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Publishing Agreement

This Publishing Agreement template is designed for authors or creators to license their work to a publisher. It outlines the terms of publication, rights granted, royalties, and responsibilities of both parties.

Updated 15d ago
publishing agreementauthor contractpublisher agreementintellectual propertylicensingroyalties

PUBLISHING AGREEMENT

{{company_name}}

{{company_address}}

Phone: {{phone}} | Email: {{email}}

Website: {{website}}

PARTIES TO THE AGREEMENT

This Publishing Agreement (the "Agreement") is made and entered into as of {{date_of_agreement}} (the "Effective Date")

BETWEEN:

{{publisher_company_name}}, a company duly incorporated under the laws of {{publisher_country}}, with its registered office at {{publisher_address}} (hereinafter referred to as the "Publisher");

AND

{{author_full_name}}, residing at {{author_address}}, or a company duly incorporated under the laws of {{author_country}}, with its registered office at {{author_address}} (hereinafter referred to as the "Author").

The Publisher and the Author are hereinafter collectively referred to as the "Parties" and individually as a "Party".

GRANT OF RIGHTS

2.1. The Author hereby grants to the Publisher, its successors and assigns, an exclusive and worldwide license to publish, reproduce, distribute, and sell the literary work titled "{{work_title}}" (the "Work") in {{format_of_work}} format, and in any other format now known or hereinafter developed, throughout the world, for the full term of copyright.

2.2. The rights granted include, but are not limited to, the right to publish the Work in print, digital, audio, and any other electronic formats, and to license subsidiary rights including translation, abridgement, serialization, and adaptation.

ROYALTIES

3.1. In consideration for the rights granted herein, the Publisher shall pay the Author a royalty of {{royalty_percentage_print}}% of the net receipts received by the Publisher from the sale of print editions of the Work.

3.2. For digital editions of the Work, the Publisher shall pay the Author a royalty of {{royalty_percentage_digital}}% of the net receipts received by the Publisher from the sale of such editions.

3.3. For subsidiary rights licensed by the Publisher, including but not limited to translation, film, television, and audio rights, the Publisher shall pay the Author {{royalty_percentage_subsidiary}}% of the net sums received by the Publisher from such licenses.

3.4. Net receipts shall mean the actual amounts received by the Publisher from sales or licenses, less any returns, discounts, sales taxes, and uncollectible accounts.

3.5. Royalty statements and payments shall be made by the Publisher to the Author on a {{payment_frequency}} basis, within {{days_after_period_end}} days after the end of each royalty period, along with a detailed statement of sales and licenses.

AUTHOR'S WARRANTIES AND INDEMNITIES

4.1. The Author warrants and represents that:

(a) The Work is original and does not infringe upon any copyright, patent, trademark, trade secret, or other proprietary right of any third party.

(b) The Author is the sole author and proprietor of the Work and has the full power and authority to enter into this Agreement and to grant the rights herein granted.

(c) The Work contains no matter that is obscene, defamatory, libelous, or invades the right of privacy of any person.

(d) The Work contains no instructions or formulas which, if followed, would cause injury, damage, or loss to the reader.

4.2. The Author agrees to indemnify and hold harmless the Publisher from and against any and all claims, demands, losses, damages, costs, and expenses (including reasonable attorney's fees) arising out of any breach or alleged breach of any of the Author's warranties or representations contained in this Agreement.

PUBLISHER'S OBLIGATIONS

5.1. The Publisher shall use its best commercial efforts to publish and promote the Work in a timely and professional manner.

5.2. The Publisher shall bear all costs associated with the publication, marketing, and distribution of the Work, including but not limited to editing, cover design, printing, and advertising.

5.3. The Publisher shall provide the Author with {{number_of_complimentary_copies}} complimentary copies of the published Work upon publication.

TERM AND TERMINATION

6.1. This Agreement shall commence on the Effective Date and shall continue in full force and effect for the full term of copyright of the Work, unless terminated earlier in accordance with the provisions of this Agreement.

6.2. Either Party may terminate this Agreement upon a material breach by the other Party, provided that the non-breaching Party gives written notice of such breach and the breaching Party fails to cure such breach within {{cure_period_days}} days of receiving such notice.

GOVERNING LAW AND DISPUTE RESOLUTION

7.1. This Agreement shall be governed by and construed in accordance with the laws of {{governing_country}}.

7.2. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the rules of the {{arbitration_institution}}.

7.3. The place of arbitration shall be {{arbitration_city}}, {{arbitration_country}}.

7.4. The language of the arbitration shall be English.

GENERAL PROVISIONS

8.1. Entire Agreement: This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

8.2. Amendments: No amendment or modification of this Agreement shall be valid unless in writing and signed by both Parties.

8.3. Assignment: Neither Party may assign its rights or obligations under this Agreement without the prior written consent of the other Party.

8.4. Notices: All notices and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail, return receipt requested, or by reputable overnight courier, to the addresses specified above, or to such other address as either Party may designate by notice to the other Party.

8.5. Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

SIGNATURES

IN WITNESS WHEREOF, the Parties have executed this Publishing Agreement as of the Effective Date first written above.

FOR THE PUBLISHER:

___________________________

{{publisher_authorized_signatory_name}}

{{publisher_authorized_signatory_title}}

FOR THE AUTHOR:

___________________________

{{author_full_name}}

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