Full Publishing Agreement Template for United States

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Key Requirements PROMPT example:

Full Publishing Agreement

"I need a Full Publishing Agreement for my upcoming non-fiction book about climate change, which includes worldwide digital and print rights, with special provisions for potential documentary adaptations and an expected publication date of March 2025."

Document background
The Full Publishing Agreement serves as the primary contractual instrument between authors and publishers in the United States publishing industry. This document is essential when an author wishes to grant publishing rights to a publisher, whether for a single work or multiple works. It comprehensively addresses all aspects of the publishing relationship, including copyright management, royalty structures, publication timelines, and rights exploitation. The agreement must comply with U.S. Copyright Law, state contract laws, and relevant federal regulations, while also considering digital rights management and international publishing standards.
Suggested Sections

1. Parties: Identification of publisher and author/rights holder

2. Background: Context of the agreement and brief description of the work

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

4. Grant of Rights: Specific rights being granted to the publisher

5. Delivery and Acceptance: Terms for manuscript delivery and acceptance process

6. Publication Obligations: Publisher's obligations regarding publication timeline and quality

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

8. Term and Termination: Duration of agreement and termination conditions

Optional Sections

1. Subsidiary Rights: Terms for additional rights like film, merchandise - include when subsidiary rights are part of the deal

2. Electronic Rights: Digital publishing terms - include when e-book or digital distribution is part of the agreement

3. International Rights: Terms for international publication - include when publishing rights extend beyond one territory

4. Author's Warranties: Additional author guarantees - include when specific assurances are needed about content

Suggested Schedules

1. Schedule A - The Work: Detailed description of the work including word count, format, delivery date

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

3. Schedule C - Marketing Plan: Marketing commitments and promotional activities

4. Schedule D - Style Guide: Formatting and style requirements

5. Appendix 1 - Author Guidelines: Publisher's standard author guidelines and requirements

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

Clauses
Industries

U.S. Copyright Act of 1976: Primary federal legislation governing copyright law in the US, including rights of reproduction, distribution, and derivative works, plus duration of copyright protection and work-for-hire provisions

Digital Millennium Copyright Act (DMCA): Federal law addressing digital copyright issues and online copyright infringement

State Contract Laws: State-specific regulations governing contract formation, enforcement, and interpretation, including Uniform Commercial Code (UCC) and Statute of Frauds requirements

First Amendment: Constitutional protection of freedom of speech and press, with implications for publishing contracts including defamation and rights of publicity considerations

Trademark and Patent Laws: Federal intellectual property protections that may affect certain publishing agreements, especially for technical or branded works

International Copyright Treaties: Including Berne Convention, Universal Copyright Convention, and WIPO Copyright Treaty, governing international rights and protections

E-SIGN Act: Federal law governing electronic signatures and digital contract execution, relevant for modern publishing agreements

Agency Law: Legal framework governing author-agent relationships and publisher responsibilities in the publishing industry

Antitrust Laws: Including Sherman Antitrust Act and Clayton Act, governing fair competition in the publishing industry

Labor Laws: Including Fair Labor Standards Act and regulations regarding independent contractor classification in the publishing context

Privacy Laws: State and federal privacy regulations, including potential GDPR compliance requirements for international publishing

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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