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Agreement Between Author And Publisher
"I need an Agreement Between Author and Publisher for my first novel, a crime thriller, to be published in Australia with standard royalty terms and the possibility of releasing an audiobook version in the future."
1. Parties: Identification and details of the Author and Publisher
2. Background: Context of the agreement, including brief description of the work and the parties' intention to enter into a publishing arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of Rights: Specific rights being granted by the author to the publisher, including territory and language rights
5. Author's Warranties and Undertakings: Author's guarantees regarding ownership, originality, and non-infringement of third-party rights
6. Delivery and Acceptance: Requirements for manuscript delivery, format, and acceptance criteria
7. Publication Obligations: Publisher's obligations regarding publication timeline, quality, and marketing
8. Royalties and Payments: Payment terms, royalty rates, and calculation methods
9. Accounting and Statements: Requirements for financial reporting and payment schedules
10. Copyright and Credit: Copyright notice requirements and author attribution
11. Term and Termination: Duration of the agreement and circumstances for termination
12. Post-Termination Provisions: Rights and obligations after agreement termination
13. General Provisions: Standard legal clauses including governing law, notices, and assignment
1. Electronic and Digital Rights: Specific provisions for electronic publishing, used when digital formats are part of the publishing plan
2. Subsidiary Rights: Terms for additional rights like serialization, merchandising, or dramatic rights, included when these rights are part of the deal
3. International Distribution: Specific terms for international markets, included when international distribution is contemplated
4. Author's Option: Right of first refusal on author's next work, included when publisher wants priority on future works
5. Moral Rights: Specific provisions regarding author's moral rights, particularly important for jurisdictions emphasizing these rights
6. Marketing and Promotion: Detailed marketing obligations and author's participation in promotion, included for major publications
7. Competitive Works: Restrictions on author's publication of competing works, included when exclusivity is important
8. Legal Proceedings: Provisions for handling copyright infringement and other legal issues, included for high-value works
1. Schedule 1 - The Work: Detailed description of the work including title, length, format, and delivery requirements
2. Schedule 2 - Royalty Rates: Detailed breakdown of royalty rates for different formats and territories
3. Schedule 3 - Advance Payment Schedule: Timeline and conditions for advance payments
4. Schedule 4 - Production Specifications: Technical specifications for the work's production and format
5. Schedule 5 - Marketing Plan: Outline of agreed marketing and promotion activities
6. Appendix A - Style Guide: Publisher's style requirements and formatting guidelines
7. Appendix B - Author's Previous Works: List of author's previous works that may affect this agreement
Authors
Manuscript
Author
Publisher
Territory
Publication Date
Publication
Net Receipts
Subsidiary Rights
Electronic Rights
Digital Format
Print Format
Intellectual Property Rights
Copyright
Moral Rights
Advance
Royalties
Net Sales
Returns
Publishing Season
Trade Edition
Print Run
Out of Print
Publication Ready Form
Delivery Date
Acceptance Date
Force Majeure
Competing Work
Confidential Information
Business Day
Accounting Period
Publication Costs
Marketing Material
Revised Edition
New Edition
Reprint
Serialisation Rights
Translation Rights
Dramatic Rights
Commercial Rights
Publishing Rights
Term
Termination Date
Effective Date
Related Bodies Corporate
Fair Use
Licensed Rights
Publication Format
Retail Price
Grant of Rights
Intellectual Property
Moral Rights
Delivery and Acceptance
Publisher's Obligations
Author's Warranties
Publication Requirements
Royalties
Advance Payments
Subsidiary Rights
Digital Rights
Author's Undertakings
Non-Competition
Confidentiality
Marketing and Promotion
Accounting and Audit
Termination
Post-Termination
Force Majeure
Assignment
Notices
Entire Agreement
Severability
Governing Law
Dispute Resolution
Indemnification
Amendments
Further Assurance
Relationship of Parties
Third Party Rights
Survival
Costs and Expenses
Good Faith
Waiver
Book Publishing
Digital Media
Educational Publishing
Academic Publishing
Literary Arts
Entertainment
Media
Professional Publishing
Children's Publishing
Magazine Publishing
Legal
Editorial
Rights and Licensing
Acquisitions
Business Development
Contract Administration
Digital Publishing
Author Relations
Publishing Operations
Intellectual Property
Publishing Director
Acquisitions Editor
Literary Agent
Contracts Manager
Rights Manager
Author
Legal Counsel
Publishing Manager
Editorial Director
Business Development Manager
Literary Estate Manager
Intellectual Property Lawyer
Commercial Director
Digital Rights Manager
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