Memorandum of Agreement (2018 version)
This Agreement made between (me), of (my address), and its successors and assigns, hereinafter referred to as the PUBLISHER, and (you), of (your address), hereinafter referred to as the AUTHOR.
The parties agree as follows:
1. The Work. This Agreement pertains solely to the Author’s textual work titled “(Story Title).“
2. All rights not expressly granted by the Author reside exclusively with the Author. Any rights that may be developed in the future shall reside with the Author
3. Limitations On Scope Of Grant. The Author does not transfer any rights in the Work to the Producer except as specifically set forth in this Agreement. This Agreement is not a transfer of the copyright to the Work. This Agreement does not permit the Publisher to produce or publish the Work in any revisions in any medium unless explicitly granted by This Agreement. The terms of this agreement apply only to rights in the English language and not to any translations of the Work.
4a. Audio Rights. The Author grants to the Publisher worldwide non-exclusive audio rights to the Work, solely for use in the Gallery of Curiosities podcast program, which may include an early access audio of the Work available only to paid members of an online fundraising campaign, and brief audio segments taken from the Work for use in promotional material. Additionally, the Narrator assigned to the Work may use brief segments of their performance of the Work in their personal and promotional demo reels.
4b. The Publisher agrees to release the podcast episode that the Work is produced in under a Creative Commons International 4.0 Attribution, NonCommercial, NoDerivatives license.
5. Audio Archiving Rights. The Author further grants the Publisher the right to non-exclusively archive the podcast episode which contains the Work online in perpetuity or for as long as the associated websites and associated hosting services are maintained by the Publisher.
6a. Print Rights. The Author grants to the Publisher for a period of twenty four (24) months the non-exclusive, worldwide right to the Publisher to include the Work in the Magazine Curiosities, which is a print companion to the Gallery of Curiosities podcast.
6b. Electronic Rights. The Author grants for a period of twenty four (24) months the non-exclusive worldwide electronic print rights to the Publisher to include the Work in the Magazine Curiosities. For the avoidance of doubt, the rights granted to the Publisher under this paragraph are rights only to the publication or dissemination of an electronic replica of the Work as it is incorporated in the Magazine as common e-book formats, and not to any other publication, dissemination or use of the Work.
6c. The Author shall receive one free representative electronic copy and one free representative print copy of the Magazine which the Work is collected in.
7. For the rights granted to the Publisher in this Agreement, the Author will receive a payment by electronic transfer via PayPal in the sum of $00.00 USD, which will be paid within 30 days of the receipt by the Publisher of this agreement executed by the Author. If payment is not received as required by this paragraph, all rights granted hereunder shall immediately revert to the Author.
8. The Publisher will make no alterations to the Work’s text or title without the Author’s written approval in e-mail or electronic editing medium. Author will be provided with the Publisher’s proposed version of the work prior to production and given sufficient time to review text, with the following exceptions. The Narrator and Audio Engineer reserve the right to make minor alterations* while producing the Work for audio format. The Publisher reserves the right to make minor copyediting and/or formatting changes to conform the style of the text to its customary usage.
*examples: dropping dialogue tags, cutting around unexpected audio noise or flubs that cannot be re-recorded or repaired despite best efforts.
9. If the Publisher fails to produce the Work within twenty four (24) months of the date of this Agreement, all rights granted hereunder shall immediately revert to the Author. In such event, the Author shall retain any payments made under this Agreement prior to such reversion.
10. Arising under and terminating with the grant of rights to the Work in this Agreement, the Author grants the Publisher the right to use the Author’s name and biographical material for all advertising, promotion and other exploitation of the Work. Upon request, the Author shall provide the Publisher with appropriate biographical material for such use. The Producer shall use only the Author’s name and biographical material provided and approved by the Author, which may be edited for brevity.
11. The name by which the Author will be credited on the podcast, magazine, and associated web pages is (Author’s Public Name).
12. The Author warrants that the Work has not been previously published.
OR The Author warrants that the Work’s prior publications, in whole or in part in any medium, have been disclosed to the Publisher.
13. The Author warrants that, as of the date of executing this agreement, they are the sole author of the Work; that they are the owner of all the rights granted to the Publisher hereunder and have full power to enter into this agreement and to make the grants herein contained; that the Work is original and that to the best of the Author’s knowledge the Work does not infringe upon any copyright or upon any other proprietary or personal right of any person, firm or corporation.
14. The Author will indemnify the Publisher against any loss, injury, or damage finally sustained (including any legal costs or expenses and any compensation costs and disbursements paid by the Publisher) occasioned to the Publisher in connection with or in consequence or any breach of this warranty and which the Publisher is not able to recover under its insurance policies.
15. Regardless of its place of execution, this agreement shall be interpreted under the laws of the State of New Mexico.
In witness whereof the parties have executed this contract in duplicate originals on this
__________________day of ______________________________________, 2018
(you), Author Date
(me), Publisher Date