# Primary Sources on Copyright - Record Viewer
Contract between Schiller and Cotta, Jena / Tübingen (1794)

Source: MS in the German Literature Archive (DLA) Schiller National Museum in Marbach, Cotta archive. A transcription has been published in: Stephan Füssel, Schiller und seine Verleger (Frankfurt: Insel, 2005), 324-327

Citation:
Contract between Schiller and Cotta, Jena / Tübingen (1794), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

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4 translated pages

Chapter 1 Page 1



Contract concerning the monthly literary journal,
entitled “Die Horen”,
which will appear under the supervision of
Hofrat* Schiller.


      1. An issue of the journal will appear every month, consisting
of 8 sheets on average, printed in German type, each page having 30
lines.

      2. All essays included in it must deal with either historical or
philosophical or aesthetic
matters, and should also be comprehensible
to the general reader.

      3. It is the Editor’s responsibility to ensure that each issue
includes something from each of these 3 areas.

      4. A small Committee of 5 members will judge the articles that
are received, and in each case a majority verdict will decide whether
an article is accepted for publication.

      5. Neither the Committee nor the Editor have the right to make
changes to the contributions received: they must instead always send
them back to the author if something therein requires amendment.

      6. The minimum fee is 3 louis-d'or, the maximum, 8 louis-d'or.
The average fee is 5 louis-d'or. The fee for each article will be
decided on by a majority vote in the Committee, except where it is
already specified in the contributor’s particular contract.

      7. The contributors are either permanent or temporary.
There must always be at least 12 permanent contributors. Each of
the former will receive 3 issues of the monthly journal for free,
whilst each of the latter will receive 1 free issue.

______________

*) An important title (approx. equivalent to ‘Privy Counsellor’)
with which civil servants in the German principalities were rewarded.
It was conferred on Schiller in 1790 through the mediation of the
Duke of Weimar in recognition of his literary achievements - Tr. note.


Chapter 1 Page 2


      8. An article which has been published in “Die Horen” may
only be printed elsewhere after 4 years have elapsed.

      9. The Publisher of “Die Horen” has the right of first
refusal of any other works written by the permanent contributors,
except where they had already bound themselves by other contracts
drawn up before “Die Horen” was founded.

      10. [In addition to the fees for his articles], the Editor
will also receive 100 ducats extra.

      11. The 4 other members of the Committee responsible for
selecting articles, will each receive 10 louis-d'or extra every
year for their efforts as critics.

      12. Payment of the fee is due as soon as the articles are
published, except where the author has arranged otherwise.

      13. Postage expenses for the journal will be borne by the
Publisher.

      14. Anonymous articles will not be accepted.

      15. If more than 2000 copies of any month’s issue of the
journal are sold, the Publisher will hand over to the Editor
and the Committee a third of the profits for each copy sold
above this number. The Editor will receive half of this dividend,
and the rest will be shared out between the Committee.

      16. In the case that this enterprise should thrive and
that the Publisher should wish to use part of his surplus profit
to further encourage the journal’s contributors,


Chapter 1 Page 3


each year a Prize of, say, 30 or 50 louis-d'or may be awarded for
the article which the Committee deems to be the most important
of that year.

      17. The names of the members who form part of the Committee
are not to be disclosed, although their names will, of course,
appear in the list of permanent contributors.

      18. All contributors agree to use the orthographic conventions
adopted by the journal.

      19. Articles which contain either personal attacks or derogatory
remarks on Institutions which stand in public esteem, will not be
accepted by the journal.

      20. If the Editor should die, the contract is to be renewed with
the surviving Committee members. The articles, however, which have
already been received and selected are to be paid according to the
previously agreed fee.

      21. If the journal should outlive the present Editor, his widow
will receive 10 percent of the fees paid out to its contributors.

      22. If the Publisher should die or withdraw from the journal,
that which is stipulated in clause 20 regarding articles which have
already been received, still holds.

      23. Provided the obligation mentioned in clause 22 is fulfilled,
the Publisher can cancel his participation in the journal without
any notice, whereas the permanent contributors must give half a year’s
notice.


Chapter 1 Page 4


      24. The price of the journal is 5 thaler 8 groschen (Leipzig
rate) for a whole year’s set of issues. Sold separately, the
price of each issue is 12 groschen.

      25. At the beginning of each year a list of the subscribers,
including their names, will be published, unless they have arranged
otherwise.

      26. Payments are to be made in ‘Convention’-money, whereby
the ‘Convention’ thaler works out at 1 Imperial thaler 8 groschen
(Leipzig rate).

      27. The publishing-house has to decide at the latest by the
beginning of July 1795 whether it is prepared to undertake
publication of the journal. Should it fail to do so by that date,
the contributors who have committed themselves to the journal have
the right to cancel their obligations towards the publishing-house.

      28. As soon as the Cotta publishing-house agrees to bring out
“Die Horen”, all articles already received by then will be judged
in due order by the Committee, and those that are selected will be
treated as stipulated in clauses 20 and 22.

      29. As regards [our] true commitment to publish the journal,
this contract comes into force only as from the day it has been
signed.

                        Jena, 28th May 1794


                        J.G. Cotta publishing-house                  Friedrich Schiller
                              of Tübingen

                                    J.F. Cotta


Translation by: Luis A. Sundkvist

    

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