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Agreement Between Author And Publisher

Agreement Between Author And Publisher Template for South Africa

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Key Requirements PROMPT example:

Agreement Between Author And Publisher

"I need an Agreement Between Author And Publisher for a non-fiction business book with worldwide English language rights, including digital formats and audiobook rights, with specific provisions for social media marketing commitments from both parties."

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Document background
The Agreement Between Author And Publisher serves as the foundational document for establishing a professional publishing relationship in South Africa. This agreement is essential when an author wishes to have their work published and distributed by a professional publishing house. It comprehensively addresses all aspects of the publishing relationship, including manuscript delivery, editorial processes, publication timelines, royalty payments, and rights management. The document ensures compliance with South African legislation, particularly the Copyright Act 98 of 1978 and the Consumer Protection Act 68 of 2008. It's designed to protect both the author's intellectual property rights and the publisher's commercial interests while establishing clear parameters for the exploitation of the work in various formats and territories. This agreement is particularly important in the current publishing landscape where both traditional and digital publishing rights must be carefully considered and regulated.
Suggested Sections

1. Parties: Identification and details of the Author and Publisher, including their legal capacity and contact information

2. Background: Context of the agreement, including brief description of the work and the parties' intention to enter into a publishing arrangement

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Work', 'Territory', 'Publishing Rights', 'Net Receipts', etc.

4. Grant of Rights: Specific rights granted by the author to the publisher, including primary publishing rights and subsidiary rights

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

6. Delivery of the Work: Requirements for manuscript delivery, format, and timeline

7. Publisher's Obligations: Publisher's commitments regarding publication, marketing, and distribution of the work

8. Royalties and Payments: Payment terms, royalty rates, accounting periods, and reporting requirements

9. Publication: Timeline for publication, format requirements, and publisher's discretion in editing and design

10. Copyright and Credit: Copyright notice requirements and author attribution specifications

11. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

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

Optional Sections

1. International Rights: Details of rights and royalties for international markets and translations - include when international distribution is contemplated

2. Electronic and Digital Rights: Specific provisions for e-book and digital format publishing - include for digital publications

3. Serial Rights: Terms for serialization in periodicals - include for works suitable for serialization

4. Author's Marketing Commitment: Author's obligations for promotion and marketing - include for commercial works requiring author participation

5. Competing Works: Restrictions on author's publication of similar works - include for academic or specialized publications

6. Option on Future Works: Publisher's right of first refusal on author's future works - include for new authors or series

7. Special Formats: Terms for audiobooks, large print, or other special editions - include when alternative formats are anticipated

8. Moral Rights: Specific provisions regarding the author's moral rights - include for jurisdictions with strong moral rights protection

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, territories, and sales channels

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

5. Schedule E - Production Specifications: Technical specifications for the work's production, including format, paper, binding

6. Appendix 1 - Style Guide: Publisher's style requirements and formatting guidelines

7. Appendix 2 - Author's Previous Works: List of author's previous publications that may affect this agreement

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions

















































Clauses



































Relevant Industries

Publishing

Media & Entertainment

Education

Academic Publishing

Digital Media

Arts & Literature

Professional Services

Technology (for digital publishing)

Relevant Teams

Legal

Editorial

Rights and Licensing

Acquisitions

Production

Royalties and Finance

Digital Publishing

Marketing and Publicity

Contract Administration

Relevant Roles

Publishing Director

Acquisitions Editor

Rights Manager

Literary Agent

Contract Manager

Legal Counsel

Editorial Director

Publishing Manager

Royalties Manager

Author

Content Director

Digital Rights Manager

Literary Editor

Production 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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