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Agreement Between Author And New Publisher - Legal Draft

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Category : Agreements Intellectual Property

AGREEMENT

is made at _________ this day of___________ between ________________R/o

______________Hereinafter referred to as the `Author' of the First Part &......................carrying

on business at _____________ Hereinafter referred to as `the New Publisher of

the Other Part.WHEREAS1. The Author, by a Deed

of Assignment dated ______________between the Author and_________________

(hereinafter referred as the Old Publisher) in consideration therein mentioned,

assigned to the said. Old Publisher all his copy right in the book titled

_______________written by him subject to certain reservations particularly

regarding subsequent edition of the book and the first edition has been

published by the said old Publisher in the year_______________2. The said Old

Publisher has in his turn assigned the said copyright in the said book to the

New Publisher by a Deed of Assignment dated........ 200-3. The Old Publisher had

brought out, and sold one edition of the said book and the book is due for

republication, being in demand.4. The New Publisher has

approached the Author with a request to re-edit the said Book by making

necessary, additions omissions or alterations so as to bring it up-to-date and

which the Author has agreed to do on the following terms and conditions.NOW

IT IS AGREED BY THE PARTIES HERETO AS FOLLOWS:1. The Author, at the

request of the New Publisher agrees to re-edit the said book entitled

______________by making necessary additions, omissions, alterations or

corrections as may be necessary to make it up-to-date. The Author agrees to

complete the said work within __________months from the date hereof and to hand

over to the New Publisher the re-edited manuscript copy of the said book.2. The Author grants

license to the New Publisher to publish such a revised edition to be prepared

by the Author.3. The Author covenants

that he will not give any license to any other person for republishing the said

book revised or unrevised.4. The New Publisher

agrees to pay to the Author by way of royalty for the revised edition a sum

equal to ________per cent of the price of each copy of the book sold less the

proportionate costs of printing and the amount will be paid at the end of every

________months from the publication of the revised edition for all copies

during the said period.5. The New Publisher

shall send to the Author every _______months a statement of account in respect

of the royalty payable to the Author and the Author will have the right to

inspect the books of account, vouchers and papers of the New Publisher to

verify the correctness of the account submitted by the New Publisher.6. The Author shall have

a lien on the unsold copies for the amount of royalty due and payable to him

and he will be entitled to enforce the said lien through Court.7. The Author warrants

that the said book or its revised edition does not infringe the copyright of

anybody else and does not and will not contain any defamatory material.8. The New Publisher

will supply ___________copies of the said book free of costs to the Author.9. This License is

limited to the publication of the said revised edition of the book and if after

the new edition is published and sold out, and the New Publisher does not agree

to reprint or bring out a new edition of the said revised edition of the Book,

on the terms of this agreement or otherwise the Author will be entitled to get

a new edition printed and published through some other publisher and the

License hereby granted by the Author shall be deemed to have lapsed.10. The Deed of

Assignment of copyright between the Author and the Old Publisher shall be

deemed to be modified by this Agreement and subject to such modification it

will continue to remain in force.11. If any dispute or

difference shall arise between the parties hereto in connection with or arising

out of this agreement of whatsoever nature, the same shall be referred to

arbitration of a common Arbitrator if agreed upon failing which to two

Arbitrators, one to be appointed by each party to the dispute and the

Arbitration will be governed by the Arbitration Act.12. This Agreement is

executed in duplicate and one copy will remain with the Author and the other

with the New Publisher.IN

WITNESS WHEREOF the parties have put their hands the day and year first

hereinabove written.Signed

and delivered by.......................The

within named AuthorIn

the presence of.................................)Signed

and delivered by.......................The

within named PublisherIn

the presence of.................................)


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