This is a sample contract subject to improvement as time goes by. Note that it refers to first publication rights for a work not previously published. If the work sold to PB is a reprint, it should be understood the author [artist] has every right under existing law to immediately sell reprint rights to anyone else, anywhere else, even before the contracted issue of Polar Borealis is published, without prejudice to the rights arranged and contracted with Polar Borealis. This is fully in line with the publisher/editor’s policy of promoting Canadian authors and artists to the maximum extent possible.
POLAR BOREALIS Magazine
Memorandum of Agreement
This agreement made between Richard Graeme Cameron, of Apt #72-G, 13315 104th Avenue, Surrey, B.C. Canada, V3T 1V5, and its successors and assigns, hereinafter referred to as the PUBLISHER, and Name, Address, hereinafter referred to as the AUTHOR.
The Parties agree as follows:
The Work. This agreement pertains solely to the Author’s textual Work (short story) with the title “Title” approximately “x,xxx” words in length.
All rights not expressly granted by the Author reside exclusively with the Author. Any rights developed in the future will reside with the Author.
Limitations on scope of grant. The Author does not transfer any rights in the Work to the Publisher except as specifically set forth in this agreement. This agreement is not a transfer of the copyright to the Work. The Author retains absolute control and possession of the copyright.
Online Rights: The Author grants First Publication English Language World Online (PDF) Internet Rights to the Publisher to include the Work in the PDF Magazine “POLAR BOREALIS”, for publication online on or before MM / MM, 2016, utilising the distribution methods of a downloadable PDF file hosted on the “POLAR BOREALIS” web site, a PDF file emailed to the subscriber’s list, and a PDF file emailed to any interested party who requests that issue.
The rights granted under the terms of the above paragraph shall be exclusive for a period of one (1) week following the first date of publication under this paragraph and nonexclusive thereafter.
It is understood the Publisher may host/distribute the back issue of the PDF Magazine “POLAR BOREALIS” containing the Work for a period after first publication of not less than one year. The Publisher may then continue to do so indefinitely thereafter, unless requested by the Author in writing or by email to delete the Work from the PDF file in question.
Note that this deletion will consist of removing the Work from said PDF Magazine file, but that the remainder of the PDF Magazine file, minus the deleted Work, will be put back on display for downloading purposes and/or emailing distribution. This is done both to respect the wishes of the Author requesting deletion, and to respect the wishes of the other contributors in the same issue of the PDF Magazine who are willing to see their Work continue to be made available.
For the avoidance of doubt, the purpose of this agreement is to allow the Publisher genuine First Publication Rights free of any attempt by the Author to sell or distribute the work elsewhere, until one week after first publication, whereupon this agreement allows the Author to sell or distribute the Work in any manner with the exception of the rights granted to the Publisher.
Non-Exclusivity Phase: It is understood that, once first publication has taken place, all future sales of the Work constitute “Reprint” Rights. Types of Reprint sales the Author is free to pursue upon termination of the one (1) week exclusivity period after first publication may include but are not limited to:
Electronic Rights: Regional or World Reprint Rights covering anything electronic other than PDF publication.
Online Rights: Regional or World Reprint Rights for PDF publication on the internet and/or e-mail distribution.
Print Rights: Regional or World Reprint Rights for magazines, books, anthologies, book-club editions, text books, or any other form of print.
Language Rights: Regional or World Reprint Rights in any media in any language.
Subsidiary Rights: Regional or World Reprint Rights for film, television, radio, audio, and any other form of media.
For the avoidance of doubt, the purpose and intent of “POLAR BOREALIS” Magazine is to promote and publicise the Works and talent of Canadian Speculative Fiction Authors and Artists through the rights granted to the Publisher and, once the non-exclusivity phase begins, to allow all contributing Authors and Artists the maximum freedom possible to promote and sell their works to the maximum extent possible outside of the rights this agreement grants to the Publisher.
For the purposes of this contract covering the textural Work titled “Title”, payment to the “Author,” when paid, will be in the sum of “$xx.xx” CA paid by cheque or by PayPal.
2016 Practice: Since the Publisher does not anticipate finances in order till 2017, contributors to the first three “Proof of Concept” issues agree to accept deferral of payment till late in the year 2016. However the Publisher will make every effort to make payment earlier if at all possible.
2017 Practice: Payment will be made in the following manner: Contract will be sent within one week of notification of final acceptance. Payment will then be initiated (cheque mailed, PayPal payment authorized) within one week of the Author signing the contract. It is intended that, by 2017, all contributing Authors & Artists will be paid prior to publication.
For the avoidance of doubt, “final acceptance” is defined as “the Work in its mutually approved final version,” as opposed to its prior status “tentative acceptance” wherein the Publisher is holding the Work for possible publication depending on rewrite and/or sufficient space in an upcoming issue, a holding period during which the Author is free to sell the Work elsewhere.
Publication Guarantee: The Publisher pledges to publish the Work online within a year of final acceptance (sooner if possible). If the Work is not published within a year of notification of final acceptance, all rights revert to the Author who is then free both to retain the payment and seek first publication elsewhere.
Author’s Warranties, Representations and Indemnities:
The Author represents and warrants that he/she is the sole author of the Work, that the Work is original, and that no one has reserved the rights granted in this agreement.
The author also represents, to the best of his/her knowledge, that the Work contains no matter unlawful in its content, nor does it violate the rights of any third party; that the rights granted in this contract are free and clear; and that the Author has full power to grant such rights to the Publisher.
The Author further warrants that any and all works submitted under this contract are not in the public domain and are not and have never been published in paper or any other format with any publishing company that may still own proprietary right to the Work.
The Author agrees to hold Publisher harmless and indemnify it from all damages, costs, and expenses directly resulting from a finally sustained judgment relating to any legal actions incurred by the Author arising from a breach of the above warranties.
Editing Policy: The Publisher will make no alterations to the Work’s text or title except through process of consultation with the Author resulting in the Author’s written approval in e-mail or hard copy. The Author understands the Publisher may request a rewrite of the Work in order to bring the Work into line with the Publisher’s expectations and editorial policy, and that this does not necessarily guarantee final acceptance. However, the Publisher guarantees such a request will be made in good faith and not frivolously.
Author will be provided with Publisher’s proposed version of the Work prior to publication and given sufficient time to review text. The Publisher reserves the right to make minor copyediting changes to conform the style of the text to the Magazine’s customary form and usage.
The Author will be credited on the table of contents page and at the beginning of the Work text.
The Publisher will notify readers on the masthead page that Authors retain full control of copyright and no portion of their Work may be reproduced without their consent.
Publicity: The Author understands that this agreement grants the Publisher the right to use the Author’s name, image, likeness, and biographical material for all advertising, promotion and other useful exploitation of the Work. Upon request, the Author shall provide the Publisher with a photograph of the Author and appropriate biographical material for such use. The Publisher shall use only the Author’s name, image, likeness and biographical material as approved by the Author.
Successors and Assigns: Publisher may not assign or in any way transfer this contract or the rights granted by it to another person or entity without the written permission of the Author.
The parties acknowledge that each had read and understood this contract before execution.
In witness whereof the parties have executed this contract in duplicated originals on this xx day of Month, year
Name, Author. Date: DD/MM/2016
Richard Graeme Cameron, Publisher. Date: DD/MM/2016
If satisfied with the contract as it appears here, please retain this copy for your files.