AGREEMENT BETWEEN PUBLISHER AND AUTHOR

AGREEMENT BETWEEN PUBLISHER AND AUTHOR

This Memorandum of Agreement is made between ____________________ (name of the publisher), a company incorporated under the Indian Companies Act and with its registered office at ____________________ (hereinafter called the "Publishers", which expression shall, unless excluded by or contrary to the context, include its successors in the business, as the case may be) of the One Part;

AND Mr./Ms. ____________________ (name of the author) of ____________________ (Address) (hereinafter called the "Author", which expression shall, unless excluded by or contrary to the context, include the said Author and his/her successors, executors, administrators and assigns) of the Other Part.

Whereas the Author has written an original work bearing the title "____________________" (title of the work) and is the owner of the copyright therein;

Now it is hereby agreed by and between the parties hereto as follows:

1. The Author grants to the Publishers the sole and exclusive right to print and publish the said work in book form throughout the whole world, for all editions including reprinted editions.

2. The Author warrants that the said work is an original work, that the Author is the owner of the copyright therein, that he/she has not made any assignment or granted any licence relating to any of the rights concerning the subject-matter of this agreement, and that the said work has not been published.

3. The Author shall not make any assignment of the rights to print and publish the said work throughout the whole world, nor grant any licence to print and publish the whole work or any part thereof in the territories of the world, without the express agreement of the Publishers.

4. The time when a reprinted/new edition will be published is to be decided by the Publishers. The terms and conditions for such new edition/reprinted edition will be the same as those of this agreement. In such event, the Author shall undertake the editing and preparing of the same for the press. Provided always that in case of the Author's incapability or demise, the Publishers shall be free to get it revised by some other person of the Publishers' choice, and shall have the right to use the name of the Author in that and all future editions as used in the first edition. The revision/editing charges will, however, be debited to the Author.

5. The Author undertakes to hand over the complete typescript, in original, of the said work to the Publishers, ready for the printers.

6. The Publishers agree to print and publish the said work at their own cost, subject to approval of the typescript.

7. The number of copies of the said work to be printed, distributed and/or presented in every edition shall be decided by the Publishers.

8. That a minimum of one year's notice should be given by the Author to the Publishers, expressly, if the Author decides to sell or assign the copyright of the said work to someone. In that case, such assignment shall be subject to the terms and conditions for publication of subsequent and reprinted editions contained herein.

9. The Author will not write or revise any other competing book against the said work for any other publishers, nor publish any similar book against the said work, either by himself/herself or otherwise.

10. The Publishers shall pay to the Author, during the lawful period of his/her copyright, the following royalties/fees:
(a) On every edition published throughout the world, except as otherwise provided in this agreement: a royalty at the rate of ___% (___ per cent) of the published price for the first ___ hundred copies sold in India; ___% (___ per cent) of the published price for the next seven hundred copies sold in India; and ___% (___ per cent) for all copies sold in India thereafter.
(b) On each copy sold outside India: ___% (___ per cent) of the actual amount received from the sale.
Provided always that royalties/fees shall only be paid on amounts actually received by the Publishers, and no royalties or fees shall be paid in respect of any copies given away for review or other purposes, or destroyed by fire, water, enemy action, in transit or by accident.

11. The Publishers will prepare an annual statement of accounts giving the sales of the said work, and will pay to the Author, or his/her legal representatives, the royalties due thereon.

12. That the Author warrants that the said work:
(a) contains nothing of a defamatory, libellous or obscene character, or otherwise actionable at law; and
(b) in no way whatsoever infringes or violates any subsisting copyright or any proprietary or other actionable rights of others;
and that the Author and the Author's legal representatives shall indemnify the Publishers against all loss/damage whatsoever incurred or sustained, including any lawful costs or expenditure incurred by the Publishers, due to any breach of this warranty. Provided always that the Publishers shall have the right, without prejudice to their other rights under this clause, to amend the text of the said work as they consider proper, to remove any passage which, in their complete discretion or as advised by their legal advisers, may be thought actionable at law.

13. The copyright in the said work shall be the property of the Author.

14. The proof sheets of the said work shall be corrected by the Author.

15. The Publishers shall supply to the Author ___ (___) copies of the said work per every edition, gratis.

16. The Author shall compile the contents, the table of cases, the table of statutes and the subject index, etc., ready for the printers, and will hand over the same to the Publishers within two weeks from the date of receiving the printed pages of the text of the said work. Provided always that in case of the Author's incapability or failure to do the same, the Publishers shall be free to select any other person of their choice to do the same and fix his remuneration, and such charges shall, however, be debited to the Author.

17. If the Publishers consider that there has been a breach of copyright in the said work, the Publishers shall be free to adopt such steps as thought necessary for dealing with the matter; and if they wish to take proceedings, they shall, on giving the Author an undertaking to pay all costs/expenses and to indemnify the Author against all liability for costs, be entitled to use the Author's name as a party to such proceedings, but at the same time to settle or compromise as they deem fit. Any profits/damages recovered in respect of any such breach of copyright shall, after deducting all costs/expenses, be equally divided between the Author and the Publishers.

18. If at any time any controversy or question shall arise touching the meaning or effect of this Agreement, or any clause or thing therein, or relating to the rights or responsibilities of the parties hereunder, the same shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996.

IN WITNESS WHEREOF, the parties have set their hands on the day, month and year first above-written.

Signed, sealed and delivered by Director Mr./Ms. ____________________, pursuant to the Board resolution of ____________________ (name of the publisher) dated ____________:
________________________

Signed, sealed and delivered by Mr./Ms. ____________________ (name of the author), Author:
________________________

DATE: ____________
PLACE: ____________

WITNESSES:
1. ________________________
2. ________________________