Agreement
between Author and New Publisher
AGREEMENT
is made at _________ this day of___________ between ________________R/o
______________Hereinafter referred to as the `Author' of the First Part &......................carrying
on business at _____________ Hereinafter referred to as `the New Publisher of
the Other Part.
WHEREAS
1. The Author, by a Deed
of Assignment dated ______________between the Author and_________________
(hereinafter referred as the Old Publisher) in consideration therein mentioned,
assigned to the said. Old Publisher all his copy right in the book titled
_______________written by him subject to certain reservations particularly
regarding subsequent edition of the book and the first edition has been
published by the said old Publisher in the year_______________
2. The said Old
Publisher has in his turn assigned the said copyright in the said book to the
New Publisher by a Deed of Assignment dated........ 200-
3. The Old Publisher had
brought out, and sold one edition of the said book and the book is due for
republication, being in demand.
4. The New Publisher has
approached the Author with a request to re-edit the said Book by making
necessary, additions omissions or alterations so as to bring it up-to-date and
which the Author has agreed to do on the following terms and conditions.
NOW
IT IS AGREED BY THE PARTIES HERETO AS FOLLOWS:
1. The Author, at the
request of the New Publisher agrees to re-edit the said book entitled
______________by making necessary additions, omissions, alterations or
corrections as may be necessary to make it up-to-date. The Author agrees to
complete the said work within __________months from the date hereof and to hand
over to the New Publisher the re-edited manuscript copy of the said book.
2. The Author grants
license to the New Publisher to publish such a revised edition to be prepared
by the Author.
3. The Author covenants
that he will not give any license to any other person for republishing the said
book revised or unrevised.
4. The New Publisher
agrees to pay to the Author by way of royalty for the revised edition a sum
equal to ________per cent of the price of each copy of the book sold less the
proportionate costs of printing and the amount will be paid at the end of every
________months from the publication of the revised edition for all copies
during the said period.
5. The New Publisher
shall send to the Author every _______months a statement of account in respect
of the royalty payable to the Author and the Author will have the right to
inspect the books of account, vouchers and papers of the New Publisher to
verify the correctness of the account submitted by the New Publisher.
6. The Author shall have
a lien on the unsold copies for the amount of royalty due and payable to him
and he will be entitled to enforce the said lien through Court.
7. The Author warrants
that the said book or its revised edition does not infringe the copyright of
anybody else and does not and will not contain any defamatory material.
8. The New Publisher
will supply ___________copies of the said book free of costs to the Author.
9. This License is
limited to the publication of the said revised edition of the book and if after
the new edition is published and sold out, and the New Publisher does not agree
to reprint or bring out a new edition of the said revised edition of the Book,
on the terms of this agreement or otherwise the Author will be entitled to get
a new edition printed and published through some other publisher and the
License hereby granted by the Author shall be deemed to have lapsed.
10. The Deed of
Assignment of copyright between the Author and the Old Publisher shall be
deemed to be modified by this Agreement and subject to such modification it
will continue to remain in force.
11. If any dispute or
difference shall arise between the parties hereto in connection with or arising
out of this agreement of whatsoever nature, the same shall be referred to
arbitration of a common Arbitrator if agreed upon failing which to two
Arbitrators, one to be appointed by each party to the dispute and the
Arbitration will be governed by the Arbitration Act.
12. This Agreement is
executed in duplicate and one copy will remain with the Author and the other
with the New Publisher.
IN
WITNESS WHEREOF the parties have put their hands the day and year first
hereinabove written.
Signed
and delivered by
.......................
The
within named Author
In
the presence of.................................)
Signed
and delivered by
.......................
The
within named Publisher
In
the presence of.................................)
