Publisher-Author Agreement Template India

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Agreement Between Publisher and Author Format

Are you an author seeking a professional Agreement Between Publisher and Author Format to protect your rights and ensure fair publishing terms? Our ready-to-use legal template in PDF/Word format is customizable and available for free download, tailored for Indian publishing needs.

What is an Agreement Between Publisher and Author?

An Agreement Between Publisher and Author is a legally binding contract that outlines the terms under which a publisher agrees to publish an author's work. This essential document covers rights, royalties, responsibilities, and timelines, preventing disputes in the competitive Indian publishing industry. Whether you're a debut novelist or an established writer, having a solid Agreement Between Publisher and Author Format ensures your intellectual property is safeguarded while clarifying expectations with the publisher.

Why is it Important?

In India, where the publishing sector is booming with digital and print books, a well-drafted Agreement Between Publisher and Author Format is crucial for several reasons. It protects the author's copyright, specifies royalty rates (often 7-15% for Indian authors), and defines delivery schedules, editing rights, and marketing obligations. Without it, authors risk exploitation, such as unauthorized reprints or inadequate compensation. Courts in India recognize these agreements under the Indian Contract Act, 1872, and Copyright Act, 1957, making a standardized format vital for enforceability. Key benefits include clear dispute resolution mechanisms, termination clauses, and audit rights for royalty verification, giving authors peace of mind.

Key Elements of the Agreement Between Publisher and Author Format

Our Agreement Between Publisher and Author Format includes all essential sections for comprehensive protection:

Parties Involved: Details of author and publisher.
Work Description: Title, genre, word count, and manuscript specifications.
Grant of Rights: Territory (e.g., India, worldwide), exclusive/non-exclusive rights, and sub-licensing.
Royalty and Payments: Advance, royalty percentages, payment schedules, and escalation clauses.
Delivery and Acceptance: Manuscript submission deadlines and acceptance criteria.
Editing and Publication: Publisher's editing rights, cover design approval, and publication timeline (typically 12-18 months).
Marketing and Promotion: Shared responsibilities and budget allocations.
Warranty and Indemnity: Author's guarantees on originality.
Termination and Reversion Rights: Conditions for ending the agreement and rights reversion.
Governing Law: Indian law, with jurisdiction in major cities like Mumbai or Delhi.
Signatures: Space for witnesses and dates.

This ready-to-use template meets court and company requirements in India.

Who Should Use This Agreement Between Publisher and Author Format?

This format is ideal for freelance authors, self-publishers partnering with houses, literary agents, and small publishers in India. Common use cases include fiction/non-fiction books, academic texts, and e-books. Whether for civil publishing disputes or business collaborations, it's perfect for first-time authors negotiating with big publishers like Penguin Random House India or independent presses.

Download Your Customizable Agreement Between Publisher and Author Format Now

Get instant access to our free downloadable Agreement Between Publisher and Author Format in PDF/Word. Customize it easily with AI tools or legal experts for your specific needs. Ready to use and legally sound, it's designed for quick personalization.

Final Note

While this Agreement Between Publisher and Author Format provides a strong foundation, always consult a qualified Indian lawyer for tailored advice. Customize further for unique scenarios like multimedia rights. Explore related legal templates: Book Publishing Agreement India, Author Royalty Agreement Sample, Free Download Publisher Contract Template, and more customizable options for Indian authors and publishers.

AGREEMENT BETWEEN PUBLISHER AND AUTHOR

Non-Judicial

AGREEMENT BETWEEN PUBLISHER AND AUTHOR

This agreement made this......................... day of.......................... 19......................... between A. B. C. Limited......................... having its registered office at......................... (hereinafter referred to as ?publisher? which expression, unless expressly excluded to the context shall be deemed to include its successors and assigns) of the one part and Shri......................... Resident of......................... thereinafter referred to as the Author which expression, unless expressly excluded to the context shall be deemed to include his successors and assigns) of the other part:

Whereas the author has written a book entitled......................... and it is an original work of the author.

And whereas the publisher has agreed to exclusively publish the said work in the book form.

It is hereby agreed between the parties as under: ?

1. That the publisher shall publish the book entitled......................... in book form which is the original work of the author and the author who is owner of the copy-right thereof has not published the same so far.

2. That the author undertakes not to grant any right to other publisher for publishing the said work or any part thereof without prior written consent of the publisher.

3. That the publisher undertakes to publish the said work in book form at his own costs and risk.

4. That the Publisher undertakes to pay royalty to the author at the rate of ......................... per cent of the published price.

5. That the publisher shall not be liable to pay any royalty to the author on the copies distributed by the publisher for advertisement and/or lost/destroyed by the Act of God.

6. That the Publisher undertakes to furnish statement of account of yearly sale alongwith the amount of royalty payable to the author.

7. That the publication of new edition of the said work shall be decided by the publisher and the publisher shall give a notice in writing to the author who may revise the book. In case the author is unable to revise the book due to his inability on account of his death, the publisher shall be at liberty to get the same revised by any other author of its choice. However, the terms and conditions of reprint of the new addition shall remain the same as per the agreement.

8. That in case the author is desirous of selling the copyright of the said work to any other person then in that case the terms and conditions of the same shall be mutually decided upon by the publisher and the author.

In witness whereof both the parties have signed on this agreement on the day, month and year first above-written.

Witnesses:

1. ......................... First Party

2. ......................... Second Party

CASE LAW

Section 2(a)

AGREEMENT

Confirmation of order acknowledging receipt of the order registering it subject to terms and conditions over leaf containing clause making dispute subject to the jurisdiction of a particular court - clause held forms part of the contract.1

ESSENTIAL INGREDIENTS

The word ?offer? in the letter cannot be read as an offer to the world; it related to broker alone. Until further negotiations the letter as such must be held to remain uncertain and could not constitute any definite offer to the world at large to accept it. A broker has normally no authority to sell land even though he is instructed as to price at which vendor will sell. His function is to solicit offers and transmit them to the principle. Whether a concluded contract is arrived at or not is a question of fact and the parties and their lawyers could not make the same concluded if it was otherwise not so. What the parties understood at the time the said letter was written was to be gathered from the letter itself which is not vague in its language and not from statements which were made at a subsequent point of time.2

A tender is an offer and the tenderer has every right to revoke/withdraw his tender before its acceptance. Forfeiture of earnest money deposit on the ground of withdrawal of tender is illegal.3

Section 2(e)

PRINCIPLES GOVERNING A CONTRACT

A contract, unlike a tort is not unilateral. If there be no "meeting of mind" no contract may result. There should, therefore, be an offer by one party, express or implied and acceptance of that offer by the other in the sense in which it was made by the other. But an agreement does not result from a mere state of mind: intent to accept an offer or even a mental resolve to accept an offer does not give rise to a contract. There must be intent to accept and some external manifestation of that intent by speech, writing or other act, and acceptance must be communicated to the offered, unless he has waived such intention, or the course of negotiations implies an agreement to the contrary.4

Section 2(h)

Mere silence of defendant did not amount to acceptance of the terms and conditions. The joint letter was merely an agreement in principle to carry out the job on consortium basis and there was no concluded contract between the plaintiff and defendant.5

Where contract is effected in absence of one of the trustees by the remaining trustees in the absence of any stipulation to that effect in the trust deed and without obtaining express and specific authorisation from the absent trustee in contravention of Sections 47 and 48 of Trusts Act, 1882, there is no concluded contract and hence void.6

Where provisions of Sections 47 and 48 of the Trusts Act, 1882 are not only not complied with but violated, sale was not a concluded contract within Section 2(h) of the Contract Act so as to be enforceable against and binding on trustees or beneficiaries.7

Section 2(b) and (e)

CONDITIONAL OFFER

A conditional offer to pay a certain amount made by the management of an industry to the trade union lapses when the condition is not accepted. The question whether there was consideration for the promise made by the management arises only if the offer made had been accepted by the trade union so as to ripen into an agreement. And if there is no concluded agreement between the parties then the further question as to whether it was supported by consideration would not arise nor would there be any question of its becoming one of the terms of the service.8

Sections 2(b) and 12

ONE-SIDED OFFER WHICH IS NEVER ACCEPTED

A person cannot be bound by a one-sided offer which is never accepted particularly when the parties intended that the contract should be reduced in writing.

This is the whole point of insisting on a document. It excludes speculation as to what was and what was not agreed to however much the matter might have been raised by one of the parties during the stage of negotiation.9

NON-ACCEPTANCE OF MODIFICATION

The non-acceptance of modification did not amount to rejection of the original tender.10

Section 2(c)

Government agreed with contractor to supply material at fixed rate. The Government importing material and sending receipts to contractor at enhanced rate when earlier receipts of the same imported material were at fixed rates. It was held that there was no agreement that the contractor should pay at a higher rate for the material that was imported and supplied to him.11

No promise without consideration is enforceable in law.12

PROMISEE

The promisors who had fulfilled their promise in all respects excepting the execution of a formal sale deed were not entitled to raise a plea that B?s wife was not entitled to demand specific performance thereof on the ground that she was not a party to the contract. It was held that her suit was not barred by Section 66, Civil Procedure Code, since the mortgagees who purchased the property in their own name did so in order to fulfil their agreement with B?s wife, the plea of benami in such situation was unsustainable.

Her suit could not also be resisted on the ground of delay since she had been in possession all the time and had incurred considerable expenses.13

Section 2(d)

GIFT-LOVE AND AFFECTION DO NOT CONSTITUTE CONSIDERATION.

It is one of the essential requirements of a gift that it should be made by the donor without consideration. The word consideration has not been defined in the T. P. Act but it has been used in that Act in the same sense as in the Contract Act and excludes natural love and affection. Thus it is of the essence of a gift as defined in the T. P. Act that it should be without consideration of the nature defined in Section 2(d) of the Contract Act.14

PRIVITY OF CONTRACT

Where on the application of the tenant service connection for business lighting was given to the tenant in occupation then the electrical energy supplied and consumed by the tenants the owner of the building cannot be made liable as consumer there being no privity of contract between the owner of the building and the Electricity Board.15

Sections 10 and 23

AGREEMENT TO BE VALID MUST BE RESULT OF FREE CONSENT

An agreement to be valid shall be the result of free consent apart from other requirements while dealing with the question of duress/coercion and unequal bargaining power one is really concerned with the question of free will i. e. did the parties enter into the agreement with a free will.16

Sections 10 and 31

WHEN CONTRACT COMPLETE

The contract between the parties was not a contingent contract because the contract was complete when the plaintiff advanced money to the defendant for deposit as earnest money. Since no construction work was done the plaintiff was entitled to recover the money advanced by him to the defendant by suit.17

Sections 10 and 73

COMPROMISE A CONCLUDED AGREEMENT

When the title suit was compromised between the parties plaintiff agreed to first offer land to defendant in the event of sale. The compromise was a concluded agreement enforceable by law.18

1. A. I. R. 1989 S. C. 1239.

2. A. I. R. 1981 Cal. 37.

3. Krishnavani Constructions v. The Executive Engineer, 1996 (2) C. C. C. 237 (A. P. ).

4. A. I. R. 1966 S. C. 543: (1966) 1 S. C. A. 166: (1966) 1 S. C. W. R. 351: (1966) 1 S. C. R. 656.

5. A. I. R. 1986 Delhi 336.

6. (1979) 4 S. C. C. 602: (1892) L. J. Ch. 674: (1900) 2 Ch. 267: 1950 S. C. R. 30: A. I. R. 1950 S. C. 15: 1950 S. C. J. 153.

7. A. I. R. 1979 A. P. 229: A. I. R. 1973 Guj. 133: A. I. R. 1963 S. C. 309: A. I. R. 1945 S. C. 23.

8. A. I. R. 1957 S. C. 95: (1956) Lab. A. C. Reversed.

9. A. I. R. 1955 S. C. 468.

10. A. I. R. 1977 All. 494.

11. A. I. R. 1978 A. P. 281.

12. (1846) 153 E. R. 1014: A. I. R. 1981 S. C. 1274.

13. Gorakh Ram v. Laxmi, A. I. R. 1953 S. C. 443.

14. A. I. R. 1979 S. C. 843.

15. A. I. R. 1985 Bom. 71: A. I. R. 1938 Patna 15: A. I. R. 1967 S. C. 349: A. I. R. 1962 S. C. 29.

16. A. I. R. 1995 Delhi 25.

17. A. I. R. 1981 All. 184.

18. A. I. R. 1980 Cal. 258: A. I. R. 1955 Cal. 210: A. I. R. 1971 S. C. 1021.

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Important Guidelines

An "Agreement between Publisher and Author" is a legal document used in the publishing industry to formalize the relationship between an author and a publisher. It specifies the terms and conditions of the publishing arrangement. Here are guidelines for drafting such an agreement and

Common Mistakes to Avoid:

Usage:

Parties and Work Description: Clearly identify the author and the publisher, and describe the work to be published, including title, genre, and any specifications.

Rights and Responsibilities: Outline the respective rights and obligations of the author and publisher, including manuscript delivery, editing, marketing, and royalties.

Publication Schedule: Specify the timeline for manuscript submission, editing, production, and release.

Royalties and Payment Terms: Define the royalty structure and payment schedule, including advances, if applicable.

Copyright and Intellectual Property: Clarify the ownership and usage rights of the work, including any subsidiary rights.

Promotion and Marketing: Detail the publisher's marketing plan, responsibilities, and any author contributions.

Warranties and Indemnities: Address warranties about the work's originality and the author's responsibility for legal issues.

Termination and Rights Reversion: Explain the conditions for termination and the reversion of rights to the author.

Dispute Resolution: Include provisions for dispute resolution and choice of law.

Signatures: Ensure both parties sign the agreement.

Common Mistakes to Avoid:

Incomplete Information: Failing to provide comprehensive details about the work, royalties, and responsibilities. Unclear Language: Using ambiguous or confusing language that may lead to disputes. Inadequate Copyright Provisions: Not specifying the rights, including subsidiary rights, and usage rights clearly. Neglecting Legal Counsel: Not seeking legal advice when drafting or reviewing the agreement. Exclusivity Terms: Overly restrictive or vague terms regarding the author's future works. Improper Royalty Calculations: Failing to specify how royalties are calculated and paid. Missing Termination Clauses: Not defining conditions for contract termination or rights reversion. Omitting Marketing Responsibilities: Neglecting to specify marketing and promotional efforts. A well-drafted Agreement between Publisher and Author is essential for a successful and legally sound publishing relationship. It's advisable to consult legal experts with experience in publishing contracts to avoid common mistakes and ensure the agreement aligns with the interests of both parties.

Frequently asked questions

What is the purpose of the Agreement between Publisher and Author?→

This legal agreement in India defines the rights, royalties, publication terms, and responsibilities between a publisher and author for a book or manuscript.

Is this Publisher-Author Agreement legally valid in India?→

Yes, when properly executed on appropriate stamp paper and signed by both parties, it is enforceable under Indian Contract Act, 1872.

Does the Agreement between Publisher and Author require stamp duty in India?→

Yes, stamp duty is applicable based on the agreement value and state laws; pay the requisite duty before execution for legal validity.

In what format can I download the Publisher-Author Agreement?→

Download this customizable legal agreement in editable Word or PDF format for immediate use and printing.

Can I customize the Agreement between Publisher and Author?→

Yes, this template is fully editable; tailor it to your needs and consult an Indian lawyer to ensure compliance.

Who should use the Agreement between Publisher and Author in India?→

Publishers and authors entering publication deals in India should use this to protect rights, outline royalties, and set clear terms.