"Intellect & mothering instinct not at odds, types of minds" Read the full letter
| Letter Reference | Findlay Family A1199/B Documents: Box 7/16 |
| Archive | William Cullen Library, Historical Papers, University of the Witwatersrand |
| Epistolary Type | Letter |
| Letter Date | 25 November 1895 |
| Address From | na |
| Address To | |
| Who To | Roberts Brothers |
| Other Versions | |
| Permissions | Please read before using or citing this transcription |
| Legend |
The Project is grateful to the William Cullen Library, University of Johannesburg, for kindly allowing us to transcribe this Olive Schreiner letter, which is part of its Historical Papers. This 'Copyright Contract:Memorandum of Agreement' for Stray Thoughts on South Africa is a typescript template with detailed notes added in handwriting by Olive Schreiner, as denoted by the chevron ^insertion^ symbols.
|
1
^Stray Thoughts - Roberts Bros^
2
3 Memorandum of Agreement, made the ^twenty fifth^ day of ^November^ 18^95^;
4between ^Olive Schreiner of Cape Colony So Africa^
5
6 part^y^ of the first part, and ^Roberts Brothers^ Publisher^s^ and
7Bookseller^s^, doing business in the City of Boston, ^Massachusetts U.S.A^,
8 part^ies^ of the second part.
9
10 Whereas, the part^y^ of the first part ^is the author and owner of the
11Copyright of a work called Stray Thoughts on South Africa^ for the
12publication of which the parties hereto desirous to provide.
13
14 Now it is agreed, by and between the parties hereto, contracting for
15themselves and their legal representatives and assigns respectively,
16as follows:
17
18 I. The part^ies^ of the ^second^ part shall take out a copyright upon said
19work, in due form of law, in the name of ^the author, the said work to
20be published primarily in some periodicals in America and England
21simultaneously. ^
22
23 II. The part^y^ of the first part do^es^ hereby warrant that the said work
24^shall^ not infringe upon any copyright now in force, and authorize^s^ the
25part^ies^ of the second part to defend any and all claims, suits, and
26proceedings which may be taken against ^them^ for infringement of any
27other copyright by the publication of said work, and to charge the
28reasonable expenses of such defense to the part^y^ of the first part.
29
30 III. The part^ies^ of the second part shall publish said work as soon as
31practicable, after receiving the ^revised copy^, and in such a manner as
32^they^ shall deem most expedient, ^and^ shall keep the market at all times
33fully supplied therewith, and shall use all reasonable endeavours
34according to the usage of the trade, to obtain as large a sale as
35practicable therefore.
36
37 IV. The part^ies^ of the second part agree to pay the part^y^ of the first
38part a copyright of ^ten^ per cent on the ^retail^ price of all copies of
39said book sold, accounts of sales to be rendered in ^July^ and ^January^
40of each year, and the amounts due to be paid ^in cash at the time of
41settlement^
42
43 Provided, however, that copies in fine bindings and illustrated or
44expensive editions shall not be included in this percentage, but shall
45be arranged separately; also, that copies for notice shall be exempt.
46
47 V. Upon these terms and conditions, and in consideration of them, the
48part^ies^ of the second shall have the exclusive right to publish said
49work for the whole duration of the copyright, and of any renewal
50thereof, to be taken out as aforesaid ^five years;^ Provided, however,
51that in case ^they^ shall fail to perform any or either of the terms of
52this agreement upon ^their^ part, the part^y^ of the first part shall be
53entitled, upon purchasing and paying for, at a fair valuation, the
54^electro plates of said work^ to resume all rights which by this
55agreement are conferred upon the part^ies^ of the second part.
56
57 VI. If, after ^five^ years from date of publication, the demand for said
58work should not be sufficient in the opinion of the part^y^ of the
59second ^first^ part to render its publication profitable, then this
60contract shall end, and the part^y^ of the first part shall have the
61right at ^her^ option, to purchase at cost, the ^electro plates and stock
62on hand of said work^ or, failing to do this, then said part^ies^ of the
63second part shall have the right to dispose of the same as ^they^ may
64see fit, free of copyright; Provided, also, that in case no such
65ending of this contract is made, the part^ies^ of the second part shall
66have the right to dispose of any books on hand, which, being
67unsaleable, cannot be sold in the ordinary way, in the best manner
68possible, paying the part^y^ of the first part ^ten^ per cent on the net
69amount received in lieu of the percentage of Article IV.
70
71 In Witness Whereof, we have subscribed this Memorandum of Agreement,
72the day and year first above written.
73
74 In presence of ^
75J. Harry White
76SC Cronwright Schreiner
77Roberts Bros Olive Schreiner^
78
79
80 Copyright Contract. Dated, ^5th Nov^ 18^95^
81with ^Roberts Brothers^
82Agreement
83 Relative to ^
84Book publication
85of "Stray Thoughts on S. Africa."^
86
87
88
89
2
3 Memorandum of Agreement, made the ^twenty fifth^ day of ^November^ 18^95^;
4between ^Olive Schreiner of Cape Colony So Africa^
5
6 part^y^ of the first part, and ^Roberts Brothers^ Publisher^s^ and
7Bookseller^s^, doing business in the City of Boston, ^Massachusetts U.S.A^,
8 part^ies^ of the second part.
9
10 Whereas, the part^y^ of the first part ^is the author and owner of the
11Copyright of a work called Stray Thoughts on South Africa^ for the
12publication of which the parties hereto desirous to provide.
13
14 Now it is agreed, by and between the parties hereto, contracting for
15themselves and their legal representatives and assigns respectively,
16as follows:
17
18 I. The part^ies^ of the ^second^ part shall take out a copyright upon said
19work, in due form of law, in the name of ^the author, the said work to
20be published primarily in some periodicals in America and England
21simultaneously. ^
22
23 II. The part^y^ of the first part do^es^ hereby warrant that the said work
24^shall^ not infringe upon any copyright now in force, and authorize^s^ the
25part^ies^ of the second part to defend any and all claims, suits, and
26proceedings which may be taken against ^them^ for infringement of any
27other copyright by the publication of said work, and to charge the
28reasonable expenses of such defense to the part^y^ of the first part.
29
30 III. The part^ies^ of the second part shall publish said work as soon as
31practicable, after receiving the ^revised copy^, and in such a manner as
32^they^ shall deem most expedient, ^and^ shall keep the market at all times
33fully supplied therewith, and shall use all reasonable endeavours
34according to the usage of the trade, to obtain as large a sale as
35practicable therefore.
36
37 IV. The part^ies^ of the second part agree to pay the part^y^ of the first
38part a copyright of ^ten^ per cent on the ^retail^ price of all copies of
39said book sold, accounts of sales to be rendered in ^July^ and ^January^
40of each year, and the amounts due to be paid ^in cash at the time of
41settlement^
42
43 Provided, however, that copies in fine bindings and illustrated or
44expensive editions shall not be included in this percentage, but shall
45be arranged separately; also, that copies for notice shall be exempt.
46
47 V. Upon these terms and conditions, and in consideration of them, the
48part^ies^ of the second shall have the exclusive right to publish said
49work for the whole duration of the copyright, and of any renewal
50thereof, to be taken out as aforesaid ^five years;^ Provided, however,
51that in case ^they^ shall fail to perform any or either of the terms of
52this agreement upon ^their^ part, the part^y^ of the first part shall be
53entitled, upon purchasing and paying for, at a fair valuation, the
54^electro plates of said work^ to resume all rights which by this
55agreement are conferred upon the part^ies^ of the second part.
56
57 VI. If, after ^five^ years from date of publication, the demand for said
58work should not be sufficient in the opinion of the part^y^ of the
59second ^first^ part to render its publication profitable, then this
60contract shall end, and the part^y^ of the first part shall have the
61right at ^her^ option, to purchase at cost, the ^electro plates and stock
62on hand of said work^ or, failing to do this, then said part^ies^ of the
63second part shall have the right to dispose of the same as ^they^ may
64see fit, free of copyright; Provided, also, that in case no such
65ending of this contract is made, the part^ies^ of the second part shall
66have the right to dispose of any books on hand, which, being
67unsaleable, cannot be sold in the ordinary way, in the best manner
68possible, paying the part^y^ of the first part ^ten^ per cent on the net
69amount received in lieu of the percentage of Article IV.
70
71 In Witness Whereof, we have subscribed this Memorandum of Agreement,
72the day and year first above written.
73
74 In presence of ^
75J. Harry White
76SC Cronwright Schreiner
77Roberts Bros Olive Schreiner^
78
79
80 Copyright Contract. Dated, ^5th Nov^ 18^95^
81with ^Roberts Brothers^
82Agreement
83 Relative to ^
84Book publication
85of "Stray Thoughts on S. Africa."^
86
87
88
89