Code of fair competition for the book publishing industry as approved on October 1, 1934

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Material Information

Title:
Code of fair competition for the book publishing industry as approved on October 1, 1934
Portion of title:
Book publishing industry
Physical Description:
p. 47-83 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Publishers and publishing -- United States   ( lcsh )
Press law -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Approved Code No. 523."
General Note:
"Registry No. 501-13."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004931002
oclc - 63654708
System ID:
AA00008339:00001

Full Text



E ATIONL RECOVERY ADMINISTRATION

: NATIONAL RECOVERY ADMINISTRATION

:ii .:.


CODE OF FAIR COMPETITION


FOR THE


1OOK PUBLISHING INDUSTRY
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AS APPROVED ON OCTOBER 1, 1934


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WE DO OUR PART


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UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


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SCSS:- t tbIwaipIntendent of Documents, Washington. D.C - Price 5 cents

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Co~ No. 523 -


Registry No. 501-13


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This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFlCES OF THE DEPARTMENT C01I COMMERCE
Atlanta, Ca.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building.












Approved Code No. 523


CODE OF FAIR COMPETITION
FOR THE

BOOK PUBLISHING INDUSTRY

As Approved on October 1, 1934


ORDER

APPROVING CODE OF FAIR COMPETITION FOR THE BOOK PUBLISHING
INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Book Publishing Industry, and hearings
having been duly held thereon and the annexed reports on said Code
of Fair Competition, containing findings with respect thereto, having
been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, We, the National Industrial Recovery Board, pursuant to
authority vested in us by Executive Orders of the President, includ-
ing Executive Order No. 6859, dated September 27, 1934, and other-
wise; do hereby incorporate, by reference, said annexed report and
do find that said Code of Fair Competition as constituted complies in
all respects with the pertinent provisions and will promote the policy
and purposes of said Title of said Act, and do hereby order that said
Code be and is hereby approved.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By G. A. LYNCH, Administrative Officer.
Approval recommended:
JACK B. TATE,
Acting Division Administrator.
WASHINGTON, D.C.,
October, 1, 1934.


89383---1244-14-34


(47)












REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: This is a report on the proposed Code of Fair Competition
for the Book Publishing Industry. A public hearing was held on
this proposed Code on May 24th, 1934, and full opportunity was
given to all interested parties to appear.
The proposed Code consists of a Basic Code and five Divisional
Codes covering the Bible Publishing Industry, Medical and Allied
Book Publishing Industry, Play and Dramatic Text Publishing
Industry, Subscription and Mail Order Book Publishing Industry,
and Trade Book Publishing Industry. This Basic Code and the
five Divisional Codes consist of administrative provisions, fair trade
practice provisions, and wage and hour provisions.

EXTENT OF THE INDUSTRY

This Book Publishing Industry is relatively small insofar as
number of employees, annual sales, and invested capital, are con-
cerned, but is of great importance viewed in the light of the influ-
ence that its product has upon the cultural and educational life
of this country.
The Book Publishing Industry represents approximately only
two-tenths of 1 per cent of the value of all manufactured products.
In geographical distribution the publishing industry is heavily
concentrated on the Eastern Seaboard. The overwhelming pro-
portion of books sold are the product of less than 350 publishers.
No less than 101 firms or thirty per cent, including most of the
larger houses, are located in New York. Subsidiary centers are
found in Boston (17 firms), Philadelphia (15 firms), and Chicago
(11 firms.) The other publishers are scattered over 28 States, no
more than three, however, being in any one state.

CAPITAL INVESTMENT

The capital investment of the Industry declined about 10 per cent
between 1929 and 1933. In 1929 it was $134,019,278.00 and in 1933
$121.675,071.00. Nearly 50 per cent of the capital investment of
the Book Publishing Industry is centered in the Text Book Pub-
lishing Industry and a little over 20 per cent in the Trade Book
Publishing Industry.
The annual sales in the Book Publishing Business in 1929 were
approximately $153.200,000.00, and in 1933 approximately $85,000,-
000.00, which represents a drop of nearly 45 per cent since 1929.
(48)







EMPLOYEES

The publishing business is essentially a white collar industry with
virtually no machine workers, and comparatively few manual work-
ers of any sort. Employees of the Book Publishing Industry are
largely confined to the editorial staff, clerical workers of various
sorts, salesmen, etc. The number of salaried employees in the Book
Publishing Industry was 22,238 in 1929. In 1933 the number of
employees fell to 17,233, a decline of nearly 23 per cent.
AVENUES OF DISTRIBUTION

There are three main channels of distribution in the Book Trade.
The first, and largest, is direct to consumer, meaning by this term
mainly libraries, boards of education, colleges and schools, and other
educational institutions, both public and private, rather than indi-
vidual purchasers. Sales to these groups amounted to nearly 45
per cent of the total sales for 1929. The next channel is sales to
dealers, both wholesale and retail, the per cent being 14 per cent for
the former, and 28 per cent for the latter. The third outlet is the
wholesale branches of the publishers themselves, the per cent being
12 per cent. Finally some sales are made to agents, commission men,
and direct to individual purchasers.
Insofar as the distribution of books to the ultimate purchaser is
concerned, 48 per cent obtained are through general book stores, 29
per cent through department stores, 7 per cent through circulating
libraries, 5 per cent through drug stores, and 11 per cent through
outlets not specified, largely through book clubs and direct by mail-
order buying.
FINDINGS

The Assistant Deputy Administrator in his final report to us on the
proposed Code of Fair Competition for the Book Publishing Indus-
try, having found as herein set forth, and on the basis of all the
proceedings on this matter:
We find that:
(a) The said Code is well designed to promote the policies and
purposes of Title I of the National Industrial Recovery Act includ-
ing the removal of obstructions to the free flow of interstate and
foreign commerce which tend to diminish the amount thereof, and
will provide for the general welfare by promoting the organization
of industry for the purpose of cooperative action among trade
groups, by inducing and maintaining united action of labor and
management under adequate governmental sanction and supervision,
by eliminating unfair competitive practices, by promoting the fullest
possible utilization of the present productive capacity of industries,
by avoiding undue restriction of production (except as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) The Code complies in all respects with the pertinent provi-
sions of said Title of said Act, including without limitation Subsec-







tion (a) of Section 3, Subsection (a) of Section 7 and Subsection
(b) of Section 10 thereof; that the groups submitting this Code are
truly representative of the aforesaid Industry and the divisions
thereof, and that the applicant Associations or groups impose no
inequitable restrictions on admission to membership therein.
(c) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(d) The Code is not designed to and will not eliminate or op-
press small enterprises and will not operate to discriminate against
them.
(e) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Code.
We believe the Code to be fair to labor, to the consumer, and to
the industry, and for these reasons, therefore, we approve this Code.
Respectfully,
NATIONAL INDUSTRIAL RECOVERY BOARD,
By G. A. LUNcH, Administrative Officer.
OCTOBER 1, 1934.












CODE OF FAIR COMPETITION FOR THE BOOK
PUBLISHING INDUSTRY
BASIC CODE
ARTICLE I-PURPOSES

To effect the policies of Title I of the National Industrial Recov-
ery Act, this Code is established as a Code of Fair Competition for
the Book Publishing Industry, and its provisions shall be standards
of fair competition for such Industry an dshall be binding upon
every member thereof.
ARTICLE II-DEFINITIONS

SECTION 1. The terms Book Publishing Industry or "Industry"
as used herein shall mean the business of publishing, contracting with
authors for the publication of acquiring copyrights of, and/or sales
rights of, and/or contracting for printing and binding of single vol-
umes or multiple-volume books.
SECTION 2. The term Division as used herein means such con-
cerns or departments of concerns as may be engaged in the publish-
ingof books in the different lines mentioned in Article VI, Section 1.
SECTION 3. The terms Member of the Divisions," or "Member
of the Division," or "Member of the Industry," as used herein
includes, but without limitation, any individual, partnership, asso-
ciation, corporation, or other form of enterprise engaged in any of
the Divisions, either as an employer or on his or its own behalf.
SECTION 4. The term employee as used herein includes any and
all persons engaged in the industry, however compensated, except a
member of the industry.
SECTION 5. The term employer" as used herein includes anyone
by whom such employee is compensated or employed.
SECTION 6. The term Code Authority as used herein is defined
to mean the administrative agency of each Division.
SECTION 7. The term Book Publishing Coordinating Board" as
used herein is defined to mean the coordinating agency of the Book
Publishing Industry with such administrative powers and duties as
are hereinafter expressly conferred upon it.
SECTION 8. The term "Act as used herein means, Title I of the
National Industrial Recovery Act.
SECTION 9. The term "President as used herein means the Presi-
dent of the United States, or any officer, agent, or employee to whom
any of his functions have been or may be delegated pursuant to Sec-
tion 2 (b) of the Act.
SECTION 10. The term "dealer means any person, firm, associa-
tion, or corporation, doing business at wholesale or retail, whether
(51)







or not controlled by a member of the industry through stock owner-
ship or otherwise, to whom or to which a member of the industry
furnishes books in the course of distribution, for cash on whole or
partial credit, on consignment, or on any other arrangement or
undertaking.
SECTION 11. Population for the purposes of this Code shall be
determined by reference to the latest Federal Census.

ARTICLE III-HOURS

SECTION 1. No employee shall be permitted to work in excess of
forty (40) hours in any one week, or eight (8) hours in any twenty-
four (24) hour period, beginning at midnight, except as herein other-
wise provided. A normal work day shall not exceed eight (8) hours.
SECTION 2. A tolerance period not to exceed sixty-four (64) hours
in any one year is allowed for employees indispensable necessary to
the conduct of business during peak periods, during which time such
employees may be permitted to work not to exceed forty-eight (48)
hours per week; provided, however, that for any hours or fractions
of hours worked in excess of eight (8) hours in any twenty-four (24)
hour period any such employee shall be paid at the overtime rate of
time and one-third.
SECTION 3. Employees engaged in maintenance or outside service
work shall be permitted to work not more than forty-five (45) hours
in any one week, or nine (9) hours in any twenty-four (24) hour
period, beginning at midnight, except as herein otherwise provided.
A normal work day for these employees shall not exceed nine (9)
hours.
SECTION 4. The provisions of this Article shall not apply to persons
employed in a managerial or executive capacity (including editors
and lawyers) who earn regularly thirty-five ($35.00) dollars per
week, or more, or outside salesmen, nor to collectors when paid on a
commission basis.
SECTION 5. No employee shall be permitted to work more than six
(6) days in any seven (7) day period.
SECTION 6. No member of the industry shall knowingly permit
any employee to work for any time which, when added to the time
spent at work for another member of the industry exceeds the max-
imum permitted herein.
ARTICLE IV-WAGES

SECTION 1. Except as hereinafter provided, the minimum wage
that shall be paid in the Divisions to any employee shall not be less
than fifteen ($15.00) dollars per week in any city of over 500000
population, or in the immediate trade area thereof; nor less than
fourteen dollars and fifty cents ($14.50) per week in any city of
between 250,000 and 500,000 population or in the immediate trade
area thereof; nor less than fourteen ($14.00) dollars per week in
any city or place of less than 250,000 population, or in the immediate
trade area thereof. The provisions of this Article shall not apply to
outside salesmen and/or collectors when paid on a commission
basis.







S:cr ow 8 2. No office boy, office girl, or messenger, shall be paid
less ,than 80% of the minimum wage provided in Section 1 for the
applicable population area.
SxCTONw 3. No employee who is engaged in part-time work, ag-
gregating less than six hours per day, shall be paid less than at the
rate of forty (40) cents per hour; provided, however, that it shall
constitute a violation of this Code for any member of the industry
to split shifts or otherwise to deprive regular full-time employees of
the benefits of such full time employment.
SECTINo 4. This Article establishes minimum rates of pay which
shall apply to all employees except outside salesmen and/or col-
lectors when paid on commission basis.
SECTION 5. No member of the industry shall reduce the weekly
wages of an employee receiving above the minimum provided in
this Article because the hours of work of such employee have been
reduced under Article XIX of this Code.
SECTION 6. Female employees performing substantially the same
work as male employees shall receive the same rate of pay as male
employees.
MECTION 7. A person whose, earning capacity is limited because of
age, physical or mental handicap, or other infirmity may be em-
ployed on light work at a wage below the minimum established by
this Code, if the employer obtains from the State Authority desig-
nated by the United States Department of Labor, a certificate
authorizing such persons employment at such wages and for such
hours as shall be stated in the certificate. Such authority shall
be guided by the instructions of the United States Department of
Labor in issuing certificates to such persons. Each member shall
file monthly with the Code Authority a list of all such persons
employed by him, showing the wages paid to, and the maximum
hours of work for each employee.
SECTION 8. NO provision in this Code shall modify established
practice or privileges as to vacation periods, leaves of absences, or
temporary absences from work heretofore granted to employees.
SECTION 9. All members of this industry shall make payment of
all wages due in lawful currency, or by negotiable check therefore
payable. on demand at par. If wages are paid by check, the em-
ployer shall provide reasonably accessible facilities for cashing
checks at face value without expense to the employee. Members
shall also provide such identification as is necessary to utilize such
facilities.
SECTION 10. Wages shall be payable at the end of each weekly
period. Wages shall be exempt from any payment for pensions,
insurance, or sick benefits except such as is voluntarily paid or
authorized to be deducted by employees. Members or their agents
shall not accept, directly or indirectly, rebates on such wages, nor
give anything of value, or extend any favors to any person for the
purpose of influencing rates of wages or working conditions of their
employees.
SECTION 11. The provisions of the foregoing Section regarding
payment of wages at the end of each weekly period shall not apply
to persons employed in executive, administrative, and supervisory
capacity who earn in excess of thirty-five ($35.00) dollars per week,
89383--1244-1 4--34---2







nor to persons employed in clerical or office Work. The wage for
persons employed in clerical or office work shall be payable t.ei ast
semi-monthly. --
ARTICLE V-GENERAL LABOR PROVISIONS

SECTION 1. No person under eighteen (18) years of age shall be
employed in the industry except office boys, office girls, messengers
and the like. No person under sixteen (16) years of age shall be
employed in the industry in any capacity. In any State any member
shall be deemed to have complied with the provisions as to age if he
shall have on file a certificate or permit, duly signed by the Authority
in such State empowered to issue employment or age certificates or
permits, showing that the employee is of the required age.
SECTION 2. (a) Employees shall have the right to organize and
bargain collectively through representatives of their own choosing
u-nd shall be free from the interference, restraint, or coercion of-em-
ployers of labor, or their agents, in the designation of such represent-
atives, or in self-organization, or in other concerted activities for
the purpose of collective bargaining or other mutual aid or protec-
tion.
(b) No employee and no one seeking employment shall be required
as a condition of employment to join any company union, or to re-
frain from joining, organizing, or assisting a labor organization of
his own choosing, and
(c) Members shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or described by the President.
SECTION 3. (a) No member of the industry shall reclassify em-
ployees or duties of occupation performed, or engage in any other
subterfuge, so as to defeat the purposes or provisions of the Act or of
this Code.
(b) No employee now employed at rates in excess of the minimum
shall be discharged and reemployed at a lower rate for the purpose
of evading the provisions of this Code.
SECTION 4. Every member shall make reasonable provisions for
the safety and health of employees during the hours and at the
places of their employment. Standards for safety and health shall
be submitted by the Code Authority to the National Industrial Re-
covery Board within sixty (60) days after the effective date of the
Code. After approval, such standards shall become the minimum
standards of safety and health for all members of this industry.
SECTION 5. No provisions in this Code shall supersede any State or
Federal Law which imposes on members more stringent require-
ments as to age of employees, wages, hours of work, or as to safety,
health, sanitary or general working conditions, or insurance, or fire
protection, than are imposed by this Code.
SECTION 6. All members shall post and keep posted copies of this
Code in conspicuous places accessible to all employees. Every mem-
ber of the industry shall comply with all rules and regulations rela-
tive to posting of provisions which may from time to time be pre-
scribed by the National Industrial Recovery Board.







S SEnoen 7. No employee shall be dismissed or demoted by reason
of making a complaint, or giving evidence, with respect to an alleged
violation of this Code.
ARTICLE VI--GENERAL ADMINISTRATIVE PROVISIONS

SECTION 1. The Book Publishing Divisions, each of which shall be
administered by a Code Authority established in accordance with
the provisions of the Divisional Codes, respectively, hereinafter re-
ferred to, are as follows:
SA. Bible Publishing Division.
B. Law Book Publishing Division.
C. Medical and Allied Book Publishing Division.
D. Play and Dramatic Text Publishing Division.
E. Subscription and Mail Order Book Publishing Division.
F. Text Book Publishing Division.
G. Trade Book Publishing Division.
(a) Definitions of the foregoing Divisions, and provisions ap-
plicable only to members of each Division, shall be contained in the
several Divisional Codes which shall constitute supplements hereto
upon their approval by the National Industrial Recovery Board.
(b) The provisions of this Code are basically applicable to and
binding upon all members of the Book Publishing Industry. This
Code may be referred to as the Basic Code for the Book Publishing
Industry.
(c) Upon request of any trade association, organization, or group
of employers, representative of the Law Book Publishers, the Book
Publishing Coordinating Board may make application to the Na-
tional Industrial Recovery Board for amendment to this Code au-
thorizing the inclusion herein of a Divisional Code for the Law Book
Publishing Industry, and upon order by the National Industrial
Recovery Board the Divisional Code for the Law Book Publishing
Industry shall be incorporated as a Division of this Code.
(d) Upon approval of this Code, any Code of Fair Competition
which may be approved for the Text Book Publishing Industry
shall upon order of the National Industrial Recovery Board, be in-
corporated as a Division hereof with such modifications as may be
necessary to secure conformity with the provisions of this Code.
(e) Where the nature of the business in which a member of the
industry is engaged, or the product or products it produces, would,
under the definitions set forth in two or more Divisional Codes,
subject such member to administration under more than one Code
Authority, the Book Publishing Coordinating Board shall deter-
mine, subject to review of the National Industrial Recovery Board,
under which Code Authority or Code Authorities such member, or
departments thereof, are subject to administration; provided, how-
ever, that each such member shall be given equitable representation
on each Code Authority to whose administration it may be then sub-
jected, and that such member shall bear its equitable share of the
costs of the administration by each such Code Authority.
(f) No member of a Code Authority or of the Book Publishing
Coordinating Board shall sit in any proceeding involving any part
with whom he is identified or connected in any way or in which he






has any financial interest. In case of such disqualification, the Code
Authority or the Book Publishing Coordinating Board, as the case
may be, shall designate a substitute to sit as a member ad hoc during
the consideration and determination of such a proceeding.
SECTION 2. Subject to such rules and regulations as may be issued
by the National Industrial Recovery Board, each Code Authority
shall have the following powers and duties-
(a) To insure the execution of the provisions of this Code insofar
as it applies to its Division and its own Divisional Code concerning
fair practice and distribution relating to its Division.
(b) To adopt by-laws and rules and regulations for its procedure.
(c) To obtain from members of its Division through a confidential
agency such information and reports as are required for the admin-
istration of this Code and its Divisional Code. In addition to infor-
mation required to be submitted to the Code Authority, members of
the industry subject to this Code, shall furnish such statistical infor-
mation as the National Industrial Recovery Board may deem neces-
sary for the purposes recited in Section 3 (a) of the Act to such
Federal and State agencies as the Board may designate; provided
that nothing in this Code shall relieve any member of the industry
of any existing obligations to furnish reports to any government
agency. No individual report shall be disclosed to any other member
of the industry or any other party except to such governmental
agencies as may be directed by the National Industrial Recovery
Board.
(d) To use such agencies as it deems proper for carrying out of
any of its activities provided for herein or in its Divisional Code;
provided that. nothing herein shall relieve the Code Authority of its
duties or responsibilities under this Code and such Divisional Code,
and that such agencies shall at all times be subject to and comply
with the provisions hereof.
(e) To be responsible for the payment of its Division's share of
the expenses of administering this Code by the Book Publishing
Coordinating Board.
(f) To designate one of its members as a regular member of the
Book Publishing Coordinating Board, established in Section 9 here-
of; and to designate another of its members as an alternate member
of the Book Publishing Coordinating Board; who shall be entitled
to sit upon said Book Publishing Coordinating Board in the absence
of the regular member. In the event of any resignation or termina-
tion of membership on the Book Publishing Coordinating Board of
any member for any cause, the Code Authority originally designating
such member shall designate his successor. The members of the
Book Publishing Coordinating Board and their alternates shall be
subject to recall and replacement by the respective Code Authorities
designating such members.
SECTION 3. If the National Industrial Recovery Board shall at any
time determine that any action of a Code Authority or any agency
thereof may be unfair or unjust or contrary to the public interest,
the National Industrial Recovery Board may require that such ac-
tion be suspended to afford an opportunity for investigation of the
merits of such action further consideration by a Code Authority or
agency pending final action which shall not be effected unless the
National Industrial Recovery Board approves or unless the Board







shall fail to disapprove after thirty (30) days' notice to the Board
of intention to proceed with such action in its original or modified
form.
SECTION 4. In order that the Code Authority shall at all times be
truly representative of its Division and in other respects comply
with the provisions of the Act, the National Industrial Recovery
Board may prescribe such hearings as the Board may deem proper;
and thereafter if the Board shall find that a Code Authority is not
truly representative, or does not in other respects comply with the
provisions of the Act, the Board may require an appropriate modifi-
cation of such Code Authority.
SECTION 5. Each trade or industrial association directly or in-
directly participating in the selection or activities of the Code
Authority shall (1) impose no inequitable restrictions on member-
ship, and (2) submit to the National Industrial Recovery Board true
copies of its articles of association, by-laws, regulations, and any
amendments when made thereto, together with such other informa-
tion as to membership, organization, and activities, as the National
Industrial Recovery Board may deem necessary to effectuate the
purposes of the Act.
SSECTE N 6 (a) It being found necessary in order to support the
Administration of this Code, and to maintain the standards of fair
competition established hereunder, and to effectuate the policy of the
Act, each Code Authority is authorized:
(1) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code:
(2) To submit to the National Industrial Recovery Board for the
Board's approval, subject to such notice and opportunity to be
- heard as the Board may deem necessary, (a) an itemized budget
of its estimated expenses for the foregoing purposes, and, (b) an
equitable basis upon which the funds necessary to support such
budget shall be contributed by members of the Division.
(3) After such budget and basis of contribution have been ap-
proved by the National Industrial Recovery Board, to determine
and obtain equitable contribution as above set forth by all members
of the Division; and to that end, if necessary, to institute legal pro-
ceedings therefore in its own name.
(b) Each member of the Division shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the National Industrial Re-
covery Board. Only members of the industry complying with the
Code and contributing to the expenses of its administration as herein-
above provided (unless duly exempted from making such contribu-
tions), shall be entitled to participate in the selection of members of
the Code Authority or to receive the benefits of any of its voluntary
activities or to make use of any emblem or insignia of the National
Recovery Administration.
(c) The Code Authority shall neither incur nor pay any obliga-
tion substantially in excess of the amount thereof as estimated in its
approved budget and shall in no event exceed the total amount con-
tained in the approved budget except upon approval of the National







Industrial Recovery Board, and no subsequent budget shall coitai
any deficiency items for expenditures in excess of prior budgetresti-
mates except those which the National Industrial Recovery Board
shall have so approved.
SECTION 7. Nothing contained in this Code shall constitute the
members of a Code Authority partners for any purpose. Nor shall
any member of a Code Authority be liable in any manner to aLyane
for any act of any other member, officer, agent or employee of the
Code Authority. Nor shall any member of a Code Authority exer-
eising reasonable diligence in the conduct of his duties heremuder,
be liable to anyone for any action or omission to act under this Code,
except for his own wilful malfeasance or nonfeasance.
SECTION 8. Organization and Constitution of Book Publishing
Coordinating Board.
(a) A National Coordinating Committee to be known as the Book
Publishing Coordinating Board is hereby established.
(b) The Book Publishing Coordinating Board shall consist of not
less than five (5) members, or such other number as may be necessary
to provide one (1) member only on the Book Publishing CoordinatU
ing Board for each Division.
(c) Each member of the Book Publishing Coordinating Board
shall have an equal vote upon all questions, motions, resolutions, or
issues coming before said Board.
(d) In addition to membership as above provided there may be
three (3) members, without vote, to be known as Administration
Members to be appointed by the National Industrial Recovery
Board, to serve for such terms as the Board may specify, without
expense to the Industry.
(e) The members of the Book Publishing Coordinating Board
(other than the Administration members) shall be designated by the
respective Code Authorities within thirty days after they shall sev-
erally be established under their respective Divisional Codes, and
annually thereafter. Pending the completion of the Book Publish.
ing Coordinating Board by designations as aforesaid, any four or
more members in office shall have all the powers of the full Book
Publishing Coordinating Board.
SECTION 9. Powers and Duties of the Book Publishing Coordinat-
ing Board-
(a) The Book Publishing Coordinating Board shall have the
power and duty subject to such rules and regulations as may be issued
y the National Industrial Recovery Board, to insure the execution
of the provisions of this Code relating to hours, wages, and conditions
of employment, and to provide for the compliance of the Divisions
with the provisions of the Act.
(b) The Book Publishing Coordinating Board shall have the fur-
ther powers and duties, subject to such rules and regulations as may
be issued by the National Industrial Recovery Board.
(1) To adopt by-laws and rules and regulations for its procedure
and for the administration of the Code, in accordance with the
powers herein granted, and to submit the same to the National Indus-
trial Recovery Board for its approval together with true copies of
any amendments or additions when made thereto, minutes of meet-
ings when held, and such other information concerning its activities







as the Natiorial Industrial Recovery Board may deem necessary to
effect the purposes of the Act.
(2) To obtain, through a confidential agency of its designation,
from the Code Authorities such information and reports as are
required for the administration of the Code; and to require the
submission of such information and reports by members of the In-
dustry to their respective Code Authorities in case such Code Authori-
ties shall fail or refuse to collect such information and reports, or
require such submission. All such information and reports shall
be kept confidential and shall not be disclosed to any member of
the Industry or any other party except to such Governmental agen-
cies as may be directed by the National Industrial Recovery Board,
provided that summaries and compilations thereof which do not dis-
close the identity of any member of the Industry may be prepared
and furnished to the Code Authority concerned.
(3) To coordinate the rules and regulations of the Divisional Code
Authorities concerning the administration of this Code and the sev-
eral divisional Codes and to review and coordinate costing and
accounting principles and methods, and trade practices, but only
to the extent that such review or coordination will insure fair com-
petition, and will not, except as otherwise herein provided, interfere
with the functioning of the separate Code Authority for each
Division.
(4) To adjust differences that may arise between Divisional Code
Authorities, or between a member of the Industry and a Code
Authority to which such member is-not subject or whose jurisdiction
he disputes, or between members of the Industry subject to different
Code Authorities, or different Divisional Codes.
(5) To represent any Code Authority and/or member of the In-
dustry before the National Recovery Administration, when called
upon so to do by such Code Authority or member of the Industry.
(6) To incur such reasonable obligations as are necessary and
proper for the discharge of its duties hereunder and to meet such
obligations out of funds contributed by the several Code Authorities
as hereinbefore provided. It shall prepare an itemized budget of its
estimated expenses, together with a statement showing each Divi-
sion's proposed share thereof, and shall submit the same to the several
Code Authorities for inclusion in the budgets to be presented by
them respectively to the National Industrial Recovery Board for the
Board's approval as hereinbefore provided.
(7) To make recommendations to the National Industrial Recovery
Board for the coordination of the administration of this Code with
such other Codes, if any, as may be related to or affect members of
the Industry.
(8) To bring to the attention of the proper Code Authorities ques-
tions as to jurisdiction arising out of the definitions set forth in
the Divisional Codes, or discrepancies appearing in the provisions
contained in the Divisional Codes; and to recommend to such Code
Authorities the action to be taken with respect thereto.
S(9) To recommend to the National Industrial Recovery Board
any action or measures deemed advisable, including further fair
trade practice provisions to govern members of the Industry in
their relations with each other or with any other industry; measures






for industrial planning, and stabilization of employment; and inetad.
ing modifications of this Code which shall become effective as pat
hereof upon approval by the National Industrial Recovery Board
after such notice and hearing as the Board may specify..
(10) To appoint a trade practice committee which shall meet
with the trade practice committees appointed under such. other
Codes as may be related to the Book Publishing Industry for the.
purpose of formulating fair trade practices to govern the relation-
ships between members of the Industry under this Code and under
such other Codes, to the end that such fair trade practice may be
proposed to the National Industrial Recovery Board as amendments
to this Code and such other Codes.
(11) To use such agencies as it deems proper for the carrying
out of any of its activities provided for herein; provided that noth-
ing herein shall relieve the Book Publishing Coordinating Board of
its duties or responsibilities under this Code, and that such agencies
shall at all times be subject to and comply with the provisions hereof.
(12) To provide appropriate facilities for arbitration for mem-
bers of the Industry who may desire to use the same, and subject
to the approval of the National Industrial Recovery Board; also
to prescribe rules of procedure to effect compliance with awards and
determination of cases where such arbitration procedure may
have been chosen by all members involved in any such arbitration
proceeding.
(13) The powers, authority, and duties of the Book Publishing
Coordinating Board relating to. the administration of this Code
shall be strictly limited to those hereinbefore specifically granted or
imposed.
(14) Nothing contained in this Code shall constitute the members
of the Book Publishing Coordinating Board partners for any pur-
pose. Nor shall any member of the Book Publishing Coordinating
Board be liable in any manner to anyone for any act of any other
member, officer, agent or employee of the Book Publishina Coordi-
nating Board. Nor shall any member of the Book Fublishing
Coordinating Board, exercising reasonable diligence in the conduct
of his duties hereunder, be liable to anyone for any action or omis-
sion to act under this Code, except for his own wilful malfeasance
or nonfeasance.
ARTICLE VII-MODIFrICATION
SECTION 1. This Code and the Divisional Codes hereunder and all
the provisions thereof are expressly made subject to the right of
the President, in accordance with the provisions of subsection (b)
of Section 10 of the Act, from time to time to cancel or modify any
order, approval, license, rule, or regulation issued under Title I
of said Act.
SECTMON 2. Such of the provisions of this Code and the Divisional
Codes hereunder as are not required to be included herein by the
Act may, with the approval of the National Industrial Recovery
Board, be modified or eliminated in such manner as may be indicated
by the needs of the Public, by changes in circumstances, or by ex-
perience. All the provisions of this Code and the Divisional Codes
hereunder, unless so modified or eliminated, shall remain in effect
until June 16, 1935.






61

ARTiCLr VIII-MONOPOLEs, ETC.

No provision of this Code or of any Divisional Code shall be so
applied as to permit monopolies or monopolistic practices, or to
eliminate, oppress, or discriminate against small enterprises.

ARTICLE IX-PRICE INCREASES

Whereas the policy of the Act to increase real purchasing power
will be made more difficult of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price
increases except such as may be required to meet individual cost
should be delayed; and when made such increases should, so far as
possible be limited to actual additional increases in the seller's cost.
ARTICLE X-EXPORT TRADE

No provision of this Code or any Divisional Code relating to
prices or terms of selling, shipping, or marketing, shall apply to
export trade or sales or shipments for export trade. Export
Trade" shall be defined in the Export Trade Act adopted April
10, 1918.
ARTICLE XI-EFFECTIVE DATE

This Code and each Divisional Code shall become effective on the
second Monday after its approval by the National Industrial
Recovery Board.
Approved Code No. 523.
Registry No. 501-13.


89383"- 1244-14----4---3









DIVISIONAL CODE A


BIBLE PUBLISHING DIVISION
To effectuate the policies of Title I of the National Industrial
Recovery Act.. this Divisional Code is established as a Supplemental
Code of Fair Competition for the Bible Publishing Division of the
Book Publishing Industry pursuant to the Basic Code of Fair Com-
petition for the said Book Publishing Industry approved by the
President of the United States on October 1, 1934: and all pro-
visions of the said Basic Code which are not in conflict with the pro-
visions of this Divisional Code are hereby specifically incorporated
by reference in this Divisional Code and made part hereof. Such
provisions of the Basic Code with the supplementing provisions of
this Code are the standards of fair competition for, and are binding
upon every member of the said Bible Publishing Division of the
Book Publishing Industry.
ARTICLE I-DEFINITIONS
SECTION 1. The term Bible Publishing Division as used herein,
includes the publication and sale by a publisher of Bibles, the business
of contracting with authors for, acquiring copyrights of, and con-
tracting for the printing and binding of Bibles by those who dis-
tribute Bibles predominantly through wholesale and retail outlets.
SECTION 2. The term Bibles as used herein, includes all Bibles
sold primarily at retail.
SECTION 3. The word Bible as used herein, is meant to signify
the King James Version, Revised, American Revised Versions, or
such other Versions of the Holy Bible as are derived in main from
these aforementioned Versions, also parts of the Bible as Testaments,
and individual Books of the Bible.
SECTION 4. The term Division as used herein, shall include all
members of the Division.
SECTION 5. The term Dealer" as used herein, means any person,
firm, association, or corporation doing business at wholesale or retail,
whether or not controlled by a member of the Division through stock
ownership or otherwise, to whom or to which a member of the
Division furnishes Bibles in the course of distribution, for cash, on
whole or partial credit, on consignment, or on any other arrangement
or understanding.
SECTION 6. The term Wholesaler as used herein, includes dealers
who maintain a regular warehouse from which deliveries are made
to retail dealers.
SECTION 7. The term Publication Date ", as used herein, means
the date of the formal release of a Bible by its publisher for resale
by the retail trade.
ARTICLE II-ADMINISTRATIVE PROVISIONS
SECTION 1. A Code Authority is hereby established for the Bible
Publishing Division, consisting of not less than three persons to be
(62)






63

elected by members of the Division by ballot (cast by registered mail
or by proxy) from among the personnel of such members.
The sponsors of this Code, representing the majority of the mem-
bers of the Division, shall be known as the Division's Temporary
Code Authority, (T.C.A.) and as such committee shall select a nomi-
nating committee of three members, which shall cause ballots to be
prepared containing the names of not less than six nominees, not
more than one of whom shall be from any one member of the
Division, including subsidiaries or affiliates thereof, with blank
spaces for three additional nominees. Said nominee shall be fairly
representative of large and small publishers and of other groups in
the Division.
The election shall be subject to such rules as the National Indus-
trial Recovery Board may prescribe. One vote for each office may
be cast by each member of the Division, provided that not less than
fifteen (15) days' notice of such election shall be given to all known
members of the Division; provided further that the majority of the
votes cast for each office shall represent companies whose total volume
of Bible sales was more than one-half of the total volume of Bible
sales of the Division in the calendar year next preceding the date
of the election.
The term of office of elected members of the Code Authority shall
be one year, or until their successors are duly elected and qualified.
Subsequent elections shall be conducted in the same manner as
above outlined, unless the National Industrial Recovery Board, or
the Code Authority, with the approval of the National Industrial
Recovery Board, shall decide that some other method is more desir-
able and effective in giving equal representation on the Code Author-
ity to all members of the Division.
SEcTION 2. In addition to membership as above provided, there
may be one member without vote to be known as Administration
member, to be appointed by the National Industrial Recovery Board
to serve for such term as the National Industrial Recovery Board
may specify without expense to the Division or Industry.

ARTICLE II1-TRADE PRACTICE RULES

RULE 1. No member of the Division shall publish advertising
(whether printed, radio, display, or of any other nature) which is
misleading or inaccurate in any material particular, nor shall any
member in any way misrepresent any goods (including, but without
limitation, their use, trade mark, grade, quality, quantity, origin,
size, substance, character, nature, finish, material, content, or prepa-
ration) or credit terms, values, policies, services, or the nature or
form of the business conducted.
RULE 2. No member of the Industry shall use advertising or sell-
ing methods or credit terms which might reasonably have the capac-
ity or tendency to deceive or mislead the customer or prospective
customer.
RULE 3. No member of the Industry shall knowingly withhold
from or insert in any quotation or invoice any statement that makes
it inaccurate in any material particular.







RULE 4. To preserve a sound trade structure and health distribu-
tion, and for the benefit of wholesalers and retailers themselves, trade
discounts shall be given only to wholesalers or jobbers, to retailers
stocking and handling Bibles for resale, and to agents and canvassers.
Bible publishers shall give institutional discounts to public libraries,
school and college libraries, and to institutions and associations for
institutional purposes, and by courtesy to other publishers. In the
interest of the retailer, the Bible publishers shall not grant a dis-
count to clergy and ministers and other church workers purchasing
for their personal needs.
RuLE 5. Publishers shall not sell Bibles on consignment except
for bona fide exhibition and display.
RULE 6. No member of the Division shall use advertising or other
representation which refers inaccurately in any material particular
to any competitor or his commodities, prices, values, credit terms,
policies, or services.
RULE 7. Salesmen's solicited orders may be shipped to points
West of Denver in June and to points East of Denver in July with
bills dated October 1, 2 percent ten days, net December 1. Other
shipments to be billed on regular terms 2 percent ten days and/or
2 percent E. O. M. net sixty days.
RULE 8. No member of the Industry shall publish or circulate
unjustified or unwarranted threats of legal proceedings which tend
to or have the effect of harassing competitors, or intimidating their
customers.
RULE 9. No member of the Industry shall secretly offer or make
any payment or allowance of a rebate, refund, commission, credit,
unearned discount, or excess allowance, whether in the form of
money or otherwise; nor shall a member of the Industry secretly
offer or extend to any customer any special service or privilege not
extended to all customers of the same class, for the purpose of influ-
encing a sale.
RiLE 10. No member of the Industry shall give, permit to be
given, or offer to give, anything of value for the purpose of influenc-
ing or rewarding the action of any employee, agent, or representa-
tive of another in relation to the business of the employer of such
employee, the principal of such agent or the represented party, with-
out the knowledge of such employer, principal or party. This pro-
vision shall not be construed to prohibit free and general distri-
bution of articles commonly used for advertising, except so far as
such articles are actually used for commercial bribery as hereinabove
defined.
RULE 11. No member of the Industry shall willfully induce or
attempt to induce the breach of existing contracts between competi-
tors and their customers by any false or deceptive means, or inter-
fere with or obstruct the performance of any such contractual duties
or services by any such means, with the purpose and effect of ham-
pering, injuring, or embarrassing competitors in their business.
RULE 12. No member of the Division shall reproduce in facsimile
or imitate or employ the format or design of a Bible already on
the list of another publisher, or reproduce by photography or by
any other facsimile method a Bible which is the property of another
publisher.












DIVISIONAL CODE 0


MEDICAL AND ALLIED BOOK PUBLISHING DIVISION

To effectuate the policies of Title I of the National Industrial
Recovery Act, this Divisional Code is established as a Supplemental
Code of Fair Competition for the Medical and Allied Book Pub-
lishing Division of the Book Publishing Division of the Book Pub-
lishing Industry, pursuant to the provisions of the Basic Code of
Fair Competition for the said Book Publishing Industry, approved
by the President of the United States on October 1, 1934. All pro-
visions of the said Basic Code which are not in conflict with the
provisions of this Divisional Code are hereby specifically incorporated
by reference in this Divisional Code and made a part hereof. Such
provisions of the Basic Code with the supplementing provisions of
this code are the standards of fair competition for, and are binding
upon every member of the said Medical and Allied Book Publishing
Division of the Book Publishing Industry.
ARTICLE 1-DEFINITIONS
SECTION 1. The term Medical and Allied Book Publishing Divi-
sion as used herein, includes the publication and sale by a publisher
of medical and allied books; contracting with authors for the publi-
cation of, acquiring copyrights of, and contracting for the printing
and binding of medical and allied books; and the distribution of
medical and allied books through wholesale and retail outlets.
SECTION 2. The term Medical and Allied Books" as used herein,
includes all books relating primarily to the study and practice of
Medicine, Dentistry, and Pharmacy (and their subdivisions), and
of the Natural Sciences, with the exception of books included in
other divisions of the Basic Code.
SECTION 3. The term "Division as used herein, includes all mem-
bers of the Division.
SECTION 4. The term "Dealer as used herein, means any person,
firm, association, or corporation, doing business at wholesale or re-
tail, whether or not controlled by a member of the Division through
stock ownership or otherwise, to whom or to which a member of the
Division furnishes medical and allied books in the course of distri-
bution, for cash, on whole or partial credit, on consignment, or on
any other arrangement or understanding.
SECTION 5. The term Wholesaler" is defined to mean a busi-
ness organization whose general business is the distribution of books
to retailers for resale, or a business organization with which a pub-
lisher may make specific agreements for the distribution of his books
in quantity lots for resale or otherwise.
SECTION 6. The term "Retailer is defined to mean an established
bookstore, student bookstore, or a representative duly appointed to
(65)







sell books to students in medical and allied schools; provided, how-
ever, that each publisher or dealer may appoint only one such repre-
sentative (exclusive of bookstores) in or for any one school.
SECTION 7. The term Publication Date" as used herein means
the date of the formal release of a book by its publisher for resale by
the retail trade.

ARTICLE II-ADMINISTRATIVE PROVISIONS

SECTION 1. A Code Authority is hereby established for the Med-
ical and Allied Book Publishing Division, consisting of five (5)
persons to be elected by members of the Division by ballot (cast by
registered mail or by proxy) from among the personnel of such
members.
The sponsors of this Code, representing the majority of the mem-
bers of the Division, shall be known as the Division's Temporary
Code Authority, (T.C A.) and as such committee shall select a nomi-
nating committee of three members, which shall cause ballots to be
prepared containing the names of not less than eight (8) nominees,
not more than one of whom shall be from any one member of the
Division, including subsidiaries or affiliates thereof, with blank
spaces for five (5) additional nominees. Said nominees shall be
fairly representative of large and small publishers and of other
groups in the Division.
The election shall be subject to such rules as the National Industrial
Recovery Board may prescribe. One vote for each office may be cast
by each member of the Division, provided that not less than fifteen
(15) days' notice of such election shall be given to all known mem-
bers of the Division; provided further that the majority of the votes
cast for each office shall represent companies whose total volume of
Medical and Allied Book sales was more than one-half of the total
volume of Medical and Allied Book sales of the Division in the cal-
endar year next preceding the date of the election.
The term of office of elected members of the Code Authority shall
be one year, or until their successors are duly elected and qualified.
Subsequent elections shall be conducted in the same manner as
above outlined, unless the National Industrial Recovery Board, or
the Code Authority, with the approval of the National Industrial
Recovery Board, shall decide that some other method is more
desirable and effective in giving equal representation on the Code
Authority to all members of the Division.
SECTION 2. In addition to membership as above provided, there
may be one member, without vote, to be known as Administration
Member, to be appointed by the National Industrial Recovery Board
to serve for such term as the National Industrial Recovery Board
may specify, without expense to the Industry.

ARTICLE III-TRADE PRACTICE RULES

GENERAL DEFINITION

For all purposes of this Divisional Code the acts described in this
Article shall constitute unfair practices. Any member of the Divi-
sion who shall directly or indirectly through any officer, employee,








agent or representative, knowingly use, employ, or permit to be
employed, any of such unfair practices shall be guilty of a violation
of this Code.
SRuEi 1. Members of this Division shall give trade discounts only
(a) to wholesalers, (b) to retailers, (c) to other publishing houses,
and (d) to authors, underwriters, and/or financial sponsors of their
own books. Dealers receiving a discount shall in all cases be re-
quired to pay transportation charges from the publishers' shipping
point.
RULE 2. Members of this Division may give discounts for insti-
tutional purposes only to libraries, schools, colleges, (including
members of the faculty for institutional purposes), the Federal Gov-
ernment, any State or municipal government, incorporated philan-
thropic institutions and to other agencies of a public character.
RULE 3. A member of this Division shall not remainder a book
at a bargain price until two years after publication. No book which
is to be revised shall be remaindered until two years after the date
of publication of the revision, nor shall any rebate thereon be made
to a dealer, nor any consideration be granted that would permit any
such books to be remaindered within said period.
RULE 4. No member of the Division shall use advertising (whether
printed, radio, display, or of any other nature) or other representa-
tion which is inaccurate in any material particular or in any way
misrepresents any commodity (including but without limitation its
use, grade, quality, origin, size, finish, material, content, trade mark,
or preparation), or credit terms, values, policies, services, or the
nature, or form of the business conducted.
RULE 5. No member of this Division shall use advertising or sell-
ing methods or credit terms which might reasonably be construed to
have the capacity or tendency to deceive or mislead the customer or
prospective customer.
RULE 6. No member of this Division shall use advertising or other
representation which refers inaccurately in any material particular
to any competitors or their commodities, prices, values, credit terms,
policies, or services.
RULE 7. No member of this Division shall publish or circularize
unjustified or unwarranted threats of legal proceedings which tend
to, or have the effect of harassing competitors or intimidating their
customers.
RULE 8. No member of this Division shall secretly offer or make
any payment or allowance of a rebate, refund, commission, credit,
unearned discount, or excess allowance, whether in the form of money
or otherwise; nor shall a member, for the purpose of influencing a
sale, offer or extend to any customer any special service or privilege
not openly extended to all customers of the same class.
RULE 9. No member of this Division shall give, permit to be given,
or directly offer to give anything of value for the purpose of influenc-
ing or rewarding the action of any employee, agent, or representative
of another in relation to the business of the employer of such em-
ployee, the principal of such agent, or the represented party, without
the knowledge of such employer, principal, or party. This provision
shall not be construed to prohibit free and general distribution of






68

articles commonly used for advertising, except so far as such articles
are actually used for commercial bribery, as hereinabove defined.
RU.E 10. No member of this Division shall attempt to induce the
breach of an existing contract between a competitor and his employee
or customer or source of supply; nor shall any such member interfere
with or obstruct the performance of such contractual duties or
services.











DIVISIONAL CODE D
PLAY AND DRAMATIC TEXT PUBLISHING DIVISION
:'To effectuate the policies of Title I of the National Industrial
Recovery Act, this Divisional Code is established as a Supplemental
Code of Fair Competition for the Play and Dramatic Text Publish-
ing Division of the Book Publishing Industry, pursuant to the pro-
visions of the Basic Code of Fair Competition for the said Book
Publishing Industry, approved by the President of the United States
on October 1, 1934. All provisions of said Basic Code which are not
in conflict with the provisions of this Divisional Code are hereby
specifically incorporated by reference in this Divisional Code and
made a part hereof. Such provisions of the Basic Code with the
supplementing provisions of this code are the standards of fair com-
petition for, and are binding upon every member of the said Play
and Dralatic Text Publishing Div'ision of the Book Publishing In-
dustry.
ARTICLE I-DEFINITIONS

SECTION 1. The term Play and Dramatic Text Publishing Divi-
sion as used herein includes the publication and sale by a publisher
of, contracting with authors for the publication of, acquiring copy-
rights of, contracting for the printing and binding of, in any way
reproducing for sale, or licensing for public presentation, plays and
dramatic text.
SEOTION 2. The term Division" as used herein, shall include all
members of the Division.
SECTION 3. The term Dealer" as used herein means any person,
firm, association, or corporation, doing business at wholesale, or re-
tail, whether or not controlled by a member of the Division through
stock-ownership or otherwise, to whom or to which a member of the
Division furnishes plays or dramatic texts in course of distribution,
for cash, on whole or partial credit, on consignment, or on any other
arrangement or understanding.
SECTION 4. The term Wholesaler as used herein means a dealer
who maintains a regular warehouse, carrying a general stock of books
in sufficient volume to give general wholesale service to the retail
trade.
SECTION 5. The term Royalty is used herein to mean a license
fee charged for the right to present publicly a play or dramatic
text.
ARTICLE II-ADMINISTRATIVE PROVISIONS

SECTION 1. A Code Authority is hereby established for the Play
and Dramatic Text Publishing Division, consisting of five persons
to be elected by members of the Division by ballot (cast by registered
mail or by proxy) from among the personnel of such members.
(69)






The sponsors of this Code, representing the majority of the mem-
bers of the Division, shall be known as the Division's Temporary
Code Authority (T. C. A.), and as such committee shall select a
nominating committee of three members, which shall cause ballots
to be prepared containing the names of not less than eight nominees,
not more than one of whom shall be from any one member of the
Division, including subsidiaries or affiliates thereof, with blank spaces
for five (5) additional nominees. Said nominees shall be:-fairly
representative of large and small publishers and of other groups in
the Division.
The election shall be subject to such rules as the National Indus-
trial Recovery Board may prescribe. One (1) vote for each office
may be cast by each member of the Division, provided that not less
than fifteen (15) days' notice of such election shall be given to all
known members of the Division: provided further that the majority
of the votes cast for each office shall represent companies whose total
volume of Play and Dramatic Text sales was more than one-half
(1/.) of the total volume of Play and Dramatic Text sales of the
Division in the calendar year next preceding the date of the election.
The term of office of elected members of the Code Authority shall
be one (1) year or until their successors are duly elected and qualified.
Subsequent elections shall be conducted in the same manner as
above outlined, unless the National Industrial Recovery Board, or
the Code Authority, with the approval of the National Industrial
Recovery Board, shall decide that some other method is more desir-
able and effective in giving equal representation on the Code
Authority to all members of the Division.
SECTION 2. In addition to membership as above provided, there
may be one member, without vote, to be known as the Administration
Member, to be appointed by the National Industrial Recovery Board
to serve for such term as the Board may specify, without expense to
the Division.
ARTICLE III-TRADE PRACTICE RULES

RULE 1. No member of the Division shall use advertising of any
nature which knowingly misrepresents in any material particular
a published play or dramatic text or which misrepresents business
policies and terms.
RULE 2. No member of the Division shall use advertising methods
or selling terms which might reasonably be construed to have the
capacity or tendency to deceive or mislead the customer or pros-
pective customer.
RULE 3. No member of the Division shall knowingly withhold or
insert in any quotation or invoice, any statement that makes it in-
accurate in any material particular.
RULE 4. No member of the Division shall defame a competitor by
falsely imputing to him dishonorable conduct, inability to perform
contracts, questionable credit standing, or by other false repre-
sentation, or by falsely disparaging the grade or quality of his goods.
RULE 5. No member of the Division shall give, permit to be given,
or offer to give anything of value for the purpose of influencing or
rewarding the action of any employee, agent, or representative of
another in relation to the business of the employer of such employee,





71

the prihcipal- of such agent, or the represented party, without the
knowledge of such employer, principal or party. This provision
shall not be construed to prohibit free and general distribution of
articles commonly used for advertising except ag far as such articles
are actually used for commercial bribery as hereinbefore defined.
RULE 6. No member of the Division shall wilfully induce or at-
tempt to induce the breach of existing contracts between competitors
~~jd their customers by any false or deceptive means or interfere
with '6r obstruct the performance of any such contractual duties or
services by any such means with the purpose and effect of hamper-
ing, injuring or embarrassing competitors in their business.
RuLE 7. No member of the Division shall violate any provisions
governing piracy of -samples and design which may be adopted by
the Code Athority and approved by the National Industrial Re-
covery Board.











DIVISIONAL CODE E

SUBscRIPTION AND MAIL ORDER BOOK PUBLISHING DIVISION
To effectuate the policies of Title I of the National Industrial
Recovery Act, this Divisional Code is established as a Supplemental
Code of Fair Competition for the Subscription and, Mail Order
Book Publishing Division of the Book Publishing Industry, pur-
suant to the provisions of the Basic Code of Fair Competition for
the said Book Publishing Industry approved by the President of the
United States on October 1, 1934. All provisions of the said Basic
Code which are not in conflict with the provisions of this Divisional
Code are hereby specifically incorporated by reference in this Divi-
sional Code and made a part hereof. Such provisions of the Basic
Code with the supplementing provisions of this Code are the stand-
ards of fair competition for, and are binding upon every member of
the said Subscription and Mail Order Book Publishing Division of
the Book Publishing Industry.

ARTICLE I-DEFINITIONS
SECTION 1. The term Subscription and Mail Order Book Pub-
lishing Division ", as used herein, includes the publication, contract-
ing with authors for the publication of, acquiring copyrights or
salesrights of, contracting for the printing and binding of, or in any
way reproducing for sale, and 'or selling any book or set of books, at
least sixty percent (60%) of the sales of which by any member of the
Division, during the calendar year prior to membership under this
Code, were made by outside salesmen direct to the buyer, and/or
by mail.
SECTION 2. The term "' Division as used herein, includes all mem-
bers of the Division.
SECTION. 3. The term Trade Book ", as used herein, means and
includes, an edition of any book manufactured or published for sale
by bookstores. It does not include, however, editions of trade books
manufactured for sale as the regular monthly selection of a book
club, or editions manufactured and published exclusively for dis-
tribution by members of the Division.
SECTION 4. The terms Subscription and/or l" Mail Order Book ",
as used herein, means and includes an edition of any book manufac-
tured or published primarily for sale by outside salesmen and/or by
mail, direct to the ultimate consumer, not for resale.

ARTICLE II-ORGANIZATION, POWERS AND DUTIES OF THE CODE
AUTHORITY
SECTION 1. A Code Authority shall be established to consist of nine
members, at least one of whom shall be an executive of a Mail Order
Publisher, and at least one of whom shall be an executive of a Book
(72)







Qlub. The Members of the Code Authority shall be selected in the
manner following:
(a) Within twenty days after the effective date hereof, the code
sponsors, who are hereby constituted a Temporary Code Authority
for that purpose, shall conduct the first election for members of the
permanent Code Authority. They shall appoint a nominating com-
mittee consisting of ten persons who shall be executives of members
of the Division, none of whom shall be a member of the Temporary
Code Authority. Such nominating committee shall, by vote of at
least seven of its members, designate as candidates for the office of
Code Authority Member, twenty persons employed in executive ca-
pacities by members of the Division. Said nominees shall be fairly
representative of large and small publishers and of other groups in
the Division. The Temporary Code Authority shall cause ballots to
be prepared containing the names of the twenty nominees selected by
the nominating committee, with blank spaces for nine additional
names. Opposite the name of each nominee on such ballots there
shall be placed the name of the concern with which he may be iden-
tified. No one member of the Division, including subsidiaries and/or
aiffiiates thereof, shall hate more than one member either on the
nominating committee or among the nominees, or upon the Code
Authority.
(b) Said ballots shall be forwarded under registered cover to all
ascertainable members of the Division at least fifteen days, but not
more than twenty-five days, before the date designated for the count-
ing of votes.
(c) In the election of members of the Code Authority, each mem-
ber of the Division shall be entitled to cast one vote for each office;
provided that the majority of the votes cast for each office shall rep-
resent companies whose total volume of gross receipts was more than
one-half of the total volume of gross receipts of the Division in the
calendar year next preceding the date of the election.
(d) Votes may be cast either for any nominee proposed by the
nominating committee or for the voter's individual choice.
(e) Members of the Code Authority shall hold office for one year,
and until their successors are duly elected and qualified.
(f) All elections after the first shall be conducted by the Code
Authority then in office in accordance with the foregoing provisions,
except that all such elections shall be held within the month pre-
ceding the date of expiration of such Code Authority's term of office.
(g) If the Code Authority shall deem it necessary, after the first
election in order to give equitable representation to any Member or
Members of the Division, to provide for the weighting of votes by
volume of gross receipts, or otherwise, it shall prepare a plan of
voting designed to effect such equitable representation, and shall
afford to each Member of the Division adequate opportunity to ob-
ject, in writing, to such plan of voting. Upon approval by the No.
tional Industrial Recovery Board of any plan of voting so prepared,
such plan of voting shall be followed in lieu of the procedure out-
lined in (b) of this Section.
SECTION 2. In addition to membership as above provided, there
Omay be one (1) member, without vote, to be known as Administra-
tion Member, to be appointed by the National Industrial Recovery







Board to serve for such term as the National Industrial Recovery
Board may specify, without expense to the Division.
ARTICLE III-TRADE PRACTICE RULES
RULE 1. No Member of the Division shall list any name as editor,
or contributing editor in such manner as to practice deception on
the public.
RULE 2. No Member of the Division shall use only the last date
of copyright andor eliminate the first copyright date.
RULE 3. No Member of the Division shall designate any edition
of any subscription and,'or mail order book as "teachers' edition",
" school edition ", project edition or use any other edition title
unless such edition title accurately represents a difference in textual
content from the edition of the same book which is most widely
offered for sale.
RULE 4. No Member of the Division shall, with intent to deceive
the public, use or imitate in his business a competitor's exclusive
trade name or trade names.
RULE 5. No Member of the Division shall list in any book or hold
out to the public, either in any form of advertising or by representa-
tions of salespeople, the name of any editor, contributing editor,
contributor, reviewer, or revisor, for the purpose of confusing or
deceiving the buyer as to the extent of the contribution to, or the
responsibility of the editor, contributing editor, contributor, reviewer,
or revisor, for any particular article or department.
RULE 6. No Member of the Division shall use the signature or the
initials of a person under an article which is the same, or essentially
the same, as appeared in a previous edition over the signature or
initials of another.
RULE 7. No Member of the Division shall use advertising or other
representation which refers inaccurately in any material part to any
competitors, or their publications, prices, values, credit terms,
policies, or selling methods.
RULE 8. No Member of the Division shall publish advertising
(whether printed, radio, display, or of any other nature), which is
misleading or inaccurate in any material particular, nor shall any
member in any way misrepresent any goods (including but without
limitation their use, copyright, grade, quality, quantity, origin, size,
substance, character, nature, finish, material, content, or preparation)
or credit terms, values, policies, services, or the nature or form of
the business conducted.
RULE 9. No Member of the Division shall use destructive advertis-
ing, nor through the representations of salespeople or otherwise
bring to the notice of any buyer, or prospective buyer, statements
including comparisons of competing book publications stated to be
based on surveys, questionnaires, or other forms of investigation,
unless the agencies employed to conduct such surveys, questionnaires,
or investigations are accurately described at the same time and in
the same place as the results of such surveys, questionnaires or in-
vestigations, nor unless such surveys, questionnaires, or investigations
were conducted by impartial agencies not associated in any way with
the member advertising or making public the results of such surveys,
questionnaires or investigations. Nothing in this rule shall prevent







anty -memberfroin making or having made such surveys, question-
naires or investigations as he may desire by any agency of his
choosing, provided that in any advertising or other communication
to buyers of the results of such surveys, questionnaires, or investiga-
tions the origination thereof by the member advertising or otherwise
communicating to the buyers the results of such surveys, question-
naires, or investigations shall be clearly set forth and not in any way
qpncealed or disguised.
R~i 10. No Member of the Division shall attempt to induce the
breach of an existing contract between a competitor and his employee
or customer or source of supply; nor shall any member interfere with
or obstruct the performance of such contractual duties or services.
RULE 11. No Member of the Division shall pay any bonus or allow
any employee or representative to pay any bonus to any salesperson
or other employee of another member, for the purpose of inducing
such salesperson or other employee to leave the employ of any mem-
ber and enter that of the member offering or paying such bonus.
RULE 12. No Member of the Division shall secure agents or pro-
spective agents by misleading or dishonest. promises or guarantees
or failure to explain in advance the conditions under which the
guarantee is to be paid, or entice away the agents of competitors by
such means.
fRULE 13. No Member of the Division shall give, permit to be given,
or offer to give, anything of value for the purpose of influencing or
rewarding the action of any employee, agent or representative of
another in relation to the business of the employer of such employee,
the principal of such agent, or the represented party, without the
knowledge of such employer, principal, or party. This provision
shall not be construed to prohibit free and general distribution of
articles commonly used for advertising, except so far as such articles
are actually used for commercial bribery as hereinabove defined.
RULE 14. No Member of the Division shall represent books that
are bound in substitutes for leather as being bound in levant, or in
any way which tends to carry the inference that leather bindings are
used.
RULE 15. No Member of the Division shall sell simultaneously the
same or essentially the same, set of books under different titles, or
under any title that misleads as to content, or that tends to confuse
with some previously published work.
RuzL 16. No Member of the Division shall use the so-called
" raised contract by marking up the price of books, or represent
that the price asked is below the usual price, or that the price will be
increased, when such is not the fact.
RULE 17. No Member of the Division shall offer an extension, a
revision or a continuation service, where the contract made with the
purchaser does not state precisely what the service is; and no Mem-
ber of the Division shall fail to furnish such service to subscribers as
promised without additional cost to the subscribers, unless such
additional cost is stated in the contract.
RULE 18. No Member of the Division shall advertise or represent
to purchasers or prospective purchasers of any book or set of books,
that they are only buying or paying for the supplements or services,
or that purchasers are only buying or paying for services to be
rendered by a research or other bureau, when such is not a fact.







RULE 19. No Member of the Division shall represent that a certain .
number of books have been set aside for advertising purposes to be
given free, when such is not a fact; and no Member of the Division
shall represent that a certain number of selected persons in each
community have been designated by a member of the division to
secure a book or set of books or any form of service free, whefi such
is not a fact.
RULE 20. No Member of the Division shall offer membership in
societies, clubs, and other organizations which in fact do not exit,
in connection with the sale of books; and where a service devoted to
the answering of inquiries is offered, no Member of the Division
shall represent it as a service offered by some organization separate
and apart from the concern selling books, when such organization
does not exist in fact, and,,or actually does not render such service;
and no Member of the Division shall use the names of well-known
authors, editors or authorities in connection with such offers where
such persons do not actually answer or supervise the answering of
inquiries.
RULE 21. No Member of the Division shall allow any salesperson to
represent to any buyer, or prospective buyer, that the books offered
by such salesperson are a specific professional help, published espe-
cially for teachers, or especially for any profession, or that the con-
tents of such books deal mainly, or in any major part, with the
technique or practice of any profession as distinguished from the
subject matter taught, when such is not the fact.
RULE 22. No Member of the Division shall directly or indirectly
make contribution to, or become a member of any public or quasi-
public organization whose functions, or the functions of any sub-
division thereof, include the purchase or the recommendation for
purchase of the publications of any of the Members of the Division.
RULE 23. No Member of this Division or his employee or repre-
sentative shall directly or indirectly pay any compensation, bonus,
or commission, or make any gift to any librarian, teacher, school
official, government or officer of a Parent-Teachers Association, or to
any employee of a library, school, political subdivision, or govern-
mental department, or to any person, for the purpose of securing
recommendations and,,or influencing sales; provided, however, that
this rule shall not be construed to mean that any member of the
division shall be prevented from employing the classes of persons
mentioned herein when such employment is for full time during their
vacation periods, nor shall it prevent the employment of such
persons as bona fide contributors or editors.
RULE 24. Members of the Division who may at any time offer for
sale any trade books as defined in Section 3 of Article I of this Code
shall be bound as to the sale of such trade books by the provisions,
other than administrative provisions, of the Code for Retail Book-
sellers as approved April 13, 1934; provided, however, that, this rule
shall bind the members of the division only within the limits of the
definition of trade books as contained in Section 3 of Article I.
RULE 25. No Member of the Division shall use any advertising
and'or selling methods which tend to deceive or mislead the
prospective purchaser.












DIVISIONAL CODE G
TRADE BOOK PUBLISHING DIVISION
To effectuate the policies of Title I of the National Industrial
Recovery Act, this Divisional Code is established as a Supplemental
Code of Fair Competition for the Trade Book Publishing Division
of the Book Publishing Industry, pursuant to the provisions of the
Basic Code of Fair Competition for the said Book Publishing In-
dustry, approved by the President of the United States on October
1, 1934. All provisions of the said Basic Code which are not in
conflict with the provisions of this Divisional Code are hereby spe-
cifically incorporated by reference in this Divisional Code and made
part hereof. Such provisions of the Basic Code with the supplement-
ing provisions of this Code are the standards of fair competition for,
and are binding upon every member of the said Trade Book Publish-
ing Division of the Book Publishing Industry.

ARTICLE I-DEFINITIONS
SECTION 1. The term Trade Book Publishing Division as used
herein includes the publication and sale of, the business of contract-
ing with authors for, acquiring copyrights of, and contracting for
the printing and binding of trade books, by those who distribute
trade books predominantly to wholesale and retail outlets.
SECTION 2. The term "Trade Books as used herein, includes all
books sold primarily at retail, with the exception of books included
in other divisions of the Basic Code.
SECTION 3. The term Division as used herein, shall include all
members of the Division.
SECTION 4. The term Dealer" as used herein, means any person,
firm, association, or corporation, doing business at wholesale or
retail, whether or not controlled by a member of the Division
through stock ownership or otherwise, to whom or to which a mem-
ber of the Division furnishes trade books in the course of distribu-
tion, for cash, on whole or partial credit, on consignment, or on any
other arrangement or understanding.
SECTION 5. The term Wholesaler as used herein, means a dealer
who maintains a regular warehouse, carrying a general stock of
books in sufficient volume to give general wholesale service to the
retail trade.
SECTION 6. The term "Publication Date" as used herein, means
the date of the formal release of a book by its publisher for resale by
the retail trade.
SECTION 7. The term "Format" as used herein, means (a) the
size or shape of the page of a book; and/or (b) the color and pat-
tern of the cloth used in the binding; and/or the stamping on the
cover of a book.
(77)







ARTICLE TI-ADMINISTRATIVE PROVISIONS

SECTION 1. A Code Authority is hereby established for the Trade
Book Publishing Division, consisting of nine persons to be elected
by members of the Division by ballot (cast by registered mail or by
proxy) from among the personnel of such members.
The sponsors of this Code, representing the majority of the mem-
bers of the Division, shall be known as the Division's Temporary
Code Authority, (T. C. A.) and as such committee shall select a
nominating committee of. not less than three members, which shall
cause ballots to be prepared containing the names of twenty nomi-
nees, not more than one of whom shall be from any one member of
the Division, including subsidiaries or affiliates thereof, with blank
spaces for nine additional nominees. Said nominees shall be fairly
representative of large and small publishers and of other groups in
the Division.
The election shall be subject to such rules as the National Indus-
trial Recovery Board may prescribe. One vote for each office may
be cast by each member of the Division, provided that not less than
fifteen days' notice of such election shall be given to all known mem-
bers of the Division; provided further that the majority of the votes
cast for each office shall represent companies whose total volume of
trade book sales was more than one-half of the total volume of trade
book sales of the Division in the calendar year next preceding the
date of the election.
The term of office of elected members of the Code Authority
shall be one year or until their successors are duly elected and
qualified.
Subsequent elections shall be conducted in the same manner as
above outlined, unless the National Industrial Recovery Board, or
the Code Authority, with the approval of the National Industrial
Recovery Board, shall decide that some other method is more de-
sirable and effective in giving equal representation on the Code
Authority to all members of the Division.
SECTION 2. In addition to membership as above provided, there
may be one member, without vote, to be known as the Administra-
tion Member, to be appointed by the National Industrial Recovery
Board to serve for such term as the National Industrial Recovery
Board may specify, without expense to the Division.
SECTION 3. The Code Authority shall appoint a subcommittee to
consist of not less than three or more than five members, to confer
with a committee selected under the rules to be made by the National
Industrial Recovery Board, to act on all questions arising under
this Divisional Code or otherwise, which may affect retail book-
sellers, and a similar subcommittee to act on all questions arising
under this Divisional Code or otherwise, which may affect edition
book manufacturers, and may appoint such other subcommittees as
it may consider necessary to facilitate the administration of this
Divisional Code and its relations with other individuals, groups,
entities, or organizations.





79

ArRTi cE 111 -TRADE PxRATICE RULES

RULE 1. No discounts from list prices shall be allowed on regular
editions (whether original, cheaper editions, or reprint) of trade
books except to the following entities: (a) to wholesalers; (b) to
retailers carrying a general stock of books; (c) to rental libraries;
(d) to authors, underwriters and/or financial sponsors of their own
books and to publishing houses and/or their employees, but in no
case for resale; (e) to book-clubs, state reading circles and sub-
scription and mail order houses, for resale purposes only; (f) to
public libraries, schools and school libraries, colleges and college
libraries, church libraries, charitable organizations, and other public
agencies for institutional and/or institutional library purposes only.
Special editions, except as provided in Rules 7 and 8, shall be
in a different format from regular trade edition, and shall not be
sold in the wholesale and/or retail book trade.
Special editions shall not be deemed to include bona fide de luxe
limited editions.
RuLE 2. Without special written permission of the Code Author-
ity or of some agency duly designated for such purpose by it, no
cheaper edition than the original regular trade edition of any copy-
right non-fiction book may be issued until one year after its publica-
tion date in the United States, nor may a popular reprint thereof,
to retail at one dollar or less, be issued until two years or more after
date of its original publication without such permission.
RULE 3. A cheaper edition than the original regular trade edition
of a copyright both of fiction or a popular reprint thereof, may not
be issued until one year after the original publication date.
RULE 4. In all cases cheaper editions of copyright books, retail-
ing at one dollar or less, shall state plainly on the front or front
flap of the jacket that the reduction in price has been possible by
(a) the use of plates made for an original edition at least
years ago and/or (b) the acceptance by the author of a reduced
royalty or some similar brief statement of fact approved by the
Code Authority.
RULE 5. Any edition of a book included under Rules 2 and 3 of
this Article which is to be reproduced in motion pictures or as a
stage play before the lapse of time specified in said subheads, re-
spectively, may be issued by the publisher (who may also lease plates
to others for this purpose) if clearly marked "photoplay edition"
or "dramatic edition"; provided, however, that in such cases com-
plete credit or allowance shall be made to dealers, wholesale and/or
retail, on such stock of the original edition as they may then have
on hand.
RULE 6. Within two years of the publication date in the United
States, no book shall be sold as a premium to any newspaper or
periodical if the price of the combination offer is less than one and a
half times the list price of the book. No book shall be sold as a
premium, whether given before the consummation of a subscription
or afterwards, to anyone within two years of the publication date
in the United States unless it shall be in a format readily distinguish-
able, as to the binding and jacket, from the regular trade edition
and without price on the wrapper or in the book.







Any book given before the consummation of a subscription or
afterwards, .in the form of a so-called "book dividend" shall be
considered to be a premium.
RuLm 7. Nothing in this Article shall be deemed to prevent a pub-
lisher from making available an educational edition in the same
format as a trade book at a list price not lower than seventy-five
percent (75%) of the list price of the regular trade edition.
Ru E 8. Where trade books are sold within one year from first
publication in the United States in special editions to bona fide book
clubs for distribution through subscription, or where plates are
leased to them for the making and issuance of special editions and
their distribution through subscription, such sale or lease shall be
made only when subject to the written conditions: First, that such
special edition will, in turn, be issued or distributed only to con-
sumers who will bind themselves in writing to subscribe to a series
of selections made monthly or at other regular stated periods; second,
that in advertising such special editions in newspapers and/or peri-
odicals of general circulation, or otherwise to the general public,
comparisons with the price of the regular edition of the same title
shall not be made during the first six months after the date of orig-
inal publication, or if published before July 1 of any year, until
January 1 of the following year.
RULE 9. No overstock shall be sold as a remainder by the publisher
until such stock shall have been on sale for two Christmas seasons, if
it be fiction, or for two years after publication, if it be nonfiction;
provided, that in case a bona fide cheaper edition has been issued,
remainders of neither the original edition nor the cheaper edition
shall be sold until two years after the issue of the cheaper edition;
and provided further, that no rebates shall be made to a dealer, or
any consideration be granted that would permit any such book to be
remaindered within the above periods. All books sold as remainders
shall (a) either state plainly on the front of the jacket that the book
is sold at a reduced price because it is a remainder, or (b) shall not be
sold with, or the purchaser be furnished with, a printed jacket or
wrapper.
RULE 10. No remainder of any book originally published or copy-
righted in the United States prior to the effective date of this Divi-
sional Code shall be sold at less than fifteen percent (15%) of the
publisher's original list price, nor shall a remainder of any book
originally published or copyrighted in the United States subsequent
to the effective date of this Divisional Code be sold at less than
twenty percent (20%) of the publisher's original list price, except
that sales at prices below the above limits may be made to a reprint
house which is bringing out a bona fide cheap edition of said book at
not less than seventy-fve cents (75t) a copy, and which shall not
put such remainder on sale to the public earlier than the agreed date
for issuing the bona fide reprint edition; provided, that where there
shall be published a bona fide edition at a reduced price the minimum
remaindering price, as limited by such percentages, shall be in rela-
tion to the price of the cheaper edition.
RULE 11. Rules 9 and 10 shall not apply to any imported non-
copyrighted books.






81

RULE 12. No member of the Division shall, with intent to deceive,
reproduce in facsimile or imitate, or deliberately employ the format
or design of a book already on, the list of another publisher.
RunE 13. No member of the Division shall place or obtain adver-
tising or publicity which intentionally misstates or distorts material
facts.
RULE 14. No member of the Division shall place or obtain adver-
tising or publicity which shall defame a competitor by falsely dis-
paraging his product or method of doing business.
RULE 15. No member of the Division shall place or obtain adver-
tising or publicity in newspapers and/or periodicals of general cir-
culation, or otherwise advertise to the general public any statement
which makes, or which suggests, comparison between the prices of
reprints or other special editions and regular trade editions of any
one particular book, during the first six months after the date of
original publication, or if published before July 1st of any year, until
January 1st of the following year.
This rule applies to all trade book publishing individuals, partner-
ships, associations, corporations, or any other form of enterprise
engaged therein directly or indirectly, and includes any subsidiary
enterprise except retail bookstores owned or controlled in whole or in
part by any member of the Division, whether the form of said owner-
ship or control be through holding companies, stock ownership or
otherwise whatsoever.
RULE 16. No member of the Division shall have books especially
printed, or lease out plates, or grant other rights for reproduction of
books, where the purpose thereof is the disposal of such books as
so-called remainders.
RULE 17. No member of the Division shall secretly offer or make
any payment or allowance of a rebate, refund, commission, credit
unearned discount, or excess allowance, whether in the form of
money or otherwise for the purpose of influencing a sale; or offer or
extend to any customer any special service or privilege not extended
to all customers of the same class; or perform any act of unfair
discrimination in effecting sales or conducting business with his
customers.
RULE 18. Concurrently with the provisions of Section 3 (a) of the
Retail Booksellers Division of the Retail Code, no member of the
Division shall fail to state, publish, establish and announce on the
wrapper, and to quote upon application, the list ", i.e. published"
price of any book available for sale, except special editions.
RULE 19. No member of the Division shall intentionally fail to
state on publisher's invoice and/or original bill the date of publi-
cation or release for sale of any forthcoming book.
RULE 20. No member of the Division shall publish advertising
(whether printed, radio, display, or of any other nature) or other
representation which is misleading or inaccurate in any material
particular; nor shall any member in any way misrepresent any com-
modity (including but without limitation, its use, grade, quality,
origin, size, finish, material, content, or preparation) or credit terms,
values, policies, services, or the nature or form of the business
conducted.






RULE 21. No member of the Division shall use advertising or sell-
ing methods or credit terms which might reasonably be construed to
have the capacity or tendency to deceive or mislead the customer or
prospective customer.
RULE 22. No member of the Division shall knowingly withhold
from any quotation or invoice any statement that makes it inac-
curate in any material particular, or knowingly insert in any quota-
tion or invoice any statement that makes it inaccurate in any ma-
terial particular.
RULE 23. No member of the Division shall defame a competitor by
falsely imputing to him dishonorable conduct, inability to perform
contracts, questionable credit standing, or by other false representa-
tion, or by falsely disparaging the grade or quality of his goods.
RULE 24. No member of the Division shall publish or circularize
unjustified or unwarranted threats of legal proceedings which tend
to or have the effect of harassing competitors or intimidating their
customers.
RULE 25. No member of the Division shall give, permit to be given,
or offer to give, anything of value for the purpose of influencing or
rewarding the action of any employee, agent, or representative of
another in relation to the business of the employer of each employee,
the principal of such agent or the represented party, without the
knowledge of such employer, principal, or party. This provision
shall not be construed to prohibit free and general distribution of
articles commonly used for advertising except so far as such articles
are actually used for commercial bribery, as hereinabove defined.
RULE 26. No member of the Division shall wilfully induce or at-
tempt to induce the breach of existing contracts between competitors
and their customers by any false or deceptive means, or interfere
with or obstruct the performance of any such contractual duties or
services by any such means, with the purpose and effect of hamper-
ing, injuring or embarrassing competitors in their business.
RULE 27. NO member of the Division shall violate any provisions
governing piracy of samples and designs which may be adopted by
the Code Authority, but all such provisions shall be subject to the
approval of the National Industrial Recovery Board.
RULE 28. No member of the Division shall remainder any title,
either in whole or in part, without inunediately notifying in writ-
ing the Code Authority to that effect; but this provision shall not
be construed to obligate any member of the Division to give any
credit for, refund, or rebate on, or to accept return of any copies
of such title which any retail bookseller may have in stock.
RULE 29. NO member of the Division shall sell books to any retail
bookseller who knowingly fails to maintain the publication date of
any book.
RULE 30. No member of the Division shall knowingly permit the
reproduction of any copyrighted material, except as already allowed
by law, in mimeograph, or multigraph form except for bona fide
publicity purposes, and/or knowingly permit the use of any copy-
righted material, except as already allowed by law, in any other
form, except for bona fide publicity purposes, without making rea-
sonable and adequate charge therefore.







RULE 31. No member of the Division shall publish in English any
book, whether imported or not, under a substantially different title
from that under which the book shall have been previously published
in English in any periodical, newspaper serial, or other form what-
soever for sale, irrespective of where previously published, unless a
notice of the previously used title or titles shall be printed in not
smaller than twelve-point type on the front flap of the jacket and
the copyright page of the book.
RULE 32. Whenever a member of the Division publishes in book
form a manuscript which has previously appeared in a magazine or
otherwise, either complete or substantially complete, in fewer than
three serial parts, said member of the Division must print in bold-
face type in not less than 18-point on the front of the jacket and in
not less than 10-point type on the copyright page, the fact of such
prior publication in less than three issues and the title under which
it was previously published, if different from the book title.
RULE 33. No member of the Division shall use any subterfuge to
evade or frustrate the intent and,.'or spirit of this code.





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