Inclusive Publishing Contract Template for England and Wales

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Key Requirements PROMPT example:

Inclusive Publishing Contract

"I need an Inclusive Publishing Contract for a trilogy of fantasy novels, with specific provisions for audiobook rights and international distribution, to be published starting March 2025, with strong author involvement in marketing decisions."

Document background
The Inclusive Publishing Contract is designed for situations where a publisher seeks to acquire comprehensive rights to publish and distribute an author's work across multiple formats and territories. This contract type, governed by English and Welsh law, provides extensive coverage of publishing rights, royalty structures, and obligations of both parties. It's particularly useful when both parties want to establish a clear, long-term publishing relationship with full rights coverage. The document typically includes detailed provisions for various publishing formats, marketing commitments, and subsidiary rights exploitation.
Suggested Sections

1. Parties: Identification of the publisher and author/rights holder with full legal names and addresses

2. Background: Context of the agreement and brief description of the work, including the basis for entering into the publishing arrangement

3. Definitions: Key terms used throughout the agreement including 'Work', 'Territory', 'Publishing Rights', 'Net Receipts', etc.

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

5. Author's Obligations: Delivery of work, revisions, warranties, and ongoing responsibilities of the author

6. Publisher's Obligations: Publishing, marketing, distribution commitments and timeline for publication

7. Royalties and Payments: Payment terms, royalty rates, accounting provisions and payment schedules

8. Term and Termination: Duration of the agreement, termination rights and post-termination obligations

Optional Sections

1. Option Clause: Right of first refusal on future works, typically used for established authors or series works

2. Subsidiary Rights: Additional rights like translations, adaptations, or merchandise when potential for additional exploitation exists

3. International Rights: Terms for international publishing and territory-specific provisions for works with international potential

4. Author's Marketing Obligations: Specific marketing commitments required from the author, such as appearances or social media promotion

Suggested Schedules

1. Schedule 1: The Work: Detailed description of the work including length, format, delivery schedule and manuscript requirements

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

3. Schedule 3: Marketing Plan: Detailed marketing commitments and promotional strategy from the publisher

4. Schedule 4: Style Guide: Technical specifications and style requirements for the manuscript

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
Relevant Teams
Relevant Roles
Industries

Copyright, Designs and Patents Act 1988: Core UK legislation governing intellectual property rights, including authors' rights, duration of copyright protection, moral rights provisions, and the assignment and licensing of rights in publishing contracts

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract, relevant for subsidiary rights and third-party permissions in publishing agreements

Consumer Rights Act 2015: Legislation protecting consumer rights and ensuring fairness of contract terms, potentially applicable if the author could be considered a consumer

Data Protection Act 2018 and UK GDPR: Legal framework for personal data protection, relevant for handling author information and international data transfers in publishing contracts

Common Law Contract Principles: Fundamental principles including offer, acceptance, consideration, and intention to create legal relations that form the basis of any valid contract

Equitable Principles: Legal principles covering confidentiality obligations and fiduciary duties between contracting parties

Industry Standards: Publishing industry standards, including Society of Authors guidelines and Publishers Association best practices

International Copyright Conventions: International agreements including the Berne Convention and Universal Copyright Convention governing cross-border copyright protection and publishing rights

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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