Agreement between Author and
New Publisher[CD1]
AGREEMENT
is made at _________ this day of___________ between ________________R/o
______________Hereinafter referred to as the `Author' of the First Part
&......................carrying on business at _____________ Hereinafter
referred to as `the New Publisher of the Other Part.
WHEREAS
1.
The Author, by a Deed of
Assignment dated ______________between the Author and_________________ (hereinafter
referred as the Old Publisher) in consideration therein mentioned, assigned to
the said. Old Publisher all his copy right in the book titled
_______________written by him subject to certain reservations particularly
regarding subsequent edition of the book and the first edition has been
published by the said old Publisher in the year_______________
2.
The said Old Publisher has
in his turn assigned the said copyright in the said book to the New Publisher
by a Deed of Assignment dated........ 200-
3.
The Old Publisher had
brought out, and sold one edition of the said book and the book is due for
republication, being in demand.
4.
The New Publisher has
approached the Author with a request to re-edit the said Book by making
necessary, additions omissions or alterations so as to bring it up-to-date and
which the Author has agreed to do on the following terms and conditions.
NOW
IT IS AGREED BY THE PARTIES HERETO AS FOLLOWS:
1.
The Author, at the request
of the New Publisher agrees to re-edit the said book entitled ______________by
making necessary additions, omissions, alterations or corrections as may be
necessary to make it up-to-date. The Author agrees to complete the said work
within __________months from the date hereof and to hand over to the New Publisher
the re-edited manuscript copy of the said book.
2.
The Author grants license to
the New Publisher to publish such a revised edition to be prepared by the
Author.
3.
The Author covenants that he
will not give any license to any other person for republishing the said book
revised or unrevised.
4.
The New Publisher agrees to
pay to the Author by way of royalty for the revised edition a sum equal to
________per cent of the price of each copy of the book sold less the
proportionate costs of printing and the amount will be paid at the end of every
________months from the publication of the revised edition for all copies
during the said period.
5.
The New Publisher shall send
to the Author every _______months a statement of account in respect of the
royalty payable to the Author and the Author will have the right to inspect the
books of account, vouchers and papers of the New Publisher to verify the
correctness of the account submitted by the New Publisher.
6.
The Author shall have a lien
on the unsold copies for the amount of royalty due and payable to him and he
will be entitled to enforce the said lien through Court.
7.
The Author warrants that the
said book or its revised edition does not infringe the copyright of anybody
else and does not and will not contain any defamatory material.
8.
The New Publisher will
supply ___________copies of the said book free of costs to the Author.
9.
This License is limited to
the publication of the said revised edition of the book and if after the new
edition is published and sold out, and the New Publisher does not agree to
reprint or bring out a new edition of the said revised edition of the Book, on
the terms of this agreement or otherwise the Author will be entitled to get a
new edition printed and published through some other publisher and the License
hereby granted by the Author shall be deemed to have lapsed.
10.
The Deed of Assignment of
copyright between the Author and the Old Publisher shall be deemed to be
modified by this Agreement and subject to such modification it will continue to
remain in force.
11.
If any dispute or difference
shall arise between the parties hereto in connection with or arising out of
this agreement of whatsoever nature, the same shall be referred to arbitration
of a common Arbitrator if agreed upon failing which to two Arbitrators, one to
be appointed by each party to the dispute and the Arbitration will be governed
by the Arbitration Act.
12.
This Agreement is executed
in duplicate and one copy will remain with the Author and the other with the
New Publisher.
IN
WITNESS WHEREOF the parties have put their hands the day and year first
hereinabove written. Signed and delivered by
.......................
The
within named Author
In
the presence of.................................)
Signed
and delivered by
.......................
The
within named Publisher
In
the presence of.................................)
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