Zhang is writing an inspirational book called Tomorrow. He wants to sign a book publishing contract with a publishing house. How should he sign?

The lawyer answered the question.

A book publishing contract refers to an agreement reached between a book publisher and an author or other copyright owner on publishing a work and paying remuneration. The basic content of a book publishing contract is: (1) The author should deliver the manuscript on the date agreed in the contract, and the manuscript should be created in the way agreed in the contract to meet the standards agreed in the contract. (2) The author should ensure that there is no infringement or breach of contract in the delivered manuscript. If the author violates this guarantee obligation, he may be liable for damages to the publishing house. (3) The publishing house is responsible for publishing the manuscript submitted by the author, and all expenses related to publishing shall be borne by the publishing house, which shall pay the author remuneration according to the amount, date and method agreed in the contract. (4) The publishing house obtains exclusive publishing rights through contracts. During the validity of the contract, the author shall not permit a third party to publish in the same way. (5) There should be a clear agreement on the area and duration of exclusive publishing rights. Unless otherwise stipulated in the contract, the author also reserves the right to perform, record, shoot, play, exhibit, adapt, translate or use his works in any other way. If a publishing house wants to represent some rights other than copyright, such as translation rights, it should clearly stipulate with the author in the publishing contract. (7) What if the book is out of stock after publication? According to the provisions of Article 31 of the Copyright Law, the author has the right to request the publishing house to reprint or republish the work after discovering that it is out of stock. (8) It should be clearly stipulated in the contract that after the publication of the work, the author can obtain sample books and the number of books that can be purchased at preferential prices. (9) If the publisher and the author agree to reprint the book, the publisher should ask the author for any amendments before reprinting the book. (10) It is stated in the contract that if the publisher wants to modify the manuscript, it must be approved by the author. ( 1 1)

If the publishing house actively invites the author to create a manuscript, but the author still fails to reach the publishing level after repeated revisions, the publishing house should also pay an appropriate amount of contract fees according to the contract or relevant regulations. (12) After publishing a work, the publishing house shall return the manuscript to the author. (13) damages to the author. If the manuscript cannot be published due to reasons such as the publishing house, the publishing house should not only pay all the remuneration payable to the author, but also compensate the author for the damage caused by not publishing the book.

In this case, the book publishing contract can refer to the following format:

Book publishing contract

Party A (copyright owner): Zhang Address:No. X Road, XX County, XX City, Tel: XX.

Party B (publisher): ×× Publishing House Address:No. ×× Road, XX County,No. ××× Road, XX County.

Name of work: Tomorrow

Author's name: Zhang

Party A and Party B have reached the following agreement on the publication of the above works:

first

Party A grants Party B the exclusive right to use the above works in the form of books within the validity period of this contract.

second

The works published and distributed under this contract shall not contain the following contents:

1. Oppose the basic principles stipulated in the Constitution; 2. Endangering national unity, sovereignty and territorial integrity; 3. Endangering national security, honor and interests; 4. Inciting ethnic divisions, infringing on the customs and habits of ethnic minorities and undermining national unity; 5. divulging state secrets; 6. Propagandizing obscenity, superstition or violence, endangering social morality and excellent national cultural traditions; 7. Insulting or slandering others; 8 other contents prohibited by laws and regulations.

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Party A guarantees that it has the rights granted to Party B in Article 1. If the exercise of the above rights infringes the copyright of others, Party A shall bear all the responsibilities and compensate the losses caused to Party B, and Party B may terminate the contract.

Article 4

If Party A's above-mentioned works contain contents that infringe others' personal rights such as reputation rights, portrait rights and name rights. Party A shall bear all responsibilities and compensate for the losses caused to Party B, and Party B may terminate the contract.

Article 5

The content, length, style, charts and appendices of the above works shall meet the following requirements:

Article 6

Party A shall deliver the original manuscript of the above works to Party B before ×××××××× 20 15. If Party A fails to submit the manuscript on time, it shall notify Party B 15 days before the expiration of the manuscript submission period, and the two parties shall agree on the date of submission separately. If Party A fails to deliver the manuscript at the due date, it shall pay Party B a penalty of 5% of the remuneration agreed in this contract, and Party B may terminate the contract.

The manuscript delivered by Party A shall be signed and sealed by the author.

Article 7

Party B shall publish the above works 20 15 years ago, with a minimum print run of 10000 copies. If Party B fails to publish on time, it shall notify Party A 15 days before the expiration of the publication period, and pay Party A a penalty of 5% of the remuneration agreed in this contract, and both parties shall agree on the publication date separately. If Party B fails to publish the works within the time limit agreed otherwise, except for force majeure, Party B shall pay compensation to Party A and return the original works as agreed in this contract, and pay compensation to Party A according to 5% of the remuneration, and Party A may terminate the contract.

Article 8

During the validity of this contract, neither party may license the rights agreed in Article 1 to a third party without the consent of both parties. In case of violation, the other party has the right to demand economic compensation and terminate the contract. If one party permits a third party to use the above rights with the consent of the other party, it shall pay 5% of the remuneration to the other party.

Article 9

Party B shall respect the signature method determined by Party A. If Party B needs to change the name, modify, abridge, add charts, preface and postscript of the above works, it shall obtain Party A's consent and written approval.

Article 10

The sample of the above work shall be reviewed by Party B. ..

Article 11

Party B shall pay labor remuneration to Party A in one of the following ways and standards: one-time remuneration of ××××× yuan.

Article 12

Party B shall pay Party A in full within 30 days after Party A submits the manuscript.

Within 5 days after the signing of this contract, Party B shall pay10% _ _ _ _ (RMB) of the above remuneration to Party A in advance.

If Party B fails to pay the remuneration within the agreed time limit, Party A may terminate the contract and require Party B to continue to perform the remuneration obligations.

Article 13

If the manuscript delivered by Party A does not meet the requirements specified in Article 5 of this contract, Party B has the right to request Party A to make corrections. If Party A refuses to make amendments according to the provisions of this contract, Party B has the right to terminate this contract and demand Party A to return the advance payment stipulated in Article 12 of this contract. If Party A agrees to the modification, and the modification still fails to meet the requirements of Article 5 of this contract, the advance payment will not be returned to Party B; Article 14

Within 2 years after the first publication of the above works, Party B may reprint them at its own discretion. Two years after the first publication, Party B shall notify Party A in advance to reprint it. If Party A needs to modify the work, it shall reply to Party B within 10 days after receiving the notice, otherwise Party B may reprint it according to the original version.

Article 15

If Party B reprints or reprints, it shall notify Party A of the reprinting quantity and pay Party A the remuneration according to Article 1 1 within 30 days of reprinting or reprinting.

Article 16

Party A has the right to check the remuneration accounts payable by Party B to Party A. When Party A entrusts a third party to check, it shall provide a written power of attorney. Where Party B intentionally underpays Party A's due remuneration, it shall not only make up the due remuneration to Party A, but also pay compensation of 5% of the total remuneration and bear the verification expenses ... If the verification results are consistent with the payable remuneration provided by Party B, the verification expenses shall be borne by Party A. ..

Article 17

During the validity of the contract, if the books are out of stock, Party A has the right to request Party B to reprint them. If Party A refuses to reprint or reprint after receiving Party B's written reply, or Party B fails to reprint or reprint within 2 months after receiving Party A's written request, Party A may terminate the contract.

Article 18

Party B shall return the original works to Party A within 30 days after the publication of the above works. If there is any damage, compensate Party A 1000 yuan; If it is lost, pay 5000 yuan.

Article 19

Within 30 days after the first publication of the above works, Party B presented 20 sample books to Party A and sold 100 books to Party A at a discount of 5%. Within 30 days after the second reprint, Party B will provide Party A with 20 sample books. ..

Article 20

During the validity of this contract, the methods and standards for Party B to publish the revised and abridged versions of the above works shall be agreed by both parties separately.

Article 21

During the validity of this contract, if Party A allows a third party to publish anthologies, anthologies and complete works containing the above works, it must obtain Party B's permission.

During the validity of this contract, if Party B publishes the anthology, anthology and complete works containing the above works, or allows a third party to publish the anthology, anthology and complete works containing the above works, it shall obtain the written authorization of Party A separately. If Party B is authorized by Party A, Party B shall promptly notify Party A of the publication of Selected Works and Complete Works and pay 40% of the remuneration to Party A.. ..

Article 22

During the validity of this contract, if Party A permits a third party to publish the electronic version of the above works, it must obtain the permission of Party B..

During the validity of this contract, if Party B publishes the electronic version of the above works or authorizes a third party to publish the electronic version of the above works, it shall obtain the written authorization of Party A separately. If Party B is authorized by Party A, it shall promptly notify Party A of the publication of the electronic version of the above works and pay 40% of the remuneration to Party A.. ..

Article 23

Without the written permission of Party A, Party B shall not exercise the rights beyond the scope authorized in Article 1 of this contract.

Article 24

Disputes arising from the interpretation or performance of this contract shall be settled by both parties through consultation. If negotiation fails, bring a lawsuit to the people's court.

Article 25

The modification, renewal and other matters not covered in this contract shall be negotiated separately by both parties.

Article 26

This contract shall come into force as of the date of signature, and the validity period shall be × years.

Article 27

This contract is made in duplicate, one for each party.

Party A: Zhang, and Party B: ×× Publishing House (signature and seal)

* * * year * * month * * year * * month * * day.

Legal link

Copyright law of the people's Republic of China

Article 30

When publishing a book, a book publisher shall conclude a publishing contract with the copyright owner and pay remuneration.

Collection of cases

There are generally two forms of book publishing contracts. A contract that applies to a manuscript that has been created and can be published after editing and processing is a general book publishing contract. The other is suitable for manuscripts that have not yet been created. At the invitation of the publishing house, the author enters into a contract with the publishing house, and then creates works according to the contract. This contract is a book publishing contract, which contains the terms of the manuscript. In China, some publishing houses are used to dividing the latter book publishing contract into two independent contracts, namely, draft contract and publishing contract.