or device, shall be fully installed, ready for operation, as above set forth. (c) The sum of one thousand ($1,000) dollars, by a promissory note for that amount, with interest at six (6%) per cent, dated April 18th, 1923, made by the Licensee to the order of the Licensor, and payable ninety (90) days from the date thereof. 4. The Licensor shall not itself operate, or sell, or lease, to any other person, firm or corporation, any other Doe Derby game, or device, to be operated on the thoroughfare, known as the "Bowery," Coney Island, New York, during the season of 1923, or as long thereafter as the Licensee shall have the exclusive right to operate the said game, or device, on said thoroughfare, as hereinafter provided. 5. The Licensee shall furnish a suitable place for the installation of said game, or device, on the thoroughfare, known as the "Bowery," Coney Island, New York, with proper electric connections for said installation, and agrees to operate such game, or device, during the season of 1923, at no other place in Coney Island, New York, except on said thoroughfare, known as the "Bowery." But, in the event that the municipal, or other authorities, should, for any reason, prevent the Licensee from operating said game, or device, on said thoroughfare, during such season of 1923, or should it become impracticable, or unprofitable, for any reason, to operate said game, or device, on said thoroughfare, during said season, then the Licensee may, at his own expense, remove such game, or device from said thoroughfare, and operate the same, in any other place in any part of the United States, in which the Licensor shall not, at that time, be operating said game, or device, or shall not, at that time have already given to any other person, firm or corporation the exclusive right to operate any similar game, or device. 6. At the close of the season of 1923, the Licensee may remove the said game, or device, from said thoroughfare in Coney Island, New York, and operate the same in any other place in any part of the United States, in which the Licensor shall not, at that time, be operating a similar game, or device, or shall not, at that time, have already given to any other person, firm or corporation the exclusive right to operate any similar game, or device. 7. The Licensee shall conduct the said game, or device, in a lawful and orderly manner, and shall comply with all municipal ordinances and regulations in respect of the same; and the Licensee agrees that any coupon, or certificate, given by the Licensee to any customer, as evidence of the winning of a race, shall be marked, so as to indicate that the same is given at the game, or device, operated by the Licensee, and not at any game, or device, operated by the Licensor, or by any other person, firm or corporation, who, or which, may be operating a similar game, or device, at any other place. 8. The Licensor shall furnish the Licensee, during the term of this agreement, with all spare and repair parts, which may be required, and all improvements, which may be hereafter made in connection with the said game, or device, at the cost price thereof, plus ten (10%) per cent. 9. The Licensee may, at his option, obtain from the Licensor the exclusive right to operate said game, or device, on said thoroughfare, known as the "Bowery," Coney Island, New York, for the season of 1924, and for the seasons subsequent thereto, upon giving notice in writing to the Licensor, at its office in New York City, on or before January 1st in each year, of his election to exercise such option, and upon paying, or tendering, to the Licensor the sum of two hundred ($200) dollars, at the time of giving such notice. If the said Licensee, however, shall fail to exercise this option in any one year, then, and in such event, this option shall cease for all subsequent years, but the other provisions of this agreement shall, nevertheless, remain in full force and effect, until the expiration thereof. IN WITNESS WHEREOF, the Licensor has signed this instrument by its President, thereunto duly authorized, and has caused its corporate seal to be hereunto affixed, attested by its Secretary, and the Licensee has hereunto set his hand and seal, the day and year first above written. (Seal) Attest: Doe Derby Co., Inc., By John Doe, President. John Jones, Secretary. Richard Roe (L.S.). No. 280. Agreement granting sole and exclusive motion picture rights in book.3 THIS AGREEMENT, made January 5, 1923, between John Doe, residing at No. 111⁄2 Broadway, Borough of Manhattan, New York City (herein called the "First Party"), and Richard Roe, residing at No. 371⁄2 Broadway, Borough of Manhattan, New York City (herein called the "Second Party"), WITNESSETH: WHEREAS, the First Party is the author of a certain literary work, entitled "Mon," and has the sole right to permit the same to be printed, sold and circulated; and WHEREAS, the Second Party is desirous of purchasing from the First Party the sole and exclusive right to produce the subjectmatter and story of said book as a motion picture play, which right is exclusively owned and controlled by the First Party: Now, THEREFORE, IT IS HEREBY MUTUALLY AGreed, as follows: 1. The First Party hereby sells to the Second Party, and the Second Party hereby buys from the First Party, the sole and exclusive right of the First Party, in and to the motion picture rights of the subject-matter and story contained in the said book "Mon," and in the title thereof. 2. The Second Party shall pay therefor the sum of five hundred ($500) dollars, upon the signing of this agreement, and the further sum of five hundred ($500) dollars, within thirty (30) days thereafter. 3. The First Party shall request and direct the publishers of the said book to deliver to the Second Party all original letters and endorsements of said book; and the First Party hereby licenses the Second Party to use the same, or any of them, on any billing, advertising, or programs used in connection with the production, sale, and advertising of any and all motion pictures based upon the subject-matter and story of said book. 4. The Second Party shall display the name of the First Party as the author, and the name of the publisher, of said book, on all advertising, billing and programs of any such motion pictures. 5. The Second Party shall have the right to maintain any Adapted from Photo-Drama etc. Co. v. Social Uplift, etc. Corp. (1915), 220 Fed. Rep. 448. action, or actions, of any kind whatsoever, in any country, or countries, to restrain any person, firm, or corporation from using, in any manner the subject-matter, or story, of said book in motion. pictures, or to recover any damages, which the Second Party may sustain, as the result of the wrongful and unlawful use of the said story, or subject-matter, of said book in motion pictures, or motion picture films. 6. This agreement shall be binding upon the parties hereto, and their heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, the day and year first above written. In the presence of John Doe (L.S.). John Jones. No. 281. Agreement granting sole and exclusive right to publish book.1 Memorandum of agreement made this 5th day of January, 1923, between John Doe, residing at No. 111⁄2 Broadway, Borough of Manhattan, New York City (herein called the "author"), and Richard Roe & Co., Inc., a corporation, duly organized under the laws of the State of New York, and having its principal office at No. 371⁄2 Broadway, Borough of Manhattan, New York City (herein called the "publisher"). 1. The author hereby grants and assigns to the publisher the sole and exclusive right to publish in book form a work now entitled, "The Planet of Mercury" (which title may be changed only by mutual consent in writing) in the United States of America and in the United Kingdom of Great Britain, Ireland and Wales. 2. It is understood and agreed that the copyright shall be taken out in the name of the author, and the publisher is hereby authorized to take all steps required to procure said copyright in the United States of America and in such other countries as may be covered by this agreement. The author agrees to apply for the renewal of said copyright on the expiration of the first term Cf. New Fiction Publishing Co. v. Star Co. (1915), 220 Fed. Rep. 994; Palmer v. DeWitt (1872), 47 N. Y. 532. thereof, and to assign to the publisher the sole and exclusive right to publish the said work as herein provided during the full term of said renewal on the same terms and conditions as the original copyright term. 3. The author guarantees and represents that the said work has not heretofore been published in book form, that it is innocent and contains no matter libelous or otherwise unlawful, or which infringes any proprietary right at common law or any statutory copyright, that he is the sole author and proprietor of the said work and has full power to make this agreement and grant, and that he will hold harmless the publisher against any suit, claim, demand or recovery, finally sustained, by reason of any violation of proprietary right or copyright by, or any unlawful matter contained in the said work. The copyright shall be assigned by either party to the other on demand, when necessary for bringing, defending or maintaining a copyright action under this agreement, after the termination of which action the copyright shall on demand be re-assigned. 4. The author agrees to deliver to the publisher on or before the 1st day of May, 1923, a copy of the manuscript complete and ready for the press, but should he fail so to do, the publisher may decline to publish said work. 5. The author further agrees that he will not during the continuance of this agreement furnish to any other publisher any work on the same subject or of competing character, or material therefor, unless and until he shall have offered such work to the said publisher, who shall have an option of thirty days for the acceptance thereof. 6. If the publisher is directed by the author to make alterations in any proofs from final copy as delivered which shall cost more than fifteen (15%) per cent of the cost of composition of the said work, the author agrees to pay said excess, and the publisher shall upon request keep the author informed of such excess charges. 7. The publisher undertakes to publish the said work at its own expense in such style or styles as it deems best suited to its sale, at a catalogue retail price of not less than one dollar and seventyfive cents ($1.75) nor more than two ($2) dollars, cloth style, and at a time not to exceed one year after the receipt by it of a complete manuscript of the said work ready for the press and released for book form publication (which limit, in case of strikes or other |