Folded Space, an Audio Science Fiction Anthology
PUBLISHING AGREEMENT
First Publication Rights
This contract is made between: [THE PUBLISHER], and his successors and assigns, hereinafter referred to as the PUBLISHER, and [AUTHOR] of [COMPLETE ADDRESS] hereinafter referred to as the AUTHOR.
The parties agree as follows:
1. The Author grants permission for the Publisher to include the story: [STORY TITLE] (the Work), comprising [WORD COUNT] words, in an episode of Folded Space podcast (the Podcast) for first publication in the English language in all countries throughout the world. The Author grants the Publisher worldwide English language non-exclusive nondramatic audio performance rights to the Work solely for use in the Episode of the Podcast.
The Author understands and agrees that the Publisher shall distribute the Episode under a Creative Commons “Attribution Non-Commercial No-Derivatives” 4.0 International license (“CC License”). The Author and Publisher understand and agree that the (“CC License”) applies only to the Podcast Episode audio performance of the Story, that no public license is granted for any other use of the Author’s work and that copyright of the Episode shall vest in the Publisher.
The Author understands the Publisher retains the right to offer the Episode containing the Work for sale for as long as they choose across any and/or all audio formats and platforms.
2. (a) Where it is agreed that the Work is to receive first English language publication on the Folded Space podcast, the Author agrees not to publish or permit others to publish the Work in any form prior to the airing of the Episode or for a period of six (6) months after the publication of the Episode without the prior written permission of the Publisher.
If the Work is selected for a “best of the year” anthology, the Publisher agrees to waive this clause, provided the Author gives the Publisher prior written notice of the selection by such an anthology.
(b) The Author further grants the Publisher the right to nonexclusively archive the Work online as part of the Episode, as long as the Publisher maintains the Folded Space website.
3. For the rights granted to the Publisher in this Agreement, the Author will receive a
payment in the sum of $0.02 USD per word will be paid on the 7th day of the month
following publication, either via PayPal or Amazon.com gift card (at the Author’s preference, as indicated in this contract).
Any PayPal fees are the responsibility of the Author as per PayPal’s terms of use for payment of goods and services. The Publisher shall make no tax withholding from the Payment under this Agreement. The Author is not entitled to receive any employment benefits, including without limitation vacation pay, sick leave, retirement benefits, Social Security, workers’ compensation, disability or unemployment benefits as a result of the Payment.
4. It is agreed that the Publisher may terminate this Agreement after the Author is in receipt of the Payment. As compensation for the release of obligations and in recognition of the time and inconvenience incurred by the Author upon said termination, the Author shall retain the Payment. All rights will immediately revert to the Author upon being notified of such termination.
5. The Author grants Publisher the right to use the Author’s name, image, likeness, and biographical material for all advertising, promotion and other exploitation of the Work.
6. All rights not expressly granted by the Author reside exclusively with the Author.
7. The Author warrants that they are the sole author of the Work; that they are the owner of all the rights granted to the Publisher hereunder and have full power to enter into this agreement and to make the grants herein contained; that the Work is original and any prior publication of the Work in whole or in part has been fully disclosed to the Publisher; that the Work does not violate the right of privacy of any person; that, to the Author’s knowledge, it is not libelous or obscene and contains no matter which is libelous, in violation of any right of privacy, harmful to the user or any third party so as to subject the Publisher to liability or otherwise contrary to law; and that it does not infringe upon any copyright or upon any other proprietary or personal right of any person, firm or corporation.
8. The Author will indemnify the Publisher against any loss, injury, or damage financially sustained (including any legal costs or expenses and any compensation costs and disbursements paid by the Publisher) occasioned to the Publisher in connection with or in consequence or any breach of this warranty and which the Publisher is not able to recover under its insurance policies.
9. The Publisher will make no alterations to the Work’s text or title without the Author’s written approval in e-mail or hardcopy. The Publisher reserves the right to make minor copyediting changes to conform the style of the text to its customary form
and usage.
10. The Publisher agrees to make proper copyright notice for the Work in the name of the Author in the Episode, and on the Publisher’s websites, and, if published in print, on an appropriate copyright page and/or table of contents. The Author will be credited as: [AUTHOR’S BYLINE].
11. If the Publisher fails to publish the Work within 24 months of the date of this Agreement, all rights granted hereunder shall immediately revert to the Author. In such event, the Author shall retain any payments made under this Agreement prior to such reversion.
12. If the Author fails to sign and return this Agreement within sixty (60) days of receipt, or if the Payment is not received in accordance with the terms above, the Publisher’s offer to purchase the work shall be considered withdrawn and all rights granted hereunder shall immediately revert to the Author.
13. Regardless of its place of execution, this agreement shall be interpreted under the laws of the United States of America.
The parties acknowledge that each party has read and understood this contract before execution.