Book Publication Agreement

________________________, hereinafter referred to as the “AUTHOR,” and ________________________, hereinafter referred to as the “PUBLISHER,” hereby agree as follows:

Title and Content of Work

The AUTHOR agrees to prepare and deliver to the PUBLISHER a complete manuscript for a book tentatively titled: _________________________, with the understanding that the title may be changed by mutual agreement. The AUTHOR shall not unreasonably withhold consent to such a change.

The AUTHOR shall submit two complete copies of the manuscript, typed double-spaced on 8.5″ x 11″ paper. If available, an IBM-PC compatible ASCII format disk shall also be provided. The manuscript shall be approximately _______ words in length and, including illustrations and supplementary materials, shall not exceed ______ printed pages.

The final manuscript shall be delivered no later than __________________________.

The AUTHOR warrants that the manuscript is the AUTHOR’s original work and does not violate any existing copyrights or agreements. If any third-party copyrighted material is included, the AUTHOR must clearly identify such content and provide documentation satisfactory to the PUBLISHER confirming that the necessary permissions have been obtained or that such use constitutes fair use under copyright law. If the work includes material created by the United States Government, it shall also be clearly identified.

The PUBLISHER reserves the right to make reasonable editorial changes based on sound business judgment. The AUTHOR shall promptly respond with either agreement or disagreement. If the parties are unable to reach a resolution regarding such edits, the PUBLISHER may consider the disagreement a voluntary termination by the AUTHOR and will proceed under the terms outlined in the section on Involuntary Termination.

Voluntary Termination

The PUBLISHER reserves the right to cease publication if, in its reasonable business judgment, continuation is no longer viable. If no edition of the work is being actively offered for sale—either by the PUBLISHER or its authorized licensees—the AUTHOR may request re-publication in writing. If the PUBLISHER does not agree to republish within six months or fails to do so within one year from the date of request, the rights to the work shall revert to the AUTHOR. However, any rights previously contracted shall remain in effect.

Involuntary Termination

If the agreement is terminated involuntarily, the PUBLISHER may treat it as a breach of contract and pursue one or more of the following options:

(a) As liquidated damages (not a penalty), the AUTHOR shall repay any advance received within 15 days of notification, as precise damages would be difficult to determine;

(b) The PUBLISHER may, in accordance with reasonable business practices, impose correction costs on the AUTHOR either as a flat fee or by deducting a percentage from future royalties.

Royalties

The AUTHOR shall be entitled to the following royalty percentages of the PUBLISHER’s net receipts:

(a) ____% for sales within the United States, excluding book club sales;

(b) ____% for sales directly by the PUBLISHER via mail or phone orders;

(c) ____% for revenues received through licensing or assigning rights to third parties;

(d) ____% for sales made outside the United States;

(e) ____% for income derived from the sale of serialization, film, or television rights;

(f) ____% for any other forms of sales not specifically outlined above.

No royalty payment shall be due for:

(a) Nonprofit publication of the work or derivative editions (e.g., Braille or accessible formats for the physically challenged);

(b) Promotional copies or excerpts provided by the PUBLISHER for publicity purposes.

The PUBLISHER shall provide quarterly royalty statements and payments, within 30 days of each quarter’s end. The PUBLISHER may withhold a reasonable reserve against potential returns. The AUTHOR or their representative may, upon reasonable prior notice, inspect relevant records. Statements shall be deemed final unless disputed or audited within one year. In the event of a dispute, both parties shall appoint a disinterested certified public accountant (CPA) to conduct an audit. Each side may submit documentation or argument. The CPA’s decision shall be final and enforceable. Audit costs shall be borne by the prevailing party. If a disinterested CPA cannot be agreed upon, each party shall appoint one CPA, who shall together appoint a third. The panel shall then select a single disinterested CPA. Costs for appointing the panel shall be split equally between the parties.

Any amounts owed by the AUTHOR to the PUBLISHER for any reason may be offset against royalties due.

Author’s Copies

The PUBLISHER shall provide ____ complimentary copies of the published work to the AUTHOR. Additional copies may be purchased by the AUTHOR for personal, non-resale use at a 50% discount from the listed retail price.

Copyright

After publication, the PUBLISHER shall register the copyright for the work, at its own expense, in the name of the AUTHOR and as the AUTHOR’s agent.

Dated: ____________________

________________________By Author. Social Security Number: ________________.

_______________ By Publisher

Book Publication Agreement

How to Use This Sample Format

This section is provided to help you understand and properly utilize the enclosed Book Publication Agreement. This sample format can also be adapted for other types of authoring projects such as software, magazine articles, and similar works. In some cases, you may prefer to substitute a one-time payment for the royalty provisions of this agreement. At Simply Media, we often use such lump-sum payments to avoid overly optimistic expectations about royalty income and to resolve the matter conclusively from the publisher’s perspective. This is a business decision left entirely to your discretion.

Be sure to make multiple copies of the agreement. Provide one to the AUTHOR, retain one in the project or AUTHOR file, and store another in a master file for all publication agreements.