I know that legal documents can be hard to read, and this one is no exception. The intent of the contact is to protect your rights to your work, protect my rights to the combined work, to ensure that we both get paid an equitable amount for our efforts, when the book is published. There is language in the contract that makes sure you maintain your ownership of your work, but still allows me to publish and protect it by copyright, even if I cannot do so in a timely manner.
When your work has been accepted for publication, you will be sent a customized copy of the contract and asked to sign and return it.
I look forward to working with you!
Tim
This contract is made between Tim Hewitt, whose address is 5 Orchard Hill Terrace, Old Orchard Beach, ME, 04064, hereinafter referred to as the Anthologist, and ___________________, whose address is ______________________________________________, hereinafter referred to as the Author.
In consideration of mutual promises and forebearances, the parties agree as follows:
1. The Author grants permission to include his/her story entitled "___________________________________________," an original work of approximately _________ words, hereinafter referred to as the Work, in current or future volumes of an anthology tentatively titled "Appalachian Trail Stories," to be published in mass market paper edition(s), and/or mass market electronic editions, by a publisher to be determined by the Anthologist.
2(a). This use of the Work by the Anthologist entails the assignment of First English Anthology Rights, for publication in the English language anywhere in the world, and in cloth bound, paperback, book club, reprint, electronic, oversized type, tape, talking and Braille editions of the anthology. It is also understood and agreed that the Anthologist may use this Work only in the above-mentioned anthology and reprintings of it, and that the Author shall retain all other rights to the Work not specified here.
2(b). This use of the Work by the Anthologist entails the assignment of First World Anthology Rights, both in the English language and in translation anywhere in the world, and in cloth bound, paperback, book club, reprint, electronic, oversized type, tape, talking and Braille editions of the anthology. It is also understood and agreed that the Anthologist may use this Work only in the above-mentioned anthology and reprintings of it, and that the Author shall retain all other rights to the Work not specified here.
2(c). For this use of a previously published Work for which the Author holds rights, the Author assigns to the Anthologist non-exclusive World Anthology Rights. The Author agrees to provide proper copyright information about the Work, and to provide information about the source of first publication for proper credits, along with copies of any and all contracts binding the Work and the Author.
3(a). For the rights granted to the Anthologist above, the Author will receive no royalty payments in advance.
The Author will receive a 50/50 pro rata share of the anthology's earnings, to include all income from trade, book club, reprint, translation, electronic distribution, domestic and foreign sales of the anthology, or any subsidiary rights sales income received by the Anthologist for this anthology within the royalty period.
From all earnings received by the Anthologist, less agent's fees for representation of the anthology as a whole, fifty percent (50%) will be distributed to the Authors on a pro rata basis in terms of the published word count of the Work. The distribution of royalties to the Authors will take place no more than twice per year on or around the 30th day of June and the 30th day of December, assuming that royalties have been paid out by the publisher in that time frame. All other expenses must be met by the Anthologist from his/her royalty share.
3(b). In the event of sale of the anthology to a mass market publisher for reprint publication, the Author will receive a 50/50 pro rate share of the anthology's earnings, to include all income from trade, book club, reprint, translation, and foreign sales of the anthology, or any subsidiary rights sales income received by the Anthologist for this anthology within the royalty period.
3(c). The royalty period will continue for a length of ten (10) years from the date of the original publication of the Anthology. After this term, any subsequent royalties will be paid to the Anthologist alone.
3(d). The Author agrees to inform the Anthologist of his/her current address. If this address should change, and the Author does not notify the Anthologist before the next payment is due, the Anthologist is not obligated to locate the Author for purposes of payment of royalties. If the Author does not notify the Anthologist of any change of address within one year of said change, the Author forfeits future royalties to the Anthologist at the Anthologist discretion. The Anthologist will make reasonable effort to locate the Author before enforcing this forfeiture of royalties.
3(e). The Author waives all royalties and financial payment for the work submitted, if the following line is signed and dated by the Author or the Author's agent.
| _____________________________________ | __________ |
| Author or Author's agent | Date |
4. The Author may have access in person or by his/her agents or by power of attorney to all financial records of the above-named anthology upon presentation of a copy of this agreement to the appropriate location of said records, as determined by the Anthologist. Distribution of records may be done electronically or in paper copies as agreed to by both parties at the time of the records request. The Author will allow the Anthologist 60 days to respond to a properly made request.
5. The Author represents and warrants that he/she is the sole author(s) or holds sole rights to the Work, that the Work is original, and that no one has reserved the rights granted in this agreement. The Author also represents, to the best of his/her knowledge, that the Work does not contain any libelous material, and is not in violation of any rights of privacy or any other rights of third persons, and does not violate any existing common law or statutory copyrights, and has not been published before in any form that restricts it's publication in this anthology.
The Author agrees to hold the Anthologist and/or his agent(s) harmless against any judgement finally sustained that the Work contains libel, plagiarism and/or invasion of privacy.
6(a). The Author agrees not to publish or permit others to publish this Work in any form prior to its publication and appearance in the above-named anthology, or until six months after the appearance of the anthology, without express written permission from the Anthologist.
6(b). The Anthologist permits the Work to be published coincidentally with the Anthology by the Author in the following publications: ______________________________________________.
7. The Anthologist agrees to provide the Author with one complimentary copy of the original edition of the anthology upon publication, and to the best of his ability, to provide copies of other editions that may be published in North America, and to inform Author or any other editions which are planned or may appear.
The Author agrees to inform the Anthologist of his/her current address. If this address should change, and the Author does not notify the Anthologist, the Anthologist is not obligated to locate the Author for purposes of providing the Author with a copy of the anthology.
8. The Anthologist agrees to make reasonable efforts to notify the Author in advance of publication, of any editorial changes in title and/or text of the Work, and to secure the Author's approval for any such changes whenever possible. Author agrees that such approval will not be unreasonably withheld.
The Anthologist will furnish the Author with galley proof, page proof, or electronic proof of the Work. Author agrees to return such proof with corrections in not more than thirty (30) days from receipt thereof. Failure to return the proof within this limit will result in the proof being accepted by Author for publication as is.
9. In the event that the above-mentioned anthology has not been published within 36 months of the signing of this agreement, rights revert to the Author, and the Author has the right to sell or arrange for publication of the above named Work in any manner, with the reservation that the Anthologist will have the non-exclusive, one-time right to include the above-named Work in an anthology of stories about the Appalachian Trail at any time in the future without prejudice to all other rights of the Author in this agreement.
10. The Anthologist agrees to list a proper copyright notice for the Work in the name of the Author in the front matter of the anthology, and to take regular and necessary steps to protect the Author's copyright in the United States, and in the International Copyright Union.
11. This agreement shall be deemed executed under the laws of the state of Maine. Maine law shall be the applicable law of this agreement.
The parties acknowledge that each had read and understood this contract before execution.
In witness whereof the Author has executed this contract on this _____day of _______, 20___.
| _____________________________________ | __________ |
| Author or Author's agent | Date |
___________________________
Author or Author's Agent Social Security or Tax ID Number
______________________________________
Author or Author's agent Witness
In witness whereof the Anthologist has executed this contract on this _____day of _______, 20___.
| ___________________________ | __________ |
| Tim Hewitt, Anthologist | Date |
______________________________________
Anthologist's Witness
Please sign and return all copies to the Anthologist at the address above. One copy signed by all parties will be returned to the Author for your files.
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