Fully transcribed, key passages (re. Malcolm v Oxford) in bold.
made this [typed in] 11th day of November 1977
between the Academic and General Publisher of the OXFORD UNIVERSITY PRESS of Walton Street Oxford OX2 6DP hereinafter called 'the Publisher' of the one part and [typed in] Robert and Carole Hillenbrand, c/o Elaine Green Ltd. (agent), 31 Newington Green, London N16 9PU hereinafter called 'the Author' of the other part
WHEREBY IT IS AGREED between the parties hereto for themselves their respective executors administrators and assigns (or successors as the case may be) as follows:
1. The Publisher shall subject to his approval of the finished typescript publish at his own risk and expense a book of approximately [typed in] 90,000 words (hereinafter called 'the Work') which the Author has prepared or is preparing and which is at present entitled [typed in] THE GOLDEN AGE OF BAGHDAD
RIGHTS GRANTED
DELIVERY OF THE TYPESCRIPT PERMISSIONS
PRODUCTION
CORRECTIONS IN PROOF
ROYALTY TERMS
HARDBOUND EDITION NON-SERIES PAPERBOUND EDITION
OXFORD PAPERBACKS SERIES EDITION
d The royalties specified in clauses 7a (i) and (ii) and 7b (i) and (ii) above may be reduced by mutuual agreement after the sale of the first impression on any reprinting of the said Work if by reason of the size of the reprint proposed the rate of sale and the cost of the copies to the Publisher the Work can no longer be kept in print on the royalty rates prevailing at that time.
OVERSEAS OXFORD EDITIONS
EDITIONS SOLD IN SHEETS
LICENSED REPRINTED EDITIONS
ELBS (ENGLISH LANGUAGE BOOK SOCIETY EDITIONS)
[Deleted: TRANSLATION AND OTHER] SUBSIDIARY RIGHTS
a ANTHOLOGY AND QUOTATION RIGHTS (i.e. the right to reproduce extracts from the Work): 50 per cent
b [deleted: PRE-PUBLICATION SERIAL RIGHTS: 80 per cent]
c SECOND AND SUBSEQUENT SERIAL RIGHTS (i.e. the right to publish extracts from the Work, in successive issues of a periodical or newspaper following publication of the Work in volume form): 75 per cent
d SPECIAL PERIODICAL OR NEWSPAPER RIGHTS (i.e. the right to publish the complete Work in a single issue of a periodical or
newspaper): 50 per cent
e BROADCASTING AND TELEVISION RIGHTS: 75 per cent [typed in:] readings from the text only
f [deleted: DRAMATIC AND FILM RIGHTS]
g [deleted: MECHANICAL REPRODUCTION RIGHTS (e.g. the right to reproduce the Work or extracts from it by film micrography or by gramophone records or by other means whether by sight or sound or a combination of them) except insofar as such reproduction is for use as part of or in conjunction with a commercial cinematograph or television film: 50 per cent
h BOOK CLUB RIGHTS ON A ROYALTY BASIS: 50 per cent
i [deleted: TRANSLATION RIGHTS]
j DIGEST RIGHTS (i.e. the right to publish an abridgement of the Work in a single issue of a periodical or newspaper) and DIGEST BOOK CONDENSATION RIGHTS (i.e. the right to publish an abridgement of the Work in volume form): 50 per cent
k [deleted: STRIP CARTOON (including Picturisation Book Rights): 50 per cent]
ACCOUNTING
PRESENTATION COPIES
AUTHOR'S COPIES
CONFLICTING EDITIONS
FAILURE OF THE AUTHOR T0 COMPLETE
PREPARATION OF NEW EDITIONS
AUTHORSHIP
CANCELLATION OF AGREEMENT
SINGLE COPY REPRINTS AND MICROFORM EDITIONS
UNLAWFUL MATTER
WASTING AND REMAINDERING
PROCEEDINGS FOR INFRINGEMENT
LIABILITY FOR MSS
NOTICE
LIMITATION OF THE PUBLISHER'S LIABILITY
ARBITRATION
OPTION
ADDITIONAL CLAUSES AS WITNESS the hands of the parties the day and year first above written
Witness to the signature
of the General Publisher
...............................
Witness to the signature of the Author
...............................
Go to the next item or the previous item in the Evidence (red) file.
Go to Malcolm's Statement of Claim, to the Case History, to the Affidavits: Ivon Asquith (1), Asquith (2), Henry Hardy, William Shaw (solicitor) (1), Sir Roger Elliott (1), Margaret Goodall, to the Witness Statements: Elliott, Hardy, Richard Charkin, Nicola Bion, Goodall, to the courtroom testimony of the Oxford Six, 14/3/1990: Elliott, Goodall, Bion, Asquith, Charkin, Hardy, to the testimony of Andrew Malcolm 13/3/1990, to the Chancery Court Judgment, the Appeal Court Judgment, the Damages assessment, the Settlement agreement.
Return to the Malcolm vs. Oxford I (1984-92) Index, to the Malcolm vs. Oxford II (2001-02) Index, to the blurb for Making Names, to its reviews, to The Remedy, or to the SITE INDEX.
2. [typed in] The Author hereby grants to the Publisher during the legal term of copyright including any renewals thereof the sole and exclusive right to produce and publish the Work and any abridgement of the Work and any substantial part of the Work in volume form in the English language throughout the world except the United States of America its dependencies and the Philippines being an open market subject to the terms and conditions hereinafter mentioned but the copyright in the Work shall remain vested in the Author.
3 The Author shall deliver to the Publisher not later than [typed in] 31 May 1980
in a fit state for the printer two copies of the complete typescript of the Work and shall at the same time supply free of charge and in a form acceptable to the Publisher such illustrative material as constitutes an integral part of the Work or as is agreed by the Author and the Publisher to be desirable. The Author shall correct and return punctually all the proof sheets of the Work and shall compile an index to the Work if it is the Publisher's opinion that one is required or hereby authorizes the Publisher to arrange for its compilation at the Author's expense.
4. The cost of all fees payable for permission to use in the Work any textual matter drawings photographs pictures maps diagrams or other material that is in copyright or is subject to any proprietary or other rights of others shall unless otherwise agreed be borne by the Author and the Author agrees to secure such permission if required to do so by the Publisher and in that case shall send the Publisher written proof that he has done so as soon as possible after signing this Agreement.
5. The Publisher shall print and publish the Work in such edition or editions as he considers appropriate [typed in] within twelve months after the complete typescript (which term shall if appropriate include any illustrative material referred to in Clauses 3 and 4 above) shall have been delivered to him and he shall have the sole control of all details of production advertising price sale and terms of sale of the Work and the right at his discretion to raise or reduce the published price of the Work.
6. The Author agrees that apart from printer's errors all charges for carrying out the Author's corrections additions and deletions in the proof sheets either of the original Work or of any revised edition as hereinafter provided exceeding 10% (ten per cent) of the charge for composition shall be borne by the Author.
The Author also agrees that all charges for carrying out the Author's corrections additions or deletions in the preparation of artwork (including engraving or photographing) apart from errors for which the Publisher or printer is responsible exceeding 10% (ten per cent) of the charge for preparation of such artwork shall be borne by the Author.
7. During the legal term of copyright the Publisher shall unless otherwise mutually agreed pay to the Author the following royalties:
a (i) On all copies sold at not less than the United Kingdom trade price in Great Britain and Northern Ireland [typed in] 10% (ten per cent) of the United Kingdom published price rising to 12.5% (twelve and one half per cent) after the combined United Kingdom and export sales total 5,000 rising to 15% (fifteen per cent) after the combined United Kingdom and export sales total 8,000 copies.
b (i) On all copies sold at not less than the United Kingdom trade price in Great Britain and Northern Ireland ......% of the United Kingdom published price [typed in] TO BE AGREED
(ii) On all copies sold at not less than the United Kingdom trade price overseas or in Great Britain for purposes of export ......% of the United Kingdom published price [typed in] TO BE AGREED
c (i) On all copies sold at not less than the United Kingdom trade price in Great Britain and Northern Ireland 7.5% (seven and one half per cent) of the United Kingdom published price
(ii) On all copies sold at not less than the United Kingdom trade price overseas or in Great Britain for purposes of export 5% (five per cent) of the United Kingdom published price
e (i) On all copies of any edition manufactured by an overseas establishment of the Oxford University Press (other than Oxford University Press Inc New York) for sale primarily within the territory of that overseas establishment a royalty to be negotiated between that establishment and the Author calculated on the published price in the country concerned.
(ii) [printed paragraph crossed out] On all copies of any edition for sale in the USA a royalty to be negotiated between the Oxford University Press Inc New York and the Author calculated on the American published price except in the case of a paperback edition when the royalty shall be 5% (five per cent) of the American published price
f On all copies sold in the form of unbound printed sheets to an overseas establishment of the Oxford University Press or to any other publisher the appropriate rate of royalty calculated on the Publisher's net receipts from such sales
g (i) On all copies sold by any other publisher who has reprinted the Work in hardcovers under licence from the Publisher
50% (fifty per cent) of the Publisher's royalty receipts from such sales
(ii) On all copies sold by another publisher who has reprinted the Work in paperback form under licence from the Publisher a percentage to be agreed (but to be not less than 50%) of the Publisher's royalty receipts from such sales and the same percentage of any moneys paid to the Publisher in advance and on account of such royalties
h On all copies sold at a subsidized price under the imprint of the English Language Book Society as part of the British Government's
Low-priced Books Scheme the royalty as specified in Clause 7a (ii) above calculated on the subsidized price of not less than one third of the United Kingdom published price
8
The Publisher shall during the continuance of this Agreement have the exclusive right to handle the sale or lease of [typed in: the following] subsidiary rights in the Work and shall pay the Author the following percentages of the net sums received
9. The Publisher agrees to make up a statement of sales annually to 31 March and to render it together with a cheque for the amount
due to the Author not later than the following 30 September except that if the amount be less than £5 (five pounds sterling) no
payment shall be made and the sum shall be carried forward to the next account [typed in:] but the Publisher shall render and settle within six months an additional account to 30 September in the first and second years after first publication
10
The Publisher shall present copies of the Work to the Iibraries entitled to the Privilege and shall be entitled at his discretion to present copies of every edition of the Work to the Delegates of the Press and their Secretary and to the Chancellor of the University, editors of periodicals teachers and other persons through whom in his judgement publicity for the Work will be gained and shall retain the copies needed as samples by his showrooms and travellers throughout the world All such copies and any copies which may at any time be destroyed or damaged by fire water or from any other cause shall not be taken into account as copies sold
11 The Author shall receive on publication six copies of the Work free of charge and shall be entitled to purchase at the United Kingdom trade price any further copies of the Work required for his personal use and not for resale
12 During the continuance of this Agreement the Author shall not without the consent in writing of the Publisher prepare or edit for any other publisher any work that is an expansion abridgement or revision of the Work or of any part of it or publish or cause to be published any on the same subject which may reasonably be regarded as conflicting or likely to conflict with the sale of the Work
13 Should the Author be prevented by death or any other cause from completing the Work the Publisher shall at his option either purchase from the Author or his executors administrators or assigns as the case may be such writings as the Author may have done in respect of the Work and the copyright therein at a price to be mutually agreed (or in default of agreement decided by arbitration under the provisions of Clause 24) and entrust the completion of the Work to another party or commission the writing of a new book on the same subject by another party in which case this Agreement shall cease and determine without liability on the part of the Publisher to make any payment to the Author or his executors administrators or assigns
If the Author fails to deliver the manuscript to the Publisher [deleted: by; inserted, typed: within a reasonable period after] the agreed date the Publisher shall have the right to rescind this Agreement by written notice to the Author and the Author shall thereupon repay to the Publisher any and all amounts theretofore received by the Author in connexion with the Work
14 The Author if called upon so to do by the Publisher shall revise and edit the Work from time to time to brin'g it up to date but if the Author shall not by reason of death or mental or bodily infirmity or any other cause within six weeks after being requested to do so by the Publisher undertake to prepare and deliver in a fit state for the printer such revised edition or if having undertaken to prepare it he shall not carefully and completely revise correct and prepare such new edition within six months of such request so to do (or within such time as may be agreed between himself and the Publisher) the Publisher shall thenceforth be at full liberty to employ for that purpose such editor or editors at such remuneration as he may think proper and to deduct such remuneration from any moneys payable to the Author under this Agreement
Should alteration of the text for a new edition necessitate substantial or complete resetting of the type the terms of this Agreement shall continue to apply except that the rates of royalty payable shall revert to those applicable on the first publication of the Work and that no further advance on royalties shall be paid unless specifically agreed between the parties
15 The Publisher shall publish the Work in the name of the Author and in the case of any new edition or editions revised by another party or parties he may at his discretion publish the revised edition or editions in the joint names of the Author and of the party or parties making the revision
16 If after the Work is out of print and is not available in any edition issued by the Publisher or authorized by him the Author shall call upon the Publisher to reprint the Work and if the Publisher shall not within eight weeks after he shall have received a written request to that effect agree thereto the Author may require the Publisher to resign all rights in the Work and the Publisher shall thereupon at the Author's request and expense assign the same to the Author absolutely without prejudice to any claims the Author may have under this Agreement and to rights in the Work already granted to third parties under this Agreement
17 After the Work sliall have gone out of print and provided that the [inserted: author does not wish the rights to revert to him] the
Publisher may license on a contract terminable at three months' notice the reproduction of copies by microfilm micrography or
any other single-copy process and on copies so sold by the licensee the publisher shall pay to the Author 50% (fifty per cent)
of the net sums received
The Publisher shall have the right to produce microform editions and on such editions shall pay to the Author a fee to be negotiated
18 The Author shall indemnify the Publisher from and against all proccedings and expense whatsoever in consequence of the publication in the Work of any pirated libellous seditious scandalous obscene or other unlawful matter
19 If at any time after three years of publication the Work shall cease in the Publisher's opinion to have a sufficiently remunerative sale the Publisher shall be at liberty either to remainder or to waste any copies remaining on hand Royalties on copies so disposed of shall be calculated at the appropriate rate of royalty on the price received per copy unless that price be less than one third of the published price when the Publisher shall be free from any liability to pay any royalties [typed in: but the Author shall be offered copies at the remainder price]
20 If the Publisher considers that the copyright in the Work has been infringed he may take such steps as he considers necessary to protect the copyright and take proceedings for that purpose and on giving notice to the Author that he will pay all costs and expenses and indemnify the Author therefrom the Publisher shall be entitled to use the Author's name as a party to such proceedings and the Author shall provide such evidence as may be requested The Publisher may settle and compromise all such proceedings as he thinks fit Any moneys recovered in consequence of such infringement of the copyright in the Work shall after deduction of all costs and expenses be divided equally between the Author and the Publisher
21 It is hereby declared that the Publisher is not an insurer of manuscripts typescripts photographs drawings or other material delivered to him by or on behalf of the Author and he will not under any circumstances whatsoever be liable therefor
22 Any notice or request under this Agreement shall be sufficiently given or made by posting the same in a registered letter addressed in the one case to the Publisher at Oxford University Press Walton Street Oxford or in the other to the Author at the latest address known to the Publisher
23 The present Publisher and his successors for the time being shall be bound by and entitled to claim the benefit of this Agreement as if they had signed the same but no present or future Publisher shall incur any personal liability by reason of the breach or non-performance of any of its conditions or provisions
24 In the case of any disputes or differences arising between the parties hereto relating to this Agreement or any matter arising therefrom or incidental thereto the same shall be submitted to the arbitration of a single arbitrator in accordance with the provisions of the United Kingdom Arbitration Act 1950 or any statutory modification thereof for the time being in force
25 The Publisher shall have the [inserted: first opportunity to commission from a detailed outline] the Author's next work suitable for publication in volume form] [clause deleted] If three months after such work has been submitted [changed to proposed] to the Publisher no terms
shall have been agreed in writing for its publication the Author shall be at liberty to enter into an agreement with any other
publisher
26 [typed in] The Author hereby empowers his agents, Elaine Greene Ltd of 31 Newington Green, London NI6 9PU, to collect and receive all moneys payable to him under the terms of this Agreement and declares that the receipt of the said Elaine Greene Ltd shall be a good and valid discharge of the moneys received