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Author Publisher Agreement Template for Australia

This document is a comprehensive legal agreement governed by Australian law that establishes the contractual relationship between an author and a publisher. It sets out the terms and conditions for the publication, distribution, and commercialization of the author's work, including copyright assignments, royalty arrangements, and both parties' obligations. The agreement complies with the Australian Copyright Act 1968 and relevant state legislation, incorporating provisions for both traditional and digital publishing rights, while protecting the interests of both the author and publisher in the Australian market and potentially international territories.

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What is a Author Publisher Agreement?

The Author Publisher Agreement is a crucial legal document used in the Australian publishing industry to formalize the relationship between authors and publishers. This agreement is essential when an author wishes to have their work published and distributed by a professional publishing house. It covers vital aspects such as copyright assignment or licensing, royalty structures, publication timelines, and both parties' obligations. The document must comply with Australian legislation, particularly the Copyright Act 1968 and relevant state laws, while also considering international publishing standards when applicable. It's designed to protect both the author's creative interests and the publisher's commercial investment, providing clear guidelines for the publication process, marketing responsibilities, and revenue sharing arrangements. The agreement can be customized for various types of works, from fiction and non-fiction books to academic publications and digital content.

What sections should be included in a Author Publisher Agreement?

1. Parties: Identification and details of the Author and Publisher

2. Background: Context of the agreement, including brief description of the work and parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of Rights: Specific rights granted by the author to the publisher, including territory and duration

5. Author's Obligations: Author's responsibilities including delivery of manuscript, revisions, and warranties

6. Publisher's Obligations: Publisher's responsibilities including publication, marketing, and accounting

7. Manuscript Delivery and Acceptance: Terms regarding manuscript submission, acceptance criteria, and revision process

8. Publication: Requirements and timeframes for publication, format, and quality standards

9. Royalties and Payments: Payment terms, royalty rates, and calculation methods

10. Copyright and Moral Rights: Protection of copyright and moral rights, including copyright notice requirements

11. Term and Termination: Duration of agreement and circumstances for termination

12. General Provisions: Standard legal clauses including governing law, dispute resolution, and notices

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

1. Electronic and Digital Rights: Specific terms for digital publishing, used when e-book or digital formats are included

2. Subsidiary Rights: Terms for translation, dramatization, or other adaptations, included when these rights are part of the deal

3. Author's Marketing Support: Details of author's promotional obligations, included when specific marketing commitments are required

4. Competitive Works: Restrictions on author's other publications, included when exclusivity is required

5. Second and Subsequent Editions: Terms for future editions, included when multiple editions are contemplated

6. International Distribution: Specific terms for international markets, included when international distribution is planned

7. Audio Rights: Terms for audiobook production and distribution, included when audio rights are part of the agreement

8. Academic Review Process: Peer review and academic quality control provisions, included for academic publications

What schedules should be included in a Author Publisher Agreement?

1. Schedule 1 - Work Specifications: Detailed description of the work, including length, format, and delivery requirements

2. Schedule 2 - Royalty Rates: Detailed breakdown of royalty rates for different formats and territories

3. Schedule 3 - Advance Payment Schedule: Payment milestones and amounts for any advance payments

4. Schedule 4 - Marketing Plan: Outline of planned marketing activities and responsibilities

5. Schedule 5 - Production Schedule: Key dates and milestones for manuscript delivery, editing, and publication

6. Appendix A - Style Guide: Publisher's style requirements and formatting guidelines

7. Appendix B - Copyright Assignment: Formal copyright assignment documentation if required

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

tiktok˰

Document Type

Access Agreement

Cost

Free to use

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