Full Publishing Agreement Template for Australia

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Key Requirements PROMPT example:

Full Publishing Agreement

"I need a Full Publishing Agreement for a non-fiction business book to be published in both print and digital formats across Australia and New Zealand, with exclusive worldwide English language rights and potential for international translations, targeting publication in March 2025."

Document background
The Full Publishing Agreement is a crucial legal instrument used in the Australian publishing industry to establish a comprehensive contractual relationship between publishers and authors or rights holders. This document is essential when a publisher intends to acquire extensive publishing rights for a work, including print, digital, and potentially subsidiary rights. It addresses requirements under Australian law, including the Copyright Act 1968 and Competition and Consumer Act 2010, while providing detailed provisions for manuscript delivery, publication obligations, royalty payments, and marketing commitments. The agreement is particularly relevant for new publications where the publisher is investing significantly in the work's development and distribution, requiring extensive rights and obligations to be clearly defined. It differs from more limited publishing agreements by offering a complete framework for the entire publishing relationship, including provisions for multiple formats, territories, and potential future developments.
Suggested Sections

1. Parties: Identification of the Publisher and Author/Rights Holder with full legal details

2. Background: Context of the agreement, brief description of the Work, and parties' intentions

3. Definitions: Defined terms used throughout the agreement, including Work, Territory, Publishing Rights, etc.

4. Grant of Rights: Specific rights granted to the publisher, including primary, subsidiary, and territorial rights

5. Author's Warranties and Indemnities: Author's guarantees regarding ownership, originality, and non-infringement of third-party rights

6. Delivery of the Work: Requirements for manuscript delivery, format, and acceptance criteria

7. Publication Obligations: Publisher's obligations regarding publication timeline, format, and quality

8. Royalties and Payments: Payment terms, royalty rates for different formats, and accounting provisions

9. Copyright and Credit: Copyright notice requirements and author credit specifications

10. Marketing and Promotion: Publisher's promotional obligations and author's cooperation requirements

11. Revision and Updates: Process for revising the Work and publishing new editions

12. Term and Termination: Duration of the agreement and circumstances for termination

13. Post-Termination Provisions: Rights and obligations that survive termination

14. General Provisions: Standard legal clauses including governing law, notices, and dispute resolution

Optional Sections

1. Electronic and Digital Rights: Detailed provisions for digital publishing, used when e-book and digital distribution rights are included

2. International Rights: Specific provisions for international publishing, used when international rights are granted

3. Subsidiary Rights: Detailed provisions for adaptation rights, merchandising, etc., used when subsidiary rights are included

4. Academic Rights: Special provisions for academic works, used for scholarly publications

5. Moral Rights: Specific provisions regarding author's moral rights, particularly important for certain territories

6. Audio Rights: Provisions for audiobook production and distribution, used when audio rights are included

7. Serial Rights: Provisions for serialization in periodicals, used when serial rights are granted

8. Open Access Provisions: Used for academic works with open access requirements

Suggested Schedules

1. Schedule 1 - Work Specifications: Detailed description of the Work, including word count, format, and delivery requirements

2. Schedule 2 - Royalty Rates: Detailed breakdown of royalty rates for different formats and territories

3. Schedule 3 - Delivery Schedule: Timeline for manuscript delivery, editing, and publication

4. Schedule 4 - Marketing Plan: Detailed marketing and promotion commitments

5. Schedule 5 - Subsidiary Rights Revenue Split: Breakdown of revenue sharing for different subsidiary rights

6. Appendix A - Style Guide: Publisher's style requirements and formatting guidelines

7. Appendix B - Author's Previous Works: List of author's previously published works that may affect rights granted

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Book Publishing

Academic Publishing

Educational Publishing

Digital Publishing

Media and Entertainment

Literary Services

Cultural and Creative Industries

Educational Services

Professional Publishing

Children's Publishing

Relevant Teams

Legal

Rights and Licensing

Editorial

Acquisitions

Production

Digital Publishing

Finance

Author Relations

Marketing

Business Development

Royalties Administration

Relevant Roles

Publishing Director

Rights Manager

Contracts Manager

Literary Agent

Legal Counsel

Acquisitions Editor

Publisher

Managing Editor

Business Development Manager

Digital Publishing Manager

Production Manager

Author Relations Manager

Copyright Manager

Royalties Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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