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Author Copyright Agreement Template for Australia

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Key Requirements PROMPT example:

Author Copyright Agreement

"I need an Author Copyright Agreement for a non-fiction business book to be published both in print and as an e-book, with worldwide English language rights and potential for translations, planned for publication in March 2025."

Document background
The Author Copyright Agreement is a fundamental legal document used in the Australian publishing industry to formalize the relationship between content creators and publishers or content acquirers. This agreement is essential when an author wishes to publish or commercially exploit their work through a publisher or other content distributor. It must comply with Australian copyright law, particularly the Copyright Act 1968 (Cth), and includes provisions for rights transfer or licensing, royalty structures, publication obligations, and author warranties. The agreement can be customized for various types of works including books, academic papers, digital content, and other creative works, while maintaining compliance with Australian legal requirements including moral rights provisions. It's particularly relevant in situations where clear delineation of copyright ownership, usage rights, and commercial terms is necessary.
Suggested Sections

1. Parties: Identifies and provides full details of the author and the publisher/rights holder

2. Background: Establishes the context of the agreement, including brief description of the work and parties' intentions

3. Definitions: Defines key terms used throughout the agreement including 'Work', 'Copyright', 'Territory', 'Term', etc.

4. Grant of Rights: Specifies the rights being transferred or licensed to the publisher, including scope and territory

5. Author's Warranties and Representations: Author's guarantees regarding ownership, originality, and non-infringement of third-party rights

6. Delivery and Acceptance: Requirements for manuscript delivery, format, and acceptance criteria

7. Publication: Publisher's obligations regarding publication timeline and quality

8. Royalties and Payments: Payment terms, royalty rates, and calculation methods

9. Accounting and Audit Rights: Requirements for financial reporting and author's right to audit

10. Author's Copies: Number of free copies to be provided to the author

11. Term and Termination: Duration of the agreement and circumstances for termination

12. General Provisions: Standard legal provisions including governing law, notices, and assignment

Optional Sections

1. Moral Rights: Used when specifically addressing the author's moral rights under Australian law, particularly relevant for academic works

2. Electronic and Digital Rights: Detailed section for digital exploitation when ebook and other digital formats are specifically contemplated

3. Subsidiary Rights: When the agreement covers additional rights such as film, merchandising, or translation rights

4. Author's Marketing Obligations: When the author is required to participate in marketing and promotion

5. Competing Works: Restrictions on author's ability to publish similar or competing works

6. Creative Commons License: When the work will be published under a Creative Commons license

7. Open Access Provisions: For academic works that will be made available through open access

8. Multiple Author Provisions: When the work has multiple authors and responsibilities need to be allocated

Suggested Schedules

1. Schedule 1 - The Work: Detailed description of the work including title, length, format, and any special features

2. Schedule 2 - Delivery Schedule: Detailed timeline for manuscript delivery, revisions, and final acceptance

3. Schedule 3 - Royalty Rates: Detailed breakdown of royalty rates for different formats and territories

4. Schedule 4 - Style Guide: Publishing house style requirements and formatting guidelines

5. Appendix A - Author's Previous Works: List of author's previous works that may affect warranties or competing works provisions

6. Appendix B - Third Party Materials: List of any third-party materials included in the work and their clearances

Authors

Alex Denne

Head of Growth (Open Source Law) @ 红杏直播 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































Clauses






























Relevant Industries

Publishing

Media and Entertainment

Education

Academic Publishing

Digital Content

Research and Development

Arts and Culture

Professional Services

Technology

Relevant Teams

Legal

Rights and Licensing

Content Acquisition

Editorial

Publishing Operations

Author Relations

Intellectual Property

Contracts Administration

Academic Publishing

Digital Publishing

Relevant Roles

Publishing Director

Rights Manager

Legal Counsel

Content Acquisition Manager

Literary Agent

Contracts Manager

Copyright Officer

Acquisitions Editor

Publishing Manager

Author Relations Manager

Intellectual Property Lawyer

Content Licensing Manager

Academic Publishing Manager

Digital Rights Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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