Agreement of License to Publish on Royalty Basis (India)
This template is an agreement between an author and a publisher for the publication of a book on a royalty basis. It outlines the publisher's responsibility for printing and marketing costs, the payment of royalties based on book sales, and the protection of the author's copyright.
Agreement of License to Publish on Royalty Basis
Agreement is made at __________ this _________ day of _________ between Mr................r/o.......... Hereinafter referred to as `the Author' of the One Part and________________________ carrying on business at ______________ Hereinafter referred to as `the Publisher' of the Other Part
WHEREAS
1. The Author has written a book on the subject of...................... and desires to publish the same.
2. The Publisher has offered to publish the said book on the following terms and conditions, which are also agreed to by the Author.
NOW IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. The Publisher agrees to publish the said book entitled __________ within a period of __________months from the date hereof. The printing and publishing will be done by the Publisher at his own costs.
2. The Author has delivered the manuscript of the book on the execution of this Agreement to the Publisher and the Publisher acknowledges receipt thereof.
3. The Author grants to the Publisher the right to print and publish the said book subject to the terms and conditions herein contained.
4. The Author hereby warrants that the said book does not infringe the copy right of any other person and he is the sole copyright owner of the said book. He also warrants that he has not given license to publish the said book to any other person. The Author agrees to indemnify the Publisher against any claim made by reason of infringement of copyright of any other person or by reason of the Author having given any right in respect of the book to any other person.
5. The Publisher shall print and publish the book at his own entire costs and expenses and he will also advertise the publication of the work at his own cost.
6. The Publisher shall, in consideration of the said right of publication hereby given, pay to the Author as and by way of royalty a sum equal to _________per cent of the price less the cost of printing of each copy of the book actually sold. The amount of royalty accrued on sales, shall be paid within __________weeks from the expiration of every six months commencing from the publication of the book.
7. The Publisher shall submit to the Author every ________months, commencing from the publication of the book, a statement of the copies sold by the Publisher and his agents and shopkeepers. And such statement shall be sent along with the amount of royalty payable as aforesaid. Acceptance of any payment of royalty will not be construed as acceptance by the Author of the correctness of the statement and the Author will be entitled to verify the statement with the books of account, vouchers and other papers relating to sale and the Publisher shall offer such inspection to the Author or his agent whenever demanded by the Author. The Publisher shall with every such statement disclose the total number of copies printed by him.
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About this template
What is this template?
This document is a licensing contract between an author and a publisher for the commercial exploitation of a book. It is not an assignment of copyright, as the author retains ownership while granting specific publication rights. It contains specific mechanics for calculating royalties based on the retail price and provisions for author corrections during the proofing stage.
When should you use it?
Use this document when an author is granting rights to a publisher in India in exchange for a percentage of sales. If the author is being paid a one-time flat fee instead of ongoing royalties, use an Assignment of Copyright for Lump Sum instead.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Grant of License | The Author grants the Publisher the exclusive right to print and publish the literary work in book form within India. |
| 2 | Author's Warranty | The Author warrants they are the sole owner of the copyright and that the work is not libelous or infringing. |
| 3 | Manuscript Delivery | The Author must deliver a complete manuscript by a specified date or the Publisher may terminate the agreement. |
| 5 | Royalties | The Publisher agrees to pay the Author a royalty of [percentage]% of the published price for every copy sold. |
| 7 | Accounts and Inspection | The Publisher must render half-yearly accounts and allow the Author to inspect books of account once per year. |
| 10 | Termination for Breach | The Author may terminate the license if the Publisher fails to pay royalties or becomes insolvent. |
Who it's for
- an author licensing a literary work to an Indian publishing house
- a publisher securing exclusive rights to distribute a book within India
How long it runs and how it's signed
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