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Publisher Author Contract for the United States

Publisher Author Contract Template for United States

A Publisher Author Contract is a legally binding agreement governed by U.S. law that establishes the terms and conditions under which a publisher will publish and distribute an author's work. This document outlines rights granted, compensation terms, delivery requirements, publication obligations, and various other crucial aspects of the publishing relationship. It incorporates relevant provisions from U.S. Copyright Law and state-specific contract regulations.

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What is a Publisher Author Contract?

The Publisher Author Contract serves as the foundational document governing the relationship between authors and publishing houses in the United States. This contract type is essential when an author wishes to have their work published through a traditional publishing house, establishing clear parameters for rights, responsibilities, and compensation. Used across various publishing sectors, from trade books to academic works, the agreement ensures compliance with U.S. copyright law while protecting both parties' interests. The contract typically covers manuscript delivery, publication timeline, royalty structures, and rights management, providing a comprehensive framework for the entire publishing process.

What sections should be included in a Publisher Author Contract?

1. Parties: Identification and details of the publisher and author

2. Background: Context of the agreement and basic premises

3. Definitions: Key terms used throughout the agreement

4. Grant of Rights: Specific rights being transferred from author to publisher

5. Manuscript Delivery: Timeline and specifications for manuscript submission

6. Compensation: Royalty rates, advances, and payment terms

7. Publication: Publisher's obligations regarding publication timeline and format

8. Term and Termination: Duration of agreement and conditions for ending it

What sections are optional to include in a Publisher Author Contract?

1. International Rights: Terms for international publication and translation rights when international distribution is anticipated

2. Subsidiary Rights: Terms for adaptation rights (film, audio, etc.) when potential adaptation opportunities exist

3. Marketing Obligations: Author's role in promotion and marketing when specific marketing commitments are required

4. Option Clause: Publisher's right of first refusal on author's next work when publisher wants to secure future works

What schedules should be included in a Publisher Author Contract?

1. Schedule A - Work Description: Detailed description of the work, including length, format, and subject matter

2. Schedule B - Delivery Requirements: Specific formatting and submission requirements for the manuscript

3. Schedule C - Royalty Rates: Detailed breakdown of royalty rates for different formats and territories

4. Appendix 1 - Marketing Plan: Optional detailed marketing strategy and commitments

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Publisher

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Sector

IP

Cost

Free to use

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