3版权转让协议英文版.doc

COPYRIGHT TRANSFERRING AGREEMENTMemorandum of agreement is made this_ (day) o f_ (month) _ (years) between_ (name and address of Chinese publisher) (hereinafter termed “ the Publisher”) of the one part, and_ (name and address of foreign publisher) (hereinafter termed “the Proprietor”) of the other part.Proprietor:Publisher:Date:Whereas the Proprietor is the proprietor of a work by_ (name of author) (hereinafter termed the Author) entitled: _ (title of book), _ (number) Edition (hereinafter termed the Work).1. Items of TransferringSubject to the terms detailed in this Agreement, the Proprietor hereby transfer the right to produce and publish the Work in hardback / paperback volume form in the Chinese language (simplified characters) under the Publishers imprint (hereafter termed the Translation) for sale in the main land territory of the Peoples Republic of China, including Hong Kong and Macao.The Publisher shall reproduce the Proprietor jacket design of the Work, make any use of the Proprietor logo, brands of colophon, on the condition of getting the prior written consent of the Proprietor. This Agreement also grants the rights in respect of subsequent editions of the Work.2. PaymentThe Publisher shall make the following payments to the Proprietor, in accordance with this contract hereof, namely:The sum of US dollars_ payable on signature of this Agreement in advance and on account of any sums which may become due to the Proprietor under the terms of this Agreement. The said payment in advance is not recoverable in the event of any default by the Publisher in carrying out the terms of this Agreement.3. TaxesOn the Chinese retail price of all copies sold by the Publisher, wherever sold:A Royalty of _ percent on the first_ copies sold;A Royalty of _ percent on all copies sold between_ and _ copies;A Royalty of _ percent on all copies sold beyond the first_ copies.On remainder copies of the translation sold by the Publisher or below cost royalty shall be payable but no such remainder copies shall be sold within a period of two years from the date of the first publication of the translation.4. Effective of the AgreementThe Agreement shall not come into effect until the Proprietor have received the payment detailed in Clause 2 hereof.5. Reservation of RightThe Proprietor reserve the right to request the Publisher to submit the manuscript of the translation to the Proprietor for their approval before commencing the production of the translation.6. Stylebook _ free copies of the Translation shall be sent to the Proprietor on publication together with a note of the actual date of publication and the retail price of the Translation.7. AccountsAccounts for the translation shall be made up annually / twice annually by the Proprietor to _ (accounting date(s) and the accounts rendered together with any sums payable under this Agreement within six months of the accounting date(s).Should any of the payments detailed in this Agreement be three months overdue the right herein transferred shall forthwith lapse and all rights conveyed by it shall, without further notice, revert to the Proprietor.8. PromiseThe Proprietor hereby warrant to the Publisher that they have the right and power to make this Agreement and that according to law the Work will in no way whatever give rise to a violation of any existing copyright, or a breach of any existing agreement and that nothing in the Work is likely to give rise to a criminal prosecution or to civil action for damages or any other remedy and the Proprietor will indemnify the Publisher against any loss, injury or expense arising out of any breach or alleged breach of this warranty.The right hereby transferred to the Publisher shall not be transferred to or extended to include any other party, nor shall the translation appear under any imprint other than that of the Publisher, except with the prior written consent of the Proprietor. All rights in the Work other than those specifically granted to the Publisher under this Agreement are reserved by the Proprietor.9. TerminationDuring the validity of this Agreement, if either of the two parties is found to have violated the stipulations herein, the other party has the right to terminate this Agreement.10. Jurisdiction and LawsuitThis Agreement is made subject to the laws of the Peoples Republic of China and any disputes or differences arising between the parties in respect of the construction or otherwise of this Agreement shall be referred to the_ and the decision of the Committee shall be final limit the rights of the Proprietor outside the territory specified in Clause 1 hereof, including litigation.This Agreement contains the full and complete understanding between the parties and supersedes all prior arrangements and underta