THE LEGAL-EZE
This is our general "starting point" contract at Indie Artist Press. The great thing about Indie publishing is that you can pretty much write your own ticket. You are your own agent, and you are your own publisher. Anything that you don't like about this contract can be altered and changed, provided we both agree on the changes. So, ask us - we might! On that note, however, we're fairly confident that, because this contract gives you 100% rights and control over every conceivable aspect of your work, you won't feel like changing much, if anything at all.
The only change we've made recently, in fact, was allowing for a partnership between us and one of our authors who wanted the option of paying off his publishing fees via a royalty agreement akin to a "big publisher" contract with a penalty-free option to pay off the balance early and regain 100% rights and royalties. We had no problem with that, and that option is now available to all of the authors at IAP. Just change the 100% to 50% in the following language, and as soon as the fees are paid in full, either via sales or earlier, all the 50s turn back into 100s.
The only change we've made recently, in fact, was allowing for a partnership between us and one of our authors who wanted the option of paying off his publishing fees via a royalty agreement akin to a "big publisher" contract with a penalty-free option to pay off the balance early and regain 100% rights and royalties. We had no problem with that, and that option is now available to all of the authors at IAP. Just change the 100% to 50% in the following language, and as soon as the fees are paid in full, either via sales or earlier, all the 50s turn back into 100s.
The Publishing Agreement
Indie Artist Press (the “Publisher”) and Your Name Here (the “Author(s)”) hereby agree as follows:
Part One
A. The Author has created a literary work, to wit: Your Book Title Here (the “Literary Work”).
B. The Author grants and assigns to the publisher no rights, exclusive or otherwise, including primary rights, audio, video, calendar, electronic, merchandising, foreign language, theme park, periodical, motion picture, television, radio, dramatic, commercial or any means of production, distribution or format not yet discovered, in the United States, The British Commonwealth or any other nation, now existing or in the future. C. The Publisher is not entitled to any share or percentage of the proceeds earned from the Literary Work in any form listed in section B above, or in any form omitted by oversight or design. |
Part Two
A. The Author acknowledges that s/he is choosing to self-publish the Literary Work using the Publisher’s imprint.
B. The Publisher has no responsibility to manufacture, promote, create, produce, or otherwise be involved in the distribution of the Literary work, except:
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C. The Publisher is not entitled or responsible to dispose of any rights belonging to the Author and agrees to forward to the Author any inquiries made to the Publisher concerning licensing of rights for any purpose.
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Part Three
A. Definition of Terms
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Part Four
A. Author’s and Publisher’s Warranties, Representations and Promises
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B. Author’s Consent
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C. Author’s Name and Likeness
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D. Copyright and Other Registrations and Designations
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E. Publisher Identification
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F. Publisher's Responsibility to Promote and Market
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G. Predictions and Guarantee of Sales or Success
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Part Five
A. Delivery of Literary Work in Final Form and Galley Review
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B. Delivery of Cover Art and Design in Final Form
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C. Return of Monies or ISBN Property
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D. Author or Publisher Illness, Acts of God and Other Considerations
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E. No Obligation to Publish
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F. Delays Due to Third Party Involvement
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G. Disputes Between the Parties
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H. Indemnification
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I. Notice of Suits Brought
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J. Costs of Defending Suits
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K. Termination of Contract for Material Breach
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Part Six
A. Out of Print/No Longer Available
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B. Change to Prices of Literary Work
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C. Change in Title of Literary Work
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D. Free Copies for Author
E. Waivers and Validity
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F. Masculine and Feminine Inclusion
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G. Singular and Plural Inclusion
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Wherefore, the parties hereto agree and affix by their own hand acceptance of all items and terms included herein;
Signatures and Dates.
Signatures and Dates.