The Publication Agreement and Copyright License is essential for formalizing the relationship between content creators and publishers in Indonesia. This document is typically used when an author or content creator wishes to grant publishing rights to a publisher while establishing clear terms for copyright licensing. It must comply with Indonesian copyright law (Law No. 28 of 2014) and related regulations, addressing both traditional and digital publishing rights. The agreement covers crucial elements such as royalty arrangements, territorial rights, publication formats, and the protection of moral rights. It's particularly relevant in today's publishing landscape where content may be distributed across multiple platforms and territories, requiring careful consideration of both print and digital rights management.
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1. Parties: Identification of the Author/Copyright Owner and the Publisher, including complete legal names, addresses, and any relevant registration numbers
2. Background: Context of the agreement, brief description of the Work, and the parties' intentions regarding publication and licensing
3. Definitions: Definitions of key terms used throughout the agreement, including 'Work', 'Publication', 'Territory', 'Term', and 'Rights'
4. Grant of Rights: Specific rights granted to the Publisher, including publication, reproduction, distribution, and sublicensing rights
5. Scope of License: Details of the license terms, including territory, duration, exclusivity, and permitted formats
6. Author's Warranties and Representations: Author's guarantees regarding ownership, originality, and non-infringement of third-party rights
7. Publisher's Obligations: Publisher's commitments regarding publication quality, timeline, and marketing efforts
8. Royalties and Payment Terms: Detailed structure of royalty calculations, payment schedules, and reporting requirements
9. Moral Rights: Recognition and protection of the author's moral rights as required under Indonesian law
10. Term and Termination: Duration of the agreement and circumstances under which it may be terminated
11. Post-Termination Rights: Rights and obligations of both parties after agreement termination
12. Governing Law and Dispute Resolution: Specification of Indonesian law as governing law and dispute resolution mechanisms
1. Electronic and Digital Rights: Specific provisions for digital publication and distribution, used when electronic formats are part of the publication plan
2. Translation Rights: Terms for translation into other languages, included when international distribution is contemplated
3. Subsidiary Rights: Terms for adaptations, merchandising, or other derivative works, included for works with potential for adaptation
4. Author's Approval Rights: Specific provisions for author's involvement in publication decisions, used when author requires additional control
5. Marketing and Promotion: Detailed marketing commitments and author's participation in promotion, included for major publications
6. Competitive Works: Restrictions on author's publication of similar works, included when exclusivity is important
7. Force Majeure: Provisions for unforeseen circumstances affecting publication, included in longer-term agreements
1. Schedule A - The Work: Detailed description of the work, including title, format, length, and any special features
2. Schedule B - Royalty Rates: Detailed breakdown of royalty percentages for different formats and territories
3. Schedule C - Delivery Schedule: Timeline for manuscript delivery, revisions, and publication milestones
4. Schedule D - Territory and Language Rights: Specific territories and language rights covered by the agreement
5. Appendix 1 - Author's Materials: List of all materials to be provided by the author, including illustrations, photographs, or supplementary content
6. Appendix 2 - Publication Specifications: Technical specifications for the publication, including format, design, and quality requirements
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