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.)
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