ECONO PUBLISHING, LLC
AUTHOR(S) PUBLISHING AGREEMENT
(SPECIAL NOTE: As an Author and you have elected to use http://econopublishing.com/ for the basic $250.00 package, and are retaining control over your independent self-publishing websites such as in regular sales channels and electronic channels such as Kindle Books, Amazon Books, Barnes and Noble, Create Space, Smashwords or other channels that may become available. THIS AGREEMENT IS NOT APPLICALE. iALL regular sales channels and electronic channels such as Kindle Books, Amazon Books, Barnes and Noble, Create Space, Smashwords or other channels that may become available. IN THIS CASE THE AUTHOR WILL ABIDE BY AND BE GOVERNED BY EACH OF THE AFOREMENTIONED WEBSITES USE AGREEMENTS.)
ECONO PUBLISHING, LLC
AUTHOR(S) PUBLISHING AGREEMENT
AGREEMENT made by ECONO PUBLISHING, LLC, (http://econopublishing.com/) 6599 Kuna Road, S-101, Kuna Idaho 83634 (Hereinafter referred to as “Publisher”), its successors and assigns; and Author(s) (Hereinafter referred to as “Author”), His Heirs, Executors, Administrators, Successors and Assigns; Concerning any Book(s) presently being published by (http://econopublishing.com/) (Hereinafter Referred To As The “Work”)
IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS:
- THE GRANT AND THE TERRITORY
The Author grants to the Publisher and its licensees, for the full term of copyright available in each country included within the Territory covered by this Agreement under any copyright laws now or hereafter in force within the Territory with respect to a book with the tentative title noted above, the following “Primary” and “Secondary” Rights:
(1) “PRIMARY RIGHTS:”
“Trade Edition Rights” – exclusive right to publish, or authorize others to publish, hardcover and/or trade paperback (softcover editions distributed primarily through hardcover trade channels such as bookstores) editions of the Work.
“Mass Market Reprint Rights” – exclusive right to publish, or authorize others to publish, softcover editions of the Work to be distributed primarily through independent magazine wholesalers and to direct accounts.
“Book Club Rights” – exclusive right to sell to book clubs or to authorize book clubs
To print and sell the Work.
“General Publication Rights” – exclusive right to publish, or authorize others to publish, condensations and abridgments of the Work; publication of the complete Work or selections there from in anthologies, compilations, digests, newspapers, magazines and other works as a textbook; and in Braille.
“Electronic Rights” – exclusive right to use, adapt or otherwise exploit the Work, or any portion thereof, in storage and retrieval systems of all kinds, whether now known or hereafter Invented, including but not limited to mechanical, electronic or other technologies, and including but not Limited to the Internet, micro-processors, computer databases, CD-ROM media, digital media, interactive media, multimedia, sound recordings, programs for machine teaching, ephemeral screen flashing or Reproduction thereof, whether by screen display, print-out, photo-reproduction, photocopy or otherwise, and whether stored on hard drives, disks, diskettes, punch cards, remote or on-line databases, microfilm, Magnetic tape, computer or like processes attaining similar results.
“Direct Mail Rights” – exclusive right to sell, or authorize others to sell, the Work through the medium of direct mail circularization or by mail order coupon advertising.
“Periodical Rights” – exclusive right, prior to publication of the Work in volume form, to publish, or authorize others to publish, the Work in whole or selections (including condensations and abridgments) therefrom.
“Dramatic Rights” – exclusive right to use, or authorize others to use, the Work or any portion thereof (including but not limited to characters, plot, title, scenes) in any stage presentation.
“Motion Picture Rights” – exclusive right to use, or authorize others to use, the Work or any portion thereof (including but not limited to characters, plot, title, scenes) in any motion picture.
“Television and Radio Rights” – exclusive right to use, or authorize others to use, the work or any portion thereof (including but not limited to characters, plot, title, scenes) in any motion picture.
“Videocassette and Audiocassette Rights” – exclusive right to use, adapt or otherwise exploit, or authorize others to use, adapt or otherwise exploit, the Work or any element thereof (including but not limited to characters, plot, title, scenes, settings, attire and physical characteristics) for any form of audio or audio-visual reproduction, including but not limited to videocassettes, video disks, and audiocassettes of any kind or configuration whatsoever, whether now in existence or hereafter devised.
“Commercial Rights” – exclusive right to manufacture, sell and otherwise distribute products, by-products, services, facilities, merchandise and other commodities of every nature or description, whether now in existence or hereafter devised, including but not limited to photographs, illustrations, drawings, posters and other artwork, toys, games, wearing apparel, foods, beverages, cosmetics, toiletries and similar items, which may refer to or embody the Work, or any derivative works based on the Work, including but not limited to characters, plot, title, scenes, settings, attire, and physical characteristics.
“Translation Rights” – exclusive right to authorize others to translate the Work in whole or in part, into foreign languages and to publish and sell such translations anywhere in the world.
“Photocopying Rights” – including the right to grant or withhold permission for the duplication of all or part of the Work by photocopying or other means.
“Other Rights” – including the right to disseminate, use, adapt or otherwise exploit, or authorize others to disseminate, use adapt, or otherwise exploit, the Work in any means of communication now in existence or hereafter devised.
“British Commonwealth Rights” – exclusive right to publish and sell and to authorize others to publish and sell the Work in the English language in the British Commonwealth as constituted as of the date of this Agreement.
Such grant of Primary and Secondary Rights shall be exclusive in the United States, its territories and possessions, Canada, Australia, New Zealand and the Philippine Islands; the rest of the world shall be an open market, and the publisher is free to make Internet or other sales to worldwide customers.
All rights not specifically granted herein to the Publisher shall be reserved to the Author. Such reserved rights shall include the right to grant to the purchaser thereof the privilege of publishing excerpts and summaries of the Work not to exceed in the aggregate seventy-five hundred (7500) words, for advertising, publicity and other commercial use. With respect to the reserved right of publication in magazines or newspapers after book publication, the Author agrees that if any such publication shall be in one (1) installment, not more than two-thirds (2/3) of the Work shall be so utilized. In the event of any such publication, the Author shall promptly notify the publisher thereof and supply the Publisher with two (2) copies of such publication. If any copyright therein shall be registered in the name of any person, firm or corporation other than the Author, the Author shall promptly deliver to the Publisher an assignment of such copyright. The Author shall not exercise or dispose of any reserved rights in the Work in such a way as to materially adversely affect the value of the rights granted to the
Publisher under this Agreement.
- The Author agrees to deliver to the Publisher, A COMPLETE COMPUTER GENERATED DOWNLOADABLE IN MICROSOFT WORD (ON COMPUTER DISK IN A FORMAT ACCEPTABLE TO PUBLISHER) MANUSCRIPT OF THE WORK IN THE ENGLISH LANGUAGE, MINIMUM 20,000 WORDS OR 80 PAGES TO A MAXIMUM 125,000 OR 500 PAGES IN LENGTH, ACCEPTABLE TO THE PUBLISHER IN FORM AND SUBSTANCE AND READY TO SET INTO TYPE. The Author agrees that the Author shall have retained copies of the manuscript as delivered to the Publisher. The published book will be available for distribution within approximately 4 weeks or less from the date this agreement is signed, in accordance with other terms of this agreement.
- Authorizations. The Author shall deliver written authorizations for the use of any materials owned by a third party included in the manuscript.
- Right to edit. The Publisher shall have the right to edit the Work for the original printing and for any reprinting, provided the meaning of the text is not materially altered, and shall have the right to publish and promote the Work in suitable style as to paper, printing, binding, cover and/or jacket design and to fix or alter title and price.
- Additional Materials. The Publisher retains the final right to determine whether or not photographs, charts, maps, drawings or the like (hereinafter collectively referred to as “Additional Material”) are necessary for the Work, and if necessary, how many. If the Author fails to deliver Additional Materials, in cases where any of these have been deemed by Publisher as necessary for the Work, the Publisher shall have the right, but shall not be obligated, to cause the same to be acquired or prepared and to charge the cost of such acquisition or preparation to the Author. The Publisher shall not be responsible for the loss or damage to any Additional Material and the publisher shall be under no obligation to insure same.
- Failure to deliver. If the Author fails to deliver the Work or all Additional Material within the time specified, or if the Author delivers the Work and all Additional Material and the Work or any of the Additional Material is not accepted by the Publisher as being satisfactory, the Publisher shall have the option to terminate this agreement; in which case upon receipt of notice of such termination, the Author shall, without prejudice to any other right or remedy of the Publisher, forthwith repay to the Publisher any guaranteed advance or any other sums theretofore paid to the Author. Upon such termination and repayment, all rights granted to the Publisher shall revert to the Author.
- Frontmatter and Backmatter. If, the Author has not so provided and if, in the reasonable judgment of the publisher, the Publisher feels that an index, bibliography, table of contents, foreword, introduction, preface (hereinafter referred to as “frontmatter and backmatter”) for the Work is necessary, the Publisher shall engage a skilled person to prepare such frontmatter and backmatter and the extra cost, IF ANY, shall be charged to the Author.
- United States. Unless otherwise agreed to in writing, the publisher will, in all published versions of the Work, place a Copyright Notice in a form and place that the Publisher believes complies with the requirements of the United States Copyright law, showing that the owner of the copyright rights in and to the Work is the Author. Publisher shall register said copyright at Publisher’s expense with the United
States Copyright Office.
- Foreign. Publisher may, but shall not be obligated to, copyright the Work in such other countries as it may determine. Such notice shall not be construed as in any way affecting or diminishing any of the rights granted to the Publisher under this Agreement.
- Documents. The Author shall execute and deliver to the Publisher any documents necessary or desirable to evidence or effectuate the rights granted to the Publisher under this Agreement. The “copyright laws” shall be construed to be those now or hereafter in force in the Territory.
- The Author represents and warrants to the Publisher that: (i) the Work is not in the public domain; (ii) the Author is the sole proprietor of the Work and has full power, free of any rights of any nature whatsoever in any one that might interfere therewith, to enter into this Agreement and to grant the rights hereby conveyed to the Publisher; (iii) the Work does not, and if published will not, infringe upon any proprietary right at common law, or any statutory copyright, or trademark right, or any other right whatsoever; (iv) the Work contains no matter whatsoever that is obscene, libelous, in violation of any right of privacy, or otherwise in contravention of law or the right of any third party; (v) all statements of fact are true or based upon reasonable research; (vi) the Work, if biographical or “as told to the Author”, is authentic; and (vii) the Author will not hereafter enter into any agreement or understanding with any person, firm, or corporation that might conflict with the rights herein granted to the Publisher.
- If the Publisher makes an independent investigation to determine whether the foregoing warranties and representations are true and correct, such investigation shall not constitute a defense to the Author in any action based upon a breach of any of the foregoing warranties.
- The Author shall indemnify, defend and hold the Publisher, its subsidiaries and affiliates and its and their respective agents, officers, directors and employees harmless from any claims, demands, suits, actions, proceedings or prosecutions based on facts which, if true, would constitute a breach of any of the foregoing warranties (hereinafter collectively referred to as “Claims”) and any liabilities, losses, expenses (including attorney’s fee) or damages in consequence thereof.
- Notice. Each of the parties hereto shall give the other prompt written notice of any Claims.
- Publisher approval. No compromise or settlement of any claim, demand or suit shall be made or entered into without the prior written approval of the Publisher.
- Security. In the event any suit is filed, the Publisher shall have the right to withhold payments due the Author under the terms of this Agreement (except any portion of the advance) as security for the Author’s obligations as stated above.
- Extension. The benefit of the Author’s warranties and indemnities shall extend to any person, firm or corporation against whom any such claim, demand or suit is asserted or instituted by reason of the publication, sale or distribution of the Work as if such representations and warranties were originally made to such third parties. The warranties and indemnities as stated herein shall survive termination of this Agreement.
PUBLICATION OF THE WORK
The Publisher agrees that the Work, if published, shall be published at its own expense and under such imprint as it deems suitable.
PROOFREADING AND CHANGES IN PROOF
The Publisher shall furnish the Author with a proofed galley of the Work. The Author agrees to read, correct and return all proof sheets within seven (7) days of receipt thereof. If any changes in the proof, digital file, photos or the printing plates (other than corrections of printer’s errors) are made at the Author’s request, a charge for any actual cost incurred (exclusive of the cost of setting corrections) shall be borne by the Author. The Publisher shall give the Author prompt notice of any amounts charged to the Author under this Paragraph. If the Author fails to return the proof within the time specified above, the Publisher may publish the Work without the Author’s approval of the proof.
The Publisher shall not pay to the Author any advance against all royalties and other payments to be earned as royalties from this Agreement.
Primary Rights. For hardcover and/or soft cover trade editions that may be published by the Publisher, the Publisher shall credit the Author’s account with the following royalties:
(a) Regular sales. On all net copies sold, except as provided below, a royalty of twenty five percent (25%) of the net receipts (invoiced amount excluding shipping, sales tax) of Publisher’s United States list price (“List Price”).
(b) Export sales. On all net copies sold for export, a royalty of ten percent (10%) of the amount that the Publisher receives.
(c) Slow sales. On all net copies sold in any six (6) month accounting period in which the regular sales do not exceed two hundred and fifty (250) copies, provided that such copies are from a reprinting made two (2) years or more after first publication, a royalty equal to two-thirds (2/3) of the royalty specified. This provision is made for the purpose of keeping the Work in print and in circulation as long as possible.
(d) Bulk sales. On all copies sold to the Author (or the non-profit organization he represents, directly or through an agent) as a “Bulk sale” no royalties shall be paid.
(e) Remainder sales. On all copies destroyed, given away or sold at or below cost, no royalties shall be paid. Upon the first occurrence of either destruction, give away or sale at or below cost, the Publisher shall present the Author with two (2) free copies of the Work. On overstocks or damaged copies, a royalty of ten percent (10%) of the net amount that the Publisher receives in excess of manufacturing cost, if the Publisher, at its option, disposes of all or a part of the stock at the best prices it can secure.
(f) Publisher’s United States list price. As used herein, the term “Publisher’s United States list price” or “List Price” refers to the sale price established by the Publisher before addition of a factor to cover the cost of freight (or handling charges for mail order sales) and which appears on the jacket or cover of the Work (“cover price”) and may appear in connection with promotion or advertising of the Work.
SECONDARY (SUBSIDIARY) RIGHTS
The Publisher shall credit the Author’s account with the following percentage of net proceeds received for the disposition of Secondary Rights:
- First Periodical Rights Fifty percent (50%)
- Second Periodical Rights Fifty percent (50%)
- Condensation Rights Fifty percent (50%)
- Anthology Rights Fifty percent (50%)
- Book Club Rights Fifty percent (50%)
- Dramatic Rights Fifty percent (50%)
- Motion Picture Rights Fifty percent (50%)
- Television Rights Fifty percent (50%)
- Radio Rights Fifty percent (50%)
- Translation Rights Fifty percent (50%)
- Merchandising Rights Fifty percent (50%)
- Other Secondary Rights not recited above Fifty percent (50%)
The Publisher shall credit the Author’s account with 25% of the list price of products sold.
The Publisher shall render to the Author or his or her duly authorized representative (for example, a literary agent) on or before April 30 and October 31 of each year, beginning the first year after publication, statements of net sales up to the preceding December 31 and June 30 respectively and, if the earned royalties exceed the guaranteed advance royalties and the amount withheld and deducted by the publisher pursuant to this Agreement, the Publisher shall make simultaneous settlement in cash. However, if such balance is less than twenty five dollars ($25.00), no accounting or payment shall be required until the next settlement period in which the balance has reached twenty five dollars.
RESERVE AGAINST RETURNS
In making accountings, the Publisher shall have the right to allow for a fifteen percent (15%) reserve against returns. If royalties in excess of the guaranteed advance payment have been paid on copies that are thereafter returned, the Publisher shall have the right to deduct the amount of such royalties on such returned copies from any future payments under this Agreement.
RESERVE AGAINST CLAIMS
In the event of a Claim against the Publisher that, if sustained, would constitute a breach of any of the Author’s representations and warranties pursuant to this Agreement, the Publisher shall have the right to withhold royalties and any other payment that may be due pursuant to this Agreement pending a final determination thereof. The Publisher shall have the right to apply any of said withheld royalties and other payments then or thereafter accruing hereunder in reduction of the obligation of the Author. If a suit shall not be commenced for a period of six (6) months from the assertion of a Claim, all withheld royalties and any other payments shall be payable at the end of the next succeeding accounting period.
If the Publisher considers it necessary in the best interests of the Work, the Author agrees to revise the Work on request of the Publisher. The provisions of this agreement shall apply to each revision of the Work by the author as though that revision were the work being published for the first time under this agreement, except that the manuscript of the revised work shall be delivered in final form by the Author to the Publisher within a reasonable time after request for revision. Further, no initial payment shall be made in connection with such revision. Should the Author not provide a revision acceptable to the Publisher within a reasonable time, or should the Author be deceased, the Publisher may have the revision done and charge the cost of such revision against royalties due, or that may become due, the Author, and may display in the revised work, and in advertising, the name of the person, or persons, who revised the work.
The Publisher shall furnish to the Author, two (2) free copies of each edition of the Work published by the Publisher.
BULK SALES TO AUTHOR
The publisher will sell to the author copies of the work at a price of actual cost from the manufacture plus 10%. Author will pay for the actual shipping cast
DISCONTINUANCE OF PUBLICATION
If the Work goes out of print in all United States editions and if the Publisher fails to reprint, or to cause a licensee to reprint, a United States edition within six (6) months after receipt of written notice from the Author, unless prevented from doing so by circumstances beyond the Publisher’s control, the Author may terminate this Agreement by written notice. Upon such termination, all rights granted hereunder, except the rights to dispose of existing stock, shall revert to the Author, subject to rights which may have been granted to third parties pursuant to this Agreement, and the Publisher shall be under no further obligations or liability to the Author except that the Author’s share of earnings hereunder shall be paid when and as due. The Work shall not be deemed “out of print” within the meaning of this Paragraph as long as it is available for sale either from stock in the Publisher’s or licensee’s warehouse or in regular sales channels and electronic channels such as Kindle Books, Amazon Books, Barnes and Noble, Create Space, Smashwords or other channels that may become available.
INFRINGEMENT OF COPYRIGHT
If during the existence of this Agreement the copyright shall be infringed or a claim for unfair competition shall arise from the unauthorized use of the Work or any part thereof, but not limited to, the format thereof or the characters or situations contained herein, and if the parties proceed jointly, the expenses and recoveries, if any, shall be shared equally, and if they do not proceed jointly, either party shall have the right to prosecute such action, and such party shall bear the expenses thereof, and any recoveries shall belong to such party. If such party shall not hold the record title of the copyright, the other party hereby consents that the action be brought in his or her name. The Publisher shall not be liable to the Author for the Publisher’s failure to take such legal steps.
RIGHTS SURVIVING TERMINATION
In the event of the termination of this Agreement as elsewhere herein provided, any rights reverting to the Author shall be subject to all licenses and other grants of rights theretofore made by the Publisher to third parties, and to the rights of the Publisher to proceeds of such licenses and grants.
Regardless of the place of its physical execution, this Agreement shall in all respects be interpreted, construed and governed by the laws of Nevada.
MODIFICATION OR WAIVER
This agreement, combined with the Distribution Agreement, constitutes the complete understanding of the parties. This Agreement may not be modified or altered except by written instrument executed by the Author and the Publisher. No waiver of any term or condition of this Agreement or of any breach of this Agreement or of any part thereof, shall be deemed a waiver of any other term or condition of this Agreement or of any later breach of the Agreement or of any part thereof. Any written notice required under any of the provisions of this Agreement shall be deemed to have been properly served by delivery in person to the Author or by mailing such notice to either of the parties hereto at the addresses set forth above, except as the addresses may be changed by notice in writing. Notices mailed to publisher shall be sent in duplicate with one copy addressed to the company and the other addressed to the “Corporate Secretary.” Mailed notices shall be sent by registered or certified mail, return receipt requested.
EXECUTION AND DELIVERY OF CONTRACT
If this Agreement shall not be signed by the Author, or his or her agent, and returned to the Publisher within a period of five (5) days from the date of its transmittal to the Author, the Publisher shall have the option to withdraw its offer of agreement. Publisher retains the right to withdraw its offer of agreement prior to delivery of the signed agreement to the Publisher by the Author.
CAPTIONS AND MARGINAL NOTES
Captions and marginal notes are for convenience only and are not to be deemed part of this Agreement.
This Agreement shall be binding upon the heirs, executors, administrators or assigns of the Author, and the successors, assigns and licensees of the Publisher, but no assignment by either party, other than an assignment by operation of law or by the Publisher to an affiliate of the publisher, shall be made without the prior written consent of the other party.
USE OF AUTHOR’S NAME
The Publisher shall have the right to use, and to license others to use, the Author’s name, likeness and biographical material for the purpose of advertising, publishing and promoting the Work.
BANKRUPTCY AND LIQUIDATION
If the Publisher is adjudicated as bankrupt or liquidates its business, this agreement shall thereupon terminate, and all rights granted to the Publisher shall automatically revert to the Author. Upon such termination, the Author, at his or her option, may purchase the digital media, film, plates and other manufacturing materials as well as any remaining book stock for one-half of their manufacturing costs. This option must be exercised by the Author within sixty (30) days of notice by the Publisher.
If any difference shall arise between the Author and the Publisher touching the meaning of this Agreement or the rights and liabilities of the parties thereto, the same shall be referred to the arbitration of three persons (one to be named by each party) or their mutually agreed umpire, in accordance with the Rules of the American Arbitration Association; judgment on the award rendered may be entered in any court having jurisdiction thereof.
In any action upon this agreement, including litigation and arbitration, the party which prevails will have all attorneys’ fees and costs paid by the losing party.
This agreement and referenced attachments constitute the entire contract of the parties hereto and supersedes any prior agreement between the parties. Terms and conditions of this agreement may be modified only by mutual written agreement signed and dated by both parties.