We have some new books forthcoming next year by people other than us. So we had to make a contract. Here is our contract.
AGREEMENT between Commune Editions (“Publisher”) and [_____________] (“Author”).
The two parties agree as follows:
Author shall deliver to Publisher an original book.
Author grants to publisher the right to print, publish, distribute, and sell the rights to any and all editions and/or formats of the Book (including electronic versions), in whole or in part, in the English language throughout the world. Publisher agrees to produce and promote a print run of the book followed by the release of a free electronic version somewhere between six and eighteen months after publication of the print book (exact date to be discussed if author desires a certain date). As long as the book is in print, Author grants Publisher exclusive rights for five years from date of this agreement. All rights to the Book not expressly granted to us here will remain, always, with the Author. The Author can sell translation rights, television rights, film rights, billboard rights, plush toy and key chain rights—all without the approval of the Publisher.
The Author vows that the work is his; that the Book will not infringe upon the personal rights of or give rise to any claim by any third party, including, without limitation, claims in defamation, privacy, copyright, or trademark; and that the Author has the authority to grant us the rights granted in this agreement. Publisher will have no obligation to publish any part of the Book, which in its opinion would infringe upon such rights of any third party.
The Author will have approval over the promotion of the Book. Authors will take an active role in the promotion of their book but they will decide when/if they tour and where, and how. The Author will have the right to approve how the Book and themselves will be described in publicity materials.
Upon publication, Publisher shall provide twenty copies to Author. Additional copies can be bought at 50% of list price.
All monies made from the publication of this book in any form will be put toward Publisher’s Direct Costs until Publisher has two years Direct Costs on average in reserve. Direct Costs shall mean the costs actually incurred by Publisher in connection with the paper, printing and binding of the Book and galleys, of shipping the Book and galleys, or preparing and mailing publicity materials, promotional expenses, and the possible hiring of someone to do this work as needed. It does not include the salaries of the Publisher’s editors because the Publisher’s editors will never receive a salary.
After Publisher has two years of Direct Costs (determined by average of prior production costs) in reserve, they will notify all authors. If revenues above two years of Direct Costs are less than $10,000 US, the revenues will be split equally among all authors. If revenues exceed $10,000 US, it will be divided equally, with half going to the Bay Area Antirepression Committee or other organization devoted to antirepression and antiprison work, while the other half will be split equally among all authors. If revenues exceed $50,000, then $25,000 will be used to write LOL in the sky above as many financial and political centers of the capitalist system as possible, while the rest will be split equally among all authors. If revenues exceed $100,000, then $50,000 will be used to purchase all black clothing and facial coverings to be donated for entirely aesthetic purposes to a political mobilization of the authors’ choice, while the rest will be split equally among all authors. If revenues exceed $250,000, then $125,000 will be rained down on a location in the city of Oakland to be decided upon by the authors, while the rest will be split equally among all authors. Revenues in excess of $500,000 will be destroyed by fire. This payment will happen once a year.
The Author shall have the right upon written request to examine the books of account of the Publisher insofar as they relate to the Book; such examination shall be at the cost of the Author unless errors of accounting amounting to five percent (5%) or more of the total sum paid to the Author shall be found to his disadvantage, in which case the cost shall be borne by the Publisher. The examination will be done by the Author’s representative or accountant.
Should the Publisher not publish any new books for three years, the Publisher will be dissolved. Any existing revenues will be divided among all the Authors at that moment.
If there is a disagreement between the two parties arising out of this agreement, it will be resolved in good faith through an arbitrator to be selected by the parties. The arbitrator’s decision may be entered in any court having jurisdiction. No arbitration can be commenced and neither Author nor Publisher can be found to be in breach of this Agreement unless they have been given written notice identifying the breach and a thirty-day opportunity to cure it.
Should the Publisher default in complying with the terms of this Agreement and does not rectify such default within 30 days, all rights shall revert to the Author.
Should the Book be out of print at any time and the Publisher fails to reprint within six months, all rights granted herein shall revert to the Author. The existence of an electronic or print-on-demand edition shall not mean the Book is in print.
This Agreement may be assigned by Publisher as part of the sale or transfer of all or substantially all of Publisher’s business or is part of a merger or consolidation of Publisher with another company. This agreement may also be assigned by Publisher to any subsidiary or affiliate or any company or entity under controlled by it. The performance of the terms of this Agreement is personal to Author and may not be assigned. Otherwise, the provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties, their respective successors, legal representatives, and assigns.
This Agreement reflects the entire understanding between the parties and it may not be changed except in writing signed by both of us.
Signed:
