Author’s Commissioning Agreement
This Author’s Commissioning Agreement is designed for use by publishers who
wish to commission an author to write an original literary work. Under the
terms of this agreement, the copyright and other rights in that work will
be licenced to the publisher on an exclusive basis either within a defined
territory or throughout the world, for either the full period of copyright
or for a defined period.
The provisions of this template address each stage in the development
process of the work and set out milestones from the delivery of the initial
outline through the submission of the typescript and editing to the final
publishing of the work.
Payment to the Author takes the form of an advance, payable in three
stages, followed by royalties which are defined at multiple levels and
percentages with each level dependent upon the form in which the work is
sold, the numbers sold, where the work is sold, and any discounts to which
those sales are subject.
A number of additional or subsidiary rights are referenced in this
agreement. These should be examined carefully and, along with the rest of
the agreement, can be edited in order to fit the exact requirements of the
transaction you envisage.
Copyright infringement under this template may be dealt with exclusively by
the publisher or, at the author’s option, jointly. The author and publisher
may wish to enter into a separate written agreement or understanding as to
how such matters are to be handled.
Further key matters such as promotion, author’s warranties, royalty
accounting, dispute resolution and termination provisions are also
addressed in detail.
Optional phrases / clauses are enclosed in square brackets. These should be
read carefully and selected so as to be compatible with one another. Unused
options should be removed from the document.
This Author’s Commissioning Agreement contains the following clauses:
1. Definitions and Interpretation
2. The Work
3. Editing, Corrections and Author’s Credit
8. Specific Royalty Provisions
10. Subsidiary Rights
11. Author’s Warranties
13. Acceptance and Rejection
14. Remainder Sales and Notice to Recapture
15. Actions for Infringement
16. Alternative Dispute Resolution
20. Entire Agreement
21. Law and Jurisdiction
and the following schedule:
1. Subsidiary Rights
This document is in open format. Either enter the requisite details in the
highlighted fields or adjust the wording to suit your purposes.
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