Skip navigation
This discussion is archived
8,207 Views 7 Replies Last post: Nov 30, 2009 1:00 PM by Hetman RSS
Level 0 68 posts since
Oct 24, 2008
Currently Being Moderated

Nov 28, 2009 2:24 PM

Publishing Agreement?

Hello, the CS Community!

 

My friend is an author of a book. We decided to publish it via CS. He hasn't got a clue in publishing business and is a busy person. So, we agreed that I will help him with this. And eventually when / if we have any profit from selling his book we split it at certain proportion. We are both in the UK. I am getting US TIN registered to save us 30% in US tax. I will buy ISBN under my name. I will be submiting the book to CS from my account. I will be receiving CS royalties. I'd like to put my name in the book as a publisher in case it's not the last book I publish. Haven't decided whether to use real name or make up a name for my publishing business. So, CS wants the proof of my rights to publish this book. We are talking publishing agreement between me and my friend, right? I don't mind if my friend publishes his book elsewhere as well so it is a  non-exclusive agreement. We'd greatly appreciate if anyone gave us a sample agreement that would satisfy CS and cover our relations in this matter. We don't want this agreement to be any more complicated than it should be, we trust each other. We don't have a huge budget for this book so we are trying to avoid paying solicitors (attorneys) for their advice or work.

 

Thanks in advance!

 

Roman

Level 5 2,821 posts since
May 5, 2009
Currently Being Moderated
1. Nov 28, 2009 2:55 PM in response to: Roman
Re: Publishing Agreement?

I'm also in the UK and use my own ISBNs. I've never heard of CS wanting a publishing agreement but then I publish my own works. Have they actually asked you for this? For example I published a work with a friend as a co-author and CS didn't ask me for a thing. Perhaps you just need a few lines stating that your friend grants you the non-exclusive rights to publish his works by CS. If you add anything about profits I would imagine that he would also need a TIN.

 

I got a TIN it took me 6 weeks and cost £80. I have a virtual Payoneer account for my royalties otherwise it is a £5.50 fee per cheque (up tp £100) at Nat West.

Level 1 71 posts since
Nov 14, 2009
Currently Being Moderated
2. Nov 28, 2009 3:00 PM in response to: Roman
Re: Publishing Agreement?

I am not a lawyer, this is not legal advice, I have no idea how the UK differs from the US, etc.  :-)  Given that:

 

I, _____ grant to _____ a non-exclusive, worldwide, non-revocable, perpetual license to publish, reproduce, adapt, modify, translate, publicly perform, publicly display, distribute and sub-license _____ in any medium.

 

That's a very strong grant, and an author may choose to leave some of them out ... e.g. worldwide, non-revocable, perpetual and/or adapt, modify, sub-license, any medium.  (You can Google any of the phrases for lots of usage examples.)

 

It should of course be paired with a clear agreement on how funds are distributed -- taking into account retail price, discounts, unavoidable expenses (e.g. per-book POD cost) and optional expenses (marketing, overhead, salary, a future offset run if the book is popular).

 

If you want a more credible source than some random guy on a forum, try Nolo Press.  I haven't looked there for a publisher agreement, but I'm very happy with the 3 different things I've bought from them (all very reasonably priced).

Scott
Germancosm
just published: Canadian Escapades; A true story ... an exciting adventure.
(createspace.com/3410762)
Level 4 1,394 posts since
Feb 25, 2009
Currently Being Moderated
3. Nov 28, 2009 3:15 PM in response to: Hetman
Re: Publishing Agreement?

I think I understand what CS wants from him. They want proof that he has legal right, meaning an agreement with his author friend, to help him publish the book on CS since he is not the original author and therefore not the rights holder to the work. That's what they are asking him for. It covers CS in case of fraud or copyright things that may not be in the picture but since CS is a business they need to cover the bases.

 

The best bet, though the last post's wording sounds pretty decent, would be to contact a lawyer to have something drawn up between you and your friend that covers all the details that CS needs covered. That way, CS is covered legally and you'll have something for yourself.

Level 5 11,791 posts since
May 4, 2008
Currently Being Moderated
4. Nov 28, 2009 4:20 PM in response to: Roman
Re: Publishing Agreement?
A typed document stating what you both agree to, who is responsible for what, who is entitled to what, and your signatures and date should be sufficient as a legal contract. It doesn't have to be drawn up by a lawyer. You could also get it witnessed by a JP to be on the safe side though.
Level 5 2,821 posts since
May 5, 2009
Currently Being Moderated
7. Nov 30, 2009 1:00 PM in response to: Roman
Re: Publishing Agreement?

If you own the ISBN (bought it via Nielson) then yes you can use it with CS and with a UK printer as you are the publisher. If however you use a free CS ISBN then you can not print with that ISBN anywhere else as CS owns the ISBN. I always use two ISBNs one for the US market and one for UK & International (although my first two books used CS ISBNs in the US).

 

Citibank should not charge if it is an FCA (foreign currency account i.e. USD)

Actions

More Like This

  • Retrieving data ...