As promised, here's the vanity contract I received from PMS. They want 3100 gbp for this. Though the sum is not a lot, it's still quite bit for a poor gurl like me.
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DATE
Dear AUTHOR X,
Re:- XXX
Thank you for requesting to view the Vanguard Press publishing contracts, and for your patience. If you are now in agreement, the course of production will take place in the usual manner. You will be requested to inspect a minimum of two sets of proofs for the book, to provide an idea for the cover, a ‘blurb’ for the back page of the book and another about you as the author, for inclusion inside the cover etc. Should you wish to stagger your payments, we offer credit card instalments, over a period of up to ten months, (negotiable), our Accounts Department would be pleased to discuss this with you.
I trust that I have covered all possible points but should you need clarification, or, if there is another point you wish to have clearly defined, please don't hesitate to contact me and I shall be pleased to discuss the matter with you.
It would also be useful for you to view our web site at
www.pegasuspublishers.com
If you are now in agreement, you should sign both copies of the contract, initialling every page. Then please retain one for your own records, and return the other copy to me. We look forward to the possibility of working with you in the publishing of this manuscript.
Best regards,
Yours sincerely,
David Newstead,
Editorial.
Promotion and Marketing Outline
An Advance Information Sheet (AI) to be prepared and sent to wholesalers, book buyers for high street chains and specialist outlets as well as local and online bookshops. A Press release to be targeted at the relevant national and specialist press, as well as the author’s local media and other organisations that may be interested. Review copies of the book will also be sent where requested or is thought appropriate. Promotional materials, such as flyers, posters and bookmarks are generated and made available to booksellers and other organisations. A supply of these materials will also be sent to the author for their own use. The author and their book will be featured on our web site and will include news, press reviews (if any) and photographs. We can also include a link to the author’s own web site. On publication, copies of the book are supplied to the five Copyright Libraries in the UK. Our books are available through most online bookstores, including Amazon.co.uk where copies will be held in stock, Waterstones.co.uk, WHSmith.co.uk, and Tesco.com, and will also be part of the Google Book Search programme. In addition your book will be available from UK and international bookshops, either from stock or on order. All of our titles are stocked by Gardner’s Books, the UK’s largest wholesalers, who are suppliers to book chains such as WH Smith and Waterstone’s, and many bookshops around the world. The author’s enthusiasm can help to increase the chances of success, so the author will be asked to provide, where possible, details of any useful contacts they may have or specialist media who may show an interest in their work. These contacts will then be considered. We cannot, nor can anyone, guarantee sales of your book through our marketing activities, but with no marketing by either party, chances of sales would be greatly reduced.
This is a basic outline of our promotion and marketing activities and does not necessarily constitute the overall marketing plan for your book.
VANGUARD PRESS
Publishing Contract
This AGREEMENT is made this DATE
AUTHOR X
ADDRESS X
Hereinafter called the AUTHOR
And
Vanguard Press
Sheraton House
Castle Park
Cambridge
CB3 OAX
ENGLAND
Hereinafter called the PUBLISHER
Vanguard Press, an imprint of Pegasus Elliot Mackenzie Publishers Ltd.
The AUTHOR warrants to being the owner of the copyright in the literary work at present known as
XXX
Hereinafter called the WORK, and the PUBLISHER agrees to publish the WORK in accordance with the following terms and conditions which are here by mutually and freely agreed between the PUBLISHER and the AUTHOR.
1 WARRANTY MADE BY THE AUTHOR TO THE PUBLISHER
The AUTHOR warrants that there has been no granting of any interest in the copyright of the WORK by licence or otherwise to any person or company or firm. The AUTHOR further declares that the WORK has not been previously published but that if it has been published, that it remains the property of the AUTHOR, who has retained said copyright. The AUTHOR grants to The PUBLISHER the sole right to publish and offer for sale the WORK and the sole right to negotiate in respect of subsidiary rights as set out in subsequent paragraphs. In the event of the publisher not exercising the option to publish further, the AUTHOR has the full right to approach other publishers.
2 COPYRIGHT AND SUB-LICENSING
Notwithstanding these warranties made by the AUTHOR full copyright remains at all times with the AUTHOR.
The PUBLISHER agrees with the AUTHOR to ensure that all copies of the WORK published by the PUBLISHER bear on the reverse of the title page (for copies published in volume form) and on the packaging and in suitable prominent places on screen or otherwise in vision (for copies published in any Electronic Form) the symbol ©, accompanied by the name of the AUTHOR and the year of first publication of the WORK. The PUBLISHER agrees with the AUTHOR to ensure that the AUTHOR'S name is included prominently on the front cover jacket spine and title page of all volume form copies of the WORK and on the packaging and on screen or otherwise in vision on all Electronic Form versions of the WORK published by the PUBLISHER, and in all publicity and advertisements for the WORK. The PUBLISHER shall ensure that any sub-licence granted by it shall include the following obligations on the part of the sub-licensee:
To ensure that all copies of the WORK published by such sub-licensee shall bear on the reverse of the title page (for copies published in volume form) and on the packaging and in suitable prominent places on screen or otherwise in vision (for copies published in any Electronic Form) the symbol © accompanied by the name of the AUTHOR and the year of first publication of the WORK.
To ensure that all, (if any) copies of the WORK published by such sub-licensee in the United Kingdom shall bear the following notice on the reverse of the title page.
'The right of AUTHOR to be identified as the AUTHOR of this WORK has been asserted in accordance with Sections 77 and 78 of the Copyright, Designs and Patents Act 1988'
To ensure that all copies of the WORK published by such sub-licensee shall include the AUTHOR'S name prominently on the front cover jacket spine and title page of volume form copies and on the packaging and on screen or otherwise in vision on all Electronic Form versions of the WORK and to include the AUTHOR'S name prominently in all publicity and advertisements for the WORK.
3 WARRANTY INFRINGEMENT
The AUTHOR warrants that the WORK contains no libellous or defamatory or other unlawful material and agrees to indemnify the PUBLISHER against any liability in respect of any libellous or defamatory or other unlawful material that may be contained in the WORK.
4 EDITING OF THE MANUSCRIPT
The PUBLISHER shall provide such treatment of the WORK that it is in a style and manner as deemed by him to be most suitable and appropriate to the sale of the WORK, and the PUBLISHER shall make editorial changes of the WORK at his discretion; and the PUBLISHER reserves the right to make any such editorial alterations, amendments or deletions as may be necessary; and also such changes in the event that the content (whether implicitly or explicitly) should appear to incite, prejudice or defame any group or any member thereof either individually or collectively by reason of race, colour, religion or nationality and the PUBLISHER reserves the right to delete or to alter any part of the manuscript that may be obscene, offensive, indecent or libellous, after consultations with the AUTHOR.
5 PRODUCTION PROGRAMME
The PUBLISHER shall produce the WORK in the Publisher's Edition within three hundred and twenty five working days after the final form of the manuscript shall have been delivered to the PUBLISHER and there shall be added to that period such period, if any, during which the production shall have been interrupted by Acts of War, Stoppages of Labour or other Industrial Action, shortages of materials, Fire, Flood or any other factor that may have delayed the production of the said WORK. If the Book shall not have been produced at the end of three hundred and twenty-five working days (the period extended if appropriate) the PUBLISHER shall, at the written request of the AUTHOR, by registered mail, within ninety days of such request, produce the WORK.
6 QUOTING OF COPYRIGHT MATERIAL
If the AUTHOR shall have incorporated in the WORK any copyright material, whether it be text or illustrations, this shall be disclosed to the PUBLISHER, who shall apply on behalf of the AUTHOR but at the Author’s expense, for written permission from the copyright owners to re-publish such copyright material.
7 AUTHOR’S READING OF EDITED MANUSCRIPT
Upon completion of such editorial treatment as may have been made by the PUBLISHER, the PUBLISHER shall provide the AUTHOR with a copy of the edited manuscript for proof reading of printer’s errors and the AUTHOR shall return the manuscript to the PUBLISHER within twenty-one days after receipt of the said proofs. If the AUTHOR fails to return the corrected proofs within twenty-one days the PUBLISHER shall not be held responsible for any delays in the publishing programme occasioned by such failure.
8 PHYSICAL SPECIFICATIONS PRINTING AND BINDING RUNS
The PUBLISHER shall cause the WORK to be set out in clear modern type and shall have absolute discretion as to the format, type-face, style, binding and printing of the WORK and the number of copies from time to time to be printed and bound.
9 AUTHOR'S ALTERATIONS
If the AUTHOR makes any changes or alterations in the proofs which deviate from the edited form of manuscript (other than corrections of printer's errors). If the AUTHOR adds fresh material thereto at any time following the date of signing of this agreement, the PUBLISHER shall be free to exercise discretion regarding such material and the acceptance of such alterations or changes. Any such changes made by the AUTHOR, may, at the discretion of the PUBLISHER, be charged to the AUTHOR.
10 REVIEW COPIES
The PUBLISHER reserves the right to distribute copies of the WORK, to book reviewers of print media (newspapers, magazines) or the media of radio and television, for the purposes of review, criticism and promotion. All matters concerning review copies in respect of the WORK shall be at the discretion of the PUBLISHER.
11 AUTHOR'S COMPLIMENTARY COPIES
The PUBLISHER undertakes to provide the AUTHOR with ten copies of the WORK, completely free of charge and an additional ten copies for the purpose of review and promotion.
12 THE COPYRIGHT ACT
The PUBLISHER shall deliver a copy of the WORK to the British Library in accordance with the law and thus ensure the inclusion of the title in the British National Bibliography; and shall also deliver one copy of the WORK upon demand to the University Libraries at Oxford, Cambridge, Edinburgh and Dublin.
13 AUTHOR'S RIGHT TO PURCHASE COPIES
If the AUTHOR should elect to purchase copies of the WORK in addition to the complimentary copies supplied in accordance with clause 11 supra, of the Agreement, then the AUTHOR shall be entitled to purchase such additional copies at a special discount of THIRTY percent (30 %). It is agreed between the parties that copies of the WORK sold in this manner to the AUTHOR shall not qualify for royalty payments.
14 PROMOTION AND MARKETING
The PUBLISHER shall decide the retail price of the WORK and may, at his discretion, adjust the retail price to facilitate promotion and marketing. The PUBLISHER shall alone have full discretion as to the nature and extent of any promotion and distribution of the WORK, but shall not be held liable for any outlet, declining to accept orders. The PUBLISHER agrees to notify relevant areas of the trade of the impending release of the work. This notification will take place six to twelve weeks prior to publication. The extent of this process is at the discretion of the PUBLISHER.
15 FEES
It is agreed that the AUTHOR shall, in consideration of the undertakings, services and expenditures made on the part of the PUBLISHER, in accordance with the terms of this Agreement contained herein, pay to the PUBLISHER the sum of £3100 for the publication of the WORK. If the PUBLISHER should fail to publish the WORK as specified in clause 5 supra, the AUTHOR shall be entitled to a full and complete reimbursement of this payment within thirty (30) working days of the said failure. The AUTHOR agrees to pay the above sum within ten (10) months (negotiable) of signing the contract.
16 ROYALTIES
The PUBLISHER for his part agrees to pay, to the AUTHOR, royalties as follows: Subject to the terms and conditions set out in this Agreement, the PUBLISHER shall pay to the AUTHOR the following payments in respect of the WORK sold:
• Home Sales: a royalty of EIGHTEEN PER CENT (18 %) of the net sales price on the first 8000 COPIES SOLD; and FOURTEEN per cent (14 %) of the net sales price on all sales over 8000 copies.
• Export Sales: a royalty of FIFTEEN PER CENT (15 %) of net amounts received;
17 SUBSIDIARY RIGHTS
Upon the PUBLISHER arranging subsidiary rights in respect of the said WORK, he shall pay to the AUTHOR the following percentages of the gross amount he receives.
Quotation rights fifty per cent (50 %);
Anthology rights fifty per cent (50 %);
Translation rights fifty per cent (50 %);
English language reprint rights fifty per cent (50 %);
Mechanical reproduction fifty per cent (50 %);
Electronic & software rights fifty per cent (50 %);
Sound broadcast rights fifty per cent (50 %);
Television reading rights fifty per cent (50 %),
Dramatisation rights fifty per cent (50 %);
Film rights fifty per cent (50 %),
Documentary rights fifty per cent (50 %);
Performance rights fifty per cent (50 %);
Non commercial rights for
Visually handicapped Nil per cent (0 %);
18 COMPLIANCE BY AUTHOR AND PUBLISHER
The PUBLISHER shall perform all the terms and conditions set out in this agreement but shall not be held in default of any provisions of this agreement if the AUTHOR shall not fully have complied with all the terms and conditions of this agreement. Failure by the PUBLISHER to comply with the conditions of this agreement shall be deemed a breach of the said agreement only if the AUTHOR has notified the PUBLISHER of alleged fault in writing and by registered post only if the PUBLISHER has failed to rectify the alleged fault on his part within SIXTY (60) days of the said written and registered notification. In case of the PUBLISHER going into liquidation or otherwise ceasing to trade or the work going out of print, rights shall revert to the AUTHOR. All remaining stock will be discounted to the trade or pulped. In the event of these circumstances, or any combination, final royalties shall be calculated up to and including the said date and paid to the AUTHOR.
19 AUTHOR'S RESPONSIBILITY
The AUTHOR undertakes not to say, write, or perform any act that may adversely affect the production, promotion and sales of the WORK.
20 INFRINGEMENT OF COPYRIGHT
If there shall be infringement of the copyright of the WORK by any other party, or any other rights in the WORK, the PUBLISHER shall, at his discretion, and after notifying the AUTHOR in writing, take such action in the courts or employ such other remedies as may be deemed expedient, and in the event of recovery of moneys in this regard by the PUBLISHER, the PUBLISHER shall, after deductions for expenses and costs pay to the AUTHOR fifty per cent (50 %) of all sums recovered thereby.
21 ASSIGNMENT OF CONTRACT
It is mutually agreed between the parties to this Agreement for themselves and for their respective executors and administrators, or successors in business, as the case or context may apply, that the AUTHOR has willingly written the WORK and any assignee shall be bound by all the terms and conditions of the Agreement.
22 DISCONTINUANCE OF PUBLICATION
The PUBLISHER shall notify the AUTHOR in writing when the WORK no longer warrants continued publication; such notification and decision shall be entirely at the discretion of the PUBLISHER. In this event, all copies of the WORK existing shall be remaindered to the trade at a discounted price or pulped.
23 COMPLETE CONTRACT
It is acknowledged by the PUBLISHER that he shall attempt by all means to fulfil his obligations under the terms of this Agreement and it is acknowledged by the AUTHOR that the PUBLISHER has not made any prior promises, pledges or guarantees, except as may be contained in this agreement which constitutes a complete contract and the whole and complete understanding of the parties and no representations other than those expressly contained herein shall be binding, and this agreement is entered into in good faith by both parties, it being distinctly understood that neither party has guaranteed, nor intends, or is able to guarantee, nor is able to predict the exact sale of a specific number of copies of the WORK.
24 PAYMENT OF ACCOUNTS
The PUBLISHER shall render accounts of the said WORK as at DATE, in the first year, and annually thereafter, and all moneys due to the AUTHOR shall be paid to the account within TWELVE WEEKS (12 weeks) of the said accountancy date. If the PUBLISHER has failed to pay the said moneys by this date, the AUTHOR shall, on written and registered notification, inform the PUBLISHER.
25 OPTION TO PUBLISH FURTHER WORK
The PUBLISHER would like to have first refusal of the AUTHOR'S next two works, but this must not be taken to infringe in any way the right of the AUTHOR, or to commit the AUTHOR to future dealings with the PUBLISHER.
26 GOVERNING LAW AND JURISDICTION
Any differences arising between the AUTHOR and the PUBLISHER touching on this Agreement, or the rights and liabilities contained therein, shall be governed by, and interpreted, in all respects, in accordance with the Law of England.
AS WITNESS THE HANDS OF THE PARTIES:
For the PUBLISHER
Name
Signature Date
This signature is duly witnessed:
Date
For the AUTHOR
Name
Signature Date
This signature is duly witnessed:
Date
This Publishing Contract, and the offer made therein by the Publisher, is valid for signature only until: DATE
