This is a format of Royalty Agreement. This is specifically drafted as an agreement to be entered into by and between an Author and a Book Publisher. A free .pdf version can be downloaded also from here.
FORMAT OF ROYALTY AGREEMENT
_______________________________________
AGREEMENT
1. Date:
2. Place:
3. Parties:
3.1 ________ (Name), son / wife of ___________________, by Nationality–_______, residing at ____________________________ (with Police Station).
(Author, includes successors-in-interest and assigns)
3.2 M/S.__________________________, a _______________ Concern, having its office at _______________________________ (with Police Station), being represented by its _________________, ______________________.
(Publisher, includes successors-in-interest and/or assigns)
Author and Publisher collectively Parties and individually Party.
NOW THIS AGREEMENT WITNESSES, RECORDS, GOVERNS AND BINDS THE CONTRACTUAL RELATIONSHIP BETWEEN THE PARTIES AS FOLLOWS:
4. Subject Matter of the Agreement:
4.1 Subject Property: A book in the form of a manuscripts or _______, under the name and style of _______________, written/authored by the Author and a copy whereof is set forth on Schedule A annexed hereto and made part hereof (Said Book).
5. Basic Understanding:
5.1 Author’s Proposal: Author is willing to grant and/or assign the right of the publication, sales and distribution of the Said Book to Publisher. Author doth hereby represent and warrant as stated hereinafter.
5.2 Acceptance by Publisher: Publisher doth accept the proposal of Author relying on his/her representation and warranties.
5.3 Discussions and Negotiations: Discussions and negotiations have taken place between Author and Publisher in respect of the subject matter hereof and essential terms and conditions in this regard have been finalized and agreed, which the Parties are recording hereunder.
5.4 Agreement: Pursuant to such discussions and negotiations, Author has agreed to grant and/or assign the right of the publication, sales and distribution of the Said Book to Publisher for the consideration stated hereinafter. Conclusive and comprehensive terms and conditions superseding all previous documents and understandings, if any, are now being recorded by this Agreement.
6. Representations and Warranties of the Author:
6.1 Sole Authorship: Author is the sole writer/author of the Said Book.
6.2 Original Work of Author: Said Book is the own original work and creation of Author and is not a copy of any other copyrighted work.
6.3 Author Absolute Owner: Author has not sold, assigned, leased licensed or in any manner disposed of or encumbered the rights herein granted to Publisher
6.4 Author has Good Right: Notwithstanding any act, deed or thing whatsoever done, the Author has good right, full power, absolute authority and indefeasible right to enter into this Agreement in the manner specified herein, according to the true intent and meaning of these presents.
7. Transfer:
7.1 Hereby Made: Author doth hereby grant, assign and transfer to and unto the Publisher, absolutely and forever, free from all encumbrances of any and every nature whatsoever, the sole and exclusive right to print and publish the said work of Author / Said Book in book form for all the editions and revised editions and to sell and distribute in the whole territories of the world on the consideration stated hereinafter.
7.2 Restrictions: Author shall not, however, publish and/or assign/transfer the right to publish the Said Book or any part thereof during the subsistence of this Agreement in any form and/or in any manner whatsoever, including but not limited to book, e-book, weblog etc. without prior written permission of Publisher.
7.3 Other Rights: Author doth hereby grant to Publisher the right to use his/her name, photograph, signature and biographical material in, on and in connection with publications and advertisements of, containing or relating to the Said Book.
7.4 Copyright: Save as aforesaid, the Copyright of the Said Book shall remain with Author only.
8. Consideration: Publisher shall pay to the Author the following Royalties and fees:
8.1 On each edition published in the territories of the world, except otherwise provided in this agreement, a royalty at the rate of __% (__ per cent) of the discounted price at which the books are sold by the publisher to booksellers, agents, distributors etc., (and not the printed price) for the number of copies actually sold.
8.2 POVIDED ALWAYS THAT royalties and fees shall only be payable upon amounts actually received by Publisher and no royalties and fees shall be payable in respect of any copes given away for review or other purposes, destroyed by fire, water, enemy action, in transit or accident.
8.3 Publisher will prepare every year a statement of accounts showing the sales of the Said Book, submit the same to Author and will make payment to Author, or his/her legal/authorised representatives.
8.4 The Royalty is firm and non-escalable.
9. Other Terms and Obligations:
9.1 Publisher shall print the Said Book within the reasonable time mutually agreed upon by the parties hereto.
9.2 Author will neither write nor revise any other rival book against the Said Book for any other publishers or publish any rival book against the Said Book either by himself/herself or otherwise.
9.3 The time when a new edition or revised edition will be published is to be solely decided by Publisher. The terms and conditions for such new edition or revised edition will be the same as those of this agreement. In such events, however, the Author shall have the option of editing and preparing the same for the press.
9.4 PROVIDED ALWAYS THAT in case of Author’s inability or death, the Publisher shall be at liberty to have it revised by any other person of the PUBLISHER’S choice and will have the right to use the name of the AUTHOR in that and all subsequent editions as previously used in the first edition.
9.5 Author shall be responsible against all claims, demands, damages or loss or costs, which the Publisher may sustain on account of any claim that the Said Book and/or work of Author infringes the copyright or intellectual property right of any person. Author shall promptly bear all expenditure in defending the case in the event of institution of any suit or action or proceeding instituted against Publisher in this behalf.
9.6 In case of infringement of the copyright Author shall be solely responsible and shall face the consequences.
10. Consequences of Breach:
10.1 Of Author: In the event of Author committing breach of performance of any of his/her obligations contained herein, Publisher shall be entitled to terminate this Agreement, in which event, Publisher will be entitled to get remedy as specified in clause 13 hereto.
10.2 Of Publisher: Notwithstanding anything contained in any of the Clauses under this Agreement and subject to the Author complying with all his/her obligation as contained in this Agreement, in the event of there being any breach by Publisher, the Author will be entitled to get remedy as specified in clause 13 hereto.
11. Miscellaneous:
11.1 Revocation of Previous Understanding: This Agreement is the only contract and understanding between the Parties. All previous discussions and writings, if any, stand revoked and replaced by this Agreement. The provisions of this Agreement shall remain binding upon the Parties unless modified in writing by bilateral instruments.
11.2 Language: All documents to be furnished or communications to be given or made under his Agreement shall be in English Language.
11.3 Custody of Agreement: The Original of this Agreement shall be with the Publisher and the Author shall retain the Duplicate copy.
12. Notice:
12.1 Mode of Service: Except as otherwise expressly provided therein, all notices shall be in writing and shall be transmitted by pre-paid Registered Post at the addresses of the Parties mentioned hereinbefore.
12.2 Change of Address: Either Party may from time to time change his/her/its address for receipt of notice or other communications provided for in this Agreement by giving to the other not less than 15 (fifteen) days prior written notice.
13. Arbitration: Disputes arising out of this Agreement shall be referred to the sole Arbitration of a single Arbitrator (Sole Arbitrator), being a reference within the meaning of the Arbitration and Conciliation Act, 1996.
14. Interpretation:
14.1 Number: Words denoting the singular number include, where the context permits and requires, the plural number and vice-versa.
14.2 Headings: The headings in this Agreement are inserted for convenience only and shall be ignored in construing the provisions of this Agreement.
14.3 Definitions: Words and phrases have been defined in this Agreement by bold print and by putting them within brackets. Where a word or phrase is defined, other parts of speech or grammatical forms of that word or phrase shall have corresponding meaning.
15. Execution and Delivery:
15.1 In Witness Whereof the Parties have executed and delivered this Agreement on the date mentioned above.
____________________ ____________________
[AUTHOR] [PUBLISHER]
Witnesses:
1. Signature: _________________________
Name:
Father’s/Husband’s Name:
Address:
3.1 ________ (Name), son / wife of ___________________, by Nationality–_______, residing at ____________________________ (with Police Station).
(Author, includes successors-in-interest and assigns)
AND
(Publisher, includes successors-in-interest and/or assigns)
Author and Publisher collectively Parties and individually Party.
NOW THIS AGREEMENT WITNESSES, RECORDS, GOVERNS AND BINDS THE CONTRACTUAL RELATIONSHIP BETWEEN THE PARTIES AS FOLLOWS:
4. Subject Matter of the Agreement:
4.1 Subject Property: A book in the form of a manuscripts or _______, under the name and style of _______________, written/authored by the Author and a copy whereof is set forth on Schedule A annexed hereto and made part hereof (Said Book).
5. Basic Understanding:
5.1 Author’s Proposal: Author is willing to grant and/or assign the right of the publication, sales and distribution of the Said Book to Publisher. Author doth hereby represent and warrant as stated hereinafter.
5.2 Acceptance by Publisher: Publisher doth accept the proposal of Author relying on his/her representation and warranties.
5.3 Discussions and Negotiations: Discussions and negotiations have taken place between Author and Publisher in respect of the subject matter hereof and essential terms and conditions in this regard have been finalized and agreed, which the Parties are recording hereunder.
5.4 Agreement: Pursuant to such discussions and negotiations, Author has agreed to grant and/or assign the right of the publication, sales and distribution of the Said Book to Publisher for the consideration stated hereinafter. Conclusive and comprehensive terms and conditions superseding all previous documents and understandings, if any, are now being recorded by this Agreement.
6. Representations and Warranties of the Author:
6.1 Sole Authorship: Author is the sole writer/author of the Said Book.
6.2 Original Work of Author: Said Book is the own original work and creation of Author and is not a copy of any other copyrighted work.
6.3 Author Absolute Owner: Author has not sold, assigned, leased licensed or in any manner disposed of or encumbered the rights herein granted to Publisher
6.4 Author has Good Right: Notwithstanding any act, deed or thing whatsoever done, the Author has good right, full power, absolute authority and indefeasible right to enter into this Agreement in the manner specified herein, according to the true intent and meaning of these presents.
7. Transfer:
7.1 Hereby Made: Author doth hereby grant, assign and transfer to and unto the Publisher, absolutely and forever, free from all encumbrances of any and every nature whatsoever, the sole and exclusive right to print and publish the said work of Author / Said Book in book form for all the editions and revised editions and to sell and distribute in the whole territories of the world on the consideration stated hereinafter.
7.2 Restrictions: Author shall not, however, publish and/or assign/transfer the right to publish the Said Book or any part thereof during the subsistence of this Agreement in any form and/or in any manner whatsoever, including but not limited to book, e-book, weblog etc. without prior written permission of Publisher.
7.3 Other Rights: Author doth hereby grant to Publisher the right to use his/her name, photograph, signature and biographical material in, on and in connection with publications and advertisements of, containing or relating to the Said Book.
7.4 Copyright: Save as aforesaid, the Copyright of the Said Book shall remain with Author only.
8. Consideration: Publisher shall pay to the Author the following Royalties and fees:
8.1 On each edition published in the territories of the world, except otherwise provided in this agreement, a royalty at the rate of __% (__ per cent) of the discounted price at which the books are sold by the publisher to booksellers, agents, distributors etc., (and not the printed price) for the number of copies actually sold.
8.2 POVIDED ALWAYS THAT royalties and fees shall only be payable upon amounts actually received by Publisher and no royalties and fees shall be payable in respect of any copes given away for review or other purposes, destroyed by fire, water, enemy action, in transit or accident.
8.3 Publisher will prepare every year a statement of accounts showing the sales of the Said Book, submit the same to Author and will make payment to Author, or his/her legal/authorised representatives.
8.4 The Royalty is firm and non-escalable.
9. Other Terms and Obligations:
9.1 Publisher shall print the Said Book within the reasonable time mutually agreed upon by the parties hereto.
9.2 Author will neither write nor revise any other rival book against the Said Book for any other publishers or publish any rival book against the Said Book either by himself/herself or otherwise.
9.3 The time when a new edition or revised edition will be published is to be solely decided by Publisher. The terms and conditions for such new edition or revised edition will be the same as those of this agreement. In such events, however, the Author shall have the option of editing and preparing the same for the press.
9.4 PROVIDED ALWAYS THAT in case of Author’s inability or death, the Publisher shall be at liberty to have it revised by any other person of the PUBLISHER’S choice and will have the right to use the name of the AUTHOR in that and all subsequent editions as previously used in the first edition.
9.5 Author shall be responsible against all claims, demands, damages or loss or costs, which the Publisher may sustain on account of any claim that the Said Book and/or work of Author infringes the copyright or intellectual property right of any person. Author shall promptly bear all expenditure in defending the case in the event of institution of any suit or action or proceeding instituted against Publisher in this behalf.
9.6 In case of infringement of the copyright Author shall be solely responsible and shall face the consequences.
10. Consequences of Breach:
10.1 Of Author: In the event of Author committing breach of performance of any of his/her obligations contained herein, Publisher shall be entitled to terminate this Agreement, in which event, Publisher will be entitled to get remedy as specified in clause 13 hereto.
10.2 Of Publisher: Notwithstanding anything contained in any of the Clauses under this Agreement and subject to the Author complying with all his/her obligation as contained in this Agreement, in the event of there being any breach by Publisher, the Author will be entitled to get remedy as specified in clause 13 hereto.
11. Miscellaneous:
11.1 Revocation of Previous Understanding: This Agreement is the only contract and understanding between the Parties. All previous discussions and writings, if any, stand revoked and replaced by this Agreement. The provisions of this Agreement shall remain binding upon the Parties unless modified in writing by bilateral instruments.
11.2 Language: All documents to be furnished or communications to be given or made under his Agreement shall be in English Language.
11.3 Custody of Agreement: The Original of this Agreement shall be with the Publisher and the Author shall retain the Duplicate copy.
12. Notice:
12.1 Mode of Service: Except as otherwise expressly provided therein, all notices shall be in writing and shall be transmitted by pre-paid Registered Post at the addresses of the Parties mentioned hereinbefore.
12.2 Change of Address: Either Party may from time to time change his/her/its address for receipt of notice or other communications provided for in this Agreement by giving to the other not less than 15 (fifteen) days prior written notice.
13. Arbitration: Disputes arising out of this Agreement shall be referred to the sole Arbitration of a single Arbitrator (Sole Arbitrator), being a reference within the meaning of the Arbitration and Conciliation Act, 1996.
14. Interpretation:
14.1 Number: Words denoting the singular number include, where the context permits and requires, the plural number and vice-versa.
14.2 Headings: The headings in this Agreement are inserted for convenience only and shall be ignored in construing the provisions of this Agreement.
14.3 Definitions: Words and phrases have been defined in this Agreement by bold print and by putting them within brackets. Where a word or phrase is defined, other parts of speech or grammatical forms of that word or phrase shall have corresponding meaning.
15. Execution and Delivery:
15.1 In Witness Whereof the Parties have executed and delivered this Agreement on the date mentioned above.
____________________ ____________________
[AUTHOR] [PUBLISHER]
Witnesses:
1. Signature: _________________________
Name:
Father’s/Husband’s Name:
Address:
2. Signature: _______________________
Name:
Father’s/Husband’s Name:
Address:
________________________________________________
THIS WRITING IS NOT A LEGAL ADVICE. YOU SHOULD CONSULT WITH A LEGAL ADVISOR IF YOU HAVE PROBLEM RELATING TO THE ISSUE DISCUSSED HEREIN.
_________________________________________________________________________________
Name:
Father’s/Husband’s Name:
Address:
________________________________________________
THIS WRITING IS NOT A LEGAL ADVICE. YOU SHOULD CONSULT WITH A LEGAL ADVISOR IF YOU HAVE PROBLEM RELATING TO THE ISSUE DISCUSSED HEREIN.
_________________________________________________________________________________
