The path to publication usually requires authors to sign a “publishing contract” that includes topics such as delivery and acceptance of manuscripts, copyright, and granting; licence advances, instalments and payments; Guarantees and compensation of the author; Duration of the contract and restitution of rights (exhausted); options for new works; and restrictions on competing works. But if you`re an author who can`t find, wait, or afford a lawyer, how do you know which conditions are standard, reasonable, or fair? F. Agent – all numbers paid to the agent vs the publisher pay the agent its fees and pay the balance to the author: Ideally, you should not wait for the license fee to go through the agent; have the right to request separate payments (i) after the expiry of the period (3-5 years) and/or (ii) after the termination of the Autor-Agent contract. The model book contract allows you to continue to negotiate your publishing contract with knowledge and confidence. Remember that the terms you agree to govern your relationship with the publisher for years after the contract is signed. After years of working on your manuscript, it is important to protect it through a Fair Book contract. That`s why the Authors Guild has been offering examples of trading book contracts for at least seven decades. Our standard contracts are intended to inform authors about the different terms of publishing contracts, their rights and what they can and should negotiate. They should also set a standard for publishers to adopt fairer and clearer terms so that authors and publishers can get a fair deal and maximize their revenue potential.
Our latest version of the Commercial Book Model Contract reflects recent changes in the publishing industry and also addresses some emerging concerns that authors should be aware of. We have added new regulations that are not yet widely used in the industry, but we believe they should be. These include provisions: The Publisher undertakes to publish the Work within eighteen (18) months from the date of this Agreement. In case of delay for reasons beyond the control of the publisher, the period will be extended until these delays. If the Publisher does not publish the Work before the end of this period, except as provided herein, its failure will be considered the cause for the Author to terminate this Agreement if he wishes. AFTER the Author and publisher (or their authorized representatives) have read and understood the terms of this Book Publishing Agreement, they shall perform this Agreement and enter into it on the dates set forth below. If you would like to discuss any questions regarding the book publishing contract, please contact Howard G. Zaharoff. The author undertakes to submit a finished manuscript to the publisher in [Manuscript.Language], the “Manuscript”, no later than [Manuscript.DueDate]. The manuscript can be delivered by registered mail or by e-mail in printed or digital form.
In addition, the author provides all graphics, prefaces, references, acknowledgments and other “front materials” or “background” on a date to be determined by the publisher. If the Publisher considers that any material delivered is unreasonable for any reason whatsoever, the Author will be granted a period (to be determined by the Publisher) to remedy these defects. If the author does not remedy the defects within the time limit, the publisher reserves the right to terminate this book publishing contract for good cause. If the author does not deliver the manuscript or related documents or does not remedy the defects in time, the author is obliged to reimburse the deposit received to the publisher. Among the many benefits of Guild membership is the opportunity for one of our legal experts to review your publishing contract and make suggestions on how to ensure the best possible contractual terms for your individual situation. We also review members` literary representation and independent writing agreements and help resolve issues related to defamation and privacy rights, copyright issues, non-payment of royalties, copyright infringement, and rights returns. (Members also get discounts on everything from computers, writing software, research tools, and literary magazines to rental cars, hotel accommodation, media liability insurance, and even improved health and health insurance offerings.) The Publisher reserves the right to refuse the Work and to terminate this Agreement if the Author does not meet the deadlines, if the Work does not meet the Publisher`s minimum quality standard, or if the Author does not make the necessary revisions. E. Royalty discounts can be offered for: high discounts, special sales, mail order sales, premium sales, small series (usually 50% of standard rates or a low flat rate, e.B. 5%). This Agreement is governed by the laws of [Publisher.State]. An offer for the cost of publication was made available to the author after reviewing the manuscript.
The author accepted the publisher`s cost estimate. The publisher agrees to accept the book for publication. The Publisher has the exclusive right to edit or modify the delivered materials at its sole discretion prior to publication. However, the author has the right to examine the changes and give permission before publication. Although the author has the right to review, approve and modify the content, format, cover design and final illustration of the work, the publisher reserves the unlimited right to manufacture, distribute, market and sell the finished work at its sole discretion. The publisher undertakes to provide page references of the material prior to publication. These proofs must include all content, including graphics. The author undertakes to verify these proofs within 30 days and to return them to the publisher. If the author makes or requests changes to the content, apart from typographical errors, that exceed 5% of the composition fee, the author undertakes to pay these costs to the publisher.
The Publisher agrees that the works covered by this Book Publishing Agreement may be published within one year of delivery of the original manuscript. In the past, confidentiality language was not included in publication agreements; however, it is added by other publishers mainly for secrecy purposes. In general, it is important to review any confidentiality clause with a lawyer. C. When the author closes, the license fees must remain the same (vs. (many publishing contracts increase royalties when sales reach a higher level; You don`t want to be reset to the original lowest level just because it`s a newly revised edition). This book publishing contract is considered legally binding on heirs, partners, partners, subsidiaries, successors, executors and licensees. All notices relating to this Agreement will be sent by registered mail or email. C. You will not satisfy publisher that the Agreement is to be governed by the law of your home state (and not by publisher`s jurisdiction); but it should be suggested that the procedure takes place in a cheaper or more neutral forum (if not in your home state, then perhaps in the city closest to the person against whom the lawsuit is being filed). This section is adapted to the parties and the situation.
The example language is an example of a standard warranty formulation that gives the author full responsibility for all matters and releases the publisher from any liability. The guarantee lasts the duration of the contract and works hand in hand with the compensation provision to give these guarantees serious financial capabilities. Upon the expiration of two (2) years from the first date of publication, publisher or Author may terminate this Agreement in writing to the other with three months` notice, in which case this Agreement shall terminate and all rights granted to Publisher shall revert to the Author after the expiration of such three (3) months. .