BOOK PUBLISHING AGREEMENT

Effective Date: _____ day of _________________, 20_____

PARTIES

AUTHOR:

PUBLISHER:

RECITALS

WHEREAS, Author has written or is writing a literary work entitled as described below (the "Work");

WHEREAS, literary works are copyrightable subject matter under 17 U.S.C. § 102(a)(1);

WHEREAS, Publisher is engaged in the business of publishing books and desires to publish the Work;

WHEREAS, Author desires to grant Publisher certain rights to publish and distribute the Work; and

WHEREAS, the parties intend this Agreement to be a grant of rights, not a "work made for hire" under 17 U.S.C. § 101 (unless otherwise specified).

NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:

ARTICLE I: THE WORK

Section 1.1 Description of Work

Section 1.2 Work Description

Brief description of the Work:
_____________________________________________
_____________________________________________
_____________________________________________

Section 1.3 Ancillary Materials

Author shall deliver the following with the manuscript:
☐ Index (or cooperation with indexer)
☐ Table of contents
☐ Bibliography
☐ Photographs/illustrations (number: _____)
☐ Permissions for third-party material
☐ Author biography
☐ Dedication
☐ Acknowledgments
☐ Other: _________________________

ARTICLE II: GRANT OF RIGHTS

Section 2.1 Rights Granted

Author hereby grants to Publisher the following rights in the Work:

☐ EXCLUSIVE LICENSE (Author retains copyright; Publisher receives exclusive publishing rights)

☐ COPYRIGHT ASSIGNMENT (Full transfer of copyright to Publisher)

Note: If granting an exclusive license, this constitutes a "transfer of copyright ownership" under 17 U.S.C. § 101 and must be in writing per § 204.

Section 2.2 Scope of Rights

Check all rights granted to Publisher:

Primary Print Rights:
☐ Hardcover edition
☐ Trade paperback edition
☐ Mass market paperback edition
☐ Large print edition

Digital Rights:
☐ E-book (all formats)
☐ Enhanced e-book (with audio/video)
☐ Print-on-demand
☐ Online/web publication

Subsidiary Rights:
☐ Audio book (unabridged)
☐ Audio book (abridged)
☐ Translation rights (all languages)
☐ Translation rights (languages: _________)
☐ Book club rights
☐ Serial rights (first and second)
☐ Anthology/compilation rights
☐ Condensation/abridgment rights
☐ Motion picture/television rights
☐ Dramatic/theatrical rights
☐ Merchandising rights
☐ Graphic novel/comic adaptation
☐ Interactive/gaming rights

Section 2.3 Territories

☐ World rights (all territories)
☐ North American rights (US, Canada, open market)
☐ United States and territories only
☐ English language worldwide
☐ Specific territories: _________________________

Section 2.4 Languages

☐ English language only
☐ All languages
☐ Specific languages: _________________________

Section 2.5 Term of Rights

☐ Full copyright term (life of author plus 70 years per 17 U.S.C. § 302)
☐ Fixed term: _____ years from publication
☐ Until out of print (subject to reversion provisions)
☐ Other: _________________________

Section 2.6 Reserved Rights

Author reserves the following rights:
_____________________________________________

ARTICLE III: MANUSCRIPT DELIVERY AND ACCEPTANCE

Section 3.1 Delivery

Author shall deliver the complete manuscript to Publisher by _________________________.

Format: ☐ Electronic (Word/PDF) ☐ Hard copy ☐ Both

Section 3.2 Acceptance

Publisher shall notify Author within _____ days of delivery whether the manuscript is:
☐ Accepted as delivered
☐ Accepted subject to revisions
☐ Rejected

Section 3.3 Revisions

If Publisher requests revisions, Author shall have _____ days to complete revisions.

Section 3.4 Unacceptable Manuscript

If the manuscript is ultimately unacceptable:
☐ Author shall repay any advance received
☐ Author shall repay advance only if Author resells the Work to another publisher
☐ Author retains advance; rights revert to Author

ARTICLE IV: PUBLICATION

Section 4.1 Publication Commitment

Publisher shall publish the Work within _____ months of acceptance (the "Publication Deadline").

Section 4.2 Failure to Publish

If Publisher fails to publish by the Publication Deadline:
☐ Author may terminate and retain all advances
☐ Author may terminate with rights reverting immediately
☐ Publisher shall have an additional _____ days to cure
☐ Other: _________________________

Section 4.3 Publisher's Discretion

Publisher shall have control over:
☐ Title (in consultation with Author)
☐ Cover design (in consultation with Author)
☐ Format and pricing
☐ Marketing and promotion
☐ Print runs and distribution

Author Approval Required For:
☐ Final title
☐ Cover art/design
☐ Back cover copy
☐ Author photo/bio
☐ Other: _________________________

ARTICLE V: ADVANCES AND ROYALTIES

Section 5.1 Advance

Publisher shall pay Author a non-refundable advance against royalties of:

Total Advance: $_________________________

Payment Schedule:
☐ $_________ upon execution
☐ $_________ upon delivery and acceptance
☐ $_________ upon publication
☐ $_________ upon ____________

Section 5.2 Royalty Rates

Publisher shall pay Author the following royalties based on the format:

Hardcover:
| Copies Sold | Royalty Rate |
|-------------|--------------|
| 1 - 5,000 | _____% of list price |
| 5,001 - 10,000 | _____% of list price |
| 10,001+ | _____% of list price |

Trade Paperback:
| Copies Sold | Royalty Rate |
|-------------|--------------|
| 1 - 10,000 | _____% of list price |
| 10,001 - 20,000 | _____% of list price |
| 20,001+ | _____% of list price |

Mass Market Paperback:
_____% of list price (or _____% of net receipts)

E-book:
_____% of net receipts (typically 25%)

Audio Book:
_____% of net receipts (typically 25% for Author's share)

Section 5.3 Subsidiary Rights Revenue Split

Section 5.4 Reduced Royalties

Royalties may be reduced to _____% of standard rates for:
☐ Deep discount sales (greater than _____% discount)
☐ Special sales
☐ Remainder sales (after _____ years)
☐ Small print runs (fewer than _____ copies)

Section 5.5 No Royalty

No royalty shall be paid on:
☐ Damaged or unsaleable copies
☐ Promotional copies (up to _____ copies)
☐ Review copies
☐ Author's copies (_____ free copies provided)
☐ Copies sold at or below manufacturing cost

Section 5.6 Accounting and Payment

Publisher shall:
(a) Account to Author ☐ semi-annually ☐ quarterly on _________________________
(b) Pay royalties within _____ days of accounting period end
(c) Provide statements showing copies sold, returns, royalties earned, and amounts paid
(d) Maintain a reserve against returns not to exceed _____% for _____ accounting periods

Section 5.7 Audit Rights

Author (or Author's representative) may audit Publisher's records upon _____ days' notice, no more than once per year. If audit reveals underpayment exceeding 5%, Publisher shall pay audit costs.

ARTICLE VI: COPYRIGHT AND CREDITS

Section 6.1 Copyright Ownership

☐ Author retains copyright: Copyright shall be registered in Author's name pursuant to 17 U.S.C. § 408.

☐ Publisher owns copyright: Copyright shall be registered in Publisher's name (work made for hire or assignment).

Section 6.2 Copyright Registration

☐ Publisher shall register copyright with the U.S. Copyright Office
☐ Author shall register copyright
Registration fee paid by: ☐ Publisher ☐ Author

Section 6.3 Copyright Notice

All copies shall bear copyright notice: © [Year] [Copyright Owner Name]

Section 6.4 Author Credit

Author shall receive credit as follows:
"By [Author Name/Pen Name]"

Credit placement:
☐ Cover ☐ Title page ☐ Spine ☐ Copyright page ☐ Marketing materials

ARTICLE VII: AUTHOR'S REPRESENTATIONS AND WARRANTIES

Section 7.1 Warranties

Author represents and warrants that:

(a) Author is the sole author of the Work (except for material identified in Section 7.3);

(b) The Work is original and does not infringe any copyright, trademark, or other intellectual property right;

(c) The Work does not contain defamatory, libelous, or unlawful material;

(d) The Work does not invade any person's right of privacy or publicity;

(e) Author has not previously published the Work (except: _________) or granted conflicting rights;

(f) Author has full power and authority to enter into this Agreement;

(g) All statements of fact in the Work are true to the best of Author's knowledge (for non-fiction);

(h) Author has obtained all necessary permissions for third-party material included in the Work; and

(i) The Work is not subject to any pending litigation.

Section 7.2 Third-Party Material

Author shall be responsible for obtaining and paying for all permissions for third-party material, including:
☐ Quotations exceeding fair use
☐ Photographs and illustrations
☐ Charts, graphs, and tables
☐ Song lyrics and poetry
☐ Other copyrighted material

Section 7.3 Collaboration

☐ Not applicable - Author is sole author

☐ The Work was created with the following collaborator(s):
Name: _________________________ Contribution: _________________________
Separate agreement attached: ☐ Yes ☐ No

ARTICLE VIII: AUTHOR'S INDEMNIFICATION

Section 8.1 Indemnification

Author shall indemnify and hold harmless Publisher from any claims, damages, costs, and expenses (including reasonable attorneys' fees) arising from breach of Author's warranties or any claim that the Work infringes third-party rights.

Section 8.2 Insurance

☐ Publisher shall name Author as additional insured on Publisher's media liability policy
☐ Author shall obtain own media liability insurance

ARTICLE IX: REVERSION OF RIGHTS

Section 9.1 Out of Print

The Work shall be considered "out of print" if:
☐ Fewer than _____ copies sold in any twelve-month period; AND
☐ The Work is not available in any format (including e-book and print-on-demand)

Section 9.2 Reversion Procedure

(a) If the Work is out of print, Author may request reversion in writing.

(b) Publisher shall have _____ months to either:
- Return the Work to print; or
- Confirm reversion of rights

(c) Upon reversion, all rights granted revert to Author.

Section 9.3 Statutory Termination (17 U.S.C. § 203)

Author acknowledges the statutory right to terminate this grant of rights during the five-year period beginning thirty-five (35) years after execution (or thirty-five years after publication, if later) by serving notice as required by law. This right cannot be waived.

ARTICLE X: OPTION ON FUTURE WORKS

☐ Option Granted:

Author grants Publisher the option to publish Author's next book-length work in the same genre, on terms to be negotiated. Author shall submit such work to Publisher before any other publisher. Publisher shall have _____ days to make an offer. If Publisher's offer is not acceptable, Author may seek other offers, but shall not accept an offer less favorable than Publisher's without first offering Publisher the opportunity to match.

☐ No Option Granted

ARTICLE XI: TERMINATION

Section 11.1 Termination for Breach

Either party may terminate upon _____ days' written notice if the other party materially breaches and fails to cure within such period.

Section 11.2 Effect of Termination

Upon termination:
(a) All rights revert to Author (except for editions already printed);
(b) Publisher may sell existing inventory for _____ months;
(c) Publisher shall pay all royalties earned through termination;
(d) Author shall retain any advances paid.

ARTICLE XII: GENERAL PROVISIONS

Section 12.1 Governing Law

This Agreement is governed by federal copyright law and the laws of _________________________.

Section 12.2 Dispute Resolution

☐ Disputes resolved in courts of _________________________
☐ Disputes resolved by binding arbitration in _________________________

Section 12.3 Entire Agreement

This Agreement constitutes the entire agreement.

Section 12.4 Amendments

Amendments must be in writing and signed by both parties.

Section 12.5 Assignment

☐ Neither party may assign without consent
☐ Publisher may assign to affiliates or purchasers of publishing business
☐ Author may not assign without Publisher's consent

Section 12.6 Notices

Notices to addresses above.

Section 12.7 Counterparts

May be executed in counterparts.

Section 12.8 Agency

If Author is represented by a literary agent:
Agent Name: _________________________
Agent shall receive _____% of all payments to Author
Agent is authorized to receive payments on Author's behalf: ☐ Yes ☐ No

EXECUTION

IN WITNESS WHEREOF, the parties execute this Book Publishing Agreement.

AUTHOR:

Signature: _____________________________________________

Printed Name: _____________________________________________

Date: _____________________________________________

PUBLISHER:

Signature: _____________________________________________

Printed Name: _____________________________________________

Title: _____________________________________________

Date: _____________________________________________

EXHIBIT A: PUBLICATION SPECIFICATIONS

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Publishing agreements involve complex copyright, business, and contractual issues. Authors should consult with a literary attorney or agent before signing any publishing agreement.