Author and Publisher Agreement For you to modify "The Best One" to YOUR needs 2020
Literary Agreement Attorney Approved
AGREEMENT
made this ____day of _____, 2020
between, whose residence address is (hereinafter called
the Author); and
whose principal place of business is at (hereinafter called the
Publisher);
WITNESSETH:
In consideration of the mutual covenants herein contained, the
parties agree as follows:
1. GRANT
The Author grants to the Publisher for a period of five (5) years
from the date of first publication the sole and exclusive right
to publish and sell an English language paperback edition of the
Work throughout the United States, its territories and
possessions, and Canada. Upon the expiration of this agreement
five (5) years from the date of the original publication, the
Publisher shall have the first option to conclude an agreement with
the Author for continued publication rights to the Work on terms
to be mutually agreed upon. Should no such agreement be concluded
within sixty (60) days of the expiration of this agreement, all
rights to the Work shall automatically revert to the Author.
2. REPRESENTATIONS AND WARRANTIES
The Author warrants and represents that this Work is original
with him and has not heretofore been published in paperback form,
that he is sole author and proprietor of said Work with full
power and right to enter into this agreement and to grant the
rights hereby conveyed to the Publisher; that said Work contains
no matter which is libelous and infringes no right of privacy or
copyright; that he has not heretofore and will not hereafter
during the term of this agreement enter into any agreement or
understanding which would conflict with the rights herein granted
the Publisher. If the Author shall breach this warranty, the
Publisher shall be entitled to injunctive relief in addition to
all other remedies which may be available to it. The Author
further agrees that he will hold the publisher, its distributors,
and any retailer harmless against any recovery or penalty finally
sustained arising out of his breach of this warranty, and in this
event he will reimburse the Publisher for all court costs and
legal fees incurred. Any out of court settlement of any suit
filed jointly against the Author and the Publisher shall be made
only by mutual agreement in writing between the same.
3. ADVANCE
Subject to the provisions hereof, the Publisher agrees to pay the
The author as an advance against royalties to be earned at the rate
hereinafter set forth the sum of $_______ payable as follows: $
on the Author's signing of this agreement; $________ on
acceptance by the Publisher of the Author's completed manuscript
of said Work.
4. ROYALTIES
The Publisher will pay the Author royalties based upon net sales
as reported by the Publisher's distributors as follows: On copies
sold at the full retail price as imprinted on the cover:
% of said retail price on the first one hundred thousand
(100,000) copies sold and _____% thereafter. On all other copies
sold at special rates, through book clubs, or as remainders, a
percentage of the per-copy amount received by the Publisher equal
to (a) sixty percent (60%) of the percentage of the per-copy amount
received by the Author under the minimum royalty rate for regular
sales, or (b) five percent (5%) of net proceeds to the Publisher,
whichever shall be greater.[*]
5. SUBSIDIARY RIGHTS
The Author and/or his agent shall retain in full the exclusive
right to sell or license the Work for publication in whole or in
part, in English or in any foreign language, in any way, shape,
edition, or form not in conflict with the rights granted to the
Publisher under this agreement, and shall further retain the full
and exclusive rights to license the Work for use in other media,
except that the Publisher shall have the right to license second
serial rights subsequent to book publication, and shall retain
fifty percent (50%) of the proceeds of such licensing or sale.
Upon mutual agreement between the Publisher and the Author, the
Publisher may act as the Author's agent in any subsidiary rights
manner, in which event the Publisher shall receive ten percent
(10%) of the amount paid and the Author shall receive ninety
percent (90%). However, the legal rights to make agreements for
subsidiary rights, licensing or sale shall remain with the
Author.
6. STATEMENTS AND PAYMENTS
The Publisher shall forward to the Author or his agent royalty
statements to be computed as of June 30 and December 31 of each
year of this agreement within thirty (30) days following such
respective dates along with any payments indicated to be due
thereby.
The Author shall have the rights to examine or cause his duly
appointed representatives to examine the accounts of the
Publisher at any time after written demand by the Author. In the
event discrepancies between royalty statements and the
Publisher's accounts shall total more than one hundred dollars
($100.00) in the Author's favor under this and any other
agreement between the Author and the Publisher, the Publisher
shall tender such monies due to the Author within ten (10) days,
along with reimbursement in full for any duly verified expenses
incurred by the Author as a result of the auditing procedure.
Should such discrepancies total less than one hundred dollars
($100.00), in favor of the Author, the Publisher shall tender
such money due to the Author within ten (10) days, but shall not
be liable for reimbursement of the Author's expenses.
7. MANUSCRIPT AND DELIVERY
The Author agrees to deliver to the Publisher on or before
and in the final revised form an English language manuscript of
approximately _________words.
If the Author shall fail to deliver said manuscript to the
Publisher within the time herein provided or having delivered
same shall otherwise breach this agreement, the Author shall
thereupon, on-demand, repay to the Publisher all sums advanced to
him under this agreement.
If, in the opinion of the Publisher, the manuscript is
unacceptable or unsatisfactory to the Publisher, the Publisher
may reject it by written notice within thirty (30) days of
delivery, in which case any sums previously advanced to the
Author under this agreement shall be retained by the Author, this
the agreement shall be deemed terminated and there shall be no
the further obligation upon the Publisher to publish said work or to
make any further payment hereunder, and all rights granted to the
Publisher under this agreement shall revert to the Author.
8. EDITING RIGHTS
No changes, additions, deletions, abridgments, or condensations
in the text of the Work or changes of title shall be made by the
Publisher, its agents, or employees, without the expressed,
itemized, and specific written consent of the Author. Prior to
the setting of type, final copy-edited version of manuscript shall be
submitted to the Author.
9. GALLEYS AND PROOFS
Prior to publication the Publisher upon advance notification
shall provide the Author with galley proofs of the Work, which
the Author shall correct and return to the Publisher within
twenty (20) days of receiving the same. The expense of the Author's
proof corrections exceeding ten percent (10%) of composition
costs shall be charged against the Author's royalties hereunder,
except that any such correction resulting from the Publisher's
failure to faithfully reproduce the text of the manuscript as
delivered by the Author shall in no case be charged against the
Author's royalty account. Prior to the printing of the book
the jacket of the Work, the Publisher shall submit to the Author a
proof or other facsimiles of the jacket text and design for his
approval, which shall not be unreasonably withheld.
10. COPYRIGHT
The Publisher is hereby authorized and mandated to secure
copyright to the Work in the same name of the Author, to arrange
for sale of said Work in Canada simultaneously with the first sale in
the United States, and to fulfill all other obligations necessary
to protect copyright to the Work under United States law and the
International Copyright Convention.
11. PUBLICATION
The Publisher agrees to publish and commence distribution of said
Work within twelve (12) months of approval and acceptance of the
Author's final manuscript. In the event, the Publisher shall fail
to publish and distribute the Work by said date, this agreement
shall terminate forthwith, and all rights hereunder shall revert
to the Author. The Author shall retain any payments made to him
under this agreement, without forfeiting his rights to seek
further damages from the Publisher. However, this mandated
publication date may be extended to any other date and any
number of such extensions may be made, upon mutual agreement
between the Publisher and the Author.
12. AUTHOR'S COPIES
On publication, the Publisher shall give to the Author twenty-five
(25) copies of the published work, which may not be resold. Any
further copies desired by the Author may be purchased at fifty
percent (50%) of the retail price.
13. INFRINGEMENT
If during the existence of this agreement the copyright shall be
infringed, the Publisher may, at its own 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
expense. Money damages recovered for 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.
14. BANKRUPTCY AND INSOLVENCY
If a petition in bankruptcy shall be filed by or against the
Publisher, or if it shall be judged 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 the 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.
15. 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.
X______________________________ X____________________________
AUTHOR Witness for the Author
X______________________________ X____________________________
PUBLISHER Witness for the Publisher