THE
CONTRACT
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BY THOMAS YANUL
copyright
2001
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My
concern is more the particulars of the business. And to that end I would
like to say something about the concession contract as "Official
Photographer".
Editor's
Note: I have made a photocopy of the original contract as it was, the
property of the Higinbotham family archives. Since I do now have a scanner
I will only quote certain aspects of the contract and at a later time
will reproduce the four-page in toto.
The
contract is dated April 21, 1893, stating that the World's Columbian Exposition
Corporation has established a Bureau of Photography "for the purpose of
developing, promoting and controlling the making and sale of photographs
of the grounds and buildings of the party of the first part and their
contents.(the first part is the Corporation).
"and
to the said Bureau shall belong the exclusive right to make and sell photographs
of the grounds of the party of the first part, and contents thereoff, excepting
however rights conferred by the party of the first part concerning rights
and priviliges heretofor granted; and also the right to license the use of
kodaks [notice lower case "kodaks"-a term applied to any cameras] or
other photographic cameras upon the exposition grounds,charging a fee
therefor.
"
The party of the first part agrees to erect the necessary building or buildings
for the said Bureau of Photography, and to purchase all furnishings, equipment
and supplies necessary for the proper conduct of its business, and to employ
and pay all necessary help, all said expenditures, including also the salaries
herinafter provided to be paid to the parties of the second part (Arnold
& Higinbotham)and all other expenses of the party of the first part on
account of said Bureau, to be kept in a seperate account, carefully itemized
and charged against the said Bureau of Photography.
"It
is agreed that the current receipts of the said Bureau of Photography from
the sale of the said photographs or reproductions thereof in any form,
photographic albums, licenses and all the sources whatever, shall be kept
as a seperate account, carefully itemized and placed to the said Bureau of
Photography, and that the money received by the party of the first part received
for the rights to make and sell stereoscopic views from Benjamin Kilburn
and James M.Davis, and the receipts of the party of the first part from the
taking of photographic portraits upon the exposition grounds shall also be
placed to the credit of said Bureau.
"The
party of the first part agrees to employ the parties of the second part as
official photographers in charge of the said Bureau of Photography, and it
agrees that each shall receive as compensation for his services a salary
at the rate of two thousand ($2000) dollars per annum, and ten percent of
the net receipts from the said Bureau of Photography after deducting from
the gross receipts of the said Bureau of Photography from all sources,
all the expenses of the said Bureau, including the said salaries, as herinafter
provided.
"The
parties of the second part agree to devote their entire time and best energies
to the business and interests of said Bureau of Photography,and to take entire
charge and management of the making and selling of said photographs and
reproductions thereof, the licensing of the use of the said kodaks and other
cameras, and all other business of the said Bureau, under the supervision
and control of the party of the first part, and they agree that the price
of every article offered by them shall be subject to the approval of the
party of the first part.
"The
parties of the second part shall not have the right to sublet or dispose
of any right or priviledge hereby granted to the said Bureau of Photography,
without the consent of the party of the first part.
"The
parties of the second part agree that all photographs made by the said Bureau
of Photography shall be copyrighted in the name of the party of the first
part, and that the copyrights of all photographs of exposition subjects
heretofore obtained by the said Arnold in his own name shall be assigned
to the party of the first part.
"It
is agreed that the salvage, if there be any, from the building or buildings
erected for the use for the said Bureau of Photography, when removed, shall
be placed to the credit of the said Bureau of Photography as a portion of
the gross receipts hereinabove mentioned, and that on or before the first
day of May, 1894, all materials, supplies, stock and fixtures in the possession
of the said Bureau, and all negatives, copyrights and rights in and to the
photographs taken by the said Bureau, and reproductions thereoff, shall be
sold, unless herafter otherwise agreed, and the receipts therefrom placed
to the credit of the said Bureau of Photography as a portion of the gross
receipts hereinabove named, and as soon as practicable after said sale a
final settlement shall be had between the parties hereto."
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The
contract is not complicated - it states that all monies paid out by
the Columbian Exposition Company to run the operation will be deducted from
the net, which is when Arnold and Higinbotham will receive their 10%.. Its
not exactly clear if both parties will get 10%, although thats possible .But
if one got ten percent, then the other would be getting ten percent minus
the other's 10%. If both were to get ten% it would seem the Company
would have said you get 20% (assuming that each would take 10% of that figure).
So, I for one am not certain who got what and how much.
Of
course the gross did include such items as the Stereo concession of Kilburn
($17,000) and Gibson'sPortrait business (which was not like Kilburns, Gibson's
business was audited daily and his net added to the Arnold account. But Gibson's
business was peanuts compared to most other concessions, his take at the
end was something on the order of $6,000. Sale of goods (photos mainly) and
passes, and fees for commercial photos at $5 ea., but all in all, I don't
believe it was one of the larger money-making concessions - that ranking
went to operators on the midway like the Ferris Wheel,some of the restaurants
and other attractions which drew large paying crowds throughout the life
of the fair.
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