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ZILG v. PRENTICE-HALL, INC.
Terms in this set (6)
BEST PROMOTIONAL EFFORTS
The contract left the decisions in question to the business judgement of the publisher, the authors protection being the publishers experience, judgement and quest for profits. P-H'S promotional efforts were adequate, notwithstanding the reduction of the first printing and the initial advertising budget. Indeed, those reductions, coming on the heels of BOMC's decision not to distribute the book, appear to be a rational reaction the news.
DEFENDANT (prentice hall) ARGUMENT
-Zilg neither bargained for nor acquired an explicit "best efforts" or "promote fully promise", much less an agreement to make certain specific promotional efforts.
-PH obligated itself to publish the book once it had accepted it, the contract expressly leaves to P-H's discretion printing and advertising decisions.
-The contract establishes a relationship between the publisher and author which implies an obligation upon the former to make certain efforts in publishing the book it has accepted notwithstanding the clause which leaves the number of volumes to be printed and the advertising budget to the publishers discretion.
PLAINTIFF (Zilg) ARGUMENT
PH had breached its good faith obligation to extend best efforts to promote the book fully and fairly.
-1972 Zilg agrees to write a book about the Dupont Family
-Contract required Zilg to deliver to PH a manuscript in final form and content acceptable to the publisher, which would then be published by PH in the style it deems best suited to the sale of the work.
-PH decided on a first printing of 15,000 copies at $12.95 per copy and an advertising budget of $15000.
-Book was harshly criticized by members of BOMC and the public.
-PH later discovered mistakes of fact and possibly libelous mischaracterizations in the text.
-Fortune Book Club (BOMC) decided to withdraw distribution of the book
-First printing reduced from 15000 to 10000 (5000 no longer needed for BOMC), and the advertising budget reduced from 15000 to 5000
-Trial court held in favor of Zilg as it held that PH reduced printing copies and advertising budget for no valid cause.
-PH appealed and the appellate court reversed the decision to PH's favor.
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