Agreement Between Publisher and Author (India) by OLL
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AGREEMENT BETWEEN PUBLISHER AND AUTHOR
The Memorandum of agreement made
Between
BCR& Co. Ltd, a Company with incorporated under the Indian Companies Act and with its registered office at ………………………………….……………… (after it called the publishers) which expression shall, unless excluded by or contrary to the context, include the said its heirs in the business (as the case may be) of the One Part
AND
Mr. ATUL DESHMUKH of …………………………………………………………………………………………………..…………. (Address) (after it called the author which expression shall, unless excluded by or contrary to the context, include the said Mr. ATUL DEHMUKH and his successors, executors, administrators and assigns) of the Other Part.
Whereas the author has written an original work bearing title Publishers' Companion and being owner of the copyright therein.
Now it is hereby consented by and between the parties hereto as follows:
1. The author allows to the publishers the sole over exclusive right in printing and publish said work in book form in the whole world for all editions including reprinted editions.
2. The author defends that the said work being original work and that the author being owner of copyright therein and that he has not made any allotment or sanctioned any licence relating 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 allotment of the rights to print and publish the said work in the whole world or sanction any licence to print and 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 adjudged by the publishers. The terms/conditions for such new edition/reprinted edition will be alike as those of this agreement. In such eventuality, the author shall opt for editing and preparing 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 publisher's choice and will bear the right in using the name of author in that and all future editions as used before hand in the first edition. The revision/editing charges will, however, be debited to the AUTHOR.
5. The author undertakes in handing over the complete typescript in orignal of said work to publishers ready for the printers.
6. The publishers consent to print/publish the said work per their own cost, subject to ratification of the typescript.
7. The number of copies of said work to be printed, distributed and/or presented in every edition shall be adjudged by the publishers.
8. That before intimation of, minimum one year, should be given by the author to the publishers expressly if the author adjudges to sell/present the copyright of the said work to someone. In that case such assignment shall be subject to terms/conditions for publication of subsequent editions and reprinted editions contained herein.
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This template is an agreement between an author and a publisher for the publication of an original work. It defines the exclusive rights of the publisher to print and distribute the work worldwide while ensuring the author retains ownership of the copyright. The document covers essential terms including royalty payments, revision processes for new editions, and legal warranties against defamation or copyright infringement.
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About this template
What is this template?
This is a license-based publishing contract where the author retains copyright but grants exclusive worldwide printing rights. It is not an assignment of copyright, and it contains specific tiers for domestic Indian sales versus international sales.
When should you use it?
Use this when a book author is signing with a commercial publisher for printed editions. Use a Copyright Assignment Agreement instead if the author is selling the ownership of the work entirely.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Grant of Rights | Grants the publishers the sole and exclusive right to print and publish the work in book form worldwide for all editions. |
| 2 | Warranty of Ownership | Requires the author to warrant they are the original owner of the copyright and have not previously licensed the work. |
| 4 | Revised Editions | Allows the publisher to hire a third party for revisions if the author is incapable, debiting charges to the author's account. |
| 10 | Royalties | Specifies a tiered percentage royalty for copies vended in India and a separate percentage for sales vended outside India. |
| 12 | Indemnity | Obliges the author to compensate the publisher for losses resulting from defamatory content or copyright infringement within the work. |
| 13 | Copyright Ownership | Expressly states that the copyright in the work remains the property of the author despite the exclusive publishing license. |
| 18 | Arbitration | Mandates that disputes regarding the agreement be resolved through arbitration under the Arbitration and Conciliation Act 1996. |
Who it's for
- an author in India licensing an original manuscript to a corporate publisher for global distribution
- a publisher requiring a warranty that a work contains no defamatory or libelous content
- parties intending to resolve publishing disputes via the Arbitration and Conciliation Act 1996
How long it runs and how it's signed
Law it's drafted under
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