This is in some respects the most satisfactory, if a proper price can be obtained. But the transaction should be managed by a competent agent, or with the advice of the Secretary of the Society. II. A Profit-Sharing Agreement (a bad form of agreement). In this case the following rules should be attended to: (1.) Not to sign any agreement in which the cost of production 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 advertisements. Therefore keep control of the advertisements. (3.) Not to allow a special charge for "office expenses," unless the same allowance is made to the author. (4.) Not to give up American, Colonial, or Continental rights. (5.) Not to give up serial or translation rights. (6.) Not to bind yourself for future work to any publisher. As well bind yourself for the future to any one solicitor or doctor! III. The Royalty System. It is above all things necessary to know what the proposed royalty means to both sides. It is now possible for an author to ascertain approximately and very nearly the truth. From time to time the very important figures connected with royalties are published in The Author. Readers can also work out the figures themselves from the "Cost of Production." IV. A Commission Agreement. The main points are: (1.) Be careful to obtain a fair cost of production. (2.) Keep control of the advertisements. (3.) Keep control of the sale price of the book. General. All other forms of agreement are combinations of the four above mentioned. Such combinations are generally disastrous to the author. Never sign any agreement without competent advice from the Secretary of the Society. Stamp all agreements with the Inland Revenue stamp. Avoid agreements by letter if possible. The main points which the Society has always demanded from the outset are: (1.) That both sides shall know what an agreement means. VOL. XII. [PRICE SIXPENCE. (2.) The inspection of those account books which belong to the author. We are advised that this is a right, in the nature of a common law right, which cannot be denied or withheld. WARNINGS TO DRAMATIC AUTHORS. N EVER sign an agreement without submitting it to the Secretary of the Society of Authors or some competent legal authority. 2. It is well to be extremely careful in negotiating for the production of a play with anyone except an established manager. 3. There are three forms of dramatic contract for PLAYS IN THREE OR MORE ACTS: (a.) SALE OUTRIGHT OF THE PERFORMING RIGHT. This is unsatisfactory. An author who enters into such a contract should stipulate in the contract for production of the piece by a certain date and for proper publication of his name on the play-bills. (b.) SALE OF PERFORMING RIGHT OR OF A LICENCE TO PERFORM ON THE BASIS OF PERCENTAGES on gross receipts. Percentages vary between 5 and 15 per cent. An author should obtain a percentage on the sliding scale of gross receipts in preference to the American system. Should obtain a sum in advance of percentages. A fixed date on or before which the play should be performed. (c.) SALE OF PERFORMING RIGHT OR OF A LICENCE TO PERFORM ON THE BASIS OF ROYALTIES (i.e., fixed nightly fees). This method should be always avoided except in cases where the fees are likely to be small or difficult to collect. The other safeguards set out under heading (b.) apply also in this case. 4. PLAYS IN ONE ACT are often sold outright, but it is better to obtain a small nightly fee if possible, and a sum paid in advance of such fees in any event. It is extremely important that the amateur rights of one-act plays should be reserved. 5. Authors should remember that performing rights can be limited, and are usually limited, by town, country, and time. This is most important. 6. Authors should not assign performing rights, but should grant a licence to perform. The legal distinction is of great importance. 7. Authors should remember that performing rights in a play are distinct from literary copyright. A manager holding the performing right or licence to perform cannot print the book of the words. 8. Never forget that AMERICAN RIGHTS may be exceedingly 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 contracts, THOSE AUTHORS DESIROUS OF FURTHER INFORMATION ARE REFERRED TO THE SECRETARY OF THE SOCIETY. HOW TO USE THE SOCIETY. 1. E VERY member has a right to ask for and to receive advice upon his agreements, his choice of a publisher, or any dispute arising in the conduct of his business or the administration of his property. If the advice sought is such as can be given best by a solicitor, the member has a right to an opinion from the Society's T solicitors. If the case is such that Counsel's opinion is desirable, the Committee will obtain for him Counsel's opinion. All this without any cost to the member. 2. Remember that questions connected with copyright and publishers' agreements do not generally fall within the experience of ordinary solicitors. Therefore, do not scruple to use the Society. 3. Send to the Office copies of past agreements and past accounts, with a copy of the book represented. The Secretary will always be glad to have any agreements, new or old, for inspection and note. The information thus obtained may prove invaluable. 4. BEFORE SIGNING ANY AGREEMENT WHATEVER, send the document to the Society for examination. 5. Remember always that in belonging to the Society you are fighting the battles of other writers, even if you are reaping no benefit to yourself, and that you are advancing the best interests of literature in promoting the independence of the writer. 6. The Committee have now arranged for the reception of members' agreements and their preservation in a fireproof safe. The agreements will, of course, be regarded as confidential documents to be read only by the Secretary, who will keep the key of the safe. The Society now offers: -(1) To read and advise upon agreements and to give advice concerning publishers. (2) To stamp agreements in readiness for a possible action upon them. (3) To keep agreements. (4) To enforce payments due according to agreements. 7. No contract should be entered into with a literary agent without the advice of the Secretary of the Society. Members are strongly advised not to accept without careful consideration the contracts submitted to them by literary agents, and are recommended to submit them for interpretation and explanation to the Secretary of the Society. NOTICES. THE Editor of The Author begs to remind members of the Society that, although the paper is sent to them free of charge, the cost of producing it would be a very heavy charge on the resources of the Society if a great many members did not forward to the Secretary the modest 58. 6d. subscription for the year. Communications for The Author should be addressed to the Offices of the Society, 39, Old Queen Street, Storey's Gate, S.W., and should reach the Editor NOT LATER THAN THE 21st OF EACH MONTH. All persons engaged in literary work of any kind, whether members of the Society or not, are invited to communicate to the Editor any points connected with their work which it would be advisable in the general interest to publish. For the Opinions expressed in papers that are signed or initialled the Authors alone are responsible. None of the papers or paragraphs must be taken as expressing the opinion of the Committee unless such is especially stated to be the case. COMMUNICATIONS AND LETTERS ARE INVITED BY THE EDITOR on all subjects connected with literature, but on no other subjects whatever. Every effort will be made to return articles which cannot be accepted. THE SECRETARY OF THE SOCIETY begs to give notice that all remittances are acknowledged by return of post, and he requests members who do not receive an answer to important communications within two days to write to him without delay. All remittances should be crossed Union Bank of London, Chancery Lane, or be sent by registered letter only. Phillpotts, Eden (second donation), amount recovered by Society for infringement of copyright Pollock, Sir Frederick 10 0 Pilley, Mrs. Roe, Mrs. Harcourt.. Rossetti, W. M. S. B. Sanderson, Sir J. B. Sheldon, G. W. Skeat, The Rev. Prof. Spielmann, M. H. Stanton, Miss H. M. E. Toplis, Miss G. T THE offices of the Society have been removed from 4, Portugal Street, to 39, Old Queen Street, Storey's Gate, Westminster. The Committee were forced to take this step owing to the compulsory purchase of the land in Portugal Street. They consider, however, that on the whole the new situation will prove more convenient to the members of the Society. The Committee have to regret the death of another member of the Council, Miss E. A. Ormerod. She was one of the first lady members elected to the Council, and was chosen on account of her distinguished position as a writer on scientific subjects. Miss Eleanor Ormerod. Y the death of Miss Eleanor A. Ormerod, on By July 19th last, Economic Entomology has with lost one of its most competent exponents. Miss Ormerod was, moreover, one of the first lady members of the Council of the Authors' Society, while her eminence as an entomologist was recognised by the conferment of the degree of LL.D. by the University of Edinburgh, of which University the deceased lady was an examiner in Agricultural Entomology. Miss Ormerod's first appearance before the public as one conversant entomology was in connection with the Royal Horticultural Society in 1868; a collection of insects, whose life histories bore upon economic problems, was formed partly under the guidance and largely at the suggestion of Miss Ormerod. The Society recognised the value of her services by awarding to her the Silver Floral medal. Miss Ormerod's first scientific work of importance was her "Manual of Injurious Insects," published in 1881, and since that year a large number of "Guides" and "Annual Reports" have enriched the literature of the subject. We do not in this country suffer from the ravages of locusts, though two serious locust plagues would seem to have occurred in the years 1693 and 1748. But Miss Ormerod detected in 1893 a possible source of future plagues of these undesirable Orthoptera. In fodder imported from abroad she was able to find-and report upon the unwelcome discoveryoccasionally living, though fortunately more often dead, locusts. Miss Ormerod's wide knowledge of her subject was utilised by the Royal Agricultural Society, who appointed her Consulting Entomologist, a post which she held for some years. FRANK E. BEDDARD. S The Work of the Society. INCE the last number of The Author was published the Secretary has had in hand thirteen cases in which he has been forced to interfere between publisher or editor, and author. Of these, four have been satisfactorily terminated, and three have been placed in the hands of the Society's solicitors; the remainder are in the course of negotiation. During the same period the Society has put in hand to carry through the Courts if necessary six cases, five of these being small county court actions. The sixth, however, is an important question for all authors. It refers to the methods of dealing with a book and the title of a book after the author has conveyed his copyright to others. It is to be hoped that the matter will finally come into Court, when the decision will be set out fully in The Author. At the end of the last sittings of the Courts a very interesting case from the author's point of view came up for trial, Aflalo & Cook v. Lawrence & Bullen. The case is especially interesting to the members as the plaintiffs, members of the Society, had the support of the Society throughout. The question involved was not so important on account of the money at stake as on account of the principle involved. The question was how far a publisher of an Encyclopædia under certain circumstances had the right to use contributions of the author's in a different publication, and whether such use under all the circumstances was not an infringement of the plaintiffs' copyright. The plaintiffs were successful. The Committee, however, are unable to put before the Society at the present time a detailed account of the case owing to the fact that the defendants have appealed. When the matter has been finally decided it will be fully reported. The Author will in future be issued from the offices of the Society, 39, Old Queen Street. Ten numbers will be being omitted. The subscription to The Author in future issued every year, the numbers for August and September will be 58. 6d. instead of 68. 6d. It is hoped that the members of the Society will give The Author their strong support, not only financially but by forwarding to the offices of the Society articles on literary subjects that may be of interest to members. A THE WORK OF THE SOCIETY. A RETROSPECT. T the present moment, when all members of the Society of Authors are mourning the loss of its founder, and the Society proceeds to continue its work, no longer assisted by his unselfish courage and noble singleness of purpose, it is a tribute due to his memory once more to place plainly before the whole world of letters the object with which the Society was founded, the work which it has hitherto accomplished, and the means which it is employing to carry into effect the aim of its existence. The purposes which Sir Walter Besant had in view when he inaugurated the first English association for the protection and advancement of the rights of authors do not concern members of the Society alone. They are of equal importance to all connected with literature. The professional position of the, unhappily, still large number of authors who (for selfish or other reasons) continue to remain outside the Society, whilst benefiting by its existence, is as much ameliorated by these exertions as that of the writers who are giving the Society their loyal support. For that reason the attention of all is claimed for the following statement of facts. In September, 1883, Sir Walter Besant and a few other men of literary eminence met to consider what steps could be taken to form a combination of men of letters for the protection of their property. The time seemed ripe for action. A feeling of discontent, arising partly from ignorance of the author's real position, and partly from unbusiness-like dealings, was general. Some remedy for the highly unsatisfactory state of affairs was a crying need. In Sir Walter's own words "The air was full of discontent." The Society of Authors thus started was actually incorporated some months later, on the basis of a limited liability company under a Board of Trade licence. The certificate of incorporation is dated the 30th day of June, 1884. Prior to the inauguration a circular had been issued by the promoters of the Society, stating in general terms the objects for which the Society was to be formed. The circular was issued with the aim of showing that it was the duty of all who were connected with "the literary calling" to support an association which would be the only one in the country for the maintenance and definition of literary property. That reason for asking the support of all is as urgent to-day as at the time when the circular was first issued. It should be here remarked that the term "literary calling" has always been understood by the Society in its widest possible meaning. The Society does not endeavour to assist writers of fiction alone, but labourers in all branches of literature. Theological writers, dramatic writers, scientific writers, historical writers, and musical composers, writers on technical subjects, on subjects of all kinds which it would be too tedious to enumerate here, and especially educational writers, were invited to combine for a common cause. The invitation was justified by the fact that all would benefit by the common united action, for the more united the action the greater the benefit it is possible to confer, both generally and in particular. The acceptance of the presidency of the Society by Lord Tennyson compelled the public from the outset to regard the association from a serious point of view. To relate the early struggles of the Society is not the purpose of the present article. The record of unselfish labours on its behalf undertaken by many men of letters, and especially by Sir Walter Besant, is long. Instances of financial support generously given in addition to valuable time, again especially by Sir Walter Besant, were many. To show in what manner and with what success the Society has exerted itself to carry into effect the purposes of its original programme is the more immediate purpose of this paper. And here it may be convenient first to record what has been done for the consolidation and amendment of the law of domestic copyright, and for the promotion of international copyright-the second and third points mentioned in the original circular. The question of American copyright was one of the first to occupy the attention of the Society. From the moment of its foundation the Society threw all its weight and influence (by no means so great then as now) into obtaining a friendly understanding with American authors and those other Americans who were interested in the passing of an equitable copyright law. New copyright legislation was obtained in America in 1891. As everyone knows, even this new law left much to be desired. The Society is still engaged in efforts to avail itself of every opportunity to obtain a more generous legislation on the part of the United States. To proceed with caution is, however, necessary. A false move might prove fatal. In the direction of consolidation of domestic copyright the Society has been able to act more directly, and with more important results. The Society from the outset took up this question with vigour. The questions before it were such as admitted of no difference of opinion, and no need existed for hesitation. A copyright committee was appointed. Numerous meetings were held. Other bodies interested in copyright were consulted, and finally a new copyright law was drafted under counsel's care. This was a full consolidating and amending bill, dealing with copyright property, literary, dramatic, artistic, and musical. To bring it before Parliament ultimately proved impossible, but it was found useful to have such a bill ready in case any chance of presenting it might occur. .Subsequent events have, it is true, demonstrated this bill to have been cumbersome and inadequate. The action of the Society was, however, at the time sound, and proved beneficial to authors. In 1891, after the passing of the new United States law, the Society found itself in a position to take a further step. Lord Monkswell brought forward a bill that had been drafted by the Society. This bill reached a second reading in the House of Lords, but was not taken further. In 1896 a new copyright law committee was formed. This committee becoming persuaded that the time for obtaining a hearing for a consolidating act had not yet arrived decided to draft a small amending bill. This bill was drafted by counsel, and was, after much expense and labour, agreed upon in its final stage. Of this bill, Lord Monkswell, always indefatigably interested in questions of copyright and ever willing to assist the efforts of the Society, took charge. The bill passed its third reading in the House of Lords on the 23rd of July, 1897. In the autumn of the same year a consolidating bill was brought forward by the Copyright Association. The latter bill and the bill of the Society ran concurrently at the beginning of 1898. Finally, however, the whole question was taken up upon a new basis. A bill was drafted by Lord Thring separating literary from artistic copyright. This |