DRAMATIC CONTRACT

SUBJECT TO THE MINIMUM BASIC AGREEMENT.

(Note: This contract is a short form which Author and Managers may find convenient to use. It contains matters subject to individual agreement. But the terms and conditions in any Author's contract must be at least those contained in the Minimum Basic Agreement. See Paragraph Fourth thereof.)

THIS AGREEMENT, made and entered into this Ninth day of January
1928, by and between CROSBY GAIGE
of the City of New York party of the first part, hereinafter referred
to as the "Manager," and William Jourdan Rapp and Wallace Thurman
of the same place, party of the second part, hereinafter re-
ferred to as the "Author;"

WITNESSETH:

WHEREAS, the Author is the Author and/or Proprietor of a certain play or dramatic composition provisionally entitled BLACK MECCA ; and

WHEREAS, the said Manager has signed the Minimum Basic Agreement and is in good standing with The Dramatists Guild of The Authors' League of America, Inc., of which Guild the Author is a member; and

WHEREAS, the Manager desires to obtain an exclusive lease to produce and present the said play in the United States of America and the Dominion of Canada, as provided for in said Minimum Basic Agreement, and the Author wishes to grant such lease;

NOW, THEREFORE, in consideration of the premises and the sum of One Dollar and other good and valuable considerations, the receipt whereof is hereby acknowledged, it is mutually agreed as follows:

FIRST: The Author hereby warrants that he is the Author and/or proprietor of said play and has a right to execute this lease.

SECOND: The Author hereby leases to the Manager the sole and exclusive right of presentation on the regular speaking stage in the United States of America and Dominion of Canada of the play now entitled on the covenants and conditions stated herein, and the Minimum Basic Agreement between The Dramatists' Guild of The Authors' League of America, Inc., and the Manager, which is made a part hereof, and which shall constitute the agreement as to all terms and/or conditions not specifically referred to herein. Where no specific period of time or percentage of interest is referred to herein, it is agreed that the Author is entitled to the minimum terms that are provided for in the said Minimum Basic Agreement.

THIRD: The Manager agrees to produce the play on or before the First day of November, 1928.

(Note: If no time is specified, the period shall be within six months from the date of the contract, not including June, July and August.)

FOURTH: The Manager agrees, upon the signing of this contract, to pay to the Author Five Hundred Dollars ($500.00), the receipt of which sum is hereby acknowledged as an advance upon royalties accruing as pro-

vided herein. In the event the Manager wishes to extend the date of production, a further sum as advance royalties shall be paid amounting to Five Hundred Dollars ($ 500.00 ).

Advance royalties on British option, if exercised under Section Twelfth-G of the Minimum Basic Agreement shall be Five Hundred Dollars ($ 500.00 ).

Advance royalties on options for all other foreign rights as provided in Section Twelfth-G of the Minimum Basic Agreement shall be Five Hundred Dollars ($ 500.00 ).

(Note: The amount of advance royalties in each case is subject to agreement, but the amounts for extensions and for option on British rights and for option on foreign rights shall not be less than the original advance.)

FIFTH: Royalties shall be on the following percentage basis:

FivePercent ( 5 %) on the first Five thousand dollars ($ 5000.00 ) of gross weekly box-office receipts; Seven and one-half

Percent ( 7 1/2 %) on the next Three Thousand dollars ($ 3000.00 ) of gross weekly box-office receipts;

Percent (XXXXXXXX%) on the next thousand dollars of ($XXXXXXXX) of gross weekly box-office receipts; and

Ten Percent ( 10 %) of all gross box-office receipts in excess of Eight thousand dollars ($ 8000.00 ).

SIXTH: All net profits, royalties and/or sums received from the following, in the event the Manager becomes entitled to a share therein as provided in Section Twelfth (Conditions) of the Minimum Basic Agreement, and so long as he is entitled thereto, shall be divided so that the Manager shall receive the following percentage:

<table><tr><td>Stock and Superstock rights</td><td>Fifty</td><td>Percent ( 50 %).</td></tr><tr><td>Radio rights</td><td>"</td><td>Percent ( 50 %).</td></tr><tr><td>Little Theatres, Chautauqua, Repertoire Productions and Tent Shows</td><td>"</td><td>Percent ( 50 %).</td></tr><tr><td>Amateur rights</td><td>"</td><td>Percent ( 50 %).</td></tr><tr><td>Foreign language rights in the United States</td><td>"</td><td>Percent ( 50 %).</td></tr><tr><td>Condensed and Tabloid Versions, Adaptions, etc.</td><td>"</td><td>Percent ( 50 %).</td></tr><tr><td>Motion picture rights</td><td>"</td><td>Percent ( 50 %).</td></tr></table>

In the event that the Manager shall produce under his own direction in foreign countries, the stipulated royalties shall be payable. In the event he shall not so produce, the Manager shall be entitled to receive the following:

Little Theatres, Chautauqua, Repertoire Productions and Tent Shows " Percent ( 50 %).

Amateur rights " Percent ( 50 %).

Foreign language rights in the United States " Percent ( 50 %).

Condensed and Tabloid Versions, Adaptions, etc. " Percent ( 50 %).

Motion picture rights " Percent ( 50 %).

Australian, New Zealand and/or South African rights

(See Section Twelfth-D of Minimum Basic Agreement) Fifty Percent ( 50 %).

British rights

Matter covered by Section Twelfth-G.

Rights in Foreign Countries

(See Section Twelfth-G)

" Percent ( 50 %).

(Notes: The percentages referred to in this Paragraph are subject to agreement but in no event may the Manager receive more than Fifty per cent. (50%). See Paragraph Twelfth of the Minimum Basic Agreement. If blanks are not filled in, it is intended that Fifty per cent. (50%) shall be the amount stipulated.)

SEVENTH: Special arrangements.

(Note: If the parties wish to make special arrangements permitted by the Minimum Basic Agreement, they should be stated here.)

EIGHTH: This agreement is binding upon the parties hereto and their respective successors in interest.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written.

Witness:

Manager.

Witness:

Author.

Copy of
*MINIMUM BASIC AGREEMENT

Between

THE DRAMATISTS' GUILD of
THE AUTHORS' LEAGUE OF AMERICA, INC.

and

THE MANAGER

*(This agreement is printed here as information and is not to be filled in.)*

AGREEMENT, entered into the ______ day of ______ by and between ______ party of the first part, of ______ hereinafter referred to as the "Manager," and the DRAMATISTS' GUILD OF THE AUTHORS' LEAGUE OF AMERICA, INC., party of the second part, hereinafter referred to as the "Guild," acting by and on behalf of itself and all of its present and future members, who are termed "Members" or "Authors" herein;

WHEREAS, the Guild is an association composed of authors, playwrights, writers and composers, the members having in many respects the same substantial interests in their dealings with Managers; and

WHEREAS, it is desirable from the point of view of their individual interests and for the benefit of the theatre that they associate themselves together and enter into an agreement with Managers; and

WHEREAS, the parties hereto are desirous of establishing minimum terms and conditions upon which their respective interests may be safeguarded; and

WHEREAS, the Manager desires to obtain from members of the Guild the rights hereinafter defined and the said members are willing to grant said rights on the conditions stated;

NOW, THEREFORE, in consideration of the premises and the sum of One Dollar, lawful money of the United States of America, by each of the parties hereto to the other in hand paid, the receipt whereof is hereby acknowledged, it is hereby agreed as follows:

(The term "agreement" when used herein, refers to this basic agreement. The term "contract" refers to the individual contract made by the Author with the Manager. The term "play" is used generically, to include any and all writings, music, score, and/or all stage compositions. The term "Author" is used generically, to include playwrights, authors, writers or composers, and the singular is intended to include all authors if more than one. The term Great Britain designates England, Scotland, Ireland and Wales and rights therein are referred to as British rights. The numbered Paragraphs are designated as "Sections.")

First —
Right to
Contract

The Manager agrees to make no contract concerning any play or dramatico-musical composition, for the United States of America and Canada, without the consent of the Council of the Guild, with any playwright, author, writer or composer who is not a member in good standing of the Guild. The Manager shall be entitled at all times to be informed of the names of members of the Guild in good standing.

The Guild agrees that no member thereof shall have the right to make any contract concerning any play or dramatico-musical composition, for the United States of America and Canada, without the consent of the Council of the Guild, with any Manager who shall not sign this basic agreement or who, by reason of failure to observe the same, shall not be in good standing with the Guild. The "standing" of the Manager shall be determined as hereinafter provided.

Managers who sign this basic agreement shall be in good standing with the Guild. Their names shall be filed with the Secretary and the members shall receive notice thereof. Members shall further receive notice if and when any such Manager shall cease to be in good standing.

The foregoing is subject to the following exceptions: The Manager may contract with the following who are not members of the Guild: (a) Foreign authors writing in a foreign language and not resident in the United States; (b) Translators of foreign plays, provided that the version produced or presented by the Manager in the U.S. and/or Canada, is by a member of the Guild; (c) Adaptors other than those residing in Great Britain and/or the United States and/or Canada, providing that the adaptation concerns a play originally written in a foreign language and provided further, that wherever foreign language plays are acquired by a Manager and arrangements are made for adaptation with

*Copyright, 1926, by the Authors' League of America, Inc.

It is agreed that if the said play shall be performed by more than one company, each company shall be considered as a separate undertaking and the royalties accruing from each company shall be computed and paid separately according to the provisions set forth.

In computing royalties, the week shall end with the Saturday night performance and the Manager agrees to pay or mail to the author the amount due for royalties within ten (10) days thereafter, whenever the play is being presented in the United States of America or the Dominion of Canada; within thirty (30) days thereafter whenever the play is being presented in Great Britain, and within a reasonable time whenever the play is being presented in foreign countries.

If the said play is produced in repertoire, it is agreed that royalties shall be reckoned in groups of eight performances, such eight performances to constitute a week for the purposes of this agreement. Should the total performances given be less than eight (8), payment shall be made within fifteen (15) days from the last performance. For the purpose of computation and payment of royalties, the last performance shall be considered to have been made should the said play not be performed during any one calendar week.

Any portion of gross receipts due the Author for royalties, if not paid immediately on the receipt thereof by the Manager, shall belong to the Author and shall be held in trust for the Author until payment; and the ownership of said trust fund by the Author shall not be questioned whether the moneys are physically segregated or not.

In the event that the amount due is not paid in full within the above time, or rentals are not paid as due, then all rights granted to the Manager shall, at the option of the Author, be subject to immediate termination on written notice by the Author. The Author shall also have the right to make written complaint to the Council of the Guild, of which complaint the Guild shall notify the Manager. In the event that the Author shall make complaint on three occasions during the presentation of any play (not necessarily consecutive or with reference to any one default in payment), then the Guild shall have the right to prefer charges against the Manager before an Arbitration Committee as provided for in Section Twenty-first herein, and if the Manager shall be found guilty of having failed to pay royalties or rentals when due, then the Council shall, in its discretion, declare him in bad standing with the Guild.

In the event that the amount due is in dispute, then the Manager shall, prior to arbitration, pay to the Author the amount admittedly due.

### Sixth—Accountings

Box-office statements of any and all performances shall be signed by the Treasurer or Treasurers of the theatre in which any and all such representations, exhibitions, performances or productions are given, and countersigned by the Manager or his duly authorized representative, and shall be sent to the Author daily unless he shall otherwise instruct the Manager.

The Guild shall have the right at any time in its discretion to verify and authenticate any and all box-office receipts.

### Seventh—Name of Author

The Manager agrees to announce the name of the Author as sole Author of said play in all advertising matter in which the name of the Manager appears, except where the Manager shall announce his plays in a box of three or more and no Author's name is mentioned. If any Author's name is mentioned, then all Authors' names must be mentioned.

### Eighth—Alterations in Play

The Manager agrees to produce and present the play without any additions, omissions, or any alterations whatsoever except such as may be specifically authorized by the Author, or, if more than one, by all, provided, however, that in regard to musical comedies, such consent shall not be unreasonably withheld. The Author shall make no changes, omissions or alterations in the manuscript of a play contracted for production without the consent of the Manager. Any change of any kind whatsoever in the manuscript, stage business or performance of the play at any time shall be the exclusive property of the Author, without payment to any one suggesting same, unless otherwise stipulated in writing by the Author, and any part omitted from the play shall belong to the Author.

In the event that a Manager feels that an Author is unreasonable in refusing to make changes, he may complain to the Guild, in which event the Council of the Guild agrees to appoint a representative or representatives of standing to advise in the matter and to lend its best efforts to cause the Author to make changes if, in the opinion of the Council or its representative, the Manager is right; provided, however, that it is understood that the Council has no power to compel any Author to make any changes whatsoever.

With respect to revues, the Author and the Manager agree that the Manager may make alterations and additions therein as in the Manager's opinion may be necessary. Such additions shall not belong to the Author unless made by him.

### Ninth—Rehearsals and Cast

The Manager agrees to produce and present the play with a cast approved by the Author, such approval not to be unreasonably withheld. The Author shall be notified of rehearsal and shall have the right to attend any and all rehearsals of the said play.

same has ceased to be presented as a road attraction as the term is understood theatrically. For the purposes of this agreement, the road attraction shall be considered to have ceased at the time the play is definitely withdrawn from the road. It is understood, however, that unless the Manager presents the play for a consecutive run of at least two weeks in the six months succeeding the previous closing of the play, it is his intention not to produce the play that season, in which case the stock rights shall be released forthwith; provided, however, that the Manager may, in lieu of producing the play for two consecutive weeks following the close of the initial production, pay to the Author the sum of One thousand dollars ($1,000), (such sum to be paid at least fourteen days prior to the end of the said six months), in which event his rights shall continue in the same manner as though he had produced the play within the said period for two consecutive weeks.

The Manager shall retain his interest in the stock rights for a period of three years from the date of release for stock. If the play shall not be presented in stock for seventy-five times during the said third year, then all stock rights shall revert to the Author. If the play shall have been presented in stock for seventy-five performances in the said third year, then the Manager shall retain and continue to retain his interest in stock rights until the end of any year in which the play shall not have been produced seventy-five times.

(2) In any stock and/or superstock release where the Author receives less than the stipulated royalty, he and the Manager shall divide equally whatever is received by either from said release, whether the same is by way of royalty, bonus, share in profits or any other way.

(3) Stock or superstock try-outs of plays may be the subject of special agreement between the Author and Manager, but the Manager shall not be entitled to receive through any such arrangement a greater interest in the play when regularly produced than is permitted by the terms of this agreement. Such stock try-outs shall not be included or counted in the seventy-five performances referred to in Sections Eleventh and Twelfth hereof.

## B. RADIO RIGHTS.

In the event stated in the conditions of this Section Twelfth, it is agreed that all net profits, royalties and/or sums derived from lease, sale or other disposition of radio rights shall be divided as agreed upon but in no event shall the Manager receive more than fifty percent (50%) thereof. Such radio rights shall not be released, except by mutual consent, until the termination of the Manager's interest in stock rights, at which time they shall be released on the demand of either party. The Manager shall retain his interest in such radio rights for one year after his interest in stock rights terminates.

It is understood that nothing contained in this sub-division shall prevent the Author from making use during said year of any other rights that shall have reverted to him.

## C. LITTLE THEATRES, AMATEUR RIGHTS, Etc.

In the event stated in the conditions of this Section Twelfth, all net royalties and/or any other moneys derived from performances of the play in any so-called Little Theatres, and from Amateur, Chautauqua and Repertoire productions, and Tent Shows, shall be divided as agreed upon, but the Manager shall in no event receive more than fifty percent (50%) thereof. Such productions shall not be included or counted in the seventy-five performances referred to in Sections Eleventh and Twelfth hereof.

Releases under the above shall be subject to mutual agreement.

Such rights shall revert to the Author when the Manager's interest in stock rights shall terminate.

## D. AUSTRALIAN AND OTHER RIGHTS.

In the event stated in the conditions of this Section Twelfth, it is agreed that all net profits, royalties and/or sums derived from Australian, New Zealand and/or South African rights shall be divided as shall be agreed upon, but the Manager in no event shall receive more than fifty percent (50%) thereof. Contracts are to be signed by both parties, provided, however, that the Manager may himself produce the play in the above territory, in which event the agreed royalties shall be payable.

Such rights if not theretofore disposed of shall revert to the Author when the Manager's interest in stock rights shall terminate, unless there is then an outstanding contract covering production, in which event the rights revert to the Author on the termination of such contract.

## E. FOREIGN LANGUAGE RIGHTS IN THE UNITED STATES, ADAPTATIONS, Etc.

In the event stated in the conditions of this Section Twelfth, all profits, royalties and/or sums derived from the play if adapted for a musical performance, from condensed and tabloid versions, from Yiddish or from any other foreign language rights for performances of versions of the said play in the United States and Canada shall be divided as agreed upon, but in no event shall the Author receive less than half the royalties, advance

the members of the Board of Arbitration shall not be necessary unless specifically re-
quested by one of the parties.

Twenty-second—
Legal
Disability

If it shall hereafter appear by court decree that any Sections hereof, or any Section or part thereof, are illegal or against public policy or unenforcible by either of the parties hereto, or if, at any time, either or any of the parties hereto shall be lawfully restrained from enforcing or performing the agreement as contained herein, or any part thereof, then and in that event the agreement shall apply in all the terms hereof except such parts as shall be so found to be illegal or against public policy by court decree.

Twenty-third—
Amendments

This Agreement may be amended or changed at any time with the consent of the Council of the Guild at a special meeting called for the purpose, notice thereof to be given, (but whenever three members of the Council so demand, the question must be submitted to the Guild for its approval), together with the consent of the Managers signatory at the time to this agreement or any copy hereof, which Managers must be in good standing, the consent of the Managers to be given by a two-thirds vote of those present personally or by proxy at a meeting duly called for the purpose, on ten days' notice. In the event that the Guild and the Managers so vote to amend or change this Agreement, all signatories consent to such change or amendment, and the same shall be regarded as a provision of this Agreement.

Twenty-fourth—
Term of
Agreement

This agreement shall continue for a term of five (5) years from February first, 1926, and shall thereafter continue from year to year unless either party shall notify the other of its intent to discontinue the said agreement sixty (60) days before the expiration of the term, or of any subsequent year.

IN WITNESS WHEREOF, this agreement has been signed by the Manager and by the Dramatists' Guild of the Authors' League of America, Inc., through its duly authorized officer, the day and year first above written.

(Signed) THE DRAMATISTS' GUILD
of the AUTHORS' LEAGUE OF AMERICA, INC.

(Signed) THE MANAGER.

Approved by

THE SOCIETY OF AMERICAN
DRAMATISTS AND COMPOSERS.