Model Contract: Writers' Guild

Welsh Books Council

Model Contract: Writers' Guild

WRITERS’ GUILD/WELSH-LANGUAGE AUTHORS AGREEMENT

dated:

between                                                        (the Author)

and                                                               (the Publisher)

in relation to the Work of the Author: (title)                               

to be published in: (Date)

Price:  £                    No. of copies:

1. This Agreement may be terminated by the Author or the Publisher giving 3 months’ notice of his/her intention to do so no less than 3 years from the date of the Agreement.

2. In exchange of the payments listed below, the Author gives the Publisher, under the terms of the Guild of Writers, exclusive rights to produce and publish the Work in book form through the medium of Welsh throughout the world. 

3. The Author guarantees the Publisher:

i. that the Work is original and has not been published previously;

ii. that it does not break any copyright law and that the Author is the owner of the copyright;

iii. it is not libellous or untruthful;

iv. all statements are factually correct.  This does not restrict the Publisher’s right, following legal advice, to delete any of the content, which in its view is either libellous or untruthful. The Author authorises the Publisher exclusively, the right to print and publish the Work in Welsh, either wholly or partly, but the Work shall not be published without consultation with the Author.  This authority cannot be delegated to anyone without the express consent of both Author and Publisher.

v. The Author declares his/her moral right under the Copyright Designs and Patents Act 1988 to be recognised as the author of the Work and the Publisher confirms that every book published, wholly or partly shall confirm the right of the Author to be recognised as the Author and shall recognise his/her moral rights under s. 77 and s. 78 of the Act.

4. If pictures, maps or indexes etc are used, the Author and Publisher will discuss and co-operate with each other to ensure the correct enclosures and format are used.  If written confirmation is needed to use any material e.g. poems, quotations, pictures, photographs, songs, whereby the copyright is owned by another, the Author and Publisher will co-operate to gain that permission.

5. The Publisher shall present first proofs of the Work to the Author.  The Author will be expected to read and correct the proofs within 28 days of its receipt, unless he/she is unable to do so due to circumstances beyond his/her control.  With the written consent of the Author, the Publisher can arrange for another suitable editor to read and correct the proofs.  The Publisher shall present a final proof of the Work to the Author.  The Author is expected to read and correct the final proof within 10 days of its receipt.

6.The Publisher shall produce and publish the Work within 12 months unless it is unable to do so, due to reasons beyond its control.  If there is such a delay, the date of publication shall be discussed and agreed with the Author.

7. The Publisher and the Author must sign this Agreement before the Publisher begins type-setting the work. 

8. Any reasonable request in relation to the details of the date of publication, method of production, condition of the work, number of copies, condition of the cover and binding, the price and the way in which the work is published cannot be unreasonably withheld. 

9. This Agreement shall stand for every publication of the Work (including braille publications or large print) that the Publisher shall consult with the Author in relation to any changes he/she wishes or are essential.  The Publisher has an agreement with the Society for the Blind in Wales which allows them to use the whole works of the Publisher for tapes for the blind and this Agreement is subject to that agreement.

10. The Publisher shall pay the Author or his/her estate the following royalties: 10% of the retail sale of every copy sold.

11. The Publisher shall give the Author 10 free copies of the Work, as well as the right to buy any additional copies for his/her own use at a reduction of 33.3%.

12. No royalties will be paid on the free copies, copies distributed for publicity purposes, lost copies or damaged copies.  The Press can distribute a maximum of 70 copies for review and publicity.

13. In relation to the following rights: television, broadcasting, DVD, dramatising for the stage, radio, recording onto record tape, video, film or microfilm, abbreviation or use in paper serialisation, magazines, radio programme and television and film, the inclusion of parts in anthologies or collections, translation to other languages, cartoons, goods of any description: the Author and the Publisher shall attempt to the best of their abilities to promote the work for the media mentioned above and will share any remuneration as received through the above media on the basis of 90% to the Author and 10% to the Publisher.  Following consultation with the Author, the Publisher will have the right to allow a selection of the Work to be used on stage (e.g. in the Eisteddfod) and will guarantee suitable payment to the Author if the performance/competition is broadcast.

14. With the consent of the Author, the Publisher can allow any non-profit making reproductions of the work for the blind or other charitable cause.

15. The Publisher shall pay the Author the following royalties: £             on the publishing date of

16. In June and December each year, the Publisher shall account for the sale of the Work in addition to the royalty payments.  If the sum owing to the Author is less than £25, the Publisher can pay the payment during the next period.

17. If the Work is still out of print 12 months after the date the Author has written to the Publisher requesting a re-print, the Publisher shall lose all rights to the Work.

18. The Author can terminate the contract immediately if:

i. the Work is not published in accordance with Clause 6 or any other Clause under this Agreement;

ii. any other Clause of the Agreement is not met by the Publisher;

iii. the rights are transferred or attempted to be transferred by the Publisher without the written authority of the Author;

iv. the Publisher fails to pay.

19. The Publisher will undertake every appropriate step to ensure the safety of any of the proofs presented to it by the Author and to recompense the Author for any loss suffered if the proofs are lost or damaged.

20. This Agreement does not convey or confirm that there is a partnership or an employment relationship between the Author and the Publisher.

21. If discussions fail and the mediation system is opposed, both sides may take any steps necessary, including legal action.

22. If this Agreement is terminated, the Author shall have the right under his own free will to take control of copies of the Work and any surplus stock (which is in the custody or under the control of the Publisher) in addition to any plates, engravings or other offer prepared solely for the production of the series for a price agreed by an independent person chosen by both sides.  If the Author fails to enact the said free will by way of a written notice within a month of the termination of this Agreement, the Publisher shall have the right to sell the said copies subject to payment of the agreed royalties. 

23. If there is any discrepancy between the wording of the Welsh in relation to the English Agreement (or any part of it) the wording in the Welsh Agreement stands.

Signed by the Author:

Signed by the Publisher:

Dated:

Date last updated: 21 Jun 2013