DreamEngine Publishing
When we publish a book through our hybrid programme, two agreements set out the terms of that partnership: a Publishing Agreement, covering rights, royalties and the relationship between the author and DreamEngine Publishing, and a Publishing Services Agreement, covering the work we carry out to bring the book to market.
The documents below are sample versions of both agreements, shown so prospective authors can review the terms we work to before any conversation about a manuscript begins. Wherever a detail is specific to an author, a book, or the agreed fees and dates, you will see a placeholder rather than a real figure.
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We are committed to ensuring your book meets the highest industry standards.
For questions or customisation requests, please contact edward@dreamengine.co.uk
THIS AGREEMENT is made the TBC
BETWEEN:
1. qq of qq
(Hereinafter 'the Author')
AND
2. DreamEngine Publishing whose registered office is at:
19 New Road, Brighton, East Sussex, BN1 1UF, UK.
(Hereinafter 'the Publisher')
Whereby it is agreed as follows:
The following terms shall have the following meanings:
1.1. 'Account Period': the period of 12 months beginning on the date of publication of the Work
1.2. 'Advance': the sum payable by the Publisher to the Author in accordance with Clause 8.
1.3. 'Electronic Form': a product resulting from the exercise of the Electronic Publishing Rights
1.4. 'Electronic Means, Method or Device': shall include any digital format of the Published Work or part thereof, including Audio Form, consumed on-line, on a Device or by other means, whether now known or subsequently developed.
1.5. 'Electronic Publishing Rights': the right to prepare, reproduce, publish, sell, distribute, transmit, download or otherwise transfer or make available or store in any medium copies of the Work by any Electronic Means, Method or Device.
1.6. 'Export': all territories other than Home.
1.7. 'Home': the United Kingdom, the Isle of Man, the Channel Islands and the Republic of Ireland.
1.8. 'Rights': the exclusive right by way of licence to print and publish the Work and any abridgement or substantial part of the Work in all editions in volume form and [the non-exclusive right to publish the Work] in any Electronic Form in all languages / the English language throughout the Territory during the Term together with the exclusive right to license others to exercise all or any of such rights.
1.9. 'Royalties': the royalties payable by the Publisher to the Author in accordance with Clause 9.
1.10. 'Subsidiary Rights': exclusive right in the Territory during the Term to exercise and/or license others to exercise all or any of the rights in the Work specified in Clause 10.
1.11. 'Term': the full period of copyright in the Work including all renewals, reversions, extensions and revivals of such period subsisting or arising under the laws in force in each and every part of the Territory subject to earlier termination pursuant to Clause 15.
1.12. 'Territory': the world.
1.13. 'Work': the work provisionally entitled qqq
2.1. The Author has written the Work and is the owner of the copyright in it.
2.2. The Work has not been published in the Territory.
3.1. The Author agrees to grant to the Publisher the Rights and the Subsidiary Rights for the Term, subject to the terms and conditions of this contract.
4.1.1. The Author shall complete and deliver to the Publisher not later than TBC a clear, legible and clean copy of the typescript of the book, together with a file containing the text in a computer file format to be agreed with the Publisher.
4.1.2. The form, content and extent of the Work (including any illustrative material) shall in all respects be as agreed between the Publisher and the Author prior to the delivery of the Work.
4.2.1. The Author shall supply as part of the Work the illustrative material which shall unless otherwise agreed be in a form suitable for reproduction and which shall be delivered to the Publisher no later than TBC. The Author shall supply a detailed listing of all images supplied.
4.2.2. The cost of supplying such illustrative material (including any copyright permission fees) shall be borne by the Author.
4.2.3. The Author must ensure that they have the right to include any and all photographs or illustrations. Any necessary permissions are the responsibility of the Author. The Publisher shall be indemnified against any claim relating to the publishing of photographs and illustrations supplied by the Author.
4.3.1. The Author hereby agrees to supply any drawing or photograph of the Author or biographical material that shall be deemed necessary by the Publisher to promote the sale of the Work, such material to be delivered to the Publisher prior to one month before the publication of the Work. The cost of supplying such biographical material shall be borne by the Author.
4.3.2 The Author shall supply or bear the cost of supplying as part of the Work any preface, introduction, tables, graphs, diagrams, notes, appendices, bibliography, index and other materials as may be mutually agreed to be desirable.
The Author shall at their own expense (unless otherwise agreed by the Publisher) obtain from the copyright owner or owners written permission to include and reproduce within the Work any part of the typescript or illustrative or other material the copyright of which is not their own in all languages, editions and formats. The Publisher shall be indemnified against any claim relating to the publishing of copyrighted material supplied by the Author.
Should the Author fail to deliver to the Publisher by the prescribed date any illustrative or other material which the Author has agreed to supply, the Publisher shall be entitled to produce, commission or otherwise obtain such material itself and to charge the cost of it to the Author.
Should the Author fail to deliver to the Publisher the typescript or illustrative or other material described above by the prescribed date, the Publisher may, if it so wishes decline to publish the Work, in which case this Agreement shall automatically terminate and one or other of the following provisions shall apply, in the absolute discretion of the Publisher:
4.6.1. The Author shall upon request refund the Publisher any costs incurred by the Publisher in promoting publication of the Work; or
4.6.2. The Author shall not be at liberty to publish the Work or offer it to any other publisher without first re-offering it to the Publisher on the terms (save as to delivery dates) set out in this Agreement.
4.7.1. The Publisher shall accept the Work for publication provided that the complete typescript and any illustrative and other material that the Author has agreed to supply as delivered by the Author conforms to a reasonable extent to the form, content and extent of the Work as agreed between the Publisher and the Author.
4.7.2. As a condition of acceptance of the Work the Publisher may require the Author to amend the Work in such a way as to conform as described in 4.7.1.
4.7.3. If the Author is unable or unwilling or for any reason fails to carry out such amendments within a reasonable period of the Publisher's request, the Publisher may after consultation with the Author arrange for a competent person to make the amendments and the fees payable to such person shall be deducted from any sums which may become due to the Author under the terms of this Agreement.
4.8.1. The Publisher shall take proper care of any typescripts and illustrative or other materials while in its possession.
4.8.2. The Author is advised, as a safety precaution, to retain a good copy of the complete typescript of the Work in the Author's possession.
4.8.3. The Publisher shall be entitled to dispose of any typescripts of the Work in its possession on publication unless the Author has previously requested it to return the edited typescript to the Author once the Work has been printed.
4.8.4. All original material shall be returned to the Author by the Publisher when no longer required for publication, publicity or other purposes relating to the publication of the Work.
The Publisher undertakes to submit a Digital Copy of the Work (including any illustrative material, captions and jacket text) to the Author by email and the Author undertakes to read, check, correct and reply to this email to the Publisher by the date or dates stipulated by the Publisher, failing which the Publisher shall be entitled to regard them as having been passed for press.
The cost of alterations made by the Author to proofs or finished artwork (other than the correction of copy editors', printers' or artists' errors) above 10 per cent of the original cost of composition shall be borne by the Author and may be deducted from any sums which may become due to the Author under this Agreement.
The Publisher shall, unless otherwise agreed or unless prevented from doing so by industrial action or disputes or by other circumstances beyond its control, publish the Work within 18 months of receiving the complete and final manuscript and all illustrative material mutually agreed to be desirable, provided that the typescript and illustrative material have been delivered to the Publisher in a state satisfactory to it in accordance with the requirements of this Agreement by the date or dates specified in Clause 4 (or any mutually agreed revised date or dates).
6.2.1. The Publisher undertakes where practicable to consult with the Author as to terms proposed for the sale or licensing of other territories publication rights, paperback publication rights, serial rights and book club rights.
6.2.2. The Publisher undertakes to show the Author the artist's roughs (or, if impracticable, proofs) of the jacket/cover design and the proposed jacket/cover text and to consult with the Author before they are passed for press, but the Publisher reserves the right to make the final decision on all such matters in its own absolute discretion.
The Publisher shall (save as otherwise expressly provided in this Agreement) have within its sole discretion the entire control of the publication, distribution and sale of the Work, including (but not limited to) all decisions concerning the choice of paper, printing, typography, design, jackets, covers, binding and embellishments, advertisements, complimentary and review copies, reprinting, pricing, terms of sale, exploitation of Subsidiary Rights and remaindering.
The Author warrants to the Publisher that:
7.1. The Author is the sole owner of the Rights and of the Subsidiary Rights and has full power to enter into this Agreement and to give the warranties and indemnity contained in this Agreement.
7.2. The Author is the sole Author of the Work which is original in him/her and is not currently published or subject to contract anywhere in the Territory.
7.3. The Work contains nothing which is obscene, blasphemous, libellous or otherwise unlawful and the exploitation of the Rights and/or the Subsidiary Rights by the Publisher will not infringe the copyright or any other rights of any third party.
7.4. All statements in the Work purporting to be facts are true and any recipe, formula or instruction contained in it will not, if followed accurately, cause any injury, illness or damage to the user.
7.5. The Author will keep the Publisher fully indemnified against all actions, claims, proceedings, costs and damages (including any damages or compensation paid by the Publisher on the advice of its legal advisers to compromise or settle any claim) and all legal costs or other expenses and losses including (but not limited to) losses of profits arising out of any breach of any of the above warranties or out of any claim by a third party based on any facts which if substantiated would constitute such a breach.
8.1. Advance: TBC
Subject to the terms and conditions set out in this Agreement the Publisher shall pay to the Author the following Royalties in respect of all copies of the Work sold during the Term:
9.1.1 Home Sales
On all copies of the Publisher's editions of the Work, either hardbound or paperback, excluding such copies as may by subsequent provisions of this Agreement or as otherwise mutually agreed, be sold subject to a different royalty, the Author shall receive the following percentages of the net amounts received by the Publisher: TBC%
9.1.2. Export sales
On all copies of the Publisher's editions of the Work, either hardbound or paperback, sold to the Export market, excluding such copies as may by subsequent provisions of this Agreement or as otherwise mutually agreed, be sold subject to a different royalty, the Author shall receive TBC% of the net amounts received by the Publisher.
9.1.3. Other editions
On all copies sold under licence to publishers other than those detailed in this Agreement: TBC% of the net amounts received by the Publisher.
9.2.1. The Publisher shall publish the Work or any adaptation or abridgement of the Work or any part of the Work in Electronic Form (except as provided in clause 9.2.2): a royalty of TBC% of the net amounts received by the Publisher.
9.2.2. If the Work or any adaptation, abridgement or part of the Work is embodied in Electronic Form in combination with other works published by the Publisher: a royalty based on the net amounts received by the Publisher from the sale of the Electronic Form in its entirety, the rate of royalty being the same proportion of TBC% as the Work or adaptation, abridgement or part of the Work in question bears to all of the works included in the Electronic Form.
9.2.3. No royalties shall be paid on copies of the Work sold to the Author, presented to the Author or to the Agent, presented in the interests of the sale of the Work, returned to the Publisher, lost through theft or damaged or destroyed by fire, water, in transit or otherwise.
In consideration of the payment by the Publisher to the Author of TBC% of all monies received by the Publisher in respect of the rights mentioned below, the Author grants to the Publisher the Subsidiary Rights (to the extent that they are not granted by Clause 3):
10.1.1. Quotation Rights
10.1.2. Anthology Rights
10.1.3. Digest Rights (i.e., the right to publish an abridgement of the Work in a single issue of a journal, periodical or newspaper)
10.1.4. Digest Book Condensation Rights (i.e., the right to publish a shortened version of the Work in volume form)
10.1.5. Subject to Clause 10.3, Mechanical Reproduction Rights (i.e. the right to produce or reproduce the Work or to license the reproduction of the Work or any part by film micrography, reprographic reproduction, audio reproduction, gramophone records or tapes, film strips, or by means of any other contrivance whether by sight or sound or a combination of both, whether now in existence or subsequently invented, except in so far as reproduction is for use as part of or in conjunction with or by means of a commercial film or video, video disc, compact disc, video/laserdisc or similar version of such a film whether in a form now in existence or subsequently invented)
10.1.6. Electronic Publishing Rights (for the purposes of this sub-clause being the right to license the publication or other exploitation of the Work in Electronic Form)
10.1.7. One-Shot Periodical Rights (i.e. the right to publish the complete Work in a single issue of a journal, periodical or newspaper)
10.1.8. Strip Cartoon Book Rights
10.1.9. Picture Book Rights
10.1.10. Translation Rights
10.1.11. US and Commonwealth English Language Publication Rights
10.1.12. Sound Broadcasting Rights (straight readings from the text of the Work)
10.1.13. Audio Rights
10.1.14. Television Reading Rights (straight readings from the text of the Work by a single voice or showing illustrations from the Work)
10.1.15. Dramatisation and Documentary Rights on stage, film, radio, television, stream, download or any other medium including but not limited to film, video, disc and compact disc, video/laserdisc rights, and transmission of any such dramatisation or documentary by any means including (but not limited to) cable TV, satellite TV, film, streaming service or download
10.1.16. Merchandising Rights
10.1.17. Large Print Rights
10.1.18. Library Reprints
10.1.19. First Serial Rights (i.e., the right to publish one or more extracts from the Work in successive issues of a periodical or newspaper beginning before first publication of the Publisher's edition of the Work in volume form)
10.1.20. Second and Subsequent Serial Rights (i.e., the right to publish one or more extracts from the Work in successive issues of a periodical or newspaper beginning after first publication of the Publisher's edition of the Work in volume form)
10.1.21. No payment will be made to the Author for the granting of Non-Commercial Rights for the Disabled (i.e., the right to convert the Work to Braille or to record the Work for the sole use of the blind and print-handicapped free of charge)
The Publisher will account to the Author for monies derived from the exploitation of the Subsidiary Rights in the statements relating to each Account Period as provided in Clause 12.
If, after a period of 2 years from the date of first publication of the Work under the terms of this Agreement, the Work shall in the opinion of the Publisher have ceased to have a remunerative sale, the Publisher shall be at liberty to dispose of any copies remaining on hand:
11.1. As a remainder or overstock and shall in lieu of the Royalties specified in clause 9 pay the Author on such copies 10 per cent of the net amounts received by the Publisher except that on any copies sold below cost price no royalty shall be payable provided that no copies of the Work shall be disposed of as remainders unless the Publisher shall first have given the Author written notice of its intention to remainder the Work and the opportunity within 30 days of receipt of such notice to purchase all or any of the remaining copies of the Work at the remainder price (adjusted pro rata if the Author wishes to purchase some only of such copies of the Work); and/or
11.2. By pulping any such copies provided that no copies of the Work shall be pulped unless the Publisher shall first have given the Author written notice of its intention to do so and the opportunity within 30 days of receipt of such notice to acquire some or all of them from the Publisher free of charge subject to the Author paying the cost of delivery.
The Publisher agrees with the Author:
12.1. To keep accurate and detailed books and records of all sales of copies of and exploitation of the Rights and the Subsidiary Rights in the Work and the revenue received from such sales and exploitation.
12.2. To compile statements of sales of copies of and exploitation of the Rights and the Subsidiary Rights in the Work for each Account Period specified in Clause 1, including details of the number of copies sold and price received, and royalty payable to the Author in respect of them.
12.3. To render such statements to the Author together with payment of any sum due within 90 days of the end of each Account Period.
12.4 Requests for sales numbers may be submitted via email at other times and these will not be unreasonably withheld.
12.5. Currently Books are zero VAT rated in the UK where your tax calculations and accounting will take place. If the VAT rate should change and if the Author is registered for Value Added Tax, the Publisher shall pay the requisite VAT with each and every payment made to the Author hereunder.
12.6. The Publisher shall not make payment to the Author, unless expressly demanded, in respect of any Account Period in which the amount due to the Author are less than £100, in which case the amount shall be carried forward to the next accounting date. However, the Publisher shall continue to render accounts in this case.
12.7. If any Taxes are applicable in any other Territory they shall be applied as above.
The Author agrees with the Publisher during the Term:
13.1.1. Not to grant any licence or make any agreements in respect of the Work that would conflict with or derogate from the grant of the Rights and the Subsidiary Rights.
13.1.2. Not without the Publisher's prior consent prepare or agree to prepare or authorise or permit the preparation otherwise than for the Publisher of any work of a nature which may reasonably be considered by the Publisher to be likely to affect prejudicially the sales of the Work or do anything which might affect prejudicially the exploitation of all or any of the rights or of the Subsidiary Rights.
To give the Publisher the first opportunity to read and consider for publication the next work of non-fiction or fiction which the Author seeks to have published in volume and/or electronic form, and for this purpose:
13.2.1. To submit to the Publisher an outline of such work of not less than 1,000 words;
13.2.2. At the request of the Publisher, if made within three months of the submission of such outline, or two months after the publication of the Work under the terms of this Agreement (whichever shall be the later), to enter into negotiations in good faith with the Publisher as to the terms for the publication of such work, and the Author shall offer to the Publisher the same rights and territory as covered by this Agreement.
13.2.3. If the terms for publication of such work are not agreed within three months of the Publisher's request under Clause 13.2.2., the Author shall be at liberty to negotiate terms with any other party for its publication, provided that the Author shall notify the Publisher of terms offered by any third party which the Author are prepared to accept, and shall give the Publisher 21 days from the receipt of such notice to match such terms. If the Publisher agrees to match such third party's terms, the Author shall be bound to grant to the Publisher the rights for such Work upon such terms.
13.2.4. If terms are agreed between the Parties for the publication of such work, they shall be the subject of a separate written agreement.
The Publisher agrees with the Author during the Term:
To ensure that all copies of the Work published by the Publisher bear on the reverse of the title page the copyright symbol accompanied by the name of the Author and the year of first publication of the Work.
To send to the Author upon publication 10 free copies of each edition of the Work published by the Publisher and to allow the Author to purchase further copies at a discount for personal use and for sale limited to private events and non-book trade outlets only.
To include the Author name prominently on the front cover, jacket, spine and title page of all copies of the Work published by the Publisher.
The Author may by summary written notice to the Publisher terminate this Agreement if any of the following shall happen:
15.1.1. Breach of publishing requirements
If the Publisher fails to publish the Work in either Volume or Electronic form within the time stipulated in Clause 6.
15.1.2. Other breaches
If the Publisher is in breach of any of its other obligations under this Agreement and in the case of a breach capable of being remedied fails to remedy such breach within one month of being requested by the Author in writing to do so.
15.1.3. Insolvency of the Publisher
If the Publisher goes into liquidation either compulsorily or voluntarily (save for the purpose of and immediately followed by a reconstruction or amalgamation) or if a receiver, administrative receiver or administrator is appointed in respect of the whole or any part of its assets or if the Publisher makes an assignment for the benefit of or composition with its creditors generally or threatens to do any of these things or if any similar occurrence under any jurisdiction affects the Publisher.
15.2.1. Upon the expiry or termination of this Agreement all rights granted to the Publisher under its terms shall automatically and immediately revert to the Author absolutely.
15.2.2. The Publisher may for a period of 6 months on a non-exclusive basis continue to sell any copies of the Work that are on hand as at the date of expiry or termination of this Agreement, subject to the payment of Royalties in respect of such sales.
15.2.3. Termination shall not affect:
15.2.3.1. the subsisting rights (if any) of any third party under a sub-licence validly entered into by the Publisher prior to termination;
15.2.3.2. the rights of the Author to monies accrued due to the Author in respect of the Publisher's sales and exploitation of the Work up to the date of termination.
15.2.3.3. any claim which the Author may have against the Publisher for damages or otherwise.
After termination or expiry of this Agreement, the Publisher shall from time to time when so requested do all such things and sign and execute such documents and deeds as the Author may reasonably require in order to confirm the reversion of rights to the Author under the terms of this Agreement, and in particular (but not by way of limitation) the Publisher shall give notice in the form specified by the Author to all (if any) of the Publisher's sub-licensees of the termination of this Agreement and requesting such sub-licensees as from the date of termination to account to the Author or as the Author shall direct in respect of monies payable by such sub-licensees in respect of the Work.
16.1. If at any time during the Term the copyright in the Work shall in the reasonable opinion of the Publisher be infringed by a third party, the Publisher shall be entitled to take proceedings in the joint names of the Publisher and the Author upon giving the Author a sufficient and reasonable indemnity against all and any liability for costs and expenses (whether of the Author or of the defendants in any such proceedings) and the Author shall give to the Publisher all reasonable co-operation in such proceedings.
16.2. The Publisher shall be entitled to nominate the solicitors through whom such proceedings shall be carried on and shall have full power to abandon, compromise or settle such proceedings at its own discretion, but will first consult fully with the Author.
16.3. Any sum recovered by way of damages and costs shall be applied first towards repayment of the costs incurred in such proceedings and any balance shall be divided equally between the Publisher and the Author.
16.4. Notwithstanding any other provision of this Agreement, the Publisher and its sub-licensees shall if they reasonably consider it necessary for the protection of the Work be entitled to take urgent proceedings in their sole name in any part of the Territory for interlocutory relief without prior notice to the Author provided that the Publisher shall as soon as reasonably practicable afterwards give to the Author notice of such proceedings.
16.5. The provisions of this Clause apply only to an infringement of the copyright in the Work which affects the interest in it granted to the Publisher under the terms of this Agreement.
17.1. If the Author and the Publisher shall agree during the Term that a revised edition of the Work is necessary in order to keep it up to date, the Author shall without charge to the Publisher edit and revise the Work and shall supply any new material that is mutually agreed between them to be necessary for that purpose and deliver the edited and revised Work to the Publisher within the period agreed between them.
17.2. If the Author are unwilling or unable to or for any reason fails to edit or revise the Work as mentioned in sub-clause 17.1, the Publisher may arrange for a competent person to do so and any fees payable to such person shall be deducted from any monies which may become due to the Author under the terms of this Agreement.
17.3. If the revisions to the Work are of such an extent as to involve costs of not less than one third of the original cost of composition, then the Royalties payable on all copies sold of the first impression of such revised edition shall be at the lowest rates of royalty specified in Clause 9.
The Author asserts to the Publisher, its assignees, licensees and successors in title their moral right to be identified as the Author of the Work in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
The Publisher shall procure that every copy of the Work published by it in the United Kingdom and in any other part of the Territory to which the Copyright, Designs and Patents Act 1988 extends shall bear the following notice on the reverse of the title page: 'The right of qq 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'
The Author irrevocably and unconditionally waives all their moral rights under section 80 of the Copyright, Designs and Patents Act 1988, and under any similar laws in force from time to time during the Term in any part of the Territory, not to have the Work subjected to derogatory treatment and the Author declares that this waiver shall operate in favour of the Publisher, its sub-licensees, assignees and successors in title.
The Publisher reserves the right to alter the text of the Work in such a way as shall appear to the Publisher appropriate to delete anything which on the advice of the Publisher's legal advisors is considered objectionable or capable of being actionable at law, but any such alteration or deletion shall only be undertaken with the consent of the Author which the Author shall not unreasonably withhold, and any such alteration or deletion shall not affect the Author's full liability under the warranties and indemnity contained in clause 7 and the Author irrevocably and unconditionally undertakes that they will not in any part of the Territory maintain or support any claim for infringement of their moral rights, whether under section 80 of the Copyright, Designs and Patents Act 1988 or otherwise, by reason of any alteration to or deletion from the Work made by the Publisher, its licensees, assigns or successors in title pursuant to this clause.
The Author will be responsible for the expenses incurred as a result of media interviews and any public or media appearances connected with the promotion of the book.
If this Agreement remains in force for 10 years from the date hereof each party shall give reasonable consideration to a request from the other for the renegotiation of such terms as are no longer in line with current publishing practice.
If any difference shall arise between the Publisher and the Author touching the meaning of this Agreement or the rights and liabilities of the parties thereto, the same shall be referred to the arbitration of two persons (one to be named by each party) or their umpire, in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
All rights not expressly granted hereunder are reserved to the Author.
This Agreement constitutes the entire understanding of the parties and any modification thereof shall not be effective unless in writing and signed by both parties.
This Agreement shall be interpreted according to the laws of England and shall be subject to the jurisdiction of the English Courts.
SIGNED AND AGREED:
Author: ____________________
qq
Date: TBC
Publisher: ____________________
DreamEngine Publishing
Date: TBC