The Contract Between Author And Publisher is a fundamental document in the Nigerian publishing industry, essential for establishing the legal and commercial framework for publishing literary works. This agreement is typically used when an author wishes to have their work published and distributed by a professional publishing house in Nigeria. The document covers crucial aspects including copyright transfer or licensing, royalty structures, publication timelines, and mutual obligations. It must comply with Nigerian copyright law, contract law, and relevant international publishing conventions. The agreement protects both parties' interests by clearly defining rights, responsibilities, and remedies under Nigerian jurisdiction, while addressing modern publishing considerations such as digital rights and international distribution.
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1. Parties: Identification of the Author and the Publisher with full legal names and addresses
2. Background: Context of the agreement, brief description of the work, and the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement including 'Work', 'Publication', 'Territory', 'Rights', etc.
4. Grant of Rights: Specific rights being granted to the publisher, including primary, subsidiary, and electronic rights
5. Manuscript Delivery: Requirements for manuscript submission, format, length, and delivery deadline
6. Publisher's Obligations: Publisher's commitments regarding publication, marketing, and distribution of the work
7. Author's Warranties: Author's guarantees regarding ownership, originality, and non-infringement of the work
8. Royalties and Payments: Payment terms, royalty rates, accounting periods, and payment schedules
9. Publication: Timeline for publication, format specifications, and pricing considerations
10. Copyright and Credit: Copyright notice requirements and author credit specifications
11. Term and Termination: Duration of the agreement and conditions for termination
12. General Provisions: Standard legal clauses including governing law, dispute resolution, and entire agreement
1. Translation Rights: Include when the publisher may want to translate the work into other languages
2. Film and Adaptation Rights: Include when dealing with potential adaptation of the work to other media
3. Author's Marketing Obligations: Include when the author is expected to participate in promotion activities
4. Competitive Works: Include when restricting the author from publishing similar works
5. Multiple Book Deal: Include when the contract covers a series or multiple books
6. Electronic Publishing: Include detailed provisions for digital formats and platforms
7. Print on Demand: Include when print-on-demand services will be used
8. International Distribution: Include when the work will be distributed outside Nigeria
1. Schedule A - The Work: Detailed description of the work including title, synopsis, and specifications
2. Schedule B - Delivery Requirements: Technical specifications for manuscript delivery and acceptance criteria
3. Schedule C - Royalty Rates: Detailed breakdown of royalty rates for different formats and territories
4. Schedule D - Marketing Plan: Overview of planned marketing and promotion activities
5. Appendix 1 - Style Guide: Publisher's style requirements and formatting guidelines
6. Appendix 2 - Copyright Registration: Details of copyright registration process and requirements under Nigerian law
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