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This Agreement is made between Black Hare Press of Suite 600, UNIT2,134-136 Pascoe Vale Road, Moonee Ponds VIC 3039 Australia, and its successors and assigns, hereinafter referred to as the ANTHOLOGIST, and of
hereinafter referred to as the ILLUSTRATOR.
The parties agree as follows:
1. (a) The WORKS
This Agreement pertains solely to the ILLUSTRATOR’s creative work(s) titled as follows (the WORKS);
(i) (TITLE) which is an work.
1. (b) The ANTHOLOGY.
This Agreement pertains to publication of the WORKS on the ANTHOLOGIST’s website(s), in promotional material and merchandise, and in a single anthology tentatively to be titled ‘‘, (the Anthology)
2. This Agreement is not a transfer of the copyright to the WORKS, and the ILLUSTRATOR retains all copyrights in and to the WORKS.
3. Rights Acquired
ILLUSTRATOR agrees to the perpetual non-exclusive license of all rights (including, but not limited to, the right to display, modify, transmit, and create derivative works. Derivative works include, but is not limited to, book merchandise such as, apparel, toys, accessories, digital media, etc… ) to Work to ANTHOLOGIST excluding only the right to authorship credit, which is retained by ILLUSTRATOR.
4. ILLUSTRATOR may use WORKS in ILLUSTRATOR‘s portfolio (including, but not limited to, any website that displays ILLUSTRATOR‘s works). ANTHOLOGIST and ILLUSTRATOR agree that ANTHOLOGIST will properly identify ILLUSTRATOR as the creator of WORKS.
5. For the rights granted to the ANTHOLOGIST in this Agreement, the ILLUSTRATOR shall receive one (1) copy of the digital version of the ANTHOLOGY, to be delivered electronically within thirty (30) days of publication.
In addition, the ANTHOLOGIST will provide facilities for the ILLUSTRATOR to purchase print copies at cost price plus postage, packaging and handling fees.
6. If the ANTHOLOGY is not published within six (6) months of the date of this agreement, all rights hereunder shall immediately revert to the ILLUSTRATOR and the ILLUSTRATOR has the right to sell or arrange for publication of the above-named WORKS in any manner.
7. Arising under and terminating with the grant of rights to the WORKS in this Agreement, the ILLUSTRATOR grants ANTHOLOGIST the right to use the ILLUSTRATOR’s name, image, likeness, and biographical material for all advertising, promotion and other use of the WORKS. Upon request, the ILLUSTRATOR shall provide the ANTHOLOGIST with a photograph of the ILLUSTRATOR, appropriate biographical material, and a summary of each TITLE for such use. The ANTHOLOGIST shall use only the ILLUSTRATOR’s name, image, likeness and biographical material provided and approved by the ILLUSTRATOR.
8. The ILLUSTRATOR represents and warrants that he/she is the sole author of the WORKS, that the WORKS is original, and that no one has reserved the rights granted in this Agreement. The ILLUSTRATOR also represents, to the best of his/her knowledge, that the WORKS 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 ILLUSTRATOR has full power to grant such rights to the ANTHOLOGIST.
9. The ILLUSTRATOR will indemnify the ANTHOLOGIST against any loss, injury, or damage finally sustained in a court of law (including any legal costs or expenses and any compensation costs and disbursements paid by the ANTHOLOGIST) incurred by the ANTHOLOGIST in connection with or in consequence of an intentional breach of one or more the foregoing warranties.
10. The ANTHOLOGIST will make no alterations to the WORKS’ text or title without the ILLUSTRATOR’s written approval in e-mail or hardcopy. The ILLUSTRATOR will be provided with the ANTHOLOGIST’s proposed version of the WORKS prior to publication and given seven (7) days to review text and return any corrections. The ANTHOLOGIST reserves the right to make copyediting changes to conform the style of the text to the ANTHOLOGIST‘s customary form and usage.
11. The volume as a compilation shall be copyrighted in the name of the ANTHOLOGIST and/or the name of the ANTHOLOGIST’s editor. Acknowledgment of the ILLUSTRATOR’s copyright shall appear in the Anthology in the ILLUSTRATOR’s name.
12. Regardless of its place of execution, this agreement shall be interpreted under the laws of the State of Victoria, Australia. The parties submit to the exclusive jurisdiction of the Victorian courts in respect of all matters relating to this agreement.
13. The parties agree that any suit, action or proceeding, whether claim or counterclaim, brought or instituted by either party relating to the subject matter of this Agreement, shall be tried only by a court and not by a jury. The parties to this agreement expressly waive any right to a trial by jury in any such action or proceeding.
14. The ANTHOLOGIST 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 ILLUSTRATOR.
15. This Agreement constitutes the entire Agreement between the parties and supersedes all prior writings or oral agreements. This Agreement may be amended, only by a written agreement clearly setting forth the amendments and signed by both parties.
16. The parties acknowledge that each party has read and understood this contract before execution.
IN WITNESS WHEREOF, the parties have duly executed this agreement:
By: Black Hare Press