The Author and Publisher Agreement is a crucial legal document used in the Philippine publishing industry when an author wishes to have their work published through a professional publishing house. This agreement serves as the foundational document that governs the relationship between authors and publishers, ensuring compliance with the Philippine Intellectual Property Code (RA 8293) and relevant civil law provisions. It is essential when transitioning from manuscript to published work, covering crucial aspects such as copyright transfer or licensing, royalty structures, publication timelines, and quality standards. The document includes specific provisions for both traditional and digital publishing rights, addressing modern publishing needs while protecting the moral and economic rights of authors under Philippine law. It's particularly important for establishing clear expectations regarding manuscript delivery, editorial processes, marketing responsibilities, and revenue sharing arrangements.
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1. Parties: Identification of the Author and the Publisher with their complete legal names and addresses
2. Background: Brief context about the Work, the Author's ownership of rights, and the Publisher's desire to publish the Work
3. Definitions: Definitions of key terms including 'Work', 'Territory', 'Publication Date', 'Net Sales', and other relevant terms
4. Grant of Rights: Specific rights granted by the Author to the Publisher, including primary, subsidiary, and electronic rights
5. Author's Warranties and Indemnities: Author's guarantees regarding ownership, originality, and non-infringement of third-party rights
6. Delivery of the Work: Requirements for manuscript delivery, format, length, and revision process
7. Publication: Publisher's obligations regarding publication timeline, quality, and marketing efforts
8. Royalties and Payments: Detailed breakdown of royalty rates, payment schedules, and accounting procedures
9. Copyright and Legal Notices: Requirements for copyright notices and other legal text to appear in the Work
10. Moral Rights: Recognition and protection of the Author's moral rights as per Philippine law
11. Term and Termination: Duration of the agreement and conditions for termination
12. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement
1. International Rights: Include when the publication is intended for international markets, specifying territory restrictions and international rights management
2. Electronic and Digital Rights: Detailed section for digital publication rights when e-book or digital distribution is contemplated
3. Subsidiary Rights: Include when dealing with adaptation rights, merchandising, or other derivative works
4. Author's Marketing Obligations: Include when the Author is expected to participate in marketing and promotion activities
5. Competing Works: Include when restricting the Author from publishing competing works
6. Option on Future Works: Include when the Publisher wants first right of refusal on the Author's future works
7. Special Market Sales: Include when special sales channels or bulk sales are anticipated
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, including format, word count, and submission requirements
3. Schedule C - Royalty Rates: Detailed breakdown of royalty rates for different formats and markets
4. Schedule D - Marketing Plan: Optional schedule outlining marketing and promotion strategies
5. Appendix 1 - Style Guide: Publisher's style requirements and formatting guidelines
6. Appendix 2 - Publishing Timeline: Detailed timeline for manuscript delivery, editing, production, and publication
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