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that credit by asking indorsements which they must be liable to repay in kind.
On the other hand, there are certain advantages, in the way of financial management and the assuring of credit, that it is difficult to find place for on the individual system. Many houses would decline to sell on such time, except for indorsed notes, which they individually could not ask from customers. We are not sure but that ultimately a somewhat flexible plan will be adopted, in which those who wish time and like advantages may do their business under letters of credit and such arrangements with the managers and others directly.
The Fair system gives an admirable opportunity to bring buyers and sellers together, to show goods, and to sell them. But the Fair must be at fixed times, not more than twice in the year, and possibly only in the fall, the last of September or the first of October. With such improvements as experience suggests, it will prove a permanent and useful feature in the trade.
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."
Reform in New-Orleans.
A New-orleans correspondent writes: "I note your admirable editorial on 'Trade Organizations,' in No. 196 of the Publishers' Weekly, and I am happy to announce that the book trade in tins city is now on a prospective paying basis, all owing to the Puhlishers' Weekly, the A. B. T. A., and our organization formed less than a month since. The resolution to which you refer in your editorial was hastily written, and was altered in the constitution (now under consideration), which provides that in the case of booksellers refusing to comply with the A. B. T. A. rules, discounts shall be withdrawn, and the case reported to the Arbitration Committeeof the A. B. T. A."
Where is the Place?
October 21, 1875.
To the Editor of the Publishers' Weekly:
Dear Sir: You do great injustice to your correspondent "Subscriber," as well as the trade, in not giving the name of the city from which he writes. If he states the truth, or if half he states is the truth, the city he lives in presents the best opening for a real live bookseller to be found in America. I take it such a bookseller would be a comfort to " Subscri
ber," and would put money in his own purse in no stinted quantity. He lives in "one of the largest cities in the South, and that has eight or ten first-class bookstores," and yet there is not a bookseller that knows how to order books that he does not happen to have on hand, nor that knows what six-dollar books he does have on hand till his customer finds them for him.
Where is the city, Mr. Editor? Just call it out, and see if there will not be a man to occupy that vacant territory.! Yours,
[" Subscriber" did not inform us as to the locality. What he said, however exaggerated, nevertheless illustrated the fact that there are too many stores in which clerks, if not principals, are profoundly ignorant of their stock, and of trade enterprise in conducting their business.—Ed.]
Copyright in Notes.*
Judge Clifford, of the Supreme Bench, has recently delivered a very learned and interesting opinion, in which he expounds at considerable length the doctrines of infringement of annotations or notes. The subject of litigation was the notes contained in three editions of Wheatoris International Law, the last edition being alleged to be an invasion of the two preceding ones. After discussing a number of somewhat technical points, the learned judge proceeds to examine the question of infringement.
The following is one of the leading postulates laid down: "Copyright may justly be claimed by an author of a book who has taken existing materials from sources common to all writers, and arranged and combined them in a new form, and given them an application unknown before, for the reason that in so doing he has exercised skill and discretion in making the selections, arrangement, and combination, and having presented something that is new and useful, he is entitled to the exclusive enjoyment of his improvement, as provided in the copyright act. Books made and composed in that manner are the proper subjects of copyright; and the author of such a book has as much right in his plan, arrangement, and combination of the materials collected and presented, as he has in his thoughts, sentiments, reflections, and opinions, or in the modes in which they are therein expressed and illustrated; but he can not prevent others from using the old material for a different purpose. All he acquires by virtue of the copyright is 'the sole right and liberty of printing, reprinting, publishing, and vending such book' for the period prescribed by law. Others may use the old materials for a different purpose, but they can not copy and use his improvement, which includes his plan, arrangement, and combination of the materials, as well as the materials themselves, of which the book is made and composed."
The allegation of infringement was tested by a comparison of the works, aided by the svidence of competent experts. There appeared to be numerous coincidences of errors and citations, which, the Court observes, when sufficiently numerous, are almost conclusive
* We are indebted to Rowland Cox, Esq., for this article. circumstances in favor of the complainant. Speaking of coincidences of errors, Mr. Curtis is quoted: "Where the question is whether the defendant, in preparing his book, had before him and copied or imitated the book of the plaintiff, it is manifest that this kind of evidence is the strongest proof, short of direct evidence, of which the fact is capable." And a like view is expressed in respect of coincidences of citations and arrangement.
The defendants sought, however, to show that, even if they had copied complainant's notes, there was no infringement, as the use complained of was to be regarded as an "abridgment." The rule upon this point is announced in the following language: "Rights secured by copyright are property within the meaning of the law of copyright, and whoever invades that property beyond the privilege conceded to subsequent authors commits a tort, and is liable to an action. None of these rules of decision are inconsistent with the privilege of a subsequent writer to make what is called a fair use of a prior publication; but their effect undoubtedly is to limit that privilege, so that it shall not be exercised to an extent to work substantial injury to the property which is under the legal protection of copyright. Reviewers may make extracts sufficient to show the merits or demerits of the work, but they can not so exercise the privilege as to supersede the original book. Sufficient may be taken to give a correct view of the whole, but the privilege of making extracts is limited to those objects, and can not be exercised to such an extent that the review shall become a substitute for the book reviewed. Examined as a question of strict law, apart from exceptional cases, the privilege of fair use accorded to a subsequent writer must be such, and such only, as will not cause substantial injury to the proprietor of the first publication; but cases frequently arise in which, though there is some injury, yet equity will not interpose by injunction to prevent the further use, as where the amount copied is small and of little value, if there is no proof of bad motive, or where there is a well-founded doubt as to the legal title, or where there has been long acquiescence in the infringement, or culpable laches and negligence in seeking redress, especially if it appear that the delay has misled the respondent."
Among the conclusions of law are the following: "That notes of which the whole or some substantial and material part is condensed from the corresponding notes in the preceding edition, or from the extracts therein printed and published, without any marks of original labor, or of any such labor except the study of the note copied and adopted," are in. fringements. "That notes partly original and partly copied from the preceding edition do not infringe, except for the matter copied, if it be practicable to ascertain and define the separate proportions and make the separation of the same; but if not, still the respondent, at the proper stage of the case, must be restrained from using the part copied."
The last conclusion is important, as it, in effect, rules that notes that are in part an infringement can not be used.
The great length of the opinion precludes an exhaustive review of it. It is probably the most elaborate discussion of the subject of copyright in annotations or notes to be found
in the books, and is of great weight as being the view of Judge Clifford, concurred in by the no less able judge of the District Court of Massachusetts The case is reported in full in the American Law Times Reports for September.
Booksellers as Educators.
Although we do not expect, nor even wish, booksellers to band themselves together as an association for the sale of godly books, we yet think and hope that in the course of time members of the trade will come to the conclusion that their business is one of great responsibility, and that they may be agents for evil as well as for good. A chemist is restrained from selling poisonous drugs to children, and even when he sells them to adults he is compelled to take certain well-defined precautions, so that no harm may arise. The bookseller, on the other hand, is subjected to no restriction, to no surveillance, and need render no account. He may sell the most pestiferous trash, poisoning the minds of children, arousing the passions of youth, and encouraging all to the commission of the most atrocious crimes. He may every day sell broadsheets familiarizing rea.lers with scenes of violence and bloodshed, hardening the feelings and corroding the conscience, until crime and wickedness become so familiar that indulgence in one and perpetration of the other become matters of course. We would, therefore, in all earnestness, urge upon such of our readers as may be connected with the periodical trade that they should positively refuse to sell or have in their shops such trash as common sense tells them is dangerous. In the end they will be no losers, but will benefit by the apparent present loss of business, and will also have the satisfaction of knowing that they are in some degree helping to promote the happiness of their fellow-creatures. If booksellers would but consider the greatness of their mission they would see that they wield an enormous power. It may be a poor trade, it may yield but a scanty return for the time and labor bestowed, it may be that those who ought to encourage honest, respectable members do not, but the consciousness that they are promoting the cause of sound morality will in itself be no small reward. Let us, as booksellers, help to stamp out this curse !—London Bookseller.
Austin, Texas.—The firm of Thompson & Nagle having dissolved, Mr. Nagle will continue the business in his own name.
Boston.—The copartnership existing between H. D. Brown and H. H. W. Edmands having dissolved by limitation, a new partnership has been formed between H. D. Brown and George E. Littlefield, under firm name of H. D. Brown & Co.
NOTES AND QUERIES.
Where can published information be obtained concerning Karl Reimer, the German publisher?
Is the catalogue of the Public Library of Quincy, Mass., for sale—where, and at what price? L. T. S.
The Book Fair.
The Supplementary Book Fair of the A. B. T. A., the second held under its auspices, opened at Clinton Hall, under the management of G. A. Leavitt & Co., Thursday, October 21st, and closed Wednesday, 271I1. About fifty houses were represented, following the list previously given in the announcement of the Fair, and some of them displayed more samples than at the first Fair. The main salesroom and the room above were both filled. The number of buyers present during the week did not exceed fifty, but nearly a dozen States were represented, some of those registered coming from Michigan and other States well West, although the greater part were from New-York State. The selling houses present were perhaps the largest buyers. Only members of the A. B. T. A. were permitted to buy at the Fair, and several gave in their adherence to the association during the Fair, among them the house of N. Tibbals & Son, of New-York. The Fair was scarcely a success, for reasons which we state elsewhere; the closest estimate of the sales place the total in the neighborhood of $30,000, or about ten per cent the sales at the first Fair. During the "intervals of business" considerable fun was going on. Mr. Vogelius, of Henry Holt & Co., started a mental photograph album around, and obtained many biographies, which will be useful to the historian of the second centennial. Mr. Knox, of James Miller's, wickedly ushered about an innocent friend, who was adorned with a large placard, " Sold," quite unsuspecting that he himself was adorned with a huger badge to like effect. One stand, which its owner had deserted for the time, was placarded by. unknown friends, "Closed for Repairs," and another gave notice one of the dull days that it would " open next Christmas." Considerable many sellers were sold with large bills, and in this wise the days were beguiled. The Fair gave, however, opportunity to show stock even to those not buying, and among those not before referred to in this respect, the house of Macmillan & Co. made an especially brilliant display. The general feeling at the Fair was not, however, against the system, but that the present one was ill-timed and unnecessary.
The Stationers' Exchange.
The Stationers' Fair at the Exchange, Broadway and Fourth street, was regularly opened last Monday morning. A few firms were represented during the latter days of the previous week, but it was only on Monday morning that the business began. There were then the following firms represented:
E. & H. T. Anthony & Co., represented by L. Brower.
Samuel Raynor & Co., by H. N. Osborn.
Rubens & Co., b)' Charles Rubens.
Koch, Son & Co., by W. C. Horn.
J. D. Emack, by J. A. Heckman.
Porter & Bainbridge, by R. Cockcroft.
Slote, Woodman & Co.
Boorum & Pease, by L. A. Lipman.
Mabie, Todd & Co., by Mr. Bard.
Nicholas Muller's Sons, by W. F. Muller.
Aiken, Lambert & Co., by George Wood.
Andrew King & Co., by Joseph Lux.
J. O. Smith, by P. V. Smith.
E. L. Pcndexter, by Frederick L. Pendexter
Baker, Pratt & Co., by L. L. Higgins.
R. B. Dovell's Son, by Mr. Dovell.
R. Sneider, by Charles Sneider.
Dennison & Co., by W. C. Peckhani.
Brower Brothers, by B. Brower.
American Lead-Pencil Co., by Mr. Theo. Smith.
Anderson & Cameron, by Mr. Anderson.
Carter, Dinsmore & Co., by Mr. Dinsmore.
The fair is looked upon as a moderate success,.and it is understood that a considerable amount of goods have been sold. Like the Book Fair, however, it has not fulfilled the expectations, although the sales have been proportionately larger than at Clinton Hall, in comparison with those of July
Tales Of The Argonauts, and Other Sketches, by Bret Harte. (James R. Osgood & Co.) In this volume are gathered the latest and some of the best of Bret Harte's stories. "The Rose of Tuolumne," "How Old Man PlunkettWent Home," " Baby Sylvester," "An Episode of Fiddletown," and "Wau Lee, the Pagan," are among them, and will be recognized as having appeared in recent periodicals. Bret Harte's quaint style, with its odd mingling of pathos and humor, and his powerful characterizations of old California life, are as abundantly displayed in these sketches as in any thing he has given the world. i2mo, cloth, *i.50.
Bread And Oranges, by the author of" The Wide, Wide World." (Robert Carter & Bros.) The series of which this is a volume will be best remembered by the initial work, "The Little Camp on Eagle Hill." It was in this acquaintance was first made with " Uncle Eden" and "Maggie." We find them in this story in Florida, with Mrs. Franklin, who has been sent there for her health, with her children Flora and Meredith. Though the story contains some quite thrilling adventures, such as the whole party setting sail for the West-Indies and being wrecked on a desert island, it is really written to fully illustrate and make clear to a child's comprehension the portion of the Lord's prayer, "Give us this day our daily bread." This is accomplished through" Uncle Eden," as in previous volumes. i6mo, cloth, $1.25.
Theodora: A Home Story, by Phebe F. McKeen. (A. D. F. Randolph & Co.) The home of Theodora is situated among the hills of Vermont. Her father is a New-England minister, with a bright family of boys and girls around him. The story relates the history of each one of them; first in their childish plays and afterwards in the world: the boys taking part in the late war, and going through all the horrors of Andersonville. Theodora's story occupies most space, her love affairs being somewhat complex. A not disagreeable vein of teaching runs all through the story, which earnestly aims to inculcate the purest Christian principles. A good story for the young people outgrowing juvenile literature. l2mo, cloth, $1.50.
Opium-eating: An Autobiographical Sketch, by an Habituate. (Claxton, Remsen & Ilaffelfinger.) None of the fascination which envelops the history of De Quincey's Confessions will be found in this volume. It is the bald history of an unfortunate Federal soldier, who underwent the miseries of captivity in a Southern prison. When released, broken down mentally and physically, he is prescribed morphia to alleviate his sufferings, and so becomes a confirmed opium-eater. Nothing at all alluring or tempting is recorded in the history of his experience. It is a fearful story, and points its own moral. 121110, cloth, $1.
Report Of The Smithsonian Institution, 1874. (Government Printing Office.) The annual report of the secretary, and of the executive committee, and the proceedings of the Board of Regents of the Smithsonian Institution, are contained in this volume. Also a number of valuable articles on various subjects of interest to teachers, meteorologists, and correspondents of the Institution, taken from foreign journals not generally accessible. An article on "Warming and Ventilation," by Arthur Morin, is quite noticeable, as are also the number of papers on Ethnology.
Two Thousand Years After; or, A Talk in a Cemetery, by John Darby. (Claxton, Remsen & Haffelfinger.) Dr. Garretson ("John Darby"), the author of this and several other philosophical works, aims to explain and illustrate his peculiar ideas relative to the soul and man's immortality. He imagines Socrates and the friends of Plato, who over two thousand years ago discussed the immortality of the soul, brought again together, possessed of the positivist's lore, and renewing their conversation. The positivist's ground is admitted only in a measure. While the argument tends to convince that man may live and die without a soul, it also asserts that he is an offspring of creation capable of receiving the immortal principle, but that the extent and character of his immortality depend upon himself. i2rno, cloth, $1.
The Masijuk Of Pandora, by Henry Wadsworth Longfellow. (James R. Osgood & Co.) Besides "The Masque of Pandora," the volume contains "The Hanging of the Crane" and a number of sonnets. "The Masque of Pandora" is as delicate a bit of work as Longfellow has accomplished. It throws new interest around the pretty story of Pandora, which is enveloped in a most charming web of fancy. I2mo, cloth, $1.50.
The Golden Tress, translated from the French of Fortune Du Boisgobey. (Claxton, Remsen & Haffelfinger.) While this is a very thrilling narrative of crime, it is also a wellconceived story, with an original plot, worked out in an exceedingly interesting and unobjectionable way. It is a story of Paris of some thirty years ago, and opens in a highly sensational manner, by the finding of the head of a beautiful golden-haired woman, by a number of young gallants, in a basket which they steal in a frolic from the arm of a mysterious old man. i2mo, cloth, $1.50.
The House Of The Seven Gables, by Nathaniel Hawthorne. (James R. Osgood & Co.) The second volume of the new popular edition of Hawthorne's works the Osgoods are issuing, uniform in size and style of get-up with " Little Classics." $1.25.
The Detective And The Somnambulist, by
Allan Pinkerton. (W. B. Keen, Cooke & Co.) This story forms the third volume of the series, made up from Mr. Pinkerton's own experience as a detective. It does not lack adventures or incidents, being highly spiced with everything of a sensational nature. i2mo, cloth, $1.50.
LITERARY AND TRADE NEWS
Estes & Lauriat will issue, by subscription, three new serial publications. "The Picturesque World ; or, Scenes in Many Lands," is to be issued in from 40 to 48 serial parts, at 50 cents. Each number will contain one or more steel plates and 24 pages of letterpress, with wood-cut illustrations. The descriptive text will be prepared under the supervision of Dr. Leo de Colange, the editor of "Zell's Popular Encyclopedia." There will also be an edition of Charles Knight's "Popular Shakespeare," illustrated with 340 wood-cuts and 36 full-page plates, by John Gilbert, together with illustrations on steel from eminent English painters ; and a re-issue of Owen Jones' " Grammar of Ornament," which will be issued in 2S monthly parts, at $1.50 each.
The little " Typographical Bibliography," by John F. Marthens (printed by Bakewell X Marthens, Pittsburgh), is a happy instance of what can be done in special bibliography. It is very tastefully gotten up, and brings together some 250 titles of books in the English language on printing and its accessories, with a list of periodicals. Its editor is an enthusiast in his work, doing it for love of it, and we wish there were more like him. But it is evident that there is an awakening interest in bibliography in this country.
Elderhorst's " Blow-Pipe Analysis." Blair's "Lectures on Rhetoric and Belles Lettres," McMurtrie's "Compendium of Domestic Medicine," and McMurtrie's "Woman's Medical Companion," formerly published by T. Ellwood Zell, have now passed into the hands of Porter & Coates, who have lately issued new editions.
The assignment of William N. Toy and Jas. F. Morrison, surviving partners of Lee & Walker, music publishers, Philadelphia, to John C. Sinclair, was made on Monday last. The liabilities are placed below $170,000; experts valued the stock on the deatli of Mr. Julius Lee, in January last, at $185,000, and it is said to have increased since. The real difficulty was, as usual, the interest account, Mr. Lee having at the time of his death $150,000 paper out, of which two thirds was for borrowed money, at rates reaching 12 per cent.
Major M. R. Dklany, of Charleston, S. C, is preparing a history of fhe African race in America, from their first importation by the Spaniards till the passage of the Fifteenth Amendment.
A Correspondent, who knows whereof he speaks, writes: "We consider your columns invaluable for tracing up books, and the different quotations on books from the booksellers leave a margin that well pays the cost of advertising. In answer to our last advertisement for three books, we received quotations the day the Weekly reached us, and the books were ordered within an hour. Success to you always."
We have received from Messrs. John Church & Co., Cincinnati, the following new music: "Under the Lilacs," by Ben Dodge (30 c.); "Julia" waltz (30c); "Under the Wavelets," by George W. Persley (35 c.); "Normal" schottische, by J. W. Shryock (30 c.); "Hyacinthe" mazurka, by Harry D. Jones (35 c.); and " Down the Stream the Shadows Darken," by Karl Arini (35 c). And from Mr. M. Gray, San Francisco, " When I Go Away," by Felix Marti (35 c.); "Give" song, by Felix Marti (30 c.); "Letter" song, from La Periehole, by Ad. Dorn (20 c.); March from La Jolie Parfumeuse, by Ad. Dorn (20 c.); "Ave Maria," by A. ArTranctiino (75 c.); "Three Roses," by Felix Marti (35 c.); "Conspirators' Chorus," from Fille lie Madame Angot, by Ad. Dorn (20 c.); and " Night Song," by J. Vogt (30 c).
The current issue of Lindsay & Blakiston's "Physician's Visiting List for 1876" makes the twenty-fifth year of its publication. Like similar productions, it is a diary in handy pocket shape, so ruled as to facilitate the record of the items essential for a doctor to bear in mind, and with almanac, table of signs, antidotes for poisons, and the like, at the beginning. It seems to be conveniently arranged for its purpose, and its long publication would indicate a general appreciation of its merits.
The need of reform is attracting much attention in England, and a publishing house writes, "The present system (of underselling) is positively ruinous to ourselves," and regrets that one or two houses stand in the way of '' a quite possible" reform. A correspondent of the Bookseller says: "In no other trade is it so easy to control those who are so anxious to undersell for the benefit of the public, and to
the detriment of their creditors, as the book trade. If the publishers canvass us to place their productions on our shelves, at our own risk and capital, surely they place themselves in a position to be asked to co-operate to protect their customers, not from ordinary competition, but from competition of men that have perhaps paid a small percentage in the pound. I think it is well known in the trade that it is impossible for any bookseller to exist with the trade cut up as it now is, unless the trader gets so callous in mind and conscience as to make a purse for himself, and let his creditors in for a good round sum—eui bono? I am learning a better way out of that difficulty from several brother chips, and that is gradually and surely to relinquish stocking the shelves: but I contemplate taking another step, i.e., obtain all books for my customers, charging them exactly cost price, making that once-esteemed trade subsidiary to other occupations. Let me again urge the publishers to organize a remedy for the evil, before they lose their influence and connection in the country."
A New volume, to supply the demand for peculiarly Christmas books, has been prepared and will be published by Mr. P. H. Gates, of this city, in handsome shape. "Christmas, in Song and Story," will gather together most of the pretty things that have been said about this festival.
We hold for publication two letters signed "D.," subject to the name of the writer being furnished as a guarantee of good faith—a precaution always necessary to a newspaper, as most readers know. "D." will please send in his name—confidentially, of course, if he prefers.
Porter & Coates, 822 Chestnut Street, Philadelphia.
T. Bradburn, 29 Ann Street, N. Y.
Robert Clakke & Co., Cincinnati, O. 1 Burton on the Siege of Quebeck.
Yohn &. Porter, Indianapolis. 1 Local History of Madison Co., Indiana, pub. by Indianapolis Sentinel Co. 1 Speeches and Forensic Arguments of Daniel Webster, 3 vols., clo., pub. at $5.50, by Tappan, Whitmore & Mason, Boston.
BOOKS FOR SALE.
James Campdell, Boston, Mass.
The following second-hand school-books, all in good condition, and at one half wholesale price ; from 25 to 50 copies of each title. Also a large assortment of school-books second-hand.
Liii' oln's Livy.
Felton's Greek Historians.
Spencer's Arnold's Latin Prose Composition.
Clouds of Aristophanes,
Owen's Homer's Odyssey.
Spencer's Arnold's Greek Prose Composition.
Grcenleaf's Treatise on Algebra.
Zumpt's Latin Grammar.
Andrew and Stoddart's Latin Grammar.
AH. CLARK, Peekskill, N. Y., buys, sells, and ex• changes new, second-hand, and shelf-worn Schoolbooks. Correspondence, with lists of books wanted and for sale, solicited.
AN active young man, with a thorough knowledge of the Bookselling business (both wholesale and retail), having fifteen years experience—the last seven as Buyer of the Miscellaneous Book Department, Salesman, and Traveller in a large Publishing and Jobbing House—desires an engagement. Moderate expectations. Highest references. Address, E. O. N., lock box 2494, Philadelphia.
A RESPONSIBLE position in the Miscellaneous Book Department of an Importing or Publishing house in New-York, Boston, Philadelphia, or Washington, by a gentleman acquainted with the book business and with the trade both East and West. References given and inquiries promptly answered when addressed to L. TM care of F. Leypoldt, P. O. Box 4295, New-York City.
AN experienced Book Salesman to travel with a FirstClass list of new gift-books, from November 8th to December 25th, on commission. Address, with references, box 147, Boston, Mass.
ONE third or one half interest in a Bookstore, Printing Office, and Bindery in a border State. Doing a paying business. Reason for selling, a desire to enlarge the business. Address, E. F., care Publishers' Weekly.