Contract and Agreement for Print-On-Demand Publishing for Bookstand Publishing™


Whereas, the AUTHOR wishes to publish his/her works (hereinafter to be referred to as WORK) through BOOKSTAND PUBLISHING, the AUTHOR grants, while retaining all other rights, BOOKSTAND PUBLISHING the non-exclusive right to print, publish, and distribute the WORK through the BOOKSTAND PUBLISHING bookstore, third-party online retail stores, and other sales channels.

In addition, the AUTHOR guarantees BOOKSTAND PUBLISHING:

1. He/she is the sole AUTHOR and owner of all rights to and of the WORK
2. He/she owns the copyright to the WORK and has full power to make this agreement;
3. The WORK is not in the public domain;
4. The WORK does not violate any right of privacy;
5. The WORK is not libelous or obscene;
6. The WORK does not infringe upon any statutory or common law copyright;
7. That any recipe, formula or instruction contained in the WORK is not injurious to the user or advocates the use of violence to the user;
8. He/she shall submit a copy of his/her written permission to use material copyrighted by others if any such material is included in the WORK;
9. That BOOKSTAND PUBLISHING shall not have legal responsibility, in any way or means, for the AUTHOR’S WORK;
10. He/she shall hold BOOKSTAND PUBLISHING harmless for any damages BOOKSTAND PUBLISHING sustains due to including the WORK on www.bookstandpublishing.com and other sales distribution channels.

In addition, the AUTHOR shall:

1. Have the right to terminate this CONTRACT, in writing, at any time for any reason;
2. Pay BOOKSTAND PUBLISHING a onetime setup fee, as shown in the author’s written proposal or as listed on www.bookstandpublishing.com, to produce the desired number of copies ordered by the AUTHOR and to maintain the work in the BOOKSTAND PUBLISHING distribution database for a minimum of 18 months.
3. Authorize BOOKSTAND PUBLISHING to collect, retain and disperse all moneys;
4. Authorize BOOKSTAND PUBLISHING to retain a portion of the of the purchase price for each Print On Demand book sold and to pay royalties based on the following schedule:

  • 70% on of the list price for all Amazon Kindle sales
  • 50% of the list price for all other eBooks sold,
  • 30% of the list price on each trade paperback or hardcover book sold on BookstandPublishing.com or InTheBookstand.com
  • 10% of the list price on each print book sold on third party retail web sites
  • Royalties are not paid on author wholesale purchases

5. Authorize BOOKSTAND PUBLISHING to refuse a WORK if it is not submitted in MS Word, WordPerfect (or another pre-approved format) as an e-mail attached file or as an uploaded using our online form;
6. Communicate, in writing, all notices, including any change of address, to BOOKSTAND PUBLISHING at the address of 305 Vineyard Town Center, Suite 302, Morgan Hill, CA 95037 or to authorservices@bookstandpublishing.com
7. Forfeit to BOOKSTAND PUBLISHING, upon failure to notify BOOKSTAND PUBLISHING of change of address by the CONTRACT’S termination date, any moneys still due to AUTHOR.

BOOKSTAND PUBLISHING shall:

1. Use its best efforts to electronically present the WORK;
2. Consult with the AUTHOR regarding the pricing of the WORK, (however, BOOKSTAND PUBLISHING retains the right to establish the final price);
3. Have the right to retain and own statistics concerning the sale of the WORK;
4. Not be responsible for editing the WORK, unless additional Copy Editing or Line Edit services are purchased from BOOKSTAND PUBLISHING;
5. Have the right to correct obvious minor spelling, grammar or punctuation errors of the WORK;
6. Communicate, in writing, notices to the AUTHOR;
7. Remit minimum moneys of $25.00 quarterly of sales moneys collected from the WORK to the AUTHOR;
8. Reserve the right to terminate this CONTRACT, in writing, at any time.
9. Retain a fee of $75 for processing an application and file set up if the AUTHOR terminates this CONTRACT after its acceptance and prior to fulfillment by BOOKSTAND PUBLISHING.
10. Have the Right to remove the WORK from the distribution database after 18 months due to LACK OF SALES.
11. Produce ONE “proof “copy of the work as an Adobe Acrobat PDF file and forward this copy to the AUTHOR prior to any production runs of the WORK.
12. Offer to the AUTHOR a wholesale price schedule so the AUTHOR can purchase books as needed for resale
13. Issue ONE International Book Standard Number (ISBN) per each edition of the book published (i.e. Paperback Edition, Hardcover Edition and/or ePUB edition)
14. Convert the WORK to electronic formats for distribution as an ebook;
15. Create all the credit card processing mechanism to take and process PRINT ON DEMAND book orders;
16. Supply the AUTHOR with an online sales report to track book sales and royalties.
17. Make its best efforts to complete the book as soon as possible (typically within 8 weeks).

The AUTHOR and BOOKSTAND PUBLISHING, by AGREEING WITH TERMS, execute this CONTRACT, under the governing laws of the State of California on the date first above written. It is further understood that should litigation ever arise from this agreement that the prevailing party in whose favor relief is granted or judgment is entered shall have its attorney’s fees paid by the non-prevailing party.

AUTHOR

Name (Please Print):___________________________________

Signature:___________________________________________

Date:_________________

BOOKSTAND PUBLISHING

Name (Please Print):___________________________________

Signature:________________________________________

Date:______________

2 thoughts on “Contract and Agreement for Print-On-Demand Publishing for Bookstand Publishing™

  • John

    Hi,

    On your webpage… “Contract and Agreement for Print-On-Demand Publishing for Bookstand Publishing™” http://bookstandpublishing.com/?page_id=804 you state that the author grants BOOKSTAND PUBLISHING the non-exclusive right to print, publish, and distribute the WORK through the BOOKSTAND PUBLISHING bookstore, third-party online retail stores, and other sales channels.

    Yet a bit further.. You state that the Author guarantees BOOKSTAND PUBLISHING that…

    3. The WORK is not in the public domain;

    My question is, how can this be a non-exclusive contract if it has this condition printing and distribution?

    The reason I pose this question is that my three works, that I am now looking to put into print, are, and have been, in the public domain for years in the form of a PDF and doc format.

    Regards

    John Rieger
    johnrieger@gmail.com

    Reply
    • Bookstand Post author

      Hi John,

      We can certainly publish a book that is in part or in full from material in the public domain. Please keep in mind, of course, that if it is in the public domain you don’t own the rights to it (because it is in the public domain). In this case we would modify the agreement so that item 3 says “Author acknowledges that significant portions of this document are from the public domain.”

      Please keep in mind that just because something has been available as a PDF and doc format for many years does not mean it is in the public domain. Anything published previous to 1923 is in the public domain, otherwise you have to have permission from the person who owns the copyright to publish it as a print book. Many articles are available for free on the web that are not in the public domain and if you attempted to publish this material as a print book and sell it for profit, you would be in violation of copyright law.

      Best,
      Andy
      Publishing Consultant

      Reply

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