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Letter ReferenceFindlay Family A1199/B Documents: Box 7/17
ArchiveWilliam Cullen Library, Historical Papers, University of the Witwatersrand
Epistolary TypeLetter
Letter Date4 February 1897
Address Fromna
Address To
Who ToRoberts Brothers
Other Versions
PermissionsPlease read before using or citing this transcription
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 the US publication of Trooper Peter Halket of Mashonaland is a typescript template with detailed notes added in handwriting by Olive Schreiner, as denoted by the chevron ^insertion^ symbols.
1 ^Peter Halket - Roberts Bros^
3 Memorandum of Agreement, made the ^fourth^ day of ^February^ 18^97^; between
4^Olive Schreiner, of Kimberley, South Africa^
6 part^y^ of the first part, and ^Roberts Brothers^ Publisher^s^ and
7Bookseller^s^, doing business in the City of Boston, ^Commonwealth of
8Massachusetts, United States of America^, part^ies^ of the second part.
10 Whereas, the part^y^ of the first part ^is the author and the owner of
11the copyright of a work entitled Trooper Peter Halket of Mashonaland"^
12for the publication of which the parties hereto desirous to provide.
14 Now it is agreed, by and between the parties hereto, contracting for
15themselves and their legal representatives and assigns respectively,
16as follows:
18 I. The part^ies^ of the ^second^ part shall take out a copyright ^in the
19United States of America^ upon said work, in due form of law, in the
20name of ^the Author, charging the expense thereof ($1.50) to the party
21of the first part, such copyright to be taken out at such a time as to
22permit of the publication of the book, duly protected, on February 17, 1897.^
24 II. The part^y^ of the first part do^es^ hereby warrant that the said work
25^shall^ not infringe upon any copyright now in force, and authorize^s^ the
26part^ies^ of the second part to defend any and all claims, suits, and
27proceedings which may be taken against ^them^ for infringement of any
28other copyright by the publication of said work, and to charge the
29reasonable expenses of such defense to the part^y^ of the first part.
31 III. The part^ies^ of the second part shall publish said work as soon as
32practicable, after receiving the ^manuscript^, and in such a manner as
33^they^ shall deem most expedient, ^said publication to be on February 17,
341897, and^ shall keep the market at all times fully supplied therewith,
35and shall use all reasonable endeavours according to the usage of the
36trade, to obtain as large a sale as practicable therefore.
38 IV. The part^ies^ of the second part agree to pay the part^y^ of the first
39part a copyright of ^ten^ per cent on the ^retail^ price of all copies of
40said book sold, ^after three thousand copies have been sold^, accounts
41of sales to be rendered in ^January^ and ^July^ of each year, and the
42amounts due to be paid ^in cash at the time of each half-yearly
43rendering of the accounts of sales^
45 Provided, however, that copies in fine bindings and illustrated or
46expensive editions shall not be included in this percentage, but shall
47be arranged separately; also, that copies for notice shall be exempt.
49 V. Upon these terms and conditions, and in consideration of them, the
50part^ies^ of the second shall have the exclusive right to publish said
51work for the whole duration of the copyright, and of any renewal
52thereof, to be taken out as aforesaid; Provided, however, that in case
53^they^ shall fail to perform any or either of the terms of this
54agreement upon ^their^ part, the part^y^ of the first part shall be
55entitled, upon purchasing and paying for, at a fair valuation, the
56^electrotype plates and stock on hand of said work, in the United
57States of America^ to resume all rights which by this agreement are
58conferred upon the part^ies^ of the second part.
60 VI. If, after ^five^ years from date of publication, the demand for said
61work should not be sufficient in the opinion of the part^ies^ of the
62second part to render its publication profitable, then this contract
63shall end, and the part^y^ of the first part shall have the right at ^her^
64option, to purchase at cost, the ^stock on hand of said work^ or,
65failing to do this, then said part^ies^ of the second part shall have
66the right to dispose of the same as ^they^ may see fit, free of
67copyright; Provided, also, that in case no such ending of this
68contract is made, the part^ies^ of the second part shall have the right
69to dispose of any books on hand, which, being unsaleable, cannot be
70sold in the ordinary way, in the best manner possible, paying the
71part^y^ of the first part ^ten^ per cent on the net amount received in
72lieu of the percentage of Article IV.
74 ^VII. The parties of the second part agree to pay the party of the
75first part an outright sum of fifty pounds (£50) to cover the sale of
76the first three thousand copies of said work.^
78 In Witness Whereof, we have subscribed this Memorandum of Agreement,
79the day and year first above written.
81 In presence of ^
82Six words written in in Clause I. before signing
83F. ?Aliott Pratt
84to Roberts Brothers
85John Brown
86Roberts Bros Olive Schreiner^
89 Copyright Contract.
90 Dated, ^4th Feb^ 18^97^
91 with
92 ^Roberts Brothers^
93 Agreement
94 Relative to
95 ^Trooper Peter Halket^