PNS Media Pte Ltd
PUBLISHING AGREEMENT
Parties THIS AGREEMENT is made on the 30TH day of September 2007 between Theodore Low Kiang Kiang (NRIC No: S6985274C) of 116 Rochester Rise, Singapore 250035 (hereinafter called “the Author”) of the one part and PNS Media Pte Ltd of 23 Carson Street, Capital Square, #01-01 Singapore 753159 (hereinafter called 'the Publishers”) for themselves, their successors and assigns of the other part.
Recital WHEREAS
1. The Author is compiling a manuscript of approximately 80,000 words in the English language at present entitled “The Lost Paradise” (hereinafter called “the Work”) and owns the copyright therein.
2. The Publishers have agreed, subject to the terms and conditions hereinafter contained to publish the Work.
3. As consideration for the said agreement and as a condition thereof, the copyright in the Work and in any translations and subsequent editions thereof shall vest in the Publishers as long as the Work shall stay in print.
Delivery of manuscript with illustrations NOW IT IS HEREBY AGREED as follows:
1. The Author shall at her own expense prepare the Work for publication, to the approval of the Publishers, and deliver by 31st March 2010 the final form of the Work to the Publishers in a condition ready for pre-press production, complete with a proper table of contents and suitable illustrative materials (hereinafter referred to as “illustrations”).
Publisher’s right to amend
2. The Publishers shall be entitled to make any additions and alterations to or deletions from the text or illustrations of the Work which they or their advisers consider desirable for literary or technical reasons, without the consent of the Author.
Author to correct proofs and revisions
3. The Author shall at her own expense correct all proofs and revisions of the Work from time to time furnished to her and return the said proofs and revisions corrected to the Publishers within 7 days of receiving the same. If the cost of the Author’s corrections of the proofs or artwork of the Work, including the Publisher’s errors, exceeds five per cent (5%) of the cost of the original composition or artwork, the excess shall be borne by the Author.
4.
Publisher’s right to terminateIf the Author shall fail to fulfil or comply with any of the obligations imposed upon the Author in the foregoing provisions of this agreement within 7 days after receipt of written notice from the Publishers of such failure, the Publishers shall have the option to terminate this Agreement without prejudice to any claim which the Publishers may have either for monies due and/or damages and/or otherwise.
5.
Agreement to publish(a) The Publishers shall, subject to the terms and conditions herein contained, publish the Work, within 7 days after the complete corrected and revised text with table of contents shall have been delivered to the Publishers.
(b) The Publisher shall indemnify the Author for any loss or damage howsoever caused to the Work while it is in their custody or in the course of preparation for publication.
6.
Control of publication and price of WorkThe Publishers and the Author shall determine the method of publication and the paper, printing, binding, design and illustrative materials, the manner and extent of promotion and advertising, the number and distribution of the free copies for review or otherwise and the price and terms of sale of the first or any other subsequent editions of the Work. The Publishers, with the consent of the Author (such consent shall not be unreasonably withheld) shall have the right to raise or reduce the published price of the Work. In the event that the parties are unable to agree on any of the above, the common market practice shall be adopted.
7.
Costs of publicationThe Publishers shall bear all the expenses of production and advertising provided always that if the cost of the Author’s corrections of the proofs and artwork of the Work or revisions thereof, including the Publisher’s errors, exceeds five per cent (5%) of the cost of pre-press production and/or artwork respectively, the excess amount shall be paid by the Author immediately. The Publishers shall not be required to continue with the publication of the Work until such amount is settled by the Author in full.
Copyright
8. (a) In consideration of the payments hereinafter mentioned, the Author as beneficial owner hereby assigns to the Publishers the right to publish the Work throughout the world for the whole legal term of this Agreement including any renewal or renewals thereof and grants to the Publishers, during the continuance of this Agreement, the exclusive right of producing and selling the Work throughout the world.
(b) The rights so granted to the Publishers do not include performance rights.
9.
Author’s nameThe Author gives permission to the Publishers to use the Author’s name in the Work and in any subsequent editions thereof irrespective of whether there have been any additions or alterations made thereto by persons other than the Author.
10.
Copyright matterIn the event that the Author has reproduced in the Work any subject matter (including but not limited to any work, photograph, design, sound recording, cinematograph film, television broadcast, sound broadcast or cable programme as defined in the Copyright Act) in which copyright and/or all rights in the nature of copyright subsist in a copyright owner not being the Author, the Author shall at the Author’s own expense obtain from the aforesaid copyright owner written permission for the Author and the Publishers to reproduce the said subject matter in the Work.
11.
Royalty termsDuring the term of copyright in the Work, the Publishers shall pay to the Author:
(a) a royalty of ten per cent (10%) of the net receipts on all copies of the Work sold except as provided by clause 11(b) below;
(b) a royalty equivalent to one-half the royalty paid under the provision of sub-paragraph (a) above on all copies sold of any translation of the Work prepared and published by the Publishers.
No royalty shall be paid on any copies given away for inspection, promotion, review or other purposes nor on copies destroyed by fire, water, enemy action, in transit or otherwise. The Publishers shall be authorised to deduct, from the royalties payable, withholding tax and such other levies as may be imposed on the royalties.
12.
Subsidiary rightsDuring the continuance of this Agreement, the Publishers shall be required to negotiate the sale or lease or other disposal of the translation rights of the Work into any language other than the English language and the net receipts from any such sale or lease or disposal of the translation rights aforesaid shall be given entirely to the Author.
13.
Author’s copiesThe Author shall be entitled to six (6) free copies of the Work and shall be entitled to purchase further copies at the trade discount for personal use.
14.
AccountingThe Publishers shall be required to provide statements of sales of the Work every six (6) months as at every 30 June and 31 December and to render them together with a cheque for the amount due to the Author up to those dates provided always that if the Publishers do not provide the statement and cheque within 7 days from the specified dates, they shall be liable to pay the Author a late interest fee of two per cent (2%) of the amount due on the cheque for that particular period.
Competitive works
15. During the continuance of this Agreement, the Author shall be allowed to prepare or edit for any other publisher, a competitive work ro any work that is an expansion, abridgement or revision of the Work or of any part of it. The Author shall also be allowed to publish any work on the same subject even if the sale of that particular publication may be regarded as likely to conflict with the sale of the Work.
16.
RemainderIf at any time after two years from the publication of the first edition of the Work, the Work (or any translation thereof) shall in the opinion of the Publishers cease to have a sufficiently remunerative sale, the Publishers shall be at liberty either to dispose of any copies of the Work (or translation thereof) remaining on hand as a remainder or to waste them and in the event of the price realised in respect of such copies remaining on hand being less than one-third of the published price of such copies, no royalties shall be payable to the Author thereon provided that the Author shall have the option of purchasing such copies of the Work (or any translation thereof) at a rate to be agreed upon, which rate shall not be higher than the price the Publishers would receive if they remaindered such copies of the Work or any translation thereof.
17.
Governing lawThis Agreement shall be construed and in all respects take effect in accordance with Singapore law.
18.
ArbitrationAll questions, disputes or differences whatsoever which may arise between the parties hereto touching this Agreement or the subject matter thereof and whether as to construction or otherwise shall be referred to a single arbitrator in case the parties can agree upon one, otherwise to two arbitrators, one to be appointed by each party to the dispute, or to their Umpire in accordance with and subject to the provisions of the law relating to arbitration in Singapore for the time being in force.
19.
InterpretationFor the avoidance of doubt it is hereby agreed and declared that in this Agreement, the expressions “Author” shall where the context admits include his personal representatives or other person or persons in whom the rights affected by this Agreement shall for the time being be vested and the expression “Publishers” shall where the context admits include the person or persons in whom the rights hereby given to the Publisher shall for the time being be vested and the rights and obligations under this Agreement belonging to and binding upon the Author and the Publishers respectively shall belong to and be binding upon the personal representatives and assigns of the Author and of the Publishers respectively.
AS WITNESS the hands of the parties hereto the day and year first above written.
________________________________ _____________________________
PUBLISHERS WITNESS
PNS Media Pte Ltd
________________________________ _____________________________
AUTHOR WITNESS
Theodore Low Kiang Kiang
WOWOWOWOW THIS IS ONE FUCKING REASON WHY IM NEVER GONNA DELVE INTO THE REALM OF LAW.
FUCKEN CHEEBYE READ ONE CLAUSE ALSO MUST READ 10 OVER TIMES BEFORE YOU ACTUALLY COMPREHEND WHAT ITS SAYING. SIMI LANJIAO GONG JIAOWEI LA.
WHOEVER THE FUCK WROTE SUCH MONSTROSITIES OF THE "ENGLISH LANGUAGE" OUGHT TO BE SHOT AND TAUGHT HOW TO FUCKEN USE PROPER PUNCTUATIONS.
PUBLISHING AGREEMENT
Parties THIS AGREEMENT is made on the 30TH day of September 2007 between Theodore Low Kiang Kiang (NRIC No: S6985274C) of 116 Rochester Rise, Singapore 250035 (hereinafter called “the Author”) of the one part and PNS Media Pte Ltd of 23 Carson Street, Capital Square, #01-01 Singapore 753159 (hereinafter called 'the Publishers”) for themselves, their successors and assigns of the other part.
Recital WHEREAS
1. The Author is compiling a manuscript of approximately 80,000 words in the English language at present entitled “The Lost Paradise” (hereinafter called “the Work”) and owns the copyright therein.
2. The Publishers have agreed, subject to the terms and conditions hereinafter contained to publish the Work.
3. As consideration for the said agreement and as a condition thereof, the copyright in the Work and in any translations and subsequent editions thereof shall vest in the Publishers as long as the Work shall stay in print.
Delivery of manuscript with illustrations NOW IT IS HEREBY AGREED as follows:
1. The Author shall at her own expense prepare the Work for publication, to the approval of the Publishers, and deliver by 31st March 2010 the final form of the Work to the Publishers in a condition ready for pre-press production, complete with a proper table of contents and suitable illustrative materials (hereinafter referred to as “illustrations”).
Publisher’s right to amend
2. The Publishers shall be entitled to make any additions and alterations to or deletions from the text or illustrations of the Work which they or their advisers consider desirable for literary or technical reasons, without the consent of the Author.
Author to correct proofs and revisions
3. The Author shall at her own expense correct all proofs and revisions of the Work from time to time furnished to her and return the said proofs and revisions corrected to the Publishers within 7 days of receiving the same. If the cost of the Author’s corrections of the proofs or artwork of the Work, including the Publisher’s errors, exceeds five per cent (5%) of the cost of the original composition or artwork, the excess shall be borne by the Author.
4.
Publisher’s right to terminateIf the Author shall fail to fulfil or comply with any of the obligations imposed upon the Author in the foregoing provisions of this agreement within 7 days after receipt of written notice from the Publishers of such failure, the Publishers shall have the option to terminate this Agreement without prejudice to any claim which the Publishers may have either for monies due and/or damages and/or otherwise.
5.
Agreement to publish(a) The Publishers shall, subject to the terms and conditions herein contained, publish the Work, within 7 days after the complete corrected and revised text with table of contents shall have been delivered to the Publishers.
(b) The Publisher shall indemnify the Author for any loss or damage howsoever caused to the Work while it is in their custody or in the course of preparation for publication.
6.
Control of publication and price of WorkThe Publishers and the Author shall determine the method of publication and the paper, printing, binding, design and illustrative materials, the manner and extent of promotion and advertising, the number and distribution of the free copies for review or otherwise and the price and terms of sale of the first or any other subsequent editions of the Work. The Publishers, with the consent of the Author (such consent shall not be unreasonably withheld) shall have the right to raise or reduce the published price of the Work. In the event that the parties are unable to agree on any of the above, the common market practice shall be adopted.
7.
Costs of publicationThe Publishers shall bear all the expenses of production and advertising provided always that if the cost of the Author’s corrections of the proofs and artwork of the Work or revisions thereof, including the Publisher’s errors, exceeds five per cent (5%) of the cost of pre-press production and/or artwork respectively, the excess amount shall be paid by the Author immediately. The Publishers shall not be required to continue with the publication of the Work until such amount is settled by the Author in full.
Copyright
8. (a) In consideration of the payments hereinafter mentioned, the Author as beneficial owner hereby assigns to the Publishers the right to publish the Work throughout the world for the whole legal term of this Agreement including any renewal or renewals thereof and grants to the Publishers, during the continuance of this Agreement, the exclusive right of producing and selling the Work throughout the world.
(b) The rights so granted to the Publishers do not include performance rights.
9.
Author’s nameThe Author gives permission to the Publishers to use the Author’s name in the Work and in any subsequent editions thereof irrespective of whether there have been any additions or alterations made thereto by persons other than the Author.
10.
Copyright matterIn the event that the Author has reproduced in the Work any subject matter (including but not limited to any work, photograph, design, sound recording, cinematograph film, television broadcast, sound broadcast or cable programme as defined in the Copyright Act) in which copyright and/or all rights in the nature of copyright subsist in a copyright owner not being the Author, the Author shall at the Author’s own expense obtain from the aforesaid copyright owner written permission for the Author and the Publishers to reproduce the said subject matter in the Work.
11.
Royalty termsDuring the term of copyright in the Work, the Publishers shall pay to the Author:
(a) a royalty of ten per cent (10%) of the net receipts on all copies of the Work sold except as provided by clause 11(b) below;
(b) a royalty equivalent to one-half the royalty paid under the provision of sub-paragraph (a) above on all copies sold of any translation of the Work prepared and published by the Publishers.
No royalty shall be paid on any copies given away for inspection, promotion, review or other purposes nor on copies destroyed by fire, water, enemy action, in transit or otherwise. The Publishers shall be authorised to deduct, from the royalties payable, withholding tax and such other levies as may be imposed on the royalties.
12.
Subsidiary rightsDuring the continuance of this Agreement, the Publishers shall be required to negotiate the sale or lease or other disposal of the translation rights of the Work into any language other than the English language and the net receipts from any such sale or lease or disposal of the translation rights aforesaid shall be given entirely to the Author.
13.
Author’s copiesThe Author shall be entitled to six (6) free copies of the Work and shall be entitled to purchase further copies at the trade discount for personal use.
14.
AccountingThe Publishers shall be required to provide statements of sales of the Work every six (6) months as at every 30 June and 31 December and to render them together with a cheque for the amount due to the Author up to those dates provided always that if the Publishers do not provide the statement and cheque within 7 days from the specified dates, they shall be liable to pay the Author a late interest fee of two per cent (2%) of the amount due on the cheque for that particular period.
Competitive works
15. During the continuance of this Agreement, the Author shall be allowed to prepare or edit for any other publisher, a competitive work ro any work that is an expansion, abridgement or revision of the Work or of any part of it. The Author shall also be allowed to publish any work on the same subject even if the sale of that particular publication may be regarded as likely to conflict with the sale of the Work.
16.
RemainderIf at any time after two years from the publication of the first edition of the Work, the Work (or any translation thereof) shall in the opinion of the Publishers cease to have a sufficiently remunerative sale, the Publishers shall be at liberty either to dispose of any copies of the Work (or translation thereof) remaining on hand as a remainder or to waste them and in the event of the price realised in respect of such copies remaining on hand being less than one-third of the published price of such copies, no royalties shall be payable to the Author thereon provided that the Author shall have the option of purchasing such copies of the Work (or any translation thereof) at a rate to be agreed upon, which rate shall not be higher than the price the Publishers would receive if they remaindered such copies of the Work or any translation thereof.
17.
Governing lawThis Agreement shall be construed and in all respects take effect in accordance with Singapore law.
18.
ArbitrationAll questions, disputes or differences whatsoever which may arise between the parties hereto touching this Agreement or the subject matter thereof and whether as to construction or otherwise shall be referred to a single arbitrator in case the parties can agree upon one, otherwise to two arbitrators, one to be appointed by each party to the dispute, or to their Umpire in accordance with and subject to the provisions of the law relating to arbitration in Singapore for the time being in force.
19.
InterpretationFor the avoidance of doubt it is hereby agreed and declared that in this Agreement, the expressions “Author” shall where the context admits include his personal representatives or other person or persons in whom the rights affected by this Agreement shall for the time being be vested and the expression “Publishers” shall where the context admits include the person or persons in whom the rights hereby given to the Publisher shall for the time being be vested and the rights and obligations under this Agreement belonging to and binding upon the Author and the Publishers respectively shall belong to and be binding upon the personal representatives and assigns of the Author and of the Publishers respectively.
AS WITNESS the hands of the parties hereto the day and year first above written.
________________________________ _____________________________
PUBLISHERS WITNESS
PNS Media Pte Ltd
________________________________ _____________________________
AUTHOR WITNESS
Theodore Low Kiang Kiang
WOWOWOWOW THIS IS ONE FUCKING REASON WHY IM NEVER GONNA DELVE INTO THE REALM OF LAW.
FUCKEN CHEEBYE READ ONE CLAUSE ALSO MUST READ 10 OVER TIMES BEFORE YOU ACTUALLY COMPREHEND WHAT ITS SAYING. SIMI LANJIAO GONG JIAOWEI LA.
WHOEVER THE FUCK WROTE SUCH MONSTROSITIES OF THE "ENGLISH LANGUAGE" OUGHT TO BE SHOT AND TAUGHT HOW TO FUCKEN USE PROPER PUNCTUATIONS.
posted by ChR0 @ 6:51 PM
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