(the “Agreement”) made this ___ day of ________, ____
between______, an imprint of Yolk Books Limited of 8A West Street, Chipping Norton OX7 5AA United Kingdom (the “Publisher”) for themselves, their successors and assigns of the one part and
_______________ (the “Author”, which expression shall, where specifically stated, include Author’s executors, administration and assigns), whereby it is mutually agreed as follows respecting the work
(the “Said Work")
Clause 1 – Grant of Rights
- The Author grants to the Publisher exclusive
World English Language volume literary rights, including reproduction on the internet, in the Said Work.
- The License for the Said Work shall continue
during the legal term of copyright beginning with Publisher’s date of publication, subject to the following:
- Following a period of 5 (five) years
beginning with the publication date, should Author request or demand for any reason whatsoever, the termination of this Agreement for the publication and sales of the Said Work, Publisher must
be notified in writing by Author (or Author’s Executor or assigns, in event of his death) that all rights of license to publish and any subsidiary rights will henceforth revert to Author or his
Estate within 3 (three) months of receipt of written notification of the change or termination and after all payments due from either party to the other have been satisfactorily
- Following a period of 5 (five) years,
beginning with the date of publication by the Publisher of Said Work, either party will give reasonable consideration to a request from the other to renegotiate such terms as are no longer consistent
with then current publishing practices.
- If no notice is given by either party to the
other, the Publishing Agreement will be renewed for a further 5 year period on identical terms.
- Publisher will be granted Right of First
Refusal for any new title produced by Author under the terms of this Agreement.
- Any rights not specifically granted to
Publisher are reserved by the Author.
- Foreign Language Rights
Author retains the Foreign Language Rights for Said Work and shall be free to license any other person to translate, print, sell and distribute Said Work in any language other
than English throughout the world. In such case, Publisher shall receive a share of the proceeds from any such arrangement according the conditions set out in Clause 4(3) below.
- The granting of Sub-Licenses of Said Work in
English to third parties by Author or Publisher shall be subject to approval by the other party. Any costs arising from the granting of said Sub-License shall be borne by the arranging party.
Receipts shall be divided according to the conditions set out in Clause 4(3) below.
- The granting of any other Sub-License, not
listed under Clause 4(3) below, must be subject to prior negotiation and agreement between Publisher and Author.
2 – Copyright and Libel
- Author hereby warrants to Publisher that
Said Work is in no way whatsoever in violation or an infringement upon any copyright belonging to any other party and further warrants that Said Work contains nothing libellous. Author further agrees that Author and his
legal personal representatives will hold Publisher harmless from and indemnify Publisher against all actions, claims and demands which may be taken or made against the Publisher with respect to any
infringement of copyright or condition of libel.
- Author hereby asserts his moral rights to
be identified as Author of Said Work and Publisher undertakes to print with due prominence on every edition of the work published by themselves the words:
right of __________ to be identified as author of this work has been asserted by him in accordance with the Copyright, Designs and Patents Act 1988”
to include the following copyright line:
__________ ____, all rights reserved.
3 – Services and Fees
- Publisher agrees to publish Said Work
within 12 (twelve) months of delivery of the manuscript and signature of this Agreement, unless prevented by extraordinary circumstances over which they have no control or by mutual agreement.
Publisher agreed to advertise Said Work on its website(s) and make Said Work available for sale and distribution following receipt of all required materials relating to the work.
- Publisher shall have full discretion with
regards to price, production, and formats of Said Work but will consult Author with regard to any proposed changes.
- Author agrees to actively cooperate upon
request in support of Publisher’s promotional activities such as events aimed at publicising Said Work including interviews and book-signings.
- From time to time, Publisher may post and
publish pertinent information regarding an Author or Said Work, which may include a biographical sketch of the Author and a description of the Said Work.
- Author will received, upon publication, 1
(one) copy of Said Work direct to his home address and shall be entitled to purchase others for personal use only at discounted author rates established by Publisher. Rates may vary from time to time
at the sole discretion of Publisher. Copies so purchased do not give rise to any royalty. In addition, this purchase arrangement may be made available by prior arrangement and consent of Publisher,
for purposes of marketing, book tours/book signings, etc which are relevant to the promotion of the Said Work and Publisher.
Clause 4 – Royalties and Other Receipts
- UK Royalty
Publisher will pay Author royalties at a standard rate of 10% based upon net receipts of sales of printed copies and electronic copies of the Said Work made within the United
Kingdom (UK). The retail price will be set by Publisher.
initial royalty advance will be made by separate negotiation in line with anticipated sales of the Said Work.
- US Royalty
Publisher will pay Author a US royalty of 5% of net sales for all copies sold in the US through Publisher’s sales channels, after deduction of costs and expenses. Where US
sales exceed 1,000 copies per annum during the period of 1 July to 30 June, Author shall receive an annual bonus of 3% on the excess during the relevant year, to be calculated and added to statements
rendered as at 30th June of each year.
- Sub-Licensing Receipts
- Net receipts from the granting of sub
licences of Said Work in English will be divided as follows:
Other UK paperback publisher:
Other UK hardcover publisher:
Adaptations for stage and radio plays:
Foreign Language License:
- All amounts received from the
granting of Sub-Licenses of Said Work by Publisher and payable to Author will be paid to Author in Pounds Sterling within 90 (ninety) days of receipt of such amounts by Publisher, with the exception
of amounts less than £25 (twenty-five Pounds Sterling) including, which will be added on to the next royalty period.
- All amounts received from the
granting of Sub-Licences of Said Work by Author and payable to Publisher shall be paid to Publisher in Pounds Sterling with within 90 (ninety) days of receipt of such amounts by Author, with the
exception of amounts less than £25 (twenty-five Pounds Sterling) including, which shall be offset against royalty payments due to Author in the next royalty period.
Publisher will provide statement of account indicating all royalties and other monies due to Author as of the 30th June and 31st December of each year following
publication, within 31 days of said dates, and within 90 days of said statements will pay all monies due to the Author, with exception of amounts due less than £25, which amounts will be held and
paid in the following royalty period.
Clause 5 – Duration and Termination of Agreement
- If Publisher fails to comply with or
fulfill any of the provisions in this Agreement or cure any discrepancy identified in writing by Author within one month or if Publisher is placed or enters Administration or begins a liquidation
procedure, other than an ordinary course stock inventory liquidation for purposes of refreshing inventory; such action will represent an event of termination, consequently all rights in the Said Work
will immediately revert to Author, who shall be free to license any other person to publish Said Work, notwithstanding anything to the contrary contained or implied in any part of this Agreement and
without prejudice to any claim which Publisher or Author may have for monies due and/or damages and/or claims which otherwise arise.
- This Agreement represents the complete
understanding of the parties and shall be binding upon and for the benefit of both parties and their respective executors, administrators, successors in business or assigns, however no assignment
will be binding on either party without the written consent of the other, with one exception. Publisher may assign this Agreement without the written consent of Author to a parent affiliate or
subsidiary company or to a purchaser of all or substantially all of its trade division assets.
- This Agreement shall be interpreted
according to the Laws of the United Kingdom.
witness the hands of the Parties: