The Agreement Between Author And Publisher serves as the foundational document for establishing a professional publishing relationship in the Canadian market. It is essential when an author wishes to have their work published professionally and a publisher has agreed to undertake the publication. The agreement encompasses crucial elements required under Canadian federal and provincial law, including copyright assignments or licenses, moral rights considerations specific to Canadian law, royalty structures, and publication obligations. This document is particularly important as it needs to comply with the Copyright Act (R.S.C., 1985, c. C-42) and other relevant Canadian legislation while protecting both parties' interests. It should be used whenever a new publishing relationship is established or when an existing relationship requires formal documentation, ensuring all aspects of the publishing process are clearly defined and legally protected.
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1. Parties: Identification of the Author and the Publisher with full legal names and addresses
2. Background: Context of the agreement, brief description of the Work, and the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement including 'Work', 'Publication', 'Territory', 'Net Revenue', etc.
4. Grant of Rights: Specific rights granted by the Author to the Publisher, including print, digital, and subsidiary rights
5. Author's Warranties and Indemnities: Author's guarantees regarding ownership, originality, and non-infringement of the Work
6. Delivery and Acceptance: Requirements for manuscript delivery, format, and acceptance criteria
7. Publication Obligations: Publisher's obligations regarding publication timeline, quality, and marketing efforts
8. Royalties and Payments: Payment terms, royalty rates for different formats, payment schedule, and accounting provisions
9. Copyright and Credit: Copyright ownership, registration responsibilities, and author credit requirements
10. Term and Termination: Duration of the agreement, termination conditions, and rights reversion
11. General Provisions: Standard legal provisions including governing law, notices, and entire agreement
1. International Rights: Details of rights and royalties for international markets, used when international distribution is contemplated
2. Electronic and Digital Rights: Specific provisions for e-books and digital formats, necessary for digital publication
3. Author's Moral Rights: Specific provisions regarding moral rights, particularly relevant in Canadian context
4. Series Rights: Rights and obligations regarding future works in a series, used for multi-book deals
5. Competitive Works: Restrictions on author's ability to publish competing works, used when exclusivity is required
6. Marketing and Promotion: Detailed marketing obligations and author's promotion responsibilities, used for major publications
7. Option on Future Works: Publisher's right of first refusal on author's future works, used for establishing ongoing relationship
1. Schedule A - The Work: Detailed description of the Work including title, length, format, and delivery requirements
2. Schedule B - Royalty Rates: Detailed breakdown of royalty rates for different formats and territories
3. Schedule C - Delivery Schedule: Specific dates and milestones for manuscript delivery and publication
4. Schedule D - Marketing Plan: Outline of marketing and promotion activities (if applicable)
5. Appendix 1 - Style Guide: Publisher's requirements for manuscript formatting and style
6. Appendix 2 - Subsidiary Rights: Detailed list of subsidiary rights and related royalty splits
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