This Royalty Agreement is between a writer and a publisher for the payment of royalties for a written work. This agreement sets out the title of work, the assignment, transfer or sell of all copyrights in the work and the royalties’ percentage the publisher agrees to pay to writer. This Royalty Agreement contains a provision on how and when royalty payments will be made and must be signed by both writer and publisher.
THIS ROYALTY AGREEMENT made and entered into this ___________ day of ________________, 20______ by and between ___________________________ of _____________________________________ (the “Writer”), and __________________________ of ____________________________________ (the “Publisher”).
WHEREAS, Writer has written the follower Work: _____________________ ________________________________________ (the “Work”).
NOW, therefore, in consideration of mutual covenants contained hereunder and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Writer hereby agrees to sell, assign and transfer the Work to the Publisher along with all copyrights including the right to secure any copyright and all other rights including but not limited to the sole and exclusive worldwide publication, mechanical, electrical reproduction, and recording, commercial rights, and the right of public performance by any and all means, and through any and all media, and the right to arrange and adapt and all other rights of whatsoever nature, now known or hereafter to become known (collectively “Rights”).
2. For and in consideration of the assignment and transfer by the Writer of the said Work and all Rights and interest of the Writer, the Publisher agrees to pay to the Writer a sum equal to ____________% of all net royalties actually received by it from the publication, reproduction and exploitation of the said Work.
3. Writer hereby represents and warrants that he is the sole author or creator of the Work and the said Work is his own original work and is not a copy of any other copyrighted work. The Writer further represents and warrants that he has not sold, assigned, leased, licensed or in any manner disposed of or encumbered the Rights hereunder granted to Publisher. Writer agrees to indemnify and hold Publisher harmless from all loss, liability, damages and expenses by reason of breach of said representations and warranties.
4. The term of this Agreement shall be ________________ years from the date of this Agreement and shall expire on _______________.
5. Payment to Writer shall be made quarterly on or before the 15th of each month in which a payment is due and shall be accompanied by an appropriate Statement of Account. If the balance due Writer for any quarterly royalty period is less than One Hundred Dollars ($100), Publisher will make no accounting payment until the next royalty period at the end of which the cumulative balance has reached at least One Hundred Dollars ($100).
6. This Agreement is binding upon the parties hereto and their respective personal representatives, successors and assigns.
7. This Agreement shall be governed by the laws and in the courts of the State of _____________. Any dispute or legal proceeding regarding the Agreement shall take place in the county of _____________, in the State of _________________.
IN WITNESS WHEREOF, the parties have executed this Agreement as on the day and year first written above.