This publishing agreement template has 9 pages and is a MS Word file type listed under our legal agreements documents.
Sample of our publishing agreement template:
PUBLISHING AGREEMENT This Publishing Agreement (the "Agreement") is effective [DATE], BETWEEN: [PUBLISHER NAME], (the "Publisher") an individual with their main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [AUTHOR NAME], (the "Author") an individual with their main address located at: [COMPLETE ADDRESS] Collectively referred to as "Parties" and individually referred to as their respective names. WHEREAS, the Author desires to publish the Author's work titled "[TITLE OF WORK]" (hereinafter called the "Work"), and the Publisher desires to publish the Work; NOW, THEREFORE in consideration of the promises hereinafter set forth and for valuable consideration, receipt whereof is acknowledged, the Parties agree as follows: GRANT OF PUBLISHING RIGHTS The Author hereby grants and assigns to the Publisher, its successors, representatives, and assigns, the sole and exclusive right to publish (i.e., print, publish, and sell) the Work in the [SPECIFY LANGUAGE] language in all forms in [SPECIFY TITLE AND TYPE OF WORK], its territories and dependencies, during the full term of copyright and any renewals and extensions thereof, except as provided herein. The Publisher shall have the sole and exclusive right to publish or to license the Work for publication in the [SPECIFY LANGUAGE] language or in any other language in [STATE/PROVINCE] and in any other foreign country, except as provided herein. The Author shall execute and deliver to the Publisher any and all documents which the Publisher reasonably deems necessary or appropriate to evidence or effectuate the rights granted in this Agreement. If, at any time during the effective term of this Agreement, a claim shall arise for infringement or unfair competition as to any of the rights which are the subject of this Agreement, the Parties may proceed jointly or separately to prosecute an action based on such claims. If the Parties proceed jointly, the expenses (including attorneys' fees) and recovery, if any, shall be shared equally by the Parties. If the Parties do not proceed jointly, each Party shall have the right to proceed separately, and if so, such Party shall bear the costs of litigation and shall own and retain any and all recovery resulting from such litigation. If the Party proceeding separately does not hold the record title of the copyright at issue, the other Party hereby consents that the action be brought in his, her or its name. Notwithstanding the foregoing, the Publisher has no obligation to initiate litigation on such claims, and shall not be liable for any failure to do so. Nothing contained in this clause shall be construed as limiting, modifying or otherwise affecting any of the rights granted to the Publisher under this Agreement. COPYRIGHT Copyright of the Work, if not heretofore registered, shall be registered by the Publisher, upon first publication, in a timely manner in the name of the Author, in the [STATE/PROVINCE] and in such other countries as the Publisher deems feasible or desirable, and the proper copyright notice or notices necessary to protect copyright to and in any Work shall be printed on the reverse side of the title page or in another appropriate place, in every copy thereof, in the name of the Author. The Publisher shall also have the right to effect any renewals of copyright provided by law and the right to any assistance from the Author or Author's heirs, successors, or assigns, essential thereto. AUTHOR WARRANTIES AND INDEMNITY The Author warrants to the Publisher and its licensees that: he/she is the sole Author and proprietor of the Work; the Work has not heretofore been published in any form; he/she is the owner of all the rights granted to the Publisher, and has full power to enter into this Agreement, and that said rights are not subject to any proper agreement, lien, or other claim or rights which may interfere with the rights herein granted; the Work is original and not published in the public domain; it does not violate the right of privacy of any person; it contains no libelous, obscene, or other unlawful matter; and it does not infringe upon the copyright or violate any other right of any person or Party. The Author agrees to hold the Publisher harmless against any damages, including attorneys' fees, finally sustained in any suit involving the Publisher or its licensees by reason of a violation of any of these warranties. If any such suit is instituted, the Publisher shall promptly notify the Author and may withhold payments due to the Author under this Agreement, until such suit has been settled or withdrawn. If a final adverse judgment is rendered and is not discharged by the Author, the Publisher may apply the payments so withheld to the satisfaction of such judgment. The Author undertakes for herself, his successors and assigns, to execute at any time, on request of the Publisher, any document or documents to confirm or continue any of the rights defined herein, and to take all proceedings necessary to enforce copyright in [PROVINCE/STATE, COUNTRY] and elsewhere. If the Author unreasonably disapproves of any out-of-court settlement recommended by the Publisher and the claim or suit proceeds to trial, the Author shall be liable for all the Publisher's fees, costs, damages, and expenses connected with such trial, regardless of outcome. The Publisher shall have the right to reasonably extend the benefit of the indemnities to any person, firm, or corporation at any time, and the Author shall be liable thereon as if Author's warranties were originally made to such person, firm, or corporation. The provisions of this section shall survive the termination of this Agreement. DELIVERY OF WORK The Author shall deliver The Work to the Publisher, to a professional standard and in an electronic form acceptable to the Publisher, by [DATE]. The Author shall deliver all artwork, illustrations, photographs, prefaces, references, acknowledgments, and other "front matter" or "back matter." If the Author fails to deliver the manuscript within [NUMBER OF DAYS] days after the above-mentioned date, or if any manuscript that is delivered is not, in the Publisher's judgment, satisfactory, the Publisher shall give the Author written notice describing such failure and permit the Author to cure this defect within [NUMBER OF DAYS] days of that notice. If the Author fails to do so, the Publisher may have the option to remedy the defect. The Publisher may deduct its reasonable expenses for curing such defect from any proceeds that come due to the Author, and no proceeds will be paid to the Author until said expenses are reimbursed to the Publisher. Alternatively, the Publisher may opt to terminate this Agreement by giving written notice, whereupon the Author agrees to repay forthwith all amounts which may have been advanced hereunder. EDITING AND ARTISTIC INPUTS In return for timely delivery of the Work to an agreed standard, as defined by the Specification, the Publisher will provide services including, but not limited to, editorial support, tools-advice, design and illustration services, professional indexing, copy-editing, proof-reading, typesetting, and promotion/marketing. On delivery of each part of the Work, it shall be edited by the Editor, who shall indicate any necessary corrections. This will be returned to the Author, who undertakes to correct the Work. This process will continue as many times as necessary. The Publisher reserves the right, having first notified the Author, to alter or remove any part of the Work as may be considered objectionable or actionable at law, and generally reserves the right to alter, amend, add to or delete any material from the Work in any manner and to any extent that the Publisher considers in good faith to be for the improvement of the Work.
