- ·Dear Mr. G.,
I am approaching you at
the suggestion of Tom Wallace, a friend dating
back to my earliest days in NY publishing; that
is, the 60s.
-
The matter in which I ask
whether you can assist is the following.
In 1966 I signed a
contract with Farrar, Straus & Giroux as Scout
and editor for books in the German language. The
contract called for participation on my part once
a book had sold in excess of 5,000 copies of 1 %,
and in the event of paperback and book club sales
of 2 %.
-
Things went well initially. Two of the first
three authors were Nobel Prize winners. Nelly
Sachs, whose OH THE CHIMNEYS selection of poetry
and one play and introduction by Hans Magnus
Enzensberger I put together translating 65 poems
myself; and a ten book contract for Hermann Hesse
where three of the translations (done previously
for the deceased editor Roger Klein at Harper
& Row) were ready to be published: Ursule
Molinaro's of NARCISS & GOLDMUND, and mine of
PETER CAMENZIND & BENEATH THE WHEEL. All of
these first ten titles were sold to Bantam Books
for handsome advances, NARCISS for $ 500,000.
CAMENZIND and BENEATH THE WHEEL for 250,000. however,
as it turned out, I received accounting and the
agreed royalties only on the first five of the
first ten book contract ..as I discovered only
recently.
-
I recall buying a
Napoleon style raincoat in Paris and turning it
over to author Peter Handke in 1971 when he was in
need and was indeed an early conqueror of sorts
and how we (his wife and buddy Kolleritch of SHORT
LETTER, LONG FAREWELL fame, and I) were amused
how well the coat suited him and how excellently
he struck the emblematic pose).
-
Shortly
before leaving Farrar, Straus in 1969 to represent
Suhrkamp Verlag through the literary agency of
Lantz & Donadio Roger Straus and I negotiated
a second 10 book contract with Suhrkamp. The
selection was mine, especially keen I was on Hesse
letters many of which advised those who had
approached him to find someone but not him as a
leader preferably to become inner-directed (a
selection which FSG eventually published). Since I
knew of F.S.G.'s reluctance to commit large
amounts to advances I managed to get both parties
to come together at the sum of $ 5,000 per title
on signing, that is, a total of $ 50,000; and this
was the one time I had lunch at the Four
Seasons - the Suhrkamp New York agent, whom
I had no idea I might replace on her resigning the
account, was the Berliner Joan Daves, whom I much
liked for that 30s stylishness, and whose husband
Ashton I would later use as translator for Adorno
as senior editor at Continuum Books; but I paid no
attention to the tip however chintzy that Roger
Straus left - this detail is an allusion that will
become clearer upon reading my comments on
Roger Straus on the occasion of Jonathan Galasie's
review of Boris Kachkas recent biography of Farrar,
Straus & Giroux
- http://artscritic.blogspot.com/2013/07/roger-straus-robert-giroux-jonathan.html
-
Leaving FSG in 1969 with
so many titles I had been instrumental in
acquiring still to be published meant leaving as
it were mid-pipeline.
-
One question that was
never addressed was the accounting for authors
whom I secured for the firm and who subsequently
published numerous books through that firm, of
which one, Peter Handke, was especially
productive and remunerative.
Within the year of
representing Suhrkamp I had a call from Roger
Straus saying I ought not to double-dip the second
Hesse contract (which actually was not running
over Lantz-Donadio yet though it was expected to
do so), and after consulting with Candida Donadio
(who agreed with Straus who represented this as an
ethical matter), I agreed. Near simultaneously
Straus suggested why not take a snap shot of the
books on which you are then {that is, in 1970)
receiving royalties, and since there was no
particular reason to say no to that we signed a
list of that kind to that effect. piece of paper
which, (for all I know I know since the firm
refuses to reply to my queries) I believe was a
trick, although I never conceived that someone who
was making millions from books I had brought him
would actually screw me; a wishful delusion since
in fact I had had two warning signs that all
might not be well on that score.
-
However, the 2nd 10 book
Hesse contract then never ran through
Lantz-Donadio, and so I did not even manage to dip
once. When I called Roger Straus' attention to
that state of affairs once I returned from Mexico
in mid-90s he refused to answer, as has his
successor Jonathan Galassi or Holzbrinck, the new
owner, and John Sargent the head of Macmillan
U.S.A. who overeas the U.S part of the
conglomerate.
-
And, as I discovered
recently on checking the Hesse bibliography and
what accounting I did receive, I did not receive
an accounting or the payments due on the second
half of the first ten book contract either. Moreover,
FSG is now halving the 1 per cent on some titles,
and the person who makes out these statements,
Victor Wernicki, has not replied to my queries
either.
- Victor Wernicki
-
Nor have I received
accounting ever on Nossack's THE IMPOSSIBLE PROOF,
which went into a second printing, nor on the
Nelly Sachs OH THE CHIMNEYS which sold in excess
of 7,500 copies and had book club sales, nor on
Christa Wolf's THINKING ABOUT CHRISTA T. , which
had paperback sales, nor on Handke's RIDE ACROSS
LAKE CONSTANCE & OTHER PLAYS, which though in
the works in 1970 was not published until the
mid-70s, and consists entirely of my translations.
Nor of any of the Peter Handke titles, even though
many of them were sold to paperback in many
editions,
-
I myself left the
Lantz-Donadi agency and the representation in
1971, chiefly because Dr. Unseld, the head of
Suhrkamp, had made himself unrepresentable by
seeking to breach the agreed upon terms for mass
paperback splits between Suhrkamp and Farrar,
Straus of the first Hesse contract; and that was
the main reason the 2nd Hesse contract had not
been finalized, and so I did not get to dip a
single time on that; and the contract then ran I
believe over my successor, the now deceased Kurt
Bernheim, a matter easily ascertained by
contacting the person who handles rights at
Suhrkamp Verlag, Dr. Petra Hardt.
-
-
- So much for the background.
One problem, caused by an
act of God, is that all my contracts were
inundated during the 2006 autumn storm that hit
Seattle and flooded my basement room. Thus you
would be flying blind but for the copies of
statements I receive bi-annually unless you could
obtain a copy of the underlying agreement from
Farrar, Straus, although I imagine they would have
to produce them. There exist of course the
Suhrkamp contractual records I believe the
Lantz-Donadio records fell victim to a warehouse
fire. I don't know the status of the files of Kurt
Bernheim's records, the now deceased fondly
recalled agent who succeeded me in representing
Suhrkamp. and through whom the second ten book
contract then finally ran.
-
The other problem is that
I am living on appr. $ 1,000 a month - a small
legacy disappeared while I was in Mexico in 1994
and if I had it I probably would not bother, even
though I am obviously out hundreds of thousands of
dollars going back to the 70s.
-
Thus all I can offer you
is that you sue for all you feel you can sue for,
plus compound interest and penalties, and Saudi
Arabian lashes! and if there is anything left over
give me half and the other half to the P.E.N. USA.
They were designated already in my now disparu
legacy upon my demise.
I have a number of books
to sell and complete, and film scripts, and berate
myself for not pursuing placement of one
especially feasible screenplay while I was in the
Los Angeles in the early 90s.
If I were in New York I
would bring suit myself; and have the hunch that a
judge would be more sympathetic to my case if I
brought it per se. i mean I brought huge riches to
that firm and lack the finances to repair my
teeth. I would pillory that firm and its current
editor in chief, Jonathan Galassi, like me a translator
and scholar and poet, for failing to make good on
my contract.
-
Even if I were in New
York I would have to pay $ 10 K to bring suit in
Federal Court, a sum I have not had in my account
for more than ten years; although NY State court
would be the way to go since the contract was
drawn and executed there.
-
I
quite understand about time and that the
proposition might just be too iffy, in which case
you might be so kind as to provide one or the
other suggestion if you have any.
Very truly yours,
Michael
Roloff
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