Book Publishing Contract

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					A Book Publishing Contract is a legal agreement between an author and a publishing
company that grants rights to the publishing company to print and distribute the author's
work in particular regions or worldwide. This agreement contains the relevant, and
standard terms used in this type of agreement, but contains optional language that may
be input to customize the agreement so that it will fit the needs of the contracting
parties. The contract agreement is most useful for writers wishing to enter into a
publishing agreement with a publishing company or for a publishing company wishing to
enter into an agreement with a writer.
                            BOOK PUBLISHING CONTRACT

THIS BOOK PUBLISHING AGREEMENT dated as of the _______ day of
_______________, 20____, between __________________ [enter publishing company]
located at _______________________ (address), represented by ________________ (herein
called the “Publisher”) and _________________________, (the “Author”) located at
______________________ (address) hereinafter collectively referred to as the “ Parties”
               ..

             In consideration of the premises and of the mutual convenants and agreements
herein contained, the Parties hereto agree as follows regarding the novel entitled
“_________________” ( the “Book”) by written by Author.

I.                GRANT OF THE RIGHTS

1.01             The Author hereby grants to the Publisher the sole and exclusive licence to
translate, print, publish and sell the Book, in both print and digital formats, at the sole expense of
the Publisher in trade volume from imprint format only in the _________________ language(s)
but limited to the territory(s) of __________________________________________.

1.02            All other rights in the Book whether now existing or which may hereafter come
into existence which are not expressly licenced in this Agreement are hereby reserved to and by
the Author, and Publisher shall not sell or otherwise make available copies of the Book in whole
or in part to any person, firm or company, other than as specifically authorized herein.

II.               TERM OF LICENCE

2.01             The licence herein granted shall commence on the date hereof and shall continue
for a period of ___________ (___) years (the “Term”) and at the end of the Term, this
Agreement shall terminate. Upon termination of this Agreement, all of the rights granted to the
Publisher herein shall revert to Author, and Publisher shall no longer have the right manufacture
or sell copies of its edition of the Book; provided, however, that the Publisher may nevertheless
sell its existing stock of printed copies of the Publisher’s edition of the Book for one (1) year
following the termination of this Agreement, subject to payment to the Author of all applicable
royalties as hereinafter provided. The Publisher’s initial edition of the Book shall be published
under its ________________________ imprint[If applicable].


III.              PAYMENTS TO AUTHOR


3.01            The Publisher shall pay to the Author as a non-refundable advance against all
royalties and all other income earned by the Author hereunder, the sum of
____________________ ($___________) Dollars, payble in full upon the execution of this
Agreement by the Publisher and the Author.



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3.02            Subject to the foregoing, the Author shall earn and the Publisher shall pay to the
Proprieptor royalties on all copies of Publisher’s edition at the rate of ______________ (___%)
percent on all print copies sold and at the rate of ______________ (___%) percent on all digital
versions (the “Royalties”).


IV.               ACCOUNTING

4.01            Commencing on the _______ day of ___________ immediately following the
first publication of Publisher’s edition of the Book, or the first day that the Book is available for
digital download, the Publisher shall render annual statements of account as of
________________ in each year of the Term and shall mail such statements to the Author within
sixty (60) days of that date together with the payment of all Royalties then due and payable.

4.02           Author will have two (2) years from date of receipt of a statement of account to
object to same and one (1) year thereafter to bring suit. Author may request an audit of
Publisher’s books and records related to the manufacturing and sale of the Book by giving
Publisher a minimum of two (2) weeks written notice. The audit shall be held at Publisher’s
principal place of business as set forth above. Only one accounting shall be permitted per
calendar year. In the event that an audit reveals a discrepancy of more than five percent (5%),
Publisher shall be responsible to bear the costs of the audit and shall remit the payment to Author
immediately upon its receipt of an invoice.



V.                DELIVERY


5.01          The Author shall supply to the Publisher with a digital file containing the Book
manuscript within ____ (____) days of receipt by Author of the advance.



VI.      CHANGES TO THE BOOK

6.01         The Publisher may not expand, abridge or otherwise alter the text or title of the
Book or add any material to the Book, textual or illustrative, without the Author’s prior written
consent.


6.02           The Publisher may request that Author make minor changes to the Book prior to
publication. Any such requests must be made to the Author in writing and Author must be given
a reasonable period of time to make the requested changes. [Instruction: The Parties should
agree as to what changes the Author may be requested to make, and what changes the Author
has a right to refuse. The Parties may also include language as to how a dispute regarding
changes is to be resolved.]


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VII.              TRANSLATION

7.01            The translation of the Book (the “Translation”) shall be performed at Publisher’s
sole risk and expense. The Translation shall be faithful and accurate with only such slight
modifications to the original text as may be required to achieve a competent and idiomatic
translation, but shall otherwise preserve and maintain the meaning and literary writing style of
the original text of the Book.


VIII.             PUBLICATION AND PROMOTION

8.01           The Publisher shall publish its edition of the Book, at its sole risk and expense,
within ___________ (____) months of the date of this Agreement and shall promptly notify the
Author of the date of such publication and send to the Author _______ (___) free copies of the
Publisher’s edition of the Book.

8.02           In the case of digital versions of the book, Publisher shall make the digitial
version available on the Internet within _____ (____) months of the date of this Agreement and
shall promptly notify Author of said date.

8.03              Publisher agrees to use its best efforts to promote the Book, including but not
limited to _________________________________[Instruction: Insert what marketing and
promotional efforts Publisher agrees to undertake on behalf of Author and the Book and whether
any of the monies spent on marketing and promotion are recoupable. Also included could be a
list of retail locations and web sites or Internet based distributors that will carry the Book, i.e.
Amazon, Barnes and Noble, etc.]


IX.               COPYRIGHT

9.01           The Publisher agrees to print, or display in the case of the digital version, on the
page immedialty following the title page on every copy of the Publisher’s edition of the Book,
the copyright notice supplied by the Author, or in the absence of special instructions, the
copyright notice in the identical form as found in the Author’s edition of the Book as furnished
by Author.


X.                WARRANTIES AND INDEMNITIES

10.01          With respect to the Book as published by the Author, the Author represents and
warrants that:

       A.That it is authorized to grant the rights licensed to the Publisher in this Agreement;
       B.That all necessary permissions for copyrighted material included in the Book and
supplied by the Author or by the Author, if any, have been obtained by the Author or by the
Author, as the case may be, unless otherwise specified in writting, in which case the Author shall


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make reasonable efforts to supply the Publisher with the necessary information for obtaining
such permissions itself;
       C.That it shall indemity and hold the Publisher harmless from any expenses or damages
arising out of any breach of the foregoing representations and warranties.

10.02          The Publisher agrees to indemnify and hold the Author harmless from any
expenses or damages arising from any claim pertaining to the Translation or any addition to,
deletion from, or editing of the Book by the Publisher without the Author’s prior written
approval.



XI.               TERMINATION

11.01          This Agreement shall automatically terminate and all rights herein shall revert to
the Author if:

                  A.       the Publisher fails to publish its edition of the Book within the time
                           specified herein;
                  B.       the Publisher defaults in the performance or observance of any other terms
                           of this Agreement and does not promptly remedy such default within thirty
                           (30) days from receipt of a written notice from the Author to do so; or
                  C.       the Publisher is adjudicated a bankrupt or takes advantage of any
                           insolvency law.

11.02          The Publisher agrees that following any termination of this Agreement due to
bankruptcy, insolvency, default or breach of this Agreement, all amounts payable by any sub-
licensee shall be paid in full directly to Author; provided, however, if any such amounts are
nevertheless paid to the Publisher, the Publisher shall promptly remit such amounts, without
deduction, to the Author and the Author shall be entitled to retain such amounts as its sole and
absolute property.


XI.               MISCELLANEOUS

11.01          This Agreement may not be assigned or otherwise transferred by the Author or by
the Publisher without the prior written consent of the other party first had and obtained, which
consent shall not be unreasonably withheld or arbitrarily delayed.

11.02            This Agreement shall be governed by and construed in accordance with the laws
of the State of ___________________. Each of the Parties in any suit, action or proceeding
arising out of or relating to this Agreement, irrevocably (i) submits to the jurisdiction of the State
Courts of the State of _______ and the United States District Court for the district of
______________over any suit, action or proceeding arising out of or relating to this Agreement,
(ii) waives to the fullest extent enforceable under applicable law any objection which it may now
or hereafter have to the above venue of any such suit, action or proceeding and any claim that


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any such suit, action or proceeding brought in such Court has been brought in an inconvenient
forum, (iii) waives to the fullest extent enforceable under applicable law any objection which it
may now or hereafter have to the above mentioned Court having jurisdiction of the Parties hereto
and to the subject matter of this Agreement, and (iv) acknowledges that a final judgment in any
such suit, action or proceeding brought in such Court, after all appropriate appeals, shall be
conclusive and binding upon it. In any suit or arbitration regarding the Agreement, the prevailing
party shall be entitled to reasonable attorneys’ fees and costs. In any suit or arbitration regarding
the Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs.

11.03           This Agreement constitutes the entire agreement between the Parties hereto with
respect to the subject matter contained in this Agreement and supersedes all prior oral or written
representations and agreements. No waiver, modification or cancellation of any term of this
Agreement shall be binding unless in writing and signed by both Parties.

11.04          This Agreement may be communicated or accepted by email or facsimile
transmission to the address, facsimile or email address listed below, and the Parties hereto agree
that reproductions of signatures by such telecommunications will be treated as originals.

to Publisher:
[Instruction: include address, fax number and email address]


to Author:
[Instruction: include address, fax number and email address]

11.05          A party (the “Breaching Party”) will only be in breach of this Agreement if the
other party gives the Breaching Party notice of the breach and the Breaching Party does not cure
the breach within thirty days after the date of the notice.




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       IN WITNESSS WHEREOF, the Parties hereto have duly executed this Agreement as of
the day and year first above written.


                                                        (PUBLISHING COMPANY)




                                                        Name:
                                                        Title:



                                                        (AUTHOR)



                                                        Name:
                                                        Title:




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DOCUMENT INFO
Description: A Book Publishing Contract is a legal agreement between an author and a publishing company that grants rights to the publishing company to print and distribute the author's work in particular regions or worldwide.  This agreement contains the relevant, and standard terms used in this type of agreement, but contains optional language that may be input to customize the agreement so that it will fit the needs of the contracting parties.  The contract agreement is most useful for writers wishing to enter into a publishing agreement with a publishing company or for a publishing company wishing to enter into an agreement with a writer.
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