Publishing Agreements (Drafting)

Publishing agreements vary among different publishers and will also vary depending on nature of work. The work may be being published as a book, book chapter, and journal article or conference paper. For instance, if an author submits an article to a particular journal and there is no agreement in place, the publisher can only publish the article in the issue for which it was submitted. They would not be able to re-publish the article in an annual collection of popular articles without the permission of the author.The publishing agreement should clearly specify the parties between whom it is drawn, i.e. the author and the publisher

The Work refers to the book that you have written, or going to contracted to write. It is essential to have a clause in the agreement that specifies the nature of the Work and completely describes the book that is targeted to be published. The work may be being published as a book, book chapter, and journal article or conference paper. The agreement will generally cover information such as when the work will be published; how it will published (in print or online or both); how many copies will be made available etc; if the author is entitled to any royalties, how they will be shared between the author and publisher, when they will be paid etc. The agreement will also address how copyright in the work will be managed.

 

Features of Publishing Agreement:

 

1.Details of the parties: The publishing agreement should clearly specify the parties between whom it is drawn, i.e. the author and the publisher.

 

2.Description of the Work: The Work refers to the book that you have written, or going to contracted to write. It is essential to have a clause in the agreement that specifies the nature of the Work and completely describes the book that is targeted to be published.

 

3.Copyright ownership: Authors have copyright over their Work so that it can’t be unfairly replicated or copied by others. In the publishing agreement, the author transfers this copyright completely or partially to the publisher to enable him legally publish the work. 

                                                                                                                               

4.Advertising and Promotion: This clause specifies how the publisher will undertake the advertising and promotion of the book to increase its sales

 

5.Revised editions: Sometimes books need to be revised over period of time and then distributed to the general public. This is especially so if the book relates to topics that are dynamic and constantly evolving, like technology and science. It can also be required in fictional books, to make them more compatible with changing times or to rectify errors in them. This clause decides the terms as to revision of books.

 

6.Non-modification: This clause states that the existing publishing agreement cannot be modified unless this has been done officially and in writing.

Documents Required


Passport Photo

Passport photo of all parties.


PAN Card

PAN card of all parties.


Aadhar Card

Aadhar card of all parties.


Utility Bill

Utility bill of Electricity or Telephone.


Address Proof

Valid Address Proof of all the parties.


Licence

Valid Driving Licence of all the parties.


Terms and Conditions

Terms and Conditions between the parties.


Other Documents

Other documents will be intimated through e-mail.

FAQ

The process of publication generally requires authors to sign a “publishing contract” that covers such provisions regarding- manuscript delivery and acceptance, copyright ownership and grants; royalty advances, rates and payment; author warranties and indemnities; contract duration and rights reversion etc.

An author can either retain their copyright, or assign it to a publishing company. If they assign the copyright, then the publishing company becomes the owner of the copyright. The copyright owner can publish the book at a much later date. Publication isn't required for a work to be eligible for copyright protection.

Never sign over IP rights to a book because your publisher will most likely only be one of many publishers you have for the book. Most publishing deals should last 3-5 years maximum, and then you will get the right back, meanwhile owner can look for some other publisher.

Usually, the author of the creative work is the owner of the copyright. But in the publishing industry, the owner of the copyright may be the publishing company due to an agreement between the author and the publisher. In certain cases, even though a book is published by a major publisher, the author still owns the copyright

A publisher pays authors royalties in exchange for the rights to publish their work in book form. Royalty rates are percentages of book sales and they are entirely negotiable, though some publishers have standard royalty rates or standard royalty ranges that they try to stick to for the majority of their book deals.