Shared Publishing Contract and Admendments
2005 to Present
AGREEMENT made this _____DAY______.day of ____________MONTH__________ between _NAME________ of ____CITY________, _____STATE______. Hereinafter called Author, and Gary Drury Publishing of , KY., hereinafter called the Publishers.
PUBLISHING RIGHTS; BOOK SPECIFICATIONS
I. The Author assigns to the Publisher the sole and exclusive worldwide rights to publish in book, audio, video and eBook forms the manuscript presently entitled: BOOK(S) TITLES .
I hereby certify that my work, which (has been/may be) selected for publication by Drury Publishing/Gary Drury Publishing, is my own original work and that it has never been published; or, if previously published, that I am the sole copyright proprietor. I hereby authorize worldwide rights for its publication by Drury Publishing/Gary Drury Publishing (Including First Rights, Reprints, Portable File Documents, eBook publishing and by any other means of promoting my work. As the Publisher deems fit. I understand fully that I retain all rights to said work.
I hereby grant exclusive MS Reader (.lit) / Adobe eBook Reader (.ebx), Kindle, and Adobe Acrobat Reader (.pdf) and all digital format rights known or unknown or to be invented to Drury Publishing/Gary Drury Publishing. I understand fully that I shall receive 20% royalty from each electronic copy sold. I understand too that no compensation will be paid on lost, stolen, returned, or not paid for eBooks. Royalties will begin after publisher has recouped its investment.
Royalty payments will be remitted once a year to the person stated below for all moneys due — when royalties has reached $100 or more. Should royalties be less than $100 at annual term — royalties will carry over until it has met or exceed the $100 minimum. At which time remittance shall be paid.
It is the responsibility for said party to keep the information below current and accurate. Your Social Security Number will not be requested for tax purposes until your account has reached $600 or more. Failure to supply this or additional information when requested shall delay or forfeit your royalty payment(s). It is the sole responsibility for said individual to report and pay taxes on their received royalty funds.
Drury’s Publishing/Gary Drury’s Publishing makes no guarantees directly or indirectly of any number of sells or royalty amounts. There is simply NO way to predict the public response to any piece of work.
This form will remain enforced until the author and publisher states in writing its termination. However, this agreement must remain valid for a period of no less than five years from the date of signing.
Audio, Video, eBook Electronic Rights Author Release constitutes an author release, worldwide resell rights and a simple contract between author and publisher. Nothing what-
Parties This is a Publishing Agreement between the author ("AUTHOR") signifying below and DrurysPublishing.com, of Kentucky, ("PUBLISHER") for the WORK listed at the end of this Agreement ("WORK").
License to Publish AUTHOR grants to the PUBLISHER the exclusive, worldwide license to publish the WORK in electronic formats, in whole or in part, in the English language (or any other recognized language the PUBLISHER supports). The AUTHOR also grants to the PUBLISHER the right to make the work viewable on the PUBLISHER's web site, or partner web sites that have entered into agreement with the PUBLISHER, in order to facilitate sales of the WORK.
Storage and Hosting AUTHOR grants to the PUBLISHER the right to store, use, transmit and distribute electronic copies of the Works as required to facilitate the printing and distribution process. This grant includes the PUBLISHER's vendors and affiliates. Author must remit storage fees upon Publisher’s request per title, per format, per binding based on a per day fee calculation in full during first week of January of a new year. Storage fee will not be prorated and full payment received or interest and a late fee will apply monthly at highest rates permitted by law.
Other Rights. All publication rights not explicitly granted to the PUBLISHER are reserved to the AUTHOR. Any and all sections of the print book portion of this contract are valid with exception, only to parts directly related to printed books.
Term The license for the WORK shall extend for five (5) years after the date the PUBLISHER first releases it for publication. The license will automatically renew for consecutive one (1) year term if neither party gives at least thirty (30) days advance written notice, prior to the end of the current term that it desires to terminate.
Royalties AUTHOR will be paid royalties as defined in Section A.
Royalty Payments PUBLISHER will make one annual royalty payment, if earned, to the AUTHOR within sixty (60) days of the end of each calendar year. If the royalty payment due in a single calendar year is one hundred or less U.S. Dollars ($100) the balance will be applied to the next calendar year until the royalty payment due equals or exceeds one hundred U.S. Dollars ($100), at which time the PUBLISHER shall make the appropriate royalty payment to the AUTHOR.
(a) It is agreed that the Publisher shall have exclusive control of the following subsidiary rights and may attempt to arrange for their sale when the potential sell ability and appropriateness of the work warrants; the net proceeds of which, if sold, shall be divided 50% to the Author and 50% to the Publisher:
Digest, Abridgement, Audio Recordings, eBook, Video Recordings or Condensation, Anthology or Quotation, Reprint Edition through another Publisher, Radio Broadcasting, Translation and/or Foreign Language, Publication Television, British Publication, Exclusive of Canada, First and Second Serial, Syndication, Motion Picture, Dramatic, Book Club, Electronic Book Club, Performance, Commercial and Merchandising, Paper Products, Electronic Book, Translation, Other Book Publication, Trade or Mass Market Paperback, Permissions, Book Club, First Serial, Second Serial,
(b) In the event of any profits accruing from any other rights whatsoever, including the use of the title of the said work for commercial purposes, any such profits shall be divided 50% to the Author and 50% to the Publisher.
Submission Guidelines and Payments AUTHOR shall follow all submissions procedures and payment requirements attached in Section B.
Photograph, Video & Voice Recording Release Author hereby grant permission to the rights of my image, likeness and sound of my voice as recorded on audio or video tape without payment or any other consideration. Author understands that Author image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, Author waives any right to royalties or other compensation arising or related to the use of Author image or recording. Author also understand that this material may be used in diverse educational settings within an unrestricted geographic area.
Photographic, audio or video recordings may be used for the following purposes: conference presentations, educational presentations or courses, informational presentations, on-
Author understands this permission signifies that photographic, video or voice recordings of Author may be electronically displayed via the Internet or in the public and educational setting. Author understand that others, with or without Author consent may use and/or reproduce such photographs and recordings.
There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed. Author unequivocally and fully understand that the release is irrevocable.
This contract applies too photographic, audio or video recordings collected as part of the sessions listed on this document only.
Author hereby agrees upon any and all actions that any and all forms of Author assets and income will be deemed collateral to satisfy sought debt, damages, miscellaneous and incurred legal expenses. This includes but not limited to real estate, vehicle(s), welfare, social security, and pensions etc. Author hereby waives all rights to all forms of hardship, arbitration, mediation and trial by jury to ensure swift expeditious settlement. Any and all monetary compensation awarded via the courts must be remitted in totality within 30 days, no division installments or monthly remittances.
Author acknowledge that Author has completely read and fully understands and agree to be bound thereby. Author unequivocally and fully understand that contract is irrevocable. Author hereby releases any and all claims against any person or organization utilizing this material for any purposes.
Author Collateral Security Author hereby agrees upon any actions that any form of Author assets and income will be deemed collateral to satisfy debt, damages, miscellaneous and incurred legal expenses. This includes but not limited to real estate, vehicle(s), welfare, social security, and pensions etc. Author hereby waives all rights to any hardship, arbitration, mediation and trial by jury to ensure swift expeditious settlement. Any monetary compensation awarded via the courts must be remitted in totality within 30 days, no division installments or monthly remittances, accept in accordance to court judgement.
This Agreement shall be governed by the internal laws of the State of Kentucky as a contract fully executed and to be performed in Kentucky, without regard to conflict of laws rules, and shall bind and benefit the applicable heirs, successors, assigns, and personal representatives of the parties hereto, AUTHOR may not assign this Agreement or any rights or obligations hereunder, by operation of law or any other manner, without the PUBLISHER's prior written consent, such consent not to be unreasonably withheld.
Author upon written request from Publisher mailed via United States First Class Mail must supply the current legal name and addresses of applicable heirs, successors, assigns, witness of contract signing and personal representatives of the parties. Not providing Publisher with requested information will be deemed breach of contract. Publisher may seek any action against applicable heirs, successors, assigns, witness of contract signing and personal representatives of the parties as if they are Author.
Author completely acknowledges that any books earned royalties in any medium may be indefinitely withheld by Publisher if author breaches contract, account is debited, any action or insinuation that author has misrepresented his/herself until such time Publisher deems appropriate to release any royalties. Should Author status remain unresolved for a period of two years, Publisher may acquisition any earned royalties for time and expenses and seek full reimbursement for services such as typesetting, ISBNs, barcodes etc.
Author account not in good standing for any reason by expiration, non renewal, or termination of contract relinquishes any rights to any titles bound by this contract. Publisher will at such time have total and complete copyright ownership to said works. Publisher may edit or modify said works without Author objection, input or written notice.
Author and Publisher Book Marketing Author fully understands that Publisher at no time is obligated to market said book(s) without compensation from said Author. Author is solely responsible for any marketing of books. If Publisher and Author share publication cost of any book Author must demonstrate to Publisher efforts for marketing said titles to obtain reasonable sells to recoup Publisher investment.
If in Publisher’s discretion a marketing avenue seems viable, Publisher may peruse such marketing and invoice Author for reimbursement of cost without prior written notice. Author will have a minimum of 10 days from receipt of invoice to repay but no more than 30 days unless both parties agree in writing to deferment.
Author Discounting Author may buy copies of book at discounted pricing directly from Publisher. Author may resell any book of their own at the suggested retail price set by Publisher. Author may not discount any book sells for more than 10 percent off the retail price without prior written consent from Publisher. Author fully agrees not to sell at a discount equal to or less then the Publisher’s or any book reseller discounted price.
Documentation Author is required to provide proof of registered copyright by submitting copy to Publisher within 90 days of publishing or six months during peak registering seasons. Author agrees to provide The Library of Congress Copyright Office with two published copies of book or according to current guidelines at time of copyright, remitting any required fees. Should Publisher be required upon request from The Library of Congress Copyright Office to provide copies to satisfy requirements, Author will reimburse Publisher for cost of copies at retail pricing, shipping, handing and mailing supplies (including postage and insurance) and $250 to compensate Publisher. Publisher request for proof of registered copyright will be provided by Author within a reasonable time with proof published copies of book were given to Copyright Office and fees remitted. Author will supply to Publisher without delay the legal names, addresses and communication data needed to contact any applicable heirs, successors, assigns, and personal representatives of the Author without limitation. Author must obtain written consent from Publisher via first class mail to have any party represent them or act on their behalf. Author completely agrees to compensate Publisher $1500 per hour and any fraction thereof as a full hour. Author’s unwillingness or inability to compensate Publisher any fee must be remitted by parties representing Author. Author agrees to remit to Publisher $100 per day after first fourteen days Author has not satisfied Publisher’s request.
Exclusive Writings Author may not create or submit any writings to any party for publication. Author may not self-
Breach Author and Publisher agree any breach of contract will be resolved within 30 days of notification; unless such breach is beyond the control of Author or Publisher. Publisher’s remedy is only to correct such breach to resolve any possible issue. Author’s remedy is to fully and completely resolve any breach to Publisher’s satisfaction. Author unable for any reason to comply and make good must reimburse Publisher for any expenses incurred. Author will be in breach if any writing is published in any form without written consent from Publisher, has not satisfied outlined requirements, owes money to Publisher, does not adequately promote book, refuses to arrange book signings or fails to make public appearances.
Debit Publisher does not relinquish any rights whatsoever by permitting Author discounts or additional time to satisfy payments. Author fully and completely agrees that any Publisher reduction of Author debit is limited and expires within fourteen days unless stated otherwise. Author assumes any cost Publisher incurs to collect. Author will remain under contract until full restitution has been received by Publisher. Publisher may sell Author contract or debit in whole or in part with full rights granted without any notification to Author.
Transmitted Communications E-
Parties Unauthorized by Publisher Any communications with Publisher via mail, phone, fax, email or any known or unknown forms of communication, or to be invented in the future are billable to offending or referring parties in which no authorization or permission has been granted from Publisher. Unauthorized contact is $1500 per occurrence, per form of communication. Persons or Entities communicating without prior scheduling agree to a $50,000 penalty per occurrence, per form of contact.
Publisher Copyright Any correspondence via mail or email, contracts or documents (printed or virtual) are the copyrighted property of Publisher. Any correspondence via mail or email, contracts or documents (printed or virtual) transmitted by any party and received by Publisher become the copyrighted property of Publisher and subject to all copyright laws without limitations. Any other use, retention, dissemination, forwarding, printing, copying of material, or by any known or unknown storage or distribution to be invented in the future is strictly prohibited.
Early Termination Publisher may grant Author early conditional termination of contract upon Author’s written request. Author fully understands Publisher is not mandated to permit early cancelation and that a buyout fee may be imposed with a nondisclosure agreement.
Submission Acceptance PUBLISHER reserves the right, in its sole discretion, not to accept a submission upon receipt. If this is the case, the PUBLISHER will refund the AUTHOR submission payment, if not previously stated non-
Publication PUBLISHER intends to make the WORK available for electronic-
Publication Format PUBLISHER shall have full discretion as to price, production, appearance and formats of the WORK. PUBLISHER may require a separate setup fee for each electronic document (referred to as eBook), even if it is of the same WORK.
Partial Publication After the WORK has been published in accordance with Paragraph Publication Format, the PUBLISHER may choose to include all or part of the WORK in a larger compilation or collective work. No compensation will be granted The AUTHOR for such use from the WORK as compared with the whole compilation or collective work. Compilations or collective works are for the promotion of said work to attract potential eBook buyers.
Author Proof PUBLISHER will provide the AUTHOR with the proofing option as defined on the PUBLISHER's web site. The AUTHOR shall have thirty (30) days to proof the WORK. The AUTHOR shall use reasonable efforts to adhere to proofing procedures posted by the PUBLISHER and it is understood by the AUTHOR that the PUBLISHER may terminate publication in the event the AUTHOR does not provide the required proofing feedback. If the PUBLISHER terminates publication due to a lack of required feedback from the AUTHOR, the PUBLISHER shall not be required to refund any submission payments, or return the submission package or WORK. PUBLISHER proofs may be in printed form for the AUTHOR if he/she agrees to remit to the publisher a one hundred and fifty ($150) to cover: printing, mailing and handling expenses related to a physical document. Otherwise, AUTHOR will be expected to receive and read proofs in Adobe Acrobat .pdf electronic format.
Copyright and Title Registration PUBLISHER agrees to post for the WORK the copyright name specified by AUTHOR and secure a unique ISBN and bar code. (At the AUTHOR expense).
Title and Author Information The PUBLISHER may post pertinent information regarding AUTHOR or WORK. The information may include elements of the title submission package, such as the author biographical sketch and description of the WORK. The PUBLISHER may also post additional information that will help promote the AUTHOR or WORK. If the PUBLISHER requests such information, the AUTHOR agrees to promptly provide the information.
Publisher Bankruptcy If the PUBLISHER commences bankruptcy proceedings, all rights to the WORK shall immediately revert to the AUTHOR.
Termination by Publisher Upon giving thirty (30) days advance written notice, the PUBLISHER may terminate publication of the WORK without cause, at which point the rights to the WORK immediately revert to the AUTHOR. The PUBLISHER may also immediately suspend or terminate the publication of the WORK upon acquiring knowledge of an actual or potential liability claim relating to the WORK. The PUBLISHER shall pay any accrued royalty income due the AUTHOR within sixty (60) days of the end of the calendar quarter during which the contract is terminated.
Author Warranties AUTHOR represents and warrants the following to the PUBLISHER: (i) AUTHOR is the sole owner of the WORK (including any associated cover or interior graphics supplied by the AUTHOR) and has the full power, authority and right to enter into this Agreement; (ii) this Agreement does not conflict with any arrangements, understandings, or agreements between the AUTHOR and any other person or entity; (iii) the WORK is not in the public domain and is entirely original except for portions thereof for which legally effective written licenses or permissions have been secured; (iv) the WORK and all rights therein are free of liens, claims, interests or rights in others of any kind; (v) the WORK as submitted, and its publication by the PUBLISHER, do not and will not violate or infringe upon any personal or proprietary rights, including without limitation copyrights, trademark rights, trade secret rights, contract rights, privacy rights, or publicity rights of any other persons; (vi) the WORK is not defamatory or obscene, or in any other way illegal; and any recipes, formulae, instructions, or recommendations contained in the WORK are not and will not be injurious to any reader, user, or third person; (vii) all information in the submission package is accurate.
Indemnification AUTHOR agrees to fully indemnify, defend and hold harmless the PUBLISHER and its AFFILIATES from and against any losses, lost profits, damages, liabilities, judgments, awards, decrees, settlements, or expenses (including without limitation, reasonable attorney's fees and court costs) arising from, connected with, or by reason of any breach or alleged breach of any of the representations and warranties set forth above, but the AUTHOR shall not be liable for any matter inserted in the WORK by the PUBLISHER or its licensees. All warranties and indemnification made by the AUTHOR herein shall survive termination of this Agreement or any license hereunder. "AFFILIATES" means owners, shareholders, officers, directors, employees, parents, subsidiaries, affiliated companies, licensees, distributors, advertisers, Internet service providers, attorneys, and accountants and any other person or entity to whom PUBLISHER extends its license or warranties to in connection with the production, dissemination, transmission, promotion, publication, or distribution of the WORK or the exercise of any rights therein or derived therefrom.
Notices All notices must be given in writing and sent by United States Postal Service via First Class Mail to AUTHOR'S address and to PUBLISHER'S address displayed at PUBLISHER'S web site on the date of the notice. eMail notices will be deemed given on the date of transmission, provided that for eMail notices the party giving the notice must maintain evidence showing the successful transmission. Notices sent by courier shall be deemed given same day date of delivery to the courier. Notwithstanding the foregoing, eMail notices may be used for matters involving proofing and WORK publication. All amendments to this contract may be posted by Publisher on www.druryspublishing.com it is Author’s sole responsibility to review such updates regularly. Publisher may take legal action against Author without notice whatsoever. Contracts automatically renew for one year periods unless author submits written termination 30 days prior to renewal with copy of contract and settlement of all debt on Author’s account to publisher via First Class Mail. A required termination fee may be billed to Author at current rates of termination per book title. Author’s termination request will not be granted if any moneys are due Publisher, may not be deemed terminated until Publisher has verified to Author with written correspondence. Author assumes ALL cost of Publisher’s exercise to collect payment. All documentation and information of Author may be used as evidence in court of law and publicized in Author’s local media and online along with photography. All of Author’s binding legal obligations within this contract and on www.druryspublishing.com website is fully understood by Author of his/her obligation. Rights to Author’s works will not revert back to Author until Author’s account is in good standing and all debt paid to Publisher. All Publisher communications and services are billable hours for any fraction of time as a full hour at invoicing. Author hereby agrees upon any and all actions that any and all forms of Author assets and income will be deemed collateral to satisfy sought debt, damages, miscellaneous and incurred legal expenses. This includes but not limited to real estate, vehicle(s), welfare, social security, and pensions etc. Author hereby waives all rights to all forms of hardship, arbitration, mediation and trial by jury to ensure swift expeditious settlement. Any and all monetary compensation awarded via the courts must be remitted in totality within 30 days, no division installments or monthly remittances.
Additional Instruments AUTHOR agrees to complete and execute the title submission form and author biographical sketch and all additional instruments reasonably requested by PUBLISHER to confirm and effectuate this Agreement.
General Provisions This Agreement shall be governed by the internal laws of the State of Kentucky as a contract fully executed and to be performed in Kentucky, without regard to conflict of laws rules, and shall bind and benefit the applicable heirs, successors, assigns, and personal representatives of the parties hereto, though AUTHOR may not assign this Agreement or any rights or obligations hereunder, by operation of law or any other manner, without the PUBLISHER's prior written consent, such consent not to be unreasonably withheld. If any term or provision of this Agreement is illegal or unenforceable, then, nonetheless, this Agreement shall remain in full force and effect and such term or provision shall be deemed deleted or curtailed only to such extent as is necessary to make it legal or enforceable. This Agreement represents the complete understanding between the parties as to its subject matter and supersedes all prior understandings, if any, as to its subject matter. No modification, amendment, or waiver shall be valid or binding unless made in writing and signed by all parties hereto. Any and all clauses in the printed book section of this contract applies to any and all electronic publications, known or unknown, with exception only to divisions that may apply directly to printed books. By completing the following and submitting the required materials, the AUTHOR agrees to all the terms and conditions in this Agreement.