Chapter 16

Only the author or his assignee (_i.e._ the proprietor) may secure copyright in a book. An author may transfer orally all or part of his rights before publication, but after publication it is necessary for him to make the assignment by some form of written instrument. In order to make it a valid assignment, the original instrument must be sent to be recorded in the office of the Librarian of Congress within sixty days after its execution. The fee for recording an assignment is one dollar. After the original document has been recorded, it is signed and sealed and returned to the sender, who should preserve it with the certificate.

It is a common practice to have in the contract between the author and his publisher a clause assigning to the publisher all of the author's rights for the "full term of copyright and for any and all renewals." The agreement, of course, includes other provisions such as for the payment of the usual royalties, accounting, etc. Having been made before publication such an assignment does not need to be recorded in the Copyright Office.

The history of copyright is an extremely interesting subject, but it cannot be properly treated in the limits of this article. It may be mentioned, however, that the first copyright law was enacted by Parliament during Queen Anne's reign and is known as "8 Anne, c. 9." This statute provided that an author should have complete control of his literary productions during a first term of fourteen years after publication, and a renewal term of the same length, and provided penalties against piracy. A great many questions concerning this law arose from time to time in trials before various courts, but perhaps the chief one of interest was that of whether the limitation of the period during which it granted protection had destroyed the author's rights which had existed previously. For fifty years after the passage of the law, the decisions were that the right of ownership existed for all time as a right in common law unaffected by the statute, but in 1774 the highest English court held that while the rights of the author before the publication of his book remained unaffected, after publication he had no rights except during the period specified by the statute. This decision is still believed by many authorities to have been a wrong one, but it has been the basis for all subsequent copyright law in this country as well as in England. Therefore in the United States to-day, the right of ownership lies in the author until his work is published, but upon publication he has no rights except those given him by law, and these he can obtain only by a strict compliance with the requirements of the law. Any one who is sufficiently interested to read the first hundred pages of Drone's "Treatise on the Law of Property in Intellectual Productions" will be well repaid for the effort, and will obtain considerable light upon how the "right of copying," or printing, a book developed, why its duration is not unlimited, and why we must observe certain formalities in order to protect our literary work by it.

PUBLICITY

By Vivian Burnett.

The duty of bringing the productions of a publishing house to the attention of the public is a very important one, and much depends upon the cleverness and energy with which it is discharged. It can easily be seen that no matter how good the books brought out by a firm, they would be likely to remain on stockroom shelves if readers were not properly made aware of their issue. The name "Publicity department" is the most descriptive title that can be given to the part of the staff devoting its energies to the many variations of news-spreading involved in this work.

Publicity involves both editorial and commercial elements. From the editorial side it is of prime importance that the person in charge of the publicity have at the very beginning a complete and definite idea of the reasons that have ruled in the acceptance of a book,--what class of people it was published for, and just what species of a book it is considered to be. Is it purposed to appeal to a certain religious class of people? Is it for the distinctly literary? Perhaps it is one of those volumes on the border line between a juvenile and an adult's book, which may be presented either as a volume for young or for grown-up folks. The publicity man must be in full understanding of this estimate before he can do his work properly. On the commercial side, he must know just the feeling of the trade in regard to an author and any type of book; and must be in close touch with the salesmen, not only at the beginning, but all through the life of the volume. He can learn from them what amount of success the author's previous books have met, and thus be enabled to present his volume in a way that will hitch on to a previous success or avoid the odium of a recent failure. Salesmen can help him to know the interests of every section of the country, so that advantage can be taken of them in bringing the book to the local bookseller's attention and influencing him to a special effort in its behalf.

Few people are aware of the influence exerted by the book clerk, who can substitute something "just as good" much more easily than a drug or dry goods clerk, especially if he has a good argument to offer. The largest part of the publicity of a publishing house is aimed to influence the general reader, but more and more attention is to-day being paid to the salesman in the bookshop, and quite wisely, too. He cannot be expected to read all the books, and any effort made to give him an acquaintance with your books that goes beyond their covers is clear gain to him, to the publisher, and distinctly to the book-buying public.

Now, a book can be made or marred by the publicity it gets. If it is wrongly launched, it will have an uphill climb, whatever its virtues. This is especially true, as a result of the fact that a good deal is written and printed about a book before it is off press and present to speak for itself.

One general rule should be most strictly adhered to in publicity, and that is, be honest and be sincere. Nowhere is the rule "honesty is the best policy" more unanimously justified. You may be as enthusiastic as you please, but the book should be put forward for what it really is. Only under such handling does it stand a chance for the full success its qualities warrant. This all reverts to the question of the editorial conception of a volume. Some books are not made for great sellers; they are written for the keen enjoyment of a select educated few; and if so presented that they fall into the hands of the popular novel devourer, they will surely be condemned, and the condemnation will reach and have its effect upon many who should legitimately have bought the book. On the other hand, a novel of no literary quality thrust into the hands of a person of bookish tastes will make an influential enemy, who will doubtless have among his followers many persons to whom the book would appeal. It is best to find out what people will take the book, and advertise it to them. The process of emasculating your presentation of it by cutting out everything that would keep _anybody_ from reading it is a dangerous one. The dislikes of the world of readers are too many for one to be able to dodge them all, and, after all, most of us like a positive rather than a negative volume. Just because many people do not read essays,--to take an extreme case,--is no reason for avoiding the statement that yours is a volume of essays. Fortunately, there are thousands upon thousands of people who do read essays; and if the book is a good book of essays, they will bring their influence--that word-of-mouth influence which is almost as powerful as a "puff" by President Roosevelt--to bear upon non-essay reading people, and you will be the gainer by that much for your wisdom and honesty.

These observations are germane, and worthy consideration because commercialism and the endeavor to produce big sellers are always an influence to overstate, misstate, and be extravagant in the praise of a volume. But such extravagance always discounts itself in the mind of the reader, and experience has pretty definitely proved that what a prospective buyer wants is a straightforward concise indication of the story and its quality. A word of praise quoted from a review may help him make up his mind, yet he probably knows it is a pretty poor book of which _some_ newspaper doesn't say "Holds the reader's interest from cover to cover" or "We hail the author of this volume as one of the most promising of our American writers."

In considering the practical details of publicity, it will be clearest to take them in chronological order. First: The book should be thoroughly and critically read. The person in charge of the publicity ought to have every volume put into his hands as soon as it is accepted. When he has read it thoroughly and has formed his idea of it, he discusses it thoroughly with the person responsible for its acceptance. From this discussion, in which the sales department is represented, evolves naturally the "editorial attitude" upon which every line of future publicity and every sentence of salesman's talk will be based. Without a complete understanding throughout the establishment of the "editorial attitude" the entire publicity will be aimless and unconvincing.

The first work in publicity on a season's book is probably the catalogue, which must be had ready for the salesmen when they go off on their trips. The aim of the catalogue is to present as full an account of the book as possible. It is meant for the eye of an interested person, who can be counted upon to read rather a lengthy notice. Every possible detail of price, number of illustrations, paper, size, kind of binding, table of contents, previous works by the same author, are given, and thus it becomes a complete reference book. It is the general custom of publishing houses to issue a complete catalogue in the Fall, with a supplemental catalogue in the Spring containing the books of the Spring season. Most firms also bring out a Fall list, to present their Fall books, which would be buried beyond notice in a bulky complete catalogue. In this Fall list not infrequently the Spring books are included, making what is really an annual catalogue. These three catalogues are essential, and they are as a rule supplemented by many special book lists and pamphlets. A holiday catalogue is a steady institution in nearly every publishing house. Its aim is to present to Christmas buyers the most attractive volumes of the house's issue, and it is usually elaborate, with many illustrations, a fine cover, and it is often printed in colors. Then there are frequently issued catalogues of books on special subjects, art, children's books, special editions, etc.

The uses of catalogues are many. A large number are sent to the publisher's best friend, the bookseller,--sometimes imprinted with his name,--who distributes them. They also go out by mail to special lists of people who are known to be interested in books, and a large number are sent to persons who write asking information.

In elaborateness the circular follows close on the catalogue, and it has quite as wide if not a wider field. It is large or small, depending upon the importance of the book. Sometimes it reaches the dignity of a bound pamphlet, but it is usually a single leaf or at most a four-page folder. Here again, all necessary information of price and contents is given at length. But as the person into whose hands the circular falls cannot be counted on to be interested beforehand, the whole make-up and arrangement of the circular is calculated for drawing attention and fixing interest. The circular, therefore, must be made attractive.

And here should be introduced a word in general on the appearance of the printed matter that is sent out by a publishing house. It must be good printing. It must be attractive printing. It is the indication to the people whose eyes it meets of the work of the house it advertises. Few people want to buy badly made books; and, unconsciously, if a circular or catalogue is commonplace and badly printed, those qualities will be attached to the book advertised. And it is quite true, on the other hand, that the distinction and comely appearance of a circular will prejudice in favor of the book. Moreover, a circular's service can be rendered only when it attracts attention, and what is spent in aiding it to catch the eye, through making it artistically beautiful and printing it in color, will bring its return and more in the added efficiency produced. There are, doubtless, people who would not be affected by bad printing, but people of taste, the people who most influence the sale of books, are sure to be antagonized.

Probably, the most useful circular of all is the little leaf or "slip" circular. It is printed on both sides, and is inserted between the leaves of books of similar interest to the one it advertises, usually about three to a book. It is made the size of the ordinary business envelope, for it is also used in direct circularization of lists and as an enclosure with bills, statements, and sometimes with general correspondence. Often, when advertising two or more books, it has four or even eight pages, though the latter makes it almost too bulky for insertion in books. These larger circulars have an order form attached giving the list of books, and a place for the name and address of the prospective buyer,--a device to make it as easy as possible for him to order his selection. When such circulars are inserted in books either the order form is left off, or something substituted in its place, for, as can readily be seen, the order form is a bid for direct business by the publisher which would naturally be obnoxious to the bookseller. Larger and more elaborate circulars than these as a rule are used only for direct circularization. The subject of circularization is much too important and complicated to be exhausted in a few paragraphs, or even in an extended article. Enough has been said here, however, at least to suggest the circular's field.

The next problem in publicity to be taken up is the poster. The poster has had its ups and downs, and in some quarters is a somewhat discredited form of advertising, but it has its value. The booksellers always demand posters. The one great argument against them is that posters good enough to attract attention, that is, with a good design and in colors, are somewhat expensive for book advertising. If properly exhibited, they sell books, but the difficulty lies in the fact that if they are _too_ attractive, they are likely to find their way into a poster collector's portfolio before they have been exposed long on the board. Yet, especially with leading books of fiction, this is one of the risks that must be taken, for with each such publication, the public eye must be caught with the fact of the book's issue, and for this purpose a striking poster has no equal. For serious books inexpensive clear type posters are quite sufficient.

The book being now nearly off press, there will be needed some matter for the paper jacket that slips over and protects the cloth cover while the book is on the stall. Most important is the brief note on the front that serves to indicate the quality of the volume and thus guide the purchaser. On a book of fiction fifty or not more than seventy-five words of the very best possible presentation of the book is required. Here is the place where most of all the prospective purchaser's interest must be aroused. Here the most felicitous publicity inspiration is needed--and the problem is to indicate the story, yet not tell it, and to pique curiosity to the buying point. On books of a serious nature a jacket note is just as essential, if not more so, but the problem is different. The prospective purchaser of such a book as "Irish History and the Irish Question," "The Flower Garden," for example, has an interest in the subject already aroused. What he wishes to know is the scope of the volume and the manner in which the subject is treated. The note for such a volume, therefore, should contain a plain, straightforward statement of the importance of the book, the point of view taken, a brief table of contents indicating the most important divisions of the subject, and some mention of the author's special qualification for writing the volume. On the back of the paper "jacket" and on the little flaps that turn at the sides of a book, it is customary to put advertisements of cognate books. Often these paper jackets are treated in elaborate poster style, and for good reason, since as a rule they are the first part of a book a buyer sees, and his attention is not likely to be attracted if only cheap paper be used.

The date of the book's publication has probably now been set, and the next step in publicity--a most important one--is the sending out of review copies. This is the last thing in which haphazard methods would be permissible. The list of newspapers who get complimentary copies should be carefully selected, not so much with an eye to size of circulation, as to quality and standing. A paper that is known to give attention to books is worth two that have merely large circulations and no distinction; first, because the books sent will be appreciatively reviewed, and, second, because people in the habit of buying books will consult the review columns and be influenced by them. There are possibly one hundred and fifty or one hundred and seventy-five papers in the United States to whom it would be profitable to send a book. A great many more, however, think they should receive them. With even the most popular novel two hundred review copies is a generously sufficient number to place for review. In deciding where these should go, the contents of the book itself is of course the guide. Some books can be calculated to appeal more to one section of the country than to another because of their subject-matter. Certain classes of people--ministers, school-teachers, sportsmen, doctors--can sometimes be drawn upon by the judicious distribution of a few complimentary copies, to assist the sale of a book, and then there is the home of the author, where special attention can always be expected.

Opinions differ as to the amount of influence exerted by reviews upon the fortunes of a book. It is certainly true that to trace direct returns from reviews is often difficult. Frequently books which are splendidly reviewed move slowly, and there seems no explanation of their failure to "catch on." They may be, and frequently are, books of real value and quality. The history of publishing is full of such mysteries. On the other hand, _returns_ are visible enough when a book is slated by the press; there its power is amply evident.

The American press is notably fair, notably discriminating, and notably independent. It gives its own views fearlessly, and resents any efforts made by publishers to get their own adjective-besprinkled puffs printed. In rush seasons it will make use of publisher's description, after carefully blue-pencilling obtrusive adjectives, but it goes no farther. In fact, the newspaper-review part of publishing publicity is best left alone. The book must do the work itself.

The book has now reached the place where that which is commonly called advertising should begin; that is, publicity in newspapers and magazines. The use of newspapers, to any great extent at least, is a comparatively recent development in the publishing business, dating back not much more than ten years. Its efficiency, that is to say, its proportion of return to outlay, is far from being established. While at the beginning of the movement great rewards were reaped, the light of more mature experience seems to show that those books which, under heavy newspaper advertising, reached editions of 100,000 to 150,000 were really special cases,--books of a peculiarly popular, almost low-grade, quality, that had an exceptional public. It is sure that what brought success with them would not succeed with the average publication. For this reason, publishers to-day are by no means as lavish as they used to be with their appropriation for newspaper advertising. Yet even in this era of retrenchment a very large proportion of the money devoted to publicity still goes to the newspapers.

While it would be foolish to attempt formulating a set of fixed rules for newspaper advertising, there are certain underlying principles that should be borne in mind.

Books are in the class of luxuries; most books at least. There is no natural demand for them to assist the advertiser, such as there is for food-stuffs. With a book, it is the advertiser's business to persuade the buyer that he will be interested or instructed or amused by the volume to the value of his outlay, be it a quarter or fifty dollars,--where in the matter of necessities and food commodities the advertiser's task is the much more simple one of proving that his product is intrinsically better or better value than any similar thing on the market. The sale of a book depends entirely upon the almost artificial desire that is created for it, whereas with other things there is a real need, and it is necessary only to prove that the article fills this need. For these reasons book advertising--with piano, picture, music, candy, and perhaps automobile advertising--is difficult to carry out profitably. It is the class most expensive proportionately to the value of the product, for it can count in only the smallest degree upon what is known as the "cumulative" effect of a campaign. Every advertisement of such an article as a breakfast food, for example, whether it be on a bill-board, in a newspaper, or in a circular, adds to the effect of every other one. The repetition of the name, whether it be consciously or unconsciously observed by the public, assists in forcing attention and thus interest, and finally results in a sale. Half a million dollars can be spent in making "Whipped Oats" a household word. Every dollar backs up every other dollar, and the demand for Whipped Oats will last for years. "The Return from Davy Jones," which can have at the very most say $5000 spent on it, benefits the very least from the cumulative effect, and the demand for the book is practically over in a year, especially if it be a popular novel. Each newspaper advertisement of a book must in fact bring returns to pay for itself, and this, of course, demands the very cleverest kind of "copy."

Many elements enter into the popularity and sale-ability of a book, but no one seems to know just what they are. Even the best and most experienced readers fail to pick successes--let big books go by them, and conversely praise volumes that turn out flat failures. Yet certain things in the line of publicity can be counted upon to assist in making a volume's success. The name of a well-known author is the best asset a book can have. That gets it good advance sales and a quick and appreciative attention from the book reviewers. In this respect, nothing could better exemplify the New England homely proverb, "Sich as has, gits." The work of publicity on a book by a well-known author is easy, if care is taken always to bring that author's name forward in connection with his previous achievements. This is especially true in regard to newspaper advertising.