Exclusive Publishing Agreement Template for Philippines

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Key Requirements PROMPT example:

Exclusive Publishing Agreement

"I need an Exclusive Publishing Agreement for my fantasy novel series, granting worldwide digital and print rights to ABC Publishing House starting March 2025, with special provisions for e-book distribution and potential translation rights."

Document background
The Exclusive Publishing Agreement is a crucial legal instrument used in the Philippine publishing industry when an author wishes to grant exclusive rights to a publisher to reproduce, distribute, and commercialize their work. This document is essential when establishing a formal publishing relationship that ensures both parties' interests are protected under Philippine law, particularly in compliance with the Intellectual Property Code (RA 8293) and the Civil Code. It's typically used for book publications, academic works, or other literary pieces where the publisher will have sole rights to publish the work. The agreement comprehensively covers rights assignment, royalty arrangements, publication timelines, quality standards, and various other crucial aspects of the publishing relationship, while incorporating specific requirements of Philippine intellectual property and contract law.
Suggested Sections

1. Parties: Identification of the Author and the Publisher, including their full legal names, addresses, and any relevant registration numbers

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', 'Publication', 'Net Revenue', etc.

4. Grant of Rights: Explicit statement of exclusive rights granted to the publisher, including specific publishing rights, territories, and languages

5. Term and Termination: Duration of the agreement, renewal terms, and circumstances for termination

6. Author's Obligations: Author's responsibilities including manuscript delivery, warranties, and cooperation requirements

7. Publisher's Obligations: Publisher's commitments regarding publication, marketing, and promotion of the Work

8. Manuscript Submission: Requirements for manuscript format, delivery timeline, and acceptance criteria

9. Editorial Process: Guidelines for editing, revision processes, and final approval procedures

10. Royalties and Payments: Detailed compensation structure, payment schedules, and accounting procedures

11. Copyright and Attribution: Copyright ownership, required notices, and attribution requirements

12. Representations and Warranties: Legal assurances from both parties, especially regarding rights ownership and originality

13. Indemnification: Mutual indemnification provisions for breach of warranties or third-party claims

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

Optional Sections

1. Electronic and Digital Rights: Used when the agreement includes digital publishing rights, specifying terms for e-books, online distribution, and digital formats

2. Subsidiary Rights: Include when addressing potential adaptations, translations, or other derivative works

3. International Distribution: Required when publication rights extend beyond the Philippines

4. Author's Moral Rights: Detailed section on moral rights protection when the author wishes to specifically address these rights under Philippine law

5. Marketing and Promotion Commitments: Detailed marketing obligations when specific promotional activities are agreed upon

6. Competitive Works: Include when restricting the author from publishing competing works

7. Option on Future Works: Used when the publisher wants first right of refusal on the author's future works

8. Creative Control: Include when specifying detailed requirements for cover design, formatting, or other creative elements

Suggested Schedules

1. Schedule A - The Work: Detailed description of the work, including title, length, format, and any specific content requirements

2. Schedule B - Delivery Schedule: Detailed timeline for manuscript delivery, revisions, and publication

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

4. Schedule D - Marketing Plan: Specific marketing and promotion commitments from the publisher

5. Appendix 1 - Style Guide: Publishing house style requirements and formatting guidelines

6. Appendix 2 - Copyright Registration: Details of copyright registration requirements and procedures under Philippine law

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 and Entertainment

Education

Digital Content

Literature

Academic Publishing

Children's Books

Technical Publications

News and Journalism

Digital Media

Relevant Teams

Legal

Editorial

Rights and Licensing

Production

Acquisitions

Business Development

Contracts Administration

Publishing Operations

Content Development

Author Relations

Relevant Roles

Publishing Director

Literary Agent

Copyright Manager

Contracts Manager

Legal Counsel

Author

Editor-in-Chief

Rights Manager

Content Director

Acquisitions Editor

Production Manager

Literary Attorney

Publishing Executive

Editorial Director

Business Development 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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