Contract

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What follows is the text from a typical Telecomsoft contract for a developer, circa 1987. Any typos are duplicated from the original text:

Continued...


7 ROYALTIES PAYABLE The Publisher shall pay the Author the following royalties of fees in respect of sales of the Work during the legal term of copyright.

a) Physical sales: 6 per cent of the UK recommended retail price (excl VAT) per copy sold either by the Publisher or by any party licensed by the Publisher. The same actual royalty payment to apply for all copies sold throughout the World.

b) Telesoftware: 20 per cent of the actual amounts received by the Publisher in respect of the sale of the work, not in a physical form, but by transmission through a medium of telecommunications such as the telephone, broadcasting, cable or other such medium.

8 SUBSIDIARY RIGHT The subsidiary rights for publication of the work other than as a separate programme on tape, disk or other physical medium or as telesoftware shall be controlled jointly by the Publisher and the Author and shall not be licensed without the consent of both parties, and in the event of their being licensed, the Author shall receive a percentage of the proceeds to be agreed, being not less than 50%.

9 AUTHOR'S COPIES The Author shall receive six copies of the Work free of charge on publication, and no royalty shall be payable on these copies or on copies used for purposes of publicity, review, criticism or advertisement. The Author shall have the right to purchase at the ordinary trade price such further copies as he may require for personal use but not for resale except with the written permission of the Publisher.

10 BREACH OF COPYRIGHT The Publisher shall not be liable to the Author for the wrongful acts of third parties in relation to the Work. If during the life of this Agreement the Publisher shall believe that the copyright or some proprietary right to the Work is being infringed or injured by the act of another, the Publisher shall give written notice to the Author. If, after conference, the Publisher and the Author shall proceed jointly, then the costs and recovery arising out of any prosecution shall be shared equally. If no agreement is reached for joint action, either party may proceed as he shall see fit, bearing all costs incidental thereto and enjoying all the benefits arising therefrom. If one party shall decline to proceed, he shall, upon being indemnified against all costs connected with said proceedings, execute all instruments necessary or convenient to permit the other part to proceed at his own cost, and for his own benefit, either in his own name or in their joint names as the law may require.

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