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Agreement Of Licence To Publish On Lump Sum Consideration - Legal Draft

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Category : Agreements Intellectual Property

AGREEMENT

is made at ___________this _____day of ___________between Mr._____________ r/o_______________

Here in after referred to as `the Author' of the FIRST PART and Mr. .........................r/o.......................Hereinafter

referred to as `the Publisher' of the OTHER PART.WHEREAS1. The Author has

written a book being a commentary on ___________ Act.2. The Publisher has

offered to publish the same on the following terms and conditions and which are

agreed to by the Author.NOW

IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:1. The Publisher agrees

to publish the said book entitled __________within a period of......months from

the delivery of the manuscript of the book by the Author to the Publisher. The

printing and publishing will be done by the Publisher at his own costs.2. The Author will

deliver the manuscript of the book, complete in all respects within two months

from the date hereof. The Author hereby grants license to the Publisher to

print and publish the said book subject to the terms and conditions herein

mentioned.3. The Publisher has

agreed to pay a lump sum of Rs __________as royalty to the Author out of which

a sum of Rs.__________ is paid on the execution of these presents as advance

and the balance will be paid within a week from the time the book is printed

and ready for publication. The Publisher will not be entitled to sell any copy

of the book unless the said amount is paid to the Author and until such payment

the said amount will remain a charge on the copies in the possession of the

Publisher or his Agents.4. Subject to the right

of publication hereby given to the Publisher the copyright in the book

including the right for further publication will remain with the Author.5. The Publisher shall

print only _________ copies of the book and no more and the price of the book

will not be more than Rs_______________ per copy.6. The Publisher shall

show the final proof of the print to the Author for his verification and the

Author will be entitled to make any formal changes therein and to correct

mistakes. The cover of the book will be got approved by the Author.7. The Publisher will be

entitled to advertise the book as best as he can but at his own costs.The book

as well as the advertisements will show the name of the Author prominently.8. The Publisher will

have no right to take out more copies than that is provided above and will not

take out any fresh print without the consent of the Author.9. If the Author

proposes to bring out a new edition of the book he will give the first option

to the Publisher on such terms as may be agreed upon In the event of any

disagreement as to such fresh terms, the Author will b entitled to publish a

new edition by himself or through any other publisher But in no event the book

will be reprinted or republished unless at least 90% of the copies of the book

to be published under this agreement are sold out.10. The Publisher will be

entitled to sell the copies of the first edition and to appropriate the sale

proceeds to him. The Author will not be entitled to ask for accounts of the

sale of the said Edition.11. The Publisher shall

supply __________ copies of the book to the Author free of cost.12. The Author warranties

that the said book is his original and does not infringe the copy right of any

person. The Author agrees to indemnify and keep indemnified the Publisher

against any claim made on account infringement of any copy right. The Author

also warrants that he has no given the right of publication to any other

person.13. The Publisher

undertakes to mention on the cover page or any other following page that the

copyright in the book belongs to the Author.14. This agreement is

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

other with the Publisher.IN

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

hereinabove written.Signed

and delivered byThe

within named Author Mr. ...................In

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

and delivered byThe

within named published Mr ....................In

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


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