The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-01-22
PUBLIsHERs' RIG HTs IN ]. IVES,
Circuiatioa OF Mr.. Astor's Magaziae Here
May Lead TO Litigation.

Lawyer Henry W. Simpson, representing s.
s. Mcclure, has warned the International News
Company that IL 10 violating the Copyright
law by advertising and circulating the Pail Nall
hd0dzhie In this country with the novel st.
Ives" by Robert Louis Stevenson, running in
It. Tho novel. rs IL known. 10 the last that
Stevenson wrote. and he had not finished II
when ho died In Samoa. After his death his
executors. Charles Baxter of London. Fanny
Mathilda Van Dc Grift osbourne Stevenson. his
widow. and Samuel Lloyd osbourne. cold tho
manuscript. There was keen competition
among publishers TO get It. 8. s. lecture Sc
cured the serial rights to publish the story in
this country. Cha-les scribner's Sons secured
the American book rights. and the English
serial rights were bought by William Waldorf
Astor for the Pal Mall Mdodtine. The division
OF the interests may result in litigation.
In the contract which Mr.. Astor made with
the executors It was stipulated that he had tho
right Ito circulate the issue or issues OF tho
Pdu Mall Magazine containing the said story
throughout the world. provided that all such
issues OF the magazine circulated outside Great
Britain and Ireland are printed In and shipped
from the United Kingdom" The executors re-
served the right ito publish tho said story in
the United states of America In the periodical
known as McClures Magazine In serial form,
provided that the publication Of each monthly
sN s'HhN Nv NNfNNA tN
ruth or subsequent to the publication Of that
part IN the American edition Of the Pal Mall
Tho Pua Non Magazine began TO publish the
serial In the November number and In the cur
rent February Der has advanced to the
twelfth chapter. Mr.. Ciure's attorney on Dec.
20 sent this note to the International News
Company:
"Ths novel. st. Ivcs.' by Robert Louis Ste
venson- published In the PdN Mall Mnouztne. Is
copyrighted by Us In America in our name, and
I the circulation OF the Pail Mall Adgdrine In this
country by you II In violation OF the Copy right
law and makes you liable TO US for damages.
The Advertising and circulation Of this maya
zine must stop now or We shall Immediately be-
gin suit against you"
Mr.. Aston. through his attorneys. Melville.
Martin d stephens. replied. referring to the
.tipulatlons In the contract which Mr.. Astor
had made with the executors OF Mr.. Stevenson.
and called attention to the fact that section
1886 OF the International Copyright law ex-
cepted from the general prohibition Of importa-
tion newspaper and magazines not contain
ing In whole or In part matter copyrighted un-
der tho provisions of this act unauthorized by
the author"
II is said that the executors hold that Mr..
Mcclure exceeded his authority when he took
out the American copyright in his own name.
The Scribners object TO this. because they will
be obliged TO print Mr.. McClure's name In con-
nection with the copyright. Tho legal questions
on the international copyright are OF great In
terest TO publishers. as the law on this point has
Mcclure has announced that he Intended to be.
gin the publication OF ST. Ives" In serial form
In an carly number OF his magazine. Lawyer
simpson said yesterday that the dispute was
only tncipient rs yet and that he could not tell
whether Mr.. Mcclure would bring suit or not.