This Publishing Agreement (“Agreement”) is entered into on this ____ day of ________, 20___ by and between ___________________ (“Publisher”) and the individual author, writer, designer, illustrator or photographer named below (“Author”) for the purpose of completing a publication described and entitled ____________________________ (“Work”).
In consideration of the mutual promises set forth in this Agreement, Publisher and Author hereby agree as follows:
- Project. Publisher is entrusting Author with the project of completing the Work by the tentative deadline of ______ days after signing of this Agreement and Publisher can request Author to make a reasonable number of changes and edits during the course of production of this Work.
- Payment. Publisher agrees to pay Author a fee in the sum of $_________ as full compensation for completion of the Work and it is agreed and understood that Author is not entitled to any royalty or commission on the sales of the Work or any publication derived from the Work.
- Confidential Information. Author acknowledges and agrees that all information related to the Work, including without limitation, its content, writings, work product, audio tapes, notes and diagrams, is of value to Publisher (“Confidential Information”). Accordingly, Author agrees not to divulge to anyone, either during or after the term of this Agreement, any Confidential Information obtained or developed by Author while working on the Work. Upon the expiration or termination of this Agreement, Author agrees to make no further use or utilization of any Confidential Information. Author may only disclose Confidential Information to third parties upon the express written consent of Publisher. The provisions of this section on “Confidential Information” shall survive the termination of this Agreement.
- Author’s Warranties. Author warrants and represents that:
a. Author is the legal owner of or has all right in and to the Work, which is free of any copyrighted material or other artistic work not owned by Author.
b. The Work is original to the Author.
c. The Work has not been previously submitted for publication (unless the prior submission has been rejected unconditionally). Furthermore, the Work has not been published elsewhere, accepted for publication elsewhere, and is not pending acceptance or being considered for publication elsewhere.
d. The Work does not violate or infringe on any copyright or other personal property rights or any third parties.
- Copyright Transfer. [In exchange for Publisher accepting the Work and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Author irrevocably grants the right and permission to the unlimited use and publication of the Work by Publisher, its successors, assigns and licensees for any purpose in any and all media known or hereafter developed and in all territories worldwide without limitation as to duration or frequency of use. Author further relinquishes all rights to the Work and transfers to Publisher full ownership throughout the world of all rights, titles, and interests in and to the Work effective upon the date Publisher makes payment of the fee as full compensation for completion of the Work. Publisher shall have the right to alter, edit, modify, adapt, and reproduce the Work for any use. Author understands and agrees that all right, title, and interest in and to any material incorporating the Work will be vested in Publisher and any of its successors, assigns, and licensees.]
- Copyright Registration. [Publisher shall have the right to register copyright to the Work in its name as claimant, whether separately or as part of other medium or materials in which the Work is included. In the event that Publisher is required to obtain Author’s consent to register any copyrights related to the Work, Author shall provide such consent and transfer and assign any of his or her interest as stated herein. The provisions of this section shall survive the termination of this Agreement.]
- Author’s Indemnification. Author releases Publisher, its employees, agents, assigns and licensees from all liability for any claim by Author or any third party in connection with the Work. [Author agrees to indemnify and hold harmless Publisher, his employees, agents, assigns, and licensees from and against any and all liabilities, damages, suits and expenses (including reasonable attorney’s fees and disbursements) arising out of or in connection with the breach or alleged breach of any warranty or representation made in this Agreement.]
The undersigned agree to the terms of this Agreement.