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.
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. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 2 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.] © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 3 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 © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 4 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 © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 5 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. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 6 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: © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 7
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