Autorenvertrag englisch

§ 1 Subject Matter of Agreement

1. Subject matter of this Agreement ... an existing work / a work still ... be written ... the field / ... the issue of ... .

2. ... title / working title is: ... . ... title shall be finally determined by ... author ... cooperation with ... publishing company, whereby ... author may object ... the decision of ... publishing company if he/she cannot be reasonably expected ... accept it according ... the principles of good faith.

 

§ 2 General Responsibilities of ... Author

1. ... author shall write ... work ... that according ... its nature ... purpose, it corresponds ... the most recent knowledge ... facts as well as ... recognized professional standard ... the field ... issue discussed ... it.

2. ... author shall procure third-party text and/or image setting copies required for ... work at ... expense of ... ... shall obtain ... relevant existing rights of third parties according ... the scope he/she grants such rights ... the publishing company pursuant ... § 5 below.

3. ... following conditions apply ... the software required for preparation of ... manuscript: ... .

 

§ 3 Length of ... Work / Shortening ... Other Modifications of ... Manuscript / Delivery

1. ... length of ... work shall amount ... ... printed sheets / ... printed pages / ... words / ... characters (disregarding codes ... similar signs).

2. ... the event that ... agreed length ... (substantially) exceeded, ... publishing company may request ... author ... shorten ... manuscript accordingly without additional remuneration or, ... a very pressing case, may itself carry out such shortening ... cause it ... be carried out at ... author's expense.

3. ... author shall provide ... complete manuscript, ready for printing ... typewritten / stored electronically ... disk - ... latter together with a hard copy -, including ... third-party text and/or image setting copies he/she has ... obtain, ... the publishing company no later than ... . Should this date ... an extension period of ... be exceeded, ... publishing company may rescind this Agreement.

4. ... publishing company ... entitled ... alter ... appearance ... other formal aspects of ... manuscript including its formatting, inasfar as this ... objectively necessary for publication.

 

§ 4 No Legal Reservations / Duty ... Refrain ... Competitive Restriction

1. ... author hereby warrants that ... work ... the third-party text and/or image setting copies he/she has personally obtained do not infringe ... rights of third parties (including their right ... privacy), ... that he/she ... entitled ... dispose of ... copyrights required for performance of this Agreement, ... that ... far he/she has not made a disposition which conflicts with ... grant of rights pursuant ... § 5 below (without prejudice ... any disposals made ... collecting societies).

2. ... author shall refrain from publishing ... work elsewhere during ... term of this Agreement. For ... same period of time he/she hereby undertakes not ... publish ... cause ... be published, without ... consent of ... publishing company, another work ... the same field ... on ... same issue which appears capable of seriously competing with dissemination of ... work which ... the subject matter of this Agreement.

 

§ 5 Grant of Rights

1. ... author hereby grants ... publishing company ... exclusive rights, which are not limited geographically ... in time ... for ... statutory copyright term, of reproduction ... dissemination / of electronic storage ... a storage medium (in particular, an on-line database) as well as of incorporeal transmission ... communication ... a screen (on-line use including intranet, extranet ... internet), namely for all press runs without any limitation as ... quantity ... for all printed editions / machine-readable data carrier editions (in particular, disks, CD ROMs ... DVDs) and/or for any number of individual transmission acts, on-line downloads, screen presentations ... print-outs ... paper form. ... the event that use ... data carriers and/or on-line use ... permitted pursuant ... sentence 1 above, ... grant of rights shall also cover interactively utilizable multimedia productions.

2. ... addition, ... author hereby grants ... publishing company for ... duration of ... main rights granted pursuant ... Clause 1, first sentence above, ... following subsidiary rights:

a) ... right ... preprint ... to reprint as well ... translate ... work into other languages;

b) ... right ... publish a pocketbook, paperback, study, special ... book club edition;

c) ... right ... publish a microcopy, microfiche ... microform edition;

d) ... right ... adapt ... to record ... work ... videogram and/or phonogram (including audio cassettes ... audio CDs) ... the right ... publicly ... individually communicate such recording;

e) ... right ... make other reproductions, ... particular, by way of photomechanical ... similar processes (e.g. photocopies, telecopies);

f) ... right ... publish ... work by way of teletext, videotext ... similar processes;

g) ... right of public communication by way of radio ... television broadcasting including via satellite ... cable;

h) ... right ... independently, commercially use motifs of ... contents ... characters (so-called merchandising right);

i) (other rights:) ...;

j) ... right ... grant licenses ... third parties for ... exercise of subsidiary rights pursuant ... lit. a) ... i) above.

The subsidiary rights pursuant ... lit. ... are granted as exclusive rights, those pursuant ... lit. ... are granted as non-exclusive rights.

 

§ 6 Right ... Obligation ... Publish / Date of Publication

1. ... publishing company ... entitled ... obligated / entitled yet not obligated ... exploit ... main rights granted ... it pursuant ... § 5 (1) above. ... case of an obligation ... publish ... work, this ... presumably take place

... .

2. ... publishing company ... entitled yet not obligated ... exploit ... subsidiary rights pursuant ... § 5 (2) above.

 

§ 7 Number of Copies Published / Presentation / Price

The publishing company reserves ... right ... determine ... number of copies published and/or ... number of on-line downloads, ... presentation ... the retail sales price / ... fee payable for on-line use.

The retail sales price and/or ... fee payable for use may be increased ... reduced at a later point ... time.

 

§ 8 Corrections

1. Final corrections ... the manuscript shall be carried out by ... author without additional remuneration being payable.

2. ... author shall carry out final corrections ... the manuscript within ... after receipt, ... manuscript having been pre-corrected by ... publishing company, a setting ... repro company ... by ... printer, ... shall immediately declare ... work ready for publication. ... the event that ... above period ... an extension of ... are exceeded, ... publishing company may either carry out ... final corrections itself ... may cause

them ... be carried out at ... expense of ... author, ... may rescind this Agreement.

3. Additional costs - computed according ... the publishing company's cost price - resulting from subsequent alterations ... the ready-to-print manuscript ... after formatting has been completed, shall be borne by ... author inasfar as they exceed 10 percent of ... typesetting ... formatting costs.

 

§ 9 Revision of ... Work / Incapacity of ... Author

1. ... author shall revise ... work under ... following circumstances ... at ... following conditions: ... .

2. ... the event that as a result of illness ... death ... author ... unable ... for other reasons unwilling ... revise ... work pursuant ... Clause 1 above, ... publishing company may either carry out such revision ... may cause such revision ... be carried out at ... expense of ... author, ... may rescind this Agreement.

 

§ 10 Identification of ... Author

1. ... publishing company shall identify ... author by name ... the title page of ... printed edition / ... data carrier edition ... on its jacket / sleeve and/or at ... start of each on-line use of ... work.

2. ... case of incapacity of ... author within ... meaning of § 9 (2) above, where revisions of ... work are published which still bear ... author's definitive stamp, ... publishing company may cease ... identify ... author as of ... ... (third) revision / after a period of ... years after publication of ... first revision / after a period of ... years after ... first revision was first made available for on-line use.

 

§ 11 Remuneration / Participation ... Proceeds Deriving from Related

Rights / Due Date

1. For each ... every copy sold ... paid, which ... not returned, and/or for each on-line use subject ... a fee ... paid, ... author shall receive remuneration amounting ... ... percent of ... net retail sales price / ... percent of ... publisher’s net release price / ... percent of ... net annual turnover achieved by ... work / ... percent of ... net user fee paid per on- line download / a lump sum remuneration of Euro ... .

2. Should ... author receive a lump sum remuneration ... should ... quantity of copies sold ... paid ... not returned and/or ... number of on-line downloads subject ... a fee ... paid, exceed ... copies/... downloads, ... author shall be entitled ... an additional remuneration amounting ... ... percent of ... net retail sales price / ... percent of ... publisher’s net release price / ... percent of ... net annual turnover

achieved by ... work / ... percent of ... net user fee paid per download / a

lump sum remuneration of Euro ... for those copies / downloads ... excess of that number which are sold / subject ... a fee ... paid, ... to a further lump sum of Euro ... ... excess of ... copies/... downloads.

3. No remuneration ... payable ... voucher, complimentary, obligatory, test, advertising ... review copies. So-called one-free-with-ten copies ... postal replacement copies are subject ... remuneration.

4. ... case of incapacity of ... author within ... meaning of § 9 (2) above, should revisions of ... work be published which still bear his/her definitive stamp, ... percentage remuneration pursuant ... Clauses 1 ... 2 above and/or ... additional lump sum remuneration pursuant ... Clause 2 shall be reduced by ... (50) percent for ... first revision ... by a total of ... (75) percent for ... second revision. ... claim for remuneration shall lapse as of ... ... (third) revision.

5. ... author shall also receive a share ... the net proceeds of ... publishing company for exploitation of ... related rights within ... meaning of § 5 (3), lit. ..., as follows: ... percent for use of ... related rights pursuant ... lit. ..., ... percent for use of ... related rights pursuant ... lit. ... .

6. Statements of account ... payments shall be made twice a year / once a year per 30 June / 31st December, during ... following quarter. Where a lump sum remuneration within ... meaning of Clause 1 ... agreed on, it shall be payable as follows: ... .

 

§ 12 Complimentary Copies / Right of Access

1. ... author shall receive ... complimentary copies of each press-run of ... print edition / ... complimentary copies of each press-run of ... data carrier edition. He/She may obtain additional copies at a ... percent discount ... the retail sales price. Access free of charge ... the work stored electronically ... a storage medium shall be subject ... the following conditions: ... .

2. ... author may not sell for a consideration ... complimentary copies ... the copies obtained at a discount.

 

§ 13 Sale of Remainders / Reduction of ... Fee for Use

1. ... publishing company may sell any remaining copies of ... printed edition / data carrier edition and/or reduce ... fee for on-line use at its discretion if ... sales / ... number of on-line downloads subject ... remuneration have been below ... copies / ... downloads per year ... two consecutive calendar years.

2. ... author shall participate ... the proceeds of ... sales of remainders / ... the reduced fee for use at ... rate of his/her percentage remuneration pursuant ... § 11 (1) less ... proportionate effective production costs of ... printed edition / data carrier edition.

3. ... publishing company shall inform ... author ... good time prior ... the sale of remainders / a reduction ... the fee for use ... shall offer ... the author ... remaining copies intended for sale at ... remainder price, less his/her percentage remuneration pursuant ... § 11 (1) above.

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