Cussedness Corner

"My work may be garbage but it's good garbage." Mickey Spillane

Open Casket Press: AVOID IT


What we have here is an example, converted from a scanned pdf, of the contract with Open Casket Press. This is post number one. I’ll explain it all shortly in another post.

 

OPEN CASKET PRESS Author/Publisher Agreement

(An imprint of Living Dead Press)

THIS AGREEMENT between Open Casket Press having its principal place of business at 58 Dedham St. Revere Ma. 02151 (hereinafter known as “PUBLISHER”), and _____________________________________, having his/her principal place of business at _______________________________________ (hereinafter known as “AUTHOR”), for the publication of the WORK, as hereinafter defined, in the WORK entitled ______________ (hereinafter known as “WORK”) on the terms and conditions set forth herein.

  1. License to Publish. AUTHOR hereby grants to PUBLISHER the exclusive right to publish the story entitled________________ (hereinafter “WORK”) in print and electronic media, in whole or in part, and to distribute the AUTHOR’S WORK throughout the world as part of WORK. Exclusive right remains in effect for (5) five years after the publication date. After these 5 years, the right becomes non-exclusive and the AUTHOR can sell the WORK to a market of his/her choice and have book pulled from distribution if he/she chooses to do so. Publisher has the right to edit WORK before release.
  2. Term of License. AUTHOR agrees to grant PUBLISHER the right to keep the WORK in print as part of WORK in print and electronic media for the length of the contract totaling 5 years.
  3. Author Cancellation. AUTHOR has the right at any time to cancel this agreement within three (3) days written notice to the PUBLISHER prior to publication of WORK after PUBLISHER recieves contract. Should AUTHOR cancel this agreement, AUTHOR will return any compensation in full as outlined in Section 4 of this agreement to PUBLISHER and pay any other costs incurred by PUBLISHER.
  4. Author Cancellation. AUTHOR has the right at any time to cancel this agreement within three (3) days written notice to the PUBLISHER prior to publication of WORK after PUBLISHER recieves contract. Should AUTHOR cancel this agreement, AUTHOR will return any compensation in full as outlined in Section 4 of this agreement to PUBLISHER and pay any other costs incurred by PUBLISHER.
  5. Author Compensation. AUTHOR will receive a total of $1.00 for each paper book sold and $1.00 for each e-book. AUTHOR is entitled to one (1) contributor’s print copy at zero cost to AUTHOR at time of release. The print copy will be mailed to the AUTHOR upon or shortly after the WORK’s official publication date.
  6. Subsidiary Rights. AUTHOR retains all subsidiary rights including theater, film, and television rights for the WORK. However, PUBLISHER shall be entitled to 15% commission for all domestic sales and 20% commission on all international sales conducted by film, audio, graphic or comic novel or other medium other than that which the WORK was originally published (print and electronically) if PUBLISHER contacts any third parties on behalf of AUTHOR for the publication of the WORK in these other formats, with the AUTHOR’s permission.AUTHOR grants PUBLISHER the exclusive right to conduct mass market sales of the WORK to a third party, whether domestic or foreign. The license remains in effect for the life of the WORK.
  7. Publishing Formats.PUBLISHER will prepare the book for distribution as a Quality Trade Paperback book. PUBLISHER agrees to secure a unique ISBN and submit WORK to distributors including Ingram Book Group, Baker and Taylor, RR Bowker databases, and any other potential distribution channels, so that it may be available for sale at retail and online outlets using these systems.PUBLISHER has the option to prepare the book for distribution as an eBook. PUBLISHER agrees to secure a unique ISBN and submit WORK to distributors that specialize in e-Book distribution.
  8. Copyright and Title Registration. AUTHOR retains copyright to WORK. PUBLISHER agrees to register publication of WORK with required institutions and/or organizations in compliance with the publishing laws of the United States of America.
  9. Publication. PUBLISHER intends to market the WORK on its website and make the work available for print and electronic distribution by Oct. 31, 2012, if not sooner. If the PUBLISHER does not make the WORK available by such time, the AUTHOR may give notice to the PUBLISHER to make the WORK available within 30 days. If the PUBLISHER does not do so, this agreement shall terminate and all licenses herein shall revert to the AUTHOR.
  10. Author Copies. AUTHOR shall receive all purchase discounts described herein. AUTHOR may purchase 1 copy(s) or more at 40% discount off cover price plus applicable shipping charges.
  11. Publisher Termination. PUBLISHER may terminate publication of the WORK within thirty (30) days written notice to the AUTHOR, at which point all licenses herein shall revert to the AUTHOR.
  12. Web Page. PUBLISHER agrees to publish a web page on its site providing details about the WORK and the AUTHOR(s). Such web page may also contain an excerpt from the WORK. From time to time, the PUBLISHER may publish information about the AUTHOR(s) or the WORK and/or WORK. If PUBLISHER requests additional promotional information, AUTHOR will promptly provide it.
  13. Author Representations. AUTHOR represents and warrants that AUTHOR is the sole owner of the WORK and has the full power, authority and right to enter into this agreement; this agreement does not conflict with any arrangements, understandings, or agreements between the AUTHOR and any other person or entity; the WORK is not in the public domain and is entirely original except for portions thereof for which legally effective written licenses or permissions have been secured; the WORK and all rights therein are free of liens, claims, interests or rights in others of any kind; the WORK as submitted, and its publication by the PUBLISHER, do not and will not violate or infringe upon any personal or proprietary rights, including without limitation copyrights, trademark rights, trade secret rights, contract rights, privacy rights, or publicity rights of any other persons; the WORK is not defamatory or obscene, or in any other way illegal; and any recipes, formulae, instructions, or recommendations contained in the WORK are not and willnot be injurious to any reader, user, or third party; all information in the submission package is accurate. AUTHOR agrees that files created by PUBLISHER for printing will be retained by PUBLISHER. AUTHOR agrees not to schedule any book signings or other promotional efforts with respect to the WORK until PUBLISHER advises AUTHOR that the WORK is available for distribution.AUTHOR also warranties that all information provided to PUBLISHER is true and accurate to the best of the AUTHOR’s knowledge and to promptly submit any change in personal information to PUBLISHER in writing should any change in personal information occur.
  14. Indemnifications. AUTHOR agrees to fully indemnify, defend and hold harmless the PUBLISHER and its AFFILIATES from and against any losses, lost profits, damages, liabilities, judgments, awards, decrees, settlements, or expenses (including without limitation, reasonable attorneys fees and court costs) arising from, connected with, or by reason of any breach or alleged breach of any of the representations and warranties set forth above, but the AUTHOR shall not be liable for any matter inserted in the WORK by the PUBLISHER or its licensees. All warranties and indemnification made by the AUTHOR herein shall survive termination of this agreement.
  15. Additional Instruments. AUTHOR agrees to complete any or all additional instruments reasonably requested by the PUBLISHER to confirm and effectuate this agreement.
  16. Notice. All notices, information and contacts to PUBLISHER shall be directed to A. Giangregorio (opencasketpress@yahoo.com or livingdeadpress@yahoo.com) And all notices, information, and contacts to AUTHOR shall be directed to AUTHOR ( _________________________@________________ ).
  17. General Provisions. This agreement shall be governed by the laws of the United States. It contains all and the only agreement, and supersedes any other agreement, oral, written or otherwise construed as a prior agreement between the AUTHOR and PUBLISHER. This agreement cannot be appended, changed, modified, word or words added or deleted except by the mutual written agreement of the AUTHOR and the PUBLISHER. This agreement is binding upon the heirs, executors, administrators and assigns of the AUTHOR and the PUBLISHER.
  18. rbitration and Venue. The parties understand and agree that any claim, dispute, or controversy between themselves arising from, related to, or having any relationship or connection with this agreement shall be submitted to and determined exclusively by binding and final arbitration to one arbitrator under the rules of the state of Massachusetts for all actions hereunder shall lie exclusively in Massachusetts.

By completing the following and submitting the required materials, the AUTHOR agrees to all the terms and conditions in this agreement.

PUBLISHER: AUTHOR
By:
PRINT NAME: Anthony Giangregorio PRINT NAME:
DATE: DATE:
WITNESS:
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3 comments on “Open Casket Press: AVOID IT

  1. Pingback: Big Mouth, Small Dick | Cussedness Corner

  2. Lepplady
    May 20, 2013

    Smells pretty fishy. Very Mystic/Phoenix-esque.

  3. CFW
    May 23, 2013

    I just want to say, I am so glad that you aren’t as biased as I once thought. You do go after all the companies that you feel are fraudulent, and I do appreciate that with all my heart.

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Janrae Frank

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