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Agreement Between Author And Publisher

Agreement Between Author And Publisher Template for Malaysia

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Key Requirements PROMPT example:

Agreement Between Author And Publisher

"I need an Agreement Between Author And Publisher for my upcoming fantasy novel series, with special focus on international distribution rights and e-book publishing, to be launched in Malaysia by March 2025."

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Document background
The Agreement Between Author And Publisher is essential for formalizing publishing arrangements in Malaysia's growing literary and publishing sector. This document is used when an author wishes to grant publishing rights to a publisher for their creative or academic work. It operates within the framework of Malaysian law, particularly the Copyright Act 1987 and related publishing regulations. The agreement typically includes comprehensive provisions for rights transfer, royalty structures, publication timelines, and quality standards. It's particularly important in protecting both parties' interests while ensuring clear communication of expectations and obligations. The document has become increasingly sophisticated to address modern publishing concerns, including digital rights and international distribution considerations.
Suggested Sections

1. Parties: Identification of the Author and Publisher with full legal names and addresses

2. Background: Context of the agreement, brief description of the work, and the parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement including 'Work', 'Publication', 'Territory', 'Rights', etc.

4. Grant of Rights: Specific rights being granted by the author to the publisher, including primary, subsidiary, and territorial rights

5. Author's Obligations: Author's responsibilities including delivery of manuscript, revisions, warranties about originality and non-infringement

6. Publisher's Obligations: Publisher's responsibilities including publication timeline, marketing efforts, and quality standards

7. Delivery and Acceptance: Requirements for manuscript delivery, acceptance criteria, and revision process

8. Royalties and Payments: Payment terms, royalty rates, accounting periods, and reporting requirements

9. Copyright and Protection: Copyright ownership, registration responsibilities, and handling of infringement

10. Term and Termination: Duration of the agreement, renewal terms, and termination conditions

11. General Provisions: Standard legal clauses including governing law, dispute resolution, and notices

Optional Sections

1. Electronic and Digital Rights: Used when specifically addressing e-book and digital publication rights

2. International Rights: Include when the publication will be distributed internationally or rights will be sold abroad

3. Author's Marketing Support: When the author is expected to participate in marketing and promotion activities

4. Moral Rights: Important for jurisdictions where moral rights are specifically protected

5. Series Rights: Include when the work might be part of a series or when future works are contemplated

6. Competitive Works: When restrictions on author's other publications are necessary

7. Film and Adaptation Rights: When addressing potential adaptation rights for other media

Suggested Schedules

1. Schedule A - The Work: Detailed description of the work including title, length, format, and delivery specifications

2. Schedule B - Royalty Rates: Detailed breakdown of royalty rates for different formats and territories

3. Schedule C - Delivery Schedule: Timeline for manuscript delivery, revisions, and publication

4. Schedule D - Marketing Plan: Optional schedule detailing marketing and promotion commitments

5. Appendix 1 - Style Guide: Publisher's style requirements and formatting guidelines

6. Appendix 2 - Copyright Assignment: Formal copyright assignment documentation if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Publishing

Media & Entertainment

Education

Literary Arts

Digital Media

Academic Publishing

Professional Publishing

Relevant Teams

Legal

Editorial

Rights and Licensing

Acquisitions

Author Relations

Production

Marketing

Business Development

Relevant Roles

Publishing Director

Acquisitions Editor

Literary Agent

Rights Manager

Contract Manager

Legal Counsel

Author Relations Manager

Content Director

Publishing Manager

Editorial Director

Business Development Manager

Literary Editor

Industries
Copyright Act 1987: The primary legislation governing copyright protection in Malaysia, covering literary works, publishing rights, and author's rights
Contracts Act 1950: Malaysian law governing the formation and enforcement of contracts, essential for the publishing agreement's validity
Printing Presses and Publications Act 1984: Regulates printing, publishing, and distribution of publications in Malaysia
Personal Data Protection Act 2010: Governs the collection and handling of personal data, relevant for author's personal information in the contract
National Language Acts 1963/67: May be relevant if the work involves translation or language requirements for publication in Malaysia
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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