Under a recent amendment in our law, an author of a book in a foreign language, who is a citizen of one of the foreign countries which allows to our citizens the same copyright privileges as are allowed to its own countrymen, is permitted to file in the Copyright Office within thirty days after its publication in a foreign country a copy of his book with a formal declaration that he is the author and that he intends to translate it or to print it in its original language and to apply for copyright in the United States. After doing this, he is allowed one year in which to complete his proposed translation or to print it in the original language and copyright it here.
Before this statute was passed, two or more persons could translate a foreign book, and each could copyright his own translation. Every copy of a book for which such protection is desired under this law must bear a notice stating, "Published —— Nineteen Hundred and ——. Privilege of copyright in the United States reserved under the Act approved March 3, 1905, by A. B."
Only the author or his assignee (i.e. the proprietor) may secure copyright in a book. An author may transfer orally all or part of his rights before publication, but after publication it is necessary for him to make the assignment by some form of written instrument. In order to make it a valid assignment, the original instrument must be sent to be recorded in the office of the Librarian of Congress within sixty days after its execution. The fee for recording an assignment is one dollar. After the original document has been recorded, it is signed and sealed and returned to the sender, who should preserve it with the certificate.
It is a common practice to have in the contract between the author and his publisher a clause assigning to the publisher all of the author's rights for the "full term of copyright and for any and all renewals." The agreement, of course, includes other provisions such as for the payment of the usual royalties, accounting, etc. Having been made before publication such an assignment does not need to be recorded in the Copyright Office.
The history of copyright is an extremely interesting subject, but it cannot be properly treated in the limits of this article. It may be mentioned, however, that the first copyright law was enacted by Parliament during Queen Anne's reign and is known as "8 Anne, c. 9." This statute provided that an author should have complete control of his literary productions during a first term of fourteen years after publication, and a renewal term of the same length, and provided penalties against piracy. A great many questions concerning this law arose from time to time in trials before various courts, but perhaps the chief one of interest was that of whether the limitation of the period during which it granted protection had destroyed the author's rights which had existed previously. For fifty years after the passage of the law, the decisions were that the right of ownership existed for all time as a right in common law unaffected by the statute, but in 1774 the highest English court held that while the rights of the author before the publication of his book remained unaffected, after publication he had no rights except during the period specified by the statute. This decision is still believed by many authorities to have been a wrong one, but it has been the basis for all subsequent copyright law in this country as well as in England. Therefore in the United States to-day, the right of ownership lies in the author until his work is published, but upon publication he has no rights except those given him by law, and these he can obtain only by a strict compliance with the requirements of the law. Any one who is sufficiently interested to read the first hundred pages of Drone's "Treatise on the Law of Property in Intellectual Productions" will be well repaid for the effort, and will obtain considerable light upon how the "right of copying," or printing, a book developed, why its duration is not unlimited, and why we must observe certain formalities in order to protect our literary work by it.[Back to Contents]
PUBLICITY
By Vivian Burnett
The duty of bringing the productions of a publishing house to the attention of the public is a very important one, and much depends upon the cleverness and energy with which it is discharged. It can easily be seen that no matter how good the books brought out by a firm, they would be likely to remain on stockroom shelves if readers were not properly made aware of their issue. The name "Publicity department" is the most descriptive title that can be given to the part of the staff devoting its energies to the many variations of news-spreading involved in this work.
Publicity involves both editorial and commercial elements. From the editorial side it is of prime importance that the person in charge of the publicity have at the very beginning a complete and definite idea of the reasons that have ruled in the acceptance of a book,—what class of people it was published for, and just what species of a book it is considered to be. Is it purposed to appeal to a certain religious class of people? Is it for the distinctly literary? Perhaps it is one of those volumes on the border line between a juvenile and an adult's book, which may be presented either as a volume for young or for grown-up folks. The publicity man must be in full understanding of this estimate before he can do his work properly. On the commercial side, he must know just the feeling of the trade in regard to an author and any type of book; and must be in close touch with the salesmen, not only at the beginning, but all through the life of the volume. He can learn from them what amount of success the author's previous books have met, and thus be enabled to present his volume in a way that will hitch on to a previous success or avoid the odium of a recent failure. Salesmen can help him to know the interests of every section of the country, so that advantage can be taken of them in bringing the book to the local bookseller's attention and influencing him to a special effort in its behalf.
Few people are aware of the influence exerted by the book clerk, who can substitute something "just as good" much more easily than a drug or dry goods clerk, especially if he has a good argument to offer. The largest part of the publicity of a publishing house is aimed to influence the general reader, but more and more attention is to-day being paid to the salesman in the bookshop, and quite wisely, too. He cannot be expected to read all the books, and any effort made to give him an acquaintance with your books that goes beyond their covers is clear gain to him, to the publisher, and distinctly to the book-buying public.
Now, a book can be made or marred by the publicity it gets. If it is wrongly launched, it will have an uphill climb, whatever its virtues. This is especially true, as a result of the fact that a good deal is written and printed about a book before it is off press and present to speak for itself.