The Author Publisher Agreement serves as the foundational document for professional publishing relationships in the United States. This contract type is essential when an author wishes to have their work published through a traditional publishing house. It outlines crucial elements such as copyright ownership, publication rights, royalty structures, and delivery requirements. The agreement must comply with U.S. copyright law and state-specific contract laws, while protecting both parties' interests. It's particularly important for establishing clear expectations regarding manuscript delivery, publication timelines, and financial arrangements.
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1. Parties: Identifies the author and publisher, including full legal names and addresses
2. Background: Establishes context of the agreement and basic premises
3. Definitions: Defines key terms used throughout the agreement
4. Grant of Rights: Specifies rights being transferred from author to publisher
5. Manuscript Delivery: Details about manuscript submission, format, and deadlines
6. Publication Obligations: Publisher's commitments regarding publication timeline and quality
7. Royalties: Payment terms, rates, and calculation methods
8. Accounting: Requirements for financial reporting and payment schedules
9. Copyright: Copyright registration and notice requirements
10. Warranties and Indemnities: Author's guarantees and liability provisions
11. Term and Termination: Duration of agreement and conditions for ending it
1. Option Clause: Right of first refusal for author's next work - typically used for fiction or series authors
2. Subsidiary Rights: Terms for additional rights like film, merchandise - used when potential for adaptation exists
3. International Rights: Terms for foreign territory publications - used when international distribution is contemplated
4. Marketing Obligations: Specific marketing commitments - typically included for major book deals or celebrity authors
5. Author's Platform: Author's social media and promotion obligations - used for non-fiction or platform-dependent works
1. Schedule A - Work Description: Detailed description of the work including length, format, and content
2. Schedule B - Royalty Rates: Detailed breakdown of royalty rates for different formats and territories
3. Schedule C - Delivery Schedule: Specific dates for manuscript delivery and revision rounds
4. Appendix 1 - Style Guide: Publisher's formatting and style requirements
5. Appendix 2 - Marketing Plan: Detailed marketing strategy and commitments (if applicable)
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