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Agreement Between Publisher & Translator
AGREEMENT made on [Date] by and between [Name] of [Address] hereinafter referred to as "Publisher", his or her heirs, executors, administrators, successors and assigns; and [Name] of [Address] hereinafter referred to as the "Translation", his or her heirs, executors, administrators, successors and assigns;
Concerning a book presently titled:
In consideration of the mutual covenants herein contained, the parties agree as follows:
1. Grant. In consideration of the payments hereinafter mentioned the Translator grants to the Publishers during the legal term of copyright the exclusive right of publication of the Translation or any abridgment or portion of it in all editions and forms throughout the world.
2. Delivery of manuscript. The Translator shall deliver to the Publishers, not later than [Date], two typewritten copies or computer CD-ROM in a format acceptable to the Publisher of the Translation which shall be faithful to the Work and rendered into good literary American English. Translator shall retain a copy for himself or herself.
3. Right to edit. The Publishers will not make any alterations to the Translation without the prior consent of the Translator, such consent not to be unreasonably withheld. If consent is unreasonably withheld, the Publishers may make such changes as they think fit and the Translator may withdraw his name from the Translation with such amendment to the terms of this Agreement as shall be mutually agreed.
4. Payment. The Publishers shall pay the Translator the sum of [$------] which represents payment for [--] words at the rate of [--] per thousand words, and this sum shall be payable according to the following schedule:
One-third on beginning the translation,
One-third on acceptance of the first half of the translated Work, and
One-third on acceptance of the completed translation.
5. Royalties. On all copies sold at home and abroad of the Publisher's original edition of the Translation over and above ten thousand (10,000) copies the Publishers shall pay the Translator a royalty of two percent (--%) of the list (cover) price of the copies sold, except that on all copies sold at a discount of more then (--) per cent, whether overseas or for export or for bulk sales at home or overseas the royalty shall be one percent (--%) of the net amounts received by the Publishers.
No royalties shall be paid on copies of the Translation sold at cost or less, presented to the Translator, presented in the interests of the sale of the Translation, lost through theft or damaged or destroyed by fire, water, in transit or otherwise.
6. Subsidiary rights. In the event of a sale by the Publishers of book club rights, paperback rights, serial rights, broadcasting rights or any other rights, payment to the Translator shall be ten percent (--%) of the net amounts received by the Publisher.
7. Statement of account. The Publishers shall make up the first two accounts of sales of the Translation to January first and July first following the date of first publication and the said accounts shall be delivered to the Translator and settled within three months thereafter respectively, provided however that no account need be submitted to the Translator unless specifically demanded nor payment made in respect of any period in which the sum due is less than Twenty-five (25) dollars in which case the amount will be carried forward to the next accounting date.
8. Audit. The Translator or his or her authorized representative shall have the right upon written request to examine the records of account of the Publisher in so far as they relate to the sales and receipts in respect of the Translation, which examination shall be at the cost of the Translator unless errors exceeding ten percent (--%) to his or her disadvantage shall be found, in which case the cost shall be paid by the Publisher.
9. Copyright. The Publishers undertake that the Translator's name shall appear in the frontmatter of their edition of the Translation and in all publicity material (catalogues, advertisements etc.) concerning it, and shall endeavor to ensure that proper acknowledgment to the Translator is made in review notices of the Translation, and in other editions of the Translation. The Publisher shall print the following copyright notice on the Translation: American-English language translation Copyright (c) [Date], and other such notices as are necessary to comply with copyright formalities in those countries in which Translation might reasonably be expected to be used.
10. Warranties and indemnities. The Translator guarantees to the Publishers that he or she will not introduce into the Translation any matter of an objectionable or libelous character which was not present in the original work. In reliance on such a guarantee the Publisher undertakes to hold the Translator harmless from all suits and all manner of claims and proceedings or expenses which may be taken against or incurred by them on the grounds that the Translation contains anything objectionable or libelous.
11. Translator's copies. The Publishers shall send to the Translator on publication (--) complimentary copies of the Translation. The translator shall have the right to purchase further copies at a forty percent (--%) discount for personal use but not for resale.
12. Proofreading and changes in proof. The Translator undertakes to read, check and correct the proofs of the Translation and to return them to the Publishers within fourteen (14) days of their receipt, failing which the Publishers may consider the proofs as passed for press. The cost of translation alterations and corrections made by the Translator in the proofs (other than the correction of artists', copy editors' and printers' errors) above ten percent (10%) of the original cost of composition shall be paid by the Translator.
13. Loss or damage. While proper care will be taken of the Translation, the Publisher shall not be responsible for any loss or damage to it while it is in the Publisher's possession or in the course of production or in transit.
14. Discontinuance of publication. If at any time the Publisher allows the Translation to go out of print or off the market in all editions issued by the publishers or authorized by them, and if within (--) months after receiving written notice from the Translator to do so they have not reprinted and placed on the market a new edition or authorized the same, then all rights granted under this Agreement shall forthwith and without further notice revert to the Translator without prejudice to all rights of the Publishers in respect of any contracts or negotiations properly entered into by them with any third party prior to the date of such reversion and without prejudice to any monies already paid or then due to the Translator from the Publishers.
15. Bankruptcy or liquidation. Should the Publishers at any time by themselves or through anyone acting on their behalf fail to comply with any of the clauses or conditions set forth in this Agreement within (--) months after written notice from the Translator to rectify such failure, or should the Publishers go into liquidation other than voluntary liquidation for the purpose of and immediately followed by reconstruction, then in either event all rights granted under this Agreement shall revert to the Translator forthwith and without further notice, without prejudice to all rights of the Publishers in respect of any contracts or negotiations properly entered into by them with any third party prior to the date of such reversion, without prejudice to any claim which the Translator may have for damages or otherwise and without prejudice to any monies already paid or then due to the Translator from the Publishers.
16. Modification or waiver. This agreement represents the entire contract made by the parties. Its terms cannot be modified except by a written document signed by the parties. A waiver of any breach of any form will not be construed as a continuing waiver of other breaches of the same or other provisions of the contract. If any part of this agreement is held to be illegal, void or unenforceable, this shall not affect the validity of any other part of this contract.
17. Arbitration. If any difference shall arise between the Translator and the Publishers touching the meaning of this Agreement or the rights and liabilities of the parties thereto, the same shall be referred to the arbitration of two persons (one to be named by each party) or their mutually agreed umpire, in accordance with the Rules of the American Arbitration Association; judgment on the award rendered may be entered in any court having jurisdiction thereof.
18. Interpretation. This Agreement shall be governed by and interpreted in all respects in accordance with the Law of the United States of America, state of [State].
19. Disputes-attorneys fees. In any action upon this agreement, including litigation and arbitration, the party which prevails will have all attorneys fees and costs paid by the losing party.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year as first above written at [City], [State].
Social Security #
Social Security #
This Section for Notary:
STATE OF -------)
) ss: [date]
COUNTY OF ------)
On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
[Name of Notary Public]
My commission expires: [date]