In the interest of educating writers
Here's a recent PA contract:
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PublishAmerica
PublishAmerica, LLLP
POST OFFICE BOX 151
FREDERICK, MARYLAND 21705-0151
AGREEMENT made this DATE day of MONTH 2002, between party of the first
part, AUTHOR , hereinafter called the Author, and PublishAmerica, LLLP, a book publishing
company with its principal office located in the State of Maryland, party of the second part,
hereinafter called the Publisher.
Witnesseth:
Whereas, the Author is Proprietor of a literary work at present known as: TITLE
which work the Publisher agrees to produce in book form on the terms and conditions specified
hereinafter;
1. The Author grants and assigns to the Publishers during a period of seven years from the date of
the signing of this agreement by both parties thereto the exclusive right to publish, sell or export, or
cause to be published, sold or exported, the above work in book form in any language or languages,
in the United States of America, its Dependencies, and in the Dominion of Canada; and the exclusive
right to arrange for the publication of the above work in book form in all foreign countries, and/or
to export copies to these territories and countries. The Author and the Publishers agree that this
agreement is renewable upon the date of its expiration during an additional and successive period of
seven years, on the same terms and conditions as specified herinafter, provided that both parties to
this agreement shall mutually ratify such renewal in writing at least three months prior to the date of
expiration as hereabove set forth.
2. The Publisher agrees to produce the said literary work in book form, in such format, type and style
of paper, jacket and binding as will make the volume attractive and substantial-looking. It is
specifically understood and agreed, furthermore, that the said volume will contain all manuscript
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pages as submitted by the Author (unless otherwise designated hereinafter), and will be printed on
good quality paper with the bound size to be, approximately, 5½ x 8½ or 6 x 9 inches, or any other
size as the market demands.
3. The Publisher agrees to cause all copies of the said literary work to be printed as the market
demands, and agrees, furthermore, to cause the copies so printed to be bound, from time to time, in
sufficient quantities to supply purchasers of the said literary work therewith.
The Publisher shall pay to the Author the following royalties:
A royalty upon the regular edition sold in the United States of:
8 percent of the sales price thereof on the first 2,000 copies sold;
10 percent on the next 8,000 copies sold;
12.5 percent on all copies sold in excess of 10,000 .
4. Copyright shall be taken out in the name of Author in the United States of America, and in
foreign countries as the Publisher may deem advisable.
5. The Author agrees that all the copies of the said literary work that may be used for review and/or
publicity purposes, and all that the Publisher may deliver to the Author without receiving payment
in money, and all that the Publisher may deliver to the Author at a discount from the regular retail
price, shall not be subject to any payment to the Author.
6. If the work is authored or owned by more than one person, the word Author, as used herein, shall
be deemed to include all collaborators, authors, or owners who are parties hereto, jointly and
severally, and all sums payable to the Author shall be divided equally between or among them and the
Publisher shall render separate accounts and make separate payments to each of them unless herein
otherwise provided.
7. No payment shall be made to the Author on any copies of the said literary work that the Publisher
may distribute for advertising and/or sales promotion purposes, that may be destroyed by fire and/or
water or otherwise damaged or destroyed, or that may be lost in transit or in any other manner - such
damage, loss and/or destruction not being due to any negligence on the part of the Publisher.
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8. No payment shall be made to the Author for permission gratuitously given to others to publish
extracts from the said literary work to benefit the sale thereof, but all compensation received by the
Publisher for the publication of extraction therefrom, or for serial use after publication in book form,
or for translations, or for abridgments, or as a book club selection, shall be divided in the proportion
of 50% to the Author and 50% to the Publisher. All compensation received by the Publisher
for the dramatic or motion picture rights, or for the first serial rights prior to book publication, or for
foreign, radio, dramatic, cheap edition, television and/or all other rights in the said literary work shall
be similarly divided between the Author and the Publisher, as hereabove set forth.
9. The Publisher agrees to distribute, at his discretion, for purposes of publicity and/or review,
promotional information pertaining to the said literary work, to publications throughout the United
States and/or the Dominion of Canada, or elsewhere. Distribution of this promotional material shall
be at the Publisher’s own cost and expense and to media outlets of the Publisher’s own choice. The
Author agrees that excerpts of the said literary work may be included in this promotional information,
and agrees, furthermore, that the Publisher may, at the Publisher’s election and discretion, cause to
promote the said literary work, as designated, in any electronic format, and that the Publisher may
sell or cause to sell copies of the said literary work in any electronic format. The Publisher agrees to
pay to the Author a return as specified in Provision # 3 of this agreement of the sales price of every
copy in any electronic format that may be sold and for which the Publisher shall receive payment in
money.
10. The Publisher agrees to deliver to the Author 2 copies of the said literary work, on
publication, without charge. Should the Author wish to purchase additional copies of the said literary
work directly from the Publisher, the Publisher agrees to supply the Author with such copies at a
discount of 20% from the regular retail price per copy, if the Author orders up to 20 copies at
a time, and at a discount of 30% from the regular retail price per copy, if the Author orders 21
copies or more at a time. The Author may dispose of these copies in any manner, and, if re-sold, may
retain all monies derived therefrom.
11. The Publisher agrees to keep and maintain true and accurate records relating to the distribution
of copies of the said literary work, including reports of all sales and collections therefrom.
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12. The Publisher agrees to render and forward to the Author, in the months of February and August
next succeeding the date of publication of the said literary work, and thereafter semi-annual
statements of account for so long as copies of the work subject to royalty are sold. With respect to
copies sold, the statement shall indicate the price of each copy sold. The statement shall indicate both
the total royalties payable to Author on sales during the accounting period and the breakdown
indicating the royalties attributable to specific kinds of sales. Author may, upon giving sufficient
notice of no less than seven days, examine Publisher’s records and accounts to the extent that such
records and accounts are relevant to the publication of the said literary work, which shall be done at
Author’s expense.
13. The Publisher shall furnish the Author with an electronic page proof of the work which conforms
to the completed manuscript as submitted by the Author. The Author agrees to return such proof to
the Publisher with his (grammar and/or spelling and/or “typo” and/or non-substantial editing)
corrections within fifteen (15) days of the receipt thereof by him. The cost of alterations in the page
proof required by the Author, other than corrections of Publisher’s errors, in excess of fifteen (15%)
percent of the original cost of composition, shall be charged against the earning of the Author under
this agreement; provided also, however, that the Publisher shall promptly furnish to the Author an
itemized statement of such additional expenses, and shall make available at the Publisher’s office the
corrected proof for inspection by the Author or his representatives.
14. (A) If, in the Publisher’s opinion, the manuscript of the said literary work requires substantial
editing, the Publisher agrees to provide such editorial service without cost or expense to the Author.
It is specifically understood and agreed, however, that the Publisher shall make no major revisions,
changes and/or alterations therein without first consulting the Author and receiving written
permission to do so. (B) The Publisher reserves the right to delete, modify and/or make such editorial
changes and/or revision as they deem advisable in the event that the context, or implication, of any
part of the said literary work would, in Publisher’s opinion, incite prejudice, or defame any group,
or any member thereof, because of race, religion or nationality; or in the event that any part or parts
of the said literary work may be considered, by the Publisher, to be against the public welfare.
15. If the Author shall make any changes and/or alterations in the proofs of the said literary work as
submitted by the Publisher after it has been set up in type (other than corrections of Publisher’s
errors), or if the Author shall add additional material thereto at any time after the signing of this
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agreement, the Publisher agrees to make such changes and/or alterations, and to add additional
material, only on condition that the said changes and/or alterations and the inclusion of any new
material shall be approved of by the Publisher as benefiting the said literary work, and on condition,
furthermore, that the Author shall pay to the Publisher all the cost involved in so doing.
16. The Author agrees to revise the work on request of the Publisher, if the Publisher considers it
necessary in the best interests of the First and/or future Editions of the work. The provision of this
agreement shall apply to each revision of the work by the Author as though that revision were the
work being published for the first time under this agreement, except that the manuscript of the revised
work shall be delivered in final form by the Author to the Publisher within a reasonable time after
request for revision; further, no initial payment shall be made in connection with such revision.
17. Sales promotion, advertising and publicity shall be at the Publisher’s election and discretion as
to the extent, scope and character thereof and in all matters pertaining thereto. The Author agrees
to actively participate in promoting the sales of the said literary work in his home town area and
elsewhere, by making himself available to media interviews, book readings and/or signings, and other
public sales promotion appearances.
18. The Author agrees that all matters dealing with the design and production of the said literary
work shall be at the discretion of the Publisher.
19. Whereas this agreement refers to a First Edition of the said literary work, as designated, the
Publisher may produce as many editions thereof, consisting of as many copies as Publisher shall deem
advisable, at any time after it ceases to produce copies of the First Edition. On all such subsequent
editions that the Publisher may produce, the Author shall receive a return as specified in Provision
# 3 of this agreement of the sales price of every copy that may be sold and for which the Publisher
shall receive payment in money.
20. Author hereby agrees that the Publisher shall have the exclusive right for the duration of this
Agreement to negotiate for the sale, lease, license or other disposition of the said literary work in all
hard and/or soft cover or reprint editions in book form, and in the motion picture, dramatic, radio,
television, and/or all other fields if so instructed by the Author in writing. It is also agreed that the
Publisher may engage an agent, or agents, to negotiate, or assist in negotiating, for such sale, lease,
license or other disposition. Approval of all terms, provisions and conditions of any and all contracts
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in connection with any such sale, lease, license or other disposition shall be given by the Author upon
the recommendation of the Publisher; and, for that purpose, the Author agrees to duly execute any
and all contracts, assignments, instruments and approved papers submitted by the Publisher. All gross
monies and compensation received in payment for such sale, lease, license or other disposition shall
be collected and disbursed by the Publisher, and all contracts for such sale, lease, license or other
disposition shall provide that such monies and compensations are to be paid to the Publisher; and the
Publisher is authorized to receive, collect and disburse same and to endorse and deposit all checks
and/or drafts for such payment. All payments due from the Publisher to the Author hereunder shall
be made within ninety (90) days from the receipt thereof by the Publisher, accompanied by statements
of the amounts received and disbursed.
21. In the event of the infringement, by others, of the copyright, or other rights, in the said literary
work, the Publisher may, in its discretion, sue, or employ other remedies as it may deem expedient,
and shall pay to the Author 50% of the net proceeds of any recovery.
22. This agreement is entered into by both parties in good faith, with the mutual understanding that
neither party has guaranteed, or is to guarantee, the sale of any specific number of copies of the said
literary work, it being impossible to predict, before publication, what success any book may attain.
23. The Author acknowledges that the Publisher has not made any prior pledges, promises,
guarantees, inducements, of whatever nature, either in writing, by word of mouth, or in any form, that
are not contained in the terms of this agreement.
24. When in the judgment of the Publisher, the public demand for the work is no longer sufficient to
warrant its continued manufacture, the Publisher may discontinue further manufacture and destroy
any or all plates, books, sheets and electronic files without any liability in connection therewith to the
Author. However, the Publisher agrees to notify the Author of such decision in writing, and will offer
to transfer to the Author the work and its rights in the copyrights thereon, the plates (if any), the
bound copies and sheet stock (if any) on the following terms F.O.B. point of shipment: the plates at
their value for old metal, the engravings (to be used only in the work) at one-half (½) their original
cost, the bound stock at one-half (½) the list price, and the sheet stock at cost of gathering, folding,
sewing and preparing for shipment, all without royalties. In the latter event, unless the Author shall,
within 30 days, accept said offer and pay the amount set forth in said writing, the Publisher may
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dispose of the work, copyrights, plates, books, sheets and other property without further liability for
royalties or otherwise.
25. The Publisher agrees to produce the said literary work within 365 days from the date of the
signing of this agreement by both parties thereto, provided Publisher is not hindered by causes beyond
its own control, or by the Author.
26. This agreement shall be binding on, and inure to the benefit of, the executors, administrators, heirs
and assigns of Author, and the successors and assigns of Publisher. No assignment by Author shall
be binding on Publisher without the written consent of the Publisher; provided, however, that Author
may assign or transfer any monies due, or to become due to him, hereunder.
27. The Author covenants and represents that the said literary work has not hitherto been published
in book form; that it contains no matter that, when published, will be libelous or otherwise unlawful,
or which will infringe upon any proprietary interest at common law or statutory copyright; that the
Author is the sole proprietor of the said literary work and has full power to make this grant and
agreement, and that the said work is free of any lien, claim, charge or debt of any kind, and that the
Author and his legal successors and/or representatives will hold harmless and keep indemnified the
Publisher from all manner of claims, proceeding and expenses which may be taken or incurred on the
ground that said work is subject to any such lien, claim, charge or debt, or that it is such violation,
or that it contains anything libelous or illegal.
28. The provisions of this agreement shall apply to and bind the heirs, executors, administrators and
assigns of the Author, and the successors and assigns of the Publisher.
29. All unresolved disputes and controversies of any kind and nature within the scope of this
agreement (whether arising from fraud, mistake, questions of the existence, validity, construction,
performance, nonperformance, operation, or breach) shall be submitted to an Arbitrator selected in
accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. The
arbitration shall be conducted in the City of Frederick, Maryland in accordance with the Arbitration
Rules, and the decision of the arbitrator shall be final and binding on the parties to the proceeding,
subject only to the right of judicial relief as prescribed by law. This agreement shall be governed and
construed in accordance with the laws of the State of Maryland. Author and Publisher irrevocably
submit to the jurisdiction of any Maryland State or Federal court sitting in the City of Frederick over
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any suit related to this agreement.
30. Any written notice required under any of the provisions of this agreement shall be deemed to have
been properly served by delivery in person or by mailing same to the parties hereto at their addresses
as of the date set forth above, except as the addresses may be changed by notice in writing, provided,
however, that notices of termination shall be sent by registered mail.
31. A waiver of any breach of this agreement or of any of the terms or conditions by either party
hereto, shall not be deemed a waiver of any repetition of such breach or in any way affect any other
terms or conditions hereof; no waiver shall be valid or binding unless it shall be in writing, and signed
by the parties.
32. The Author will upon furnishing the Publisher with said literary work in its final version, as an
electronic file, receive an advance dollar amount of $ 1 (one) , which will be charged against
royalties due to the Author.
IN WITNESS WHEREOF, the parties hereto set their hands and seal the day first above written.
_________________________ __________________________
for PublishAmerica, Inc., AUTHOR
General Partner
_________________________ __________________________
Witness Witness
__________________________
Author’s Social Security Number
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