Don't Write What You Know;
Write What You Care About -- Passionately!
This agreement between XXX ("Author") and WolfSinger Publications is for licensing of publishing rights to the Work known as XXX. The author warrants that she has legal authority to grant the license explained below.
WolfSinger Publications has scheduled the work to be released in XXX. If the work is not published by XXX – this contract is considered void and all rights revert back to the author.
A. The Author hereby represents and warrants to Publisher that:
1. The Work is free and clear of any counts of libel, plagiarism, breach of privacy or misrepresentation of facts.
2. The Work does not infringe upon any copyright or proprietary right, common law or statutory law, and does not contain material of libelous nature. The Work is not in the public domain and the Author is the sole owner and copyright holder of the Work with full power to enter into this contract. If the Work has been previously published in the whole of in part, the Author currently holds all copyright to the Work and is legally permitted to enter into this agreement.
2a. The Author acknowledges that the Work is not available as a free download anywhere on the Internet nor is it available from the Author's website.
3. The Author releases Publisher from any responsibilities relating to any legal actions incurred by the contents of the Work or the Author.
B. The Author grants to Publisher the following rights:
1. The right to publish the Work in all English language print and e-book editions of the Work.
2.a. This contract shall remain in effect for 5 years from the date of first publication.
Books are taken out of print at the end of the royalty period in which the contract is set. (Books published in Jan-June will be taken out of print in June of the expiration year. Books published in July-Dec will be taken out of print in Dec of the expiration year.)
2.b. After the expiration of this contract WolfSinger Publication shall have first option to conclude an agreement with the Author for continued publication rights to the Work on terms to be mutually agreed upon. Should no such agreement be concluded within sixty (60) days of the expiration of this contract, all rights to the Work automatically revert to the Author.
3. The Publisher has the right to contract with distributors, bookstores, vendors, organizations and or outlets to sell the Work in association with the Publisher's name.
4. All rights not specifically mentioned in this contract are reserved to the Author.
5. Right of First Refusal: The Author shall offer any related Works to the Publisher before pursuing other publication avenues. “Related works” being other works within a/the series or with the same characters developed within the Work. The Publisher does not have to accept the Work presented for publication, at which time the Author shall be welcome to pursue other publication avenues.
C. Compensation and sales.
1a. The author will receive a _$75.00_ advance payment for the rights outlined in section B. The listed amount is an advance against royalties earned by the Work.
1b. Royalties will be earned based on the following:
For print books – royalties will be equal to 10% of the cover price.
For electronic books – royalties will be equal to 40% of the cover price.
The Work will begin to earn royalties after it has earned back production costs (defined as advances paid / contracted work paid for: cover art / editing / typesetting – these items will be itemized on the royalty statement).
2. Statements will be issued semi-annually for the time period of January 1st to June 30th and July 1st to December 31st of each year this agreement is in force, within sixty (90) days of the end of each time period indicated above.
3. Payments to the author will be made twice a year based on earnings received 1 January - 30 June and 1 July - 31 December. Statements and payments will be issued within ninety (90) days of the close of the statement period. As all payments are made through PayPal - payments will be made once owed amounts exceed $5.00.
4. Author copies: The Author will receive one complimentary copy of the Work as well as the ability to purchase additional copies from the publisher at a 50% discount..
D. Copyright infringement
1. In the event of an infringement of the rights granted under this agreement the Publisher, WolfSinger Publications and the Author shall have the right to sue jointly for the infringement and after deducting the expenses of bringing the suit to share equally in any recovery.
1. WolfSinger Publications may at any time sell itself, or the majority of itself, its holdings, or licenses, Current contracts would transfer to the new owner.
1. If WolfSinger Publications is legally judged bankrupt or liquidates/closes its business, this contract shall be terminated immediately and all rights granted to Publisher shall be terminated.
G. Author's name:
1. Publisher shall have the right to use the Author's name, photo, any cover art (owned by the Author) and biographical material for the purpose of advertising, publishing and promoting the Work.
H. Cover Art:
1. All cover art produced by WolfSinger Publications or by any employee of WolfSinger remains the property of the Publisher. The author has the option to purchase the cover art from the publisher for the "market value" determined by the publisher at any time.
1a. WolfSinger Publications does grant to Author the right to use the cover art in promoting the work. ie. To have bookmarks produced, to be placed on Author's website, etc. for as long as this agreement is in effect. The right is revoked if the Author or Publisher cancel this agreement.
2. The Publisher has sole discretion and artistic license to design, layout and implement any and all cover art or artwork and is under no obligation to obtain permission from the Author before release.