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shall have for the period of ninety (90) days next succeeding the first production of the play as herein provided, the option of acquiring a lease of the sole and exclusive right of presentation on the regular speaking stage in England, Ireland, Scotland and Wales, upon terms in all respects precisely identical to the terms of this agreement with the exception however of Paragraph 8 hereof and as to the date of production, that he shall produce said play in said territory, not later than one (1) year after the exercise of the option on said rights unless the second option is obtained with the extension as therein provided. If the Manager shall fail to make such presentation as in this Clause provided for and within the time herein provided for, the Author shall have the right to dispose of the said play in the territory referred to in this paragraph and for his sole benefit.

14. It is further understood and agreed that if the Manager shall have produced said play in accordance with the terms of the contract as set forth in paragraph 5 hereof and in the time therein stated that the Manager shall have the right to sell or lease said play for Australia, New Zealand and South Africa subject to the approval of the Author, which approval shall not be unreasonably withheld, the proceeds of said sale or lease to be divided equally between the Manager and the Author.

15. All rights, now existent, or which may hereafter come into existence except those hereinbefore specifically granted or leased to the Manager are hereby reserved to the Author.

16. It is expressly understood and agreed that the copyright covering the said play is not assigned or released by the Author and that all the Author's right, title and interest in and to such copyright and any assignment thereof, are expressly reserved by him, and that the rights granted to the Manager herein are expressly limited to such rights as are specifically set forth in this agreement. The Author hereby expressly covenants and agrees that he either now has or else will promptly and properly secure copyright in each of the countries granting dramatic copyright covered by this agreement.

17. It is expressly understood and agreed that the rights granted herein are personal, and that neither this contract nor the rights granted herein to the Manager shall be assigned or assignable by him, nor shall the said play be sublet by the

Manager without his first having received the consent in writing of the Author so to do, unless said assignment be made to a company or corporation in which the Manager has a controlling interest, and in that event the Manager shall be personally liable for the fulfillment of the terms and conditions of this contract. Neither this contract nor any rights thereunder shall be subject to judicial sale under any insolvency, bankruptcy or receivership proceedings. In the event of the judicial sale of the Manager's assets under any such proceedings all rights hereunder remaining in the Manager shall revert to the Author.

18. If the Manager should at any time during the existence of this agreement fail to comply with or fulfill any of the terms or conditions thereof, including the condition that said play shall be produced as and when stipulated in Paragraph 5 hereof, time being expressly made of the essence of this agreement, then or in any of these events, this agreement shall become null and void at the option of the Author, said option to be exercised by the Author in writing and by registered mail and thereupon all rights granted by the Author to the Manager shall forthwith terminate and revert to him together with any copies of said play or parts thereof which may be in the possession or custody of the Manager or his staff or agents, together with all additions or alterations in the same all of which shall always definitely belong to the Author, and any payment which may have been made to the Author under this agreement shall remain his absolute property, all, however, without prejudice to any rights which the Author may have as against the Manager.

19. The Author hereby warrants that he is the Author and Proprietor of said play, and has the right to execute this lease. If any action or proceedings alleging infringement are brought against the Manager or the Author or both, the matter shall be submitted to the standing arbitration committees of the Authors' League of America, Inc., and the Producing Managers' Association as provided for in Paragraph 21 of this agreement, the Manager and the Author hereby agreeing to use every effort to induce the party bringing said action to submit the matter in dispute to the aforementioned arbitration committees. If the aforementioned arbitration committees shall fail to

adjust this matter then it is mutually agreed by the Manager and the Author that the conduct and expense of defending the said action shall rest jointly and equally with the Manager and the Author, unless the Author shall be adjudged to have been guilty of plagiarism, in which event no part of the expense shall be paid by the Manager.

20. It is expressly understood and agreed by the Manager and the Author that any change affecting the terms and conditions of this agreement shall not be valid unless explicitly set forth in writing and signed by the parties hereto.

21. In the event that any dispute shall arise between the parties hereto: (1) as to any matter or thing covered by this contract; (2) as to the meaning of the contract or its application to any state of facts which may arise then said dispute or claims shall be arbitrated by and between the Arbitration Committee, a standing committee of two (2) appointed for that purpose by the Dramatists' Guild of the Authors' League of America, Inc., and an Arbitration Committee of equal number appointed by the Producing Managers' Association. The arbitrators shall hear the parties and decide the dispute or claim. If within three (3) days after such hearings these arbitrators shall not be able to agree then within that time they shall choose a fifth. The decision of a majority of the said arbitrators shall be the decision of all and shall be binding and said decision shall be final.

The arbitrators shall determine by whom and in what proportion the cost of the arbitration shall be paid. The parties hereby appoint said Board as its agent, with full power to finally settle said dispute or claim and agree that its decision shall constitute an agreement between them, having the same binding force as if agreed to by the parties themselves.

22. It is mutually agreed by the Manager and the Author that upon the termination of this agreement for whatsoever cause, the Manager will forthwith return to the Author, all manuscripts and parts of the said play in his possession and under his control, together with all additions to or alterations in the same, all of which shall always definitely belong to the said Author.

23. This agreement is binding upon all the parties hereto,

their and each of their successors, heirs, administrators and assigns.

IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands and seals and those, if any, which are corporations have caused these presents to be signed by their duly authorized officers and the corporate seal to be affixed hereto on the day and year first above written.

Agreement between Author and Producers for Production of Play

Herne v. Liebler, 73 App. Div. 194, 76 N. Y. Supp. 762. AGREEMENT made this.

..and....

.........

between

.day of.... constituting the firm of.....

hereinafter described as the Producers, and... hereinafter described as the Author, WITNESSETH: Whereas..

.is the author and sole and absolute

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owner of the manuscript of the play known as which he is desirous of having produced upon the stage, and Whereas the Producers are desirous of producing said play in the manner and for the period hereinafter stated, and Whereas the parties hereto are prepared to enter into an agreement, which shall be limited, however exclusively, to matters in connection with the production, management and exhibition of said play on the terms and conditions hereinafter stated.

Now, therefore, in consideration of the mutual covenants and agreements herein contained, the parties hereto covenant and agree with each other as follows:

1. The author hereby grants to the producers the exclusive right to produce the said play " " in the.....

and.... (naming countries), for a period of.

commencing on the.

on the.... .day of.

day of.

.......

.......

. years,

19. ., and ending

19., and agrees that during

the said period the said play shall not be published or in any

manner dedicated to the public, but shall remain in manuscript form, and be used only for the stage production by the said Producers; the said play to be absolutely free from royalties except as herein provided.

2. The Producers agree to give the first production of said play as soon after... ..as shall be possible, in conformity with the terms of this contract, and in any event, before 19., and agree to produce the said play continuously during the regular theatrical seasons throughout the period of this contract. In the event that the production of said play should result in a loss for any theatrical season, then whenever such loss for any theatrical season shall amount to the sum of

. . . dollars ($. . ....) said producers may, by notice to the other party, terminate this agreement.

3. The Producers agree to furnish such sums of money as shall be necessary to start the production of the said play and to furnish all necessary printing and lithographs, and such properties, scenery, costumes and paraphernalia as the Author shall deem necessary for the production of the said play, this amount to be considered as an expense and to be paid before the amount of net profits shall be determined.

4. The selection of actors and actresses for the production of said play shall be subject to the approval of the said. . . . . . . ., but the salaries shall be paid by the Producers, such amount to be considered as an expense, and to be paid before the amount of net profits shall be determined.

5. The stage production, that is to say, the management of the stage, shall be exclusively under the supervision of the said.... who hereby agrees to give the necessary time and attention to said management.

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6. The Producers shall manage the front of the house and attend generally to the business management, to wit, what is usually known in the theatrical business as attending to the front of the house, routing of the company, printing, advertising, etc., but performances shall be given only at first class theatres.

7. The Producers further agree that whenever the said author shall, during the period herein referred to, act on the stage in said play, then for each and every week while so acting,

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