IPMG: Sample Author/Agent Contract |
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Disclaimer: This is only a sample contract;
fully executed contracts with current Intellectual Property Management Group
members and their respective clients have been modified or enhanced for each
client's unique contractual needs. Dear [Name of Author]: On the following terms, we hereby
propose to act as your agent to see publication of your book and works
derived from it, currently titled All Time Bestseller and referred to within
this entire contract hereinafter as the "Property." 1. EXCLUSIVE AGENT: Intellectual Property Management
Group, and its associated subsidiaries, (referred to within this entire
contract hereinafter as "we," "our," or "us")
will be your exclusive agent for the Property and any sequels to it (works on
the same subject as the Property, making use of the same themes and written
for the same market) for an indefinite period beginning today, [mm/dd/yyyy].
However, we will be entitled to commissions beyond termination according to
paragraph 5 below. 2.
TERMINATION: This agreement can and will be terminated by either party upon mailing
a written 30-day notice to terminate to the other party. However, We will be
entitled to commissions beyond termination according to paragraph 5 below. 3.
REASONABLE EFFORTS: We will make every reasonable effort to obtain the best possible offer
for the Property. We will report to you immediately any offer that we obtain,
and will generally keep you informed of our activities under this contract. 4.
AUTHORITY: Any
offer that we may succeed in obtaining will be subject to your written
acceptance, and will have no binding effect on you otherwise. You will be
free to accept or reject any offer. Our authority will be limited to
obtaining offers for you. We will have no power or authority to close any
sale or to make any binding commitment of any kind on your behalf. 5.
COMMISSIONS: If during the period of this agreement we bring you an offer that you
accept in writing, and you and the publisher execute the publishing
agreement, you will pay us a commission equal to fifteen percent (15%) of all
proceeds received from the publisher. In addition, you will pay us a
commission equal to twenty-five percent (25%) from sales throughout the rest
of the world and from the sale of any serial, merchandizing, or dramatic
(motion picture, television, radio) rights when a sub-agent is required to
negotiate the deal. In addition, we will receive the same percentages (15%
when a sub-agent is not used and 25% when a sub-agent is used) of all
proceeds obtained from any subsequent sale of rights that derives from the
initial sale of the Property, including, but not limited to the following:
condensation, translation, anthology, periodicals, electronic formats and reproductions,
television, audio and video recordings, paperback, and commercial. If you
sell or transfer publishing rights in the Property to a person or company to
which we submitted a proposal for the sale of rights during the term of this
agreement, we will be entitled to our full commission even though the sale or
transfer of rights takes place after the agreement terminates. Our right to
compensation for a sale or disposition of rights under this agreement, once
earned, will continue even after the agreement is terminated, and in case of
our death or disability, our successor in interest will have that right and
will administer the receipt and disbursement of funds under this agreement. 6.
PROCEEDS: We will
be entitled to collect on your behalf all proceeds derived from the sale of
the Property. We will deduct our commissions and forward all sums due to you
along with any statements from the publisher or licensee within three weeks
of our receipt of proceeds or statements from the publisher or licensee. 7.
COSTS: You will
pay one hundred percent (100%) of all postage, copying, telephone, travel,
and other costs specifically related to the sale of the Property. You will be
required to pay 100% of these expenses only if the Property is sold. If we
cannot sell the Property, you are under no obligation to us to pay these
expenses. Expenses will not exceed $300 without your consent. We will be
entitled to deduct these costs, as well as our commission, from the proceeds
derived from the sale of the Property if you have not reimbursed us already. [Intellectual Property Management
Group or One of Its Associated Subsidiaries] [Author's Name] Negotiating a Book Contract: A Guide for Authors and Lawyers, by Mark L. Levine (click book cover for more)
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