Светлана Аллилуева - Далекая музыка дочери Сталина
1. Patientia, the owner of all rights throughout the world in and to the work, hereby sells, grants, conveys, assigns and sets over to you the English language publication rights in and to the work for the United States, its territories and possessions and the Dominion of Canada as follows:
A. Hard Cover Book Rights
B. Paperback and Reprint Rights
С. Book Club Rights
Your exercise of the rights specified in paragraphs В and С above shall be subject to the prior approval of Patientia, which shall not be unreasonably withheld.
2. In consideration of the rights sold to you hereunder you agree as follows:
A. To employ, without financial obligation to Patientia, a translator satisfactory to Patientia to prepare an English language translation of the work, which translation shall also be satisfactory to Patientia.
B. To publish the work as quickly as possible after the translation has been completed.
C. To pay to Patientia or its assignee:
(i) TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) as follows:
a) The sum of ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($125,000) on execution hereof, receipt of which is hereby acknowledged.
b) The sum of ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($125,000) on or about June 5, 1967. (ii) The additional purchase price, if any, to which Patientia may become entitled pursuant to Schedule A hereof.
3. You are hereby appointed by Patientia as its sole and exclusive agent in connection with the disposition of first and second North American English language serial rights in and to the work. You agree, however, not to negotiate or deal with anyone for the disposition of these rights without the prior approval of Patientia and then only with parties and upon terms agreed to by Patientia. In exchange for your services hereunder you shall receive a commission often per cent к 10 %) of all sums received by Patientia from the disposition m these rights. The remaining ninety per cent (90 %) shall be 'remitted to Patientia within seven (7) days of your receipt [thereof, except that with regard to second serial rights the (provisions hereof shall be subject to Schedule A.
4. You agree not to issue or cause to be issued any initial announcement or initial publicity relating to this agreement, the work or the publication thereof, or its author, until permitted to do so by Patientia.
5. All rights not specifically sold, granted, conveyed, assigned and set over to you hereunder are reserved to Patientia. Patientia shall, of course, seek your advice prior to disposing of any reserved publication rights in the work but its decision in connection with such disposition shall be final. Yours very truly,
Edward S. Greenbaum
Attorney in Fact for
PATIENTIA ESTABLISHMENT, VADUZ
ACCEPTED AND AGREED TO:
HARPER ROW, PUBLISHERS, INC.12
1. Harper Row, Publishers Inc., New York 10016
2. The New York Times, New York 10036
3. Time Inc., New York 10020
Re: Svetlana Allilueva's Twenty Letters to a Friend
Gentlemen:
I As the result of the discussions held over the past week among I the various interested parties and because of the events in Europe, we would like to confirm the following:
1. Harper Row will publish on October 2nd.
2. The New York Times will publish the authorized 30,000-word extract over a two-week period commencing in the Sunday issue of September 10th.
3. Life Magazine will publish the authorized 30,000-word extract in two instalments in the issue of September 12th and 19th, respectively.
14. The New York Times and Life publications will carry a line «These are excerpts from the book Twenty Letters to a Friend, to be published on October 2, 1967 by Harper Row, Publishers Incorporated» and also carry the proper copyright notice.
5. The purchasers of first serial rights outside the United States will be authorized to commence publication September 10, 1967 or such later date as may be feasible.
6. Book publication outside the United States will be authorized on any date beginning September 21st.
Except for the advancement of the publication dates as set forth above, all other terms and conditions of the respective agreements shall remain in full force and effect.
Would you please sign and return the enclosed copy of this letter by messenger, so that we may have a record of everyone's agreement on the new schedule.
Cordially yours Maurice С Greenbaum
13
AGREEMENT made this 29th day of September, 1967 between HARPER ROW, PUBLISHERS, INCORPORATED, of 49 East 33rd Street, New York 10016 («HARPER ROW»), and COPEX ESTABLISHMENT, of Vaduz, Liechtenstein, care of Staehelin Giezendanner, 39, Alfred Escher-Strasse, 8027 Zurich, Switzerland («COPEX»).
WHEREAS, Harper Row on April 14, 1967 entered into a Memorandum of Agreement with PATIENTIA ESTABLISHMENT acting as undisclosed agent for Copex, for the purchase of certain rights in a manuscript written by SVETLANA ALLILUEVA; and WHEREAS, the parties now desire to supplement said agreement with regard to the said rights;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows:
1. Copex hereby sells, conveys, grants, assigns and sets over, to Harper Row, the English language book publication rights in and to a work by Svetlana Allilueva entitled TWENTY LETTERS TO A FRIEND, in the United States of America, its territories and possessions and the Dominion of Canada, TO HAVE AND TO HOLD forever and absolutely for itself, its successors and assigns.
The rights sold and granted are complete and exclusive hard cover book publication rights, paperback and reprint rights and book-club rights in the above stated territory. These rights may be exercised by Harper Row or licensees of Harper Row, during the term of copyright of the said work and any renewal and extensions thereof.
2. Harper Row agrees to submit to Copex, for its prior written approval, any proposed licence of paperback, reprint and book-club rights prior to execution thereof, which approval shall not be unreasonably withheld.
3. The parties agree that the Memorandum of Agreement, consisting of four pages and an additional Schedule of three pages, shall be deemed a part of this agreement as if fully set forth herein, except that «Copex» shall be substituted in every instance for «Patientia».
4. Harper Row agrees to register copyright in the said work in the name of Copex in the United States of America, and to include in all editions of the said work a copyright notice in the name of Copex in conformity with copyright law of the United States of America, the Universal Copyright Convention and the Berne Convention. Copyright in the English language translation shall be in the name of the translator.
5. Harper Row agrees to act as the agent of Copex in connection with the disposition of first and second North American English language serial rights in and to the said book to the extent Copex requests it to so act. Notwithstanding the extent of the activity of Harper Row on behalf of Copex, it shall receive 10 % of the proceeds of such disposition. Copex agrees to notify Harper Row of any negotiations it may conduct for first and second serial publication and for any other publication in any form in whole or in part, prior to the book publication contemplated by this agreement, in order that Harper Row may fully comply with all copyright requirements of the United States of America.
If any registered copyright in the said work or any part thereof shall be procured in the name of any party other than Copex prior to publication of the hard cover edition of Harper Row, Copex agrees to deliver to Harper Row legally recordable assignments of such copyright or copyrights in the name of Copex before the hard cover edition goes to press, except that the terms of this subparagraph shall not apply to translations of the work from the Russian language.
6. Copex further agrees to notify Harper Row of the names of the publishers of all hard cover editions of the work outside the United States of America and of the dates of publication of such editions promptly upon receipt of such information by Copex.
7. Copex represents and warrants to Harper Row that it is the sole proprietor of the said work; that the said work is original and does not infringe upon any statutory copyright or upon any common law right, proprietory right, or any other right whatsoever; that the said book contains no matter which is scandalous, obscene, libelous, in violation of any right of privacy, or otherwise contrary to the laws of the territory stated in Paragraph 1 hereof; that Copex is the sole and exclusive owner of the rights herein sold to Harper Row; that it has not previously assigned, pledged or otherwise encumbered the same; and that it has full power to enter into this agreement and to make the sale and other grant herein contained.
Copex agrees to indemnify Harper Row for, and hold it harmless from, any loss, expense (including reasonable attorneys' fees), or damage occasioned by any claim, demand, suit or recovery arising out of any breach of the foregoing warranties as determined by judgement finally sustained. If such claim, demand or suit is successfully defended, it is understood that Copex's indemnity hereunder shall be limited to fifty per cent (50 %) of the costs incidental to the defence of such claim, demand or suit.
8. If, in the reasonable opinion of Harper Row, there appears to be substantial risk of liability to third persons or of action against the work by the United States or Canadian governments, and if Copex, upon request by Harper Row, refuses to share equally with Harper Row in the cost (including reasonable attorneys' fees) to be incurred by Harper Row in connection with the elimination of and/or lessening of such risk or, having consented to share equally in such costs, Copex refuses to authorize changes to be made in the manuscript as recommended by Harper Row and/or its representatives, Harper Row, as owner of publication rights, may postpone or cancel publication without further liability to Copex.
Harper Row shall, with reasonable promptness, apprise Copex of any claim, demand or suit and Copex shall fully cooperate in the defense thereof. In the event of any claim, demand or suit Harper Row shall have the right to withhold payments due Copex under the terms of this agreement as security for Copex's obligations as stated herein.
Harper Row shall have the right to extend Copex's representations and warranties contained hereinabove to third parties with whom it makes agreements pursuant to the terms hereof (such as purchasers of subsidiary rights granted to Harper Row herein) and Copex shall be liable thereon to the [same extent as if such representations and warranties were originally made to such third parties. The warranties and indemnities as stated herein shall survive in the event this agreement is terminated. Harper Row shall notify Copex, in writing, of the identity of such third parties and of the nature of the agreements with such third parties.
9. Copex agrees that notwithstanding anything to the contrary contained in the Memorandum of Agreement and Schedule thereto, with regard to all copies of the hard cover book sold at discounts of fifty per cent (50 %) or more from Harper Row's suggested list price, the additional purchase price shall be ten per cent (10 %) of the amount actually received by Harper Row. Nothing herein contained shall be deemed to reduce the purchase price as stated in the preliminary Memorandum of Agreement and Schedule, with regard to any other copies sold in the regular channels of distribution.
