Category Archives: CopyRight Agreements

Agreement of License to Publish on Royalty Basis

Agreement of License to Publish on Royalty Basis

Agreement is made at __________ this _________ day of _________ between Mr…………….r/o………. Hereinafter referred to as `the Author’ of the One Part and________________________ carrying on business at ______________ Hereinafter referred to as `the Publisher’ of the Other Part

WHEREAS

1. The Author has written a book on the subject of…………………. and desires to publish the same.

2. The Publisher has offered to publish the said book on the following terms and conditions, which are also agreed to by the Author.

NOW IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:

  1. The Publisher agrees to publish the said book entitled __________ within a period of__________months from the date hereof. The printing and publishing will be done by the Publisher at his own costs.
  2. The Author has delivered the manuscript of the book on the execution of this Agreement to the Publisher and the Publisher acknowledges receipt thereof.
  3. The Author grants to the Publisher the right to print and publish the said book subject to the terms and conditions herein contained.
  4. The Author hereby warrants that the said book does not infringe the copy right of any other person and he is the sole copyright owner of the said book. He also warrants that he has not given license to publish the said book to any other person. The Author agrees to indemnify the Publisher against any claim made by reason of infringement of copyright of any other person or by reason of the Author having given any right in respect of the book to any other person.
  5. The Publisher shall print and publish the book at his own entire costs and expenses and he will also advertise the publication of the work at his own cost.
  6. The Publisher shall, in consideration of the said right of publication hereby given, pay to the Author as and by way of royalty a sum equal to _________per cent of the price less the cost of printing of each copy of the book actually sold. The amount of royalty accrued on sales, shall be paid within__________weeks from the expiration of every six months commencing from the publication of the book.
  7. The Publisher shall submit to the Author every ________months, commencing from the publication of the book, a statement of the copies sold by the Publisher and his agents and shopkeepers. And such statement shall be sent along with the amount of royalty payable as aforesaid. Acceptance of any payment of royalty will not be construed as acceptance by the Author of the correctness of the statement and the Author will be entitled to verify the statement with the books of account, vouchers and other papers relating to sale and the Publisher shall offer such inspection to the Author or his agent whenever demanded by the Author. The Publisher shall with every such statement disclose the total number of copies printed by him.
  8. The Publisher shall supply ____________copies of the Book to the Author free of costs and without any royalty being payable thereon. The Publisher shall also supply free copies not exceeding ___________to such newspapers, periodicals or law Reporters as the Publisher may think fit.
  9. The Publisher shall not give benefit of this license by way of transfer or otherwise to any other person.
  10. 10. The Publisher shall print only………… copies of the book and no more and the price of the book will not be more than Rs………………… per copy.
  11. 11. The Publisher shall show the final proof of the print to the Author for his verification and the Author will be entitled to make any formal changes therein and to correct mistakes. The cover of the book will be got approved by the Author.
  12. 12. This license is granted only for the publication of the First Edition of the Book.
  13. 13. If the Author proposes to bring out a new edition of the book he will give the first option to the Publisher on such terms as may be agreed upon. In the event of any disagreement as to such fresh terms, the Author will be entitled to publish a new edition by himself or through any other publisher. But in no event the book will be reprinted or republished unless and until at least 90% of the copies of the first edition are sold out.
  14. The Author warrants that the said book is his original and does not infringe the copy right of any person. The Author agrees to indemnify and keep indemnified the Publisher against any claim made on account of infringement of any copyright. The author also warrants that he has not given the right of publication to any other person.
  15. The Publisher undertakes to mention on the cover page or any other following page of the book that the copyright in the book belongs to the Author.
  16. This agreement is executed in duplicate and one copy thereof will remain with the Author and the other with the Publisher.
  17. If the Publisher commits breach of any term of this Agreement, the Author will be entitled to cancel the same by giving fifteen days’ notice to that effect to the Publisher and on the expiration of the said notice period this agreement will come to an end. On the termination of this agreement for any reason the Author shall have the option to take back all the unsold copies and the Publisher shall hand over them to the Author on payment of the proportionate cost of printing thereof but if the Author fails or refuses to exercise the option and to pay the costs, the unsold copies will be retained by the Publisher and sold.
  18. In the event of any dispute or difference arising between the parties hereto out of or in connection with the agreement the same shall be referred to arbitration of a common arbitrator if agreed upon, otherwise to two arbitrators, one to be appointed by each party to the arbitration and the Arbitration will be governed by the Arbitration Act for the time being in force.

IN WITNESS WHEREOF the parties have put their hands the day and year first hereinabove written.

Signed and delivered by……………….

Within named Author………….

In the presence of…………………….

Signed and delivered by ……………….

Within named Publisher

In the presence of………………….

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Deed for Assignment of Copyright

Deed for Assignment of Copyright

THIS DEED OF ASSIGNMENT is made at ________ this _________ day of __________ between Mr. A residing at __________ hereinafter referred to as the Author of the One Part and Mr. B carrying on business at ________ hereinafter referred to as the Publisher of the Other Part.

WHEREAS:

(1) The Author has written a book entitled ___________ (hereinafter called “the said book”) and desires to publish the same.

(2) The author is the absolute owner of the copyright in the book. The copyright is registered with the Registrar of Copyrights in ____________.

(3) The publisher”s representative has scrutinized in detail and to his satisfaction the manuscript of the book and has offered to purchase the copyright in the said book for the purpose of publication.

(4) The Author has agreed to do so in consideration of the Publisher paying him a sum of Rs_________ as lump sum royalty and on the following terms and conditions agreed to between the parties.

NOW THIS DEED WITHNESSETH that pursuant to the said agreement and in consideration of the Publisher paying to the Author a sum of Rs_________ on the execution of the Agreement (receipt whereof the author admits) he the Author hereby assigns to the Publisher the Copyright in the said book TO HOLD the same unto the Publisher absolutely throughout India and subject to reservations hereinafter contained:

1. And the Publisher agrees and undertakes that the said assignment is restricted to publish the said book in India only and the Publisher shall not without the prior consent in writing of the author, publish any translation thereof in any other language and shall not allow it to be exploited for converting into a play or any cinematographic film or any Television serial.

2. The Publisher undertakes to mention in the first edition, all reprints and subsequent editions the name of the author as author of the book.

3. The Author hereby warrants to the Publisher that:

  • The Author is the exclusive owner of the copy right in the said book and he has not assigned the Copyright in or given license to use the copy right to anybody else or encumbered the same or done anything so as to prevent him from assigning the said right.
  • That the said book does not contain any defamatory obscene or otherwise objectionable matter; and
  • That the contents of the current edition of the said book are the original work of the author and do not constitute breach of copyright vesting in any other person/s. Where limited extracts have been taken from other published or unpublished works in which copyright vests in other person/s proper acknowledgement has been made in the book.
  • That if the publisher requires any other person/s to assist the author in preparing subsequent editions of the book the names of those persons will also be mentioned as joint author/s of the book. And the author will do and execute such other acts or deeds, if required, to confer entire copyright in the said book and as hereby assigned as may be necessary.
  • That he will not publish either himself or through any other publisher an abridgment of the said book or any other book on the same subject and which would be competing with the book or get it published by any other person so long as the said book which is the subject matter of the present is being published by the Publisher and sold in the market.
  • That the publisher shall have the right to get the second and subsequent editions of the book prepared by either the author or any other person of the publisher”s choice. If the publisher requires the author to prepare the second or any subsequent edition, the author undertakes that he will re-edit the said book at the time of publishing second edition thereof and to make it uptodate when required by the Publisher. In case of authors failure to do so, the Publisher will be entitled to get the book re-edited, enlarged or abridged through some other author of the publisher”s choice. For the said re-editing, the publisher will pay to the author the sum of Rs. __________/-. the author shall complete the re-editing within _________ months of being asked to do so by the publisher.

4. And the Author hereby agrees to:

  • Indemnify and keep indemnified the Publisher against all claims, proceedings, costs and damages incurred or suffered or awarded or paid in respect of or arising out of any breach or non performance of any of the warranties on the part of the Author hereinbefore given or out of any claim by a third party based on facts, which if substantiated would constitute a breach or non-performance of such warranties.
  • The publisher shall have full right to assign the said copyright to publish the book in any part of India, to any person.

5. Permit the Author to take ___________ copies of the book on publication free of cost.

6. In the event of any dispute or difference between the parties hereto arising out of or in connection with this deed of whatsoever nature the same shall be referred to arbitration of a common arbitrator if agreed upon, failing which to two Arbitrators one to be appointed by each party to the Arbitration. The said Arbitrators shall appoint a presiding Arbitrator and the Arbitration shall be governed by the Arbitration Act and Conciliation Act, 1996, or any statutory modification thereof.

IN WITNESS WHEREOF the Assignor has put his hand the day and year hereinabove written.

Signed and delivered by the)

Within named Assignor Mr. A)

In the presence of……..)

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Agreement to Write a Book and to sell Copyright

Agreement is made at ___________this ___________ day of ________between Mr_____________residing at _______________Hereinafter referred to as ‘The Author’, of the FIRST PART and Mr. B residing at _______________Hereinafter referred to as “the Publisher” of the OTHER PART.

WHEREAS

1. The Author is a writer and a professor in the subject of Literature and has written a novel in __________language which is in a manuscript form.

2. The Publisher is carrying on business of publishing books on various subjects and has seen the said manuscript and approved it but has requested the Author to make a few changes therein and which the Author has agreed to do.

3. On such changes being made the Publisher has agreed to complete the book as aforesaid and assign the copy right therein to the Publisher in consideration of a lump sum amount of Rs. _______________agreed to be paid by the Publisher to the Author.

NOW IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:

1. The Author agrees to complete the manuscript of the said book (novel) within a period of three months from now and the material of which will not exceed about_____________ printed pages.

2. The Author shall deliver the typed or handwritten manuscript of the book to the publisher within the said period of three months from the date hereof.

3. The Publisher shall, within the next ___________months print and publish the said book at his entire cost, unless prevented from doing so by circumstances beyond his control in which case the time will be extended by mutual consent of the parties.

4. The Publisher shall furnish proofs of the printed material to the Author for his reading and for corrections and during such proof reading the Author will be entitled to make any additions or alterations in the original text of the book as he may think proper but without materially altering the story and the form.

5. The Publisher shall pay to the Author a sum of Rs__________in consideration of the assignment of the copy right as hereinafter mentioned and out of which the Publisher has paid to the Author a token sum of Rs._______as earnest on the execution of this agreement and the balance of Rs____________will be paid on the delivery of the manuscript of the book to the Publisher.

6. The Author agrees to assign to the Publisher the full copy right of the Author in the said book and shall execute a Deed of Assignment of copyright on the delivery of the manuscript of the book against payment of the said balance of Rs__________

7. The Author shall assign the copyright subject to the following reservations

  • The author will be entitled to publish translation of the said book in any other language.
  • He will be entitled to convert the novel into a play.
  • He will be entitled to make a cinema film out of the story of the novel.
  • (d) He will be entitled to suitably convert it and exhibit as a serial in a Television show.

8. The Publisher hereby covenants and undertakes that he will not publish the book under any title other than the title given by the Author and will not in any way alter the literary matter contained in the book or make any additions to or alterations in the text of the book.

9. The Publisher further covenants that he will not assign the copy right in the said book to anybody else or grant any license in respect thereof without notice of this agreement to the Assignee or Licensee and such assignment or license will be subject to the terms and conditions herein mentioned.

10. The Author warrants that the said book does not contain any defamatory material and does not infringe the copy right of any other person.

11. The Author agrees to indemnify and keep indemnified the Publisher against claim for damages or otherwise made by any other person on account of (a) the book containing any defamatory material or (b) the book causing infringement of the copy right of any other person.

12. If the Author fails to write and complete the book within the period mentioned above, the Publisher will have the option to cancel this agreement by giving fifteen days, prior notice in writing to the Author and in that event the Author shall return the token earnest paid to him by the Publisher.

13. If the Publisher fails to pay the said balance of Rs________ against offer or delivery of the manuscript of the book by the Author to the Publisher, this agreement will be treated as cancelled but if the Author fails to deliver the manuscript against the Publisher offering to pay the said amount, this agreement will be deemed to be an assignment of the copy right in the said manuscript, subject to the reservations aforementioned and in that case the Author will not be entitled to publish the book himself or through any other publisher or to assign the said copy right therein to any other person.

14. This Deed is executed in duplicate and the original copy will remain with the Publisher and the duplicate with the Author.

IN WITNESS WHEREOF the Author and the Publisher have put their respective hands the day and year first hereinabove written.

Signed and delivered by the

Within named Author Mr………………….

In the presence of ___________

Signed and delivered by the

Within named Publisher Mr………………

In the presence of _________________

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