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Editor Agreements

Online Catalogue |  Editor Agreements

Book Editor Agreement (assignment, fee)

Book Editor Agreement (assignment, fee)


Price: �65.00 (Including VAT at 20%)

This template book editor agreement is designed to be used to create contracts between publishers and book editors. The template provides for an assignment of the editor's copyright to the publishers, and for the payment of a fee (rather than a royalty). It includes optional provisions relating to revisions to the work and new editions. This document is not suitable for creating agreements between a publisher and a series editor or journal editor. This editor agreement precedent is 16 pages long (including the cover page) and is supplied in Word (.doc) format.

Contents

The template editor agreement includes the following provisions:

> Definitions and interpretation
> Assignment of rights
> Responsibilities
> Delivery and acceptance
> Third Party Materials
> Proof corrections
> Publication
> Complimentary copies
> Revisions
> New editions
> Editor's undertakings, warranties and indemnity
> Fee
> Taxation
> Moral rights
> Term and termination
> Effects of termination
> Notices
> Waivers and remedies
> Severance
> Variation
> Assignment and sub-contracting
> Force majeure
> Further assurance
> Third party rights
> Entire agreement
> Governing law and jurisdiction
> Schedule 1 (specification)

Extracts

The extracts from the editor agreement set out below should give you a good idea of both the content of the template and the editing work that will be required to produce a finished document.

...

2. Assignment of rights

2.1 The Editor hereby assigns to the Publishers [with full title guarantee] all the [existing and future] copyright and other Intellectual Property Rights rights in the Editor's Contributions.

2.2 The rights assigned to the Publishers under Clause 2.1:

(a) are assigned for the whole term of such rights together with all reversions, revivals, extensions and renewals; and

(b) include the right to bring proceedings in respect of, and recover any damages or benefit from any other remedies in respect of, any infringement of the rights pre-dating this Agreement.

3. Responsibilities

3.1 The Editor will be responsible for:

[(a) designing and developing the Work in consultation with the Publishers;]

[(b) commissioning the Author to write the Work or a part of the Work (providing that the Publishers may reject any Author selected by the Editor, and the Editor must commission the Work from an Author selected by the Publishers when directed to do so by the Publishers);]

[(c) briefing the Author on the [requirements for the Work / contribution of the Author to the Work];]

[(d) ensuring that the content of the Work meets the designated requirements of the Publishers;]

[(e) obtaining or having prepared the Third Party Materials specified in Schedule 1;]

[(f) taking delivery of the Work;]

[(g) ensuring that the Author delivers the Work to the Editor in the requisite format and in sufficient time to enable the Editor to deliver the Work to the Publishers in accordance with the terms of this Agreement;]

[(h) checking and editing of the Work to ensure that the Work is of an acceptable standard;]

[(i) arranging for reviews of the Work by suitably qualified external advisers;]

[(j) writing an [introduction / preface / foreword / afterword / acknowledgement / title page] to the Work;]

[(k) generally, acting as a point of co-ordination and communication between the Publishers and the Author; and]

[(l) [anything else?].]

2.2 Save where the contrary is provided in this Agreement, the Publishers will have sole discretion for the publication, distribution, sale and marketing of the Work.

2.3 The Publishers will be responsible [for arranging and entering into an agreement with the Author to cover the assignment or licensing of copyright in the Work to the Publishers, and] [for payment of the Author].

...

7. Publication

Subject to the Editor fulfilling his or her obligations under this Agreement, the Publishers will at their own expense publish the Work [to a professional standard] [under any imprint of the Publishers (to be determined by the Publishers in their sole discretion)] within <Actinic:Variable Name = 'number'/> [weeks / months] of the acceptance of the Work by the Publishers under Clause 4.

...

11. Editor’s undertakings, warranties and indemnity

[11.1 The Editor undertakes to the Publishers that he or she will not without the written permission of the Publishers edit, prepare or become involved in the editing or preparation of any work which [will / is reasonably considered by the Publishers to be likely to]: (i) compete with the Work, (ii) reduce the sales of the Work, or (iii) prejudicially affect the Publishers’ exploitation of the Work.]

11.2 The Editor warrants, represents and undertakes to the Publishers [(and their Associated Companies, licensees, printers and distributors)] that [to the best of the Editor's knowledge]:

[(a) he or she is entitled to enter into this Agreement;

(b) neither the terms of this Agreement nor their fulfilment will contravene any legal restriction (including any contractual restriction) upon the Editor;

(c) the Editor's Contributions are the original work of the Editor [and the Editor is the sole author of the Editor's Contributions];

(d) the Editor's Contributions have not[, and no substantial part of the Editor's Contributions have,] been previously published or distributed anywhere in the world;

...

12. Fee

[Subject to the Editor’s compliance with the terms of this Agreement, and]in lieu of any royalty, the Publishers will pay to the Editor the Fee in the instalments, and on the dates, set out in Schedule 1.

...

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