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Publisher's Agreement


Germans from Russia Heritage Collection
Libraries NDSU Dept #2080
PO Box 6050, Fargo, ND 58108-6050 USA

Publisher's Agreement

This Agreement is made to be effective the _____ of _____________ 2006 ("Contract Date") by and between the Germans from Russia Heritage Collection ("GRHC"), North Dakota State University Library, hereinafter referred to as PUBLISHER, and ______________________________, hereinafter referred to as AUTHOR or COMPILER. The author desires the PUBLISHER to complete the publication ("Work") of a manuscript entitled:
_______________________________________________________________ according to the terms and conditions set forth.

I. The PUBLISHER agrees to:

A. Publish such Work within a period of one year from the date of the receipt by the PUBLISHER of a completed copy thereof, ready for the printer, in such book form and edition, or editions, and at such price as the PUBLISHER deems best suited for the successful marketing thereof, and to keep such in print as long as the demand for such Work reasonably justifies.

B. Secure a copyright in PUBLISHER's name with the Copyright Office of the Library of Congress, Washington, D.C., together with copyrights in such foreign countries as the PUBLISHER deems necessary to protect all rights in such work, and to secure a renewal and extensions of such copyrights as are necessary so long as this contract remains in force and effect the sole and exclusive right to print, publish, copy, and vend the printings of the Work. Author agrees that said Work constitutes a work for hire under the U.S. Copyright Law.

C. Publish the work at Publisher's own expense.

D. Permit the AUTHOR, upon written consent of the PUBLISHER, to assign by written assignment all rights, if any, reserved by the AUTHOR in such Work.

E. Pay to the AUTHOR, fifty (50) percent of the net profits accruing in the event any first or second serialization, motion picture, television, radio production, transcription, or dramatic production of such is selected and contracted for by any book club, reprint house, foreign publisher, or other agency of publication, for all of which purposes the PUBLISHER is hereby solely empowered by the AUTHOR to contract.

F. Secure the approval of the AUTHOR for any agreement concerning the publication of copies other than in softcover form.

II. The AUTHOR hereby agrees to:

A. Furnish to the PUBLISHER within one year after the Contract Date a manuscript properly prepared for the press.

B. Make available at Author's expense any photographs, maps, or other illustrative material to be included in the book.

C. Read galley and page proof and return within a reasonable period of time as specified by the PUBLISHER.

D. Cooperate with the PUBLISHER in expediting in every way the production and publication of said Work including executing any necessary assignments or transfer documents.

E. Allow PUBLISHER to determine the book and cover design.

III. The AUTHOR does hereby warrant that:

A. The manuscript when submitted will be complete and ready for publication, that Author will be the sole author or will otherwise have full power to enter into the present agreement.

B. The manuscript is free from any and all libelous or otherwise unlawful material; and that the Author will hold the PUBLISHER harmless against any suit, claim or recovery upon any proprietary right, copyright, or libelous or other unlawful or objectionable matter as regards such literary work, and will at Author's own expense defend any such suit, claim or recovery in Author's own behalf and on behalf of the PUBLISHER.

C. Author will not, without the consent of the PUBLISHER, furnish to any other publisher any work on the same subject of such extent and character as to conflict with the sale of said Work.

D. When called upon by the PUBLISHER to do so, Author will prepare material needed for new editions of the Work. In the event of the desirability of a new edition after the death or disability of the AUTHOR, the PUBLISHER may engage competent persons to prepare the necessary new material.

IV. It is further mutually agreed between the PUBLISHER and the AUTHOR that:

A. The final title of the Work will be determined by mutual consent between the PUBLISHER and the AUTHOR.

B. Such changes may be made by the PUBLISHER in the text of the manuscript as may be required to conform to the Publisher's Manual of Style or one designated by the PUBLISHER, and otherwise conform to the prerequisites of the PUBLISHER for publication.

C. The AUTHOR will pay for alterations made after the type has been set and proof rendered, to the extent that extra charges exceed ten (10) percent of the cost of composition.

D. Between the AUTHOR __________________________, and the GRHC Bibliographer, these are agreed conditions for books sales, revenues, revenue payment, schedule, and exemptions for publishing, printing, and promotional costs. There is also inclusion of discount sales schedules.

1. Initial promotional costs include:

Complimentary review copies sent to selected local, regional, national, and international journals and newspapers are factored as publishing costs at wholesale price, including postage and shipment costs for these review copies.

2. Author defers any royalty payment per sold book, until the total cost for the following has been paid from books sales: desk-top publishing, proofreading, editing, translation, publishing, and website development.

3. Author receives $ ________ royalty payment per book sold, with direct sales with full retail price from the Germans from Russia Heritage Collection, NDSU Libraries.

4. When wholesale sales are made of the book, the Author receives $ ______ royalty payment per book sold.

5. PUBLISHER will receive (specified number) of books for promotional sales, and Author will receive a 40% discount on all books personally purchased. These books are not eligible for royalty payment.

6. The revenue sharing agreement shall apply to all other sales (both retail/full price and discounted prices) by either party. PUBLISHER will fulfill book orders including mailing.

7. Upon publication of the Work, the PUBLISHER shall make a good faith effort to publicize and otherwise promote the sale of the Work. The mode, medium, and extent of such publicity and/or promotion of the Work shall in all events be undertaken at the sole expense and discretion of the Publisher, unless otherwise agreed to in writing by all parties.

8. PUBLISHER will pay the appropriate revenues to Author on or near 1 January and 1 July of each year, beginning with completion of initial costs for preparation, publishing and promotion of Work. This process will continue as long as there are sales of the Work.

9. If after five years from the date of publication fewer than fifty (50) copies of the Work are sold within any calendar year, the PUBLISHER may offer, at a remainder price, to the AUTHOR the remaining part of the edition, and in the event the AUTHOR does not, within sixty (60) days from the receipt of such offer, notify the PUBLISHER in writing of Author's agreement to purchase same, the said remaining part of the edition may be destroyed by the PUBLISHER. The PUBLISHER may also pursue sale of the remaining at wholesale price or at a discount.

10. The specifications of this Agreement are assumed to continue unchanged beyond contract date, unless amended by a re-negotiated Agreement by all parties representing the Author and the Publisher interests.

11. All terms and stipulations of this contract are contingent upon acceptance of the manuscript by the Bibliographer, Germans from Russia Heritage Collection.

12. Please sign your signature to both copies of this document: 1) Return one copy to Germans from Russia Heritage Collection, Libraries NDSU Dept #2080 PO Box 6050, Fargo, ND 58108-6050; and 2) retain one copy for Author's files.

In witness hereof, the undersigned have hereunto affixed their signatures.

__________________ ______________________ _________________________
_________________________________________AUTHOR or COMPILER
______________________________ __________ Date _________

________________________________ ________Germans from Russia Heritage Collection
_________________________________________NDSU Library, Fargo, North Dakota ______________________________ __________ Date _________

_________________________________________Director & Bibliographer
_________________________________________Date _________

_________________________________________ __________________________
_________________________________________ Dean, NDSU Library, Fargo, ND
_________________________________________ Date _________

Approved in March, 2001, by Rick Johnson, General Counsel, Office of the General Counsel, PO Box 5011, Old Main, North Dakota State University, Fargo, ND 58105-2100.

Permission to use any images from the GRHC website may be requested by contacting Michael M. Miller