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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
writing as (the PSEUDONYM) hereinafter referred to as the AUTHOR.
The parties agree as follows:
1. (a) The WORKS
This Agreement pertains solely to the AUTHOR‘s textual work(s) titled as follows (the WORKS);
(i) (TITLE) which is approximately words in length and is an work.
1. (b) The ANTHOLOGY.
This Agreement pertains to publication of the WORKS on the ANTHOLOGIST’s website at www.BlackHarePress.com 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 AUTHOR retains all copyrights in and to the WORKS.
3. Rights Acquired
(a) For any TITLE detailed in clause 1.(a) as being an ORIGINAL work, the AUTHOR grants;
(i) First English-language Worldwide Anthology Publication Rights and First Worldwide Electronic Rights in the WORKS to the ANTHOLOGIST for inclusion in the ANTHOLOGY for a period ending three (3) months following the date of first publication of the ANTHOLOGY.
(ii) thereafter, the AUTHOR grants nonexclusive Anthology Publication Rights and nonexclusive Worldwide Electronic Reprint Rights in the WORKS to the ANTHOLOGIST for inclusion in the ANTHOLOGY, for publication in the English language worldwide for as long as there is demand for the ANTHOLOGY.
(b) For any TITLE detailed in clause 1.(a) as being a REPRINTED work, the AUTHOR grants;
(i) nonexclusive Anthology Publication Rights and nonexclusive Worldwide Electronic Reprint Rights in the WORKS to the ANTHOLOGIST for inclusion in the ANTHOLOGY, for publication in the English language worldwide for as long as there is demand for the ANTHOLOGY.
4. If the AUTHOR has granted first rights and/or exclusive rights for a limited period of time, the AUTHOR agrees not to publish or to enter into any agreement giving any other the right to publish the WORKS, during the time of the grant, in the English language Worldwide prior to its initial publication in the ANTHOLOGY and throughout the exclusivity period granted to the ANTHOLOGIST thereafter, without the prior written permission of the ANTHOLOGIST. Thereafter, the ANTHOLOGIST must be credited in any subsequent publication of the WORKs.
If the WORKS is selected for a “best of the year” or an awards anthology, the ANTHOLOGIST agrees to waive this clause, provided the AUTHOR gives the ANTHOLOGIST prior written notice of the selection by such an anthology.
5. For the rights granted to the ANTHOLOGIST in this Agreement, the AUTHOR 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 AUTHOR to purchase print copies at discount 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 AUTHOR and the AUTHOR 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 AUTHOR grants ANTHOLOGIST the right to use the AUTHOR’s name, image, likeness, and biographical material for all advertising, promotion and other use of the WORKS. Upon request, the AUTHOR shall provide the ANTHOLOGIST with a photograph of the AUTHOR, appropriate biographical material, and a summary of each TITLE for such use. The ANTHOLOGIST shall use only the AUTHOR’s name, image, likeness and biographical material provided and approved by the AUTHOR.
8. The AUTHOR 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 AUTHOR 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 AUTHOR has full power to grant such rights to the ANTHOLOGIST.
9. The AUTHOR 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 AUTHOR’s written approval in e-mail or hardcopy. The AUTHOR 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 AUTHOR’s copyright shall appear in the Anthology in the Author’s name or designated PSEUDONYM where supplied in this Agreement.
12. The AUTHOR grants permission for transcription of the Story into Braille, tape, talking, or oversized book, only in case the ANTHOLOGY is selected for such transcription by a nonprofit organization or an agency of a Government, for use by the handicapped.
13. 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.
14. 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.
15. 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 AUTHOR.
16. 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.
17. 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