Version 1.0
This Publishing Agreement (“Agreement”) is made effective as of [insert date], by and between Éditions Emile (“Publisher”), and [insert name(s)] (“Contributor(s)”), concerning a work currently titled [insert title], described as [insert description of subject matter, length, etc.] (“the Work”).
GRANTING OF RIGHTS
- Rights Granted The Contributor(s), on behalf of themselves and their heirs, executors, administrators, successors, and assigns, grant the Publisher a non-exclusive, perpetual right to reproduce and distribute the Work in all existing and future formats and media, including but not limited to print, digital, electronic, audio, and video, in any language.
- Reuse of the Work
The Contributor(s) permit third parties to reuse the Work in full or in part under the following conditions: [insert terms] - Retention of Rights
All rights not specifically granted herein remain the sole property of the Contributor(s). The Contributor(s) retain ownership of the Work’s intellectual property and may use, license, or sell the Work’s content, ideas, or concepts. - Territory
The rights granted to the Publisher in this Agreement may be exploited globally.
COMPENSATION
- Payment
The Publisher agrees to pay the Contributor(s) a one-time sum of [insert figure] upon acceptance and delivery of the Work, and upon signing of this Agreement. No royalties will be paid. - Contributor Copies
The Contributor(s) will receive [insert quantity] complimentary copies of the published Work.
PUBLICATION AND PROMOTION
- Editing
The Publisher may edit or revise the Work as necessary for the purposes outlined in this Agreement. The Contributor(s) shall review and request alterations to ensure the final version is reasonably acceptable. - Production & Distribution
The Publisher reserves the right to determine all production and promotional aspects of the Work, including design, format, title, price, and distribution methods. - Proofs.
Page proofs will be provided to the Contributor(s), who must return them with any corrections within 20 business days. If changes beyond typographical corrections are requested, costs may be charged to the Contributor(s). Failure to respond within the stated time frame allows the Publisher to proceed with publication. - Time of publication
The Publisher will determine the publication date of the Work. - Marketing and Promotion
The Publisher will consult with the Contributor(s) on promotional strategies but retains final authority over all marketing decisions. - Use of Contributor’s Identity.
The Publisher may use the Contributor’s name, likeness and professional biography for promotional purposes.
INTELLECTUAL PROPERTY AND MORAL RIGHTS
- Copyright Notice
The Publisher will include a copyright notice and attribution of moral rights in all versions of the published Work, in a format it deems appropriate. - Copyright Enforcement
The Contributor(s) maintain the sole right to pursue claims for copyright infringement at their discretion and expense. Any recovery will belong solely to the Contributor(s). The Publisher must notify the Contributor(s) of any suspected infringement.
WARRANTIES, REPRESENTATIONS, AND INDEMNITIES
- Contributor Warranties
The Contributor(s) affirm that:- they have the authority to enter into this Agreement;
- the Work does not infringe on any third-party rights;
- the Work contains no unlawful, obscene, or libellous content;
- factual content is accurate and based on diligent research;
- any guidance or advice is safe and sound; and
- if biographical or co-written, the Work is authentic.
- Publisher Indemnity
The Contributor(s) agree to indemnify and hold harmless the Publisher and its affiliates against claims arising from breaches of warranties or representations made in this Agreement. All such indemnities extend to third parties and remain in effect even after termination of this Agreement.
TERMINATION
- Termination by the Contributor(s)
The Contributor(s) may terminate this Agreement after publication if dissatisfied with the Publisher’s conduct. Written notice outlining the issue must be provided, after which the Publisher has six months to remedy the issue. If unresolved, the Contributor(s) may provide final notice of termination in writing. Termination takes effect three months after a final notice is sent.- If the Contributor(s) request termination prior to print production and publication they may be held liable for all relevant cost’s already incurred by the Publisher.
- Termination of the Agreement by the Publisher
The Publisher may terminate the Agreement post-publication under the same conditions and notice periods as outlined above in Article 16. Contributors remain entitled to any unpaid compensation. - Reversion of Rights
Upon termination, the Publisher may continue to dispose of existing print stock of the published Work. Once existing stock has been disposed, all rights granted to the Publisher in this agreement revert to the Contributor(s).- Contributor(s) may purchase all remaining print copies within one month of termination at the actual cost of production to the Publisher, plus handling and shipping fees.
- The Publisher may destroy or dispose of all production files as it sees fit.
GENERAL PROVISIONS
- Entire Agreement
This Agreement constitutes the full understanding between the parties and overrides all prior communications. - Notices
All notices shall be made via email or recorded delivery to the addresses provided below. Parties are responsible for keeping their contact details current. - Successors and Assigns
This Agreement binds the legal successors, assigns, and heirs of both parties. - Applicable Law
This Agreement shall be governed and interpreted in accordance with the laws of the Bailiwick of Jersey. - Dispute Resolution
Both parties shall, in good faith, first attempt to resolve disputes through negotiation or ADR.
SIGNATURES
The Agreement is signed by the Contributor(s) and Publisher on [insert date].