Publishing Agreement for Non-Profit Organizations

This agreement is between Jordan Lee Wagner (hereinafter called the "Author"), being the author and proprietor of a work at present entitled "Siddur Ba-eir Hei-teiv --- The Transliterated Siddur" (hereinafter called the "Work"), and

________________________________________  [Name of Institution]

________________________________________  [Address of Institution]

________________________________________

hereinafter called the "Publisher").  

1.  Warranty
The Author represents and warrants to the Publisher that he is the sole author and proprietor of the Work; that the Work is original and does not infringe upon any statutory copyright or upon any common law right or any other property right; that the Work contains no subject matter which is contrary to law; that he is the sole and exclusive owner of the rights herein conveyed to the Publisher; that he has not heretofore assigned pledged or otherwise encumbered the same; and that he has full power to enter into this agreement and to make the grants herein contained. 
The Author shall not be liable for any matter not contained in the original Work, and inserted therein by or at the instance of the Publisher.  

2.  Rights Granted
The Author grants to the Publisher a non-exclusive right to print, publish, copy, and vend the Work in the form of a book or booklet (hereinafter called the "Book"), including all revisions and future editions thereof, on the terms set forth herein. All other rights are reserved to the Author, including the right to make similar grants to others.  
Author and Publisher agree that the Work consists only of text, and does not include any images nor sound recordings that may be delivered with the Work.

3.  Delivery of the Work
The Author shall maintain a copy of the latest edition of the Work in the form of HTML documents placed at a URL on the Internet.  The URL of the Work is currently: http://www.Siddur.org.  The Author shall notify the Publisher of any changes in the URL and any other information needed to view and retrieve the Work.  The Publisher is responsible for all equipment, software, knowledge, and procedures ordinarily necessary to use HTML documents on the Internet.  

4.  Publication & Royalties
The Publisher shall publish the Book at its own expense, in such styles and under any such imprint as it deems advisable.  The Book may include the complete Work or an abridgement; or just selections from the Work or a digest of it; however the Publisher deems advisable.  The Publisher may make any revisions or corrections it deems advisable, may incorporate any additional material it deems advisable, and may include paid advertising at its sole discretion.  The Publisher agrees to furnish the Author upon publication two (2) copies of the Book without charge.  The Publisher shall pay to the Author a royalty of $0.25 per copy of the Book produced, except for the Author's free copies for which no royalty shall be due.   The Publisher shall pay to the Author a non-refundable advance of $36 upon signing this agreement, to be netted against future royalties.

5.  Required Contents
The Book shall also include the following notice:

The transliterations of the prayers are from "Siddur Ba-eir Hei-teiv -- The Transliterated Siddur" by Jordan Lee Wagner.  (c) Copyright 1997 by Jordan Lee Wagner.  All rights reserved.  Used by permission.  For more information e-mail the author at: Jordan@Siddur.org 

Nonwithstanding any other statements herein, the Publisher agrees that if the the Book includes any advertising it shall shall include an advertisement provided by the Author for "The Synagogue Survival Kit" by Jordan Lee Wagner, published by Jason Aronson Inc., a division of Rowman & Littlefield.  A sample ad can be found in color here: http://www.Siddur.org/graphics/SSK_flyer_Color.jpg ; and in black and white here: http://www.Siddur.org/graphics/SSK_flyer_BW.jpg .

6.  Revisions and Corrections
The Publisher shall notify the Author of any corrections made by the Publisher to the transliterations, and agrees that the Author may incorporate these into the Work and they become the property of the Author.  

7.  Publisher's Representation
The Publisher represents and warrants to the Author that the Publisher is a tax-exempt non-profit religious or educational institution under U.S. law, and that its tax-exempt employer ID number is: _____________________ . 

8. Royalty Statements 
The Publisher shall keep records of its Book production sufficient to determine the royalty due Author, and shall make an initial statement and payment within 30 days of the Book's first publication.  Subsequent statements of additional production, accompanied by royalty payment (if any is due), shall be made annually in the month of ___________ .

9.  Termination of Agreement
The Publisher may terminate this agreement at any time by sending written notice to the Author that it is discontinuing publication of the Work, including a final production statement and royalty payment (if any is due).  All rights of publication shall revert to the Author.  
The Author may terminate this agreement upon ninety (90) day written notice to Publisher, during which period the Publisher may carry out Book production sufficient for its future needs, and at the end of which period a final statement of production and royalty payment (if any is due) shall be made.     
In the case of bankrupcy, recievership, or assignment for benefit of creditors of the Publisher, all rights of publication shall revert to the Author and this agreement shall terminate.   

10.  Interpretation & Arbitration
This agreement, regardless of its place of execution, shall be construed and interpreted according to the laws of The State of New York.  In case of any dispute, the Publisher and Author agree to submit the dispute to binding arbitration by the Bet Din of the Vaad HaRabbonim of Massachusetts (The Rabbinical Council of Massachusetts).  

In witness whereof, the parties hereto have signed two copies of this Agreement (one to be held by Author and one by Publisher), made the ________ day of the month of __________, 20__.

Author:
_________________________________,
Jordan Lee Wagner
202 Chapel Street, Newton, MA 02458
(617) 953-6787; jordan@siddur.org
http://siddur.org

Publisher:  
____________________________________________ [Institution]

____________________________________________ [Signature]

____________________________________________ [Name and Position]

____________________________________________ [phone #]

____________________________________________ [e-mail address]


INSTRUCTIONS:

If you require special terms and conditions or have questions, e-mail us at: jordan@siddur.org; or call the Author at (617) 953-6787.  

If the Publishing Agreement suits your needs, print two copies, sign them, and mail them to the Author:  Jordan Lee Wagner, 202 Chapel Street, Newton MA 02458.  The Author will sign them and return one copy to you for your records.  Then go ahead and publish your Siddur.  

For your convenience, you can make the semi-annual royalty payments with a credit card by clicking this button:

(This is an especially useful payment method if converting to US dollars from other curencies.)

Visit our Support Forum at http://Siddur.org to share tips, questions, and announcements about your use of The Transliterated Siddur.   This is a useful tool whenever any questions arise about how best to work with the data, or to suggest additions to "Siddur Ba-eir Hei-teiv -- The Transliterated Siddur".   

Thanks for your interest in "The Transliterated Siddur".  


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