I. To copyright[14] the said Work in the United States of America
in the name of the Publishers, and to take all usual precautions to
protect the same.
II. To publish said Work and put the same on the market at their own
expense, in such style and manner as they shall deem expedient, and
at such time or times as they shall see fit, it being understood that
the advertising, the number and destination of free copies, and each
and every detail as to manufacture and publication shall be in the
exclusive control of the Publishers.
III. To pay to the Author[15] ... per cent. on the catalogue (retail)
price, regular cloth style, for all copies of said Work actually sold
by them, which shall be construed as not including copies given to the
Author, travelers' samples, damaged copies, copies given away for the
purpose of aiding the sale of the Work, copies sold at or below cost,
where falling off in profitable sales in any style of binding requires
this, or copies sold at a catalogue (retail) price of fifty cents or
less, or copies sold in foreign countries.[13]
IV. To pay upon all copies of the said Work sold and paid for at a
catalogue (retail) price of fifty cents or less, or copies sold in
foreign countries, one-half of the first above-mentioned royalty or
percentage on the foreign[16] catalogue (retail) price of the same.
V. To pay upon all copies of the said Work sold at "remainder" prices
(except when sold at or below cost) ten per cent. of the actual net
price received. Such "remainder" prices shall not exceed one-third of
the retail price of the Work.
VI. To pay to the Author the sum of ... on the ... day of ... in
advance and on account of the royalty or percentage to accrue to the
Author as hereinbefore specified.
VII. To give to the Author[17] ... copies of said Work, and to sell to
him further copies for his personal use at the trade[18] price.
VIII. No payment shall be made by the Publishers for permission
gratuitously given to publish extracts from said Work to benefit the
sale thereof; but if the Publishers receive any compensation for the
publication of extracts therefrom, or for serial use after publication
in book form, or for translations, or abridgments, such compensation
shall be equally divided between the parties hereto.
IX. If the publishers receive any compensation for rights of
dramatization, moving-picture rights,[19] or first serial rights, such
compensation shall be divided in the proportion of[20] ... to the
Author, and ... to the Publishers.
X. To submit statements of sales as of the second Monday in January
[and the first Monday in July],[21] on April 1st (and October 1st
respectively) in each and every year, and to settle for the same in
cash on the first of every May (and the first of every November),
respectively following.
FIFTH: It is further covenanted and agreed by and between the parties
hereto as follows:
_A._ If at any time during the continuance of this agreement the
Publishers wish permanently to discontinue the publication of
said Work, they shall notify the Author in writing, mailed to his
latest-known address, and for thirty days thereafter he shall have
the option or right to buy from the Publishers all copies on hand at
the cost of manufacture, and (should these not have been destroyed by
fire or otherwise) stamps and electrotype plates if any, at one-third
their cost to the Publishers, paying in addition for engravings of the
illustrations, if any, twenty-five cents per square inch of each plate,
and upon the failure of said Author to exercise this right or option,
by paying for the same in cash within said time, said Publishers shall
dispose of the same as they may see fit without any commission or
percentage whatsoever, and this contract shall forthwith cease and
determine.
_B._ If, after the publication of any edition of said Work, the plates
be rendered useless by fire or otherwise, the Publishers shall have
the option of reproducing them or not; and if they shall decline to
reproduce them, then, after the sale of all copies remaining on hand,
they shall, upon written request, reconvey to the Author the copyright
and all rights herein granted, and this contract shall terminate. No
insurance shall be effected by the Publishers for the Author.
_C._ The parties hereto hereby agree to settle all disputes and
differences under this contract by arbitration. One arbitrator shall be
chosen by each party to this agreement, and these two arbitrators shall
select a third, and the decision of a majority of the arbitrators shall
be final and shall be binding upon the parties hereto.
_D._ It is understood and agreed that the Publishers are not insurers
of manuscripts or drawings placed in their possession, and that they
shall be liable for gross negligence only in the care of the same.
It is understood and agreed that this instrument shall bind the parties
hereto, their heirs, executors, administrators, successor, successors
or assigns.
IN WITNESS WHEREOF the parties hereto have hereunto interchangedly set
their hands and seals the day and year first above written.