THE LEGAL HUH?
Here's the thing about contracts... they can be really confusing! So, we're breaking down our standard publishing agreement to let you know what we think it means. Your attorney or agent may think it means something entirely different, so if you feel like you need to make some changes, just let us know. The end version should benefit both of us; but most importantly, it should say that we do not have any rights to your work in any way, shape or form.
Please note that if an author selects the traditional investment option, a traditional acquisition of rights will occur until such time as the investment is made. When that time arrives, the rights and royalties revert to the author 100%. Royalties to the author for a traditional investment contract are 50% for ebooks, 20% for paperback, 20% for audio, and 50% for all derivatives (marketing, translations, etc.) All amounts are based on net.
Please note that if an author selects the traditional investment option, a traditional acquisition of rights will occur until such time as the investment is made. When that time arrives, the rights and royalties revert to the author 100%. Royalties to the author for a traditional investment contract are 50% for ebooks, 20% for paperback, 20% for audio, and 50% for all derivatives (marketing, translations, etc.) All amounts are based on net.
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. B. This means that you aren't giving us any rights to your book. It's yours, period. This is important because it protects your book in the event that we file bankruptcy or just go out of business at some point. You won't have to worry that your rights will be tied up by a trustee or be placed up for auction. We never "own" them, therefore they are not an asset. 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. C. This part is important for you, as well. It means that even though we don't have any rights to your book, we also have no rights to any of the money your book earns. |
Part Two
A. The Author acknowledges that s/he is choosing to self-publish the Literary Work using the Publisher’s imprint.
A. You are still self-publishing your book, even though it appears you have a publisher. We are listed as your publisher, and we are called the "Publisher" in this contract because we have been assigned to a block of ISBN's in our name. This benefits you because while "everyone" will still know that you're self-published, they will also know that you have been through a professional process for content, quality and editing. B. The Publisher has no responsibility to manufacture, promote, create, produce, or otherwise be involved in the distribution of the Literary work, except: B. This part explains that we are not going to print books, that we are not obligated to promote your book (except as explained later). This is self-publishing, and we do not claim to be a "traditional" publisher.
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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.
C. Let's say MGM comes calling and they want to turn your collection of short horror stories into the next Halloween blockbuster. We are not permitted to negotiate this deal for you like a "traditional" trade publisher would. We are responsible, however, to put them in touch with you. *Under a traditional investment contract, we do hold rights to negotiate during the investment period and the royalty split is 50/50 up to your investment amount. |
Part Three
A. Definition of Terms
A. This part is all about what words mean for the purposes of this contract. It's pretty self-explanatory, but if you have any questions before you sign, just ask. Basically it says that you keep the rights to ... everything. Please note, at the end of each line, there is notice as to who (you or us) retains the rights defined. Each and every one is retained 100% by you!
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Part Four
A. Author’s and Publisher’s Warranties, Representations and Promises
A. These are the promises that we're making to each other.
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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
While keeping in mind that you, the author, are self-publishing your book, there are a couple of responsibilities that we will maintain as befitting any publisher. This section outlines what we have to do to for promotion and marketing of your book, in our mutual best interest.
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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
This section talks about sending us your final creation.
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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.