Agreement
of License to Publish on Royalty Basis
Agreement
is made at __________ this _________ day of _________ between
Mr................r/o.......... Hereinafter referred to as `the Author' of the
One Part and________________________ carrying on business at ______________
Hereinafter referred to as `the Publisher' of the Other Part
WHEREAS
1. The Author has
written a book on the subject of...................... and desires to publish
the same.
2. The Publisher has
offered to publish the said book on the following terms and conditions, which
are also agreed to by the Author.
NOW
IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. The Publisher agrees
to publish the said book entitled __________ within a period of
__________months from the date hereof. The printing and publishing will be done
by the Publisher at his own costs.
2. The Author has
delivered the manuscript of the book on the execution of this Agreement to the
Publisher and the Publisher acknowledges receipt thereof.
3. The Author grants to
the Publisher the right to print and publish the said book subject to the terms
and conditions herein contained.
4. The Author hereby
warrants that the said book does not infringe the copy right of any other
person and he is the sole copyright owner of the said book. He also warrants
that he has not given license to publish the said book to any other person. The
Author agrees to indemnify the Publisher against any claim made by reason of
infringement of copyright of any other person or by reason of the Author having
given any right in respect of the book to any other person.
5. The Publisher shall
print and publish the book at his own entire costs and expenses and he will
also advertise the publication of the work at his own cost.
6. The Publisher shall,
in consideration of the said right of publication hereby given, pay to the
Author as and by way of royalty a sum equal to _________per cent of the price
less the cost of printing of each copy of the book actually sold. The amount of
royalty accrued on sales, shall be paid within __________weeks from the
expiration of every six months commencing from the publication of the book.
7. The Publisher shall
submit to the Author every ________months, commencing from the publication of
the book, a statement of the copies sold by the Publisher and his agents and
shopkeepers. And such statement shall be sent along with the amount of royalty
payable as aforesaid. Acceptance of any payment of royalty will not be
construed as acceptance by the Author of the correctness of the statement and
the Author will be entitled to verify the statement with the books of account,
vouchers and other papers relating to sale and the Publisher shall offer such
inspection to the Author or his agent whenever demanded by the Author. The
Publisher shall with every such statement disclose the total number of copies
printed by him.
8. The Publisher shall
supply ____________copies of the Book to the Author free of costs and without
any royalty being payable thereon. The Publisher shall also supply free copies
not exceeding ___________to such newspapers, periodicals or law Reporters as
the Publisher may think fit.
9. The Publisher shall
not give benefit of this license by way of transfer or otherwise to any other
person.
10. The Publisher shall
print only............ copies of the book and no more and the price of the book
will not be more than Rs..................... per copy.
11. The Publisher shall
show the final proof of the print to the Author for his verification and the
Author will be entitled to make any formal changes therein and to correct
mistakes. The cover of the book will be got approved by the Author.
12. This license is
granted only for the publication of the First Edition of the Book.
13. If the Author
proposes to bring out a new edition of the book he will give the first option to
the Publisher on such terms as may be agreed upon. In the event of any
disagreement as to such fresh terms, the Author will be entitled to publish a
new edition by himself or through any other publisher. But in no event the book
will be reprinted or republished unless and until at least 90% of the copies of
the first edition are sold out.
14. The Author warrants
that the said book is his original and does not infringe the copy right of any
person. The Author agrees to indemnify and keep indemnified the Publisher
against any claim made on account of infringement of any copyright. The author
also warrants that he has not given the right of publication to any other
person.
15. The Publisher
undertakes to mention on the cover page or any other following page of the book
that the copyright in the book belongs to the Author.
16. This agreement is
executed in duplicate and one copy thereof will remain with the Author and the
other with the Publisher.
17. If the Publisher
commits breach of any term of this Agreement, the Author will be entitled to
cancel the same by giving fifteen days' notice to that effect to the Publisher
and on the expiration of the said notice period this agreement will come to an
end. On the termination of this agreement for any reason the Author shall have
the option to take back all the unsold copies and the Publisher shall hand over
them to the Author on payment of the proportionate cost of printing thereof but
if the Author fails or refuses to exercise the option and to pay the costs, the
unsold copies will be retained by the Publisher and sold.
18. In the event of any
dispute or difference arising between the parties hereto out of or in
connection with the agreement the same shall be referred to arbitration of a
common arbitrator if agreed upon, otherwise to two arbitrators, one to be
appointed by each party to the arbitration and the Arbitration will be governed
by the Arbitration Act for the time being in force.
IN
WITNESS WHEREOF the parties have put their hands the day and year first
hereinabove written.
Signed
and delivered by...................
Within
named Author.............
In
the presence of.........................
Signed
and delivered by ...................
Within
named Publisher
In
the presence of......................
