Agreement Between Author And Publisher Template for India

The Agreement Between Author and Publisher serves as a crucial legal framework for publishing relationships in India, establishing clear rights and responsibilities for both parties. This document is essential when an author wishes to have their work published and distributed by a professional publishing house. It comprehensively addresses key aspects such as copyright assignment or licensing, royalty structures, publication specifications, and marketing commitments, while ensuring compliance with Indian copyright and contract laws. The agreement is particularly important in protecting both parties' interests, providing clear mechanisms for dispute resolution, and establishing parameters for the commercial exploitation of the work across various formats and territories. It should be used whenever an author is entering into a formal publishing arrangement, whether for traditional print publishing, digital distribution, or both.

1. Parties: Identifies and provides full details of the Author and the Publisher, including their legal names, addresses, and any relevant registration numbers

2. Background: Contextualizes the agreement by describing the Work, the Author's ownership of rights, and the Publisher's desire to publish

3. Definitions: Defines key terms used throughout the agreement including 'Work', 'Territory', 'Publishing Rights', 'Net Sales', etc.

4. Grant of Rights: Specifies the rights being transferred to the Publisher, including printing, publishing, and distribution rights

5. Term and Territory: Defines the duration of the agreement and the geographical areas where the Publisher may exercise the rights

6. Manuscript Delivery: Details the format, length, and deadline for manuscript submission, and the revision process

7. Publisher's Obligations: Outlines the Publisher's responsibilities regarding publication, marketing, and distribution

8. Author's Warranties: Contains Author's assurances about ownership, originality, and non-infringement of third-party rights

9. Royalties and Payments: Specifies royalty rates, payment schedules, and calculation methods

10. Accounting and Audit: Details requirements for sales reporting and the Author's right to audit

11. Copyright and Credit: Addresses copyright notice requirements and author credit in publications

12. Termination: Specifies conditions and procedures for ending the agreement

13. General Provisions: Contains standard legal clauses including governing law, notices, and dispute resolution