Sample Publishing Contract
AGREEMENT
made this <<daynumber>> day of
<<month>>, <<year>>
between <<Author's name>>, whose
residence address is <<Author's address>>
(hereinafter called the Author); and INDEX Books whose
principal place of business is at Leiden, The Netherlands -
email cminnen@indexbooks.net (hereinafter called the
Publisher);
WITNESSETH:
In consideration of the mutual covenants herein
contained, the parties agree as follows:
1. GRANT
The author hereby grants and assigns to the Publisher the
exclusive rights to publish in the English language in book
form in all countries of the world, a Work now entitled
<<Title of book>> (hereinafter called the
Work), which title may be changed only by mutual consent in
writing.
2. REPRESENTATIONS AND WARRANTIES
The Author represents that he is the sole proprietor of
the Work and that the Work to the best of his knowledge does
not contain any libelous matter and does not violate the
civil rights of any person or persons, does not infringe any
existing copyright and has not heretofore been published in
book form. The Author shall hold harmless and indemnify the
publisher from any recovery finally sustained by reason of
any violations of copyright or other property of personal
right; provided, however, that the Publisher shall with all
reasonable promptness notify the Author of any claim or suit
which may involve the warranties of the Author hereunder;
and the Author agrees fully to cooperate in the defense
thereof. The warranties contained in this article do not
extend to drawings, illustrations, insofar as not furnished
by the Author, or to any other material not furnished by the
Author.
3. DELIVERY
The Author agrees to deliver to the publisher, a complete
typewritten script as well as a complete electronic text of
the Work in a format to be determined by the Publisher
(hereinafter called the Script). If the Script shall not
have been delivered within three (3) months after the date
this agreement is signed the Publisher may, at its option,
terminate this agreement by notice in writing posted or
delivered to the Author.
4. PUBLICATION
The Publisher agrees to publish the Work in book form at
its own expense at a catalogue retail price of not less than
$60 per copy not later than twelve months after the delivery
of the completed Work. In the event of delay from causes
beyond the control of the Publisher, the publication date
may be postponed accordingly, but not to exceed eighteen
months from the delivery of the completed work.
5. COPYRIGHT
The Publisher, upon first publication of the Work, agrees
duly to copyright it with the relevant authority in the
Netherlands in the name of the Author, and to take all
necessary steps to protect the copyright under the Universal
Copyright Convention. The Author shall, upon the termination
of the first term, make timely application for renewal of
copyright under then existing copyright law and, provided
this agreement shall then be in force and effect, the Author
agrees to assign to the Publisher, for the renewal term of
the copyright, the rights herein granted to the
Publisher.
6. EDITING AND PROOFREADING
The Publisher shall make no changes in, additions to, or
eliminations from the manuscript without the consent of the
Author, and in order to obtain such consent, shall submit
the copy-edited manuscript to the Author for his approval.
The Author agrees to return such proof to the Publisher with
his corrections within thirty (30) days of the receipt
thereof by him. The cost of alterations required by the
Author, other than corrections of typesetting errors, in
excess of fifteen percent (15%) of the original cost of
composition, shall be charged against the earnings of the
Author under this agreement or shall, at the option of the
Publisher, be paid by the Author in cash; provided, however,
that the Publisher shall upon request promptly furnish to
the Author an itemized statement of such additional
expenses, and shall make available at the Publisher's office
the corrected proof for inspection by the Author or his
representatives.
7. ROYALTIES AND LICENSES
The Publisher shall pay to the Author or his duly
authorized representatives, the following advances and
royalties;
(a) A royalty of ten percent (10%) of the retail price
thereof on all copies of the Work sold less returns.
(b) Fifty percent (50%) of the proceeds of any license
granted to another Publisher to bring out a reprint edition
of the Work.
(c) No royalties shall be payable of copies furnished to
the Author or on copies for review, sample, or other similar
purposes, or on copies destroyed.
The Author or his duly authorized representatives shall
have the right upon written request to examine the books of
account of the Publisher insofar as they relate to the Work
and any other of the Author's works under contract to the
Publisher. Such examination shall be at the cost of the
Author unless errors of accounting amounting to five percent
(5%) or more of the total sum paid to the Author shall be
found to his disadvantage, in which case the cost shall be
borne by the Publisher.
8. OVERPAYMENT
In all instances in which the Author shall have received
an overpayment of monies under the terms hereof, the
Publisher may deduct such overpayment from any further sums
payable to the Author in respect to the Work.
9. NOTIFICATION AND PAYMENT
The Publisher agrees promptly to advise the Author of the
terms of any contracts entered into for any grant or license
permitted under this agreement whenever the Author's share
of the proceeds or royalty is one hundred dollars ($100.00)
or more. Such contracts shall be made available by the
Publisher to the Author or his representative at the office
of the Publisher, and a copy thereof will be furnished the
Author upon his written request. The Author's share of such
proceeds or royalty shall be promptly paid to him upon
receipt by the Publisher.
10. AUTHOR'S COPIES
The Author shall be permitted to purchase copies for his
personal use at a discount of forty percent (40%) of the
retail price.
11. STATEMENTS AND PAYMENTS
The Publisher agrees to render semi-annual statements on
July 31 and January 31 in each year following the
publication hereof, showing an account of sales and all
other payments due hereunder to June 31 and December 31
preceding said respective accounting dates. Payment then due
shall accompany such statements.
12. REVERSION AND TERMINATION
(a) At any time after two years from the date of first
publication, but not before, the Publisher may on three
months' notice in writing to the Author or his
representative discontinue publication, and in that event
this agreement shall terminate and all rights hereunder
shall revert to the Author at the expiration of said three
(3) month period.
(b) If the Publisher shall, during the existence of this
agreement, default in the delivery of semi-annual statements
or in the making of payments as herein provided and shall
neglect or refuse to deliver such statements or make such
payments, or any of them, within thirty (30) days after
written notice of such default, this agreement shall
terminate at the expiration of such thirty (30) days without
prejudice to the Author's claim for any monies which may
have accrued under this agreement or to any other rights and
remedies to which the Author may be entitled.
(c) If the Publisher shall fail to publish the Work
within the period in Paragraph 4 provided, or otherwise fail
to comply with or fulfill the terms and conditions hereof,
or in the event of bankruptcy, etc., as in Paragraph 13
hereof provided, this agreement shall terminate and the
rights herein granted to the Publisher shall revert to the
Author. In such event all payments theretofore made to the
Author shall belong to the Author without prejudice to any
other remedies which the Author may have.
(d) Upon the termination of this agreement for any cause
under this Article or Article 13 hereof, all rights granted
to the Publisher shall revert to the Author for his use at
any time and the Publisher shall return to the Author all
property originally furnished by the Author.
13. BANKRUPTCY AND INSOLVENCY
If a petition in bankruptcy shall be filed by or against
the Publisher, or if it shall be adjudged insolvent by any
court, or if a Trustee or a Receiver of any property of the
Publisher shall be appointed in any suit or proceeding by or
against the Publisher, or if the Publisher shall make an
assignment for the benefit of creditors or shall take the
benefit of any bankruptcy or insolvency Act, or if the
Publisher shall liquidate its business for any cause
whatsoever, this agreement shall terminate automatically
without notice, and such termination shall be effective as
of date of the filing of such petition, adjudication,
appointment, assignment or declaration or commencement of
reorganization or liquidation proceedings, and all rights
granted hereunder shall thereupon revert to the Author.
14. RESERVED RIGHTS
All rights in the Work now existing, or which may
hereafter come into existence, not specifically herein
granted are reserved to the Author for his use at any time.
Reserved publication rights include, but are not limited to,
the right to publish or cause to be published in any form,
excerpts, summaries of the Work, thereof, not to exceed
seventy-five hundred (7,500) words in length.
15. ASSIGNMENT
No assignment of this contract, voluntary or by operation
of law, shall be binding upon either of the parties without
the written consent of the other; provided, however, that
the Author may assign or transfer any monies due or to
become due under this agreement.
16. ARBITRATION
Any controversy or claim arising out of this agreement or
the breach thereof shall be settled by arbitration in
accordance with the rules then obtaining. Such arbitration
shall be held in the City of Leiden unless otherwise agreed
by the parties. The Author may, at his option, in the case
of failure to pay royalties, refuse to arbitrate, and pursue
his legal remedies.
17. NOTICES
Any written notice required under any of the provisions
of this agreement shall be deemed to have been properly
served by delivery in person or by mailing the same in paper
or by electronic means to the parties hereto at the
addresses set forth above, except as the addresses may be
changed by notice in writing; provided, however, that
notices of termination shall be sent by registered mail.
18. WAIVER
A waiver of any breach of this agreement or of any of the
terms or conditions by either party thereto, shall not be
deemed a waiver of any repetition of such breach or in any
wise affect any other terms or conditions hereof; no waiver
shall be valid or binding unless it shall be in writing, and
signed by the parties.
19. INFRINGEMENT
If during the existence of this agreement the copyright
shall be infringed, the Publisher may, at its own cost and
expense, take such legal action, in the Author's name if
necessary, as may be required to restrain such infringement
or to seek damages therefor. The Publisher shall not be
liable to the Author for the Publisher's failure to take
such legal steps. If the Publisher does not bring such an
action, the Author may do so in his name at his own cost and
expense. Money damages recovered for an infringement shall
be applied first toward the repayment of the expense of
bringing and maintaining the action, and thereafter the
balance shall belong to the Author, provided, however, that
any money damages recovered on account of a loss of the
Publisher's profits shall be divided equally between the
Author and the Publisher.
20. DOCUMENTS
If any of the rights granted to the Publisher revert to
the Author, the Publisher shall execute all documents which
may be necessary or appropriate to revest all such rights in
the Author.
21. LAW
This agreement shall be construed in accordance with the
laws of the Netherlands and the European Union.
22. INHERITANCE
This agreement shall be binding upon and inure to the
benefit of the heirs, executors, administrators and assigns
of the Author, and upon and to the successors and assigns of
the Publisher.
23. ALTERATION
This agreement may not be modified, altered or changed
except by an instrument in writing signed by the Author and
the Publisher.
24. APPROVAL
Notwithstanding anything to the contrary herein
contained, the Publisher shall obtain the Author's written
advance approval of any jacket or cover design, including
the text thereof, to be used in connection with the Work,
and of any contracts with third parties for the publication
of the Work; which approval shall not be unreasonably
withheld.
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X______________________________
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X____________________________
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AUTHOR
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Witness for the Author
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X______________________________
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X____________________________
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PUBLISHER
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Witness for the Publisher
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