eBook Contract for Imajin Books
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Here is a copy of our ebook contract (updated February 2012:
Imajin
Books Author Agreement Contract - Ebook
This agreement dated on the ____ day of _________________,
20___, between _______________________________
("Author") and
Imajin Books ("Publisher) represents
the purchase of electronic publishing
rights to the "Work" known as:
_________________________________________________________________.
A. REPRESENTATIONS AND WARRANTIES
1. The Author warrants that this Work is original,
created by the Author, and that the Author has legal authority to grant the
rights in section B.
2. The Author represents and warrants that the Work is
not in the public domain and the Author is the sole owner and copyright holder
of the Work.
3. The Work is free and clear of any charges of
copyright infringement or any other charges, including libel. The Work does not
infringe upon any rights, including proprietary, statutory law or common law.
4. The Work is free of any legal and binding
publishing contracts by other publishers, including the Author, acting as
self-publisher. If it has been previously published in whole or in part by
another publisher, the Author has received a letter of rights reversion from
the previous publisher and is legally permitted to enter into this agreement.
5. The Work is not currently available as a free
download in full or part anywhere on the Internet, nor is it available in full
or part on the Author's website, blog or social networks.
6. The Author releases Publisher from any
responsibilities, fees or legal charges relating to any legal actions,
including charges of plagiarism, incurred by the contents of the Work or by the
actions of the Author.
B. GRANT
1. The Author grants the Publisher the right to
publish the Work in all worldwide English language electronic book (also known
as "e-book", "ebook" or "digital") editions,
including enhanced e-books, large print and any future formats/technologies for
the duration of the contract term, as well as the following rights granted by
the Author:
2. The right to contract with retailers and
distributors, as well as any other retail venue, to sell and/or promote the
Work.
3. The right to sell the Work for a period of five (5) years from the date of
signed contract.
4. The right to have first option to offer an
agreement with the Author for continued publication rights to the Work on terms
to be mutually agreed upon, once the existing contract term has ended. If an agreement
is not reached within sixty (60) days of the expiration of this contract, all
rights to the Work automatically revert to the Author.
5. The right to use the Author's name and image
(photos provided by Author) in all marketing or promotion, in print or online.
Author's
Initials: ___________
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C. advance
and Royalties
1. The Publisher will pay the Author an advance
against future sales of $75.00. This
advance will be deducted from the first royalty payment or from subsequent
royalties if needed to recoup the full $75 advance.
2.
On copies of English language
electronic editions of Work sold worldwide, the Author will receive 50% (fifty percent) of royalty
income collected by Publisher from various retailers, including Amazon and any
others, now or in the future.
3. Royalty payments are paid quarterly, approximately 6-8
weeks after quarter ends. Quarter 1: ends last day of March; Quarter 2: ends
last day of June; Quarter 3: ends last day of September; Quarter 4: ends last
day of December.
D. STATEMENTS
1. Statements detailing the Author's sales will be
issued at the same time as royalty payments and may be sent via email or
regular mail, at the Publisher's discretion.
E. MANUSCRIPT AND DELIVERY
1. The Author agrees to deliver the Work in the form
of a Microsoft Word document in its final revised form, abiding by formatting
guidelines set by Publisher. If, in the opinion of the Publisher, the Work is
unsatisfactory, the Publisher may return the Work to the Author for prompt editing.
If the editing is not returned by the Author within twenty-one (21) days, the
Publisher may publish the manuscript after editing in house is completed or the
Publisher may reject the Work and will not be obligated to publish the Work, in
which case this agreement will be deemed terminated and all rights will revert
to the Author.
F. EDITING RIGHTS
The
Publisher and its agents or employees have the right to edit the Work,
including changes, deletions, additions, and reserve the right to change the
title of the Work, though the Publisher will do everything to obtain a verbal
or written agreement from the Author as to these changes.
G. Other
rights, including print
1. Print and other rights are not being pursued by
Publisher at this time.
2. The Author may pursue print and other subsidiary
rights not covered by this contract for this Work.
3. If a print contract is obtained by another
publisher, the Author will notify Imajin Books immediately and the Work will
not be considered for print publication.
H.
Copyright
1. The Author holds the copyright to this Work and should
file at any copyright office in the country of their residence. This is highly
recommended but optional; copyright is legally in effect the moment an Author
writes any work.
Author's
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I. BOOK COVER DESIGN AND BOOK TITLE
1. The Publisher reserves the right to change the
title of the Work, after discussing the reasons for this change with the
Author.
2. All book covers are created by Imajin Books or by
its employees or contracted graphic designers, and the Publisher will have
final say on the cover, although the Author will be consulted on the design and
will have input.
3. Book covers remain the property of the Publisher.
Jpg copies of the cover will be provided via email attachments to the Author
from the Publisher or cover designer.
4. The Author is granted the right to use the book
covers provided by the Publisher, without alteration other than resizing.
5. If this agreement is terminated, the rights to the
book cover and all elements of its design remains with the Publisher and the
cover may not be used by the Author with any other publisher or via self-publishing
means.
6. If the Author would like to purchase the cover,
that can be discussed upon termination of this contract.
J. PUBLICATION
1.
The Publisher agrees to publish
and commence distribution of said Work in digital or electronic format within
twelve (12) months of delivery of the Author's final manuscript, unless
prevented by circumstances beyond the Publisher's control, or unless otherwise
agreed with the Author. In the event the Publisher fails to publish and
distribute the Work by said date, the Author shall have the option to terminate
this agreement upon seven days notice from the Author to the Publisher, and all
rights hereunder shall revert to the Author.
K.
Copyright infringement
1. In the event of a third-party infringement of the
rights granted under this agreement to the Publisher, the Author shall have the
right to sue jointly with Publisher for the infringement and share in any
recovery compensation, after deducting all expenses associated with bringing
the lawsuit to court.
L. BANKRUPTCY AND INSOLVENCY
1. If a petition of bankruptcy is filed by or against
the Publisher, or if it is judged insolvent by any court, or if the Publisher
should liquidate or close its business for any reason, this agreement shall
terminate immediately without notice and all rights granted shall revert to the
Author. Every effort will be made by the Publisher to withdraw ebook from
publishing/retail venues in a timely manner, and any royalties collected for
this Work will be paid to the Author within six (6) months of collection from
retailers.
Author's
Initials: ___________
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M. MARKETING & PROMOTION
- The Author agrees to market and promote
his/her book extensively during the first year of publication, including
blogging and using social networks. The Author will use all promotional
materials the Publisher supplies, including book covers, trailers,
promotional ads etc on authors' websites and blogs. At times the Publisher
will advise or evaluate the Author's marketing efforts and will offer
possible solutions to improve the Author's sales; the Author will maintain
a professional work ethic and adjust marketing efforts according to
Publisher's suggestions. The Publisher will at no time demand the Author
pay for any kind of promotion, but may at times suggest opportunities.
(Note: As with any business venture, authors should expect to invest money
into their business.)
This
contract constitutes the entire agreement between the Author and Publisher. It
may only be altered or amended when agreed upon and signed by both parties.
Please Print Clearly:
Author's Legal* Name: ___________________________________________________________
Street Address: _________________________________________________________________
City, Province/State:
_____________________________________________________________
Country: ______________________________________________________________________
Phone Number:
_________________________________________________________________
Email Address (Correspondence):
___________________________________________________
Agent's Name:
__________________________________________________________________
Email Address (PayPal - agent or author): ____________________________________________
Pen Name:
_____________________________________________________________________
Date:
________________________________________
Author's
Legal* Signature:____________________________________________________________
Authorized
by: ______________________________________________ Publisher, Imajin Books
