CLARA BARTON SPEECHES & WRITINGS FILE Books A Story of the Red Cross ContractAgreement, made in the City of New York on the tenth day of May, 1904, between Clara Barton of Glen Echo, Maryland and D Appleton and Company (hereinafter called the Publishers), of said City of New York. For a good and valuable consideration, the said parties respectively do hereby mutually agree to and with each other as follows: I. The said Clara Barton, being the author and copyright proprietor of a book entitled The Story Of The Red Cross hereby agrees that the said Publishers shall have the exclusive right to print and publish the said book during the full term of the copyright thereof, and also during the full term or terms of any and all renewals of said copyright, and that she will not, without the consent in writing of the said publishers, write, print, or publish, or cause to be written, printed, or published, in the United States and Canada, during the continuance of this Agreement, any other edition of the said book, revised, corrected, enlarged, abridged, or otherwise, or any book of a similar character tending to interfere with or injure the sales of said book. II. Said Clara Barton covenants, warrants, and agrees that she is the legal author and copyright proprietor of the said book, and that said work is in no way a violation of any copyright belonging to any other party, and authorizes said Publishers to defend at law any and all suits or proceedings that may be taken or had for any infringement of any other copyright, or by reason of any scandalous or libelous matter contained, or alleged to be contained, in said book, and agrees to pay to said Publishers such reasonable costs, disbursements, expenses, and counsel fees as they may incur in such defense; and also to reimburse them for costs and damages that they may be obliged to pay as a result of such suits. III. The said Publishers shall have the exclusive right to take out copyright in their own name, but, unless especially agreed in writing, they shall not be responsible for taking out any copyright outside of the United States ; they shall also have the right to effect any renewals of copyright that may be provided for by law. In order to fulfil the requirements of the Revises Statues of the United States for securing copyright, the said Clara Barton agrees that she will place in the hands of the said Publishers the manuscript or fair typewritten copy or advance printed sheets of said work in ample time to allow the said Publishers to do the typesetting, electrotyping, press-work, and binding, so that they may be able to publish their edition simultaneously with any other edition of said work, or of any translation thereof, published in Great Britain or elsewhere; and the said Clara Barton further agrees that the publication of any edition of said work, or of any translation thereof, other than that published by said Publishers, shall be made at such time only as will enable said Publishers to make the publication of their edition simultaneous therewith. Said Publishers on their part agree not to anticipate the authorized foreign publication of said work, and not to publish their edition until the day mutually agreed upon by said Clara Barton and said Publishers for simultaneous publication. It is further understood and agreed that if, by any act or omission in the publication of any edition of said work in any foreign country, or in any way or manner without the fault of said Publishers, the copyright in and to the said work within and for the United States of America shall be lost or rendered nugatory, said Publishers may then at their option terminate this Agreement, and in that event they shall not thereafter be obliged to perform any of the acts herein provided for. IV. The said Publishers agree to print and bind the book in such manner and style asthey shall deem expedient, and to use the usual means of selling the said book and of making the same known, and to keep the market supplied with the said book as long as there shall be a reasonable demand for the same. They further agree that they will, six months after publication, and thereafter semi-annually [quarterly] in [January], April, [May], and October, render to the said Clara Barton a statement in writing of the number of copies of said book that shall have been sold to the date of such statement, and that they will thereupon pay the said Clara Barton a sum of money equal to ten (10) per cent. of the retail trade cloth price thereof on all copies sold up to and including five thousand (5000), twelve and one half (12 1/2) percent. on all copies sold above five thousand (5000) up to and including ten thousand (10,000), fifteen percent. (15%) On all copies sold above ten thousand (10,000) and up to including fifteen thousand (15,000), seventeen and one half percent (17 1/5%) on all copies sold above. fifteen thousand up to and including 20,000, and 20% on all copies sold above 20,000. Provided however, that the said Publishers shall not be required to make any such payments until they shall have sold a sufficient number of copies to reimburse them for all moneys expended in manufacturing and publishing the book, and provided further, that no payment whatever shall be made on any copies destroyed by fire or water, or sold at or below cost, or given away for the purpose of aiding the sale of said book, and that on all copies sold for any discount greater than the lowest wholesale rate, but above cost, the percentage of royalty paid to said Clara Barton shall be proportionate to the net price actually received by said Publishers. V. The said Clara Barton hereby agrees that the Publishers shall be at liberty to offer said book for publication in England and other foreign countries, and agrees that on sales made in said foreign countries one half the regular royalty shall be paid in the case of any sale of sheets; and that the net profits upon any sale of plates shall be equally divided by the said Clara Barton and the Publishers; and that in the case of a sale upon a royalty basis the Publishers shall collect any moneys paid for advances or as royalties upon sales, and shall thereupon credit said moneys to the account of the said Clara Barton, after deducting a commission of ten percent. of the amount collected. It is understood and agreed that if the Publishers do not publish said book themselves in Canada, but sell the rights to a Canadian publisher, the royalties as specified above shall be reckoned upon the Canadian retail price. VI. It is hereby understood and agreed that the said Clara Barton shall furnish the complete copy of said book properly prepared for the compositors, read the proof thereof, and that in the case the of alterations or additions which she may make in the proofs shall be less than fifteen percent. of the cost of composition and stereotyping or electrotyping of said book, such cost shall be borne by the Publishers; but if the cost of alterations in proofs or plates exceeds fifteen percent., then said excess shall be charged to and paid for by the said Clara Barton. Any index requisite for said work shall be prepared by said Clara Barton, or at her expense. VII. If, at any time after the said book shall have been published five years, the demand shall not be sufficient, in the opinion of the Publishers, to render its publication profitable, the Publishers may so notify said Clara Barton, and thereupon this contract shall cease and determine, and said Clara Barton shall have the right within thirty days to take from the Publishers the plates of said work and whatever copies they may then have on hand, at cost of the paper, printing, and binding, and one-third of the cost of the plates. In case the said Clara Barton shall decline to purchase said plates and stock, then the Publishers shall have the privilege of melting or otherwise disposing of said plates and of disposing of all copies on hand for waste paper or at some price less than the cost of paper, printing, and binding, without paying the sum of money provided in Article IV, or any other sum, as copyright on any of the copies sold at cost or less than cost, as in this Article provided.VIII. In case of any infringement of the copyright of the work herein named the Publishers are authorized, in their discretion, to sue for or otherwise seek such remedy as they may be advised; and all such suits or proceedings, said Clara Barton, or her representatives having been notified thereof in writing by the Publishers, shall be at the joint expense and cost of the two parties to this Agreement, and any surplus of damage or recovery or settlement above the expense shall be divided equally between the parties hereto; provided further, that should said Clara Barton, or her representatives or assigns interpose objections to such suits or proceedings within forty days of the mailing of a notification in writing of beginning of said suit, then the whole expense thereof shall be borne by the Publishers, who shall also be entitled to whatever benefit may result from any recovery or settlement. IX. In case of the destruction of the plates or forms or any part of the plates or forms of the book by fire or otherwise said Publishers shall have the option, when any existing edition shall be exhausted, of resetting the book or of surrendering the publishing right to the author, or her representatives or assigns. X. The interest in this contract which belongs to each party respectively may be assigned, but only as a whole, and no part of such interest shall be assigned by either party. No assignment by said Clara Barton, or her heirs or assigns shall be valid as against the Publishers, unless and until said Publishers shall have received notice in writing of such assignment. To this Agreement the said respective parties hereby bind themselves, their heirs, executors, and assigns. In witness hereof, the said respective parties hereunto affix their hands, on the day and year above written In the presence of D. Appleton & Co Alden M. Wert. Daniel Appleton E. Howe. Clara Barton.Agreement Clara Barton Glen Echo, Md And D. Appleton and Company May 10, 1904. The Story of the Red Cross