New Voices Agreement
An Agreement dated ________________ between Author's Publishing Cooperative DBA Elite Books, PO Box 442, Fulton, CA 95439, (hereafter referred to as the "Publisher") and __________________________________ (hereafter referred to as the "Author") whose address is _____________________________________________________________ for rights to publish, and/or to license for publication, a written essay with the working title of _____________________________________________ (hereafter referred to as the "Work").
Grant of Rights The Author hereby grants the Publisher the
exclusive rights to print, publish, sell, and license the
above Work in book or serial form in the English language
in the United States, Canada, and all other areas of the world,
and subsidiary rights including trade, mass market, book club,
abridgment, periodical, and translation rights. All rights
not specifically granted to the Publisher are reserved to
Copyright The Publisher, upon first publication of Work, agrees
to copyright it in the name of the Author in the United States,
and to imprint the copyright notice required by law in each
copy of the Work.
Author's Warranty The Author warrants Author's sole ownership
of the Work and full power to make this grant, and certifies:
that the Work does not violate any other copyright, trademark,
or proprietary rights, that all statements of fact are true
or based upon reasonable research, and that the Work is not
scandalous, libelous, in violation of any right of privacy,
or otherwise unlawful. If illustrations are included with
Work, Author will supply Publisher with all permissions or
assignments of copyright for same.
Free Permissions and Promotion The Publisher may publish,
or permit others to publish, or to authorize critics or reviewers
to broadcast or televise the Work for publicity purposes,
and may permit charitable organizations to reproduce the Work
mechanically for the blind. Publisher may offer Work for promotional
purposes on the web sites of Publisher or others.
Schedule and Style of Publication The Publisher agrees to
publish the Work, and offer it for sale in book form as an
anthology also drawing together the works of others, within
no more than two (2) years. The Publisher agrees to publish
the Work at its own expense, with a price, design, imprint
name, style, cover and title it regards as best suited to
the sale of the Work.
Royalties Publisher will pay to tax-exempt charitable organizations,
in the fields of medicine and/or social welfare, all royalties
derived from sales of the Work, at the rate of 10% of net
sales up to 10,000 copies sold, 12% of net sales up till 20,000
copies sold, and 15% of net over 20,000 copies.
Corrections on the Proof Prior to publication Publisher will
furnish Author with galleys of the Work. The Author shall
have ten (10) days to note and correct any discrepancies between
the proof and the manuscript, and notify Publisher of same.
8. Author's Copies Author shall provide Publisher with a pre-paid purchase order, for 500 books at 50% off the cover price, in the amount of $7,500, within 10 days of execution of this Agreement. Author's books shall be shipped to Author upon publication, freight COD. Author shall be entitled to further copies of the published book in case quantities, at a discount of 50% off the cover price.
Licensing Rights The Author also hereby grants to Publisher
exclusive rights to license others to publish editions of
the Work in the English language and in translation throughout
the world. Publisher may license other parties to publish
hardcover, trade, mass market. print on demand, or other editions
prior to, subsequent to or in lieu of first publication by
Publisher, and Author hereby authorizes Publisher to enter
into such agreements. Publisher shall have the right to extend
Author's representations and warranties contained herein to
Termination and Reversion This Agreement is binding on both
the Author and Publisher for as long as a registered copyright
to the Work remains in force, and upon their respective heirs,
administrators, assigns, and successors, unless terminated
as provided below. This Agreement shall terminate and the
Work may go out of print upon expiration of all then existing
copyright registrations. Should this Agreement be terminated,
all licenses and other grants of rights previously made by
the Publisher to third parties shall remain in effect. In
the event of discontinuation of publishing operations by the
Publisher as a result of bankruptcy, or Work going out of
print, all rights in Work shall revert to Author.
Modification and Waiver This Agreement may not be modified
or altered except in writing. No waiver of any term or condition,
or breach of any part of this Agreement constitutes a waiver
of any other term or condition or breach of any other part.
This Agreement replaces all previous oral or written Agreements.
Any written notice required under any of the provisions of
this Agreement shall be deemed to have been properly served
by postal delivery to either party at the addresses above.
Legal Disputes Any dispute between the parties to this Agreement
shall be submitted to arbitration under the rules of the American
Arbitration Association, or to a third party acceptable to
both Author and Publisher. The finding of the Arbitrator is
binding on both parties. This Agreement shall be governed
by and interpreted under the laws of the state of California
and court venue or arbitration shall be in Sonoma County.