Page:Copyright, Its History And Its Law (1912).djvu/465

 BUSINESS RELATIONS 433

must, if practicable, rewrite it for additional remune- ration or may reproduce it gratuitously and require publication. Like rights may be enforced by either party in case of destruction for which the other is re- sponsible. Delivery is implied when the publisher is Delivery placed in position to accept the work. If the author dies after delivery of part of his work, the publisher may maintain his rights in the part delivered on specified notice to heirs; and if the author is abso- lutely prevented from completing his work, the pub- lisher has like right to the portion already prepared. The author may withdraw from his contract before reproduction of his work or a new edition is begun, if justified by unforeseen circumstances, on remunera- tion of publisher's expenses ; but if he publishes else- where within a year, he must also pay damages for nonfulfillment of contract to the original publisher, unless the latter has declined to resume the contract.

The relations of a publisher in case of bankruptcy Bankruptcy are specifically treated, and the regulations of the of publisher civil code and general legal principles are specifically applied to cancellation of publishing contracts. On a non-copyright work, an author must not conceal Kon-copy- from the publisher that he cannot transfer exclusive right work right of publication ; but the author must act toward the publisher as though the work were copyrighted, at least until six months after publication

The law is made applicable to articles in period- Articles in icals or portions of collective works. An article in a periodicals newspaper is at the disposal of the author immediately after publication ; an article in other periodicals after one year, unless exclusive continuing right has been sold to the publisher. A publisher is free to make usual alterations in an unsigned article. The author of an article may cancel his contract and obtain re- muneration in case it is not published within a year