This Agreement is made to be effective the _____ of _____________
2006 ("Contract Date") by and between the Germans from
Russia Heritage Collection ("GRHC"), North Dakota State
University Libraries, hereinafter referred to as PUBLISHER, and
______________________________, hereinafter referred to as AUTHOR
or COMPILER. The author desires the PUBLISHER to complete the publication
("Work") of a manuscript entitled:
_______________________________________________________________
according to the terms and conditions set forth.
I. The PUBLISHER agrees to:
A. Publish such Work within a period of one year from the
date of the receipt by the PUBLISHER of a completed copy thereof,
ready for the printer, in such book form and edition, or editions,
and at such price as the PUBLISHER deems best suited for the
successful marketing thereof, and to keep such in print as long
as the demand for such Work reasonably justifies.
B. Secure a copyright in PUBLISHER's name with the Copyright
Office of the Library of Congress, Washington, D.C., together
with copyrights in such foreign countries as the PUBLISHER deems
necessary to protect all rights in such work, and to secure
a renewal and extensions of such copyrights as are necessary
so long as this contract remains in force and effect the sole
and exclusive right to print, publish, copy, and vend the printings
of the Work. Author agrees that said Work constitutes a work
for hire under the U.S. Copyright Law.
C. Publish the work at Publisher's own expense.
D. Permit the AUTHOR, upon written consent of the PUBLISHER,
to assign by written assignment all rights, if any, reserved
by the AUTHOR in such Work.
E. Pay to the AUTHOR, fifty (50) percent of the net profits
accruing in the event any first or second serialization, motion
picture, television, radio production, transcription, or dramatic
production of such is selected and contracted for by any book
club, reprint house, foreign publisher, or other agency of publication,
for all of which purposes the PUBLISHER is hereby solely empowered
by the AUTHOR to contract.
F. Secure the approval of the AUTHOR for any agreement concerning
the publication of copies other than in softcover form.
II. The AUTHOR hereby agrees to:
A. Furnish to the PUBLISHER within one year after the Contract
Date a manuscript properly prepared for the press.
B. Make available at Author's expense any photographs, maps,
or other illustrative material to be included in the book.
C. Read galley and page proof and return within a reasonable
period of time as specified by the PUBLISHER.
D. Cooperate with the PUBLISHER in expediting in every way
the production and publication of said Work including executing
any necessary assignments or transfer documents.
E. Allow PUBLISHER to determine the book and cover design.
III. The AUTHOR does hereby warrant that:
A. The manuscript when submitted will be complete and ready
for publication, that Author will be the sole author or will
otherwise have full power to enter into the present agreement.
B. The manuscript is free from any and all libelous or otherwise
unlawful material; and that the Author will hold the PUBLISHER
harmless against any suit, claim or recovery upon any proprietary
right, copyright, or libelous or other unlawful or objectionable
matter as regards such literary work, and will at Author's own
expense defend any such suit, claim or recovery in Author's
own behalf and on behalf of the PUBLISHER.
C. Author will not, without the consent of the PUBLISHER,
furnish to any other publisher any work on the same subject
of such extent and character as to conflict with the sale of
said Work.
D. When called upon by the PUBLISHER to do so, Author will
prepare material needed for new editions of the Work. In the
event of the desirability of a new edition after the death or
disability of the AUTHOR, the PUBLISHER may engage competent
persons to prepare the necessary new material.
IV. It is further mutually agreed between the PUBLISHER and
the AUTHOR that:
A. The final title of the Work will be determined by mutual
consent between the PUBLISHER and the AUTHOR.
B. Such changes may be made by the PUBLISHER in the text of
the manuscript as may be required to conform to the Publisher's
Manual of Style or one designated by the PUBLISHER, and otherwise
conform to the prerequisites of the PUBLISHER for publication.
C. The AUTHOR will pay for alterations made after the type
has been set and proof rendered, to the extent that extra charges
exceed ten (10) percent of the cost of composition.
D. Between the AUTHOR __________________________, and the
GRHC Bibliographer, these are agreed conditions for books sales,
revenues, revenue payment, schedule, and exemptions for publishing,
printing, and promotional costs. There is also inclusion of
discount sales schedules.
1. Initial promotional costs include:
Complimentary review copies sent to selected local, regional,
national, and international journals and newspapers are factored
as publishing costs at wholesale price, including postage and
shipment costs for these review copies.
2. Author defers any royalty payment per sold book, until
the total cost for the following has been paid from books sales:
desk-top publishing, proofreading, editing, translation, publishing,
and website development.
3. Author receives $ ________ royalty payment per book sold,
with direct sales with full retail price from the Germans from
Russia Heritage Collection, NDSU Libraries.
4. When wholesale sales are made of the book, the Author
receives $ ______ royalty payment per book sold.
5. PUBLISHER will receive (specified number) of books for promotional
sales, and Author will receive a 40% discount on all books personally
purchased. These books are not eligible for royalty payment.
6. The revenue sharing agreement shall apply to all other sales
(both retail/full price and discounted prices) by either party.
PUBLISHER will fulfill book orders including mailing.
7. Upon publication of the Work, the PUBLISHER shall make a
good faith effort to publicize and otherwise promote the sale
of the Work. The mode, medium, and extent of such publicity and/or
promotion of the Work shall in all events be undertaken at the
sole expense and discretion of the Publisher, unless otherwise
agreed to in writing by all parties.
8. PUBLISHER will pay the appropriate revenues to Author on
or near 1 January and 1 July of each year, beginning with completion
of initial costs for preparation, publishing and promotion of
Work. This process will continue as long as there are sales of
the Work.
9. If after five years from the date of publication fewer than
fifty (50) copies of the Work are sold within any calendar year,
the PUBLISHER may offer, at a remainder price, to the AUTHOR the
remaining part of the edition, and in the event the AUTHOR does
not, within sixty (60) days from the receipt of such offer, notify
the PUBLISHER in writing of Author's agreement to purchase same,
the said remaining part of the edition may be destroyed by the
PUBLISHER. The PUBLISHER may also pursue sale of the remaining
at wholesale price or at a discount.
10. The specifications of this Agreement are assumed to continue
unchanged beyond contract date, unless amended by a re-negotiated
Agreement by all parties representing the Author and the Publisher
interests.
11. All terms and stipulations of this contract are contingent
upon acceptance of the manuscript by the Bibliographer, Germans
from Russia Heritage Collection.
12. Please sign your signature to both copies of this document:
1) Return one copy to Germans from Russia Heritage Collection,
NDSU Libraries, PO Box 5599, Fargo, ND 58105-5599; and 2) retain
one copy for Author's files.
In witness hereof, the undersigned have hereunto affixed their
signatures.
