AN AGREEMENT, dated - concerning a literary WORK
entitled
"Philologos; or a Murder in Bistrita" by Debra Doyle &
James Macdonald
between the EDITORS, who are David G. Hartwell &
Kathryn Cramer, c/o Dragon Press, [address redacted], and Debra Doyle & James
Macdonald, The SELLER, [address redacted]:
1. The Seller hereby licenses and grants to the Editors the
right and permission to publish the Work in an
ANTHOLOGY, provisionally titled Year's Best Fantasy #9, to
be published by Tor.com, a unit of Tom Doherty Associates.
The Seller grants to the Editors non-exclusive world
anthology rights in all languages throughout the world to
use the Work. It is understood that the use of the Work by
the Editors entails world volume rights, both in the English
language and in foreign translations, and in hardcover,
paperback, book club, and reprint editions of the anthology.
It is also understood that the Editors, are licensed to use
the Work only in the Anthology and in reprints of it,
including print and electronic versions, complete or partial,
and that all rights not specifically granted in this
Agreement are reserved to the Seller.
2. The Editors agree to pay $90.00 payable upon final
acceptance of the completed Anthology by Tor.com, a unit
of Tom Doherty Associates. This payment is an advance
against a 50% pro rata share of the Anthology's earnings, if
any, beyond the initial advance, earning to include income
from trade, book club, reprint, translations, electronic
editions, foreign sales of the anthology, or any subsidiary
rights income received by the Editors. All electronic
excerpts will be tracked and any royalty income
apportioned according to authors included. It is anticipated
that batches chosen by the publisher, of three or more
stories, will be offered electronically, but no individual
stories will be offered alone. Fifty percent of the earnings
actually received by the Editors will be distributed to the
Sellers of the stories in the Anthology at least once each
calendar year, as soon as such earnings exceed $20.00 per
story.
3. It is understood that the Anthology will be represented
by Susan Ann Protter, literary agent, and by her or the
Editors' overseas agents, and that the customary agency
fees will be deducted before payments are made to the
Editors.
4a. The Seller warrants that the Seller has the clear title to
the Work or is authorized by the Work's owner to sell the
Work; also that the story contains no libelous material and
is not in violation of any rights of privacy or any other
rights of third persons, and does not violate any existing
common law or statutory copyrights, and agrees to
indemnify and hold harmless the Editors, Tor.com
Publications, and any and all other publishing firms
licensed by the Editors to publish the Anthology, from any
loss, expense (including attorneys fees) or damage
occasioned by any and all disputes and judgements finally
sustained arising from ownership of rights herein granted,
which would constitute a breach of any of the foregoing
warranties.
4b. The Seller warrants that the Work was published for
the first time during the calendar year 2008.
5. The Editors may have the Work translated where
necessary.
6. The Seller agrees that the Editors and Publisher(s) may
use the name and biographical data of the author(s) of the
Work in connection with the exercise of and exploitation of
rights to the Work, and in the advertising or promotion for
the Anthology.
7. The Seller will receive one complimentary copy of the
first edition of the Anthology in which the Work appears.
8. The anthology shall be copyrighted in the name of the
Editors; also a separate copyright notice shall be included
for each story. Please correct notice provided below. If
blank, please provide complete notice. The copyright
notice for this story shall be worded as follows:
____c copyright 2008 by Debra Doyle & James D. Macdonald
__________________________________________________________________
9. Payment of the above advance shall be made in US
dollars. If the Seller wishes the Editors to pay all sums due
under this agreement to the Seller's literary agent, please
note the agent's name and address:
ACCEPTED AND AGREED: Please indicate your acceptance
by signing and returning all three copies of this agreement
to David G. Hartwell at [address redacted]. For further information call Kathryn Cramer &
David G. Hartwell at [phone number redacted], or David G. Hartwell
at [phone number redacted]. One copy will be returned to you.
X X
Seller/Agent Editors
SS# or Tax ID#________________________ If the payee is a US
citizen, we must have a SS# or Tax ID# to issue a check.
--
David G. Hartwell [email address redacted]
Senior Editor, Tor Books
(due May 13)
