Agreement
to Write a Book and to Sell Copyright
Agreement
is made at ___________this ___________ day of ________between Mr _____________residing
at _______________Hereinafter referred to as 'The Author', of the FIRST PART
and Mr. B residing at _______________Hereinafter referred to as "the
Publisher" of the OTHER PART.
WHEREAS
1. The Author is a
writer and a professor in the subject of Literature and has written a novel in
__________language which is in a manuscript form.
2. The Publisher is
carrying on business of publishing books on various subjects and has seen the
said manuscript and approved it but has requested the Author to make a few
changes therein and which the Author has agreed to do.
3. On such changes being
made the Publisher has agreed to complete the book as aforesaid and assign the
copy right therein to the Publisher in consideration of a lump sum amount of
Rs. _______________agreed to be paid by the Publisher to the Author.
NOW
IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. The Author agrees to
complete the manuscript of the said book (novel) within a period of three
months from now and the material of which will not exceed about_____________
printed pages.
2. The Author shall
deliver the typed or handwritten manuscript of the book to the publisher within
the said period of three months from the date hereof.
3. The Publisher shall,
within the next ___________months print and publish the said book at his entire
cost, unless prevented from doing so by circumstances beyond his control in
which case the time will be extended by mutual consent of the parties.
4. The Publisher shall
furnish proofs of the printed material to the Author for his reading and for
corrections and during such proof reading the Author will be entitled to make
any additions or alterations in the original text of the book as he may think
proper but without materially altering the story and the form.
5. The Publisher shall
pay to the Author a sum of Rs __________in consideration of the assignment of
the copy right as hereinafter mentioned and out of which the Publisher has paid
to the Author a token sum of Rs. _______as earnest on the execution of this
agreement and the balance of Rs ____________will be paid on the delivery of the
manuscript of the book to the Publisher.
6. The Author agrees to
assign to the Publisher the full copy right of the Author in the said book and
shall execute a Deed of Assignment of copyright on the delivery of the
manuscript of the book against payment of the said balance of Rs__________
7. The Author shall
assign the copyright subject to the following reservations
·
The
author will be entitled to publish translation of the said book in any other
language.
·
He
will be entitled to convert the novel into a play.
·
He
will be entitled to make a cinema film out of the story of the novel.
·
He
will be entitled to suitably convert it and exhibit as a serial in a Television
show.
8. The Publisher hereby
covenants and undertakes that he will not publish the book under any title
other than the title given by the Author and will not in any way alter the
literary matter contained in the book or make any additions to or alterations
in the text of the book.
9. The Publisher further
covenants that he will not assign the copy right in the said book to anybody
else or grant any license in respect thereof without notice of this agreement
to the Assignee or Licensee and such assignment or license will be subject to
the terms and conditions herein mentioned.
10. The Author warrants
that the said book does not contain any defamatory material and does not
infringe the copy right of any other person.
11. The Author agrees to
indemnify and keep indemnified the Publisher against claim for damages or
otherwise made by any other person on account of
a. the book containing
any defamatory material or
b. the book causing
infringement of the copy right of any other person.
12. If the Author fails
to write and complete the book within the period mentioned above, the Publisher
will have the option to cancel this agreement by giving fifteen days, prior
notice in writing to the Author and in that event the Author shall return the
token earnest paid to him by the Publisher.
13. If the Publisher
fails to pay the said balance of Rs________ against offer or delivery of the
manuscript of the book by the Author to the Publisher, this agreement will be
treated as cancelled but if the Author fails to deliver the manuscript against
the Publisher offering to pay the said amount, this agreement will be deemed to
be an assignment of the copy right in the said manuscript, subject to the
reservations aforementioned and in that case the Author will not be entitled to
publish the book himself or through any other publisher or to assign the said
copy right therein to any other person.
14. This Deed is executed
in duplicate and the original copy will remain with the Publisher and the
duplicate with the Author.
IN
WITNESS WHEREOF the Author and the Publisher have put their respective hands
the day and year first hereinabove written.
Signed
and delivered by the
Within
named Author Mr .....................
In
the presence of ___________
Signed
and delivered by the
Within
named Publisher Mr .................
In
the presence of _________________
