THE SOCIETY OF AUTHORS. (INCOEPOEATED.) PROSPECTUS. FOUNDED BY SIR WALTER BESANT. TRESIDENT : THOMi^S HAEDY. BEADBUEY, AGNEW & CO., LD. PRINTERS TO THE SOCIETY OF AUTHORS, LONDON AND TONBRIDGE, THE SOCIETY OF AUTHORS (INCORPORATED). Andebson, Sir Robert K.C.B. The Rt. Hon. Sir Wm. Rey- NELL AxsoN, Bart., P.C, M.P., D.C.L. The Rt. Hon. The Lord avebury, p.c. J. M. Barrie. Sib Alfred Bateman, K.C.M.G. Robert Bateman. F. E. Beddard, F.R.S. Mrs. Belloc-Lowndes. The Rt. Hon. Augustine BiRRELL, P.C. Mrs. E. Nesbit Bland. The Rev. Prof F.R.S. The Rt. Hon. James Bryce, P.C. The Rt. Hon. The Lord burghclere, p.c. Hall Caine. J. W. COMYNS Carr. Egerton Castle, F Edward Clodd. W. Morris Colles. PRESIDENT— THOMAS HARDY, O.M. COUNCIL. The Hon. John Collier. Sir W. Martin Conway. The Rt. Hon. The Earl CURZON, G. C.S.I. Austin Dobson. Sir Arthur Conan Doyle. Douglas Freshfield. Edmund Gosse, C.B., LL.D. Sydney Grundy. Sir Rider Haggard. Mrs. Harrison (" Lucas Malet"). Anthony Hope Hawkins. E. W. HORNUNG. Maurice Hewlett. W. W. J.\COBS. BoNNEY, ' Henry James. Jerome K. Jerome. Henry Arthur Jones. J. Scott Keltie, LL.D. RuDYARD Kipling. Sir Edwin Ray Lankesteb, F.R.S. Lady Lugard (Miss Flora L. Shaw). Mrs. Maxwell (M. E. .S.A. Aylmer Maude. The Rev. C. H. Middleton- Wake. Prof. Gilbert Murray, M.A. Sir Henry Norman, M.P. Sir Gilbert Parker, M.P. Sir Arthur Pinero. The Rt. Hon. Sir Horace Plunkett, K.P. Hesketh Prichard. Arthur Rackham. Owen Seaman. G. Bernard Shaw. G. R. Sims. Dr. S. Squire Sprigge. Francis Storr. Sir Charles Villiers Stanford, Mus. Doc. Mrs. Humphry Ward. H. G. Wl-ILLS. Percy White. Field -Marshal The Rt. Hon. The Viscount WOLSELEY, K.P., P.C, &c. Sir Alfred Bateman, K.C.M.G. Mrs. Belloc-Lowndes Mrs. E. Nesbit Bland. Anstey Guthrie. Braddon). COMMITTEE OF MANAGEMENT. Chairman — Dr. S. Squire Sprigge. J. W. CoMYNs Carr. Hesketh Prichard. Maurice Hewlett W. W. Jacobs. Aylmer Maude. PENSION FUND Chairman — Dr. S. I Owen Seaman. Arthur Rackham. G. Bernard Shaw. Francis Storr. COMMITTEE. Squire Sprigge. I Mrs. Alec Tweedie. Anthony Hope Hawkins. 1 M. H. Spielmann. | Mrs. Humphry Ward. COPYEIGHT SUB-COMMITTEE. H. a. Hinkson. E. J. MacGillivray. The Hon. John Collier. Sir W. Martin Conway. Sir Charles Villiers Stanford, Mus. Doc. M. H. Spielmann. AET. John Hassall, R.I. J. G. Millais. Herbert Sullivan. Sir James Yoxall, M.P. Arthur Rackham. M. H. Spielmann. Rudolf Besier. C. Haddon Chambers. Anstey Guthrie. Miss Cicely Hamilton. DRAMATIC SUB-COMMITTEE. Chairman — R. C. Carton. G. Bernard Shaw. Miss E. M. Symonds. James T. Tanner. Jerome K. Jerome. W. J. Locke. Justin Huntly McCarthy Cecil Raleigh. COMPOSERS' SUB-COMMITTEE Chairman — Sir Charles Villiers Stanford, Mus. Doc. Granville Bantock. Percy C. Buck, Mus. Doc Thomas F. Dunhill. Arthur Somervell. Herbert Sullivan. William Wallace. Cecil Forsyth. Sidney Jones. John B. McEwen. Q^7- -. ^^ ( Field, Roscoe & Co., 36, Lincoln's Inn Fields, W.C. aoLicuors I ^ Herbert Thring, 39, Old Queen Street, Storey's Gate, S. W. James Byrne, 24, Broad Street, New York, U.S.A., Legal Rejyi-esentative in America. Secretary — G. Herbert Thring, Solicitor in England to La Societe des Geyis de Lettres. OFFICES— 89, OLD QUEEN STREET, STOREY'S GATE, S.W. PKlUI Scs THE MAIN SOCIETY OF AUTHORS. (INCORPORATED.) FOUNDED BY SIR WALTER BESANT. President : THOMAS HARDY. The Society of Authors was incorporated in 1884 under a Board of Trade Licence.* Paragrapli (1) of the tliird section of its memorandum of association runs as follows ; — To represent, further, aid, and assist the objects, and to protect the rights and interests in their works, of authors of every kind of literary, dramatic, artistic, scientific, technical, educational, and musical works and pu-blications, and the rights and interests in the same of the assigns and representatives of such author. Other objects are set out in the memorandum, but para- grai)h (1) contains the great principles advocated by tlie founders. * For conditions of membership, subscription, etc., see p. 15. 5132 { i ) Sir Walter Besant was chiefly instrumental in bringing this society into existence. It was begun in a small way by a few of tlie earliest members joining as life members. It gradually grew from year to year, till now the membership is over 2,000. Its income and funds have increased with the number of members. At the present date, 1912, it has an annual income from subscribers of nearly £2,000 and invested funds of over £2,000. It is hardly necessary to put forward the reason for the society's foundation ; but a few points may be stated. Authors, dramatists, composers, and artists, as a conse- quence of following their art, are as a rule unbusinesslike, ignorant of the market values, the extent and limits of their property, ignorant of the laws which govern their products, and lastly — ungregarious by nature — lacking that collective force which nowadays is obtained in other profes- sions and businesses by associations or trade unions. The purchasers of their products are business men, born and trained in all those matters of which the producers are ignorant, and wanting to buy in the cheapest market. In many cases they took a gross advantage of this ignorance ; and discontent became rife. In the first years of the society's foundation, founded as it was by authors and dramatists, the greater part of its work was for authors and dramatists only, but as its numbers increased it gradually embraced all those — composers and artists — included in paragraph (1), set out above. It was felt that a better regulation of trade methods would give independence to those who had often to take ( f. ) humbly whatever they could get, with no other allies but their own reputation and the competition of the trade. In fact it was necessary for the society, through its com- mittee, to start from the very beginning to find out the costs of production of books, of plays, of illustrations, of music, to find out the prices at which it was customary to sell these to the public, and then to reckon whether the author, dramatist, composer, and artist obtained his fair share of the profits. In order to accomplish this it was essential that the agreements which contained the terms of sale should be exhaustively studied, and that accounts, especially when they included the cost of production, should be carefully checked. The society collected a great deal of knowledge on the points set out, and this knowledge has been gradually added to during the years of the society's existence. The society has now at its disposal a vast mass of information on all the points dealing with the cost of production, copyright property, and performing rights, which it would be impos- sible to obtain elsewhere. It gives information to its members of the limitations of their property, the value of their rights, and guides them as to the disposal of these rights when the work is produced in different forms, in dift'erent countries, and at different prices. Its advice to composers embraces various other matters, such as the rights of adaptation and arrangement, and to some composers the value of their performing rights as well. To illustrators, the value of the rights in their original illustrations and in the reproduction of their works by different mechanical ( 6 ) processes, photogravure, mezzotint, etching, etc. To dramatists, tlie value of their performing rights in London, the provinces, the colonies, in America, their translation rights and the value of all other methods of dealing with dramatic property. In all these matters the society endeavours to assist its members. WHAT THE SOCIETY UNDERTAKES TO DO. . 1. The society aims at defining and establishing the principles which should rule the methods of conducting the business connected with these various properties. 2. The society examines contracts and agreements sub- mitted to authors, dramatists, composers, and illustrators and points out to them the clauses which are injurious to their interests, and, what is of more importance and more difficult to ascertain, what clauses should be inserted that are omitted, advises as to what rights should be transferred, and has special knowledge for its members with what publishers, editors, managers, and others they should deal. Many of the members do not comprehend that they are practically destroying certain rights when they transfer them to English publishers and English managers ; that in the case of literature, they are losing many markets by recklessly transferring serial rights to editors, papers, magazines, and literary syndicates ; that in the case of dramatic rights, they are curtailing their profits by not making separate contracts for the separate markets of the world. It seems hardly necessary to remark, were it not that the fact is so often forgotten, that this special informa- tion could not be obtained anywhere else, and that the ( 7 ) technical legal advice could only be acquired through an ordinary solicitor at the expense of from £2 to £S. The great majority of the legal profession, however, have very little knowledge of the special kind requisite for this work. In consequence, the £2 or £3 might often be wasted. The guinea subscription to the society seems to be, on this item alone, a moderate charge for the work done. 3. The society advises authors and composers as to the best publishers for their purpose, and does its best to keep them out of the hands of unscrupulous traders. Such information as the society possesses and is willing to impart to its members has been acquired at considerable cost, by extensive enquiry and with great trouble. 4. The society advises its members as to the best editors, magazines, and syndicates to which to sell the serial use of their work, and again keeps them out of the hands of unscrupulous traders. 5. The society advises dramatists and composers in a similar way with regard to their performing rights, and the terms on which a licence to perform should be negotiated. (). The society looks through literary and dramatic accounts, and if there is any reason to suspect that they have been irregularly issued, it undertakes with the approval of the committee, at its own expense, to appoint an accountant and to pay all costs incidental to investigating the same. If, however, the committee are not willing to undertake the expense, the society appoints a reliable accountant to vouch the accounts on the member's behalf, but at the member's expense. This vouching of accounts ( 8 ) is no ordinary accountant's work, but requires particular technical skill which can only be obtained throusfh the oflRces of the society. 7. The society examines estimates of the cost of produc- tion, so that in the case of a member paying for the printing, etc., he should not be over-charged. This is most advantageous to writers of educational, scientific, technical, etc., books. These are often young and struggling profes- sional men to whom it is of vital importance that they should lose as little as possible by the cost of production, and the payment of one guinea per annum seems but a small fee for the knowledge which the society has so laboriously acquired, and which may save the member from a substantial loss. 8. The society is ready to protect any member against the infringement of his property, or any breach of his contracts, and to endeavour to obtain the recovery of MSS., literary, musical, or dramatic, which may have been sent to editors, publishers, or managers, and not returned, through the intervention of the secretary. If the society is unable to protect a member in the recovery of money or M8S., or in obtaining damages for the breach of his contract, or the infrin2:ement of his rights, throujjh the intervention of the secretary, then, with the sanction of the coQimittee, or the chairman, it takes action and carries the matter right through a court to judgment, paying all the expenses incurred. In these cases, even if successful, it has to spend more money than would be covered by many years' subscrip- tions. In cases of bankruptcy, the claims of all its members are placed in the hands of the solicitors and what is possible is done to secure payment. All legal work and formal ( 'J ) proof of debt, etc., is carried througii without any charge to its members. 0. The society upholds, with the sanction of its committee and chairman, by legal action if necessary, the important principles on which literary, dramatic, and musical property is based. It sometimes happens that authors, literary and dramatic, and composers, of undoubted position consider that they have no need of the society's assistance in settling their contracts, in advising them as to the limitations of their property and in collecting the monies due under their agreements. This may, perhaps, be the case if the author, dramatist, or composer chances to have special knowledge and special business aptitude ; but he can never prevent the infringement of his property in foreign countries, in the colonies, and in America. It is, therefore, essential that he should join the society, for the society endeavours to protect its members against these infringements all over the world, and has carried through successful actions in America Germany, Spain, Austria, France, Sweden, and in many of the colonies. Again, it is necessary to point out that the guinea annual subscription is a cheap insurance, and that an author or dramatist standing by himself might, of necessity, suffer himself to be robbed rather than undertake an action in a foreign country, which, even if successful, would be a great expense and trouble. If this robbery passes unpunished it tends to reduce the value of the property of all members of the profession. 10. The secretary is himself a solicitor. He is competent, therefore, to give from his collected knowledge a legal ( 10 ) opinion on most questions that are put before hira with regard to the property of the society's members. In cases of doubt or grave import, he can call in the society's consult- ing solicitors to back his opinion. The guinea annual subscription to the society will cover this advice, even though many questions on different points are placed before the solicitors of the society, or the secretary, during the year. Such legal advice, if indeed it were obtainable, could hardly be covered by the fee of one guinea from an ordinary solicitor, especially if many questions were asked during the year. Further, if the case in dispute is a matter of great difficulty, or should need the weight of a great legal name to enforce it, with the sanction of the committee, and at the society's expense, the opinion of some eminent counsel is obtained and published for the benefit of the members. The society has its consulting solicitors m England, America, and in all the great Continental countries. 11. The society publishes from time to time books and papers on the subjects which fall within its provinces. 12. The society issues a monthly paper, The Author, devoted to the maintenance of copyright property. In it are published from month to month facts and figures relating to the cost of production, the sale of books and everything connected with publishing and dramatic contracts, and the leading decisions in the courts on literary, dramatic, and musical property, and all questions that deal with the technical side of an author's rights. It is the only paper which deals with these subjects. It is issued free to all members of the society, but members are invited to pay for ( H ) it if they can do so, at au annual subscription of 5.s-. Qd. The present circulation of The Aiitfior is about 2,500 per month. The above paragraphs refer to the action of the society in maintaining the property individually of each of its members, but it does besides an enormous amount of work for its members collectively. It has appointed a Dramatic Sub-committee, an Art Sub-committee, and a Copyright Sub-committee, to deal with the special questions and special issues that may arise. Whenever a new Copyright Bill is under consideration in whatever part of the world, the terms of the Bill are carefully considered by some of the committees appointed, and, if it is possible and expedient, the committees' views are sent to the authorities or to the Government endeavouring to negotiate the Bill. Action of this kind has been taken recently (1908) with regard to the United States Copyright Bill, with regard to the Berlin Convention, and with regard to the domestic legislation of Great Britain and the colonies. A great deal of money has been spent in collecting information and bringing, when possible, the weight of the society to bear. The committee of management have ungrudgingly given their time and their labour to carry out the best interests of the members. It will be clear to those who are not members of the society, as well as to those who are, that it would be impossible to carry out this, the most important of all objects, copyright reform, unless such a body of authors, dramatists, and composers existed, not only because of the money that it has been necessary to spend, but also because ( 12 ) of the impossibility of any individual to speak with authority on behalf of his brothers of the profession, except through the means of this society. These facts make it essential that the society should obtain the support of everyone who holds property in copyright or performing right, even though they should not need the assistance of the society in other ways. The committee have put forward these main heads of the society's work, but think it necessary to mention that in addition there are numerous minor points touching the property dealt with that constantly come to, and are settled by, the secretary. Because certain complaints have been made by those who, on joining the society, have expected it to do what it never undertook to perform, the committee emphasize the pecuniary value of the work done by the society for its members. It should be borne in mind that, although a member may not have had occasion to seek the assistance of the society, in drawing an agreement or in auditing an account, he may have benefited very greatly by the action of the society in other ways. For example, many practices of overcharge for production, of charging for advertisements not paid for, of offering ridiculous royalties, have been rendered difficult and dangerous ; this is entirely due to the action of the society. It cannot be put too strongly that every case taken up by the committee and pushed through to the end helps every single man or woman engaged in the literary or dramatic profession. Lastly, this society is the only institution which exists in this country for the protection of copyright property. It ( 13 ) is, therefore, one which demands the support of all those who originate this form of property. The protection and help it is able to afford increases year by year. The influence it has produced upon the character of agreements is already Tery marked. This influence must now be felt, either directly or indirectly, not by members of the society only, but by all who write. The society therefore is working for all, whether they belong to it or not. It is unfortu- nately a fact that many who are deriving immense benefit indirectly are not members of the society. They are reaping where they have not sown. It is not fair that those who are benefited by the society's action should stand aloof and refuse to come in, and leave to the rest the burden of support. The society numbers over 2,000 members at the present date (1912), amongst whom are most of the leading men and women of letters, and dramatists. But the com- mittee consider that the society should number three times that amount. They desire that everybody who produces copyright property, and so makes himself a member of the great guild, should feel that it is his duty to support the only society which has ever existed for the maintenance of his rights. Again, the committee feel it necessary to state emphatically that substantial progress in their objects will follow in direct proportion to the increase in membership. As the muster-roll includes more and more all living producers, so the association comes to be considered the one body which can give advice and assistance to aspirants to the profession of letters. When the Society of Authors can fairly boast that it speaks and acts in the name of the ( 1-i ) entire body of English producers of copyright property, the mere material interests of the profession will ])e protected and advanced in a manner hitherto unknown and 'anattempted. Before closing the prospectus of the work of the society, it should be stated that about ten years ago the society started a small pension fund for the benefit of its members. This has grown gradually, and increases year by year. At present it has over £5,000 invested, and has an annual subscription amounting to about £250. It is giving five pensions, which at the present time (1912) exhausts the income of the fund. G. H. Thring, Secretary of the Incorporated Society of Authors. ( 15 ) CONDITIONS OF MEMBERSHIP. I. Members. The subscription is one guinea annually, payable on the 1st of January of each year. The sum of ten guineas, paid at one time, for life membership entitles the subscriber to full membership of the society. Cheques and postal orders should be crossed "The Union Bank of London, Limited, Chancery Lane Branch " ; or, "The London Joint Stock Bank, Limited, Westminster Branch." Ilie names of those who wish to be proposed as members may be sent at any time to the secretary at the society's offices. Subscriptions paid by members elected after the 1st of October will cover the following year. The secretary can be personally consulted by appoint- ment except on Saturdays. All communications made by the secretary to those seek- ing his advice are absolutely confidential, and on this undei'- standing alone advice is given. II. Associates. Persons who have not published a book, or other literary, musical, or artistic composition, or who have not produced a play, can only join the society as associates. The subscrip- tion and the advantages to be obtained by associates are the same as those bv members, the difference being that an ( 16 ) associate has no power to give a vote at the general meeting, or for the annual committee elections. On notifying the secretary of the publication of a book, their names will be transferred to full membership ; otherwise the election to membership is in the hands of the committee. III. Corporate Bodies. " It was resolved that if it was thought advisable the com- mittee would elect the chairman or other officers of any corporate association as a member of the Authors' Society to represent such association on payment of two guineas per annum on behalf of such association. The chairman or other officers thus elected would be entitled to all the benefits of the society for the publications of the association, and for advice with regard to the details of the body corporate, but not to advice on behalf of himself or any individual member of such association." READING BRANCH. Regulations Concerning JIanuscripts. 1. The society has a staff of readers who are competent to give a critical report upon MSS. submitted to them. The society deals with the MSS. of non-members as well as members. 2. The fee for this service will for the future be one guinea, unless any special reason be present for making it higher or lower. The amount must then be left to the secretary's discretion. 3. For this sum a report will be given upon MSS. of (, 17 ) the usual one vol. Us. length, or upon collections of stories making in the aggregate a work of that length. 4. In every case the fee and stamps for return postage must accompany the MSS. 5. The fee will be given entirely to the reader. 6. Except under special conditions the readers will not attempt to give an opinion upon the technical character of a work. In some cases, however, the society will when required obtain a technical opinion. 7. It is requested that a label may be sent with the MSS., having upon it the author's name, the nom de2ylu'>ne (if any) under which the work is written, and the address to which the MSS. is to be returned. This communication will be held as confidential. 8. The society, while it takes every possible care of MSS. entrusted to it, is not liable for damage by fire or otherwise. WARNINGS. Members of the society, whether authors, musical com- posers, or black-and-white artists, are most earnestly warned — 1. Not to sign any agreement of which the alleged cost of production forms an integral part, unless an opportunity of proving the correctness of the figures is given them. 2. Not to enter into any correspondence with publishers who are not recommended by experienced friends or by this society. ( 18 ) ?>. Never, on any account whatever, to bind themselves down to any one firm of pnbh'shers. 4. Not to accept any proposal of royalty without consulta- tion with the society. 5. Not to accept any offer of money for MSS. or drawings without previously taking advice of the society. 6. Not to accept any pecuniary risk or responsibility without advice. 7. Not, under ordinary circumstances, when a MS. has been refused by the well-known houses, to pay small houses for the production of the work. 8. Not to entrust MSS. or drawings to authors' ao-ents or enter into any contract with them unless advised to do so by experienced friends or by the society. WARNINGS TO DRAMATIC AUTHORS. 1. Never sign an agreement witliout submitting it to the secretary of the Society of Authors or some competent legal authority. 2. It is well to be extremely careful in negotiating for the production of a play with anyone except an established manager. 3. There are three forms of dramatic contract for plays IN THREE OR MORE ACTS : — (a.) Sale outright of the performing right. This is unsatisfactory. An author who enters into such a contract should stipulate in the contract for production of the piece by a certain ( lit ) date and for proper publicatiou of his name on the pLiy-bills. (/>.) Sale of performing right or of a licence TO perform on the basis of percentages on gross receipts. Percentages vary between 5 and 15 per cent. An author should obtain a per- centage on the sliding scale of fjross receipts in preference to the American system. Should obtain a sum in advance of percentages. A fixed date on or before which the play should be performed. (c.) Sale of performing right or of a licence TO PERFORM ON THE BASIS OF ROYALTIES {i.e. , fixed nightly fees). This method should be always avoided except in cases where the fees are likely to be small or difficult to collect. The other safeguards set out under heading (b.) apply also in this case. 4. Plays in one act are often sold outright, but it is better to obtain a small nightly fee if possible, and a sum paid in advance of such fees in any event. It is extremely important that the amateur rights of one-act plays should be reserved. 5. Authors should remember that performing rights can be limited, and are usually limited by town, country, and time. This is most important. (). Authors should not assign performing rights, but should grant a licence to perform. The legal distinction is of great importance. 7. Authors should remember that performing rights in a ( 20 ) play are distinct from literary copyright. A manager holding the performing right or licence to perform cannot print the book of the words. 8. Never forget that American rights may be exceedingly valuable. They should never be included in English asrreements without the author obtaininc: a substantial consideration. 9. Agreements for collaboration should be carefully drawn and executed before collaboration is commenced. 10. An author should remember that production of a play is highly speculative : that he runs a very great risk of delay and a breakdown in the fulfilment of his contract. He should therefore guard himself all the more carefully in the becrinninsr. 11. An author must remember that the dramatic market is exceedingly limited, and that for a novice the first object is to obtain adequate publication. As these warnings must necessarily be incomplete on account of the wide range of the subject of dramatic contracts, those authors desirous of further information are referred to the secretary of the society. PUBLICATIONS OF THE SOCIETY. 1. The Annual Report. That for the past year can be had on application to the secretary. 2. The Author. A monthly journal devoted especially to the protection and maintenance of literary, dramatic, and musical property. Issued to all members. Back numbers are offered at the following prices : Vol. L, ( 21 ) 105. 6