (Eis., 86; Dern., recover damages for the delay: 642.) 4. The publisher has to put the whole of the manuscript in print and may suppress no part delivered, not even indices, &c., that he may himself think wholly superfluous: (Wä., 343.) 5. Where the agreement has not fixed a certain number, prefaces, �GERMANY, AUSTRIA, HUNGARY, AND switzERLAND. 49 the publisher may determine the number of copies at his own discretion (see IX. 3, 4); for not only must he be the best judge of the market, but the publication takes place at his risk and expense: (Wä., 270.) But he does not perform duly, if he does not produce a reasonable number of copies (Wä., 343); and at the author's bidding he must cause at least so many impressions to be taken, as a proper publication demands: (Switzerland, art. 377.) 6. The same obligations devolve upon the publisher he has expressly entered into an agreement to publish further editions, when the first one is disposed of. If he has not done that, but merely acquired a right to the future editions (which is always presumed to be the case unless the engagement is explicitly stated in the clause disposing of the coming editions) the author may call upon him to put the work again in print as soon as the present edition is sold ; the author may apply for the judicial appointment of a term, on the expiration of which the publisher loses all rights in the work if he has failed to produce a new edition : (Switzerland, art. 380.) [In Hungary alone is the principle of this contract (viz., Right of Publication—obligation to publish) consistently applied to future editions. Hungary, $ 522, says: where &4 if the future editions were assigned, the publisher is bound to produce a new edition immediately on completion of the sale of the preceding one.” And § 523 provides the author with every desirable remedy: XIX. 5.)] The author has bestowed the Right of Publication on the publisher, but beyond this exactly defined right he has transferred no particle whatever of his Authors’ Rights. No power, then, is vested in the publisher that (See 7. would entitle him to alter the work, whether by additions or omissions, without a special authorisation: (Switzerland, art. 378; Hungary, § 519; Bes., 946; Dern., 643; E �50 THE CONTRACT OF PUBLICATION IN Eis., 86); and he must leave every word as it stands in the manuscript: (Wii., 359.) He may not even alter unim portant details, as, single expressions, the author's spelling, except obvious slips of the pen, not to mention the arrangement, the sequence, or the connection of the parts, &c.; (Wä., 345.) 8. “The editor of a journal or other compilation stands in a relation to contributors that differs somewhat from that of the publisher who has to reproduce the author's work without any alterations; the editor undertakes, not an exact reproduction, but the insertion of the contribution in accordance with the proportions of the whole, as determined by his editorial functions. The editor, then, of an encyclopædia is entitled to suppress such parts of the contributions as would conflict with the standpoint and tendencies of the work at large, but this principle may not be understood to sanction the falsification of the contents; for the contributions were made in expectance of none but the usual and necessary editorial alterations: (Blanc. Traité, p. 100.) The authorisation to make such alterations involves no right to wholly remodel the author's work; the permission, on the other hand, to wholly recast the work, will warrant the insertion of it with but a few unimportant alterations”: (Wä., 346.) XVI.-SALE OF THE WORK. 1. The author, says Bluntschli, has not bargained to have his work stored up at the publishers; he wants to see it spread abroad. And one of the publisher's principal duties is to do his best to bring about a good sale : (Saxony, § 1141; Hungary, § 519; Switzerland, art, 378.) He must proceed with the solicitude of careful booksellers, as defined by the institutions of the trade, even if he has no prospect of profit (Klo. II. 724; Wä., 352); and he must employ the usual ways and means (Switzerland �GERMANY, AUSTRIA, HUNGARY, AND switzERLAND. 51 art. 378; Eis., 88; Stobbe, 287; Geng., 534); in case of litigation, the court will appoint experts to examine whether the publisher made due efforts to sell the work: (Dern., 642; Stobbe, 287.) 2. The publisher is bound to distribute copies for review and to issue public advertisements of the work: (Switzerland, art. 378; Klo. II. 723; Wä., 352; Stobbe, tion that the cannot avoid the usage (Blu. II. and must bear expense the ’’: advertisements are but part of the publica author may claim. The publisher, then, “Public 287.) 511.) or do to to if is he of as if a to he a sale: (Stobbe, 287; may not, without new contract duce an edition once destroyed, regard the chances the work destruction. pronounce bring about On the other hand, with the author, repro should happen improved since to likely to if experts were he exertions his part Wä., 353.) as reasonable the edition, on new production of a a be be to be 3. The publisher may not destroy the copies remaining on his hands, the sale proves difficult slow (Wä., 352); only entitled that, when the positively unsaleable, when work proves further reasonably expected (Klo. II. 724); the sale cannot rash destruction of the work would render him liable for the fix to is to he is if be to at it is 4. As the edition the publisher's property, and, more over, risk and expense are his, for him the price sold, which the copies are the contract does not provide otherwise. respect But here, too, bound of by an is in a in proper sale the author's interest the book, even where the author not interested the financial success. he : Ś $ He may not, then, impede the sale unreasonable price (Saxony, 1141; Hungary, 520; Switzerland, arbitrarily reduce the publication art. 378. Nor may E 2 of or or price under circumstances that might damage the author's literary fame scientific the commercial value �52 The CONTRACT OF PUBLICATION future work of his : (Eis. 88; Klo. II. the court to decide, in case of litigation, lisher's course of action in reducing the was justified by the circumstances of the XVII.--THE IN 724.) It is for whether the pub price of a book case. AUTHoR’s REMUNERATION. 1. The stipulation of a fee is neither an essentiale of, nor even inferable from, the Contract of Publication in itself. On this point all authorities are agreed: (See II. 3.) Yet, a pecuniary consideration joins, not only frequently, but mostly, with the author's literary, &c., interest (Ger., 459); usually by the stipulation of a definite or definable sum of money that the publisher is to pay over to the author: (Saxony, § 1143; Austria, § 1165; Hungary, $525; Switzerland, art. 383; Stobbe, 292; End.I.817; Dern.,642.) 2. The publisher is bound to remunerate the author of the case point to this, that the reasonably not have been expected without transfer could a remuneration : (Hungary, $ 525; Switzerland, art. 383; when the circumstances Stobbe, 292.) is a professional writer has, for remuneration (Wä., 356); so also when he is one whom the publisher knows For it is a principle to usually take a fee for his work. Law, that “whoever accepts the of German Common services of one whom he knows not to render those ser 3. Every author generally speaking, who an action to vices but for remuneration, enters into an engagement give him what he will claim, provided that the amount is not inequitable" (Windscheid, Pandekten II. § 404); this principle is usually (but not, as regards the matter in hand, unanimously) supported by L. 22 Dig. de Praescr. Verbis 19, 5. 4. A tacit stipulation of a fee will always be presumed, where a publisher has in his own interest ordered work from an author: (Wä., 357.) �GERMANY, AUSTRIA, HUNGARY, AND switzERLAND. 53 5. Where no other evidence is forthcoming to indicate the intentions of the parties, the custom of the trade will usually afford guidance, e.g., where the remuneration of a contribution to a periodical is in question. 6. “The motives that lead the author to the work, and his literary aims have nothing to do with the question of remuneration; those intentions may never be brought forth to prove that the author had not desired a fee"; (Wä., 357.) 7. The remuneration of the author is a matter of course, where the agreement is based upon, or refers to, a previous transaction between the same parties where a fee was paid. If, then, the author allows his publisher a new edition or gives him a new work of the same kind, and if the question of remuneration is not otherwise settled, the author will be entitled to preceding payment edition at or work: the (See rate IX. of the 2.) fee for the 8. If the original contract prescribes a new fee for every new edition, this fee includes the remuneration of the author for the trouble of editing revised editions. If no remuneration was stipulated at all, the publisher cannot claim the author's services for the preparation of new editions, without offering him a reasonable remuneration. If a fee for all editions was prepaid, it must be gathered, from all circumstances of the case, whether it was the intention of the parties to bind the author to gratuitous services in editing future editions: which intention is by If, how no means presumable without distinct evidence. ever, the author is really bound to gratuitous services, he will have to compensate the publisher for the expense of a revision by third parties, should he himself refuse to perform that obligation : (See XIII. 11.) 9. The claim to a fee is established with the constitution of the contract; it does not depend on the financial success of the work, and can never be contested on ground of the �54 IN THE CONTRACT OF PUBLICATION disproportion between price and goods (laesio enormis); proceeds of the sale fall to the publisher's speculation, and the claim to a fee is independent of them : ” (Blu. II. course, inapplicable where the 513.) This principle agreement made dependent author's remuneration the success the work, as, under the royalty the half profits system, not mention the case common partnership. writing 10. Bluntschli says: “If the contract made usually and no fee mentioned the conclusion admissible that no claim fee exists; and where an by is, is to in a it, is is in to of or of on is of “the is he supported by be no it of if to be by a as ” to in of he to a publisher, unknown writer offers his work will right doubt, presumed, case that has acquired remuneration, and desires nothing beyond the publica tion (Blu. II. 512); the latter assertion has been opposed rule; anyhow, either too sweeping these presump tions will set aside one favourable the author, sufficient evidence, XVIII.-TERMs. it of of by is of copies produced, and the publica 2. tion price: (Blu. II. 513.) If the author's fee was fixed in consideration of a expenses, the number of $ to the fee be 1. neither fixed by nor ascertained means one the presumptions recorded above, the court will assess on hearing experts (Hungary, 525; Switzerland, art. 383; Stobbe, 292); taking into consideration the publisher's Where the amount agreement a be to is Where the author an as of no 3. 360.) paid by $ But this rule does not apply where approximate number sheets was only mentioned binding estimate, with intention the author: (Wä., 526). of (Hungary, of in to be of sheets, the publisher cannot certain maximum number pay for copy held excess the volume agreed on the sheet, all �GERMANY, AUSTRIA, HUNGARY, AND switzERLAND. 55 copy delivered, including titles, index, prefaces, &c., counts as remunerable matter. In the absence of a special agreement, it is presumed that the parties had sheets of an average size in view. 4. it is generally for the publisher to choose the yet the author may demand size of the book (see XV. calculation his fee on the basis medium size: (Klo. II. a of a of 3), Although 725.) to or of is of of If author's § 5. entirely on remuneration depends partly the sale the book, the publisher bound the usual settlement accounts and proof sale (Zurich, 1611; Switzerland, art. 386); this holds wherever the the of to to to is of or in an controlling the publisher (Bes., author has interest 947); especially where the agreement limits the number copies editions the publication which the publisher entitled. This involves that the author may claim access the publisher's books: (Klo. II. 725.) is of separate on If a 7. part or : of of on § $ § to on is a 6. established, and Where the author's claim fee provide otherwise, the publisher the agreement does not delivery payment immediately bound the complete manuscript, for then the author has acquitted his obliga 1143; Hungary, 527; 1165; Saxony, tion: (Austria, Wä., 362; Klo. II. 725; Stobbe, 292.) [Switzerland alone does not follow this common principle, and prescribes, publication agreeing with some authorities, payment the work (Art. 385); the first draft the Code by Prof. Fick followed the common rule (Schneider, 506.)] remuneration was agreed for each section, the nature of complete if a of a on on If of or of on of in a on is of work that appears such sections, delivery due each the sections: (Wä., 362.) [In Switzerland publication the part volume: (Art. 385).] the remuneration was not fixed separately for each part, the author may call the publisher for proportionate part payment delivery volume the payment the work makes the �56 THE CONTRACT OF IN PUBLICATION is, calculation of such quotas possible, and without prejudice to the publisher's right of then demanding security for the delivery of the rest of the work: (Wä., 362.) 8. The exact calculation of a fee that is to be determined of is is it is as a is as is a is by the volume of the work when printed course, only possible when the type set up; tacit agreement therefore presumed that the payment due when the printing Now, composed, finished. soon sheet the fee for as much of the author's work as contains as it determined, be might regarded and due the general usage and several enactments declare, however, the fee due completion the printing: (Saxony, 1143; Hungary, 527; Switzerland, art. 385.) ipso facto of § § on (Wä., 362); a of so he on if II. 9. “But the publisher may not protract printing and publication, and thereby unduly defer the payment” 513); (Blu. does the author may demand provisional estimate: (Wii., payment the basis 363.) a be is to of an of Instead of, by a or fee, concurrent with, certain copies are often stipulated number authors. But obligation by no the publisher that effect 10. to a general trade usage cannot means presumable, and (Wä., 364); proved exist author's copies must therefore explicitly stipulated (Klo. 725); they are stipu II. action and in to is of at an execution (Hungary, claim. be claim REMEDIEs. action for every equitable have the work produced can The author has to 2. 1. by good booksellers: (Wä., 364.) XIX.—AUTHOR’s His them general custom the trade, the get copies from the publisher the 725); and can claim any discount § to allowed is entitled trade price (Klo. deliver he author bound to to a the if II. be publisher time: (Dern., 642.) 11. According lated, realised 523; Eis., 85); the �GERMANY, AUSTRIA, HUNGARY, AND switzERLAND. 57 compasses the production of the work at the defiant publisher's expense. execution 3. The author has an action for holding the publisher to the disposal of the copies in conformity with the rules usually observed in dealing with works of the kind in question: (Klo. II. 724.) 4. If the publisher does not perform duly, or at the proper time, he is liable to the author for damages: (Hungary, $ 523; Wä., 341; Ger. I. 462; Dern., 642; End. I. 816; Bes., 947; Walter, 359.) 5. If it can be shown that the author's interests demand the dissolution of the contract, the author can withdraw without prejudice to his action for damages (Hungary, § 523; Bes., 947), especially where the publisher's failing to perform in due time has diminished the author's interest in the contract (Wä., 386), or where it is rather to his interest to give the work to another publisher, than to sue for specific performance (Wä., 386,) [In Hungary “If, nothing through any the author has left to wish for. negligence of his own, the publisher fails to produce the work, and place it in the market, or to produce a new edition as soon as the previous one is exhausted, the author has the option (1) of demanding specific per formance of the contract and damages for the delay; or (2) of recovering damages for the non-performance; or (3) of withdrawing from the contract and regarding it as never made”: (§ 523.)] XX.—SUCCESSION TO THE PUBLISHER. 1. The derivative Right of Publication is not less trans ferable than the original Authors’ Rights in their totality. On principle, the Right of Publication may be alienated wherever the transfer is not precluded by the import of the contract. 2. But the publisher can dispose of a Right of Pub �58 THE CONTRACT OF PUBLICATION IN lication in so far only as his rights are separable from his obligations, for obligations from contracts cannot be trans (Kohler, p. 285 ferred without the consent of the obligee. emphatically seq., et and other authorities most assert that a publisher's rights and his obligations under a Contract of Publication are indissolubly bound together, so that any transfer of his rights affecting his obligation to perform in person, must of necessity violate the contract.) 3. It will have to be decided by the features of each case arising, whether the rights are separable from the (End. I. 817.) is true, that by the transfer of a Right of Publi cation acquired under a Contract of Publication, the publisher does not substitute another as obligor in his place, but merely causes another to perform for him, whilst he himself remains liable for the performance: (Klo. II. 734.) But the publisher is not entitled to do even that, if the Right of Publication was trans ferred to him as a strictly personal right (Klo. I. 13); the Contract of Publication is usually made in con sideration of the publisher's person, especially as the rule, unable author control the production work, copies produced. and sale his and the number author, therefore, guarantee The seeks for the respectability his publisher, the solidity the firm with which contracts (Wä. 365); and their honesty, circumspection and dexterity business: (Geng., 536; Walter, 359.) And further, the liability the original publisher for obligations: to by 5. of of in in he or of a in of a as It of is, 4. of is it as a as very limited value, the performance the transferee for, rule, the contract does not fix the publisher's duties with such juridical preciseness would make in as to no to in liquidate them an action: (Wii., 366.) may the publisher transfer an Under circumstances author's work other persons, except such are skilled possible �GERMANY, AUSTRIA, HUNGARY, AND switzERLAND. 59 the publishing trade and ready to devote their energies to the work transferred. Persons not answering to those requirements, do not acquire the rights that the transfer tends to bestow on them: (Dern., 644.) 6. If the author objects to the transfer, the court will be called upon to answer the question, whether the nature of the case does or does not imply the tacit agreement that a transfer by the publisher is precluded. 7. An unconditional right, therefore, of the publisher to transfer a Right of Publication to others cannot be taken for granted (Bes., 947); but it is true that in many cases the contract can be duly performed by any publisher (Klo. I. 147); and as a matter of fact such transactions a is, in by the authors. 8. But an assignation of Rights of Publication involved in the alienation of a publisher's business, his entire rule, valid, more especially where the firm taberna, as are mostly acquiesced of proprietorship necessity affected by the mere change seq.); and trade usage has established the (Kohler, 289 validity of of to of on right a of Rights transfer Publication under without prejudice the author's opposing such transfers the ground material circumstances, of those et of of ; in remains the same for such cases the principles, con nections, institutions, and resources the business are not and substantial objections. to of by a 9. of publisher succeed The heirs all rights and duties ensuing from Contracts Publication made him. XXI.—SuccEssion To THE AUTHOR. by is it in If to he if 1. of usually dissolved by The Contract Publication death, completed the author's had not the work; his heirs are neither bound nor entitled finish his place. the author had lured the publisher into making the as be be finished, his estate representing contract the work will liable for damages; and damages will recover �IN THE CONTRACT OF PUBLICATION 60 able in every case where the non-completion is due to the negligence of the deceased: (Wii., 376.) 2. But iſ at the author's decease the work is finished, or “in in seized Or, exceptional surrender it; and Switzerland, art. 389, cases, where it are bound execution. appears it puts this), the heirs it, be clude may as to its at least so far completed that it can be finished by another writer (provided, of course, that nature does not pre possible be upheld entirely that the contract should partly, the continuation will decreed and the necessary details prescribed the court.” The publisher bound accept and publish the work was finished the author before his decease; he finished section or independent marketable value: (Schneider, 508.) sections the publisher had acquired title future by it a if to If to If by to a to to if of by on he having the book brought may insist that called for the nature the work. the author was bound undertake such alterations, his provide for heirs are bound suitable revision. the author was not bound revise future editions, the pub date, is editions, up a If 3. of or if to is by or be and equitable be to any competent person; lisher may cause that done and the heirs cannot withhold their consent without urgent rea,SOInS. XXII.-DIssolution of THE CONTRACT. of of he of to an if of or 1. The contract ends when the publisher has disposed copies all editions the publication which was entitled, and, unlimited Right Publication was transferred, with the expiration the copyright. § : is If 3. to by of or by 2. But the contract may end before one those events taking place, either mutual consent, other facts; always without prejudice already claims established. the author dies before completing the work, the 531; Switzerland, dissolvedea, nunc (Hungary, contract art. 389; See XXI.) �GERMANY, AUSTRIA, HUNGARY, AND SwitzERLAND. 61 4. The publisher may withdraw and sue for damages if the author concealed the existence of rights of other persons in the work concerning which the contract is made, provided that those pre-existing rights conflict with those of the publisher: (See VII. 1.) 5. If severe illness, lunacy, &c., incapacitate the author from fulfilling his obligations or attending to his interest in the contract, the analogy to the case of an author's decease will obtain, without prejudice, of course, to the operation of the general law. 6. An accidental loss of the manuscript, which renders the production of the edition impossible dissolves the contract; for the author cannot be compelled to do the work over again : (Hung., § 531; Sax., § 1144; Klo. II. 735.) But the publisher in the hands of whom a manuscript is accidentally lost, is not thereby released from such obligations as can still be fulfilled by him : he is in particular bound to pay the author's fee. supply him, for however, bound 8. The author a to is, 7. a $ of he he if one a of of manuscript, and the the work, not merely only then sufficient reason for the manuscript the author's acquittance when the performance the of a is loss of delivery possesses or § if script, 529); of copy with the lost manu (Saxony, 1147; Hungary, producing one without has the means (Switzerland, considerable labour: art. 387.) “For the author's obligation from the contract embraced the consideration, reasonable no by if is 9. contract has become impossible”: (Wä., 380.) This implies that the author means freed without further ceremony the manuscript intended for and the elaboration substantially or is a destroyed, of if is is accidentally lost before delivery. his publisher The only freed when the performance has become author impossible (Blu. II. 515), i.e., this work lost new �62 IN THE CONTRACT OF PUBLICATION - work would be necessary. But then he cannot claim the stipulated fee, unless the publisher has been in mora accipiendi. 10. The author can, on the other hand, compel his publisher to accept and publish a copy of a manuscript lost after delivery. 11. It stands author and publisher resulting in the loss of the to reason that both liable for negligence manuscript. are it. 12. It has been deemed equitable to allow the publisher to reproduce an edition accidentally destroyed without paying a second fee to the author (Switzerland, art. 388; Hungary, $ 530); but not to hold him to the reproduction. For he has performed an essential, certainly the most onerous part of his obligation in placing the edition at the disposal of the market.” He does not, however, escape the obligation of paying the fee stipulated for the lost edition by declining to reprint is in Ś by an to is by if it to a to or he to as as is If 13. the edition lost after the sale has begun, the sold, and the publisher's rights lost copies are treated consumed; the author this edition are regarded royalties profits not entitled that would have received, had those copies really been sold, but does not lose his claim fee should not yet have been paid. singular exception Saxony, 1148, [A made allowing the publisher destroyed reproduce edition after the sale has begun.] or to be he if § or § on if he he borne to in occurred is be he it to then, If accident, occurred. of it An is the party the person business pay the author's fee, the publisher, will have though may released from the publication; from only then liberated that obligation the author can place his work with another publisher the same terms: (Saxony, 1146; Hungary, 528); but not loses the manuscript the edition. 14. which �GERMANY, AUSTRIA, HUNGARY, AND SWITZERLAND. 63 15. The unforeseen occurrence of events rendering the publication futile, is regarded as an accident that annuls the contract ea nunc (Saxony, Ś 1146; Hungary, § 531); e.g., the abrogation of the law on which the author has written a commentary, &c. The author's title to a fee is not affected by this contingency, but the publisher will successfully defend an action aiming at the production of the work, with the exceptio doli : (Klo. II. 735.) [In Hungary this principle holds only where such events occur after the delivery of the manuscript; if they occur before the delivery, the author (or his representatives) cannot claim the stipulated fee, and must refund the publisher for any payment on account: (§ 531.)] 16. We have seen above (XIV. 3, 4, 5; XIX. 5) that non-performance or improper performance may entitle the party other to avoid the contract. XXIII.-BANKRUPTCY OF THE PUBLISHER. of our subject has neither in theory nor a satisfactory development. The following principles may, however, be regarded as established: 1. the contract has not yet been performed by either party when the publisher fails, the author may avoid the contract (Klo. II. 735; Wä., 384); if the contract is to This by chapter casuistry attained If be continued, a new agreement must be made by the author and the trustee of the bankrupt’s estate. Under all circumstances the author may withhold the manuscript until the payment of his fee is either made or secured: (Wä., 384.) [2. German Empire: Klostermann says, that both the author and the bankrupt's trustee may withdraw, provided the work has not yet been put in print: (Klo. II. 735.) 3. The law of Switzerland deviates in some particulars from the general rules laid down above: “If the pub �The CONTRACT OF PUBLICATION. 64 lisher fails, the author may assign the work to another publisher, if security is not given him for the acquittance of those obligations that were not yet due at the time of the declaration of insolvency’’: (Art. 390.) 4. Hungary, too, deviates from the common principles, but decidedly, from the standpoint of authors, in the right direction. “The author contract if the publisher fails. If, may withdraw from the however, the printing if is of should have begun, the administration the bankrupt's estate may uphold the contract, due security offered 532.)] rule, the printing he separation of those the work reduces of the rank of the author's claims to a 5. to (§ the author’’: general As other creditors; be in of or an of the a on be and of the to claim (Wä., 384, 385); of his work from the Right Publication sold behalf the estate (Klo. II. 735); but the author may resist transfer others than able publisher (Dern., 644); his rights being the same this respect, whether the sale the publisher's rights voluntary under bankruptcy: (Kohler, 289.) cannot estate may �•■■~~~~======----- • • **** �PUBLICATIONS to 2. the past year can The Author. Literature and the Pension List. on That the Secretary. 3. application be 1. The Annual Report. for SOCIETY OF AUTHORS had to on be of to A to Monthly Journal devoted especially the protection and maintenance Literary Property. Issued application all Members. Back numbers can obtained the Secretary. of of of this work specimens are given important forms type, size page, &c., with showing what produce the more common costs - Production. kinds of books. 2s. 6d. 7. Copyright Law Reform. An 8. The Society 9. by in of of an to of in In S. of By Publication. SQUIRE SPRIGGE. this work, compiled from the papers the Society's offices, the various forms agreements proposed Publishers Authors are examined, and their meaning care fully explained, with account the various kinds frauds which have been made possible by the different clauses their agreements. 3s. The Various Methods d By 1s. In the Society. to estimates to the Société des Gens des Lettres. it The Cost the most 6. By W. MORRIS CoLLEs, - 3s. SQUIRE SPRIGGE, late Secretary of 5. of The History S. 4. Barrister-at-Law. The Contract Publication Hungary, and Switzerland. By an of J. of # of right of Exposition Lord Monkswell's Copyright Bill, now before Parliament. With Extracts from Appendix 1878, and the Report the Commission containing the Berne Convention and the American Copy M. LELY. Authors. 18. 6d. SOCIETY in Germany, Austria, By ERNST LUNGE, J.U.D. application to obtained on can be - All the above publications 4, of A of 2s. 6d. of Record its action from its By SIR WALTER BESANT (Chairman Foundation. Com mittee, 1888–1892), 1s. the Secretary, OF AUTHORS, PORTUGAL STREET, LINCOLN'S INN FIELDS, W.C. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Society of Authors Publications Identifier An unambiguous reference to the resource within a given context publications Publication Date The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format) 1896 Publisher(s) When used for publications, publisher of the periodical or book. When used for people, list of publishers they worked with during their lifetime The Society of Authors Horace Cox Location The location of the event or organisation London Image Source A citation for the image. All images are either used under a Creative Commons licence or with permission Lunge, Ernst. <em>The Contract of Publication in Germany, Austria, Hungary, and Switzerland</em>. London: The Society of Authors, 1896. <a href="https://catalog.hathitrust.org/Record/102667700" target="_blank" rel="noopener">https://catalog.hathitrust.org/Record/102667700</a>. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Contract of Publication in Germany, Austria, Hungary, and Switzerland (1896) Subject The topic of the resource <em>The Contract of Publication in Germany, Austria, Hungary, and Switzerland&nbsp;</em>(1896) Description An account of the resource A synopsis of publication in several European countries which follow the German Code of Commerce, written by Ernst Lunge. Creator An entity primarily responsible for making the resource Lunge, Ernst Source A related resource from which the described resource is derived <a href="https://catalog.hathitrust.org/Record/102667700" target="_blank" rel="noopener">https://catalog.hathitrust.org/Record/102667700</a> Type The nature or genre of the resource Publication Identifier An unambiguous reference to the resource within a given context 1896-Lunge-Contract-of-Publication-in-Germany-Austria-Hungary-Switzerland international publications publishing https://www.historysoa.com/files/original/4/197/1891-Cost-of-Production.png c9360fd7e6a1e8e9923ad7a3546a030b Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Society of Authors Publications Identifier An unambiguous reference to the resource within a given context publications Publication Date The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format) 1891 Location The location of the event or organisation London Publisher(s) When used for publications, publisher of the periodical or book. When used for people, list of publishers they worked with during their lifetime The Society of Authors Image Source A citation for the image. All images are either used under a Creative Commons licence or with permission <em>The Cost of Production</em>. London: The Society of Authors, 1891. <a href="https://archive.org/details/costofproduction00inco" target="_blank" rel="noopener">https://archive.org/details/costofproduction00inco</a>. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Cost of Production (1891) Subject The topic of the resource <em>The Cost of Production</em> (1891) Description An account of the resource Provides an overview of the costs of producing a book, from composition and typesetting to printing, binding, moulding, stereotyping and advertising. The chapters focus on three-volume, two-volume and one-volume novels, travel and science books, biography, children's fiction and poetry. Creator An entity primarily responsible for making the resource The Society of Authors Source A related resource from which the described resource is derived <a href="https://archive.org/details/costofproduction00inco" target="_blank" rel="noopener">https://archive.org/details/costofproduction00inco</a> Type The nature or genre of the resource Publication Identifier An unambiguous reference to the resource within a given context 1891-Cost-of-Production publications publishing https://www.historysoa.com/files/original/4/196/1887-Lytton-Pollock-Adams-Besant-Gosse-Hollingshead-Grievances.png dea65469f57cd54e7d1b5d4066d75e60 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Society of Authors Publications Identifier An unambiguous reference to the resource within a given context publications Publication Date The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format) 1887 Location The location of the event or organisation London Publisher(s) When used for publications, publisher of the periodical or book. When used for people, list of publishers they worked with during their lifetime Field & Tuer Simpkin, Marshall & Co. Hamilton, Adams & Co. Image Source A citation for the image. All images are either used under a Creative Commons licence or with permission Lytton, Edward Robert Bulwer-, William Frederick Pollock, Francis Adams, Walter Besant, Edmund Gosse and John Hollingshead. <em>The Grievances Between Authors and Publishers</em>. London: Field &amp; Tuer; Simpkin, Marshall &amp; Co.; Hamilton, Adams &amp; Co., 1887. <a href="https://archive.org/details/grievancesbetwee00inco" target="_blank" rel="noopener">https://archive.org/details/grievancesbetwee00inco</a>. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Grievances Between Authors and Publishers (1887) Subject The topic of the resource <em>The Grievances Between Authors and Publishers</em> (1887) Description An account of the resource A report on the three conferences held in March 1887 on the maintenance of literary property, the profession of authorship, and dramatic rights and property. Creator An entity primarily responsible for making the resource Lytton, Edward Robert Bulwer- Pollock, William Frederick Adams, Francis Ottiwell Besant, Walter Gosse, Edmund William Hollingshead, John Source A related resource from which the described resource is derived <a href="https://archive.org/details/grievancesbetwee00inco/" target="_blank" rel="noopener">https://archive.org/details/grievancesbetwee00inco/</a> Type The nature or genre of the resource Publication Identifier An unambiguous reference to the resource within a given context 1887-Lytton-Pollock-Adams-Besant-Gosse-Hollingshead-Grievances publications publishing https://www.historysoa.com/files/original/4/545/1914-07-01-Supplement-24-10-The-Indian-Copyright-Bill.pdf f8aa81a9e60c7a9c5a25fcbd70ba80b5 PDF Text Text ����� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Society of Authors Publications Identifier An unambiguous reference to the resource within a given context publications Publication Date The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format) 1914-07-01 Volume 24 Issue 10 Publisher(s) When used for publications, publisher of the periodical or book. When used for people, list of publishers they worked with during their lifetime The Society of Authors Location The location of the event or organisation London Ngram Date Version of the date in YYYYMMDD format for use by the Ngram plugin 19140701 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Indian Copyright Bill, 1914 (1914) Subject The topic of the resource <em>The Indian Copyright Bill, 1914&nbsp;</em>(1914) Description An account of the resource A summary of the 1914 Indian Copyright Bill. Relation A related resource <a href="https://historysoa.com/The-Author-Issues/1914-07-01-The-Author-24-10">Supplement to <em>The Author</em>, Vol. 24 Issue 10</a> Type The nature or genre of the resource Publication Identifier An unambiguous reference to the resource within a given context 1914-07-01-Supplement-24-10-The-Indian-Copyright-Bill copyright India international publications The Author https://www.historysoa.com/files/original/4/195/1890-Sprigge-Methods-of-Publishing.png 731250bbeb097956c6d00fe51ec1534f Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Society of Authors Publications Identifier An unambiguous reference to the resource within a given context publications Publication Date The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format) 1890 Location The location of the event or organisation London Publisher(s) When used for publications, publisher of the periodical or book. When used for people, list of publishers they worked with during their lifetime The Society of Authors Henry Glaisher Image Source A citation for the image. All images are either used under a Creative Commons licence or with permission Sprigge, Samuel Squire. <em>The Methods of Publishing</em>. London: The Society of Authors, 1890. <a href="https://archive.org/details/methodsofpublish00spri" target="_blank" rel="noopener">https://archive.org/details/methodsofpublish00spri</a>. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Methods of Publishing (1890) Subject The topic of the resource <em>The Methods of Publishing</em> (1890) Description An account of the resource Written by <a href="https://historysoa.com/people/Sprigge-Samuel-Squire">Samuel Squire Sprigge</a> to support the demand of the Society, as made in the Annual Report of 1889, for "just treatment as prevails in all other branches of business". With chapters on literary property and different profit systems. Creator An entity primarily responsible for making the resource Sprigge, Samuel Squire Source A related resource from which the described resource is derived <a href="https://archive.org/details/methodsofpublish00spri" target="_blank" rel="noopener">https://archive.org/details/methodsofpublish00spri</a> Type The nature or genre of the resource Publication Identifier An unambiguous reference to the resource within a given context 1890-Sprigge-Methods-of-Publishing Relation A related resource <a href="https://historysoa.com/publications/1898-Thring-Addenda-Methods-of-Publishing" target="_blank" rel="noopener"><em>Addenda to The Methods of Publishing</em> (1898)</a> publications publishing https://www.historysoa.com/files/original/4/538/1914-03-02-Supplement-24-2-New-Zealand-Copyright-Act.pdf d08e28aa20117cf9cfa5a32612de7513 PDF Text Text ������������������������ Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Society of Authors Publications Identifier An unambiguous reference to the resource within a given context publications Publication Date The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format) 1914-03-02 Volume 24 Publisher(s) When used for publications, publisher of the periodical or book. When used for people, list of publishers they worked with during their lifetime Bradbury, Agnew & Co. Location The location of the event or organisation London Ngram Date Version of the date in YYYYMMDD format for use by the Ngram plugin 19140302 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The New Zealand Copyright Act, 1913 (1914) Subject The topic of the resource <em>The New Zealand Copyright Act, 1913</em> (1914) Relation A related resource <a href="https://historysoa.com/The-Author-Issues/1914-03-02-The-Author-24-6">Supplement to The Author, Vol. 24 Issue 05</a> Type The nature or genre of the resource Publication Identifier An unambiguous reference to the resource within a given context 1914-03-02-Supplement-24-2-New-Zealand-Copyright-Act Description An account of the resource A full summary of the New Zealand 1913 Copyright Act, which came into effect on 1 April 1914. copyright international publications The Author https://www.historysoa.com/files/original/4/113/1899-Besant-The-Pen-and-the-Book.png 44fb29277970241a45326f9c2805711e Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Society of Authors Publications Identifier An unambiguous reference to the resource within a given context publications Publication Date The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format) 1899 Location The location of the event or organisation London Publisher(s) When used for publications, publisher of the periodical or book. When used for people, list of publishers they worked with during their lifetime T. Burleigh Image Source A citation for the image. All images are either used under a Creative Commons licence or with permission Besant, Walter. <em>The Pen and the Book</em>. London: T. Burleigh, 1899. <a href="https://archive.org/details/penandbook00besauoft/page/n5/mode/2up" target="_blank" rel="noopener">https://archive.org/details/penandbook00besauoft/page/n5/mode/2up</a>. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Pen and the Book (1899) Subject The topic of the resource <em>The Pen and the Book&nbsp;</em>(1899) Description An account of the resource A guide for young writers written by <a href="https://historysoa.com/people/Besant-Walter">Walter Besant</a>, including chapters on the cost of production, methods of publishing, copyright, and choosing publishers, literary agents and editors. Also includes a prospectus for the Society of Authors. Creator An entity primarily responsible for making the resource Besant, Walter Source A related resource from which the described resource is derived <a href="https://archive.org/details/penandbook00besauoft" target="_blank" rel="noopener">https://archive.org/details/penandbook00besauoft</a> Type The nature or genre of the resource Publication Identifier An unambiguous reference to the resource within a given context 1899-Besant-The-Pen-and-the-Book copyright publications publishing https://www.historysoa.com/files/original/4/546/SoA_List_of_Members_1902.pdf 3eebc1be6140afc7870d1e3cf14746e4 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Society of Authors Publications Identifier An unambiguous reference to the resource within a given context publications Publication Start Date A start date for the group/organisation or publication 1902 End Date An end date for the group/organisation or publication 1902 Publisher(s) When used for publications, publisher of the periodical or book. When used for people, list of publishers they worked with during their lifetime The Incorporated Society of Authors Location The location of the event or organisation London Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Society of Authors (Incorporated) List of Members and Associates (1902) Subject The topic of the resource A list published in 1902 by the Society of Authors of their members and associate members. Description An account of the resource A published list of members and associates of the Society of Authors published by the Society in 1902. The list includes the names and addresses of members plus the year of their election to the Society. The list does not include the details of those members who did not wish to appear in the list. Creator An entity primarily responsible for making the resource The Incorporated Society of Authors Date A point or period of time associated with an event in the lifecycle of the resource 1902 Rights Information about rights held in and over the resource Produced with the permission of Bodleian Library, Oxford University for non-commercial use on an academic website. Type The nature or genre of the resource Publication Identifier An unambiguous reference to the resource within a given context The Society of Authors, List of Members and Associates 1902. https://www.historysoa.com/files/original/4/114/1912-Prospectus.png f00f1ac3d3b62e8479d4a898a742d622 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Society of Authors Publications Identifier An unambiguous reference to the resource within a given context publications Publication Date The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format) 1912 Location The location of the event or organisation London Publisher(s) When used for publications, publisher of the periodical or book. When used for people, list of publishers they worked with during their lifetime Bradbury, Agnew & Co. The Society of Authors Image Source A citation for the image. All images are either used under a Creative Commons licence or with permission The Society of Authors: Prospectus. London: Bradbury, Agnew &amp; Co. 1912. <a href="https://babel.hathitrust.org/cgi/pt?id=uc2.ark:/13960/t8pc32q2b&amp;view=1up&amp;seq=5" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=uc2.ark:/13960/t8pc32q2b&amp;view=1up&amp;seq=5</a>. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Society of Authors Prospectus (1912) Subject The topic of the resource <em>The Society of Authors Prospectus</em> (1912) Description An account of the resource A prospectus providing an overview of the benefits of joining the Society of Authors. Creator An entity primarily responsible for making the resource The Society of Authors Thring, George Herbert Source A related resource from which the described resource is derived <a href="https://babel.hathitrust.org/cgi/pt?id=uc2.ark:/13960/t8pc32q2b" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=uc2.ark:/13960/t8pc32q2b</a> Type The nature or genre of the resource Publication Identifier An unambiguous reference to the resource within a given context 1912-Prospectus publications https://www.historysoa.com/files/original/4/112/1893-Besant-The-Society-of-Authors.png 879391b45549d6ba09a0484fdcb91bb4 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Society of Authors Publications Identifier An unambiguous reference to the resource within a given context publications Publication Date The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format) 1893 Location The location of the event or organisation London Publisher(s) When used for publications, publisher of the periodical or book. When used for people, list of publishers they worked with during their lifetime The Society of Authors Image Source A citation for the image. All images are either used under a Creative Commons licence or with permission Besant, Walter. <em>The Society of Authors: A Record of Its Action from Its Foundation</em>. London: The Society of Authors, 1893. <a href="https://play.google.com/books/reader?id=hd0-AQAAMAAJ&amp;pg=GBS.PP3" target="_blank" rel="noopener">https://play.google.com/books/reader?id=hd0-AQAAMAAJ&amp;pg=GBS.PP3</a>. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Society of Authors: A Record of Its Action from Its Foundation (1893) Subject The topic of the resource <em>The Society of Authors: A Record of Its Action from Its Foundation&nbsp;</em>(1893) Description An account of the resource A brief history of the Society from its foundation to 1892 by <a href="https://historysoa.com/people/Besant-Walter">Walter Besant</a>. Delivered as a lecture at the Annual Meeting of the Society, 17 December 1892. Creator An entity primarily responsible for making the resource Besant, Walter Source A related resource from which the described resource is derived <a href="https://play.google.com/books/reader?id=hd0-AQAAMAAJ&amp;pg=GBS.PP1" target="_blank" rel="noopener">https://play.google.com/books/reader?id=hd0-AQAAMAAJ</a> Type The nature or genre of the resource Publication Identifier An unambiguous reference to the resource within a given context 1893-Besant-The-Society-of-Authors publications https://www.historysoa.com/files/original/4/236/1889-Sprigge-Society-of-French-Authors.png b3ea8962e571a3c23cda5a3b3af6daf0 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Society of Authors Publications Identifier An unambiguous reference to the resource within a given context publications Publication Date The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format) 1889 Publisher(s) When used for publications, publisher of the periodical or book. When used for people, list of publishers they worked with during their lifetime The Society of Authors Henry Glaisher Location The location of the event or organisation London Image Source A citation for the image. All images are either used under a Creative Commons licence or with permission Sprigge, Samuel Squire. <em>The Society of French Authors (La Société Des Gens De Lettres): Its Foundation and its History</em>. London: The Society of Authors, 1889. <a href="https://babel.hathitrust.org/cgi/pt?id=hvd.32044010126399" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=hvd.32044010126399</a>. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Society of French Authors (La Société Des Gens De Lettres): Its Foundation and its History (1889) Subject The topic of the resource <em>The Society of French Authors (La Société Des Gens De Lettres): Its Foundation and its History&nbsp;</em>(1889) Description An account of the resource Written by <a href="https://historysoa.com/people/Sprigge-Samuel-Squire">Samuel Squire Sprigge</a>, providing a history of the French Society of Authors (founded in <span>1829). Offers an overview of the legal and political standing of authorship in France, and the work of the Society in changing the landscape.</span> Creator An entity primarily responsible for making the resource Sprigge, Samuel Squire Source A related resource from which the described resource is derived <a href="https://babel.hathitrust.org/cgi/pt?id=hvd.32044010126399" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=hvd.32044010126399</a> Type The nature or genre of the resource Publication Identifier An unambiguous reference to the resource within a given context 1889-Sprigge-Society-of-French-Authors international publications https://www.historysoa.com/files/original/1/161/1885-Thomas-William-Moy.jpg e2d1aa7beb14f4060e33b27da32bbe34 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Society of Authors Members Description An account of the resource By the time of the first general meeting on 18 February 1884, the Society of Authors had 14 <a href="https://historysoa.com/items/browse?advanced%5B0%5D%5Belement_id%5D=66&amp;advanced%5B0%5D%5Btype%5D=is+exactly&amp;advanced%5B0%5D%5Bterms%5D=Vice-President&amp;sort_field=Dublin+Core%2CTitle">Vice-Presidents</a> and 68 members. Annual subscription was set at a guinea; life subscription was 10 guineas.<br /><br />Initially, new members could join as Fellows, Members or Associates. Fellow status was abolished; not all Fellows paid for subscription and their position within the Society was thus unclear. Members had to have authored at least one full-length work (whether published or performed). Associates were aspiring writers who may not have had any work published.<br /><br />By 1886, there were 153 members. This rose to 240 in 1888, 372 in 1889, 662 in 1891 and 870 in 1892 (Walter Besant, <a href="https://historysoa.com/publications/1893-Besant-The-Society-of-Authors"><em>The Society of Authors: A Record of Its Action from Its Foundation</em></a>, 1893). By 1912, there were over 2,000 members (<em><a href="https://historysoa.com/publications/1912-Prospectus">Society of Authors Prospectus</a></em>, 1912).<br /><br />This collection currently includes over 200 prominent members of the Society. Identifier An unambiguous reference to the resource within a given context people Person Birth Date of birth (YYYY) 1828 Death Date of death (YYYY) 1910 Sex Sex as assigned at birth M Occupation Occupations drawn from Oxford Dictionary of National Biography or other sources Author Journalist Biography Short summary drawn from Oxford Dictionary of National Biography or other sources William Moy Thomas (1828–1910; <em>Oxford DNB</em>); novelist, journalist and translator. First editor of <em>Cassell's Magazine</em>; drama critic for <em>The Academy</em>, 1875–1879, and <em>The Graphic</em> (from 1870); also published several novels. Oxford Dictionary of National Biography Entry Static URI for the person's entry in the Oxford Dictionary of National Biography, where available <a referrer="origin-when-cross-origin" href="https://doi.org/10.1093/ref:odnb/36483" target="_blank" rel="noopener">https://doi.org/10.1093/ref:odnb/36483</a> Committee(s) A list of committees the person was a member of Council Image Source A citation for the image. All images are either used under a Creative Commons licence or with permission Barraud, Herbert Rose. Portrait of William Moy Thomas. Carbon Print. Carson &amp; Comerford, 1885. NPG Ax29218 © National Portrait Gallery, London. <a href="https://www.npg.org.uk/collections/search/portrait/mw144633/William-Moy-Thomas" target="_blank" rel="noopener">https://www.npg.org.uk/collections/search/portrait/mw144633/William-Moy-Thomas</a>. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Thomas, William Moy Subject The topic of the resource Thomas, William Moy (1828–1910) Description An account of the resource William Moy Thomas (1828–1910); novelist, journalist and translator. Type The nature or genre of the resource Person Identifier An unambiguous reference to the resource within a given context Thomas-William-Moy Council drama editing fiction journalism translation https://www.historysoa.com/files/original/1/65/1882-Thompson-Henry.jpg 546e42d42769fa59435a07c15632a95a Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Society of Authors Members Description An account of the resource By the time of the first general meeting on 18 February 1884, the Society of Authors had 14 <a href="https://historysoa.com/items/browse?advanced%5B0%5D%5Belement_id%5D=66&amp;advanced%5B0%5D%5Btype%5D=is+exactly&amp;advanced%5B0%5D%5Bterms%5D=Vice-President&amp;sort_field=Dublin+Core%2CTitle">Vice-Presidents</a> and 68 members. Annual subscription was set at a guinea; life subscription was 10 guineas.<br /><br />Initially, new members could join as Fellows, Members or Associates. Fellow status was abolished; not all Fellows paid for subscription and their position within the Society was thus unclear. Members had to have authored at least one full-length work (whether published or performed). Associates were aspiring writers who may not have had any work published.<br /><br />By 1886, there were 153 members. This rose to 240 in 1888, 372 in 1889, 662 in 1891 and 870 in 1892 (Walter Besant, <a href="https://historysoa.com/publications/1893-Besant-The-Society-of-Authors"><em>The Society of Authors: A Record of Its Action from Its Foundation</em></a>, 1893). By 1912, there were over 2,000 members (<em><a href="https://historysoa.com/publications/1912-Prospectus">Society of Authors Prospectus</a></em>, 1912).<br /><br />This collection currently includes over 200 prominent members of the Society. Identifier An unambiguous reference to the resource within a given context people Person Pen Name Any name used to publish Oliver, Pen Birth Date of birth (YYYY) 1820 Death Date of death (YYYY) 1904 Sex Sex as assigned at birth M Occupation Occupations drawn from Oxford Dictionary of National Biography or other sources Surgeon Biography Short summary drawn from Oxford Dictionary of National Biography or other sources Sir Henry Thompson, first baronet (1820–1904; <em>Oxford DNB</em>); surgeon. Published primarily on urology, his medical specialty; also published two novels under the pseudonym Pen Oliver, <em>Charley Kingston's Aunt</em> (1885) and <em>All But</em> (1886). Appointed a Vice-President of the Society of Authors. Oxford Dictionary of National Biography Entry Static URI for the person's entry in the Oxford Dictionary of National Biography, where available <a referrer="origin-when-cross-origin" href="https://doi.org/10.1093/ref:odnb/36490" target="_blank" rel="noopener">https://doi.org/10.1093/ref:odnb/36490</a> Position(s) Positions within the Society of Authors or committees (the latter specified by the [Committee(s)] field) such as Chairman or Honorary Secretary Vice-President Position Start Date The date the person took on the position within the Society of Authors or committee (the latter specified by the [Position] field) such as Chairman or Honorary Secretary 1884 (Vice-President) Image Source A citation for the image. All images are either used under a Creative Commons licence or with permission Lock &amp; Whitfield. Portrait of Sir Henry Thompson. Woodburytype. Sampson Low, Marston, Searle and Rivington, 1882. NPG Ax17659 © National Portrait Gallery, London. <a href="https://www.npg.org.uk/collections/search/portrait/mw120773/Sir-Henry-Thompson" target="_blank" rel="noopener">https://www.npg.org.uk/collections/search/portrait/mw120773/Sir-Henry-Thompson</a>. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Thompson, Henry Subject The topic of the resource Thompson, Henry (1820–1904) Description An account of the resource Sir Henry Thompson, first baronet (1820–1904); surgeon. Type The nature or genre of the resource Person Identifier An unambiguous reference to the resource within a given context Thompson-Henry fiction medicine science Vice-Presidents https://www.historysoa.com/files/original/1/193/Thring-George-Herbert.jpeg c101f3d53d6b34215fed31375da5ab70 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Society of Authors Members Description An account of the resource By the time of the first general meeting on 18 February 1884, the Society of Authors had 14 <a href="https://historysoa.com/items/browse?advanced%5B0%5D%5Belement_id%5D=66&amp;advanced%5B0%5D%5Btype%5D=is+exactly&amp;advanced%5B0%5D%5Bterms%5D=Vice-President&amp;sort_field=Dublin+Core%2CTitle">Vice-Presidents</a> and 68 members. Annual subscription was set at a guinea; life subscription was 10 guineas.<br /><br />Initially, new members could join as Fellows, Members or Associates. Fellow status was abolished; not all Fellows paid for subscription and their position within the Society was thus unclear. Members had to have authored at least one full-length work (whether published or performed). Associates were aspiring writers who may not have had any work published.<br /><br />By 1886, there were 153 members. This rose to 240 in 1888, 372 in 1889, 662 in 1891 and 870 in 1892 (Walter Besant, <a href="https://historysoa.com/publications/1893-Besant-The-Society-of-Authors"><em>The Society of Authors: A Record of Its Action from Its Foundation</em></a>, 1893). By 1912, there were over 2,000 members (<em><a href="https://historysoa.com/publications/1912-Prospectus">Society of Authors Prospectus</a></em>, 1912).<br /><br />This collection currently includes over 200 prominent members of the Society. Identifier An unambiguous reference to the resource within a given context people Person Birth Date of birth (YYYY) 1859 Death Date of death (YYYY) 1941 Sex Sex as assigned at birth M Occupation Occupations drawn from Oxford Dictionary of National Biography or other sources Solicitor Biography Short summary drawn from Oxford Dictionary of National Biography or other sources George Herbert Thring (1859–1941); Secretary to the Society of Authors from 1892, taking over from <a href="https://historysoa.com/people/Sprigge-Samuel-Squire">Samuel Squire Sprigge</a> when it was decided that the Society needed a full-time Secretary. He held the position until 1930. Also solicitor in England to <em>La Société des Gens de Lettres</em>. Became the editor of&nbsp;<a href="https://historysoa.com/publications/The-Author"><em>The Author</em></a>&nbsp;after the death of <a href="https://historysoa.com/Besant-Walter">Walter Besant</a> in 1901. Position(s) Positions within the Society of Authors or committees (the latter specified by the [Committee(s)] field) such as Chairman or Honorary Secretary Secretary (Society of Authors) Image Source A citation for the image. All images are either used under a Creative Commons licence or with permission Thring, George Herbert. <em>Addenda to The Methods of Publishing</em>. London: The Society of Authors, 1898. <a href="https://archive.org/details/methodspublishi00thrigoog" target="_blank" rel="noopener">https://archive.org/details/methodspublishi00thrigoog</a>. Position Start Date The date the person took on the position within the Society of Authors or committee (the latter specified by the [Position] field) such as Chairman or Honorary Secretary 1892 (Secretary) Position End Date The date the person stepped down from the position within the Society of Authors or committee (the latter specified by the [Position] field) such as Chairman or Honorary Secretary 1930 (Secretary) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Thring, George Herbert Subject The topic of the resource Thring, George Herbert (1859–1941) Description An account of the resource George Herbert Thring (1859–1941); Secretary to the Society of Authors. Type The nature or genre of the resource Person Identifier An unambiguous reference to the resource within a given context Thring-George-Herbert editing law publishing The Author https://www.historysoa.com/files/original/1/162/Traill-Henry-Duff.jpeg f081eac7d522b69f01750fe0c1df04b9 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Society of Authors Members Description An account of the resource By the time of the first general meeting on 18 February 1884, the Society of Authors had 14 <a href="https://historysoa.com/items/browse?advanced%5B0%5D%5Belement_id%5D=66&amp;advanced%5B0%5D%5Btype%5D=is+exactly&amp;advanced%5B0%5D%5Bterms%5D=Vice-President&amp;sort_field=Dublin+Core%2CTitle">Vice-Presidents</a> and 68 members. Annual subscription was set at a guinea; life subscription was 10 guineas.<br /><br />Initially, new members could join as Fellows, Members or Associates. Fellow status was abolished; not all Fellows paid for subscription and their position within the Society was thus unclear. Members had to have authored at least one full-length work (whether published or performed). Associates were aspiring writers who may not have had any work published.<br /><br />By 1886, there were 153 members. This rose to 240 in 1888, 372 in 1889, 662 in 1891 and 870 in 1892 (Walter Besant, <a href="https://historysoa.com/publications/1893-Besant-The-Society-of-Authors"><em>The Society of Authors: A Record of Its Action from Its Foundation</em></a>, 1893). By 1912, there were over 2,000 members (<em><a href="https://historysoa.com/publications/1912-Prospectus">Society of Authors Prospectus</a></em>, 1912).<br /><br />This collection currently includes over 200 prominent members of the Society. Identifier An unambiguous reference to the resource within a given context people Person Birth Date of birth (YYYY) 1842 Death Date of death (YYYY) 1900 Sex Sex as assigned at birth M Occupation Occupations drawn from Oxford Dictionary of National Biography or other sources Journalist Biography Short summary drawn from Oxford Dictionary of National Biography or other sources H. D. Traill (1842–1900; <em>Oxford DNB</em>); satirist and journalist. Contributed to newspapers including <em>The Observer</em>, the <em>Pall Mall Gazette</em>, the <em>St James's Gazette</em>, the <em>Saturday Review</em> and the <em>Daily Telegraph</em>. Editor of <em>The Observer</em>, 1889–1891; editor of <em>Literature</em> from 1897 until his death. Also published volumes of satirical verse. Oxford Dictionary of National Biography Entry Static URI for the person's entry in the Oxford Dictionary of National Biography, where available <a referrer="origin-when-cross-origin" href="https://doi.org/10.1093/ref:odnb/27661" target="_blank" rel="noopener">https://doi.org/10.1093/ref:odnb/27661</a> Committee(s) A list of committees the person was a member of Council Image Source A citation for the image. All images are either used under a Creative Commons licence or with permission Portrait of Henry Duff Traill. Albumen Cabinet Card. NPG x13233 <span>© National Portrait Gallery, London. <a href="https://www.npg.org.uk/collections/search/portrait/mw161231/Henry-Duff-Traill" target="_blank" rel="noopener">https://www.npg.org.uk/collections/search/portrait/mw161231/Henry-Duff-Traill</a>.</span> Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Traill, Henry Duff Subject The topic of the resource Traill, Henry Duff (1842–1900) Description An account of the resource H. D. Traill (1842–1900); satirist and journalist. Type The nature or genre of the resource Person Identifier An unambiguous reference to the resource within a given context Traill-Henry-Duff Council criticism editing journalism poetry