Kali For Women
Standard Contract
MEMORANDUM OF AGREEMENT
made the __ day of __ 2001 between
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(hereinafter termed the AUTHOR) of the one
part and Kali For Women, K-92 Hauz Khas Enclave, (ff), New Delhi
110 016 (hereinafter termed the PUBLISHERS) of the other part
WHEREBY it is mutually agreed between the
parties hereto for themselves and their respective executors, administrators,
assignees or successors, as follows:
1. The PUBLISHERS shall, produce and publish
at their own risk and expense, within a reasonable time after delivery
by the AUTHOR of the complete manuscript acceptable to the PUBLISHERS
and ready for the printer the WORK entitled
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(hereinafter termed the WORK) which has been
written by the AUTHOR
2. The AUTHOR shall, on request, read and
correct the proofs of the WORK and shall return them to the PUBLISHERS
within a
reasonable time of their receipt.
3. The AUTHOR hereby warrants to the PUBLISHERS
that the work shall in no way whatever be a violation of any existing
copyright and that it shall contain nothing obscene, objectionable,
indecent, or of a libellous or scandalous character, and that the
AUTHOR will indemnify the PUBLISHERS against loss, injury or damage
including any legal cost or expenses properly incurred occasioned
to the Publishers in consequence of any breach by the AUTHOR (unknown
to the PUBLISHERS) of this warranty.
4. The PUBLISHERS shall, during the legal
term of copyright, have the exclusive right to produce and publish
the WORK in book form throughout the world.
5. The AUTHOR shall not arrange for the publication,
except by the PUBLISHERS or with their permission in writing, of
any abridgement or expansion of any substantial part of the WORK
or any other work of a nature likely to compete with the WORK which
is the subject of this Agreement.
6. The AUTHOR hereby grants to the PUBLISHERS
during the continuance of this Agreement exclusive licenses of the
subsidiary rights listed below and the PUBLISHERS undertake to pay
the AUTHOR the following percentage of the net sums received by
the PUBLISHERS in respect of such rights
a) Dramatisation, Stage Production, Broadcasting,
Television50%
b) Anthology and Quotation50%
c) Digest and Condensation50%
d) Serial rights before publication in book
form
1. where sold before signature of this Agreement100%
2. where sold after signature of this Agreement50%
e) Serial rights subsequent to publication
in book form50%
f) One shot periodical or newspaper rights50%
g) Reprint rights licensed to another publisher50%
7. The PUBLISHERS shall have the exclusive
right to publish, if they so desire, on the terms of this Memorandum
of Agreement, translations or adaptions of the original text of
the WORK in any general or regional language throughout the world
charging the fees and/or royalties payable to the Translators or
adaptors against the royalties payable to the AUTHOR on the sales
of the said translation or adaptations. Should the PUBLISHERS signify
in writing their refusal to publish a translation or adaptation
of the WORK in any language or dialect the AUTHOR shall then, subject
to agreement with the PUBLISHERS as to terms, be at liberty to arrange
elsewhere for a translation or adaptation in that particular language
or dialect. Where the PUBLISHERS license the translation rights
to another publisher, whether in or
outside India, the PUBLISHERS undertake to pay the AUTHOR 50% (fifty
percent) of the net sums received by the PUBLISHERS from the sale
of such rights.
8. The disposal of any rights not specified
in Clauses 4,5,6 and 7 hereof shall be a matter of mutual agreement
between the AUTHOR and the PUBLISHERS.
9. The copyright of the WORK shall remain
the property of the AUTHOR who hereby empowers the PUBLISHERS to
take in the
AUTHOR'S name but at the PUBLISHER'S expense, any action, legal
or otherwise, that the PUBLISHERS may consider necessary to protect
their rights under this Agreement.
10. The PUBLISHERS shall have the entire
control of the format of the WORK and of its jacket and shall be
at liberty to make any corrections or alterations in the original
text as may seem to them advisable in the interest of the WORK but
agree that no substantial revision will be undertaken without the
AUTHOR's consent. All decisions as to the production, publication,
advertising, price and terms of sale of the WORK and of the distribution
of free copies shall be made by the PUBLISHERS at their sole discretion.
11. If, in the opinion of the PUBLISHERS
and AUTHOR, illustrations are desirable, the AUTHOR shall, unless
otherwise mutually agreed, supply to the PUBLISHERS, or obtain for
the PUBLISHERS' use, with the written permission of the copyright
owner, free of charge and copyright fee, suitable photographs, pictures,
diagrams, drawings, maps and other material for illustrating the
WORK. Such material supplied by the AUTHOR shall remain the property
of the AUTHOR or copyright owner, if so required but the PUBLISHERS
shall not be liable for accidental damage thereto or for loss thereof
in the absence of negligence on their part or on the part of their
own employees.
12. The AUTHOR agrees to supply the PUBLISHERS
with an index, or bear the cost of making one, if in the opinion
of the
PUBLISHERS an index is desirable, and to edit and revise, if necessary,
every subsequent edition of the WORK, but in the event of the AUTHOR
neglecting or being unable to do so by reason of death or otherwise,
the expense of revising and preparing each such future edition for
press shall be borne by the AUTHOR.
13. The PUBLISHERS shall deduct all cost
of AUTHOR'S correction and alterations in proof sheets exceeding
----- of the cost of composition of the WORK from any sums due to
the AUTHOR under the terms of this Agreement.
14. During the legal term of copyright the
PUBLISHERS shall pay to the AUTHOR collectively on all copies of
the WORK sold, the royalties set out below. Except where otherwise
stated all royalties shall be calculated on the advertised current
Indian retail price of the WORK.
(a) on all hard cover copies sold, except
those specified in clause 14 (c) a royalty of
% of the published price within India
and % of the net receipts on all copies sold outside India.
(b) on all paperback copies sold, except
those specified in clause 14 (c) a royalty of
% of the published price within India
and __% of the net receipt outside India.
(c) on all copies for which rights to the
complete WORK have been sold, and where a royalty inclusive arrangement
has been entered into by the PUBLISHERS and the BUYER, __--__ of
the net amount (cash received) by the PUBLISHERS.
15. In the event of any copies of the WORK
being sold off as remainders at more than cost the PUBLISHERS shall
pay to the AUTHOR 10% (ten percent) of the net receipts from such
sales. If copies are sold off as remainders at cost or less than
cost no payment shall be made to the AUTHOR. The AUTHOR shall be
entitled to purchase copies for her personal use at the remainder
price. No royalties shall be paid on copies presented to the AUTHOR,
given away for review in the interest of the said WORK, destroyed
by fire, water, enemy action, in transit, or otherwise, or sold
at or below cost of production. Any sums which may be received in
respect of single specimen copies distributed to individual teachers
for the purpose of publicity shall be regarded as a contribution
to the expenses of such publicity and shall not be accounted for
as sales. The Publishers shall not destroy any stock, or sell it
off as pulp, without first informing the AUTHOR of their intention
and offering the AUTHOR a few copies for personal use free of charge.
16. Accounts shall be made up annually to
December 31st delivered during the following June and settled by
cheque or its equivalent with the account. The PUBLISHERS reserve
the right not to pay royalties until payment for the sale of copies
is received by the PUBLISHERS.
17. The AUTHOR shall receive on publication
six presentation copies of the WORK and shall be entitled to purchase
further copies for personal use, but not for resale, at the normal
trade price.
18. If the PUBLISHERS fail to fulfil or comply
with any of the provisions of this Agreement within one month after
written notification from the AUTHOR of such failure; or if an order
is made or an effective resolution passed for the liquidation of
the PUBLISHERS other than a voluntary liquidation for the purpose
of reconstruction only, or if after the WORK is out of print they
have not within six months of a written request from the AUTHOR
issued a new edition or impression of at least five hundred copies
then and in any of these events this Agreement shall automatically
terminate without prejudice to any claim which the AUTHOR may have
either for monies due and/or damage and/or
otherwise.
19. The AUTHOR undertakes to deliver the manuscript of the WORK
ready for the printer by ________________________.
20. The AUTHOR agrees that any fees paid
by the PUBLISHERS for the use of copyright material in the WORK
shall be charged against and deducted from any sums herein due to
the AUTHOR.
The AUTHOR hereby undertakes that any contract
for an edition of the WORK to be published after the publication
of the PUBLISHERS' edition, with the authority of the AUTHOR, in
territories not exclusive to the PUBLISHERS shall provide for the
said edition to contain the aforesaid copyright notice in the identical
form in which it shall appear in the PUBLISHERS edition.
21. The construction, validity and performance
of this Agreement shall be governed in all respect by Indian law
and any dispute or arbitration arising out of it shall be settled
in law courts within the Union Territory of Delhi.
IN WITNESS WHEREOF, the parties hereto have
set their hands the day and year above written.
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SIGNED (PUBLISHER)
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SIGNED (AUTHOR)
IN THE PRESENCE OF
Signature and Address of Witness Signature
and Address of Witness
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