per Fanny C. Hesse
13 December 1876 • Hartford, Conn.
(MS: NNC, UCCL 01394)
(SUPERSEDED)
Hartford Dec 13th 1876
Dear Conway1
[Its] a mistake, I am not writing any new book. Belford has taken the profits all out of “Tom Sawyer”. We find our [copywright] law here to be nearly worthless, and if I can make a living out of plays, I shall never write another book. For the present I have placed the three books in mind, in the waste basket, but if I should write one of them, Chatto shall have a say in it.2
The Canadian “Tom Sawyer” has actually taken the market away from us in every village in the Union. We cannot accomplish anything against the news dealers, because the newsdealer is privileged to sell a pirated book until we give him personal and distinct notice, that that book is [copywrighted]. The Publishers say that as near as their lawyers can make it out, English [copywright] is not worth anything in Canada, unless it be recorded in Canada, within sixty days after publication in England.3
We still hope to see you in London in April & I shall be very sorry if anything interferes to prevent it.4
With kindest regards, I am ever yours truly and sincerely
Sa Samℓ. L. Clemens
P. S. Have just written a new play with Bret Harte, which we expect great things from, tho’ of course we may be disappointed.
S. L. C.
Explanatory Notes | Textual Commentary
Andrew Chatto must have seen the 25 November 1876 number of the London Athenæum, which reported: “Mr. Mark Twain is said to be engaged on a book named
‘The North Pole, and how we didn’t get there’” (“Literary
Gossip,” 691). Miss Lee has not been identified. Clemens had discussed his hope for a dramatization of Tom Sawyer in his 14 August 1876 letter to Eustace Conway, and presumably in subsequent letters to Moncure Conway that have not been
found. For details of Clemens’s earnings on the two thousand copies of the English
edition of the book, see 29 Dec 76 to Conway, n.
1.
The difficulty is that we have to
prove that the news dealer knew it was a copyrighted
book, to sustain our case. Such has been the construction put upon the law by lawyers. It is hard doing this. Everyone
will claim they did not know of this fact & were not responsible for selling it. . . . I
learn that to hold a copyright in Canada—taken out in England, it is necessary to have it recorded in Canada
also, within 60 days of its publication in England, or it is lost— I fear your copyright in Canada is
worthless— (CU-MARK) See also 2 Nov 76 to Conway, n. 3.
Copy-text:
Previous publication:
MTLP, 106–7, partial publication; MicroPUL, reel 1.
Provenance:The Conway Papers were acquired by NNC sometime after Conway’s
death in 1907.
Emendations and textual notes:
Its • [sic]
copywright • [sic]
copywrighted • [sic]
copywright • [sic]