As a professional, I know the importance of copyright agreements between authors and publishers. This agreement outlines the terms and conditions of the relationship between the author and publisher, including the rights to the work, payment, and permissions to use the work. In this article, we will provide a sample of a comprehensive copyright agreement between an author and publisher.
This agreement is entered into between the author and publisher for the purpose of publishing and distributing the author`s work.
Definition of Terms
The following terms shall have the following meanings:
Author: The individual who has written the work.
Work: The literary, artistic, or scientific expression that is the subject of this agreement.
Publisher: The entity that will publish and distribute the work.
Grant of Rights
The author grants the publisher the right to publish and distribute the work in print and electronic formats, including but not limited to e-books, audiobooks, and online publications. The author retains all other rights to the work, including the right to use the work for promotional purposes.
The publisher agrees to pay the author a royalty of [percentage] of net sales of the work. Net sales shall be calculated as the revenue received by the publisher from sales of the work, less any discounts, returns, and royalties payable to third parties. Royalties shall be paid to the author on a quarterly basis.
Warranties and Representations
The author represents and warrants that:
– The author is the sole author of the work and has the right to grant the rights set forth in this agreement.
– The work does not infringe on any third-party rights, including but not limited to copyright, trademark, or privacy rights.
– The work is original and has not been previously published in its entirety, except as set forth in this agreement.
The author agrees to indemnify and hold the publisher harmless from any claims, damages, or expenses arising out of any breach of the author`s warranties and representations or any claims that the work infringes on any third-party rights.
Either party may terminate this agreement upon [amount of notice] written notice to the other party. Upon termination, the publisher shall cease all publication and distribution of the work.
This agreement shall be interpreted and enforced in accordance with the laws of the state of [state] without regard to its conflict of law principles.
This agreement constitutes the entire agreement between the author and publisher and supersedes all prior or contemporaneous agreements, representations, and understandings, whether written or oral.
A comprehensive copyright agreement between an author and publisher is essential to protect both parties` rights and interests. This sample agreement outlines the key terms and conditions of the relationship between the author and publisher. It is important to consult with a legal professional to ensure that the agreement complies with applicable laws and regulations.