MODEL CONTRACT: ANTHOLOGY

1989

This contract was written under the direction of the SFWA® Contracts Committee. The model or sample contracts have been written as a guide to writers in understanding common publishing contracts and to help them negotiate better contracts. They are not intended to be used as boilerplate contracts by publishers, writers, or agents, nor should such use be cited as being SFWA approved. These contracts have been written by writers for writers, and are for educational purposes only. As with any legal document, you should consult a lawyer for exact interpretations of law. Advice herein is not intended as legal advice or the practice of law. Some model or sample contracts are badly in need of revision or updating. As part of its ongoing efforts to educate writers about publishing contracts, the Contracts Committee periodically writes new sample contracts or updates old sample contracts. Address comments or suggestions to the Chair, SFWA Contracts Committee.

The following is a note captured from a bulletin board on GEnie, reprinted with permission of the author, Michael Armstrong:

Fourth Science Fiction & Fantasy Round Table
Category 43, Topic 33
Message 13 Mon Nov 22, 1993
M.ARMSTRON12 [MichaelA] at 16:58 EST

Here’s Dean Lambe’s model anthology contract, from the Winter
1989 SFWA Bulletin. Lambe notes that Bruce D. Arthurs, Michael
Banks, Greg Bear, Richard Curtis, Jerry Pournelle, Mike Resnick,
Susan Shwartz, and David A. Smith contributed to the crafting of
this model contract. I’ve reproduced it using his original line
numbering.

   ===========================
NB: Information to be filled in by the Anthologist is in {braces};
that to be filled in by the Author is in [brackets].

  1
  2
  3
  4 This contract is made between {anthologist name}, whose
  5 address is {anthologist address}, hereinafter referred to
  6 as the Anthologist, and ____________ [author's
  7 name], whose address is ___________
  8 ___________________________________[author's address],
  9 hereinafter refered to as the Author.
 10
 11 In consideration of mutual promises and forebearances, the
 12 parties agree as follows:
 13
 14 Author's Grant.
 15  1. The Author grans permission to include his/her story
 16 entitled
 17 "_____________________
 18 ______________________," a work of
 19 approximately _________words, hereinafter referred to
 20 as the Work, in an anthology tentatively titled [anthology
 21 title], to be published in {clothbound and/or trade paper
 22 and/or mass market paper edition(s)} by {publisher,
 23 publisher's address}.
 24
 25 Rights Purchased.
 26  2(a).  This use of the Work by the Anthologist entails the
 27 assignment of First English Anthology Rights, for
 28 publication in the English language anywhere in the world.
 29 It is also understood and agreed that the Anthologist may
 30 use this Work only in the above-mentioned anthology and
 31 reprintings of it, and that the Author shall retain all
 32 other rights to the Work not specified here.
 33
 34  2(b). This use of the Work by the Athologist entials the
 35 assignment of First World Anthology Rights, both in the
 36 English language and in translation anywhere in the world,
 37 and in clothbound, paperback, book club, reprint, and Barille
 38 editions of the anthology. It is also understood and agreed
 39 that the Anthologist may use this Work only in the above-
 40 mentioned anthology and reprintings of it, and that the
 41 Author shall retain all other rights to the Work not
 42 specified here.
 43
 44 The Author grants permission for transcription of the Work
 45 into Braille, tape, talking, or oversized type book, only in
 46 the case that the Work or anthology is selected for such
 47 transcription by a nonprofit organization for the
 48 handicapped.
 49
 50  2(c). For this use of a previously published Work, the
 51 Author assigns to the Anthologist non-exclusive World
 52 Anthology Rights. The Author agrees to provide proper
 53 copyright information about the Work, and to provide
 54 information about the source of first publication for proper
 55 credits.
 56
 57 Payments and Royalties.
 58  3(a). For the rights granted to the Anthologist above,
 59 the Author will receive a payment in the sum of
 60 $_______, which will be paid within thirty (30) days of
 61 signing this agreement. This payment represents the
 62 Author's full share of advance royalties.
 63
 64 Once total royalties earned by the anthology equal the total
 65 amount paid out to authors, the Author will receive a 50/50
 66 pro rata share of the anthology's earnings, if any, earnings
 67 to include all income from trade, book club, reprint,
 68 translation, and foreign sales of the anthology, or any
 69 subsidiary rights sales income received by the Anthologist
 70 for this anthology.
 71
 72 From all earnings received by the Anthologist, less agent's
 73 fees for representation of the anthology, fifty percent
 74 (50%) will be distributed to Authors on a pro rata basis in
 75 terms of the published word count of the Work at least twice
 76 each calendar year, on or before June 30th and December
 77 30th. All other expenses other than agent's fees and
 78 advances against royalties must be met by the Anthologist
 79 for his/her share.
 80
 81 3(b). For the rights granted to the Anthologist above,
 82 the Author will receive a payment in the sum of
 83 $______, which will be paid within thirty (30) days of
 84 {signing this agreement/publication of the anthology}.In
 85 the event of sale of the anthology to a mass market
 86 publisher for reprint publication, the Author will receive a
 87 50/50 pro rate share of the anthology's earnings, if any,
 88 earnings to include all income from trade, book club,
 89 reprint, translation, and foreign sales of the anthology, or
 90 any subsidiary rights sales income received by the
 91 Anthologist for this anthology.
 92
 93 From all earnings received by the Anthologist, less agent's
 94 fees for representation of the anthology, fifty per cent
 95 (50%) will be distributed to Authors on a pro rata basis in
 96 terms of the published word count of the Work at least twice
 97 each calendar year, on or before June 30th and December
 98 30th. All other expenses other than agent's fees and
 99 advances agains royalties must be met by the Anthologist
 100 from his/her share.
 101
 102 Access to Records.
 103 4. In the event of Anthologist's failture to make timely
 104 payment, the Author may have access in person or by his/her
 105 agents or by power of attorney to all financial records of
 106 the above-named anthology upon presentation of a copy of
 107 this agreement to the appropriate location of said records.
 108
 109 Authors' Warranties and Indemnities.
 110 5. The Author represeants and warrants that he/she is the
 111 sole author(s) of the Work, {that the Work is original}, and
 112 that no one has reserved the rights granted in this
 113 agreement. The Author also represents, to the best of
 114 his/her knowledge, that the Work does not contain any
 115 libelous material, and is not in violation of any rights of
 116 privacy or any other rights of third persons, and does not
 117 violate any existing common law or statutory copyrights, and
 118 has not been published before in any form.
 119
 120 The Author agrees to hold the Anthologist harmless against
 121 any judgement finally sustained that the Work contains libel,
 122 plagiarism and/or invasion of privacy.
 123
 124 No competing Publication
 125 6. The Author agrees not to publish or permit others to
 126 publish this Work in any form prior to its publication and
 127 appearance in the above-named anthology, nor until six
 128 months after the appearance of the anthology.
 129
 130 Author's Copies.
 131 7. The Anthologist agrees to provide the Author with one
 132 complimentary copy of the original edition of the anthology
 133 upon publication, and to the best of his ability, to provide
 134 copies of other editions that may be published in North
 135 America, and to inform Author or any other editions which
 136 are planned or may appear.
 137
 138 The Author agrees to inform the Anthologist of his/her
 139 current address.
 140
 141 Changes in Text or Title.
 142 8. The Anthologist agrees to make reasonable efforts to
 143 notify the Author in advance of any editorial changes in
 144 title and/or text of the Work, and to secure the Author's
 145 approval for any such changes whenever possible. Author
 146 agrees that such approval will not be unreasonably withheld.
 147
 148 The Anthologist will furnish the Author with galley proof or
 149 page proof of the Work. Author agrees to return such proof
 150 with corrections in not more than thirty (30) days from
 151 receipt thereof.
 152
 153 Reversion of Rights.
 154 9. In the event that the above-mentioned anthology has not
 155 been publsihed within 24 months of signing of this
 156 agreement, rights revert to the Author, and the Author has
 157 the right to sell or arrange for publication of the above-
 158 named Work in any manner, with the reservation that the
 159 Anthologist will have the non-exclusive, one-time right to
 160 include the above-named Work in an anthlogy of stories
 161 about {the theme and/or principal content of this anthology}
 162 at any time in the future without paying any additional
 163 monies beyond those already paid to Author under this
 164 agreement, and without prejudice to all other rights of the
 165 Author in this agreement. Author is expected to make no
 166 repayment of advances if for any reason--publication delays
 167 or otherwise--rights under this agreement have reverted to
 168 the Author.
 169
 170 Copyright.
 171 10. The Anthologist agrees to list a proper copyright
 172 notice for the Work in the name of the Author in the front
 173 matter of the anthology, and to take all necessary steps to
 174 protect the Author's copyright in the United States, and in
 175 the International Copyright Union.
 176
 177 Venue.
 178 11. This agreement shall be deemed exectd under the laws
 179 of the state of {anthologist's or author's state of
 180 residence}. _____{State}______ law shall be the applicable
 181 law of this agreement.
 182
 183 The parties acknowledge that each had read and understood
 184 this contract before execution.
 185
 186 In witness whereof the parties have executed this contract
 187 in duplication originals on this _____day of ______,
 188 19__.
 189
 190
 191 _____________________________________ __________
 192 Author or Author's agent               Date
 193
 194 If signed by Agent, give Agent's address where payment
 195 should be sent.
 196
 197 ___________________________
 198
 199
 200 ___________________________
 201 Author/Agent Social Security or Tax ID Number
 202
 203 ___________________________
 204 {name}, Anthologist    Date
 205
 206 Please sign and return all copies. One copy signed by all
 207 parties will be returned for your files.

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