To reduce to order the present collection, incorporating the current accessions, to fill the most inconvenient gaps, to supply the most necessary apparatus in catalogs and to bring about a relation among the libraries of Washington which shall form them into an organicsystem:this work will of itself be a huge one. I have spoken of the equipment of the Library of Congress as elaborate, the force as large, and the appropriations as generous. All are so in contrast to antecedent conditions. In proportion to the work to be done, however, they are not merely not excessive, but in some respects far short of the need. To proceed beyond those immediate undertakings to projects of general service will require certain equipment, service, and funds not yet secured, and which can be secured only by a general effort. But the question is not what can be done, but whatmaybe done—in due time, eventually.
A general distribution of the printed cards: That has been suggested. It was suggested a half century ago by the Federal Government through the Smithsonian Institution. Professor Jewett's proposal then was a central bureau to compile, print and distribute cards which might serve to local libraries as a catalog of their own collections. Such a project is now before this Association. It may not be feasible: that is, it might not result in the economy which it suggests. It assumes a large number of books to be acquired, in the same editions, by many libraries, at the same time. In fact, the enthusiasm for the proposal at the Montreal meeting last year has resulted in but sixty subscriptions to the actual project.
It may not be feasible. But if such a scheme can be operated at all it may perhaps be operated most effectively through the library which for its own uses is cataloging and printing a card for every book currently copyrighted in the United States, and for a larger number of others than any other single institution. Such must be confessed of the Library of Congress. It is printing a card for every book currently copyrighted, for every other book currently added—for every book reached in re-classification—and thus in the end for every book in its collection. It is now printing, at the rate of over 200 titles a day—60,000 titles a year. The entry is an author entry, in form and type accepted by the committee on cataloging of the A. L. A. The cards are of the standard size—3 × 5 inches—of the best linen ledger stock. From 15 to 100 copies of each are now printed. It would be uncandid to say that such a number is necessary for the use of the library itself, or of the combined libraries at Washington. The usefulness of copies of them to any other library for incorporation in its catalogs must depend upon local conditions: the style, form, and size of its own cards, the number of books which it adds yearly, the proportion of these which are current, and other related matters. On these points we have sought statistics from 254 libraries. We have them from 202. With them we have samples of the cards in use by each, with a complete author entry. Having them we are in a position really to estimate the chances. I will not enter into details. Summarily, it appears that our cards might effect a great saving to certain libraries and some saving to others, and would entail a mere expense without benefit to the remainder—all of which is as might have been guessed.
The distribution suggested by Professor Jewett and proposed by the A. L. A. had in view a saving to the recipient library of cataloging and printing on its own account. Itassumed a subscription by each recipient to cover the cost of the extra stock and presswork. There is conceivable a distribution more limited in range, having another purpose. The national library wishes to get into touch with the local libraries which are centers for important research. It wishes the fullest information as to their contents; it may justifiably supply them with the fullest information as to its own contents. Suppose it should supply them with a copy of every card which it prints, getting in return a copy of every card which they print? I am obliged to disclose this suggestion: for such an exchange has already been begun. A copy of every card printed by the Library of Congress goes out to the New York Public Library: a copy of every card printed by the New York Public Library comes to the Library of Congress. In the new building of the New York Public Library there will be a section of the public card catalog designated The Catalog of the Library of Congress. It will contain at least every title in the Library of Congress not to be found in any library of the metropolis. In the Library of Congress a section of the great card catalog of American libraries outside the District will be a catalog of the New York Public Library.
I have here a letter from the librarian of Cornell University forwarding a resolution of the Library Council (composed in part of faculty members) which requests for the university library a set of these cards. Mr. Harris states that the purpose would be to fit up cases of drawers in the catalog room, which is freely accessible to any one desiring to consult bibliographical aids, and arrange the cards in alphabetical order by authors, thus making an author catalog of the set. He adds "The whole question has been rather carefully considered and the unanimous sense of the council was that the usefulness of the catalog to us would be well worth the cost of the cases, the space they would occupy, and the time it would take to arrange and keep in order the cards."
There is a limit to such a distribution. But I suspect that it will not stop with New York and Ithaca.
There is some expense attendant on it. There is the extra stock, the presswork, the labor of sorting and despatching. No postage, however, for the Library of Congress has the franking privilege, in and out. The results however: one cannot deny them to be attractive. At Washington a statement of at least the distinctive contents of every great local collection. At each local center of research a statement of the distinctive contents of the national collection. An inquirer in Wisconsin writes to Washington: is such a book to be had in the United States; must he come to Washington for it, or to New York?—No, he will find it in Chicago at the Newberry or the Crerar.
If there can be such a thing as a bibliographic bureau for the United States, the Library of Congress is in a way to become one; to a degree, in fact, a bureau of information for the United States. Besides routine workers efficient as a body, it has already some expert bibliographers and within certain lines specialists. It has not a complete corps of these. It cannot have until Congress can be made to understand the need of them. Besides its own employees, however, it has within reach by telephone a multitude of experts. They are maintained by the very government which maintains it. They are learned men, efficient men, specially trained, willing to give freely of their special knowledge. They enter the government employ and remain there, not for the pecuniary compensation, which is shamefully meagre, but for the love of the work itself and for the opportunity for public service which it affords. Of these men, in the scientific bureaus at Washington, the National Library can take counsel: it can secure their aid to develop its collections and to answer inquiries of moment. This will be within the field of the natural and physical sciences. Meantime within its walls it possesses already excellent capacity for miscellaneous research, and special capacity for meeting inquiries in history and topography, in general literature, and in the special literature of economics, mathematics and physics. It has still Ainsworth Spofford and the other men, who with him, under extraordinary disadvantages, for thirty-five years made the library useful at the Capitol.
The library is already issuing publications in book form. In part these are catalogs of itsown contents; in part an exhibit of the more important material in existence on some subject of current interest, particularly, of course, in connection with national affairs. Even during the period of organization fifteen such lists have already been issued. They are distributed freely to libraries and even to individual inquirers.
But there may be something further. The distribution of cards which exhibit its own contents or save duplication of expense elsewhere, the publication of bibliographies which aid to research, expert service which in answer to inquiry points out the best sources and the most effective methods of research: all these may have their use. But how about the books themselves? Must the use of this great collection be limited to Washington? How many of the students who need some book in the Library of Congress—perhaps there alone—can come to Washington to consult it at the moment of need? A case is conceivable: a university professor at Madison or Berkeley or San Antonio, in connection with research important to scholarship, requires some volume in an unusual set. The set is not in the university library. It is too costly for that library to acquire for the infrequent need. The volume is in the National Library. It is not at the moment in use at Washington. The university library requests the loan of it. If the National Library is tobethe national library——?
There might result some inconvenience. There would be also the peril of transit. Some volumes might be lost to posterity. But after all we are ourselves a posterity. Some respect is due to the ancestors who have saved forouruse. And if one copy of a book possessed by the federal government and within reasonable limits subject to call by different institutions, might suffice for the entire United States—what does logic seem to require—and expediency—and the good of the greater number?
The Library of Congress is now primarily a reference library. But if there be any citizen who thinks that it should never lend a book—to another library—in aid of the higher research—when the book can be spared from Washington and is not a book within the proper duty of the local library to supply—if there be any citizen who thinks that for the National Library to lend under these circumstances would be a misuse of its resources and, therefore, an abuse of trust—he had better speak quickly, or he may be too late. Precedents may be created which it would be awkward to ignore.
Really I have been speaking of the Library of Congress as if it were the only activity of the federal government of interest to libraries. That, however, is the fault of the topic. It was not what might be done for science, for literature, for the advance of learning, for the diffusion of knowledge. It was merely what might be done forlibraries;as it were, not for the glory of God, but for the advancement of the church. We have confidence in the mission of libraries and consider anything in aid of it as good in itself.
Their most stimulating, most fruitful service must be the direct service. The service of the national authority must in large part be merely indirect. It can meet the reader at large only through the local authority. It can serve the great body of readers chiefly through the local libraries which meet them face to face, know their needs, supply their most ordinary needs. Its natural agent—we librarians at least must think this—is its own library—the library which if there is to be a national library not merely of, butforthe United States—must be that library.
Must becomesuch, I should have said. For we are not yet arrived. We cannot arrive until much preliminary work has been done, and much additional resource secured from Congress. We shall arrive the sooner in proportion as you who have in charge the municipal and collegiate libraries of the United States will urge upon Congress the advantage to the interests you represent, of undertakings such as I have described. To this point we have not asked your aid. In the equipment of the library, in the reconstruction of its service, in the addition of more expert service, in the improvement of immediate facilities, our appeal to Congress has been based on the work to be done near at hand. I have admitted to you the possibility of these other undertakings of more general concern. If they commend themselves to you as proper and useful—the appeal for them must be primarily your appeal.
By George Iles,New York City.
Six months ago the curtain descended upon what is likely to be accounted the most memorable century in the annals of mankind. So salient are three of its characteristics that they challenge the eye of the most casual retrospection. First of all, we see that knowledge was increased at a pace beyond precedent, to be diffused throughout the world with a new thoroughness and fidelity. Next we must observe how republican government passed from the slender ties spun in the times of Washington, Jefferson and Adams, to the intimate and pervasive cords of to-day, when, as never before, the good of the bee is bound up with the welfare of the hive. Parallel with this political union of each and all there was a growth of free organization which, in every phase of life, has secured uncounted benefits which only joined hands may receive. Fresh torches of light fraternally borne from the centers of civilization to its circumference have tended to bring the arts and ideals of life everywhere to the level of the best. These distinctive features of the nineteenth century were in little evidence at its dawn, but they became more and more manifest with each succeeding decade. In American librarianship, as in many another sphere of labor, more was accomplished in the last quarter of the century than in the seventy-five preceding years.
It is as recently as 1852 that Boston opened the doors of the first free public library established in an American city. Its founders were convinced that what was good for the students at Harvard, the subscribers to the Athenæum, was good for everybody else. Literature, they felt, was a trust to be administered not for a few, but for the many, to be, indeed, hospitably proffered to all. To this hour, by a wise and generous responsiveness to its ever-growing duties, the Boston foundation remains a model of what a metropolitan library should be. As with the capital, so with the state; to-day Massachusetts is better provided with free public libraries than any other commonwealth on the globe; only one in two hundred of her people are unserved by them, while within her borders the civic piety of her sons and daughters has reared more than six score library buildings. The library commission of the state is another model in its kind; its powers are in the main advisory, but when a struggling community desires to establish a library, and contributes to that end, the commission tenders judicious aid. The population of Massachusetts is chiefly urban, an exceptional case, for taking the Union as a whole, notwithstanding the constant drift to the cities, much more than half the people are still to be found in the country. For their behoof village libraries have appeared in thousands. Still more effective, because linked with one another, are the travelling libraries, inaugurated by Mr. Melvil Dewey in New York in 1893, and since adopted in many other states of the Union, and several provinces of Canada. All this registers how the democracy of letters has come to its own. Schools public and free ensure to the American child its birthright of instruction; libraries, also public and free, are rising to supplement that instruction, to yield the light and lift, the entertainment and stimulus that literature stands ready to bestow. The old-time librarian, who was content to be a mere custodian of books, has passed from the stage forever; in his stead we find an officer anxious that his store shall do all the people the utmost possible good. To that end he combines the zeal of the missionary with the address of a consummate man of business. Little children are invited to cheery rooms with kind and intelligent hospitality; teachers and pupils from the public schools are welcomed to classrooms where everything is gathered that the library can offer for their use; helpful bulletins and consecutive reading lists are issued for the home circle; every book, magazine and newspaper is bought, as far as feasible, with an eye to the special wants and interests of the community; information desks are set up; and partnerships are formed with expositors of acknowledged merit, with museums of industry, of natural history, of the fine arts. Not the borrowers only, but the buyers of books are remembered. The Standard Library, brought together by Mr. W. E. Foster, in Providence, is a shining example in this regard.
The sense of trusteeship thus variously displayed has had a good many sources; let us confine our attention to one of them. During the past hundred years the treasure committed to the keeping of librarians has undergone enrichment without parallel in any preceding age. We have more and better books than ever before; they mean more than in any former time for right living and sound thinking. A rough and ready classification of literature, true enough in substance, divides it into books of power, of information, and of entertainment. Let us look at these three departments a little in detail. Restricting our purview to the English tongue, we find the honor roll of its literature lengthened by the names of Wordsworth, Tennyson and Matthew Arnold, Carlyle and Ruskin, Emerson and Lowell. And not only to authors such as these must our debt be acknowledged. We owe scholarly editors nearly as much. In Spedding's Bacon, the Shakesperean studies of Mr. Furniss, and the Chaucer of Professor Skeat, we have typical examples of services not enjoyed by any former age. To-day the supreme poets, seers and sages of all time are set before us in the clearest sunshine; their gold, refined from all admixture, is minted for a currency impossible before. In their original, unedited forms, the masterpieces of our language are now cheap enough to find their way to the lowliest cottage of the cross-roads.
It is not, however, in the field of literature pure and simple that the manna fell most abundantly during the past hundred years. Mr. Alfred Russel Wallace, the last of the great students who took all natural history for their province, declares that the advances in discovery, invention and generalization during the nineteenth century outweigh those of all preceding time. Admit this judgment, and at once is explained why the records and the spirit of science dominate the literature of the last ten decades. And let us note that while books of knowledge have increased beyond measure, they have appeared with a helpfulness and with merits wholly new. For the first time in the history of letters, men and women of successful experience, of practised and skilful pens, write books which, placed in the hands of the people, enlighten their toil, diminish their drudgery, and sweeten their lives. Cross the threshold of the home and there is not a task, from choosing a carpet to rearing a baby, that has not been illuminated by at least one good woman of authority in her theme. On the heights of the literature of science we have a quality and distinction unknown before these later days. The modern war on evil and pain displays weapons of an edge and force of which our forefathers never dared to dream; its armies march forward not in ignorant hope, but with the assured expectation of victory. All this inspires leaders like Huxley, Spencer and Fiske with an eloquence, a power to convince and persuade, new in the annals of human expression and as characteristic of the nineteenth century as the English poetry of the sixteenth, in the glorious era of Elizabeth. The literature of knowledge is not only fuller and better than of old, it is more wisely employed. In the classroom, and when school days are done, we now understand how the printed page may best direct and piece out the work of the hand, the eye and the ear; not for a moment deluding ourselves with the notion that we have grasped truth merely because we can spell the word. To-day we first consider the lilies of the field, not the lilies of the printer; that done it is time enough to take up a formal treatise which will clarify and frame our knowledge. If a boy is by nature a mechanic, a book of the right sort shows him how to construct a simple steam engine or an electric motor. Is he an amateur photographer, other books, excellently illustrated, give him capital hints for work with his camera. It is in thus rounding out the circle which springs from the school desk that the public library justifies its equal claim to support from the public treasury.
In the third and last domain of letters, that of fiction, there is a veritable embarrassment of riches. During the three generations pastthe art of story-telling culminated in works of all but Shakesperean depth and charm. We have only to recall Scott and Thackeray, Hawthorne, George Eliot and Thomas Hardy, to be reminded that an age of science may justly boast of novelists and romancers such as the world never knew before. No phase of life but has been limned with photographic fidelity, no realm of imagination but has been bodied forth as if by experience on fire, so that many a book which bears the name of fiction might well be labelled as essential truth. Within the past decade, however, the old veins have approached their bounds, while new lodes do not as yet appear. Of this the tokens are the eager sifting of the rubbish heap, the elaborate picturing of the abnormal and the gross. Pens unable to afford either delight or cheer have abundant capacity, often with evident malice, to strike the nerves of horror and of pain. If at the present hour high achievement in fiction is rare, if we hear more echoes than ever and fewer voices, quantity abounds to the point of surfeit. With an output in America alone of 616 works for 1900, all fears of famine may well be allayed.
The main fact of the situation then is that the librarian's trust has of late years undergone stupendous increase; this at once broadens his opportunities and adds to his burdens. Gold and silver, iron and lead, together with much dross, are commingled in a heap which rises every hour. Before a trust can be rightly and gainfully administered, its trustees must know in detail what it is that they guard, what its several items are worth, what they are good for. And let us remember that literature consists in but small part of metals which declare themselves to all men as gold or lead; much commoner are alloys of every conceivable degree of worth or worthlessness. There is plainly nothing for it but to have recourse to the crucibles of the professional assayer, it becomes necessary to add to the titles of our catalogs some responsible word as to what books are and what rank they occupy in an order of just precedence.
This task of a competent and candid appraisal of literature, as a necessity of its trusteeship, has been before the minds of this Association for a good many years. A notable Step toward its accomplishment was taken when Mr. Samuel S. Green, in 1879, allied himself with the teachers of Worcester, Massachusetts, that they and he together might select books for the public schools of that city. The work began and has proceeded upon comprehensive lines. Such literature has been chosen as may usefully and acceptably form part of the daily instruction, there is a liberal choice of books of entertainment and inspiration worthily to buttress and relieve the formal lessons. The whole work goes forward with intent to cultivate the taste, to widen the horizons, to elevate the impulses of the young reader. Mr. Green's methods, with the modifications needful in transplanting, have been adopted far and wide throughout the Union. Already they have borne fruit in heightening the standards of free choice when readers have passed from the school bench to the work-a-day world.
Thus thoughtfully to lay the foundation of the reading habit is a task beyond praise; upon a basis so sound it falls to our lot to rear, if we can, a worthy and durable superstructure. It is time that we passed from books for boys and girls to books for the youth, the man and the woman. And how amid the volume and variety of the accumulated literature of the ages shall we proceed? For light and comfort let us go back a little in the history of education, we shall there find a method substantially that of our friend, Mr. Green. Long before there were any free libraries at all, we had in America a small band of readers and learners who enjoyed unfailing pilotage in the sea of literature. These readers and learners were in the colleges, where the teachers from examination and comparison in the study, the class-room and the laboratory were able to say that such an author was the best in his field, that such another had useful chapters, and that a third was unreliable or superseded. While literature has been growing from much to more, this bench of judicature has been so enlarged as to keep steadily abreast of it. At Harvard there are twenty-six sub-libraries of astronomy, zoology, political economy, and so on; at hand are the teachers who can tell how the books may be used with most profit. Of the best critics of books in America the larger part are to be found at Harvard, at its sisteruniversities and colleges, at the technological institutes and art schools of our great cities. We see their signed reviews in such periodicals as thePolitical Science Quarterlyand thePhysical Review;or unsigned in journals of the stamp of theNation. Fortunately, we can call upon reinforcements of this vanguard of criticism. It would be difficult to name a branch of learning, an art, a science, an exploration, from folk-lore to forestry, from psychical research to geological surveys, whose votaries are not to-day banded to promote the cause they have at heart. These organizations include not only the foremost teachers in the Union, but also their peers, outside the teaching profession, of equal authority in bringing literature to the balances. And the point for us is that these societies, through their publications and discussions, enable these laymen to be known for what they are. Because the American Historical Association is thus comprehensive, its membership has opened the door for an initial task of appraisal, important in itself and significant for the future.
Drawing his two score contributors almost wholly from that Association, Mr. J. N. Larned, of Buffalo, an honored leader of ours, has, without fee or reward, acted as chief editor of an annotated Bibliography of American History. The work is now passing through the composing room of Houghton, Mifflin & Co., of Boston; its contributors include professors of history at Bowdoin, Bryn Mawr, Columbia, Harvard, McGill, Toronto, Tulane and Yale, as well as the Universities of Michigan, Wisconsin and Chicago; our own Association is worthily represented by Messrs. James Bain, Clarence S. Brigham, V. L. Collins, W. E. Foster, J. K. Hosmer, E. C. Richardson and R. G. Thwaites. As a rule the notes are signed. Where for any reason a book demanding notice could not be allotted to a contributor, Mr. Larned has quoted the fairest review he could find in print. He has included not only good books, but such other works as have found an acceptance they do not deserve. All told his pages will offer us about 3400 titles; a syllabus of the sources of American history is prefixed by Mr. Paul Leicester Ford; as an appendix will appear a feature also of great value. In their "Guide to American history," published in 1896, Professors Channing and Hart, of Harvard University, recommended such collections of books as may be had for $5, $10, $20, $50 or $100. Professor Channing is kind enough to say that he will revise these lists and bring them down to date as a contribution to Mr. Larned's work. Professor Channing may, we trust, name the books in each collection in the order in which they may be most gainfully read.
In times past our bibliographies have begun to need enlargement the moment they left the bindery; in the present case that need is for the first time to be supplied. Mr. Larned's titles come to the close of 1899; beyond that period current literature is to be chosen from and appraised with the editorship of Philip P. Wells, librarian of the Yale Law Library, who will issue his series in card form. We hope that he may be ready with his cards for 1900 at the time that Mr. Larned's book appears. Thereafter Mr. Wells' series will probably be published quarter by quarter. Beginning with 1897, Mr. W. Dawson Johnston, now of the Library of Congress, has edited for us a series of annotated cards dealing with the contemporary literature of English history. Both the form and substance of his series are capital. In so far as his cards go directly into catalog cases, where readers and students must of necessity see them, they render the utmost possible aid. If subscribers in sufficient array come forward, Mr. Larned's book may be remolded for issue in similar card form, with a like opportunity for service in catalog cases. In the Cleveland Public Library and its branches useful notes are pasted within the lids of a good many volumes. It is well thus to put immediately under the reader's eye the word which points him directly to his goal, or prevents him wasting time in wanderings of little value or no value at all.
With Mr. Larned's achievement a new chapter is opened in American librarianship; he breaks a path which should be followed up with a discernment and patience emulous of his example. If the whole working round of our literature were sifted and labelled after his method, the worth of that literature, because clearly brought into evidence, might well be doubled at least. Every increase in theavailability of our books, every removal of fences, every setting-up of guide-posts, has had a heartening public response. So it will be if we proceed with this effort to bring together the seekers and the knowers, to obtain the best available judgments for the behoof of readers and students everywhere. Economics and politics, so closely interwoven with American history, might well afford the second field for appraisal. A good many libraries still find aid in the "Reader's guide" in this department, although it appeared as long ago as 1891. Next might follow the literature of the sciences pure and applied, together with the useful arts. Among useful arts those of the household might well have the lead, for we must not be academic, or ever lose sight of the duties nearest at hand to the great body of the plain people. Mr. Sturgis and Mr. Krehbiel, in 1897, did an excellent piece of work for us in their "Bibliography of the fine arts"; their guide might profitably be revised and enlarged in its several divisions, not omitting the introductory paragraphs which make the book unique in its class. These tasks well in hand, we might come to such accessions of strength and insight as to nerve us for labors of wider range and greater difficulty, where personal equations may baffle even the highest court of appeal, where it is opinion rather than fact that is brought to the scales. I refer to the debatable ground of ethics, philosophy and theology; and, at the other pole of letters, to the vast stretches of fiction and belles lettres in our own and foreign tongues. With regard to fiction and belles lettres, one of Mr. Larned's methods has a hint for us. In some cases he has found it best to quote Mr. Francis Parkman, Mr. Justin Winsor, or the pages of theNation,theDial,theAmerican Historical Review,and similar trustworthy sources. With respect to novels and romances, essays and literary interpretation, it does not seem feasible to engage a special corps of reviewers. It may be a good plan to appoint judicious editors to give us composite photographs of what the critics best worth heeding have said in the responsible press.
It is in the preponderant circulation of fiction, and fiction for the most part of poor quality, that the critics of public libraries find most warrant for attack. They point to the fact that many readers of this fiction are comparatively well-to-do, and are exempted by public taxation from supporting the subscription library and the bookseller. The difficulty has been met chiefly in two ways; by curtailing the supply of mediocre and trashy fiction; by exacting a small fee on issuing the novels brought for a season to a huge demand by advertising of a new address and prodigality. Appraisal, just and thorough, may be expected to render aid more important because radical instead of superficial. In the first place, the best books of recreation, now overlaid by new and inferior writing, can be brought into prominence; secondly, an emphasis, as persuasive as it can be made, ought to be placed upon the more solid stores of our literature. "Business," said Bagehot long ago, "is really more agreeable than pleasure; it interests the whole mind, the aggregate nature of man more continuously and deeply, but it does not look as if it did." Let it be our purpose to reveal what admirable substance underlies appearances not always seductive to the casual glance. Lowell and Matthew Arnold, Huxley and John Fiske, Lecky and Goldwin Smith are solid enough, yet with no lack of wit or humor to relieve their argument and elucidation. A New York publisher of wide experience estimates that the average American family, apart from school purchases, buys less than two books a year. Newspapers and magazines form the staple of the popular literary diet. What fills the newspapers is mainly news; their other departments of information are often extensive and admirable, but within the limits of the hastily penned paragraph or column they cannot rise to the completeness and quality of a book carefully written and faithfully revised. The plain fact is, and it behooves us to reckon with it, the average man, to whom we bear our credentials as missionaries, looks upon a book as having something biblical about it. To sit down deliberately and surrender himself to its chapters is a task he waves away with strangely mingled awe and dislike. So he misses the consecutive instruction, as delightful as profitable to an educated taste, which authors, publishers and librarians are ready and even anxious to impart.
We hear a good deal in these days about the need of recreation, and not a word more than is true, but let us remember that the best recreation may consist in a simple change of work. Behold the arduous toil of the city lawyer, or banker, as on a holiday tour he climbs a peak of the Alps or the Adirondacks, or wades the chilly streams of Scotland or Canada a salmon rod in his hands. Why does he undergo fatigues so severe? Partly because they are freely chosen, partly because they are fatigues of an unwonted and therefore refreshing kind. So in the field before us to-day. Truth is not only stranger than fiction, it is more fascinating when once its charms are recognized and entertained. Our public schools throughout the land prove that a true story of exploration, of invention or discovery, of heroism or adventure, has only to be well told to rivet a boy's attention as firmly as ever did Robinson Crusoe or Treasure Island. When readers take up from instinctive appetite, or wise incitement, the best books about flowers or birds, minerals or trees, an art, a science, a research, they come to joys in new knowledge, in judgments informed and corrected, unknown to the tipplers and topers whose staple is the novel, good, bad and indifferent. And why, if we can help it, should public money ever be spent for aught but the public good?
With a new sense of what is implied in the trusteeship of literature, if we endeavor in the future to ally ourselves with the worthiest critics of books, we must bid good-bye to the temporary expedients which have cramped and burdened our initial labors. The work of the appraisal of literature requires a home, a Central Bureau, with a permanent and adequately paid staff of editors and assistants. The training of such a staff has already begun; in addition to the experience acquired by those enlisted in our present bibliographical tasks, instruction is now given in advanced bibliography at the New York State Library School at Albany, and doubtless also at other library schools. And at the Central Bureau, which we are bold enough to figure to ourselves, much more should be done than to bring books to the balances. At such a home, in New York, Washington, or elsewhere, every other task should proceed which aims at furthering the good that literature can do all the people. There might be conducted the co-operative cataloging now fast taking form; there should be extended the series of useful tracts begun by that of Dr. G. E. Wire on "How to start a library," by Mr. F. A. Hutchins on "Travelling libraries." At such a center should be exhibited everything to inform the founder of a public library; everything to direct the legislator who would create a library commission on the soundest lines or recast library laws in the light of national experience; there, moreover, should be gathered everything to arouse and instruct the librarian who would bring his methods to the highest plane. Thence, too, should go forth the speakers and organizers intent upon awakening torpid communities to a sense of what they miss so long as they stand outside our ranks, or lag at the rear of our movement. In the fulness of time such a bureau might copy the Franklin Society, of Paris, and call into existence a needed book, to find within this Association a sale which, though small, would be adequate, because free from the advertising taxes of ordinary publishing. To found and endow such a bureau would undoubtedly cost a great deal, and where is the money to come from? We may, I think, expect it from the sources which have given us thousands of public libraries, great and small. Here is an opportunity for our friends, whether their surpluses be large or little. When a gift can be accompanied by personal aid and counsel, it comes enriched. It is much when a goodly gift provides a city with a library, it would be yet more if the donation were to establish and maintain an agency to lift libraries everywhere to the highest efficiency possible, to give literature for the first time its fullest acceptance, its utmost fruitage.
In a retrospective glance at nineteenth century science, Professor Haeckel has said that the hundred years before us are not likely to witness such victories as those which have signalized the era just at an end. Assume for a moment that his forecast is sound, and that it applies beyond the immediate bounds of science, what does it mean for librarianship? It simply reinforces what in any case is clear, namely, that it is high time that the truth andbeauty of literature known to the few made its way to all the people, for their enlightenment, consolation and delight. If the future battles of science are to be waged less strenuously than of yore, if scholarship has measurably exhausted its richest mines, let us give the broadest diffusion to the fruits of their triumphs past. In thus diffusing the leaven of culture the public library should take a leading, not a subordinate part. Its treasure is vaster and more precious than ever before. The world's literature grows much like the world's stock of gold, every year's winning is added to the mass already heaped together at the year's first day. In the instruction, entertainment and inspiration of every man and woman there is a three-fold ministry, that of art, of science, and of letters. Because letters bring to public appreciation, to popular sympathy, both art and science, and this in addition to their own priceless argosies, may we not say that of art, science and letters, the greatest of these is letters?
By Richard T. Ely,Director School of Economics, University of Wisconsin.
It is my purpose to speak plainly and, if possible, forcibly, concerning what seems to me a grave menace to the progress of science, but in all that I shall say, I would have it understood that I have only the friendliest feelings personally for the gentleman who has brought forward what seem to me dangerous proposals. I appreciate his zeal for progress and his self-sacrificing efforts for human advancement in various directions, but I think that in this particular case—namely, the evaluation of literature, or the establishment of a judicature of letters, my friend is working against his own ideals.
I admit freely that the readers in our public libraries very generally need help in the selection of books, and that great assistance may be rendered them by judicious advice. Much time is wasted by those who read scientific and serious works which do not present the results of recent investigations: furthermore, as another consequence effort is misdirected and instead of producing beneficial results may do positive damage. The question may be asked: "Shall I read Adam Smith's 'Wealth of nations?' I hear it mentioned as one of the great works in the world's history." Probably many a librarian has had this precise question asked him. In giving an affirmative answer it will be most helpful to offer a few words explaining the circumstances under which it appeared one hundred and twenty-five years ago, and its relation to the subsequent development of economic schools and tendencies. Doubtless this work is frequently perused as if it were fresh from the press and were to be judged as a work appearing in 1901.
I further admit the harm which has come to individuals from the study of the so-called "crank" literature in economics and sociology, as well as in other branches of learning. Doubtless many a man is working vigorously in a wrong way and attempting to force society into false channels who might be doing a good work had his reading been well directed in a formative period.
But the magnitude of the interests involved in the proposal which greets us requires caution and conservatism in action. We must take a long, not a short, view of the matter, inquiring into remote and permanent results.
It is proposed, as I understand it, to have so-called expert opinions expressedconcerning books, new and old; to secure as precise and definite estimates of their value as possible, and then by means of printed guides, and even card catalogs, to bring these opinions and evaluations before the readers in our libraries.
Let us reflect for a moment on what this implies. It means, first of all a judicial body of men from whom these estimates are to proceed. Have we such a body? Is it in the nature of things possible that we should have such a body? I say that so far as contemporary literature is concerned, the history of knowledge gives us a positive and conclusive negative answer—a most emphatic "No." Let anyone who knows the circumstances and conditions under which reviews are prepared and published reflect on what the attempt to secure this evaluation of literature implies. Many of us know a great deal about these circumstances and conditions. We have written reviews, we have asked others to write reviews, and we have for years been in contact with a host of reviewers. We may in this connection first direct out attention to the general character of the periodicals from which quotations are frequently made in the evaluation of literature. I say nothing about my own view, but I simply express an opinion of many men whose judgment should have great weight when I say that one of the most brilliant of these periodicals has been marked by a narrow policy, having severe tests of orthodoxy along economic, social and political lines, and displaying a bitterness and vindictiveness reaching beyond the grave. I mention no names, and the opinion may or may not be a just one; but it should be carefully weighed whether or not, or to what extent, the evaluations of such a periodical ought to be crystallized as it were: that is, taken from the periodical press and made part of a working library apparatus, to last for years.
Another periodical, an able magazine, which makes much of reviews is under the control of a strong body of men, but they stand for scarcely more than one line of thought among many lines. And sometimes very sharp and very hard things are said about those who believe that scientific truth is moving along one of these other lines. Indeed, the discreet person, knowing personally the reviewer and the reviewed, will not be convinced that there is always in the reviews, here as elsewhere, an absence of personal animosity. Let us for a moment reflect on this personal element in reviews, as it has surely fallen under the notice of every man with wide experience in these matters. As a rule, the reviewers are comparatively young and inexperienced men, frequently zealous for some sect or faction. Sometimes great leaders of thought write reviews, but generally they are unable to find the time to do so. As a result in our reviews in the best periodicals it will frequently be found that an inferior is passing judgment on a superior, and furthermore, reviewers share in our common human nature, and the amount of personal bias and even at times personal malignity found in reviews and estimates of books is something sad to contemplate. An unsuccessful candidate for a position held by an author has been known to initiate a scandalous and altogether malicious attack in a review.
In the next place, I would call your attention to the absence of objective standards. Necessarily are the standards personal and subjective; particularly and above all in economics, but in high degree in sociology, ethics and philosophy in general, and religion. Biological reviews have displayed in marked degree the subjective personal element. Chemistry, physics, astronomy and mathematics probably are best of all fitted for evaluations free from personal bias.
It may be asked what damage will result from evaluation. Passing over grave injustice to individuals, we observe that they must lead to the formation of what Bagehot aptly called a crust, preventing the free development of science. We have been laboring for years to obtain scientific freedom, freedom in teaching, freedom in learning, freedom in expression. For this end many a battle has been fought by noble leaders of thought. Indeed, every new movement of thought has to struggle to make itself felt, and to struggle precisely against those who control the most respectable avenues of publication; against the very ones who would be selected to give expert opinions and make evaluations of literature. Call to mind the opposition to Darwin and Huxley—although they were especially and particularly fortunate in early gaining the adherence of scientific men—also the opposition to Adam Smith, Malthus, Ricardo and John Stuart Mill—and to the last named, even now, some would on a scale of 100 give an evaluation perhaps of 50, others of 65—still others 80 and 90. Recently an economic book appeared of which one widely quoted periodical said that it illustrated areductio ad absurdumof false tendencies, while another expert opinion inclined to place it among the great works of the age. It would seemto me that if we are to have formal evaluations, they should at least be restricted to works which have been before the public for a period of fifty years.
We have in this proposal, as I take it, an attack on liberty, proceeding from one who would not willingly attack it, but illustrating the truth of the saying "Eternal vigilance is the price of liberty." It is proposed to publish virtually anindex librorum prohibitorumand anindex expurgatorius. And of all efforts ever conceived along this line, this is precisely the worst because of its apparently impersonal character. Let the ordinary reader go to a guide and find a book described as unscientific and superficial, and what weight can it have for him. The authority has spoken. It is well enough for librarians personally to guide and direct their constituencies, and one review may be weighed against another review. The old methods even must be used by librarians cautiously, and they are ample for the purpose to be attained. The great point is that there should be a fluid current of opinion, and every facility for a revision of judgment should be maintained. Reviewers themselves change their views. I, myself, remember reviews which I wrote of works by two distinguished American authors, which I now regret, as my estimates were, I believe, not altogether sound and did an injustice to the authors, namely John Fiske and Lester F. Ward. But after all, I suppose no special harm was done, but if extracts from these reviews had been made part of a system of evaluation it would have been different.
Librarians as librarians must watch with impartiality the struggles among tendencies and schools of thought, and above all things, endeavor to keep open a free way for new truth.
By Thorvald Solberg,Register of Copyright, Washington. D. C.
In order to keep within the time limit provided in the program I have been obliged to refrain from even touching upon many points, but have endeavored to present certain general principles governing copyright in books. I shall, therefore, only attempt to make clear, as briefly as possible:
1. What is copyrighted,i.e.,what can properly be designated as a "book" in order to secure copyright protection thereon;
2. What is the nature of the protection secured under the copyright law;
3. The limitation in time during which the protection applies, and its territorial limitations;
4. Who may obtain protection—the difference between an "author" and a "proprietor";
5. International copyright;
6. What conditions and formalities are required to be complied with in order to secure copyright;
7. The functions of the Copyright Office; and
8. Possible copyright law amendment.
1.What is copyrighted?
The copyright statutes enumerate the articles or classes of articles subject-matter of copyright, and first in the list stands "book." The first consideration is, therefore, What is to be understood by the term "book" as thus used? or, in other words, What is a "book," as that designation is employed in the copyright law?
The answer is indicated in the provision of the federal constitution upon which our copyright legislation is founded. This paragraph of the constitution (section 8 of article 1) grants to Congress—"in order to promote the progress of science and useful arts"—the right to enact laws to secure "to authors ... the exclusive right to their ... writings...." This provision is, of course, to be broadly interpreted, but, using the exact wording of the law, it is thewritingof an author—his literary composition—the prose or poetical expression of his thought—which makes his "book," as the term is used in the copyright law. In order to be a "book," subject to protection under the copyright law, the author's production must have this literary characteristic. Thequalityof the literary ingredient is not tested, but its presence is requisite. Hence not everything which may ordinarily be called a book is fitly so nominated, in order to indicate the subject-matter of copyright; while some productions not ordinarily designated as "books" may properly be thus classified in order to be registered as a preliminary to copyright protection.
That an article possesses the corporeal characteristics of a book is of little consequence. Theliterarysubstance, not the material form, primarily determines the matter. An article contributed to a newspaper or a periodical—although but a few paragraphs in length—is a "book" under the copyright law, while a bookkeeper's ledger, to all outward appearance answering the description, is not a "book" so far as registering its title to secure copyright is concerned. A calendar whose main features are literary may doubtless be properly registered as a "book," but a pack of playing cards with pictures on the backs, even though each card may be furnished with a linen guard and all bound up, with a plausible title-page, so as to resemble a book, is not a "book" in the meaning of the copyright law.
Orderly arranged information produced in a form which would commonly be termed a chart cannot be registered under that designation which in the copyright law is applicable only to a chartographical work, but may properly be called a "book"; while a so-called book of coupons, or railway tickets, or of blank forms, cannot be thus entitled.
In brief, it should be a book in the ordinary understanding of a work ofliteratureor art, and may not include a production whose main feature is some original idea, however ingenious or fanciful its form may be, or is of the character of something invented. Invention must look for protection to the patent law.
2.The nature of the protection secured.
What is the nature of the protection secured? Copy-right,i. e.,the right of copy—the right to make copies. According to the words of our own statute, the author of a book "shall have thesoleliberty of printing, reprinting, publishing, completing, copying, executing, finishing and vending the same." Theexclusiveliberty of reproducing his work, and the restriction of the liberty of every one except the author to multiply copies constitute the literary property. It is a much-discussed question whether the author's privilege of copyright is a natural right or was created by legislation. Granting the production a proper one, it would seem that the author of a literary creation has a natural right to the unrestricted use and enjoyment of it. As Professor Langdell recently put it: "he has the right of use and enjoyment, because he can exercise such right without committing any wrong against any other person, and because no other person can prevent his exercising such right without committing a wrong against him." The author's creation is his own, and he has a natural right to the use of it without interference. The state does not create this right, but recognizes it and protects it. Protection is secured by restricting the liberty of other people in the use of the author's creation. Just how far this restriction should go is still a moot question. The law says, however, that you may not reproduce in whole or in part an author's book without his written consent, signed in the presence of two witnesses. It does not say that you may not read the book, nor are you forbidden to read it in public, even for profit, although in the case of musical and dramatic compositions public performance or representation for profit without the author's special—not implied—consent is not only directly prohibited, but is punishable by imprisonment. The International Publishers' Congress, which met in Paris in June, 1896, passed a resolution to the effect that the reproduction of a literary work by means of public readings, in case such readings were held for purposes of profit, ought not to be permitted without the consent of the copyright proprietor. By the Act of March 3, 1891, the exclusive right to translate or dramatize his book is reserved to the author. In this unrestricted and unlimited exclusive right of translation and dramatization our law has exceeded the usual trend of legislation in regard to the author's control over his work in these directions. Foreign legislation usually only reserves to the author the exclusive right to translate ordramatize for a limited fixed period of time, and if he has not himself produced a translation or dramatization within that period, another person may.
It has occasionally been intimated that the efforts made by the public libraries to secure the constant circulation of the same book is a trespass upon the rights of the author, as he is presumably thus subjected to the loss of readers who would otherwise also become purchasers of his book. A case has just been decided to test an author's right to object to having copies of his own copyright editions of his books sold in a manner not indicated by himself as volumes of a so-called collected edition of his works. The decision, on first hearing, was adverse to the author's contention.
It is theliterary expressionof the author's thoughts and ideas which is the subject-matter of the protection, and not primarily the thoughts and ideas themselves. These last may or may not be original with the author, but once he has made public a thought or an idea he has given it away; he cannot control its use or application. The author of a translation of a book—the original work being in the public domain—may obtain a copyright upon his own translation, but doing so will not debar another from producing an original translation of his own of the same work and obtaining copyright registration for the same.
Copyright does not give to any one monopoly in the use of thetitleof a book, nor can a titleper sebe subject-matter of copyright. It is the book itself, the literary substance which is protected, the title being recorded for the identification of the work.
3.Time and territorial limitations of copyright.
A few countries still grant copyright in perpetuity, but usually the term of protection is limited either to a certain number of years, or to a term of years beyond the date of the author's death. This last provision is the more general, and the term varies from seven years after the author's death in England, for instance, to eighty years after the author's death in Spain. The two most common terms are thirty years to fifty years beyond the life of the author. Our own legislation provides for two possible terms of protection. The first being for twenty-eight years from the date of the recording of the title in the Copyright Office, and the second, an extension of fourteen years from the expiration of the first term.
Besides the time limit, copyright—especially as far as the authors of the United States are concerned—is limited territorially, not extending beyond the boundaries of the United States. Whether the protection which follows registration and deposit shall extend so as to include Porto Rico, Hawaii and the Philippines is a matter of some question. Probably as regards the Philippines the answer would be in the negative, but as concerns Porto Rico, since the passage of the "Act temporarily to provide revenue and a civil government for Porto Rico" (April 12, 1900) and Hawaii, since the taking effect (June 14, 1900) of the "Act to provide a government for the territory of Hawaii," the response would be in the affirmative.
The obtaining of copyright protection by a compliance with the United States statutory requirements as to registration of title, deposit of copies, and printing of notice of copyright, does not secure extension of this protection in the territory of any foreign country, the United States not being a member of the International Copyright Union. An American author must comply with the requirements of the copyright laws of a foreign country, just as if he were a citizen or subject of that country, in order to obtain copyright protection within its borders. Presumably, however, the obtaining of valid copyright protection in one of the countries of the International Copyright Union, England for example, would secure protection throughout the various countries of that Union.
4.Who may obtain copyright.
It is theauthorof the work who is privileged to obtain copyright protection for it. As I have already pointed out, the constitutional provision enacts that Congress is to legislate to secure toauthorsthe exclusive right to theirwritings. When, therefore, the law states that the author "or proprietor" of any book may obtain a copyright for it, the term "proprietor" must be construed to mean the author's assignee,i.e.,the person to whom hehas legally transferred his copyright privilege. It is not necessarily transferred by the sale of the book,i.e.,the manuscript of the author's work, as the purchase alone of an author's manuscript does not secure to the proprietor of the manuscript copyright privileges. Prior to July 1, 1891, no foreign author could obtain copyright protection in the United States, hence the purchase by a publisher of one of Dickens's novels in manuscript, for example, would not enable the buyer to obtain copyright on the book in this country. No author who has not the privilege of copyright in the United States can transfer to another either a copyright or the right to obtain one. He cannot sell what he does not himself possess. Under the United States law copyright comes throughauthorshiponly. It is not a right attaching to the thing—the book—but is a right vested in the creator of the literary production, hence does not pass to a second person by the transference of the material thing, the book, and evidence must be offered showing that the transference of the book carried with it the author's consent to a conveyance of the privilege of copyright.
This same principle is embodied in the provisions of the law as to renewal of the copyright. The second term of protection must also start with the author, or if he be dead, with his natural heirs, his widow or children, but not with his assigns, the "proprietors." The right to the extension term is in the author if he be living at the period during which registration for the second term may take place,viz.,within six months prior to the expiration of the first term of twenty-eight years. If the author be dead, the privilege of renewal rests with his widow or children. Whether the author may dispose of his right of renewal so that the transference may be effective for the second term, even though the author should have died before the date of the beginning of that term, is a question upon which the authorities differ. The language of the statute would seem to give to the author an inchoate right which reverts to his widow or children should he be married and die before the expiration of the first term of the copyright.
5.International copyright.
The idea of nationality or citizenship governed our copyright legislation for more than a century, from the earliest American copyright statute of 1783 to July 1, 1891, so that until the latter date copyright protection in the United States was limited to the works of authors who were citizens or residents. By the Act of March 3, 1891, commonly called the international-copyright law, which went into effect on July 1 of that year, the privileges of copyright in this country were extended to the productions of authors who were citizens or subjects of other countries which by their laws permitted American citizens to obtain copyright upon substantially the same basis as their own subjects. The existence of these conditions is made known by presidential proclamation, and up to this time ten such proclamations have been issued extending copyright in the United States to the citizen authors of Belgium, Chile, Costa Rica, Denmark, France, Germany, Great Britain and her possessions (including India, Canada, the Australias, etc.), Italy, Mexico, the Netherlands, Portugal, Spain and Switzerland. The privilege of copyright in the United States is extended only to authors who are subjects of some country in whose behalf a presidential proclamation as to copyright has been issued.
It is well to point out, perhaps, that these copyright proclamations are not equivalent to copyright treaties, but are only notices that certain conditions exist. Only in the case of one country,viz.,Germany, has anything been entered into approaching a convention or treaty. Under date of Jan. 15, 1892, an "agreement" was signed with that country to issue a proclamation extending copyright in the United States to German subjects upon an assurance that "Citizens of the United States of America shall enjoy, in the German Empire, the protection of copyright as regards works of literature and art, as well as photographs, against illegal reproduction, on the same basis on which such protection is granted to subjects of the empire."
In order to obtain copyright abroad, therefore, an American citizen must ascertain the requirements of the law of each country in which he desires to protect his book or other production and comply explicitly with such requirements. He can, of course, only availhimself of the legal protection accorded, so far as it is within his power to thus comply, and therein lies the difference between the privileges secured under the present international-copyright arrangements, and such as would be obtainable under copyright conventions or treaties. A citizen of the United States may find himself unable to meet the obligations or conditions of the statutes, just as a foreign author may find it practically impossible to comply with the requirements of the United States law, and in either case there would be a failure to secure the protection desired. In the case of a photograph, for example, the English law requires that the "author" of the photograph must be a British subject or actually "resident within the Dominions of the Crown," and the United States law requires that the two copies of the photograph to be deposited in the Copyright Office "shall be printed fromnegatives made within the limitsof the United States," two sets of conditions difficult of fulfilment. By means of a copyright convention exemption could be obtained in either case from these onerous conditions.
6.Conditions and formalities required by the copyright law.
Two steps are made prerequisites to valid copyright by the laws now in force in the United States. The first of these is the recording of the title in the Copyright Office. For this purpose the statute requires the deposit of "aprintedcopy" of the title-page, "on or before the day of publication in this or any foreign country." For a number of years it has been the practice of the Copyright Office to accept a typewritten title in lieu of theprintedtitle-page, but in this, as with all other requirements of the law regarding copyright, the preferable course is a strict compliance with the letter as well as the spirit of the law.
The clerical service for thus recording the title requires the payment of a fee, which should accompany the title-page when transmitted to the Copyright Office. The fee for this, as fixed by law, is 50 cents in the case of the title of a book whose author is a citizen of the United States, and $1 in the case of a book whose author is not an American but is a citizen or subject of some country to whose citizens the privilege of copyright in the United States has been extended, under the provisions of the Act of March 3, 1891. If a copy of the record thus made of the title (commonly called a certificate) is desired, an additional fee of 50 cents is required in all cases.
In order to have this essential record of title properly made, in the form exactly prescribed by the statute, it is necessary to furnish the Copyright Office with certain information, namely:
a.The name of the claimant of the copyright. (This should be the real name of the person, not anom de plumeor pseudonym.)b.Whether copyright is claimed by applicant as the "author" or the "proprietor" of the book.c.The nationality or citizenship of theauthorof the book. (This is required to determine whether the book is by an author who is privileged to copyright protection in this country, and, also, the amount of the fee to be charged for recording the title.)d.The application should state that the title-page is the title of a "book."e.A statement should be made that the book is or will be "printed from type set within the limits of the United States."
The second prerequisite to copyright protection is the deposit in the Copyright Office of two copies of the book whose title-page has been recorded. These copies must be printed from "type set within the limits of the United States," and the deposit must be made "not later than the day of publication thereof, in this or any foreign country." The stipulation as to American typesetting applies to works by American authors as well as to those written by foreign authors.
The statute provides, as regards both the printed title and the printed copies, that the articles are to be delivered at the office of the Librarian of Congress, or "deposited in the mail, within the United States, addressed to the Librarian of Congress, at Washington, D. C." Just what would be held to have been secured under the latter provision in case the deposit in the mail were made and the book failed to reach the Copyright Office has not been determined by judicial decision. The law provides for the giving of a receipt by the postmaster in the case of the title and the copies, if such receipt is requested.
The third step required for obtaining a defendable copyright is to print upon the title-page or the page immediately following it in each copy of the book the statutory notice of copyright. The form of this notice must be either "Entered according to Act of Congress, in the year ——, by A. B., in the office of the Librarian of Congress, at Washington;" or, "Copyright, 19——, by A. B." The name printed in this notice must be the real, legal name of the proprietor of the copyright, and must be the same as that in which the entry of title has been made; the date, also, must be the year date of the record of the filing of the title-page. A judicial decision is on record to the effect that printing the year date in this notice one year later than the date of actual recording of title barred the defence of the copyright. A penalty of $100 is imposed on "every person who shall insert or impress such notice,or words of the same purportin or upon any book ... whether subject to copyright or otherwise, for which he has not obtained a copyright."
An American author may obtain for his book copyright protection in Great Britain, by a compliance with the official instructions as to publication, deposit of copies and registration. The protection, under English law, dates from the day offirstpublication, but such first publication must be on English territory, and registration may follow, but cannot precede publication. The term of protection in the United States, on the contrary, dates from the day of registration of title in our Copyright Office, which must precede publication, and be followed by deposit of copies made "not later than the day of publication thereof in this or any foreign country." The point to guard, therefore, issimultaneous publicationin this country and in Great Britain. Registration in England is a secondary matter. As stated in the official circulars of instructions issued by the English Copyright Office, "Copyright is created by the statute, and does not depend upon registration, which is permissive only, and not compulsory, but no proprietor of copyright in any book can take any proceedings in respect of any infringement of his copyright unless he has, before commencing his proceedings, registered his book."
Under existing legal conditions, in order to secure valid copyright on a book in this country and in England, the following steps should be taken, and in the order stated. 1. Record title in the United States Copyright Office. 2. Print book from type set within the limits of the United States. 3. Deposit two copies of such book in the United States Copyright Office. 4. Send sufficient copies to London to
a.Place copies on sale and take such usual steps as are understood, under English law, to constitute "publication" on a prearranged day, on which same day the book is published in the United States.b.Deposit copies: one copy of the best edition at the British Museum, and four copies of the usual edition at Stationers' Hall for distribution to the Bodleian Library at Oxford, the University Library at Cambridge, the Faculty of Advocates Library at Edinburgh, and the Trinity College Library at Dublin.c.Register title of book and day of first publication at Stationers' Hall, London.
a.Place copies on sale and take such usual steps as are understood, under English law, to constitute "publication" on a prearranged day, on which same day the book is published in the United States.
b.Deposit copies: one copy of the best edition at the British Museum, and four copies of the usual edition at Stationers' Hall for distribution to the Bodleian Library at Oxford, the University Library at Cambridge, the Faculty of Advocates Library at Edinburgh, and the Trinity College Library at Dublin.
c.Register title of book and day of first publication at Stationers' Hall, London.
7.The United States Copyright Office.
One frequently hears the expressions "has obtained a copyright," "issued a copyright," etc., giving the impression that copyrights can be granted somewhat after the manner in which the Patent Office issues letters-patent. But Congress has established no office authorized to furnish any such guarantee ofliteraryproperty as is done in the case of patent monopoly. The Copyright Office is purely an office of record and simply registersclaimsto copyright. The form of record prescribed by law being the effect that A. B. "hath deposited the title of a book the right whereof heclaimsas author or proprietor in conformity with the laws of the United States respecting copyrights." The Copyright Office has no authority to question any claim as to authorship or proprietorship, nor can it determine between conflicting claims. It registers the claim presented in the prescribed form for a proper subject of copyright by any person legally entitled to such registration without investigation as to the truthfulness of the representations, and would be obliged to record, not only the same title for differentbooks, but the same title for the same work on behalf of two or more different persons, even against the protest of either one, were such registrations asked for. No examination is therefore made when a title reaches the office as to whether the same or a similar title has been used before. As I have already stated, the titleper seis not subject to copyright, and no one can secure a monopoly of the use of a title by merely having it recorded at a nominal fee at the Copyright Office.
If any one, wishing to use a given form of title but desiring to avoid possible duplication of one previously used, writes to the Copyright Office asking whether such a title has already been recorded, an answer is made stating what is disclosed by the indexes of the office. It must be frankly explained, however, that an absolutely conclusive statement as to whether a given title has been previously used cannot always be given. The copyright records of entries of title previous to July 10, 1870, are but indifferently indexed and rarely by title, usually only under names of proprietors of the copyright. The copyright entries since July 10, 1870, to May 31, 1901, number 1,217,075. The index to these entries consists of more than 600,000 cards, many of which contain a number of entries. These cards index the entries primarily under the names of the proprietors of the copyright, and this proprietor's index is understood to have been kept up continuously and to be complete, so that under the name of each copyright proprietor there is a card or cards showing the titles of all articles upon which copyright is claimed. In addition to the proprietor's index there are cards under the titles of periodicals and under the leading catchwords of the titles of other articles, besides cards under the authors' names for books. Unhappily there are periods of time when what may be called the subsidiary index cards were not kept up.