Agreement between Author and New Publisher (India) by OLL
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Agreement between Author and New Publisher
AGREEMENT is made at _________ this day of___________ between ________________R/o ______________Hereinafter referred to as the `Author' of the First Part &......................carrying on business at _____________ Hereinafter referred to as `the New Publisher of the Other Part.
WHEREAS
1. The Author, by a Deed of Assignment dated ______________between the Author and_________________ (hereinafter referred as the Old Publisher) in consideration therein mentioned, assigned to the said. Old Publisher all his copy right in the book titled _______________written by him subject to certain reservations particularly regarding subsequent edition of the book and the first edition has been published by the said old Publisher in the year_______________
2. The said Old Publisher has in his turn assigned the said copyright in the said book to the New Publisher by a Deed of Assignment dated........ 200-
3. The Old Publisher had brought out, and sold one edition of the said book and the book is due for republication, being in demand.
4. The New Publisher has approached the Author with a request to re-edit the said Book by making necessary, additions omissions or alterations so as to bring it up-to-date and which the Author has agreed to do on the following terms and conditions.
NOW IT IS AGREED BY THE PARTIES HERETO AS FOLLOWS:
1. The Author, at the request of the New Publisher agrees to re-edit the said book entitled ______________by making necessary additions, omissions, alterations or corrections as may be necessary to make it up-to-date. The Author agrees to complete the said work within __________months from the date hereof and to hand over to the New Publisher the re-edited manuscript copy of the said book.
2. The Author grants license to the New Publisher to publish such a revised edition to be prepared by the Author.
3. The Author covenants that he will not give any license to any other person for republishing the said book revised or unrevised.
4. The New Publisher agrees to pay to the Author by way of royalty for the revised edition a sum equal to ________per cent of the price of each copy of the book sold less the proportionate costs of printing and the amount will be paid at the end of every ________months from the publication of the revised edition for all copies during the said period.
5. The New Publisher shall send to the Author every _______months a statement of account in respect of the royalty payable to the Author and the Author will have the right to inspect the books of account, vouchers and papers of the New Publisher to verify the correctness of the account submitted by the New Publisher.
6. The Author shall have a lien on the unsold copies for the amount of royalty due and payable to him and he will be entitled to enforce the said lien through Court.
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This agreement outlines the terms between an author and a new publisher for the revision and republication of an existing book. It covers the author's obligation to update the manuscript, royalty payment structures, auditing rights, and the transfer of publishing licenses.
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About this template
What is this template?
This is a license agreement for the creation and publication of a specific revised edition of a book. It is not a broad assignment of all future rights and explicitly includes a clause where the license lapses if the publisher fails to reprint.
When should you use it?
Use this when a book's copyright has already been assigned but a new publisher wants the author to perform specific updates for a new edition. Use a Deed of Assignment instead for the initial transfer of all intellectual property rights.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Re-editing and Manuscript delivery | The Author agrees to complete the re-editing work within a specified number of months and deliver the updated manuscript to the New Publisher. |
| 4 | Royalty | The New Publisher pays a percentage of the price of each copy sold, less printing costs, every specified number of months. |
| 5 | Account Statements and Inspection | The New Publisher must provide royalty statements periodically, and the Author holds the right to inspect account books and vouchers for verification. |
| 6 | Lien on Unsold Copies | The Author retains a legal lien on unsold book copies to secure any unpaid royalty amounts due under the agreement. |
| 7 | Warranties against Infringement | The Author warrants that the revised edition contains no defamatory material and does not infringe any third-party copyright. |
| 9 | Lapse of License | The license expires if the New Publisher declines to reprint the book after the revised edition is sold out. |
| 11 | Arbitration | Disputes are referred to a common arbitrator or two party-appointed arbitrators governed by the Arbitration Act. |
Who it's for
- an author re-editing a book for a publisher who acquired rights from a previous publisher
- a publishing house in India issuing a revised edition of an acquired title
- parties modifying a prior Deed of Assignment to permit updated publication
How long it runs and how it's signed
Law it's drafted under
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