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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.