The Public Press
AGREEMENT made this _____ day of ___________, between
(Name of Author)
(hereinafter referred to as "the Author") and The Public Press (hereinafter referred to as "the Publisher") with reference to a work tentatively entitled:
- The purpose of this relationship is to create an edition of the Author's work (the Work) under the imprint of The Public Press.
- The Publisher shall copyright the Work in the name of the Author in conformity with the United States Copyright Act and the Universal Copyright Convention, as amended. The Publisher is authorized, but not obligated, to take steps to secure copyright in other countries in the Territory and to apply in the Author's name for any renewal of any copyright.
- The Publisher will have for a thirty-six month period following publication the exclusive right to serve as an agent in negotiating the sale of all subsidiary rights to the Work, including, but not limited to future book editions, foreign language sales, film, audio, and electronic. Revenues from the sale of rights will be split 70% for the Author and 30% for the Publisher.
- The Publisher will take the Author's acceptable manuscript and make it available in printed form to bookstores, libraries, distributors, and other retail venues known collectively as "the book trade." The Work will also be made available as a downloadable file on the publisher's website.
- The Author agrees to a one-time payment of $1,000 to become a member of The Authors' Collective, an association of writers whose books are published by The Public Press.
- The Author will be paid a royalty of 20% on the Publisher's net receipts on all sales. "Net receipts" is defined as the retail price, less discounts, less credits issued for returned books. Royalties will be paid twice a year, in April and October.
- The Author may purchase an unlimited number of copies from the initial press run for printer's invoice plus 20%. The Author may purchase prior to subsequent reprints at the same cost. Books purchased from Publisher's inventory will be sold at 40% of retail price. Payment will be required prior to the print run.
- This agreement will remain in effect until such time as the Work goes out of print. "Out of print" is defined as being unavailable to the book trade for a continuous period of 120 days.
- Any disputes arising from this agreement will be submitted to binding arbitration, selected by mutual agreement, within the state of Vermont and subject to the laws of the state of Vermont.
- The Author represents and warrants to the Publisher, and to those to whom it may license or grant rights hereunder, that the Author is the sole author and/or owner of the Work and that it is original, is not in the public domain, and does not infringe upon or violate any personal or property rights of others; that it contains nothing libelous, in violation of any right of privacy, or contrary to law; and that the Author has all necessary permissions, licenses, releases, and consents, and has the full power to enter into this Agreement and to grant to the Publisher the rights herein provided for.
- The Author agrees to indemnify and hold the Publisher harmless against any loss, damage, liability or expense (including counsel fees reasonably incurred) arising out of any claim, action or proceeding asserted or instituted on any ground which, if established by a final court judgment, would be a breach of any of the warranties made by the Author in this Agreement.
for The Public Press
|(The following information is needed for copyright purposes.)|
Author's Mailing Address: __________________________________
Author's citizenship: _________________
Author's birth date: _________________
revised and posted 18 May 2005