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Complete Home & Office Legal Guide
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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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1993-08-01
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AGREEMENT FOR PUBLICATION OF BOOK
________________________, referred to as AUTHOR, and
________________________, referred to as PUBLISHER, agree:
TITLE AND CONTENT OF WORK
AUTHORS shall prepare and deliver to PUBLISHER a manuscript for a
book to be entitled: _____________________________________________
provided that the title to the same may be changed by the
PUBLISHER on agreement with the AUTHOR, but AUTHOR's consent
shall not be unreasonably withheld.
AUTHOR shall deliver two complete copies of the manuscript on
8.5" by 11" double spaced type written pages, and if available on
IBM-PC compatible disk in ASCII format. The manuscript shall be
of an approximate length of _______ words, but, with illustrations
and other material, shall not exceed ______ published pages.
The delivered manuscript shall be due on no later than
______________________________.
AUTHOR warrants that the text so delivered is original material
of the AUTHOR and does not infringe on any copyright or agreement
to which the AUTHOR is party. AUTHOR may include in the
manuscript copyright material from others. AUTHOR shall clearly
identify such portions of the work and AUTHOR shall furnish proof
satisfactory to the PUBLISHER that permission has been obtained
for such use, or is a fair use under the copyright code. In the
event that material prepared by the United States Government is
contained in the book, AUTHOR shall identify the same.
The PUBLISHER shall have the right to make reasonable editorial
changes or revisions, in good faith business judgment, and AUTHOR
shall promptly review and inform PUBLISHER of AUTHOR's
concurrence or disagreement with such changes. In the event that
the parties do not agree on such changes, PUBLISHER shall have
the right to treat the same as a voluntary termination of the
agreement as to the AUTHOR and will have the rights stated in the
involuntary termination section of this agreement.
VOLUNTARY TERMINATION:
The PUBLISHER shall have the right to discontinue publication, if
in its reasonable discretion the same is no longer warranted in
its business judgment. At any time if there is no edition of the
work offered for sale by PUBLISHER, or, by a party licensed or
authorized by PUBLISHER, the AUTHOR may make written demand for
re-publication. In the event that within six months the PUBLISHER
does not agree to republish, and in the event that it does not in
fact republish within a total time, from the time of demand, of
one year, rights shall revert to the AUTHOR, provided that all
contracted for rights shall continue.
INVOLUNTARY TERMINATION:
In the event of an involuntary termination, the PUBLISHER may:
(a) Treat the same as a breach of the contract and either:
(1) As liquidated damages for the breach, and not a penalty, as
damages are difficult to ascertain, AUTHOR shall pay the amount
of the advance to PUBLISHER within 15 days of notice;
(2) The PUBLISHER may make such other arrangements, in good faith
and consistent with reasonable business practices, as it may deem
appropriate including but not limited to charging the cost of
corrections to the AUTHOR, either as a fee or as a percentage of
the royalty.
ROYALTIES
The AUTHOR shall receive the following royalties:
(a) ____% of the PUBLISHER'S net receipts for works sold in the
United States except through book clubs;
(b) ____% of the PUBLISHER's net receipts for each copy of the
work sold directly by PUBLISHER through mail or phone orders to
the PUBLISHER;
(c) ____% of the PUBLISHER'S net receipts in the event that the
PUBLISHER sells, assigns or licenses it rights to others;
(d) ____% of the PUBLISHER's net receipts from sales overseas;
(e) ____% of the PUBLISHER's net receipts from sales of
serialization, movie or television rights;
(f) ____% of the PUBLISHER's net receipts from any other sales of
rights not otherwise provided for.
The parties agree that no payment will be required for:
(a) not for profit publication of the work or a derivative work
in Braille or other editions for physically challenged
individuals;
(b) any copies of the work or extracts from the work furnished by
PUBLISHER to others for promotion or publicity.
The PUBLISHER shall render an accounting of sales together with
payment on a quarterly basis, in arrears, within 30 days of the
conclusion of each quarter, together with payment. PUBLISHER may,
in its discretion, withhold a reasonable sum against returns.
PUBLISHER shall provide AUTHOR or its representative with access
to all books and records related to such royalty calculation on
reasonable prior notice. Such accountings shall be deemed to be
final if no objection or request for audit is received by the
PUBLISHER within 1 year following settlement. In the event of a
dispute, the parties shall appoint a disinterested certified
public accountant to conduct an audit. Each party may present
argument or materials to the certified public accountant. The
decision of the certified public accountant shall be final and
may be entered as a judgment in any court with jurisdiction. The
cost of the audit shall be paid by the prevailing party. In the
event that the parties cannot agree on a disinterested certified
public accountant, each party shall appoint a certified public
accountant and the two shall appoint a third certified public
accountant, and the majority of those persons shall appoint the
single disinterested Certified Public Accountant. The expense of
the panel of appointment shall be borne by each party equally.
Any sums owing from the AUTHOR to the PUBLISHER, for any reason,
may be withheld from royalties which are due.
AUTHOR'S COPIES
The PUBLISHER shall provide ____ complimentary copies of the work
to the author. The AUTHOR may also purchase additional copies for
personal use and not for resale at 50% off stated retail.
COPYRIGHT
Promptly after publication PUBLISHER shall at its expense
register copyright for the work in the name of the author as the
agent of the AUTHOR.
Dated: ____________________
___________________________________
________________________
___________________________________
_______________