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Full Publishing Agreement Template for England and Wales

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Key Requirements PROMPT example:

Full Publishing Agreement

"I need a Full Publishing Agreement for my debut novel that will be published both in print and e-book formats, with worldwide English language rights and a standard royalty structure, ensuring I retain film and television rights."

Document background
The Full Publishing Agreement is essential when an author wishes to grant publishing rights to a publisher under English and Welsh law. This document establishes the complete commercial and legal framework for the publication of a work, covering everything from manuscript delivery to royalty payments. It's particularly important for protecting both parties' interests in the publishing process, ensuring compliance with UK copyright law, and setting clear expectations for the publication journey. The agreement should be used when entering into any formal publishing arrangement, whether for fiction, non-fiction, academic works, or other publishable content.
Suggested Sections

1. Parties: Identification and details of the Author and Publisher

2. Background: Context of the agreement and brief description of the work

3. Definitions: Key terms used throughout the agreement including Work, Territory, Rights, etc.

4. Grant of Rights: Specific rights being granted to the publisher, including territorial and format rights

5. Author's Obligations: Delivery requirements, warranties, and ongoing responsibilities

6. Publisher's Obligations: Publication, marketing, and distribution commitments

7. Royalties and Payments: Payment terms, royalty rates, and accounting provisions

8. Term and Termination: Duration of agreement and termination provisions

Optional Sections

1. Option Clause: Right of first refusal on author's next work - used for fiction authors or when building ongoing relationship

2. Subsidiary Rights: Additional rights like film, translation, merchandising - used for works with potential additional commercial applications

3. Electronic Rights: Specific provisions for digital formats - used when digital publication is contemplated

4. Author's Marketing Support: Author's promotional obligations - used for major publications requiring author involvement

Suggested Schedules

1. Schedule 1: The Work: Detailed description of the work including length, format, delivery date

2. Schedule 2: Royalty Rates: Detailed breakdown of royalty percentages for different formats and territories

3. Schedule 3: Marketing Plan: Optional schedule detailing promotional activities and responsibilities

4. Schedule 4: Style Guide: Optional technical requirements for manuscript submission

5. Appendix A: Copyright Assignment: Formal assignment of copyright if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries
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Industries

Copyright, Designs and Patents Act 1988: Primary UK legislation governing copyright protection, including authors' rights, duration of copyright, moral rights provisions, and the assignment and licensing of rights

Contracts (Rights of Third Parties) Act 1999: Legislation governing third-party rights and contract enforceability in publishing agreements

Consumer Rights Act 2015: Legislation protecting individual authors as consumers and ensuring fairness of contract terms

Consumer Contracts Regulations 2013: Regulations providing additional protection for individual authors, including information requirements and cancellation rights

Electronic Commerce Regulations 2002: Regulations governing digital publishing and electronic commerce aspects of publishing agreements

Berne Convention: International treaty providing copyright protection across member states for literary and artistic works

Universal Copyright Convention: International treaty establishing basic copyright protections across signatory nations for published works

EU Retained Law: Post-Brexit retained EU legislation including relevant copyright directives that continue to apply in UK law

Common Law Contract Principles: Fundamental principles including offer, acceptance, consideration, intention to create legal relations, and capacity to contract

Equitable Principles: Legal principles ensuring fairness, reasonableness, and good faith in contractual dealings

Industry Guidelines: Best practices and standards from organizations like the Society of Authors and Publishers Association, including standard royalty arrangements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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