Letter

CO-2241 University of Chicago Press; Hemens, Rollin D. [Carta] 1940 Aug. 1, Chicago, IL [para] Candido Portinari; Josias Leão, Chicago, IL. 2 p. [inglês][datilografado] Dear Mr. Portinari: We enjoy working with Mr. Josias Leao in planning publication of one hundred reproductions of your works with an introduction by Mr. Rockwell Kent. As Mr. Leao has told you, eight of the reproductions will be in beautiful full color and the balance in black and white. The book will be an attractive volume about 8-3/4 x 11-1/4 inches, bound in blue cloth. Plans are now nearing completion and the funds have been raised sufficient to pay the cost, and we are ready to start work as soon as we have a definite statement of your permission and permission from purchasers of your paintings who may own rights to reproduce them. We have drafted a contract proposal and are inclosing it for your consideration and acceptance. The Schedule “A” which is attached to the contract is a complete list of the paintings which we propose to reproduce in the volume whether in color or in black and white. We have not made the list referred to as Schedule “B” in clauses (2) and (8) of the contract. This you will have to make for we have no information regarding the titles which have been sold, the reproduction rights for which were not reserved by you and are owned by someone else. We think it necessary that we have a definite statement from the person owning the reproduction rights to each painting. This is for your protection as well as ours and is required in order to avoid any unpleasant incidents and possible claims and litigation which might arise should the matter not be fully cleared in advance. We are securing permission from Messrs. Leao and Kent, the Museum of Modern Art, and Madame Rubinstein. Your acceptance and return of the signed contract with the Schedule “B” is all that is necessary for you to give us permission in so far s you own the publishing rights. In order that publication may proceed with the least possible delay, we are asking that you secure permissions from residents of South America who own such rights to paintings in the list. A supply of forms ready for their signatures enclosed. I am summarizing the information which our attorneys have given us regarding copyright. This may be helpful to you in determining whether you own reproduction rights of the paintings or whether they are owned by the people to whom you have sold them: The artist as the creator of a painting owns the right to its reproduction in book form or otherwise unless he has parted with that right. He may part with such right in any of several ways: (1) By a sale of the painting without reserving the right to reproduction, (2) by a publication of the painting without securing copyright, (In other words, if any of these paintings have been previously published and the owners of the publishing rights did not copyright them, the right to reproduction becomes public property.) (3) by assignment to another of copyright previously taken out, which action deprives former owner of further reproduction rights. It is our understanding that under the terms of the Inter-American Convention of 1910, to which Brazil and the United States and certain other South and Central America countries are parties, a copyright issued by any member country is recognized by other member countries of the Convention. Clause (5) of the contract provides for the payment of royalty after the sale of 2,500 copies of any one edition. An edition is defined as printings without revisions of the major portion of the plates. I say this because editions are sometimes taken to mean each new printing of a book regardless of whether there are any changes in the contents. I should explain further that we are making an original printing of less than this number (2,500), and it may be that the sale may never be large enough to give you a royalty return. In order to get the widest possible distribution, Mr. Leao and I thought that the book should be priced as low as possible - $7.50 a copy – in relation to our costs of production (which are high in comparison with similar costs in Brazil). It is thought that after enough copies have been sold to return our entire investment, it was fair to pay a royalty to you. This accounts for the statement of the royalty clause as it appears. We are doing everything possible here to produce the book and have it on sale at an early date. We want to take advantage of the exhibits at New York and San Francisco fairs and of the exhibit at the Detroit Art Institute. There are, however, some things which we cannot do until the agreement has been signed and the matter of consents to publish fully taken care of. It is to the advantage of the project therefore that you get the signed contract with the Schedule “B” (which you should draw in duplicate, keeping one copy for your records), and such supplementary consents as may be required, to us at as early a date as possible. In working on the book, we find an ever-increasing interest in your painting. It is therefore with considerable pleasure that we look forward to publishing this book soon. Sincerely yours, THE UNIVERSITY OF CHICAGO PRESS Rollin D. Hemens 2