Bryant, How to tell stories to children

Crothers, The pardoner's wallet

Repplier, In our convent days

Dawson, Makers of English fiction

Hale, Dramatists of to-day

Higginson, Part of a man's life

Burroughs, Ways of nature

Benson, Upton letters

Hutton, Talks in a library

Van Dyke, Essays in application

Dunbar, Lyrics of sunshine and shadow
Riley, Riley songs o' cheer

Wells, Satire anthology

Drummond, The voyageur, and other poems
Description and Travel

Carl, With the Empress Dowager
Wallace, Lure of the Labrador wild
Howells, London films

Le Roy, Philippine life in town and country
Buley, Australian life in town and country
Edwards, Home life in France

Lucas, Wanderer in Holland

Landon, Opening of Tibet

"LIBRARY WEEK" OF NEW YORK

LIBRARY ASSOCIATION

THE annual meeting of the New York Library Association will be held as usual during the last week in September, beginning Monday, Sept. 24. In view of the work done by the committee on institutes, in the 26 round table meetings, which have reached 179 libraries in the state (L. J., June, p. 276), it was decided by the executive committee that a meeting place more central and accessible than Lake Placid would be desirable this year, in the hope of bringing the small libraries of the state into closer touch with the association. This decision of the committee was discussed at an informal meeting of members of the association, held at Narragansett Pier, on July 4, and the proposal to call the meeting in a more central part of the state was unanimously approved. Announcement of the place of meeting will be sent out later. officers of the association are: Miss Mary W. Plummer, Pratt Institute Library School, president; Asa Wynkoop, New York State Library, vice-president; Mrs. Adèle B. Barnum, Niagara Falls Public Library, secretary; Edwin W. Gaillard, New York Public Library, treasurer.

The

The chief subjects chosen for the program are: "Civil service in its effect upon library efficiency," "The love of books as a basis for librarianship," and "Women's clubs and libraries in New York state." There will be two round-tables, one on "New ideas, methods and devices" and one on "The encouragement of library work."

HEARING ON THE COPYRIGHT BILL *

THE report of the first public hearing on the copyright bill now pending in the Senate and House has been published as a government document, of interest to all concerned in the question of importation of books by libraries. The joint committee on patents held four sessions, June 6 to 9, and heard a large number of opponents and advocates of the bill.

The first session was opened on June 6 with a statement from Herbert Putnam, Librarian of Congress, setting forth the history and purpose of the bill, and analyzing its fundamental provisions. Mr. Putnam read President Roosevelt's utterances on the pressing necessity for a general copyright law to take the place of the fragmentary and inade quate provisions of present statutes. He reviewed the conferences on the subject which began in June of last year, when, besides the special interests represented, the free assistance of the American Bar Association and the Bar Association of New York had been availed of, and the National Educational Association and the American Library Association were represented. The result of the first conference was a bill of 16,000 words; the second conference reduced this to 11,000 words, and the bill, as finally introduced, contains eight chapters, aggregating 8000 words. The body of the present copyright law comprises 4000 words. The provisions of existing law which are abrogated are very few, but the phraseology of existing law is only here and there recognizable in the bill. Mr. Putnam explained that this is because the bill attempts to be systematic and organic, and because it has sought general_terms, rather than particular specifications. The clauses relating to importation of books by libraries (given in L. J., April, p. 171-172) were referred to by Mr. Putnam, who stated the approval of those clauses by the American Library Association, officially, and the opposition to them by a number of librarians, who object to any diminution of present privileges. The American Library Association was represented at the hearing by Mr. A. E. Bostwick, who was obliged to leave before formal presentation of his argument; the opposing libraries were represented by Mr. W. P. Cutter, Forbes librarian, Northampton, Mass.

A statement in advocacy of the bill was made by Col. Stephen H. Olin, counsel for the American Publishers' Copyright League. He said, in part: "The bodies who have authorized me to speak in their behalf in this matter are the Academy of Design, the Fine

*ARGUMENTS before the committee on patents of the House of Representatives, conjointly with the Senate committee on patents in H. R. 19853, to amend and consolidate the acts respecting copyright, June 6, 7, 8, 9, 1906. Washington, Gov. Print. Office, 1906. 206 p. D.

Arts Federation, the American Publishers' Association, the American Publishers' Copyright League, which two bodies include practically all the publishers of the United States; the United Typothetæ, which include all the great employing printers of the United States; the Music Publishers' Association, some 42 music publishers who, by habit, not only represent themselves but those musicians who rely upon them for protection; the Photographers' League of America, the Print Publisher's Association, which two bodies represent largely the illustrating interests of the country; the International Typographical Union, which, as the committee knows, represents the typesetters and printers; and finally the American Library Association, wish me on their behalf to say that this bill in its present form has their substantial approval. It is understood that suggestions of modifications as to detail may be made by these orgar.izations individually through the Librarian of Congress; and I submit their signed paper to that effect to the committee."

In regard to the provision relating to importation of books by libraries, Mr. Olin stated that this was an extension or modification of the present rights of the copyright proprietor as against the public. "As the law stands to-day the importation into this country of a book which is copyrighted here is prohibited, and there are certain exceptions, in the first case, of certain libraries and colleges who may import not exceeding two copies in one invoice, and individuals who may import not exceeding two copies in one invoice. This bill makes a modification of the present rule. . . . So far as it goes, the privilege of importation is an inroad on the rights given to the copyright proprietor. It is an inconsiderable inroad so far as most popular books-novels and the like which have circulation are concerned. The few hundred books that come to individuals here amount to not a very substantial burden upon the proprietor of such copyrights. But there are certain classes of books, expensive to prcduce, and with a very limited circulationbooks of a scientific character, books illustrated with plates and they circulate among the precise classes; that is, the libraries and the colleges and these individuals who are particular about their libraries, the precise individuals who import books under these exceptions; and there were instances brought before the conference where publishers here had declined to undertake a book which would have been valuble to the public, which would have been valuble to the typesetter to set up, and the American publisher to bring out, and to the American bookseller to sell, for the reason that the very limited public which these books addressed would all, in the natural course of events, have their demands filled through these exceptions to the prohibition of importations.

"That did not hurt the libraries or the individuals who habitually get English editions. It did hurt, we maintain, the American public, the reading public, and a great many individuals among the American producing classes. So that there was a modification requested of the present rules, and the modification in regard to the libraries is this: There is to be not exceeding one copy to be introduced on an invoice, the privilege is not to relate to books which have their origin here in America. With your permission, I will briefly explain those two points. In the first place, ordinarily a library or a college needs only one book at a time. If it needs another copy of the same book it is not too much to ask that it make another importation to bring it in. Under the present rule, while delicate and careful men would not take advantage of it, it is constantly a temptation to a librarian who can import free of duty and free of the copyright proprietor's claims, two copies of a book from England, to import one for the legitimate use of the library and one for some other use. The effect of that influence can not be particularly measured.

"The other point is one which can be clearly understood. It is now the right of colleges and libraries, an important right, that in case of an English book they should be able to get the English edition, which in some instances is more complete or for other reasons better than the American edition. But it can almost never be an important right to obtain the English edition of an American book since the American edition is almost always more complete, or equally complete. So that the right to import the foreign edition of an American book, a book of American origin, would ordinarily be confined to the Tauchnitz and the like editions with which the gentlemen of the committee are all familiar, where a continental publisher publishes English and American books for the benefit of travelers, and they are not allowed to be reimported into England or America. It seems to the publishers fair that the same rule which applies to every Englishman and every American as to such Tauchnitz editions should be applied to libraries; that is, that they should get the American edition, and not the other, of which the only advantage is cleapness, arising from its special purpose.

"Whether or not these are reasonable changes has been very largely passed upon, it seems to me, in the controversy that has gone on with the American Library Association, which is a very powerful and very diligent and active association, and which has been very much interested in these matters; and in laying before you their approval of the bil! in its present shape, it seems to me that as to this clause it must establish in the minds of the committee a clear prima facie case, at least, that this compromise that is agreed upon is a reasonable compromise.

There are gentlemen here who represent certain libraries who, I understand, think that it is not a reasonable compromise. They object that this compromise goes too far; and all that we can reasonably ask the committee at this moment is that if it occurs-if it seems to the committee that what this minority of librarians have to say overcomes the presumption of fairness that arises from a compromise satisfactory to the majority- that then the publishers may have their opportunity of showing to the committee that it is a fair compromise and a reasonable disposition of the matter."

Mr. W. P. Cutter stated that his argument in opposition to the importation clauses was not made in behalf of an association or of himself personally. He said: "I claim to represent only the public libraries of the following cities: Chicago, St. Louis, Baltimore, Louisville, Pittsburgh, Newark, Minneapolis, Los Angeles and Springfield, Mass. Also the libraries of the following universities and colleges: Yale, Cornell, Colgate, Wisconsin, Michigan, Amherst and Brown; the New York State Library and the Connecticut State Library; the Western Massachusetts Library Club, comprising a membership of 40 libraries, and the Connecticut Library Association, representing the organization of libraries in Connecticut."

Mr. Cutter stated that the existing law allows public libraries to import two copies of any book without any restriction as to what the book shall be. In reply to questions by the chairman, he said that under the existing law libraries might import unauthorized editions, or fraudulent reprints that absolutely no restrictions existed. Objection to the proposed importation clause was based partly on the reason that "in importations for large libraries it does not apply to small libraries which import only a small number of books a case of books will come in from abroad, books that are not copyrighted in this country, English books. One book in that case might, by a mistake, be one which was copyrighted here, printed in England, and containing no notice of its copyright in the United States of America. If that fact was discovered it would send all of that box of books to public store; it would place all the box of books, as I understand, in danger of being destroyed; and it would place the librarian who did the importing in danger of having to show the Secretary of the Treasury, under this law, that he was not guilty of trying to import that book illicitly." Mr. Cutter continued: "Our objection to that is the fact that libraries in these days must have at their disposal as quickly as possible the printed thought of foreign countries. If there is any delay in our obtaining the book (and those who have had experience, as I have for thirteen years, in importing books for libraries in this country, know that there is often six months' delay

in getting a box of books through the custom house where there is the least question as to any of them) it would mean, practically, that our reason for buying the books at that time had disappeared. We want the printed English thought as quickly as possible.

"Now, my other reason is a commercial reason, and in order to state it I shall have to go somewhat into ancient history. About the year 1901 certain publishers of this country formed an association called the American Publishers' Association, and, in conjunction with the American Booksellers' Association, entered into an agreement to control absolutely the selling price of books in this country. It was an agreement among the publishers that they would not furnish books to booksellers who did not agree to sell the books at a standard price in other words, a trust proposition. The libraries were granted a ten per cent. discount from the price of the class of books affected by this agreement, so-called net price books. We discovered, however, on examination, that these new prices which were fixed were so much higher that the net result to us was an advance of 25 per cent. in the price of the book; and we found that the majority of those books were not books written by American authors, but they were books written by English authors and copyrighted in this country, and that there was difference in price amounting to the 25 per cent. tariff on printed books. So that this question, gentlemen, is a question of trusts and a question of tariff.

"Now, the librarians have been getting around that by importing English books, because the same book printed on the other side is sold in the case of these expensive books at a very much reduced price compared with the price on this side. If I am going back now to my first position-if I am prevented, by the difficulties in getting through, by accident, a copyrighted book, from getting at the non-copyrighted book so long, then I will be forced to go to Mr. Scribner who will buy the books for me abroad at his price against my interest.

"Now, I am connected with a library that spends $12,000 a year for books in a country town. Of this sum $5000 is spent for English books. I am a representative of a city government which taxes itself to a certain extent to educate the people in its community; and I object seriously to paying $1000 of that $12,000 to American publishers as a tax. That is my point." In reply to questions, Mr. Cutter suggested the entire elimination of section 30 of the bill, after the first use of the words "United States," which he thought would be satisfactory to all librarians. The limitation of importation to one copy at a time he did not object to. He also spoke briefly on behalf of the firms importing books in this country which he said were not represented in the discussion of the proposed bill. He said: "A great many of our libraries

have to import books through these men because they get a cheaper rate of importation through them than through some of the firms that are also publishers of books. This would prevent the importation of some of these books through those firms. It would practically ruin their English business, largely ruin it; and on behalf of a library that uses that method of importation largely, it seems to me that some provision might be made for other importers than those who are publishers of books." He therefore suggested an amendment to the clause reading "When imported, not more than one copy at one time, for use and not for sale, under permission given by the proprietor of the American copyright," by leaving out the consent of the American copyright proprietor. "That changes existing law only in this particular it allows the importation of only one copy instead of two copies, as the existing law does. It gives the importer who has established a business here based on legislation, and who is closely in touch- the firm that I speak of serve libraries and learned men mostly with expensive books, and have practically no sale to the ordinary public — it would give them an opportunity, and it would give a scholar in this country who wants a book for a particular purpose for his own use and not for sale, an opportunity to import it."

Mr. Cutter's statement that the existing law permits importation of unauthorized editions or fraudulent reprints was later taken up by the committee, and referred to Thorvald Solberg, Register of Copyright, for a statement as to existing practice. Mr. Solberg said that this was a question of the interpretation of a complex statute, and later presented the following communication on the subject to the chairman of the committee:

"DEAR SIR: I ask to be allowed to file for the printed report of the hearing on the copyright bill the following, in addition to my answers to the questions you asked me on Friday, June 8, in relation to the importation of copies of unauthorized editions of American books:

"I. It is fundamental to the protection of copyright that all unauthorized reprints of copyrighted books shall be prohibited importation into the country of origin. It is therefore provided in all foreign copyright legislation that such unauthorized copies shall be prohibited importation. Such copies are treated as fraudulent copies, and I know of no provisions in any foreign legislation which permit importation of unauthorized copies either by individuals, educational or other institutions, or libraries.

"In the copyright legislation of the United States prior to 1891, the provisions prohibiting importation dealt only with unauthorized copies and these were prohibited importation. except with the direct consent in writing of the author or copyright proprietor.