Contract Between Publisher and Author

CONTRACT BETWEEN PUBLISHER AND AUTHOR

Agreement made this day of , , between , of , hereinafter called author, and , of , hereinafter called publisher.

Author agrees as follows:

1. To furnish and deliver to publisher on or before the day of , , the manuscript of a certain literary work of author, entitled , and author hereby gives and grants to publisher the sole and exclusive right to publish the work in the United States of America and for and during the time for which the copyright or any renewals thereof shall be or remain in force. In case of failure to furnish the manuscript within such time, publisher may decline to publish the work.

2. To permit publisher to take out and procure the copyright for the work in the name of author in the United States of America and

3. To apply for the renewal of the copyright on the expiration of the first term thereof and to assign to publisher the sole and exclusive right to publish the work during the full term of the renewal.

4. To examine and correct the proof sheets as fast as they shall be furnished and to prepare and deliver an index to the work within a reasonable time after the delivery of the last of the proof sheets. These provisions are also to apply to any subsequent editions of the work.

5. To not furnish to any other publisher during the continuance of this agreement any work of competing character on the same subject until publisher has been offered the same and has within days failed to accept or refused to publish the same.

6. To pay for any additions or alterations or corrections made by him on the proof sheets, differing from the copy of the manuscript delivered to the publisher, costing more than dollars or percent of the cost of composition of the work. Notice of such excess charges must be given by publisher to author within days after .

7. To hold publisher harmless against any suit, demand, claim or recovery, finally sustained, by reason of any violation of proprietary right or copyright or any unlawful matter contained in the work.

8. And author further guarantees and represents (1) that he is the sole author and proprietor of the work, (2) that he has full power to make this agreement, (3) that the work has not heretofore been published in book form, and (4) that the work contains no matter libelous or otherwise unlawful.

Publisher agrees as follows:

1. To publish the work at his own expense within months after the receipt by him of the complete manuscript, except that the time shall be extended to cover delays caused by strikes, unavoidable accidents, or failure of author to return final proofs within days after delivery to him.

2. To sell the work at a catalogue retail price of not less than dollars nor more than dollars, cloth style of binding.

3. To pay to author the sum of for each and every copy of the book, which is sold, not counting copies given to the author, or to editors or reviewers according to the custom of the publisher or to pay to the author percent on the catalogue retail price for each copy of the work sold up to and including copies, and percent on all copies sold in excess of and up to , and percent on all copies sold over and above the last number.

4. To render to author an account of sales of the work on the first days of and , to be sent by mail to , and to make settlement in cash for copies sold up to said dates from each preceding date within days after the furnishing of said account.

5. To give to author free copies of the work, and furnish any additional number of copies for his personal use at the lowest trade price.

6. To permit author, upon written request, to examine, by public accountants, the books of account of publisher insofar as they relate to the work. The cost of examination shall be borne by author unless errors of accounting shall be found amounting to or more in favor of publisher, in which case the cost shall be paid by publisher.

It is mutually agreed between the parties as follows:

1. The title of the work may be changed only by mutual consent.

2. The copyright shall be assigned by either party to the other on demand, when necessary for bringing, defending or maintaining a copyright action, to be reassigned on demand on the termination of such action.

3. If the publisher shall become bankrupt during the term of this agreement, it shall terminate and author shall have the right to buy the right to publish the work together with any plates and unsold copies at fair market value to be determined by agreement or arbitration.

4. After years from the date of publication of the work, a cheap edition may be published either by publisher or by any lessee of publisher for that purpose, and in consideration hereof author shall be paid [make separate provisions according to whether the publisher himself publishes or leases the right], statements to be furnished and payments made on the day of and of each year.

5. This contract shall terminate in the event (1) publisher fails or refuses to keep the work in print on written demand of author, or in the event (2) that after years from the date of first publication on the work, in the opinion of publisher, is no longer merchantable or profitable, and he so notifies author in writing. [Provision may be added as to transferring plates to author on payment of certain sum or certain percent of cost.]

6. In the event that disputes arise as to the construction of this agreement, they shall be settled by arbitration, one arbitrator to be selected by publisher and one by author, and if they cannot agree, then by an umpire to be selected by the two arbitrators so chosen, and the decision of the arbitrators or umpire shall be final and binding on both parties.

7. Neither party hereto shall assign this contract without the written consent of the other party.

8. This agreement shall be binding upon the assigns or successors of publisher and upon the heirs, executors, administrators or assigns of the author.