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Grand Horizons Inc. Publisher Association February 17, 2015 Mr. Frank Willington Dominium Legal Bureau 13 Dawning Street Redmond, WA 03652 Dear Mr. Willington: SUBJECT: NEW PUBLISHING CONTRACT OUTGOING NO. 0039 / 30. 10. 04 First of all, I would like to heartily thank you for our successful collaboration. Your services, legal advises and consultations are invaluable for us, but especially priceless thing is that we always receive them on time and from people with high qualification and huge experience. Every time it is a great pleasure for me to visit your office and have face-to-face talks with you, Mr.
Willington, or your colleagues. In our Association we all sincerely appreciate your help and support. Now I am addressing to you with the following request. Recently our Publishing Committee accepted for issuing a brand new manuscript of a famous publicist, doctor of economy and marketing from University of Utah, Mr.
Bennett Toft. The title of the book is Bonus! How to Meet and Beat Your Sales Targets Year after Year, a Guide to Successful Sales. Nowadays literature of such topic is in a great demand in the market, besides, the style of writing is popular, language is flexible, but simple, and the book is easy to comprehend. That is why we hope for the success of it and count for a number of its additional editions. But the point of our concern is the contract with the writer.
We would like to improve the present form of the contract we use, that is why I kindly ask you to draft a new, more detailed contract for us and present for our consideration as soon as possible. I definitely and fully rely on your own vision and understanding of the necessary clauses to be included in such contract, but, in any way, I would like to list the issues which we suppose to be obligatory existing in it. With my colleagues we stipulated and listed 10 articles, which we would like to include into the contract, as the following: publishing rights (1), Authors warranty (2), manuscript and terms of delivery (3), issues of copyright (4), advances and royalties (5), free Authors copies (6), grants of subsidiary right (7), terms of royalties (8), validity of contract (9) and signatures (10). Each article must be vigilantly detailed, my recommendations on that point are stated below. If you consider it is necessary to add some other articles or clauses into the contract, we can discuss your suggestions at any convenient time by phone or at the personal meeting. In the article (1) we would like to stipulate the issue of rights, saying that the Author gives us a right to publish and sell his book of approximately 20, 000 words and 200 pictures in text or electronic (CD, downloads, all related formats, including motion rights) formats.
In case of problems in our Association (like liquidation or bankruptcy), the Author can terminate this contract during 30 days and receive back the rights for his work. The article (2) must include the following warranties of the Author: (i) he guarantees that he is the only owner of his work and the work is original; (ii) the work contains no material, prohibited or banned by legislation of the USA and Canada; (iii) the work does not infringe the rights and interests of any third party; (iv) the work is not in the public domain. In case if previous publishing of the work took place, the Author guarantees that he received the right for the work back from the publishing institution. In such case the Author must prove the reversion of the rights from the other publishing company by granting of proper documents. In the article (3) we must stipulate: (i) the date of delivery of the manuscript by the Author to our office (the exact date will be announced later on); (ii) the necessity of maintaining of backup copies of the work by Author; (iii) we would like to keep the right of final approval on the last submissions of the work, with notification of the Author in such case within 30 days; (iv) we would like to keep the right of editing the work: in case of necessity we are ready to let the Author know and to hire an editor to make some editions in the work; if the Author wishes, he may participate and give his personal approval for those editions, offered by hired editor. In the article (4) we would like to state that all the obligations on registration of copyright are on the Author.
Copyright will remain the Authors property and we will copyright the work on his and only his name. We will require a copy of the Copyright Certificate. The article (5) must include the following moments: (i) we will not do any preliminary payment to the Author; (ii) we will not pay royalty for Authors free copies and for the copies for promotion and marketing purposes; (iii) the amount of royalty paid will differ according to the type of format (text and electronic), we are ready to pay it in Canadian dollars in the following amounts: for text formats - % 50 of the retail price for the first 5, 000 copies of the book, and % 12 for the rest of the edition; for electronic format - % 40 of the download price of each copy. The terms of payments will be stipulated in details later on: probably, we will be paying every quarter by electronic funds transfer. We will finalize the exact procedure of payment in a few days. In the article (6) we need to state that we will grant 20 free copies of the text book edition for the Author, besides, we can offer % 20 of discount of the retail price for him to purchase some more copies of his book for his own promotional or private purposes.
By the article (7) we would like to receive the following financial rights from the Author: (i) for first serial rights we would like to receive % 50 of total revenues; (ii) for translation right we would like to receive % 80 of net revenues; (iii) for quotation and other related sort of reproduction of the work we will receive % 90 of our net revenues. The rest will be granted to the Author. The article (8) must contain the information that we do not take obligations to publish the other works of the Author. Nevertheless, we are ready to give 30 days of review period for the Author in case if we consider the revision necessary for our acceptance for publication of the other works of the Author. The article (9) must stipulate that the Contract is valid since the date of its signing by all the Parties and during one year from date of publishing of the first edition of the book. The Contract can be prolonged or renewed by mutual agreement of the Parties for a stipulated period of time.
As to termination, it can be made by any of the Parties with a written notification, which must be sent to the other Party by any certified delivery. In 30 days after the date of such sending the Contract is considered to be terminated. The closing article (10) must include requisites of our Association, the Author and the witnesses (one witness for one Party), the date of signing of the Contract, the names and the signatures of the representatives. Those are our requirements. Please, Mr. Willington, feel free to add more necessary details or clauses at your discretion.
As soon as the draft is ready, contact me immediately and we will consider it together with you and my colleagues. Thank you very much beforehand. Sincerely, Steven Parkinson General Manager GRAND HORIZONS Inc. 12567 Rainbow street Redmond, WA PHONE (564) 456 - 7890 FAX (564) 456 - 7890
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