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The Book Publishing Agreement is a legal document that establishes a contractual relationship between the author and the publisher. It grants the publisher the exclusive right to publish, distribute, sell, and make the author's work available in a specified territory. The agreement also outlines the author's obligations to deliver the manuscript and necessary permissions to the publisher. It includes provisions for the publisher's approval of the manuscript and the author's right to correct any defects within a specified timeframe. The agreement includes warranties from the author regarding the originality of the work, the absence of any encumbrances on the rights, and the work's compliance with copyright laws. The author agrees to indemnify the publisher against any loss or liability arising from a breach of these warranties. The agreement also covers payment terms, including an upfront fee and royalties based on the sale of the work. It specifies that no royalty will be paid on copies sold below cost or provided for review or advertising purposes. The publisher is responsible for providing statements of sales and paying royalties to the author. The agreement includes provisions for termination, effects of termination, severability, amendment, and governing law. It also includes clauses regarding infringement, confidential information, and notices and service. The agreement is signed by the authorized representatives of both parties.
To use the Book Publishing Agreement:
1. Grant of License: The author grants the publisher the exclusive right to publish, distribute, sell, and make the work available in the specified territory. The author also grants the publisher the right to license publication of reprint editions and to use the author's name, likeness, and biographical information for promotional activities.
2. Delivery of the Manuscript: The author agrees to deliver a copy of the manuscript, including any necessary permissions and additional materials, to the publisher by the specified delivery date. The manuscript should be delivered in the required form and format.
3. Approval of the Manuscript: The publisher will review the delivered manuscript and notify the author in writing of its approval. If the manuscript is deemed unacceptable, the author has 30 days to correct any defects. Failure to do so may result in the termination of the agreement.
4. Warranties: The author warrants that they have the power to enter into the agreement and that the work is their original creation. The author also warrants that they have obtained all necessary approvals and consents, and that the work is free from any encumbrances. The author agrees to indemnify the publisher against any loss or liability arising from a breach of these warranties.
5. Payment: The publisher will pay the author an upfront fee and royalties based on the sale of the work. The author is responsible for submitting a professionally edited manuscript and proofreading the final proof before publication.
6. Termination: The author or the publisher may terminate the agreement by giving written notice. Termination may occur in case of non-payment, material breach, insolvency, or cessation of business. Upon termination, the publisher must discontinue the use of the work, and any outstanding payments become due.
7. Confidentiality: Both parties agree to keep the terms of the agreement and any confidential information disclosed during the agreement confidential, except as required by law or for tax purposes.
8. Notices and Service: Any notices under the agreement must be given in writing and delivered by hand, email, or post. The addresses for service are specified in the agreement.
9. Entire Agreement: The agreement constitutes the entire agreement between the parties and supersedes any previous agreements or understandings. Any variations to the agreement must be in writing and signed by both parties.
10. Governing Law: The parties agree to use reasonable endeavors to resolve any disputes amicably. The agreement is governed by the laws of the jurisdiction specified.
Please note that this guidance is a summary and does not constitute legal advice. It is recommended to consult with a legal professional for specific guidance and to ensure compliance with applicable laws and regulations.