THE RIGHTS OF AUTHORS.

Dominion, Volume 1, Issue 223, 13 June 1908, Page 12

THE RIGHTS OF AUTHORS.

- A interesting.case, was heard in Lon--'don towards:thos oiid. of April, when 1 the authoress'"Rita," otherwise Mrs. .Eliza Margaret Jane Humphreys,' sued Messrs. D. C. Thomson and C0.,,.,a .Dundee firm of publishers, for damages., for alleged libel. Tho statement, complainedof appeared in the • M Rod..Lotterj">.ftnd< was to tho effect that a ■previously, published ..story by tho plaintiff '.was "a stirring now novel by 'Rita.' " The defendants, after buying tho serial rights.of her novel, "The Sinner," from Messrs. Tillotson, altored its title to ."Katie .Thome" .'(and also altered .the names of the characters),: and published it in their periodical, the "Red 'Letter." ' Several Vcll-lmowifj'jaovelists wore amongst the witnesses, •and-'thcy' said some surprising and interesting'!thing§, which wo extract from the newspaper "reports of the case. • Mr. Piusctt, a solicitor's clork, was called,, ancj stated,that he-had gone through the' plaintinff's novel,; "Th'e Sinner," and tho novel published in tho "Red Letter," and discovered that some 2000 lines, or a fifth of the,book, .had been omitted, and other alterations jia'd been 'made. r Mr. Barry .Pain., was called, and stated that he had'liad corisidorable experience'of •liis works being published in periodicals. , It . was, in his opinion, damaging to tho rejititaqf -,an .qutlioj-.. Jo.„'havo a work written ten years';ngo published as a now one. It would rilso'lie damaging to an author to have ' the characters . altered. He , had read a plaintiff's"novel;-"The' Sinner," and the •"terations/hadftho effqet l of 'altering the whole of the .story. The alterations reiinovod all tho, litoiVryi merit from tho work. • Cross-examined, Mr.' Pain said ho thought lan editor might cut but or alter a "swear \Word," but was not. entitled .to alter the •tone of :the; book. —' "Rita" said, in the course of her evidence, that she had considerable experience in written 50 or more, andi- between 20 and 30 had appeared in . serial forfi. damaging to her reputation; story she wrote ten years before ; •dciscribed : as a "thrilling new story" or "a groat new serial." 11l cross-examination; the- witness said that when sho sold the worls to THlotson's nothing was said as to their right to make alterations. 'She thought*tho title "The Grinding Mills of God" was an, absolutely : idiotic title,-and sho so expressed-herself at Jthe tijrie"...J' *77T- * Mr. Footc k ;,"I'o:you siy the greatest serial writer of the day' does not know whether a serial appeals to a different public from that of the volume ? >. "Rita": I beg your pardon, I am not tho greatest serial writer-of the day. I writo more novels. , AYpll„ I X„shq 1 greatest-novelist of the ■'day?-'.You l , may.-:; say; that .if you like. (Laughter.)-*'"- " ,v ; w .. . For tho'defehcb/Mri David Donald, editor ><f tho "Red, Lotter"i'. since 1903, said ho frequently altered ,the .titles, and names of characters- of stories, and also condensed stories.-i. Ho was guided by the-view that tho chang'o.;.would.'.maljo'"tlie story more acceptable.to the. readers. ,of b -t ho paper. He was in. tli0 ; -]iabit.of..-cutting out bits of scenery -of the story. His :fiWdshiri:;Tq;:liclp the reader to skip? (La'ughteri)f-The ; ; : .ivritnes's: Yes. .' Prior, to ilie. plaintiff's complaint, no other autho.r.:erer/bbjected;vto. the change of titles or rohaij^%f-;tto.cj l : Kitness added. It was important 'to. : make 'what, was'known as "a curtain" at,tho,end of a chapter in order to Avhet.. the. .ippbtit'c .of the reader for the rest of tho story,. As .to the omissions, lid made thosp .with" the-' 1 object of .improving the story,'and. not otherwise. It was ho who decidefi 'FM'. thd :.il.eW,','names and characters should bo, a.nd this was, not done to deceive the public.. .' . . .... Cross-examined, the ; witness said ha thought, ho was justified in describing the novel-as he did. The cyidenco of Mr. William Lo Oueux, taken j on,-, read, to the effeefc that a large number of bis stories wore published in v serial.form. Some.of.the titles ,°i .W.?.'..^?tojJ > cs.!Vahy.:.'.xhara , ctors' had been changed without his consent, and he had inever inaao.'any; complaint. & Mi 1 . .CloiiientlShortor' was called.' Ho said 'fj ß bad ,been';editor, of :',the "Illustrated LoudonNews," tho .."Sketch," and "Tho TatlJ T f." and ; was.-now editing ''{The Sphere." r j.t llSaj. b(3sn part of n his duty to purchase ' When a n'ovolist : sold tho serial rights of a story it was sold, oithor direct- or. through a literary agent, one.;magazine,; wlieroas, if it was sold ito avsyndieate; tho author had practically 'lost all control over it. .The syndicato had - the entire serial copyright, and it [was understood, that it could do very much jwhat it* 'liked -with the story, at any rate Sf it.-j.Was -not r found-out. • 1 j.„ Mr.. G.,,W.. Ricketts,.(for tho- defendants). fc-Havo.-you' cut a stories yourself ?—Mr. Shorter.— Oh.-yes.— j . His Lordship.—And never been found j,out?;. (Latfght.qr:)" ~ ;.-;v had cut stories.of ißobert Louis Stevenson. and also altered his ititles./' -r.y . . liis Lordsllip.- That ''ir.av have been after the was dead. (Laughter.) Mr. Shorter.— •No} my lord; he was in England at the itime. , - ' 1 : .;:SifcV;Lordihlp.'^l; : fl)Sve heard of people .turning .in..their.graves at the horror of 1 something that happened.. ■■'Mr. Ricketts.—lf.that is so, Shakespeare* must' have turned'--a good' many ' times. 1 (Laughter.)' • _ "■ His Lordship saiclihe could now under- 1 stand -whore tho sjiffl'ies that appeared in 1 newspapers about-judges came from. (Laugh- ' ter.) ' " • i . ■ Mr. do usually 1 bring (Laughter.) ' ' 1 Cross-examined','.to.''-Shorter said that if 1 he. spld .the.,xights,.of,.a,.story to Messrs! Til- i lotson ho should (in tho words of Omar j jtko cash and let. tho credit i go." The-'''Red- tetter" appeared to cir- 1 culate among servants, and,/therefore, the 1 cutting that would do for . that paper might : ;iiot; his'Baper,; "Tho Sphere." i Replying to Mr. Foote, Mr. Shorter said. < Shakespeare's plays-".would be cut for the ' purpbse of production .on tho stage. < Mr. J., M. G. Richards, journalist, said i he had alterefl-tho-titles of many novels. Ho 1 knew .his market, and the title ac- i oordingly.,., „He had,, spent weeks in choos- i i«g , and. inventing.,tij;|es alone. He had i also; changed characters, and never had any < fcomplainfr-'from ~the :; -author. ' / ] -„.Mt'..,Eoote.TTrSupposo..you took one single 1 of,-,a, story, would tho < story,; be'aV it was,written'?—Witness: We c always cut' but" such- 'words. (Laughter.) i Ono' most popular' aiithor told ine ho had i ,300;such.;'taken'"out"by Messrs. Cassell. < (X/atightor.) - ( "'Was'there'any'reason why they should not ,hß'"ciit ' ; ojit_'ih. yqlinno form ?—Perhaps : the higher realms aro"not so'particular. Miy • Conlson Kornahan gave it as his opinion. that it. .was-nocessary to cut' serial 1 stories^...; His ~stories..Jiad been cut when appearing in serial form in the country. If an; author wanted to "make money by sell- i ,ing i his books in'serial form he must ex- 1 'pWt' them to.:b6'.-dalt with in a serfal ( way: J ■ f ; Mr'- Robert Leyton,-author and journalist, t and; '■ Mr."Alexander Kenealey, journalist, £ agreed with the previous witness for tho e defence, that the editor had a right to cut .s stbries. and alter.-.titles and characters.' i . Mr:" Kenealey said that ho had cut very j freely "Double Harness," written by An- c tlioriy Hope. <■ People at tho present time i wanted matter . condensed. "Rita", secured a verdict for £105. \