Agreement Between Author And Publisher Template for Netherlands

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Key Requirements PROMPT example:

Agreement Between Author And Publisher

"I need an Agreement Between Author And Publisher under Dutch law for a historical fiction novel, including worldwide English language rights and translation rights, with publication planned for March 2025 and an advance payment structure."

What is a Agreement Between Author And Publisher?

The Agreement Between Author And Publisher is a crucial legal document used when an author wishes to have their work published by a professional publishing house in the Netherlands. This agreement is essential for establishing clear terms of collaboration between authors and publishers, covering crucial aspects such as copyright transfer or licensing, royalty arrangements, publication timelines, and mutual obligations. Operating under Dutch law, particularly the Auteurswet (Dutch Copyright Act) and relevant sections of the Burgerlijk Wetboek (Dutch Civil Code), this agreement protects both parties' interests while ensuring compliance with national and EU regulations. It's particularly relevant in today's publishing landscape where both traditional print and digital rights must be carefully considered and properly addressed.

What sections should be included in a Agreement Between Author And Publisher?

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

2. Background: Context of the agreement, including brief description of the Work and the parties' intention to enter into a publishing arrangement

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

4. Grant of Rights: Specific rights granted by the Author to the Publisher, including print, digital, and subsidiary rights

5. Author's Warranties and Undertakings: Author's guarantees regarding ownership, originality, and non-infringement of third-party rights

6. Delivery of the Work: Requirements for manuscript delivery, format, and timeline

7. Publisher's Obligations: Publisher's commitments regarding publication, marketing, and distribution

8. Royalties and Payments: Payment terms, royalty rates, and calculation methods

9. Accounting and Statements: Requirements for financial reporting and payment schedules

10. Term and Termination: Duration of the agreement and circumstances for termination

11. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes

What sections are optional to include in a Agreement Between Author And Publisher?

1. Translation Rights: Used when the agreement includes rights for translation into other languages

2. Moral Rights: Specific section addressing moral rights under Dutch copyright law, particularly important for literary works

3. Author's Copies: Details of free copies provided to the author, included when this is part of the arrangement

4. Competing Works: Restrictions on author's publication of similar works, used when exclusivity is required

5. Marketing and Promotion: Detailed marketing obligations, included for major publications or when specific promotional activities are agreed

6. Electronic Rights: Detailed provisions for digital publication, necessary for e-books or digital-first publications

7. Option on Future Works: Publisher's right of first refusal on author's future works, included when agreed

8. Ghost Writing: Special provisions for ghost-written works, when applicable

What schedules should be included in a Agreement Between Author And Publisher?

1. Schedule 1 - The Work: Detailed description of the work including title, expected length, and basic content outline

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 - Author's Style Guide: Publisher's requirements for manuscript formatting and style

5. Appendix A - Subsidiary Rights: Detailed list of subsidiary rights and revenue sharing arrangements

6. Appendix B - Marketing Plan: Overview of planned marketing and promotional activities

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

Relevant legal definitions
Clauses
Relevant Industries

Publishing

Media & Entertainment

Literature

Education

Academic Publishing

Digital Media

Arts & Culture

Relevant Teams

Legal

Editorial

Rights and Licensing

Acquisitions

Business Affairs

Contract Administration

Publishing Operations

Author Relations

Relevant Roles

Publishing Director

Rights Manager

Literary Agent

Contract Manager

Legal Counsel

Acquisitions Editor

Author

Publisher

Copyright Manager

Licensing Manager

Editorial Director

Business Affairs Manager

Industries
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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