Book Publishing Agreement Template for Switzerland

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Key Requirements PROMPT example:

Book Publishing Agreement

"I need a Book Publishing Agreement for a first-time author's thriller novel, with worldwide English language rights, digital and print formats, and a planned publication date of March 2025; the agreement should include provisions for potential film rights and audiobook versions."

Document background
The Book Publishing Agreement is a crucial document used when an author wishes to grant a publisher the rights to publish and distribute their literary work in Switzerland and potentially other territories. This agreement, governed by Swiss law, carefully balances the interests of both parties while addressing key aspects such as copyright assignment, royalty structures, and publication requirements. It's particularly important in the Swiss context due to specific legal requirements regarding moral rights and author protections under the Federal Copyright Act and Swiss Code of Obligations. The document is typically used at the final stage of negotiations between authors and publishers, after the initial manuscript has been accepted but before the publication process begins. It covers essential elements including manuscript delivery, editorial process, publication timeline, marketing efforts, and revenue sharing arrangements.
Suggested Sections

1. Parties: Identification of the Author and Publisher with full legal names and addresses

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

3. Definitions: Definitions of key terms used throughout the agreement, including 'Work', 'Publication', 'Territory', and 'Rights'

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

5. Author's Obligations: Author's responsibilities including manuscript delivery, formatting requirements, and cooperation in the publication process

6. Publisher's Obligations: Publisher's duties including publication timeline, marketing efforts, and quality standards

7. Manuscript Delivery and Acceptance: Terms regarding manuscript submission, acceptance criteria, and revision process

8. Publication Terms: Details about publication format, pricing, and timeline

9. Royalties and Payments: Compensation structure, royalty rates, payment schedule, and accounting provisions

10. Copyright and Attribution: Copyright ownership, moral rights, and attribution requirements

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

12. Warranties and Indemnities: Representations and warranties by both parties, including intellectual property rights and indemnification

13. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Electronic and Digital Rights: Specific provisions for digital formats and electronic publishing, used when e-book or digital distribution is planned

2. International Distribution: Additional terms for international publishing rights, used when distribution is planned beyond Switzerland

3. Serial Rights: Terms for serialization in magazines or newspapers, included when serialization rights are part of the deal

4. Subsidiary Rights: Detailed provisions for adaptation rights, merchandising, or other derivative works

5. Author's Marketing Obligations: Specific requirements for author participation in marketing, used when author promotion is key to marketing strategy

6. Competing Works: Restrictions on author's publication of similar works, used when exclusivity is important

7. Option on Next Work: Publisher's right of first refusal on author's next work, included for valuable authors

8. Moral Rights Waiver: Specific provisions regarding moral rights under Swiss law, used when needed for certain types of publications

Suggested Schedules

1. Schedule 1 - Work Specifications: Detailed description of the Work, including length, format, and content requirements

2. Schedule 2 - Delivery Schedule: Detailed timeline for manuscript delivery, revisions, and publication

3. Schedule 3 - Royalty Rates: Detailed breakdown of royalty rates for different formats and territories

4. Schedule 4 - Marketing Plan: Overview of planned marketing activities and responsibilities

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

6. Appendix B - Copyright Registration Details: Information required for copyright registration

7. Appendix C - Author's Previous Works: List of author's previous works that may affect exclusivity or competing works provisions

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

Publishing

Media and Entertainment

Education and Academic Publishing

Literary Arts

Digital Media

Printing and Production

Book Distribution

Cultural and Creative Industries

Relevant Teams

Legal

Editorial

Rights and Licensing

Production

Author Relations

Contracts Administration

Business Development

Digital Publishing

Marketing and Publicity

Finance

Relevant Roles

Publishing Director

Literary Agent

Rights Manager

Contracts Manager

Editorial Director

Chief Editor

Legal Counsel

Acquisitions Editor

Production Manager

Author Relations Manager

Literary Scout

Copyright Manager

Publishing Attorney

Business Development Manager

Digital Rights 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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