Agreement between Publisher and Author
Memorandum of agreement made this 15th day of July 2000 between Eastern Law House Private Ltd, a Company with limited liability, incorporated under the Indian Companies Act and having its registered office at No. 54 Ganesh Chunder Avenue, Calcutta 700 013 (hereinafter called the publishers) which expression shall, unless excluded by or repugnant to the context, include the said Eastern Law House Private Ltd., its successors in the business (as the case may be) of the One Part and Mr. P. Gupta of No. .5 C.R. Avenue, Calcutta 700 071 (hereinafter called the author which expression shall, unless excluded by or repugnant to the context, include the said Mr. P. Gupta and his heirs, executors, administrators and assigns) of the Other Part.
Whereas the author has written an original work entitled Publishers’ Companion and is the owner of the copyright therein.
Now it is hereby agreed by and between the parties hereto as follows:
1. The author grants to the publishers the sole and exclusive right to print and publish the said work in book form in the territories of the world for all the editions and reprinted editions.
2. The author warrants that the said work is an original work and that the author is the owner of the copyright therein and that he has not made any assignment of or granted any licence in respect of any of the rights relating to the subject-matter of this agreement and that the said work has not been published.
3. The author shall not make any assignments of the rights to print and publish the said work in the territories of the world or grant any licence to print and publish the said work or any part thereof in the territories of the world without the consent in writing of the publishers.
4. The time when a new edition or reprinted edition will be published is to be decided by the publishers. The terms and conditions for such new edition or reprinted edition will be the same as those of this agreement. In such events, however, the author shall have the option of editing and preparing the same for the press.
Provided always that in case of the author’s inability or death, the publishers shall be at liberty to have it revised by any other person of the publisher’s choice and will have the right to use the name of the author in that and all subsequent editions as previously used in the first edition. The revision charges and editing charges will, however, be debited to the author.
5. The author undertakes to deliver the complete typescript in duplicate of the said work to the publishers ready for the printers.
6. The publishers agree to print and publish the said work at their own cost, subject however to the approval of the typescript.
7. The number of copies of the said work to be printed, distributed and/or presented in each edition will be decided by the publishers.
8. That prior intimation of, at least one year, should be given by the author to the publishers in writing in the event the author decides to sell or present the copyright of the said work to anyone and in such case such transfer shall be subject to the terms and conditions as to the publication of future editions and reprinted editions contained herein.
9. The author will neither write nor revise any other rival book against the said work for any other publishers or publish any rival book against the said work either by himself or otherwise.
10. The publishers shall pay to the author during the legal period of his copyright the following royalties and fees:
(a) On each edition published in the territories of the world, except as otherwise provided in this agreement, a royalty at the rate of 10% (ten per cent) of the published price for the first seven hundred copies sold in India;
121/2% (twelve and one half per cent) of the published price for the next seven hundred copies sold in India; and
15% (fifteen per cent) for all copies sold in India thereafter.
(b) On each copy sold outside India 10% (ten per cent) of the actual amount received from sale.
Provided always that royalties and fees shall only be payable upon amounts actually received by the publishers and no royalties and fees shall be payable in respect of any copies given away for review or other purposes, destroyed by fire, water, enemy action, in transit or accident.
11. The publishers will prepare every year a statement of accounts showing the sales of the said work and will make payment to the author, or his legal representatives.
12. That the author warrants that the said work:
(a) contains nothing of a defamatory, libellous or obscene character or of an otherwise actionable nature; and
(b) is in no way whatever a violation or infringement of any existing copyright or of any proprietary or other actionable rights of others and that the author and the author’s legal representatives shall and will indemnify the publishers against all loss and damage whatsoever to be incurred or sustained including any legal costs or expenses incurred by the publishers by reason of any breach of this warranty.
Provided always that the publishers shall have the right without prejudice to their other rights under this clause to alter the text of the said work as may appear to them appropriate for the purpose of removing any passage which in their absolute discretion or on the advice of their legal advisers may be considered actionable at law.
13. The copyright in the said work will remain the property of the author.
14. The proof sheets of the said work shall be corrected by the author.
15. The publishers shall present the author 20 (twenty) copies of the said work in each edition free of cost.
16. The author shall prepare the contents, the table of cases, the table of statutes and the subject index, etc., ready for the printers and will deliver the same to the publishers within two weeks from the date of receiving the printed pages of the text of the said work.
Provided always that in the case of the author’s inability or failure to do the same, the publishers shall be at liberty to appoint any other person of their choice to do the same and to fix his remuneration and such charges shall, however, be debited to the author.
17. If the publishers shall consider that the copyright in the said work has been infringed, the publishers shall be at liberty to take such steps as they may consider necessary for dealing with the matter, and if they desire to take proceedings they shall on giving the author an understanding to pay all costs and expenses and to indemnify the author against all liabilities for costs, be entitled to use the author’s name as a party to such proceedings, but at the same time to control, settle or compromise as they think fit. Any profits or damages which may be recovered in respect of any such infringement of the copyright shall, after deduction of all costs and expenses, be divided equally between the author and the publishers.
18. If at any time any dispute or question shall arise touching the construction or effect of this Agreement or any clause or thing therein contained or respecting the rights or liabilities of the parties hereunder, the same shall be referred to the arbitration in accordance with provisions of the Arbitration and Conciliation Act 1996.
In witness whereof the parties hereto have executed these presents on the day, month and year first above-written.
Signed, sealed and delivered by
Director Mr. ………… pursuant to Board resolution of Eastern Law House Private Ltd., dated ………… in the presence of:
Signed, sealed and delivered by Mr. P. Gupta the author in presence of: