Buckshot Magazine Publishing Contract
This contract is made by Buckshot Magazine, hereafter referred to as the Publisher, and ________________ hereafter referred to as the Author. The parties agree as follows:
1. The Author grants permission to include his/her story _______________________________________ a work of approximately ________ words, hereafter referred to as the Work, in Buckshot Magazine, to be published by the Publisher, hereafter referred to as the Magazine.
2. This use of the Work by the Publisher entails the assignment of three rights; First Print Magazine Rights, Non-Exclusive Digital Rights, and One-time Non-Exclusive Anthology Rights.
First World Magazine Rights: For publication in the English language anywhere in the world in a print Magazine issue.
Non-Exclusive Digital Rights: The bestowal of Non-Exclusive Digital Rights as outlined here apply and are limited to Digital Publication, Online Publication, and Marketing Purposes.
Digital Publication: For publication in the English language anywhere in the world in a digital magazine issue which has the same content and formatting as the print magazine issue as outlined above.
Online Publication: Solely for publication on the Publisher’s website, currently buckshotmagazine.com, in English and available freely online.
Marketing Purposes: For mention and publication in limited marketing materials featuring the Work in either partial or complete form, in print and digital forms including but not limited to links, social media posts, leaflets, and newsletters for a period of six (6) months upon final signing of the Contract.
The grant of non-exclusive electronic rights to the Publisher is subject, however, to the following limitations: after three (3) years from the date of initial publication, Author may terminate the grant of non-exclusive electronic rights and ask the Publisher to remove the Work from the magazine's web site, archives, electronic back issues, bundles, or any other electronic format, and the Publisher agrees that it will comply within 30 days of receiving such a request. The request should be clear, concise and must be delivered via established communication methods between Author and Publisher (E.G. recognized e-mail addresses).
One-time Non-Exclusive Anthology:
The possibility of publication in one (1) anthology of selected Buckshot Magazine publications, made digitally or in print, within two (2) years of final signing of the Contract. The Author will be given a complimentary copy of said anthology and retain all copyrights.
In summary, it is understood and agreed that the Publisher may use this Work in the above-mentioned Magazine as outlined above and that the Author shall retain all other rights to the Work not specified here.
3. For the rights granted above, the Author will receive 20 USD (25 CAD). This will be delivered to the Author’s PayPal account, and Publisher invoices and records will be used as proof of payment.
Author's Warranties, Representations and Indemnities
4. The Author represents and warrants that he/she is the sole author of the Work, that the Work is original, and that no one has reserved the rights granted in this agreement. The author also represents, to the best of his/her knowledge, that the Work contains no matter unlawful in its content, nor does it violate the rights of any third party; that the rights granted in this contract are free and clear; and that the Author has full power to grant such rights to the Publisher.
The Author further warrants that any and all works submitted under this contract are not in the public domain and are not and have never been published in paper or any other format with any publishing company that may still own proprietary right to the Work--non-monetized self-posted Work available exclusively online is an exception to this case, with the responsibility of verification held by the Publisher before issue of the contract.
The Author agrees to hold Publisher harmless and indemnify it from all damages, costs, and expenses directly resulting from a finally sustained judgment relating to any legal actions incurred by the Author arising from a breach of the above warranties.
No Competing Publication
5. In the case of a First World Magazine Rights assignment, the Author agrees not to permit others to publish this Work in any form prior to its publication and appearance in the above named Magazine --non-monetized self-posted Work available exclusively online is acceptable, as outlined above -- and for the first thirty (30) days after the appearance of the Magazine.
Changes in Text or Title
6. The Publisher will make no major alterations to the Work's text or title without the Author's written approval. The Publisher reserves the right to make minor copy-editing, as well as formatting, changes.
7. The Publisher agrees to list a proper copyright notice for the work in the name of the Author on the first page of the published story.
8. The Author will be credited at the beginning of the story as __________________________________.
9. This agreement shall be deemed executed under the laws of Canada. Canadian Common Law shall be the applicable law of this agreement.
Reversion of Rights
10. In the event that the above-mentioned Magazine has not been published in any form within two (2) months of signing of this agreement, all rights revert to the Author, and the Author has the right to sell or arrange for publication of the above-named Work in any manner.
11. This Agreement constitutes the entire Agreement between the parties, and supersedes all prior writings or oral agreements. This Agreement may be amended, only by a written, recorded agreement clearly setting forth the amendments and signed by both parties.
Furthermore, the Publisher may not assign or in any way transfer this contract or the rights granted by it to another person or entity without the written permission of the Author and an updated compensation agreement.
If any term or condition of this Agreement is found by a court of competent jurisdiction to be illegal, unlawful or otherwise unenforceable, the parties agree that such term or condition shall be reformed as nearly as may be possible to carry forth the intentions of the parties and that such illegality, unlawfulness or unenforceability shall not act to void any other term or condition of this Agreement nor to void the Agreement as a whole.
The parties acknowledge that each party has read and understood this contract before execution. By signing and/or typing in his or her name below as a digital signature, and providing his or her PayPal email address, the Author agrees to the terms as outlined above. By having a representative sign on behalf of the Publisher, the Publisher agrees to the terms above.
Author’s Signature: _________________________________ Date:_____________________
Author’s PayPal email address: __________________________________
Publisher Representative’s Signature: _____________________________