Publisher Author Contract Template for United States

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Key Requirements PROMPT example:

Publisher Author Contract

"I need a Publisher Author Contract for my first novel that includes film rights and international distribution, with an advance of $10,000 and stepped royalty rates starting at 10% for the first 5,000 copies sold, scheduled for publication in March 2025."

Document background
The Publisher Author Contract serves as the foundational document governing the relationship between authors and publishing houses in the United States. This contract type is essential when an author wishes to have their work published through a traditional publishing house, establishing clear parameters for rights, responsibilities, and compensation. Used across various publishing sectors, from trade books to academic works, the agreement ensures compliance with U.S. copyright law while protecting both parties' interests. The contract typically covers manuscript delivery, publication timeline, royalty structures, and rights management, providing a comprehensive framework for the entire publishing process.
Suggested Sections

1. Parties: Identification and details of the publisher and author

2. Background: Context of the agreement and basic premises

3. Definitions: Key terms used throughout the agreement

4. Grant of Rights: Specific rights being transferred from author to publisher

5. Manuscript Delivery: Timeline and specifications for manuscript submission

6. Compensation: Royalty rates, advances, and payment terms

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

8. Term and Termination: Duration of agreement and conditions for ending it

Optional Sections

1. International Rights: Terms for international publication and translation rights when international distribution is anticipated

2. Subsidiary Rights: Terms for adaptation rights (film, audio, etc.) when potential adaptation opportunities exist

3. Marketing Obligations: Author's role in promotion and marketing when specific marketing commitments are required

4. Option Clause: Publisher's right of first refusal on author's next work when publisher wants to secure future works

Suggested Schedules

1. Schedule A - Work Description: Detailed description of the work, including length, format, and subject matter

2. Schedule B - Delivery Requirements: Specific formatting and submission requirements for the manuscript

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

4. Appendix 1 - Marketing Plan: Optional detailed marketing strategy and commitments

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
Industries

Copyright Law: Primary legislation includes U.S. Copyright Act (17 U.S.C.), Digital Millennium Copyright Act (DMCA), covering copyright duration, renewal terms, and work-for-hire provisions

Contract Law: Includes state-specific contract laws, Uniform Commercial Code (UCC), and Statute of Frauds requirements for contractual agreements

Intellectual Property Rights: Covers rights of publicity, trademark considerations, and derivative works rights in publishing context

Publishing Industry Regulations: Federal Trade Commission (FTC) guidelines, state-specific publishing regulations, and industry standard practices

Financial/Tax Considerations: Internal Revenue Code provisions, state tax regulations, and royalty reporting requirements for publishing agreements

Electronic Rights: Regulations concerning e-book rights, digital distribution, and online platform considerations

International Rights: International copyright conventions, translation rights, and territory restrictions in publishing agreements

Privacy Laws: State privacy laws, federal privacy regulations, and data protection requirements applicable to publishing contracts

First Amendment Considerations: Freedom of speech protections, libel and defamation laws affecting publishing contracts

Competition Law: Antitrust regulations, exclusivity clauses, and non-compete provisions in publishing agreements

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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