
Adam Frankel
General Counsel · Technology & AI
15+ years as General Counsel to technology, cloud & AI companies
AGREEMENT BETWEEN PUBLISHER AND AUTHOR
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This is a book publishing contract that grants exclusive print rights while leaving the copyright title with the author. It contains specific provisions for the creation of indices, table of cases, and table of statutes by the author. It is not an assignment of copyright, as the author retains ownership throughout the term.
Use this document when a publisher is taking on a manuscript for worldwide book distribution under a royalty-based payment model. Use a Copyright Assignment Agreement instead if the publisher is buying the copyright entirely rather than licensing rights.
| Clause | Name | What it does |
|---|---|---|
| 1 | Grant of Rights | The Author grants the Publishers sole and exclusive global rights to print and publish the work in book form. |
| 4 | New Editions | The Publishers decide the timing of reprinted editions, and the Author must prepare the press materials or pay revision charges. |
| 8 | Notice of Assignment | The Author must provide at least one year's notice before selling or assigning the copyright to a third party. |
| 9 | Competing Works | The Author is prohibited from writing or revising any competing or similar book for other publishers. |
| 10 | Royalties | The Publishers pay tiered percentage royalties based on the first several hundred copies sold in India and international sales. |
| 12 | Indemnity | The Author indemnifies the Publishers against losses resulting from defamatory, libellous, obscene, or copyright-infringing content within the work. |
| 13 | Copyright Ownership | The document explicitly states that the copyright in the work remains the property of the Author. |
| 18 | Arbitration | Any disputes regarding the agreement's meaning or party responsibilities are referred to arbitration under the Arbitration and Conciliation Act 1996. |
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A publishing agreement between a publisher and an author in India, under which the author grants the publisher the sole and exclusive worldwide right to print and publish a specified work in book form (all editions), while retaining copyright. It covers the author's warranties of originality and title, restrictions on assigning or licensing the work, control of new/reprint editions and revisions, delivery and approval of the typescript, tiered royalties for copies sold in and outside India, annual accounting, the author's proof-correction and indexing duties, an indemnity for defamatory or infringing content, conduct of copyright-infringement proceedings and sharing of any recovery, and dispute resolution by arbitration.