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Author Initials Publisher Authors Place Publishing Agreement NM1000-03262020 Authors Place LLC Publishing Agreement INTRODUCTORY CLAUSES This PUBLISHING AGREEMENT (Agreement) between Authors Place LLC with its offices located at 9885 Wyecliff Drive, Suite 200, Highland Ranch 80126 (Publisher), and the following author, __________________________, (hereinafter called the “Author,” whose name and signature appear on this executed publishing agreement, is entered into as of ____________________________, 2020 and effective as of the date of the Author’s signature. WHEREAS, the Publisher and the Author wish respectively to publish the Author’s work, and, WHEREAS, the Author is submitting the Work, a single chapter of a book, to be published as part of an author compilation project which will be printed as a single book. The Author understands that the Work, in this case, is a chapter written by Author to be included in the compilation project with AT LEAST 20 other chapters written by other authors related to the same subject. The intention of the project is to produce a book that is both retail- ready and commercially distributed as a compilation of 20 or more chapters written by different authors under a single title (hereinafter called the “Project”). THEREFORE, they mutually agree as follows: GRANT OF RIGHTS 1. Grant of Rights The Author exclusively grants, assigns, and otherwise transfers to the Publisher and its licensees, successors, and assigns, the rights, title, and interest in and to the Work, throughout the world, for the full term of the copyright and any extensions and renewals thereof, and the sole and exclusive rights worldwide to: print, publish, sell and generally exploit the Work in all languages in print, electronic (eBook), video and audio forms, or any other form or format now known or hereafter discovered or created, and the exclusive rights to license the Work for publication and sale in any other form or format now known or hereafter discovered or created in any translation throughout the world; and for publicity purposes, to publish (or permit others to publish) in print or on the Internet, or to broadcast (or permit others to broadcast), but not dramatize, by radio or television, without charge, such selections from the Work as, in the opinion of the Publisher, may benefit its sale. The Author shall execute and deliver to the Publisher any and all documents which the Publisher reasonably deems necessary or appropriate to evidence or effectuate the rights granted in this Agreement. The Author retains all rights not granted to the Publisher in writing. However, the Author shall not exercise rights reserved by the Author, without reserving for the Publisher’s benefit the rights granted to the Publisher in this Agreement. In connection with the Author’s disposition of first serial rights, if reserved by the Author, the Author shall secure the Publisher’s approval of the date of serial publication; and the Author shall not without the consent of the Publisher permit the publication in newspapers or periodicals of more Page | 1 ____________ ____________ Author Initials Publisher Authors Place Publishing Agreement NM1000-03262020 than twenty percent (20%) of the Work, nor any condensation of the entire Work, and shall require any licensee of such rights to carry a credit to the publication of the Work by the Publisher. In connection with the Author’s disposition of motion picture, television, radio, or live-stage dramatic adaptation rights, if any are reserved by the Author, the Author shall not make any grant of book publication rights without the Publisher’s written approval and shall in no event make any grant of novelization, photo novel, comic book rights, or similar rights. If, at any time during the effective term of this Agreement, a claim shall arise for infringement or unfair competition as to any of the rights which are the subject of this Agreement, the parties may proceed jointly or separately to prosecute an action based on such claims. If the parties proceed jointly, the expenses (including attorneys’ fees) and recovery, if any, shall be shared equally by the parties. If the parties do not proceed jointly, each party shall have the right to proceed separately, and if so, such party shall bear the costs of litigation and shall own and retain any and all recovery resulting from such litigation. If the party proceeding separately does not hold the record title of the copyright at issue, the other party hereby consents that the action be brought in his, her or its name. Notwithstanding the foregoing, the Publisher has no obligation to initiate litigation on such claims, and shall not be liable for any failure to do so. a. Subsidiary Rights The subsidiary rights to the Work granted to and administered by the Publisher, and the Author’s share of proceeds received by the Publisher from the grants and administration of such rights to third parties, shall be as listed below. Upon request, the Publisher shall provide to the Author copies of any licenses granted by the Publisher. i. Book Club Publication ii. Non-Exclusive public reading rights, including the right to authorize readings of parts of the Work on radio or television (the Publisher may also grant such rights for publicity purposes without charge and without payment to the Author) Nothing contained in this section shall be construed as limiting, modifying or otherwise affecting any of the rights granted to the Publisher under this Agreement. COPYRIGHT AND REGISTRATIONS 2. Copyright All copies of the Work that are distributed to the public will bear a proper copyright notice or notices necessary to protect copyright to and in any work shall be printed on the reverse side of the title page or in another appropriate place, in every copy thereof, in the name of the compiler for this compilation book. The Publisher shall also have the right to effect any renewals of copyright provided by law and the right to any assistance from the Author or Author’s heirs, successors, or assigns, essential thereto. 3. Registrations The Publisher will secure an International Standard Book Number (ISBN) for the printed Work. 4. Suits for Infringement of Author’s Copyright If the copyright of the Work is infringed and the parties (the Author and the Publisher) proceed jointly, the expenses and recoveries, if any, will be shared equally, and if they do not proceed jointly, either party will have the right to prosecute such action, and such party will bear expenses thereof, and any recoveries will Page | 2 ____________ ____________ Author Initials Publisher Authors Place Publishing Agreement NM1000-03262020 belong to such party; and if such party will not hold the record title of the copyright, the other party hereby consents that the action be brought in his/her name. FEES AND AUTHOR COMPENSATION 5. Project Fees and Purchases Under this agreement, the Author agrees to pay in advance at the time of signing this contract for the initial purchase of 100 books related to the Project at a total cost of $1,000.00 (Project Fee) plus shipping and handling. The Author agrees to actively promote and distribute the copies received via their business relationships, social network and any speaking events. The Author may sell said copies at any price determined by the Author or provide them to others at no cost; but the Author agrees to actively promote the book to their relationships. Per section 17, the Author may buy additional copies of the book at the wholesale price in minimum quantities of 100 books. 6. Royalty Percentage The Author will receive royalties (“Author Compensation”) for Net Copies sold of physical books at a royalty rate of 80% of the Net Compensation paid to and received by the Publisher after all publishing-related expenses, fees and book returns have been accounted and taken into consideration. Publisher will compensate the Author at a royalty rate of 50% of the net compensation paid to and received by the Publisher on all Net Copies sold of Electronic books (eBooks), net of any chargebacks. The Author will be entitled to a share of the physical book and eBook royalties consistent with the Author’s participation percentage in the Project as it relates to the total number of authors participating in the Project. For example, if 10 authors participate in the project, The Author will be compensated at a 10% share of the 80% of the Net Compensation received by the Publisher. “Net Compensation,” as used in this Agreement, shall refer to money actually received by the Publisher from the sale of copies of the work, net of returns, after deduction of costs of distribution, logistics, marketing, advertising, insurance, storage, fees and commissions, currency exchange discounts, return fees, and costs of collection. “Net Copies Sold,” as used in this Agreement, shall refer to any and all copies of the Work in any Publisher’s edition that is actually sold and delivered, net of any returns, damaged or spoiled copies, promotional and review copies and copies sold directly to Author. 7. Royalty Reports and Payments The Publisher shall render to the Author, at least semi-annually, a statement of Net Copies Sold and Authors Compensation from the sale the Work, and other credits and debits relating to the Work and the rights granted in this Agreement, and the Publisher will make royalty payments at least on a semi-annual basis via Paypal or other management payment systems to the Author, subject to the time lag discussed below. However, if the royalty payment due in any one period is less than fifty U.S. dollars ($50), a payment may not be made, and the balance may be carried forward and added to the next period’s royalty payment.
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