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great practical difficulty. But in view of the multifarious exigencies which have compelled modifications innumerable, and hampered the efforts of the American (Authors) Copyright League, it is idle to criticise the measure as a final settlement of the difficulty. It is enough, It is enough, for the present, if it makes Anglo-American Copyright ultimately possible.

IV. THE SECURING OF AMERICAN RIGHTS.

Since the above was written, the International Copyright Bill has been brought before the House of Representatives and has been defeated by 126 votes to 98. The conscience of the great Republic therefore remains unawakened, that is to say, five-ninths of the American conscience is unmoved. The other four-ninths may be trusted to keep moving. Perhaps our grandchildren may reap the fruits of their agitation. What is now to be done?

There seems to be but one way for an English author to hold at bay the piratical publishers of the United States: it is to enter intc collaboration with an American writer. By this arrangement a perfect copyright is obtainable; one which will defy the devil-the printer's devil-and all his works.

One American member of the Incorporated Society of Authors has already written to offer an honourable partnership of this kind with British authors who desire to protect their literary property. Enquiries relating to the subject should be addressed to the Secretary of the Society of Authors, 4, Portugal-street, Lincoln's-inn-fields,

W.C.

I

A HARD CASE.

No. I.

T is now some five years ago since a young lady wrote a volume of poems and sent them to a certain advertising society for publication. The so-called managing director told her in reply that, although her work was of indubitable merit, it required to be revised by some one who understood the "rules of Poetical Composition." Such an article he had on hand, and he begged to recommend that she should apply to a person in Fleet Street, posing as the editor of a non-existent journal, for advice. This gentleman expressed himself willing to teach her poetry for the comparatively moderate fee of £4 14s. 6d. As his grammar was not, however, without blemish he

would seem to have been only duly modest. For three months the young lady received instruction in poetry from him, and then again applied to the advertising society to have her verses published. Apparently her tutor had proved of service, for the managing director now agreed to issue her book for For this her, on her advancing the sum of £50. sum he was prepared to produce the MS. in volume form and "to meet all demands for sales up to 3,000 copies." The volume was to be published at 6s., Cr. 8vo., good toned paper, and to be bound in cloth boards, and gilt lettered. The payment was to be made in the following manner: £20 at once; £20 on seeing the last proofs; and the balance within three months.

The only agreement made between author and publisher was the interchange of letters ratifying the above proposition. The lady's friends lent her the money, evidently having no idea of the true commercial value of poetry, and the book went to press.

The phrase, "to meet all demands," will receive full consideration in our next number.

Now it would seem that the publisher's first opinion as to the value of the author's work was nearly a correct one, when he recommended that she should learn verse, but that he rather over-rated the improvement that had been effected by his friend, the instructor in poesy. For there was no sale. But, on the other hand, there were, in addition to the £50, several small items to pay for.

There was advertisement in the publisher's own lists, £2 25. There was the "time of the traveller " in offering the work to the trade, £1 175. There was £2 for warehousing, £2 25. for the privilege of membership of the Literary Association, of which the publisher was managing director. These sums, with others for postage, &c., brought the author's account on the whole transaction into the following position.

(1) She had paid for three months' poetical instruction. (Exactly what she paid is not quite clear-over £10, however.)

(2) She had paid £50 for the production of her work.

(3) She still owed £9 odd to the publisher. (4) There were no sales at all: so that she had received nothing.

Then the publisher began to write in a threatening for this £9.

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He expressed himself as not surprised at the illsuccess of her book (though on previous occasions he had spoken well of her work), and attributed this to the lack of advertisements. He badgered her to advertise through himself to the extent of £5 or £10, assuring her that she would then get good

reviews. But her means would not allow her to take his advice. Then he suggested that she should contribute at the rate of 1s. a line to a column of advertisement that he proposed to insert in the Standard of a good many other books he was bringing out. Here, again, she was obdurate.

Then he sent her a lawyer's letter.

She applied to the Society of Authors, and escaped further payment; but it would have been useless to attempt to extract from the publisher the money he had already received on grossly false representation, for about this period he became a bankrupt.

Of the numerous letters two are appended.

1. The first received by the author from the "Secretary."

Yet he has never got into prison. His victims were generally helpless, and generally sensitive to ridicule, while it always seems an unsatisfactory thing to spend £50 in bringing a criminal action against a person who has robbed you of £50.

It should be observed that this case has nothing to do with the story on pp. 3-5.

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QUESTIONS AND ANSWERS.

1. Is it right for editors to keep a book sent to them for review when they give no notice of the book? It is right because it is impossible for every book that is published to receive a review, and every book is sent for review on the chance of

2. The second received by the author from the getting it. "Editor."

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2. How long should an editor be free to keep a MS. without reply? If the article is one of immediate interest he should return it at once if he cannot find time to consider it. A contributor in such a case should state the urgency of the subject. Under ordinary circumstances no one who knows the labours of an editor or the piles of MSS. into which he must look should grumble at waiting for three or four months.

3. How long should a contributor be expected to wait before payment ?-All the honourably conducted magazines pay on publication, or a few days afterwards. It has, however, been proved to the Society that there are certain journals— happily only a few-who make a point of never paying unless they are compelled by threats of law. It seems incredible that a magazine proprietor or editor should thus make as many enemies as he has contributors. It is unhappily, quite true.

4. What payment should be made for a magazine article? This question is often asked. There is no answer possible, because the practice necessarily differs. A magazine of limited circulation obviously cannot afford to pay its contributors much. Then if payment is made by the page, that too varies; some magazines, such as Blackwood's or Macmillan's, have a page double that of Longmans'. The best advice to be given is this. In the highclass magazines contributors are paid by a regular scale, unless special terms are made. Therefore, the contributor may rely on the usual treatment according to the scale of that journal. In magazines of inferior kind the contributor would do well to ask beforehand what payment will be made if the paper be accepted. Suppose the Editor refuses to name his scale and sends back the MS., that will be better than to have it taken and published, and then not paid for.

I

LEAFLET No. I.

ON SYNDICATING.

T was in the Report issued at the beginning of last year that we first made an announcement concerning our attempt at forming for ourselves a syndicate of our own members. guarded ourselves at that time by a warning which we hoped would be sufficient to prevent the raising of hopes doomed to disappointment. We were wrong. There has been a good deal of disappointment among some of our members who thought that in this way their own work might be disposed of.

It was found at the outset, first, that the newspapers among which we at first proposed to place the works of our members were engaged to the various syndicates in existence for a year, a year and a half, or even longer. It was next found, what had been expected, that no writers have any chance at all of getting their work taken in country and colonial newspapers except those who have already achieved a certain reputation. So that both the time of commencing operations was postponed, and the writers for whom the syndicate was to work were limited in number.

After a great deal of consideration and experimenting, it has been found that the best and fairest way of working is, as regards short tales, to arrange for one batch at a time covering a whole quarter. Each writer of this batch takes, first of all, his market value; that is to say, the price he can command in magazines, or that which other syndicates-trade syndicates—are willing to pay him he sells to our syndicate, not, as in all other syndicates, the story outright, but the right to its appearance once, and only once, in a certain quarter. This done, the work becomes again his own property. Next, when all the writers have been paid, the balance, if any, is equally divided among the writers in proportion to the length of their work. That is to say, for a tale running over three weeks, a writer would receive three times that accorded to one of a single week. About twenty-five per cent. of the whole is required

for agency printing and postage. This may seem a large amount, but the trouble involved is very great, and there is no way of avoiding such charges except by keeping a special clerk for the purpose in the offices of the Society. The services of such a clerk, properly qualified and experienced, would amount to quite as much as the commission of an agent. After a little there must be a further charge for the work of editing, which hitherto has been done for nothing.

Then comes, next, the question-Where to place these stories? At first it was thought that the provincial press would be the best medium. It has, however, been found that, though the provincial press may sometimes be useful, it cannot always be depended upon, and that it may in some cases be best to sell the work to some one proprietor or editor. This has, in fact, been done in the case of the first quarter's collection. One proprietor has bought the right for Great Britain and Ireland. They have also been sold in Americaalso to one man; in Australia and New Zealand to another; and in India to another. The amount to be divided among the writers of this batch will rule far higher than anything they could obtain from ordinary syndicates.

The next quarter's batch is now in course of preparation.

If members think they already possess the kind of name that popular journals desire to place in their columns, they may communicate with the Editor at the Society's office. The Editor's business is very simple: it is merely to provide such a collection of stories as will be vouched for by the names of their writers. He is not, in fact, the judge: he has only to record the judgment of purchasers, and to cater for them. It is not so much the quality of his wares that he has to consider, as their fashion and popularity. Therefore, the Editor must not be blamed if he has to tell a member that he cannot offer to syndicate his work.

There is, however, another branch of syndicating work-that of longer stories. Here, again, though names come first, there may be special reasons why a work by a less known hand might be syndicated with a certain measure of success.

If any member, therefore, would like to try this method, he should send, first of all, his name, his list of previous work, and a complete scenario of the work, showing its length, number of chapters, the story, the place and time, and anything that may recommend it. This scenario should be type-written, which would not cost more than two or three shillings. He can then learn whether he may hope for any success in this way. But, again, let him not blame the Editor should failure follow. He would like to oblige all the members of the Society if he could.

This syndicating is intended, of course, as a first step in the action of authors for themselves and by themselves.

When we consider all the difficulties

in the way: first, the profound distrust of anything to do with publishing that is spread over a despondent world; next, the suspicion and jealousy with which authors too often regard each other; thirdly, their colossal ignorance of all matters connected with their own business; and, fourthly, the danger of awakening extravagant hopes of a millennium to come the day after to-morrow we might be excused if we desisted from the attempt. But when we consider how much the Society has done already, and is now doing, when we remember that we are the pioneers, and when we remember that in such a cause progress must be slow, we are resolved to persevere. All the steps that we have taken, all that we are going to take, are based upon one proposition: that literature belongs to the Poet-the Maker-not to the Trader-not to him who only sells.

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totally unacquainted with this Society, or wholly ignorant of the subject, or maliciously inspired by our enemies. For instance, it has been the constant habit of these gentlemen to represent the Society as inspired by a blind hatred of all publishers, thus attempting to identify themselves and their own frauds with the honourable houses. they find occasion to gird at the Society as talking against "the wicked publisher," implying that we not defending ourselves against dishonest people, but attacking the whole trade.

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It has, however, been reserved for the Contemporary Review, of all magazines in the world, to produce an article on the Society, and its work which is indeed amazing.

One would not take notice of this production but for the fact that it suggests certain questions which should not only be administered to the author, but to all those persons who are contemplating such articles on this subject. If before sitting down to questions, they may possibly save themselves the write, they will kindly read and consider these subsequent affliction of discovering that they have been writing on a subject of which they know nothing.

It is not necessary that we should reply in detail to the article; and, indeed, very much of it is exactly what we have always ourselves advocated. As for the rest-but the questions will themselves indicate the nature of the reply which might be made.

They are these :—

"Have you ever studied the different methods of publishing? If so, when and where? Under whose guidance, and with what advantages?

"What steps have you taken to ascertain the cost of producing books, the money spent on advertising, the trade price of selling, the demand for different kinds of books, the risk in producing books, what and of what kind? In fact, what special knowledge do you possess of the publishing trade?

"What have you learned, before writing this precious article, concerning the various kinds of agreement presented to authors by publishers?

"Do you know, by personal examination and experience, what these agreements represent, namely, can you tell, by reading an agreement, what the publisher offers to the author, and what he reserves for himself?

"Do you know, by experience of your own, the treatment of authors by their publishers? In the case you quote, where you received twelve guineas, have you ascertained what amount was made by the publisher?

"Are you aware that the body of men, whom you take upon yourself to assail, have been engaged

for five years in a most careful and painstaking examination of the whole of the publishing business in every branch?

"Are you aware that this body of men, the Committee of the Society of Authors, in all their publications have made, and are making, but one demand, namely, for just and honourable dealing?

"Are you also aware that they have demanded, and are still demanding, not only equitable agreements, but the keeping of those agreements to the letter?

"Have you read their reports and their circu

lars?"

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If you cannot answer these questions, we would submit another. What right have you to be heard on the questions at all?" We would also ask you to select those adjectives in the English language which apply to one who ventures to talk in public on a subject concerning which he is profoundly ignorant.

If you can answer these questions; if you have really made a study of a very difficult and obscure subject, kept purposely in obscurity by interested persons; if you have really read the reports and papers of the Society, and have duly considered and meditated on them, you have, perhaps, a right to speak.

Supposing this to be the case, let us ask the writer what he means by the following:

"The bargain between author and publisher is one perfectly well understood."

Is it? Then, we will ask him another question. It is this.

"Will you, who so perfectly well understand the bargain between author and publisher, kindly explain the following agreement?" A. B. publishes covenants with C. D. the author, as follows:He is to have the sole copyright of a MS. on the following conditions. He is to publish it at his sole risk and expense: he is to sell it at 6s. each copy after 500 copies are sold he is to give the author a royalty of 15 per cent. on the trade price, not the published price. He is to decide if any cheaper editions are to be issued: he is to have the power of selling off remainder of stock : he is, in fact, to have the complete control of the book.

The book is printed in small pica, crown 8vo, and contains 21 sheets. The question for you who understand so clearly the bargain between author and publisher is this. When 3,000 copies of the book have been sold, allowing £30 for advertising, what profit the author has made and what the publisher? We will answer this question for you in our next number.

Again, the author of this paper says, "The royalty system is so obviously fair that there is no need to say much about it."

Quite so. Then we will put to him the following questions. "Will you kindly explain what you mean by the royalty system? What, if you please, is the royalty system? What percentage should be given on an equitable royalty? And why? What does that leave the publisher? You had, probably, something in your mind when you wrote the passage. What, we repeat, is the royalty system ? Is it ten, twenty, thirty, forty per cent.? And, in any case, why do you fix upon that proportion, and what does it leave for the publisher ?"

Again, seeing that if our Society is strong on any point at all, it is upon the point of equitable agreements, seeing that from the outset it has never ceased to argue in favour of such agreements, and seeing that it has always insisted on such agreements being carried out honestly and to the letter, what does the writer of the paper mean by the following solemn peroration?

"Are our contracts to be binding upon us only so long as we find it profitable to ourselves to keep them?

“Are our moral instincts getting feebler? Are we losing our sense of honour?

"Is our respect for the sacredness of plighted troth on the wane?

"If they who ought to be the trainers of the national constitution are helping to improve it, and helping others to believe that literary workers are only workers for hire and determined on getting it, even at the price of broken faith and broken pledges, then there can be but a gloomy outlook for us allthe days of shame are at hand!"

Really! This is indeed terrible. But this critic now has our questions before him and will perhaps answer them.

Let us remind him, lastly, of certain lines, written a hundred and fifty years ago, and still, unhappily, applicable.

Look thro' the world, in every other trade,
The same employment's cause of kindness made;
At least, appearance of goodwill creates,
And every fool puffs off the fool he hates.
Cobblers with cobblers smoke away the night,
And in the common cause ev'n players unite.
Authors alone, with more than savage rage,
Unnatural war with brother authors wage.

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