In mentioning this matter of so-called "piracy," I do not mean to accuse the reputable American publishers of English books of any wrong, for they were guilty of none. They were victims of the lack of law as truly as the authors on either side were. They were as eager as the authors--English or American--could be, for an international copyright law. For lack of it their profits were cut short and their business enterprises set awry. The reputable publishing houses in this country actually purchased the American publishing rights of many English books with no other protection of what they had purchased than such as was afforded by the "courtesy of the trade"--a certain gentlemen's agreement under which no reputable American publisher would reprint a book of which another publisher had bought the advance sheets. This protection was uncertain, meager, and often ineffective for the reason that there were disreputable publishers in plenty who paid no heed to the "courtesy of the trade" but reprinted whatsoever they thought would sell.
In the case of such works as those of Herbert Spencer and some others, I believe I am correctly informed that the American publishers paid larger royalties to the authors--larger in gross amount, at least--than those authors received from their English publishers. In the same way American publishers of the better class paid liberally for advance sheets of the best foreign fiction, often at heavy loss to themselves because the books they had bought were promptly reprinted in very cheap form by their less scrupulous competitors. In the case of fiction of a less distinguished kind, of which no advance sheets were offered, they had no choice but to make cheap reprints on their own account.
It is proper to say also that if this was "piracy," the American publishers were by no means the worst pirates or the most conspicuous ones, though the complaints made were chiefly of English origin and were all directed against the Americans.
I shall never forget the way in which my brother, Edward Eggleston --himself an active worker for international copyright--met the complaints of one English critic who was more lavish and less discriminative in his criticism in a company of Americans than Edward thought good manners justified. The critic was the son of an English poet, whose father's chief work had won considerable popularity in America. The young man was a guest at one of the receptions of the Authors Club, every member of which was directly or indirectly a sufferer by reason of the lack of international copyright. He seized upon the occasion for the delivery of a tirade against the American dishonesty which, he said, threatened to cut short his travel year by depriving his father of the money justly due him as royalty on the American reprints of his books.