The Full Publishing Agreement serves as the primary contractual instrument between authors and publishers in the United States publishing industry. This document is essential when an author wishes to grant publishing rights to a publisher, whether for a single work or multiple works. It comprehensively addresses all aspects of the publishing relationship, including copyright management, royalty structures, publication timelines, and rights exploitation. The agreement must comply with U.S. Copyright Law, state contract laws, and relevant federal regulations, while also considering digital rights management and international publishing standards.
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1. Parties: Identification of publisher and author/rights holder
2. Background: Context of the agreement and brief description of the work
3. Definitions: Key terms used throughout the agreement including 'Work', 'Territory', 'Publishing Rights', etc.
4. Grant of Rights: Specific rights being granted to the publisher
5. Delivery and Acceptance: Terms for manuscript delivery and acceptance process
6. Publication Obligations: Publisher's obligations regarding publication timeline and quality
7. Royalties and Payments: Payment terms, royalty rates, and accounting provisions
8. Term and Termination: Duration of agreement and termination conditions
1. Subsidiary Rights: Terms for additional rights like film, merchandise - include when subsidiary rights are part of the deal
2. Electronic Rights: Digital publishing terms - include when e-book or digital distribution is part of the agreement
3. International Rights: Terms for international publication - include when publishing rights extend beyond one territory
4. Author's Warranties: Additional author guarantees - include when specific assurances are needed about content
1. Schedule A - The Work: Detailed description of the work including word count, format, delivery date
2. Schedule B - Royalty Rates: Detailed breakdown of royalty percentages for different formats and territories
3. Schedule C - Marketing Plan: Marketing commitments and promotional activities
4. Schedule D - Style Guide: Formatting and style requirements
5. Appendix 1 - Author Guidelines: Publisher's standard author guidelines and requirements
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