V 

Approved Code No. 523 Registry No. 501-13 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

BOOK PUBLISHING INDUSTRY 

. AS APPROVED ON OCTOBER 1, 1934 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 193, 

For sale by the Superintendent of Documents, Washington, D.C. Price 5 cents 
This publication is for sale by the Superintendent of Documents, Government 

Printing Office, Washington, D.C., and by district offices of the Bureau of 

Foreign and Domestic Commerce. 

DISTRICT OFF~CES OF THE DEPARTMENT 0 1-· COMMERCE 

Atlanta, Ga.: 504 Post Office Building. Birmingham, Ala.: 257 Federal Building. 

Boston, Mass.: 1801 Customhouse. 

Buffalo, N.Y.: Chamber of Commerce Building. 

Charleston, S.C.: Chamber of Commerce Building. 

Chicago, Ill.: Suite 1706, 201 North Wells Street. 

Cleveland, Ohio: Chamber of Commerce. 

Dallas, Tex.: Chamber of Commerce Building. 

Detroit, Mich.: 801 First National Bank Building. 

Houston, Tex.: Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 408 Federal Building. 

Memphis, Tenn.: 229 Federal Building. 

Minneapolis, Minn.: 213 Federal Building. 

New Orleans, La.: Room 225-A, Customhouse. 

New York, N.Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa.: 422 Commercial Trust Building. 

Pittsburgh, Pa.: Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Louis, Mo.: 506 Olive Street. 

San Francisco, Calif.: 310 Customhouse. 

Seattle, Wash.: 809 Federal Office Building • 

• 
Approved Code No. 523 

CODE OF FAIR COMPETITION 

FOR THE 

B·OOK PUBLISHING INDUSTRY 

As Approved on October 1, 1934 

ORDER 

APPROVING CoDE OF FAIR COMPETITION FOR THE BooK PUBLISHING 

INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for approval of a Code of 

Fair Competition for the Book Publishing Industry, and hearings 

having been duly held thereon and the annexed reports on said Code 

of Fair Competition, containing findings with respect thereto, having 

been made and directed to the President: 

No,v, THEREFORE, on behalf of the President of the United 

States, ,v e, the National Industrial Recovery Board, pursuant to 

authority vested in us by Executive Orders of the President, including Executive Order No. 6859, dated September 27, 1934, and otherwise; do hereby incorporate, by reference, said annexed report and 

do find that said Code of Fair Competition as constituted complies in 

all respects with the pertinent provisions and will promote the policy 

and purposes of said Title of said Act, and do hereby order that said 

Code be and is hereby approved. 

NATIONAL INDUSTRIAL RECOVERY BOARD, 

By G. A. LYNCH, Administrative Officer. 

Approval recommended: 

JACK B. TATE, 

Acting Division Adminutrator. 

w ASHINGT0N, D.C., 

Ootober, 1, 1934. 

89383°-1244-14-34 (47) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Srn: This is a report on the proposed Code of Fair Competition 

for the Book Publishing Industry. A public hearing was held on 

this proposed Code on l\1ay 24th, 1934, and full opportunity was 

given to all interested parties to appear. 

The proposed Code consists of a Basic Code and five Divisional 

Codes covering the Bible Publishing Industry, l\,fedical and Allied 

Book Publishing Industry, Play and Dramatic Text Publishing 

Industry, Subscription and Mail Order Book Publishing Industry, 

and Trade Book Publishing Industry. This Basic Code and the 

five Divisional Codes consist of administrative provisions, fair trade 

practice provisions, and wage and hour provisions. 

EXTENT OF THE INDUSTRY 

This Book Publishing Industry is relatively sn1all insofar as 

number of employees, annual sales, and invested capital, are concerned, but is of great importance viewed in the light of the influence that its product has upon the cultural and educational life 

of this country. The Book Publishing Industry represents approximately only 

two-tenths of 1 per cent of the value of all manufactured products. 

In geographical distribution the publishing industry is heavily 

concentrated on the Eastern Seaboard. The overwhelming proportion of books sold are the product of less than 350 publishers. 

No less than 104 firms or thirty per cent, including most of the 

larger houses, are located in New York. Subsidiary centers are 

found in Boston (17 firms), Philad~lphia (15 firms), and Chicago 

(11 firms.) The other publishers are scattered over 28 States, no 

more than three, however, being in any one state. 

CAPITAL INVESTl\IENT 

The capital investment of the Industry declined about 10 per cent 

between 1929 and 1933. In 1929 it was $134,019,278.00 and in 19331 $121,675,071.00. Nearly 50 per cent of the capital investment ot 

the Book Publishing Indust_ry is centered in the Text Book Publishing Industry and a little over 20 per cent in the Trade Book 

Publishing Industry. 

The annual sales in the Book Publishing Business in 1929 were 

approximately $153,200,000.00, and in 1933 approximately $85,000,-

000.00, which represents a drop of nearly 45 per cent since 1929. 

(48) 
49 

EMPLOYEES 

The publishing business is essentially a white collar industry with 

virtually no machine workers, and comparatively few manual workers of any sort. Employees of the Book Publishing Industry are 

largely confined to the editorial staff, clerical workers of various 

sorts, salesmen, etc. The number of salaried employees in the Book 

Publishing Industry was 22,238 in 1929. In 1933 the number of 

employees fell to 17,233, a decline of nearly 23 per cent. 

A VENUES OF DISTTIIIlUTION 

There are three main channels of distribution in the Book Trade. 

The first, and largest, is direct to consumer, meaning by this term 

mainly libraries, boards of education, colleges and schools, and other 

educational institutions, both public and private, rather than individual purchasers. Sales to these groups amounted to nearly 45 

per cent of the total sales for 1929. The next channel is sales to 

dealers, both wholesale and retail, the per cent being 14 per cent for 

the former, and 28 per cent for the latter. The third outlet is the 

wholesale branches of the publishers themselves, the per cent being 

12 per cent. Finally some sales are made to agents, commission men, 

and direct to individual purchasers. 

Insofar as the distribution of books to the ultimate purchaser is 

concerned, 48 per cent obtained are through general book stores, 29 

per cent through department stores, 7 per cent through circulating 

libraries, 5 per cent through drug stores, and 11 per cent through 

outlets not specified, largely through book clubs and direct by mailorder buying. 

FINDINGS 

The Assistant Deputy Administrator in his final report to us on the 

proposed Code of Fair Competition for the Book Publishing Industry, having found as herein set forth, and on the basis of all the 

proceedings ori this matter : 

1'T e find that : 

(a) The said Code is well designed to promote the policies and 

purposes of Title I of the National Industrial Recovery Act including the removal of obstructions to the free flow of interstate and 

foreign commerce which tend to diminish the amount thereof, and 

will provide for the general welfare by promoting the organization 

of industry for the purpose of cooperative action among trade 

groups, by inducing and maintaining united action of labor and 

management under adequate governmental sanction and supervision, 

by eliminating unfair competitive practices, by promoting the fullest 

possible utilization of the present productive capacity of industries, 

by avoiding undue restriction of production ( except as may be temporarily required), by increasing the consumption of industrial and 

agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving standards of 

labor, and by otherwise rehabilitating industry. 

(b) The Code complies in all respects with the pertinent provisions of said Title of said Act, including without limitation Subsec-
50 

tion (a) of Section 3, Subsection (a) of Section 7 and Subsection 

(b) of Section 10 thereof; that the groups submitting this Code are 

truly representative of the aforesaid Industry and the divisions 

thereof, and that the applicant Associations or groups impose no 

inequitable restrictions on admission to membership therein. 

( c) The Code is not designed to and will not permit monopolies 

or monopolistic practices. 

( d) The Code is not designed to and will not eliminate or oppress small enterprises and will not operate to discriminate against 

them. 

( e) Those engaged in other steps of the economic process have 

not been deprived of the right to be heard prior to approval of said 

Code. 

vV e believe the Code to be fair to labor, to the consumer, and to 

the indμstry, and for these reasons, therefore, we approve this Code. 

Nespectfully, 

OCTOBER 1, 1934. 

NATIONAL INDUSTRIAL RECOVERY BOARD, 

By G. A. LuNcH, Adrmini,st?-ati'oe Officer. 
CODE OF FAIR COl\f PETITION FOR THE BOOI( 

PUBLISI-IING INDUSTRY 

BASIC CODE 

ARTICLE I-PURPOSES 

To effect the policies of Title I of the National Industrial Recovery Act, this Code is established as a Code of Fair Competition for 

the Book Publishing Industry, and its provisions shall be standards 

of fair competition for such Industry an dshall be binding upon 

every member thereof. 

ARTICLE II-DEFINITIONS 

SECTION 1. The terms" Book Publishing Industry" or "Industry" 

as used herein shall mean the business of publishing, contracting with 

authors for the publication of2 acquiring copyrights of, and/or sales 

rights of, and/or contracting tor printing and binding of single volumes or multiple-volume books. 

SECTION 2. The term "Division" as used herein means such concerns or departments of concerns as may be engaged in the publishin~ of books in the different lines mentioned in Article VI, Section 1. 

bECTION 3. The terms "Member of the Divisions," or "Member 

of the Division," or "Member of the Industry," as used herein 

includes, but without limitation, any individual, partnership, association, corporation, or other form of enterprise engaged in any of 

the Divisions, either as an employer or on his or its own behalf. 

SECTION 4. The term" employee" as used herein includes any and 

all persons engaged in the industry, however compensated, except a 

member of the industry. 

SECTION 5. The term " employer " as used herein includes anyono 

by whom such employee is compensated or employed. 

SECTION 6. The term "Code Authority" as used herein is defined 

to mean the administrative agency of each Division. 

SECTION 7. The term "Book Publishing Coordinating Board" as 

used herein is defined to mean the coordinating agency of the Book 

Publishing Industry with such administrative powers and duties as 

are hereinafter expressly conferred upon it. 

SECTION 8. The term "Act " as used herein means, Title I of the 

National Industrial Recovery Act. 

SECTION 9. The term "President" as used herein means the President of the United States, or any officer, agent, or employee to whom 

any of his functions have been or may be delegated pursuant to Section 2 (b) of the Act. 

SECTION 10. The term " dealer " means any person, firm, association, or corporation, doing business at wholesale or retail, whether 

(51) 
52 

or not controlled by a member of the industry through stock ownership or otherwise, to whom or to which a member of the industry 

furnishes books in the course of distribution, for cash on whole or 

partial credit, on consignment, or on any other arrangement or 

undertaking. 

SECTION 11. Population for the purposes of this Code shall be 

determined by reference to the latest Federal Census. 

ARTICLE III-Ho1ms 

SECTION 1. No employee shall be permitted to work in excess of 

forty ( 40) hours in any one week, or eight (8) hours in any twentyfour (24) hour period, beginning at midnight, except as herein otherwise provided. A normal work day shall not exceed eight (8) hours. 

SECTION 2. A tolerance period not to exceed sixty-four ( 64) hours 

in any one year is allowed for employees indispensably necessary to 

the conduct of business during peak periods, during which time such 

employees may be permitted to work not to exceed forty-eight ( 48) 

hours per week; provided, however, that :for any hours or :fractions 

of hours worked in excess of eight (8) hours in any twenty-four (24) 

hour period any such employee shall be paid at the overtime rate of 

time and one-third. 

SECTION 3. Employees engaged in maintenance or outside service 

work shall be permitted to work not more than forty-five ( 45) hours 

in any one week, or nine (9) hours in any twenty-four (24) hour 

period, beginning at midnight, except as herein otherwise provided. 

A normal work day for these employees shall not exceed nine (9) 

hours. 

SECTION 4. The provisions of this Article shall not apply to persons 

employed in a managerial or executive capacity (including editors 

and lawyers) who earn regularly thirty-five ($35.00) dollars per 

week, or more, or outside salesmen, nor to collectors when paid on a 

commission basis. 

SECTION 5. No employee shall be permitted to work more than six 

(6) days in any seven (7) day period. 

SECTION 6. No member of the industry shall knowingly permit 

any employee to work for any time which, when added to the time 

spent at work for another member of the industry exceeds the maximum permitted herein. 

ARTICLE IV-WAGES 

SECTION 1. Except as hereinafter provided, the m1n1mum wage 

that shall be paid in the Divisions to any employee shall not be less 

than fifteen ( $15.00) dollars per week in any city of over 500,000 

population, or in the immBdiate trade area thereof; nor less than 

fourteen dollars and fifty cents ($14.50) per week in any city of 

between 250,000 and 500,000 population1 or in the immediate trade 

area thereof; nor less than fourteen ( :i,14.00) dollars per week in 

any city or place of less than 250,000 population, or in the immediate 

trade area thereof. The provisions of this Article shall not apply to 

outside salesmen and/or collectors when paid on a commission 

basis. 
53 

SECTION 2. No office boy, office girl, or messenger, shall be paid 

less than 80% of the minimum wage provided in Section 1 for the 

applicable population area. 

SECTION 3. No employee who is engaged in part-time work, aggregating less than six hours per day, shall be paid less than at the 

rate of forty ( 40) cents per hour; provided, however, that it shall 

constitute a violation of this Code for any member of the industry 

to split shifts or otherwise to deprive regular full-time employees of 

the benefits of such full time employment. 

SECTION 4. This Article establishes minimum rates of pay which 

shall apply to all employees except outside salesmen and/ or collectors when paid on commission basis. 

SECTION 5. No member of the industry shall reduce the weekly 

wages of an employee receiving above the minimum provided in 

this Article because the hours of work of such employee have been 

reduced under Article XIX of this Code. 

SECTION 6. Female employees performing substantially the same 

work as male employees shall receive the same rate of pay as male . 

employees. 

SECTION 7. A person whose earning capacity is limited because of 

age, physical or mental handicap, or other infirmity may be employed on light work at a wage below the minimum established by 

this Code, if the employer obtains from the State Authority designated by the United States Department of Labor, a certificate 

authorizing such persons employment at such wages and for such 

hours as shall be stated in the certificate. Such authority shall 

be g.uided by the instructions of the United States Department of 

Labor in issuing certificates to such persons. Each member shall 

file monthly with the Code Authority a list of all such persons 

employed by him, showing the wages paid to, and the maximum 

hours of work for each employee. SECTION 8. No provision in this Code shall n1odify established 

practice or privileges as to vacation periods, leaves of absences, or 

temporary absences from work heretofore granted to employees. 

SECTION 9. All members of this industry shall make payment of 

all wages due in lawful currency, or by negotiable check therefor 

payable on demand at par. If wages are paid by check, the employer shall provide reasonably accessible :facilities for cashing 

checks at :face value without expense to the employee. 1t1embers 

shall also provide such identification as is necessary to utilize such 

facilities. 

SECTION 10. Wages shall be payable at the end of each weekly 

period. VVages shall be exempt from any payment for pensions, 

insurance, or sick benefits except such as is voluntarily paid or 

authorized to be deducted by employees. Members or their agents 

shall not accept, directly or indirectly, rebates on such wages, nor 

give anything of value, or extend any :favors to any person for the 

purpose of influenc,ing rates of wages or working conditions of their 

employees. . 

SECTION 11. The provisions of the foregoing Section regarding 

payment of wages at the end of each weekly period shall not apply 

to persons employed in executive, administrative, and supervisory 

capacity who earn in excess of thirty-five ($35.00) dollars per week, 

89383°-1244-14-34-2 
54 

nor to persons employed in clerical or office work. The wages for 

persons employed in clerical or office wo-rk shall be payable at least 

semi-monthly. 

ARTICLE V-GENERAL LABOTI PROVISIONS 

SECTION 1. No person under eighteen (18) years of age shall be 

employed in the industry except office boys, office aids, mess-engers 

and the like. No person under sixteen ( 16) years of age shall be 

employed in the industry in any capacity. In any State any member 

shall be deemed to have complied with the provisions as to age if he 

shall have on file a certificate or permit, duly signed by the Authority 

in such State empowered to issue employment or age certificates or 

permits, showing that the employee is of the required age. 

SECTION 2. (a) Employees _shall lrnve the right to organize and 

bargain collectiYely through r~presentatives of their own choosing 

and shall be free from the interference, restraint, or coercion of em- . players of labor, or their agents, in the designation of such representatives, or in self ~organization, or in other concerteJ activities for 

the purpose of collective bargaining or other mutual aid or protection. 

(b) No employee and no one seeking employment hall be required 

as a condition of employment to join any company union, or to refrain from joining, organizing, or assisting a labor organization of 

his own choosing, and 

( c) Members shall comply with the maximum hours of labor, 

minimum rates of pay, and other conditions of employment approved 

or _prescribed by the President. 

SECTION 3. (a) No member of the industry shall reclassify employees or duties of occupation performed, or engage in any other 

subterfuge, so as to defeat the. purposes or provisions of the Act or of 

this Code. 

(b) No employee now employed at rates in excess of the minimum 

shall be discharged and reemployed at a lower rate for the purpose 

of evading the provisions of this Code. 

SECTION 4. Every member hall make reasonable provisions for 

the safety and health of employees during the hours and at the 

places of their employment. Standards for safety and health shall 

be submitted by the Code Authority to the National Industrial Re.- covery Board within sixty (60) days after the effective date of the 

Code. After approval, such standards shall become the minimum 

standards of safety and health for all members of this industry. 

SECTION 5. No provisions in this Code shall supersede any State or 

F ederal Law which imposes on members more stringent requirements as to age of employees, wages, hours of work, or as to safety, 

health, sanitary or general working conditions, or insurance, or fire 

protection, than are imposed by this Code. 

SECTION 6. All members shall post and keep posted copies of this 

Code in conspicuous places accessible to all employees. Every n1ember of the industry shall comply with all rules and regulations relative to posting of provisions which may from time to time be prescribed by the National Industrial Recovery Board. 
55 

SECTION 7. No employee shall be dismissed or demoted by reason 

of making a complaint, or giving evidence, with respect to an alleged 

violation of this Code. 

ARTICLE VI-GENERAL An_nNISTRATIVE PROVISIONS 

SECTION 1. The Book Publishing Di, isions, each of which shall be 

administered by a Code Authority established in accordance with 

the provisions of the Divisional Codes, respectively, hereinafter referred to, are as follows : 

A. Bible Publishing Division. 

B. Law Book Publishing Division. 

C. Medical and Allied Book Publishing Di vision. 

D. Play and Dramatic Text Publishing Division. 

E. Subscription and ~fail Order Book Publishing Division. 

F. Text Book Publishing Division. 

G. Trade Book Publishing Division. 

(a) Definitions of the foregoing Di visions, and provisions a pplicable only to members of each Division, shall be contained in the 

several Divisional Codes which shall constitute supplements hereto 

upon their approval by the National Industrial Recovery Board. 

(b) The provisions of this Code are basically applicable to and 

binding upon all members of the Book Publishing Industry. This 

Code may be referred to as the Basic Code for the Book Publi ·hing 

Industry. 

(c) Upon request of any trade as ociation, organization, or group 

of employers, representative of the Law Book Publishers, the Book 

Publishing Coordinating Board may make application to the National Industrial Recovery Board for amendment to this Code au- thorizing the inclusion herein of a Divisional Code for the Law Book 

Publishing Industry, and upon order by the National Industrial 

Recovery Board the Divisional Code for the Law Book Publishing 

Industry shall be incorporated as a Division of this Code. 

( d) Upon approval of this Code, any Code of Fair Competition 

which may be approved for the Text Book Publishing Industry 

shall upon order of the National Industrial Recovery Board be incorporated as a Division hereof with such modifications as may be 

necessary to secure conformity with the provision of this Code. 

( e) vVhere the nature of the busines in which a member of the 

industry is engaged, or the product or products it produces, would, 

under the definitions set forth in two or more Divisional Codes, 

subject such member to administration under more than one Code 

Authority, the Book Publishing Coordinating Board shall c1€termine, subject to review of the National Industrial Reco-very Board, 

under which Code Authority or Code Authorities such membe>r, or 

departments thereof, are subject to administration; provided, however, that each such member shall be given equitable repres0 ntation 

on each Code Authority to whose administration it may be then subjected, and that such member shall bear its equitable sh are of the 

costs of the administration by each such Code Authority. 

(f) No member of a Code Authority or of the Book Publishing 

Coordinating Board shall sit in any proceeding involving any part 

with whom he is identified or connected in any way or in which he 
56 

has any financial interest. In case of such disqualification, the Code 

Authority or the Book Publishing Coordinating Board, as the case 

may be, shall designate a substitute to sit as a member ad hoc during 

the consideration and determination of such a proceeding. 

SECTION 2. Subject to such rules and regulations as may be issued 

by the National Industrial Recovery Board, each Corle Authority 

shall have the following powers and duties-

( a) To in ure the execution of the provi ·ions of thi~ Code insofar 

as it applie to its Divi ion and its own Divisional Code concerning 

fair practice and di tribution relating to its Division. 

(b) To adopt by-laws and rules and regulations for its procedure. 

( c) To obtain from members of itR Division through a confidential 

agency such information and r eport· as are required for the adminjstration of this Code and its Divisional Co le. In addition to information required to be submitted to the Code Authority, members of 

the industry subject to this Code, shall furnjsh such statistical information as the National I ndustrial Recovery Board may deem necessary for the purposes recited in ~ction 3 (a) of the Act to such 

Federal and State agencies as the Board- may designate; provided 

that nothing in this Code shall relieve any 1nember of the industry 

of any existing obligations to furnish reports to any government 

agency. No individual report shall be disclosed to any other member 

of the industry or any other party except to such governmental 

agencies as may be directed by the National I ndustrial Recovery 

Board. 

( d) To use such agencies as it deems proper for carrying out of 

any of its activities provided for herein or in its Divisional Code; 

provided that nothing herein shall relieve the Code Authority of its 

duties or responsibilities under this Code and such Divisional Code, 

and that such agencies shall at all times be subject to and comply 

with the provisions hereof. 

( e) To be responsible for the paym.ent of its Division's share of 

the expenses of administering this Code by the Book Publishing 

Coordinating Board. 

(f) To designate one of its members as a regular member of the 

Book Publishing Coordinating Board, established in Section 9 hereof; and to designate another of its members as an alternate member 

of the Book Publishing Coordinating· Board; who shall be entitled 

to sit upon said Book Publishing Coordinating Board. in the absence 

of the regular member. In the event of any resignation or termination of membership on the Book Publishing Coordinating Board of 

any member for any cause, the Cocle Authority originally de ·ignating 

such member shall designate his successor. The members of the 

Book Publishing Coordinating Board and their alternates shall be 

subject to recall and replacement by the r espective Code Authorities 

designating such members. SECTION 3. If the National Industrial Recm~ery Board shall at any 

time determine that any action of a Code Authority or nny agency 

thereof may be unfair or unjust or contrary to th public interest, 

the National Industrial Recovery Board may require that such action be suspended to afford an opportunity for inve tigation of the 

merits of such action further consideration by a Code Authority or 

agency pending fin al action which shall not be effected unless the 

National Industrial Recovery Board approves or unless the Board 
57 

shall fail to disapprove after thirty (30) days' notice to the Board 

of intention to proceed with such action in its original or 1nodified 

form. 

SECTION 4. In order that the Code Authority shall at all times he 

truly representative of its Division and in other respects comply 

with the provisions of the Act, the National Industrial Recovery 

Board may prescribe such hearings as the Board may deem proper; 

and thereafter if the Board shall find that a Code Authority is not 

truly representative, or does not in other respects comply with the 

provisions of the Act, the Board may require an appropriate modification of such Code Authority. 

SECTION 5. Each trade or industrial association directly or indirectly participating in the selection or activities of the Code 

Authority shall (1) impose no inequitable restrictions on membership, and (2) submit to the National Industrial Re.covery Board true 

copies of its articles of association, by-laws, regulations, and any 

amendments when made thereto, together with such other information as to membership, organization, and activities, as the National 

Industrial Recovery Board may deem necessary to · effectuate the 

purposes of the Act. · 

SECTION 6 (a) It being found necessary in order to support the 

Administration of this Code, and to maintain the standards o:f fair 

competition established hereunder, and to effectuate the policy of the 

Act, each Code Authority is authorized: 

( 1) To incur such reasonable obligations as are necessary and 

proper for the foregoing purposes, and to meet such obligations out 

of funds which may be raised as hereinafter provided and which 

shall be held in trust for the purposes of the Code: 

(2) To submit to the National Industrial Recovery Board for the 

Board's approval, subject to such notice and opportunity to be 

heard as the Board may deem necessary, (a) an itemized budget 

of its estimated expenses for the foregoing purposes, and, (b) an 

equitable basis upon which the funds necessary to support such 

budget shall be contributed by members of the Division. 

(3) After such budget and basis of contribution have been approved by the N a.tional Industrial Recovery Board, to determine 

and obtain equitable contribution as above set forth by all members 

of the Division; and to that end, if necessary, to institute legal proceedings therefor in its own name. 

(b) Each member of the Division shall pay his or its equitable 

contribution to the expenses of the maintenance o:f the Code Authority, determined as hereinabove provided, and subject to rules and 

regulations pertaining thereto issued by the National Industrial Recovery Board. Only members of the industry complying with the 

Code and contributing to the expenses of its administration as hereinabove provided (unless duly exempted from making such contributions) , shall be entitled to participate in the selection of members of 

the Code Authority or to receive the benefits of any of its voluntary 

activities or to make use of any >mblem or insignia of the National 

Recovery Administration. 

( c) The Code Authority shall neither incur nor pay any obligation substantially in excess of the amount thereo.£ as estimated in its 

approved budget and shall in no event exceed the total amount contained in the approved budget except upon approval of the National 
58 

Industrial Recovery Board, and no subsequent budget ,shall contain 

any deficiency items for expenditures in excess o.f prior budget estimates except those which the National Industrial Recovery Board 

shall have so approved. 

SECTION 7. Nothing contained in this Code shall constitute the 

members of a Code Authority partners for any purpose. Nor shall 

any member o:E a Code Authority be liable in any manner to anyone 

for any act o:f any other member, officer, agent or employee of the 

Code Authority. Nor ,shall any member of a Code Authority exercising reasonable diligence in the conduct of his duties hereunder, 

be liable to anyone for any action or omission to act under this Code, 

except :for his own wilful malfeasance or nonfeasance. 

S ECTION 8. Organization and Constitution of Book Publishing 

Coordinating Board. 

(a) A National Coordinating Committee to be known as the Book 

Publishing Coordinating Board is hereby established. 

(b) The Book Publishing Coordinating Board shall consist of not 

less than five ( 5) members, or such other number as may be necessary 

to provide one ( 1) member only on the Book Publishing Coordinating Board ,for each Division. 

( c) Each member of the Book Publishing Coordinating Board 

shall have an equal vote upon all questions, motions, resolutions. or 

is.sues coming before said Board. 

( d) In addition to membBrship as above provided there 1nay be 

three (3) members, without vote, to be known as Administration 

Meinbers to be appointed by the National Industrial Recovery 

Board, to serve .for such terms as the Board may specify, without 

expense to the Industry. 

( e) The members of the Book Publishing Coordinating Board 

( other than the Administration members) shall be de,signated by the 

respective Code Authorities within thirty days after they shall severally be established under their respective Divisional Codes, and 

annually thereafter. Pending the completion 0£ the Book Publishing Coordinating Board by designations as aforesaid, any four or 

more members in office shall have all the power.s of the full Book 

Publishing Coordinating Board. 

SECTION 9. Powers and Duties of the Book Publishing Coordinating Board-

( a) The Book Publishing Coordinating Board shall have the 

power and duty subject to such rules and regulations as may be issued 

by the National Industrial Recovery Board, to insure the execution 

of the provisions of this Code relating to hours, wages, and conditions 

of employment, and to provide for the compliance of the Divisions 

with the provisions of the Act. 

(b) The Book Publishing Coordinating Board shall have the :further powers and duties, subject to such rules and regulations as may 

be issued by the National Industrial Recovery Board. 

(1) To adopt by-laws and rules and regulations :for its procedure 

and for the administration of the Code, in accordance with the 

powers herein granted, and to submit the same to the National Industrial Recovery Board for its approval together with true copies of 

any amendments or additions when made thereto, minutes of meetings when held, and such other information concerning its activities 
59 

as the National Industrial Recovery Board may deem necessary to 

effect the purposes of the Act. 

(2) To obtain, through a confidential agency of its designation, 

from the Code Authorities such information and reports as are 

required for the administration of the Code; and to require the 

submission of such information and reports by members of the Industry to their respective Code Authorities in case such Code Authorities shall fail or refuse to collect such information and reports, or 

require such submission. All such information and reports shall 

be kept confidential and shall not be disclosed to any member of 

the Industry or any other party except to such Governmental agencies as may be directed by the National Industrial Recovery Board, 

provided that summaries and compilations thereof which do not di~-

close the identity of any member of the Industry may be prepared 

and furnished to the Code Authority concerned. 

(3) To coordinate the rules and regulations of the Divisional Code 

Authorities concerning the administration of this Code and the several divisional Codes and to review and coordinate costing and 

accounting principles and methods, and trade practices, but only 

to the extent that such review or coordination will insure fair competition, and will not, except as otherwise herein provided, interfere 

with the functioning of the separate Code Authority for each 

Division. 

(4) To adjust differences that may arise between Divisional Code 

Authorities, or between a member of the Industry and a Code 

Authority to which such niember is·not subject or whose jurisdiction 

he disputes, or between members of the Industry subject to different 

Code Authorities, or different Divisional Codes. 

( 5) To represent any Code Authority and/ or member of the Industry before the National Recovery Administration, when called 

upon so to do by such Code Authority or member of the Industry. 

( 6) To incur such reasonable obligations as are necessary and 

proper for the discharge of its duties hereunder and to meet such 

obligations out of funds contributed by the several Code Authorities 

as hereinbefore provided. It shall prepare an itemized budget of its 

estimated expenses, together with -a statement showing each Division's proposed share thereof, and shall submit the same to the several 

Code Authorities for inclusion in the budgets to be presented by 

them respectively to the National Industrial Recovery Board for the 

Board's approval as hereinbefore provided. 

(7) To make recommendations to the National Industrial Recovery 

Board for the coordination of the administration of this Code with 

such other Codes, if any, as may be, related to or affect members of 

the Industry. 

( 8) To bring to the attention of the proper Code Authorities questions as to jurisdiction arising out of the definitions set forth in 

the Divisional Codes, or discrepancies appearing in the provisions 

contained in the Di vision al Codes; and to recommend to such Code 

Authorities the action to be taken with respect thereto. 

(9) To recommend to the National Industrial Recovery Board 

any action or measures deemed advisable, including further fair 

trade practice provisions to govern members of the Industry in 

their relations with each other or with any other industry; measures 
60 

for industrial planning, and stabilization of e1nployment; and including modifications of this Code which shall become effective as part 

hereof upon approval by the National Industrial Recovery Board 

after such notice and hearing as the Board 1uay specify. 

(10) To appoint a trade practice committee which shall meet 

with the trade practice committees appointed under such other 

Codes as may be related to the Book Publishing Industry for the 

purpose of :formulating fair trade practices to govern the relationships between men1bers of the Industry under this Code and under 

such other Codes, to the end that such fair trade practice may be 

proposed to the National Industrial Recovery Board as amendments 

to this Code and such other Codes. 

( 11) To use such agencies as it deems proper for the carrying 

out cf any of its activities provided for herein; provided th.at nothjng herein shall r elieve the Dook Publishing Coordinating Board of 

its duties or res-pon ibilities under this Code, and that such agencies 

shall at all times be subject to an.cl comply with the provisions hereof. 

(12) To provide appropriate facilities for arbitration for members of the Industry who n1ay desire to use the same, and subj-ect 

to the approval of the National Industrial Recovery Board; also 

to prescribe rules of procedure to effect compliance with awards and 

determination of ca es where such arbitration procedure 1nay 

have been chosen by all members involYed in any such arbitration , . proceea1ng. 

( 13) The powers, authority, and duties of the Book Publishing 

Coordinating Board relating to. the administration of this Code 

sha,ll be strictly limited to those hereinbefore specifi cally granted or 

imposed. 

(14) Nothing contained in this Code shall constitute the members 

of the Book Publishing Coordinating Board partners for any purpose. Nor shall any member of the Book Publishing Coordinating 

Board be liable in any manner to anyone for any act of any other 

member, officer, agent or employee of the Book Publishing Coordinating Board. Nor shall any 1nen1ber of the Book Publishing 

Coordinating Board, exercising reasonable diligence in the conduct 

of his duties hereunder, be liable to anyone for any action or omission to act under this Code, except for his o-wn wilful malfeasance 

or nonfea.sance. ARTICLE VII-MODIFICATION 

SECTION 1. This Code and the Divisional Codes hereunder and all 

the provisions thereof are expressly made subject to the right of 

the President, in accordance with the provisions of subsection (b) 

of Section 10 of the Act, from time to time to cancel or modify any 

order, approval, license, rule, or regulation issued under Title I 

of said Act. 

SECTION 2. Such of the provisions of this Code and the Divisional 

Codes hereunder as are not required to be included herein by the 

Act may, with the approval of the National Industrial Recovery 

Board, be modified or eliminated in such manner as may be indicated 

by the needs of the Public, by changes in circumstances, or by experience. All the provisions of this Code and the Divisional Codes 

hereunder, unless so modified or eliminated, shall remain in effect 

until June 16, 1935. 
61 

ARTICLE VIII- 1'foNOPOLIEs, ETc. 

No provision of this Code or of any Divisional Code shall be so 

applied as to permit monopolies or monopolistic _practices, or to 

eliminate, oppress, or discriminate against small enterprises. 

ARTICLE IX-PRICE INCREASES 

Wbereas the policy of the Act to increase real purchasing power 

will be made more difficult of con ummation if prices of goods and 

services increase as rapidly as wages, it is recognized that price 

increases except such as may be required to meet individual cost 

should be delayed; and when made such increases should, so far as 

possible be limited to actual additional increases in the seller's cost. 

ARTICLE X - EXPORT TRADE 

No provis10n of this Code or any Divisional Code relating to 

prices or terms of selling, shipping, or marketing, shall apply to 

export trade or sales or shipments for export trade. "Export 

Trade " shall be defined in the Export Trade Act adopted April 

10, 1918. 

ARTICLE XI- EFFECTIVE DATE 

This Code and each Divisional Code shall become effective on the 

second :Monday after its approval by the National Industrial 

Recovery Board. 

Appro,ed Code No. 523. 

Registry No. 501-13. 

89383°- 1244-14- 34--3 
DIVISIONAL CODE A 

BIBLE PUBLISHIKG DIVISION 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, this Divisional Code is established as a Supplemental 

Code of Fair Competition for the Bible Publishing Division of the 

Book Publishing Industry pursuant to the Basic Code of Fair Com- petition for the said Book Publishing Industry approved by the 

President of the United States on October 1, 1934: and all provisions of the said Basic Code which are not in conflict with the provisions of this Divisional Code are hereby specifically incorporated 

by reference in this Divisional Code and made part hereof. Such 

provisions of the Basic Code with the supplementing provisions of 

this Code are the standards of fair competition for, and are binding 

upon every member of the said Bible Publishing Division of the 

Book Publishing Industry. 

ARTICLE I-DEFINITIONS 

SECTION 1. The term "Bible Publishing Division" as used herein, 

includes the publication and sale by a publisher of Bibles, the business 

of contracting with authors for, acquiring copyrights of, and contracting for the printing and binding of Bibles by those who distribute Bibles predominantly through wholesale and retail outlets. 

SECTION 2. The term " Bibles " as used herein, includes all Bibles 

sold primarily at retail. 

SECTION 3. The word " Bible " as used herein, is meant to signify 

the King James Version, Revised, American Revised Versions, or 

such other Versions of the Holy Bible as are derived in main from 

these aforem-entioned Versions, also parts of the Bible as Testaments, 

and individual Books of the Bible. 

SECTION 4. The term "Division" as used herein, shall include all 

n1embers of the Division. 

SECTION 5. The term " Dealer " as used herein, means any person, 

firm, association, or corporation doing business at wholesale or retail, 

wheth-er or not controlled by a member of the Division through stock 

ownership or otherwise, to whom or to which a member of the 

Division furnishes Bibles in the course of distribution, for cash, on 

whole or partial credit, on consignment, or on any other arrangement 

or understanding. 

SECTION 6. The term" "\Vholesaler" as used herein, includes dealers 

who maintain a regular warehouse from which deliveries are made 

to retail dealers. 

SECTION 7. The term "Publication Date", as used herein, means 

the date of the formal release of a Bible by its publisher :for resale 

by the retail trade. 

ARTICLE II-ADMINISTRATIVE PROVISIONS 

SECTION 1. A Code Authority is hereby established for the Bib~e 

Publishing Division, consisting of not less than three persons to Lie 

(62) 
63 

elected by members of the Division by ballot ( cast by registered mail 

or by proxy) from among the personnel of such members. 

The sponsors of this Code, representing the majority of the members of the Division, shall be known as the Division's Temporary 

Code Authority, (T.C.A.) and as such committee shall select a nominating committee of three memb2rs, which shall cause ballots to be 

prepared containing the names of not less than six nominees, not 

more than one of whom shall be from any one member of the 

Division, including subsidiaries or affiliates thereof. with blank 

spaces for three additional nominees. Said nominee shall be fairly 

representative of large and small publishers and of other groups in 

the Division. 

The election shall be subject to such rules as the National Industrial Recovery Board may prescribe. One Yote for each office may 

be cast by each member of the Division, provided that not less than 

fifteen (15) days' notice of such election shall be given to all known 

members of the Division; provided further that the majority of the 

votes cast for each office shall represent companies whose total volume 

of Bible sales was more than one-half of the total volume of Bible 

sales of the Di vision in the calendar year next preceding the date 

of the election. 

The term of office of elected members of the Code Authority shall 

be one year, or until their successors are duly elected and qualified. 

Subsequent elections shall be conducted in the same manner as 

above outlined, unless the National Industrial Recovery Board, or 

the Code Authority, with the approval of the National Industrial 

Recovery Board, shall decide that some other method is more desirable and effective in giving equal representation on the Code Authority to all members of the Division. 

SECTION 2-. In addition to membership as above provided, there 

may be one member without vote to be kn°'vn as Administration 

member, to be appointed by the National Industrial Recovery Board 

to serve for such term as the National Industrial Recovery Board 

may specify without expense to the Division or Industry. 

ARTICLE III-TRADE PRACTICE RULES 

RULE 1. No member of the Division shall publish advertising 

(whether printed, radio, display, or of any other nature) which is 

misleading or inaccurate in any material particular, nor shall any 

member in any way misrepresent any goods ( including, but without 

limitation, their use, trade mark, grade, quality, quantity, origin, 

size, substance, character, nature, finish, material, content, or preparation) or credit terms, values, policies, services, or the nature or 

form of the business conducted. 

RULE 2. No member of the Industry shall use advertising or selling methods or credit terms which might reasonably have the capacity or tendency to deceive or mislead the customer or prospective 

customer. 

RuLE 3. No member of the Industry shall knowingly withhold 

-from or insert in any quotation or invoice any statement that makes 

it inaccurate in any material particular. 
64 

RULE 4. To preserve a sound trade structure and health distribution, and for the benefit of wholesalers and retailers themselves, trade 

di counts shall be given only to wholesalers or jobbers, to retailers 

stocking and handling Bibles for resale, and to agents and canvassers. 

Bible publishers shall giYe institutional discounts to public libraries, 

school and college libraries, and to institutions and a ·sociations for 

institutional purposes, and by courtesy to other publishers. In the 

interest of the retailer, the Bible publishers shall not grant a discount to clergy and ministers and other church workers purchasing 

for their personal needs. 

RuLE 5. Publishers shall not sell Bibles on consigmnent except 

for bona fide exhibition and display. 

RULE 6. No member of the Division shall use advertising or other 

representation which refers inaccurately in any material particular 

to any competitor or his coJnmodities, prices, values, credit terms, 

policies, or services. 

RULE 7. Salesmen's solicited orders may be shipped to points 

"\Vest of Denver in June and to points East of Denver in July with 

bills dated October 1, 2 percent ten days, net December 1. Other 

shipments to be billed on regular terms 2 percent ten days and/or 

2 percent E. 0. i1. net sixty days. 

RULE 8. No member of the Industry shall publish or circulate 

unjustified or unwarranted threats of legal proceedings which tend 

to or have the effect of harassing competitors, or intimidating their 

customers. 

RULE 9. No member of the Industry shall secretly offer or make 

any payment or allowance of a rebate, refund, commission, credit, 

unearned discount, or excess allowance, whether in the form of 

n1oney or otherwise; nor shall a member of the Industry secretly 

offer or extend to any customer any special service or privilege not 

extended to all customers of the same class, for the purpose of influencing a sale. 

RULE 10. No membBr of the Industry shall give, permit to be 

given, or offer to give, anything of value for the purpose of influencing or rewarding the action of any employee, agent, or representative of another in relation to the business of the employer of such 

employee, the principal of such agent or the represented party, without the knowledge of such employer, principal or party. This pro-

,ision shall not be construed to prohibit free and general distribution of articles commonly used for advertising, except so far as 

such articles are actually used for con1mcrcial bribery as hereinabove 

defined. 

RULE 11. No member of the Industry shall willfully induce or 

attempt to induce the breach of existing contracts between competitors and their customers by any false or deceptive means, or interfere with or obstruct the performance of any such contractual duties 

or services by any such means, with the purpose and effect of hampering, injuring, or embarrassing competitors in their business. 

RULE 12. No member of the Division shall reproduce in facsimile 

or imitate or employ the format or design of a Bible already on 

the list of another publisher, or reproduce by photography or by 

any other facsimile method a Bible which is the property of another 

publisher. 
DIVISIONAL CODEC 

l\IEDICAL .AND ALLIED BOOK PUBLISHING DIVISION 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, this Divisional Code is e tablished as a Supplemental 

Code of Fair Competition for the Medical and Allied Book Publishing Division of the Book Publishing Division of the Book Publishing Industry, pursuant to the provisions of the Basic Code of 

Fair Competition for the said Book Publishing Industry, approved 

by the President of the United States on October 1, 1934. All provisions of the said Basic Code which are not in conflict with the 

provisions of this Divisional Code are hereby specifically incorporated 

by reference in this Divisional Code and made a part hereof. Such 

provisions of the Basic Code with the supplementing provisions of 

this code are the standards of fair competition for, and are binding 

upon every member of the said Medical and Allied Book Publishing 

Division of the Book Publishing Industry. 

ARTICLE 1-DEFINITIONS 

\. 

SECTION 1. The term" Medical and Allied Book Publishing Division" as used herein, includes the publication and sale by a publisher 

of medical and allied books; contracting with authors for the publication of, acquiring copyrights of, and contracting for the printing 

and binding of medical and allied books; and the distribution of 

1nedical and allied books through wholesale and retail outlets. 

SECTION 2. The term "J'viedical and Allied Books" as used herein, 

includes all books relating primarily to the study and practice of 

1\1edicine, Dentistry, and Pharmacy (and their subdivisions), and 

Df the Natural Sciences, with the exception of books included in 

other di v'isions of the Basic Code. 

SECTION 3. The term" Division" as used herein, includes all members of the Division. 

SECTION 4. The term "Dealer'' as used herein, means any person, 

firm, association, or corporation, doing business at wholesale or retail, whether or not controlled by a member of the Division through 

stock ownership or otherwise, to whom or to which a member of the 

Division furnishes medical and allied books in the course of distribution, for cash, on whole or partial credit, on consignment, or on 

a.ny other arrangement or nnder tanding. 

SECTION 5. The term ",vholesaler" is defined to mean a business organization whose general business is the distribution of books 

to retailers for resale, or a business organization with which a publisher may make specific agreements for the distribution of his books 

in quantity lots for resale or otherwise. 

SECTION 6. The term " Retailer " is defined to mean an established 

bookstore, student bookstore, or a representative duly appointed to 

(65) 
66 

sell books to students in medical and allied schools; provided, however, that each publisher or dealer may appoint only one such representative ( exclusive of bookstores) in or for any one school. 

SECTION 7. The term " Publication Date" as used herein means 

the date of the formal release of a book by its publisher for resale by 

the retail trade. 

ARTICLE II-ADl\IINISTRATIVE PROVISIONS 

SECTION 1. A Code Authority is hereby established for the iiedical and Allied Book Publishing Division, consisting of five ( 5) 

persons to be elected by members of the Division by ballot ( cast by 

registered mail or by proxy) from among the personnel of such 

members. 

The sponsors of this Code, representing the majority of the members of the Division shall be known as the Division's Temporary 

Code Authority, (T.C.A.) and as such committee shall select a nominating committee of three members, which shall cause ballots to be 

prepared containing the names of not less than eight ( 8) nominees, 

not more than one of whom shall be from any one member of the 

Division, including subsidiaries or affiliates thereof, with blank 

spaces for five ( 5) additional nominees. Said nominees shall be 

fairly representative of large and small publishers and of other 

groups in the Division. 

The election shall be subject to such rules as the National Industrial 

Recovery Board may prescribe. One vote for each office may be cast 

by each member of the Division, provided that not less than fifteen 

(15) days' notice of such election shall be given to all known members of the Division; provided further that the majority of the votes 

cast for each office shall represent companies whose total volume of 

Medical and Allied Book sales was more than one-half of the total 

volume or Medical and Allied Book sales of the Division in the calendar year next preceding the date of the election. 

The term of office of elected members of the Code Authority shall 

be one year, or until their successors are duly elected and qualified. 

Subsequent elections shall be conducted in the same 111.anner as 

above outlined, unless the National Industrial Recovery Board, or 

the Code Authority, with the approval of the National Industrial 

Recovery Board, shall decide that some other method is more 

desirable and effective in giving equal representation on the Code 

Authority to all members of the Division. 

SECTION 2. In addition to membership as above provided, there 

may be one member, without vote, to be known as Administration 

Member, to be appointed by the National Industrial Recovery Board 

to serve for such term as the National Industrial Recovery Board 

may specify, without expense to the Industry. 

ARTICLE III-TRADE PRACTICE RULES 

GENERAL DEFINITION 

For all purposes of this Divisional Code the acts described in this 

Article shall constitute unfair practices. Any member of the Division who shall directly or indirectly through any officer, employee, 
67 

agent or representative, knowingly use, rmploy, or permit to be 

emploj ed, any of such unfair practices shall be guilty of a violation 

of this Code. 

RULE 1. :Members of this Division hall give trade discounts only 

(a) to wholesalers, (b) to retailers, ( c) to other publishing houses, 

and ( d) to author , underwriters, and/or financial sponsors of their 

own books. Dealers receiYing a di count hall in all cases be required to pay transportation chai\;es from the publishers' hipping 

point. 

RULE 2. Members of this Division may give discounts for insti- tutional purposes only to libraries, schools, colleges, (including 

members of the faculty for institutional purpo8€s), the Federal Government, any State or municipal gov~rnment, incorporated philanthropic institutions and to other agencies of a public character. 

RuLE 3. A member of this DiYision hall not remainder a book 

at a bargain price until two years after publication. No book which 

is to be revised shall be remaindered until two years after the date 

of publication of the revision, nor shall any rebate thereon be made 

to a dealer, nor any consider~tion be granted that would permit any 

such books to be remaindered within said period. 

RULE 4. No member of the Division shall use advertising (whether 

printed, radio, display, or of any other nature) or other representation which is inaccurate in any material particular or in any way 

misrepresents any commodity (including but without limitation its 

use, grade, quality, origin, size, finish, material, content, trade mark, 

or preparation), or credit terms, values, policies, services, or the 

nature, or form of the business conducted. 

RuLE 5. No member of this Division shall use advertising or selling methods or credit terms which might reasonably be construed to · 

have the capacity or tendency to deceive or n1islead the customer or 

prospective customer. 

RuLE 6. No member of this Divi ion shall use advertising or other 

representation which refers inaccurately in any material particular 

to any competitors or their commodities, prices, values, credit terms, 

policies, or services. 

RULE 7. No member of this Division shall publish or circularize 

unjustified or unwarranted threats of legal proceedings which tend 

to, or have the effect of harassing competitors or intimidating their 

customers. 

RuLE 8. No member of this Division shall secretly offer or make 

any payment or allowance o:f a rebate, refund, commission, credit, 

unearned discount, or excess allowance, whether in the :form o:f money 

or otherwise; nor shall a member, :for the purpose o:f influencing a 

sale, offer or extend to any customer any special service or privilege 

not openly extended to all customers of the same class. 

RuLE 9. No member of this Division shall give, permit to be given, 

or directly offer to give anything of value for the purpose o:f influencing or rewarding the action of any employee, agent, or representative 

of another in relation to the business of the employer of such employee, the principal o:f such agent, or the represented party, without 

the knowledge o:f such employer, principal, or party. This provision 

shall not be construed to prohibit free and general distribution of 
68 

articles commonly used for advertising, except so far as such articles 

are actually used for commercial bribery, as hereinabove defined. 

RULE 10. No member of this Division shall attempt to induce the 

breach of an existing contract between a competitor and his employee 

or customer or source of supply; nor shall any such member interfere 

with or obstruct the performance of such contractual duties or 

services. 
DIVISIONAL CODE D 

PLAY AND DRAMATIO TEXT PUBLISHING DIVISION 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, this Divisional Code is established as a Supplemental 

Code of Fair Competition for the Play and D1'a1natic T ext Pi1,blishing Division of the Book Publishing Industry, pursuant to the provisions of the Basic Code of Fair Competition for the said Book 

Publishing Industry, approved by the President of the United States 

on October 1, 1934. All provisions of said Basic Code which are not 

in conflict with the provisions of this Divisional Code are hereby 

specifically incorporated by reference in this Divisional Code and 

made a part hereof. Such provisions of the Basic Code with the 

supplementing provisions of this code are the standards of fair competition for, and are binding upon every 1nember of the said Play 

and Drarnatic Text Pitblislting Division of the Book Publishing Industry. 

ARTICLE I-DEFINITIONS 

SECTION 1. The term "Play and Dramatic Text Publishing Division " as used herein includes the publication and sale by a publisher 

of, contracting with authors for the publication of, acquiring copyrights of, contracting for the printing and binding of, in any way 

reproducing for sale, or licensing for public presentation, plays and 

dramatic text. 

SECTION 2. The term ''Division" as used herein, shall include all 

members of the Division. 

SECTION 3. The term "Dealer" as used herein 1neans any person, 

firm, association, or corporation, doing business at wholesale, or retail, whether or not controlled by a member of the Division through 

stock-ownership or otherwise, to whom or to which a member of the 

Division furnishes plays or dramatic texts in course of distribution, 

for cash, on whole or partial credit, on consignment, or on any other 

arrangement or understanding. 

SECTION 4. The term " Wholesaler " as used herein means a dealer 

who maintains a regular warehouse, carrying a general stock of books 

in sufficient volume to give general wholesale service to the retail 

trade. 

SECTION 5. The tern1 " Royalty " is used herein to mean a license 

fee charged for the right to present publicly a play or dramatic 

text. 

ARTICLE II-ADl\IINISTRATIYE PROVISIONS 

SECTION 1. A Code Authority is hereby established for the Play 

and Dramatic Text Publishing Division, consisting of five persons 

to be elected by members of the Division by baliot ( cast by registered 

mail or by proxy) from among the personnel of such members. 

(69) 
70 

The sponsors of this Code, representing the majority of the members of the Division, shall be known as the Division's Temporary 

Code Authority (T. C. A.), and as such committee shall select a 

nominating committee of three members, which shall cause ballots 

to be prepared containing the names of not less than eight nominees, 

not more than one of whom shall be from any one member of the 

Division, including subsidiaries or affiliates thereof, with blank spaces 

for five ( 5) additional nominees. Said nominees shall be fairly 

representative of large and small publishers and of other groups in 

the Di vision. 

The election shall be subject to such rules as the National Industrial Recovery Board may prescribe. One (1) vote for each office 

may be cast by each member of the Division, provided that not less 

than fifteen (15) days' notice of such election shall be given, to all 

known memb€rs of the Division: provided further that the majority 

of the votes cast for each office shall represent companies whose total 

volume of Play and Dramatic Text sales was more than one-half 

(1⁄2) of the total volume of Play and Dramatic Text sales of the 

Division in the calendar year next preceding the date of the election. 

The term of office of electBd members of the Code Authority shall 

be one (1) year or until their successors are duly elected and qualified. 

Subsequent elections shall be conducted in the same manner as 

above outlined, unless the National Industrial Recovery Board, or 

the Code Authority, with the approval of the National Industrial 

Recovery Board, shall decide that some other method is more desirable and effective in giving equal representation on the Code 

Authority to all members of the Division. 

SECTION 2. In addition to membership as above provided, there 

may be one member, without vote, to be known as the Administration 

Member, to be appointed by the National Industrial Recovery Board 

to serve for such term as the Board may specify, without expense to 

the Di vision. 

ARTICLE III-TRADE PRACTICE RULES 

RoLE 1. No member of the Division shall use advertising of any 

nature which knowingly misrepresents in any material particular 

a published play or dramatic text or which misrepresents business 

policies and terms. 

RuLE 2. No member of the Division shall use advertising methods 

or selling terms which nJ,ight reasonably be construed to have the 

capacity or tendency to deceive or mislead the customer or prospective customer. 

RULE 3. No member of the Division shall knowingly withhold or 

insert in any quotation or invoice, any statement that makes it inaccurate in any material particular. 

RULE 4. No member of the Division shall defame a competitor by 

falsely imputing to him dishonorable conduct, inability to perform 

contracts, questionable credit standing, or by other false representation, or by falsely disparaging the grade or quality of his goods. 

RULE 5. No member of the Division shall give, pern1it to be given, 

or offer to give anything of value for the purpose of influencing or 

rewarding the action of any employee, agent, or representative of 

another in relation to the business of the employer o:f such employee, 
71 

the principal 0£ such agent, or the represented party, without the 

knowledge of such employer, principal or party. This provision 

shall not be construed to prohibit free and general distribution of 

articles commonly used for advertising except as far as such articles 

are actually used for commercial bribery as hereinbefore defined. 

RULE 6. No member of the Division shall wilfully induce or attempt to induce the breach o:f existing contracts between competitors 

and their customers by any false or deceptive means or interfere 

with 6r obstruct the performance of any such contractual duties or 

services by any such means with the purpose and effect of hampering, injuring or embarrassing competitors in their business. RuLE 7. No member of the Division shall violate any provisions 

governing piracy of samples and design which may be adopted by 

the Code Authority and approved by the National Industrial Recovery Board. 
DIVISIONAL CODE E 

SuBSCRIPTION AND MAIL ORDER BooK P 0BLISHING DrvrsION 

To effectuate the policies of Title I of the National Industrial 

Recovery Act thi Divisional Code is established as a Supplemental 

Code of Fair om petition for the Si1,bscription and ill ail Orde1· 

Book Publi,shing Division of the Book Publishing Industry, pursuant to the provisions of the Basic Code of Fair Competition for 

the said Book Publishing Industry approved by the President of the 

United States on October 1, 1934. All provisions of the said Basic 

Code which are not in conflict with the provisions of this Divisional 

Code are hereby specifically incorporated by reference in this Divisional Code and made a part hereof. Such provisions of the Basic 

Code with the supplementing provisions of this Code are the tandards of fair competition for, and are binding upon every membBr of 

the said Subsc1oiption and ill ail Order Book Publi,shing Divis-ion of 

the Book Publishing Industry. 

ARTICLE I- DEFINITIONS 

SECTION 1. The term "Subscription and Mail Order Book Publishing Division ', as used herein, includes the publication, contracting with authors for the publication of, acquiring copyrights or 

salesrights of, contracting for the printing and binding of, or in any 

way reproducing for sale, and/ or selling any book or set of books at 

least sixty percent ( 60%) of the sales of which by any member of the 

Division, during the calendar year prior .to membership under this 

Code, were made by outside salesmen direct to the buyer, and/or 

by mail. 

SECTION 2. The term " Division " as used herein, includes all members of the Division. 

SECTION. 3. The term "Trade Book", a.s used herein, means and 

includes, an edition of any book manufactured or published for sale 

by bookstores. It does not include, however, editions of trade books 

manufactured for sale as the regular monthly selection of a book 

club, or editions manufactured and published exclusively for distribution by members of the Division. 

SECTION 4. The terms" Subscription" and/or" Mail Order Book ", 

as used herein, means and includes an edition of any book manufactured or published primarily for sale by outside salesmen and/or by 

mail, direct to the ultimate consumer, not for resale. 

ARTICLE II-ORGANIZATION, P OWERS AND DUTIES OF THE CODE 

AUTHORITY 

SECTION 1. A Code Authority shall be established to con ist of nine 

members, at least one of whom hall be an executive of a Mail Order 

Publisher, and at Jea -t one of whom shall be an executive of a Book 

(72) 
73 

Club. The ~1embers o:f the Code ... uthority shall be selected in the 

manner following : 

(a) vVithin twenty clays after the eff ecti-ve date hereof, the code 

spon ors who are hereby constituted a Temporary Code Authority 

for that purpo. e, shall conduct the fir t election for members of the 

permanent Code Authority. They shall appoint a nominating committee con isting of ten person.· who shall be executives of members 

of the Divi ion, none of whom shall be a member of the Temporary 

Code Authority. Su h nominating committee shall, by vote of at 

least seven of its members designate as candidates for the office of 

Code Auth01·ity I\fomber twenty persons employed in executive ca- pacities by members of the Division. Said nominees shall be fairly 

representatiYc of large and small publi hers and of other groups in 

the DiYision. The Temporary Code Authority shall cause ballots to 

be prepared containing the names of the twenty nominees ·elected by 

the nominating committee, with blank spaces for nine additional 

names. Opposite the nam.e of each nominee on such ballots there 

shall be placed the name of the concern with which he may be identified. No one member of the Division, including subsidiaries and/or 

affiliates thereof, shall have more than one member either on the 

nominating committee or among the nominees, or upon the Code 

Authority. 

(b) Said ballots shall be forwarded under registered cover to all 

ascertainable members of the Division at least fifteen days, but not 

more than t"enty-five days, before the date designated :for the counting of votes. 

(c) In the election o:f members of the Code Authority, each member of the Division shall be entitled to cast one vote for each office; 

provided that the majority of the votes cast for each office shall represent companies whose total volume of gro s receipts was more than 

one-half of the total volume of gross receipts of the Division in the 

calendar year next preceding the date of the election. 

( d) Votes may be cast either for any nominee proposed by the 

nominating committee or for the voters individual choice. 

( e) l\1embers of the Code Authority shall hold office for one year, and until their successors are duly elected and qualified. 

(f) All elections after the first shall be conducted by the Code 

Authority then in office in accordance with the foregoing provisions, 

except that all such elections shall be held within the month preceding the date of expiration of such Code Authority s term of office. 

(g) If the Code Authority shall deem it necessary, after the first 

election in order to give equitable representation to any :Member or 

11:embers of the Division, to provide for the weighting of votes by 

volume of gross receipts, or otherwise, it shall prepare a plan of 

voting designed to effect such equitable representation, and shall 

afford to each J\'.Iember of the Division adequate opportunity to object, in writing, to such plan of voting. Upon approval by the No. 

tional Industrial Recovery Board of any plan of voting so prepared, 

such plan of Yoting shall be followed in lien of the procedure outlined in (b) of this Section. · ECTION 2. In addition to rnember hip a aboYe provided, there 

may be one (1) member, without vote, to be known as Administration J\Iember, to be appointed by the National Industrial Recovery 
74 

Board to serve for such term as the National Industrial Recovery 

Board may specify, without expense to the Division. 

AR'l.'ICLE III-TRADE PRACTICE RULES 

R LE 1. No ~1em ber of the Di vision shall list any name as e.ditor, 

or contributing editor in such manner as to practice deception on 

the public. 

RuLE 2. No Member of the Division shall use only the last date 

of copyright and/ or eliminate the first copyright date. 

RULE 3. No Member of the Division shall designate any edition 

of any subscription and/ or mail order book as "teachers' edition", 

"school edition", "project edition" or use any other edition title 

unless such edition title accurately represents a difference in textual 

content from the edition of the same book which is most widely 

offered for sale. RULE 4. No M:ember of the Division shall, with intent to deceive 

the public, use or imitate in his business a competitor's exclusive 

trade name or trade names. 

R u LE 5. No 1fomber of the Division shall list in any book or hold 

out to the public, either in any form of advertising or by representations of salespeople, the name of any editor, contributing editor, 

contributor, reviewer, or revisor, for the purpose of confusing or 

deceiving the buyer as to the extent of the contribution to, or the 

responsibility of the editor, contributing editor, contributor, reviewer, 

or revisor, for any particular article or department. 

RULE 6. No J\tiember of the Division shall use the signature or the 

initials of a person under an article which is the same, or essentially 

the same, as appeared in a previous edition over the signature or 

initials of another. 

RuLE 7. No Member of the Division shall use advertising or other 

representation which refers inaccurately in any material part to any 

competitors, or their publications, prices, values, credit terms, 

policies, or selling methods. · RuLE 8. No Mern:ber of the Division shall publish advertising 

(whether printed, radio, display, or of any other nature), which is 

misleading or inaccurate in any material particular, nor shall any 

member in any way misrepresent any goods (including but without 

limitation their use, copyright, grade, quality, quantity, origin, size, 

substance, character, nature, finish, material, content, or preparation) 

or credit terms, values, policies, services, or the nature or form of 

the business conducted. 

RULE 9. No Member of the Division shall use destructive advertising, nor through the representations of salespeople or otherwise 

bring to the notice of any buyer, or prospective buyer, state·ments 

including comparisons of competing book publications stated to be 

based on surveys, questionnaires, or other fonns of investigation, 

unless the agencies employed to conduct such surveys, questionnaires, 

or investigations are accurately described at the same time and in 

the same place as the results of such surveys, questionnaires or investigations, nor unless such surveys, questionnaires, or investigations 

were conducted by impartial agencies not associated in any way with 

the member advertising or 1naking public the results of such surveys, 

questionnaires or investigations.. Nothing in this rule shall prevent 
75 

any member from making or having made such surveys, questio:r:inaire or inyestigations a · he may desire by any agency of his 

choosing, proYided that in any adYertising or other communication 

to buyers of the l'esults of such survey , que tionnaires, or investigations the origination thereof by the member advertising or otherwise 

communicating to the buyer. the results of ~uch sLirYey , questionnaire , or i1we ·tigation shall be clearly set forth and not in any way 

c;~ncealed or clisgui ed. · RuLE 10 . .J.. To :M/0\mber of the Divjsion hall attempt to in luce the 

breach of an exi ting contract b tween a competitor and hi employee 

or customer or source of supply; nor shall any member interfere with 

or obstruct the performance of . u,,h contractual duties or services. 

RULE 11. No l\fember of the Division . hall pay any bonus or allow 

a.ny empl0yee or representatiYe to pay any bonu, to any sale per. on 

or other employee o.f another member, for the pnrpose of inducing 

such salesperson or other employee to leave the employ of any member and enter that f the member offering or paying such bonus. 

RULE 12. No :Member of the Division shall ~ecnre ac;ents or prospective agents by m ·sleading or di honest promises or guarantees 

or failure to explain in advance the condition.s under which the 

guarantee is to be paid, or entice away the agents of compe itors by 

such means. 

RuLE 13. No lVIember of the Division shall give, permit to be given, 

or offer to give, anything of value for the purpose of influencing or 

rewarding the action of any employee, agent or representative of 

another in relation to the business of the employer of such employee, 

the principal of such agent, or the represented party, without the 

knowledge -of such employer, principal, or party. This provision 

shall not be construed to prohibit free and general di,stribution of 

articles commonly u ·ed for advertising except so far a such articles 

are actually used for co1nmercial bribery as hereinabove defined. 

RuLE 14. No Member of the Di vision shall represent books that 

are bound in substitutes for leather as being bound in leva.nt, or in 

any way which tends to carry the inference that leather binding.s are 

llsed. 

RuLE 15. Jo 1fember of the Divi ion shall sell simultaneously the 

same or e. entially the same, set of books under different titles, or 

under any title that misleads as to content, or that tends to confuse 

with some previou,sly published work. 

RuLE 16. No l\1ember of the Division shall use the so-called 

"raised" contract by marking up the price of books, or represent 

that the price asketl is below the usual price, or that the price will be 

increa. eel, when such is not the fact. 

R LE 17. No Member of the Division shall offer an extension, a 

revision or a continuation ser, ice, where the contract made with the 

purchaser does not state precisely what the service is; and no l\1ember of the Division shall fail to furnish such service to subscribers as 

promised without additional cost to the subscribers, unle s such 

additional co t i stated in the contract. 

RuLE 18. No 1\1:ember of the Division shall advertise or r epresent 

to purchasers or prospective purchasers of any book or set of books, 

that they are only buying or paying for the supplements or services, 

or that purchasers are only buying or paying for services to be 

rendered by a research or other bureau, when such is not a fact. 
76 

RuLE 19. No ~1embcr of the Division shall represent that a certain 

number of books have been set aside for advertising purpoc,es to be 

given free, when such is not a fact; and no ~1ember of the Division 

shall represent that a certain number of selected persons in each 

community have been designated by a member of the division to 

secure a book or set of books or any form of service free, when such 

is not a fact. 

RuLE 20. No lVIemb2r of the Divi ·ion shall offer membership in 

societies, clubs, and other organizations which in fact do not exist, 

in connection with the sale of books; and where a service devoted to 

the answering of inquiries is offered, no Member of the Division 

shall represent it us a -:crvice offered by some organization separate 

and apart from the concern selling books, when such organization 

does not e:s:ist in fact, and/ or actually does not render such service; 

and no :Member of the Division shall use the names of well-known 

authors, editors or authorities in connection with such offers where 

~uch. rersons do not actually answer or supervise the answering of 

1nqmnes. 

RULE 21. No :Member of the Division shall allow any salesperson to 

represent to any buyer, or prospective buyer, that the books offered 

by such salesperson are a specific profe sional help, published especially for t~achers, or especially for any profession, or that the con- tents of such books deal mainly, or in any major part, with the 

technique or practice of any profession as distinguished from the 

subject matter taught, when such is not the fact. RULE 22. No :Member of the Division shall directly or indirectly 

make contribution to, or become a member of any public or quasipublic organization whose functions, or the functions of any sub- division thereof, include the purchase or the recommendation for 

purchase of the publications of any of the Members of the Division. 

RULE 23. No :Member of this Division or his employee or representative shall directly or indirectly pay any compensation, bonus, 

or commission, or make any gift to any librarian, teacher, school 

official, government or officer of a Parent-Teachers Association, or to 

any employee or a library, school, political subdivision, or governmental department, or to any person, for the purpose of securing 

recommendations and/ or influencing sales; provided, however, that 

thi rule shall not be construed to mean that any member of the 

division shall be prevented from employing the classes of persons 

mentioned herein when such employment is for full time during their 

vacation periods, nor shall it prevent the employment of such 

persons a bona fide contributors or editors. 

RuLE 24. Members of the Division who may at any time offer for 

sale any trade books as defined in Section 3 of Article I of this Code 

Ehall be bound as to the sale of such trade books by the provisions, 

other than administrative provisions, of the Code for Retail Book- sellers as approved April 13, 1934; provided, however, that this rule 

shall bind the members of the division only within the limits of the 

definition of trade books as contained in Section 3 of Article I. 

RuLE 25. No Member of the Division shall use any advertising 

and/ or selling methods -n~hich tend to deceive or mislead the 

prospective purchaser. 
DIVISIONAL CODE G 

TRADE BOOK PUBLISHING DIVISION 

To effectuate the policies of Title I o_f the National Industrial 

Recovery Act, this Divisional Code is established as a Supplemental 

Code of Fair Competition for the Trade Book Publishing Division 

of the Book Publishing Industry, pursuant to the provisions of the 

Basic Code of Fair Competition for the said Book Publishing Industry, approved by the President of the United States on October 

1, 1934. All provisions of the said Basic Code which are not in 

conflict with the provisions of this Divisional Code are hereby specifically incorporated by reference in this Divisional Code and made 

part hereof. Such provisions of the Basic Code with the supplementing provisions of this Code are the standards of fair competition for, 

and are binding upon every member of the said Trade Book Publishing Division of the Book Publishing Industry. 

ARTICLE I-DEFINITIONS 

SECTION 1. The term "Trade Book Publishing Division" as used 

herein includes the publication and sale of, the business of contracting with authors for, acquiring copyrights of, and contracting for 

the printing and binding of trade books, by those who distribute 

trade books predominantly to wholesale and retail outlets. 

SECTION 2. The term " Trade Books " as used herein, includes all 

books sold primarily at retail, with the exception of books included 

in other divisions of the Basic Code. 

SECTION 3. The term "Division" as used herein, shall include all 

members of the Division. 

SECTION 4. The term " Dealer " as used herein, means any person, 

firm, association, or corporation, doing business at wholesale or 

retail, whether or not controlled by a member of the Division 

through stock ownership or otherwise, to whom or to which a member of the Division furnishes trade books in the course of distribution, for cash, on whole or partial credit, on consignment, or on any 

other arrangement or understanding. 

SECTION 5. The term " Wholesaler " as used herein, means a dealer 

who maintains a regular warehouse, carrying a general stock o-f 

books in sufficient volume to give general wholesale service to the 

retail trade. 

SECTION 6. The term "Publication Date" as used herein, means 

the date of the formal release of a book by its publisher for resale by 

the retail trade. 

SECTION 7. The term "Format" as used herein, means (a) the 

size or shape of the page of a book; and/ or (b) the color and pattern of the cloth used in the binding; and/or the stamping on the 

cover of a book. 

(77) 
78 

ARTICLE II-ADl\fINISTRATIVE PROVISIONS 

SECTION 1. A Code Authority is hereby established £or the Trade 

Book Publishing Division, consisting of nine persons to be elected 

by members of the Division by ballot ( cast by registered mail or by 

proxy) from among the personnel of such members. 

The sponsors of this Code, representing the majority of the members of the Division, shall be known as the Division's Temporary 

Code Authority, (T. C. A.) and as such committee shall select a 

nominating committee of. not less than three members, which shall 

cause ballots to be prepared containing the names of twenty nominees, not more than one o-f whom shall be from any one member 0£ 

the Division, including subsidiaries or affiliates thereof, with blank 

spaces for nine additional nominees. Said nominees shall be fairly 

representative of large and small publishers and of other groups in 

the Division. 

The election shall be subject to such rules as the National Industrial Recovery Board may prescribe. One vote for each office may 

be cast by each member of the Division, provided that not less than 

fifteen days' notice of such election shall be given to all known members of the Division; provided further that the majority of the votes 

cast for each office shall represent companies whose total volume of 

trade book sales was more than one-half of the total volume of trade 

book sales of the Division in the calendar year next preceding the 

date of the election. 

The term of office 0£ elected members of the Code Authority 

shall be one year or until their successors are duly elected and 

qualified. 

Subsequent elections shall be conducted in the same manner as 

above outlined, unless the National Industrial Recovery Board, or 

the Code Authority, with the approval of the National Industrial 

Recovery Board, shall decide that some other method is more desirable and effective in giving equal representation on the Code 

Authority to all members of the Division. 

SECTION 2. In addition to membership as above provided, there 

may be one member, without vote, to Le known as the Administration Member, to be appointed by the National Industrial Recovery 

Board to serve for such term as the National Industrial Recovery 

Board may specify, without expense to the Division. 

SECTION 3. The Code Authority shall appoint a subcommittee to 

consist of not less than three or more than five members, to confer 

with a committee selected under the rules to be made by the National 

Industrial Recovery Board, to act on all questions arising under 

this Divisional Code or otherwise, which may affect retail booksellers, and a similar subcommittee to act on all questions arising 

under this Divisional Code or otherwise, which may affect edition 

book manufacturers, and may appoint such other subcommittees as 

it may consider necessary to facilitate the administration of this 

Divisional Code and its relations wjth other individuals, groups, 

entities, or organizations. 
79 

ARTICLE III-TRADE PRACTICE RULES 

RuLE 1. No discounts from list prices shall be allowed on regular 

editions ( whether original, cheaper editions, or reprint) of trade 

books except to the following entities: (a) to wholesalers; (b) to 

retailers carrying a general stock of books; ( c) to rental libraries; 

( d) to authors, underwriters and/or financial sponsors of their own 

books1 and to publishing houses and/or their employees, but in no 

case tor resale; ( e) to book-clubs, state reading circles and subscription and mail order houses, for resale purposes only; (f) to 

public libraries, schools and school libraries, colleges and college 

libraries, church libraries, charitable organizations, and other public 

agencies for institutional and/or institutional library purposes only. 

Special editions, except as provided in Rules 7 and 8, shall be 

in a different format from regular trade edition, and shall not be 

sold in the wholesale and/or retail book trade. 

Special editions shall not be deemed to include bona fide de luxe 

limited editions. 

RULE 2. Without special written permission of the Code Authority or of some agency duly designated for such purpose by it, no 

cheaper edition than the original regular trade €dition of any copyright non-fiction book may be issued until one year after its publication date in the United States, nor may a popular reprint thereof, 

to retail at one dollar or less, be issued until two years or more after 

date of its original publication without such permission. 

RuLE 3. A cheaper edition than the original regular trade edition 

of a copyright both of fiction or a popular reprint thereof, may not 

be issued until one year after the original publication date. 

RuLE 4. In all cases cheaper editions of copyright books, re.tailing at one dollar or less, shall state plainly on the front or front 

fl.a p of the jacket that the reduction in price has been possible by 

(a) the use of plates made for an original edition at least ---

years ago and/or (b) the acceptance by the author of a reduced 

royalty or some similar brief statement of fact approved by the 

Code Authority. 

RULE 5. Any edition of a book included under Rules 2 and 3 of 

this Article which is to be reproduced in motion pictures or as a 

stage play before the lapse of time specified in said subheads, respectively, may be issued by the publisher (who may also lease plates 

to others for this purpose) if clearly marked "photoplay edition" 

or "dramatic edition"; provided; however, that in such cases complete credit or allowance shall be made to dealers, wholesale and/or 

retail, on such stock of the original edition as they may then have 

on hand. 

RuLE 6. Within two years of the publication date in the United 

States, no book shall be sold as a premium to any newspaper or 

periodical if the price of the combination offer is less than one and a 

half times the list price of the book. No book shall be sold as a 

premium, whether given before the consummation of a subscription 

or afterwards, to anyone within two years of the publication date 

in the United States unless it shall be in a format readily distinguishable, as to the binding and jacket, from the regular trade edition 

and without price on the wrapper or in the book. 
80 

Any book given before the consummation of a subscription or 

afterwards, ,in the form of a so-called "book dividend" shall be 

considered to be a premium. 

RUI.E 7. Nothing in this Article shall be deemed to prevent a publisher from making available an educational edition in the same 

format as a trade book at a list price not lower than seventy-five 

percent (75%) of the list price of the regular trade edition. 

Rm..E 8. Where trade books are sold within one year from first 

publication in the United States in special editions to bona fide book 

clubs for distribution through subscription, or where plates are 

leased to them for the making and issuance of special editions and 

their distribution through subscription, such sale or lease shall be 

made only when subject to the written conditions: First, that such 

special edition will, in turn, be issued or distributed only to consumers who will bind themselves in writing to subscribe to a series 

of selections made monthly or at other regular stated periods; second, 

that in advertising such special editions in newspapers and/ or periodicals of general circulation, or otherwise to the general public, 

comparisons with the price of the regular edition of the same title 

shall not be made during the first six months after the date of original publication, or if published before July 1 of any year, until 

January 1 of the following year. 

RuLE 9. No overstock shall be sold as a remainder by the publisher 

until such stock shall have been on sale for two Christmas seasons, if 

it be fiction, or for two years after publication, if it be nonfiction; 

provided, that in case a bona fide cheaper edition has been issued, 

remainders of neither the original edition nor the cheaper edition 

shall be sold until two years after the issue of the cheaper edition ; 

and provided further, that no rebates shall be made to a dealer, or 

any consideration be granted that would permit any such book to be 

remaindered within the above periods. All books sold as remainders 

shall (a) either state plainly on the front of the jacket that the book 

is sold at a reduced price because it is a remainder, or (b) shall not be 

sold with, or the purchaser be furnished with, a printed jacket or 

wrapper. 

RuLE 10. No remainder of any book originally published or copyrighted in the United Stat.es prior to the effective date of this Divisional Code shall be sold at less than fifteen percent ( 15 % ) of the 

publisher's original list price, nor shall a remainder of any book 

originally published or copyrighted in the United States subsequent 

to the effective date of this Divisional Code be sold at less than 

twenty percent (20% ) of the publisher's original list price, except 

that sales at prices below the above limits may be made to a reprint 

house which is bringing out a bona fide cheap edition of said book at 

not less than seventy-five cents (75¢) a copy, and which shall not 

put such remainder on sale to the public earlier than the agreed date 

for issuing the bona fide reprint edition; provided, that where there 

shall be published a bona fide edition at a reduced price the minimum 

r emaindering price, as limited by such percentages, shall be in relation to the price of the cheaper edition. 

RUI.E 11. Rules 9 and 10 shall not apply to any imported noncopyrighted books. 
81 

RULE 12. No member of the Division shall, with intent to deceive, 

reproduce in facsimile or imitate, or deliberately employ the format 

or design of a book already on the list of another publisher. 

RULE 13. No member of the Division shall place or obtain advertising or publicity which intentionally misstates or distorts material 

facts. 

RULE 14. No member of the Division shall place or obtain advertising or publicity which shall defame a competitor by falsely disparaging his product or method of doing business. 

RuLE 15. No member of the Division shall place or obtain advertising or publicity in newspapers and/or periodicals of general circulation, or otherwise advertise to the general public any statement 

which makes, or which suggests, comparison between the prices of 

reprints or other special editions and regular trade editions of any 

one particular book, during the first six months after the date of 

original publication, or if published before July 1st of any year, until 

January 1st o:f the following year. 

This rule applies to all trade book publishing individuals, partneri::hips, associations, corporations, or any other form of enterprise 

engaged therein directly or indirectly, and includes any subsidiary 

enterprise except retail bookstores owned or controlled in whole or in 

part by any member of the Division, whether the form of said ownership or control be through holding companies, stock ownership or 

otherwise whatsoever. 

RULE 16. No member of the Division shall have books especially 

printed, or lease out plates, or grant other rights for reproduction of 

books, where the purpose thereof is the disposal of such books as 

so-called remainders. 

RULE 17. No member of the Division shall secretly offer or make 

any payment or allowance of a rebate, refund, commission, credit1 unearned discount, or excess allowance, whether in the form ot 

1noney or otherwise for the purpose of influencing a sale; or off er or 

extend to any customer any special service or privilege not extended 

to all customers of the same class; or perform any act of unfair 

discrimination in effecting sales or conducting business with his 

customers. 

RULE 18. Concurrently with the provisions of Section 3 (a) of the 

Retail Booksellers Division of the Retail Code, no member of the 

Division shall fail to state, publish, establish and announce on the 

wrapper, and to quote upon application, the "list", i.e. "published " 

price of any book available for sale, except special editions. 

RULE 19. No member of the Division shall intentionally fail to 

state on publisher's invoice and/or original bill the date of publication or release for sale of any forthcoming book. 

RULE 20. No member of the Division shall publish advertising 

(whether printed, radio, display, or of any other nature) or other 

representation which is misleading or inaccurate in any material 

particular; nor shall any member in any way misrepresent any commodity (including but without limitation, its use, grade, quality, 

origin, size, finish, material, content, or preparation) or credit terms, 

values, policies, services, or the nature or form of the business 

conducted. 
82 

RuLE 21. No member of the Division shall use advertising or selling methods or credit terms which might reasonably be construed to 

have the capacity or tendency to deceive or mislead the customer or 

prospective customer. 

RULE 22. o member of the Division shall knowingly withhold 

from any quotation or invoice any statement that makes it inaccurate in any material particular, or knowingly insert in any quotation or invoice any statement that makes it inaccurate in any material particular. 

RULE 23. No memb 0 r of the Division shall defame a competitor by 

falsely imputing to him dishonorable conduct, inability to perform 

contracts, questionable credit standing, or by other false representation, or by fal ely disparagjng the grade or quality of his goods. 

RULE 24. No member of the Division shall publish or circularize 

unjustified or unwarranted threats of legal proceedings which tend 

to or have the effect of harassing competitors or intimidating their 

customers. 

RULE 25. No member of the Division shall give, permit to be given, 

or offer to give, anything of value for the purpose of influencing or 

rewarding the action of any employee, agent, or representative of 

another in relation to the business of the employer of each employee, 

the principal of such agent or the represented party, without the 

knowledge of such employer, principal, or party. This provision 

shall not be construed to prohibit free and general distribution of 

articles commonly used for advertising except so far as such ar£icles 

are actually used for commercial bribery, as hereinabove defined. 

Rm,E 26. No member of the Division shall wilfully induce or attempt to induce the breach of existing contracts between competitors 

and their customers by any false or deceptive means, or interfere 

with or obstruct the performance of any such contractual duties or 

services by any such means, with the purpose and effect of hampering, injuring or embarrassing competitors in their business. 

RuLE 27. o member of the Division shall violate any provisions 

governing piracy of samples and designs which may be adopted by 

the Code Authority, but all such provisions shall be subject to the 

anproval of the National Industrial Recovery Board . .L RULE 28. No member of the Division shall remainder any title, 

either in whole or in part, without immediately notifying in writing the Code Authority to that effect; but this provision shall not 

be construed to obligate any member of the Division to give any 

credit for, refund, or rebate on, or to accept return of any copies 

of such title which any retail bookseller may have in stock. 

RULE 29. No member of the Division shall sell books to any retail 

bookseller who knowingly fails to maintain the publication date of 

any book. 

RULE 30. No member of the Division shall knowingly permit the 

reproduction of any copyrighted material, except as already allowed 

by law, in mimeograph, or multigraph form except for bona fide 

publicity purposes, and/ or knowingly permit the use of any copyrighted material, except as already allowed by law, in any other 

form, except for bona fide publicity purposes, without making reasonable and adequate charge therefor. 
83 

RULE 31. No member of the Division shall publish in English any 

book, whether imported or not, under a substantially different title 

from that under which the book shall have been previously published 

in English in any periodical, newspaper serial, or other :form whatsoever :for sale, irrespective o:f where previously published, unless a 

notice o:f the previously used title or titles shall be printed in not 

smaller than twelve-point type on the :front flap of the jacket and 

the copyright page o:f the book. 

RuLE 32. "\Vhenever a member of the Division publishes in book 

form a manuscript which has prev-iously appeared in a magazine or 

otherwise, either complete or substantially complete, in fewer than 

three serial parts, said member of the Divi ion must print in boldface type in not less than 18-point on the front of the jacket and in 

not less than 10-point type on the copyright page, the fact of such 

prior publication in less than three issues1 and the title under which 

1t was previously published, if different trom the book title. 

RuLE 33. No member of the Division shall use any subterfuge to 

evade or frustrate the intent and/ or spirit o:f this code. 

0 
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