The Book Publishing Agreement is a crucial document used when an author wishes to grant a publisher the rights to publish and distribute their literary work in Switzerland and potentially other territories. This agreement, governed by Swiss law, carefully balances the interests of both parties while addressing key aspects such as copyright assignment, royalty structures, and publication requirements. It's particularly important in the Swiss context due to specific legal requirements regarding moral rights and author protections under the Federal Copyright Act and Swiss Code of Obligations. The document is typically used at the final stage of negotiations between authors and publishers, after the initial manuscript has been accepted but before the publication process begins. It covers essential elements including manuscript delivery, editorial process, publication timeline, marketing efforts, and revenue sharing arrangements.
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1. Parties: Identification of the Author and Publisher with full legal names and addresses
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', 'Publication', 'Territory', and 'Rights'
4. Grant of Rights: Specific rights granted by the Author to the Publisher, including primary, subsidiary, and territorial rights
5. Author's Obligations: Author's responsibilities including manuscript delivery, formatting requirements, and cooperation in the publication process
6. Publisher's Obligations: Publisher's duties including publication timeline, marketing efforts, and quality standards
7. Manuscript Delivery and Acceptance: Terms regarding manuscript submission, acceptance criteria, and revision process
8. Publication Terms: Details about publication format, pricing, and timeline
9. Royalties and Payments: Compensation structure, royalty rates, payment schedule, and accounting provisions
10. Copyright and Attribution: Copyright ownership, moral rights, and attribution requirements
11. Term and Termination: Duration of the agreement and circumstances for termination
12. Warranties and Indemnities: Representations and warranties by both parties, including intellectual property rights and indemnification
13. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement
1. Electronic and Digital Rights: Specific provisions for digital formats and electronic publishing, used when e-book or digital distribution is planned
2. International Distribution: Additional terms for international publishing rights, used when distribution is planned beyond Switzerland
3. Serial Rights: Terms for serialization in magazines or newspapers, included when serialization rights are part of the deal
4. Subsidiary Rights: Detailed provisions for adaptation rights, merchandising, or other derivative works
5. Author's Marketing Obligations: Specific requirements for author participation in marketing, used when author promotion is key to marketing strategy
6. Competing Works: Restrictions on author's publication of similar works, used when exclusivity is important
7. Option on Next Work: Publisher's right of first refusal on author's next work, included for valuable authors
8. Moral Rights Waiver: Specific provisions regarding moral rights under Swiss law, used when needed for certain types of publications
1. Schedule 1 - Work Specifications: Detailed description of the Work, including length, format, and content requirements
2. Schedule 2 - Delivery Schedule: Detailed timeline for manuscript delivery, revisions, and publication
3. Schedule 3 - Royalty Rates: Detailed breakdown of royalty rates for different formats and territories
4. Schedule 4 - Marketing Plan: Overview of planned marketing activities and responsibilities
5. Appendix A - Style Guide: Publisher's style requirements and formatting guidelines
6. Appendix B - Copyright Registration Details: Information required for copyright registration
7. Appendix C - Author's Previous Works: List of author's previous works that may affect exclusivity or competing works provisions
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