This Agreement is made by and between The Dread Machine, LLC, whose address is 4325 Bruce B. Downs Blvd. #126, Wesley Chapel, FL 33545 (the “Publisher”), and The Author.
The parties agree as follows:
The Author hereby grants permission to include his/her story in an anthology titled The Dread Machine: Darkness Blooms (the “Anthology”), to be published in multiple formats by the Publisher.
This use of the Work by the Publisher entails the assignment of World Anthology Rights, for publication anywhere in the world. It is also understood and agreed that the Publisher may use this Work only in the above-mentioned anthology and reprintings of it, and that the Author shall retain all other rights to the Work not specified here.
The Author grants the Publisher the right to use the Author’s name, image, likeness, and biographical material for all advertising, promotion, and other exploitation of the Work and the Anthology. Upon request, the Author shall provide the Publisher with a photograph of the Author and appropriate biographical material for such use.
All rights not expressly granted by the Author reside exclusively with the Author.
The Author warrants that:
- He or she is the sole author of the Work; that he or she is the owner of all the rights granted to the Publisher hereunder and has full power to enter into this agreement and to make the grants herein contained;
- The Work is original and has not been previously published in whole or in part;
- The Work does not violate the right of privacy of any person;
- To the Author’s knowledge, the Work is not libelous or obscene and contains no matter which is libelous, in violation of any right of privacy, harmful to the user or any third party so as to subject the Publisher to liability or otherwise contrary to law; and
- That the Work does not infringe upon any copyright or upon any other proprietary or personal rights of any person, firm or corporation.
The Author will indemnify and hold harmless 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 of any breach of this warranty and which the Publisher is not able to recover under its insurance policies
For the rights granted to the Publisher above, the Author will receive a payment in the sum of $0.08 per word, which will be paid within thirty (30) days of signing. Payment is contingent upon receipt from Author of information necessary for the issuance of any required tax documents.
The Publisher agrees to provide the Author with two complimentary copies of the original paperback edition upon publication and one copy of the original hardcover edition, and to the best of the Publisher’s ability, to provide copies of other editions that may be published in North America, and to inform Author or any other editions which are planned or may appear.
Changes in Text or Title
The Publisher will make no alterations to the Work’s text or title without the Author’s written approval in e-mail or hardcopy. Author agrees that such approval will not be unreasonably withheld. The Publisher reserves the right to make minor copy-editing changes to conform the style of the text to its customary form and usage.
Reversion of Rights
If the Publisher fails to publish the Work within 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.
Copyright and Attribution
The Publisher agrees to list a proper copyright notice for the Work in the name of the Author, on an appropriate copyright page.
The Author will be credited on the table of contents page and at the beginning of the story as [BYLINE], with the following attribution placed at the end of the story, or on a copyright page: © [YEAR] by [AUTHOR NAME].
This agreement shall be deemed executed under the laws of the Florida and such law shall be the applicable law of this agreement.
No Competing Publication.
The Author agrees not to publish or permit others to publish this Work in any form prior to its publication and appearance in the Anthology, nor until six months after the appearance of the Anthology. If the Work is selected for a “best of the year” anthology, the Publishers agree to waive this clause, provided the Author gives the Publishers prior written notice of the selection by such an anthology