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I just wrote a book and would like to have my contract

Customer Question
overlooked JA: Since estate law varies...
I just wrote a book and would like to have my contract overlooked
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: this is for publishing not estate
JA: Has anything been filed or reported?
Customer: book publishing
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 year ago.Category: Canada Law
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Customer reply replied 1 year ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer reply replied 1 year ago
In accordance with paragraph 3 and the Assignment of Copyright in Appendix B (attached) being executed
simultaneously herewith, Publisher shall own all rights in the Work, including the worldwide copyright in
the Work and any renewals and extensions thereof.
In consideration of the mutual promises set forth in this Agreement, the parties agree as follows:
1. The Work. The Writer shall produce and deliver to Publisher (i) an original manuscript of the Work,
containing approximately three hundred and thirty-six (336) book-length pages and (ii) three (3) Quick
Guide(s), each consisting of a minimum of one thousand (1,000) words for production and publication in
accordance with paragraph 8 hereunder and set forth in the Delivery Schedule in Appendix A.
2. Publisher’s Series. It is acknowledged and agreed that the Publisher has heretofore created the concept
and other basic elements for a Series, which will include the Work, to be published under a general series
name selected by the Publisher (the “Series”). The Series and the Work and all elements thereof, including
the Series and Work titles, the Series and Work concept, and the concept of the principal elements, style
and layout, and any changes or additions to the Series made from time to time (whether or not the Writer
has suggested any part thereof) are the sole and exclusive property of the Publisher free of claim by the
Writer or anyone claiming through or on behalf of the Writer. The Writer acknowledges that the Publisher
has the sole right to assign writers to write works in or related to the Series.
3. Commissioned Work. The Writer acknowledges and agrees that the text of the Work and any
illustrations or photographs commissioned by Publisher for the Work is being specially commissioned by
the Publisher who is fully vested as sole owner of all rights therein pursuant to the applicable copyright
laws of the United States of America. In the event that the Work does not constitute such work
commissioned by and made for the Publisher within the meaning of the applicable copyright laws of the
United States of America, the Writer hereby confirms that simultaneously with the execution of this
Agreement Writer has executed an Assignment of Copyright assigning to Publisher the entire worldwide
copyright in the Work (and any renewals and extensions of copyright), and in any derivative works, and all
rights under copyright, including the exclusive right to print, publish, reproduce, display, perform, revise,
adapt, distribute and sell the Work in whole or in part, and any derivative work, and the right to license the
exercise of any such rights or to refrain from the exercise of any such rights, all in any language and in any
2
Confidential Document
form or medium now known or later developed, throughout the world. Writer waives all so-called “moral
rights” in the Work. Nothing herein shall be deemed to obligate Publisher to publish the Work.
4. Advance Against Royalties. Publisher shall pay to the Writer, as an advance against and on account of
all royalties and other sums accruing to the Writer under this Agreement for sales of the Work, in print
and/or eBook format in the United States and Canada only, the sum of Thirteen Thousand Dollars
($13,000.00), payable, in accordance with Appendix A, as follows:
Three Thousand Two Hundred and Fifty Dollars ($3,250.00) upon signing of this Agreement by
both parties;
Three Thousand Two Hundred and Fifty Dollars ($3,250.00) upon delivery and acceptance of the
Work pursuant to Stage Two in Appendix A;
Three Thousand Two Hundred and Fifty Dollars ($3,250.00) upon delivery and acceptance of the
Work pursuant to Stage Four in Appendix A;
Three Thousand Two Hundred and Fifty Dollars ($3,250.00) upon completion and review of the
Writer’s review of the complete and finished manuscript for the Work, acceptable to the Publisher pursuant
to Stage Five in Appendix A.
5. Royalties. Publisher shall pay to the Writer, or credit to the Writer’s account, the following royalties on
copies of Publisher’s print and/or eBook editions of the Work sold, distributed or otherwise made accessible
by any business means or model now known or later developed (for the purposes of this Agreement, the
foregoing transactions shall be considered “sales” or copies that are “sold”) in the United States and Canada
only, less actual returns and a reasonable reserve for returnable copies. No royalties shall be payable on
sales of the Work in derivative versions, whether in whole or in part, including, without limitation, sales of
digital content.
Royalties shall be based on the “Amount Received” which shall be defined as amounts actually received
by the Publisher, after discounts, allowances, return credits and applicable taxes, and excluding postage and
shipping costs. Royalties shall be credited at the following rates:
On the first 6,000 print and/or eBook copies: 10% of the Amount Received on copies
Customer reply replied 1 year ago
On all copies sold thereafter: 12% of the Amount Received on copies sold; and
On all copies sold at a discount at or above 61%: 5% of the Amount Received on copies sold.
6. No Royalty Copies. No royalties shall be paid on copies provided to any party at or below the cost of
manufacture, or sold below manufacturing cost as remainders, or given away for review, advertising,
sample, sales promotion, or like purpose.
7. Statements of Account. Publisher shall prepare a statement of account semi-annually, in accordance
with its regular accounting practices, as of the 31st day of March and the 30th day of September for all sixmonth
periods during which copies of the Work are sold, and shall send these statements, together with
payment of the amount due, if any, within four (4) months following the end of the period. If the Writer has
received any overpayment or is otherwise indebted to Publisher under this Agreement or any other
agreement between the parties, Publisher may deduct the amount due from any sum due or to become due
to the Writer under this or any other agreement between the parties.
8. Delivery and Acceptance of Manuscript.
(a) The Writer shall produce and deliver the manuscript for the Work (including all elements therefor) in
complete and final version in content and form satisfactory to the Publisher, in its sole editorial judgment,
and in accordance with the Publisher’s guidelines for style, formatting, content, and length. The Writer
3
Confidential Document
shall submit the manuscript for the Work in Microsoft Word file or such digital format as agreed by the
Publisher. The Writer shall submit illustrations and black and white photographs in EPS files or PDFs for
reproduction; and color (insert) photographs as JPEGs in camera-ready format.
(b) The Publisher will have the right to edit, revise, and adapt the Work as it deems necessary after
acceptance.
(c) The Writer shall inform Publisher when delivering the manuscript for the Work of any quotations or
inclusion of any textual or visual or other copyrighted material from any other source, online or otherwise,
and shall be responsible for ensuring that full permission for the use of such material is cleared worldwide
for all media and formats, it being understood that the Writer shall bear the cost of all fees for such
permissions. For the avoidance of doubt, the Writer shall deliver a wholly original, unpublished
manuscript to the Publisher. In the event that the Work includes any copyrighted material from any
other source, the Writer shall identify such material upon delivery and shall obtain any and all
permissions therefor.
(d) If the text of the Work contains a substantial portion of material taken from documents prepared and
published by the United States Government and therefore not subject to copyright, Writer shall notify the
Publisher in writing of the existence and location of all such material in the Work.
(e) The Writer agrees to revise the manuscript or any part thereof at any stage of its development including
final review of the complete manuscript in Stage Five in Appendix A and to make such revisions in a
manner as Publisher may request in order to make such manuscript acceptable to Publisher. In the event
that Writer is unable or unwilling to make such revisions that the Publisher in its sole editorial judgment
deem necessary to render the Work satisfactory for publication, the Publisher may (i) elect to hire a third
party to make the necessary revisions and charge the costs thereof against payments due to the Writer under
this Agreement; or (ii) elect to terminate the Agreement subject to paragraph 11 hereunder.
9. Credit.
(a) Publisher shall have the right but not the obligation to acknowledge Writer’s participation in preparation
of the Work, and Publisher may use the name and/or likeness of Writer in connection with the sale, license,
and promotion thereof at Publisher’s discretion. It is understood, however, that the Publisher shall credit
the Writer on the US print version of the Work. Notwithstanding the foregoing, if the Publisher undertakes
to credit the Writer in any version or format of the Work, the Publisher shall have no obligation to credit
the Writer on any other version or format of the Work.
(b) Publisher may use, or permit others to use, the Writer’s name and the likeness of the Writer, the title of
the Work, and selections from the Work in advertising, promotion and publicity related to the publication
and/or licensing of the Work, including broadcast, without charge, by radio, television or cable, or
distribution via any form of electronic transmission, including online or satellite-based data transmission.
Likewise, the Writer may use the same portions of the Work that Publisher makes available for promotional
use, provided that such use carries the current copyright notice, a credit line to Publisher, and, whenever
possible, a link to Publisher’s websi
Answered in 31 minutes by:
10/5/2016
Lawyer: Debra, Lawyer replied 1 year ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,554
Experience: Lawyer
Verified

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 1 year ago

What is your specific question?

Thanks

Ask Your Own Canada Law Question
Customer reply replied 1 year ago
I wanted to see if there is something that this contract could be missing to protect my rights as the writer and am a little confused about the international part and whether I will still be given credit
Lawyer: Debra, Lawyer replied 1 year ago

We can only give general information and not advice.

And this is very important and so you should have independent legal advice.

I cannot advise on what should be in the contract but I can answer your question about what the international part means.

It does sound that you would not receive royalties on any sales outside of Canada or the US which doesn't make any sense to me so I can see why you are confused.

Your next best step, is to see an intellectual property rights lawyer face to face.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Ask Your Own Canada Law Question
Lawyer: Debra, Lawyer replied 1 year ago

Is there anything more I can help you with at this point in time?

Ask Your Own Canada Law Question
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Debra
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