THE AUTHOR'S DESK BOOK

Copyright, 1914, by
Frederick A. Stokes Co.

THE·PLIMPTON·PRESS
NORWOOD·MASS·U·S·A

CONTENTS

THE AUTHOR'S DESK BOOK

RELATIONS OF THE AUTHOR TO THE PUBLISHER

Another reason for these closely-identified interests is the fact that the average writer is not experienced in business matters, but relies largely upon the integrity of the publisher to whom he intrusts himself. For the same reason, the publisher feels an added responsibility to protect the interests of the author, realizing the fact that he has been placed in the position of agent, to conduct affairs in the joint interests of both. Even if there have been cases where this confidence has been misplaced, they are exceptions which do not affect the general statement.

The fact that the average author is not versed in business detail has brought into being the literary agent,[1] who offers to stand between the author and his so-called natural enemy, the publisher. There is no doubt that frequently the efforts of these literary agents result in temporary pecuniary advantage to the author, but the common consensus of opinion is that in the long run the author will best serve his own ends by co-operating with his publisher, rather than by employing any intermediary. Confidence begets confidence, and fair play invites a personal interest which is an asset, the value of which cannot be over-estimated. When a manuscript has been offered competitively, and is finally secured by the highest-bidding publisher, it by no means follows that the net returns from this contract will exceed or equal what the author might have received through some other publisher, better equipped to sell it, who would have taken a pride far beyond mere commercial advantage in making it a successful venture.

Take, for example, the question of advertising. If a publisher issues a volume written by an author whose later work is likely to be given to another house, he realizes that whatever investment he makes must be charged off against this particular book. On the other hand, if he feels that the author's relations are such as to make it probable that the present publisher will have an opportunity to share in his later success, then it is good business for him to invest a larger sum in advertising the author than he could possibly afford to expend upon any single book. Here again is the mutual interest. The author's reputation rests in a large measure in the hands of his publisher, and he shares equally in any advantage which accrues to the publisher from the publicity which comes to both.

From still another standpoint, the author can secure material assistance from intimate relations with his publisher. Many a novel owes its success to the advice given by the editorial staff of the publishing-house. Many a strong story would never have reached its audience because of mechanical or structural defects, which the publisher helped to overcome. There have been instances of unwise editorial advice, and of undue pressure brought to bear upon the author to the detriment of his literary production, but these cases are rare compared with those of helpful assistance, which every successful writer will gratefully acknowledge he has received from his publisher. In general, the publisher is a wise person in his own field, and as the ultimate success of a book depends upon its sale, his advice is usually based upon a knowledge and an experience which the author cannot possess. To make his business a success, the publisher, as well as the author, must interject his own personality, this expression taking the form of personal suggestions, of determining the physical aspect of the volume, of selecting the artist, of arranging methods of publicity, and of making plans for interesting the retail booksellers.

Few publishers depend upon the judgment of their "readers" to the extent of accepting or declining manuscripts wholly upon their opinions. It is inevitable that a large proportion of the manuscripts submitted should be culled out and discarded by the professional reader without ever reaching the final court of appeal. These readers consider each story from two distinct standpoints: (1) Has the author a real story to tell? and (2) How well has the story been told? If the manuscript fails to stand the test of the first question, its doom is sealed at that point; if it passes through this test, even though it fails in the second, it will be referred to the publisher for a final reading, with the critic's comments affixed to it.

It is remarkable how many manuscripts in this state are actually read by the publisher himself, in view of the countless other details which naturally devolve upon him; but here is where he recognizes the first claim upon his personality. His viewpoint differs from that of his reader only in that it has narrowed down to three main questions which he demands of each manuscript: (1) Does it conform to the standards of the house? (2) To what and how large an audience will it appeal? (3) Will the probable returns warrant the initial investment?

Having settled these points in his mind, the publisher will further consider the literary value of the story. If the plot is strong and original but clumsily constructed, he will discuss the situation frankly with the author, and will advise him to rewrite such portions as demand revision. Many a successful author has learned how to tell his story through his publisher's assistance, and owes his present reputation to the fact that some publisher discovered in his early, amateurish efforts the germs of strength and originality, almost smothered by structural faults.

After the manuscript is ready for the printer, it is the publisher's function to decide upon its physical aspect, combining business judgment and personal taste in producing a volume in keeping with its content, and in such a dress as to attract to it that class of bookbuyers who are influenced by its attractiveness. Nowhere, perhaps, is the fickleness of the public shown more than in the taste displayed by this class of buyers, and styles obtain in this as much as in millinery or in dress.

With the plan of the building of the book determined, the publisher undertakes to create a demand, first from the booksellers and later from the public. The traveling salesman is the usual means to accomplish the first end. He makes his regular trips at stated seasons, covering the entire country, carrying with him "traveler's dummies," which usually consist of a stamped cover of each book, inside of which are fastened representative pages and proofs of illustrations. From these samples, the salesmen take their "advance orders," and the publisher usually awaits the tabulation of these before deciding upon the size of his first edition.

Other methods are employed in addition to these, varying with the ingenuity of each publisher: such as the sending out to the booksellers of advance copies or sheets, writing special letters, giving synopses of the stories, etc., all of which advance preparation requires time and thought. Authors sometimes become impatient over what seems to them to be unwarranted delays, when in reality the publisher is serving their interests as well as his own by creating a market before actually placing the book on sale.

To create a demand on the part of the public is as difficult in marketing books as any other commodity. Advertising helps, of course, but as to the amount, nature, and method of advertising, each publisher has his own ideas. Each author naturally regards his own work as deserving of the maximum publicity, but the publisher is obliged to consider his list as a whole. If he thinks it wise to invest a large sum in advertising a particular story, it is because he believes that story to possess an appeal to the public sufficient to warrant this investment. His judgment may be wrong, and often is. The book he depends upon does not respond as he expects, and some other book, in which he did not have as much confidence, for some unknown reason suddenly shows unexpected strength. But the publisher has been honest in his attempt, even though faulty in his judgment, and the author who recognizes this in his attitude to his publisher will go far toward cementing the bonds of co-operation which inevitably bring success to those writers who actually possess, the genius to demand it.

The fact that one author's contract differs from another's cannot be taken as evidence that the publisher has not fulfilled his entire responsibility to both. An author without an established reputation has no right to expect as attractive a contract as one whose name is of known value to the publisher's list.

SUBMITTING THE MANUSCRIPT

The enormous number of manuscripts with which the publisher is deluged makes it absolutely necessary, for self-interest, to submit typewritten copy. Some houses make it a rule to return handwritten manuscripts unread.

The manuscript should not be bound together in any way, but the pages should be carefully numbered consecutively.

The best size of paper is the standard 8½ by 11, and the sheets should be uniform in size.

The paper should not be shiny or slippery, as this affects the eyes of the reader unpleasantly.

Each page should contain approximately the same number of lines, as this assists the publisher in estimating the number of words, and in determining the probable size of the printed volume.[2]

Always retain a duplicate copy of a manuscript, to prevent loss by fire, theft or other accident. It is an undue responsibility for an author to place upon a publisher to submit to him the only copy of a manuscript in existence. If the manuscript be accepted, it is also an advantage to have a copy for the use of the artist, etc.

Write on one side of the paper only.

Deliver the manuscript to the publisher flat rather than rolled or folded.

Manuscript copy costs two cents an ounce for mailing; when mailed with proof it costs one-half cent an ounce.

In fastening one piece of paper to another, or in fastening addenda upon pages already written, use mucilage rather than pins or clips.

Be sure that the author's name and address are plainly marked upon the manuscript. The usual location for this is the upper left-hand corner of the first page.

PUBLISHING AT THE AUTHOR'S EXPENSE

It may be taken as a general statement that if a book possesses sufficient merit to warrant its publication at all, a publisher can be found who is willing to assume the entire risk of the expense of publication. This statement does not apply to scientific, technical, or special works which publishers are glad to have upon their lists, but which must be subsidized from some source in order to make publication financially possible. In the case of a novel, the statement has no exceptions. No first-class publishing-house will issue with its imprint, at the author's expense, a novel in which it cannot have sufficient confidence to warrant it in assuming the entire expense.

Frequently the unknown author, eager to secure the publication of his work, is willing to make any sacrifice, or any terms, with almost any house which is willing to assist him in accomplishing the desired result. In fact, there are publishing firms who confine their operations to the publication of manuscripts to be paid for entirely by the writer. The general proposition is that the author assumes the cost of publication, the publisher places against this his expense of doing business, and the value—such as it is—of his imprint; and then author and publisher divide the profits.

Unfortunately, it is the rarest thing that there are any profits to divide; and the part of the whole transaction which is deplorable is that the publisher must know in advance that he has, to a certain extent, played upon the vanity of the author,—not so much, perhaps, in what he has actually said to him, as in the fact that he has shown an enthusiasm which leads the author to think that he has really produced a "best seller." There is a legitimate fee for privately-printed books if the author goes into the transaction with his eyes open, and accepts the services of the publisher as an agent, allowing the publisher's profit to stand as a return for services rendered.

Authors should be particularly wary of heeding solicitations from publishing-houses for manuscripts to be published in this way.

MAKING THE CONTRACT

There have been several new elements, in recent years, entering into the contract between author and publisher, which have made it a more complicated business-partnership than in the past. It was not so long ago, for instance, that neither author nor publisher would spend much time discussing the clause relating to dramatization; for few novels were then dramatized, and the chance of having this clause become of importance was remote. To-day, however, nearly every author considers his work teeming with potential dramatic probabilities, and the fact that so many plays have been produced, based upon successful novels, naturally leads the publisher to wish, if possible, a share in this supplementary reward. In considering this clause, therefore, the author must take into account the part which his publisher is likely to play in advancing the interests of both along these lines.

The present stock contract of most publishing houses assigns the dramatic rights to the publisher, but provides that the author shall share in such profits as may accrue from the dramatization.[3] Just where the division shall occur is a subject for discussion. It seems a fair contention on the publisher's part that any interest in dramatization comes from the popularity which a novel attains, and that this attainment results from his energy and ability in placing the book before the public as much as from the merit of the story itself. If the author feels this position to be warranted, he will undoubtedly accept an equal division; if not, he will insist that the clause be stricken out.

The moving-picture rights[4] add a still more recent factor to the consideration of the contract. The development of the moving-picture business has been so rapid that the demand found both publishers and authors unprepared for the unexpected, but no less welcome market for what must be considered a by-product. And the possibilities of its further extension are so unlimited that the returns from this single source alone may easily prove of greater value than the original right to publish the novel. Here, then, is a point which could never have appeared in the old-time contract, yet which now warrants the most careful consideration.

The serial rights[4] have long formed a definite clause to be included or omitted. Often the publisher's contract is not made until after the serial publication of the story has been arranged, in which case it is naturally an entirely independent business transaction. Frequently, however, the publisher places the story serially for the author, arranging his own date of publication to conform. Obviously, under these conditions, the publisher is entitled to share in the returns from the serialization.

The "second serial rights" represent still another phase. It is the custom for publishers to sell these rights to newspapers, and to receive their pay not in cash but in advertising space, since by so doing they receive more than they could get for a fair equivalent in cash. This second serialization does not ordinarily take place until a story has had its sale, and its appearance in this cheaper form is not supposed to affect the author's royalties one way or the other. The advertising space thus secured is used not to advertise the story so serialized, but other, later books issued by the same house. The publisher usually credits the author's royalty account with an arbitrary sum, equivalent in his estimation to the value of the transaction. Few contracts contain any clause covering this point. The publisher argues that the author, in all probability, could not have disposed of these rights at any price, and that whatever amount he receives is clear gain.

The contracts of various publishing-houses differ in their clauses covering "author's alterations," which include all changes made from the original manuscript as delivered to the printer. Some publishers allow a flat sum of $25[5]; others allow 10% of the printer's bill for composition and electrotyping. The average author cannot understand the expense of making changes after the manuscript has been put in type, and this point is one of the most disagreeable features which creep into the relations between author and publisher. It is inevitable that certain changes should be required when the author sees his work reduced to the rigidity of type, but the publisher should certainly not be expected to pay the penalty for elaborate changes which are the results of the author's carelessness or change of heart.[6]

The rate of royalty depends upon the value of the author's name to the publisher's list, but the normal rate is 10% of the retail price.[7] Some publishers demand that the first thousand copies shall be exempt from royalty, but this is looked upon to a certain extent as taking advantage of the author's lack of reputation. The best houses, if they are willing to publish a book at all, are willing to take the whole risk, allowing the author returns on every copy sold.

On fiction, the rate goes up from 10% to 33⅓%, but at this latter rate the publisher is giving the author more than he can afford, hoping to make up for his plunge by the impetus which this fortunate author's name will give to the balance of the list. Broadly speaking, 20% is the maximum a publisher can afford to pay, and then only on a book which is practically certain to win a place among the best sellers. A method which seems fair to all concerned is what is called the "progressive royalty." This gives the author say 10% on the first ten thousand copies, 15% upon the next ten thousand, and 20% upon all copies sold over twenty thousand. An arrangement such as this gives the publisher an opportunity to charge off all his initial expenses of manufacture, and to be liberal in his advertising appropriations in extending and continuing the sale of the book.

The royalty upon common-and high-school textbooks is normally 7½% to 10%, but as the publisher frequently makes special prices to secure large adoptions, the rate may be less. Special clauses are usually inserted into contracts made with authors of books of this nature, to cover these contingencies. College textbooks command 10% to 15%.

The clause relating to English rights[8] is unimportant to the average American author, for American stories do not as a rule sell well in England. As a leading English publisher once jocosely told the writer: "The average American novel deals either with society or sport, and we in England don't think you know much about either in America." If, however, the author believes his book has a chance, in all probability the publisher will strike out the clause, and give him a free hand to make his arrangements direct. The question of Colonial rights should not be overlooked, as these sometimes prove to be of greater value than the English rights themselves.

The "option" clause,[9] giving the publisher the refusal of subsequent books, is one which every publisher is glad to have, as it binds him to nothing and may prove of value if the earlier story of the author is successful. On general principles, it is the part of wisdom, in any contract, to make no agreement which does not bind both parties. An author should consider the probable advantage to himself in having the publisher feel sufficiently certain of retaining him upon his list to warrant the expenditure of larger sums, in advertising and in pushing the book in hand, than would be safe if the author were free to take his next manuscript to another publisher.

The present writer is a strong believer in the advantage to the author of remaining on a single publisher's list, provided the publisher has shown himself to be enterprising, and inclined to advance the author's interests simultaneously with his own. There are unquestionably many instances where an author can secure larger royalties by "shopping around," but in the long run better results will come from a consideration of the bonds between author and publisher in the light of a business partnership, not to be broken while relations remain amicable.

At present there is no uniform book contract used by all publishers. The blank contract form here given is that used by a reputable publishing-house. As a matter of fact, no present contract of any publisher is wholly satisfactory, and it is interesting to note that the subject of contract is one which the leading houses are taking up seriously with a view to standardization and improvement.

Contract form:

MEMORANDUM OF AGREEMENT made this ... day of ..., 19..., between ..., party of the first part (hereinafter called the Author), and ... of ..., party of the second part (hereinafter called the Publishers), WITNESSETH: That

WHEREAS the said ... is the author and proprietor of a work entitled ... (hereinafter called "the Work"), and desires that the same be published and put on the market by the said ...,

NOW, THEREFORE, in consideration of the premises and of One Dollar to each in hand paid by other, the receipt whereof is hereby acknowledged, the parties hereto do covenant and agree as follows:—

FIRST: The Author hereby bargains, sells, grants, conveys, transfers and sets over unto the said ... the sole and exclusive[10] right and privilege to print, publish and put on the market the said Work, during the whole term of its copyright and all the renewals thereof in the United States of America and in the Dominion of Canada and elsewhere[10]; the Publishers shall also have all rights of translation, abridgment, dramatization, moving-picture rights, selection, and other rights of, in, or to said Work in the United States of America and in the Dominion of Canada and elsewhere.[11]

SECOND: The Author hereby guarantees

I. That he is the legal author and sole proprietor of the said Work hereinabove mentioned, and that he has the sole and exclusive right to dispose of the same.

II. That the said Work has not heretofore been published, and that it is in no way a violation of any existing copyright, either in whole or in part, and that it contains nothing of a scandalous, an immoral or libelous nature.

THIRD: The Author covenants and agrees

(a) That he will keep the Publishers safe, whole and harmless from all damage, hurt and expense of every nature, kind, and description whatsoever arising from any claims of infringement of copyright or from any matter or thing contained in said Work.

(b) That he will deliver to the Publishers full and complete manuscript of said Work, on or before the ... day of ..., and that he will pay all expenses for corrections[12] in plates after last proof from type, whether page or galley, has been corrected by him and such corrections carried out by the compositors. The manuscript thus given to the Publishers shall be final revised "copy." In this regard it is understood that in case, because of danger of serious delay in publication or of the loss of copyright, opportunity is not given the Author to read proof as hereinbefore provided, the cost of plate corrections not necessitated by typographical errors shall still be borne by the Author, unless delay in sending proofs from type is due to gross negligence on the part of the Publishers. If the Publishers are required by the Author to make corrections or alterations in the type (not necessitated by typographical errors) costing in excess of twenty-five dollars, the Author agrees to pay the excess of cost.

(c) That he will give to the Publishers the first refusal of the next[13] ... to be written by him, hereby granting to the said Publishers, on the same terms as those of this contract, an option on the publication thereof for ... days after the manuscript shall have been delivered to them.

(d) That he will take or cause to be taken all necessary steps to effect renewals of copyright as provided for by law.

FOURTH: The Publishers hereby covenant and agree

I. To copyright[14] the said Work in the United States of America in the name of the Publishers, and to take all usual precautions to protect the same.

II. To publish said Work and put the same on the market at their own expense, in such style and manner as they shall deem expedient, and at such time or times as they shall see fit, it being understood that the advertising, the number and destination of free copies, and each and every detail as to manufacture and publication shall be in the exclusive control of the Publishers.

III. To pay to the Author[15] ... per cent. on the catalogue (retail) price, regular cloth style, for all copies of said Work actually sold by them, which shall be construed as not including copies given to the Author, travelers' samples, damaged copies, copies given away for the purpose of aiding the sale of the Work, copies sold at or below cost, where falling off in profitable sales in any style of binding requires this, or copies sold at a catalogue (retail) price of fifty cents or less, or copies sold in foreign countries.[13]

IV. To pay upon all copies of the said Work sold and paid for at a catalogue (retail) price of fifty cents or less, or copies sold in foreign countries, one-half of the first above-mentioned royalty or percentage on the foreign[16] catalogue (retail) price of the same.

V. To pay upon all copies of the said Work sold at "remainder" prices (except when sold at or below cost) ten per cent. of the actual net price received. Such "remainder" prices shall not exceed one-third of the retail price of the Work.

VI. To pay to the Author the sum of ... on the ... day of ... in advance and on account of the royalty or percentage to accrue to the Author as hereinbefore specified.

VII. To give to the Author[17] ... copies of said Work, and to sell to him further copies for his personal use at the trade[18] price.

VIII. No payment shall be made by the Publishers for permission gratuitously given to publish extracts from said Work to benefit the sale thereof; but if the Publishers receive any compensation for the publication of extracts therefrom, or for serial use after publication in book form, or for translations, or abridgments, such compensation shall be equally divided between the parties hereto.

IX. If the publishers receive any compensation for rights of dramatization, moving-picture rights,[19] or first serial rights, such compensation shall be divided in the proportion of[20] ... to the Author, and ... to the Publishers.

X. To submit statements of sales as of the second Monday in January [and the first Monday in July],[21] on April 1st (and October 1st respectively) in each and every year, and to settle for the same in cash on the first of every May (and the first of every November), respectively following.

FIFTH: It is further covenanted and agreed by and between the parties hereto as follows:

A. If at any time during the continuance of this agreement the Publishers wish permanently to discontinue the publication of said Work, they shall notify the Author in writing, mailed to his latest-known address, and for thirty days thereafter he shall have the option or right to buy from the Publishers all copies on hand at the cost of manufacture, and (should these not have been destroyed by fire or otherwise) stamps and electrotype plates if any, at one-third their cost to the Publishers, paying in addition for engravings of the illustrations, if any, twenty-five cents per square inch of each plate, and upon the failure of said Author to exercise this right or option, by paying for the same in cash within said time, said Publishers shall dispose of the same as they may see fit without any commission or percentage whatsoever, and this contract shall forthwith cease and determine.

B. If, after the publication of any edition of said Work, the plates be rendered useless by fire or otherwise, the Publishers shall have the option of reproducing them or not; and if they shall decline to reproduce them, then, after the sale of all copies remaining on hand, they shall, upon written request, reconvey to the Author the copyright and all rights herein granted, and this contract shall terminate. No insurance shall be effected by the Publishers for the Author.

C. The parties hereto hereby agree to settle all disputes and differences under this contract by arbitration. One arbitrator shall be chosen by each party to this agreement, and these two arbitrators shall select a third, and the decision of a majority of the arbitrators shall be final and shall be binding upon the parties hereto.

D. It is understood and agreed that the Publishers are not insurers of manuscripts or drawings placed in their possession, and that they shall be liable for gross negligence only in the care of the same.

It is understood and agreed that this instrument shall bind the parties hereto, their heirs, executors, administrators, successor, successors or assigns.

IN WITNESS WHEREOF the parties hereto have hereunto interchangedly set their hands and seals the day and year first above written.

IN THE PRESENCE OF

As to the Author

As to ...

MOVING-PICTURE RIGHTS

The tremendous development in the moving-picture business has created a demand for dramatic films taken from long stories, or for a reproduction entire of short stories, which offers an entirely new and unexpected revenue to both publisher and author. Moving-pictures have passed from the experimental period into an institution. The reproduction entire of certain famous stories has given to the enterprise a dignity which no one could have predicted, and the outlet they offer for a by-product is considered perfectly legitimate.

All this produces new conditions in the relations between author and publisher, and many new questions have arisen which neither one may have anticipated at the time the contract was drawn. It is still necessary to have interpretations of the laws governing dramatic regulations, and of the rights involved.

It has been the practice of the moving-picture producer to buy his plots outright, but with the new knowledge which has come to the writers of scenarios and plots of the real value of these when once assured of success, has also come a realization of the advantages of making royalty arrangements instead of selling outright.

As far as the future is concerned, authors should familiarize themselves with the various intricacies of this particular field before signing contracts, making sure that the contract clearly defines the exact basis of what they part with and what they retain, or the percentage of ownership which the author holds in any one of the various rights.

The following excellent summary is supplied by the "Authors' League" to its members:

"While the business of motion photography is by no means new, it is only within comparatively recent times that there has been a general demand for scenarios and plots. Within the last two or three years authors have found a new and unsuspected source of revenue in the sale of 'Cinema' rights to their short stories, and, although the returns were usually small, they formed a welcome addition to the writer's income. Prices frequently depended more upon the advertising value of the author's name than upon the character of the material, and ranged from $15 to $150; nevertheless, many persons not engaged in the usual forms of literary work have reaped a substantial harvest from that source. Until recently, subjects have been commonly confined to one reel of 1000 feet in length, but owing to the rapid development of the motion-picture business there has arisen a demand for more pretentious photoplays, for 'feature films' of multiple reel length, and, in consequence, many famous books and dramas have been, and are being, photographed.

The demand is logical and promises to be permanent, hence the producer finds himself in need of good subjects, and the author is beginning to recognize his photoplay rights as something more than an insignificant by-product of his labor.

It has been the picture-producer's practice to pay cash for his plots, but royalty arrangements covering 'feature films' are now being made. The latter method has its drawbacks, for, owing to the existence of a middle-man, it is more difficult for the photo-playwright to share in the full returns of his work than it is for the author of a book or play. The book-publisher or theatrical-producer distributes his goods directly to the public, and the author receives a royalty on the retail price of the book in the one instance, and on the box-office receipts in the other. The motion-picture manufacturer, on the contrary, does not sell his films to the theater or to the public, except in certain cases noted later, but to an 'exchange' or series of exchanges, which in turn leases to the exhibitor. Under this practice, therefore, the author receives a percentage only upon the rental or purchase price paid by the exchange to the manufacturer.

The exceptions above referred to, under which the author may more nearly share in the full returns from his photoplay, is when state rights, foreign rights, etc., to 'feature films' are sold or leased for cash, without passing through the hands of the exchanges, or when the producer elects to exhibit his films in his own or leased theaters. It may be seen, therefore, that while a sale on a royalty basis is in some ways unsatisfactory from the author's standpoint, it is on the whole preferable to a cash sale.

The exchanges are, in effect, circulating libraries, which distribute reels of film instead of books. The results are similar to those arising from the English library system, under which large book sales are almost impossible, and under which neither author nor publisher profits greatly from a book's popularity. There is this difference, however: the publishers of Great Britain do not own the libraries, while in this country the exchanges—at least to a great extent—are owned by the manufacturers.

Since many writers are totally unfamiliar with the conditions of the trade, a word of explanation may be of value and avoid bewilderment. Broadly speaking, the motion-picture field is occupied by two factions—the 'licensed' manufacturers, with their own exchanges and exhibitors, and the 'independents.' The former are composed of ten producing firms, the patents and rights under which they operate being vested in a holding company—The General Film Company—which is the sales-agent for all regularly released films of the coalition, and has about fifty branches. These manufacturers make only 'licensed' films, and distribute their regular releases only through the general film company, which in turn leases exclusively to licensed theaters, of which there are about 10,000 in this country.

The remaining producers, exchanges and exhibitors comprise the independents.

When an ordinary film of 1000 feet is made, it is released for exhibition on a given date, and is then termed a 'first-run picture.' As it gradually wears out, this rental grows less, and in about six months it is called in and destroyed. If the subject is popular, reprints are made, and distributed as before. 'Feature films' comprising several reels are sometimes handled as previously noted. Foreign rights are most frequently sold outright."

Don'ts for Authors

"Don't give away your photoplay rights in selling a story for magazine or book publication.

Don't include them in a dramatic contract without some clause similar to that governing stock rights.

Don't sell them to the first bidder.

Don't sell them for cash if you can secure a continuing interest in the film. It may be of value ten years hence.

Don't decide that your story will not make a motion-picture. It may contain values which you do not see.

Don't decide that your story will make a good photoplay until you understand something about the requirements and limitations of the business. Remember, every film must be passed by the National Board of Censors.

Don't forget that your story must be told in pantomime.

Don't turn your photoplay rights over to the stranger who offers to adapt and handle your stories for one-half the proceeds.

Don't forget that you probably sold 'all rights' to your story when you signed that receipt.

Don't sell the producer a right which you don't own, and make him buy it over again from the present owner. He won't like it."

REPORTS ON ROYALTIES

The methods employed by the various publishing-houses in keeping and rendering their accounts with authors vary with each house, but all publishers are alike to the extent of realizing that this end of the business must be absolutely above suspicion. An unwarranted rumor, or a clerical error, would raise a question which might affect the standing of the house more than any other one thing. For this reason, the royalty records of all reputable publishing firms are so kept that they may be easily inspected if any question arises, and no objection would ever be made to a request from an author to make an examination should he feel that circumstances justified it.

The publisher recognizes that each author is, in a sense, his partner in the production of a book, and as such is entitled to intimate information regarding the progress of their joint enterprise. Semi-annual statements are rendered, which are often verified by certified reports from the publisher's printers and binders, covering the number of copies manufactured and sold during each period. Some publishers include a report of the number of copies distributed for review or other advertising purposes; some do not. Some have these reports checked by public accountants, who compare the statements of sales with the bills for printing and binding and the inventories for paper. But all these varying methods are based upon accurate, detailed records, which are carried forward regularly to the author's account.

Payments upon these semi-annual statements are usually made four months after they are rendered, making an average date of seven months which the publisher takes upon his royalty account. On the face of it, this seems too long a time, but those authors who are familiar with the customs of the trade realize that the publisher is obliged to sell to the jobbers and retailers on time, so that in this, as in other portions of the undertaking, they are simply sharing the financial necessities.

THE COPYRIGHT

When a publisher has accepted a manuscript, it becomes a part of his duty to secure the copyright. Usually, this is taken out in the name of the publisher rather than of the author, as the contract itself is really a license to sell from the author to the publisher. It is also the duty of the publisher to take all necessary steps to effect renewals of copyright as provided for by law.[22]

For those who find it necessary to take out their own copyrights, the following information is of value:

The copyright law provides that the application for registration of any work "shall specify to which of the following classes the work in which copyright is claimed belongs":

• (a) Books, including composite and cyclopaedic works, directories, gazetteers, and other compilations.
• (b) Periodicals, newspapers.
• (c) Lectures, sermons, addresses, prepared for oral delivery.
• (d) Dramatic or dramatico-musical compositions.
• (e) Musical compositions.
• (f) Maps.
• (g) Works of art; models or designs for works of art.
• (h) Reproductions of a work of art.
• (i) Drawings or plastic works of a scientific or technical character.
• (j) Photographs.
• (k) Prints and pictorial illustrations.

The Amendatory act, approved August 24, 1912, added the following two new classes of works as subject to copyright:

• (l) Motion-picture photoplays.
• (m) Motion pictures other than photoplays.

A work is not entitled to registration unless it is reasonably possible to classify it under one or the other of the above designations named in the statute.

¶Compilations, abridgments, adaptations, dramatizations, translations or other versions of works produced with the consent of the proprietor of such works, or works republished with new matter, are regarded as new works subject to copyright.

An alien author or proprietor can be protected by our law only in case he be domiciled within the United States at the time of the first publication of his work; or when the foreign state or nation of which he is a citizen or subject grants to citizens of the United States the benefit of copyright on substantially the same basis as to its own citizens; or when such foreign state or nation is a party to an international agreement which provides for reciprocity in the granting of copyright by the terms of which the United States may become a party thereto.

¶Copyright protection is at present granted in the United States to works of authors who are citizens or subjects of the following countries: Belgium, France, Great Britain and her possessions, Switzerland, Germany, Italy, Denmark, Portugal, Spain, Mexico, Chile, Costa Rica, Netherlands and her possessions, Cuba, China, Norway, Japan (and Korea), Austria, Guatemala, Salvador, Honduras, Nicaragua, Luxemburg, Sweden, Tunis and Hungary.

HOW TO SECURE COPYRIGHT REGISTRATION IN THE UNITED STATES

For works reproduced in copies for sale:

1. Publish the work with the copyright notice. The notice may be in the form "Copyright, 19... (year date of publication) by ... (name of copyright proprietor)."[23] The date in the copyright notice should agree with the year date of publication.

2. Promptly after publication, send to the Copyright Office two copies of the best edition of the work, with an application for registration and a money-order payable to the Register of Copyrights for the statutory registration fee of $1.00. (As to special fee for registration of photographs, see below.) The law provides "that of the printed book or periodical the text shall be printed from type set within the limits of the United States, either by hand or by the aid of any kind of typesetting machine, or from plates made within the limits of the United States from type set therein, or, if the text be produced by lithographic process, or photo-engraving process, then by a process wholly performed within the limits of the United States."

The law requires also that the postmaster to whom are delivered the articles to be deposited in the Copyright Office shall, if requested, give a receipt therefor, and shall mail them to their destination without cost to the copyright claimant.

In the case of books, the copies deposited must be accompanied by an affidavit, under the official seal of an officer authorized to administer oaths, stating that the type-setting, printing, and binding of the book have been performed within the United States. Affidavit and application forms are supplied by the Copyright Office on request. This affidavit is not required in the case of works in raised characters for the use of the blind, or in the case of a book of foreign origin in a language or languages other than English, or in the case of a printed play in any language; as such works are not required to be manufactured in the United States.

In the case of contributions to periodicals, send one complete copy of the periodical containing the contribution with application and fee. No affidavit is required.[24]

For works not reproduced in copies for sale:

Copyright may also be had of certain classes of works (see a—e below) of which copies are not reproduced for sale, by filing in the Copyright Office an application for registration with the statutory fee of $1.00, sending therewith:

(a) In the case of lectures or other oral addresses, or of dramatic or musical compositions, one complete manuscript or typewritten copy of the work.

(b) In the case of photographs not intended for general circulation, one photographic print. (As to special fee, see next page.)

(c) In the case of works of art (paintings, drawings, sculpture), or of drawings or plastic works of a scientific or technical character, one photograph or other identifying reproduction of the work.

(d) In the case of motion-picture photoplays, a title and description, with one print taken from each scene or act.

(e) In the case of motion-pictures other than photoplays, a title and description, with not less than two prints taken from different sections of a complete motion-picture.

In the case of each of the works above noted, not reproduced in copies for sale, the law expressly requires that a second deposit of printed copies for registration and the payment of a second fee must be made upon publication.

Fees:

The statutory fee for registration of any work, except a photograph, is $1.00, including a certificate of registration under seal. In the case of a photograph, if a certificate is not demanded, the fee is fifty cents. In the case of several volumes of the same book deposited at the same time, only one registration and one fee is required.

HOW TO SECURE COPYRIGHT REGISTRATION OF PERIODICALS

1. Publish the issue upon which copyright protection is desired, printing therein the required copyright notice, before making any application to the Copyright Office for registration. (As to the form and position of the notice, see page 34.)

2. Promptly after the publication of each issue, send two copies thereof to the Copyright Office, Washington, D.C., with an application for registration (upon Form "B 1") and a remittance for the statutory fee of $1.00, which sum includes the cost of a certificate under seal. Such certificate "shall be admitted in any court as prima facie evidence of the facts stated therein."

¶Publishers who desire to avoid the trouble of filling out a separate application form, and of making a separate remittance for each issue, may send in advance a sum to be placed to their credit, accompanied by a general application (upon Form "B 2"), requesting registrations to be made thereafter upon the prompt deposit in the Copyright Office of the copies of the successive issues, from time to time, as they are published. After this has been done, two copies of each issue should be mailed to the Copyright Office promptly after publication, with a slip (supplied in blank by the Copyright Office) giving the exact date of publication of the issue (i.e. "the earliest date when copies of the first authorized edition were placed on sale, or sold, or publicly distributed by the proprietor of the copyright or under his authority").

The statutory fee for the registration of any one issue of a periodical is one dollar, including a certificate under seal as already explained. Non-certificate, fifty-cent, entries are not permissible under the present law. Each issue of a copyright periodical requires the payment of its own registration fee of one dollar.

Contributions to periodicals:

Section 3 of the new law provides "that the copyright provided by this Act shall protect all the copyrightable component parts of the work copyrighted, and all matter therein in which copyright is already subsisting, but without extending the duration or scope of such copyright. The copyright upon composite works or periodicals shall give to the proprietor thereof all the rights in respect thereto which he would have if each part were individually copyrighted under this Act." For regulations regarding contributions to periodicals see page 36.

Titles:

The general title of a newspaper, magazine, or other periodical cannot be recorded under the copyright law. The requirement of the former law, that a printed title be deposited on or before the day of publication, has been abrogated, and the deposit of the title in advance of publication is no longer authorized. What the law now requires is that there be deposited two complete copies of each issue, promptly after publication.

Remittances:

All remittances to the Copyright Office should be made by money-order, payable to the Register of Copyrights. No money (currency or coin) should be placed in any letter or other matter sent to the Copyright Office. Postage stamps should not be sent as fees. Private checks will not be accepted unless certified.

HOW TO SECURE COPYRIGHT REGISTRATION OF MOTION-PICTURES

In order to secure registration of claims to copyright for such works the following steps should be taken:

Motion-picture photoplays:

I. Motion-picture photoplays not reproduced in copies for sale: Deposit in the Copyright Office, Washington, D.C., (1) the title of the motion-picture photoplay; (2) a description of the work, preferably either printed or typewritten; (3) a photograph taken from each scene of every act. These deposits should be accompanied by an application for recording the claim to copyright. For this purpose use Application Form "L 2," which is furnished by the Copyright Office upon request. Also send with the application the statutory registration fee of $1.00.

II. Motion-picture photoplays reproduced in copies for sale: When the motion-picture photoplay has been published (i.e., placed on sale, sold, or publicly distributed) with the required notice of copyright upon each copy, promptly after such publication deposit in the Copyright Office two complete copies of the work, accompanied by an application for recording the claim to copyright in the published work. For this purpose use Application Form "L 1," which is furnished by the Copyright Office upon request. Also send with the application the statutory registration fee of $1.00.

Motion-pictures other than photoplays:

I. Motion-pictures other than photoplays not reproduced in copies for sale: Deposit in the Copyright Office, Washington, D.C., (1) the title of the motion-picture; (2) a description of the work, preferably either printed or typewritten; (3) two or more photographs taken from different sections of the complete motion-picture. These deposits should be accompanied by an application for recording the claim to copyright. For this purpose use Application Form "M 2," which is furnished by the Copyright Office upon request. Also send with the application the statutory fee of $1.00.

II. Motion-pictures other than photoplays reproduced in copies for sale: When the work has been published (i.e., placed on sale, sold, or publicly distributed) with the required notice of copyright upon each copy, promptly after such publication deposit in the Copyright Office two complete copies of the work, accompanied by an application for recording the claim to copyright in the published work. For this purpose use Application Form "M 1," which is furnished by the Copyright Office upon request. Also send with the application the statutory fee of $1.00.

In all cases, the money order remitting the registration fee should be made payable to the "Register of Copyrights." Send the title, description, prints, copies, application and fee in one parcel, addressed to the Register of Copyrights, Washington, D.C.

If any motion-picture has been registered as a work "not reproduced in copies for sale," it must nevertheless be registered a second time if it has been afterward published.

AD INTERIM PROTECTION

In the case of a book published abroad in the English language before publication in the United States, the deposit in the Copyright Office at Washington, not later than thirty days after its publication abroad, of one complete copy of the foreign edition, with a request for the reservation of the copyright, and a statement of the name and nationality of the author and of the copyright proprietor, and of the date of the publication of the book, secures to the author or proprietor an ad interim copyright, which has all the force and effect given by copyright, and extends until the expiration of thirty days after such deposit in the Copyright Office. Whenever, within the period of this ad interim publication, an authorized edition of the book is published within the United States in accordance with the manufacturing provisions specified in the American copyright law, and when the provisions of the American law as to deposit of copies, registration, filing of affidavit, and the printing of the copyright notice have been duly complied with, the protection is then extended over the full term.