Page:Copyright, Its History And Its Law (1912).djvu/464

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432

COPYRIGHT

Price and re- muneration

Accidental destruction

author. Proof for correction must be furnished to the author.

The publisher may fix and reasonably reduce the price, but can raise it only with consent of the author. If remuneration is not specified, an equit- able payment is required, and the remuneration is due on the delivery or on the appearance of the work, or if determined by sale, then yearly, with opportu- nity to the author to verify the account from the pub- lisher's books. The author is entitled to free copies to the extent of one per cent of the edition, but not less than five nor more than fifteen, and to additional copies at the lowest trade price. The author is en- titled to return of his manuscript after reproduction, if stipulated at the beginning.

The publisher may assign, in the absence of agree- ment, but not for separate works ; though for this last, consent cannot unreasonably be withheld and may be presumed if the author does not reply within two months to a demand ; and the assignee becomes, jointly with the original publisher, liable to the author for future performance of the contract. When a contract is completed by the issue of specified editions or cop- ies, the publisher is bound to notify the author, and if the contract is for a definite time, the publisher is not entitled to distribute remaining copies after that time. In case of delay in the contracted delivery of the work, the publisher, after a reasonable extension of time, may decline the work, unless delay involves only insignificant loss; and in case the work is not of stipulated quality, the publisher may also cancel the contract or require damages for non-fulfillment. The author has analogous rights as against the publisher.

If the work is accidentally destroyed after delivery to the publisher, the author is entitled to remunera- tion, but the contract terminates; but the author