The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-04-02
The Unauthorized Reprints of English
WORKS

The Unauthorized Reprints of English
works.
The following is Messrs. j. B. Lippinoott &
Co.'s explanation of the difficulty between
them and Messrs. Harper & Brothers, of New
York, with regard to the publication of Mr..
Dilke's "Greater Britain" and other works.
On January l. 1869, we wrote letter to the
London AthenBlt'H, stating that 1t was our Gus
tom, when publishing English books, to make,
If possible, q special arrangement with the
author, or otherwise to lay aside portion of
the profits resulting from the publication for his
use; and charging Messrs. Harper & Brothers
with violating what is known as the 'courteses
of the traden by Teprinting Mr.. Dlke's ''Greater
Britain,n which we had previously published
under a copyright arrangement with Messrs.
Macmillan & Co., London, Mr. Dilkes English
publishers, and with having some time before
reprinted Mr. Anthony Trollope's "North Ame-
rica," which We by arrangement had been autho-
riZed to publish-an arrangement the existence
of which was previously well known to the
Messrs. Harper; at the same time dsclaiming
| any responsibility for injury to foreign authors
| that might arise from system thus established.
| About two months having elapsed since this
Aas Wsh sP 81 March 2 TSPpPE TSPPfsISS rep1 e
| propose to examine presently; but before doing
| so, it is proper to dispose of counter-charge
thereto appended, viz: That TN December"
| we received box containing the electrotypes
| of Cast Up by the Sea-" and, knowing that
they were intended for the Messrs. Harper's
edition of the work, withheld them, aud in
January published the book tourselves) at a
| low price," IT we had kno Wn that the electro
| types were intended for Messrs. Harper's edi-
| ton of the work. and had withheld them on
that account, it would have been, perhaps,
fitting retaliation for the wrong we were Just
| then smarting under of the reprint by the
| Messrs. Harper of Dllke's "Greater Blitaiu;; but
the statement is not quite exact. The precise
| facts are as follows:-
Some time before we had quietly submitted
to the Messrs. Harper publishing and UNDER
selling our edition OF Troliope's North Ame-
| Iica ~ but when they reprinted "Greaer Britain"
another book on which we had engaged to pay
| a copyright we felt their action to be wrong
which, there being no legal redress, demanded
some reprisal on o., our part. Accordingly, we
| book to republish-it having been announced
| by the Messrs. Harper, and we being under the
impression that they had purchased the early
| sheets, and that no other person had any pecu-
mary interest in the sale of the book in the
United States-and had the work set stereo
typed and printed In our own Office On the Sth of
January we published it, at what Messrs Har-
per & Brothers are pleased to call low price.
Our edition was nearly ready, the wood-cuts
having been engraved III Philadelphia, when,
on the 1st of January (not in December, as
stated in Hdrper'S Weekty), there was delivered
at our store box from London, having no
other marks than our address, the express COM
pany's labels. and the Custom House stencils.
We had no previous advice of it. 1t was opened,
and found to contain ten electrotypes of illus.
trations, without letterngs, for Cast Up by the
Sea-" Thinking it probable that some break
| bad occurred in the arrangement between
| Messrs Harper and Messrs. Macmillan IL
| Co., we waited reasonable time, expecting to
hear from London about these electrotypes.
| On the 18th, having received no communication
on the subject, we wrote Messrs Macmillan 81
Co.. asking for an explanation, to which they
replied, on January 80, that the box had been
| addressed TO as instead of Messrs Harper &
Brothers, for whom it was intended. We at
| once notified the Messrs. Harper that we would
forward the box to them on the receipt of the
expenses paid by us. We respectfully submit
that this was our only proper course under the
In the article in their Weekly of March 27, the
Messrs. Harper further assert that our edition
OF BulWers novels is issued Notwithstanding
the mutually satisfactory arrangement between
Lord Lyttonn and themselves but it Is so OBJ.
vious that no courtesy OF the trade" attaches
to a series OF books reprinted by two houses
| Messrs Phillips, Sampson & Co. published an
edition as well as the Messrs. Harper-the first
of which was issued in 1928, that it is only ne
| cessaIy 10 remark here, that when the plates of
| our "Uniform Library Edition or Bulwer's
Novels Tin AZ vos.) we're offered to us at a fair
| price by the stereotyper, knowing that complete
| and uniform edition was desideratum in the
American market, we bought and published
| them.
Having disposed of the counter charges made
| by the Messrs. Harper, we beg leave once more
| 10 call the attention OF the public to the two
cases originally mentioned by us in the Athe-
ndugrl, OF direct violation Oy the Messrs. Harper
of ''ihe courtesies OF the trade"
1st. They do not deny that our edition of
| "Greater Britain" was announced in May, 1868;
| %. They 90 not deny that Immediately
on their own announcement they were notified
| by letter that we had made an arrange
ment for it with the English pub ishers; and
3d. They do not deny that they nevertheless
persisted in reprntlng it. Their admission of
these points we hold to be sufficient TO sustain
our complaint in regard to ''Greater Britain"
But there was another charge brought by us
in our letter OF January l, viz that the Messrs.
Harper had previously, in like violation of our
rights under the usage OF the trade, republshed
au edition of Trolope's North America after
they had been made aware, through personal
interview that we had entered into an exclusive
arrangement with the author for its publication
in this country. To this statement the Messrs.
Harper make no reply whatever, and we are
Justified in nierrlng that their course in the
matter Is ineXCusable.
Furthermore, we would say that by special
arrangement with the author, we recently pub
isbed Her MaJestS's Tower" by Mr.. W.
HepWorth Dixon. A few days after the appear
anCe of our edition, the Messrs. Harper Issued
an edition of the same work in an inferior
style, at a nominal price, compel ng US to re-
duce ours TO the same price, thus preventing
any remuneration to either author or publishers
that otherwise might have been derived from
the sale of the work.
Here we might close: but review of these
facts naturally suggests the reflection that the
| interests of the book trade in this country, no
less than the protection OF authors in their Just
rights, require further legislation at the hands
OF Congress. 1t is high time for the passage OF
a well-considered international copyright law,
| such as will wipe away from our country the
Teproach of what are known as "pirated'
editions. D. b. LlPPlNOorr 20.
Philadelphia, March q, 1869.
(Copy Of a Letter 10 The Athen@um)
| sPuIIApELPHIA Jan. /, lS69.-We beg TO call
the attention OF English authors and publishers