Contracts
Before we begin serious work together, we will have a contract that sets the parameters and defines mutual expectations. Below is a sample of such an contract. The author and the publisher will negotiate the specific terms of the contract, and will come to a signed agreement before work on the book begins.
Sample Publication Agreement
This agreement shall comprise the understanding between Green Street Press, 3638 Longview Road, Hermitage, PA, and John Alfred Doe, 555 Some Street, Somewhere, FL, (regarding the publication of a book titled Whatever.
1. The Product: In consideration of the fees set in paragraph 11 below, Green Street Press (hereinafter The Publisher), shall publish Whatever (hereinafter The Book), by Donald H. Jones (hereinafter The Author), in the following format:
a. Trade paperback, dimensions: approximately 6” x 9”
b. Approximately 300 pages, Perfect binding, black and white (except for cover) on 60# acid-free Accent Opaque Warm White paper
c. Cover will be 12pt cover stock with liquid lamination glossy UV coating on the outside, matte blank on the inside
d. Cover will display ISBN bar code and a price of $20.00
2. Design: Cover design, book design, and typesetting will be the responsibility of The Publisher.
a. Cover: full-color custom design (front, back, and spine) will be subject to the approval of The Author.
b. Body text will be printed in Palatino typeface (or similar font), approximately 11.5 points, with chapter heads, subheads, and other special features printed in a design-appropriate size and font. If The Author specifies a different type size or font that results in the book being more than 300 pages, The Publisher will add a supplemental charge.
c. Up to 25 photographs provided by The Author will be included in appropriate places in the book, contingent upon the preferences of The Author and the principles of good design. Photos will be printed with a resolution of 300 dpi.
3. Editing and Proofreading: The Publisher will provide line editing and proofreading of the manuscript, and will put forth its best effort to produce an error-free product. The Publisher will provide the Author with a final pre-publication proof of the book in an electronic .pdf file. (The Publisher will provide The Author with a printed version of the proof for an additional printing and mailing charge – see fees below). The Author is responsible for final proof-reading and approval of the book. The Publisher will correct any errors discovered during The Author’s review, but will not be held liable for any errors not discovered during The Author’s final review.
4. Ownership:
a. 1000 copies of the finished product become the property of The Author, who will assume all responsibility for their sale and distribution. The Author has the right to all the profits from the sales of The Book, except for the fees listed in paragraph 6c below for books sold through Green Street Press.
b. The Publisher reserves the right to print and retain up to 25 additional copies of The Book for use in promoting both The Book and The Publisher.
5. Warranty and Indemnity: The Author warrants and represents that he is the sole creator of The Book and owns all rights to the materials therein; and that The Book does not, to The Author’s knowledge, violate the rights and privacy of, or libel, other persons. The Author agrees to indemnify The Publisher against any final judgment for damages (after all appeals have been exhausted) in any lawsuit based on actual breach of the foregoing warranties. In addition, The Author shall pay The Publisher’s reasonable costs and attorney’s fees incurred in defending such a lawsuit, unless The Author chooses to retain his own attorney to defend such lawsuit.
6. Copyright:
a. According to the U.S. law, the copyright in the work of authorship immediately becomes the property of the author who created the work. It is not contingent on registration with the U.S. Copyright Office. However, there are legal advantages and protections resulting from registration of the work with that office.
b. Responsibility for registration of The Book with the Copyright Office rests with The Author. However, The Publisher will handle this process for an additional fee (see the Fee Schedule below).
7. Permissions: The Author agrees to obtain all permissions that are necessary for the use of materials in The Book that are copyrighted by others. The cost of obtaining these permissions shall be borne by The Author. Permissions shall be obtained in writing and copies of these permissions shall be provided to The Publisher prior to delivery of the final product.
8. International Standard Book Number: The Publisher will be responsible for assigning the ISBN (International Standard Book Number); registering it with the International ISBN Agency through bowker.com; and submitting information about the book for listing in Books In Print.
9. Marketing Assistance: The Publisher will provide The Author with the following marketing assistance at no additional charge:
a. A Media Kit with the following items, with custom design based on the cover design of The Book, and printed by The Publisher:
1. 50 business cards
2. 50 laminated full-color book marks
3. 50 full-color post cards
b. A computer CD with the following items to be used at The Author’s discretion for marketing his books:
1. Text for Press Release (Publication Announcement) in MS Word format. Submission to newspapers and other publications is the responsibility of The Author.
2. Text for e-mail announcement in MS Word format. Distribution is the responsibility of The Author.
3. Text for classified ad in MS Word Format. Placement in publications is the responsibility of The Author.
4. 1 - camera-ready 2” x 2” black and white display ad in .jpg or .pdf format
5. 1 - camera-ready black and white logo/graphic
6. 1 - 8.5” x 11” color poster in .pdf format
7. Text for 1 30-second Radio Ad in MS Word format
8. Book Order Form in MS Word format
9. A list of on-line resources for marketing The Book
10. A marketing tip sheet
c. One web page on greenstreetpress.com exclusively promoting The Book, designed and maintained by Green Street Press. The page will contain a link to the Green Street Press on-line Store through which customers can order The Book on-line. The same link can be placed on any other web site and included in any print advertising or promotional materials to facilitate on-line sales of The Book.*
(*Since Green Street Press will not own or stock any of the books, we will process the orders and receive payment, including a shipping fee, then immediately provide The Author with the customer information so he can ship the books in a timely manner. At the beginning of each month, GSP will send The Author a check for the previous month’s sales, minus 25% commission and 4% credit card processing fee. The monthly check will include the full amount of the shipping fees collected from the customer.)
d. The Author grants The Publisher the right to the use of his name, photograph, or picture for promotion and advertising of The Book, provided such use is dignified and consistent with The Author’s reputation.
10. Schedule:
a. The Publisher will deliver 1000 copies of The Book via UPS (or other delivery service) by [date], to the address or addresses specified by The Author. However, the Publisher will not be held responsible for delays in delivery that are caused by factors beyond its control. Any additional costs for delivery to multiple addresses will be paid by The Author.
b. Delivery of the product by the above date is contingent on the following:
1. The Author’s delivery of original or acceptable reproducible copies of all photographs and illustrations to be included in The Book (except cover art, which will be created by The Publisher) by [date].
2. Return of the corrected proofs by The Author within one week of his receipt of those proofs.
3. Author’s payment of final invoice.
4. Within thirty days after publication, the Publisher shall return the original manuscript and all additional materials to the Author.
c. The Publisher will deliver to The Author the Media Kit and Marketing CD one month before scheduled book delivery date to allow for pre-publication marketing of The Book.
11. Payment:
a. The Author will pay The Publisher the total of $____ for [##] copies of The Book. The Publisher will collect Pennsylvania State Sales Tax from The Author unless The Author provides proof of tax exemption, or unless The Author’s shipping address is outside the state of Pennsylvania.
b. Fee for The Publisher to register The Book with the U.S. Copyright Office (optional): $100.
c. Shipping charges to more than one destination: to be determined.
d. Printed proof copy of book: $50.00
e. Payments will be made according to the following schedule:
1. One half of total is due immediately upon The Author’s receipt of invoice after the signing of this agreement.
2. One half is due one week before the scheduled delivery of the books.
12. Arbitration: All disputes arising under this Agreement shall be settled in accordance with the rules of the American Arbitration Association. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof.
13. Entire Agreement and Modifications: This Agreement represents the entire Agreement between the parties. All modifications of this Agreement must be in writing and signed by both parties.
14. Governing Law: This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania.
IN WITNESS THEREOF, the parties have signed this Agreement as of the date below:
Date: ___________________
__________________________________ ________________________________
The Author Joseph J. Zentis for Green Street Press