FantasyRomances - Author Agreement
FantasyRomances has created this privacy statement in order to demonstrate our firm commitment to privacy.
The following discloses the information gathering and dissemination practices for this Web site: FantasyRomances
I. Publishing Rights.
The Author agrees to grant FantasyRomances ("the Publisher") the exclusive right to publish and sell _______________________ ("the Work") in the following formats: electronic (download, disk, CD, e-book reader, and any other digital format known or unknown), print (paperback), audio, screen play, TV, and film. Any other rights not specifically granted to the Publisher are reserved by the Author.
II. Author Warranties.
The Author warrants that s/he is the author and sole owner of the Work, or has been assigned such rights; that it is original, containing no unlawful matter and does not violate the rights of a third party; that the Author has full power to grant the rights detailed in this contract to the Publisher. The Author further warrants that the material submitted has never been published in any format by any publishing company that may still own proprietary rights. The Author agrees to hold the Publisher harmless and indemnify it from all reasonable damages, costs and expenses resulting from any judgments or legal actions incurred by the Author or arising from a breach of the above warranties.
III. Copyright.
Author warrants that the Work is not currently in the public domain. If copyright has been registered, a photocopy of the registration should be submitted to the Publisher. If the copyright has not been registered, FantasyRomances shall be listed as the publisher of record. The Publisher shall, to the best of its ability, ensure that copyright notices appear in accordance with U.S. Copyright Law, showing the Author (or duly assigned representative or entity) as the owner and holder of the copyright.
IV. ISBN.
The Publisher will obtain ISBNs (International Standard Book Numbers) for the Work, and will use the ISBN as part of the formal identification of the Work.
V. Royalties.
The Publisher reserves the right to set and change the retail price of the Work.
On or about the first day of each month royalties will be paid and a written report of sales shall be provided, as well as any further reasonable information requested by the Author, on a monthly basis to the Author (or Author's duly assigned representative or estate). The Publisher shall generate an annual 1099 Misc. Income Form reflecting royalty payment for the calendar year, unless the Author's royalties are under $400.00 in which case the royalty statements are sufficient documentation for Author's tax purposes. The Author shall provide the Publisher with current information as required when requested (e.g. address, social security number) for such purposes.
The Publisher shall pay the Author royalties in the amount of 50% of the sale price for electronic copies of the Work ordered through the Publisher's website, and 25% of print prices. All other publication by an outside source that is the result of the Publisher's work and promotion will entitle the Publisher to a 15% agent's fee.
Further, when art work is required, an artist will be retained on a royalty basis. That royalty, up to but not exceeding 10% of the sale price, will be deducted from the Author's royalty fee.
The Publisher shall pay the Author royalties in the amount of 50% of the profits from sales of electronic copies through other distributors, and 25% of print profits minus any Artist's compensation, not to exceed 10% of the sale price.
Neither the Author nor the Artist will receive royalties for review and promotional copies of a Work distributed free of charge.
VI. Term of Contract.
This contract shall be in force from the date of the contract until two full years from the release date of the Work. Unless terminated in writing, 90 days prior to expiration, by the Publisher or Author, the contract shall be renewed automatically on the day prior to its anniversary date.
VII. Right of First Refusal.
The Author of the Work grants limited right of first refusal for any future manuscripts that fall within the romance genre to be published in electronic format. The Publisher shall notify the Author within fourteen days of receipt of manuscript if they do not wish to publish the book.
VIII. Name and Trademark.
The Publisher shall have the non-exclusive right to use the Author's name, likeness, and biographical material for the purpose of publishing, advertising and promoting the Work, its title and all material (including characters in the Work) in connection with merchandise. The Author retains all right to characters, series titles or trademarks.
Upon seeking Publisher's prior written consent, the Author may use the name and logo of FantasyRomances, as well as the cover illustration of the Work, in promotional material. The Author does not retain rights to the Publisher's mark or cover illustration; use of the copyrighted illustration by other publishers (e.g. for releases of the Work in different formats through different Publishers) will require written permission and probable remuneration.
IX. Promotion.
The Publisher shall make every effort to maintain an attractive, functional and up-to-date website, but will not be liable for site downtime or interrupted transmissions.
The Author will provide the Publisher with publicity material (bio, photo, suggested blurb) which may, at the discretion of the Publisher, be used for promotional purposes on the website, as part of the Work, or in promotional literature.
A cover illustration and other graphics will be provided by the Publisher. If the Author has produced or commissioned an illustration(s) prior to this agreement, it may be used pending review by the Publisher and an agreement with the Artist and/or copyright holder. Though the Author will have input, final illustration selection(s) is at the discretion of the Publisher.
The Publisher will supply an electronic copy of the published Work, as well as access codes for on-line reading; such access is expressly for the Author's use and may not be shared nor disclosed to any third party.
Promotional literature generated by the Author must be approved by the Publisher.
The Publisher will actively promote the Work through the website and other promotional venues, both on- and off-line.
The Publisher will from time to time provide copies of the Work for critical review and/or promotional purposes.
The Author may use an excerpt of reasonable, mutually agreeable length (e.g. one chapter or 3,000 words) from the final draft as a teaser. This excerpt may be used on the Author's website, on disks or literature distributed by the Author, or other promotional venues. A link (or printed URL) to the FantasyRomances website must be included.
X. Audits.
The Author may, on reasonable notice, examine or cause to be examined the Publisher's records relating to the Work. Such examinations shall be at the Author's expense.
XI. Disputes
If a dispute over The Work should arise between The Author and The Publisher, the parties agree to attempt to resolve the dispute by seeking Alternative Dispute Resolution prior to taking any legal action in The Courts.
The Author and The Publisher agree to abide by any decision given by Alternative Dispute Resolution.