23 June 1870
Mr. O. Driftwood
Driftwood Fiorello and Tomasso, Attorneys at Law
New York City, New York
USA
Sir,
As you are well aware, we negotiated a contract in which any and all Dime Novels, or whatever your legal term for them, were to be exclusive to the publishing firm that Mr. Henry Gottlieb1 is the editor for. It was additionally negotiated after the publication of “The Amazing Adventures of Atlas O’Flaherty” that additional obligations of my presence in these publications could be satisfied by artists’ renditions of myself for bookcovers2.
This morning my usual, inconspicuous movement about London was impeded by autograph seekers and other associated rabble showing copies of, and inquiring about, “Kid Rocket meets Atlas O’Flaherty, part 1” in the London Illustrated Weekly by a Mr. George Pennifeather3.
Quite frankly, you have done naught as far as anything beneficial to me as my legal representative. This ends now. I demand that you address this foolishness at once, sir! And reply to me in plain English regarding the contract, no “party of the first part” rubbish, if you please.
Yours,
Mr. Seamus Michael O’Flaherty
Curator’s Notes:
1 Mr. O’Flaherty is referring to Claypool and Gottlieb Printing and Publication, creators of “The Albany Monthly Reader” and “Astounding Exploits” among others.
2 This is a partial truth. Mr. O’Flaherty’s impressive physique was indeed used as an artist model, but the head was almost always that of actor Herbert Jamison, a lesser-known romantic lead in New York City. It has been implied by some that Mr. O’Flaherty was unaware of this and believed the entire likeness as him.
3 While Mr. Pennifeather is rarely mentioned in these correspondences, always in an off-hand manner as seen above, it is widely attributed that on one occasion in public O’Flaherty was asked about the writer. The story goes that he instantly flew into a rage and shouted “George Pennifeather is a thrice-damned liar and a good-gooly-barstard to boot.” The story, however, seems unlikely, as near identical phrases have been accredited to other famous subjects of the work of this otherwise little-known London author.
Curator’s Note: the following is a remarkable find. This crumpled letter was found amongst the “Kid Rocket” collection of an ardent fan of the various publications in London
(special thanks to the Graham family)
July 20, 1870
Mr. Seamus O’Flaherty
No. 128 1/2 Dorset Street
London, England
Mr. O’Flaherty,
Mr. Driftwood is currently on safari hunting elephants. Mr. Fiorello is also, unfortunately, unavailable. As you are aware, Mr. Tomasso is a silent partner. However, as our client, we have investigated your contact and done the research into your situation as you have requested.
First: unfortunately your contract is covered only in publications in the United States and would not apply in this event anyway, as the primary character clearly is Kid Rocket and therefore because you appear as a secondary character, Claypool and Gottlieb could not likely invoke your exclusive contract anyway. This is clearly expressed in clause thirteen and clause twenty-two of your original contract.
All is not bad news, however. When we discussed this with Mr. Gottlieb, despite your past disagreements, we found that he was delighted that you were overseas and that our firms could combine to act on your behalf. While we can do little in regard to the London Illustrated Weekly, your contract does stipulate that all appearances by you in foreign publications can be reprinted in the United States exclusively by Claypool and Gottlieb. Mr. Gottlieb enthusiastically agreed to pick up this option and reprint your exploits with the famous outlaw. You will also no doubt be delighted to know that these reprints will count towards the contractual obligations you inquired about from clause five. You can also feel comfortable in the fact that your usual situation regarding financial compensation for use of these stories applies in this case1.
Thank you for your letter. It is a pleasure to serve your interests here in the United States in your absence. If there are any additional requests regarding this contract or any other legal manners here, please let us know. Our firm will personally see that every situation is resolved with as much positive benefit to you as this one turned out. If you don’t mind my saying so, I personally can’t wait to read your new adventures.
Your humble servant,
Robert Roland
Secretary
Driftwood Fiorello and Tomasso, Attorneys at Law
Curator’s Notes:
1 While Mr. O’Flaherty was one of the few to negotiate boundaries to his appearance in these types of stories, one of the clauses to the contract mentioned here stated that his share would not be paid until funds were transferred from the distributor to the publisher. While this is a fairly common clause, both the distribution and publishing were owned wholly by Claypool and Gottlieb. In the end, Atlas O’Flaherty reportedly collected no more for the use of his name than any other real life individual appearing in the Dime Novels.
Proceed to Should not have said that
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