standard publishing agreement
This Publishing Agreement (‘Agreement’) is entered into as of [Effective Date], by and between:
Publisher: Poet Land Press, an imprint of the Poet Land Foundation, a nonprofit organization organized under the laws of Oregon, with a principal place of business at 11895 SW Katherine Street, Tigard, Oregon, 97223 (‘Publisher’),
and
Artist: [Artist Legal Name], residing at [Address] (‘Artist’).
- PURPOSE
Publisher operates a nonprofit publishing imprint dedicated to the dissemination of creative works. Artist desires to grant Publisher the authority to publish, distribute, and promote the Work (defined below), while retaining full copyright ownership.
- DEFINITIONS
‘Work’: The creative content delivered by Artist, titled ‘[Title of Work],’ including all text, images, audio, or other materials submitted.
‘Net Profit’: Gross revenue actually received by Publisher from exploitation of the Work, less Direct Costs (as defined in Addendum A).
‘Direct Costs’: Reasonable, documented, out-of-pocket expenses incurred specifically for the production, distribution, and promotion of the Work, including but not limited to printing, design, marketing, platform fees, and transaction costs.
- GRANT OF RIGHTS
3.1 **Publishing License**
Artist hereby grants Publisher a **non-exclusive / exclusive (select one)**, worldwide license to:
* Publish, reproduce, distribute, display, and sell the Work;
* Format the Work in print, digital, and other media formats;
* Market and promote the Work.
3.2 **Authority**
Publisher shall have full authority to act as the publishing agent for the Work within the scope of this Agreement.
3.3 **Reservation of Rights**
All rights not expressly granted to Publisher are reserved by Artist.
- COPYRIGHT OWNERSHIP
4.1 **Retention of Copyright**
Artist retains **100% ownership of copyright** in and to the Work.
4.2 **Copyright Notice**
All published versions of the Work shall include a copyright notice in the name of the Artist.
- TERM AND TERMINATION
5.1 **Term**
This Agreement shall remain in effect in perpetuity from the Effective Date, unless terminated earlier.
5.2 **Termination for Convenience**
Either party may terminate this Agreement upon [90 days] written notice.
5.3 **Termination for Cause**
Either party may terminate immediately upon material breach if such breach is not cured within [30 days] of written notice.
5.4 **Post-Termination Rights**
Upon termination:
* Publisher shall cease new production and distribution within a commercially reasonable wind-down period (not to exceed 120 days).
* Existing inventory may be sold during the wind-down period.
* Rights revert fully to Artist, subject to any outstanding accounting obligations.
- ROYALTIES AND PAYMENTS
6.1 **Royalty Structure**
Publisher shall pay Artist **ninety-five percent (95%) of Net Profit** derived from the Work.
6.2 **Publisher Share**
Publisher shall retain **five percent (5%) of Net Profit** to support its nonprofit mission and operational sustainability.
6.3 **Accounting**
* Royalty statements shall be provided quarterly.
* Payments shall be made within 30 days** following the end of each reporting period.
6.4 **Transparency**
Publisher agrees to maintain accurate books and records. Artist may, upon reasonable notice (no more than once annually), audit such records at their own expense.
- COSTS AND EXPENSES
7.1 **Approval of Costs**
Any expense not defined in Addendum A of this contract must be pre-approved by Artist in writing.
7.2 **Nonprofit Standard**
Publisher agrees to act in good faith to minimize costs consistent with its nonprofit mission.
- ARTIST OBLIGATIONS
Artist shall:
* Deliver the Work in the agreed format and quality;
* Warrant that the Work is original and does not infringe on any third-party rights;
* Cooperate reasonably in promotional efforts.
- PUBLISHER OBLIGATIONS
Publisher shall:
* Professionally produce and distribute the Work;
* Use commercially reasonable efforts to promote the Work;
* Clearly identify itself as a nonprofit publishing imprint;
* Maintain ethical standards consistent with nonprofit operations.
- WARRANTIES AND INDEMNIFICATION
10.1 **Artist Warranties**
Artist represents and warrants that:
* The Work is original or properly licensed;
* The Artist has full authority to enter this Agreement.
10.2 **Indemnification**
Artist agrees to indemnify Publisher against claims arising from breach of these warranties.
- CREATIVE CONTROL
11.1 **Editorial Changes**
Publisher may suggest edits; however, **final creative control remains with the Artist**, unless otherwise agreed in writing.
11.2 **Format Adaptation**
Publisher may adapt formatting for technical or distribution purposes, provided the integrity of the Work is maintained.
- ATTRIBUTION
Publisher shall ensure that Artist receives clear and prominent credit in all versions and promotional materials.
- ASSIGNMENT
Publisher may not assign this Agreement without Artist’s prior written consent, except to a successor nonprofit entity.
- DISPUTE RESOLUTION
Any disputes arising under this Agreement shall be resolved through:
- Good faith negotiation;
- Mediation in Oregon;
- Binding arbitration, if necessary.
- GOVERNING LAW
This Agreement shall be governed by the laws of the State of Oregon, without regard to conflict of law principles.
- ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings.
- AMENDMENTS
Any amendments must be in writing and signed by both parties.
- SIGNATURES
**Publisher:**
By: ___________________________
Name: David Audley
Title: Publisher, Poet Land Press
Date:
**Artist:**
By: ___________________________
Name:
Date:
ADDENDUM A: DEFINING NET PROFIT
Net Profit shall be defined as funds remaining after necessary and defined costs are deducted from Gross Revenue. These costs may include, and are not limited to:
* Printing/manufacturing costs
* Platform and payment processing fees
* Marketing and advertising expenses
* Distribution and shipping costs
* Third-party service fees
No overhead, salaries, or unrelated organizational expenses shall be deducted unless explicitly agreed in writing.
ADDENDUM B: NONPROFIT MISSION CLAUSE
Publisher affirms that its share of proceeds will be used to support its nonprofit mission, including reinvestment into artist development, publishing infrastructure, and community programming.
