Author Contract For _Elysian Fiction_.
This contract is made between James Bailey whose address is
[PUBLISHER'S ADDRESS], hereinafter referred to as the
PUBLISHER, and ____________ [AUTHOR'S NAME], whose address
is ___________ ___________________________________[AUTHOR'S
ADDRESS], hereinafter referred to as the AUTHOR.
The parties agree as follows:
Author's Grant.
1. The Author grants permission to include his/her story
entitled "_____________________ ______________________," a
work of approximately _________words, hereinafter referred
to as the Work, on the Elysian Fiction web site found at
www.elysianfiction.com and at www.sfroundup.com/elysian/
Rights Purchased.
1(a). This use of the Work by the Publisher entails the
assignment of First World Wide Web Rights, for publication
in the English language, for a period limited to one year
from first publication. For the first three months of this
period, the publication of the Work shall be exclusive to
the Publisher. It is also understood and agreed that the
Publisher may use this Work only within the above-mentioned
sites and that all rights not expressly granted herewithin
reside exclusively with the Author.
Options on Further Rights
2. If the Publisher desires to exercise any further
rights, separate agreements must be entered to and signed
for each use of further rights.
2(a). The Author grants to the Publisher the right of first
offer on world anthology rights. The Author also grants to
the Publisher the right to make an offer on non-exclusive
reprint rights.
2(b). If the Publisher desires to exercise any of these
offers, separate agreements must be entered to and signed
for each use of further rights.
Payments and Royalties.
3. For the rights granted to the Publisher above in 1(a)
the Author will receive a payment in the sum of $_______,
which will be paid within thirty (30) days of signing this
agreement.
Access to Records.
4. In the event of Publisher's failure to make timely
payment, the Author may have access in person or the
Author's agents or by power of attorney to all financial
records of the Publisher upon presentation of a copy of this
agreement to the appropriate location of said records.
Authors' Warranties and Indemnities.
5. The Author represents and warrants that he/she is the
sole author of the Work, that the Work is original, and that
no one has reserved the rights granted in this agreement.
The Author also represents, to the best of his/her
knowledge, that the Work does not contain any libelous
material.
No competing Publication
6. The Author agrees not to publish or permit others to
publish this Work in any form prior to its publication and
appearance on the above-named web sites.
Changes in Text or Title.
7. The Publisher will make no major alterations to the
Work's text or title without the Author's written approval
in e-mail or hardcopy. The Publisher reserves the right to
make minor copy-editing changes to conform the style of the
text to its customary form and usage. To ensure that no
such changes are made without the Author's approval, the
Publisher will furnish the Author with electronic text
proofs or page proofs of the Work in advance of publication.
Author agrees to return such proofs with corrections in not
more than thirty (30) days from receipt thereof.
Reversion of Rights and Withdrawal of Offer to Publish.
8(a). In the event that the Work is not published within 18
months of signing of this agreement, all rights revert to
the Author, and the Author has the right to sell or arrange
for publication of the above-named Work in any manner. The
Author shall keep any payments made by the Publisher to
him/her.
8(b). In the event that a copy of the counter-signed
agreement is not returned to the Author within thirty (30)
days of signing by the Author, or that payment in 3(a) is
not made as specified, the Publisher's offer to purchase the
Work shall be considered withdrawn.
Copyright.
9. The Publisher agrees to list a proper copyright notice
for the Work in the name of the Author on the first page of
the web-published story, and to take all necessary steps to
protect the Author's copyright in the United States, and in
the International Copyright Union.
Author's Credit.
10. The Author will be credited on the table of contents
page and at the beginning of the story as ________________
[AUTHOR'S BY-LINE].
Venue.
11. This agreement shall be deemed executed under the laws
of the state of California. California state law shall be the
applicable law of this agreement.
The parties acknowledge that each party has read and
understood this contract before execution.
In witness whereof the parties have executed this contract
in duplication originals on this _____day of ______, 20__.
_____________________________________ __________
Author or Author's agent Date
If signed by Agent, give Agent's address where payment
should be sent.
___________________________
___________________________
Author/Agent Social Security or Tax ID Number
_____________________________________ ___________
James Bailey, Publisher Date
Please sign and return all copies. One copy signed by all
parties will be returned for your files.
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