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charmed me, and whose portrait hangs near me remedy without the help of the Act, as was decided each day as I work—but very much the reverse. by the House of Lords in 1887, in Professor Caird's
Miss Broughton would probably join her con- case in Scotland (Caird v. Sime, 12 App. Ca. 326). tempt to mine for the host of imitators of her It is a question of fact whether the delivery of a style, whose work is a weak reflection of her lecture implies authority to the hearers to republish manner without any of her genius or her strength- it. Whatever may have been the opinion of the the "school” to designate which her name is com
framers of the Act of William IV (which expressly monly employed—and entirely agree with me that preserves the general law, only giving the benefit of if, as an inexperienced writer, I felt myself drifting special new sanctions to lecturers who fulfil the toward this justly despised group, it was well for formalities of notice to two justices), no such me—and perhaps for others—that I should re- authority is presumed, as a matter of law, from the solutely set myself to work out a style of my own mere fact of a lecture being delivered to a more or rather than become even a successful imitator of less numerous audience. If there be any presumpanother.
tion it seems to be the other way. In truth the It seems to me that cheap sneers at this kind of right to restrain the publication of an orally effort are a little unworthy of a great literary delivered lecture is not copyright at all. It is Review.
distinct from and antecedent to copyright, like the I am, Sir,
right to restrain publication of one's private letters. Your obedient servant,
As that right is unaffected by the original letter JOHN STRANGE WINTER. having become the property (for all purposes short
of publication) of the person to whom it was sent, so the lecturer's right is unaffected by his lecture
having been orally delivered to a particular audience NOTES.
or any number of audiences. The commentator goes on to say that "a lecturer is powerless to protect
himself against unauthorized re-delivery." I am not I. COPYRIGHT.
aware of any authority for this statement as regards
an unpublished lecture, and am not at all disposed NDER this head, and that of “The First to agree with it. As for the exception of university
Principles of Literary Property," in the and certain other public lectures and discourses in
first number of The Author, I find one the Act of William IV, it has, by its express terms, or two statements which, if not in terms erroneous, only the effect of leaving them in the same conare capable of misleading or unduly alarming dition as if the Act had not passed. Caird v. Sime readers who do not know any law.
shows that at least some university lectures are “Literary property,” it is said, “is subject to the efficiently protected by the general law. laws which protect all other property.” That it is a person acting on the commentator's opinion that recognized and protected by law as something of sermons “seem to be clearly public property value is quite true; and probably this is all that ald be more likely to make practical acquaintance the writer meant. But "the laws which protect with the nature and operation of an injunction than property” differ greatly according to the kind of to make his fortune by unlicensed reprints of pulpit property. Land is not protected in exactly the eloquence. When the writer adds that "there is same way as goods, and a trade mark and a copy- seldom any very great demand for sermons, university right are again protected by means different from or college lectures,” he is so far right that in these, those in use for tangible property, and differing in as in other kinds of literary production, the sucdetails from one another. Let not the unwary cessful and popular authors are a minority. Still, reader therefore imagine that he or she can have a both sermons and lectures are known to become literary pirate dealt with as a thief. Copyright is fairly successful books. It is the fact that the greater not, in the legal sense, a thing capable of being part of Sir Henry Maine's works (for example) was stolen.
first delivered in the form of lectures. An unconIt is asked, “Does anybody take the trouble to trolled right to print the matter which afterwards secure his copyright in a public lecture?” (meaning, became “Village Communities” from notes taken by the process of giving notice to two Justices of in Maine's lecture room at Oxford would have been the Peace as provided by the Act 5 and 6 Wm. IV, a right of no small value. And the fact that no C. 65). The answer is, probably not. But there attempt was ever made to exercise such a supposed is an excellent reason for not doing it which the right is some evidence that no one at the time author of "Notes on Copyright" seems to have imagined it to exist. overlooked. The common law gives a sufficient I have made these remarks only for the purpose
of preventing misapprehension as to the existing writing, and for my changing my mind at the last law. But I wish to add that I am wholly adverse moment. But I do not like to see corrections to the proposal of creating a new kind of performing treated as mere “fat." right in the recitation of verses or prose already
F. Max MÜLLER. printed and published, and therefore already enjoying the protection of ordinary literary copyright. Where is this kind of thing to stop ? Why
III. AMERICAN RIGHTS. should not Sydney Smith have had an exclusive “performing right” in his jokes and anecdotes?
Before the collaboration of an American citizen The author of “recitations” who wants to keep them
can procure copyright, the following conditions
must be borne in mind. to himself has only not to publish the text, a precaution quite consistent with privately printing any
1. The American collaborator must not receive number of copies that may be convenient. He can
a lump sum for his share of the work, but must then make his own terms with anyone who desires
receive a portion of the royalty, i.e., he must have
a continuous interest in the sale of the work. to use it. FREDERICK POLLOCK.
2. He must be a bonâ fide collaborator. Some people suppose that it is sufficient for an American citizen to write a paragraph, or even a sentence only, put his name on the title page with that of
the author, and that the copyright is secured. It II. CHARGES FOR CORRECTIONS.
is not so. In case of such a book being “pirated," I suppose all authors have their grievances against he might be called to swear what he wrote before publishers. I have had mine. Yet, taking all in
a judge, who would order the “pirate” to take out all, I must say that I have been well treated by my
of the book the paragraph or sentence, or whatever English publisher. My advice to young authors
the American wrote, and then advise the “pirate”
to help himself to the rest. The collaborator must is-find a respectable publisher and stick to him, But I have had a long-standing grievance against quite as much as the European one, that there is
be able to swear that he is the author of the book printers, and I wonder whether The Author can help me. Is there no means of checking the
not in the book a single sentence he did not charges for corrections ?
approve of and sign, whether he actually wrote it
or not. I know that in good printing offices there is a man specially appointed to check off charges for
3. The European author must have a contract
with his American collaborator, in which the above corrections. But, in spite of that, there must be something wrong in the system. The estimate
conditions are set down; and a copy of it must be one receives from a printer seems at first sight in the hands of the American publisher
. very reasonable. But when the bill comes, there
I think that all the good American publishers are always high charges for corrections, for extra
would tell you that I am right. small type, for foreign matter, for reading and
At any rate, these are the conditions on which I putting to press, &c., so that one has often to pay
have published my "Jonathan and his Continent" twice as much as the original estimate.
in America; and the “pirates," knowing it, have Much seems to me to depend on the judgment
not touched it—to the comfort of and the good-will of the compositor in making
PAUL BLOUËT. corrections. If a few words are put in by the author, surely, with a little management, they
IV. THE RAISING OF THE DEAD. could be squeezed in; some other words might be left out, or two paragraphs might be run into I have received the first number of The
But if, instead of that, ten or twenty pages Author, and, on looking through it, it has are disturbed, of course the bill is very much occurred to me that our members might possibly swelled. One line too much on any one page is be interested in the following personal experiences looked upon as high treason in every printing office. bearing on the question as to whether a book that But surely it would matter less than twenty shillings has practically fallen dead can by any possibility for re-making twenty pages.
be revived. I know quite well what compositors will say. The work to which I refer was, on its first Copy your MS., or have it copied and carefully appearance, absolutely ignored by the London revised, and then the charges for corrections will literary organs of opinion, and the sales in conbe next to nothing. My answer is, I am willing sequence fell, after the advertisements had ceased to to pay what is reasonable for my own careless appear, to about ten copies a year. This continued
for three years, during which time I left no stone un- although these no doubt were exceptionally strong; turned in my efforts to bring the book into notice. but rather to their being massed together so as to I sent copies to the number of thirty or more to such catch the eye in large and glaring advertisements. of our most eminent thinkers and writers as 1 deemed At rate it was on this theory that I acted at the most likely to give it a favourable reception ; at the time, and the event, it must be admitted, fully same time sending second copies to the editors of justified my anticipation. Now, that a work of a the most important literary journals, soliciting a serious character, on a wide and all-important second inspection, and explaining in justification subject of human interest, and professing at least that the work had not been run off at the point of to add another story to the hitherto existing superthe pen, but had occupied ten years in preparation, structures of thought on the same subject ; that a and four in actual construction and writing. But book of this kind, I say, should have to save itself the eminent writers, as was only to be expected in from extinction by methods suitable rather to the the case of a work sent to them in formâ pauperis, sale and success of some “ Pears' Soap” or “Holreplied by courteous acknowledgments merely; loway's Pill,” must give rise to considerations on while my efforts to get a second hearing from the the curious conditions of literary success at the editors completely failed—with the exception of the present time well worthy the attention of all thinking editor of The Spectator, who, with his usual fair- minds. mindedness, and a generosity which I shall not
J. B. C. soon forget, at once gave me a long and complimentary review, expressing at the same time his surprise that the work had been allowed to fall
LITERARY PUZZLES. through. But it was too long after publication to be of any service; the sales fell lower and lower; HE Ballad of Bold Turpin is to be found in and it seemed as if the book would now slip
a volume called “Gaieties and Gravities,” quietly into oblivion.
written by one of the authors of “Rejected Meantime one or two of the well-known writers, Addresses." The “one,” I believe, was Horace to whom I had sent private copies, had evidently Smith. It was published in 1825, when Dickens glanced into the work, and had become sufficiently was a boy of fourteen, by Henry Colburn, of interested in it to express the opinion that some- New Burlington Street. It occurs in a sketch thing further ought to be done to try and revive it. called “Harry Halter the Highwayman," in which After some consideration, and with the consent of two other efforts in verse also occur- —the volumes, the publishers, I determined on my plan of campaign, indeed, are crammed with verses, sprightly and which was this: to bring out the unsold copies as jolly, and full of mad rhymes. The song, for a new edition ; to reduce the price from 145. 10 55. ; instance, called " Bachelor's Fare” follows that of to write a fresh preface; and, most important of all, “Bold Turpin.” to concentrate and mass together in large advertisements the best extracts I could select from the Funny and free are a Bachelor's revelries, various scattered notices which in the interim I
Cheerily, merrily passes his life; had succeeded in extorting from more or less un
Nothing knows he of connubial devilries, willing editors !
Troublesome children and clamourous wife, The effect of this new move was immediate and
Free from satiety, care, and anxiety, decisive. The whole unsold edition of some 700
Charms in variety fall to his share, or 800 copies went off at the rate of forty or filty a
Bacchus's blisses and Venus's kisses, month until it was exhausted ; the demand increas- This, boys, this is the Bachelor's Fare. ing rather than diminishing at the time when the
A wife like a canister, chattering, clattering, last copies were sold out.
Tied to a dog for his torment and dread, The above recital, in view of the common
All bespattering, bumping and battering, tradition that a book, once practically fallen dead,
Hurries and worries him till he is dead. cannot again be revived, seems to me to have some
Old ones are two devils haunted with blue devils, interest for young authors struggling against adverse
Young ones are new devils raising despair ; fate; and it may perhaps be worth while to ask
Doctors and nurses combining their curses, here to which of the above circumstances the
Adieu to full purses and Bachelor's Fare. resuscitation of the work was principally due. My own feeling is that it was due not to the reduction Through such folly days, once sweet holidays, of price, for purchasers of that class of work are Soon are embittered by wrangling and strife not much affected by its price, in the first instance Wives turn jolly days to melancholy days, at least; nor yet to the press notices taken singly, All perplexing and vexing one's life.
Children are riotous, maid-servants fly at us, had printed a mathematical work which I brought
Mammy to quiet us growls like a bear; to a well-known firm for publication in England in Polly is squalling and Molly is bawling,
conjunction with my Irish publishers. I paid the While dad is recalling his Bachelor's Fare. former £10 for advertising, but all that I ever saw
were two or three in the Saturday Review. As a When they are older grown, then they are bolder result I find they have practically sold no copies grown,
in England, and all that they have sold are about Turning your temper and spurning your rule,
30 copies in America, from which I infer that adGirls through foolishness, passion or mulishness,
vertisement money has been spent there. ConseParry your wishes and marry a fool.
quently nearly all sales of my book were in Ireland, Boys will anticipate, lavish and dissipate,
and these have all been effected without any adAll that your busy pate hoarded with care ; Then tell me what jollity, fun or frivolity,
vertisement expenses. At the time of the publi
cation of my book, the author of a book on the Equals in quality Bachelor's Fare?
same subject as my own was under an apprehension that the sale of the latter might interfere with that of his, and I have reason to believe exerted
pressure on his publishers the same as those of my QUESTIONS, CASES, AND book, not to push or in any way promote the sale ANSWERS.
of the latter. All that they have done is to sell it
in America, which is but a poor return, as, besides Now that authors have a medium to voice their the difficulty of getting it off there, I am only woes and, let us hope, their victories, we may look allowed barely 50 per cent. of the published price. forward to many questions of interest being thrashed
A. B. out. And, in order to set the ball rolling ever so little a distance, may I crave space to point out how-as it seems to me--authors can combine The following case is submitted with the conand gather strength even in their hours of ease? viction that it is not by any means an isolated one.
In short, what is wanted is an “Authors' A gentleman proposes to the Editor of a Magazine Club." There are many clubs in existence which to write a short article on a new book, and the are partly intended for literary men and largely proposal is immediately accepted in writing. The patronised by them; but in every instance where article is sent in, and at the request of the conthe club is accessible to the mass, other interests tributor (who is leaving England for some months) have been introduced to the prejudice of literature the Editor shortly afterwards forwards him a proof and the literary profession. In one case, it may of the article and a cheque at the current rate of be the egotistic actor ; in another, the æsthetic or remuneration. A letter of inquiry from the writer impressionistic painter; in a third, that blight on some months afterwards as to why the article has society—the man who wishes you to remember not appeared elicits no information, and it turns that he is a tenor. These introduce an element out that the article is not published. Has the which many authors feel to be jarring, if not contributor any claim in this case for the loss of actually antagonistic. The general desire is for a that part of the remuneration which, it need hardly Lotos Eater's Land where neither jar nor an- be said, may be indirectly of quite as much tagonism is possible; what is really sighed for is pecuniary consequence to him as the money" The Authors' Club.”
payment? In the case of a daily paper a review Is not the profession strong enough to support is, as we all know, liable to be crowded out by such a club? Cannot the Society of Authors pro- press of matter.
But is the case of a magazine, vide the men who will help to make it a success? that does not in a general way review books, on Who will adopt the idea and give it their personal precisely the same footing? support and service? The financial details could easily be arranged, if a strong committee were appointed; and if the matter be mooted now, by the As an aggravated instance of the business time that the evenings draw in and the days grow methods described under "Questions and Answers,” chill, “The Authors' Club” should be a fait No. 3, at page 9, of the May number of The Author, accompli.
A. M. I offer the following personal experience. I sent
a short story to the Editor of a fairly reputable and
outwardly prosperous London periodical, no doubt Allow me to bring the following facts before the regarded by its numerous readers as a marvel on readersof The or, - About two years ago I enterprise and cheapness, enclosing, as I always
do, a stamped directed envelope for the return of if more than one accept, selecting the acceptance the MS. if not required. I received neither manu- which pleases him best? script nor answer of any kind. I wrote repeatedly Ought a reviewer to write more than one review after waiting some months, when to my surprise í of the same book ? heard quite accidentally through a friend who Ought a publisher's advertisements in his own recognised my nom de plume that my story was then magazine to be charged to the author? And can actually being published in the magazine I had sent a publisher charge such advertisements to the it to, and which I do not always see. I waited a author without first obtaining his consent to an month or two and wrote for payment. I wrote expenditure which goes into the publisher's own two or three times more, but from first to last pocket ? I never had a reply to a single communication. I then got the Secretary of the Society to write, and he very kindly did write a pretty strong letter con- In answer to your query I am detailing briefly taining a plain threat of the legal proceedings; my own experience, and I understand that many that produced an interview with the editor, an other authors have suffered similar treatment. apology, and a cheque. The whole affair took In 1882 I sent an article to about a year. Now does anyone believe that if I (a well-known monthly): it was accepted. It aphad not by the merest Aluke found that the story peared 17 months afterwards. I was paid, however, had been printed, I should ever have had the directly it appeared. money to this day? I do not. I may add that
In 1885 I sent an article to “ others have had similar experiences in the same (another well-known monthly), and I heard no quarter, and the periodical in question continues more of it. It may have appeared, or it may have to be a marvel of enterprise and cheapness. been lost. I have never seen it in proof, and I
M. O. H. have never been paid for it.
In this year I sent a short story to a journal with What is the true position of affairs in such a a fair reputation and position. They cut it down, case as this ? An author (young, struggling, and
and in so doing cut out a small episode-of itelf inexperienced) fires off a composition-say a short unimportant-to which reference happened to be story-at the editor of a magazine. He either made twice later on in the story. That is, they writes with it to say he "encloses a MS. and hopes made nonsense of my work. They did not pay it will prove suitable," or writes his name and
until three months after printing the story. address on the back of it, and sends postage In 1889 I sent a story to a daily paper. They stamps for its return.
did not accept it or refuse it, or acknowledge it. The editor “begs to accept it, and encloses a One day I saw it in print, and three months aftercheque from the proprietors for £ 5."
wards I received most inadequate payment for it. A few years later, less young, and perhaps less
It appears, however, that I have no remedy. struggling, the author wishes to republish some of
A SCRIBBLER. his former efforts in a volume, or has a chance of Te-selling them, but is confronted with the difficulty that he really does not know whether he has the
I sent a story to a weekly journal. They printed right to with regard to a story originally disposed it without acknowledgment almost directly afterof as indicated above. He asks himself and other
wards. I wrote a second-not knowing the fortupersons, “Who has the copyright ?” Has the
nate fate of the first-and sent it to them. Then writer been employed by the proprietor of the
I heard that the first one had been printed. I magazine ?
wrote to ask for payment. They did not answer. Have they a joint ownership?
I wrote again. They did not answer, but printed Has the author sold the copyright right out?
my second story. Months afterwards, with no Or has he only sold " serial rights ?”
apology, I received a cheque for both of them. If these people had accepted my first story in the
usual manner, I should have looked for it, and Ought not all books to be dated on the title- if I had been paid for it at the rate I eventually page with the year and month of publication ? received for the two, I should have never sent them
Ought not reviewers to state the price of books the second story. I can get more from a daily in reviewing them, and if not, why not?
provincial paper and get my money promptly, as Is a contributor on the staff of more magazines well as have proofs sent to me for correction. The than one justified in proposing an article on the paper was same subject to them all contemporaneously, and