Contract Between Publisher and Author.

Transcription

1 Contract Between Publisher and Author. Agreement made this day of, 19", between, of, hereinafter called author, and, of, hereinafter called publisher. Author agrees as follows: 1. To furnish and deliver to publisher on or before the day of, 19", the manuscript of a certain literary work of author, entitled, and author hereby gives and grants to publisher the sole and exclusive right to publish the work in the United States of America and for and during the time for which the copyright or any renewals thereof shall be or remain in force. In case of failure to furnish the manuscript within such time, publisher may decline to publish the work. 2. To permit publisher to take out and procure the copyright for the work in the name of author in the United States of America and 3. To apply for the renewal of the copyright on the expiration of the first term thereof and to assign to publisher the sole and exclusive right to publish the work during the full term of the renewal. 4. To examine and correct the proof sheets as fast as they shall be furnished and to prepare and deliver an index to the work within a reasonable time after the delivery of the last of the proof sheets. These provisions are also to apply to any subsequent editions of the work. 5. To not furnish to any other publisher during the continuance of this agreement any work of competing character on the same subject until publisher has been offered the same and has within days failed to accept or refused to publish the same. 6. To pay for any additions or alterations or corrections made by him on the proof sheets, differing from the copy of the manuscript delivered to the publisher, costing more than dollars or percent of the cost of composition of the work. Notice of such excess charges must be given by publisher to author within days after. 7. To hold publisher harmless against any suit, demand, claim or recovery, finally sustained, by reason of any violation of proprietary right or copyright or any unlawful matter contained in the work. 8. And author further guarantees and represents (1) that he is the sole author and proprietor of the work, (2) that he has full power to make this agreement, (3) that the work has not heretofore been published in book form, and (4) that the work contains no matter libelous or otherwise unlawful. Publisher agrees as follows: 1. To publish the work at his own expense within months after the receipt by him of the complete manuscript, except that the time shall be extended to cover delays caused by strikes, unavoidable accidents, or failure of author to return final proofs within days after delivery to him. 2. To sell the work at a catalogue retail price of not less than dollars nor more than dollars, cloth style of binding. 3. To pay to author the sum of for each and every copy of the book which is sold, not counting copies given to the author, or to editors or reviewers according to the custom of the publisher. Or: To pay to the author percent on the catalogue retail price for each copy of the work sold up to and including copies, and

2 percent on all copies sold in excess of and up to, and percent on all copies sold over and above the last number. 4. To render to author an account of sales of the work on the first days of January and July, to be sent by mail to, and to make settlement in cash for copies sold up to said dates from each preceding date within days after the furnishing of said account. 5. To give to author free copies of the work, and furnish any additional number of copies for his personal use at the lowest trade price. 6. To permit author, upon written request, to examine, by public accountants, the books of account of publisher insofar as they relate to the work. The cost of examination shall be borne by author unless errors of accounting shall be found amounting to or more in favor of publisher, in which case the cost shall be paid by publisher. It is mutually agreed between the parties as follows: 1. The title of the work may be changed only by mutual consent. 2. The copyright shall be assigned by either party to the other on demand, when necessary for bringing, defending or maintaining a copyright action, to be reassigned on demand on the termination of such action. 3. If the publisher shall become bankrupt during the term of this agreement, it shall terminate and author shall have the right to buy the right to publish the work together with any plates and unsold copies at fair market value to be determined by agreement or arbitration. 4. After years from the date of publication of the work, a cheap edition may be published either by publisher or by any lessee of publisher for that purpose, and in consideration hereof author shall be paid [make separate provisions according to whether the publisher himself publishes or leases the right], statements to be furnished and payments made on the day of and of each year. 5. This contract shall terminate in the event (1) publisher fails or refuses to keep the work in print on written demand of author, or in the event (2) that after years from the date of first publication on the work, in the opinion of publisher, is no longer merchantable or profitable, and he so notifies author in writing. [Provision may be added as to transferring plates to author on payment of certain sum or certain percent of cost.] 6. In the event that disputes arise as to the construction of this agreement, they shall be settled by arbitration, one arbitrator to be selected by publisher and one by author, and if they cannot agree, then by an umpire to be selected by the two arbitrators so chosen, and the decision of the arbitrators or umpire shall be final and binding on both parties. 7. Neither party hereto shall assign this contract without the written consent of the other party. 8. This agreement shall be binding upon the assigns or successors of publisher and upon the heirs, executors, administrators or assigns of the author.

3 In witness whereof, I, the author agree to the terms stated above for the purposes of publication. Author In witness whereof, I, the publisher agree to the terms stated above for the purposes of publication. Publisher

4 Contract Between Publisher and Author. Author agrees as follows: 1. To write or complete the writing of a book of not less than words, being a [describe nature of book] to be entitled, and to deliver the completed manuscript thereof to publisher on or before the day of, To not publish or cause to be published in any part of the United States any copy, abridgement or dramatized version of the work without the consent in writing of publisher provided, however, that author shall be at liberty to dramatize the work and exercise or assign the dramatic performing rights therein. 3. To indemnify publisher against all damage in consequence of the book being libelous or containing any infringement of copyright. 4. To prepare and include an index and introduction to the book. 5. To read and revise the proofs of the manuscript promptly upon their receipt from the printer and to return the same without delay. 6. To protect and hold harmless publisher from any suit, judgment, claim or demand that may be instituted, obtained, made or suffered by the publisher by reason of infringement of any copyright resulting from the sale, delivery or possession by publisher of the work covered by this agreement, provided that publisher shall notify author of any such claim and shall allow author to defend the same. Publisher agrees as follows: 7. To print and publish said book at his own expense and risk, the first edition to be of not less than copies nor more than copies to be published on or before the day of, 19, and to be printed on good paper and substantially bound. Or publisher agrees to publish said book as soon after the receipt of the manuscript as is practicable and agrees that the title of the book shall be. 8. To submit the proof sheets of the first and all subsequent editions to author for revision and collection. 9. To pay to author the following royalty on the sale of copies, viz.: a royalty of percent of the price at which the book shall be sold by the publisher on each and every copy of the first copies sold, and a royalty of percent of said price on each and every copy sold thereafter. 10. To render to author a statement and account of sales every six months, commencing six months after the date of the first publication, and to pay the balance due to author within three months after the rendering of the accounts. 11. To permit any accountant selected by author to examine all books and documents relating to the publication and sale of the book, on the written demand of author therefor and at expense of author. 12. To cause the book to be copyrighted in the name of author. 13. To not assign the benefit of or transfer the obligations under this agreement to any other person, firm or corporation except to such person or persons as may succeed him in his business as publisher.

5 It is further mutually agreed between the parties hereto as follows: 14. Publisher shall have the sole right of publishing the book throughout the United States during the term of this agreement. 15. Neither publisher nor author shall cause to be published or edit, or assist in editing or contribute matter to any work or treatise on the subject of, during the existence of this agreement. 16. The book shall be sold at the price of dollars. 17. Second or subsequent editions shall be a matter of agreement between author and publisher, and publisher shall have no right or be under any obligation to publish any such subsequent edition except by mutual agreement. In place of such provision it may be provided that publisher may in its discretion publish second and subsequent editions in the same form and at the same price or in such form and at such price as may be mutually agreed. 18. In the event of any second or subsequent edition being required, publisher shall before publishing such edition make a written request to author requiring him to bring the book up to date, and thereupon he shall without undue delay make all necessary and proper additions and alterations, and in the event of his failure so to do publisher may employ some competent person to do the work, the cost of which shall be deducted from author's credit for royalties on the ensuing accounts of the second or subsequent edition. 19. If the alterations and corrections by author made in reading the proof sheets, and differing from the original manuscript, shall exceed percent of the cost of composition, the amount of such excess shall be deducted from his credit for royalties Or: Author agrees that if the cost of alterations and corrections, insofar as departures from the original manuscript, shall exceed percent of the cost of printing, publisher shall have the right to deduct the cost in excess of percent from the consideration to be paid to author. Cory v. Comm., 23 TC 775.s[4] 20. The whole right, title and interest in the manuscript and the copyright in the book when published shall remain in author who shall be entitled to assign the same, together with his rights and obligations under this agreement, subject to the provisions of this agreement. 21. If at any time the copies of the book in stock are reduced to copies or less, the author may make a written demand on publisher that a new edition may be published, and if publisher does not publish a new edition within months after such demand, author may by notice in writing terminate this agreement. 22. If in any six months after the first six months from the date of publication the sale of the book does not exceed copies, either publisher or author may by notice in writing terminate this agreement. 23. Author may by notice in writing terminate this agreement if publisher shall at any time commit an act of bankruptcy. 24. If this agreement is terminated by either party as provided for herein, the copies of the book remaining in stock, and any plates, engravings, or other property especially prepared for the production of the book shall at the option of author be taken by him at a fair valuation, or, if he fails to exercise such option within days after such termination, shall be sold by auction or otherwise as publisher shall see fit. On such sale or valuation author shall be entitled to be credited with the royalties hereinbefore provided for according to the number of the copies sold during the existence of this agreement.

6 In witness whereof, I, the author agree to the terms stated above for the purposes of publication. Author In witness whereof, I, the publisher agree to the terms stated above for the purposes of publication. Publisher

7 Contract Between Publisher and Author. Memorandum of agreement made, 19, between of, hereafter called author, and of, hereafter called publisher. being the author of a work tentatively entitled, in consideration of the covenants and stipulations hereafter contained, and agreed to be performed by the publisher, grants and guarantees to the publisher and its successors the exclusive right to publish the work in all forms in the United States and Canada during the terms of copyright and renewals of it, covenanting with the publisher that he [or she] is the sole author of the work. Said author authorizes the publisher to take out the copyright on the work. Publishers, in consideration of the right granted and of the guarantees stated, agree to publish the work at their own expense, in such style and manner as they shall deem most expedient and to pay the author or his [or her] legal representatives percent on their trade-list, retail, price for the first copies of the work sold by them, and percent of all copies sold later, except as hereafter provided. Provided, nevertheless, that one-half the above named royalty shall be paid on all copies sold outside the United States; and provided that no percentage whatever shall be paid on any copies destroyed by fire or water, or sold at or below cost, or given away for the purpose of aiding the sale of the work. It is further agreed that the profits arising from any publication of the work, during the period covered by this agreement, in other than book form shall be divided equally between the publishers and the author. In witness whereof, I, the author agree to the terms stated above for the purposes of publication. Author In witness whereof, I, the publisher agree to the terms stated above for the purposes of publication. Publisher