The Publication Contract serves as the primary legal instrument for formalizing the relationship between authors and publishers in Nigeria. This document is essential when an author wishes to have their work published and distributed through a publishing house. The contract comprehensively covers crucial aspects including copyright transfer or licensing, royalty structures, publication timelines, and quality standards, all while ensuring compliance with Nigerian copyright law and publishing regulations. It's particularly important in protecting both parties' interests by clearly defining rights, responsibilities, and commercial terms. The agreement must align with the Nigerian Copyright Act and take into consideration both traditional and digital publishing environments, making it adaptable to various publishing formats and distribution channels.
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1. Parties: Identification of the Author and Publisher with full legal names and addresses
2. Background: Context of the agreement and brief description of the work to be published
3. Definitions: Key terms used throughout the agreement including 'Work', 'Territory', 'Publishing Rights', 'Net Receipts', etc.
4. Grant of Rights: Specific rights being transferred from author to publisher, including primary and subsidiary rights
5. Author's Warranties and Indemnities: Author's guarantees regarding ownership, originality, and non-infringement of third-party rights
6. Delivery of the Work: Specifications for manuscript delivery, format, and timeline
7. Publication Obligations: Publisher's commitments regarding publication timeline, format, and quality
8. Royalties and Payments: Payment terms, royalty rates, payment schedule, and accounting procedures
9. Copyright and Credit: Copyright notice requirements and author credit specifications
10. Term and Termination: Duration of the agreement and conditions for termination
11. General Provisions: Standard legal clauses including governing law, notices, and entire agreement
1. Digital Rights: Specific provisions for electronic and digital formats, used when e-book or digital publication is contemplated
2. International Rights: Terms for international publishing and translation rights, included when international distribution is planned
3. Dramatic and Audio Rights: Terms for adaptation into other media formats, included when these rights are part of the deal
4. Marketing and Promotion: Specific commitments regarding marketing efforts and author participation, included for major publications
5. Revised Editions: Terms for future updates or new editions, important for academic or technical works
6. Competitive Works: Restrictions on author's ability to publish similar works, included when exclusivity is important
7. Author's Copies: Provisions for complementary copies to the author, often included for physical publications
1. Schedule 1 - The Work: Detailed description of the work including title, length, format, and any special features
2. Schedule 2 - Delivery Schedule: Detailed timeline for manuscript delivery, revisions, and publication
3. Schedule 3 - Royalty Rates: Detailed breakdown of royalty rates for different formats and territories
4. Schedule 4 - Style Guide: Publishing house style requirements and formatting specifications
5. Appendix A - Marketing Plan: Detailed marketing and promotion strategy, if applicable
6. Appendix B - Author's Previous Works: List of author's previous works that may affect non-compete provisions
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