This contract, dated ______________, 20___, is made between All Things That Matter Press (hereinafter known as “Publisher”) and ________________ (hereinafter known as “Author/s” and/or “Grantor of Rights)) for the piece currently entitled ____________________ (hereinafter referred to as “the Work”).
This contract is considered legal and binding. If there is a legal dispute the laws in the State of Maine will apply and any actions must be brought in the State of Maine.
I. The Author (hereinafter denoting single and/or plural author/s as applicable) Hereby Represents and Warrants to the Publisher that:
A. Author warrants that Author is the author and sole owner of the Work or has been assigned the rights delineated in Section II of this Contract; that it is original and contains no matter unlawful in its content, nor does it violate the rights of any third party; that the Work is not in the public domain. Author also warrants that these rights are owned or controlled by him without encumbrance and that Author has full power to grant the listed rights to Publisher.
B. The Work is free and clear of any counts of libel, plagiarism, breach of privacy, or misrepresentation of facts.
C. The Work does not infringe upon any copyright or proprietary right, common law, or statutory law. In works of fiction, all facts are fictitious.
D. If the Work has been previously published in whole or part, the Author warrants that the rights granted herein have reverted to author, or were never granted to another publisher. As an addendum to this agreement, Author shall present some written memorandum documenting the reversion of the rights granted by any publishing company that may still own proprietary rights to the Work, or proof of non-grant of rights. Author warrants that Author currently holds all copyrights to the Work and is legally permitted to enter into this agreement.
E. If a judgment is obtained against Publisher for usurping rights still controlled by a publisher or other entity than Publisher or Author, the Author agrees to hold Publisher harmless and to indemnify Publisher for reasonable damages and costs. The Author releases Publisher from any responsibilities relating to any legal actions incurred by the contents of the Work or the Author.
II. Grantor of Rights:
Author agrees to grant the Publisher sole and exclusive rights to produce, publish, and sell English and non-English language print editions of the Work. Author agrees to grant the Publisher sole and exclusive rights to produce publish and sell English and non-English language versions of the Work in any and all electronic/digital formats including, but expressly not limited to: ebook, CD-ROM, DVD, any digital reproduction, and audio recordings. In anticipation of future advances in technology, Author agrees to grant the Publisher sole and exclusive right to use and adapt, and to authorize others to use and adapt, the work by any means, whether now known or hereafter invented.
III. Terms of Contract:
A. Print rights will be exclusive for five years commencing on the date the Work becomes available for sale. Electronic/digital rights will be exclusive for five years commencing on the date the Work becomes available for sale, with the exception of works produced through third-party contracts whose terms and conditions shall apply and extend to all formats. After the contract expires it shall automatically renew unless one party notifies the other of its desire to terminate. Upon renewal of the contract, author may terminate by providing 90 day notification to Publisher, with the exception of formats required to remain extant by third-party contracts, such as audiobook, which shall extend until their contractual expiration date.
(NOTE: As of this date, ACX, the current producer of audiobooks, requires a seven-year contract from date of availability for sale; print/ebook contract shall automatically extend to coincide with audiobook term.)
B. Publisher may, at its discretion, remove the Work from publication or distribution for reasons of poor sales, excessive returns, or other reason deemed by Publisher to be injurious to Publisher’s or Author’s best interest. Publisher shall give notice to Author of removal from distribution and the reasons for the withdrawal. If Publisher removes the Work from sale, this contract shall terminate, and all rights granted shall revert to the Author.
C. Upon termination of this contract, Publisher will remove listing of the Work from its website and any other distribution source that Publisher has listed the Work with and will advise said distributors that that particular ISBN is no longer in print.
D. Publisher has the right of final approval of Author’s manuscript. It is Author’s responsibility to provide Publisher with a properly formatted manuscript in keeping with Publisher’s requirements.
E. Publisher is not responsible for lost manuscripts. Author should always keep a backup.
F. Publisher will prepare the manuscript for release.
G. Publisher will provide cover art with Author input. If the Author has his/her own cover art, it must be owned free and clear, and be free of any potential copyright infringement. Licensed cover art will not be considered.
H. Publisher must give final approval before artwork is finalized. Publisher has final authority regarding cover design.
A. Should Author choose to register the copyright of the Work with the U.S. Copyright Office, including payment of any fees and the costs of preparing printed and/or electronic documentation of the Work as required by the U.S. Copyright Office, Author shall provide a photocopy e-mail/facsimile copy of the Copyright certificate to Publisher within 45 days of receipt. Publisher shall be listed as the publisher of the work.
B. Author understands that if Author chooses not to register the copyright with the U.S. Copyright Office, Author may be limited in the damages that could be awarded in court if there is a copyright violation.
C. Publisher will place a copyright notice on all versions of the Work, using the year of first release if no other information is available.
V. ISBN and LCCN
Publisher will obtain and assign ISBN (International Standard Book Numbers) and Library of Congress Number for the Work. Publisher will assign as many ISBN designations as required by the various publication formats listed herein.
VI. Selling Price, Royalties, and Statements
A. The price of the Work will depend on its length and content. A price will be set by the Publisher dependent on market conditions or, in the case of audiobooks, by the third-party with whom Publisher contracts to produce same. Publisher reserves the right to raise or reduce the price as needed to stimulate sales.
B. Publisher will not pay an advance to Author. Publisher agrees to pay the Author 40% of the net profits received. This amount will be the cover price minus printing costs and distribution discounts. Publisher agrees to pay the Author 40% of the net proceeds received for all electronic copies sold off of the Publisher’s site, based upon generally accepted accounting principles.
C. Publisher has the right to contract with distributors, bookstores, vendors, organizations, and or outlets of print and/or electronic/digital books to sell the Work in association with the Publisher’s name. For all sales through these outlets the Authors will receive 40% of the net proceeds.
D. All royalties will be paid quarterly in US dollars. The payment will be no more than 45 days after the end of each calendar quarter for sales during that quarter.
E. Payment will be made by check unless other arrangements have been made between Publisher and Author(s). Authors who do not maintain a US postal address will be paid via PayPal only.
F. No royalty shall be paid on copies, print or digital, distributed for review, advertising, publicity, promotional purpose, samples, or other similar purposes, or on copies sold below or at cost, or on copies purchased by author at author’s discounted rate.
G. Author understands that royalties will be paid in the quarter copies of the Work are paid for by consumers, distributors, or vendors. If distributors or vendors delay payment to Publisher, Publisher is not obligated to pay the royalty until it has been paid by the distributor or vendor.
H. Author is responsible for paying taxes on all royalty payments received from Publisher and is advised to keep accurate records for tax purposes.
I. If the author should die before all royalties have been paid, Publisher will pay royalties to Author’s estate, heirs, assigns, or beneficiaries. The contract shall remain in effect, at the Publisher’s discretion, until its expiration date; contract may be renewed by Author’s estate, heirs, assigns or beneficiaries at Publisher’s discretion.
J. It is the Author’s responsibility to communicate with the Publisher any change in Taxpayer Identification Number or Social Security Number, Postal Mailing Address, telephone number(s), PayPal account information, or Electronic Mail 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.
Author’s current contact information is:
VII. Marketing and Promotion:
A. Author will provide the Publisher with biographical information, a photo (optional), and a link for the Author’s website (if available). Author agrees to give Publisher the right to use the Author’s name, likeness, title of work, and biographical material for publishing, advertising, and promoting the Work.
B. Author agrees to promote the Work to the best of his/her ability, including but not limited to no-cost Author’s website, blog, social media avenues, and no-cost events the Publisher hosts (i.e., podcasts, author interviews, or book clubs), et cetera.
C. There must be a link to the Publishers website on Author’s website. Any “significant” promotional work that originates with the Author must be reviewed by the Publisher.
D. Author may use up to two chapters as a teaser to entice readers to buy the Work.
E. Author will not have rights to, or in, any trademark, service mark, trade name or logos used by Publisher, unless expressly permitted to do so in writing. Author may use the cover art in his promotional material. Publisher’s provided cover art may not be used by other publishers producing the Work after termination of this contract without permission of Publisher. Any remuneration for the use of this cover art will be separately negotiated between publishers. If the author owns the rights to the cover art, the publisher is granted rights to use for industry standard usage in marketing and promoting the work.
F. Publisher will make every effort to maintain an attractive, updated website. Publisher will not be liable for site downtime or interrupted transmission.
G. Upon Publisher’s request, Author will provide autographed copies of Work for Publisher’s use in marketing, promotional activities, reviews, or for sale. The publisher will provide the books to be autographed and pay shipping to and from the Author for this purpose.
H. Publisher and Author may each acquire reviews for the Work. Reviews acquired by either party may be used by both parties, if desired, for marketing, promotional, or other typical industry standards purposes in association with the Work.
I. Author warrants that any promotional work produced by Author or by a third party on Author’s behalf contains no matter unlawful in its content, nor does it violate the rights of any third party. Author agrees to hold Publisher harmless and to releases Publisher from any responsibilities relating to any legal actions incurred by the contents of the Work or the Author.
VIII. Author’s Copies
A. On publication the Publisher shall give each Author ONE (1) copy of the published work in print format, which may not be resold. Any further print copies desired by Author may be purchased from Publisher at fifty percent (50%) of the retail price plus shipping. Publisher will advise Author of shipping cost direct from printer. Author may use books purchased from publisher at Author’s discount rate, for marketing, promotional activity, reviews, or for sale. Author shall not receive complimentary or discounted copies of the Work in any format other than print.
A. All Things That Matter Press may at any time sell itself, or the majority of itself, its holdings, or licenses. Current contracts would transfer to the new owner.
B. Bankruptcy: In account of bankruptcy or discontinuation of the company all rights will revert back to the Author.
C. Audit: The Author may, with reasonable notice, assign and designate a representative to examine the Publisher’s records, at a location designated by Publisher, as they relate to the Work. Such examination will be at the Author’s expense unless errors are found in excess of 5% of royalties in the Author’s favor; in which case, the Publisher shall then pay all usual, customary and reasonable charges for such Audit. The Publisher will pay any sums due to the Author within 30 days.
IX. Modification or Waiver: This Agreement may not be modified in any way except by written instrument agreed upon (which can include fax, e-mail or written correspondence) by All Things That Matter Press and the Author. No modifications of any portion of this Agreement shall automatically alter any other portion of this Agreement.
X. Entire Agreement
A. This agreement is the full and complete contract between the parties, and may not be modified except in writing, agreed to and signed by all parties and attached herein to this agreement.
Author Legal Name: ___________________________________________________________
Pseudonym (if any): _____________________________________________________________
City, State, Zip:_________________________________________________________________
SSN (for tax forms if issued):_____________________________________________________________
Author’s Signature:(electronic/typed signature legal and
ALL THINGS THAT MATTER PRESS Representative
Printed Name: Debra Harris
Position: CEO, CFO, Editor-in-Chief
Email Address: email@example.com