Second Law
Anthology Publishing Contract
for OTI Press
AGREEMENT
This contract is made between OTI PRESS, a publishing corporation with a mailing address of P.O. Box 2522, Littleton, CO 80161-2522, hereinafter referred to as the PUBLISHER, and the short story author, hereinafter referred to as the AUTHOR.
In consideration of the mutual covenants herein contained, the parties agree as follows:
- AUTHOR GRANT<
- (a)The Author grants permission to include the story, as submitted hereinafter referred to as the WORK, as submitted, in the publication produced by Publisher entitled Second Law, hereinafter referred to as the ANTHOLOGY.
- (b). The Author grants to the Publisher worldwide publication rights to the Work for publication in the electronic, print and audio-book anthology, made available throughout the world. The Author retains the rights to sell or arrange for publication of the Work elsewhere, but only if other publishers do not require exclusive rights to the Work.
- (c). The Author grants the Publisher the right to publish the Work in translated versions of the anthology, in a foreign edition of the anthology anywhere in the world.
- (d). If the Publisher wishes to make any additional use of the work, other than those stipulated in the Contract, the Publisher agrees to seek written permission from the Author.
- PAYMENT
- (a). The Author will not receive a payment for the publication of their story.
- (b). Royalties accumulated from the sale of the anthology shall be managed by the Publisher. These Royalties shall be applied to the cost of the publication and maintenance of the anthology first. Additional royalties shall be used for marketing and advertising costs. Remaining royalties shall be distributed evenly among authors of the anthology on a quarterly basis for no more than ten (10) years.
- AUTHOR’S WARRANTIES AND INDEMNITIES
- (a). The Author represents and warrants to the publisher that: (I) the Author is the sole proprietor of the Work and has full power and right to enter into this agreement and to grant the rights hereby conveyed to the Publisher; (II) the Work does not, and if published, will not, to the Author’s best knowledge, infringe upon any other person’s copyright, or any other person’s rights whatsoever; and (III) the Author will not hereafter enter into any agreement or understanding with any person, form or corporation that might conflict with the rights herein granted to the Publisher.
- (b). If the Publisher makes an independent investigation to determine whether the foregoing warranties and representation are true and correct, such investigation will not constitute a defense to the Author in any action based upon a breach of any of the foregoing warranties.
———————————————-Page 1————————————————————– - (c). The Author shall indemnify, defend and hold the Publisher, its subsidiaries and affiliates and its and their respective agents, officers, directors and employees harmless from any claims, demands, suits, actions, proceedings or prosecutions based on facts which, if true, would constitute a breach of any of the foregoing warranties (hereinafter collectively referred to as “Claims”) and any liabilities, losses, expenses (including attorneys’ fees) or damages in consequence thereof. Each of the parties hereto shall give the other prompt notice of any Claims. No compromise or settlement of any Claims shall be made or entered into by any party without the prior written approval of both Publisher and Author. In the event any suit is filed, the publisher shall have the right to withhold payments due the Author under the terms of this agreement, if any, as security for the Author’s obligations as stated above. The benefit of the Author’s warranties and indemnities shall extend to any person, form or corporation instituted by reason of the publication, sale or distribution of the Work as if such representations and warranties were originally made to such third parties. The warranties and indemnities as stated herein shall survive termination of this agreement.
- INFRINGEMENT OF COPYRIGHT
- (a). If during the existence of this agreement the copyright of the Work shall be infringed or a claim for unfair competition shall arise from the unauthorized use of the Work or any part thereof, but not limited to, the format thereof or the characters or situations contained herein, the Publisher may, at its own cost and expense, take such legal actions as may be required to restrain such wrong or to seek damages therefore. The Publisher shall not be liable to the Author for the Publisher’s failure to take such legal steps. If the Publisher does not take such legal action within a reasonable time, the Author may do so, in the Author’s name and at the Author’s cost and expense. The party taking the action shall bear all costs and expenses (including attorneys’ fees) and:
- (b). If the Publisher takes such action, shall split the recoveries with the Author after the Publisher recoups all costs and expenses; or
- (c). If the Author takes such action, the Author shall retain all recoveries.
- AUTHOR’S NAME AND PUBLISHER’S TRADEMARK
- (a). The Publisher shall have the right to use the Author’s name, likeness and biographical material for the purpose of advertising, publishing and promoting the Work itself, its title and all the material, including the characters, in the Work. The Author will be credited within the anthology using the Author’s pen name unless written notification from the Author is obtained beforehand.
- AUTHOR’S COPIES
- (a). The Author must purchase their own print copies through the Publisher at wholesale cost set by the book distributor and cover all shipping and handling costs. The Author’s payments for the print copies must be received by the Publisher prior to the Publisher fulfilling the purchase and shipment of requested print copies. The Author may distribute these copies freely or for a dollar amount of the Author’s choosing.
- (b). The Author will receive electronic copies of the anthology in MOBI, EPUB, PDF and HTML formats. The Author may distribute these copies freely or for a dollar amount of the Author’s choosing.
- (c). If the audio-book version is available for free via coupon code, the Author may request codes from the Publisher to distribute to readers. The Author understands that coupon codes are available on a limited basis and should not be requested without a reader intending to use the code and listen to the Anthology.
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- CHANGES IN TEXT OR TITLE
- (a). The Author agrees to work with the Publisher to edit the Work as required. The Publisher is only responsible for subsequent publication of new versions no more than twice annually during a month of the Publisher’s choosing.
- USE OF COVER ART AND STORY IMAGES
- (a)The Author agrees to use the ANTHOLOGY cover artwork for promotional purposes only.
- (b)The Author understands the artwork for each individual short story is licensed to OTI Press from various stock image providers and may not be copied or used elsewhere unless the Author purchases a license themselves. The licensors of stock art are listed in the Acknowledgements section of the Anthology.
- REVERSION OF RIGHTS AND WITHDRAWAL OF OFFER TO PUBLISH
- In the event that the Work is not published by the Publisher within 6 months of signing this agreement, the Author shall be re-reimbursed for any monetary anthology investment he/she made that has not yet been paid out for anthology expenses.
- AUTHOR’S CREDIT
- The Author will be credited within the anthology and as the name used in this document unless written notification from the Author is obtained beforehand.
- ACKNOWLEDGEMENT
- (a)The parties acknowledge that each party has read and understood this contract before execution.
- (b)Furthermore, both recognize that the relationship between the Publisher and the Author is in no way that of employer and employee, and that taxes from the income are the sole responsibility of the Author; the Publisher has neither right nor responsibility for the Author’s tax obligation, for the Author bears the relation of an independent contractor.
- (c)This Agreement shall be governed by the laws of the United States, State of Colorado, without regards to the location or nationality of Author.
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