In accordance with his request, we herewith give the reply of Mr. Mosher
to our article about him (in P.C. January 23rd), in the same
prominent position:
SIR, Your article, which is as nearly a libel as you could safely
make it, has been read by me, and I will reply, trusting to that sense of
fair playwhich I am told is one of the dearest delusions an
Englishman hugs to heartfor its appearance in as conspicuous type
and position as the original attack appearing in your issue of January
23rd. What the Glasgow Herald adds may be safely dismissed; as the
late lamented Gus Williams once sang:
"I can fight with the lion that
roars in my path,
But I can't bear a cur [and Scotch at
that] at my heels!"
The fact is I have made books that
have been proved equal in quality to anything of the best made in your
tight little island. That is indeed grievous.
My legal right to make use of the
things I have chosen to reprintflotsam and jetsam on the unchartered
sea of literary misadventureis beyond dispute. If it was not I
should hear from your disgruntled correspondents in a very different
manner. Likewise the question of morals is a far-fetched proposition. It
is a standard for example that is not observed by your own houses, which
freely reprint expired copyright texts in England and the Colonies.
They could notthese
authors(save in some instances where I have arranged and paid
for revised and additional matter) convey any rights that would be in
force as against any one else who chose to reprint in America. In other
words, there was no copyright that any court in this country would
recognise for an instant.
Again, I ask what moral right
is involved by my reprinting matter that was either left in a first and
only edition intentionally or remained so because there was no
demand for a second edition?
My action has, indeed, forced the
hands of those who would have arbitrarily locked up("because
it's mine I'll do as I please") such work as Mr. Lang's
"Aucassin and Nicolete" and his "Ballads and Lyrics of Old
France." Even Mr. Lang did not say he would have refused permission,
but his grouch was that I didn't ask till after the deed was doneand
so, be damned to me!
But out of mere spitefulness he did
allow a young college friend of mine to reprint his "Aucassin,"
and hoped, no doubt, my sails would be blown away, to employ seafaring
terminology, which he would doubtless agree belonged of right to one who
had defiantly hoisted the Jolly Roger! The College Magazine is no more; my
sales wax and do not wane! And quite recently the "Ballads and Lyrics
of Old France" have appeared in London without material change just
as I had given them. Mr. Lang said they were poor stuff! Why did he
reprint them?
What just cause then have these
authors against me? I have made them known to an extent that in my
opinionand I am not alone in ithas resulted in the "de
luxe" Pater selling over here, whereas had it not been for my pioneer
work it might have seen as great a frost as the "de looks"
Arnold!
What about others who go on gaily with
English authors in whom copyright has not expired? There are a few of us
who issue Browning, Rossetti, Dickens, Thackeray et als. Are we
paying tribute or asking permission of the British owners of copyright?
Most, decidedly not.
What moral difference is there,
say, between me and your own reprinters, who, as soon as a copyright
lapses, put on the market editions that deceive and probably are intended
to deceive the bookbuyer as being complete editions? I do not
deceive, and whenever there is a chance for bibliographical notes I spare
no pains to give them. Legally your reprinters cannot do as I do, for fear
of the lawnot of your standard of morals. This is the gist of my
offence: what I republish is public property in this country, in yours
'tis private. Narrowed down, the difference would appear to be that I am
an American and your are an Englishman!
Does it seem egoistic to say that
there is something of my own in these editions which make The Mosher Books
saleable? What do you suppose it is? Not wholly "swelled head,"
as you would imply. Craftsmanship is not too long a word, I hope, for me
to use as well as practise!
That I have had the witcall it
just thatto devise new formats and to discover literary work
worth while using, which the original publisher never cared or thought
possible to use a second timethat is my contribution, and one that
cannot be overlooked or forgiven, as you seem to believe. The discoverer
is to some extentoutside of the English palethe owner;
treasure trove, I am told, even with yourselves brings some reward to the
finder!
I see that I must define my position
plainly. Well, here it is: without originality in bookcraft these "Gems
and Jewels" words you quote, but not used by mewould have
remained hidden as in a napkin to the American public, and of as little
value to the world at large. It is quite possible Messrs. Land and Hewlett
preferred to have it so. [Any sale of my editions in England is an
incident in my business. You need not be told the American market is
immeasurably larger than your own.]
It is equally certain that I decided
to overrule or rather forestall any dog-in-the-manger attitude by taking
what I had a perfect legal right, and as I believe (viewed from the
standpoint of the good of the many, especially where it does no harm to
the few) a perfect moral right to use.
Before howling at American
enterpriseand there are others beside myselfwould it not be
well to pluck the mote out of your own eye? Remember, the words of the
preacher: Be not righteous over much!
That is all, as I see the situation,
and I shall therefore continue to carry on my work despite your unfair
insinuations. There is room for such work, and I believe I have an
exceptional flair in recognising what is of worth even when buried
by neglect, or relegated to a single limited edition just because "it
is mine own and I'll do what I please with it."
May I conclude with a passage from a
poet we presumably both admire:
"That a lie which is half a truth
is ever the
blackest
of lies;
That a lie which is all a lie may be
met and
fought
with outright;
But a lie which is part a truth is a
harder
matter
to fight."
I think the statement you have allowed
yourself to make is precisely what this citation from Tennyson says it is,
and with this reflection, I beg to remain,Yours very truly,
THOMAS B. MOSHER.
Portland,
Maine (USA)
February
18th, 1909.
It will be seen that Mr. Mosher does
not attempt to answer our chief point against him, viz,the sale and
offer for sale of British copyright works in his illegal editions in
the United Kingdom and the Colonies. He has advertised in our literary
weeklies and in American papers circulating here that he will send any
work in his catalogue to any address in the world. With reference to his
statements as regarding Mr. Andrew Lang, Mr. Lang writes:
"I think I have always granted my
permission to publish in America books of mine not protected there by
copyright when I have been asked for my consent. I am unaware that Mr.
Mosher ever did ask, and I believe that he has tried, no doubt
successfully, to well his pirated copies of my books in this country!
"(Signed) A. LANG."
If Mr. Mosher had confined his sales to non-British markets we should have had nothing to say about him. But when, while robbing our authors, he talks about "the Soul of Man" and the "ultimate completeness of the Divine plan," in connection with his piratical publishing, it is not surprising to find our authors protesting. He says our article was as "nearly a libel" as we could "safely make it." If he will tell us what we can add to make it quite a libel we will with pleasure complete it.