THIS INKITT PUBLISHING AGREEMENT (the “Agreement”) is made this ENTER DAY day of ENTER MONTH, 2017 (the “Effective Date”), by and between Inkitt GmbH, Inselstraße 9, 10179 Berlin, Germany (the “Publisher”) and ENTER AUTHOR'S NAME ADDRESS (the “Author”), which term shall be deemed to include the Author's executor, devisees, heirs, and literary assigns).
Author desires the Publisher to publish the Author’s work titled ENTER TITLE (the “Work” or “Works”), and Publisher desires to publish the Work throughout the world and in any format, whether electronic or hard copy or otherwise, subject to the terms hereof;
In consideration of the promises hereinafter set forth and for valuable consideration, receipt whereof is acknowledged, the parties agree as follows:
“Book-Publication Rights” means the right to publish the Work in any print book format (hardcover and mass-market and trade paperback), as well as to publish in any other edition, format, or version described in Section 1.
“First-Serial Rights” means the rights to use all or any portion of the Work in the English language in newspapers, magazines and other periodicals (whether in one or more issues) before the date the Work is first available for sale to the public in book form, including the right to create for such usage abridged, adapted and condensed versions of the Work.
“Graphic-Book Rights” means the rights: (i) to create (or have created) Graphic Books in all languages based on the Work and to publish those Graphic Books in book form; (ii) to publish and to use those Graphic Books (as well as text, art or other excerpts from those Graphic Books) in electronic media and in any other form or media, and to exercise and exploit in connection with those Graphic Books the same additional and subsidiary rights that are granted to the Publisher by this Agreement in the Work; and (iii) to use the title of the Work in connection with, and in the advertising, promotion and publicity for those Graphic Books. A “Graphic Book” as used anywhere in this Agreement means a work derived from the Work consisting of sequential art with captions, boxes and/or bubbles of text (which text may be original, adapted from the Work and/or taken verbatim from the Work, and will include any Alt- text). Graphic Book Rights include, without limitation, the right to incorporate plot elements, characters, fanciful places, situations, facts, ideas and events taken or derived from the Work into a Graphic Book.
“Net Revenue” means the revenue actually received by Publisher from Royalty Sales or Licensing Sales, as applicable.
“Performance-Marketing Edition” means in any edition of the Work (hardcover, trade and mass-market paperback, electronic or ebook, or audio editions) sold through any method of performance marketing now or hereafter known, such as through Facebook Ads, Outbrain Ads, Twitter Ads, Amazon Ads, etc., or through marketing to customer contacts.
“Publishing Date” means the date on which Publisher first receives any Net Revenue hereunder.
“Translation Rights” means the rights to translate the Work into languages other than English, to publish full-length translations in book editions as well as rights to publish full-length translations in ebook, print and audio editions, and to use such full-length translations in electronic media, and to grant First Serial Rights, Second Serial Rights, Selection Rights, Graphic Book Rights and Sound Reproduction Rights (each as defined in this Section 2) in languages other than English.
“Second-Serial Rights” means the rights to use all or any portion of the Work in the English language in newspapers, magazines and other periodicals (whether in one or more issues) on or after the date the Work is first available for sale to the public in book form, including the right to create for such usage abridged, adapted and condensed versions of the Work.
“Selection Rights” means the rights (i) to create condensed, adapted and abridged English language versions of the Work, to publish and to use those versions; (ii) to use any portion of the English language text of the Work (as well as any artwork included in the Work) in electronic media; (iii) to use all or any portion of the English language text of the Work (as well as any artwork included in the Work) as part of a Collection in any media granted to the Publisher by this Agreement, and (iv) to grant permissions to use all or any portion of the Work in print and other media granted to the Publisher by this Agreement (including but not limited to reprographic and other image processing technologies for storage, display and printing of images of the printed page).
“Sound-Reproduction Rights” means the rights to create, to publish and to use in electronic media, non-dramatic English language readings of all or any portion of the Work (including condensed, adapted and abridged versions), together with introductory, concluding, transitional and narrative material, as well as background music and/or other incidental or background sounds, whether in the form of records, tape recordings, sound cassettes, compact discs, electronic media or other technologies now known or hereafter devised (“Audio Editions”).
Copyright of the Work, if not heretofore registered, shall be registered by the Publisher, upon first publication, in a timely manner in the name of the Author, (a) in the United States and (b) in such other countries as the Publisher deems feasible or desirable. The Publisher shall print the proper copyright notice or notices necessary to protect copyright to and in the Work on the reverse side of the title page or in another appropriate place, in every copy thereof, in the name of the Author. The Publisher shall also have the right to effect any renewals of copyright provided by law and the right to any assistance from the Author or Author’s heirs, successors, or assigns, essential thereto.
The Author shall deliver to the Publisher, in form and content satisfactory to the Publisher and at the Author's sole cost and expense, all photographs, drawings, captions, maps, charts, tables, appendices, notes, bibliography, and other matters required by this Agreement (“Supplemental Materials”), and all necessary third-party permissions therefor granting to Author the same and all rights to use the Supplemental Materials that Author grants in the Work under this Agreement. Permissions shall cover all territories, rights, formats, versions and editions covered by this Agreement.
Author shall not publish, or cause or permit to be published, any written work on the same or similar subject matter as the Work that would compete with or would be reasonably likely to affect prejudicially the sales of the Work or the exploitation of any rights or subsidiary rights in the Work granted to the Publisher under this Agreement. Author will cooperate with and not interfere with Publisher’s distribution and sale of the Work herein specified, provided, however, that nothing herein shall limit or restrict Author’s ability to pursue other works completely different from the Work published hereunder
Sometimes even the best love stories end. Hopefully this will not happen to us, but just in case we need to set some ground rules, for both of us.
If Inkitt fails to sell more than 1,000 copies of your book during within the first year of the Publishing Date, you can cancel the contract after notifying us in writing and all of your rights will revert back to you.
Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing, by email (provided receipt is confirmed by the recipient party hereto) or by regular mail, certified or registered and return receipt requested. If by regular mail, any such notices to the appropriate address set forth above, or such other address as a party may provide for notice in accordance with this Section.
This Agreement shall be binding upon and inure to the benefit of the executors, administrators, and assigns of the Author and upon and to the successors and assigns of the Publisher. Author may not assign this Agreement without the express written permission of Publisher. Publisher may assign this Agreement at its discretion. Any purported assignment in breach of this Section 14 shall be null and void and of no effect.
This Agreement shall be interpreted and construed in accordance with the laws of the State of New York applicable to contracts made and to be entirely performed therein, without giving effect to New York’s choice-of-law rules or to any rule of construction that allows or directs that ambiguities be construed against the drafter of a contract. The state courts of the State of New York in and for New York County, and if the jurisdictional prerequisites exist, the United States District Court for the Southern District of New York, and no other court or tribunal, shall have sole and exclusive jurisdiction to hear and determine any dispute or controversy arising under or concerning this Agreement. With respect to any such action or proceeding, each party hereto irrevocably (a) consents and submits to the personal jurisdiction of said courts, and (b) waives any defense of lack of personal jurisdiction and/or inconvenient forum and/or improper venue. Each party hereby consents to service of process upon him/her/it either personally or by registered or certified mail, postage prepaid, return receipt requested, at the addresses given above or in Section 13.