Not "My Way or None." We know of no ill-humor on our part in any connection with the reform movement, and we take it for granted that we have no need, at this date, to defend to the trade the honesty of our opinions. But the Messrs. Lippincotts' letter, printed elsewhere, aside from any imputations in these directions, charges us so directly with vacillation and tergiversation, that a reply to this part seems desirable in connection with what we have to say upon the general subject. It is perhaps the misfortune of those endeavoring to present non-partisan opinions, that they are apt to be misunderstood-often by both sides. What we try to give expression to, is the best interest of the whole trade, aside from any questions of class, section, or house, and with the best light we can get from all quarters. It seems to us that the mistake of the accusation which the Messrs. Lippincott bring against us, as of their position in general, is that it ignores all but a part of the facts. It appears as though most of what we have been saying for a month back had been skipped by the writer of the letter, just as the brief note of acknowledgment, printed in our. last, ig- | nored most of the letter which called it forth. What is said and what is done in the reform must be judged in the light of what else has been said and done: history can not be ignored. And we do not think our correspondents do well in impugning, at this date, the motives of members of the trade who have been associated with the reform so continuously and thoroughly. That the one house which for so long declined to co-operate with the trade should now suggest that the resolution agreed upon by all the leading houses of the Eastern regular trade, save themselves, was signed “for appearances only,” is a slur which | does not honor them. mean every thing or nothing, and which we certainly hoped meant every thing. We spoke strongly in favor of the immediate adoption of this better plan which they had brought forward, and said that even in school-books," with general concurrence, there is no reason why this should not be brought about." We said that any house that should hesitate to give in its adherence, would stamp itself as in opposition to the trade, and we may say that we still hold that declination to sign the new platform would be hostile to the interests of the trade, although it is frankly to be acknowledged that we were premature in using the word "hesitate." Certain facts which afterward came to light, among them the denominational laws behind the religious publication societies, showed that, anxious as the leaders of the reform were to reach the new platform, there were difficulties in the way of its immediate operation. We never held our opinion so stubbornly as to be beyond the reach of new facts; if that be vacillation, “make the most of it." We could have wished to have seen a meeting of the Central Association, and an endeavor made to procure the signatures for the new platform. But its strongest supporters, it proved, believed that until the new force of the next convention, this would be labor lost, and heartily pledging their co-operation with the Messrs. Lippincott then, they addressed a letter to them, asking them to adhere during that brief time to a resolution which all but they, among the leading houses of the general trade, had agreed to. In response to that letter came only a curt acknowledgment which ignored nearly all that had been so courteously said, as their present letter ignores most of our editorial remarks. These new facts, again, put a new face upon the spirit of the Messrs. Lippincott's letter of March 23d. Our only essential vacillation," if such it be, was from over-much reliance, if such their action proves it to be, on the co-operative spirit which we hoped their letter foreshadowed. We heartily and cordially accepted the Messrs. Lippincott's letter of March 23, because its platform, with the minor emendations which we naturally left to the second part of our re- Those whose honesty in this reform can not marks upon it, is one in which we did and do be doubted by reflective people, generally agree, believe, and still more because it seemed to in- contrary, as we have said, to our first impresdicate that they at last felt the force of the re- sion, that, because of certain facts newly form movement, and were willing to co-operate brought forward, the advanced platform can with the trade. To our view, this assured the not be made general before the next convention. triumph of the reform. We did not want to do They believed it would therefore be unwise, them what we hoped would be the injustice of would put things back instead of forward, supposing that they meant "their way or none." to attempt it. True, "a very large majority That has not been our notion of standing by of the trade" are with the Messrs. Lipthe trade or co-operating with it. We shook pincott in believing that the advanced plathands cordially over their letter, which seemed form is, with one or two emendations, the true to us, as we said immediately afterward, on our one to reach. The majority is not with them, first opportunity after congratulating them, to and particularly those who know most of the growth of the reform movement-in believing that the reform just now possible should be blocked by their insistance on "their way or none." It can not be forgotten that a vast improvement waits only their signature to be made immediately effective. We hope they will not hold aloof. The admitted flaws in the old resolution that would be brought out by time are not dangerous ad interim. While they are holding off to argue their plan, they are losing to all the trade a great benefit. We want nothing better than to sing their praises again, and we hope they will not be so ungracious as to take us to task for giving their letter a complimentary construction which they do not seem willing to admit. An article elsewhere, on the legal aspects of copyright, will give most of our readers facts which will be new to them. It is written by Mr. Rowland Cox, of the firm of Cox & Cox, 234 Broadway, who are making a specialty as attorneys and counselors in trade-mark and copyright cases. This is a department which may well receive special attention, and we are glad to see it cultivated as such. LETTERS TO THE EDITOR. The interests of the trade can not be better served, than by a full discussion by its members of all questions which affect it. Our columns are always open to communications on any such subject, provided they be brief and suggestive, and we cordially invite the trade to express any suggestions or opinions of interest or value in "Letters to the Editor." From the Messrs. Lippincott. PHILADELPHIA, April 19, 1875. To the Editor of the Publishers' Weekly: DEAR SIR: We are much surprised by the tenor of the editorial appearing in the PUBLISHERS' WEEKLY for April 17th, and the vacillation displayed by your comments is alike astonishing. verbal assurances we have received from book. sellers in various parts of the country. There is no occasion whatever to await the action of the Association in order that the plan we suggested may go into operation, and we can not regard a representation that such a delay is necessary but as a mere excuse to evade co-operation in the movement. It would be a very easy matter for the chairman of the committee to at once address a circular letter to the publishers and booksellers of the larger Eastern cities, asking their adoption, on the 1st of June, or sooner if preferable, of full retail prices to all buyers outside the trade, excepting libraries, schoolteachers, and other parties, purchasing to the amount of $100, net, at one time, to whom a maximum discount of twenty per cent might be allowed. It will, at least, thus be ascertained whether those houses so active in the adoption of the Association's resolution really have the interests of the trade at heart, and mean to give this attempt at reform a fair trial; or whether, knowing that the plan was so full of faults that it amounted to nothing, it was signed for appearances only. We fully appreciate that some sacrifices (at least, they may be so regarded) are necessary on the part of the publishers; but every interest at all affected by the plan we propose is represented in our business, and therefore we ask no more than we cheerfully give, in view of the earnest desire of the trade to return to full retail prices. We have considered this question very carefully in all its bearings, and feel satisfied that the views expressed in our letters (appearing in the PUBLISHERS' WEEKLY of March 6th and 27th) are in accord with those of a very large majority of the trade. We fully agree with you that "letter-writing does no good," and would likewise suggest that editorial writing is equally useless when not directed to the support of what is right and just, and acknowledged to be so. Yours respectfully, J. B. LIPPINCOTT & Co. expenses as well as the cost, he might be more careful how he lets out his stock at what may appear a profit, but is, in fact, an actual loss when figured with the expense account." AN unfortunate misprint marred the force of a sentence in the excellent letter of our correspondent, "Facts," last week. It should have read: "If every bookseller who gets a book into his store billed at $1 would but consider that the actual cost of that book is $1.20, and that on all he sells of books bought at onethird at (and not ' or ') even one-fifth off, he is When our letter recently appeared, propos-making no actual profit, but is getting out his ing the adoption of retail prices, without class exceptions, you expressed your unqualified approval of the plan, and stated that any house that should hesitate to give its adhesion to this platform would stamp itself, instead of Messrs Lippincott & Co., as in opposition to the trade." The facts remain unchanged; and why you should ignore this position, and advocate the adoption of another plan, which you admit is not as satisfactory as ours, is incomprehensible to us. The plan we proposed is eminently practicable (while that submitted by the committee of the Association manifestly is not), and fully responds to the wants of the general trade, as is evinced by written and Ar the annual meeting of the Lotos Club, held April 1st, a committee, consisting of Messrs. Whitelaw Reid, John Brougham, John Elderkin, A. Oakey Hall, and Thomas W. Knox, was appointed to co-operate with those who in this and other countries are endeavoring to secure international copyright laws covering literary, artistic, musical, and dramatic works. Of the Right of Property in Designations juris; but " Evenings with Thackeray" would statement of a fact that is essentially publici of Books. BY ROWLAND COX, COUNSELOR-AT-LAW. APART from the provisions of the statute concerning copyrights, there are a number of features, which are incidental to the manufacture of books, that are the subjects of title at common law. While an exhaustive legal classification and discussion of these incidents is not here practicable, their salient points may be hastily touched upon. Whatever right of property there is in any symbol or word, wherever found, or in any thing that serves to individualize an article, depends upon principles analogous to those which underlie the law of trade-marks. But the name of a book is never a trademark, and can not be. For if it is, it is a common-law right which is of the same force in Great Britain as in the United States, and the author may protect it in both countries. This he can not do, for the reason that the right to print a literary composition involves the right to call it what it is. Or, as has been decided, where a copyright fails, the right to the name of the work fails also, the two becoming publici juris at the same time. There would be both fraud and confusion in an American reprint of "Ivanhoe" under the title of "The Knight of the Black Plume," and yet no remedy of any sort. But to publish the story of "Uncle Tom's Cabin" under the title of "Aunt Chloe's Home" would be an invasion of the copyright law; while to print another novel under the name of "Uncle Tom's Cabin" would be an injury involving a remedy of an entirely different nature. In the instance last mentioned there would be no violation of the copyright, but an infraction, to all intents and purposes, of a trade-mark-at least an infraction of a common-law right. But how can the injury be an invasion of a right at common law, and yet be confined to this country? The answer to this is that the exclusive right flows from a statutory privilege. The author acquires the sole right to print the book, and the sole right to call it by its proper name is an inseparable incident which remains in him, ex necessitate rei, as long as he alone can produce it. The sale of another book under the name of one which no other person has the right to sell, is a misrepresentation accompanied by a loss of sales, and an actionable injury under the principles which govern the law of trade-marks. The theory is not unlike that laid down in the well-known Congress-Spring case, in which it was decided that the word "Congress," when applied to water, was the property of the proprietors of Congress Spring, because "Congress water" could only be obtained from Congress Spring, and Congress Spring belonged to the plaintiffs. But it is quite apparent that, in order to be susceptible of protection, the title of a book must be distinctive, and not descriptive. That is, it must be original in itself, or in its application, and not a mere statement of a fact that would be equally true of other and different books. To illustrate: "The Life of Thackeray" could not be monopolized, as it is a mere be of an entirely different nature, and analogous to a trade-mark, the words being invested with a secondary meaning, having relation to a particular volume, and which would be untrue in their application to any other. In addition to the title, under the restrictions mentioned, the names of editions may be protected, as they are in a true sense trade-marks; but, in respect of designations of this class, the same doctrines obtain as in the case of other trade-marks, and they are without legal qualities unless of an arbitrary nature at the time of their application. Thus, "The Riverside Edition" is good as a mark irrespective of the copyright law. "Bric-à-Brac Series" would have been equally valid had it been used to denote an edition, the edition of a particular house, and not as a title to signify a particular collocation. But "American Edition" would be without a single element of force. The imprint of the publisher is, of course, in the nature of a trade-mark, and his technical mark, which consists usually of a symbol or monogram, is a radical example of the true trad. -mark. Beyond these features-the title, names of editions or series, imprint, and technical mark there is no right of property at common law. The statutory provisions touching designs afford a means of protecting any original device that is stamped or otherwise applied to the cover or in the body of the volume. And these provisions may be taken advantage of by the citizens or subjects of the principal foreign nations as well as citizens of the United States. They include every thing that may be properly regarded as a design, from agate type to an elaborate combination for a folio title-page. The copyright act has no true relation to any of the foregoing. Its object is to create a privilege in respect of the literary composition; and unless there be a piracy of this element of the book, its terms afford no remedy. Where there is a piracy of both the composition and title, as above intimated, there is a right of action for an invasion of the copyright; but under no circumstances is this the case where the former is not involved. The leading points above stated have never been fully examined by the courts. They are, however, deductions that are based upon established principles, and will bear, it is believed, the closest criticism. THE Putnams are to publish the series of etchings by Mrs. Eliza_Greatorex,__picturing New-York from the Battery to Bloomingdale," already announced. The plates for the first part are prepared, and they hope to have this ready (including M. Despard's illustrative text) in about a month. It will contain views "Off the Battery" as a frontispiece; of "Castle Garden"; "Through the Trees of the Battery"; up Broadway from the Battery, including No. 1 Broadway; of New-York from Hobuck, after Robertson; of Old St. Paul's, from the river; and of "The Old Jersey FerryHouse.' There will be altogether ten parts, issued at $5 each. BOOKS RECEIVED. HARRY BLOUNT, by Philip Gilbert Hamerton. (Roberts Brothers.) The history of a boy's school-life, presenting the most charming and fascinating volume of reading for a boy's amusement. It carries Harry Blount's story to his entrance into life as a full-grown man, and contains both amusing and instructive passages of his various experiences. It will rank among the best books yet written for boys. 16mo, cloth, $1.50. POINT-LACE AND DIAMONDS, Poems by George A. Baker, Jr. (F. B. Patterson.) These verses are all, of course, "society" verses, as the title indicates. They are exceedingly clever and piquant, with just a dash of graceful satire. The exquisite get-up of the book, and the novelty of the binding, will obtain for it a good deal of notice. It is beautifully printed on heavy red-lined paper, and is embellished by a number of spirited sketches by Addie Ledyard. The binding is ornamented by what seems to be a real lace handkerchief thrown on the corner of the book. Small 4to, cloth, gilt, $3. MUSICAL COMPOSERS AND THEIR WORKS, by Sarah Tytler. (Roberts Brothers.) The plan of Miss Tytler's book is the same as that she pursued in "Old Masters" and "Modern Paint ers." It is a most agreeable mingling of fact and fancy, compiled from the most reliable sources. It is pleasant reading, and also an excellent text-book for young people's reference while pursuing a musical education. The largest space is given to Mozart, Beethoven, Mendelssohn, and Moscheles; but no one will cavil at this, as not a line but is filled with the most intense interest. 12mo, cloth, $2. STRIVINGS FOR THE FAITH. (A. D. F. Randolph & Co.) A number of lectures delivered under the auspices of the Christian Evidence Society. They are intended to combat some of the objections that are raised at the present day in reference to Christianity. They are severally entitled, "Difficulties on the Side of Unbelief in Accounting for Historical Christianity," by the Rev. G. F. Maclear, D.D.; "The Variations of the Gospels in their Relations to the Evidences and Truth of Christianity," by the Rev. T. R. Borks, M.A.; "The Apocrypha! Gospels," by B. Harris Cowper; The Evidential Value of the Early Epistles of St. Paul viewed as Historical Documents," by the Rev. Peter Lonnier; "Lord Lyttleton on the Conversion of St. Paul," by the Rev. John Grilton; "Alleged Difficulties in the Moral Teachings of the New Testament," by the Rev. C. A. Row; "The Combination of Unity with Progressiveness of Thought in the Books of the Bible," by the Rev. J. H. Titcomb; "The Autobiography of John Stuart Mill," by W. R. Browne. 12mo, cloth, $1.50. FIRESIDE HOMILIES, by Henry Alford, D.D. (A. D. F. Randolph & Co.) These "fireside homilies," by the late Dean Álford, given to the world in book form, with the consent of his widow, are more biographical in tone than any other prose work we have from him. They give a most delightful insight to his own charming circle, and reproduce perfectly the Sunday evening conversations, with their artistic atmosphere, from which these homilies grew. They contain descriptions of a number of Raphael's Madonnas and other pictures of a religious na ture, which are full not only of a strong religious fervor, but show the keenest artistic appreciation. 16mo, cloth, $1. THE PHILOSOPHY OF NATURAL THEOLOGY, by the Rev. William Jackson. (A. D. F. Randolph & Co.) This essay gained a prize offered at Oxford for the best refutation of the mate rialism of the present day. It is original in thought and scholarly in finish, and embodies many sound arguments against the skepticism now so prevalent. The get-up of this volume, like all others we receive from the Randolphs, is specially noticeable. It is so thoroughly well done, both as to binding and printing, that it gives pleasure merely to handle it. 8vo, cloth, $3. ANNUAL RECORD OF SCIENCE AND INDUSTRY assistance of eminent men of science. (Harper FOR 1874, edited by Spencer F. Baird, with the & Brothers.) The "Record" is more especially It presents a designed for general readers. summary of scientific and industrial progress during the past year, and, in concise paragraphs, the results of investigations by special scientists, or respecting certain subjects. It also contains a full and valuable list of prominent publications on scientific subjects, which were issued during 1874. 12mo, cloth, $2. Bosworth Smith, M.A. (Harper & Brothers.) MOHAMMED AND MOHAMMEDANISM, by R. This volume contains four lectures on the abovenamed subject, originally delivered at the Royal Institution of Great Britain. They are an attempt to render justice to whatever was great in Mohammed's character, and to what has been good in his influence on the world. The preface gives some interesting bibliographical information on the subject, and in the appendix we have Emanuel Deutsch's celebrated article on Islam." 12mo, cloth, $1.50. 44 PERFECT LOVE CASTETH OUT. FEAR, by Katherine Sedgwick Washburn. (Lee & Shepard.) This story, like the others from Mrs. Washburn's pen, shows evidence of a great deal of foreign travel and observation. It is full of French and Italian characters, scenes, and talk. Even the Americans in it seem unfamiliar, par taking somewhat of the characteristics of the and long conversations, marked by the author's foreigners. It abounds in romantic incidents culture and artistic tendencies. 12mo, cloth, $1.50. 64 SAFELY MARRIED! (Harper & Brothers.) Another novel, by the author of "Caste" and Colonel Dacre.' The usual English society novel, with a flirting wife and a jealous husband, and the usual consequences. 8vo, paper, 50 cents. THE INVASION OF THE CRIMEA, Vol. III., by Alexander William Kinglake. (Harper & Brothers.) The "Battle of Inkerman" occupies this entire volume. The account of it, opening with the "combat of the Lesser Inkerman," is minute and exhaustive in the extreme. The volume contains several plans of the battle-field, and eight illustrations of different periods of the engagement. 12mo, cloth, $2. THE LIFE OF FATHER BERNARD, by P. Claessens. (Catholic Pub. Society.) The subject of this biography was a French missionary priest and a member of the congregation of the Most Holy Redeemer. The volume contains a history of his labors and of his short but glorious PAUL BREWSTER AND SON, by Helen E. Chapman; NORMAN BRILL'S LIFE-Work, by Abby Eldridge. (Nat. Temperance Soc. and Pub. House.) Both of these stories are on intem career. 12mo, cloth, $1.50. The same house has sent us two pamphlets, viz.: "Postscript to a Letter addressed to His Grace the Duke of Norfolk on occasion of Mr. Gladstone's Recent Expostulation, and in Answer to his 'Vatican-perance, the evils resulting from which being ism,'" by John Henry Newman, D.D.; "A Tract for the Missions, on Baptism as a Sacrament in the Catholic Church," by Rev. M. S. Gross. 25 cents. THE DIVINE TEACHER. (T. Whittaker.) A collection of the recorded oral teaching of our Lord during his ministry on earth, with no more of a connecting narrative than is necessary to explain the occasion of the sayings. The design of the compiler is to present them in a convenient form for reading for the use of all those who value them. 12mo, cloth, $1. Also, from the same publisher: "Authorized Report of the Proceedings of the First Congress of the Protestant Episcopal Church in the United States." 8vo, paper, 50 cents. strongly and vividly described. The volumes are neatly bound, and nicely gotten up. Each, 16mo, cloth, $1. Two little stories of a religious nature, from the Presbyterian Board of publication, namely, THE PEDDLER OF LA GRAVE, by Martha Farquharson, 18mo, cloth, 55 cents; and THE DAWN OF LIGHT: A Story of the Zenana Mission, by Mary E. Leslie, 18mo, cloth, 65 cents. Also a little pamphlet, "The Doctrines of Election Stated and Explained," by the Rev. David McKinney, D.D. 5 cents. THE BIBLICAL MUSEUM, Vol. V., by James Comper Gray. (A. D. F. Randolph & Co.) In this is embraced the part of the New Testament from the Epistle of the Hebrews to the LITTLE CLASSICS, edited by Rossiter Johnson. end of Revelation, with a collection of explaVol. 9, COMEDY. (James R. Osgood & Co.) Anatory, homiletic, and illustrative notes, espenew volume of this popular and dainty little cially designed for the use of ministers, Bible series, containing Barney O'Reirdon, the Navi- students, and Sunday-school teachers. 12mo, cloth, $1.50 gator, by Samuel Lover;-Haddad-ben-Ahab, the Traveler, by John Galt ;-Bluebeard's Ghost, by Wm. M. Thackeray;-The Picnic Party, by Horace Smith;-Father Tom and the Pope, by Samuel Ferguson-Johnny Darbyshire, by Wil liam Howitt;-The Gridiron, by Samuel Lover; -The Box Tunnel, by Charles Reade. 24 mo, cloth, $1. RALPH WILTON'S WEIRD, by Mrs. Alexander (Henry Holt & Co.) Ella Rivers, the charming heroine of this novel, deserves a place among the creations of fiction that have become historical. She is without a counterpart in the novelist's world, and is sketched with a delicacy and grace which invests her with the most tender interest. The part she plays as Ralph Wilton's "weird "will meet with the satisfaction of every one. Though not as ambitious an effort as Mrs. Alexander's previous novels, it is as lovely a story as we have had from her gifted pen. "Leisure Hour Series." 16mo, cloth, $1.25. LOVE'S VICTORY, by B. L. Farjeon. (Harper & Brothers.) A very little pruning would make a first-class modern society drama of this story. It is already arranged in scenes, each one of which is worked up to a very intense and dramatic climax. The characters are strongly defined, and the plot simple and natural. 8vo, paper, 25 c. PHILIP'S SCRIPTURE ATLAS, by William Hughes. (A. D. F. Randolph & Co.) Twelve colored maps of portions of the Eastern world noted through Biblical history, presented in an exceedingly neat and handy style. 18mo, paper, 25 cents. FROM American Tract Society: GOOD ANGELS, and other Stories. 18mo, cloth, 20 cents. BURDOCKS AND DAISIES, and other Stories. 18mo, cloth, 25 cents. THE PRIZE MEDAL, and other Stories, by S. Annie Frost. 18mo, cloth, 50 cents. FLOY LINDSLEY AND HER FRIENDS, by the author of "A Summer in the Forest." 12mo, cloth, $1.25. THE AMERICAN TEMPERANCE CYCLOPÆDIA of History, Biography, Anecdote, and Illustration, by Rev. J. B. Wakeley, D.D. (Nat. Temperance Soc. and Pub. House.) 12mo, cloth, $2. STATIONERY NOTES A. L. BANCROFT & Co., San Francisco, have just published "Doxey's Housekeeping Book," containing ruled and printed forms for one year's expenses, arranged weekly, showing the amount received and paid during the week; also, expended for each article and the total amount a compiled family washing-book. The household expense-book contains an alphabetical LAKEY'S VILLAGE AND COUNTRY HOUSES. list of all articles wanted, with a space for the (Orange Judd Co.) These designs, eighty- amount paid for the same, is ruled for each four in number, handsomely printed on fine day's expenditure, and contains a weekly sumplate paper, are gathered together in book mary. The washing-book contains an alphaform from the American Builder as practicalbetical printed list of articles sent to the launand popular and suitable for building cheap and attractive homes for people of limited means. Sq. 4to, cloth, $6. dry, with blank spaces to fill in the number, and INTERLINEAR TRANSLATION OF THE SACRED SCRIPTURES, with Grammatical and Critical Notes, by Dr. Leonard Tafel, New-York; Dr. Rudolph L. Tafel, London; L. H. Tafel, Philadelphia. GREEK TEXT, Part IV. (Boe-book for household expenses, and is arranged ricke & Tafel.) The design of this work has already been set forth at length in a former number of our paper. Single parts of the Old Testament sell for $3, and of the New Testament for $2. A difference is made to regular subscribers. with a view of simplifying the keeping of accounts. The utility of the book may be seen at a glance, and it is adaptable not only to those who are keeping house, but to those living in hotels and boarding-houses. Price, $1.25, bound in English book-cloth. |