ASSIGNMENT OF COPYRIGHT OF BOOK RESERVING ROYALTY
This deed of assignment is made this _____________________
AB son of.................. residing at........................ (After it called the author) of the one part
And company registered under the Companies Act with its Registered Office and doing business of Publishing at (Name of Place) (hereinafter called the publisher which term shall include its heirs and assigns) of the other part.
Whereas the author bear right copyright of the book known as ......... and whereas the publishers ask the author for assignment thereof which the author has consented to do on terms hereunder contained.
Now this deed of assignment witnesses as follows:-
(1) In consideration of and subject to the agreements by publishers as hereinafter contained, the author does hereby sanction, convey, transfer, vend, assign and assure unto using publishers all that copyright as defined in section 14 of the Copyright Act 1957, of the book entitled ......... on the subject of ......... to have and to hold the same as complete owners thereof for full term of copyright as prescribed by law.
(2) The publishers shall, so long as the said work or any adaptation, alteration or translation thereto is published/sold, submit to the author twice annually, once during January and other by June, a statement of account showing details of the copies printed, published, held in stock and sold or disposed of (excepting otherwise by sale of destroyed/damaged copies) and profits, if any, made thereunder.
(3) The publishers shall pay or cause to be paid to author/his nominee or nominees a royalty at the rate of............ per cent on the sale copies of the work or adaptations/translations thereof that should be actually published and as disclosed in the statement of account referred to in clause (2). No royalty shall be paid on each copies of work as damaged/destroyed or disposed of otherwise than by general sale.
(4) publishers shall also pay to author half the net profits made by them, from transferring, vending or assigning of any of the rights having the copyright or from granting of any interest or licence therein: provided that the publishers shall not bear right to and shall not do or cause anything to be done in contravention of author's other rights, specifically right to royalty reserved hereunder.
(5) Author hereby consent to revise the work and bring it up to date or otherwise modify, adapt, alter or translate it or get it translated whenever reasonably needed by the publishers: provided also that the publishers will not normally need the author in doing so more than once in two years; provided also that if the author does not and/or neglect, and/or refuse to, alter, revise modify translate the work or get it translated as and when reasonably needed by the publishers, they shall be free to get the same done on his account by any person/persons of their choice after serving notice to author and deduct all expenses, charges and costs out of moneys payable to author, provided also that in selecting person intended to adapt, alter, modify, revise or translate the work and in fixing the remuneration to be paid therefor, the author's desires, if any, shall possibly be fulfilled by publishers.
(6) That the author has delivered/shall deliver (within a ........ months from date hereof) the manuscript of the said work to the publishers.
(7) That the author does hereby declare that the work of which copy being hereunder allotted is wholly original work of author and same does not in any way whatever contravenes or infringe any subsisting copyright or any other right of any other person/other persons; and also that it does not contain anything as considered obscene, libellous, scandalous or defamatory.
(8) The author hereby consents to compensate and keep publishers compensated against all claims, suits, demands and other actions and proceedings, if any, that may be taken or instituted and also against all expenses, charges, costs, damages, as suffered or suffer by publishers, due to printing, publication or sale of the said work or any portion thereof, or by reason of such printing, publication and/or sale being an infringement of some other person's copyright or other rights in the work or due to its having sensed to be obscene, libellous, scandalous or defamatory.
(9) The publishers shall print/publish the work or cause the same to be printed/published as practicable by one year from the date of this contract, and if defaulted, author per express notice ask publishers to print/publish the work by two months on receipt of notice; and if publishers shall still not do/neglect to print /publish the work by said period, excepting they are forced in doing so per circumstances beyond their control, the author shall be free to cancel the contract after serving notice to the publishers, when copyright shall revert fully to the author and all the rights of publishers shall, as from that date, stand terminated.
(10) Per controversy/difference emerging between parties touching meaning, construction, interpretation, breach or fulfilling or non-fulfilling terms of these presents or clause or condition thereto, which shall be referred to decision of arbitrator(s) according with the enactment of Arbitration and Conciliation Act 1996.
(11) That the words author and publishers, "party" or "parties", unless there be something repugnant in the context, include their respective heirs, survivors, successors, representatives, executors, administrators and assigns and successors in business.
In witness whereof the parties hereto have executed these presents, the date, month and year first hereinbefore stated.
Signed, sealed and delivered by Mr.__________ pursuant to Board Resolution of STPL. dated ............ and Mr. _________the author.