Consideration. The Parties agree that the Publisher’s agreement to its contractual obligations in this Agreement in respect of its efforts in considering publishing and promoting the Contribution and the Work is good and valuable consideration for the rights granted and obligations undertaken by the Author under this Agreement, the receipt, validity and sufficiency of which is hereby acknowledged by the Author. The Parties expressly agree that no royalty, remuneration, licence fee, costs or other moneys whatsoever shall be payable to the Author. The Publisher and the Author each have the right to authorise collective management organisations (“CMOs”) of their choice to manage some of their rights. Reprographic and other collectively managed rights in the Contribution (“Collective Rights”) have been or may be licensed on a non-exclusive basis by each of the Publisher and the Author to their respective CMOs to administer the Collective Rights under their reprographic and other collective licensing schemes (“Collective Licences”). Notwithstanding the other provisions of this Clause, the Publisher and the Author shall each receive and retain their share of revenue from use of the Contribution under Collective Licences from, and in accordance with, the distribution terms of their respective CMOs. To the fullest extent permitted by law, any such revenue is the sole property of the Publisher and the Author respectively and, if applicable, the registration and taxation of that revenue is the sole responsibility of the respective recipient party. The Publisher and the Author shall cooperate as necessary in the event of any change to the licensing arrangements set out in this Clause. The Publisher has the sole right to determine whether to publish any subsequent edition of the Work containing an updated version of the Contribution, but only after reasonable consultation with the Author. Once notified by the Publisher that an update of the Contribution is deemed necessary, the Author agrees to deliver an updated manuscript in accordance with the terms of the Clause "The Author's Responsibilities" and the other relevant provisions of this Agreement, together with the material for any new illustrations and any other supporting content including media enhancements, within a reasonable period of time (as determined by the Publisher) after such notification. Substantial changes in the nature or size of the Contribution require the written approval of the Publisher at its sole discretion. The terms of this Agreement shall apply to any new edition of the Work that is published under this "New Editions" Clause. If the Author, for whatever reason, is unwilling, unable or fails (including as a result of death or incapacity) to submit an updated manuscript that meets the terms of this Agreement within the above stated period, then the Publisher is entitled to revise, update and publish the content of the existing edition or to designate one or more individuals (which, where co-authors have entered into this Agreement, may be one or more of the co-authors) to prepare this and any future editions provided that the new editions shall not contain anything that is a derogatory use of the Author's work that demonstrably damages the Author’s academic reputation. In such case, the Author shall not participate in preparing any subsequent editions. The Author agrees that the Publisher shall be entitled but not obliged to continue to use the name of the Author on any new editions of the Work together with the names of the person or persons who contributed to the new editions. Should the Author or the Author's successors object to such continuing use then they must notify the Publisher in writing when first contacted by the Publisher in connection with any new edition.
Appears in 154 contracts
Samples: Publishing Agreement, Publishing Agreement, Publishing Agreement
Consideration. The Parties agree that the Publisher’s agreement to its contractual obligations in this Agreement in respect of its efforts in considering publishing and promoting the Contribution and the Work is good and valuable consideration for the rights granted and obligations undertaken by the Author Author under this Agreement, the receipt, validity and sufficiency of which is hereby acknowledged by the Author. Author. The Parties expressly agree that no royalty, remuneration, licence fee, costs or other moneys whatsoever shall be payable to the Author. Author. The Publisher and the Author Author each have the right to authorise collective management organisations (“CMOs”) of their choice to manage some of their rights. Reprographic and other collectively managed rights in the Contribution (“Collective Rights”) have been or may be licensed on a non-exclusive basis by each of the Publisher and the Author Author to their respective CMOs to administer the Collective Rights under their reprographic and other collective licensing schemes (“Collective Licences”). Notwithstanding the other provisions of this Clause, the Publisher and the Author Author shall each receive and retain their share of revenue from use of the Contribution under Collective Licences from, and in accordance with, the distribution terms of their respective CMOs. To the fullest extent permitted by law, any such revenue is the sole property of the Publisher and the Author Author respectively and, if applicable, the registration and taxation of that revenue is the sole responsibility of the respective recipient party. The Publisher and the Author Author shall cooperate as necessary in the event of any change to the licensing arrangements set out in this Clause. The Publisher has the sole right to determine whether to publish any subsequent edition of the Work containing an updated version of the Contribution, but only after reasonable consultation with the Author. Author. Once notified by the Publisher that an update of the Contribution is deemed necessary, the Author Author agrees to deliver an updated manuscript in accordance with the terms of the Clause "The AuthorAuthor's Responsibilities" and the other relevant provisions of this Agreement, together with the material for any new illustrations and any other supporting content including media enhancements, within a reasonable period of time (as determined by the Publisher) after such notification. Substantial changes in the nature or size of the Contribution require the written approval of the Publisher at its sole discretion. The terms of this Agreement shall apply to any new edition of the Work that is published under this "New Editions" Clause. If the Author, for whatever reason, is unwilling, unable or fails (including as a result of death or incapacity) to submit an updated manuscript that meets the terms of this Agreement within the above stated period, then the Publisher is entitled to revise, update and publish the content of the existing edition or to designate one or more individuals (which, where co-authors have entered into this Agreement, may be one or more of the co-authors) to prepare this and any future editions provided that the new editions shall not contain anything that is a derogatory use of the Author's work that demonstrably damages the Author’s academic reputation. In such case, the Author shall not participate in preparing any subsequent editions. The Author agrees that the Publisher shall be entitled but not obliged to continue to use the name of the Author on any new editions of the Work together with the names of the person or persons who contributed to the new editions. Should the Author or the Author's successors object to such continuing use then they must notify the Publisher in writing when first contacted by the Publisher in connection with any new edition.
Appears in 21 contracts
Samples: Publishing Agreement, Publishing Agreement, Publishing Agreement
Consideration. The Parties agree 4.1. In consideration of the Works to be created and rights assigned under this Agreement, the Producer shall pay the Author a total sum of Rs (Rupees Only) including applicable service tax ( Consideration”).
4.2. Author confirms that no further amounts, royalties shall be payable by the Publisher’s agreement Producer to its contractual obligations in the Author or any other person under this Agreement in respect of exploitation of the Works.
4.3. The Producer or its efforts permitted assignees shall be exclusively entitled (i) to issue or xxxxx xx- censes in considering publishing the said Works and promoting (ii) collect and utilize the Contribution full share of Master Royalties on one hand and the Work is good Owner‟s/Publisher‟s share of Publishing Royalties on the other hand, from the exploitation of the Works, if and valuable consideration for where applicable, in any manner whatsoever. The Author shall be entitled to receive only the rights granted author‟s/lyricist‟s share of Publishing Royalties (calculat- ed pro-rata with other Authors whose works are incorporated in the Film), if and obligations undertaken by where legal- ly applicable, either directly from end users or from any applicable copyright society. The Author agrees to provide all authorizations/ NOC‟s to the Producer or its assignees in further- ance of the above understanding.
4.4. Nothing contained in this Agreement shall affect the right of the Author under to be or continue to be a member of any copyright society whether in India or outside India. It is clarified that while by virtue of this Agreement, the receipt, validity and sufficiency of which is hereby acknowledged by the Author. The Parties expressly agree that no royalty, remuneration, licence fee, costs or other moneys whatsoever shall be payable to the Author. The Publisher and the Author each have Assignment the right to authorise collective management organisations (“CMOs”) issue or grant licenses in respect of their choice the Work shall vest exclusively with the Producer, the right to manage some collect the Author’s share of their rights. Reprographic and other collectively managed rights in Publishing Royalty shall continue to vest with the Contribution (“Collective Rights”) have been or copyright society of which the Author may be licensed on a non-exclusive basis by each member. Nothing contained herein shall be deemed to be a waiver of the Publisher and right of the Producer or the Author to receive their respective CMOs share of Publishing Royalties, to administer be shared on an equal basis as specified by the Collective Rights under their reprographic Indian Copyright Xxx 0000 and other collective licensing schemes (“Collective Licences”)its amendments. Notwithstanding It is further clarified that the other provisions of this Clause, Producer shall also not be liable to share any royalties received from overseas territories with the Publisher Author and the Author shall each receive and retain be entitled to collect only their share of revenue royalties through an appropriate copyright society, from use of the Contribution under Collective Licences fromapplicable Overseas Performing Rights Societies such as PRS (UK), and in accordance withASCAP (USA), the distribution terms of their respective CMOsBMI (USA), SOCAM (Canada), SAMRO (South Africa) etc.
4.5. To the fullest extent permitted by law, any such revenue is the sole property of the Publisher and the Author respectively and, if applicable, the registration and taxation of Parties agree that revenue is the sole responsibility of the respective recipient party. The Publisher and the Author shall cooperate as necessary in the event of any change to the licensing arrangements set out in this Clause. The Publisher has the sole right to determine whether to publish any subsequent edition of the Work containing an updated version of the Contribution, but only after reasonable consultation with the Author. Once notified by the Publisher that an update of the Contribution is deemed necessary, the Author agrees to deliver an updated manuscript Agreement in accordance with the terms of the Clause "The Author's Responsibilities" and the other relevant provisions of this Agreement, together with the material for any new illustrations and any other supporting content including media enhancements, within a reasonable period of time (as determined by the Publisher) after such notification. Substantial changes in the nature or size Section 18 of the Contribution require the written approval of the Publisher at its sole discretion. The terms of this Agreement shall apply to any new edition of the Work that is published under this "New Editions" Clause. If the Author, for whatever reason, is unwilling, unable or fails (including as a result of death or incapacity) to submit an updated manuscript that meets the terms of this Agreement within the above stated period, then the Publisher is entitled to revise, update and publish the content of the existing edition or to designate one or more individuals (which, where co-authors have entered into this Agreement, may be one or more of the co-authors) to prepare this and any future editions provided that the new editions shall not contain anything that is a derogatory use of the Author's work that demonstrably damages the Author’s academic reputation. In such case, the Author shall not participate in preparing any subsequent editionsCopyright Act. The Author agrees further acknowledges that the Publisher there are numerous other authors of copyrighted works which shall be entitled included in the Film, including but not obliged limited to continue to use author of other literary or musical works, dramatic works, artistic works and also statutory owners of performer‟s rights, if applicable. The Author acknowledges that no royalty shall be payable in respect of revenues generated from the name theatrical exhibition of the Author on any new editions of the Work together with the names of the person or persons who contributed Film in a Cinema Hall.
4.6. Without prejudice to the new editions. Should Producer’s rights and remedies in law, the Producer agrees to provide all reasonable assistance to the Author or in determining the likely share of Publish- ing Royalties due to the Author's successors object to such continuing use then they must notify the Publisher in writing when first contacted by the Publisher in connection with any new edition.
Appears in 1 contract
Samples: Author Agreement