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Jim Lyon BOOK PUBLISHING AGREEMENT
This agreement is made between Wordwooze Publishing, herein called Publisher, and
, herein called Author, as respects the book entitled , herein called the
Work.
I. Publishing Rights:
Author agrees to grant to Publisher English language audiobook rights in all countries
throughout the world. All rights in the Work not specifically granted to Publisher in this
agreement belong to the Author.
II. Author Warrantee:
Author warrants to have written and be the sole owner of the Work or has been assigned
the rights delineated above; that it is original and contains no matter unlawful in its
content, nor does it violate the rights of any third party; and that the Work is not in the
public domain. Author also warrants that these rights are owned or controlled by Author
without encumbrance and that Author has full power to grant the above rights to
Publisher.
If the Work has been previously published as an audiobook, Author warrants that the
rights granted herein have reverted to Author. As an addendum to this agreement, Author
shall present proof documenting the reversion of the rights granted by any publishing
company that may still own proprietary rights to the audiobook.
If a judgment is obtained against Publisher for usurping rights still controlled by a
publisher or entity other than Publisher or Author, the Author agrees to hold Publisher
harmless and to indemnify Publisher for reasonable damages and costs. If Publisher
prevails against a suing party or resolves the matter by out of court settlement, Author
agrees to indemnify Publisher for defense and settlement costs.
III. Royalties:
For each copy of the Work sold, Publisher shall pay Author half of all revenues received
from its distributors.
Publisher will provide the Author with monthly sales figures electronically and will pay
Author royalties quarterly 45 days after the end of each calendar quarter, so long as there
is a minimum of fifty dollars ($50.00) in royalties due to Author. If there is less than
$50.00 due to Author, the amount due may be held over until such time as there is an
amount of $50.00 or greater due to Author.
Author understands that sales through retail outlets will be reported in the month for
which payment is actually received by Publisher and that other terms and conditions
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notwithstanding, Publisher is in no way obligated to pay royalties from said outlets until
and unless it receives such payment.
When the royalties of an author living in the United States reach $600.00 or higher in any
calendar year, Publisher may provide a 1099 statement of royalty earnings. If sales in any
calendar year are under $600.00, the Publisher may issue a 1099 at its discretion.
Payment of taxes on royalties is the sole responsibility of the Author whether or not a
1099 is issued.
If the Author should die before all royalties due under this Agreement have been paid,
Publisher shall continue to pay said royalties to Author’s heirs, assigns, or beneficiaries
upon proof of their right to receive payment.
It is the Author’s responsibility to communicate via email with the Publisher any change
in Taxpayer Identification Number or Social Security Number, postal mailing address,
telephone number(s), or email address. If the Author fails to advise Publisher of any
changes in the above that prevent the timely payment of royalties, the Publisher is
authorized to hold, without penalty, payment of royalties until current information is
received. If a check sent by postal mail or delivery service is returned as undeliverable or
an electronic funds transfer is rejected, the Publisher shall first attempt to contact Author
by all existing contact information before withholding payment of royalties.
IV: Term of Agreement:
The term of this Agreement shall be seven (7) years. The Agreement shall be
automatically extended at the end of that period and continue indefinitely. Publisher or
Author may cancel the agreement at any time after the initial term with thirty (30) days’
written notice delivered via email and acknowledged by the other party.
Upon termination, all rights granted Publisher hereunder shall automatically revert to the
Author. Upon such termination, Publisher shall have sixty (60) days to remove copies
from sale at all outlets and be responsible for paying Author royalties on sales received
during this period according to the schedule in Section V.
Cover Art: Author shall provide cover art at Author’s expense. Author warrants that
Author has permission to reproduce the proposed cover art from the copyright owner or
that the cover art is in the public domain. Author is responsible for formatting art in an
appropriate graphics format of suitable reproduction quality.
VI. Author’s Name or Pseudonym:
The Author has the exclusive right to the use of Author’s name or pseudonym listed as
the Author in connection with this Work. Publisher will not prevent Author from using
the same name or pseudonym for any other publisher or for any other book genre.
Publisher will have a non-exclusive right to use Author’s name or pseudonym and any
biographical material supplied to Publisher for the purposes of advertising, publishing,
and promoting the Work.
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VII. Ownership of Characters:
Author owns rights to all characters and backgrounds created for use in Work and
controls their use in sequels or series books, whether published by Publisher or another
publisher. Publisher will have a non-exclusive right to use the title of the Work and all
material, including characters in the Work, for the exclusive purpose of advertising,
publishing, and promoting the Work. Nothing in this agreement shall be construed to
obligate the Author to submit any additional, related, or unrelated works to Publisher.
VIII. Publisher’s Name and Trademark:
The Author may, with Publisher’s permission, have limited use of Publisher’s name,
website address, trademarks, etc., for promotional purposes on behalf of the Work.
Author may use the cover art in promotional material. Publisher’s provided cover art may
not be used by other publishers at any time without express permission from Publisher.
Any remuneration for the use of this cover art will be separately negotiated between
publishers.
IX. Promotion and Promotional Materials:
Author’s biographical information: Author may, at Author’s sole discretion, provide
Publisher with a biographical sketch and photograph for use in promoting the Work.
Blurb: Author shall provide Publisher with a blurb describing the book suitable for use in
promoting the Work. Publisher reserves the right to edit as necessary for length or
content.
Author copies: The Publisher shall provide the Author with one (1) promotional code.
Additional promotional codes may be provided upon request. Publisher has the right to
provide promotional codes to others for the purpose of obtaining book reviews. Royalties
will not be paid on promotional codes.
Reviews: Publisher and Author agree to supply each other with digital copies of any
professional reviews, which may at their individual discretion be used to promote the
book. Neither Author nor Publisher is required to provide the other with copies of “reader
reviews” voluntarily posted by consumers at any online vendor.
Promotion: Publisher will publicize the Work through such Internet avenues of
promotion as it deems fit.
X. Narrator Selection:
Publisher will make a good effort attempt to acquire a narrator at no cost. If this effort is
unsuccessful or if Author desires to pay for a narrator, Publisher agrees to complete
production in the customary manner and is not responsible for compensating narrator
and/or sound engineer.
XI. Author/Publisher Indemnification:
Author shall indemnify, defend, and hold harmless Publisher and its owners, distributors,
editors, officers, agents, and representatives, and the Publisher shall indemnify, defend,
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and hold harmless the Author from any and all claims, debts, demands, suits, actions,
liens, proceedings, and/or prosecutions (“Claims”) based on allegations which, if true,
could constitute a breach of any of the foregoing warranties, and any and all liabilities,
losses, damages, and expenses including, but not limited to attorney’s fees and court
costs. Each party to this Agreement shall give prompt notice to the other party of any
Claims. No compromise or settlement of any such Claim shall be made or entered into
without the prior written approval of the Author and Publisher. If a Claim is filed,
Publisher shall have the right to suspend payments otherwise due to Author under the
terms of this Agreement as security for Author’s obligations under this section.
XII. Insolvency of Publisher, Sale of Publisher, Reversion of Rights:
Insolvency: If the Publisher files for protection under Bankruptcy Laws, all rights
delineated in Section I shall immediately revert to the Author. If the bankruptcy filing
involves a reorganization and Publisher continues to operate during the reorganization,
Author and Publisher may agree in writing to continue this agreement under the same or
revised terms.
If the Publisher suspends operations, other than a temporary suspension for technical
difficulties such as a loss of web server, all rights delineated in Section I shall
immediately revert to the Author. If the Publisher’s operations are ordered suspended by
any governmental entity, all rights shall immediately revert to the Author. If the
suspension is lifted and operations resume, Author and Publisher may agree in writing to
continue this agreement under the same or revised terms.
If the Publisher sells its assets to another publisher that markets or plans to market and
promote books of the type and genre of the Work, the successor publisher will be bound,
as a minimum, to the same terms delineated in this agreement. If the successor publisher
does not market or plan to market and promote books of the type and genre of the Work,
all rights delineated in Section I shall revert to the Author not more than thirty days after
the sale of Publisher.
XIII. Copyright Infringement:
Publisher is not obligated to initiate legal proceedings should a Claim arise regarding a
third party infringing the Author’s or Publisher’s rights. If such a Claim arises, Author
and Publisher may sue either jointly or severally. Publisher shall not be held liable for
failing to take action upon a Claim.
XIV. Disputes:
Any disputes or disagreements which the parties hereto are unable to resolve between
themselves shall be settled via arbitration in accordance with the guidelines of the
American Arbitration Association.
XV. Signatures:
IN WITNESS WHEREOF, Author and Publisher have executed this agreement on the
day and year below, to be effective immediately.
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The foregoing constitutes our sole and complete agreement and may not be altered except
by mutual consent in writing.
AGREED:
Author
Date:
Pen name:
Address 1:
Address 2:
Country:
Email:
Telephone 1:
Telephone 2:
AGREED:
Publisher
Date:
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