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Exclusive Publishing Agreement Template for Australia

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Key Requirements PROMPT example:

Exclusive Publishing Agreement

"I need an Exclusive Publishing Agreement for my fantasy novel trilogy, with the first book to be delivered by March 2025, including worldwide English language rights and translation rights, with specific provisions for audiobook and e-book formats."

Document background
The Exclusive Publishing Agreement is essential when an author wishes to grant comprehensive and exclusive publishing rights to a publisher in Australia. This document is typically used when both parties seek to establish a formal, exclusive relationship for the publication of a specific work or series of works. The agreement, governed by Australian law, particularly the Copyright Act 1968 (Cth) and relevant state legislation, covers crucial aspects such as manuscript delivery, publication terms, royalty arrangements, and territorial rights. It provides legal protection for both parties while ensuring clear delineation of responsibilities and expectations. The document is particularly important in cases where significant investment in the work's publication and promotion is anticipated, and where the publisher requires exclusive control over the work's commercial exploitation.
Suggested Sections

1. Parties: Identifies and provides full details of the Author and Publisher

2. Background: Contextual information about the Work and the purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement including 'Work', 'Territory', 'Publishing Rights', etc.

4. Grant of Rights: Details the exclusive rights being granted to the Publisher, including specific formats and territories

5. Author's Warranties and Undertakings: Author's guarantees regarding ownership, originality, and non-infringement of third-party rights

6. Manuscript Delivery: Requirements for manuscript submission, including format, length, and delivery deadline

7. Publisher's Obligations: Publisher's commitments regarding publication timeline, quality, and marketing efforts

8. Royalties and Payments: Detailed breakdown of royalty rates, payment schedules, and accounting procedures

9. Publication: Requirements for publication, including format, price, and quality standards

10. Copyright and Credit: Provisions for copyright notices and author credit requirements

11. Term and Termination: Duration of the agreement and circumstances for termination

12. General Provisions: Standard legal clauses including governing law, dispute resolution, and entire agreement

Optional Sections

1. International Rights: Additional provisions for international publishing rights and translations, used when international distribution is contemplated

2. Electronic and Digital Rights: Specific provisions for e-book and digital format publishing, used when digital distribution is included

3. Author's Marketing Obligations: Details author's involvement in marketing and promotion, used when specific author participation is required

4. Competitive Works: Restrictions on author's ability to publish similar works, used when exclusivity extends beyond the specific work

5. Option on Future Works: Publisher's right of first refusal on author's future works, used when securing future publications is desired

6. Moral Rights: Specific provisions regarding the author's moral rights, used when particular handling of the work's integrity is required

7. Merchandising Rights: Provisions for merchandise based on the work, used when commercial exploitation beyond publishing is contemplated

Suggested Schedules

1. Schedule 1: The Work: Detailed description of the work including title, length, subject matter, and delivery format

2. Schedule 2: Royalty Rates: Comprehensive breakdown of royalty rates for different formats and territories

3. Schedule 3: Delivery Schedule: Detailed timeline for manuscript delivery, revisions, and publication

4. Schedule 4: Marketing Plan: Overview of planned marketing and promotion activities

5. Schedule 5: Style Guide: Publisher's requirements for manuscript formatting and style

6. Appendix A: Author's Previous Works: List of author's previously published works that may be relevant to this agreement

7. Appendix B: Territory Definitions: Detailed definitions of geographical territories covered by the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions























































Clauses














































Relevant Industries

Publishing

Media and Entertainment

Digital Content

Education and Academic Publishing

Literary Arts

Professional Publishing

Children's Publishing

Technical Publishing

News and Journalism

Relevant Teams

Legal

Editorial

Rights and Licensing

Acquisitions

Contract Administration

Business Development

Finance

Operations

Literary

Copyright

Relevant Roles

Publishing Director

Literary Agent

Contract Manager

Rights Manager

Acquisitions Editor

Legal Counsel

Author

Literary Estate Manager

Publishing Operations Manager

Commissioning Editor

Contract Administrator

Copyright Manager

Business Development Manager

Publishing House CEO

Editorial Director

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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