Part 24

In order to obtain a renewal of a copyright, the claim and the title must be filed on a form provided for the purpose with the Register of Copyrights "within six months before the expiration of the first term," which would be sometime between twenty-seven and one-half and twenty-eight years from the date of filing the original title. The copyright period runs from the date of filing the original claim, and not from the time of depositing the books, and great care should be taken to ascertain the date of the registration of the original title, and to compute the time so that the filing of the application for renewal will surely fall within the specified six months. The renewal period is fourteen years, and the fees are the same as in the case of the original application, but a certificate, or copy of the record, of the renewal claim must be taken and paid for by the claimant.

Only one copy of a book is required to be deposited to complete the claim for a renewal term of copyright. This copy also must be delivered within "six months before the expiration of the first term," and should be accompanied by a receipt as in the case of the original deposit. In order to complete the claim, a copy of the certificate must be published verbatim, within two months of the date of renewal for four weeks in one or more newspapers printed in the United States.

In obtaining international copyright, publication on the same day here and abroad is necessary, and this is sometimes a cause of considerable inconvenience in actual practice. When a New York publisher wishes to copyright in England a novel which he is about to publish, he must prepare six special copies of the finished book, bind them in cloth, print the copyright notice on the back of the title-page, and the name and address of the London firm or the individual who is willing to act as the English publisher of the book, and forward the copies to that person. At the same time he will write to this agent, telling him of the shipment and requesting him to enter the book for copyright and publish it in England on or about such a date. He will, of course, allow sufficient time for the books to reach London, and he will carefully point out in his letter any American holidays which occur near the probable date of publication. Upon receiving the books, the London agent will cable the New York publisher the date on which he will publish the book, taking care to allow an interval of a day or two, because of a possible delay.

On the day agreed upon, the New York publisher proceeds to copyright and publish his book in this country in the usual manner, while the London agent does the same abroad, delivering to the British Museum one copy of the book, and to Stationer's Hall, for use in certain libraries, four copies. Both of them will on that day sell at least one or two copies which will constitute a legal publication.

It is the custom with many publishers to establish the publication day of all of their books, by displaying a few copies, or by actually selling one or more copies to some one. In the case of a very popular copyrighted book which it is desirable to have the retailers all over the country begin to sell on the same day, it is deemed safer to make this technical publication before any of the books are distributed through the trade. A record of the first sales entered in a publisher's sales-book in the course of business would effectually prevent any one from claiming in after years a right to reprint a book on the ground that the claim, title, and copies were not originally filed until after the book had been put upon the market.

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.

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.

One general rule should be most strictly adhered to in publicity, and that is, be honest and be sincere. Nowhere is the rule "honesty is the best policy" more unanimously justified. You may be as enthusiastic as you please, but the book should be put forward for what it really is. Only under such handling does it stand a chance for the full success its qualities warrant. This all reverts to the question of the editorial conception of a volume. Some books are not made for great sellers; they are written for the keen enjoyment of a select educated few; and if so presented that they fall into the hands of the popular novel devourer, they will surely be condemned, and the condemnation will reach and have its effect upon many who should legitimately have bought the book. On the other hand, a novel of no literary quality thrust into the hands of a person of bookish tastes will make an influential enemy, who will doubtless have among his followers many persons to whom the book would appeal. It is best to find out what people will take the book, and advertise it to them. The process of emasculating your presentation of it by cutting out everything that would keep anybody from reading it is a dangerous one. The dislikes of the world of readers are too many for one to be able to dodge them all, and, after all, most of us like a positive rather than a negative volume. Just because many people do not read essays,--to take an extreme case,--is no reason for avoiding the statement that yours is a volume of essays. Fortunately, there are thousands upon thousands of people who do read essays; and if the book is a good book of essays, they will bring their influence--that word-of-mouth influence which is almost as powerful as a "puff" by President Roosevelt--to bear upon non-essay reading people, and you will be the gainer by that much for your wisdom and honesty.

These observations are germane, and worthy consideration because commercialism and the endeavor to produce big sellers are always an influence to overstate, misstate, and be extravagant in the praise of a volume. But such extravagance always discounts itself in the mind of the reader, and experience has pretty definitely proved that what a prospective buyer wants is a straightforward concise indication of the story and its quality. A word of praise quoted from a review may help him make up his mind, yet he probably knows it is a pretty poor book of which some newspaper doesn't say "Holds the reader's interest from cover to cover" or "We hail the author of this volume as one of the most promising of our American writers."

In considering the practical details of publicity, it will be clearest to take them in chronological order. First: The book should be thoroughly and critically read. The person in charge of the publicity ought to have every volume put into his hands as soon as it is accepted. When he has read it thoroughly and has formed his idea of it, he discusses it thoroughly with the person responsible for its acceptance. From this discussion, in which the sales department is represented, evolves naturally the "editorial attitude" upon which every line of future publicity and every sentence of salesman's talk will be based. Without a complete understanding throughout the establishment of the "editorial attitude" the entire publicity will be aimless and unconvincing.

The first work in publicity on a season's book is probably the catalogue, which must be had ready for the salesmen when they go off on their trips. The aim of the catalogue is to present as full an account of the book as possible. It is meant for the eye of an interested person, who can be counted upon to read rather a lengthy notice. Every possible detail of price, number of illustrations, paper, size, kind of binding, table of contents, previous works by the same author, are given, and thus it becomes a complete reference book. It is the general custom of publishing houses to issue a complete catalogue in the Fall, with a supplemental catalogue in the Spring containing the books of the Spring season. Most firms also bring out a Fall list, to present their Fall books, which would be buried beyond notice in a bulky complete catalogue. In this Fall list not infrequently the Spring books are included, making what is really an annual catalogue. These three catalogues are essential, and they are as a rule supplemented by many special book lists and pamphlets. A holiday catalogue is a steady institution in nearly every publishing house. Its aim is to present to Christmas buyers the most attractive volumes of the house's issue, and it is usually elaborate, with many illustrations, a fine cover, and it is often printed in colors. Then there are frequently issued catalogues of books on special subjects, art, children's books, special editions, etc.

The uses of catalogues are many. A large number are sent to the publisher's best friend, the bookseller,--sometimes imprinted with his name,--who distributes them. They also go out by mail to special lists of people who are known to be interested in books, and a large number are sent to persons who write asking information.

In elaborateness the circular follows close on the catalogue, and it has quite as wide if not a wider field. It is large or small, depending upon the importance of the book. Sometimes it reaches the dignity of a bound pamphlet, but it is usually a single leaf or at most a four-page folder. Here again, all necessary information of price and contents is given at length. But as the person into whose hands the circular falls cannot be counted on to be interested beforehand, the whole make-up and arrangement of the circular is calculated for drawing attention and fixing interest. The circular, therefore, must be made attractive.

And here should be introduced a word in general on the appearance of the printed matter that is sent out by a publishing house. It must be good printing. It must be attractive printing. It is the indication to the people whose eyes it meets of the work of the house it advertises. Few people want to buy badly made books; and, unconsciously, if a circular or catalogue is commonplace and badly printed, those qualities will be attached to the book advertised. And it is quite true, on the other hand, that the distinction and comely appearance of a circular will prejudice in favor of the book. Moreover, a circular's service can be rendered only when it attracts attention, and what is spent in aiding it to catch the eye, through making it artistically beautiful and printing it in color, will bring its return and more in the added efficiency produced. There are, doubtless, people who would not be affected by bad printing, but people of taste, the people who most influence the sale of books, are sure to be antagonized.

Probably, the most useful circular of all is the little leaf or "slip" circular. It is printed on both sides, and is inserted between the leaves of books of similar interest to the one it advertises, usually about three to a book. It is made the size of the ordinary business envelope, for it is also used in direct circularization of lists and as an enclosure with bills, statements, and sometimes with general correspondence. Often, when advertising two or more books, it has four or even eight pages, though the latter makes it almost too bulky for insertion in books. These larger circulars have an order form attached giving the list of books, and a place for the name and address of the prospective buyer,--a device to make it as easy as possible for him to order his selection. When such circulars are inserted in books either the order form is left off, or something substituted in its place, for, as can readily be seen, the order form is a bid for direct business by the publisher which would naturally be obnoxious to the bookseller. Larger and more elaborate circulars than these as a rule are used only for direct circularization. The subject of circularization is much too important and complicated to be exhausted in a few paragraphs, or even in an extended article. Enough has been said here, however, at least to suggest the circular's field.

The next problem in publicity to be taken up is the poster. The poster has had its ups and downs, and in some quarters is a somewhat discredited form of advertising, but it has its value. The booksellers always demand posters. The one great argument against them is that posters good enough to attract attention, that is, with a good design and in colors, are somewhat expensive for book advertising. If properly exhibited, they sell books, but the difficulty lies in the fact that if they are too attractive, they are likely to find their way into a poster collector's portfolio before they have been exposed long on the board. Yet, especially with leading books of fiction, this is one of the risks that must be taken, for with each such publication, the public eye must be caught with the fact of the book's issue, and for this purpose a striking poster has no equal. For serious books inexpensive clear type posters are quite sufficient.

The book being now nearly off press, there will be needed some matter for the paper jacket that slips over and protects the cloth cover while the book is on the stall. Most important is the brief note on the front that serves to indicate the quality of the volume and thus guide the purchaser. On a book of fiction fifty or not more than seventy-five words of the very best possible presentation of the book is required. Here is the place where most of all the prospective purchaser's interest must be aroused. Here the most felicitous publicity inspiration is needed--and the problem is to indicate the story, yet not tell it, and to pique curiosity to the buying point. On books of a serious nature a jacket note is just as essential, if not more so, but the problem is different. The prospective purchaser of such a book as "Irish History and the Irish Question," "The Flower Garden," for example, has an interest in the subject already aroused. What he wishes to know is the scope of the volume and the manner in which the subject is treated. The note for such a volume, therefore, should contain a plain, straightforward statement of the importance of the book, the point of view taken, a brief table of contents indicating the most important divisions of the subject, and some mention of the author's special qualification for writing the volume. On the back of the paper "jacket" and on the little flaps that turn at the sides of a book, it is customary to put advertisements of cognate books. Often these paper jackets are treated in elaborate poster style, and for good reason, since as a rule they are the first part of a book a buyer sees, and his attention is not likely to be attracted if only cheap paper be used.

The date of the book's publication has probably now been set, and the next step in publicity--a most important one--is the sending out of review copies. This is the last thing in which haphazard methods would be permissible. The list of newspapers who get complimentary copies should be carefully selected, not so much with an eye to size of circulation, as to quality and standing. A paper that is known to give attention to books is worth two that have merely large circulations and no distinction; first, because the books sent will be appreciatively reviewed, and, second, because people in the habit of buying books will consult the review columns and be influenced by them. There are possibly one hundred and fifty or one hundred and seventy-five papers in the United States to whom it would be profitable to send a book. A great many more, however, think they should receive them. With even the most popular novel two hundred review copies is a generously sufficient number to place for review. In deciding where these should go, the contents of the book itself is of course the guide. Some books can be calculated to appeal more to one section of the country than to another because of their subject-matter. Certain classes of people--ministers, school-teachers, sportsmen, doctors--can sometimes be drawn upon by the judicious distribution of a few complimentary copies, to assist the sale of a book, and then there is the home of the author, where special attention can always be expected.

Opinions differ as to the amount of influence exerted by reviews upon the fortunes of a book. It is certainly true that to trace direct returns from reviews is often difficult. Frequently books which are splendidly reviewed move slowly, and there seems no explanation of their failure to "catch on." They may be, and frequently are, books of real value and quality. The history of publishing is full of such mysteries. On the other hand, returns are visible enough when a book is slated by the press; there its power is amply evident.