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Exclusive Publishing Agreement Template for India

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Key Requirements PROMPT example:

Exclusive Publishing Agreement

"I need an Exclusive Publishing Agreement for my upcoming historical fiction novel, granting worldwide English language rights to ABC Publishing House, with specific provisions for hardback, paperback, and audiobook formats, planned for release in March 2025."

Document background
The Exclusive Publishing Agreement is a critical legal instrument used when an author wishes to grant exclusive rights to a publisher to publish and commercialize their work in India and potentially other territories. This agreement, governed by Indian law, particularly the Copyright Act of 1957, establishes the comprehensive framework for the publishing relationship, including detailed provisions for rights transfer, royalties, publication requirements, and both parties' obligations. The document is essential for protecting both the author's creative interests and the publisher's commercial investment, providing clear terms for manuscript delivery, publication standards, marketing commitments, and revenue sharing. It includes specific provisions required under Indian law regarding copyright assignment and moral rights, making it distinct from publishing agreements in other jurisdictions.
Suggested Sections

1. Parties: Identification of the Author and the Publisher with their complete legal names and addresses

2. Background: Context of the agreement, brief description of the Work, and the parties' intentions

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

4. Grant of Rights: Explicit transfer of exclusive publishing rights from Author to Publisher, including specific rights granted and territory covered

5. Term and Termination: Duration of the agreement, renewal terms, and circumstances for termination

6. Author's Obligations: Author's responsibilities including manuscript delivery, warranties, revisions, and cooperation requirements

7. Publisher's Obligations: Publisher's commitments regarding publication, marketing, distribution, and accounting

8. Manuscript Submission: Requirements for manuscript format, delivery timeline, and acceptance criteria

9. Publication: Timeline for publication, format specifications, and quality standards

10. Royalties and Payments: Royalty rates, payment schedule, accounting procedures, and audit rights

11. Copyright and Credit: Copyright ownership, required notices, and author credit requirements

12. Representations and Warranties: Mutual assurances regarding rights, authority, and non-infringement

13. Governing Law: Specification of Indian law as governing law and jurisdiction details

14. General Provisions: Standard clauses including notices, assignment, waiver, and entire agreement

Optional Sections

1. Subsidiary Rights: Details of additional rights like translation, serialization, or adaptation rights - used when these rights are specifically negotiated

2. Electronic and Digital Rights: Specific provisions for e-book and digital publication - essential for digital publishing

3. Author's Marketing Support: Author's role in marketing and promotion - included when specific promotional commitments are required

4. Advance Payment: Terms of advance payment to the author - used when an advance is being offered

5. Moral Rights: Specific handling of author's moral rights - important for works where integrity and attribution are crucial

6. International Distribution: Specific terms for international markets - included when international distribution is planned

7. Competition and Non-Compete: Restrictions on author's competing works - used when exclusivity extends beyond the specific work

Suggested Schedules

1. Schedule A - The Work: Detailed description of the work including title, length, format, and any special features

2. Schedule B - Delivery Schedule: Specific dates for manuscript delivery, revisions, and final submission

3. Schedule C - Royalty Rates: Detailed breakdown of royalty rates for different formats and territories

4. Schedule D - Marketing Plan: Overview of planned marketing and promotional activities

5. Schedule E - Style Guide: Technical specifications for manuscript formatting and submission

6. Appendix 1 - Author's Previous Works: List of author's previous publications that may affect this agreement

7. Appendix 2 - Competing Works: Identification of any competing works or limitations on future works

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 & Entertainment

Education

Literature

Digital Media

Academic Publishing

Content Creation

Arts & Culture

Relevant Teams

Legal

Editorial

Rights Management

Content Acquisition

Business Development

Publications

Contracts Administration

Digital Publishing

Author Relations

Relevant Roles

Publishing Director

Literary Agent

Rights Manager

Content Acquisition Manager

Legal Counsel

Contract Manager

Author

Editor-in-Chief

Publishing Manager

Literary Editor

Copyright Officer

Business Development Manager

Digital Rights Manager

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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