Professional Documents
Culture Documents
CUTTLEFISH JOE.
The WHYALLA WRITERS GROUP invites
submissions for stories and illustrations for
future editions of the TALES OF
CUTTLEFISH JOE series.
MEMORANDUN OF AGREEMENT.
Made on this
day of
20
between
Of
4.1 Paperback original; 7.5% of the retail price to be shared equally between the Author,
the Photographer and the Illustrator.
4.2 Small Runs. In the event of the Publisher publishing a small-run edition of less than
500 copies, the royalty for that edition shall be negotiated separately to the satisfaction of
all parties.
4.3 Discount sales. On all copies sold in Australia or New Zealand in bulk to book clubs,
book fairs or special sale organizations at a discount of 50% or more from the
recommended retail price, then the royalty shall be 50% of the royalty in 4.1.
4.4 Manufactured for customer. On all copies manufactured for a customer by the
Publisher at a special sale price that is inclusive of royalty, the royalty shall be negotiated.
5/ SUBSIDIARY RIGHTS. The Author, Photographer, Illustrator grant to the Publisher
exclusive licence of the subsidiary rights listed below during the term of this agreement,
and the Publisher undertakes to pay the Author, Photographer, Illustrator the following
percentages of the sums received by the Publisher in respect of such works. Where the
work consists of text, photographs and illustrations which are respectively the work of
different persons, these percentages shall be divided equally. Where only text,
photographs or illustrations are exploited singly, then the full percentage shall be paid to
the Author, Photographer or Illustrator as the case may be. There shall be negotiation as
to percentage split in cases where some use of either category of right is utilized. In all
cases the Publisher shall receive the first figure indicated.
5.1 First Serial Rights: 50-50. (That is 50% to Publisher, and the remaining 50% divided
equally between Author, Photographer, and Illustrator as appropriate.)
5.2 Dramatisation and Documentary Rights (Stage, cinema and film, digital transmission
and delivery, cable and satellite transmission.): 50-50.
5.3 Television Dramatisation and Sound Broadcasting Rights: 50-50.
5.4 Television Dramatisation and Sound Broadcasting Rights involving only broadcast of
straight readings of the text and or artistic works in conjunction with such readings:
Publisher 25%. Author 50%- Illustrator/Photographer 25%.
5.5 Translation Rights. (Being the right to licence the work including text and illustrations
in any territory in a language other than English.): 50-50.
5.6 Book Club Rights, or where the transaction is on the basis of a separate royalty
agreement: 50-50.
5.7 Anthology and Quotation Rights: 50-50.
5.8 Digest and Single Issue Rights (Being the right to produce a once off abridgement
of the text, photographs or illustrations, or the complete work in a single edition of another
publication.): 50-50.
5.9 Electronic Books and Display Rights (Making available to the public the work for use
by the public for reading by any Electronic Media.): 50-50.
5.10 Electronic Version Rights (Being the right to produce or licence the publication of a
version of the work that includes the work in a complete or abridged version in any manner
with accompanying sound and other images and words for any Electronic Media: 50-50.
Note: Electronic Media includes, but is not confined to, all forms of electronic, magnetic,
digital, laser-based information storage, and computer disc, optical disc, ROM, DVD, CDROM interactive software, card, chip, on-line electronic or satellite based date
transmission media and other systems and other devices or mediums for the electronic
reproduction, publication, distribution or transmission, whether now or hereafter known or
developed.
5.11 Strip Cartoon Rights: 50-50.
5.12 Mechanical Reproduction Rights (Being the rights in respect of reproduction of the
words, photographs or illustrations or any part thereof by reproductive means,
xerography, film micrography, sound or copying in any form whether now or hereafter
developed): 50-50.
5.13 Takeover Rights. (Being the publication of the work by a third party publisher after
entering into an agreement with the third party publisher for production of an edition of
the work.): 50-50.
5. 14. The Publisher undertakes to use his best efforts to collect all amounts due for
reproduction of the text, photographs and illustrations or any part thereof from the said
work under Section 53b of the Copyright Act 1968 (as amended) and agrees to pay the
Author, Photographer and Illustrator 50% of all amounts received.
The Author, Photographer and Illustrator agree that the Publisher may appoint the
Copyright Agency Limited (CAL) or a similar organization as agent for the collection of
fees from photocopying as above.
6/ COPYRIGHT. The Publisher undertakes that the name of the Author, Photographer
and Illustrator shall appear on the title page and on the cover or binding or jacket of every
edition.
In compliance with the provisions of the Universal Copyright Convention the form shall
be, for example only:
Illustrations, copyright 2016*, Stephen Stanley.
*indicating year of first publication.
If the Publisher considers that the copyright or any one or more of his exclusive licences
involving the text, photographs or illustrations has been infringed, and the Author,
is willing to take joint action with the Publisher in respect of any infringement of copyright
then he/she shall agree to share the costs, then if any sum is recovered by way of
damages the balance after any costs shall be equally shared between Publisher, Author,
Photographer and Illustrator who took part in the action.
7/ FREE COPIES. The Author, Photographer and Illustrator shall not receive from the
Publisher, free copies of any paperback or other edition of the work from a print-run of
less than 500 copies. If a print-run is 500 copies or more, then he/she shall receive six
free copies. The Author, Photographer and Illustrator however shall have the right to
purchase five copies of any edition at the cost price and further copies at the wholesale
price for personal use but not for re-sale.
8/ BRAILLE. The Publisher shall be entitled to authorize free of charge, transcriptions of
the work into Braille and or recordings of the work as a talking book for the noncommercial use of the blind and or handicapped persons.
All other rights other than those listed herein specifically granted to the Publisher are
hereby reserved to and by the Author, Photographer and Illustrator. Should a
disagreement or issue occur between Stephen Stanley as Publisher and Stephen Stanley
as Illustrator, then a suitable third party shall be appointed to resolve the matter.
9/ REVERSION OF RIGHTS. If at any time after the date of first publication the work is
allowed by the Publisher to go out of print and not be available in any edition published
or licenced by the Publisher, and the Publisher fails to put in hand a new edition within
six months of having received a written request from the Author, Photographer or
Illustrator to do so, then all rights conveyed in this Agreement shall revert to the Author,
Photographer or Illustrator as appropriate without further notice, without prejudice to any
rights of the Publisher and any third party, in respect of any agreements properly entered
into by the Publisher hereunder with any such party.
10/ If any difference shall arise between the Publisher and the Author, Photographer or
Illustrator touching the meaning of this Agreement or the rights and liabilities of the parties
thereto, the same shall be referred to the arbitration of up to four persons (one to be
named by each party) or their umpire, in accordance with the provisions of the Arbitration
Act, or any statutory modifications or re-enactment thereof for the time being in force.
11/ NOTICES. Notices hereunder may be sent by pre-paid post addressed to the address
of the party to be served stated herein or last known to the party serving the notice and,
if so sent, shall be deemed to have arrived in due course of post.
12/ It shall be agreed that the Author, Photographer and Illustrator (if they are different
persons) shall be obliged to purchase five copies of the first edition of the book at cost
price, prior to publication.
13/ LAW. This Agreement shall be governed by and constructed in accordance with the
laws of South Australia.