July 08, 2006 12:33am
Book Scam Targets Porn Talent - The Contract
Source: Letters to the Editor
by: Company Press Release
Here is the contract provided by Samantha38G referred to in the story "Book Scam Targets Porn Talent" along with some of her comments continued from that story. Damn! This guy didn't even bother to use spellcheck! -Ed.
Samantha writes:
Oh, the part about how he gets all the money by Jan.5, 2006, but has 12 months to print it and all kinds of reasons for how he is not held liable if he doesn't. Or I have 48 hours to pick the books up. So guess drop everything you are doing and rush up there. Wonder what happens when you cross the border with 2000 books? What about duty and taxes? No mention of those.
And he owns all printing copyrights in foreign languages and movie/TV rights? Not to mention no address on the contract to send anything to. No address for the warehouse where you pick up these books. And 50% of all booking fee from lectures and appearances, so I guess any show you attend he get 50% whether or not you are promoting or trying to sell the books you got stuck with. No mention of how you will know how many of the books he sells to the retailers. So many holes in this contract and I am not even a lawyer.
Thanks for helping me in this matter.
Smooches Sam
- - -
This is an agreement between:
BurmanBooks Inc.(BB)
And
Samantha38G (Sam)
In consideration of the mutual covenants and conditions agreed upon in the Letter of Agreement signed on the day of June 2006, hereto agree as follows: !. Sam hereby grants and assigned to BB the exclusive rights to print and publish a Work to be tentatively entitled 'Feeling Sexy as I am' as a book.
2. Sam represents that all theories, statesments, cases and facts, do not contain any unlawful or libelous matter and does not violate the civil rights of any person or person and does not infringe copyright.
3. Sam hereby agrees to deliver to BB by December 2006, the manuscript of the Work in its final printed from. The manuscript will be delivered by hardcopy and disk format.
4. BB undertakes to publish the Work within 12 month of receipt of final manuscript at its own expense in such style or styles or imprints as it deems brest suited to its sale, tentatively at a price of $12.95 Cdn. And $10.95 Us retail.
5. BB and Sam is not responsible for delays due to war, riot, strikes, floods, fires or Acts of God, Governmental restrictions, manufacturing delays or circumstances outside of BB's control.
6. In the event BB fail to publish the work for any reason other than those listed in the Clause 5, within the agreed upon time in Clause 4, Sam will be intitled to terminate this Agreement. All rights to the Work will revert back to Sam.
7. BB will supply Sam with finished proof of the Work. If Sam fails to correct and return such proofs within 7 days, BB can publish work in the condition in which it served to Sam. Sam shall be liberty to make any changes to the Work, which it considers necessary for legal or editorial reasons.
8. If copyright material is included in the Work. Sam at its own expense/work, shall secure from the copyrights owner(s) written permission to reprint any such considers necessary for legal or editorial reasons.
9. BB will consult with Sam in advance concerning format, type and text and cover design, however all final decisions rest with BB. All final text, as long as not considered libel, will rest with Sam.
10. BB will promote/market the book at its own expense. BB will pay for any reasonable expenses for Sam to market the book in locations and manner BB feels it appropriate within 6 months of the Work published.
11. Sam will receive 50% of BB's gross pofits (first dollar recoupment before taxes based on retail sales. Sam will purchase a total of 2000 copies for sale or personal use at $6 per book, totaling $12,000 ($4000 August5, 2006, $4000 by October 5, 2006, $4000 by January 5, 2006) Reprinting will be shared between all parties equally.
12. An accounting of sales will be sent to Sam every 12 months or sooner should BB receive them. No royalties will be paid upon books returned by retailer if purchased up Consignment basis. All fees/profit paid to either party are nonrefundable. Books will be made available for pick up at warehouse, where Sam will get 48 hours advance notice for pickup.
13. BB has the right to issue excerpts of the book for profit, distribute outside of the country as well, transalation rights, first and second serial rights, book clubs and right to pubish their own editions, film/TV rights. All payments will be paid according to Clause 11.
14. At any time after 2 years from date of publication, if there is no stock or if sales drop below 1 copy a moth, BB may terminate this agreement by giving Sam 3 months notice. Sam may purchase all extra copies at 50% off cover price.
15. If Work is out of print, Sam may by written request, ask BB to republish Work. If BB refuses in writing, the Agreement woudl be terminated within 3 weeks. All rights to the Work will revert to Sam.
16. This Agreement shall be interpreted under the laws of Ontario, Canada.
17. This Agreement can be assigned to third party as long as Agreement is assured to be maintained in writing.
18. Should BB set up a session(s), corporate session(s), live demonstations that revenue is derived, BB will be entitled to 50% of total ticket sales and or fee paid.
______________________________ Samantha38G
______________________________ BurmanBooks Inc.
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