The Publishing License Agreement is a crucial document used when an author or content creator wishes to grant publishing rights to a publisher while retaining underlying copyright ownership. This agreement, structured under Dutch law, establishes the legal framework for the publication relationship, defining the scope of licensed rights, financial terms, quality standards, and mutual obligations. It's particularly important in the Netherlands where specific legal provisions regarding authors' rights and fair compensation must be addressed. The document typically includes comprehensive terms for both traditional and digital publishing, territory definitions, royalty structures, and publication timelines. This type of agreement is essential for protecting both the author's intellectual property rights and the publisher's commercial interests while ensuring compliance with Dutch copyright law and EU regulations.
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1. Parties: Identification of the Author/Rights Holder and the Publisher, including 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', 'Territory', 'Publishing Rights', etc.
4. Grant of Rights: Specific rights granted to the publisher, including print, digital, and subsidiary rights
5. Term and Territory: Duration of the agreement and geographical scope of the licensed rights
6. Author's Warranties and Undertakings: Author's guarantees regarding ownership, originality, and non-infringement
7. Delivery of the Work: Requirements and deadlines for manuscript delivery, format, and acceptance criteria
8. Editorial Process: Publisher's rights and author's obligations regarding editing, revision, and approval
9. Publication Obligations: Publisher's commitments regarding publication timeline, format, and quality
10. Royalties and Payments: Financial terms, royalty rates, payment schedules, and accounting provisions
11. Author's Copies: Number of free copies to be provided to the author
12. Copyright Notice and Attribution: Requirements for copyright notices and author attribution
13. Termination: Circumstances and procedures for agreement termination
14. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
1. Digital Rights and Online Distribution: Detailed provisions for e-book and digital distribution, used when digital publishing is part of the agreement
2. International Rights and Translations: Provisions for foreign language editions and international licensing, included when international distribution is contemplated
3. Competitive Works: Restrictions on author's publication of competing works, included when exclusivity is required
4. Marketing and Promotion: Specific commitments for marketing activities and author's participation, included for major publications
5. Print on Demand: Specific terms for print-on-demand publishing, included when this format is contemplated
6. Moral Rights: Specific provisions regarding author's moral rights under Dutch law, included for creative works
7. Audio Rights: Provisions for audiobook production and distribution, included when audio rights are part of the deal
8. Author's Option on Next Work: Right of first refusal for author's next work, included for established authors
1. Schedule 1 - The Work: Detailed description of the work, including title, length, format, and delivery specifications
2. Schedule 2 - Royalty Rates: Detailed breakdown of royalty rates for different formats and territories
3. Schedule 3 - Delivery Schedule: Detailed timeline for manuscript delivery, editing, and publication
4. Schedule 4 - Marketing Plan: Outline of marketing and promotion commitments (if applicable)
5. Schedule 5 - Subsidiary Rights: Detailed list of subsidiary rights and revenue sharing arrangements
6. Appendix A - Style Guide: Publisher's style requirements and formatting guidelines
7. Appendix B - Author's Previous Works: List of author's previous works that may affect non-compete provisions
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