Wheeler Syndicate, Inc., v. The Star Company, 231 N. Y. 99, 132 N. E. 907. Certiorari denied 42 Supt. Ct. Rep. 94.

Agreement made............between................of

................hereinafter called the "Syndicate," and....

............of................hereinafter called the

"Artist,"Witnesseth:

Whereas, the Artist is now an artist and cartoonist of extensive reputation throughout the English speaking world as the creator, author and producer of................, and

Whereas, the Artist has received and is now receiving large compensation and reward from the said newspapers for the said ...................., and..............................

Whereas, the Syndicate desires to employ the Artist for a period of years to commence as soon as any contract or other engagement which he may now be under has terminated, to produce the said.............................exclusively for the Syndicate, to be sold by the Syndicate to such newspapers published at least six times a week as the Syndicate shall select and

Whereas, the Artist is willing to produce the said..........

........exclusively for the Syndicate, to be sold by the Syndicate to such newspapers as aforesaid upon the terms and conditions set forth in this contract:

Now, therefore, for and in consideration of the mutual covenants herein contained, and of the guarantee of the.......

Publishing Company, publisher of................of even date herewith, the parties hereto do hereby agree as follows:

1. The Syndicate hereby employes the Artist for the term of three (3) years from............, to produce for the exclusive use of the Syndicate the........................, to be sold by the Syndicate as aforesaid during the said three (3) years; and the Artist hereby accepts the said employment and agrees to render the said services exclusively for the Syndicate upon the terms and conditions hereinafter named.

2. The Syndicate agrees to pay to the Artist for his exclusive services as herein described, the sum of $...................

per week over and above all expenses, at the end of each and every week, to wit: At noon on each and every Saturday through the term of this contract; and this payment of $......

... .per week shall be a minimum payment and be made irrespective of the amount of the Artist's percentage of the earnings hereinafter mentioned, or cost of production, the intention of this clause being that the Syndicate guarantees to the Artist that he shall receive from the Syndicate for his said exclusive services the sum of at least $....................per week for each and every week during the term of this agreement.

3. The Syndicate also agrees to pay to the Artist throughout the term of this agreement,................% of the gross amount of money received by the Syndicate from the sales made by the Syndicate of the said.........................

the said newspapers as aforesaid, the remaining............% of the said amount to be retained by the Syndicate. The

Artist agrees to bear................% of the cost of.....

....the said................and making the.........therefor, which are sent to the said newspapers as aforesaid, and the cost of copyrighting the said.........., the remaining.......

......% of said expenses to be borne by the Syndicate. The guaranteed $................per week to be paid to the Artist as herein provided shall be part payment in advance on account of the said................% to be paid him; but, if during any week the said................% of the gross amount received by the Syndicate shall be less than $................

the difference between the amount of the said..............% and the $................guarantee shall not be deducted from any future................%, but each week shall be considered as a unit and during each week the Artist shall receive................% of the gross amount received by the Syndicate, which payment to the Artist in any event shall not be less in any one week than $.................

4. The Syndicate shall keep accurate books of the amount of the said gross sales and the said cost of....................

and copyrighting, and shall render an account in detail to the Artist on the......of each month, beginning........., showing the gross amount of money received from the newspapers during the previous calendar month for the said.......

............, the cost of.............................and copyrighting, and upon such statement being rendered, the Syndicate shall pay to the Artist the additional amount due under the terms of this agreement.

5. It is agreed that the Artist or his duly authorized agents, shall have the right at all times to examine the books of account of the Syndicate in which the accounts pursuant to this agreement are kept.

6. It is agreed that should any question arise by reason of legal proceedings brought by a third party, or by either or both of the parties to this agreement against a third party, as to the right of the Artist to produce, or any newspaper to publish, the said...................., the expenses of such litigation shall be borne equally by the said Artist and by the said Syndicate, share and share alike. The Artist agrees that under this arrangement he will permit an action or actions, or proceeding or proceedings, to be maintained in his, the Artist's name to protect the said.................., whenever it shall be decided by counsel representing the parties hereto so to do.

7. The Artist agrees that throughout the term of this contract he will do everything in his power to make the said......

..........salable in the best possible manner to the newspapers as aforesaid, and that they shall all be.......by him in every respect personally. The Artist agrees that the services hereby contracted for shall be rendered exclusively to the Syndicate for newspapers as aforesaid, and the Artist agrees that he will not render the same or any similar services during the three (3) years covered by this contract to any newspaper or to any periodical published once each month or oftener, directly or indirectly, except through the Syndicate as provided for in this agreement.