Sample Contract

Agreement between
__________________________ (the author)
and Direidi Publishing (the publisher)
for the publication of
‘________________________________’ (the work)

The author, _____________________________ writing as _________________, affirms that the work, entitled ‘_____________________________’, was written entirely by the author who claims all rights to the book under the Universal Copyright Convention, Berne Convention and any relevant European Union and UK legislation.

Rights and Liability

The author retains all rights except for those which have been assigned the publisher for the duration of this agreement.

The author affirms that the work does not infringe any copyrights, does not invade right of privacy or publicity and is neither libelous nor obscene. The publisher retains liability for legal use of formatting software and for maintaining compliance with online retailers’ rules and regulations regarding formatting, distribution, and payment.

The author shall subject the work to normal copy-editing and proofreading to ensure correctness of grammar, punctuation and spelling, and accuracy of factual information and citations. The author undertakes to read, check and correct proofs of the work and to return them to the Publishers within thirty (30) days of their receipt unless otherwise agreed or prevented by illness from so doing.

The author assigns exclusive rights to the publisher to publish and promote the work in all electronic media formats including, but not limited to, electronic books (E-book), and Print-On-Demand (POD). The author retains liability for content issues, such as libel or obscenity. The publisher retains liability for legal use of formatting software and for maintaining compliance with online retailers’ rules and regulations regarding formatting, distribution, and payment.

The author affirms copyrights or licenses for any artwork provided by the author to be used for publishing the work. The author assigns the publisher the rights to use said artwork for the publishing of the work.

The author does not grant any secondary rights to the publisher. Secondary right are the dramatic adaptation of all or part of the book for stage, screen, television, radio and the internet; public readings of all or part of the book, including the internet; the manufacture, sale and distribution of products, by-products, services, facilities, merchandise, and other commodities of every nature or description, whether now in existence or hereafter devised, which may refer to and embody the work, or any derivative works based on the book; translation of all or part of the work into any foreign language.

The publisher may not assign or sell these rights to any third party without the express permission of the author except as stipulated in the Terms of Service of those third parties selected by the publisher to be involved with the electronic formatting and distribution of the work.

The publisher shall make no changes in, additions to, or eliminations from the manuscript without the consent of the Author, and in order to obtain such consent, the publisher shall submit the modified manuscript to the Author for his approval. The author agrees to return such proof to the publisher with his corrections within thirty (30) days of the receipt thereof by him.

Payment & Taxes

The author will provide the publisher all legal information required for tax filing and payment of royalties. The publisher will keep the information private as required by law.

The publisher will credit the author’s account at ninety (90) day intervals _____________ (__) percent of net revenues from all sales made within the period. Net revenues refers to money actually received by the publisher from the sale of copies of the work, after deduction of shipping, customs, insurance, fees and commissions and currency exchange discounts, and costs of collection.

Responsibilities

The author will provide the publisher with a full text copy of the manuscript. The author shall secure United States and other appropriate copyright for the work.

The author will provide the publisher with any other text deemed necessary by the publisher to meet the requirements of the distribution companies, for example: a title page, book descriptions, author's biography or dedication.

The author will provide suitable artwork for the cover and any agreed illustrations and meet the full costs of providing these.

All text and artwork will be reviewed by both the publisher and the author and will not be released until this meets both their approvals if possible. In the event of a disagreement, the author will have the final say.

The publisher will provide detailed information about the sales made and in which format at ninty (90) day intervals. The publisher will also provide an annual summary statement of sales and income from the work.

Once the text and artwork have been submitted to the distributors or print-on-demand fulfillment house, and accepted by the distributor or fulfillment house, no alterations may be made to these without the express agreement of both the author and the publisher.

If needed the publisher will acquire an ISBN, the cost of which will be met by the author.

The publisher will use best endeavors to maximize the sales of the book using the facilities of the distribution sites and any other suitable third parties. No rights will be assigned to the distribution sites or to third parties. Marketing strategy will be agreed between the publisher and the author if possible. In the event of a disagreement, the publisher will have the final say.

The publisher will use best endeavors to protect the anonymity of the author to the extent allowed by law and will not, either by direct action or through inaction, allow third parties access to information about the author other than what is already in the public domain. Pen-names and other aliases shall be used in all correspondence with the public at large.

This agreement may not be modified or altered except by the express agreement of both the author and the publisher to the extent allowed by law.

Termination

This agreement will be rendered null and void under the following circumstances.

  • Either the publisher or the author fails to meet the conditions set out in the agreement.
  • After five years from the date the contract is agreed.
  • by either party with sixty (60) days notice.

If either party dies during the period of the contract, all rights and obligations in the agreement will be transferred to the deceased's estate.

If the agreement is terminated other than for a failure to meet the conditions set out in the agreement, all E-books will be withdrawn from online retailers, final payments distributed, online retailer accounts terminated and all rights will revert to their original owner(s). The author may reissue the work as an E-book with another publisher provided it is reconstituted by the new publisher and not a copy of the previous work.

Renewal

After five years, the contract may be renewed by mutual agreement.

__________________________________
Author
__________________________________
Date

__________________________________
Direidi Publishing
__________________________________
Date