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This file contains:
To: Kent Smith. From: Frank DeMarco. Re: The Richard Nixon Foundation. [Letter], 10/14/1970
5 pages. To: The Richard nixon Foundation. From: Funk & Wagnall, a Division of Reader's Digest Books, Inc. Re: Payment of Royalties. [Letter], 9/1/1970
To: John Dean. From: Bruce Lee. Re: Copyright form for the copyright office. [Letter], 9/25/1970
Application for Registration of a Claim to Copyright. 2 pages. [Form], 9/30/1970
To: Frank DeMarco. From: John Dean. Re: Deed of gift of the Publishing Royalties. [Letter], 9/24/1970
To: John Dean. From: Bruce Lee. Re: Agreement between Funk & Wagnalls and the Nixon Foundation. [Letter], 9/22/1970
To: Bruce lee. From: Frank DeMarco. Re: The Richard Nixon Foundation. [Letter], 9/21/1970
Deed of Gift of Publishing Royalties. 6 pages. [Report], n.d.
To: Bruce Lee. From: John Dean. Re: Regarding the publication of "Setting the Course". [Letter], 9/11/1970
To: Frank DeMarco. From: John Dean. Re: Agreement prepared by Funk & Wagnalls. [Letter], 9/8/1970
To: John Dean. From: Bruce Lee. Re: Draft letter of agreement. [Letter], 9/2/1970
To: The Richard Nixon Foundation. From: Funk & Wagnalls. Re: Payment by Funk & Wagnalls as publisher of "Setting the Course". 5 pages. [Letter], n.d.
To: John Dean. From: Bruce Lee. Re: Draft a letter of agreement. [Letter], 8/23/1970
To: John Dean. From: Bruce Lee. Re: Discuss the contract with Miss Thomas. [Letter], 8/19/1970
To: Bruce Lee. From: John Dean. Re: Legal implications of publishing "Setting the Course". [Letter], 8/17/1970
To: Mr. Krogh. From: Bruce Lee. Re: Contractual problems of the book "Setting the Course". [Letter], 8/12/1970
To: Richard Nixon. From: Hobart Lewis of Funk & Wagnalls. RE: Letter to set forth the terms of agreement. 3 pages. [Letter], 7/10/1970
To: Hobart Lewis. From: Jim Keogh. Re: Contract for "Setting the Course" should be sent to Egil Krogh. [Letter], 7/15/1970
To: James Keogh. Re: Enclosed draft letter from Funk & Wagnalls to the President. [Letter], 7/14/1970
Handwritten notes. 2 pages. [Memo], n.d.
To: Kathy Timberlake. Re: Concern with your well being. Duplicate not scanned. [Letter], 7/2/1971
To: Rose Mary Woods. From: John Dean. Re: Suggested Response to Letter from Katherine Timberlake. [Memo], 6/30/1971
From: John Dean. Re: Rose Woods. [Memo], n.d.
To: John Dean. From: Bruce Kehrli. Re: Changes in Letter. [Memo], 6/29/1971
To: HR Haldeman & Rose Mary Woods. From: John Dean. Re: Suggested Response to Letter from Katherine Timberlake. 2 pages. [Memo], 6/23/1971
To: Nixon. From: Kathy Timberlake. Re: Life existance has become unbearable. [Letter], 6/1/1971
To: Gertrude Hansen. From: John Dean. Re: Thanks for letter regarding Kathy Timberlake. [Letter], 6/23/1971
To: Francis Brown. From: John Dean. Re: Thanks for letter regarding Kathy Timberlake. [Letter], 6/23/1971
To: Lillian Guthrie. From: John Dean. Re: Thanks for letter regarding Kathy Timberlake. [Letter], 6/23/1971
To: Maria Ruiz. From: John Dean. Re: Thanks for letter regarding Kathy Timberlake. [Letter], 6/23/1971
To: Phillip Star. From: John Dean. Re: Thanks for letter regarding Kathy Timberlake. [Letter], 6/23/1971
To: Mrs. Burns. From: John Dean. Re: Thanks for letter regarding Kathy Timberlake. [Letter], 7/20/1971
To: John Dean. From: Jerry Warren. Re: Katherine Timberlake. [Memo], 6/3/1971
To: Ron Ziegler. From: Jerry Warren. Re: Kathy Timberlake's letter to the Santa Rosa newspaper. [Letter], 6/2/1971
Invitation to Mr. and Mrs. Phillip Milhous 30th Wedding Anniversary. [Letter], 3/4/1970
Thinking of You Card [Letter], n.d.
To: Frances & Philip Timberlake. Re: Affectionate Regards. [Letter], 5/18/1971
Question and answer session with Mr. Ziegler. [Memo], n.d.
Nixon's Cousin. Written by unknown author for unknown newspaper. Not scanned. [Newspaper], n.d.
To: Frank DeMarco. From: John Dean. Re: Survey the President's property at San Clemente. [Letter], 6/4/1971
To: John Dean. From: Frank DeMarco. Re: Presidential Papers. 2 pages. [Letter], 8/16/1971
To: Frank DeMarco. From: Weston Johnson. Re: Ownership of memo generated by the executive department of the federal government. [Memo], 09/31/1971
The Paper Trust. By Bernard A. Weisberger. Not scanned. [Other Document], n.d.
Gross Estate, Martial Deduction, Taxable Estate, Estate Tax, & Tax Saving. [Financial Records], n.d.
Scholar Source Context
Document identity
localId
26126590
label
WHSF: Returned, 23-8
core
doc
dtoType
document
citationUrl
pageCount
1
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id
26126590
sourceUrl
contentType
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title
WHSF: Returned, 23-8
description
This file contains:
To: Kent Smith. From: Frank DeMarco. Re: The Richard Nixon Foundation. [Letter], 10/14/1970
5 pages. To: The Richard nixon Foundation. From: Funk & Wagnall, a Division of Reader's Digest Books, Inc. Re: Payment of Royalties. [Letter], 9/1/1970
To: John Dean. From: Bruce Lee. Re: Copyright form for the copyright office. [Letter], 9/25/1970
Application for Registration of a Claim to Copyright. 2 pages. [Form], 9/30/1970
To: Frank DeMarco. From: John Dean. Re: Deed of gift of the Publishing Royalties. [Letter], 9/24/1970
To: John Dean. From: Bruce Lee. Re: Agreement between Funk & Wagnalls and the Nixon Foundation. [Letter], 9/22/1970
To: Bruce lee. From: Frank DeMarco. Re: The Richard Nixon Foundation. [Letter], 9/21/1970
Deed of Gift of Publishing Royalties. 6 pages. [Report], n.d.
To: Bruce Lee. From: John Dean. Re: Regarding the publication of "Setting the Course". [Letter], 9/11/1970
To: Frank DeMarco. From: John Dean. Re: Agreement prepared by Funk & Wagnalls. [Letter], 9/8/1970
To: John Dean. From: Bruce Lee. Re: Draft letter of agreement. [Letter], 9/2/1970
To: The Richard Nixon Foundation. From: Funk & Wagnalls. Re: Payment by Funk & Wagnalls as publisher of "Setting the Course". 5 pages. [Letter], n.d.
To: John Dean. From: Bruce Lee. Re: Draft a letter of agreement. [Letter], 8/23/1970
To: John Dean. From: Bruce Lee. Re: Discuss the contract with Miss Thomas. [Letter], 8/19/1970
To: Bruce Lee. From: John Dean. Re: Legal implications of publishing "Setting the Course". [Letter], 8/17/1970
To: Mr. Krogh. From: Bruce Lee. Re: Contractual problems of the book "Setting the Course". [Letter], 8/12/1970
To: Richard Nixon. From: Hobart Lewis of Funk & Wagnalls. RE: Letter to set forth the terms of agreement. 3 pages. [Letter], 7/10/1970
To: Hobart Lewis. From: Jim Keogh. Re: Contract for "Setting the Course" should be sent to Egil Krogh. [Letter], 7/15/1970
To: James Keogh. Re: Enclosed draft letter from Funk & Wagnalls to the President. [Letter], 7/14/1970
Handwritten notes. 2 pages. [Memo], n.d.
To: Kathy Timberlake. Re: Concern with your well being. Duplicate not scanned. [Letter], 7/2/1971
To: Rose Mary Woods. From: John Dean. Re: Suggested Response to Letter from Katherine Timberlake. [Memo], 6/30/1971
From: John Dean. Re: Rose Woods. [Memo], n.d.
To: John Dean. From: Bruce Kehrli. Re: Changes in Letter. [Memo], 6/29/1971
To: HR Haldeman & Rose Mary Woods. From: John Dean. Re: Suggested Response to Letter from Katherine Timberlake. 2 pages. [Memo], 6/23/1971
To: Nixon. From: Kathy Timberlake. Re: Life existance has become unbearable. [Letter], 6/1/1971
To: Gertrude Hansen. From: John Dean. Re: Thanks for letter regarding Kathy Timberlake. [Letter], 6/23/1971
To: Francis Brown. From: John Dean. Re: Thanks for letter regarding Kathy Timberlake. [Letter], 6/23/1971
To: Lillian Guthrie. From: John Dean. Re: Thanks for letter regarding Kathy Timberlake. [Letter], 6/23/1971
To: Maria Ruiz. From: John Dean. Re: Thanks for letter regarding Kathy Timberlake. [Letter], 6/23/1971
To: Phillip Star. From: John Dean. Re: Thanks for letter regarding Kathy Timberlake. [Letter], 6/23/1971
To: Mrs. Burns. From: John Dean. Re: Thanks for letter regarding Kathy Timberlake. [Letter], 7/20/1971
To: John Dean. From: Jerry Warren. Re: Katherine Timberlake. [Memo], 6/3/1971
To: Ron Ziegler. From: Jerry Warren. Re: Kathy Timberlake's letter to the Santa Rosa newspaper. [Letter], 6/2/1971
Invitation to Mr. and Mrs. Phillip Milhous 30th Wedding Anniversary. [Letter], 3/4/1970
Thinking of You Card [Letter], n.d.
To: Frances & Philip Timberlake. Re: Affectionate Regards. [Letter], 5/18/1971
Question and answer session with Mr. Ziegler. [Memo], n.d.
Nixon's Cousin. Written by unknown author for unknown newspaper. Not scanned. [Newspaper], n.d.
To: Frank DeMarco. From: John Dean. Re: Survey the President's property at San Clemente. [Letter], 6/4/1971
To: John Dean. From: Frank DeMarco. Re: Presidential Papers. 2 pages. [Letter], 8/16/1971
To: Frank DeMarco. From: Weston Johnson. Re: Ownership of memo generated by the executive department of the federal government. [Memo], 09/31/1971
The Paper Trust. By Bernard A. Weisberger. Not scanned. [Other Document], n.d.
Gross Estate, Martial Deduction, Taxable Estate, Estate Tax, & Tax Saving. [Financial Records], n.d.
citationUrl
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Richard M. Nixon's Returned Materials Collection
Returned White House Special Files
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Richard Nixon Presidential Library
White House Special Files Collection
Folder List
Box Number
Folder Number
Document Date
Document Type
Document Description
23
8
10/14/1970
Letter
To: Kent Smith. From: Frank DeMarco. Re:
The Richard Nixon Foundation.
23
8
09/01/1970
Letter
5 pages. To: The Richard nixon Foundation.
From: Funk & Wagnall, a Division of
Reader's Digest Books, Inc. Re: Payment of
Royalties.
23
8
09/25/1970
Letter
To: John Dean. From: Bruce Lee. Re:
Copyright form for the copyright office.
23
8
09/30/1970
Form
Application for Registration of a Claim to
Copyright. 2 pages.
23
8
09/24/1970
Letter
To: Frank DeMarco. From: John Dean. Re:
Deed of gift of the Publishing Royalties.
23
8
09/22/1970
Letter
To: John Dean. From: Bruce Lee. Re:
Agreement between Funk & Wagnalls and
the Nixon Foundation.
Friday, April 25, 2008
Page 1 of 7
Box Number Folder Number Document Date
Document Type
Document Description
23
8
09/21/1970
Letter
To: Bruce lee. From: frank DeMarco. Re:
The Richard Nixon Foundation.
23
8
n.d.
Report
Deed of Gift of Publishing Royalties. 6 pages.
23
8
09/11/1970
Letter
To: Bruce Lee. From: John Dean. Re:
Regarding the publication of "Setting the
Course".
23
8
09/08/1970
Letter
To: Frank DeMarco. From: John Dean. Re:
Agreement prepared by Funk & Wagnalls.
23
8
09/02/1970
Letter
To: John Dean. From: Bruce Lee. Re: Draft
letter of agreement.
23
8
n.d.
Letter
To: The Richard Nixon Foundation. From:
Funk & Wagnalls. Re: Payment by Funk &
Wagnalls as publisher of "Setting the
Course". 5 pages.
23
8
08/23/1970
Letter
To: John Dean. From: Bruce Lee. Re: Draft a
letter of agreement.
Friday, April 04, 2008
Page 2 of 7
Box Number Folder Number Document Date
Document Type
Document Description
23
8
08/19/1970
Letter
To: John Dean. From: Bruce Lee. Re:
Discuss the contract with Miss Thomas.
23
8
08/17/1970
Letter
To: Bruce Lee. From: John Dean. Re: Legal
implications of publishing "Setting the
Course".
23
8
08/12/1970
Letter
To: Mr. Krogh. From: Bruce Lee. Re:
Contractual problems of the book "Setting
the Course".
23
8
07/10/1970
Letter
To: Richard Nixon. From: Hobart Lewis of
Funk & Wagnalls. RE: Letter to set forth the
terms of agreement. 3 pages.
23
8
07/15/1970
Letter
To: Hobart Lewis. From: Jim Keogh. Re:
Contract for "Setting the Course" should be
sent to Egil Krogh.
23
8
07/14/1970
Letter
To: James Keogh. Re: Enclosed draft letter
from Funk & Wagnalls to the President.
23
8
n.d.
Memo
Handwritten notes. 2 pages.
Friday, April 04, 2008
Page 3 of 7
Box Number Folder Number
Document Date
Document Type
Document Description
23
8
07/02/1971
Letter
To: Kathy Timberlake. Re: Concern with
your well being. Duplicate not scanned.
23
8
06/30/1971
Memo
To: Rose Mary Woods. From: John Dean.
Re: Suggested Response to Letter from
Katherine Timberlake.
23
8
n.d.
Memo
From: John Dean. Re: Rose Woods.
23
8
06/29/1971
Memo
To: John Dean. From: Bruce Kehrli. Re:
Changes in Letter.
23
8
06/23/1971
Memo
To: HR Haldeman & Rose Mary Woods.
From: John Dean. Re: Suggested Response
to Letter from Katherine Timberlake. 2 pages.
23
8
06/01/1971
Letter
To: Nixon. From: Kathy Timberlake. Re:
Life existance has become unbearable.
23
8
06/23/1971
Letter
To: Gertrude Hansen. From: John Dean. Re:
Thanks for letter regarding Kathy
Timberlake.
Friday, April 04, 2008
Page 4 of 7
Box Number Folder Number
Document Date
Document Type
Document Description
23
8
06/23/1971
Letter
To: Francis Brown. From: John Dean. Re:
Thanks for letter regarding Kathy
Timberlake.
23
8
06/23/1971
Letter
To: Lillian Guthrie. From: John Dean. Re:
Thanks for letter regarding Kathy
Timberlake.
23
8
06/23/1971
Letter
To: Maria Ruiz. From: John Dean. Re:
Thanks for letter regarding Kathy
Timberlake.
23
8
06/23/1971
Letter
To: Phillip Star. From: John Dean. Re:
Thanks for letter regarding Kathy
Timberlake.
23
8
07/20/1971
Letter
To: Mrs. Burns. From: John Dean. Re:
Thanks for letter regarding Kathy
Timberlake.
23
8
06/03/1971
Memo
To: John Dean. From: Jerry Warren. Re:
Katherine Timberlake.
23
8
06/02/1971
Letter
To: Ron Ziegler. From: Jerry Warren. Re:
Kathy Timberlake's letter to the Santa Rosa
newspaper.
Friday, April 04, 2008
Page 5 of 7
Box Number Folder Number Document Date
Document Type
Document Description
23
8
03/04/1970
Letter
Invitation to Mr. and Mrs. Phillip Milhous
30th Wedding Anniversary.
23
8
n.d.
Letter
Thinking of You Card
23
8
05/18/1971
Letter
To: Frances & Philip Timberlake. Re:
Affectionate Regards.
23
8
n.d.
Memo
Question and answer session with Mr.
Ziegler.
23
8
n.d.
Newspaper
Nixon's Cousin. Written by unknown author
for unknown newspaper. Not scanned.
23
8
06/04/1971
Letter
To: Frank DeMarco. From: John Dean. Re:
Survey the President's property at San
Clemente.
23
8
08/16/1971
Letter
To: John Dean. From: Frank DeMarco. Re:
Presidential Papers. 2 pages.
Friday, April 04, 2008
Page 6 of 7
Box Number Folder Number Document Date
Document Type
Document Description
23
8
09/31/1971
Memo
To: Frank DeMarco. From: Weston Johnson.
Re: Ownership of memo generated by the
executive department of the federal
government.
23
8
n.d.
Other Document
The Paper Trust. By Bernard A. Weisberger.
Not scanned.
23
8
n.d.
Financial Records
Gross Estate, Martial Deduction, Taxable
Estate, Estate Tax, & Tax Saving.
Friday, April 04, 2008
Page 7 of 7
LAW OFFICES
KALMBACH, DEMARCO, KNAPP & CHILLINGWORTH
611 WEST SIXTH STREET / SUITE 1900
HERBERT W. KALMBACH
NEWPORT CENTER OFFICE
FRANK DEMARCO, JR.
LOS ANGELES. CALIFORNIA 90017
SUITE 900 NEWPORT FINANCIAL PLAZA
SHERWOOD .CHILLINGWORTH
TELEPHONE (213) 625-2191
550 NEWPORT CENTER DRIVE
HAROLD BERAL
NEWPORT BEACH, CALIFORNIA 92660
ALEXANDER BOWIE
TELEPHONE (714) 644-4111
ROBERT M. OLSON,JR.
ROBERT H. MORRISON
October 14, 1970
RICHARD C. GREENBERG
OF COUNSEL
THOMAS D. PECKENPAUGH
JAMES R.KNAPP
TERRY L.RHODES
JAMES H.O'CONNOR
OAKLEY C. FROST
ALAN R.WOLEN
WILLIAM A.KERR
LARRY B.THRALL
ERIC W.MARTENS
RALPH J.MORGAN
DAVID PATTERSON SMITH
Mr. Kent Smith
Assistant General Counsel
The Reader's Digest
200 Park Avenue
New York, New York 10017
RE: The Richard Nixon Foundation
Dear Mr. Smith:
After our telephone conversations last week,
I redrafted the proposed royalty agreement between my
client, The Richard Nixon Foundation, and Funk & Wagnalls.
I am enclosing a xerox copy of the redraft
which is dated September 1, 1970. If the form of this
document meets with your approval, please have it retyped
on your company's letterhead and provide me with three
executed copies. I shall have the copies countersigned
by the President of the Foundation and shall return a
fully executed copy to you.
Should you have any further questions please
telephone me.
Thank you for your assistance and cooperation
in this matter.
Very truly yours,
FRANK DE MARCO, JR.
For the Firm
FDM:rk
Enclosure
cc: Mr. John W. Dean, III, w/enc.
September 1, 1970
The Richard Nixon Foundation
Suite 1950
611 West Sixth Street
Los Angeles, California 90017
Gentlemen:
The undersigned, Funk & Wagnalls, a Division
of Reader's Digest Books, Inc., is the exclusive owner
of the common law and statutory copyright in and to,
and is the sole and exclusive owner and publisher of,
a certain written work entitled *SETTING THE COURSE:
The First Year, Major Policy Statements by President
Richard Nixon", (hereinafter referred to as "the Work")
This letter is to set forth the terms of
payment to you by Funk & Wagnalls of certain royalties
to accrue to you and to be paid to you as a result of
the publication of the Work by Funk & Wagnalls.
It is agreed that from and after the date
hereof Funk & Wagnalls shall publish the Work and shall
pay to you the following sums, to wit:
1. On all copies of the regular trade edition
sold in the United States (except as pro-
vided below), less returns, a royalty of
fifteen percent (15%) of the cover price
of the Work.
2. On all copies of a paperbound edition sold
in the United States, a royalty of six
percent (6%) of the cover price of the Work.
3. On all copies issued in a better style of
binding than the regular edition, the same
sum per copy as that paid on the regular
edition.
The Richard Nixon Foundation
September 1, 1970
Page Two
4. On all copies sold for export, including
copies sold to any foreign branch offices
of Funk & Wagnalls, the applicable royalty
percentages calculated only on the monies
actually received by us for each copy so
sold.
5. On all copies sold by the Mail Order or
Subscription Book Departments of The
Reader's Digest Association, Inc., or any
of its affiliated companies, as distinct
from sales made to bookstores or jobbers,
a royalty of one-half (1/2) of the net sum
received by Funk & Wagnalls.
6. On all copies sold from any printing of
twenty-five hundred (2,500) copies or less
made eighteen (18) months from the date of
first publication, a royalty of seven and
one-half percent (7-1/2%) of the cover price
of the Work.
7. If Funk & Wagnalls should license the Work
for publication under an imprint other than
its own, fifty percent (50%) of the revenue,
compensation or payment therefor.
8. Fifty percent (50%) of the net amount received
by Funk & Wagnalls from a recognized book club
for the right to publish the Work in whole or
in part for distribution to its members.
9. From the sale or disposition of the so-called
"subsidiary rights" in the Work, which "sub-
sidiary rights" shall be defined as: serial
rights before and after book publication,
translations, digests, abridgments, selections
and anthologies, fifty perçent (50%) of the
net amounts received by Funk & Wagnalls, pro-
vided, however, in the case of the licensing
of subsidiary rights for publication in Great
The Richard Nixon Foundation
September 1, 1970
Page Three
Britain and for translation rights,
seventy-five percent (75%) of the net
amounts received by us.
10. From a sale of the Work at a reduced
price after the remunerative sale of
the Work, or any edition thereof, has, in
the opinion of Funk & Wagnalls, ceased,
ten percent (10%) of the amount received
by Funk & Wagnalls for the copies sold,
provided, however, that in no case shall
said amount exceed the difference between
the net amount received by us and the
cost of manufacture.
11. No sums whatever shall be paid on copies
of the Work given away to promote the sale
of the Work, whether to regular promotional
channels or to book stores, or purchased by
way of discount to authors.
All rights in and to the Work not specifically
covered under this agreement are reserved to you, The
Richard Nixon Foundation.
We agree to remit the aforesaid sums to you in
cash, semi-annually, as follows:
Statements of sales, receipts and
earnings receibed by Funk & Wagnalls
from publication of the Work shall be
prepared semi-annually to June 30 and
December 31 of each calendar year, and
a statement and settlement thereof in
cash shall be made to The Richard Nixon
Foundation no later than the following
August 31 and February 28 of each respec-
tive calendar year.
The Richard Nixon Foundation
September 1, 1970
Page Four
In addition to the foregoing grant, Funk
& Wagnalls does hereby give and grant to The Richard
Nixon Foundation the following rights in and to the
Work in the event the Work shall be discontinued or
go out of print in all editions, including reprints,
whether under our imprint, or any other imprint licensed
by us, to wit: Upon such discontinuation of publication,
you, or any person, firm or corporation designated by
you, shall have the right, within thirty (30) days after
notice to you by us of the discontinuation of publication,
to purchase the letter-press plates, electrotypes, or
offset films of the Work, including any original engraving
or illustration plates, at a cost equal to one-half (1/2)
of the manufacturing cost to us of such items, together
with all sheets and bound copies of the Work on hand at
our manufacturing and storage costs. Upon such election
to so purchase and the payment to us of the aforesaid
purchase price, we shall, in addition, assign, convey
and transfer to you, or your designee, all existing
copyrights in the Work held by us.
If you shall not accept such sheets, bound
copies, plates, films, or engravings within thirty (30)
days of any offer from Funk & Wagnalls, or if payment
therefor shall not have been made within thirty (30) days
after such offer, then we may destroy the plates and sell
all copies of the Work or sheets thereof, and this agreement
shall then terminate and all rights in the Work shall re-
vert to you or your assigns.
In case of bankruptcy, receivership, or assignment
for the benefit of creditors of Funk & Wagnalls, the right
of publication shall revert to you and thereupon this
agreement shall terminate, however, you shall have the
right to buy back any remaining copies or sheets at their
fair market value.
This agreement, regardless of the place of its
physical execution, shall be construed and interpreted in
The Richard Nixon Foundation
September 1, 1970
Page Five
accordance with the laws of the State of New York
and shall be binding upon and inure to the benefit
of your successors in interest and assigns, and the
successors in interest and assigns of Funk & Wagnalls.
Funk & Wagnalls may assign any right hereby
granted to it, but may not, without your prior written
consent, assign this agreement in its entirety except
to a wholly-owned subsidiary or in connection with the
sale or transfer of substantially all of its business
or any division or department thereof.
If the foregoing terms are satisfactory
please execute both copies of this letter as provided
below. Please return the executed copy to the under-
signed and retain the original for your files.
Funk & Wagnalls is tremendously pleased to
have this important book on its Fall 1970 list. We
have ambitious plans for its sale and promotion. Thank
you for your help and cooperation.
Sincerely yours,
FUNK & WAGNALLS, a Division
of Reader's Digest Books, Inc.
By
Hobart Lewis
THE RICHARD NIXON FOUNDATION
Agreed
Date
THE READER'S DIGEST
PLEASANTVILLE N.Y. 10570
BRUCE LEE, ASSOCIATE EDITOR
200 PARK AVENUE, NEW YORK, N. Y. 10017
September 25, 1970
972-8420
Dear John:
Attached is a copy of the copyright form that
will be submitted to the copyright office this
coming Wednesday via first class mail.
I hope it meets your approval.
With best wishes,
Bance
John W. Dean, III
Counsel to the President
The White House
Washington, D.C. 20500
Page 1
FORM A
CLASS
REGISTRATION NO.
Application for Registration of a Claim to Cupuright
in a published book manufactured in the United States of America
A
DO NOT WRITE HERE
Instructions: Make sure that all applicable spaces have been
Pages 1 and 2 should be typewritten or printed with pen
completed before you submit the form. The application must
and ink. Pages 3 and 4 should contain exactly the same information
be SIGNED at line 10 and the AFFIDAVIT (line 11) must be
as pages 1 and 2, but may be carbon copies. Mail all pages of the
COMPLETED AND NOTARIZED. The application should not be
application to the Register of Copyrights, Library of Congress,
submitted until after the date of publication given in line 4, and
Washington, D.C. 20540, together with 2 copies of the best edition
should state the facts which existed on that date. For further of the work and the Qegistration fee of $6. Make your remittance
information, see page
payable to the Register of Copyrights,
1. Copyright Claimant(s) and Address(es): Give the name(s) and address(es) of the copyright owner(s). Ordinarily the name(s)
should be the same as in the notice of copyright on the copies deposited.
Name
Funk & Wagnalls, A Division of Reader's Digest Books, Inc.
380 Madison Avenue
Address
New York, N. Y. 10017
Name
Address
2. Title:
SETTING THE COURSE The First Year
(Give the title of the book as it appears on the title page)
Major Policy Statements of President Richard Nixon
3. Authors: Citizenship and domicile information must be given.
translators, illustrators, etc., as well as authors of original text.
Where a work was made for hire, the employer is the author. The
If the copyright claim is based on new matter (see line 5) give
citizenship of organizations formed under U.S. Federal or State
requested information about the author of the new matter.
law should be stated as U.S.A. Authors may be editors, compilers,
Name
Funk & Wagnalls Div. of RD Books, Inc.
U. S. A.
Citizenship
(Give legal name followed by pseudonym if latter appears on the copies)
(Name of country)
Domiciled in U.S.A. Yes
X
No
Address
New York, N.Y.
Name
Citizenship
(Give legal name followed by pseudonym if latter appears on the copies)
(Name of country)
Domiciled in U.S.A. Yes
No
Address
Name
Citizenship
(Give legal name followed by pseudonym if latter appears on the copies)
(Name of country)
Domiciled in U.S.A. Yes
No
Address
4. Date of Publication of This Edition: Give the complete date
printed should not be confused with the date of publication.
when copies of this particular edition were first placed on sale,
NOTE: The full date (month, day, and year) must be given. For
sold, or publicly distributed. The date when copies were made or
further information, see page 4.
September 30, 1970
(Month)
(Day)
(Year)
(NOTE: Leave line 5 blank unless the following instructions apply to this work.)
5. New Matter in This Version: If any substantial part of this
time in this version. New matter may consist of compilation,
work has been previously published anywhere, give a brief, general
translation, abridgment, editorial revision, and the like, as well
statement of the nature of the new matter published for the first
as additional text or pictorial matter.
The compilation and editing of material, preface, table of contents,
commentaries and index.
NOTE:
Leave line 6 blank unless there has been a PREVIOUS FOREIGN EDITION in the English language.
6. Book in English Previously Manufactured and Published Abroad: If all or a substantial part of the text of this edition was
previously manufactured and published abroad in the English language, complete the following spaces:
Date of first publication of foreign edition
Was registration for the foreign edition made in the U.S.
(Year)
Copyright Office? Yes
No
EXAMINER
If your answer is "Yes," give registration number
Complete all applicable spaces on next page
7. If registration fee Is to be charged to a deposit account established in the Copyright Office, give name of account:
8. Name and address of person or organization to whom corr espondence or refund, if any, should be sent:
Name
Address
9. Send certificate to:
(Type or
print
Name
The Reader's Digest Association, Inc.
name and
address)
Address
Attention: Mrs. Dorothy S. Lynch
(Number and street)
Pleasantville, New York 10570
(City)
(State)
(ZIP code)
10.
Certification: (NOTE: Application not acceptable unless signed)
I CERTIFY that the statements made by me in this application are correct to the/best my knowledge.
Danothy (Signature copyright S. claimant Lynch or au harized agent)
11. Affidavit (required by law.) Instructions: (1) Fill in the bland baces with special attention to those marked "(X)." (2) Sign
the affidavit before an officer authorized to administer oaths within the United States, such as a notary public. (3) Have the officer sign
and seal the uffirdavit and fill in the date of execution.
NOTE: The affidavit must be signed and notarized only on or after the date of publication or completion of printing which it states.
The affidavit must be signed by an individual.
I, the undersigned, depose and say that I am the
STATE OF
New York
Person claiming copyright in the book described in this
application;
Duly authorized agent of the person or organization claiming
COUNTY OF
Westchester
copyright in the book described in this application;
Printer of the book described in this application.
That the book was published or the printing was completed on: (X)
September 30, 1970
(Give month, day, and year)
That, of the various processes employed in the production of the copies, deposited, the setting of the type was performed within the
limits of the United States or the making of the plates was performed within the limits of the United States from type set therein; or
the lithographic or photoengraving processes used in producing the text were wholly performed within the limits of the United States,
and that the printing of the text and the binding (if any) were also performed within the limits of the United States. That such type-
setting, platemaking, lithographic or photoengraving process, printing, and binding were performed by the following establishments or
individuals at the following addresses:
(GIVE THE NAMES AND ADDRESSES OF THE PERSONS OR ORGANIZATIONS WHO PERFORMED SUCH TYPESETTING
OR PLATEMAKING OR LITHOGRAPHIC PROCESS OR PHOTOENGRAVING PROCESS OR PRINTING AND BINDING, ETC.)
Names (X) Mahony & Roese
Addresses (x)H. Wolff Bk. Mfg. Co., Inc.
352 West Street
508 West 26th Street
New York, N.Y. 10014
New York, N.Y. 10001
Darothy gnature S. of affiant) Lynch
(Sign and notarize only on or after date given above)
sworn to
PLACE
Subscribed
and
before me this
affirmed
NOTARIAL SEAL
HERE
day of
19
(Signature of notary)
FOR COPYRIGHT OFFICE USE ONLY
Application and affidavit received
Two copies received
Fee received
Renewal
U.S.GOVERNMENT PRINTING OFFICE: 1969-O-335-773
Page 2
September 24, 1970
Dear Frank:
I have received a copy of your letter of
September 21, 1970 to Bruce Lee regarding
the Deed of Gift of the Publishing Royalties
in the recently prepared work entitled
"Setting the Course". I have reviewed the
draft of the Deed and find no problems with
it from my vantage point.
With best regards, I am
Sincerely,
John W. Dean, III
Counsel to the President
Mr. Frank DeMarco, Jr.
Kalmbach, DeMarco, Knapp
and Chillingworth
611 West Sixth Street
Los Angeles, California 90017
Letter rec 'd
crossed in marl
THE READER'S DIGEST
PLEASANTVILLE N.Y. 10570
BRUCE LEE, ASSOCIATE EDITOR
200 PARK AVENUE, NEW YORK, N. Y. 10017
972-8420
September 22, 1970
Dear John:
My apologies for bothering you, but I have not
yet heard from Mr. DeMarco about the arrange-
ments to be worked out between Funk & Wagnalls
and the Nixon Foundation regarding the publica-
tion of "Setting the Course."
In view of the forthcoming publication date
(Sept. 30th) and the advertising campaign (this
Sunday's Times), it might be wise if we could
wrap the matter up quickly.
Again, thanks for your help.
With best wishes,
Bome
John W. Dean, III
Counsel to the President
The White House
Washington, D.C. 20500
LAW OFFICES
KALMBACH, DEMARCO, KNAPP & CHILLINGWORTH
611 WEST SIXTH STREET SUITE 1900
NEWPORT CENTER OFFICE
HERBERT W. KALMBACH
LOS ANGELES. CALIFORNIA 90017
SUITE 900 NEWPORT FINANCIAL PLAZA
FRANK DEMARCO,
SHERWOOD C.CHILLINGWORTH
TELEPHONE (213) 625-2191
550 NEWPORT CENTER DRIVE
HAROLD BERAL
NEWPORT BEACH, CALIFORNIA 92660
ALEXANDER BOWIE
TELEPHONE (714) 644-4111
ROBERT M. OLSON,JR.
ROBERT H.MORRISON
September 21, 1970
RICHARD C. GREENBERG
OF COUNSEL
THOMAS D. PECKENPAUGH
JAMES R. KNAPP
TERRY L.RHODES
JAMES H. O'CONNOR
OAKLEY C. FROST
ALAN R.WOLEN
WILLIAM A.KERR
LARRY B.THRALL
ERIC W.MARTENS
RALPH MORGAN
DAVID PATTERSON SMITH
Mr. Bruce Lee
Associate Editor
The Reader's Digest
200 Park Avenue
New York, New York 10017
Re: The Richard Nixon Foundation
Dear Mr. Lee:
On behalf of the Richard Nixon Foundation, we
are enclosing a redraft of the form of the proposed gift
of publishing royalties to be made by Funk & Wagnalls to
The Richard Nixon Foundation. This is a redraft of the
material you delivered to Mr. John W. Dean, III. We have
tried to preserve the flavor of your version as respects
the computation of royalties to be donated. However, as
you shall see from a review of the enclosure, we feel it
more appropriate that the document be structured in the
form of a unilateral deed of gift from the publisher to
The Foundation. I would appreciate it if you would exam-
ine this enclosure and let me have your comments before
we agree on a final version.
The Foundation, of course, is pleased that your
organization has elected to make this gift, and will be
most appreciative irrespective of the form of the document
upon which we may finally agree.
I shall look forward to hearing from you. Should
you have any questions respecting the enclosures, please
feel free to telephone me at our Los Angeles office.
Very truly yours,
FRANK DE MARCO, JR.
For the Firm
FDM:gem
Enc.
CC: Mr. John W. Dean, III (w/enc.)
DEED OF GIFT OF PUBLISHING ROYALTIES
The undersigned, FUNK & WAGNALLS, a Division of
Reader's Digest Books, Inc. (hereinafter referred
to as "donor"), is the exclusive owner of the common law
and statutory copyright in and to, and is the sole and
exclusive owner and publisher of, a certain written work
entitled "SETTING THE COURSE: The First Year, Major Policy
Statements by President Richard Nixon", (hereinafter referred
to as "the Work"), and as such owner desires by this instru-
ment to give and convey to the hereinafter named donee by
way of royalty, as that term is understood generally in the
publishing business, a present vested interest in and to
certain of the monies and other things of value to be
received by donor from the publication, sale and dissemination
of the Work, from and after the date hereof.
The undersigned, therefore, does hereby give,
assign, grant, transfer, set over and convey to THE RICHARD
NIXON FOUNDATION, a corporation organized under the general
nonprofit corporation law of the State of California, and
duly qualified as an exempt organization under Section 501 (c) (3)
of the Internal Revenue Code (hereinafter referred to as
"donee"), without consideration and by way of gift, a
present vested interest in and to those certain portions of
-1-
the proceeds to be received by donor from the sale,
disposition or other dissemination or exploitation of
the Work, as are hereinafter specifically enumerated,
to wit:
1. On all copies of the regular trade edition
sold in the United States (except as provided below), less
returns, a royalty of fifteen percent (15%) of the cover
price of the Work.
2. On all copies of a paperbound edition sold in
the United States, a royalty of six percent (6%) of the
cover price of the Work.
3. On all copies issued in a better style of
binding than the regular edition, the same sum per copy as
that paid on the regular edition.
4. On all copies sold for export, including
copies sold to any foreign branch offices of donor, the
applicable royalty percentages calculated only on the monies
actually received by donor for each copy so sold.
5. On all copies sold by the Mail Order or
Subscription Book Departments of The Reader's Digest
Association, Inc., or any of its affiliated companies, as
distinct from sales made to bookstores or jobbers, a royalty
of one-half (1/2) of the net sum received by donor.
-2-
6. On all copies sold from any printing of
twenty-five hundred (2,500) copies or less made eighteen
(18) months from the date of first publication, a royalty
of seven and one-half percent (7-1/2%) of the cover price
of the Work.
7. If donor should license the Work for publica-
tion under an imprint other than its own, fifty percent
(50%) of the revenue, compensation or payment therefor.
8. Fifty percent (50%) of the net amount received
by donor from a recognized book club for the right to publish
the Work in whole or in part for distribution to its members.
9. From the sale or disposition of the so-called
"subsidiary rights" in the Work, which "subsidiary rights"
shall be defined as: serial rights before and after book
publication, translations, digests, abridgments, selections
and anthologies, fifty percent (50%) of the net amounts
received by donor, provided, however, in the case of the
licensing of subsidiary rights for publication in
Great Britain and for translation rights, seventy-five
percent (75%) of the net amounts received by donor.
10. From a sale of the Work at a reduced price
after the remunerative sale of the Work, or any edition
thereof, has, in the opinion of donor, ceased, ten percent
(10%) of the amount received by donor for the copies sold,
provided, however, that in no case shall said amount exceed
the difference between the net amount received by donor and
the cost of manufacture.
-3-
11. No sums whatever shall be paid on copies of
the Work given away to promote the sale of the Work,
whether to regular promotional channels or to book stores,
or purchased by way of discount to authors.
All rights not specifically granted and conveyed
to donee under this instrument are reserved to donor, its
successors and assigns.
The rights and interests in the Work specifically
given, assigned, transferred, set over, granted and conveyed
to donee as enumerated in items 1 through 10, inclusive,
above are made without any reseration to the undersigned
in or to those portions of the monies or other things of
value to be received from the publication of the Work so
specifically enumerated.
This instrument consitutes donee the present
vested owner of the rights to receive the sums and other
things of value specifically enumerated above, provided,
however, donor shall act as donee's agent and trustee for
the collection and segregation of those portions of the sums
to be received by donor from the publication of the Work as
specifically granted to donee hereunder, and donor shall
remit said sums to donee in cash semiannually as follows:
-4-
Statements of sales, receipts and earnings
received by donor from publication of the Work shall be
prepared semiannually to June 30 and December 31 of each
calendar year, and a statement and settlement thereof in
cash shall be made to donee no later than the following
August 31 and February 28 of each respective calendar
year.
In addition to the foregoing grant, donor does
hereby give and grant to donee the following rights in
and to the Work in the event the Work shall be discontinued
or go out of print in all editions, including reprints,
whether under donor's imprint, or any other imprint licensed
by donor, to wit: Upon such discontinuation of publication,
donee, or any person, firm or corporation designated by
donee, shall have the right, within thirty (30) days after
notice to donee by donor of the discontinuation of publication,
to purchase the letter-press plates, electrotypes, or offset
films of the Work, including any original engraving or
illustration plates, at a cost equal to one-half (1/2) of
the manufacturing cost to donor of such items, together
with all sheets and bound copies of the Work on hand at
donor's manufacturing and storage costs. Upon such
election to so purchase and the payment to donor of the
aforesaid purchase price, donor shall, in addition, assign,
convey and transfer to donee, or donee's designee, all
existing copyrights in the Work held by donor.
-5-
This instrument and the gifts, benefits and
rights granted and conveyed to donee hereunder, shall be
binding upon donor's assigns and successors in interest,
and the said rights granted donee shall be deemed to run
with the copyright ownership and publication rights in
and to the Work.
IN WITNESS WHEREOF, this Deed of Gift of
Publishing Royalties is made and executed at New York,
New York, this
day of September, 1970.
FUNK & WAGNALLS, a Division of
Reader's Digest Books, Inc.
By
HOBART LEWIS
-6-
September 11, 1970
Dear Bruce;
I met this morning with Mr. Frank DeMarco to discuss
the arrangement to be worked out between Funk and
Wagnalls and the Wixon Foundation regarding the
publication of "Setting the Course." Mr. DeMarco
is a member of the law firm that represents the
Wixon Foundation. You should anticipate receiving
a revised draft of the arrangement directly from
Mr. DeMarco and I would like to request' that you
deal directly with him in working out the arrangment.
Mr. DeMarco will keep me informed as he sees necessary.
Thank you for your assistance.
With regards, I an
Sincerely,
John W. Dean, III
Counsel to the President
Mr. Bruce Lee
Associate Editor
The Reader's Digest
290 Park Avenue
New York, New York 10017
ce: Mr. Frank DeMarco, Jr.
September 8, 1970
Dear Frank:
I am sorry we were unable to visit while
I was in California, but I am looking
forward to your forthcoming visit to
the East.
I am enclosing a draft of a letter of
agreement prepared by Funk and Wagnalls
for turning over royalties for "Setting
the Course" to the Nixon Foundation.
The document raises a number of questions
in my mind that I would like to discuss
with you when we visit.
Sincerely,
John W. Dean, III
Counsel to the President
Mr. Frank DeMarco, Jr.
Kalmbach, DeMarco, Knapp and
Chillingworth
611 West Sixth Street
Los Angeles, California 90017
Enclosure
THE READER'S DIGEST
PLEASANTVILLE N.Y. 10570
BRUCE LEE, ASSOCIATE EDITOR
200 PARK AVENUE, NEW YORK, N. Y. 10017
972-8420
September 2, 1970
Dear John:
Attached is a draft letter of agreement between
Funk & Wagnalls and The Richard Nixon Foundation
regarding the book: SETTING THE COURSE. The
draft has been double spaced so that you can
make any corrections you feel are necessary.
One thing we will need is the Foundation's ad-
dress.
If you'll return the corrected draft, my office
will type up final copies for the signatures of
both parties.
Many thanks, and
With best wishes,
Pome
Mr. John W. Dean
Counsel to the President
The White House
Washington, D.C. 20500
DRAFT
FUNK & WAGNALLS
380 Madison Avenue, New York,
New York 10017
The Richard Nixon Foundation
Gentlemen:
This letter is to set forth the terms of payment to you by Funk &
Wagnalls, a Division of Reader's Digest Books, Inc., ("F&W") 380
Madison Avenue, New York, N.Y. 10017 as publisher of a work
entitled "SETTING THE COURSE: The First Year, Major Policy
Statements by President Richard Nixon ("the Work"). It is
mutually agreed that, F&W shall publish the Work in September, 1970,
and shall pay:
1. On all copies of the regular trade edition sold in the United
States (except as provided below), less returns, a royalty of
15% of the cover price of the Work;
2. On all copies of a paperbound edition sold in the United States,
a royalty of six per cent (6%) of the cover price of the Work;
3. On all copies issued in a better style of binding than the
regular edition, the same sum per copy as that paid on the
regular edition.
4. On all copies sold for export, including copies sold to any
foreign branch offices of F&W, the applicable royalty percentages
calculated only on the monies actually received by F&W for each
copy so sold.
- 2 -
DRAFT
5. On all copies sold by the Mail Order or Subscription Book
Departments of The Reader's Digest Association, Inc., or any
of its affiliated companies, as distinct from sales made to
bookstores or jobbers, a royalty of one-half of the net sum
received by F&W.
6. On all copies sold from any printing of twenty-five hundred
(2500) copies or less, made eighteen (18) months from the date
of first publication, a royalty of 7½% of the cover price of the
Work.
7. If F&W should license the Work for publication under an imprint
other than its own, the revenue, compensation, or payment therefor
shall be divided equally between F&W and you.
8. Fifty per cent (50%) of the net amount received by F&W from a
recognized book club for the right to publish the Work in whole
or in part for distribution to its members.
9. The following shall be considered as subsidiary rights: serial
rights before and after book publication, translations, digests,
abridgments, selections, anthologies. Except as stated herein-
after, the division of receipts from the sales of subsidiary
rights shall be fifty per cent (50%) to you and fifty per cent
(50%) to F&W.
In the case of the licensing of subsidiary rights for publication
in Great Britain and for translation rights the division of
receipts shall be: seventy-five per cent (75%) to you and twenty-
five per cent (25%) to F&W of the net amounts received by F&W.
- 3 -
DRAFT
10. F&W may publish or may permit others to publish such selections
from the Work as it may deem likely to promote its sales, without
compensation to you. F&W is also authorized to grant permission,
at no charge and without paying royalty, for the use of the Work
in whole or in part by recognized organizations for the disabled.
All rights not specifically covered under this agreement are reserved.
If F&W shall sell the Work at a reduced price after the remunerative
sale of the Work, or any edition thereof, has in its opinion ceased,
it shall pay you ten per cent (10%) of the amount received for the
copies sold, provided, however, that in no case shall the amount
paid exceed the difference between the' net amount received by F&W
and the cost of manufacture.
No royalty whatever shall be paid on copies of the Work given away
to promote the sale of the Work, whether to regular promotional
channels or to book stores, or purchased by you at F&W's discount to
authors.
Statements of sales and earnings shall be made up semi-annually, to
June 30 and December 31, and statement and settlement thereof in cash
shall be made the following August 31 and February 28, respectively.
Whenever the semi-annual earnings fall below twenty-five (25%), no
accounting or payment shall be made until the next settlement date
after the earnings have aggregated twenty-five dollars ($25).
At such time as you and F&W shall mutually agree, F&W may discontinue
publication. If the Work shall be discontinued or go out of print in
- 4 -
DRAFT
all editions, including reprints, whether under F&W's imprint or
any other imprint licensed by F&W, then F&W may offer the letter-
press plates, electrotypes, or offset films of the Work, including
your
any original engraving or illustration plates, to you or assigns,
for purchase at one-half (1) their cost of manufacture, as well as
all sheets and bound copies of the Work on hand, at manufacturing
and storage costs. You or your assigns, shall have the right within
thirty (30) days after any such offer to take and pay for such plates,
films, engravings, sheets, or bound copies, and in addition F&W shall
thereupon transfer to you all existing copyrights in the Work held
by it.
If you shall not accept such sheets, bound copies, plates, films, or
engravings within thirty (30) days of any offer from F&W, or if pay-
ment therefor shall not have been made within thirty (30) days after
such offer, then F&W may destroy the plates and sell all the copies
of the Work or sheets thereof, and this Agreement shall then terminate,
all rights in the Work reverting to you or assigns.
In case of bankruptcy, receivership, or assignment for benefit of
creditors of F&W, the right of publication shall revert to you and
thereupon this agreement shall terminate, but you shall have the
right to buy back any remaining copies or sheets at their fair market
value.
This Agreement, regardless of the place of its physical execution,
shall be construed and interpreted according to the laws of the
State of New York and shall be binding upon and shall inure to the
- 5 -
DRAFT
benefit of your heirs and personal representatives and the successors
and assigns of F&W.
F&W may assign any right hereby granted to it, but may not, without
the prior written consent of you, assign this Agreement in its
entirety except to a wholly-owned subsidiary or in connection with
the sale or transfer of substantially all its business or any division
or department thereof.
If these terms are satisfactory to you, please sign both copies of this
letter in the space below. Keep the original for your files and please
return the copy to me.
Funk & Wagnalls is tremendously pleased to have this important book on
its Fall 1970 list. It has ambitious plans for its sale and promotion.
Thank you for your help and cooperation.
Sincerely yours,
Hobart Lewis
for Funk & Wagnalls
The Richard Nixon Foundation
Agreed
Date
THE READER'S DIGEST
PLEASANTVILLE
N.Y. 10570
BRUCE LEE, ASSOCIATE EDITOR
August 28, 1970
200 PARK AVENUE, NEW YORK, N. Y. 10017
972-8420
Dear John:
Thank you very much for meeting with me yesterday.
Your advice was most helpful and we will proceed
accordingly. It should not take long to draft a
letter of agreement and I hope to have it in your
hands within 10 days. The copyright application,
and the public notice in future editions, will be
done as we discussed.
Again, my thanks and
With best wishes,
Bruce
Mr. John Dean
Counsel to the President
The White House
Washington, D.C. 20500
THE READER'S DIGEST
PLEASANTVILLE N.Y. 10570
BRUCE LEE. ASSOCIATE EDITOR
200 PARK AVENUE, NEW YORK, N. Y. 10017
972-8420
August 19, 1970
Dear Mr. Dean:
Thank you very much for your letter of August
17th.
Miss Thomas has been most helpful and I would
be delighted to discuss the contract with you
at 11 a.m. on Thursday, August 27th.
Miss Thomas mentioned that you do not have a
background file of correspondence on the con-
tract. Therefore I am enclosing Xerox copies
of all the material I have on hand. I regret
that there has been some confusion, but I
received the assignment to head the Reader's
Digest Press only 10 days ago and I've been
somewhat swamped trying to clear the decks for
action.
Thank you for your help.
Sincerely yours,
Bruce hee
John W. Dean, III
Counsel to the President
The White House
Washington, D.C. 20500
"AM
August 17, 1970
Dear Mr. Lee:
Your letter to Mr. Krogh of August 12, 1970,
regarding the fortheoming publication of
"Setting the Course" -- Major Messages and
Statements by Richard Nixon, has been referred
to me. I think it would be most helpful if
you could come to Washington to discuss the
legal implications of the publication.
If you will phone my Secretary, Miss Jane
Thomas, we can arrange such a meeting at a
mutually convenient time.
Sincerely,
John W. Dean, III
Counsel to the President
Mr. Bruce Lee
Associate Editor
The Reader's Digest
200 Park Avenue
New York, Nov York 10017
THE READER'S DIGEST
PLEASANTVILLE N.Y. 10570
BRUCE LEE, ASSOCIATE EDITOR
200 PARK AVENUE, NEW YORK, N. Y. 10017
August 12, 1970
972-8420
Dear Mr. Krogh:
I am writing in reply to Jim Keogh's letter
of 15 July 1970 to Hobart Lewis regarding the
contractual problems of the book to be published
by Funk & Wagnalls this September: "Setting the
Course" -- Major Messages and Statements by
Richard Nixon.
The question raised by Mr. Keogh is "whether
the President can or should accept royalties for
If
himself or for some other recipient.
In view of the impending publication date
we would appreciate your help in ironing out
this and any other contractual problems as soon
as possible. To do this, I can come to Washing-
ton any time that suits your convenience.
Thank you very much.
Sincerely yours,
Bruce her
Mr. Egil Krogh, Jr.
Deputy Assistant to the President
for Domestic Affairs
The White House
Washington, D.C.
FUNK & WAGNALLS
380 Madison Avenue, New York, N.Y. 10017
Telephone (212) 972-3400
July 10, 1970
The President
The White House
Washington, D.C.
Dear Mr. President:
This letter is to set forth the terms of the agreement between you
and Funk & Wagnalls, a Division of Reader's Digest Books, Inc.,
("F&W") 380 Madison Avenue, New York, N.Y. 10021 for the publication
of a work entitled "SETTING THE COURSE: The First Year, Major Policy
Statements by President Richard Nixon." ("the Work") It is mutually
agreed that,
You grant to F&W and its successors and assigns, during the
full term of copyright and all renewals thereof, full, sole,
and exclusive right; to print, publish, and sell the Work in
the English language, in book form, in both clothbound and
paperbound editions, throughout the world; to license publication
of the Work in book form, in any language, throughout the world;
to license publication of the Work by book clubs; to license
publication of the Work in paperbound editions; to sell or other-
wise exploit the subsidiary rights set forth in paragraph 9.
F&W shall publish the Work in September, 1970, and shall pay to you:
1. On all copies of the regular trade edition sold in the United
States (except as provided below), less returns, a royalty of
15% of the cover price of the Work;
2. On all copies of a paperbound edition sold in the United States,
a royalty of six per cent (6%) of the cover price of the Work;
3. On all copies issued in a better style of binding than the re-
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A division of Reader's Digest Books, Inc.
-2-
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-3-
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If you shall not accept such sheets, bound copies, plates, films, or
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ment therefor shall not have been made within thirty (30) days after
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of the Work or sheets thereof, and this Agreement shall then terminate,
all rights in the Work reverting to you, your heirs or assigns.
In case of bankruptcy, receivership, -or assignment for benefit of
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ket value.
This Agreement, regardless of the place of its physical execution,
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benefit of your heirs and personal representatives and the successors an
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F&W may assign any right hereby granted to it, but may not, without
the prior written consent of you, assign this Agreement in its
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the sale or transfer of substantially all its business or any division
or department thereof.
If these terms are satisfactory to you, please sign both copies of this
letter in the space below. Keep the original for your files and please
return the copy to me.
Funk & Wagnalls is tremendously pleased to have this important book on its
Fall 1970 list. It has ambitious plans for its sale and promotion. Thank
you for your permission to let us publish this book and for your help
and cooperation.
Sincerely yours,
Hobart Lewis
for Funk & Wagnalls
Agreed
Date
THE WHITE HOUSE
JUL 20 1970
WASHINGTON
July 15, 1970
Dear Hobe:
The letter about the contract for Setting the Course should be
sent to Egil Krogh, Jr., Deputy Assistant to the President
for Domestic Affairs. He has been handling such legal mat-
ters and is now in the process of turning over those duties to
John Dean, newly appointed Counsel to the President. Your
people may ultimately deal with either Krogh or Dean or both.
In the covering note to Krogh, I suggest that you make a special
point about the royalties. Just what to do about these may be
the most difficult question to be resolved. I assume that what
you have done here is simply include the more or less standard
terms. The question that will need to be answered here is
whether the President can or should accept royalties for him-
self or for some other recipient.
Let me say that I was most impressed by the professionalism
and dispatch with which the book was put together.
All
best,
Jen Keogh
Mr. Hobart Lewis
Editor-in-Chief
Readers Digest
Pleasantville, New York 10570
July 14, 1970
Dear Jim:
I am enclosing a draft of a letter from
Funk & Wagnalls to the President, regarding the contract
for the book which will be published in September;
"Setting the Course" -- Major Messages and Statements
by Richard Nixon.
This draft of the letter contract is intended
for your inspection only, and I hope you will let me know
If the letter should be addressed to you or someone else
in the White House, who is acting for the President.
The book is progressing nicely. We plan to
sell it for $10, and to have an initial printing of 10,000
copies. Our people are very enthustastic about it. I
have seen the jacket and it is a handsome one. As soon
as we have bound copies we will send you the first one.
Won't you let me know how to proceed with
the contract?
The best to you.
Sincerely,
Mr. James Keogh
The White House
Washington, D. C.
Paraderhal to Ry
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matural, h pob. Dechar, etc.
June 30, 1971
MEMORANDUM FOR:
ROSE MARY WOODS
FROM:
JOHN DEAN
SUBJECT:
Suggested Response to Letter
from Katherine Timberlake
Attached for the President's signature is a reply to Katherine
Timberlake's letter of June 1, 1971. I would appreciate being
advised when it is signed and sent.
Thank you.
Attachment
July 2, 1971
Dear Kathy:
Mrs. Nixon and 1 were disturbed and saddened
to learn of the difficult period that you are
undergoing.
We understand from your parents that they
are anxious that you receive every possible
form of help and that they hope you will accept
their offers of assistance. Mrs. Nixon and I
share with your parents a continuing interest
and deep concern in your well being.
Our prayers are with you, and our hopes that
these trying times will soon pass.
Sincerely,
Miss Kathy Timberlake
20 Charles Street, Number 2
Cotati, California 94928
7/2/19
THE WHITE HOUSE
WASHINGTON
(Date)
TO:
FROM:
JOHN DEAN
ACTION:
DUE DATE:
Prepare reply
for John Dean's signature
Direct Reply
Comments/Recommendations
Please Handle
Information
File
REMARKS:
Prepare b S fruad to
Rose asads- full symph
ksap -
nee shyld be advered when synd
8 sent
THE WHITE HOUSE
WASHINGTON
DateJune 29, 1971
TO:
JOHN DEAN
FROM:
BRUCE KEHRLI
Please note changes
in letter.
B.
DEAN
THE WHITE HOUSE
WASHINGTON
June 23, 1971
MEMORANDUM FOR:
H.R. HALDEMAN
ROSE MARY WOODS
FROM:
Suggested Response 0 to Letter
JOHN DEAN
SUBJECT:
from Katherine Timberlake
On June 1, 1971, Katherine Timberlake, the granddaughter of
Edith Milhous Timberlake, wrote the letter attached at Tab A.
Prior to mailing the letter, copies were distributed to the
press in California. To date limited press coverage has been
given to the letter. Upon receipt of the letter here Frank DeMarco
was contacted and asked to work with Ed Nixon in the handling of
this situation. Ed Nixon indicated that he had no rapport with
this side of the family and he knew nothing regarding the circum-
stances which may have led to the letter.
On Wednesday, June 16, DeMarco called Katherine's father,
Dr. Philip Timberlake in Newport, California. He stated that
"the less done the better. 11 He felt Katherine sent the letter for
publicity, and that she had set it up with the press beforehand.
He stated, "no one in the family expects that the President
either could or should do anything. 11 He feels Katherine got the
attention she was seeking. Dr. Timberlake stated he is willing
to help Katherine, but she does not want his help. The State
Department of Welfare has been in touch with Dr. Timberlake
as a result of her welfare application. He is also receiving mail
as a result of the publicity. DeMarco talked with Mrs. Timberlake
on June 17, 1971. At that time she voiced her concern for her
daughter and expressed a willingness to help if she could, but
apparently also feels there is little she can do. She feels that
a letter from the President would put the matter to rest.
-2-
DeMarco has also tried to telephone Katherine, but found that she
does not have a telephone and can only be reached by leaving a
message at a bar she sometimes visits. Also, DeMarco does
not feel that he really has anything to say, if he should reach her.
I told DeMarco to discontinue his telephone efforts until we resolved
the question of responding to her letter.
I do not feel that we should leave the letter unanswered. The press
is watching for and asking about a reply, and there is always the
possibility of an attempted suicide. To date, the response to
questions from the press regarding the letter has been that this
is a "personal matter. " If something were to happen to Katherine
that relates to the general plight she describes in the letter, it
would subject the President to criticism for his failure to at least
answer her letter. It is anticipated that Katherine will release
any reply to the press. Attached at Tab B for approval is a
suggested response.
Ziegler and Price approve.
Approve Ok ly me-if Rose agrees.
Disapprove
Comment
Dear President Nixon,
JD-1
I don't know if you remember me, I'm your second cousin,
Kathy Timberlake. My grandmother is Edith Milhous Timberlake.
I'm writing you to tell you my lifes existance has become too
ubnbearible. I live in California Sonoma County, in a town called
Cotati. You may remember my brother Philip, who shot himself a few
years back. He along with me have had difficult times handling our
existance. I can't work or do any thing because of my emotional
state. I'M going to the Mental Health Service in Samta Rosa almost
every day, but it doesn't help me much. I don't eat right cause I
don't ever feel like it, 80 I'm always sick and weak, and the welfare
people give a very small amount to eat and get my necessities.
Because of my state of state of being every one takes advantage of
me, including men. I was married for awhile but my husband ran off
with some rock and roll band. The only money I get is $27.00 a month
from County Aid, I can't exist ON this much, but no one cares if I
should fade away. I've applied for A.T.D. welfare, but I still
waiting for them to make their decision. My life is becoming harder
and harder to bear. I'm not sure I can go on much longer. If theres
any thing you can do, please help me1 Possibly a letter to the welfare
people would help my existance. May be you can help me, it's not too
much to ask.
Sincerely,
Kathy Limbulake
P.S. I'M sending letters to the following places in hopes of a for
sure reponse.
"San Francisco Chronicle Newspaper"
Sonoma County Social Service
KQED San Francisco Telavision station
"The Press Democrat" Santa Rosa newspaper
June 23, 1971
Dear Mrs. Hansen:
The President has asked me to thank you
for your letter regarding Miss Kathy
Timberlake. The concern and interest
you have shown in this matter are greatly
appreciated.
Sincerely,
John W. Deam III
Counsel to the President
Mrs. Gertrude Hansen
1019 Vine Street
El Centro, California 92243
JWD:MDM:mdm
June 23, 1971
Dear Mrs. Brown:
The President has asked me to thank you
for your letter regarding Miss Kathy
Timberlake. The concern and interest
you have shown in this matter are greatly
appreciated.
Sincerely,
John W. Dear III
Counsel to the President
Mrs. Francis Brown
Route #1
Peques, Pennsylvania 17565
JWD:MDM:mdm
June 23, 1971
Dear Mrs. Guthrie:
The President has asked me to thank you
for your letter regarding Miss Kathy
Timberlake. The concern and interest
you have shown in this matter are greatly
appreciated.
Sincerely,
John W. Dear III
Counsel to the President
Mrs. Lillian C. Guthrie
P.O. Box 1048
Wickemburg, Arizona 85358
JWD:MDM:mdm
June 23, 1971
Dear Mrs. Ruis:
The President has asked me to thank you
for your letter regarding Miss Kathy
Timberlake. The concern and interest
you have shown in this matter are greatly
appreciated.
Sincerely,
John W. Dear III
Counsel to the President
Mrs. Maria Ruis
8070 Rancho Famita
Santee, California 92071
JWD:MDM:mdm
June 23, 1971
Dear Mrs. Starr:
The President has asked me to thank you
for your letter regarding Miss Kathy
Timberlake. The concern and interest
you have shown in this matter are greatly
appreciated.
Sincerely,
John W. Deam III
Counsel to the President
Mrs. Philip A. Starr
P.O. Box 133
Oceanside, California 92054
JWD:MDM:mdm
July 20, 1971
Dear Mrs. Burns:
The President has asked me to thank you
for your letter regarding Miss Kathy
Timberlake. The concern and interest
you have shown in this matter are greatly
appreciated.
Sincerely,
John W. Dean, III
Coussel to the President
Mrs. DeLois Buras
728 South Charleston Avenue
Bremerton, Washington 98310
THE WHITE HOUSE
DETERMINED TO BE AN
ADMINISTRATIVE MARKING
WASHINGTON
E.O. 12065, Section 6-102
By
CONFE T/2/80
CONFIDENTIAL
June 3, 1971
MEMORANDUM TO JOHN DEAN
FROM: Jerry Warren
f
SUBJECT: Katherine Timberlake
Here is a copy of the information on Katherine Timberlake,
plus a copy of a card sent to the President last month by Aunt
Edith and Philip Franklin Timberlake and his wife. The letter
in response to the card gives you the address of Philip Franklin
Timberlake.
When the letter from Katherine arrives, we will have it sent
directly to you with a copy to us.
Rose Woods agrees that we should call Philip Timberlake
and suggested that you would be the right person to do that.
cc: Ron Ziegler
THE WHITE HOUSE
WASHINGTON
June 2, 1971
MEMORANDUM TO RON ZIEGLER
FROM: Jerry Warren
George Murphy of the San Francisco Chronicle called about a story
in the Santa Rosa newspaper this afternoon. The Santa Rosa
newspaper has a letter written yesterday by Kathy Timberlake,
who said she is a cousin of the President. The letter says that she
has gone about as far as she can, is at the end of her rope and is
going on welfare and asks the President's help. She asks him
to do anything he can to help her. Murphy's only question is
have we received the letter? We have not, -and I will tell Murphy
that this afternoon.
Aunt Edith Timberlake has a son Dr. Philip Franklin Timberlake,
who has a daughter named KathWall Louise, who was born on May
14, 1947. She would be a second cousin of the President's.
We are getting some information on her father, who is Dr. Philip
Franklin Timberlake. We are also getting background on cousin,
Philip Lawrence Milhous, who was Edith's nephew. Philip Milhous
was the subject of the February 12th welfare matter in California.
Your response at that time is attached. Agnes is working up a fact
sheet on the previous welfare case.
Mail room will let us know as soon as Kathy's letter arrives.
An earlier inquiry from a Santa Rosa radio station gave us the informa-
tion that Kathy's roommate said she was applying for welfare on
mental grounds. The San Francisco Chronicle reporter said that
Kathy lives in a motel behind the Eight Ball Tavern in Cotati, California
(Sonoma County). Her address is 20 Charles Street, Apartment 2.
One suggestion might be to have someone call Dr. Philip Franklin
Timberlake to see if this is indeed his daughter. I am not sure what
kind of a doctor Philip Timberlake is.
Copy"
PM 2/26/70
Cannia
1940
In bonor of the
Thirtieth Wedding Anniversary of
Mr. and Mrs. Phillip L. Milhous
1970 ? 3. 7 les
their children request x
2 OLIE:
the pleasure of your company
at a suprise reception
on Saturday, the fourteenth of March
from two o'clock to four o clock
Memorial Park Clubhouse, Grass Valley, California
R.s.v.p. by March 9
P.O. Box 401
Cedar Ridge, California
Money Tree Available
CARD SENT MAR 4 1970
meadow Drive T5945 T5 945
Mr. & Mrs Philip L. Milhous
Mesdow Drive
Drass walley Calif
N. O special occasion-
NM
No particular day -
Just
"Thinking of you
In-the
warmest way!"
Quit
0
Fith
of
Phile
Lances T
up.
May 18,1971
Dear Frances and Philip:
The card you and Aunt Edith
with the May 1 church program followed us from
San Clemente back to Washington and has just
reached my desk. Her firm hand with the pen
suggests that Aunt Edith is still going stronger
than some of the rest of us, and I just wanted
to tell you how much we appreciated your
thoughtfulness.
Pat and the girls join me in sending affectionate
regards.
Sincerely,
X
Mr. and Mrs. Philip F. Timberlake
1921 Irvine Avenue
Newport Beach, California
RN:NM:blm
#923
-13-
KEY
Q
Ron, they are referring to the Ho Chi Minh
Trail in the southern part of Laos.
MR. ZIEGLER: I am not going to discuss intelligence
operations or say that they are occurring. But I am going
to tell you this: That the matter which you refer to,
there has been no change in that situation. I am not
suggesting that they are occurring now.
But I will tell you that they do not relate in
any way whatsoever to the operation going on in Southern
Laos. Therefore, if you want to draw a conclusion that
we are saying that there are no U.S. ground combat forces
or advisers involved in the ARVN operation in southern
Laos -- on the other hand you refer to the matter which you
did -- and therefore we are skirting around the statement
by conducting these operations and they relate to the ARVN
operation in the southern panhandle, that would be a totally
incorrect assumption to draw
Q
What I am talking about is in the President's
statement on Laos of about a year ago he very carefully
used the phrase "stationed in Laos". What you seem to be
saying and seem to be saying now and repeating and have
been sayingfor the last week seems to indicate a change in
this.
He very carefully said "stationed in Laos".
MR. ZIEGLER: The statement as put forth to the
public on March 6 regarding northern Laos stands. There
has been no change in that. The statement which we are
giving you regarding the ARVN operation in the southern
panhandle stands. There is no change in that and there
will be no change.
I
Ron, do you or the President have any
comment on the plight of cousin Milhous from Grass Valley,
California?
MR. ZIEGLER: For your BACKGROUND, this is a
personal matter with the Milhous family. I think it
would be presumptious for me to talk about that matter
further.
I think Mrs. Milhous in her statement which was
carried in the story regarding the fact that they have not
asked for help is, I think, one which we will respect and
should respect.
I think the Milhous family is a very self-reliant
family. And they are proceeding with their situation
on that basis.
I
Ron, the Building Trades union is meeting
over here in Miami Beach and have rejected President
Nixon's request that they come up with a voluntary plan
for curbing construction wages.
They say that they would like for him to come up
with a plan first. Is he going to now do that?
MORE
#923
THE WHITE HOUSE
WASHINGTON
June 4, 1971
Dear Frank:
Permission has been granted for Mr. Erickson and the three
associates listed in his letter to you of April 23 to survey
the President's property at San Clemente for possible
archaeological sites. The survey may be conducted either
during the period of June 17-18 or June 21-22.
Aside from the conditions imposed on their examination which
we have previously discussed, I am certain that you will wish
to remind Mr. Erickson that should a site be discovered
absolutely no burden will be placed on the President to take
any further action unless he so desires. The President, of
course, is most interested in reading the report on their findings.
With my best regards,
Sincerely,
John W. Dean III
Counsel to the President
Frank DeMarco, Jr., Esquire
Kalmbach, DeMarco, Knapp & Chillingworth
611 West Sixth Street, Suite 1900
Los Angeles, California 90017
LAW OFFICES
KALMBACH, DEMARCO, KNAPP & CHILLINGWORTH
611 WEST SIXTH STREET SUITE 1900
HERBERT W. KALMBACH
NEWPORT CENTER OFFICE
FRANK DeMARCO,.
LOS ANGELES, CALIFORNIA 90017
SUITE 900 NEWPORT FINANCIAL PLAZA
SHERWOOD C. CHILLINGWORTH
TELEPHONE (213) 625-2191
550 NEWPORT CENTER DRIVE
HAROLD BERAL
NEWPORT BEACH, CALIFORNIA 92660
ALEXANDER BOWIE
TELEPHONE (714) 644-4111
ROBERT M.OLSON,JR.
ROBERT I.MORRISON
August 16, 1971
RICHARD C.GREENBERG
OF COUNSEL
THOMAS D. PECKENPAUGH
JAMES R.KNAPP
TERRY L.RHODES
JAMES H. O'CONNOR
OAKLEY FROST
ALAN R.WOLEN
LARRY B.THRALL
ERIC W.MARTENS
RALPH J. MORGAN
DAVID PATTERSON SMITH
WESTON L.JOHNSON
BRUCE E.HARRINGTON
Mr. John W. Dean, III
Counsel to the President
The White House
Washington, D.C. 20500
Re: Presidential Papers
Dear John:
Enclosed find a collection of memoranda, notes
and raw materials we have been gathering with the view
to preparing a comprehensive paper and recommendation on
ownership and disposition of the Presidential Papers.
Per your request, we are transmitting the material in
this form, and it is my understanding that you may find
some of this useful in connection with your preparation
of such formal memorandum.
Just briefly, however, our basic conclusions
are as follows;
One: The papers created by the President during
his term of office are his to dispose of. We feel there
is much authority to support the conclusion of the author
of "The Paper Trust" included herein that "
the
President of the United States is himself an independent
government agency. In a sense he is accountable only to
God, the Constitution, and the electorate. What comes
into his office during his tenure is his alone."
Two: By virtue of the gift of some of his
pre-presidential papers made in March of 1969, the
President has heretofore obtained the maximum charitable
deduction for such gift as permitted by law. It would
do him no further good under present tax law to make
gifts of his private papers during his lifetime.
LAW OFFICES
KALMBACH, DEMARCO, KNAPP & CHILLINGWORTH
Mr. John W. Dean, III
August 16, 1971
Page Two
Three: Substantial estate tax benefits can be
obtained by utilization of the testamentary bequest of
personal papers as commented upon in the accompanying
memorandum.
Four: Lifetime income tax savings can be
obtained by charitable donation of certain of the non-
paper type memorabilia presently owned by the President.
This procedure could be utilized after the current
charitable contribution tax credit is exhausted.
Five: The President should appoint during his
lifetime a committee of Literary Executors authorized to
act for him in connection with classification and dis-
position of his papers in the event he is unable, by
disability or death, to act for himself.
Included herewith for your review are the
following attachments.
1. Our in-house legal memorandum regarding ownership
of papers (Attachment No. 1) ;
2. Article, "The Paper Trust" by Bernard A. Weisberger
(Attachment No. 2) ;
3. Article, "Music: Why Tax Reform Should be Reformed"
by Irving Lowens (Attachment No. 3) ;
4. Memorandum regarding possible estate tax savings
(Attachment No. 4) ; and
5. Memorandum prepared by Daniel J. Reed regarding
recommendation for appointment of Literary Executors for
the President (Attachment No. 5).
Kindest personal regards.
Sincerely yours,
Jeanh FRANK MARCO, JR.
For the Firm
FDM:gem
Enclosures
LAW OFFICES
KALMBACH, DE MARCO, KNAPP & CHILLINGWORTH
MEMORANDUM
FILE:
Date:
August 13, 1971
RE: OWNERSHIP OF MEMORANDUM
GENERATED BY THE EXECUTIVE
To:
Frank DeMarco, Jr.
DEPARTMENT OF THE FEDERAL
GOVERNMENT
From:
Weston L. Johnson
The starting point in analyzing this problem must
be whether the memorandum constitutes public property or is
the property of the individual who generates the data.
Title 44, United States Code Annotated, Section 3301 states:
"As used in this chapter, 'record' includes
all books, papers, maps, photographs, or
other documentary materials, regardless of
fiscal form or characteristics, made or
received by an agency of the United States
Government under Federal' law or in connec-
tion with the transaction of public business
and preserved or appropriate for preservation
by that agency or its legitimate successor as
evidence of the organization, functions,
policies, decisions, procedures, operations,
or other activities of the government or
because of the informational value of the
data in them. Library and museum material
made or acquired and preserved solely for
reference or exhibition purposes, extra
convenience of reference, and stock of
publications and of processed documents
are not included."
As defined in 44 U.S.C.A., Section 1501, a Federal
agency means:
"The President of the United States, or
an executive department, independent
board, establishment, bureau, agency,
institution, commission, or separate office
of the administrative branch of the govern-
ment of the United States but not the legis-
lative or judicial branches of the government."
Thus, we see that Section 3301 clearly may include any memoran-
dum whatsoever that is generated or received in transacting
public business. The question becomes what determines whether
Attachment No. 1
August 13, 1971
Page 2
or not the particular item is "preserved or appropriate for
preservation". It would seem that items which are determined
not to be worth saving do not fall within the purview of
Title 44. That is, they do not reach the status of "records".
Generally, papers or memorandum in the possession of public
officers which are not required by law (or in the absence of
a specific statute, by custom usage and the nature and purpose
of the memorandum) are not public records. As a general rule,
(a) reports of private individuals to government officials,
even if pursuant to a statute, (b) correspondence of officials
relating to private affairs, although in connection with public
business, and (c) a memorandum of public officers made for their
own convenience, even if made at public expense, are not public
records unless made so by statute
It must be pointed out, however, that most of the
cases have dealt with items such as recordation of title to
land, applications for veterans preferences, certificates of
veterans disability, resolutions and the like. Apparently,
historical memorandum has never been questioned as regards the
ownership of such memorandum. See the attached xerox wherein
ex-Presidents take such items en masse.
It is clear that any item which does in fact become
a record is the property of the governmental agency for which
he works and is not the private property of the official who
makes or receives the document. It would appear, therefore,
that the converse must also be true and that if an item does
not constitute a public record, then one must revert to common
law principles of ownership. The question becomes one of
defining who is the creator and the present possessor and
whether or not such possession if other than in the hands
of the creator, carries title through such actions as gift,
abandonment, sale, or whether the possession is in the nature
of an agency, trust, or other holding such that title resides
in one other than the possessor.
Thus, it would appear that Section 3301 contemplates
that the head of the agency or his superior is the residuum
of authority to determine what in fact will or will not con-
stitute a record absent direct statutory authority. The terms
"preserved or appropriate for preservation by that agency"
quite obviously are intended to provide flexibility in this
regard. In analyzing the situation, it would appear that any
August 13, 1971
Page 3
commonly maintained and formalized document would constitute
a record even in the absence of any specific listing or
denomination as such. In like vein, it would appear that
any items which are drafts, private communications, and the
like which do not constitute a formalized and established
memorandum are not within the concept of a "record". I
would mitigate this last sentence, however, to the degree
that the particular memorandum may fall under the provisions
covering security classification of the documents due to an
overriding national interest. Hence, if the document is
sensitive and may continue as such for any particular period
of time, it would appear that it then becomes a public record
even though only a draft.
The legislative history of Section 3301 as found
in 1968 U.S. Code Congressional and Administrative News
at page 4439, states that the purpose of Title 44 as re-
enacted in 1968 was to continue the law as it previously
existed. The report states:
"It is sometimes feared that mere changes
in terminology and style will result in
changes in substance or impair the pre-
cedent value of earlier judicial decisions
and other interpretations. This fear might
have some weight if this were the usual
kind of amendatory legislation where it can
be inferred that a change of language is
intended to change substance. In a codi-
fication statute, however, the courts
uphold the contrary presumption: the
statute is intended to remain substantively
unchanged.
Thus, we are back to the flexible definition above and the
assumption that the head of the agency controls.
Applying the general rules to the specific situa-
tion, we may assume that we have a particular memorandum or
item and have made the administrative decision that it is a
record, Title 44 then delineates the procedures necessary
for keeping or disposing of such records. Section 3302 of
Title 44 states that the administrator of general services
shall promulgate regulations to establish procedures for
August 13, 1971
Page 4
disposing of records. In general, the head of the agency
will submit to the Administrator lists of records in
his custody that have been photographed or microfilmed
and which the head of the agency deems to have insufficient
administrative, research or other value to warrant their
further preservation at that time and also submits schedules
with regard to records which after a lapse of time will be of
no further value. The Administrator then reviews the schedules
and authorizes disposal of those which he feels are so entitled
and if he has any question, he may request the advice of counsel
of the Committee on Rules and Administration of the Senate and
the Committee on House Administration of the House of Represen-
tatives.
If the head of the agency has determined that the
particular item does not constitute a record, then disposal
of the item is not covered by Title 44. A search of the
statutes indicates that there is no other provision for
their disposal, and, hence, apparently we revert to common
law property rules. The owner, or possessor with the owner's
authority, can apparently remove the item, sell it and do
what is customarily performed in the way of ownership. One
might make the argument that the papers and materials that
constitute the memorandum were purchased by the government
and hence, of necessity, fall within government possession.
However, that would be an extreme argument, and I feel that
custom would normally permit the possessor or owner to remove
the items when he leaves office and do with them as he willed.
I am sure this has been the custom in the past and will
continue to be such. Past Presidents have taken such items
wholesale and were given to a Presidential library under
GSA control, even original records.
We discussed some ancillary aspects of this general
problem. With regard to the example of the "Pentagon Papers"
and memorandum that does not constiute a public record, resort
must again be to the common law. Assuming that ownership was
in the creator or possessor, we are faced with either a copy-
ing or a theft of the item. The issues are whether the item
had been published and hence in the public domain or whether
it was private and some common law right of authorship is
involved. The legal remedies of injunction, replevin, and
damage suits would all be involved. Furthermore, there might
be criminal sanctions against one who without authorization
took the private property of another.
TAXABLE ESTATE
ESTATE TAX
TAX SAVING
MARITAL DEDUCTION
TOTAL
A
B
A
B
A
B
$ 1,500,000.
$ 500,000.
$ 750,000.
$ 500,000.
$
250,000.
$
145,000.
$
65,000.
$
80,000.
1,250,000.
1,000,000.
750,000.
325,000.
235,000.
90,000.
2,500,000.
1,000,000.
145,000.
180,000.
3,000,000.
1,000,000.
1,500,000.
1,000,000.
500,000.
325,000.
1,500,000.
1,500,000.
1,250,000.
525,000.
425,000.
100,000.
3,500,000.
1,750,000.
00.
4,000,000.
1,500,000.
2,000,000.
1,500,000.
1,000,000.
525,000.
325,000.
200,000.
00.
4,500,000.
1,500,000.
750,000.
525,000.
235,000.
290,000.
1,500,000.
2,250,000.
90,000.
00.
4,500,000.
2,000,000.
2,250,000.
2,000,000.
1,750,000.
730,000.
640,000.
2,500,000.
2,000,000.
1,500,000.
730,000.
525,000.
205,000.
00.
5,000,000.
2,000,000.
5,500,000.
2,750,000.
2,000,000.
1,250,000.
730,000.
425,000.
305,000.
2,000,000.
00.
2,000,000.
1,000,000.
730,000.
325,000.
405,000.
6,000,000.
2,000,000.
3,000,000.
5,500,000.
2,500,000.
2,750,000.
2,500,000.
2,250,000.
1,000,000.
875,000.
125,000.
6,000,000.
2,500,000.
3,000,000.
2,500,000.
2,000,000.
1,000,000.
750,000.
250,000.
6,500,000.
2,500,000.
3,250,000.
2,500,000.
1,750,000.
1,000,000.
640,000.
360,000.
2,500,000.
1,500,000.
1,000,000.
525,000.
475,000.
7,000,000.
2,500,000.
3,500,000.
2,500,000.
2,500,000.
1,250,000.
1,000,000.
425,000.
575,000.
7,500,000.
3,750,000.
3,000,000.
2,750,000.
1,265,000.
885,000.
380,000.
6,500,000.
3,000,000.
3,250,000.
7,000,000.
3,000,000.
3,000,000.
2,500,000.
1,265,000.
1,000,000.
265,000.
3,500,000.
3,000,000.
2,250,000.
1,265,000.
875,000.
390,000.
7,500,000.
3,000,000.
3,750,000.
515,000.
8,000,000.
3,000,000.
3,000,000.
2,000,000.
1,265,000.
750,000.
4,000,000.
4,250,000.
3,000,000.
1,750,000.
1,265,000.
640,000.
625,000.
8,500,000.
3,000,000.
9,000,000.
3,000,000.
4,500,000.
3,000,000.
1,500,000.
1,265,000.
525,000.
740,000.
9,000,000.
4,000,000.
3,500,000.
1,840,000.
1,540,000.
300,000.
4,000,000.
4,500,000.
1,265,000.
575,000.
10,000,000.
4,000,000.
5,000,000.
4,000,000.
3,000,000.
1,840,000.
11,000,000.
4,000,000.
4,000,000.
2,500,000.
1,840,000.
1,000,000.
840,000.
5,500,000.
12,000,000.
4,000,000.
6,000,000.
4,000,000.
2,000,000.
1,840,000.
750,000.
1,090,000.
11,000,000.
5,000,000.
4,500,000.
2,470,000.
2,150,000.
320,000.
5,000,000.
5,500,000.
2,470,000.
1,840,000.
630,000.
12,000,000.
5,000,000.
6,000,000.
5,000,000.
4,000,000.
13,000,000.
5,000,000.
6,500,000.
5,000,000.
3,500,000.
2,470,000.
1,540,000.
930,000.
14,000,000.
5,000,000.
7,000,000.
5,000,000.
3,000,000.
2,470,000.
1,265,000.
1,205,000.
15,000,000.
7,500,000.
5,000,000.
2,500,000.
2,470,000.
1,000,000.
1,470,000.
5,000,000.
Estate
Estate