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II. PROVISIONAL COPYRIGHT REGISTRATION. The idea contained in this letter is due to the suggestion of Mr. George Haven Putnam, mentioned in the article "The Working of the Copyright Law," on p. 6 of the Author of June, 1894. Mr. Putnam's suggestion is to the effect that the title of a work may be registered, and copyright in it be thereby acquired for a period of six months from the date of registration; and that, if by or before the expiration of that period, the work be completed, copyright for it shall date from the day on which the title was registered.

This is an excellent suggestion, and one with which I entirely agree. It is the equivalent in the literary sphere to provisional protection for an invention or discovery under the patent law. In that, by filing a provisional specification describing the invention in general terms, and then, within a limited time thereafter, filing a complete specification describing it in detail, the patent is obtained from the date of the provisional specification.

My proposal is to draw this parallel still closer, and to extend this proposed provisional protection to something more than the title. However useful and valuable a title may be, it is useless without the work, and one may protect the former by the simple process of not communicating it to any one. My proposal deals with a more practical question of publishing, where, besides the title, the style and arrangement of the work is fixed upon; where, by the nature of the case, one is bound to disclose them; and where, therefore, one cannot protect them by the simple process of silence.

In the case of the proposed publication of some periodical which, though printed matter, cannot truly be classed as literature, a work in which composition does not enter into the question-as, for instance, a time-table or other work of reference, in which the arrangement is the most important point, more important even than the title. In such a case, where the outlay of capital has to be considered, it may be desired to ascertain, before going to much expense, what prospect there is of the venture's meeting with success; and, therefore, it may be necessary to issue, considerably in advance of the first serial number of the proposed publication, a specimen number thereof, with a view to ascertaining what support can be obtained for it.

The arrangement and design of such a work cannot be protected under the Patents, Designs, and Trade Marks Act, and, though one might register it under the existing Copyright Law, one would have secured copyright only for the specimen number, and not either for the title or

arrangement of the actual publication at all. That comes because, under the existing law, registration at the Copyright Office affords no protection until the actual work is published. In such a case as this, the contents of the specimen would be bound to be old or fictitious, as it would be impossible to insert the matter that number one of the proposed publication would contain, for the simple reason that it would not be ascertainable so long in advance, besides which there is no copyright in it.

This, then, is what might happen under the existing law, that, as copyrighting the specimen afforded no protection to the actual work, anyone else (perhaps more favourably placed) having seen the specimen, might arrange to issue No. I of such a publication before the date announced by the person issuing the former; and there would be nothing whatever to prevent his adopting the title and arrangement, and securing copyright for them both to the exclusion of the person with whom they originated.

What I propose is, that there should be provisional protection for such a specimen number, securing copyright in the title and arrangement for a period of, say six or twelve months from the date of registration; and that, if No. 1 of the actual publication be not issued before or by the expiration of that time anyone else should be at liberty to make use of either or both of the ideas, but no one be able to obtain copyright in either of them. It would not be necessary, as with provisionally protected inventions, to demand a second fee, as no second description would be filed.

It is suggested in Lord Monkswell's Bill that the Copyright Registration Office might be combined with the Registry of Designs and Trade Marks; as designs and trade marks are under the same administration as patents for inventions, perhaps they may all, eventually, come under the same control, and, as each deals but with a different way of expressing ideas, there is nothing unreasonable in this.

It is stated at the end of the article above referred to that provisional protection of a title is provided for in this Bill. I have read it through carefully, and, having failed to find any reference to it, shall be glad to be informed which clause covers that point. This seems to me to be the the only omission from an otherwise perfect Bill. HUBERT HAES.

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I.

DRA

WARNINGS AND ADVICE.

RAWING THE AGREEMENT.-It is not generally understood that the author, as the vendor, has the absolute right of drafting the agreement upon whatever terms the transaction is to be carried out. Authors are strongly advised to exercise that right. In every form of business, this among others, the right of drawing the agreement rests with him who sells, leases, or has the control of the property.

2. SERIAL RIGHTS.-In selling Serial Rights remember that you may be selling the Serial Right for all time; that is, the Right to continue the production in papers. . If you object to this, insert a clause to that effect.

3. STAMP YOUR AGREEMENTS. - Readers are most URGENTLY warned not to neglect stamping their agreements immediately after signature. If this precaution is neglected for two weeks, a fine of £10 must be paid before the agreement can be used as a legal document. In almost every case brought to the secretary the agreement, or the letter which serves for one, is forwarded without the stamp. The author may be assured that the other party to the agreement seldom neglects this simple precaution. The Society, to save trouble, undertakes to get all the agreements of members stamped for them at no expense to themselves except the cost of the stamp.

4. ASCERTAIN WHAT A PROPOSED AGREEMENT GIVES TO BOTH SIDES BEFORE SIGNING IT.-Remember that an arrangement as to a joint venture in any other kind of business whatever would be instantly refused should either party VOL. VI.

[PRICE SIXPENCE.

refuse to show the books or to let it be known what share he reserved for himself.

5. LITERARY AGENTS.-Be very careful. You cannot be too careful as to the person whom you appoint as your agent. Remember that you place your property almost unreservedly in his hands. Your only safety is in consulting the Society, or some friend who has had personal experience of the agent. Do not trust advertisements alone.

6. COST OF PRODUCTION.--Never sign any agreement of which the alleged cost of production forms an integral part, until you have proved the figures.

7. CHOICE OF PUBLISHERS.-Never enter into any correspondence with publishers, especially with those who advertise for MSS., who are not recommended by experienced friends or by this Society.

8. FUTURE WORK.-Never, on any account whatever, bind yourself down for future work to anyone.

9. PERSONAL RISK.-Never accept any pecuniary risk or responsibility whatever without advice.

10. REJECTED MSS.-Never, when a MS. has been refused by respectable houses, pay others, whatever promises they may put forward, for the production of the work.

II. AMERICAN RIGHTS.-Never sign away American rights. Keep them by special clause. Refuse to sign any agreement containing a clause which reserves them for the publisher, unless for a substantial consideration.

12. CESSION OF COPYRIGHT.-Never sign any parer, either agreement or receipt, which gives away copyright, without advice.

13. ADVERTISEMENTS. -- Keep some control over the advertisements, if they affect your returns, by a clause in the agreement.

14. NEVER forget that publishing is a business, like any other business, totally unconnected with philanthropy, charity, or pure love of literature. You have to do with business men. Be yourself a business man.

I.

Society's Offices :

4, PORTUGAL STREET, LINCOLN'S INN FIELDS.

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HOW TO USE THE SOCIETY.

VERY member has a right to ask for and to receive advice upon his agreements, his choice of a pub. lisher, or any dispute arising in the conduct of his business or the administration of his property. If the advice sought is such as can be given best by a solicitor, the member has a right to an opinion from the Society's solicitors. If the case is such that Counsel's opinion is desirable, the Committee will obtain for him Counsel's opinion. All this without any cost to the member.

2. Remember that questions connected with copyright and publisher's agreements do not generally fall within the Y 2

experience of ordinary solicitors. Therefore, do not scruple to use the Society first-our solicitors are continually engaged upon such questions for us.

3. Send to the office copies of past agreements and past accounts with the loan of the books represented. This is in order to ascertain what has been the nature of your agreements, and the results to author and publisher respectively so far. 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. If the examination of your previous business transactions by the Secretary proves unfavourable, you should take advice as to a change of publishers.

5. Before signing any agreement whatever, send the proposed document to the Society for examination.

6. The Society is acquainted with the methods, and-in the case of fraudulent houses-the tricks of every publishing firm in the country.

7. 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.

8. Send to the Editor of the Author notes of everything important to literature that you may hear or meet with.

9. 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 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.

M'

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THE AUTHORS' SYNDICATE.

EMBERS are informed:

1. That the Authors' Syndicate takes charge of the business of members of the Society. That it submits MSS. to publishers and editors, concludes agreements, examines, passes, and collects accounts, and, generally, relieves members of the trouble of managing business details.

2. That the terms upon which its services can be secured will be forwarded upon detailed application.

3. That the Authors' Syndicate works only for those members of the Society whose work possesses a market value.

4. That the Syndicate can only undertake any negotiations whatever on the distinct understanding that those negotiations are placed exclusively in its hands, and that all communications relating thereto are referred to it.

5. That clients can only be seen by the Director by appointment, and that, when possible, at least two days' notice should be given.

6. That every attempt is made to deal with all communications promptly. That stamps should, in all cases, be sent to defray postage.

7. That the Authors' Syndicate does not invite MSS. without previous correspondence; does not hold itself responsible for MSS. forwarded without notice; and that in all cases MSS. must be accompanied by stamps to defray postage.

8. That the Syndicate undertakes arrangements for lectures by some of the leading members of the Society; that it has a "Transfer Department" for the sale and

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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 6s. 6d. subscription for the year.

The Editor is always glad to receive short papers and communications on all subjects connected with literature from members and others. Nothing can do more good to the Society than to make the Author complete, attractive, and interesting. Will those who are willing to aid in this work send their names and the special subjects on which they are willing to write?

Communications for the Author 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.

Members and others who wish their MSS. read are requested not to send them to the Office without previously communicating with the Secretary. The utmost practicable despatch is aimed at, and MSS. are read in the order in which they are received. It must also be distinctly understood that the Society does not, under any circumstances, undertake the publication of MSS.

The Authors' Club is now open in its new premises, at 3, Whitehall-court, Charing Cross. Address the Secretary for information, rules of admission, &c.

Will members take the trouble to ascertain whether they have paid their subscriptions for the year? If they will do this, and remit the amount, if still unpaid, or a banker's order, it will greatly assist the Secretary, and save him the trouble of sending out a reminder.

Members are most earnestly entreated to attend to the warning numbered (8). It is a most foolish and may be a most disastrous thing to enter into an agreement binding for a term of years. Let them ask themselves if they would give a solicitor the collection of their rents for five years to come, whatever his conduct, whether he was honest or dishonest? Of course they would not. Why then hesitate for a moment when they are asked to sign themselves into literary bondage for three or five years?

Those who possess the "Cost of Production" are requested to note that the cost of binding has advanced 15 per cent. This means, for those who do not like the trouble of " doing sums," the addition of three shillings in the pound on this head. In other words, if the cost of binding is set down in our book at eight pounds, to this must now be added twenty-four shillings more, so that it now stands at £9 48. The figures in our book are as near the exact truth as can be procured; but a printer's, or a binder's, bill is so elastic a thing that nothing more exact can be arrived at.

Some remarks have been made upon the amount charged in the "Cost of Production" for advertising. Of course, we have not included any sums which may be charged for

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HE Committee beg to remind members that the Sub

Tscription for the year is due on January the First.

The most convenient form of payment is by order on a Bark. This method saves the trouble of remembering. The Secretary will in future send reminders to members who are in arrear in February.

The Author will not be sent to members in arrear after the month of March.

At the end of the year the three retiring members of the committee, Sir W. Martin Conway, Mr. Arthur àBeckett, and the Hon. John Collier submitted their names for reelection and were duly re-elected members of the committee. At the meeting of Jan. 27th the committee proceeded tɔ elect a chairman in the room of Sir W. Martin Conway, whose year of office expired on Dec. 31st, 1895. Mr. H. RiderHaggard was unanimously elected chairman.

DIG

G. H. THRING, Secretary.

THE ADDRESS TO AMERICAN AUTHORS.

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HIS address was published in the January number of the Author. It appeared in a great many papers, both of this country and the United States, on the morning of Dec. 25. It was sent out for signature to a list of English men and women of letters, not necessarily members of the Society.

At a meeting of the Executive Committee, held on Jan. 10, 1896, the following resolution was passed :

"The Committee of Management of the Society of Authors, having investigated the circumstances under which the address to American authors and its covering letter were issued from the Society's offices, have unanimously found that the address expressly purports to proceed from its signatories alone; that it was neither printed nor circulated at the expense of the Society's funds; and that the use of the Society's letter-paper in soliciting signatures was unauthorised by them. The Committee, while entertaining all friendly feelings possible towards their American brethren, are of opinion that action on international questions does not fall within the scope of their corporate powers."

This resolution dissociated the Address from

the Society. That is to say, it was within the powers of the Committee, had they chosen, to adopt the Chairman's action, and to make it their own. Since they did not do so, the address was sent out by Sir Martin Conway.

After this resolution was sent round there appeared several letters in the papers. To these letters Sir Martin Conway replied by a letter to the Times on the 21st. The following is that part of his letter which refers to the address:

"I was asked on Saturday, Dec. 21, whether I would permit the use of the Authors' Society organisation for the purpose of procuring signatures to a friendly address to American authors. I replied affirmatively, with the reservation that the address must not be sent out as from the Society, nor at the Society's expense. A draft address was sent to me that night. I returned it the same night, saying that it was too long and went into too many details. I added that all we wanted was something brief and friendly. Here ends my knowledge."

The statement in the Author that the address had been sent out by the Society was passed by inadvertence.

The introductory paragraph which appeared in some papers was not a part of the address. There was no such paragraph when it was given to the secretary.

The number of authors who responded to the invitation and signed the address is 500.

LITERARY PROPERTY.

W. B.

I. MR. HALL CAINE'S REPORT ON CANADA AND THE COPYRIGHT QUESTION.

After his mission as delegate of the SoCIETY OF AUTHORS to the Dominion Government.

Delivered at the rooms of the Royal Medical Society, 20, Hanover-square, Monday, Jan. 27, at 4.30 p.m.

A

COPYRIGHT AN IMPERIAL QUESTION. Ta moment when the air is full of wars and rumours of wars, it may appear untimely and almost presumptuous that English authors should intrude upon each other and upon the public a subject so limited in its class interest as the Canadian copyright question. But, in truth, this subject which concerns ourselves so closely is very heavily charged with Imperial issues. There is nothing in the Venezuela trouble, and certainly nothing in the trouble in the Transvaal, which is more liable to breed serious international

and colonial dispute. Let me explain. The Canadian Constitution took shape in the British North America Act of 1867. By that Act Canada

secured legislative independence, subject to a veto to be exercised by the Imperial Government. During these thirty years the Imperial veto has been practically a nullity. Like the veto of the British Sovereign over British legislation, it is never exercised. Competent judges are heard to say that let Canada do what she will the colonial office will not interpose. Canadian statesmen appear to have regarded the Imperial veto as a thing not to be reckoned with. They think of it in that light in this instance, and demand legislative freedom. If the veto were exercised it is probable that they would ask for the reconstruction of the Act of 1867. If the Imperial sanction of their demands were merely withheld they might (after the proper lapse of tin:e) call upon their Governor-General to promulgate the legislation of Canada. The Governor-General would then be compelled either to obey his constitutional advisers, the Premier and Cabinet of Canada, or to go home. There is no instance on record, so far as I know, in which the Imperial Government has advised the Governor-General to resist the will of the Canadian ministry. The Imperial veto would be like the Crown veto, a force constitutionally divested of its power. But what would be the result? We should begin to ask ourselves whether a dependency which never brings us any revenue, which involves us in military and naval responsibilities, gives us no commercial advantages, and disregards our will on Imperial questions, is a dependency worth having.

Such is Canada's power, and such the power of this copyright question over our Colonial relations, but its power over our foreign relations is no less serious. In 1891 America passed a Copyright Act, giving copyright to the subjects of all nations which gave reciprocal advantages to Americans. The President asked our Foreign Secretary if the British Empire granted such reciprocal advantages, and our Secretary replied that it did. Thereupon the President made a proclamation. that there was copyright in the United States for all subjects of the British Crown. But if Canada were to enact a copyright law which Americans, rightly or wrongly, thought injurious to American interests, is it not likely, is it not certain, that they would demand the taking down of that proclamation? I know it is said that it is to the interests of America to preserve her copyright arrangement with Great Britain. It is to the interest of her good and true men to preserve that copyright arrangement; but no traveller in America can fail to see that besides the legitimate publishing trade in copyright books there is a vast and most active illegitimate trade in noncopyright books. The American Copyright Act. was wrested after the most zealous effort, and

by the narrowest majority, out of the American sense of fair-play, against the machinations of a powerful class of unfair traders. That class has not grown less since 1891. It consists of a multitude of printers who would eagerly clutch at any hopeful chance of tearing down the President's proclamation at any cost to honest trade. And if it were torn down, if we lost American copyright, as a result of Canadian legislation, the quarrel would be England's quarrel first and only Canada's quarrel afterwards.

This much by way of explaining why we who are authors have asked public opinion to help us to escape from a legislative deadlock. Every stitch we make now will save nine later on. If we can settle this dispute with Canada on terms which are anything like satisfactory-satisfactory to ourselves, to the signatories to the Berne Convention, and to America-we may fairly claim the sympathy of the English people in removing a probable and even imminent danger of colonial or international quarrel.

THE CASE FOR ENGLISH AUTHORS.

You will see that I regard Canadian copyright as an Imperial question in its ultimate issues, but in its immediate bearings it is of course a domestic and even a trade question. Our chief objections to the Canadian Act of 1889 were, first, that it was opposed to the principle of copyright by allowing that the publication of a book might be outside its author's control; next, that it required the multiplication of places of manufacture and so limited literary activity; next, that it fostered a scheme of license which seemed to us to be little better than legalised piracy, and paved the way for the ruin of the trade of bookselling; and, finally, that it offered temptations to dishonest traders from all parts of the world to make Canada the ground for invading the copyright territories of other countries. Such was our case against Canada, and you know what we did to support it. With the co-operation of the Copyright Association and the London Chamber of Commerce we petitioned the Colonial Office to exercise its Imperial veto. The results were what we, as students of history, should, perhaps, have foreseen. Our Colonial Office tried to make peace between Canada and ourselves. It sent for a representative of the Canadian Government, and he came to London last summer. It sent for Mr. Daldy as the representative of English publishers, and when the Society of Authors authorised me to act for it, the Colonial Office also sent for your representative. After hearing the case for every party, it proceeded to frame a number of modifications of the Canadian Act of 1889. It was a

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