This Printing and Publishing Contract is made between an author and a publisher to publish the author's literary work. The agreement grants exclusive publication and distribution rights to the publisher for the author's work, in exchange the author is paid an advance and royalties. The agreement contains standard royalty terms which can be adjusted depending on the needs of the parties. It also reserves certain performance rights in the author and grants the publisher an option to publish the author's next work. This document contains numerous standard provisions and may be customized to address the needs of the parties. It should be used by authors and publishers when forming a publishing agreement.
This Printing and Publishing Contract is made between an author and a publisher to publish the author's literary work. The agreement grants exclusive publication and distribution rights to the publisher for the author's work, in exchange the author is paid an advance and royalties. The agreement contains standard royalty terms which can be adjusted depending on the needs of the parties. It also reserves certain performance rights in the author and grants the publisher an option to publish the author's next work. This document contains numerous standard provisions and may be customized to address the needs of the parties. It should be used by authors and publishers when forming a publishing agreement. PRINTING AND PUBLISHING AGREEMENT THIS PRINTING AND PUBLISHING AGREEMENT (the “Agreement”), is made and entered in as of ___________ [Instruction: Insert Date], by and between ___________ [Instruction: Insert Name of Publisher], ___________ [Instruction: Insert Address] (“Publisher”), and ___________ [Instruction: Insert Name of Author], ___________ [Instruction: Insert Address] (“Author”). WHEREAS, Publisher is in the business of printing and publishing literary works; WHEREAS, Author has written a literary work tentatively entitled ___________ [Instruction: Insert Work Title] (the “Work”); WHEREAS, Publisher desires to publish the Work, and Author is agreeable, subject to the following the terms and conditions; NOW, THEREFORE, in consideration of the promises and other good and valuable consideration set forth herein, the parties agree as follows: 1. Grant of Rights. Throughout ___________ [Instruction: Insert territory] (the “Territory”), for ___________ (___) [Instruction: Insert Number of Years] years from the date hereof (the “Term”), Author hereby grants the Publisher the exclusive right, in the English language, to: A. Print, publish and sell the Work in book form; B. License publication of the Work (in complete, condensed or abridged versions) by book clubs, including subsidiaries of the Publisher; C. License publication of a reprint edition by another publisher, provided Publisher obtains the prior written consent of the Author. Notwithstanding the foregoing, the Author shall be deemed to have given such consent if the Author fails to notify the Publisher in writing of his refusal to consent, within fifteen (15) days of receipt of such written request; D. License publication of the Work (in complete, condensed, adapted or abridged versions) or selections from the work in anthologies and other publications, in mail-order and school book editions, as premiums and other special editions and/or other forms of copying; E. License periodical publication including magazines, newspapers and digests prior to book publication; F. License periodical publication after book publication to the extent that any such right is available; G. License, subject to the Author’s prior written consent, adaptation of the Work for filmstrips, printed cartoon versions and mechanical reproduction; H. License the Work in Braille or in other forms, for the physically handicapped; I. For publicity purposes, publish or permit others to publish or broadcast (but not dramatize) by radio or television, without charge, such selections from the Work as in the opinion of the Publisher may benefit its sale. J. Exclusive right to use or license others to use, subject to the prior written approval of the Author, the name and likeness of the Author, the Work and the title of the Work, in whole or in part, or any adaptation thereof as the basis for trademark or trade name for other products or for any other commercial use in connection with such other products. 2. The Work. A. The Author agrees to deliver a complete copy of the manuscript of the Work, in the English language, of approximately ___________ [Instruction: Insert Amount] words in length, satisfactory to the Publisher, together with any permission required pursuant to this Agreement, and all photographs, illustrations, drawings, charts, maps and indexes suitable for reproduction and necessary to the completion of the manuscript no later than ___________ [Instruction: Insert Date] (the “Delivery Date”). If the Author fails to deliver the manuscript within ninety (90) days after the Delivery Date, or if the manuscript is not, in the Publisher’s reasonable business judgment, satisfactory, the Publisher may terminate this Agreement by giving written notice. B. If the Author incorporates in the Work any copyrighted material, the Author shall identify such to Publisher and, if the Publisher reasonably requires, shall procure, at the Author’s expense, written permission to reprint it. C. During the Term of this Agreement the Author shall not, without the prior written approval of the Publisher, publish or permit to be published any material, in book or pamphlet form, based on material in the Work. D. Within one (1) year following Author’s delivery of a complete and satisfactory manuscript, the Publisher shall publish the Work, at Publisher’s expense, in such style and manner, under such imprint and at such price as Publisher deems suitable. Publisher shall not be responsible for delays caused by any circumstance beyond its control. No changes in the manuscript or the title shall be made without the consent of the Author. However, in no event shall the Publisher be obligated to publish a work, which in Publisher’s opinion violates the common law or statutory copyright or the right of privacy of any person or contains libelous or obscene matter. E. The Author agrees to read, revise, correct and return promptly all proofs of the work and to pay in cash or, at the option of the Publisher, to have charged against him, the cost of alterations, in type or in plates, required by the Author, other than those due to printer’s errors, in excess of ten percent (10%) of the cost of setting type, provided a statement of these charges is sent to the Author within thirty (30) days of the receipt of the printer’s bills and the corrected proofs are presented upon request for his inspection. F. The Publisher shall copyright the Work in the name of the Author, in the United States and such other territories where the Work is published, all in compliance with the Universal Copyright Convention, and, when necessary, shall apply for all such renewals of such copyright. G. Upon publication of the Work, the Publisher shall give ten (10) free copies to the Author, who may purchase further copies for personal use at a discount of forty percent (40%) from the retail price. H. If the Publisher fails to keep the work in print and the Author makes written demand to reprint it, the Publisher shall, within sixty (60) days after the receipt of such demand, notify the Author in writing if it intends to comply. Within six (6) months thereafter, the Publisher shall reprint the work. If the Publisher fails to notify the Author within sixty (60) days that it intends to comply, or, within six (6) months after such notification, the Publisher declines or neglects to reprint the work, then this agreement shall terminate and all rights granted hereunder shall revert to the Author, subject to licenses previously granted. After such reversion, the Publisher shall continue to participate to the extent set forth in this agreement in moneys received from any license previously granted by it. Upon such termination, the Author shall have the right for thirty (30) days thereafter to purchase the plates, if any, at one-fourth of the cost (including typesetting). If the work is under contract for publication or on sale in any edition in the United States, it shall be considered to be in print. A work shall not be deemed in print by reason of a license granted by the Publisher for the reproduction of single copies of the work. 3. Compensation. A. Advance. The Publisher shall pay to the Author as an advance against and on account of all moneys accruing to the Author under this Agreement, the sum of ___________ Dollars ($_______) [Instruction: Insert Amount], which sum shall be due and payable upon the execution hereof. While such advance shall be recoupable from monies accruing to the Author hereunder, it shall not be repayable, unless the Author is in default of this agreement. B. Royalties. The Publisher shall pay to the Author the following royalties, less actual returns and a reasonable reserve for returns [Note: The royalty rates have been included (and highlighted) below. These rates, while fairly standard in the book publishing industry, are just for demonstrational purposes, and can be adjusted to whatever rates are agreed]. i. Normal Retail and Wholesale Channels. Ten percent (10%) of the retail price of every copy of the Work sold by Publisher up to and including five thousand (5,000) copies; Twelve and one half percent (12.5%) of the retail price of every copy of the Work sold by Publisher in excess of copies up to and including ten thousand (10,000) copies; and fifteen percent (15%) in excess of ten thousand (10,000) copies of the Work. In the event that semi- annual sales aggregate fewer than four hundred (400) copies, the royalty shall be two-thirds (⅔) of the rate provided in this paragraph. ii. Mail Order Sales. Five percent (5%) of gross receipts relating to copies of the Work sold directly to the consumer through the medium of mail-order or coupon advertising, or radio or television advertising. iii. Premiums and Subscriptions. Five percent (5%) of gross receipts relating to copies of the Work sold by the Publisher’s Premium or Subscription Books Wholesale Department. iv. School Sales. Ten percent (10%) for of the retail price of hard-cover copies of the Work and five percent (5%) of the retail price of soft-cover copies of the Work that are sold with a lower retail price as college or school textbooks. v. Library and Lower-price Editions. Five percent (5%) of the retail price of any edition of the Work published at a lower retail price or for an edition in the Modern Library (regular or giant size) or in Vintage Books. vi. Export Sales. For copies of the Work sold for export, ten percent (10%) of gross receipts for the original edition of the Work and five percent (5%) of gross receipts for any lower-price edition of the Work. vii. Special Sales. For copies sold outside normal retail and wholesale trade channels, ten percent (10%) of the gross receipts for the original edition of the Work and five percent (5%) of gross receipts for any lower-price edition of the Work. viii. Free Goods. No royalty shall be paid on copies sold below or at cost including expenses incurred, or furnished gratis to the Author, or for review, advertising, sample or like purposes. Notwithstanding the foregoing, such free goods shall not exceed ten (10%) of all copies of the Work. ix. Translations. For translations of the work, Seventy-five percent (75%) of the gross receipts from the disposition of licenses granted by Publisher pursuant to the rights granted hereunder. x. Other Rights. Fifty percent (50%) of gross receipts from the disposition of all other licenses granted by Publisher pursuant to the rights granted hereunder.. xi. Foreign. For sales outside of the U.S. and Canada the foregoing royalties shall be reduced as follows: (1) UK: Ninety percent (90%) of the otherwise applicable rate; (2) Remainder of the E.U., Australia and Japan: eighty percent (80%) of the otherwise applicable rate; and (3) Rest of the World: seventy percent (70%) of the otherwise applicable rate. C. Accounting and Audit. Publisher shall render to Author semi-annual statements, and payments therefor (subject to recoupment of the advance), of all royalties payable hereunder within ninety (90) days after the last day of June and December, for each semi-annual period for which any such royalties accrue pursuant to the terms hereof. The statements rendered by Publisher to Author hereunder shall set forth in reasonable detail all information as shall be reasonably necessary for Author to properly analyze such statements. All royalty statements and all other accountings rendered by Publisher to Author shall be binding upon Author and not subject to any objection by Author for any reason unless specific objection in writing, stating the basis thereof, is given to Publisher within two (2) years from the date received by Author. Author will not have the right to sue Publisher in connection with any royalty accounting hereunder unless such suit is commenced within two and one-half (2.5) years after the statement in question is received by Author. Publisher shall maintain complete and accurate books and records of all transactions relating to the subject matter hereof. Author shall have the right, upon reasonable notice to Publisher, to audit such books and records and to make extracts and copies thereof, for the purpose of determining the accuracy of royalty statements and payments, not more than once during any calendar year, and only once with respect to any statement rendered hereunder. 4. Additional Rights. A. Rights Retained By Author. Publisher hereby acknowledges and agrees that Author shall retain all rights in and to the Work that are not specifically granted to Publisher hereunder, throughout the World, during the Term of the Agreement and thereafter, including but not limited to, the right to dispose of the performance rights including dramatic, musical, radio, television, motion picture and allied rights in and to the Work, in all media now known or hereafter devised. B. Publisher’s Option For The Next Work. The Author agrees to submit to the Publisher the Author’s next book-length work before submitting the same to any other publisher. The Publisher shall be entitled to a period of six (6) weeks after the submission of the completed manuscript to notify the Author of its decision. If within that time the Publisher shall notify the Author of its desire to publish the manuscript, it shall thereupon negotiate with him with respect to the terms of such publication. If within thirty (30) days thereafter the parties are unable in good faith to arrive at a mutually satisfactory agreement for such publication, the Author shall be free to submit his manuscript elsewhere, provided, however, that he shall not enter into a agreement for the publication of such manuscript with any other publisher upon terms less favorable than those offered by the Publisher. 5. Representations, Warranties and Indemnity. A. The Author represents and warrants that: i. The Author is the sole author of the Work, the sole owner of all the rights granted to the Publisher; and has not previously assigned, pledged or otherwise encumbered the same; ii. The Author has unencumbered right and power to enter into this Agreement; iii. Excluding the material licensed pursuant to paragraph 2.A) hereof, the Work is original, has not been published before, and is not in the public domain iv. The Work does not violate any right of privacy, infringe upon any statutory or common law copyright, is not libelous or obscene, infringe upon any other legal right or remedy, or likely to be injurious to any purchaser. B. In the event of any claim, action or proceeding based upon an alleged violation of any of these warranties, the Author agrees to indemnify and hold harmless the Publisher, any seller of the Work, and any licensee of a subsidiary right in the Work, against any all loss, damage or liabilities sustained (including reasonable attorneys fees), provided such claim, action or proceeding is reduced to a final adverse judgment or a binding settlement. No settlement shall be effected without the prior written consent of the Author, which consent shall not unreasonably be withheld. If any such claim, action or proceeding is instituted, the Publisher shall promptly notify the Author, who shall fully cooperate in the defense thereof. During the pendency of such claim, action or proceeding and the Publisher may withhold payments of amounts reasonably related to the aggregate liability exposure. 6. Miscellaneous. A. This Agreement constitutes the entire agreement between the parties hereto with respect to the specific subject matter hereof and supersedes all prior agreements or understandings of any kind with respect to the specific subject matter hereof. B. In the event that any provision or part of this Agreement shall be deemed void or invalid by a court of competent jurisdiction, the remaining provisions or parts shall be and remain in full force and effect. C. Any modification to this Agreement must be in writing and signed by the parties or it shall have no effect and shall be void. D. This Agreement is binding upon and shall inure to the benefit of the respective successors, licensees and/or assigns of the parties hereto. Notwithstanding the foregoing, neither party may assign their respective rights and/or obligations hereunder without the other party’s prior written consent. E. The waiver by either party of a breach or violation of any provision of this Agreement shall not constitute a waiver of any subsequent or other breach or violation. F. This Agreement shall be governed in accordance with the laws of the State of _____________ [Instruction: Insert State], applicable to agreements to be wholly performed therein, with jurisdiction exclusive to the Federal and State courts located in the County of _____________ [Instruction: Insert County], State of ______________ [Instruction: Insert State]. \ \ \ \ IN WITNESS WHEREOF the parties have duly executed this Agreement as of the date first written above. PUBLISHER: ________________________________ [Instruction: sign] By: ___________________________ [Instruction: Insert Name of Signatory] Title: ___________________________ [Instruction: Insert Title of Signatory] AUTHOR: ________________________________ [Instruction: sign] By: ___________________________ [Instruction: Insert Name of Signatory] Title: ___________________________ [Instruction: Insert Title of Signatory]
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