Book Publishing Agreement
1. Grant of Publishing Rights:
A. The Author hereby grants and assigns to the Publisher, its successors, representatives, and assigns, a non-exclusive right to publish, distribute, market and sell the Work in printed and digital formats.
B. 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.
C. 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. 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.
D. Nothing contained in this Clause shall be construed as limiting, modifying or otherwise affecting any of the rights granted to the Publisher under this Agreement.
2. Copyright:
The author remains the copyright holder of his / her work and 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 Author.
3. Author’s Warranties and Indemnity:
A. The Author warrants to the Publisher and its licensees that he/she is the sole Author and proprietor of the Work; that she or he is the owner of all the rights granted to the Publisher, and has full power to enter into this agreement, and that said rights are not subject to any proper agreement, lien, or other claim or rights which may interfere with the rights herein granted; that the Work is original and not in the public domain; that it does not violate the right of privacy of any person; that it contains no libelous, obscene, or other unlawful matter; and that it does not infringe upon the copyright or violate any other right of any person or party. The Author agrees to hold the Publisher harmless against any damages, including attorney’s fees, finally sustained in any suit involving the Publisher by reason of a violation of any of these warranties.
B. If any such suit is instituted, the Publisher shall promptly notify the Author and may withhold payments due to the Author under this Agreement, until such suit has been settled or withdrawn. If a final adverse judgment is rendered and is not discharged by the Author, the Publisher may apply the payments so withheld to the satisfaction of such judgment. The Author undertakes for himself/ herself, successors and assigns, to execute at any time, on request of the Publisher, any document or documents to confirm or continue any of the rights defined herein, and to take all proceedings necessary to enforce copyright in Nigeria and elsewhere.
C. If the Author unreasonably disapproves of any out-of-court settlement recommended by the Publisher and the claim or suit proceeds to trial, the Author shall be liable for all the Publisher’s fees, costs, damages, and expenses connected with such trial regardless of outcome. The Publisher shall have the right to reasonably extend the benefit of the indemnities to any person, firm, or corporation at any time, and the Author shall be liable thereon as if Author’s warranties were originally made to such person, firm, or corporation.
D. The provisions of this Section 3 shall survive the termination of this Agreement.
4. Delivery of New Work Manuscript
A. the Author agrees to deliver to the Publisher one (1) copy of the final manuscript of the Work, in a form satisfactory to the Publisher, (hereinafter referred to as the “Initial Delivery Date”). The Author agrees to make and keep at least one (1) complete copy of the manuscript. Failure to deliver in all respects as defined herein shall be just cause for the Publisher to terminate this agreement.
B. The Author shall deliver to the Publisher, not later than the Initial Delivery Date unless otherwise designated by the Publisher, each of the following materials: i) The Author shall deliver to the Publisher, at the Author’s sole expense, written authorizations and permissions for the use of any copyrighted or other proprietary materials (including but not limited to art and illustrations) owned by any third party which appear in the Work and written releases or consents by any person or entity described, quoted or depicted in the Work (hereinafter collectively called the “Permissions”). If the Author does not deliver the Permissions, the Publisher shall have the right, but not the obligation, to obtain such Permissions on its own initiative and the Author shall reimburse the Publisher for all expenses incurred by the Publisher in obtaining such Permissions
ii) The Author acknowledges and confirms that the Publisher shall have no liability of any kind for the loss or destruction of the Manuscript or any other documents or materials provided by the Author to the Publisher, and agrees to make and maintain copies of all such documents and materials for use in the event of such loss or destruction.
C. If the Publisher, in its sole discretion, reasonably deems the Manuscript, and/or any other materials delivered by the Author to be unacceptable in form and substance, then the Publisher shall promptly advise the Author via email, and the Author shall cure any defects and generally revise and correct the Manuscript and/or other materials to the reasonable satisfaction of the Publisher, and deliver fully revised and corrected Manuscript and/or other materials promptly after receipt of the Publisher’s notice.
D. If the Author fails to deliver the Manuscript or other materials required under this Agreement, and/or any revisions and corrections thereof as requested by the Publisher, on the dates reasonably designated by the Publisher, or if the Author fails to do so in a form and substance reasonably satisfactory to the Publisher, then the Publisher shall have the right to terminate this Agreement by so informing the Author via email. Upon termination by the Publisher, the publisher shall, immediately refund the Author 90% of any sums previously paid to the publisher by the Author, and upon such repayment, all rights granted to the Publisher under this Agreement shall revert to the Author.
5. Author Changes to the Work:
A. The Publisher agrees to allow the Author to make changes in the Work, at the final proof stage, costing up to an amount of five thousand naira (5000). Should the cost of such alterations exceed this sum, the balance will be charged to the Author’s royalty account, provided, also, however, that the Publisher shall promptly furnish to the Author an itemized statement of such additional expenses, and shall make available the corrected proofs for inspection by the Author. The Author agrees to correct and return, no later than ten (10) days after the receipt thereof, proofs provided by the Publisher. The Author agrees to deliver to the Publisher final revised copy satisfactory to the Publisher in content and form.
6. Style, Price, Promotion and Distribution:
A. After consultation with the Author, the Publisher shall have the right, but not the obligation, to publish and re-publish the Work at its own expense in such format and style, cover or covers, manner, and advertisement, and at such price, as it deems suitable except that the initial publication shall be with a title and price agreed to by the parties.
B. If the Publisher wishes to make editorial changes or deletions in the Work manuscript, it shall consult with the Author prior to publication about these changes, and if the Author and Publisher cannot agree on the changes or deletions, the issues at question shall be decided upon by a mutually chosen third party. The Publisher reserves the right to reject the Work for any reason, with notice to the Author via email.
C. The Publisher agrees to publish the Work within twelve (12) months from the date of this contract. In case of delays from causes beyond the control of the Publisher, or in case the Author fails to return proofs within ten (10) days after they have been delivered to him/ her, the period shall be extended to cover such delays. Should the Publisher fail to publish the Work before the expiration of said period, except as provided herein, its failure to do so shall be deemed cause for the Author, if he so desires, to terminate this Agreement
11. Force Majeure:
The failure of the Publisher to publish or republish any of the Work shall not be deemed to be a violation of this Agreement or give rise to any right of termination or reversion if such failure is caused by restrictions of government agencies, labor disputes, or inability to obtain the materials necessary for its manufacture, or occurs for any other reason beyond the Publisher’s control; and in the event of delay from any such cause, the publication date or reissue may be postponed accordingly.
12. Royalties upon Publication:
A. The Publisher shall pay to the Author a royalty on every copy sold by the Publisher and paid for, as set forth below):
i) Paperback: Twenty percent (20 %) of retail price.
ii) eBook: Sixty percent (60 %) of retail price.
b) No Royalty Copies: No royalty shall be paid on copies sold below or at cost or for review, advertising, sample or like purposes.
B. Royalties due on book sales are paid monthly 30 days following the end of the calendar month during which the sales were made. At the time of payment, we will make available to you an online report detailing sales of books and corresponding Royalties. Whenever the Author has received an over-payment of monies under the terms of this agreement, the Publisher may deduct the amount of this over-payment and bank charges from any sums that may accrue to the Author.
C. The author must provide details of his/her bank account. Upon providing us with that bank account information, the publisher will make payments of Royalties;
C. The Publisher agrees to give to the Author on publication one free e-copy of the Work
13. Termination & Reversion of Rights:
A. If at any time after the expiration of two (3) years from the date of publication the Publisher shall determine that there are not sufficient sales of the Work to enable it to continue its publication and sale profitably, it shall be privileged to dispose of the copies remaining on hand as it deems best, subject to the provisions with regard to royalty set forth in Clause 12 of this agreement, provided that the Publisher first notifies the Author via email to Author’s last known email address
B. In the event of bankruptcy or liquidation of the Publisher for any cause whatsoever, the rights of publication shall revert to the Author. Thereafter this agreement shall thereupon terminate without notice.
C. In the event of termination of this agreement, the rights herein granted to the Publisher shall revert to the Author.
14. Notices:
A. Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be via email.
15. Successors and Assigns:
A. This agreement shall be binding upon acceptance to the benefit of the executors, administrators, and assigns of the Author and upon the successors and assigns of the Publisher.
16. Laws Applicable:
A. This Agreement shall be interpreted according to the laws and statutes of Nigeria, except that its conflicts of law provisions shall not apply. Any litigation relating to this Agreement shall be pursued in the Nigerian Court.
17. Severability:
In the event one or more clauses of this Agreement are declared invalid, void, unenforceable or illegal, that shall not affect the validity of the remaining portions of this Agreement.
18. Entire Agreement: A. This Agreement sets forth the entire agreement of the parties, and replaces and supersedes any previous agreement between the parties on the subject, whether oral or written, expressed or implied.