The Publication Contract serves as the foundational agreement between authors and publishers in Malaysia, establishing the legal framework for publishing literary or academic works. This document is essential when an author wishes to grant publishing rights to a publisher while protecting their intellectual property rights. It encompasses crucial elements such as manuscript submission requirements, publication timelines, royalty structures, and rights management, all within the context of Malaysian law. The agreement must comply with Malaysian legislation, including the Copyright Act 1987, Contracts Act 1950, and where applicable, Shariah law principles. It can be customized for various types of publications, from academic texts to creative works, and can include provisions for both traditional and digital publishing formats.
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1. Parties: Identification of the Author and Publisher with full legal names and addresses
2. Background: Context of the agreement and brief description of the work to be published
3. Definitions: Key terms used throughout the agreement including 'Work', 'Publication', 'Territory', 'Royalties', etc.
4. Grant of Rights: Specific rights being transferred from author to publisher, including print, digital, and subsidiary rights
5. Author's Warranties and Undertakings: Author's guarantees regarding ownership, originality, and non-infringement of third-party rights
6. Manuscript Delivery and Acceptance: Details of manuscript submission, format requirements, and acceptance process
7. Publication Obligations: Publisher's commitments regarding publication timeline, quality, and marketing
8. Royalties and Payments: Payment terms, royalty rates, and calculation methods
9. Accounting and Statements: Requirements for financial reporting and payment schedules
10. Copyright and Legal Notices: Requirements for copyright notices and legal attributions
11. Term and Termination: Duration of the agreement and circumstances for termination
12. General Provisions: Standard legal clauses including governing law, notices, and entire agreement
1. Electronic and Digital Rights: Specific provisions for digital formats and online distribution, used when digital publishing is part of the agreement
2. International Rights and Translations: Terms for international publication and translation rights, included when international distribution is contemplated
3. Audio Rights: Terms for audiobook production and distribution, included when audio rights are part of the deal
4. Marketing and Promotion: Specific marketing commitments and author participation requirements, included for major publications
5. Competitive Works: Restrictions on author's ability to publish competing works, included for academic or specialized publications
6. Islamic Law Compliance: Specific provisions ensuring compliance with Shariah law, included when relevant in Malaysian context
7. Moral Rights: Specific provisions regarding the author's moral rights, particularly important in academic publishing
1. Schedule 1 - Work Specifications: Detailed description of the work, including length, format, and content requirements
2. Schedule 2 - Delivery Schedule: Detailed timeline for manuscript delivery, revisions, and publication
3. Schedule 3 - Royalty Rates: Detailed breakdown of royalty rates for different formats and territories
4. Schedule 4 - Marketing Plan: Detailed marketing and promotion strategy (if applicable)
5. Appendix A - Style Guide: Publisher's style requirements and formatting guidelines
6. Appendix B - Copyright Assignment: Formal copyright assignment documentation if required
Authors
Relevant legal definitions
Clauses
Relevant Industries
Publishing
Media & Entertainment
Education
Literature
Academic Publishing
Digital Media
Arts & Culture
Relevant Teams
Legal
Editorial
Rights and Licensing
Acquisitions
Content Development
Digital Publishing
Operations
Author Relations
Contract Administration
Relevant Roles
Publishing Director
Literary Agent
Legal Counsel
Rights Manager
Contracts Manager
Author
Editor-in-Chief
Content Acquisition Manager
Copyright Officer
Publishing Operations Manager
Digital Rights Manager
Acquisitions Editor
Managing Editor
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