Sample Book Publishing Contract

Book Publishing Contract

The following book publishing contract is the general template your contract will follow. Please understand that when when you publish your book with Black Lotus Books, the exact conditions of your contract may vary. You will have the opportunity to negotiate the terms of your contract. We welcome you to read this contract, and to learn your rights as an author. We believe you will find that our contract vastly favors the rights of the authors compared to similar agreements within the publishing industry.

Introduction

This book publishing contract, hereafter referred to as the “Contract”, is entered into as of the Contract’s date of signing by Black Lotus Books L.L.C, hereafter referred to as Black Lotus Books, and (Author Name). This Contract governs the publication of (Book Title), hereafter referred to as the “Manuscript”, or “the Book”. (Book Title) is a book of approximately _______ words. (Book Title) is considered a work of taboo romance/erotica/fantasy.

Grant of Rights

(Author Name) grants Black Lotus Books the exclusive right and title to the following, for a period of no less than 6 years from the date of (Book Title)’s publication date:

  • The right to publish, sell, and profit from (Book Title) in English language paperback books, hardcover books, digital books “eBooks”, and audio format “Adudiobook”, in whichever way Black Lotus Books sees fit;
  • To use (Book Title) in electronic and print forms, including re-printings;
  • To use (Book Title) in any genre-related collections or compilations;

These rights are granted by (Author Name) on behalf of herself/himself and his/her successors, heirs, executors, and any other party who may attempt to lay claim to these rights at any point now or in the future. Any rights not granted to Black Lotus Books above, shall remain with (Author Name), including the copyrights to (Book Title), and all subsidiary rights, including foreign language rights, film, television, theatrical adaptation, animation “cartoon”, radio, comic book, and merchandising rights. Any subsequent books in (Book Title)’s series, shall remain the intellectual property of (Author Name).

Should (Author Name) wish to publish a subsequent book in the same Series with another publishing company, (Author Name) must wait to do so until the 6-year term of this Contract is complete. The rights granted to Black Lotus Books by (Author Name) shall not be constrained by geographic territories and are considered global in nature.

Exclusivity and First Option to Publish

Black Lotus Books requests that upon signing the Contract, (Author Name) not sign a book publishing contract with any other book publishing company for a period of _________ years from the date of this Contract’s signing, unless the book in question belongs to a genre other than taboo romance, taboo erotica, and or taboo fantasy.

Black Lotus Books requests that upon signing the Contract, (Author Name) provide Black Lotus Books with the first option to publish any other books written by (Author Name) within the taboo romance, taboo erotica, and taboo fantasy or dark fantasy genres. Should Black Lotus Books choose not to accept said books for publication, (Author Name) shall have the right to self-publish the books in question, or to seek a book publishing contract with another publisher.

Should (Author Name) seek to publish a romance, erotica, or fantasy book that contains a large amount of taboo content with another publisher, without offering the book for publication with Black Lotus Books, it shall be considered a breach of contract.

Non-Compete

Black Lotus Books requests that for the duration of the Contract, and for a period of 3 years after, (Author Name) will not directly or indirectly engage in any business that competes with Black Lotus Books, to include the establishment of a competing publishing company or online bookstore. (Author Name) agrees that this non-compete agreement will not adversely affect her livelihood.

Confidentiality

(Author Name) will not at any time or in any manner, either directly or indirectly, use for the personal benefit of (Author Name), or divulge, disclose, or communicate in any manner any information that is proprietary to Black Lotus Books. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential. (Author Name) will protect such information and treat it as strictly confidential. The obligation of (Author Name) not to disclose confidential information shall continue indefinitely after the effective date of this Contract’s signing.

Black Lotus Books has attempted to limit the non-compete provision so that it applies only to the extent necessary to protect legitimate business and property interests. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

It is agreed that if (Author Name) violates the terms of the Non-Compete and Confidentiality clauses of this Contract, irreparable harm will occur, and monetary damages will be insufficient to compensate Black Lotus Books. Therefore, Black Lotus Books will be entitled to seek injunctive relief (i.e., a court order that requires (Author Name) to comply with this Contract) to enforce the terms of this Contract. The prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing this Agreement.

Author Compensation

Black Lotus Books agrees to pay (Author Name) the following percentage of (Book Title)’s net sales, “Royalties”:

  • For each digital copy, “eBook” of the (Book Title) sold, (Author Name) shall receive (____%) of the eBook’s net sales.
  • For each audio copy, “Audiobook”, of (Book Title) sold, (Author Name) shall receive (___%) of the Audiobook’s net sales.
  • For each print version of (Book Title) sold, either in hard-cover or paperback form, (Author Name) shall receive (___%) of the print Book’s net sales.


This payment structure shall apply to Books sold at both the cover price and discounted price. Black Lotus Books will make all effort to sell (Book Title) at a fair market-value price.

Payment Schedule

(Author Name) will be paid his/her royalties on quarterly basis. The quarters shall be based on the calendar year. Black Lotus Books shall send (Author Name)’s payment via PayPal, within seven business days of the closing of the month.

Black Lotus Books will make every effort to provide detailed sales and analysis information concerning (Book Title) with each payment.

Waving of Employee Rights

(Author Name) certifies and acknowledges she is an independent contractor for all purposes related to Payment, and that compensation in the form of a percentage of net Royalties does not equate to employment status with Black Lotus Books.

Black Lotus Books shall make no tax withholding from (Author Name)’s Payment. (Author Name) is not entitled to receive any employment benefits, including without limitation: vacation pay, sick leave, retirement benefits, Social Security, Workers’ Compensation, disability or unemployment benefits as a result of the Payment or this Contract.

At Black Lotus Books’ request, (Author Name) shall provide such documents and information as Black Lotus Books may reasonably require to comply with reporting requirements of various governmental taxing entities regarding the payment of royalties.

Should (Author Name) receive $600 in royalty payments or more during the calendar year, Black Lotus Books will require information from (Author Name) as is necessary to comply with federal tax law. It will be (Author Name)’s responsibility to report her own income as required by state and federal law.

Author Copies

For the rights granted above, in addition to fees paid (if applicable), (Author Name) will receive one copy of (Book Title) in whichever medium they are published, by Black Lotus Books, within 30 days in the case of electronic files, and within 60 days in the case of print versions. (Author Name) may purchase additional copies of the published Book at a reduced rate of 75% off of (Book Title)’s cover price. (Author Name) will be responsible for paying any applicable shipping and taxes on the cost of (Book Title).

Manuscript Completion Requirements

(Author Name) agrees to deliver the completed Manuscript of (Book Title) to Black Lotus Books, no later than ____________. The Manuscript may be delivered in .doc, .docx. or .pdf form.

Additionally, (Author Name) shall deliver all artwork, prefaces, references, acknowledgements, and other “frontmatter’ or “backmatter” to Black Lotus Books by ________________. Should Black Lotus Books deem any delivered material to be unacceptable for any reason, (Author Name) shall be granted a period of 14 days to correct such defects. If (Author Name) fails to correct the defects in the time granted, Black Lotus Books reserves the right to cancel this Contract with cause.

Publication

Black Lotus Books agrees to provide page proofs of (Book Title) to (Author Name) prior to publication. These proofs shall include all content, including artwork. (Author Name) agrees to review and return these proofs to Black Lotus Books within 30 days of receipt.

Should (Author Name) approve the material for publication, Black Lotus books shall make all effort to do so within 30 days of receiving the approved materials. Should (Author Name) not approve said materials, Black Lotus Books will take (Author Name)’ recommendations into consideration. Black Lotus Books will not publish (Book Title) without (Author Name)’ approval.

However, should (Author Name) disapprove the final version of (Book Title), Black Lotus Books will be under no obligation to publish to publish the Book, and shall be entitled to recover partial editing costs, in the amount of $____________ USD, and any future costs of commissioned artwork, and these will be the only costs (Author Name) shall be required to repay. In the event (Author Name) should be required to repay the cost of commissioned artwork, Black Lotus Books will provide (Author Name) with the receipt of payment for artwork.

Marketing

Black Lotus Books agrees to consult with (Author Name) regarding marketing (Book Title), but reserves the right to make final decisions regarding the sale and marketing of (Book Title).

(Author Name) grants Black Lotus Books the right to use his/her name, image, likeness, and biographical material for all advertising, promotion and other exploitation of (Book Title). Black Lotus Books may use part or all of (Book Title) on its website or in promotional materials to promote (Book Title).

(Author Name)’s name, biography, and likeness may be listed on one or more of Black Lotus Books’ websites, or social media accounts, or third-party vendors, to promote (Book Title). (Author Name) will responsible for providing this information to Black Lotus Books and verifying its accuracy.

Black Lotus Books may have artwork commissioned based on the Manuscript to represent (Book Title) in the publication, as well as for promotional purposes. The rights to these images, their use, sale, and disposition will remain with Black Lotus Books.

Copyright

Black Lotus Books shall include a copyright notice which includes (Author Name)’s name, on all published copies of (Book Title) in accordance with United States copyright regulations.

Warranties & Indemnity

(Author Name) warrants that (Book Title) governed by this Contract is his/her sole intellectual property, that no other similar agreements governing this Book exist, and that (Book Title) is not in the public domain.

Additionally, (Author Name) warrants that (Book Title) does not infringe on the copyrights, trademarks, or other intellectual rights of any third-parties. If (Book Title) contains written statements presented as fact, (Author Name) warrants that such statements are true and accurate.

(Author Name) agrees to hold Black Lotus Books harmless and indemnify it from all damages, costs, and expenses directly resulting from a finally sustained judgement relating to any legal actions incurred by (Author Name) arising from a breach of the above warranties.

Author’s Right to Cancel

Should (Author Name) deem that Black Lotus Books has failed to uphold the terms of this Contract, (Author Name) shall notify Black Lotus Books in writing, and grant Black Lotus Books a minimum of 90 days to correct such shortcomings. If Black Lotus Books fails to adequately address the issues presented, (Author Name) shall have the right to cancel this Contract and seek to establish a publication relationship with another publisher.

Publisher’s Right to Cancel

Should Black Lotus Books deem (Author Name) has failed to uphold the terms of this Contract, Black Lotus Books shall notify (Author Name) in writing, and grant (Author Name) a minimum of 90 days to correct such shortcomings. If (Author Name) fails to adequately address the issues presented, Black Lotus Books shall have the right to cancel this Contract.

Should either party cancel this Contract, all rights granted to Black Lotus Books shall revert to (Author Name).

General Terms

This Contact represents the entire agreement between Black Lotus Books and (Author Name). This contract may not be altered, amended, or otherwise modified except through written form requiring hand-written signature by both parties.

Should multiple individuals be considered contributing authors to this Book, each of those individuals shall be liable for adhering to the terms of this contract.

Black Lotus Books and (Author Name) shall be granted an extension on any time-sensitive duties related to this Contract should circumstances beyond their control interfere with their ability to execute their contractual obligations.

All notices related to this contract shall be delivered via certified mail or electronic mail. This Contract shall be considered legally binding upon both parties, heirs, partners, associates, subsidiaries, successors, executors, and licensees.

This Contract shall be governed by the laws of Wyoming, United States of America. Any disputes related to this contract shall be resolved through binding neutral arbitration.

If either party is unable to physically sign the Contract, then by typing their names below, (Author Name) and Black Lotus Books agree to electronic signatures of this Contract, and further consent to be bound by its terms and conditions as if the Contract had been manually signed. (Author Name) further warrants that no certification authority or third-party verification is necessary to validate their electronic signature.

Acceptance

THEREFORE, having read and understood the terms of this Contract, Black Lotus Books L.L.C. and (Author Name) (or their authorized representatives) hereby execute and enter into this Contract with one another as of the dates below:

Black Lotus Books

___________

Date: ________________

(Author Name)

______________________

Author

Date: ____________________

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