Not much going on in hereof late, so here's something to turn your
collective minds to as we wait for the next Friday Victorian ghost story:
Chap in Canada I'm emailing with has asked my opinion of the following
contract, in connection with a non-fiction book he's written (sorry, no,
not supernatural).
I'm not really qualified to answer this but my instant reaction is,
Don't touch it with a ten foot pole!
I mean, they're asking the author to pay them money - my few
ventures into getting published resulted in a check arriving in the
mail, not the other way round!
I'd advise him to have an attorney look at it, but he's not exactly
rolling in money and you know what these legal eagles cost.
There are many in here who are more knowledgeable on such things, and I
hope they will confirm my opinion, or
otherwise.
Thanks,
====================================
Publishing Agreement:
You may print this from your computer using your browser's "print" function.
There
is also a PDF version of the page available to print from, and if you have
adobe
acrobat reader installed on your computer, you may
CLICK HERE
for the PDF version.
This Agreement is between Infinity Publishing (IP) and your name
__________________________
(author) for the work titled ___________________________________ Said
parties entered
into this Agreement on this date ________/________/________; whereas, the
author
wishes IP to publish the work and grants IP the nonexclusive right to edit,
format,
print, advertise, distribute and sell and ship the work in any way IP deems
appropriate,
and grants IP the right to distribute the work world wide, and collect all
monies
for books sold by IP; IP agrees to pay royalties on a monthly basis to the
author,
beginning with the last day of the first full month of publication.
Infinity Publishing (IP) will (upon receipt of a signed Agreement,
acceptable files,
and payment):
1) assign one of its ISBNs to the book and submit relevant information about
the
work to the "Books in Print" database.
2) create a barcode for the back cover (necessary for bookstore related
sales) and
enter the book into their digital book printing system so that the book may
be printed.
3) create Web pages for the work in order so that it may be sold on its
e-commerce
Web site,
www.buybooksontheweb.com
4) provide information about the work to third-party sellers to enable them
to sell
the work, but will not be responsible for the turnaround times, submission
policies,
listing policies, errors, or sales policies of any third party.
5) design a professional book cover for the work by laying out the spine,
front and
back cover text, and will use either royalty free artwork of its own
acquisition
or accept acceptable artwork from the author to create a book cover for the
work.
6) pay the author a royalty of 30% of IPís suggested list price on
full-price sales
of books sold by IP.
6a) pay the author a bonus royalty of 75% of the difference between IPís
suggested
list price and actual list price on full-price sales of books whose list
price is
set higher by the author than IPís minimum list price.
7) pay the author 15% royalty on sales of books whose list price is set at
IPís suggested
list price and are sold by IP at less than full price.
7a) pay the author a royalty percentage higher than 15% on sales of books
whose list
price is set higher than IPís suggested list price and are sold by IP at
less than
full price by creating a new wholesale royalty percentage that will include:
15%
of the average wholesale price based on 40% off IPís suggested price, plus
45% of
each dollar added to the suggested list price with the sum being divided by
the actual
list price resulting in the royalty percentage that will be applied to all
discounted
sales.
retain the right to establish the discounted price to all purchasers,
including,
but not limited to distributors, bookstores, schools, libraries and quantity
purchasers.
9) not be held responsible for errors in the book including, but not limited
to spelling
errors, grammar, punctuation, style of work, page numbering, corrupted
files, computer
formatting errors, missing fonts, and will issue a printed proof book to the
author
for review and to describe any problems that the author wishes IP to fix.
10) reserve the right to reject any work for any reason, at any time.
11) reserve the right to market the work, using methods it deems appropriate
and
have the right to market and distribute the book world wide.
12) mail royalty statements to the author in addition to monthly royalty
checks for
amounts due over US$20.
13) is not responsible for, but will endeavor to care for and return
submitted photos
and artwork; and will not return any submitted CD disks, floppy and zip
disks.
14) issue a Form-1099 as required by the Internal Revenue Service only for
royalties
exceeding US$600 in any year.
The Author:
1) will pay IP a one-time setup fee of US$499; and will also provide payment
for
any optional additional service chosen by the author, such as: one of IPís
marketing
packages that range from US$125 to US$470; copyediting at US$0.01 per word;
the scanning
of photos, graphics, or illustrations at US$7 per scan; or inclusion of the
work
in IPís extended distribution program at a cost of US$149 that utilizes the
third
party, Ingram/LSI.
2) is a resident of the US or Canada; and if in Canada, agrees to submit an
additional
$75 towards the base setup fee.
3) maintains that he or she is the sole author of work and owner of the
copyright
and all of the contents of the work and has full power to enter into this
Agreement;
that he or she has not engaged in plagiarism with respect to the work; and
that the
author, if submitting work that is to include any content that does not
originate
from the author or to which the author does not own the copyright to, has
obtained
the copyright ownerís written permission to use any such material and will
provide
IP with a copy of all written permissions for use at the time of submission
to IP,
and that all such uses will be so noted in the work; and will send a copy of
Copyright
Form to IP after the form has been stamped and returned to the author by the
Library
of Congress.
4) guarantees IP that the work is accurate, is not in violation of anyoneís
privacy,
is not injurious, obscene, libelous, slanderous, or otherwise a violation or
infringement
of any federal, state, or local law, statute, or code, and further agrees to
hold
IP, its employees, directors, shareholders, representatives, heirs and
assigns, harmless
for any damages resulting from any litigation resulting from publication of
the work.
5) further guarantees IP that the work, IF fiction, does not include the
name and/or
likeness of any actual person, living or dead; and that all characters in
the fictional
work who may have been derived from actual persons have altered names,
altered physical
attributes, and are placed in altered locations so as to negate any
similarity or
likeness between the actual person, location, or event, and the fictional
character,
location.
6) agrees that IP shall not in any way acquire ownership of the work and
that the
author is free to pursue any and all publishing ventures that do not involve
the
use of IPís logo, barcode, copyright page, or ISBN.
7) grants IP the right to provide services including but not limited to, the
worldwide
distribution of the book, advertising, sales, and printing of the work.
agrees that IP is not responsible for editing, misspelling, rewriting,
page-numbering,
indexing, reviewing, or any other errors in the work.
9) understands that IP will take the authorís digital book file and do its
best to
fix any obvious problems resulting from the file being transferred to IPís
computers
before sending the author a first proof book; and that any changes that are
made
to the book thereafter, regardless of their origin, will be made at the
authorís
request and expense at a rate of $50 per hour, excluding 30 free items
requested
by the author to be made by IP at no charge after the author has received
the first
proof book; and recognizes that correctable items can be the result of
errors by
the computer, by IP, or by the author, and recognizes that 30 free
corrections does
not apply to books submitted as hardcopy only or in PDF format.
10) reserves the right to discontinue the selling of the work by IP by
providing
written notice to IP, and acknowledges that IP is not responsible for copies
of the
work that have already been manufactured, sold, and/or distributed to the
market.
11) will provide a Social Security number as required by the Internal
Revenue Service,
so that IP could issue a Form-1099 if necessary.
12) understands that signature below ratifies all the terms and conditions
of this
Agreement.
General Provisions:
This Agreement shall be governed by the laws of the Commonwealth of
Pennsylvania,
USA. All monetary transactions will be in US dollars only. This written
Agreement
contains all and is the only Agreement, and supersedes any other agreement,
oral,
written, or otherwise construed as a prior agreement between the author and
IP. This
Agreement cannot be appended, changed, modified, word or words added or
deleted except
by the mutual written agreement of the author and IP; and further, is
binding upon
the heirs, executors, administrators, and assigns of the author and IP.
Title of Work:
__________________________________________________________________
(as it will appear on the book)
Author's Legal Name: ____________________________________________________
(as it will appear on royalty checks)
Author Name ___________________________________________________________
(as it will appear in the book. Legal and pen name do not have to be the
same)
Author's Address
____________________________________________________________________
(where we will mail royalty statements and checks)
Author's Street/legal Address
______________________________________________________________
(where we will ship book orders ... no P.O. boxes please)
Author's (daytime) Phone Number ________________________________
Author's (evening) Phone Number ________________________________
Fax Number ______________________________
E-mail Address _____________________________________________________________
(print clearly!)
Social Security number (required by Tax Code)
________________________________
Signature of Author and/or Author's
Agent______________________________________________
Payment Calculator
Fill in the appropriate items and add the lines to get total amount due for
setup:
(These are one-time fees)
Base set-up fee = $ 499.
Non US-continental authors add $75. = $ _______
I've got this many ______ photos/illustrations for Infinity to scan @ $7.00
each
= $ _______
I'd like the optional Marketing Package (circle one) 101 ($125), 201 ($195),
301
($275), 401 ($470) = $ _______
*I'd like to purchase the Extended Distribution package for this book
($149.00) =
$ _______
*(Minimum of 80 pages. 5.5"x8.5" and 8.5"x11" books only
for inclusion in the Extended Distribution package via Ingram/LSI)
I request the optional Copyediting Service; my book has _________ words @
$0.01 each
= $ _______
Sales tax (add 6%) for PA residents only = $ _______
Total amount due for submission =US$ _______
(Circle one) I am paying by: Check Money Order Credit Card
If paying by credit card circle the type of card:
(Circle one) MasterCard Visa Discover American Express
Clearly write the card number and its expiration date:
Credit card number:__________-____________-__________-__________
Exp. Date: _____/_____
The five-digit Zip Code of the billing address of this card is:
_______________
Signature of cardholder:__________________________________________
My book is setup to be printed this size (circle one): 5.5" x 8.5" 8.5" x
11" 8"
x 8"
My book contains ____ pages; therefore the suggested retail price of my book
should
be $_____ .95
(Refer to our book pricing guidelines in our book, Become a Published
Author, or
on our Web site at:
www.infinitypublishing.com/bookpricing.htm
I have decided to price my non-fiction book higher than the suggested retail
price:
Yes No
(You may increase the price of your book by a minimum of US$2.00)
If so, list the new retail price of your book: $ ______.95
I am submitting a properly prepared disk with this submission (circle one):
Yes No
My disk has one complete file containing my book (circle one): Yes No
My disk has files containing a 100 word book description and 100-word
author's bio
(circle one): Yes No
My disk has a file containing a 1,000-word excerpt from the book (circle
one): Yes
No
My disk has a file containing a 30-word or less description of my book: Yes
No
NOTE: failure to follow our guidelines, or submitting corrupted files,
incomplete
work, etc. will result in delays and/or extra charges.
Provide us with no more than three individual words that best categorize
your book:
(e.g. "Historical, Fiction, War" or "How-To, Computers, Technical" or
"Self-help,
Spiritual, Religious" etc.).
____________________________________________________________________________
_______
You will receive confirmation by mail that we have received your submission.
We recommend that you send your materials via a method that uses tracking or
delivery confirmation.
We will ship your first proof in approximately 6-8 weeks from when we
receive your properly prepared materials.
Turnaround times can vary -- so please be patient.
We will contact you during the coming weeks only if there is a problem or
question.
Proof books are sent to you via UPS 2-day service to your street address.
V 3.15 web
We Welcome You Into Our Family!
Book_Publishing
end quote-==========================
--
Ian
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