Agreement Between Author And Publisher Template for Philippines

The Agreement Between Author And Publisher serves as the foundational document for publishing relationships in the Philippines, establishing the legal and commercial framework for bringing literary works to market. This agreement is essential when an author wishes to have their work published professionally, whether it's fiction, non-fiction, academic material, or other written content. The document must comply with Philippine legislation, particularly the Intellectual Property Code (Republic Act No. 8293) and the Civil Code of the Philippines (Republic Act No. 386). It covers crucial elements such as rights assignment, royalty structures, delivery timelines, and quality standards. The agreement is designed to protect both parties' interests while facilitating the successful publication and distribution of the work in both traditional and digital formats.

1. Parties: Identifies and provides full details of the Author and Publisher, including their legal names, addresses, and tax identification numbers

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

3. Definitions: Defines key terms used throughout the agreement including 'Work', 'Publication', 'Territory', 'Rights', and 'Net Receipts'

4. Grant of Rights: Specifies the rights being granted by the Author to the Publisher, including primary, subsidiary, and territorial rights

5. Author's Warranties and Undertakings: Author's representations regarding ownership, originality, and non-infringement of the Work

6. Delivery and Acceptance: Details about manuscript delivery, format, timeline, and acceptance criteria

7. Publication Obligations: Publisher's obligations regarding publication timeline, quality, and marketing efforts

8. Royalties and Payments: Comprehensive terms about payment calculations, rates, schedules, and reporting

9. Accounting and Audit Rights: Terms regarding financial record-keeping and the Author's right to audit

10. Copyright and Credit: Requirements for copyright notices and author credit in all editions

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

12. Post-Termination Provisions: Rights and obligations of parties after agreement ends

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