Assignment of Copyright reserving Royalty
This instrument made this . . . . . . . . day of . . . . . . . . two thousand and . . . . . . . . between . . . . . . . . of the first part (hereinafter called ‘‘the Author’’): And Messrs . . . . . . . . carrying on the business of publishers principally at . . . . . . . . of the other part (hereinafter called ‘‘the Publishers’’):
Witnesses as follows:
1. That in consideration of and subject to the covenants of the Publishers hereinafter following, the Author does hereby convey to the Publishers by way of assignment all that copyright as defined in Section 14 of the Copyright Act, 1957, in the work entitled . . . . . . . . on the subject of . . . . . . . . to hold the same to the Publishers as absolute owners thereof for the full term of copyright prescribed by law:
Provided that the Publishers will print and publish the work as soon as practicable, and should the work remain out of print for a period of six months or more at any time within ten years from the date of this contract, the Author may, by a notice in writing, call upon the Publishers to print and publish the work within twelve months of the receipt of the said notice; and if the Publishers shall fail or neglect to print and publish the work within the twelve months’ period, save and except insofar as they are prevented from doing so by circumstances beyond their control, the Author shall be at liberty to rescind the contract as if on a failure of consideration, and on the giving of a notice of such rescission of the contract by the Author the copyright shall revert to the Author and all the rights of the Publishers under their control shall as from the date of such rescission absolutely cease and determine.
2. That the Publishers shall pay to the Author or his nominee or nominees a royalty of . . . . . . . . per cent on the nominal selling price of the copies of the work or adaptations or translations thereof that may be actually published and sold every year by the Publishers and as disclosed in the statement of account referred to in Clause 4 below. No royalty shall be payable on any copies of work that may be damaged or destroyed or disposed of otherwise than by sale.
3. That the Publishers shall pay to the Author half the net profits earned by them, if any, from any transfer or assignment of any of the rights comprising the copyright or from grant of any interest or licence therein: Provided that the Publishers shall not be entitled to and shall not do or cause anything to be done in derogation of the Author’s other rights, particularly the right to royalty, reserved by or under this instrument.
4. That so long as the said work or any adaptation or translation thereof is published and sold by the Publishers under this instrument, they will submit to the Author during the month of January, or latest by June, every year, a statement of account showing the number of copies printed, held in stock and sold, or disposed of otherwise than by sale or damaged or destroyed and of the profits, if any, earned by them under Clause 2 above, during the preceding year.
5. That the Author does hereby agree to revise the work and bring it up to date, or otherwise modify, alter, adapt or translate it or get it translated whenever required to do so by the Publishers: Provided that the Publishers will not normally require the Author to do so oftener than once in two years; and Provided further that in case the Author shall neglect, refuse or omit to revise, modify, alter or translate the work or get it translated when required by the Publishers, they shall be at liberty to get the same done by any person or persons of their choice and deduct the cost from the amounts that may be then due or may thereafter become due to the Author. However, in choosing a person to revise, modify, alter, adapt or translate the work and in fixing the remuneration to be paid therefor, the Author’s wishes, if any, shall so far as possible, be respected by the Publishers.
6. That the manuscript of the said work has been delivered to the Publishers/or/shall be delivered by the Author to the Publishers within a period of . . . . . . . . months from the date of this instrument.
7. That the Author does hereby declare and guarantee that the work in which the copyright is being assigned by this instrument is the original work of the Author and does not in any manner whatsoever violate or infringe any existing copyright or any other right of any other person; and that it does not contain anything which may be obscene, libellous, scandalous or defamatory and the Author hereby agrees to keep the Publishers indemnified and harmless against all demands, claims, suits and proceedings whatsoever, that may be made, instituted or taken and against all damages, expenses and costs which they may suffer, on account of the printing, publication or sale of the said work or any part thereof, by reason of such printing, publication and sale being an infringement of some other person’s copyright or other rights in the work or by reason of its containing anything which may be obscene, libellous, scandalous or defamatory.
8. That in case of dispute or difference arising between the parties touching the interpretation, breach of fulfilment of this instrument or any clause or condition thereof, the same shall be referred to the arbitration and award of two arbitrators, one to be nominated by each party; and in case of difference of opinion between the two arbitrators, to an umpire to be nominated by the arbitrators before entering upon the reference; and the award of such arbitrators or umpire, as the case may be, shall be final and binding between the parties: Provided always that anything done or to be done or omitted to be done under this instrument, shall be deemed to have been done or omitted at . . . . . . . . and the courts at . . . . . . . . only and no other courts shall have jurisdiction to adjudicate upon any dispute or action or proceeding arising from this instrument.
9. That the words ‘‘Author’’ and ‘‘Publishers’’, ‘‘party’’ or ‘‘parties’’ shall, unless there be something contrary in the context, include their respective, heirs, survivors, successors, representatives, executors, administrators and assigns.
In witness whereof the parties hereto have executed the instrument on the date first hereinbefore mentioned.
1. ?Author. . . . . . . . . . . . . . . .
2. ?Publishers. . . . . . . . . . . . .