THIS
DEED OF ASSIGNMENT is made at ________ this _________ day of __________ between
Mr. A residing at __________ hereinafter referred to as the Author of the One
Part and Mr. B carrying on business at ________ hereinafter referred to as the
Publisher of the Other Part.WHEREAS:1. The Author has
written a book entitled ___________ (hereinafter called "the said
book") and desires to publish the same.2. The author is the
absolute owner of the copyright in the book. The copyright is registered with
the Registrar of Copyrights in ____________.3. The publisher's
representative has scrutinized in detail and to his satisfaction the manuscript
of the book and has offered to purchase the copyright in the said book for the
purpose of publication.4. The Author has agreed
to do so in consideration of the Publisher paying him a sum of Rs_________ as
lump sum royalty and on the following terms and conditions agreed to between
the parties.NOW
THIS DEED WITHNESSETH that pursuant to the said agreement and in consideration
of the Publisher paying to the Author a sum of Rs_________ on the execution of
the Agreement (receipt whereof the author admits) he the Author hereby assigns
to the Publisher the Copyright in the said book TO HOLD the same unto the Publisher
absolutely throughout India and subject to reservations hereinafter contained:1. And the Publisher
agrees and undertakes that the said assignment is restricted to publish the
said book in India only and the Publisher shall not without the prior consent
in writing of the author, publish any translation thereof in any other language
and shall not allow it to be exploited for converting into a play or any
cinematographic film or any Television serial.2. The Publisher
undertakes to mention in the first edition, all reprints and subsequent
editions the name of the author as author of the book.3. The Author hereby
warrants to the Publisher that:a. The Author is the
exclusive owner of the copy right in the said book and he has not assigned the
Copyright in or given license to use the copy right to anybody else or
encumbered the same or done anything so as to prevent him from assigning the
said right.b. That the said book
does not contain any defamatory obscene or otherwise objectionable matter; andc. That the contents of
the current edition of the said book are the original work of the author and do
not constitute breach of copyright vesting in any other person/s. Where limited
extracts have been taken from other published or unpublished works in which
copyright vests in other person/s proper acknowledgement has been made in the
book.d. That if the publisher
requires any other person/s to assist the author in preparing subsequent
editions of the book the names of those persons will also be mentioned as joint
author/s of the book. And the author will do and execute such other acts or
deeds, if required, to confer entire copyright in the said book and as hereby
assigned as may be necessary.e. That he will not
publish either himself or through any other publisher an abridgment of the said
book or any other book on the same subject and which would be competing with
the book or get it published by any other person so long as the said book which
is the subject matter of the present is being published by the Publisher and
sold in the market.f. That the publisher
shall have the right to get the second and subsequent editions of the book
prepared by either the author or any other person of the publisher's choice. If
the publisher requires the author to prepare the second or any subsequent
edition, the author undertakes that he will re-edit the said book at the time
of publishing second edition thereof and to make it up to date when required by
the Publisher. In case of authors failure to do so, the Publisher will be
entitled to get the book re-edited, enlarged or abridged through some other
author of the publisher's choice. For the said re-editing, the publisher will
pay to the author the sum of Rs. __________/-. the author shall complete the
re-editing within _________ months of being asked to do so by the publisher.4. And the Author hereby
agrees to:a. Indemnify and keep
indemnified the Publisher against all claims, proceedings, costs and damages
incurred or suffered or awarded or paid in respect of or arising out of any
breach or non performance of any of the warranties on the part of the Author
hereinbefore given or out of any claim by a third party based on facts, which
if substantiated would constitute a breach or non-performance of such
warranties.b. The publisher shall
have full right to assign the said copyright to publish the book in any part of
India, to any person.5. Permit the Author to
take ___________ copies of the book on publication free of cost.6. In the event of any
dispute or difference between the parties hereto arising out of or in
connection with this deed 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 Arbitration. The said
Arbitrators shall appoint a presiding Arbitrator and the Arbitration shall be
governed by the Arbitration Act and Conciliation Act, 1996, or any statutory
modification thereof.IN
WITNESS WHEREOF the Assignor has put his hand the day and year hereinabove
written.Signed
and delivered by the)Within
named Assignor Mr. A)In
the presence of........)