When signing a publishing agreement with CHAFFINCH PRESS, AUTHOR agrees as follows:
- License to Publisha) AUTHOR grants CHAFFINCH PRESS non-exclusive and worldwide license to publish, store, use, transmit, distribute and sell his WORK in print and electronic form in the English language and throughout the world.b) AUTHOR remains the copyright owner of the WORK. All rights to the WORK not expressly granted to CHAFFINCH PRESS remain with the AUTHOR. The AUTHOR can sell publishing rights in languages other than English and any other rights including but not limeted to, television, film rights, advertising, merchandise and accessories rights—all without the approval of the PUBLISHER. PUBLISHER has only the rights described in Paragraphs 1a.
- TermThe license for the WORK shall extend for 3 (three) years after the WORK’S first release date. The license will automatically be renewed for consecutive 2 (two) year(s) terms if neither party gives at least thirty (30) days advance written notice transmitted via electronic or standard mail prior to the end of the current term.
- Royalty Paymentsa) On all sales of the WORK, PUBLISHER shall pay the AUTHOR royalties in the amount of twenty to fifty percent (20% – 50%) of net receipts. Net receipts are the payments that CHAFFINCH PRESS actually receives from sales of WORK, less any printing and distribution charges however levvied, returns, taxes, shipping and handling charges. The amount of royalties will be stipulated in the publishing contract between CHAFFINCH PRESS and the Author.
- b) CHAFFINCH PRESS shall pay AUTHOR all royalties earned, on a quarterly basis, within thirty (30) days of the end of each calendar quarter in which the AUTHOR earned a royalty.c) No royalty shall be paid against copies sold to the AUTHOR.d) CHAFFINCH PRESS shall regularly forward to the AUTHOR all monthly and quarterly earnings statements related to the WORK as received from distributors.e) The AUTHOR shall have the right (every six months) to examine accounts of the CHAFFINCH PRESS (at mutually agreed convenience) insofar as they relate to the BOOK. The examination will be done by AUTHOR, the Author’s representative or accountant, in person.
- PublicationCHAFFINCH PRESS intends to market, sell and distribute the WORK within 30 days of the AUTHOR’S approval of the first proof copy.
- Publication Format & Designa) CHAFFINCH PRESS and AUTHOR mutually agree on the WORK’S retail price and format. The retail price should follow generally accepted publishing industry guidelines.b) WORK will be published in paperback and/or hardcover, and/or e-book formats.c) CHAFFINCH PRESS will make no changes or alterations to the WORK without the AUTHOR’S permission. The AUTHOR will have approval over the design, format and style of the WORK, including text, graphic material and cover art. In all matters of design, format and style, CHAFFINCH PRESS will, in consultation with the AUTHOR, present graphic materials to the AUTHOR, who will have the right to approve such materials and such approval will not be unreasonably withheld.
- Book marketinga) CHAFFINCH PRESS shall provide, in agreement with the AUTHOR, all necessary pre & post-print marketing and services for the WORK, consisting of, but not limited to: press release; qualified pre-publishing editorial review of the WORK; design and maintenance of the book and authors webpage on the publisher’s website; magazine promotions and interviews with the AUTHOR; social channels and blog posts; book-giveaways to book review venues and book bloggers, book video trailer, potential nomination literary awards; and the inclusion of the published WORK in the CHAFFINCH PRESS catalogue.b) AUTHOR shall participate and support, in accordance to his schedule and availability, all marketing and promotional actions organized by the CHAFFINCH PRESS.
- Free BooksAUTHOR shall be entitled to two (2 ) free proof copy(ies) of each of the book formats consisting of the WORK.
- Author’s DiscountsAUTHOR shall be entitled to purchase copies of the WORK through CHAFFINCH PRESS with a standard trade discount of thirty percent (30%) off list price. AUTHOR shall pay for the shipping charges from the printer to his designated destination.
- Author WarrantiesAUTHOR represents and warrants the following to CHAFFINCH PRESS:a) AUTHOR is the sole copyright owner of the WORK (this includes manuscript, pictures, images, drawings and any other materials submitted to CHAFFINCH PRESS) and has the full power, authority and right to enter into this Publishing Agreement;b) This Agreement does not conflict with any other contracts, understandings, or arrangements between the AUTHOR and any other person or entity;c) The WORK is not in the public domain and is entirely original except for portions thereof for which legally effective written licenses, copyrights, or permissions have been secured;
d) The WORK as submitted, and its publication by CHAFFINCH PRESS, do not and will not violate or infringe upon any personal or proprietary rights, including without limitation copyrights, trademark rights, trade secret rights, contract rights, privacy rights, or publicity rights of any other persons and entities;
e) The WORK and all the rights in WORK are free of liens, claims, interests or rights in others of any kind;
f) CHAFFINCH PRESS shall not have any legal responsibility for AUTHOR’S WORK.
g) The WORK is not defamatory or obscene, or in any other way illegal; and any recipes, formulae, instructions, or recommendations contained in the WORK are not and will not be injurious to any reader, user, or third person;
h) All information submitted to CHAFFINCH PRESS is entirely accurate to the best knowledge of the AUTHOR.
- IndemnificationAUTHOR agrees to fully indemnify, defend and hold harmless CHAFFINCH PRESS and its affiliates from and against any losses, lost profits, damages, liabilities, judgments, awards, decrees, settlements, or expenses (including without limitation, reasonable legal fees and court costs) arising from, connected with, or by reason of any breach of any of the representations and warranties set forth above, but the AUTHOR shall not be liable for any matter inserted in the WORK by CHAFFINCH PRESS or its licensees. All warranties and indemnifications made by the AUTHOR therein shall survive termination of Publishing Agreement between CHAFFINCH PRESS and the AUTHOR or any license under Agreement.”Affiliates” means owners, shareholders, officers, directors, employees, parents, subsidiaries, affiliated companies, licensees, distributors, advertisers, Internet service providers, attorneys, and accountants and any other person or entity to whom Publisher extends its license or warranties to in connection with the production, dissemination, transmission, promotion, publication, or distribution of the WORK or the exercise of any rights in the WORK or derived from the WORK.
- Copyright InfringementCHAFFINCH PRESS shall have the right to commence action for copyright infringement based on the rights granted under this Agreement.