Издательский лицензионный договор

Rosa
Дык в Интернете полно таких договоров (правда - многие - платные). Вот, например, парочка+инструкция, как составлять такой договор (что необходимо предусматривать):
MEMORANDUM OF AGREEMENT
made this first day of January, A. D. 2008, by and between George T. Smith, party of the first part, and The Massachusetts Publishing Company, of Boston, Massachusetts, Booksellers and Publishers, party of the second part. The said George T. Smith in consideration of the agreements of the said The Massachusetts Publishing Company, hereinafter contained, hereby agree with them, and their representatives and assigns, that he will properly prepare for the press a work to be entitled The Ups and Downs of Life (title subject to change by mutual agreement).
That the said The Massachusetts Publishing Company are authorized to copyright said work in their own name (or in the name of said Smith), and to procure any renewal of same for the said Smith or his heirs; that the expense of procuring copyright is to be borne by the said Smith; that the said book shall not violate or infringe any copyright of others, and that he will, at his own expense, protect and defend said book from any adverse claims that said book infringes any copyright, and he will indemnify and save harmless said The Massachusetts Publishing Company from all damage, costs, and expenses arising to them by reason of any such infringement or claims that the said book infringes any copyright; that he will license and allow the said The Massachusetts Publishing Company and their representatives and assigns, but no other party or parties, to print, publish, and sell the aforesaid book, and any revisions of the same, in such editions as the demand may require, during the continuance of any copyrights or renewals thereof which may be obtained therefor,— provided, however, that the said The Massachusetts Publishing Company, and their representatives and assigns, shall in substantial good faith keep and perform their agreements hereinafter contained;— and that during the continuance of the exclusive rights hereby granted, he will with all reasonable diligence superintend, in the usual manner of authors, the preparation for the press of any new edition thereof; and will not prepare, edit, or cause to be published in his name or otherwise, anything which may injure or interfere with the sale of the aforesaid book.
The said The Massachusetts Publishing Company, in consideration of the foregoing agreements of the said George T. Smith, hereby agree on their part that they will, after the delivery to them of the manusсriрt thereof as aforesaid, secure a good and valid copyright thereof, and print and publish an edition of said book, ten copies of which they will deliver to the said Smith) for his own use without charge; that they will endeavor to secure the sale of all editions published by them; that they will pay unto the said Smith or his representatives or assigns, a royalty of ten per cent of the published price of said book, in the usual cloth and paper covers respectively. An account of copies sold up to the first day of January and to the first day of July of each year shall be made up semi annually and royalties therefor paid to the said Smith within thirty days from the first day of February and of August of each year.
(Other conditions appear here.)
It is further agreed that from any sum to be paid to the said Smith shall first be deducted the cost of any alterations or corrections exceeding ten per cent of the cost of first setting up the type made by the said Smith in said book, after the portion altered or corrected is in type. It is understood and agreed that such copies as may be given to the said Smith and such other copies as may be used for presentation to editors and others for the purpose of obtaining reviews and notices, or otherwise to promote the sale of the book, shall be free from royalty. The publishers shall sell to the author any copies of said book which he may wish for his own purposes, at as low a rate as they sell similar quantities to the general trade. It is further agreed by and between the parties hereto, that if at the expiration of three years from the date of publication, or later, the publishers shall determine that there is not sufficient sale for the work to enable them to profitably continue its publication and sale, then they shall be privileged to dispose of the copies remaining on hand, as they deem best, free of copyright (it being understood that the party of the first part shall have the option of taking said copies at cost of manufacture). It is further understood and agreed that upon all copies of said book sold outside of the United States the royalty shall be five per cent of the published price, and it is also agreed that upon any edition published for schools and supplementary reading the royalty shall be six per cent of the published price. It is further agreed that the said The Massachusetts Publishing Company shall have the sole right to give permission to print or publish extracts from the said work, and to arrange for its serial publication in newspapers or other periodical publications, but that any sums derived from the same shall be equally divided between the parties of the first and second part, also that no dramatization of the said work shall be made unless the parties of the first and second part shall jointly consent thereto, and that in the event of such dramatization being produced all sums received therefor shall be paid to the said The Massachusetts Publishing Company and shared equally with the party of the first part, payments to be made semi annually by the said The Massachusetts Publishing Company within thirty days from the first day of February and of August of each year.
(Further conditions may be written here.)
IN WITNESS WHEREOF the said parties have hereto, and to another instrument of like tenor, set their hands the day and year first written. The Massachusetts Publishing Co., By William R. Black, President. George T. Smith.
PUBLISHING CONTRACT
THIS AGREEMENT made this first day of January, 2008, by and between George T. Smith of Boston, Mass., party of the first part, hereinafter called the author, and The New York Publishing Company, a corporation organized and doing business under and by virtue of the laws of the State of New York, party of the second part, hereinafter called the publisher, witnesseth:
WHEREAS, the said party of the first part is the author and owner of a manusсriрt entitled The Career of a Lawyer, or any other title which may be mutually agreed upon, and desires to publish the same upon the terms and under the conditions hereinafter set forth, and the party of the second part desires upon the said terms and conditions to publish said work. Now, therefore, it is mutually agreed, as follows:
Said author hereby gives and grants unto the said publisher, its successors and assigns, the exclusive right and license to publish, print, and sell the aforesaid work, and any revision thereof, in all book forms during the term of copyright and renewals thereof. Said author hereby covenants with the said publisher that he is the sole author and proprietor of the said work, and hereby authorizes said publisher to take out in its own name the copyright on said work in the United States and Great Britain, but it is understood and expressly agreed that the ownership of said copyright, subject to the license hereby granted, shall belong to the said AUTHOR.
The said publisher agrees upon its part to print and publish said manusсriрt in book form, at its own expense, in such style and manner, and in such quantity, as it deems most expedient, and to sell the same at a retail or catalogue price of one dollar,. and agrees to manage the sale and distribution of said book, and the advertising and general publicity of the same, and to care for the distribution of the editorial copies thereof, and agrees to pay to said author a royalty of ten per cent upon the retail or catalogue price of all copies of said book sold in the United States, and it is expressly agreed that no royalty or percentage whatever shall be paid upon any copies destroyed by fire or water, or otherwise, or sold at or below cost, or given away for the purpose of aiding in the sale of said work, and provided, further, that if conditions shall arise whereby it becomes necessary to reduce an overstock of said books or to close out an unsalable remainder of sheets or bound books, the said publisher shall have the right to dispose of such stock at such price as it deems desirable, and no royalty shall be paid upon such sales. If, however, a regular catalogue reduction in the price of said book shall be made, the author's royalty is to continue and apply upon the above percentage basis on such reduced price.
It is understood and agreed that said publisher shall be allowed a reasonable latitude in making alterations in proof of said book, which are changes from the manusсriрt. The said publisher shall bear the first Twenty-five Dollars of the expenses of the printer's charges and other costs of such alterations, and the author shall bear all such expenses in excess of Twenty-five Dollars.
It is understood and agreed that if during the period covered by this agreement, said work shall be published in other than cloth book form, the terms of such publication shall be subject to a further mutual arrangement between the said publisher and said author, and shall not be deemed to be covered by this agreement.
Said publisher agrees to make and furnish to said author written statements of sales of said book, and to pay royalties based thereon, twice a year, namely, in February and August of each year.
Said publisher will present to said author, free of charge, twelve copies of said book immediately upon publication, and sell to him any additional copies desired for his personal use at a discount of twenty-five per cent from the retail price of said book, and upon said additional copies so purchased by said author, he shall be entitled to royalties.
The said publisher hereby agrees to transfer to the said author all rights and privileges which are contained in this Agreement, provided that he, the said publisher, fails to be able to supply the market with the said book for any period exceeding ninety days.
It is expressly understood and agreed that if the publication of said work in the manner and style agreed upon by the parties hereto shall occasion or directly or indirectly result in any suit at law or in equity, to which the said publisher shall be made a party by reason of any real or claimed libel, infringement of copyright, or unfair competition, then the said author will indemnify and save harmless the said publisher from and against all costs, damages, counsel fees, and any expenses whatsoever which the publisher shall or may sustain or incur in and about the said action or suit.
{Other conditions may appear here.)
IN WITNESS WHEREOF the parties hereunto have set their hands and seals, the day and year first above written. George T. Smith. [Seal.] Witness to signature of author: Walter W. Warren. The New Yoke Publishing Company, [Seal.] By John M. White, President. Witness to signature of publishers: Mary W. Green.
Publishing Contracts Explained*
Also called Publishing Agreements, which sounds much friendlier. Publishing is, after all, a gentlemanly business. Publishing agreements vary in form, but most share common content elements. Your publishing agreement will typically include reference to most of the following items:
• Parties. The signatories of the agreement (Author and Publisher)
• Date of Agreement. When the Agreement was drafted.
• Subject. Describes the project (The Work) the Author will deliver. May include title or tentative title, content desсriрtion.
• Geographic location where the Agreement is made. See Arbitration/Interpretation.
• Publication Rights. Specifies what rights the Author is transferring to the Publisher. With most publishers the Author transfers entire rights Copyright and all publishing rights.
• Copyright Notice and Registration.Details how the Copyright notice will appear and who pays for copyright registration.
• Preparation and Delivery (Date). Establishes a date whereby Author must provide final manusсriрt. May also include publisher's option to extend delivery date.
• Final Form. What will be included in the Author's final manusсriрt, estimated # of pages or words.
• Publisher's Acceptance. Generally an "out" clause for Publisher's benefit if they find Author's manusсriрt unsuitable. May also specify that work will be published within (x) months of acceptance.
• Illustrations and Photographs. May specify the number and type of illustrations, format and most importantly -- who pays for illustrations.
• Copyrighted Materials or Permissions. How the author handles previously published material from other sources in the manusсriрt. Generally, it is the Author's responsibility administratively and financially to secure 3rd part permissions.
• Editing. How the manusсriрt will be edited.
• Proofs. Specifies Author's return of page proofs and limitations on author changes at page proof stage. Typically, a penalty for changes at page proof stage in excess of 5% to 10% other than typesetting errors.
• Index and Ancillaries. Specifies how indexing, etc. will be handled and who pays.
• Author's Warranty and Indemnification. Author agrees that the work submitted is Author's own work and does not infringe on 3rd party rights or is otherwise slanderous, injurious or unlawful. Most publishers will allow no changes to this paragraph.
• Infringement. What happens if a 3rd party infringes on the copyright of your Work.
• Competitive Material.Typically will restrict the Author from publishing a book with another publisher that will directly compete with the contracted book. Requires careful reading.
• Price/Marketing. Some Publishers will include a tentative price for the Work in the Agreement. Others will make no mention. Some Publishers will also state that they will employ their standard forms of marketing your Work.
• Royalties. States the terms, basis and rates for payment of royalties. Royalties may be paid on the basis of net receipts, list price, actual sale price, etc. Rates vary, but 10% of net sales is fairly standard. Expect less if you are unproven or dealing with a mass-market title. Royalties generally never exceed 15% of net receipts. Expect half of normal rate for special sales (trade market, distributor sales) where publisher is selling at discounts. Some publishers employ a sliding scale X% on the first X thousand copies, increasing by several percent at the next sales level, to a maximum of X%.
• Subsidiary Rights. Covers such items as foreign language translations, abridgements, film, stage adaptations, and electronic media. Will generally specify how monies from such licensing will be split between author and Publisher.
• Accounting. Defines royalty accounting terms and usually allows for Author to inspect the records of sales of the Work.
• Authors Copies. States the number of complementary copies the Author receives and the price at which Author can purchase additional copies.
• Revision. Common in textbook and professional publishing. Generally states that if Publisher wants to revise the Work, the Author gets first crack at it (90 days to respond). If Author declines, Publisher will usually have the right to hire someone else to revise the Work.
• Out-of-Print. What happens if the Publisher takes your book out of print. Typically rights are returned to the Author. Some publishers return electronic files or production materials (useful if you want to try another Publisher). Authors may also have the right to purchase remaining copies of the Work.
• Consequence of Termination. Termination of the Agreement by the Publisher is usually contingent on other paragraphs in the agreement. Most common, failure to meet specified delivery date, unacceptable manusсriрts. This paragraph will spell out what happens to rights, advances, property related to the Work.
• Arbitration/Interpretation. Terms for dispute resolution, either by arbitration or governed by the laws of a specific state. If by state (usually publisher's home state), you may be required to travel and argue your case in the publisher's home court.
• Assignments. Generally, allows publisher to transfer your book to another publisher or successor company in the case of mergers and acquisitions. Also, usually allows for Publisher to continue to sell the Work after Authors death and pay royalties to Author's estate.
• Advance. Some publishers pay "advances". Despite what you hear, typical advances are only a few thousand dollars. As an "advance against royalty" you will have to pay it back if you never complete your project. When you receive an advance, the Publisher retains initial royalties on the sale of the Work until the amount of the advance is recovered by the Publisher.
• Complete Agreement. The written contract contains the complete agreement between Author and Publisher. Verbals don't count, so get it in writing.
• Signature of author and publisher. Sign here. Congratulations!

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Издательский лицензионный договор

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