AGREEMENT MADE this Day of Month 2022, between City Stone Publishing (referred to as the ‘Publisher’) and Author’s Name (referred to as the ‘Author’).WHEREAS the parties wish respectively to publish and have published a book (referred to as the ‘Work’) titled Title;
THEREFORE, they mutually agree as follows:
The foundation for this AGREEMENT:
The Author remains in control and has full ownership and full liability over their Work.
- Grants of Rights:
- For the duration of the publishing process, the Author grants the Publisher full access to their Work.
- The Author grants the Publisher permission to be stated as the Publisher of the Work, this includes the attachment of the Publisher’s ISBN to the Work, as well as the Publisher’s logo on the back cover of physical copies of the Work.
- Copyright of the Work stays with the Author, including renewals and extensions thereof:
- Non-exclusive right in the English language, throughout the world, to:
- i) Print, publish, and sell the Work as a soft-cover (mass-market and/or trade paperback) and/or hard-cover book; and
- ii) License publication of a reprint edition(s) by other publishers.
- b) Subsidiary Rights and Licenses:
- The Author will keep the exclusive right, throughout the world, to sell or license the rights in the Work. The proceeds received from the sale or license of such rights shall be the Author’s:
- book club rights;
- textbook rights;
- anthology rights;
- first serial rights (i.e., publication of condensations, excerpts, digests, serializations, and extracts in newspapers and periodicals before first publication in book form);
- second serial rights (i.e., publication of condensations, excerpts, digests, serializations, and extracts in newspapers and periodicals after first publication in book form);
- selection rights, (such as a catalogue that produces its own edition of the Work);
- abridgment/condensation rights;
- large print rights;
- mass-market paperback rights;
- trade (quality) paperback rights;
- foreign language rights;
- British Commonwealth rights;
- merchandising and commercial rights;
- audio rights (i.e., the right to use or adapt the Work or any portion thereof as a basis for audio through any method of recording or transmission now known or hereafter devised, including, without limitation, copying or recording by phonographic, magnetic, laser, electronic, or any other means and whether on phonograph records, audio cassettes, audio discs, or any other human or machine-readable audio medium and the broadcast or transmission thereof, now known or which may be devised in the future);
- online database (via time-sharing access equipment or direct downloading);
- CD-ROM optical discs in all forms now or to be utilized;
- all other forms, formats, platforms, and standards now in use or which may in the future be in use during the term of this agreement and its option terms; and
- picture, dramatic, television, radio, and allied rights.
Any subsidiary rights not exploited within 18 months of publication shall become nonexclusive.
- c) Exclusive right to license in all foreign languages and all countries, the rights granted in subparagraphs (a) and (b) above;
- d) To use or license others to use the approved name, likeness, and biography of the Author, the Work and the title of the Work, in whole or in part, or any adaptation thereof as the basis for trademark or trade name for other products or any other commercial use in connection with such other products.
- Delivery of Satisfactory Copy: The Publisher acknowledges receipt of an acceptable manuscript OR the Author agrees to deliver two complete copies (original and clean copy) of the revised manuscript of the work in the English language, together with any necessary permissions and all photographs, illustrations, drawings, and indexes suitable for reproduction and necessary to the completion of the manuscript.
- Permission for Copyrighted Material: If the Author incorporates in the work copyrighted material, he shall procure, at his expense, written permission to reprint it.
- Author’s Warranties and Indemnities: The Author warrants that they are the sole author of the Work; that they are the sole owner of all the rights granted to the Publisher; that he has not previously assigned, pledged, or otherwise encumbered the same; that he has full power to enter into this agreement; that except for the material obtained pursuant to Paragraph 3, the work is original, has not been published before in the form submitted by the Author, and is not in the public domain; that it does not violate any right of privacy; and that it does not infringe upon any statutory or common-law copyright.
- In the event of any claim, action, or proceeding based upon an alleged violation of any of these warranties, whilst full ownership and liability lie with the Author, (i) the Publisher shall have the right to defend the same through counsel of its own choosing, and (ii) no settlement shall be effected without the prior written consent of the Author, which consent shall not unreasonably be withheld, and (iii) the Author shall hold harmless the Publisher, any seller of the Work, and any licensee of a subsidiary right in the Work, against any damages finally sustained. If such claim, action, or proceeding is successfully defended or settled, the Author’s indemnity hereunder shall be a hundred per cent (100 per cent) of the expense (including counsel fees) attributable to such defence or settlement.
- If any such claim, action, or proceeding is instituted, the Publisher shall promptly notify the Author, who shall fully cooperate and shall have the obligation to participate in the defence thereof.
- Conflicting Publication: The Author agrees that under this agreement, he will not, without the written permission of the Publisher, use the Publisher’s name, logo and ISBN when (considerable) changes have been made to the contents of the Work published. The Publisher holds the right to establish whether the changes are acceptable. If not, the Author shall not (re)publish the Work in the Publisher’s name or with use of the Publisher’s logo and ISBN.
- Date, Style, and Price of Publication: The Publisher shall publish the Work on the Author’s behalf and at the Author’s expense, in such style and manner, under such imprint and at such price as it deems suitable and has been agreed upon by both parties. The Publisher shall not be responsible for delays caused by any circumstance beyond its control. In no event shall the Publisher be obligated to publish a Work which, in its opinion, violates the common-law or statutory copyright or the right of privacy of any person or contains libellous or obscene matter. The Publisher shall involve the Author in the design of the book and the cover. The Publisher shall have final approval.
- Proofreading and Author’s Corrections: In case of printing other than POD (Print on Demand), the Author agrees to read, revise, correct, and return promptly all proofs of the Work and to have charged against them the cost of alterations, in type or plates, required by the Author, other than those due to the printer’s or the Publisher’s errors, in excess of ten per cent (10 per cent) of the cost of setting type, provided a statement of these charges is sent to the Author within thirty (30) days of the receipt of the printer’s bills and the corrected proofs are presented upon request for their inspection.
- Copyright: The Author remains in control of the work and shall thus have to copyright the Work, in compliance with the Universal Copyright Convention, and apply for renewals of such copyright.
- Payments: For the publishing process, also known as package name, Author shall pay under this agreement, the sum of £ (written out GBP) or a US$ price based on current international exchange rates.
- Author’s Property: Except for loss or damage due to its own negligence, the
Publisher shall not be responsible for loss or damage to any property of the
- Suits for Infringement of Copyright: If the copyright of the work is infringed, responsibility rests with the Author who has the right to prosecute, to proceed; this includes all expenses and recoveries.
- Sums Due and Owing: Any sums due and owing from the Author to the Publisher, whether or not arising out of this agreement, may be deducted from any sum due or to become due from the Publisher to the Author pursuant to this agreement.
- Law Applicable: This agreement, including all rights and liability of the parties, shall be governed by the laws of the State of the United Kingdom of Great Britain and Northern Ireland.
- Complete Agreement and Modification: This agreement constitutes the complete understanding of the parties. No modification or waiver of any provision shall be valid unless in writing and signed by both parties.
IN WITNESS WHEREOF, the parties have duly executed this agreement: