casover publishing
Please choose a widget from the dropdown.
£0.00 0

Basket

No products in the basket.

Publisher Agreement

Publisher Agreement


Definitions

For the purposes of this Agreement, the following terms shall have the meanings set forth below:

  • "Work(s)": Refers to the literary, artistic, or other creative content provided by the Author to the Publisher for publication under this Agreement, including any drafts, manuscripts, or other materials related thereto.

  • "Net Sales Revenue": Refers to the total revenue generated from the sale of the Work(s), less applicable taxes, discounts, and other deductions as agreed upon in this Agreement.

  • "Third-Party Platforms": Refers to external publishing and distribution platforms, such as Amazon Kindle, where the Publisher may publish and sell the Work(s) on behalf of the Author.


1. Grant of Rights

1.1. The Author hereby grants the Publisher the exclusive/non-exclusive right to publish, distribute, and sell the Work(s) titled in any format, including but not limited to print, digital, and audio formats, worldwide. This includes the right to publish on third-party platforms such as Amazon Kindle.

1.2. The Publisher shall have the right to market, advertise, and sell the Work(s) through all available channels and retain the right to determine the pricing of the Work(s), subject to prior consultation with the Author.

1.3. All rights not expressly granted to the Publisher under this Agreement remain with the Author.


2. Author Representations and Warranties

The Author represents and warrants that:

2.1. They are the sole owner of the Work(s) and have full legal rights to grant the publishing rights specified herein.

2.2. The Work(s) are original, do not infringe upon any copyright, trademark, or other intellectual property rights, and contain no libellous or unlawful content.

2.3. If the Work(s) were previously published, the Author has obtained a reversion of rights, non-objection letter, or other documentation from the previous publisher granting them the ability to re-publish the Work(s). Copies of these documents will be provided to the Publisher upon request.

2.4. The Author will indemnify and hold harmless the Publisher from any and all claims, damages, or expenses arising from a breach of this clause.


3. Publisher Responsibilities

3.1 The Publisher agrees to publish the Work(s) in a professional format and ensure proper editing, formatting, and design.

3.2 Distribute the Work(s) through all agreed channels, including online retailers, print-on-demand services, and other appropriate platforms.

3.3Provide the Author with regular royalty statements and payments in accordance with the terms set out in Clause 6.


4. Promotion

4.1 Author grants to Publisher the right to promote the Work in any manner, including catalogues, advertisements, online promotions. Author agrees to cooperate with Publisher in promoting the work. Publisher shall have sole discretion with respect to the marketing, promotion, price and discounts of the Work on the Internet or other digital networks pursuant to the Agreement. The publisher shall to the best of its ability ensure that the copyright notice shall appear in accordance with UK Copyright Law, showing the author (or duly assigned representative or entity) as the owner and holder of the copyright to the work.

4.2 Author’s Name and Publisher’s Trademark: The Publisher shall have non-exclusive right to use the Author’s name, likeness, and biographical material for the purpose of advertising, publishing, and promoting the work itself, its title, and all material, including characters in the work, through their use on or in connection with the merchandise. Author retains the right to characters, series titles or trademarks they developed and the publisher shall have non-exclusive use of same to needed to publish and promote authors work.  Author may use a pseudonym or their real name. We do not require exclusive use of the name.

4.3 The Author shall not have the rights to, or in, any trademark, service mark trade name, or logos used by the Publisher, unless expressly permitted to do so in writing. The Author may, with publisher's permission, have limited use of the Publisher's logo in approved promotional material. Author may also use the cover illustration in their promotional materials. Author may not provide the Publisher's copyrighted cover for use to other publishers such as audio, print, etc. without permission and probable remuneration for such use.


5. Documentation and Verification

To meet third-party platform requirements, the Author agrees to provide, where applicable:

5.1. A letter from a previous publisher reverting rights to the Author.

5.2. A signed copy of the agreement between the Author and any previous publisher, verifying the Author’s rights to the Work(s).

5.3. A signed letter from the previous publisher indicating no objection to the publication of the current edition.

5.4. Any additional documentation requested by the Publisher to demonstrate the Author’s publishing rights.


6. Fees and Royalties

6.1. For exclusive publishing agreements, the Author will receive 40% of net sales revenue generated from the sale of the Work(s) through the Publisher’s platforms, including but not limited to Casover.com.

6.2. For non-exclusive agreements, the Author will receive 25% of net sales revenue from sales on third-party platforms, such as Amazon Kindle or other external outlets.

6.3. The Publisher may charge a one-time setup fee which covers formatting, design, and ISBN registration. This fee applies only to non-exclusive agreements.

6.4. Royalty payments will be made monthly within 10 days of the end of each calendar month.

6.5. In cases where the Author terminates this Agreement prematurely (outside of Clause 16), the Publisher reserves the right to deduct any unrecovered costs incurred from the Author’s royalties.


7. Backup

7.1 Publisher will not be liable for lost manuscripts or defective media. Author should always keep a backup copy.


9. Final Manuscript

9.1 Failure to deliver acceptable, final revised manuscript in the length of time agreed upon, within reasonable limits, will void this contract.


10. Cover Art

10.1 "Cover" art may be provided by and copyrighted by the publisher or the Author may be required to provide it. However, if the author has cover art he/she wishes to provide, author must warrant that provided art, whether hand, computer, photo or AI generated, is either owned by the author or doesn’t infringe on any copyrights. Author provided art needs to meet certain specifications, so if the author wishes to submit cover art, check with us before preparation. Publisher has final approval on all art used, in consultation with author.


11. Website

11.1 Publisher will make every effort to maintain the web site and update it on a regular basis. Publisher will not be liable for site downtime or interrupted transmissions.


12. Editing

12.1 Publisher shall have the right to edit the Work to ensure proper style, spelling, grammar, formatting and ensure saleability of the Work. Publisher shall not make any changes, or additions to, or eliminations from the work without the consent of the author.


13. Other

13.1. Sales Clauses: Clause for royalties on books sold at conferences, signings, etc, and in stores, either online or "physical": Author will receive 25% royalty of the net retail price after the store or organisation's deduction. Author has the option of striking the outside sales clause. However, their books will not then be available at stores or signings unless they purchase books at retail, or purchase their discount option books to use.
Author has the option of striking this clause.

13.2. Short Run Printing clause: In the future, Author will have the option to publish the Work via short run printing, which will be a mass market paperback provided through a printing company. Such company may require a fee from the Author which will be the Author's responsibility. Publisher and Author will agree upon terms and on royalties to be paid on these books as a separate agreement.
Author has the option of striking this clause.


14. Indemnification

14.1 Author shall indemnify and hold harmless Publisher from and against all claims, suits, demands, actions and proceedings, judgments, penalties, damages, costs and expenses (including legal fees and costs), losses or liabilities of any kind which may arise or result from

14.2 The Work, or any part thereof, infringing the copyright, trademark, trade secret or other intellectual property rights of any other person,

14.3 From breach of any foregoing representations or warranties of the Author, and

14.4 Any misuse by any End User of any information or alleged information contained in the Work.

With respect to the foregoing indemnification:

(i) Author shall notify the Publisher of and keep fully advised of any claim or suit;

(ii) Publisher shall have the right to participate, at its expense, in any suit instituted against it and to approve any attorneys selected by the other party to defend it, which approval shall not be unreasonably withheld or delayed; and

(iii) Author assuming the defence of a claim or suit against the Publisher shall not settle such claim or suit without the prior written approval of the Publisher, which approval shall not be unreasonably withheld or delayed. It is understood and agreed that Author shall have the non-exclusive right to take all necessary legal actions against any infringement of the Work.

If, in the sole determination and discretion of Publisher, further marketing, publication and sale of the Work will no longer be a profitable venture, Publisher may discontinue publishing, distributing and selling Work. Publisher may terminate this Agreement at any time by giving 30 days written notice via email to Author providing Publisher pays all amounts due to Author within that time. Termination of this Agreement by either Author or Publisher shall not affect the rights of any Purchaser.


15. Modification

15.1 This is the complete and exclusive Agreement between Publisher and Author and supersedes all proposals, oral or written, and all other communications between the parties relating to the subject matter of the Agreement. This Agreement may not be modified orally. This Agreement may be modified in a written Agreement signed by both parties.


16. Termination

16.1 Notwithstanding the terms set out above, contract may be terminated by either the Author or the Publisher with a 30-day notice via email using the termination form on this page (The other party must confirm receipt via a reply email), and all rights granted the publisher will revert to author at the time of such termination. 

16.2 If, in the sole determination and discretion of Publisher, further marketing, publication and sale of the Work will no longer be a profitable venture, Publisher may discontinue publishing, distributing and selling Work. Publisher may terminate this Agreement at any time by giving 30 days written notice via email to Author providing Publisher pays all amounts due to Author within that time. Termination of this Agreement by either Author or Publisher shall not affect the rights of any Purchaser.


17. Relationship

17.1 This Agreement shall not make either party the agent of the other, nor create a partnership, joint venture or employer-employee relationship between the parties. Author acknowledges that it has no power to obligate or bind Publisher in any manner whatsoever.

 

18. Waiver

18.1 The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach. This Agreement shall be binding upon and inure to the benefit of the parties named herein and their respective successors and assigns.

 

19. Bankruptcy and Insolvency

19.1 If a petition in bankruptcy shall be filed by or against the Publisher, or if it shall be judged insolvent by any court, or if a Trustee or a Receiver of any property of the Publisher shall be appointed in any suit or proceeding by or against the Publisher, or if the Publisher shall make an assignment for the benefit of creditors or shall take the benefit of any bankruptcy or insolvency Act, or if the Publisher shall liquidate its business for any cause whatsoever, this agreement shall terminate automatically without notice, and such termination shall be effective as of date of the filing of such petition, adjudication, appointment, assignment or declaration or commencement of reorganiSation or liquidation proceedings, and all rights granted hereunder shall thereupon revert to the Author.

 

20. Governing Law

20.1 This Agreement shall be governed by and interpreted in accordance with the laws of England and Wales where the Publisher resides. Each of the parties hereto irrevocably consent to the jurisdiction of the courts of England and Wales; agree that any action, suit or proceeding between the parties hereto shall be brought in that jurisdiction.

20.2 If during the existence of this agreement the copyright shall be infringed, the Publisher may, at its own expense, take such legal action, in the Author's name if necessary, as may be required to restrain such infringement or to seek damages therefor.

20.3 The Publisher shall not be liable to the Author for the Publisher's failure to take such legal steps. If the Publisher does not bring such an action, the Author may do so, in his name at his own expense. Money damages recovered for an infringement shall be applied first toward the repayment of the expense of bringing and maintaining the action, and thereafter the balance shall belong to the Author, provided, however, that any money damages recovered on account of a loss of the Publisher's profits shall be divided equally between the Author and the Publisher.


21. Inheritance

21.1 This agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators and assigns of the Author, and upon and to the successors and assigns of the Publisher.


Author Agreement


Termination of Existing Publisher Agreement(s) Form (#9)

Termination of Existing Publisher Agreement(s)

I wish to terminate the agreement on this date:


Author Real Name


Writing as (pseudonym):


Cover Art

Cover art provided by the publisher, which is protected under copyright, cannot be utilised post the termination of the publishing agreement without securing explicit permission from the publisher.